; / W'Vi : ':-:,X (Wmi^&^l^dF/ISrtt^ ^^W&'^^^^S^ THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA RIVERSIDE THE STATESMAN'S MANUAL STATESMAN'S MANUAL M ^.PRESIDENTS' MESSAGES, INAUGURAL, ANNUAL AND SPECIAL PROM 1789 to 1846. EDWIN WILLIAMS. NEW YORK: EDWARD WALKER. f. THE ADDRESSES AND MESSAGES OF THE OP INAUGURAL, ANNUAL, AND SPECIAL, FROM 1789 TO 1846: WITH A MEMOIR OF EACH OF THE PRESIDENTS, AND A HISTORY OF THEIR ADMINISTRATIONS: ALSO THE CONSTITUTION OF THE UNITED STATES, AND A SELECTION OF IMPORTANT DOCUMENTS AND STATISTICAL INFORMATION. COMPILED FROM OFFICIAL SOURCES, BY EDWIN WILLIAMS, IN TWO VOLUMES, VOL. I. NEW YORK: PUBLISHED BY K D W A R D WALKER, 114 FULTON STRKKT. 1848. Entered according to Act of Congress, in the year 1P4C, BY EDWARD WALKER, in the Clerk's Oftice of the District Court of the United State*, in and for die Southern District of New York. STEREOTYPED BY KKDKI KM) * 3AVAUE 13 Chmbr SUc*t, N. Y. R. CRAIGHEAD, PRINTER, (OR. or ri'LTON AMD DUTCH STRICT*. THE PEOPLE OF THIS W O P K Is 3EUsjjectf ullw BcttfcateH, BY THE INTRODUCTION. IN the compilation of the work which is contained in these volumes, we are confident that we have performed an acceptable service to the American public. Former editions of the presidents' messages have been imperfect and incomplete in many respects ; particularly in having been taken, in some instances, from incorrect copies, and abounding in typo- graphical errors ; also in the omission of numerous important special messages. These defects we have now endeavored to remedy ; in the first place, by a careful comparison of the copies in these pages, with official documents ; and, secondly, by diligent research, to supply the special messages and inaugural addresses omitted in former compila- tions. It is hoped that this collection will be found to contain every address and message of all our presidents, from Washington to the pres- ent chief magistrate, which may be deemed important to elucidate the political history of this country, or to satisfy any reference that may be made by inquirers. The copious index, which is inserted at the end of the second volume, is a new feature of this compilation, that former editions have wanted ; and, of course, their value for reference has been greatly impaired, by that omission. The communications of the executive of this great republic to the national legislature, and the expositions of his policy and principles to his fellow-citizens, on entering upon the duties of his high office, must always be of interest to every intelligent and patriotic American. To most of these productions of statesmen who have been elevated by the voice of their countrymen to the chief magistracy of the nation, we may point with satisfaction, as containing lessons of political wisdom which will endure through all time. In this respect they will compare favorably with similar productions in the annals of any other nation. To render these writings of the American presidents more valuable and complete, as a continued national history, from the adoption of our con- stitution to the present time, we have accompanied them with a brief memoir of each president, and a history of the events of his administra- tion. The latter sketches include an account of the most important transactions of Congress, at every session sinro the year 1789, and a de- nil INTRODUCTION. tail of the prominent political events and movements of parties during each period. In the preparation of the memoirs of the presidents, and the history of their administrations, we have consulted the most authentic writers on American history, as will appear by our quotations from their works ; to which we here desire to express our acknowledgments. In this portion of our labors, we have endeavored to perform the part of a faithful and candid historian, whose office it is to relate events, and explain causes, without favor or prejudice. We feel the utmost confidence that intelligent and impartial readers will duly appreciate this task. The Constitution of the United States, the Articles of Confederation, and the Declaration of Independence, must always form a portion of the text-book of the American statesman ; and, indeed, of every citizen who understands his duties to the republic. These documents are, therefore, added to this collection, accompanied with notes, and an historical sketch of the political events which led to the adoption of these Magna- Char (as of our liberties. In the appendix will be found a variety of useful statis- tical information, so arranged as to be convenient for reference. The American who loves his country, will examine with pleasi ,-e, as well as patriotic pride, the political history unfolded in the following voluminous pages of documents, biography, and narrative. He will be- hold the republic founded and established by the valor and wisdom of his ancestors, in the different stages of her progress from the dawn of her existence as an independent power, through the blessing of Providence, overcoming every difficulty and danger advancing in population, wealth, and territory, until she has acquired the first rank, in physical and moral ability, among the nations of the earth. NEW YORK, January, 1846. CONTENTS. DECLARATION or INDEPENDENCE. PAGE xiii Articles of Confederation 1 Constitution of the United States 9 Amendments to the Constitution .* 22 BIOGRAPHICAL SKETCH OF GEORGE WASHINGTON 25 Inaugural Address, April 30, 1789 31 First Annual Address, January 8, 1790 33 Second Annual Address, December 8, 1790 36 Third Annual Address, October 25, 1791 38 Fourth Annual Address, November 6, 1792 42 Proclamation, April 22, 1793 46 Fifth Annual Address, Decembers, 1793 47 Special Message, December 5, 1793 50 Proclamation, August 7, 1794 51 Proclamation, September 25, 1794 , 54 Sixth Annual Address, November 19, 1794 55 Seventh Annual Address, December 8, 1795 60 Eighth Annual Address, December 7, 1796 64 Farewell Address, September 17, 1796 69 ADMINISTRATION OF WASHINGTON 79 BIOGRAPHICAL SKETCH OF JOHN ADAMS 95 Inaugural Address, March 4, 1797 103 Address, Special Session, May 16, 1797 107 First Annual Address, November 23, 1797 112 Special Message, February 5, 1798 116 Special Message, March 19, 1798 1 16 Second Annual Address, December 8, 1798 117 Third Annual Address, Decembers, 1799 121 Special Message, December 23, 1799 124 Special Message, January 8, 1800 125 Fourth Annual Address, November 22, 1800 125 ADMINISTRATION OF JOHN ADAMS 129 BIOGRAPHICAL SKETCH OF THOMAS JEFFERSON 139 Inaugural Address, March 4, 1801 149 First Annual Message, December 8, 1801 152 Second Annual Message, December 15, 1802 158 Special Message, January 28, 1802 161 Special Message, February 24, 1803 162 Third Annual Message, October 17, 1803 162 Special Message, October 21, 1803 166 Special Message, November 4, 1803 167 Special Message, November 25, 1803 167 Special Message, December 5, 1803 168 Special Message, January 16, 1804 168 Special Message, March 20, 1804 169 Fourth Annual Message, November 8, 1804 169 X CONTENTS. Second Inaugural Address, March 4, 1805 PAGE 173 Fifth Annual Message, December 3, 1805 177 Special Message, January 13, 1806 182 Special Message, January 17, 1806 181 Special Message, February 3, 1806 181 Special Message, February 19, 1806 183 Special Message, March 20, 1806 186 Special Message, April M, 1806 186 Sixth Annual Message, December 2, 1806 187 Special Message, December 3, 1806 19:2 Special Message, January 22, 1807 193 Special Message, January 28, 1807 1!*7 Special Message, January 31, 1807 197 Special Message, February 10, 1807 198 Seventh Annual Message, October 27, 1807 200 Special Message, November 23, 1807 204 Special Message, December 18, 1807.: 204 Special Message, January 20, 1808 201 Special Message, January 30, 1808 206 Special Message, January 30, 1808 207 Special Message, February 2, 1808 207 Special Message, February 4, 1808 208 Special Message, February 9, 1808 208 Special Message, February 15, 1808 209 Special Message, February 19, 1808 209 Special Message, February 25, 1808 210 Special Message, March 7, 1808 210 Special Message, March 17, 1808 211 Special Message, March 18, 1808 211 Special Message, March 22, 1808 '. 212 Eighth Annual Message, November 8, 1808 213 Special Message, December 30, 1808 218 Special Message, January 6, 1809 . 218 ADMINISTRATION OF JEFFERSON 219 BIOGRAPHICAL SKETCH OF JAMES MADISON 267 Inaugural Address, March 4, 1809 273 Message, Special Session, May 23, 1809 275 First Annual Message, November 29, 1809: 277 Special Message, January 3, 1810 280 Second Annual Message, December 5, 1810 281 Special Message, February 21, 1811 285 Special Message, February 28, 181 1 286 Third Annual Message, November 5, 181 1 286 Special Message, December 12, 181 1 , 290 Special Message, December 23, 181 1 291 Special Message, March 9, 1812 291 Confidential Message, April 1, 1812 292 Special Message, April 3, 1812 292 Special Message, April 20, 1812 293 Confidential Message, June 1, 1812 293 Fourth Annual Message, November 4, 1812 298 Special Message, November 6, 1812 304 Special Message, December 12, 1812 304 Special Message, February 22, 1813 305 Special Message, February 24, 1813 305 Second Inaugural Address, March 4, 1813 306 Message, Special Session, May 25, 1813 308 Confidential Message, July 20, 1813 311 Fifth Annual Message, December 7, 1813 312 Confidential Message, December 9, 1813 317 Special Message, February 26, 1814 :. 318 Special Messaze, March 31, 1814 319 Sixth Annual Message, September 20, 1814 319 Bank-Veto Message, January 30, 1815 323 CONTENTS. XI Special Message, February 20, 1815 PAGE 325 Special Message, February 25, 1815 327 Confidential Message, February 23, 1815 327 Seventh Annual Message, December 5, 1815 328 Eighth Annual Message, December 3, 1816 333 Special Message, April 11, 1816 339 Special Message, December 6, 1816 339 Special Message, December 26, 1816 339 Special Message, February 3, 1817 340 Special Message, February 6, 1817 340 ADMINISTRATION OF MADISON 341 BIOGRAPHICAL SKETCH OF JAMES MONROE 383 Inaugural Address, March 5, 1817 391 First Annual Message, December 2, 1817 396 Second Annual Message, November 17, 1818 404 Third Annual Message, December 7, 1819 411 Fourth Annual Message, November 14, 1820 419 Second Inaugural Address, March 4, 1821 426 Fifth Annual Message, December 3, 1821 433 Sixth Annual Message, December 3, 1822 443 Seventh Annual Message, December 2, 1823 451 Special Message, February 24, 1824. . 462 Eighth Annual Message, December 7, 1824 465 Special Message, January 13, 1818 479 Special Message, December 17, 1819 481 Special Message, February 25, 1822 482 Special Message, March 8, 1822 483 Special Message, March 26, 1822 485 Cumberland Road Message, May 4, 1822 491 Special Message, May 4, 1822 492 Special Message, January 5, 1825 635 Special Message, January 10, 1825 536 Special Message, January 27, 1825 536 Special Message, February 14, 1825 538 Special Message, February 17, 1825 539 Special Message, February 21, 1825 539 Special Message, February 26, 1825 540 ADMINISTRATION OF MONROE 541 BIOGRAPHICAL SKETCH OF JOHN QUINCY ADAMS 563 Inaugural Address, March 4, 1825 575 First Annual Message, December 6, 1825 580 Second Annual Message, December 9, 1826 594 Third Annual Message, December 8, 1827 607 Fourth Annual Message, December 2, 1828 619 Special Message, February 16, 1826 631 Special Message, March 15, 1826 632 Special Message, March 30, 1826 641 Special Message, February 5, 1827 642 Proclamation, March 17, 1827 644 Special Message, March 4, 1828 645 Special Message, April 17, 1828 646 Special Message, April 30, 1828 647 Special Message, March 3, 1829 647 ADMINISTRATION OF JOHN QUINCY ADAMS 649 BIOGRAPHICAL SKKTCH OF ANDREW JACKSON 671 Inaugural Address, March 4, 1829 '. . 695 First Annual Message, December 8, 1829 697 Special Message, January 5, 1830 714 Special Message, January 2t>, 1830 715 Special Message, May 30, 1830 . . . 719 Maysville Road Veto Message, May 27, 1830 719 Special Message, May 26, 1830 ! 828 ft DECLARATION OF INDEPENDENCE, JULY 4th, 1776. THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED. WHEN, 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 laws of nature and of nature's God entitled them, a decent respect to the opinions of mankind requires that they should de- clare 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 happiness. Pru- dence, indeed, will dictate that governments long established should not be changed for light and transient causes ; and, accordingly, all experience hath shown 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 these states. To prove this, let facts be submitted to a candid world : He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be XIV DECLARATION OF INDEPENDENCE. obtained ; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws fdl the accommodation of large districts of people, unless those people would relinquish the right of representation in the legislature a right inestimable to them, and formi- dable to tyrants only. He has called together legislative bodies at places unusual, uncomfort- able, and distant from the repository of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly for opposing with manly firmness his 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 legislative powers, incapable of annihilation, have returned to the people at large for their exercise the state remaining, in the meantime, exposed to all the dangers of invasion from without and convulsions within. He has endeavored to prevent the population of these states for that purpose obstructing the laws of naturalization of foreigners, refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary 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 harass our people and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of, and superior to, the civil power. He has combined with others to subject us to a jurisdiction foreign to our constitution 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 punishment 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 our consent; For depriving us, in many cases, of the benefits of trial by jury ; For transporting us beyond seas to be tried for pretended offences ; For abolishing the free system of English laws in a neighboring 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 uto these colonies ; DECLARATION OF INDEPENDENCE. XV For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the forms of our governments ; For suspending our own legislatures, and declaring themselves 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 complete the works of death, desolation, and tyranny", already begun with circumstances of cruelty and perfidy scarcely paralleled in the most bar- barous 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 among us, and has endeavored 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 answered only 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 British 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 settlement here. We have re- pealed 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 connexions 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 separa- tion, and hold them, as we hold the rest of mankind, enemies in war, in peace, friends. We, therefore, the representatives of the United States of America, in general Congress assembled, appealing to the Supreme Judge of the World for the rectitude of our intentions, do, in the name, and by the authority of the good people of these colonies, solemnly publish and declare that these united colonies are, and of right ought to be, free and independent states ; that they are absolved from all allegiance to the British crown, and that all political connexion 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, estab- lish commerce, and to do all other acts and things which independent XVI DECLARATION OF INDEPENDENCE. tates may of right do. 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. The foregoing declaration was, by order of Congress, engrossed and signed by the following members : JOHN HANCOCK. NEW HAMPSHIRE. JOSIAH BARTLETT, WILLIAM WHIPPLE, MATTHEW THORNTON. MASSACHUSETTS BAY SAMUEL ADAMS, JOHN ADAMS, ROBERT TREAT PAINE, BLBRIDOE GERRY. RHODE ISLAND. STEPHEN HOPKINS, WILLIAM ELLKRY. CONNECTICUT. ROGER SHERMAN, SAMUEL HUNTINGTON, WILLIAM WILLIAMS, OLIVER WOLCOTT. NEW YORK WILLIAM FLOYD, PHILIP LIVINGSTON, FRANCIS LEWIS, Liwii MORJUI. NEW JERSEY. RICHARD STOCKTON, JOHN WITHKRSPOON, FRANCIS HOPKINSON, JOHN HART, ABRAHAM CLARK. PENNSYLVANIA. ROBERT MORRIS, BENJAMIN RUSH, BENJAMIN FRANKLIN, JOHN MORTON, GEORGE CLYMER, JAMES SMITH, GEORGE TAYLOR, JAMES WILSON, GEORGE Ross. DELAWARE. C.ESAR RODNEY, GEORGE READ, THOMAS M'KEAX. MARYLAND. SAMUEL CHASE, WILLIAM PACA, THOMAS STONE, [ton CHARLES CARROLL, of Carroll- VIRGINIA. GEORGE WYTHE, RICHARD HENRY LEE, THOMAS JKFFERSOK, BENJAMIN HARRISON, THOMAS NELSON, JK. FRANCIS LIGHTFOOT LEE, CARTER BRAXTON, NORTH CAROLINA WILLIAM HOOPER, JOSEPH HEWES, JOHN PENN. SOUTH CAROLINA. EDWARD RUTLEDGE, THOMAS HEYWARD, JR. THOMAS LYNCH, JR. ARTHUR MIDDLETON. GEORGIA. BUTTON GWINNETT, LYMAN HALL, GEOKGE WALTOR. ARTICLES OF CONFEDERATION, TO JLL TO WHOM THESE PRESENTS SHALL COME, WE, THE UNDERSIGNED, DELEGATES 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 independence of America, agree to certain articles of confederation and perpetual Union between the states of New Hampshire, Massachusetts Bay, Rhode Island 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 New Hampshire, Massachusetts Bay, Rhode Island and Providence Planta- tions, Connecticut, New York, New Jersey, Pennsylvania, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. ARTICLE 1. The style of this confederacy shall be," The United States of America." ARTICLE 2. Each state retains its sovereignty, freedom, and independ- ence, and every power, jurisdiction, and right, which is not by this con- federation expressly delegated to the United States in Congress assembled. ARTICLE 3. 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 whatever. ARTICLE 4. The better to secure and perpetuate mutual friendship, and intercourse among the people of the different states in this Union, the free inhabitants of each of these states, paupers, vagabonds, and fugitives from justice, excepted, shall be entitled to all privileges and immunities 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, im- positions, and restrictions, as the inhabitants thereof respectively, provided that such restrictions 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 imposition, duties, or restriction, VOL. I. 1 2 ARTICLES OF CONFEDERATION. 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 which 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 slates to the records, acts, and judicial proceedings of the courts and magistrates of every other state. ARTICLE 5. For the more convenient management of the general interests of the United States, delegates ahull 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 recall 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 office under the United States, for which he, or another for his benefit, receives any salary, fees, or emoluments of any kind. Each state shall maintain its own delegates in a meeting of the states, and while they act as members of the commitee of the states. In determining questions in the United States in Congress assembled, each state shall have one vote. 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 Con- gress, except for treason, felony, or breach of the peace. ARTICLE 6. No state, without the consent of the United States in Con- gress assembled, shall send any embassy to, or receive any embassy from, or enter into any conference, 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, office or title of any kind whatever, from any king, prince, or foreign state ; nor shall the United States in Congress assembled, 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 iu 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 as- sembled, with any king, prince, or state, in pursuance of any treaties al- ready proposed by Congress to the courts of France and Spain. No vessel-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 body of forces be kept up by any state in time of peace, except such number only as in the judgment of the United States in Congress as- ARTICLES OF CONFEDERATION. 3 sembled, 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, sufficiently armed and accoutred, and shall provide and have constantly 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 im- minent as not to admit of a delay till the United States in Congress as- sembled can be consulted ; nor shall any state grant commissions to any ships or vessels-of-war, nor letters of marque or reprisal, except it be after a declaration of war by the United States in Congress assembled, and then only against the kingdom or state, and the subjects thereof, against which Avar has been so declared, and under such regulations as shall be estab- lished by the United States in Congress assembled, unless such state be infested by pirates, in which case vessels-of-war may be fitted out for that occasion, and kept so long as the danger shall continue, or until the United States in Congress assembled shall determine otherwise. ARTICLE 7. When land forces are raised by any state for the common defence, all officers of or under the rank of colonel, shall be appointed 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 8. All charges of war, and all other expenses 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 common treasury, which shall be supplied by the several states in proportion to the value of all land within each state granted to or surveyed for any person, as such land and the buildings and improvements thereon shall be estima- ted 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 levied by the authority and direction of the legislatures of the several states, within the time agreed upon by the United States in Congress assembled. AKTICI.K 9. The United States in Congress assembled shall have the sole and exclusive right and power of determining on peace and war, ex- cept in the cases mentioned in the sixth article of sending and receiving 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 appro- priated of granting letters of marque and reprisal in times of peace ap- pointing court; for the trial of piracies and felonies committed on the high seas, and establishing courts for receiving and determining finally appeals in all cases of captures : provided, that no member of Congress shall be appointed ;i judge of any of the caid courts. 4 ARTICLES OF CONFEDERATION. 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 manner 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 bearing and determining the matter in question ; but if they can not 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 rive 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 showing 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 court to be ap- pointed in the manner before prescribed, shall be final and conclusive , and if any of the parties shall refuse to submit to the authority of such court, or to appear, or defend their claim or cause, the court shall never- theless proceed to pronounce sentence or judgment, which shall in like manner be final and decisive, the judgment or sentence and other proceed- ings, 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 administered by one of the judges of the supreme or superior court of the slate, where the cause shall be tried, '* well and truly to hear and deter- mine the matter in question, according to the best of his judgment, without favor, affection, or hope of reward :" provided also, that no state shall be deprived of territory for the benefit of the United States. All controversies concerning the private right of soil, claimed under different grants of two or more states, whose jurisdiction as they may respect such lands and the states which passed such grants are adjusted, the said grants or either of them being at the same time claimed to have originated antecedent to such settlement of jurisdiction, shall, on the peti- tion of either party to the Congress of the United States, be finally deter- mined, as near as may be, in the same mariner as is before prescribed for deciding disputes respecting territorial jurisdiction 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 by that of the respective states fixing the standard of weights and measures throughout the United States regulating ARTICLES OF CONFEDERATION. 5 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 be not infringed or violated establishing and regulating postoffices from one state to another throughout all the United States, and exacting such postage on the papers passing through the same, as may be requisite to defray the expenses of the said office appointing all officers of the land forces in the service of the United States excepting regimental officers appointing all the officers of the naval forces, and commissioning all officers whatever in the service of the United States making rules for the government and regulation of the said land and naval forces, and directing their operations. The United States in Congress assembled shall have authority to ap- point a committee to sit in the recess of Congress, to be denominated " a committee of the states," and to consist of one delegate from each state ; and to appoint such other committees and civil officers as may be necessary for managing the general affairs of the United States, under their direc- tion to appoint owe of their number to preside, provided that no person be 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 appropriate and apply the same for defraying the public expenses to borrow 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 so 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 regi- mental officers, raise the men, and clothe, arm, and equip them, in a soldier- like manner, at the expense of the United States; and the officers and men so clothed, 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, clothed, 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 can not safely be spared out of the same ; in which case they shall raise, officer, clothe, arm, and equip, as many of such extra number as they judge can be safely spared. And the officers and men so clothed, armed, and equipped, shall march to the place ap- pointed, 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 expenses necessary for the defence and wel- fare of the United Stales or any of them, nor emit bills, nor borrow money on the credit of the United States, nor appropriate money, nor agree upon (he number of vessels-of-war to be built or purchased, or the number of land or vea forces to be raised, nor appoint a coinmander-in-chief of the army or navy, unless nine states assent to the same ; nor shall a question 6 ARTICLES OF CONFEDERATION. on any other point, except for adjourning from clay to day, be determined, unless by the votes of a majority of the United Slates in Congress as- sembled. 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, ex- cept such parts thereof re-luting to treaties, alliances, or military operations, as in their judgment require secresy ; and the yeas and nays of the dele- gates of each state on any question shall be entered on the journal, 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 transcript of the said journal, except such parts as are above excepted, to lay before the legis- latures of the several states. ARTICLE 10. The committee of the states, or any nine of them, sh ill be authorized to execute, in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent ol 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 11. 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 12. All bills of credit emitted, moneys 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 13. Every state shall abide by the decision of the United States in Congress assembled, on all questions which, by this confedera- tion, are submitted to them. And the articles of this confederation shall be inviolably observed by every state, and the Union sEairtJe perpetual ; nor shall any alteration at any time hereafter be ruade~iu any"of Them, un- less such alteration be agreed to in a Congress of the United States, and be afterward confirmed by the legislature of every state. And whereas it has pleased the great Governor of the world to incline the hearts of the legislatures we respectively represent in Congress, to approve of and to authorize us to ratify the said articles of confederation and perpetual Union : know ye, that we, the undersigned delegates, by virtue of the power and authority to us given for that purpose, 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 con- federation and perpetual Union, and all and singular the matters and things therein contained ; and we do further solemnly 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 respectively represent ; and that the Union be perpetual. ARTICLES OF CONFEDERATION. In witness 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 oqe thousand seven hundred^and seventy-eight, and in the third year of the independence of America. NEW HAMPSHIRE. JONATHAN BAYARD SMITH, JOSIAH BARTLETT, WILLIAM CLINGAN, JOHN WENTWORTH, JR. JOSEPH REED. MASSACHUSETTS BAY. JOHN HANCOCK, SAMUEL ADAMS, ELBRIDGE GERRY, FRANCIS DANA, JAMES LOVELL, SAMUEL HOLTEN. RHODE ISLAND. WILLIAM ELLERY, HENRY MARCHANT, JOHN COLLINS. CONNECTICUT. ROGER SHERMAN, SAMUEL HUNTINGTON, OLIVER WOLCOTT, TITUS HOSMER, ANDREW ADAMS. NEW YORK. JAMES DUANE, FRANCIS LEWIS, WILLIAM DUER, GOUVERNEUR MORRIS. NEW JERSEY. JOHN WITHERSPOON, NATH. SCUDDER. PENNSYLVANIA. ROBERT MORRIS, DANIEL ROBERDEAU, DELAWARE. THOMAS M'KEAN, JOHN DICKINSON, NICHOLAS VAN DYKE. MARYLAND. JOHN HANSON, DANIEL CARROLL. VIRGINIA. RICHARD HENRY LEE, JOHN BANISTER, THOMAS ADAMS, JOHN HARVIE, FRANCIS LIGHTFOOT LEE. NORTH CAROLINA. JOHN PENN, CONSTABLE HARNETT, JOHN WILLIAMS. SOUTH CAROLINA. HENRY LAURENS, WILLIAM HENRY DRAYTON, JOHN MATTHEWS, RICHARD HUTSON, THOMAS HEYWARD, JR. GEORGIA. JOHN WALTON, EDWARD TELFAIR, EDWARD LANGWORTHY. CONSTITUTION OF THE UNITED STATES, COPIED FROM, AND COMPARED WITH, THE ROLL IN THE DEPARTMENT OF STATE. WE the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquillity, provide 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. ARTICLE I. SECTION" 1. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a senate and house of representatives. SECTION 2. The house of representatives shall be composed of mem- bers chosen every second year by the people of the several states, and the electors in each state shall have the 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 re- spective 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 law direct. The num- ber of representatives shall not exceed one for every thirty thousand,! but each state shall have at least one representative ; and until such enumera- tion shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. The constitutional provision, that direct taxes shall be apportioned among the several states according to their respective numbers, to be ascertained by a census, was not intended to restrict the power of imposing direct taxes to states only. Loughbormtgh vs. Blake. 5 Whtaton, 319. t See laws United States, vol. ii , chap. 124 ; iii., 261 ; iv., 332. Acts of 17th Congress, 1st session, chap. x. ; and of the 22-1 and 27th Congress. 10 CONSTITUTION OF THE UNITED STATES. When vacancies happen in the representation from any state, the exec- utive authority thereof shall issue writs of election to fill such vacancies. The house of representatives shall choose their speaker and other offi- cers ; 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 expira- tion 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 every second year ; and if vacancies happen by resig- nation, or otherwise, during the recess of the legislature of any state, vhe executive thereof may make temporary appointments until the next meet- ing 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 senile, but shall have no vote, unless they be equally divided. The senate shall choose their other officers, and also a president pro- tempore, in the absence of the vice-president, or when he shall exercise the office of president of the United States. The senate shall have the sole power to try all impeachments : When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside : And no person shall be convicted without the concurrence of two thirds of the members present. Judgment in cases of impeachment shall not extend further than to re- moval 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 sen- ators and representatives, shall be prescribed in each state by the legisla- ture thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators. The Congress shall assemble at least once in every year, and such meet- ing 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 See art. v., clause 1. t To an action of trespass against the sergeant-at-arms of the house of representatives of the United States for assault and battery and false imprisonment, it is a leeal justifica- tion and bar to plead that a Congress was "held and sitting during the period of the tres- passes complained, and that the house of representatives had resolved that the plaintiff had Seen guilty of a breach of the privileges of tne house, and of a high contempt of the dignity CONSTITUTION OF THE UNITED STATES. 11 members for disorderly behavior, 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 judgment re- quire secresy ; 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 journal. Neither house, during the session of Congress, shall, without the con- sent of the other, adjourn for more than three days, 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, felony and breach of the peace, be privileged from arrest during their at- tendance at the session of their respective houses, and in going to and re- turning from the same ; and for any speech or debate in either house, they shall not he 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 have been increased during such time ; and no person holding any office under the United States, shall be a member of either house during his con- tinuance in office. SECTION 7. All bills for raising revenue shall originate in the house of representatives ; but the senate may propose or concur with amendments as on other bills. Every bill which shall have passed the house of representatives and the senate, shall, before it hecome 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 originated, who shall enter the objections at large on their journal, and proceed to recon- sider it. If after such reconsideration two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall he entered on the journal of each house respectively. If any bill shall not be returned by the pres- ident within ten days (Sunday excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, un- less the Congress by their adjournment prevent its return, in which case it shall not be a law. Every order, resolution, or vote to which the concurrence of the senate and authority of the same ; and had ordered that the speaker should issue his warrant to the sergeant-at-arms, commanding him to take the plaintiff into custody wherever to be found, and to have him before the said house to answer to the said charge ; and that the speaker did accordingly issue such a warrant, reciting the said resolution and order, and commanding the sergeant-at-arms to take the plaintiff inio custody, &c., and deliver the said warrant to the defendant : by virtue of which warrant the defendant arrested the plain- tiff, and conveyed him to the bar of the house, where he was heard in his defence touching the matter of said charge, and the examination being adjourned from day to day, and the house having ordered the plaintiff to be detained in custody, he was accordingly detained by the defendant until he was finally adjudged to be guilty and convicted of the charge aforesaid, and ordered to be forthwith brought to the bar and reprimanded by the speaker, and then discharged from custody, and after being thus reprimanded, was actually dis- charged from the arrest and custody aforesaid Anderson vs. Dunn, 6 Wheaton, 204. 12 CONSTITUTION OF THE UNITED STATES. and house of representatives may be necessary (except on a question of adjournment) shall be presented to the president of the United States ; and before the same shall take effect, shall be approved by him, or being dis- approved by him, shall be repassed by two thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. SECTION 8. The Congress shall have power to lay and collect taxes,* duties, imposts and excises, to pay the debts and provide for the common defence and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States; To borrow money on the credit of the United States ; To regulate commerce with foreign nations, and among the several states, and with the Indian tribes; To establish an uniform rule of naturalization,! and uniform laws on the subject of bankruptcies^ throughout the United States ; To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures ; To provide for the punishment of counterfeiting the securities and cur- rent coin of the United States ; To establish postoffices and postroads ; To promote the progress of science and useful arts, by securing for lim- ited times to authors and inventors the exclusive right to their respective writings and discoveries ; To constitute tribunals inferior to the supreme court ; To define and punish piracies and felonies committed on the high seas, and offences against the law of nations ;|| To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water ; To raise and support armies, but no appropriation of money to that use shall be for a longer term than two years ; To provide and maintain a navy ; To make rules for the government and regulation of the land and naval forces ; To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel invasions ; The power of Congress to lay and collect taxes, duties, &c , extends to the District of Columbia, and to the territories of the United States, as well as to the states. Loughborough vs. Blake, 5 Wheaton, 318. But Congress are not bound to extend a direct tax to the district and territories. Id., 318. f Under the constitution of the United States, the power of naturalization is exclusively in Congress. Chivac vs. Chivac, 2 Wheaton, 259. See laws United States, vol. ii., chap. 30 j ii., 261 ; iii., 71 ; iii., 288 ; iii., 400 ; iv., 56-1 ; vi.. 32. | Since the adoption of the constitution of the United States, a state has authority to pass a bankrupt law, provided such law does not impair the obligation of contracts wiiliin the meaning of the constitution (art. i., sect. 10), and provided there be no act of Congress in force lo establish a uniform system of bankruptcy conflicting with such law. Sturgess vs. Croitminshield, 4 Wheaton, 122, 192. See laws United States, vol. ii., chap. 368, sect. 2: iii., 66; iii., 158. U The act of the 3d March, 1819, chap. 76, sect. 5, referring to the law of nations for a definition of the crime of piracy, is a constitutional exercise of the power of Congress to de- fine and punish that crime. l/nited States vs Smith, 5 Wheaton, 153, 157. Congress have power to provide for the punishment of offences committed by persons on board a ship-of-war of the United States, wherever that ship may lie. But Congress have not exercised that power in the case of a ship lying in the waters of the United Mates, the words within fort, arsenal, dockyard, magazine, or in any other place or district of country under the sole and exclusive jurisdiction of the United Slates, in the third section of the act of 1790, chap. 9, not extending to a ship-of-war, but only to objects in their nature, fixed and territorial. United States vs. Bevans, 3 Wheaton, 890. CONSTITUTION OF THE UNITED STATES. 13 To provide for organizing, arming, and disciplining, the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress ;* To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States,! and to exercise like authority over all places pur- chased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings ; Arid To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this con- stitution in the government of the United States, or in any department or officer thereof.^ SECTION 9. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohibited by * Vide amendments, art. ii. t Congress has authority to impose a direct tax on the District of Columbia, in propor- tion to the census directed to be taken by the constitution. Loughboroitgh vs. Blake, 5 Wheaton, 317. But Congress are not bound to extend a direct tax to the district and territories. Id., 322. The power of Congress to exercise exclusive jurisdiction in all cases whatsoever within the District of Columbia, includes the power of taxing it. Id., 324. + Whenever the terms in which a power is granted by the constitution to Congress, or whenever the nature of the power itself requires that it should be exercised exclusively by Congress, the subject is as completely taken away from the state legislatures as if they had been expressly forbidden to act on it. Sturgess vs. Crowninshield, 4 Wheaton, 193. Congress has power to incorporate a bank. McCulloch. vs. State of Maryland. 4 Wheaton. 316. The power of establishing a corporation is not a distinct sovereign power or end of gov- ernment, but only the means of carrying into effect other powers which are sovereign. Whenevr-r it becomes an appropriate means of exercising any of the powers given by the constitution to the government of the Union, it may be exercised by that government. Id., 411,421. If a certain means to carry into effect any of the powers expressly given by the constitu- tion to ihe government of the Union, be an appropriate measure, not prohibited by the constitution, the degree of its necessity is a question of legislative discretion, not of judi- cial cognizance. 7}., 4S. But in cases of concurrent authority, where the laws of the states and of the Union are in direct and manifest collision on the same subject, those of the Union being the supreme \aw of the land, arc of paramount authority, and the state so far, and so far only as such incompatibilit\ exists, must necessarily yield. Id., 49. The state within which a branch of the United States bank may be established, can not, 14 CONSTITUTION OF THE UNITED STATES. the Copgress prior to the year one thousand .eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dol- lars 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 re- quire it. No bill of attainder or ex post facto law shall be passed. No capitation, or other direct, tax shall be laid, unless in proportion to the census or enumeration hereinbefore 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 revenue 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 ap- propriations 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 per- son holding any office of profit or trust under them, shall, without the con- sent of the Congress, accept of any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. SECTION 10. No state shall enter into any treaty, alliance, or confedera- tion ; grant letters of marque and reprisal ; coin money ; emit bills of credit ; make anything but gold and silver coin a tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts,* or grant any title of nobility. without violating the constitution, tax that branch. McCulloch vs. Stale of Maryland, 4 Wheaton, 425. The state governments have no right to tax any of the constitutional means employed by the government of the Union to execute its constitutional powers. Id., 427. The states have no power by taxation, or otherwise, to retard, impede, burden, or in any manner control, the operation of the constitutional laws enacted by Congress, to curry into effect the powers vested in the national government. Id., 436'. This principle does not extend to a tax paid by the real property of the bank of the Uni- ted States, in common with the other real property in a particular state, nor to a tax im- posed on the proprietary which the citizens of that state may hold in common with the other property of the same description throughout the state. Id., 436. Where a law is in its nature a contract, where absolute rights have vested under that contract, a repeal of the law can not divest those rights. Fletcher vs. Peck, 6 Cranch, 88. A party to a contract can not pronounce its own deed invalid, although that party be a sovereign state. Id., 88. A grant is a contract executed. Id., 89. A law annulling conveyance is unconstitutional, because it is a law impairing the obliga- tion of contracts within the meaning of the constitution of the United States. Id. The court will not declare a law to be unconstitutional, unless the opposition between the constitution and the law be clear and plain. LI., 87. An act of the legislature of a state, declaring that certain lands which should be pur- chased for the Indians should not thereafter be subject to any tax, constituted a contract which could not, after the adoption of the constitution of the United States, be rescinded by a subsequent legislative act ; such rescinding act being void under the constitution of the United Mutes. Stale of Neu- Jersey vs. Wiln, 7 Cranck, 164. The present constitution of the United States did not commence its operation until the firt.t Wednesday in Mnrch, 1789, and the provision in the constitution, that " no state shall make any In w impairing the obligation of contracts," does not extend to a Mate law enacted before that day, and operating upon rights of property vesting before that time. Ouing.i vs. Kpted, ;"> It'heaton, 420,421. An act of a state legislature, which discharges a debtor from all liability for debts con- tracted previous to hi> discharge, on his surrendering his property for the benefit of his creditors, is a law impairing ' the obligations of contracts," within the meaning oi the con- stitution of the United States, so far as it attempts to disc-barge the contract ; and it makes no difference in Mich a case, that the suit was brought in a stale courf of the state of which both the parlies wvre citizens where the contract was made, and the discharge o' tained, CONSTITUTION OF THE UNITED STATES. 15 No state shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws : and the net produce of all duties and im- posts, 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 subject tc the revision and control of the 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. ARTICLE II. SECTION 1. 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,t a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the Congress : but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. "5, [}The electors shall meet in their respective states, and vote by ballot for two per- sons, of whom one at least shall not be an inhabitant of the same state with them- selves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list 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 hav- ing 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 choose 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 choose the president. But in choosing the president, the votes shall be taken by states, the representation from eacTTsfate 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 and where they continued to reside until the suit was brought. Farmers and Mechanics' Bank vs. Smith, 6 WTieaton, 131. The act of New York, passed on the 3d of April. 1811 (which not only liberates the per- son of the debtor, but discharges him from all liability for any debt contracted previous to brought upon such contract. Sturgess vs. Crouminshield, 4 H'heaton, 122, 197. Statutes Delimitation and usury laws, unless retroactive in their effect, do not impair the obligation of contracts, and are constitutional. Id., 206. A state bankrupt or insolvent law (which not only liberates the person of the debtor, but discharges him from all liability for the debt), so far as it attempts to discharge the con- tract, is repugnant to the constitution of the United States, and it makes no diliV difference in the debt was the application of this principle, whether the law was passed bffure or after contracted. McMillan vs. Me N rill, 4 Whiaton, 209. The charter granted by the British crown to the trustees of Dartmouth college, in New "!.,' .->. rr wuu* ** FTflcutwrj *JJO. An act of the state legislature of New Hampshire, altering the charter of Dartmouth col- Ifge in a material respect, without the consent of the corporation, is an act impairing the obligation of the charter, and is unconstitutional and void. /;/., "jjis. See laws United States, vol. ii., rhap. 109, sect. 12. t See laws United States, vol. ii., chap. 10'J. * Vide amendments, art. xii. 16 CONSTITUTION OF THE UNITED STATES. all the states shall be necessary to a choice. In every case, aAer 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 choose from them by ballot the vice-president.*] The Congress may determine the time of choosing the electors,! and the day on which they shall give their votes ; which day shall be the same throughout the United States.}: No person except a natural born citizen, or a 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, resig- nation, $ 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 accordingly, until the disability be removed, or a president shall be elected. || The president shall, at stated times, receive for his services, a compen- sation, which shall neither be increased 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 follow- ing 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 navy of the United States, and of the militia of the several states, when called into the actual service of the United States ;H he may require the opinion, in writing, of the principal officer in each of the executive depart- ments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for oflences 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 ap- pointments are not herein otherwise provided for, and which shall be es- This clause is annulled. See amendments, art. xii. t See laws United States, vol. ii., chap. 104, sect. 1. I See laws United States, vol. ii., chap. 109, sect. 2. 5 See laws United Stales, vol. ii., chap. 104, sect. 11. jj See laws United States, vol. ii., chap. 109, sect. 9 ; and vol. iii., chap. 403. VThe act of the state of Pennsylvania, of ihe 28th March, 1814 (providing, sect. 21, that the officers and privates of the militia of that state neglecting or refusing to serve when called into actual service, in pursuance of any order or requisition of the president of the United States, shall be liable to the penalties defined in the act of Congress of 28th Febru- ary, 1795, chap. 277, or to any penalty which may have been prescribed since the date of that act, or which may hereafter be prescribed by any law ot the United States, and also providing for the trial of such delinquents by a state court-martial, and that a list of the delinquents fined by such court should be furnished to the marshal of the United States, &c. ; and also to the comptroller of the treasury of the United States, in order that the fur- ther proceedings directed to be had there- on by the laws of the United States might be com- pleted), is not repugnant to the constitution and laws of the United States. Houaton vs Mwe. 5 Wheaton. 1. 12. CONSTITUTION OF THE UNITED STATES. 17 tablished by law : but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the president alone, in the courts of law, or in the heads of departments. The president shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall ex- pire 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 extra- ordinary 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 re- ceive ambassadors and other public ministers ; he shall take care that the laws be faithfully executed, and shall commission all the officers 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 con- viction of, treason, bribery, or other high crimes and misdemeanors. ARTICLE III. SECTION 1. 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 behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.f 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 consuls, 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 fact, with such exceptions, and under such regulations as the Congress shall make.!] Congress may constitutionally impose upon the judges of the supreme court of the Uni- ted States the burden of holding circuit courts. Stuart vs. Laird, I Crunch, 299. t See laws of the United States, vol. ii., chap. 20. j A citizen of the District of Columbia is not a citizen of a state within the meaning of the constitution of the United States. Hepburn et al vs. Ellzey, 2 Cranch, 445. The supreme court of the United States has not power to issue a mandamut to a secre- tary of state of the United States, it being an exercise of original jurisdiction not warranted by the constitution, notwithstanding the act of Congress. Marbury vs. Madison, 1 Cranch, 137. See a restriction of this provision. Amendments, art. xi. || The appellate jurisdiction of the supreme court of the United States extends to a final judgment or decree in any suit in the highest court of law. or equity of a state, where it drawn in question the validity of a treaty, &c. Martin vs. Hunter 's lessee, 1 Wheaton, 304. Such judgment, &c., may be re-examined by writ of error, in the same manner as if ren- dered in a circuit court. Id. If the cause has been once remanded before, and the state court decline or refuse to carry VOL. I. 2 18 CONSTITUTION OP THE UNITED STATES. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the state where the said crimes shall have been committed ; but when not committed within any state, the trial into effect the mandate of the supreme court thereon, this court will proceed to a final de- cision of the same, and award elocution thereon. Qiierr Whether this court has authority to i*sue a mandamus to the state court to en- force a former judgment ' Id., 362. If the validity or construction of a treaty of the United States is drawn in question, and the decision is against its validity, or the title specially set up by either party under the treaty, this court has jurisdiction to ascertain that title, and determine its legal validity, .111 i is not confined to the abstract construction of the treaty itself. Id., 362. Qtiere. Whether the courts of the United States have jurisdiction of offences at common law against the United States ? United States vs. Coolidgt, 1 Wheaton, 415. The courts of the United States have exclusive jurisdiction of all seizures made on land or water for a breach of the laws of the United States, and any intervention of a state au- thority, which by taking the thing seized out of the hands of the United States' officer, might obstruct the exercise of this jurisdiction, is illegal. Slocwn vs. Mayberry et al, 2 Wheaton, 1,9. In such a case the court of the United States have cognizance of the seizure, may enforce a redelivery of the thing by attachment or other summary process. Id., 9. The question under such a seizure, whether a forfeiture has been actually incurred, be- longs exclusively to the courts of the United States, and it depends upon the final decree of such courts, whether the seizure is to be deemed rightful or tortuous. Id., 9, 10. If the seizing officer refuse to institute proceedings to ascertain the forfeiture, the district court may, on application of the aggrieved party, compel the officer to proceed to adjudica- tion, or to abandon the seizure. / Supposing that the third article of the constitution of the United States which declares, that "the judicial power shaH extend to aH cases of admiralty and maritime jurisdiction' CONSTITUTION OF THE UNITED STATES. 19 shall be at such place or places as the Congress may by law have di- rected.* SECTION 3. Treason against the United States, shall consist only in vested in the United States exclusive jurisdiction of all such cases, and that a murder com- mitted in the waters of a state where the tide ebbs and flows, is a case of admiralty and maritime jurisdiction ; yet Congress have not, in the 8th section of the act of 1790, chap. 9, " for the punishment of certain crimes against the United States,'' so exercised this power, as to confer on the courts of the United States jurisdiction over such murder. United States vs. Bevans, 3 Wheaton, 336, 387. Quere. Whether courts of common law have concurrent jurisdiction with the admiralty over murder committed in bays, &c., which are enclosed parts of the sea ? Id., 387. The grant to the United States in the constitution of all cases of admiralty and maritime jurisdiction, does not extend to a cession of the waters in which those cases may arise, or of general jurisdiction over the same. Congress may pass all laws which are necessary for giving the most Complete effect to the exercise of the admiralty and maritime jurisdiction granted to the government of the Union ; but the general jnfisdiction over the place subject to this grant, adheres to the territory as a portion of territory not yet given away, and the residuary powers of legislation still remain in the state. Id.," 389. The supreme court of the United States has constitutionally appellate jurisdiction under the judiciary act of 1789, chap. 20, sect. 25, from the final judgment or decree of the highest court of law or equity of a state having jurisdiction of the subject matter of the suit, where is drawn in question the validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity : or where is drawn in question the validity of a statute of. or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of such their validity : or of the constitution, or of a treaty, or statute of, or com- mission held under the United States, and the decision is against the title, right, privilege, or exemption, specially set up or claimed by either party under such clause of the constitu- tion, treaty, statute, or commission. Cohens vs. Virginia, 6 Wheaton, 264, 375. It is no objection to the exercise of this appellate jurisdiction, that one of the parties is a state, and the other a citizen of that state. Id. The circuit courts of the Union have chancery jurisdiction in every state : they have the same chancery powers, and the same rules of decision in equity cases, in all the states. United States vs. Hou-land, 4 Wheaton, 108, 115. Resolutions of the legislature of Virginia of 1810, upon the proposition from Pennsylvania to amend the constitution, so as to provide an impartial tribunal to decide disputes be- tween the state and federal judiciaries. Note to Cohens \s>. Virginia. Notes 6 Wheaton, 358. Where a cause is brought to this court by writ of error, or appeal from the highest court of law, or equity of a state, under the 25th section of the judiciary act of 1789, chap. 20, upon the ground that the validity of a statute of the United States was drawn in question, and that the decision of the state court was against its validity. &c.. or that the validity of the statute of a state was drawn in question as repugnant to the constitution of the United States, and the decision was in favor of its validity, it must appear from the record, that the ict of Congress, or the constitutionality of the state law, was drawn in question. Miller vs. NichoU*, 4 Wheaton, 311, 315. But it is not required that the record should in terms state a misconstruction of the net jf Congress, or that it was drawn into question. It is sufficient to give this court jurisdic- tion of the cause, that the record should show that an act of Congress w ' a s applicable to the :ase. II., 315. The supreme court of the United States has no jurisdiction under the 25th section of the judiciary act of 1789, chap. 20, unless the judgment or decree of the state court be a final judgment or decree. A judgment reversing that of an inferior court, and awarding a venire facias de nova, is not a final judgment. Houston vs. Moore, 3 Wheaton, 433. By the compact of 1802, settling the boundary line between Virginia and Tennessee, and the laws made in pursuance thereof, it is declared that all claims and titles to land derived from Virginia, or North Carolina, or Tennessee, which have fallen into the respective states, shall remain as secure to the owners thereof, as if derived from the government within whose boundary they have fallen, and shall not be prejudiced or affected by the estnblishment of the line. Where the titles of both the plaintiff and defendant in ejectment were derived nnder grant from Virginia to lands which fell within the limits of Tennessee, it was held that a prior settlement right thereto, which would in equity give the party a title, could not be asserted as a sufficient title in an action of ejectment brought in the circuit court of Ten- nessee. Jtoblnson vs. Campbell, 3 Whtaton, 212. Although the state courts of Tennessee have decided that, under their statutes (declaring an rider grant founded on a junior entry to be void), a junior patent, founded on a prior en- try, shall prevail at Hit- against a senior patent founded on a junior entry, this doctrine has ntver been extended beyond cases within the express provision of the sf mute of Tennessee, and could not apply to titles di-riving all their validity from the laws of Virginia, and con- firmed by the compact between the two states. /iiiution. form the supreme law 01 the land McLtUlotli vs. Kiate of Maryland, 4 Wfaatun. 4(>:>. See laws of the fulled States, vol. ii., thnp I. 22 CONSTITUTION OF THK UNITED STATES. AMENDMENTS* TO THE CONSTITUTION OK THE UMTKD STATES, RATIFIED ACCORDING TO THF. PROVISIONS OF THE FIFTH ARTICLE OF THE FOREGOING CONSTI- TUTION. ARTICLE THE FIRST. Congress shall make no law respecting an estab- lishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press ; or the right of the people peacea- bly to assemble, and to petition the government lor a redress of grievances. ARTICLE THE SECOND. 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. ARTICLE THE THIRD. No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in a time of war, but in a manner to be prescribed by law. ARTICLE THE FOURTH. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon prob- able cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. ARTICLE THE FIFTH. 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 duo process of law ; nor shall private property be taken for public use, with- out just compensation. ARTICLE THE SIXTH. In all criminal prosecutions, the accused shall en- joy 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 fa- vor, and to have the assistance of counsel for his defence. ARTICLE THE SEVENTH. 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.f ARTICLE THE EIGHTH. Excessive bail shall not be required, nor exces- sive fines imposed, nor cruel and unusual punishments inflicted. * Congress, at its first session, begun and held in the city of New York, on Wednesday, the 4ih of March, 17S9, propos-ed to the legislatures of the several states twelve amend- ments to the constitution, ten of which, only, were adopted. t The act of assembly of Maryland, of 1793, chap. 30, incorporating the bank of Colum- bia, and giving to the corporation a summary process by execution in the nature of an at- tachment against its debtors who have, by an express consent in writing, made the bonds, bills, or notes, by them drawn or endorsed, negotiable at the bank, is not repugnant to the constitution of the United States or of Maryland. Bank of Columbia vs. Okay, 4 Wheat on. 236, 249. But the last provision in the act of incorporation, which gives this summary process to the bank, is no part of its corporate franchise and may be repealed or altered at pleasure by the legislative will. Jd., 245. CONSTITUTION OF THE TJMTED STATES. 23 ARTICLE THE NINTH. The enumeration in the constitutioo., of certain rights, shall not be construed to deny or disparage others retained by the people. ARTICLE THE TENTH. 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 THE ELEVENTH. t 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. ARTICLE THE TWELFTH 4 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 person 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 pres- ident, if such number be a majority of the whole number of electors ap- pointed ; and if no person have such majority, then 'from the persons hav- ing the highest numbers not exceeding three on the list of those voted for as president, the house of representatives shall choose immediately, 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 members from two The powers granted to Congress are not exclusive of similar powers existing in the states, unless where the constitution has expressly in terms given an exclusive power to Congress, or the exercise of a like power is prohibited to the states, or there is a direct re- pugnancy or incompatibility in the exercise of it by the states. Houston vs. Moore, 5 Whea- ton, 1, 12. The example of the first class is to be found in the exclusive legislation delegated to Con- gress over places purchased by the consent of the legislature of the state in which the same shall be for forts, arsenals, dockyards, &c. Of the second class, the prohibition of a state to coin money or emit bills of credit. Of the third class, the power to establish a uniform rule of naturalization, and the delegation of admiralty and maritime jurisdiction. /naliy be employed lo carry it into effect. / 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 pleni- potentiary here have breathed nothing of the friendly spirit of the nation which sent him. Their tendency, 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 commitment in the war, or flagrant insult to the authority of the laws, their effect has been coun- WASHINGTON'S PROCLAMATION. 51 teracted by 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 re- spected our mutual dispositions, and from a reliance on the firmness of my fellow-citizens in their principles of peace and order. In the mean- time, I have respected and pursued the stipulations of our treaties, accord- ing to what I judged their true sense, and have withheld no act of friend- ship which their affairs have called for from us, and which justice to oth- ers left us free to perform. I have gone further. 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 par- ties 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 apprize you of these transactions. The vexations and spoliations understood to have been committed on our vessels and commerce by the cruisers and officers of some of the bel- .igerent powers, appeared to require attention. The proofs of these, how- ever, not having been brought forward, the description 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 ef- fectual provisions against the future. Should such documents be fur- nished, 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 command- ers of their armed vessels, to restrain generally our commerce in corn and other provisions to their own ports and those of their friends, the instruc- tions now communicated were immediately forwarded to our minister at that court. In the meantime, some discussions on the subject took place between him and them. These are also laid before you, and I may ex- pect to learn the result of his special instructions in time to make it known to the legislature during their present session. Very early after ti e 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 subject of mutual interest between this country and Spain, ne- gotiations and conferences are now depending. The public good requiring 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 subsequent communication. PROCLAMATION. AUGUST 7, 1794. WHKREAS, combinations to defeat the execution of the laws laying du- ties 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, pro- 52 WASHINGTON'S PROCLAMATION. ceedmg in a mannci subversive equally of the just authority of govern- ment and of the rights of individuals, have hitherto effected their danger- ous and criminal purjx)se by the influence of certain irregular meetings whose proceedings have tended to encourage and uphold the spirit of op- position by misrepresentations of the laws calculated to render them odi- ous ; by endeavors to deter those who might be so disposed from accept- ing offices under them through fear of public resentments and of injury to person and property, and to compel those who had accepted such offices by actual violence to surrender or forbear the execution of them ; by circulating vindictive measures against all who should otherwise, directly or indirectly, aid in the execution of the said laws, or who, yielding to the dictates of conscience 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, humiliating punishments upon private citizens for no other cause than that of appearing to be the friends of the laws ; by interrupting the public offi- cers 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 these unwarrantable purposes the agency of armed banditti, disguised in such a manner as for the most part to escape discovery : and whereas, the en- deavors of the legislature to obviate objections to the said laws, by low- ering the duties and by other alterations conducive to the convenience of those whom they immediately affected (though they have given satisfac- tion in other quarters), and the endeavors of the executive officers to con- ciliate a compliance with the laws, by expostulation, by forbearance, and even by recommendations founded on the suggestion of local considera- tions, have been disappointed of their effect by the machinations of per- sons whose industry to excite resistance has increased with the appear- ance 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 1 am advised amount to treason, being overt acts of levying war against the United States ; the said persons having, on the sixteenth and seventeenth of July last, proceeded in arms (on the second day amounting to several hundred) to the house of John Neville, inspector of the reve- nues for the fourth survey of the districts of Pennsylvania having repeat- edly attacked the said house with the persons therein, wounding some of them having seized David Lennox, marshal of the district of Pennsylva- nia, who previously thereto had been fired upon while in the execution of his duty, by a party of men, detaining him for some time prisoner, till for the preservation of his life and obtaining of his liberty he found it neces sary to enter into stipulations to forbear the execution of certain official duties touching processes issuing out of the court of the United States and having finally obliged the said inspector of the revenue arid the mar- shal, from considerations of personal safety, to fly from this part of the country, in order, by a circuitous route, to proceed to the seat of govern- ment, 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 aid inspector of the revenues to renounce his office, to withstand by open violence the lawful authority of the government of the United States, and to compel thereby an alteration in the measures of the legislature, and a repeal of the laws aforesaid : and whereas, by a law of the United States, WASHINGTON'S PROCLAMATION. 53 entitled, " An act to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions," it is enacted,, " that whenever the laws of the United States shall be opposed, or the ex- ecution thereof obstructed, in any state by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the power vested in the marshals by that act, the same being notified by an associate justice or the district judges, it shall be lawful for the president of the United States to call forth the militia of said state to suppress such com- binations, and to cause the laws to be duly executed. And if the militia of a state where such combinations may happen, shall refuse or shall be insufficient to suppress the same, it, shall be lawful for the president, if the legislature of the United States shall not be in session, to call forth and employ such numbers of the militia of any other state or states most con- venient 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 commencement of the ensuing session ; Provided always, 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 previous thereto, by proclamation, command such insur- gents to disperse, and retire peaceably to their respective abodes within a limited time :" and whereas, James Wilson, an associate justice, on the fourth 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, the 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 pow- ers 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 sup- press the combination aforesaid, and to cause the laws to be duly execu- ted ; 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 very existence of gov- ernment and the fundamental principles of social order are materially in- volved in the issue, and that the patriotism and firmness of all good citi- zens are seriously called upon as occasion may require, to aid in the effectual suppression of so fatal a spirit : Wherefore, and in pursuance of the provision above recited, I, George Washington, president of the United Stales, do hereby command all per- sons, being insurgents as aforesaid, and all others whom it may concern, on or before the first day of September next, to disperse and return 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 officers, and rther citizens, according to their respective duties and the law 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. Done at the city of Philadelphia, the seventh day of August, one thousand seven hundred and ninety-fcftir, and of the independence of the United States of America the nineteenth. GEORGE WASHINGTON. 54 WASHINGTON'S PKOCLAMATION. PROCLAMATION. SEPTEMBER 25, 1794. WHEREAS, from a hope that the combination 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 im- mediately to embody them ; but the moment is now come when the over- tures 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 in- fluence and example to reclaim the wicked from their fury, and are com- pelled to associate in their own defence ; when the proffered lenity has been perversely misinterpreted into an apprehension that the citizens will inarch with reluctance ; when the opportunity of examining the serious consequences of a treasonable opposition has been employed in propaga- ting 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 violence would con- tinue to be exercised upon every attempt to enforce the laws ; when, there- fore, government is set at defiance, the contest being whether a small por- tion of the United States shall dictate to the whole Union, and, at the ex- pense 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 con- stitution " to take care that the laws be faithfully executed," deploring 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 sig- nally displays its goodness toward this country, to reduce the refractory to a due subordination to the laws, do hereby declare and make known, with a satisfaction which can be equalled only by the merits of the militia summoned into service from the states of New Jersey, Pennsylvania, Ma- ryland, and Virginia, that I have received intelligence of their patriotic alacrity in obeying the call of the present, though painful, yet commanding necessity ; that a force which, according to every reasonable expectation, is adequate to the exigency, is already in motion to the scene of disaffec- tion ; that those who shall 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 to indemnity, will be treated with the most liberal good faith, if they shall not have forfeited their claim by any subse- quent conduct, and that instructions are given accordingly. And I do moreover exhort all individuals, officers and bodies of men to contemplate with abhorrence the measures leading directly or indirectly to those crimes which produce this ivsnrt to military coercion ; to check, in their respective spheres, the efforts of misguided or designing men to sub- stitute their misrepresentation in the place of truth, and 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 per- WASHINGTON'S SIXTH ANNUAL ADDRESS. 55 feet freedom, after solemn deliberation, and in an enlightened age, to elect their own government, so will their gratitude for this inestimable blessing be best distinguished by firm exertion 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 officers and other citizens, 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, and signed the same with my hand. Done at the city of Philadelphia, the twenty-fifth day of Septem- ber, one thousand seven hundred and ninety-four, and of the independence of the United States of America the nineteenth. GEORGE WASHINGTON. SIXTH ANNUAL ADDRESS. NOVEMBER 19, 1794. Fellow- Citizens of the Senate and 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 one thousand seven hundred and ninety, it was expedient to exercise the legislative power, granted by the consti- tution of the United States, " to lay and collect excises." In a majority of the states, scarcely an objection was made 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 embittered by the artifice of men who labored for an ascendency over the will of others by the guidance of their pas- sions, produced symptoms of riot and violence. It is well known thai Congress did not hesitate to examine the complaints which were pre- sented, and to relieve them as far as justice dictated or general con- venience would permit. But the impression 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 very forbearance to press prosecution 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 ex- cise, a few counties were resolved to frustrate them. It was now per- 56 WASHINGTON'S SIXTH ANNUAL ADDRESS. ceived that every expectation from the tenderness which had been hitherto pursued was unavailing, and that further delay could only create an opinion of iinpotency or irresolution in the government. Legal process was therefore delivered to the marshal against the rioters and delinquent dis- tillers. No sooner was he understood to be engaged in this duty, than the ven- geance 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 Allegany mountains ; and a deputation was afterward sent to him to demand a surrender of that which he had served. A nu- merous body repeatedly attacked the house of the inspector, seized his papers of office, and finally destroyed by fire his buildings and whatsoever they contained. Both of these officers, 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 extort a re- peal 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 Allegany, in Pennsylvania, laws of the United States were opposed, and the execution thereof obstructed, by combinations too power- ful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshal of that district." On this call, moment- ous in the extreme, I sought and weighed what might best subdue the crisis. On the one hand, the judiciary was pronounced to be stripped of its capacity to enforce the laws ; crimes which reached the very existence of social order were perpetrated without control ; the friends of govern- ment 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 embarrassments of so distant an expedition, were steps too delicate, too closely interwoven with many affecting considerations, to be lightly adopted. I postponed, therefore, the summoning of the militia immediately into the field ; but I required them to be held in readiness, that if my anxious endeavors to reclaim the de- luded and to convince the malignant of their danger should be fruitless, military force might be prepared to act, before the season should be too far advanced. My proclamation of the 7th 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 must 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 government of the United States and that of Pennsylvania, upon no other condition than a satisfactory assurance of obedience to the laws. WASHINGTON'S SIXTH ANNUAL ADDRESS. 57 Although the report of the commissioners marks their firmness and abilities, and must unite all virtuous men, by showing 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, the indications of a peaceable temper were neither suf- ficiently general nor conclusive to recommend or warrant the farther sus- pension of the march of the militia. Thus the painful alternative could not be discarded. I ordered the militia to march, after once more admonishing the insurgents, in my pro- clamation on 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 my 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, I put into mo- tion fifteen thousand men, as being an army which, according to all human calculation, would be prompt and adequate in every view, and might, per- haps, 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 ser- vice 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 oppor- tunity of restoring the militia to their families and homes. But succeed- ing intelligence has tended to manifest the necessity of what has been done, it being now confessed by those who were not inclined to exag- gerate 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 pretence, 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 execution of the laws, or of others who may have exposed themselves by an honorable attachment to them. Thirty days from the commence- ment of this session being the legal limitation of the employment of the militia, Congress can not be too early occupied with this subject. 58 WASHINGTON'S SIXTH ANNUAL ADDRESS. 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 observation that not only the inspector of the revenue, but other officers of the United States in Pennsylvania, have, from their fidel- ity 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 under the ties of office, may have suffered damage by their generous exertions for up- holding the constitution and the laws. The amount, even if all the in- jured were included, would not be 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 defence, shall find a recompense in its liberality. While there is cause to lament that occurrences of this nature should have disgraced the name or interrupted the tranquillity of any part of our community, or should have diverted to a new application any portion of the public resources, there are not wanting real and substantial consola- tions for the misfortune. It has demonstrated that our prosperity rests on solid foundations, by furnishing an additional proof that my fellow- citizens understand the tnie 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 duty, they are now as ready to maintain the authority of the laws against licentious inva- sions, as they were to defend their rights against usurpation. It has been a spectacle displaying to the highest advantage the value of republican government, to behold the most and the least wealthy of our citizens standing in the same ranks as private soldiers, pre-eminently distinguish- ed by being the army of the constitution undeterred by a march of three hundred miles over rugged mountains, by the approach of an inclement season, or by any other discouragement. Nor ought I to omit to acknowl- edge the efficacious and patriotic co-operations 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, gut 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 who, from every clime, are daily seek- ing a dwelling in our land. And when, in the calm moments of reflection, they shall have traced the origin and progress of the insurrection, let them determine whether it has not been fomented by combinations of men, who, careless of consequences, and disregarding the unerring truth that those who rouse can not always appease a civil convulsion, have disseminated, from an ignorance or perversion of facts, suspicions, jealousies, and accu- sations of the whole 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 con- stitution 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 naturally draw your attention, it ought not to be forgotten that the mil it in laws have exhibited such striking defects as could not have been supplied but by the zeal of our citizens. Besides the extraordinary ex- WASHINGTON'S SIXTH ANNUAL ADDRESS 59 pense and waste, 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 source of legislative honor, and a perfect title to public gratitude. I therefore entertain a hope that the present session will not pass with- out carrying to its full energy the power of organizing, arming, and disci- plining the militia ; and thus providing, in the language of the constitu- tion, for calling them forth to execute the laws of the Union, suppress in- surrections, and repel invasions. As auxiliary to the state of our defence, 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 existence. 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 nave 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 discontent of the Six Nations, a settlement meditated at Presqu' 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 conduct- ing of the trading houses upon the principles then expressed. Gentlemen of the House 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 definitive 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 delay. Nothing can more promote the permanent welfare of the nation, and nothing would be more grateful to our constituents. Indeed, whatever is unfinished of our system of public credit, can not be benefited by procrastination ; and, as far as may be practicable, we ought to place that credit on grounds which can not be disturbed, and to prevent that pro- gressive accumulation of debt which must ultimately endanger all gov- ernments. An estimate of the necessary appropriations, including the expenditures into which we have been driven by the insurrection, will be submitted to Congress. Gentlemen of tfte Senate and House of Representatives : The mint of the United States has entered upon the coinage of the pre- cious metals, and considerable sums of defective coins and bullion have been lodged with the director by individuals. Tlu-rr i$ a pleasing pros- pect that the institution will, at no remote day, realize the expectation which was originally formed of its utility. 00 WASHINGTON'S SEVENTH ANNUAL ADDRESS. In subsequent communications, certain circumstances of our intercourse with foreign nations will he transmitted to Congress. However, it may not he unseasonable to announce that my policy in our foreign transac- tions has been to cultivate peace with all the world ; to observe the trea- ties with pure and absolute faith ; to check every deviation from the line of impartiality ; to explain what may have been misapprehended, and correct what mav'have been injurious to any nation ; and having thus acquired the ri"ht, 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 holy 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 per- petuate to our country that prosperity which his goodness has already conferred, and to verify the anticipations of this government being a safe- guard to human rights. SEVENTH ANNUAL ADDRESS. DECEMBER 8, 1795. Fellow- Citizens of the Senate and House of Representatives : I TRUST I do not deceive myself while 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 congratu- lation, 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 tve have been engaged with certain Indians northwest of the Ohio, is placed in the option of the United States by a treaty which the commander 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 worthy no less of the policy than of the liberality of the United States as the necessary basis of durable tranquillity. The object, it is believed, has been fully attained. The articles agreed upon will im- mediately 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 pre-existing treaties with us, and were giving 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 aid and 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 dan- ger, which will be productive of further expense, and may occasion more effusion of blood. Measures are pursuing to prevent or mitigate 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 WASHINGTON'S SEVENTH ANNUAL ADDRESS. 61 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 a treaty with the dey and regency of that country had been adjusted in such a manner as to authorize the ex- pectation of a speedy 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- ing upon unadjusted particulars, 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 apprized that a treaty of amity, commerce, and nav- igation, 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 deliberation, I have added my sanction. The result on the part of his Britannic majesty is un- known. When received, the subject will without delay be placed before Congress. This interesting summary of our affairs with regard to foreign powers, between whom and the United States controversies have subsisted, 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 con- roling and gratifying reflections. If, by prudence and moderation on every jide, the extinguishment of all the causes of external discord which have seretofore menaced our tranquillity, on terms compatible with our national ights and honor, shall be the happy result, how firm and how precious a oundation will have been laid for accelerating, maturing, and establishing, ihe 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 satisfac-, tion. While many of the nations of Europe, with their American depen- dencies, have been involved in a contest unusually bloody, exhausting, and calamitous, in which the evils of foreign war have been aggravated 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 al- loyed by the sense of heavy and accumulating burdens, 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 enjoy- ed general tranquillity a tranquillity the more satisfactory because main- tained at the expense of no duty. Faithful to ourselves, we have violated no obligation to others. Our agriculture, commerce, and manufactures, prosper beyond example, the molestations of our trade (to prevent a con- tinuance of which, however, very pointed remonstrances have been made) being overbalanced by the aggregate benefits which derives from a neutral position. Our population advances with a celerity which, exceeding the (W WASHINGTON'S SEVENTH ANNUAL ADDRESS. most sanguine calculations, proportionally augments our strength and re- sources, and guaranties our future security. Every part of the Union dis- plays indications of rapid and various improvement ; and with burdens so light as scarcely to be perceived, with resources fully adequate to our pres- eut 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 spectacle of national happiness never surpassed, if ever before equalled ? IMaced in a situation every way so auspicious, motives of commanding force impel us, with sincere acknowledgment to Heaven and pure love to our country, to unite our eflbrts to preserve, prolong, and improve, our im- mense advantages. To co-operate 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 welfare, that the part of our country which was lately the scene of disorder and insur- 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 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 1 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 pennit. 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 farther to change, the relative situation of our frontiers. In this re- view, you will doubtless allow due weight to the considerations that the questions between us and certain foreign powers are not yet finally ad- justed, that the war in Europe is not yet terminated, and that our western posts, when recovered, will demand provision for garrisoning and securing them. A statement of our present militia force will be laid before you by the department of war. With the review of our army establishment is naturally connected that of the militia. It will merit inquiry, what imperfections in 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 for- warding the object, while none better deserves the persevering attention of the public councils. While we indulge the satisfaction which the actual condition of our 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 protection of the Indians from the violence of the lawless part of our frontier in- habitants, are insufficient. It is demonstrated that these violences can now be perpetrated with impunity ; and it can need no argument to prove WASHINGTON'S SEVENTH ANNUAL ADDRESS. G3 that, unless 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 in- nocent women and children, who are chiefly the victims of retaliation, must continue to shock humanity, and to be an enormous expense to drain the treasury of the Union. To enforce upon the Indians the observance of justice, it is indispensa- ble 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 1 the more readily repeat, as in all the conferences with them they urge it with solicitude), I should not hesitate to entertain a strong hope of ren- dering our tranquillity permanent. I add, with pleasure, that the proba- bility 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 work, if practicable, will reflect undecaying lustre on our national character, and administer the most grateful consolations that virtuous minds can know. Gentlemen 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 coming year. Whether measures may not be advisable to reinforce 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 extinc- tion of our public debt accords as much with the true interests of our country as with the general sense of our constituents. Gentlemen of the Senate and of the House of Representatives : The statements which will be laid before you relative to the mint, will show 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. The progress in providing materials for the frigates, and in building them ; the state of the fortifications of our harbors ; the measures which have been pursued for obtaining proper sites for 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 In- dians, will likewise be presented for the information of Congress. Temperate discussion of the important subjects which may arise in the course of the session, and mutual forbearance where there is a difference of opinion, are too obvious and too necessary for the peace, happiness, and welfare of our country, to need any recommendation of mine 64 WASHINGTON'S EIGHTH ANNUAL ADDRESS. EIGHTH ANNUAL ADDRESS. DECEMBER 7, 1796. Fellow-Citizens of the Senate and of the House of Representatives : IN 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 arrangement, have been, as far as circumstances would admit, carried into operation. Measures calculated to ensure a continuance of the friendship of the Indians and to preserve peace along the extent of our interior frontier, have heen 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 parcel 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 pre-existing engagements with the United States, and to obtain their consent to the establishment of trading-houses and military posts within their boundary, by means of which their friend- ship 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 procrastinated 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, ar- rangements were cordially and promptly concluded for their evacuation ; and the United States took possession of the principal of them, compre- hending Oswego, Niagara, Detroit, Michilimackinac, and Fort Miami, where such repairs and additions have been ordered to be made as ap- peared 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, in Passamaquoddy bay, in the beginning of October, and directed surveys to be made of the rivers in dispute ; but deeming it impracticable to have these surveys completed before the next year, they adjourned to meet at Boston, in August, 1797, for the final decision of the question. Other commiss'ioners, appointed on the part of the United States, agreeably to the seventh article of the treaty with Great Britain relative to captures and condemnation of vessels and other property, met the com- WASHINGTON'S EIGHTH ANNUAL ADDRESS. 65 missioners of his Britannic majesty in London, in August last, when John TrumbulL, Esq., was chosen by lot for the fifth commissioner. In October following, the board were to proceed to business. As yet, there has been no communication of commissioners on the part of Great Britain to unite with those who had been appointed on the part of the United States for carrying into effect the sixth article of the treaty. The treaty with Spain required that the commissioners for running the boundary line between 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 months after the exchange of the ratifications, 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 appoint- ment for the adjustment of the claims of our citizens whose vessels 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 were 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 yet fully ascertained ; but those which have been communicated afford grounds to believe the measure will be beneficial. The agent destined to re'side in Great Britain declining 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 agent 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 pe- cuniary 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 Tripoli. To an active external commerce, the protection of a naval force is in- dispensable. This is manifest with regard to wars in which a state itself is a party. But besides this, it is in our own experience that the most sincere neutrality is not a sufficient guard against the depredations of na- tions 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 prevent even the necessity of going to war, by discouraging belligerent powers from committing such violations of the rights of the neutral party as may, first or last, leave no other option. From the best information I have been able to obtain, it would seem as if our trade to the Mediterra- nean, without a protecting force, will always be insecure, and our citizens exposed to the calamities from which numbers of them have but just beea relieved. These considerations invite the United States to look to the means, and VOL. I.-5 66 WASHINGTON'S EIGHTH ANNUAL ADDRESS. to set about the gradual creation of a navy. The increasing progress of their navigation promises them, at no distant period, the requisite supply 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 moderate naval force in their hands. Will it not then be advisable to begin without delay to provide and lay up the materials for the building 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 lind our commerce in the same unprotected state in which it was found by the present ? Congress have repeatedly, and not without success, directed their attention 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 the public account 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 es- tablishments for procuring them on public account, to the extent of the ordinary demand for the public service, recommended by strong considera- tions 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 this mode, cost more in 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 service in time of peace, will, in time of war, easily be extended in proportion to the exigiencies 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 which are already, or likely soon to be, established in the country, in order that there may be no danger of interference with pursuits of individual industry. It will not be doubted that, with reference either to individual or national welfare, agriculture is of primary importance. In proportion as nations advance in population and other circumstances of maturity, this truth be- comes more apparent, and renders the cultivation of the soil more and more an object of public patronage. Institutions for promoting it grow up, supported by the public purse ; and to what object can it be dedicated with greater propriety ? Among the means which have been employed to this end none have been attended with greater success than the estab- lishments of boards, composed of proper characters, charged with col- lecting and diffusing information, and enabled by premiums and small pecuniary 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 drawing to a common centre the results, everywhere, of individual skill and observation, and spreading them thence over the whole nation. Ex- perience accordingly hath shown that they are very cheap instruments of immense national benefit. I have therefore proposed to the consideration of Congress the expedi- ency of establishing a national university, and also a military academy WASHINGTON'S EIGHTH ANNUAL ADDRESS. 67 The- desirableness of both these institutions has so constantly increased with every new view I have taken on the subject, that I can not omit the opportunity of once for all recalling your attention to them. The assembly 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 seminaries of learning highly respectable and useful ; but the funds upon which they rest are too narrow to command the ablest professors in the different de- partments of liberal knowledge for the institution contemplated, though they would be excellent auxiliaries. Among the motives to such an institution, the assimilation of the prin- ciples, opinions, and manners of our countrymen, by the common educa- tion of a portion of our youth from every quarter, well deserves attention. The more homogenous our citizens can be made in these particulars, the greater will be our prospect of permanent union ; and a primary object of such a national institution should be the education of our youth in the science of government. In a republic, what species of knowledge can be equally important ? and what duty more pressing on its legislature than to patronise a plan for communicating it to those who are to be the future guardians of 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 ought never to be without an adequate stock of military knowledge for emergen- cies. The first would impair the energy of its character, and both would hazard its safety or expose it to greater evils when war could not be avoided besides, 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 practising the rules of the military art, ought to be its care in preserving and transmitting, by proper establishments, the knowledge of that art. Whatever argument may be drawn from particu- lar examples, superficially viewed, a thorough examination of the subject will evince that the art of war is at once comprehensive and complicated, that it demands much previous study, and that the possession of it in its most improved and perfect state is always of great moment to the security of a nation. This, therefore, ought to be a serious care of every govern- ment ; and for this purpose, an academy, where a regular course of in- struction is given, is an obvious expedient which different nations have successfully employed. The compensation to the officers of the United States, in various in- stances, and in none more than in respect to the most 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 greatly 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 prin- ciples of our government virtually to exclude from public trusts talents and virtue unless accompanied by 'wealth. VV bile, in our external relations, some serious inconveniences and em- barassments have been overcome and others lessoned, it is with much pain and deep rogret I mention that circumstances of a very unwelcome nature have lately occurred. Our trade has suffered and is suffering ex- 68 WASHINGTON'S EIGHTH ANNUAL ADDRESS. tensive injuries in the West Indies from the cruisers and agents of the French republic ; and communications have been received from its min- ister hero which indicate the danger of a farther disturbance of our com- merce by its authority, and which are, in other respects, far from agree- able. 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 fulfil 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 ensure success. In pursuing this course, however, I can not forget what is due to the character of our own government and nation, or to a full and entire confi- dence in the good sense, patriotism, self-respect, and fortitude of my countrymen. I reserve for a special message a more particular communication on this interesting subject. Gentlemen of the House of Representatives : I have directed an estimate of the appropriations necessary for the ser- vice of the ensuing year to be submitted from the proper department, with a view of the public receipts and expenditures to the latest period to which an account can be prepared. It is with satisfaction I am able to inform you that the, revenues of the United States continue in a state of progressive improvement. A reinforcement of the existing provisions for discharging our public debt was mentioned in my address at the opening of the last session. Some preliminary steps were taken toward it, the maturing of which will, no doubt, engage your zealous attention during the present session. 1 will only add, that it will afford me a heartfelt satisfaction to concur in such further measures as will ascertain to our country the prospect of a speedy extinguishment of the debt. Posterity may have cause to regret if from any motive intervals of tranquillity are left unimproved for accelerating this valuable end. Gentlemen of the Senate and of the House of Representatives : My solicitude to see the militia of the United States placed on an effi- cient establishment, has been so often and so ardently expressed that I shall but barely recall the subject to your view on the present occasion ; at the same time that I shall submit to your inquiry, whether our harbors are yet sufficiently secured. The situation in which I now stand, for the last time, in the midst of the representatives of the people of the United States, naturally recalls the period when the administration of the present form of government com- menced ; and I can not omit the occasion to congratulate you and my country on the success of the experiment, nor to repeat my fervent sup- plications to the Supreme Ruler of the universe and Sovereign Arbiter of nations that his providential care may still be extended to the United States, that the virtue and happiness of the people may be preserved, and that the government which they have instituted for the protection of their liberties may be perpetual. WASHINGTON'S FAREWELL ADDRESS. 69 FAREWELL ADDRESS. 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 actu- ally arrived when your thoughts must be employed in designating the per- son 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 apprize you of the resolution I have formed, to decline being considered among the number of those out of whom the 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 considera- tions appertaining to the relation which binds a dutiful citizen to his coun- try ; 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 respect for your past kindness, but am supported by a full conviction that the step is compatible 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 in- clination to the opinion of duty and to a deference for what appeared to 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 disre- gard, to return to that retirement from which I had been reluctantly 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 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 con- cerns, external as well* as internal, no longer renders the pursuit of incli- nation incompatible with the sentiment of duty or propriety ; and am per- suaded, whatever partiality may be retained for my services, that in the present circumstances of our country, you will not disapprove of my de- termination 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 organi- zation 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 admonishes mo more and more that the shade of retirement is as necessary to me as it will be welcome. Satisfied that, if any circumstances have given pecu- liar value to my services, they were temporary, I have the consolation to believe that, while choice and prudence invite me to quit the political scene, patriotism does not forbid it. In looking forward to the moment which is to terminate the career of my political life, my fcfilings do not permit me to suspend the deep ac- knowledgment of that debt of gratitude which I owe to my beloved coun- 70 WASHINGTON'S FAREWELL ADDRESS try for the many honors it has conferred upon me ; still more for the stead fast confidence with which it has supported me, and for the opportunities I have thence enjoyed of manifesting my inviolable attachment by sen-ices faithful and persevering, though in usefulness unequal to my zeal. If benefits have resulted to our country from these services, let it always be remembered to vour praise, and as an instructive example in our annals, that under circumstances in which the passions, agitated in every direc- tion, won- liable to mislead amid appearances sometimes dubious vicis- situdes of fortune often discouraging in situations in which not unfre- quently want of success has countenanced the spirit of criticism the constancy of your support was the essential prop of the efforts and a guar- anty of the plans by which they were effected. Profoundly penetrated with this idea, I shall carry it with me to my grave as a strong incitement to unceasing wishes that Heaven may continue to you the choicest tokens of its beneficence that your union and brotherly affection may be perpetual that the free constitution which is the work of your hands may be sa- credly maintained that its administration in every department may be stamped with wisdom and virtue that, in fine, the happiness of the peo- ple of these states, under the auspices of liberty, may be made complete by so careful a preservation and so prudent a use of this blessing as will acquire to them the glory of recommending it to the applause, the affec- tion, and adoption, of every nation which is yet a stranger to it. Here, perhaps, 1 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 you 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 indulgent recep- tion of my sentiments on a former and not dissimilar occasion. Interwoven as is the love of liberty with every ligament of our hearts, no recommendation of mine is necessary to fortify or confirm the attach- ment. 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 em- ployed, 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 union to your col- lective and individual happiness ; that you should cherish a cordial, habit- ual, and immovable attachment to it ; accustoming yourselves to think and to speak of it as a palladium of your political safety and prosperity ; watch- ing for its preservation with jealous anxiety ; discountenancing whatever may suggest even a suspicion that it can in any event be abandoned ; and indignantly frowning upon the first dawning of every attempt to alienate WASHINGTON'S FAREWELL ADDRESS. 71 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. Citi- zens by birth or choice of a common country, that country has a right to concentrate your affections. The name of AMERICAN, which belongs to you in your national capacity, must always exalt the just pride of patriot- ism 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 tri- umphed together. The independence and liberty you possess are the work of joint councils and joint efforts, of common dangers, sufferings, and success. But these considerations, however powerfully they address themselves to your sensibility, are greatly 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 south, 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 agricul- ture grow and its commerce expand. Turning partly into its own chan- nels the seamen of the north, it finds its particular navigation invigorated ; and while it contributes in different ways to nourish and increase the gen- eral mass of the national navigation, it looks forward to the protection of a maritime strength to which itself is unequally adapted. The cast, in like intercourse with the west, in the progressive improvement of interior com- munications 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 requisite to its growth and com- fort ; and what is perhaps of still greater consequence, it must of neces- sity owe the secure enjoyment of the indispensable outlets for its own productions to the weight, influence, and future maritime strength of the Atlantic side of the Union, directed by an indissoluble community of in- terest, as one 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 unnatural connexion with any foreign power, must be intrinsically precarious. While, then, every part of our country thus feels an immediate and par- ticular interest in union, all the parts combined can not fail to find in the united mass of means and efforts greater strength, greater resource, pro- portionably greater security from external danger, a less frequent interrup- tion of their peace by foreign nations, and, what is of inestimable value, they must derive from union an exemption from those broils and wars be- tween themselves which so frequently afflict neighboring countries not tied together by the same government, which their own rivalships alone would be sufficient to produce, but which opposite foreign alliances, at- tachments, and intrigues, would stimulate and embitter. Hence, likewise, they will avoid the necessity of those overgrown military establishments which, under any form of government, are inauspicious to liberty, and which are to be regarded as particularly hostile to republican liberty, lu this sense it is that your union ought to be considered as a main prop ol 72 WASHINGTON'S FAREWELL AD your liberty, and that the love of the one ought to endear to you the pres- ervation of the other. These consideration* speak a persuasive language to every 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 ? Let experience solve it. To lis- ten 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 of the experiment. It is well worth a fair and full experiment. With such powerful and obvious motives to union, affecting all parts of our country, while experience shall not have demonstrated its impracticability, there will always be reason to distrust the patriotism of those who in any quarter may endeavor to weaken its bands. 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 by geographical discriminations northern and southern, Atlantic and western ; whence designing men may endeavor to xcite a belief that there is a real difference of local interests and views. 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 heart-burn- ings which spring from these misrepresentations. They tend to render alien to each other those who ought to be bound together by fraternal af- fection. 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 un- friendly 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 preservation 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 eflicacy 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 in- fractions and interruptions which alliances in all times have experienced. Sensible of this momentous truth, you have improved upon your first essay by the adoption of a constitution of government better calculated than your former for an intimate union and for the efficacious management of your common concerns. This government, the offspring of your own choice, uninfluenced and unawed, adopted upon full investigation and ma- ture deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself provis- ion for its owri amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis of our political system is, the right of the people to WASHINGTON'S FAREWELL' ADDRESS. 73 make and to alter their constitutions of government. But the constitution whIclTaT~anyliine exists, until 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 establish government, presupposes the duty of every individual to obey the established government. All obstructions to the execution of the laws, all combinations and asso- ciations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberations and action of the con- stituted authorities, are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction ; to give it an artificial and extraordinary force ; to put in the place of the delegated will of the nation the will of party, often a small but artful and enterprising minority of the community ; and according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans, .digested by common councils, and modified by mutual interests. However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines by which cunning, ambitious, and unprin cipled men will be enabled to subvert the power of the people, and to usurp for themselves the reins of government, destroying afterward the very 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 discoun- tenance irregular opposition to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretext. 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 overthrown. 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 governments as of other human institutions ; that experience is the surest standard by which to test the real tendency of the existing constitutions of a country ; that fa- cility 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 from the efficient management of your common interests, in a country so extensive as ours, a government of as much vigor as is consistent with the perfect security of liberty is indis- pensable. Liberty itself will find in such a government, with powers 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 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 upon geographical discrimina- tions. 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 different shapes in all governments, more or less stilled, controlled, or repressed ; 74 WASHINGTON'S FAREWELL ADDRESS. but in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy. 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 de|K)tism. But this leads at length to a more formal and permanent des- potism. The disorders and miseries which result, gradually incline the minds of men to seek security and repose in the absolute power of an in- dividual ; and sooner or later, the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation on the ruins of the public liberty. Without looking forward to an extremity of this kind, which neverthe- less ought not to be entirely out of sight, the common and continual mis- chiefs 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 community with ill-founded jealousies and false alarms ; kindles the animosity of one part against another ; foments occasional riot and insurrection. It opens the door to foreign influence and corruption, which finds a facilitated access to the government itself through the channels of party passion. Thus the policy and 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 governments } , of a monarchical cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of popular character, in gov- ernments purely elective, it is a spirit not to be encouraged. From the 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 by 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 wanning, it should consume. 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 de- partments 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 predominate 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 distributing it into different depositories, and constituting each the guardian of the public weal against invasions of the other, 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 as to institute them. If, in the opin- ion of the people, the distribution or modification of the constitutional pow- ers be in any particular wrong, let it be corrected by an amendment in the way in which the constitution designates. But let there be no change by usurpation ; for though this in one instance may be the instrument of good, it is the customary weapon by which free governments are destroyed WASHINGTON'S FAREWELL ADDRESS. 75 The precedent must always greatly overbalance in permanent evil any partial or transient benefit which the use can at any time yield. Of all the dispositions and habits which lead to political prosperity, re- ligion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pil- lars of human happiness these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to re- spect and to cherish them. A volume could not trace all their connexion with private and public felicity. Let it be simply asked, where is the security for property, for reputation, for life, if the sense of religious obli- gation desert the oaths which are the instruments of investigation 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 principles. 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 *f primary importance, institutions for the general diffusion of knowledge. In proportion as the structure of a gov- ernment gives force to public opinion, it is essential that public opinion should be enlightened. As a very 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, also, that timely disbursements to prepare forjdangerjrecnjejijly prevent much greater disbursements to repel it ; avoiding likewise the accumulation of debt, not only by shunning occasions of expense, but by vigorous exer- tions in time of peace to discharge the debts which unavoidable wars have occasioned, not_ungenerously throwing upon posterity the Jjurden which we ourselves ought to bear. The execution of these maxims belongs to your representatives ; but it is necessary that public opinion should co- operate. To facilitate to them the performance of their duty, it is essen- tial you should practically bear in mind that toward the payment 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 inconvenient and unpleasant ; that the intrinsic embarrassment inseparable from the selec- tion 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 anytime 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 wouM richly re- pay any temporary advantages that might be lost by a steady adherence to it? Can it be that Providence has connected the permanent felicity of a nation with its virtue? The experiment, at least, is recommended by 76 WASHINGTON'S FAREWELL ADDRESS. every sentiment which ennobles human nature. Alas ! it is rendered im- possible by its vices. In the execution of such a plan, nothing is more essential than that per- manent, inveterate antipathies against particular nations, and passionate at- tachments for others, should be excluded ; and that in the place of them, just and amicable feelings toward all should be cultivate^!. The nation which indulges toward another an habitual hatred or an habitual fondness, is in some degree a slave. It is a slave to its animosity or to its affection, cither 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 trilling occasions of dispute occur. Hence, frequent collisions and obstinate, envenomed, and bloody con- test*. The nation, prompted by ill-will and resentment, sometimes impels to war the government contrary to the best calculations of policy. The government 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 the 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 qfie nation for another produces 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 the wars of the latter without ade- quate inducements or justification. It leads, also, to concessions to the favorite nation of privileges denied to others, which are apt doubly to injure the nation making the concessions, by unnecessarily parting with what ought to have been retained, and by exciting jealousy, ill-will, and a dis- position to retaliate, in the parties from whom equal privileges are with- held ; and it gives to ambitious, corrupt, or deluded citizens, who devote themselves to the favorite nation, facility to betray or sacrifice the interests of their own country without odium, sometimes even with popularity, gild- ing with the appearances of a virtuous sense of obligation to a commend- able deference for public opinion, or a laudable zeal for public good, the base or foolish compliances of ambition, corruption, or infatuation. As avenues to foreign influence in innumerable ways, such attachments are particularly alarming to the truly enlightened and independent patriot. How many opportunities do they afford to tamper with domestic factions, to practise the arts of seduction, to mislead public opinion, to influence or awe the public councils ! Such an attachment of a small or weak nation toward a great and powerful one, dooms the former to be the satellite of the latter. Against the insidious wiles of foreign influence, I conjure you to believe me, fellow-citizens, the jealousy of a free people ought to be constantly awake, since history arid experience prove that foreign influence is one of the most baneful foes of republican government. But that jeal- ousy, to be useful, must be impartial, else it becomes the instrument of the very influence to be avoided, instead of a defence against it. Excessive partiality for one foreign nation, and excessive dislike for another, cause those whom they actuate to see danger only on one side, and serve 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 become suspected and odious, while its tools and dupes usurp the applause and confidence of the people to surrender their interest*. WASHINGTON'S FAREWELL ADDRESS. '77 The great rule of conduct for us in regard to foreign nations is, in ex- tending our commercial relations, to have with them as little political con- nexion as possible. So far as we have already formed engagements, let them be 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 causes of which are essentially foreign to our concerns. Hence, therefore, it must 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 we may defy material injury from external annoyance ; when we may take such an attitude as will cause the neutral- ity we may at any time resolve upon to be scrupulously respected ; when belligerent 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 interests, guided by justice, shall counsel. Why forego the advantages of so peculiar a situation ? Why quit our own to stand on 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 por- tion 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 patronising infidelity to existing engagements. I hold the maxim no less applicable to public than to pri- vate 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 and a 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 exclusive favors or preferences ; consulting the natural course of things ; diffusing and diversifying by gentle means the stream 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, to enable the govern- ment to support them) conventional rules of intercourse, the best that present circumstances and natural opinion will permit, but temporary and liable to be from time to time abandoned or varied as experience and cir- cumstances 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 char- acter that by such acceptance it may place itself in the condition of hav- ing given equivalents for nominal favors, and yet of being reproached with ingratitude for not having given more. There can be no greater error than to expect or calculate upon real favors from nation to nation. It is an illu- sion which experience must cure, which a just pride ought to discard. In offering to you, my countrymen, these counsels of an old affectionate friend, I dare not hope they will make the strong and lasting impression I could wish that they will control the usual current of the passions, or 78 WASHINGTON'S FAREWELL ADDRESS. prevent our nation from running the course which has hitherto marked the destiny of nations. But if I may 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 pre- tended 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 duties I have been guided by the principles which have been delineated, the public records and the other evidences of my conduct must witness to you and to the world. To myself, the assurance of my own conscience is, that I have at least believed myself to be guided by them. In relation to the still subsisting war in Europe, my proclamation of the 22d of April, 1793, is the index to my plan. Sanctioned by your ap- proving voice, and by that of your representatives in both houses of Con- gress, the spirit of that measure has continually governed me, uninfluenced by any attempts to deter or divert me from it. After deliberate 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 take, a neutral position. Having taken it, I determined, as far as should de- pend upon me, to maintain it with moderation, perseverance, and firmness. The considerations which respect the right to hold this conduct, it is not necessary on this occasion to detail. I will only observe, that ac- cording to my understanding of the matter, that right, so far from being de- nied by any of the belligerent 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 re- ferred to your own reflections and experience. With me, a predominant motive has been to endeavor to gain time to our country to settle and mature its yet recent institutions, and to progress without interruption to that degree of strength and constancy which it is necessary to give it, humanly speaking, the command of its own fortune. 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 fervently 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 toits 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 fervent 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 an- ticipate with pleasing expectations 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 gov- ernment the ever favorite object of my heart, and the happy reward, as I trust, of our mutual cares, labors, and dangers. ADMINISTRATION OF WASHINGTON, THE unanimous choice of General Washington as president of die United States by the people of the United States, as expressed through the electoral colleges of the several states at the organization of the govern- ment under the constitution, after its adoption, was officially announced to *he president elect, at his seat at Mount Vernon, on the 14th of April, 1789. This commission was executed by Mr. Charles Thompson, secre- tary of the late continental Congress, who presented to him the certificate of the secretary of the senate, stating that he was unanimously elected ; the votes of the electors for president and vice-president having been counted by both houses of the first Congress under the constitution, then in session at the city of New York, on the 6th of April. The urgency of the public business requiring the immediate attendance of the president at the seat of government, he hastened his departure, and on the second day after receiving notice of his appointment, he took leave of Mount Vernon and his family, and set out for New York, in company with Mr. Thompson and Colonel Humphreys. On his way to that city he was everywhere greeted by the people of the different places through which he passed, with the most enthusiastic and decisive evidences of attachment and respect. Although the president hastened his journey, and wished to render it private, the public feelings were too strong to be suppressed. Crowds flocked around him wherever he stopped ; and corps of militia, with companies of the most respectable citizens escorted him through their respective states. In New Jersey, after a most interesting scene at Trenton, having been received by the governor of that state, who accompanied him to Eliza- bethtown point, he was met by a committee of Congress, who conducted him thence to New York. The president, committee, arid other gentle- men, embarked for the city, in an elegant barge of thirteen oars, manned by thirteen branch pilots prepared for the purpose by the citizens of New York. " The display of boats," says Washington, in his private journal, " which attended and joined on this occasion, some with vocal, and others with instrumental music on board, the decorations of the ships, the roar of can- SO WASHINGTON'S ADMINISTRATION non, and the loud acclamations of the people, which rent the sky as 1 passed along the wharves, filled my mind with sensations as painful (con- templating the reverse of this scene, which may be the case after all my labors to do pood) as they were pleasing." In this manner, on the 23d of April, the man possessed of a nation's love landed at the stairs on Murray's wharf, which had been prepared and ornamented for the purpose. There he was received by the governor of New York, and conducted, with military honors, through an immense con- course of people, to the apartments provided for him. These were attended by foreign ministers, by public bodies, by political characters, and by private citizens of distinction, who pressed around him to offer their congratula- tions, and to express the joy which glowed in their bosoms at seeing the man in whom all confided at the head of the American empire. This day of extravagant joy was succeeded by a splendid illumination.* The ceremonies of the inauguration having been adjusted by Con- gress, on the 30th of April, 1789, the president attended in the senate- chamber in order to take, in the presence of both houses, the oath pre- scribed by the constitution. The session of Congress was then held in the city-hall, then called Federal hall, situated in Wall street, opposite the head of Broad street To gratify the public curiosity, an open gallery adjoining the senate- chamber had been selected by Congress as the place in which the cere- mony should take place. The oath was administered by Chancellor Liv- ingston, of New York. Having taken it in the view of an immense con- course of people, who attested their joy by loud and repeated acclama- tions after the chancellor had pronounced, in a very feeling manner, " Long live George Washington, president of the United States," he returned to the senate-chamber and delivered his inaugural address. The inaugural address of the president was replied to, on the part of the senate, by their presiding officer, John Adams, who had been elected vice-president of the United States. This reply of the senate was full of confidence in the president, and the sentiments expressed breathed the purest patriotism, and were every way worthy of that dignified body. The same may be said of the reply of the house of representatives, deliv- ered through their speaker, Frederick A. Muhlenberg, of Pennsylvania. To both of these addresses the president rejoined in a few brief and ap- propriate remarks. Eleven only of the original thirteen states b.ad adopted the federal con- stitution, previous to the oiganization of the government by the election of president, vice-president, and members of Congress. North Carolina and Rhode Island had rejected the constitution ; but finally came into the Union, the former in November, 1789, the latter*in May, 1790. The Marshall's) Life of Washington. WASHINGTON'S ADMINISTRATION. 81 electors of president and vice-president were appointed in ten of the states on the first Wednesday of January, 1789. and met to give their votes in the several states, on the first Wednesday of February, and the constitu- tion went into operation on the first Wednesday of March, the same year It was not, however, until the 30th of April, that the government was fully organized, by the induction of the president into office. The legislature of New York having omitted to pass a law directing the mode of choosing electors, owing to a disagreement between the two branches of the legis- lature, New York did not participate in the first election of president. The whole number of electoral votes given by the ten states was 69, all of which General Washington received, and 34 were received by Mr. Adams, the remaining 35 having been scattered among various candidates. By the constitution, as it originally stood, the presidential electors voted for two persons ; the one receiving the highest number of votes was elect- ed president, and the next highest, or second choice of the electors, be- came vice-president. A majority of the whole number of electoral votes was required for the choice of president, but not for vice-president. Mr Adams, it will be observed, although he received the greatest number of votes next to Washington, was elected vice-president by a minority. The national government, though one of deliberate consent, encoun- tered, from its formation, a powerful opposition. The friends of the con- stitution, with Washington and Adams at their head, were denominated Federalists, while those who had opposed the adoption of the constitution were called Anti-Federalists. From various causes, some of those who had supported the constitution in the national and state conventions, and otherwise, joined the opposition to the administration of Washington, among whom may be mentioned Mr. Madison, of Virginia, Mr. Langdon, of New Hampshire, Doctor Williamson, of North Carolina, Mr. Baldwin, of Geor- gia, and others. In the first Congress, in 1789 and 1790, there was but a small majority in favor of the measures recommended by Washington, and Hamilton, the secretary of the treasury. The anti-federalists elected John Langdon, of New Hampshire, president pro tern, of the senate, and Frederick A. Muhlenberg, speaker of the house of representatives, but they were chosen in the early part of the session, when party lines were not strictly drawn. The first session of the first Congress, which was held at New York, occupied a period of nearly six months, the adjournment taking place on the 29th of September, 1789. They were employed principally in fra- ming laws necessary to the organization of the government. In this space of time the construction of the powers intended to be given was very ably discussed. The subjects of commerce and of finance received the early and prompt attention of Congress, as well as the organization of the dif- ferent departments, and of a federal judiciary system. Among the sub- jects strenuously debated was the president's power of appointment and VOL. I. 6 82 WASHINGTON'S ADMINISTRATION. removal of officers at die head of each executive department of the gov- ernment, and other officers under the president. The appointment was constitutionally subject to the assent of the senate. The removal, on which point the constitution was silent, was then settled to be in the power of the president alone. A system was adopted for raising a rev enue from duties on imports, and the principle was recognised of discrim- inating duties for the protection of American manufactures. The subject of a tonnage duty was also considered, and an act passed discriminating in favor of American vessels, owners, and navigators. Sixteen articles of amendment to the constitution were approved by Congress, in September, 1789, and recommended to the states for their adoption. Ten of these articles were approved by the requisite number of states, and thus became parts of the constitution. Two other articles, since adopted by the states, were proposed at subsequent sessions of Congress. Soon after the adjournment of Congress the president made a tour tftough the eastern states. Before he commenced his journey, he se- lected his cabinet, namely : in September, 1789, Thomas Jefferson was appointed secretary of state ; Alexander Hamilton, secretary of the treas- ury ; Henry Knox, secretary of war ; and Edmund Randolph, attorney- general. The office of secretary of the navy did not exist until the presidency of Mr. Adams. Mr. Jefferson returned from a mission to France in November, 1789, and assumed the duties of secretary of state m March, 1790. John Jay, of New York, was appointed chief justice of the supreme court.; and John Rutledge, of South Carolina, James Wilson, of Pennsyl- vania, William Gushing of Massachusetts, Robert H Harrison, of Mary- land, and John Blair, of Virginia, associate justices. At the second session of the first Congress, which was held at New York, commencing in January, 1790, some of the able reports of Hamilton, as secretary of the treasury, were presented, which established the course of national policy pursued by that and various succeeding administrations. The funding of the public debt incurred by the war of the revolution, the assumption of state debts by the general government, the providing of a system of revenue from duties on imports, and an internal excise, were among the measures proposed by Hamilton, and adopted by Congress. At this session an act was passed providing for the permanent seat of the national government at the District of Columbia, and for the removal of the temporary seat of government to Philadelphia. The third session of the same Congress was held at Philadelphia, from the first Monday of December, 1790, to March 3, 1791. To complete the financial system recommended by Hamilton, a national bank was incorporated. On this subject the cabinet and members of Congress were divided, but the act of incorporation was passed by considerable majori- ties, and approved by President Washington. A mint was also estab- WASHINGTON'S ADMINISTRATION. 83 lished for the purpose of national coinage, and at the same session the states of Vermont and Kentucky were admitted into the Union. The measures adopted by this Congress were of a highly beneficial character to the country, and had the effect to establish the national credit, and ad- vance the public prosperity. The second Congress met at Philadelphia, in October, 1791. There was a majority in each branch favorable to the administration. Among the measures of the session, an excise act, imposing a duty on domestic distilled spirits, similar to one passed in 1790, was adopted, and became very unpopular with the opposition to the administration. A law provi- ding for a uniform militia system was also passed, and measures taken for a defence of the western frontiers against the Indians, who, in November, 1791, defeated a body of United States troops, under General St. Clair, near the Ohio river. A bounty was granted by law at this session, on vessels employed in the fisheries, for the encouragement of that branch of business ; and an apportionment of representation in Congress was made in conformity to the census taken in 1790 the ratio fixed was 33,000 inhabitants for each representative. The violent opposition to the excise law by a portion of the people, particularly in the interior of Pennsylvania, where meetings were held, and the revenue officers threatened with personal injury, induced Con- gress, in May, 1792, to pass an act authorizing the president to call out the militia to assist in executing the laws, if he should deem proper. The president being reluctant to employ military force, issued a proclama- tion, exhorting the people to desist from all illegal acts and meetings ; but his council and warning did not produce the effect expected. The discon- tents continued until August, 1794, when this whiskey insurrection had assumed so serious a character in western Pennsylvania, that an army of volunteers and militia was formed, consisting of about 15,000 men, to suppress it. The insurgents did not venture to meet this force, and the rebellion ceased without conflict. No further opposition was then made to the excise law. The second session of the second Congress, from November, 1792, to March, 1793, presents but little of interest to the reader. Much of the time was occupied in discussing the domestic and foreign relations of the country, without the adoption of any particular measures of importance. Party spirit ran high, both in Congress and among the people. The cab- inet of Washington was divided, Hamilton and Knox advising federal meas- ures, while Jefferson and Randolph generally acted in opposition to their col- leagues, and in unison with the opposition in Congress, whom Mr. Jeffer- son denominated Republicans. The schism in his cabinet was a subject of extreme mortification to the president. Entertaining respect and es- teem for both Jefferson and Hamilton, he was unwilling u nart with either, and exerted all his influence to effect a reconciliation between them, but 84 WASHINGTON'S ADMINISTRATION. without success. The hostility of these distinguished men to each other sustained no diminution, and its consequences became every day more diffusive. The French revolution had an important influence on the politics of the United States, at this time. Mr. Jefl'erson and his republican friends sym- pathized with the French nation in their struggles for liberty and their contests with other nations, while Hamilton, and his friends of the federal party, with whom Washington coincided in this respect, considered it im portant to the interests of the United States to maintain friendly relations with Great Britain, which power was then at war with France, and they were unwilling to sacrifice either the peace or the interests of the nation to any sympathies they might have in favor of the revolutionists of France. In this state of public opinion, the presidential election of 1792 took place. General Washington had expressed a desire to decline a re-elec- tion, but finally yielded to the earnest wishes of his friends, to serve an- other term. Notwithstanding the high party feeling among the people. Washington again received the unanimous votes of the electoral colleges, 132 in number. Mr. Adams was re-elected vice-president, receiving 77 votes, and George Clinton 50, while 5 were given to other persons. Gov- ernor Clinton was the candidate of the republican party. General Washington appeared in the senate-chamber at Philadelphia on the fourth of March, 1793, to take the oath of office on his re-election to the presidency. The oath was administered by Judge Gushing, of the supreme court, in the presence of John Langdon, president pro tern. of the senate, and many members of Congress. On this occasion, the president made the following remarks : " 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 dis- tinguished honor, and of the confidence which has been reposed in me by the people of the United States. Previous to the execution of any official act of the president, the constitution 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 vio- lated, willingly or knowingly, the injunctions thereof, I may, besides in- curring constitutional punishment, be subjected to the upbraidings of all who are now witnesses of the present solemn ceremony." In April, 1793, Citizen Genet arrived in this country as minister from the French republic. He sought to involve the United States in a war with Great Britain, and issued commissions to vessels-of-war, to sail from American ports and cruise against -the enemies of France. It appears to have been expected in France that the United States would engage on its side from treaty stipulations, or inclination against England. The presi- dent and his cabinet were unanimously o f opinion that this country was WASHINGTON'S ADMINISTRATION. 85 not bound to take part in a war begun by France ; and on the 1 8th of April the celebrated proclamation of neutrality, by the president, was is- sued, which has been the guide of the nation ever since, in affairs with foreign nations. Mr. Genet, after this, threatened to appeal to the people, but finally, after many controversies with him, the president demanded his recall by the French government. Soon after this his commission was withdrawn, and Mr. Fauchet was appointed his successor. Mr. Genet, however, spent the remainder of his life in the United States, and married a daughter of Governor George Clinton, of New York. Mr. Genet was said to have introduced into the United States the idea of " democratic societies," which were first formed in this country about this time, in imitation of the Jacobin clubs in Paris. After the fall of Robes- pierre these clubs, or secret societies, fell into disrepute, both in France and America. When the third Congress assembled at Philadelphia, in December, 1793, the opposition to the administration succeeded in electing the speaker of the house of representatives, which body was afterward nearly equally divided on great political questions. In the senate, the vice-pres- ident, Mr. Adams, repeatedly settled important questions by his casting vote. On the 16th of December, the secretary of state, Mr. Jefferson, in compliance with a resolution of the house of representatives of February 23, 1791, made to Congress his celebrated report on the commercial rela- tions of the United States with foreign nations. This is one of the ablest documents that has ever emanated from Mr. Jefferson. He made an ad- ditional report on the 30th of December, communicating certain docu- ments of foreign governments, which was his last official act as secretary of state. Agreeably to a notice which he gave the president, some months previous, he resigned his office and seat in the cabinet, December 31 1793, and retired to his residence in Virginia. The president appointed Edmund Randolph to succeed Mr. Jefferson as secretary of state, and William Bradford, of Pennsylvania, to succeed Mr. Randolph as attorney-general. On the 4th of January, 1794, Mr. Madison introduced in the house a series of resolutions on commercial affairs, in conformity with the report of Mr Jefferson. They gave rise to a long and acrimonious debate, but were finally postponed. A resolution, however, to cut off' all intercourse with Great Britain, passed the house by a small majority, but was defeated in the senate by the casting vote of the vice-president. The important subjects suggested in the president's message, and in official reports, were under consideration in the two branches of Congress, from the beginning of January to the 16th of April. The excitement was high among a large portion of the people, in favor of France. They insisted that the friends of France should declare themselves by wearing the national cockade 86 WASHINGTON'S AD.MIMS PIIATION. They insisted, also, on war with England. In Congress, the war of words disclosed a state of feeling which the decorum of the place hardly re- strained from full expression. The conduct of the British government at this time added to the diffi- culties of the administration. The western forts on Lake Erie and its vicinity were still occupied by the British, contrary to the treaty of 1783. American vessels were seized on their way to French ports, and American seamen were impressed. The president, after many remonstrances with the British government, was sensible that a crisis w,as approaching which would involve the United States in a war with England, unless the ca- lamity could be averted by negotiation. Washington, therefore, concluded to send a special envoy to England, and in April, 1794, selected John Jay, then chief justice of the supreme court, for that purpose. Mr. Jay ar- rived in England in June, 1794, and in November following a treaty with Great Britain was signed. It arrived in the United States on the 7th of March, 1795, and was ratified by the senate on the 24th of June, by pre- cisely the constitutional majority (two thirds), after much opposition, and an investigation continued from the 9th of the same month. As this treaty was considered favorable to Great Britain, although it was the best that Mr. Jay could obtain, the publication of it in this country tended to heighten the asperity of political parties, and to increase the feelings of hostility toward England which were entertained by the opposition to the administration. The clamor against the treaty, however, gradually sub- sided, and addresses from all quarters poured in upon the president, prin- cipally from his political friends, congratulating him upon the fortunate issue of the mission. In consequence of a decision of the supreme court, in a suit instituted by a citizen of South Carolina against the state of Georgia, and the action ol the state of Massachusetts, on a suit being commenced against that state, an amendment was proposed, and carried at the first session of the third Congress, which was afterward ratified by three fourths of the several states, declaring that, " the judicial power of the United States should not be construed to extend to any suit in law or equity, commenced or pros- ecuted against one of the United States, by citizens of another state, or by citizens or subjects of any foreign state." This forms the llth article of the amendments to the constitution. During the summer of 1794, a successful campaign was carried on against the Indians, by the American troops under General Wayne, who defeated a large body of Indian warriors in a battle, in August of that year, on the banks of the Maumee, in Ohio. General Wayne soon after- ward negotiated a treaty with all the tribes of the northwest ; and, in con- formity to Mr. Jay's treaty, the surrender of the western posts which had been so long retained by the British, gave assurance of continued peace on the frontier. WASHINGTON'S ADMINISTRATION. 87 In 1794, the French government requested the recall of Gouverneur Morris, the minister from the United States to France, which request Washington complied with, and appointed James Monroe his successor. Mr/ Morris had expressed his disapprobation of the revolutionary proceed- ings in France. In September, ] 796, the president recalled Mr. Monroe, and appointed Charles Cotesworth Pinckney to succeed him; At the close of the year 1794, General Knox resigned his place as secretary of war, and retired to Boston. His successor was Timothy Pickering, who was appointed on the 2d of January, 1795 ; he was, pre- vious to that time, postmaster-general. Mr. Hamilton resigned, as secretary of the treasury, on the 31st of Janu- ary, 1795, and was succeeded on the 2d of February, by Oliver Wolcott, of Connecticut. In consequence of the death of Mr. Bradford, attorney-gen- eral, in August, 1795, the president appointed Charles Lee, of Virginia, his successor, December 10, 1795. At the same time, Timothy Picker- ing was appointed secretary of state, in place of Edmund Randolph, who had resigned the preceding August. James M'Henry was appointed sec- retary of war, January 27, 1796. When the third Congress assembled, at their second session, in No- vember, 1 794, it appeared that, while the party in favor of the administra- tion had been strengthened in the senate by recent events, in the house of representatives the opposition still continued to be the most powerful. In replying to the president's speech, the address of the house omitted to notice those parts which censured self-created societies, by which term the demo- cratic clubs were supposed to be intended ; also the victory of Gen. Wayne and the policy observed by the executive in its intercourse with foreign nations. An attempt to censure the " self-created societies," failed by the casting vote of the speaker. A bill, however, was passed, authorizing the president to station military force in the western counties of Pennsylva- nia, and an appropriation, exceeding one million of dollars, was made to defray the expenses of the insurrection. The report of the secretary of the treasury, on the national finances, was the last official act of Colonel Hamilton ; he soon after retired from office, as already stated. His report embraced the digest of a plan on the basis of the actual revenues for the further support of the public credit. In conformity with this plan, a bill was carried, notwithstanding a strenuous opposition, through both houses, establishing a sinking fund, composed of the surplus revenue, the bank dividends, arid the proceeds of the public lands, for the redemption of the national debt. On the third of March, 1795, the constitutional term of the third Congress expired, and this im- portant session was ended. The senate was convened by the president, on the 8th of June follow- ing, for the purpose of considering Mr. Jay's treaty with Great Britain, which was ratified by that body, as already stated, on the 24th of th* 88 WASHINGTON'S ADMINISTRATION. same month. The president arrived in Philadelphia, from Mount Venion. on the llth of August, and on the next day the question of the immediate ratification of the treaty was brought before the cabinet. The resolution was adopted to ratify the treaty immediately, the secretary of state,' Mr. Randolph, only, dissenting ; and this opinion of the cabinet was confirmed by the president. " If the ratification of the treaty," says Judge Marshall, "increased the number of its open advocates, by stimulating the friends of the adminis- tration to exert themselves in its defence, it seemed also to give in- creased acrimony to the opposition. Previous to the mission of Mr. Jay, charges against the chief magistrate, though frequently insinuated, had seldom been directly made. That mission visibly affected the decorum which had been usually observed toward him, and the ratification of the treaty brought into view sensations which had long been ill concealed. The calumnies with which he was assailed were not confined to his pub- lic conduct; even his qualities as a man were the subjects of detraction. That he had violated the constitution in negotiating a treaty without the previous advice of the senate, and that he had drawn from the treasury for his private use more than the salary annexed to his ollice, were unblushingly asserted. " Though the secretary of the treasury denied that the appropriations made by the legislature had ever been exceeded, the atrocious charge was still confidently repeated. With the real public the confidence felt in the integrity of the chief magistrate remained unshaken. " When possessed of the entire fact, the public viewed with just indig- nation this attempt to defame a character which was the nation's pride. Americans felt themselves affected by this atrocious calumny on their most illustrious citizen, and its propagators were frowned into silence." Many of those embarrassments in which the government, from its in- stitution, had been involved, were now ended, or approaching their termi- nation. The opposition to the laws, which had so long been made in western Pennsylvania, existed no longer. Peace had been made with the Indian tribes at the west and the south. After the failure of several attempts to obtain a peace with the regency of Algiers, Colonel Humphreys, the min- ister of the United States to Portugal, to whom full powers were granted, appointed Mr. Donaldson to transact this business ; and a treaty with Al- giers was negotiated on terms which, though disadvantageous, were the best that could be obtained. The difficulties with Spain, which had been of long continuance, were adjusted by a treaty concluded by Mr. Pinck- ney, the United States minister, with his catholic majesty, in October, 1795, in which the claims of the United States on the important points of boundary and the navigation of the Mississippi were fully conceded. The fourth Congress commenced their first session in December, 1795 WASHINGTON'S ADMINISTRATION. 89 While the majority in the senate in favor of the administration had in- creased, the result of the last elections had again placed a majority in the house of representatives in opposition. This was manifest from the an- swers returned by the respective houses to the president's speech. That of the senate, adopted fourteen to eight, expressed an entire approbation of the conduct of the executive. The answer reported by a committee of the house, contained expressions of undiminished confidence in the president. But a motion was made to strike out this part ; and in the de- bate on this motion, some of the members did not hesitate to say, that their confidence in the chief magistrate had diminished ; and it was evident that a majority were in favor of the motion. The answer was. therefore, recommitted, and so varied as to meet the unanimous assent of the house.* Although in the minority on many questions, the friends of the admin- istration succeeded in electing Jonathan Dayton, a distinguished federalist of New Jersey, speaker of the house of representatives. Mr. Monroe, the United States minister to the French republic, having presented to that government the American colors, which were placed with those of France, in the hall of the national convention, in Paris, Mr. Adet, who was appointed minister to the United States to succeed Mr. Fauchet, was directed to present to the United States government the flag of the French republic. He arrived in the United States in June, 1795, but did not present the flag in a formal manner until the first of January, 1796, when he delivered it to the president, together with a letter to Con- gress from the committee of public safety in France. The speech of Mr. Adet on this occasion drew from Washington the memorable reply, com- mencing as follows : " Born, sir, in a land of liberty ; having early learned its value ; having engaged in a perilous conflict to defend it ; having, in a word, devoted the best years of my life to secure its permanent establish- ment in my country ; my anxious recollections, my sympathetic feelings, and my best wishes, are irresistibly attracted, whensoever, in any country, I see an oppressed nation unfurl the banners of freedom. "f The address of Mr. Adet, and the answer of the president, were trans- mitted to Congress, with the letter from the committee of safety, by the president, on the 4th of January. The colors of France he directed to be deposited among the archives of the United States. Both houses of Congress adopted resolutions expressive of their good will and friend- ship for the French republic. In February, 1796, the treaty with Great Britain was returned, in the form advised by the senate, ratified by his Britannic majesty. The presi- dent, in pursuance of his duty, issued his proclamation on the last of Feb- ruary, on the subject, and requiring from all per.sons its observance and Pitkin's History of United States ,f See .Marshall's Life of Washington. 9C WASHINGTON'S ADMINISTRATION execution. For the information of Congress, a copy of this proclamation was transmitted to each house on the first of March. The republican or democratic party in the house of representatives, who had denied the right of the president to negotiate a treaty of commerce, expressed their dissatisfaction at his course in issuing this proclamation before the sense of the house had been declared on the obligation of the instrument. On the second of March, therefore, Mr. Livingston, of New York, laid upon the table a resolution requesting of the president a copy of the instructions to Mr. Jay, together with the correspondence and other documents relative to the treaty with Great Britain negotiated by him. This motion was vehemently debated, and, after some days, carried, by a majority of 57 to 35. The president answered, with his accustomed coolness and dignity, stating his reasons why the house of representa- tives, which has no part in the treaty-making power, can not be constitu- tionally entitled to the papers called for ; and concluded with saying : " A just regard to the constitution and to the duty of my office, under all the circumstances of this case, forbid a compliance with your request." This refusal of the president was received with an indignation which the majority were at no pains to conceal. The same spirit was widely disseminated through the country ; but public opinion had undergone an important change. Popular meetings were held on the subject, and, though many of the provisions of the treaty were thought to be objectionable, it was believed that a majority, composed of the most intelligent citizens, were in favor of carrying the treaty into effect, in good faith. The popu- lar sentiment was felt in the house of representatives. The debate in that body was very able and interesting. Among the most celebrated speeches made on the occasion, was that of Fisher Ames, in support of the treaty. Many other distinguished members took part in the debate, such as Roger Griswold, R. G. Harper, Theodore Sedgwick, and William Smith, on the side of the administration ; and Edward Livingston, James Madison, Albert Gallatin, and William B. Giles, in opposition. The final question in the house, in favor of laws for carrying the treaty into effect, was carried by a majority of three only, 51 to 48. The fourth Congress, after continuing their first session until the 1st of June, 1796, adjourned to the first Monday of December following. Be- sides the measures referred to, many other important acts were adopted , among others, agencies were established among the Indian tribes ; provis- ion was made for the sale of the public lands ; and an act was passed for the protection and relief of American seamen. The state of Tennessee was admitted into the Union on the last day of the session. In the spring of 1796, Rufus King was appointed minister to Great Britain, in the place of Thomas Pinckney, who, at his own request was permitted to return home. During a residence of several years in Lon- don, Mr. King maintained the rights of the country with great ability and WASHINGTON'S ADMINISTRATION. 91 firmness and sustained a high character among the diplomatic corps at the British court.* The relations of the United States with France continued a subject of anxiety. The treaty negotiated with England by Mr. Jay, and the presi- dent's proclamation of neutrality, were regarded with much disfavor by the French government, and they issued several decrees by which Ameri- can vessels were confiscated, in violation of the treaty of commerce. The president being dissatisfied with the course of Mr. Monroe, the American minister to France, in not urging the rights of his countrymen with suffi- cient vigor, he was recalled, as already stated, and Charles Cotesworth Pinckney appointed in his place. Mr. Monroe was very popular in France, and on taking his leave of the government, mutual addresses were delivered. The address of the president of the directory, expressing his; regret at parting with Mr. Monroe, was calculated to flatter the people of the United States, while it severely censured their government. Mr Pinckney was permitted to reside at Paris until about the first of Febru ary, 1797, when the French directory gave him written orders to quit tht> territories of the republic, and he retired to Holland. The third election of president engaged the national attention after the adjournment of Congress. General Washington was earnestly solicited to be a candidate for re-election, but positively declined. In September, 1796, he announced his intention to the people in his memorable " Fare- well Address.' 1 ''] In this document he made a last effort to impress upon his countrymen those great political truths which had been the guides of his own administration, and could alone, in his opinion, form a sure and solid basis for the happiness, the independence, and the liberty of the United States. The sentiments of veneration with which this address was generally received, were manifested in almost every part of the Union. Some of the state legislatures directed it to be inserted at large in their jour- nals ; and nearly all of them passed 'resolutions expressing their respect for the president, their high sense of his exalted services, and the emo- tions with which they contemplated his retirement from office. | When this address appeared, announcing the resolution of Washington to retire, the determination of his fellow-citizens had been unequivocally manifested in favor of his continuance in office, and it was believed to be apparent, that his election would again be unanimous, if he had consented to serve for a third term. The two groat parties in the United States were now at once arrnyed against each other on the question of the presidential election. By the federalists, Mr. John Adams and Mr. Thomas Pinckney, tlio late minister to Great Britain, were supported as president and vice-president ; while the whole force of the opposite party was exerted in fnvor of Mr. Jefi'erson Pitkin. f See page 69. % Marshal]. 92 WASHINGTON'S ADMINISTRATION. On the subject of vice-president, the republicans, or democrats, were not urn ted. The result of the election was as follows : John Adams, 71 ; Thomas Jefferson, C>8 ; Thomas Pinckney, 59 ; Aaron Burr, 30 ; Samuel Adams, 15; Oliver Ellsworth, 11 ; George Clinton, 7; John Jay, 5; James Ire- dell, 3 ; George Washington, 2 ; J. Henry, 2 ; S. Johnson, 2 ; Charles C. Pinckney, 1. Total number of electoral votes, 138 each elector voting for two persons*. .Mr. Adams was therefore elected president, and Mr. Jefferson vice-president, for four years from the fourth of March, 1797. In November, while the election was pending, and parties were so nearly balanced that neither scale could be perceived to preponderate, the French minister to this country, Mr. Adet, addressed a letter to the secre- tary of state, which he also caused to be immediately published in the newspapers, reproaching the federal administration with violating those treaties with France which had secured the independence of the United States, with ingratitude to France, and with partiality to England. Mr. Adel also announced the orders of his government to suspend his minis- terial functions with that of the United States. This suspension of his functions, however, was not to be regarded " as a rupture between France and the United States, but a.s a mark of just discontent, which was to last until the government of the United States returned to sentiments and to measures more conformable to the interests of the alliance, and to the sworn friendship between the two nations." Whatever motives might have impelled Mr. Adct to make this open arid direct appeal to the American people, in the critical moment of their elec- tion of a chief magistrate, it does not appear in any material degree to have influenced that election. On the 7th of December, 1796, Washington met Congress for the last time. His address was comprehensive, temperate, and dignified. It presented a full and clear view of the situation of the United States, and recommended certain great national measures in the utility of which he felt a confidence ; concluding with his congratulations on the success of the experiment of the form of government under the constitution, and his prayers for its perpetuity. The answers of both houses to this speech, notwithstanding the conflict of parties, were adopted nearly unanimously. Both expressed their grateful sense of the eminent services he had rendered his country, their extreme regret at his retiring from office, and their ardent wishes for his future personal happiness. Perfect unanimity, however, did not pre- vail in the house of representatives. Mr. Giles, of Virginia, said : ; ' If he stood alone in the opinion, he would declare that he was not convinced that the administration of the government for these six years, had been wise and firm. He did not regret the president's retiring from office. He hoped he would retire, and enjoy the happiness that awaited his retire- ment. He believed it would more conduce to that happiness that he WASHINGTON'S ADMINISTRATION. 93 should retire, than if he should remain in office." In this opinion of Mr. Giles, only eleven concurred, and with him voted against the answer.* On the 19th of January, 1797, the president, agreeably to the intimation in his speech at the opening of the session, communicated to Congress the state of the relations of the country with the French republic. It con- tained not only an able review, but an ample refutation of the various charges made by France, as well as a complete justification of the con- duct of President Washington toward that nation. This exposition, how- ever, created no change in the conduct of France, and produced little effect on the parties in America.! On the 4th of March, 1797, the administration of President Washington closed a period to which he had looked forward with inexpressible pleasure. After witnessing the inauguration of his successor, he with- drew from Philadelphia to Mount Vernon, to spend the remainder of his days in retirement. During his administration, all the disputes between the United States and foreign nations had been adjusted, with the exception of those of France ; at home, public and private credit was restored ample provis- ion made for the security and ultimate payment of the public debt com- merce had experienced unexampled prosperity American tonnage had nearly doubled the products of agriculture had found a ready market the exports had increased from nineteen millions to more than fifty-six millions of dollars the imports in about the same proportion and the amount of revenues from imports had exceeded the most sanguine calcu- lations. The prosperity of the country had been, indeed, without exam pie, notwithstanding great losses from belligerent depredations. J At this day, the conduct and character of Washington are spoken ol with respect and veneration by most men. We have seen several sorts of administration of public affairs since his time ; it is not too soon to consider calmly and dispassionately, the worth of that conducted by him To the high responsibility of giving motion and effect to the new sys tem, among discordant elements, it was the lot of Washington to be called. Was it right or wrong to provide for the payment of the public debt, justly called " the price of liberty ?" Who can answer in the negative ? Not to have done what was done, would have been injustice, for which there could have been no palliation. Was Washington's administration right or wrong toward France and England, during their vindictive and exterminating war ? Surely, the true policy of this country was strict neutrality. To preserve this, the most forbearing and conciliatory measures were adopted toward each ; minis- ters were sent, and instructions given, to show that the United States were, and meant to be, neutral. To the last hour of his administration, Pitkin. f Ibid. ; Ibid. 94 WASHINGTON'S ADMINISTRATION. Washington persisted in his neutrality, and was able to countervail the popular clamor in favor of France. In the discretionary exercise of executive power, the Washington ad- ministration was wise and talented. In filling offices, the president pre- ferred, when he could, the revolutionary chiefs, of whose integrity and ability he had ample proofs. No one will say that such men did not de- serve the honors and emoluments of office, which their own perilous efforts helped to establish. He displaced no man for the expression of his opin- ion, even in the feverish excitement of French delusion. With regard to all other foreign governments ; the judiciary ; the na- tional hank; the Indian tribes ; the mint; in his deportment to his own ministers ; his communications to Congress ; his construction of the con- stitution ; his sacred regard for it ; his devotion to the whole Union ; his magnanimity and forbearance ; his personal dignity ; in all these, and in relation to all other subjects, how great and honorable was his example !* Sullivan. BIOGRAPHICAL SKETCH JOHN ADAMS JOHN ADAMS, the second president of the United States, vvas born on the 19th of October (old style), 1735, in that part of the town of Braintree, in Mas- sachusetts (near Boston) which has since been incorporated by the name of Quincy. He was the fourth in descent from Henry Adams, who fled from persecution in Devonshire, England, and settled in Massachusetts, about the year 1630. Another of the ancestors of Mr. Adams was John Alden, one of the pilgrim founders of the Plymouth colony in 1620. Re- ceiving his early education in his native town, John Adams, in 1751, was admitted a member of Harvard college, at Cambridge, Avhere he graduated in regular course, four years afterward. On leaving college he went to Worcester, for the purpose of studying law, and at the same time to sup- port himself, according to the usage at that time in New England, by teaching in the grammar-school of that town. He studied law with James Putnam, a barrister of eminence, by whom he was afterward introduced to the ac- quaintance of Jeremy Gridley, then attorney-general of the province, who proposed him to the court for admission to the bar of Suffolk county, in 1758, and gave him access to his library, which was then one of the best in America. Mr. Adams commenced the practice of his profession in his native town, and, by travelling the circuits with the court, became well known in that part of the country. In 1766, by the advice of Mr. Gridley, he removed to Boston, where he soon distinguished himself at the bar, by his superior talents as counsel and advocate. At an earlier period of his life, his thoughts had begun to turn on general politics, and the prospects of his country engaged his attention. Soon after leaving college, he wrote a letter to a friend, dated at Worcester, the 12th of October, 1755, which evinces so remarkable a foresight that it is fortunate it has been preserved. We make the following extracts : " Soon after the reforma- tion, a few people came over into this new world, for conscience' sake 96 BIOGRAPHICAL SKETCH OF JOHN ADAMS. Perhaps this apparently trivial incident may transfer the great seat of em- pire into America. It looks likely to me, if we can remove the turbulent Gallics, our people, according to the exactest computation, will, in an- other century, become more numerous than England herself. The only way to keep us from setting up for ourselves, is to disunite us. Divide et imprra. Keep us in distinct colonies, and then some great men in each colony, desiring the monarchy of the whole, will destroy each others influence, and keep the country in equilibrio. Be not surprised that I am turned politician ; the whole town is immersed in politics. I sit and hear, rind, after being led through a maze of sage observations, I some- times retire and, by laying things together, form some reflections pleasing to myself. The produce of one of these reveries you have read above." Mr. Webster observes : " It is remarkable that the author of this prognos- tication should live to see fulfilled to the letter what could have seemed to others, at the time, but the extravagance of youthful fancy. His earliest political feelings were thus strongly American, and from this ardent at- tachment to his native soil he never departed." In 1764, he married Abigail Smith, daughter of Rev. William Smith, of Weymouth, and grand-daughter of Colonel Quincy, a lady of uncommon endowments and excellent education. He had previously imbibed a prejudice against the prevailing religious opinions of New England, and became attached to speculations hostile to those opinions. Nor were his views afterward changed. In his religious sentiments he accorded with Doctor Bancroft, a Unitarian minister of Worcester, of whose printed ser- mons he expressed his high approbation. In 1765, Mr. Adams published an essay on canon and feudal law, the object of which was to show the conspiracy between church and state for the purpose of oppressing the people. In 1770, he was chosen a representative, from the town of Boston, in the legislature of Massachusetts. The same year he was one of the counsel who defended Captain Preston, and the British soldiers who fired at his order, upon the inhabitants of Boston. Captain Preston was acquitted, and Mr. Adams lost no favor with his fellow-citizens by engaging in this trial. As a member of the legislature, he opposed the royal governor, Hutchinson, in his measures, and also wrote against the British govern- ment in the newspapers. In 1774, he was elected a member of the Mas- sachusetts council, and negatived by Governor Gage. In this and the next year, he wrote on the whig side the numbers called " Nov Anglus," in reply to essays, signed " Massachusitensis," in favor of the British gov- ernment, by Sewall, the attorney-general. The same year he was ap- pointed a member of the continental congress, from Massachusetts, and in that body, which met at Philadelphia, he became one of the most efficient and able advocates of liberty. In the Congress which met in May, 1775, he again took his seat, having been reappointed as a delegate. In 1775 BIOGRAPHICAL SKETCH OF JOHN ADAMS. 97 he seconded the nomination of Washington as commander-in-chief of the army, and in July, 1776, he was the adviser and great supporter of the declaration of independence. It was reported by a committee composed of Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and Robert R. Livingston. During the same year, he, with Doctor Frank- lin and Edward Rutledge, was deputed to treat with Lord Howe for the pacification of the colonies. He declined, at this time, the offer of the office of chief justice of the supreme court of Massachusetts. In December, 1777, Mr. Adams was appointed a -commissioner to the court of France, in place of Silas Deane, who was recalled. He em- barked in the frigate Boston, in February, 1778. On his arrival in France he found a treaty of amity and commerce, also a treaty of alliance, had been already signed, and, after Doctor Franklin received from Congress the appointment of minister plenipotentiary, Mr. Adams returned to the United States, in the summer of 1779. Immediately after his return he was chosen a member of the Massachu setts convention for framing the new state constitution. He accepted a seat in that body, and his plan for a constitution being reported by a com mittee of which he was a member, was in most of its important features, adopted, by the convention. During the time when he was attending to the business of the Massa chusetts convention, Congress resolved to appoint a minister plenipoten tiary for negotiating a treaty of peace with Great Britain. On the 29th of September, 1779, Mr. Adams received this appointment, and sailed in the French frigate La Sensible, in November. He landed at Ferrol, in Spain, and arrived in Paris in February, 1780. In August he repaired to Am- sterdam, having previously been instructed to procure loans in Holland, and soon afterward receiving power to negotiate a treaty of amity and commerce. In 1782 he effected a loan for eight millions of guilders, also negotiated a very favorable treaty with Holland, which nation recognised the United States as free, sovereign, and independent. In 1781 Mr. Adams was associated by Congress with Franklin, Jay, Laurens, and Jefferson, in a commission for concluding treaties of peace with the several European powers ; and in 1 783 he was associated with Franklin and Jay for the purpose of negotiating a commercial treaty with Great Britain. The definitive treaty of peace with Great Britain was signed on the 3d of September, 1783, by Messrs. Adams, Franklin, and Jay ; the provisional treaty had been signed by the same commissioners, with Mr. Laurens, on the 30th of November, 1782. During part of the year 1784, Mr. Adams remained in Holland, and returned to France, where he joined his associates appointed by Congress to negotiate commercial treaties with foreign nations. An extensive plan of operations for commercial conventions was formed, but not carried out. In January, 1785, Congress appointed Mr. Adams minister to represen* VOL. I. 7 98 BIOGRAPHICAL SKETCH OF JOHN ADAMS. the United States at the court of Great Britain, an office at that time deemed peculiarly delicate nnd interesting. Although his reception by the king was favorable and courteous, Mr. Adams found the British min- istry cold and unfriendly toward the United States, and he was, therefore, unable to negotiate a commercial treaty with that nation. In other re- spects, however, he rendered valuable services to his country, and, be- sides assisting in forming treaties with Prussia and Morocco, he wrote, while in Europe, an elaborate and eloquent defence of the forms of gov- ernment established in the United States, in reply to strictures advanced by Mr. Turgot, the Abbe de Mably, Dr. Price, and other European writers. Immediately after the publication of this work, Mr. Adams asked permis- sion to resign and return, and in June, 1788, he arrived in his native land, after an absence of between eight and nine years. The services of Mr. Adams in the cause of his country, at home and abroad, during the period to which we have referred, it is believed, were not excelled by those of any other of the patriots of the revolution. In the language of one of his eulogists (Mr. J. E. Sprague, of Massachusetts): ' Not a hundred men in the country could have been acquainted with any part of the labors of Mr. Adams-* they appeared anonymously, or under assumed titles ; they were concealed in the secret conclaves of Congress, or the more secret cabinets of princes. Such services are never known to the public ; or, if known, only in history, when the actors of the day have passed from the stage, and the motives for longer concealment cease to exist. As we ascend the mount of history, and rise above the vapors of party prejudice, we shall all acknowledge that we owe our independ- ence more to John Adams than to any other created being, and that he was the GREAT LEADER of the American Revolution." When permission was given him to return from Europe, the continental Congress adopted the following resolution : " Resolved, that Congress en- -ertain a high sense of the services which Mr. Adams has rendered to the United States, in the execution of the various important trusts which they have from time to time committed to him ; and that the thanks of Congress be presented to him for the patriotism, perseverance, integrity, and diligence, with which he has ably and faithfully served his country." Such was the testimonial of his country, expressed through the national councils, at the termination of his revolutionary and diplomatic career. During the absence of Mr. Adams in Europe, the constitution of the United States had been formed and adopted. He highly approved of its provisions, and on his return, when it was about to go into operation, he was selected by the friends of the constitution to be placed on the ticket with Washington as a candidate for one of the two highest offices in the gift of the people. He was consequently elected rice-president, and on the assembling of the senate, he took his seat as president of that body, at New York, in April, 1789. Having been re-elected to that office in 1792. BIOGRAPHICAL SKETCH OF JOHN ADAMS 99 he held it, and presided in the senate, with great dignity, during the en- tire period of Washington's administration, whose confidence he enjoyed, and by whom he was consulted on important questions. In his valedic- tory address to the senate, he remarks : " It is a recollection of which nothing can ever deprive me, and it will be a source of comfort to me through the remainder of my life, that on the one hand, I have for eight years held the second situation under our constitution, in perfect and unin- terrupted harmony with the first, without envy in the one, or jealousy in the other, so, on the other hand, I have never had the smallest misunder- standing with any member of the senate." In 1790, Mr. Adams wrote his celebrated "Discourses on Davila ;" they were anonymously published, at first, in the Gazette of the United States, of Philadelphia, in a series of numbers ; they may be considered as a sequel to his " Defence of the American Constitutions." He was a decided friend and patron of literature and the arts, and while in Europe, having obtained much information on the subject of public institutions, he contributed largely to the advancement of establishments in his native state, for the encouragement of arts, sciences, and letters. On the retirement of General Washington from the presidency of the United States, Mr. Adams was elected his successor, after a close and spirited contest with two rivals for that high office ; Mr. Jefferson being supported by the democratic or republican party, while a portion of the federal party preferred Mr. Thomas Pinckney, of South Carolina, who was placed on the ticket with Mr. Adams. The result, as we have sta- ted, in our notice of Washington's administration, was the election of Mr. Adams as president, and Mr. Jefferson as vice-president, and in March 1797, they entered upon their duties in those offices. On meeting the senate, as their presiding officer, Mr. Jefferson re- marked, that the duties of the chief magistracy had been "justly con- fided to the eminent character who preceded him, whose talents and integ- rity," he added, "have been known and revered by me through a long term of years ; have been the foundation of a cordial and uninterrupted friendship between us ; and I devoutly pray that he may be long preserved for the government, the happiness, and prosperity of our country." The senate adopted an address taking leave of Mr. Adams, after he had presi- ded over them for eight years', with the strongest expressions of respect und attachment. The administration of Mr. Adams we shall have occasion to notice in another place. He came to the presidency in a stormy time* In the lan- guage of Colonel Knapp, " the French revolution had jusl reached its highest point of settled delirium, after some of the paroxysms of its fury had passed away. The people of the United States took sides, some ap- proving, others deprecating, the course pursued by France. Mr. Adams wished to preserve a neutrality, but found this quite impossible. A navy 100 BIOGRAPHICAL SKETCH OF JOHN ADAMS. was raised, with surprising promptitude, to prevent insolence, and to chas- tise aggression. It had the desired effect, and France was taught that the Americans were friends in peace, but were not fearful of war when it could not be averted. When the historian shall come to this page of our history, he will do justice to the sagacity, to the spirit, and to the integ- rity of Mr. Adams, and will find that he had more reasons, and good ones, for his conduct, than his friends or enemies ever gave him." In his course of public policy, when war with France was expected, he was encouraged by addresses from all quarters, and by the approving voice of Washington. He, however, gave dissatisfaction to many of his own political party, in his final attempts to conciliate France, and in his removal of two members of his cabinet, toward the close of his adminis- tration. Under these circumstances, notwithstanding Mr. Adams was the candidate of the federal party for re-election as president, and received their faithful support, it is not strange that his opponents, with the advan- tage in their favor of the superior popularity of Mr. Jefferson, succeeded in defeating him. For this event, the correspondence of Mr. Adams shows that he was prepared, and he left the arduous duties of chief mag- istrate probably with less of disappointment than his enemies had ex- pected. Immediately after Mr. Jefferson had succeeded to the presidency, in 1801, Mr. Adams retired to his estate at Quincy, in Massachusetts, and passed the remainder of his days in literary and scientific leisure, though occasionally addressing various communications to the public. He gave his support generally to the administration of Mr. Jefferson, and the friendship between these distinguished men was revived by a corre- spondence, and continued for several years previous to their death. When the disputes with Great Britain eventuated in war, Mr. Adams avowed his approbation of that measure, and in 1815 he saw the second treaty of peace concluded with that nation, by a commission of which his son was at the head, as he had been himself in that commission which formed the treaty of 1783. In 1816, the republican party in Massachusetts, which had once ve- hemently opposed him as president of the United States, paid him the compliment of placing his name at the head of their list of presidential electors. In 1820, he was chosen a member of the state convention to revise the constitution of Massachusetts, which body unanimously soli- cited him to act as their president. This he declined, on account of his age, but he was complimented by a vote of the convention acknowledging his great services, for a period of more than half a century, in the cause of his country and of mankind. In 1818, he had lost, by her death, his amiable and faithful consort, who had for so many years shared his anxieties and fortunes. His only daughter, Mrs Smith, died in 1813. These ladies were distinguished BIOGRAPHICAL SKETCH OF JOHN ADAMS. 101 through life as among the most excellent and talented of American fe- males. The heroic spirit of Mrs. Adams is shown in a striking light in a letter from her to a friend in London, dated in 1777 ; we give the fol- lowing extract : " Heaven is our witness, that we do not rejoice in the effusion of blood ; but having forced us to draw the sword, we are deter- mined never to sheathe it slaves of Britain. Our cause is, I trust, the cause of truth and justice, and will finally prevail, though the combined force of earth ar.d hell shall rise against them. To this cause I have sac- rificed much of my own personal happiness, by giving up to the councils of America one of my nearest connexions, and living for more than three years in a state of widowhood." The last years of the long life of Mr. Adams were peaceful and tran- quil. His mansion was always the abode of elegant hospitality, and he was occasionally enlivened by visits from his distinguished son, who, in 1825, he had the singular felicity of seeing elevated to the office of pres- ident of the United States. At length, having lived to a good old age, he expired, surrounded by his affectionate relatives, on the fourth of July, 1826, the fiftieth anniversary of that independence which he had done so much to achieve. A short time before his death, being asked to suggest a toast for the customary celebration, he replied, " I will give you Inde- pendence for ever." It is known that Mr. Jefferson died on the same day a most remarkable dispensation of Providence. A similar coinci- dence occurred five years afterward, in the death of President Monroe, July 4, 1831. Mr. Adams was of middle stature, and full person, and when elected president, he was bald on the top of his head. His countenance beamed with intelligence, and moral as well as physical courage. His walk was firm and dignified, to a late period of his life. His manner was slow and deliberate, unless he was excited, and when this happened, he expressed himself with great energy. He was ever a man of purest morals, and is said to have been a firm believer in Christianity, not from habit and ex- ample, but from diligent investigation of its proofs. To use the words of a political friend of his (Mr. Sullivan) : " He had an uncompromising regard for his own opinion ; and seemed to have sup- posed that his opinions could not be corrected by those of other men, nor bettered by any comparison. It is not improbable that Mr. Adams was impatient in finding how much the more easily understood services of military men were appreciated, than were the secluded, though no less important ones, of diplomatic agency and cabinet council. So made up, from natural propensities, and from the circumstances of his life, Mr. Adams came to the presidency at- the time when more forbearance and discretion were required than he is supposed to have had. He seems to have been deficient in the rare excellence of attempting to see him- self as others saw him ; and he ventured to act as though everybody 102 BIOGRAPHICAL SKETCH OK JOHN ADAMS. saw as he saw himself. He considered only what was right in his own view ; and that was to be carried by main force, whatever were the obstacles." But whatever may be the judgment of posterity as to his merits as a ruler, there can be no question on the subject of his general character nor of his penetrating mind his patriotism, and his devotion to what he considered the true interests of his country. ADAMS'S ADDRESSES AND MESSAGES. INAUGURAL ADDRESS. MARCH 4, 1797. WHEN it was first perceived, in early times, that no middle course for America remained between unlimited submission to a foreign legislature and a total independence of its claims, men of reflection were less appre- hensive of danger from the formidable power of fleets and armies thej must determine to resist, than from those contests and dissensions which would certainly arise concerning the forms of government to be instituted over the whole and over parts of this extensive country. Relying, how- ever, on the purity of their intentions, the justice of their cause, and the integrity and intelligence of the people, under an overruling Providence which had so signally protected this country from the first, the representa- tives of this nation, then consisting of little more than half its present number, 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 bound them, and launched into an ocean of uncertainty. The zeal and ardor of the people during the revolutionary war, supply- ing the place of government, commanded a degree of order sufficient at least for the temporary preservation of society. The confederation which was early felt to be necessary was prepared from the models of the Bata- vian arid Helvetic confederacies the only examples which remain with any detail and precision in history, and certainly the only ones which the people at large had ever considered. But reflecting on the striking difler- ence, 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 disobedience to its authority, not only in individuals but in states, soon ap- peared with their melancholy consequences universal languor, jealousies, and rivalries of states, decline of navigation and commerce, discourage- ment of necessary manufactures, universal fall in the value of lands and their produce, contempt of public and private faith, loss of consideration and credit with foreign nations, and at length in discontents, animosities, combinations, partial conventions, uud insurrection, threatening some greit national calamity. 104 ADAMS'S INAUGURAL ADDRESS. In this dangerous crisis, the people of America were not abandoned by iheir usual good sense, presence of mind, resolution, or integrity. Meas- ures were pursued to concert a plan to form a more perfect union, establish justice, insure domestic tranquillity, provide for the common defence, pro- mote the general welfare, and secure the blessings of liberty. The 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 pub- lic debate, heated by no party animosity, I read it with great satisfaction, as a result of good heads, prompted by good hearts, as an experiment better adapted to the genius, character, situation, and relations of this nation and country than any which had ever been proposed or suggested. In its gen- eral principles and great outlines, it was conformable 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 rejec- tion 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 alter- ation in it, but such as the people themselves, in the course of their ex- perience, should see and feel to be necessary, or expedient, and by their representatives in Congress and the state legislature, according to the con- stitution itself, adopt and ordain. Returning to the bosom of my 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 obliga- tions to support the constitution. The operation of it has equalled the most sanguine expectations of its friends, and from an habitual attention 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 deserve our esteem and love ? There maybe little solidity 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 very certain, that to a benevolent human mind there can be no spectacle presented by 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 government in which the executive authority, as well as that of all other branches of the legislature, are exercised by citizens selected at regular periods by their neighbors to make and execute the laws for the general good. Can any thing essential, any more than mere ornament and decoration, be added to this by robes and diamonds ? Can authority be more amiable and respect- able when it descends from accidents, or institutions established in remote antiquity, than when it springs fresh from the hearts and judgments of an honest and enlightened people ? For it is the people only that are repre- sented. It is their power and majesty that is reflected, and only their good is sought in every legitimate government, under whatever form it may ADAMS'S INAUGURAL ADDRESS. 105 appear. The existence of such a government as ours for any length of time is a full proof of a general dissemination of knowledge and virtue throughout the whole body of the people. And what object or considera- tion more pleasing than this can be presented to the human mind ? If na- tional pride is ever justifiable or excusable, it is when it springs, not from power or riches, grandeur or glory, but from conviction of national inno- cence, information, and benevolence. In the midst of these pleasing ideas, we should be unfaithful to our- selves if we should ever lose sight of the danger to our liberties, if any- thing partial or extraneous should infect the purity of our free, fair, virtu- ous, and independent elections. If an election is to be determined by a majority of a single vote, and that can be procured by a party through ar- tifice 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 suf- frage 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 people, but of foreign nations. It may be foreign nations who govern us, and not we, the people, who govern our- selves. And candid men will acknowledge that in such cases choice would have little advantage to boast of over lot or chance. Such is the amiable and interesting system of government, and such are some 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, jus- tice, 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 prosperity, 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 choice, 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 in- creasing, and that splendid prospect of the future fortunes of this country which is opening from year to year His name may still be a rampart, and the knowledge that he lives, a bulwark against all open or secret en- emies of his country's peace. His example has been recommended to the imitation of his successors by both houses of Congress, and by the voice of the legislatures and the people throughout the nation. On this subject it might become me better 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 respectful at- tention to the constitutions of the individual states, and a constant caution and delicacy toward the state governments ; if an equal and important re- gard to the rights, interest, honor, and happiness, of all the states in the Union, without preference or regard to a northern or southern, an eastern or western position, their various political opinions on essential points, or 106 ADAMS'S INAUGURAL ADDRESS. 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 patronise every rational effort to encourage schools, colleges, universities, acade- mies, 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 constitution from its natu- al enemies, the spirit of sophistry, the spirit of party, the spirit of in- trigue, the profligacy of corruption, and the pestilence 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, commerce, and manufactures, for ne- cessity, convenience, and defence ; 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 citi- zens to be more friendly to them ; if an inflexible determination to main- tain peace and inviolable faith with all nations, and that system of neu- trality 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 legislature of the states and the public opinion, until it shall be otherwise ordained by 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 pretence 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 con- sider what further measures the honor and interest of the government and its constituents demand ; if a resolution to do justice as far as may de- pend upon me, at all times and to all nations, and maintain peace, friend- ship, and benevolence, with all the world ; if an unshaken confidence in the honor, spirit, and resources of the American people, on which I have so often hazarded my all, and never been deceived ; if elevated ideas of the high destinies of this country and of my own duties toward it, founded on a knowledge of the moral principles and intellectual improvements of the people, deeply engraven on my mind in early life, and not obscured but exalted by experience and age, and, with humble reverence, I feel it to be my duty to add, if a veneration for the religion of a people who profess and call themselves Christians, and a fixed resolution to consider a decent respect for Christianity among the best recommendations for the public service, can enable me in any degree to comply with your wishes, it shall be my strenuous endeavor that this sagacious injunction of the two houses shall not be without effect. With this great example before me, with, the sense and spirit, the faith mid honor, the duty and interest, of the same American people pledged support the constitution of the United States, I entertain no doubt of I continuance in all its energy, and my mind is prepared, without hesi- ||0u, to lay myself under the most solemn obligations to support it to the utmost of my power. ADAMS S ADDRESS SPECIAL SESSION. 10"i 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 government, and give it all possible success and duration consistent with the ends of his provi- dence. SPECIAL S E S S I N. M E S S A GE. MAY 16, 1797. Gentlemen of the Senate and House of Representatives : THE personal inconvenience to 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 blessings, for gen eral health and promising seasons for domestic and social happiness for the rapid progress and ample acquisitions of industry through our ex- tensive territories for civil, political, and religious liberty. While other states are desolated with foreign war, or convulsed with intestine divis- ions, 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 na- tions solicitous only for the maintenance of order and justice, and the preservation of liberty increasing daily in their attachment to a system of government 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. It is with extreme regret that I shall be obliged to turn your thoughts to other circumstances, which admonish us that some of these felicities may not be lasting. But if the tide of our prosperity is full and a reflux commencing, a vigilant circumspection becomes us, that we may meet our reverses with fortitude, and extricate ourselves from their consequences with all the skill we possess and all the efforts in our power. In giving to Congress information of the state of the Union, and recom- mending to their consideration such measures as appear to me to be ex- pedient or necessary, according to my constitutional duty, the causes and the object of the present extraordinary session will be explained. After the president of the United States received information that the French government had expressed serious discontents at some proceed- ings of the government of these states said to affect the interests of France, he thought it expedient to send to that country a new minister, fully instruct- ed to enter on such amicable discussions, and to give such candid explana- tions, as might happily remove the discontents and suspicions of the French government, and vindicate the government of the United States. For this purpose, he selected from among his fellow-citizens a character 108 ADAMS 8 ADDRESS SPECIAL SESSION. whose integrity, talents, experience, and services, had placed him in the rank of the most esteemed and respected in the nation. The direct ob- ject of his mission was expressed in his letter of credence to the French republic, being " to maintain that good understanding which, from the commencement of the alliances, had subsisted between the two Nations, and to efface unfavorable impressions, banish suspicions, and restore that cordiality which was at once the evidence and pledge of a friendly union." And his instructions were to the same effect, " faithfully to represent th disposition of the government and people of the United States, their dis position being one to remove jealousies and obviate complaints by show- ing that they were groundless, to restore that mutual confidence which had been so unfortunately and injuriously impaired, and to explain the rel- ative interests of both countries, and the real sentiments of his own." A minister thus specially commissioned it was expected would prove the instrument of restoring mutual confidence between the republics. The first step of the French government corresponded with that expectation. A few days before his arrival at Paris, the French minister of foreign re- lations informed the American minister then resident at Paris of the for- malities to he observed by himself in taking leave, and by his successor preparatory to his reception. These formalities they observed, and on the 9th December presented officially to the minister of foreign relations, the one a copy of his letters of recall, the other a copy of his letters of cred- ence. These were laid before the executive directory. Two days afterward, the minister of foreign relations informed the recalled American minister that the executive directory had determined not to receive another minis- ter plenipotentiary from the United States until after the redress of griev- ances demanded of the American government, and which the French republic had a right to expect from it. The American minister immedi- ately 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 direc- tory. For his own justification, he desired a written answer ; but obtain- ed 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 instructions from this government. 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 po- lice ; 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 despatches, 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 difficul- ties, 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 had acceded to their demands with- out 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 ADAMS'S ADDRESS SPECIAL SESSION. 109 president discloses sentiments more alarming than the refusal of a minis- ter, 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, from those of their fellow-citi- zens whom they themselves have chosen to manage their common con- cerns and thus to produce divisions fatal to our peace. Such attempts ought to be repelled with a decision that shall convince France and the world that we are not a degraded people, humbled under a colonial spirit of fear and sense of inferiority, fitted to be the miserable instruments of foreign influence, and regardless of national honor, character, 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 theatre of the world, in the face of all Europe and America, and with such circumstances of publicity and solemnity that they can not be disguised, and will not soon be forgotten. They have inflicted a wound on the American breast. It is my sincere desire, however, that it may be healed. It is my sincere desire, and in this I presume I concur with you and with our constituents, to preserve peace and friendship with all nations ; and believing that neither the honor nor the interest of the United States absolutely forbid the repetition of advances for securing these desirable objects with France, I shall institute a fresh attempt at negotiation, and shall not fail to promote and accelerate an accommodation on terms com- patible with the rights, duties, interests, and honor of the nation. If we have committed errors, and these can be demonstrated, we shall be wil- ling to correct them. And equal measure of justice we have a right to expect from France, and every other nation. The diplomatic intercourse between the United States and France be- ing at present suspended, the government has no means of obtaining offi- cial information from that country. Nevertheless, there is reason to be- lieve that the executive directory passed a decree on the second of March last, contravening in part the treaty of amity and commerce of one thou- sand seven hundred and seventy-eight, 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 war in Europe, the depredations on our commerce, the personal injuries to our* citizens, and the general complexion of our affairs, render it my indispensable duty to recommend to your consideration effectual measures of defence. 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 two thousand 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 those 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 re- ceive an adequate protection. The naval establishment must occur to every man who considers the injuries committed on our commerce, and the 'insults offered to our citi- zens, and the description of the vessels by which these abuses have been 110 ADAMS'S ADDRESS SPECIAL SESSION. practised. As the sufferings of our mercantile and seafaring citizens can not he ascribed to the omission of duties demandable, considering the neutral situation of our country, they are to be attributed to the hope of impunity, 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. A naval power, next to the militia, is the natural defence of the United States. The experience of the last war would be sufficient to show that :i 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 practised. Our seacoasts, from their great extent, are more easily .innoyed and more easily defended by a naval force than any other. With ;il! 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 system of naval defence 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 lo prevent the sailing of armed vessels, except on voyages to the East Indies, where general usage and the danger from pirates appeared to ren- der the permission proper. Yet the restriction has originated solely from a wish to prevent collisions with the powers at war, contravening the act of Congress of June, one thousand seven hundred and ninety-four, and not from any doubt entertained by me of the policy and propriety of permit- ting our vessels to employ means of defence 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 viola- tions of the law of nations, and at the same time restrain them from com- mitting acts of hostility against the powers at war. In addition to this voluntary provision for defence by individual citizens, it appears to me necessary to equip the frigates, and to 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 diffi- culty, yet I have thought it my duty to present the subject generally to your consideration. If a mode can be devised by the wisdom of Con- gress to prevent the resources of the United States from being converted 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 citizens, resi- dents abroad, have fitted out privateers, and others have voluntarily taken the command, or entered on board of them, and committed spoliations on the commerce of the United States. Such unnatural and iniquitous prac- tices 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 defence of their country, happily diminisn* the probability of invasion. Nevertheless, to puard against sudden and predatory incursions, the situation of some of ADAMS'S ADDRESS SPECIAL SESSION. Ill our principal seaports demands your consideration. And as our country is vulnerable in other interests besides those of commerce, you will seri- ously deliberate whether the means of general defence ought not to be increased by an addition to the regular artillery and cavalry, and by ar- rangements for forming a provisional army. With the same view, and as a measure which, even in time of univer- sal peace, ought not to be neglected, I recommend to your consideration a revision of the laws for organizing, arming, and disciplining the militia, to render that natural and safe defence of the country efficacious. Although it is very true that we ought not to involve ourselves in the political system of Europe, but to keep ourselves always distinct and sep- arate from it if we can, yet to effect this separation, early, punctual, and continual information of the current chain of events, and of the political projects in contemplation, is no less necessary than if we were directly concerned in them. It is necessary, in order to the discovery of the efforts made to draw us in the vortex, in season to make preparations against them. However we may consider ourselves, the maritime and commercial powers of the world will consider the United States of America as form- ing a weight in that balance of power in Europe which can never be for- gotten or neglected. It would not only be against our interest, but it would be doing wrong to one half of Europe at least, if we should volun- tarily 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 ex- pired 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 extinguishment of the public debt, and a provision of funds to defray any extraordinary ex- penses, will of course call for your serious attention. Although the im- position of new burdens 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 security, and future interests de- mand. Gentlemen of the Senate and House of Representatives : The present situation of our country imposes an obligation on all the de- partments of government to adopt an explicit and decided conduct. In my situation, an exposition of the principles by which my administration will be governed ought not to be omitted. It is impossible to conceal from ourselves or the world, what has been before observed, that endeavors have been employed to foster and establist a division between the government and the people of the United States To investigate the causes which have encouraged this attempt is not ne , cessary ; but to repel, by decided and united councils, insinuations so de rogatory to the honor, and aggressions so dangerous to the constitution, union, and even independence of the nation, is an indispensable duly. It. must not be permitted to be doubted whether the people of the United States will support the government established by their voluntary consent and appointed by their free choice, or whether, surrendering themselves to 112 ADAMS'S FIRST ANNUAL ADDRESS. the direction of foreign and domestic factions, in opposition to their own government, they will forfeit the honorable station 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 life 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 impar- tial to foreign nations that those internal regulations which have been established by law for the preservation of peace are in their nature, prop- er, and that they have been fairly executed nothing will ever be done by me to impair the national engagements, to innovate upon principles 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 legislature, and upon the virtue and patriotism of my fellow-citizens. FIRST ANNUAL ADDRESS. NOVEMBER 23, 1797. Gentlemen of the Senate and Gentlemen of the House of Representatives : I WAS for some time apprehensive that it would be necessary, on ac- count of the contagious sickness which afflicted the city of Philadelphia, to convene the national legislature at some other place. This measure it was desirable to avoid, because it would occasion much public inconveni- ence and a considerable public expense, and add to the calamities of the inhabitants of this city, whose sufferings must have excited the sympathy of all their fellow-citizens. Therefore, after taking measures to ascertain the state and decline of the sickness, I postponed my determination, hav- ing hopes (now happily realized) that, without hazard to the lives of the members, Congress might assemble at this place, where it was by law next 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 one thousand seven hundred and ninety-four. Although I can not yet congratulate you on the re-establishment of peace in Europe, and the restoration of security to the persons and properties of our citizens from injustice and violence at sea, we have, nevertheless, abundant cause of gratitude to the Source of benevolence and influence for interior tranquillity and personal security, for propitious seasons, prosper- ous agriculture, productive fisheries, and general improvements, 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 reli- gious 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 re- ADAMS'S FIRST ANXUAL ADDRESS. 113 ceived 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 1 9th of September. Whatever may be the result of this mission, I trust that nothing will have been omitted on my part to conduct the negotiation to a successful conclusion, on such equitable terms as maybe compatible with the safety, honor, and interests 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 na- tional defence which a beneficent Providence has kindly placed within their power. It may be confidently asserted, that nothing has occurred since the ad- journment of Congress which renders inexpedient those precautionary meas- ures recommended by me to the consideration of the two houses at the opening of your late extraordinary session. If that system was then pru- dent, it is more so now, as increasing depredations strengthen the reasons for its adoption. Indeed, whatever may be the issue of the negotiations with France, and whether the war in Europe is or is not to continue, I hold it most certain that permanent tranquillity and order will not soon be obtained. The state of society has so long been disturbed, the sense of moral and reli- gious 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 been so long unrestrained, there remains no reasonable ground on which to raise an expectation that a commerce without protec- tion or defence 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 dis- tress. 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, 1 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 posture of defence, as the only sure means < of preserving both. I have entertained an expectaiion 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 de- marcation of the line of limits. But by the latest authentic intelligence, Spanish garrisons were still continued within our country, and the running of the boundary line had not been commenced. These circumstances are the more to be regretted, as they can not fail to afloct tho Indians in a man- ner ii^urious to the United States. Still, however, indulging the hope that the answers which have been given will remove the objections offered by the Spanish officers to the immediate execution of the treaty, 1 have judged VOL. I. 8 114 ADAMS S FIRST ANNl'AL ADDRESS it proper that wo should continue in readiness to receive the posts and to run the line of limits. Further information on this subject will he com- municated in the course of the session. In connexion with this unpleasant state of things on our western fron- tier, it is proper for me to mention the attempts of foreign agents to alien- ate the affections of the Indian nations, and to excite them to actual hos- tilities against the United States. Great activity has been exerted, by those persons who have insinuated themselves among the Indian tribes residing within the territory of the United States, to influence them to transfer their affections and force to a foreign nation, to form them into a confederacy and prepare them for a war against the United States. Although measures Lave been taken to counteract these infractions of our rights, to prevent Indian hostilities, and to preserve entire their attachment to the United States, it is my duty to observe, that to give a better effect to these meas- ures, and to obviate the consequences of a repetition of such practices, a law providing adequate punishment for such ofi'ences may be necessary. The commissioners appointed under the fifth article of the treaty of am- ity, commerce, and navigation, between the United States and Great Britain, to ascertain the river which was truly intended under the name of thr river St. Croix mentioned in the treaty of peace, met at Passamaquoddy bay, in October, one thousand seven hundred and ninety-six, and viewed the mouths of the rivers in question and adjacent shores on the islands ; and being of opinion that actual surveys of both rivers to their sources were necessary, gave to the agents of the two nations instructions for that purpose, and adjourned to meet at Boston in August. They met. But the surveys requiring more time than had been supposed, and not being then completed, the commissioners 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 re- sumed and doubtless will be prosecuted without interruption. Several decisions on the claims of the 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 conformably 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 cost 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 commissioners 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 sustain- ed in consequence of their vessels and cargoes having been taken by the subjects of his catholic majesty during the late war between Spain and France. Their sittings have been internipted, but are now resumed. The United States being obligated 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, ADAMS'S FIRST ANNUAL ADDRESS. 115 and for the losses and damages sustained 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 by some of those of Spain, have occasioned consid- erable expenses in making and supporting the claims of our citizens be- fore 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 subsistence, and the sick in particular have been, exposed to grievous sufferings. The consuls have in these cases also advanced money for their relief. For these ad- vances 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 necessary 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 de- ception, 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 defence 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 defence and for military operations in time of war, the sums loaned and debts contracted have necessarily become the subjects of what have been called funding systems. The consequence's arising from the continual accumulation of public debts in other countries, ought to admonish us to be careful to prevent their groMfth in our own. The national defence must be provided for as well as the support of govern- ment, but both should be accomplished as much as possible by immediate taxes, and as little as possible by loans. The estimates for the sen-ice of the ensuing year will by my direction be laid before you. Gentlemen of the Senate and Gentlemen of the House oj Representatives ; We are met together at a most interesting period. The situations of the principal powers of Europe are singular and portentous. Connected with some by treaties, and with all by commerce, no important event there can be indifferent to us. Such circumstances call with peculiar importu- nity not less for a disposition to unite in all those measures on which the honor, safety, and prosperity of our country depend, than for all the exer- tions of wisdom tind firmness. In all such measures you may rely on my zealous and hearty concur- rence. 110 ADAMS'S SPECIAL MESSAGES. SPECIAL M ESS AGE. FEBRUARY 5, 1798. Gentlemen of the Senate and House of Representatives : I HAVE received a letter from his excellency, Charles Pinckney, Esq. governor of the state of South Carolina, dated the 22d of October, 1797, enclosing a number of depositions and witnesses to several captures and outrages, committed within and near the limits of the United States by a French privateer belonging to Cape Frar^ois or Monto Christo, called the Veritude, or Fortitude, and commanded by a person of the name of Jordan or Jourdain, and particularly upon an English merchant-ship named the Oracabissa, 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 harbor of Charleston, on the 17th of October last ; copies of which let- ter and depositions, and also of several other depositions relative to the same subject, received from the collector of Charleston, are herewith communicated. Whenever the channel of diplomatic communication between the United States and France shall be opeaed, I shall demand satisfaction for the in- sult and reparation for the injury. 1 have transmitted those 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 show 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 may have a right to enjoy their peace and the protection of their laws within their limits, in that as well as some other harbors which are equally exposed. SPECIAL MESSAGE. MARCH 19, 1798. Gentlemen of the Senate, and House of Representatives : THE despatches from the envoys extraordinary of the United States to the French republic, which were mentioned in my message, to both houses of Congress, of the fifth instant, have been examined arid maturely considered. While I feel a satisfaction in informing you that their exertions for the adjustment of the differences between the two nations have been sincere and unremittcd, it is incumbent on me to declare that 1 perceive no ground of expectation that the objects of their mission can be accomplished 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 secondary interests for the preservation of peace. Knowing it to be my duly, and believing it to be your wish, as well as that of the great body of the peo- ple, to avoid by all reasonable concessions any participation in the con- ADAMS'S SECOND ANNUAL ADDRESS. J 17 tentions of Europe, the powers vested in our envoys were commensurate with a liberal and pacific policy and that high confidence which might justly be reposed in the abilities, patriotism, and integrity, of the charac- ters 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 that has been omitted on my, part, and nothing further which can be attempted consistently with maxims for which our country has con- tended 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 defence of any exposed portions of our ter- ritory ; for replenishing our arsenals and establishing foundries and mili- tary manufactories ; and to provide such efficient revenue as will be neces- sary 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 under 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 1 no longer conceive myself justifiable in contin- uing them, unless in particular cases where there may be reasonable ground of suspicion that such vessels are intended to be employed con- trary to law. In all your proceedings it will be important to manifest a zeal, vigor, and concert, in defence of the national rights, proportioned to the danger with which they are threatened. SECOND ANNUAL ADDRESS. UECIMBER 8, 1798. Gentlemen of the Senate and House of Representatives : WHILE with reverence and resignation we contemplate the dispensa- tions of Divine Providence in the alarming and destructive pestilence with which several of our cities and towns have been visited, there is cause for gratitude and mutual congratulations that the malady has disappeared, and that we are again permitted to assemble in safety at the seat of gov- ernment 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 public and private business, whereby the national interests arc deeply af- fected, I think it my duty to invite the legislature of the Tnion 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, 118 ADAMS'S SECOND ANNUAL ADDRESS. 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 hi-alth. may be compatible wi'h 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 bles- sings 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 ag- gression of a foreign nation. A manly sense of national honor, dignity, and independence, has appeared, which, if encouraged and invigorated by every branch of the government, will enable us to view undismayed the enterprises of any foreign power, and become the sure foundation of na- tional prosperity and glory. The course of the transactions in relation to the United States and France which have come to my knowledge during your recess, will be made the subject of a future communication. That communication will confirm the ultimate failure of the measures which have been taken by the government of the United States toward an amicable adjustment of differ- ences with that power. You will at the same time perceive that the French government appears solicitous to impress the opinion that it is averse to a rupture with this country, and that it has in a qualified manner declared itself willing to receive a minister from the United States for the purpose of restoring a good understanding. It is unfortunate for profes- sions of this kind that they should be expressed in terms which may countenance the inadmissible pretension of a right to prescribe the quali- fications 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 ques- tioned. It is also worthy of observation, that the decree of the directory alleged to be intended to restrain the depredations of French cruisers 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 cruising and prizes, while these laws are themselves the sources of the depredation of which we have so long, so justly, and so fruitlessly complained. The law of France, enacted in January last, which 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 confirmation 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, contin- ues in force, those nations can see in the French government only a powei regardless of their essential rights, of their independence and sovereignty ; and if they possess the means, they can reconcile nothing with their in- terest 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 defence. On the con- trary, to extend and invigorate them is our true policy. We have no rea- son to regret that these measures have been thus far adopted and pursued, and in proportion as we enlarge our view of the portentous and incalcula ADAMS'S SECOND ANNUAL ADDRESS. 119 ble situation of Europe, we shall discover new and cogent motives for the full development of our energies and resources. But in demonstrating by our conduct that we do not fear war in the 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 ensure peace. It is peace that we have uniformly and per- severingly cultivated, and harmony between us and France may be re- stored at her option. But to send another minister without more deter- minate assurances that he would be received, would be an act of humilia- tion to which the United States ought not to submit. It must therefore be left with France (if she is indeed desirous of accommodation) to take the requisite steps. The United States will steadily observe the maxims by which they have hitherto been governed. They will respect the sa- cred rights of embassy. And with a sincere disposition on the part of France to desist from hostility, to make reparation for the injuries hereto- fore 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 execu- tive authority of this country still adheres to the humane and pacific pol- iey 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 manifestations of her policy tow- ard foreign nations, I deem it a duty deliberately and solemnly to declare my opinion, that whether we negotiate with her or not, vigorous prepara- tions 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 ses- sion are known and acknowledged. Perhaps no country ever experienced more sudden and remarkable advantages from any measure of policy than we have derived from the arming for our maritime protection and defence. 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 n, 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 defence by facilitating the safe transportation of troops and stores to every part of our extensive coast. To accomplish this important object, a prudent fore- sight 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 prop- er to be communicated to the national legislature. After the Spanish garrisons had evacuated the posts they occupied at the Natchez and Walnut, hills, the commissioner of the United States com- menced 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 the United States and Spain. He was afterward joined by the Spanish commissioner, when the work of the former was confirmed, and they proceeded together to the demarcation of the line. Recent information renders it probable that southern Indians, either instigated to oppose the demarcation or jealous of the consequences of suffering white people to run a line over lands to ICO ADAMS'S SECOND ANNUAL ADDRESS. which the Indian title had not been extinguished, have ere this time stop- ped the progress of the commissioners. And considering the mischiefs which may result from continuing the demarcation in opposition to the will of the Indian tribes, the great expense attending it, and that the boundaries which the commissioners have actually established probably extend at least as far as the Indian title had been extinguished, it will, perhaps, be- come expedient and necessary to suspend further proceedings by recalling our commissioner. The commissioners appointed in 'pursuance of the fifth article of the treaty of amity, commerce, and navigation, between the United States and his Britannic majesty, to determine what river was truly intended under the name or the river St. Croix mentioned in the treaty of peace, and form- ing 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 northwestern 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 continuation 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 lands which have been made by the respective adjoining governments. A subordinate question, how- ever, it has been suggested, still remains to be determined. Between the mouth of the St. Croix as now settled, and what is usually called the bay of Fundy, lie a number of valuable islands. The commissioners have not continued the boundary line through any channel of these islands, and un- less 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 be 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 subject of the seventh article of the treaty of amity, commerce, and navigation, between the United States and Great Britain, that it is supposed the com- missioners 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 between the United States and Spain, have adjusted most of the claims of our citizens for losses sustained in consequence of their vessels and cargoes having been taken by the subjects of his catholic majesty during the late war between France and Spain. Various circumstances have occurred to delay the execution of the law for augmenting the military establishment ; among these, the desire of ob- taining the fullest information to direct the best selection of officers. As this object will now be speedily accomplished, it is expected that the rais- ing 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, accompanied with a view of the public receipts and expenditures to a recent period. It will alTord you satisfaction to infer the great extent and solidity of the pub- lic resources from the prosperous state of the finances, notwithstanding the ADAMS'S SECOND ANNUAL ADDRESS. 121 unexampled embarrassments which have attended commerce. When you reflect on the conspicuous examples of patriotism and liberality which have been exhibited by our mercantile fellow-citizens, and how great a portion of the public resources depends on their enterprise, you will naturally con- sider whether their convenience can not be promoted and reconciled with the security of the revenue by a revision of the system by which the col- lection 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, prelimi- nary 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 fulfilment of the views of the legislature. Gentlemen of the Senate and Gentlemen of the House of Representatives : I can not close this address without once more adverting to our political situation, and inculcating the essential importance of uniting in the main- tenance of our dearest interests ; and 1 trust that by the temper and wis- dom of your proceedings, and by a harmony of measures, we shall secure to our country that weight and respect to which it is so justly entitled. THIRD ANNUAL ADDRESS. DECEMBER 3, 1799. Gentlemen of the Senate and Gentlemen of the House of Representatives : 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 sea ; the prosperity of our extended commerce, notwithstanding 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 afflicted 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 Ameri- can people sincere thanks to a benevolent Deity for the merciful dispensa- tions 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 givon to the civil authority as rendered hopeless all further attempts by judicial process to enforce the execution of the law, and it became ne- cessary to direct a military force to be employed, consisting of some com- panies of regular troops, volunteers, and militia, by whose zeal and ac- tivity, in co-operation with the judicial power, order and submission were 122 ADAMS'S THIRD ANNUAL ADDRESS. 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 in- sure a just execution of the laws, a revision and amendment of the ju- diciary system is indispensably necessary. In this extensive country, it can not but happen that numerous questions respecting the interpretation of the laws, and the rights and duties of officers and citizens, rnus>t arise. On the one hand, the laws should be executed ; fin the other, individuals should be guarded from oppression. Neither of these objects is suffi- ciently assured under the present organization of the judicial department. I therefore earnestly recommend the subject to your serious consideration. Persevering in the pacific and humane policy which has been invariably professed and sincerely pursued by the executive authority of the United States, when indications were made on the part of the French republic of a disposition to accommodate the existing differences between the two countries, I felt it to be my duty to prepare for meeting their advances by a nomination of ministers upon certain conditions which the honor of our country dictated, and which its moderation had given a right to prescribe. The assurances which were required of the French government previous to the departure of our envoys, have been given through their minister of foreign relations, and I have directed them to proceed on their mission to Paris. They have full power to conclude a treaty, subject to the consti- tutional advice and consent of the senate. The characters of these gen- tlemen are sure 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. It appearing probable, from the information I received, that our com- mercial intercourse with some ports in the island of St. Domingo might safely be renewed, I took such steps as seemed to me expedient to ascer- tain that point. The result being satisfactory, I then, in conformity with the act of Congress on the subject, directed the restraints and prohibitions of that intercourse to be discontinued on terms which were made known by proclamation. Since the renewal of this intercourse, our citizens tra- ding to those ports, with their property, have been duly respected, and privateering from those ports has ceased. In examining the claims of British subjects by the commissioners at Philadelphia, acting under the sixth article of the treaty of amity, com- merce, and navigation, with Great Britain, a difference of opinion, on points deemed essential in the interpretation of that article, has arisen between the commissioners appointed by the United States, and the other members of that board, from which the former have thought it their duty to with- draw. It is sincerely to be regretted that the execution of an article pro- duced by a mutual spirit of amity and justice, should have been thus un- avoidably interrupted. It is, however, confidently expected that the same spirit of amity and the same sense of justice in which it originated will lead to satisfactory explanations. In consequence of the obstacles to the progress of the commission in Philadelphia, his Britannic majesty has directed the commissioners appointed by him under the seventh article of the treaty relating to British captures of American vessels, to withdraw from the hoard sitting in London ; but with the express declaration of his determination to fulfil, with punctuality and good faith, the engage ments which his majesty has contracted by his treaty with the United ADAMS'S THIRD ANNUA_ ADDRESS. 123 States, and that they will be instructed to resume their functions when- ever the obstacles which impede the progress of the commission at Phil- adelphia shall be removed. It being in like manner my sincere deter- mination, so far as the same depends on me, that with equal punctuality and good faith the engagements contracted by the United States in their treaties with his Britannic majesty shall be fulfilled, I shall immediately instruct our minister at London to endeavor to obtain the explanations necessary to a just performance of those engagements on the part of the United States. With such dispositions on both sides, I can not entertain a doubt that all difficulties will soon be removed, and that the two boards will then proceed and bring the business committed to them respectively, to a satisfactory conclusion. The act of Congress relative to the seat of government of the United States, requiring that on the first Monday of December next it should be transferred from Philadelphia to the district chosen for its permanent seat, it is proper for me to inform you that the commissioners appointed to pro- vide suitable buildings for the accommodation of Congress and of the president and for the public offices of the government, have made a report of the state of the buildings designed for those purposes in the city of Washington, from which they conclude that the removal of the seat of government to that place at the time required will be practicable and the accommodation satisfactory. Their report will be laid before you. Gentlemen of the House of Representatives : I shall direct the estimates of the appropriations necessary for the ser- vice of the ensuing year, together with an account of the revenue and ex- penditure, to be laid before you. During a period in which a great por- tion of the civilized world has been involved in a war unusually calami- tous and destructive, it was not to be expected that the United States could be exempted from extraordinary burdens. Although the period is not ar- rived when the measures adopted to secure our country against foreign at- tacks can be renounced, yet it is alike necessary, for the honor of the government and the satisfaction of the community, that an exact economy should be maintained. I invite you, gentlemen, to investigate the differ- ent branches of the public expenditure. The examination will lead to beneficial retrenchments, or produce a conviction of the wisdom of the measures to which the expenditure relates. Gentlemen of the Senate and House of Representatives : At a period like the present, when momentous changes are occurring and every hour is preparing new and great events in the political world when a spirit of war is prevalent in almost every nation with whose affairs the interest of the United States have any connexion unsafe and precari- ous would be our situation were we to neglect the means of maintaining our just rights. The result of the mission to France is uncertain ; but however it may terminate, a steady perseverance in a system of national defence commensurate with our resources and the situation of our country is an obvious dictate of wisdom. For remotely as we are placed from the belligerent nations, and desirous as we are, by doing justice to all, to avoid offence to any, nothing short of the power of repelling 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 exe- cute the trust reposed in me, as to render the people of the United States 124 ADAMS'S SPECIAL MESSAGE. prosperous and happy. I rely with entire confidence on your co-operation in objects equally your care, and that our mutual labors will serve to in- crease and confirm union among our fellow-citizens and an unshaken at- tachment to our government. SPECIAL MESSAGE. DECEMBER 23, 1799. Gentlemen of the Senate : I RECEIVE with the most respectful and affectionate sentiments, in your impressive address, the obliging expressions of your 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 days of ad- versity, in some of the scenes of his deepest distress and most trying per- plexities ; and 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. Al- though 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 1 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 a comparison with those of other countries who have been most celebrated and exalted by fame. The attributes and decorations of loyalty could only have 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 sin- gular 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 unfortunate moment. Trusting, however, in the wise and righte- 'ous dominion of Providence over the opinions of men and the results of their councils and actions, as well as over their lives, nothing remains for me but humble resignation. His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age but in future generations, as long as our history shall be read. If a Trajan found a Pliny, a Marcus Aurelius can never want biographers, eulogists, or his- torians. ADAMS'S FOURTH ANNUAL ADDRESS. 125 SPECIAL MESSAGE. JANUARY 8, 1800. Gentlemen of the Senate and House of Representatives : IN compliance with the request in one of the resolutions of Congress of the 21st of December last, I transmitted a copy of these resolutions, by my secretary Mr. Shaw, to Mrs. Washington, assuring her of the profound respect Congress will ever bear to her person and character ; of their con- dolence 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, will be highly gratified by any ar- rangement which may diminish the sacrifices she makes of her personal feelings. " MOUNT VERNON, December 31, 1799. " 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 hus- band ; and as his best services and most anxious wishes were always de- voted to the welfare and happiness of his country, to know that they were truly appreciated and gratefully remembered affords no inconsiderable con- solation. " 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 re- quest 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 indi- vidual 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 respectfully, sir, " Your most obedient and humble servant, "MARTHA WASHINGTON." FOURTH ANNUAL ADDRESS. NOVEMBER 22, 1800. Gentleman 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 re- moval of the public offices, records, and property. These directions have been executed, and the public officers have since resided and conducted the ordinary business of the government in this place. 126 ADAMS'S FOURTH ANNUAL ADDRESS. I congratulate the people of the United States on the assembling of Congress at the permanent seat of their government, and I congratulate you, gentlemen, on the prospect of a residence not to be changed. Al- though 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 in'convenience 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 for ever held in veneration ! Here, and throughout our country, may simple manners, pure morals, and true religion, flourish for ever ! It is with you, gentlemen, to consider whether the local powers over the District of Columbia vested by the constitution in the Congress of the United States shall be immediately exercised. If in your opinion this important trust ought now to be executed, you can not fail, while perform- ing it, to take into view the future probable situation of the territory for the happiness of which you are about to provide. You will consider it as the capital of a great nation advancing with unexampled rapidity in arts, in commerce, in wealth, and in population ; and possessing within itself those energies and resources which, if not thrown away or lamentably misdirected, will secure to it a long course of prosperity and self-govern- ment. In compliance 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 to the patriotic motives which brought them into the service of their country, by the read- iness 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 ad- ministration of justice which the constitution and laws devolve on the federal courts as convenient to the people as may consist with their pres- ent circumstances, that I can not omit once more to recommend to your serious consideration the judiciary system of the United States. No sub- ject is more interesting than this to the public happiness, and to none can those improvements which may have been suggested by experience be more beneficially applied. A treaty of amity and commerce with the king of Prussia has been con- cluded and ratified. The ratifications have been exchanged, and I have directed the treaty to be promulgated by proclamation. The difficulties which suspend 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 be for the interest and honor of both nations to adjust this dif- ference with good faith, I indulge confidently the expectation that the sin- cere 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 ADAMS S FOURTH ANNUAL ADDRESS. 127 t'.ioir characters, 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, yet 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 preservation of harmony with all na- tions will continue to be used, the experience of the world, our own ex- perience, admonishes us of the insecurity of trusting too confidently to their success. We can not, without committing a dangerous imprudence, abandon those measures of self-protection which were adapted to our sit- uation, and to which, notwithstanding our pacific policy, 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 defence which will be most beneficial to ourselves, our distance from Europe and our resources from 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 for 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, and for the protection 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 ex- pectations, the object for which it was created. In connexion with a navy ought to be contemplated the fortification of some of our principal seaports and harbors. A variety of considerations, which will readily suggest themselves, urge an attention to this measure of precaution. To give security to our principal ports considerable 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 fortifications which have been commenced. The manufacture of arms within the United States still invites the at- tention of the national legislature. At a considerable expense to the pub- lic, this manufacture has been brought to such a state of maturity as, with continued encouragement, will supersede the necessity of future importa- tions from foreign countries. Gentlemen of the House of Representatives : I shall direct the estimates of the appropriations necessary for the en- suing year, together with an account of the public revenue and expendi- ture to a later 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 af- fords 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. Gentlemen of the Senate 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 exhibited 128 ADAMS'S FOURTH ANNUAL ADDRESS. an uncommon portion of calamity, it is the province of humanity to de- plore, nnd of wisdom to avoid, the causes which may have produced it. If, turning our eyes homeward, we find reason to rejoice at the prospect which presents itself; if we perceive the interior of our country prosper- ous, free, and happy ; if all enjoy safety under the protection of laws emanating only from the general will, the fruits of their own labor ; we ought to fortify and cling to those institutions which have been the source of such real felicity, ami resist with unabating perseverance the progress of those dangerous innovations which may diminish their influence. To your patriotism, gentlemen, has been confided the honorable dutv of guarding the public interests ; and while the past is to your country a sure pledge that it will be faithfully discharged, permit me to assure you that your labors to promote the general happiness will receive from me the most zealous co-operation. ADMINISTRATION OF JOHN ADAMS, THE inauguration of John Adams, as the second president of the Uni- ted States, took place in Congress Hall, at Philadelphia, on the fourth of March, 1797, in the presence of a large concourse of people, among whom were General Washington, the vice-president elect, the heads of depart- ments, many members of Congress, foreign ministers, and other distin- guished persons. Mr. Adams, who was then in his 62d year, was dressed in a full suit of pearl-colored broadcloth ; with powdered hair. Before thr oath of office was administered to the new president, by Chief- Justice Ellsworth, he delivered his inaugural address ; the sentiments and style of which produced a favorable impression upon the people. The retirement of General Washington was a cause of sincere rejoic- ing among those of his countrymen who had opposed his administration. In France it was an event long desired and cordially welcomed. On the other hand, many of the political friends of Washington, in view of the situation of the country, considered the loss of his personal influence a public calamity. But, as his successor was known to entertain similar views of public policy, great hopes were felt for the success of the new administration. Mr. Adams continued in office the same cabinet which had been left by President Washington, namely : Timothy Pickering, secretary of state , Oliver Wolcott, secretary of the treasury ; James M'Henry, secretary of war ; and Charles Lee, attorney-general ; these gentlemen being all of the federal party. The navy department was not established until 1798, when Benjamin Stoddert, of Maryland, was appointed secretary of the navy, George Cabot, of Massachusetts, having declined the office. The aflairs of the United States with France, received the early atten- tion of President Adams. The American minister to that republic, Charles C. Pinckriey, had been expelled from their territory by the French rulers, who also issued new orders for depredations upon Ameri- can commerce, more unjust and injurious than their former decrees. The president thought the state of affairs demanded the immediate considera- tion of Congress, and he therefore called that body together on the fif- teenth of May, 1797. VOL. I. 9 130 ADMINISTRATION O? JOHN ADAMS. There was a decided federal majority in each branch of the national legislature. Jonathan Dayton, of New Jersey, was again elected speaker of the house of representatives ; which body, as well as the senate, re- sponded to the president's speech in terms of approval. Several mem- bers, who were generally found in the opposition, voted in favor of reso- lutions for supporting the honor of the country, in consequence of the insulting conduct of the French government. The administration and a majority in Congress, were still desirous of maintaining a neutral position, and an act was passed, in June, 1797, to prevent American citizens from fitting out or employing privateers against nations at peace with the United States. The exportation of arms and ammunition was also prohibited, and the importation of the same encour- aged by law. The president was authorized to call out the militia to the number of eighty thousand, and to accept of the services of volunteers At the same time, Congress provided for a small naval force, but not suf- ficient to meet the views of the president. To provide means for extra expenses, to be incurred for measures of national defence, duties were imposed on stamped paper, and parchment, used for business purposes ; an additional duty was also laid on salt, while a drawback was allowed on salt provisions and pickled fish export- ed. The stamp act proved an unpopular measure. This special session of the fifth Congress was adjourned on the 10th of July, 1797. The president having intimated to Congress that he should make a new attempt to conciliate France, appointed, with the advice and consent of the senate, Charles Cotesworth Pinckney, Elbridge Gerry, and John Mar- shall, special envoys to that republic, with very ample powers. These gentlemen met at Paris, in October, 1797, and promptly attempted to ex- ecute their commission. The scenes which followed were well calculated to excite the indignation of the Americans. The French government employed unofficial individuals to confer with the envoys, those individuals using, instead of their names, which were then unknown, the letters X. Y. Z., and in this way the intercourse with the American ministers was carried on. Attempts were made to detach the envoys from each other, and to learn the separate views of each, by secret interviews. Two of the ministers, Messrs. Pinckney and Marshall, were soon satisfied that no treaty could be made with France which would be honorable to the United States, and they re- quested of President Adams leave to return. They were soon ordered by the French government to quit France, while Mr. Gerry was invited to remain, and did so ; not returning to the United States until October following. When the despatches from the envoys were made public in the United States, they excited very general indignation, particularly when it was known that the French negotiators had demanded money of the United States, ADMINISTRATION OF JOHN ADAMS. 131 as the price of peace. The people responded to the sentiment of Mr. Pinckney on the occasion, " Millions for defence, but not a cent for trib- ute." Mr. Gerry was severely censured for not having left France with his colleagues. There is no doubt that he meant well, and that he sup- posed his better standing with the French rulers would enable him to effect the purposes of his mission. After finding his mistake, he was compelled to withdraw, on receiving instructions from the president, with- out, of course, effecting anything. The fifth Congress reassembled at Philadelphia, on the 1 3th of Novem- ber, 1797, and continued in session until the 16th of July, 1798, a period of 247 days, or over eight months. Many important laws were passed among which were those for the protection of navigation, for maintaining neutrality, for the defence of the seacoast, by the fortification of Boston, Newport, New York, Baltimore, Norfolk, Charleston, and Savannah ; and for an additional land and naval force ; also for a loan, which was nego- tiated at eight per cent, interest, and a direct tax on real estate, to meet the extra expenses of these measures of defence. There was an appre- hension on the part of a majority in Congress, that the French govern- ment, elated by the success of their arms in Europe, might attempt an in- vasion of the United States. At this time French ships-of-war were dep- redating on American commerce, and decrees were issued by the French directory, subjecting to seizure all American vessels having on board Brit- ish goods or products, or which had sailed from British ports. An act of Congress was passed, in June, 1798, to suspend the commercial inter- course between the United States and France and her possessions. Mer- chant ships were authorized, under certain restrictions, to be armed in their voyages either to the West Indies or to Europe. A regular and permanent army was ordered to be raised, and the president was authorized to organize twelve additional regiments of infantry, and one regiment each of cavalry, artillery, and engineers, to serve during the difficulties with France. The president was also vested with power to build, purchase, or hire, twelve vessels, of twenty guns each, as an increase of the infant navy of the United .States.* Although these measures for defence were generally warmly opposed by the democratic minority in Congress, and some of them adopted by small majorities, they were received with approbation by a great majority of the people. The young men took up the subject of the affairs of the country with great zeal, and in Boston, Robert Treat Paine wrote the celebrated song of " Adams and Liberty." He and oth- ers delivered patriotic orations to their young associates. Addresses were sent to the president from all parts of the country, glowing with patriot- ism, and with defiance of France. Mr. Adams had good reason to think that he stood strong in the respect and affections of the people, and at this period his administration was undoubtedly popular. At this session provision was made by law for the establishment of a navy department. 132 ADMINISTRATION OF JOHN ADAMS. In the arrangement of the intended military force, all eyes were turned to Washington as the chief. Mr. Adams made known his intention to appoint him ; and in answer, without intimating a willingness to accept, he expressed his full approbation of the president's measures. He was afterward appointed, with the condition that he might select his officers next in command.* The crisis did not arrive which rendered it necessary for Washington to take the field, and, in the course of the following year, a treaty was made with France, which put an end to the military operations in the United States. An army, however, was raised, in 1798, as voted by Con- gress, and General Hamilton, of New York, was the immediate and ac- tive commander, being next in ,rank to Washington, when the officers were appointed, and who was recommended by him for that station. f Although there was no declaration of war, either on the part of Franco or the United States, hostilities actually commenced on the ocean between the two nations. The United States frigate Constellation, of 38 guns, Commodore Truxton, on the 9th of February, 1799, fell in with and captured the French frigate I'lnsurgent, of 40 guns. This action took place in the West India seas, and lasted about an hour. The Constella- tion, after refitting in the United States, met at sea, February 1, 1800, the French frigate 1'Vengeance, of 54 guns, which latter vessel was si- lenced after an action of five hours. A squall enabled her to escape, with the loss of 160 men killed and wounded. The French government and people were surprised by the hostile movements of the United States. They seem to have relied on the op- position party in the United States to prevent war, which was not the ob- ject of France, and there soon appeared a disposition on the part of the French rulers to recede, with regard to their course toward the United States. There were two acts of Congress passed in the summer of 1798, which became extremely unpopular with a large portion of the people. These were the alien and sedition laws. The alien law was objected to as ex- tremely liable to abuse by the president, who was empowered to order aliens who were found or supposed to be conspiring against the peace and authority of the United States, to depart from its territories. One apology for the law was, that there were then computed to be thirty thousand French- men in the United States, all of whom were devoted to their native coun- try, and mostly associated, through clubs or otherwise. Besides these, there were computed to be fifty thousand who had been subjects of Great Britain, some of whom had found it unsafe to remain at home. It was also contended that the persons who, by the law, were liable to be re- quired to leave the country, were not citi'/ens had no just claims to a continuance here and that their residence, with the views they had, and Sullivan. f Bradford. ADMINISTRATION OF JOHN ADAMS. 133 the opinions they published, endangered the welfare of the nation, for which it was the imperious duty of Congress to provide. The objection to the sedition law was, that it restricted the liberty of speech and of the press, which was an arbitrary interference with the right of the citizens to express freely their opinions on all public and political measures. Those who justified the law asserted that the grossest falsehoods were ut- tered and published, tending to deceive the people, and to excite their prejudices unduly, to the danger of the peace of the nation : And the gov- ernment ought to take measures to protect its rightful authority, and main- tain the peace of the republic that the law expressly provided, in miti- gation of the common law on libels, that the truth, if proved, should be a justification.* [There were at this period two hundred newspapers pub- lished in the United States ; 178 or 180 were in favor of the federal ad- ministration, about twenty were opposed to most of- the leading measures then adopted, and the greater portion of these were under the control of aliens.]! The opposition to the alien and sedition laws was very great in some parts of the country. In Virginia and Kentucky the legislatures declared them to be direct and gross infractions of the constitution, and appealed to the other states to join in opposition to them. At the next session of Congress, numerous petitions were presented for a repeal, but without avail at that time 4 When the president met the fifth Congress at the commencement of their third session, in December, 1798, General Washington was present in the representatives' hall, accompanied by Generals Pinckney and Ham- ilton. This was Washington's last visit to Philadelphia, previous to his death, which took place a year afterward. He was now at the seat of government for the purpose of consulting with the president in arrange- ments respecting the organization of a provisional army. The replies of both branches of Congress to the president's speech were in terms of decided approval of the measures recommended by him, particularly with regard to the course pursued toward France. Acts were passed for completing the organization of the army, and for augmenting the navy. The navy now began to be regarded with favor, and the presi- dent was authorized to contract for building six ships-of-war, of seventy- four guns ; and six sloops-of-war, of eighteen guns each ; for which pur- pose one million of dollars was appropriated. Acts were also passed, for the relief and protection of American sea- men, and authorizing the president to retaliate on subjects of other na- tions in cases of impressment ; to regulate trade and intercourse with the Indian tribes ; and farther to suspend the commercial intercourse between the United States and France. Sundry other measures of importance See Bradford's History of the Federal Government, and Sullivan's Letters, f Bradford. f Il.id. 134 ADMINISTRATION OF JOHN ADAMS. were adopted to provide for the exigencies of the country. The term of the fifth Congress expired March 3, 1799. Resistance to the laws for collecting a direct tax being made in the state of Pennsylvania, the governor of that state was called on by the president to order out the militia, which was done, and the insurrection was promptly suppressed. Before the adjournment of Congress, Mr. Adams had received intima- tions from the French government, through the American minister in Hol- land, Mr. William Vans Murray, that one or more envoys would be re- ceived for the purpose of holding diplomatic intercourse. The president, therefore, concluded to make a new attempt at negotiation, and on the 26th of February, 1799, he nominated to the senate Mr. Murray, Oliver Ells- worth (then chief justice), and Patrick Henry, as envoys to France, who were confirmed by the senate. Mr. Henry declined, and Governor Wil- liam R. Davie, of North Carolina, was substituted. In his letter decli- ning the appointment, Patrick Henry said : " I entertain a high sense of the honor done me by the president and the senate. Nothing short of absolute necessity could induce me to withhold my feeble aid from an ad- ministration whose abilities, patriotism, and virtue, deserve the gratitude and reverence of all their fellow-citizens." The president did not consult his cabinet on this occasion. When Mr. Pickering, secretary of state, and Mr. M'Henry, secretary of war, were informed that he intended a new mission, they remonstrated, and this made the breach, which had long been widening, irreparable. All those who had so far supported Mr. Adams's measures, considered it inconsistent with the honor and dignity of the nation to make any such attempt ; and that proposals to treat should come directly from France. General Ham- ilton, Gouverneur Morris, and other prominent supporters of the adminis- tration, were much opposed to the course adopted by the president on this occasion. The envoys to France delayed their departure till November, 1799, di- rect assurances not having beeta given to the president until October, that they would be favorably received by the French government. Hos- tilities between the two nations existed on the ocean, as already stated, without declaration of war, and upward of 300 private American vessels had been armed for self-defence. Depredations on American commerce had been committed for a long time by French cruisers, and an immense amount of property taken and destroyed. When the American ministers reached Paris, a change in the French government had taken place. Napoleon Bonaparte was then first consul, and immediately appointed three commissioners, of whom his brother Jo- seph was one, to treat with those from the United States. Articles were ratified by the French government in October, 1800, and afterward condi- tionally confirmed by the president and senate, before the close of Mr. ADMINISTRATION OF JOHN ADAMS. 135 Adams's administration. The senate suspended two articles of the treaty, for further negotiation, which were settled after Mr. Jefferson's accession to the presidency. The treaty was objected to in this country, that it did not definitely and expressly stipulate indemnification for recent depreda- tions, by French vessels, on American commerce. The claims of the United States on France were nof, indeed, abandoned, and the friends of the administration refrained from all denunciations and clamors against the treaty, from their confidence in the desire of the president and senate to sustain the honor and interest of the United States. The elections for members of the sixth Congress had terminated favor- ably for the administration of Mr. Adams ; and on the assembling of that body, in December, 1799, Theodore Sedgwick, of Massachusetts, a prom- inent federalist, was elected speaker. The answers of the two houses to the president's speech, expressed their entire approbation of the course of the president toward France, and their concurrence in his views on other subjects mentioned, particularly in persevering in a system of na- tional defence, however the mission to France might terminate. On the 18th of December, Congress received the afflicting intelligence of the death of General Washington, which was announced in the house of representatives by Mr. Marshall, of Virginia (afterward chief justice), and both houses immediately adjourned. The senate-chamber, and rep- resentatives' hall, were afterward dressed in mourning, and other demon- strations of respect and of the feelings of Congress, were adopted in mem- ory of the father of his country. At this session of Congress, which continued until the 14th of May, 1800, acts were passed further providing for the defence of the country and for the protection of commerce ; for maintaining peace with the Indi- ans ; and for the relief of persons imprisoned for debt in cases decided by the courts of the United States. A bankrupt law was also enacted, having been proposed and advocated at several preceding sessions. An addi- tional act was passed prohibiting the slave-trade, more explicit and exten- sive than the law of 1794. Additional duties were laid on sugar, molas- ses, and wines ; and acts were also passed for taking a census in 1 800, for erecting additional forts on the seacoast, for extending the postoffice establishment, and for the organization of Indiana territory. At this ses- sion, William H. Harrison appeared as the first delegate to Congress from the Northwest territory (now Ohio and Indiana). The conciliatory measures of the president toward France did not have the effect of lessening the opposition to his administration ; on the con- trary, the democratic party continually gained strength and new adherent*, and the violence of their censures and attacks upon the prominent meas- ures of the federal government, increased as the dangers of war with France passed away. The public expenditures for the support of the army and navy, the direct taxes, and excise, but above all, the alien and 136 ADMINISTRATION OF JOHN ADAMS. sedition laws, were the subjects of constant attack, and succor? jl efforts were made to render these measures unpopular with the people. The two parties in Congress selected, in caucus, their candidates for president and vice-president, for the support of the people ; the federalists presented the names of President Adams and General Charles Cotesworth Pinckney, brother to Thomas Pinckney, who was placed on the ticket with Mr. Adams in 1796; the democrats, or republicans, nominated Mr. Jefferson and Colonel Aaron Burr. As most of the presidential electors were to be chosen by the legislatures of the several states, the contest commenced in the election of members of the state legislatures. The most important, as well as one of the earliest of these elections, was that in the state of New York, which took place on the last two days of April and the first of May, 1800. The result of that contest, which was known before Congress adjourned, was favorable to the friends of Jeffer- son and Burr, thus reversing the vote of New York, which had been given to Adams and Pinckney in 1796. The hopes of the democrats were, of course, raised in a high degree, and that of the federalists proportionally depressed, by the prospects before them which this election presented. The question of the presidency was not, however, by any means, consid- ered as settled, and the public mind was destined to be deeply excited on the subject during the remainder of the year. Immediately after the New York election, President Adams abrup'ly dismissed two of his cabinet ministers, viz., Mr. Pickering, secretary of state, and Mr. M'Henry, secretary of war, an event which caused much sensation, and probably had some influence in reducing the federal- ists to a minority. General Hamilton subsequently came out with a letter censuring the public conduct and character of Mr. Adams ; which letter, disclosing a determined aversion to the president by so conspicuous a leader of the administration party, was considered as among the opera- tive causes of Mr. Adams's failure at the ensuing election. Hamilton, it is supposed, intended the pamphlet only for circulation at the south ; but, as it got into the hands of his opponents, its publication at New York Avas deemed indispensable. The object of the author of the letter appears to have been to secure the election of General Pinckney for president, but at the same time, he did not advise the withholding any of the votes of the fed- eral electors from Mr. Adams. It was believed, by some, that the state of South Carolina would vote for Jefferson and Pinckney, as was the case in 1796, but in the month of December, 1800, when it was known that South Carolina had given her electoral votes for Jefferson and Burr, the defeat of the federal candidates was settled. The votes of the electoral colleges were as follows : Jefferson, 73 ; Burr, 73 ; Adams, 65 ; Pinck- ney, 64 ; John Jay, 1. The votes for Jefferson and Burr being equal, it remained for the house of representatives to decide, according to the con- stitution, as it then stood, which should be president, and which vice-pres- ADMINISTRATION OF JOHN ADAMS. 137 ident. Thus a new turn was given to the excitement in the public mind. During the summer of 1800, the seat of government had been removed from Philadelphia to the new federal city of Washington, and at the lately- erected capitol President Adams met the sixth Congress, on the 22d of No- vember, 1800, when he delivered his last annual speech to the national leg- islature. He had, in May previous, appointed John Marshall, of Virginia, secretary of state, and Samuel Dexter, of Massachusetts, secretary of war. On the 31st of December following, Oliver Wolcott resigned, as secretary of the treasury, and Mr. Dexter was appointed in his place. Roger Gris- wold, of Connecticut, was appointed secretary of war on the 3d of Febru- ary, 1801. The most important acts of Congress, from November, 1800, to March 3, 1801, were the following : An additional law relating to the federal ju- diciary, which divided the United States into six circuits, and provided for the appointment of three judges in each, leaving the judges of the supreme court to exercise power as a court of appeals, and for the correction of er- rors. An act for a naval peace establishment, by which the president was empowered, when he should think it safe and proper, to sell the ships of the United States, except thirteen of the largest frigates ; that six of these be hauled up and dismantled, and the others retained in service. An act for continuing the mint at Philadelphia, and for directing the mode of es- timating foreign coins ; for extending routes for conveying the public mails ; and for erecting several new lighthouses on the seacoasts. The subject of erecting a mausoleum or monument to the memory of Washington, was frequently discussed in Congress during this session. It was voted, by the house of representatives, to erect a mausoleum, and one hundred thousand dollars were appropriated for the purpose ; but the sen- ate rejected the plan, and decided in favor of a monument, as it would be less expensive, and voted only fifty thousand dollars to complete it.* Between the 13th of February and the 4th of March, 1801, President Adams appointed, with the consent of the senate, all the judges for the new courts, and the commissions were issued. The individuals selected for these offices were men of high standing, but the law was condemned by the democratic party, and the judges were called " the midnight judges of John Adams," in allusion to the supposed time of appointment, at the close of his official duties. In consequence of the repeal of the law under which they were appointed, these judges lost their offices, in the early part of Mr. Jefferson's administration. On tho 1 1th of February, 1801, the votes for president and vice-presi- dent were counted, in the senate-chamber, in the presence of botli houses of Congress, when, the tellers having announced the result, the vice-pres- 'dent (Mr. Jefferson) declared, that Thomas Jefferson and Aaron Burr Bradford. 138 ADMINISTRATION OF JOHN ADAMS. being equal in the number of votes, it remained for the house of repre- sentatives to determine the choice. Thereupon, the members of the house returned to their chamber, when it was ascertained that 104 members were present, one deceased, and one absent, from sickness. The first ballot, (being by states, according to the constitution) was eight states for Mr. Jeflerson, six states for Mr. Burr, and two divided, which result continued to be the same after balloting thirty-five times. The number of those who voted for Burr was 53, all federalists, and 51 for Jefferson, all repub- licans, or democrats, with one or two exceptions. On the 3Gth ballot, which took place on the 17th of February, several of the members who had voted for Burr, withdrew their opposition to the election of Mr. Jef- ferson, by putting in blank votes, in consequence of which, there appeared for Jeflerson ten states, for Burr four, viz., New Hampshire, Massachu- setts, Connecticut, and Rhode Island, and there were two blanks, viz., Delaware and South Carolina. Mr. Jefferson was thereupon elected president, and Colonel Burr vice-president, for four years from the fourth of March, 1801. The friends of the administration of Mr. Adams generally supported Colonel Burr, without any concert or understanding with him, but believ- ing him to be more in favor of the policy before pursued, than Mr. Jeffer- son, particularly on the subject of commerce. Of the character of Mr. Adams's administration, much difference of opinion still prevails ; but viewing it in continuation of that of Washing- ton, Mr. Bradford, in his history of the federal government, remarks : " By the prudent and pacific, yet firm and decided measures of the fed- eral government, for twelve years, the character of the United States had become highly respectable among the greatest statesmen of Europe. Its policy exhibited a happy union of energy and magnanimity ; and it was respected alike for its wisdom and power. The nation was placed in a commanding attitude of defence, while liberty, peace, and improvement, were everywhere witnessed within its jurisdiction. Public credit had been fully established ; and able and faithful men had been selected for the public agents ; men whose patriotism had been proved by eight years, service devoted to their country's welfare " BIOGRAPHICAL SKETCH OF THOMAS JEFFERSON. THE life of Thomas Jefferson, the third president of the United States, is one of the most interesting and instructive among those of the distinguished persons whose names are identified with American history. In the charac- ter of this extraordinary man, as well as in the events of his life, we are presented with a combination of philosophical attainments and political talents, of benevolent feelings, and ambitious aspirations, rarely found united in the same individual, and still more rarely resulting in the popu- lar veneration bestowed upon his name by a large portion of his country- men ; while by others he has been regarded in an unfavorable light as a statesman and a ruler, particularly in the effect of his political principles upon the American people, over whom he acquired such an astonishing ascendency. The family of Jefferson were among the early emigrants from Great Britain to Virginia. " The' tradition in my father's family," the subject of this sketch says, in his own memoirs, " was, that their ancestor came to this country from Wales, arid from near the mountain of Snowdon ; but the first particular information I have of any ancestor, was of my grand- father, who lived at the place in Chesterfield called Osborne's, and owned the lands, afterward the glebe of the parish. He had three sons : Thomas, who died young ; Field, who settled on the waters of the Roanoke, and left numerous descendants ; and Peter, my father, who settled on the lands I still own, called Shadwell, adjoining my present residence. He was born February 29, 1707-'8, and intermarried, 1739, with Jane Ran- dolph, of the age of 1 9, daughter of Isham Randolph, one of the seven sons of that name and family settled in Goochland. They traced their pedigree far back in England and Scotland, to which let every one ascribe the faith and merit he chooses." At the above-named place, Shadwell, in Albomarle county, Virginia, Thomas Jefferson was born, on the 2d of April (old style), 1743. His 140 BIOGRAPHICAL SKETCH OF JEFFERSON. father, Peter Jefferson, a man of some distinction in the colony, died in 1757, leaving a widow (who lived until 1776) with two sons and six daughters. These children inherited a handsome estate from their father : Thomas, the eldest, received the lands which he called Monticello, on which he resided, when not in public life and when he died. At the age of five, his father placed him at an English school, and at nine years of age he commenced the study of Latin and Greek, with Mr. Douglass, a Scotch clergyman, who also instructed him in French. On the death of his father, he was placed under the tuition of another clergy- man, Mr. Maury, a classical scholar, with whom he pursued his studies two years. In the spring of 1760, he entered William and Mary College, where he continued two years. Dr. William Small, of Scotland, was then professor of mathematics, and is described by Mr. Jefferson as " a man profound in most of the useful branches of science, with a happy talent of communication, correct and gentlemanly manners, and an enlarged and liberal mind. He, most happily for me," he adds, " became soon attached to me, and made me his daily companion when not engaged in the school ; and from his conversation I got my first views of the expansion of sci- ence, and of the system of things in which we are placed. He returned to Europe in 1762, having previously filled up the measure of his good- ness to me, by procuring for me, from his most intimate friend, George Wythe, a reception as a student at law under his direction, and introducing me to the acquaintance and familiar table of Governor Fauquier, the ablest man who had ever filled that office. Mr. Wythe continued to be my faithful and beloved mentor in youth, and my most affectionate friend through life. In 1767, he led me into the practice of the law, at the bar of the general court, at which I continued until the revolution shut up the courts of justice." " It has been thought," says Mr. Wirt, " thaf Mr. Jefferson made no fig- ure at the bar ; but the case was far otherwise. There are still extant, in his own fair and neat hand, in the manner of his master, a number of ar- guments wliich were delivered by him at the bar, upon some of the most intricate questions of the law ; which, if they shall ever see the light, vill vindicate his claim to the first honors of his profession. It is true, he was not distinguished in popular debate ; why he was not so, has often been matter of surprise to those who have not seen his eloquence on pa- per, and heard it in conversation. He had all the attributes of the mind, and the heart, and the soul, which are essential to eloquence of the high- est order. The only defect was a physical one : he wanted volume and compass of voice for a large, deliberative assembly ; and his voice, from the excess of his sensibility, instead of rising with his feelings and concep- tions, sank under their pressure, and became guttural and inarticulate. The consciousness of this infirmity repressed any attempt in a large body in which he knew he must fail. But his voice was all-sufficient for the BIOGRAPHICAL SKETCH OF JEFFERSON. 141 purposes of judicial debate ; and there is no reason to doubt that, if the service of his country had not called him away so soon from his profes- sion, his fame as a lawyer would now have stood upon the same distin- guished ground which he confessedly occupies as a statesman, an author, and a scholar. " At the time of Mr. Jefferson's appearance," the same writer remarks, " the society of Virginia was much diversified, and reflected pretty dis- tinctly an image of that of England. There was, first, the landed aris- tocracy, shadowing forth the order of English nobility ; then the sturdy yeomanry, common to them both ; and last, a f&culum of beings, as they were called by Mr. Jefferson, corresponding with the mass of the English plebeians. " Mr. Jefferson, by birth, belonged to the aristocracy : but the idle and voluptuous life which marked that order had no charms for a mind like his. He relished better the strong, unsophisticated, and racy character of the yeomanry, and attached himself, of choice, to that body. He was a republican and a philanthropist, from the earliest dawn of his character. He read with a sort of poetic illusion, which identified him with every scene that his author spread before him. Enraptured with the brighter ages of republican Greece and Rome, he had followed with an aching heart the march of history which had told him of the desolation of those fairest portions of the earth ; and had read, with dismay and indignation, of that swarm of monarchies, the progeny of the Scandinavian hive, under which genius and liberty were now everywhere crushed. He loved his own country with a passion not less intense, deep, and holy, than that of hi? great compatriot (John Adams) : and with this love he combined an ex panded philanthropy which encircled the globe. From the working of the strong energies within him, there arose an early vision, too, which cheered his youth and accompanied him through life the vision of eman cipated man throughout the world."* While he was a student of law at Williamsburg, in 1765, Mr. Jefferson heard the celebrated speech of Patrick Henry, in the Virginia house of delegates, against the stamp-act ; animated by the eloquence of Henry, he from that time stood forward as a champion for his country. In 1769, he was chosen by the people of his county to represent them in the legislature of the colony, a station that he continued to fill up to the period of the revolution. In that capacity he made an effort, which was not successful, for the emancipation of slaves in Virginia. In January, 1772, Mr. Jefferson married Mrs. Martha Skelton, a widow of twenty-three years of age, daughter of Mr. John Waylcs, an eminent lawyer of Virginia, who left her a considerable fortune. On the 12th of March, 1773, Mr. Jefferson was chosen a member of the first committee of correspondence established by the colonial Icgisla- Wirt's Eulogy on Adams and Jefferson. 142 BIOORAPHICAL SKETCH OF JEFFERSOJS. lures. In 1774, he published his "Summary "View of the Rights of British America," a powerful pamphlet, addressed to the king of Great Britain, in which he set forth the true relations between the mother-coun- try and colonies, as claimed by the people of this country. This pam- phlet was republished in England, under the auspices of Edmund Burke. In 1775, he was elected one of the delegates to represent Virginia in the continental Congress, of which body he was for several years one of the most active members. The Virginia delegates having, in pursuance of instructions from their provincial convention, moved a resolution in fa- vor of the independence of the colonies, that question was taken up in Congress, and, after debate, referred to a committee of five, of whom Mr. Jefferson was chosen chairman. The committee, whose names are given in our biography of Mr. Adams, requested Mr. Jefferson to prepare the Declaration of Independence. To this he consented, although then one of the youngest members of Congress, and his draught of that paper, which is the principal monument of his fame, was accepted by the com- mittee and by Congress, with few amendments, and finally adopted on the 4th of July, 1776. The new state government of Virginia having been organized the same year, while Mr. Jefferson was in Congress, and he having been elected a member of the legislature, where he thought he could be useful in framing tlie laws required under a republican form of government, he resigned his place in Congress, and took his seat in the Virginia legislature, in October. In this station he acted as one of a commission for revising the laws of the commonwealth. Among the laws proposed by him, and adopted, were those prohibiting the future importation of slaves ; for abolishing the law of primogeniture, and providing for the equal partition of inheritances ; for establishing re- ligious freedom ; and for a system of general education ; which last meas- ure was never carried into practice in the state. The benevolence of Mr. Jefferson's character is shown in a transaction which took place in 1779. Congress had deemed it prudent to retain in this country the British troops who were captured at Saratoga on the sur- render of Burgoyne, until the British government ratified the agreement of their commanding officer. These troops were removed into the inte- rior of the county, and Charlottesville, in Virginia, in the immediate vicinity of Mr. Jefferson's residence, was selected for their residence. There they were sent in the early part of 1779, although the barracks were in an unfinished state, the provisions for their sustenance insufficient, and the roads in a bad condition. Mr. Jefferson and some of his neigh- bors did all in their power to alleviate the distresses of the troops, and the circumstances of their captivity. After arrangements were made for their accommodation, the governor and council, in consequence of the representations of persons who apprehended a scarcity of provisions, BIOGRAPHICAL SKETCH OF JEFFERSON'. 143 determined, as they were authorized to do by Congress, to remove the prisoners to another state, or to some other part of Virginia. This intention was heard by the officers and men with distress, and with regret by Mr. Jefferson and his neighbors. He therefore addressed a letter to Governor Henry, in which he stated, in earnest and feeling language, the inhumanity and impolicy of the proposed measure. This appeal was successful, and the troops were suffered to remain at Char- lottesville. From the British officers Mr. Jefferson received many let- ters of thanks for his kindness and hospitality, which they did not for- get in his subsequent visit to Europe. When the time arrived for their leaving Virginia to return to England, the officers united in a letter of re- newed thanks and respectful farewell to him. In his reply Mr. Jefferson said : " The little attentions you are pleased to magnify so much, never deserved a mention or thought. Opposed as we happen to be, in our sen- timents of duty and honor, and anxious for contrary events, I shall, never- theless, sincerely rejoice in every circumstance of happiness and safety which may attend you personally." On the first of June, 1779, Mr. Jefferson was elected by the legislature to succeed Patrick Henry, the first republican governor of Virginia. Af- ter holding the office two years, he retired to private life, and soon after- ward he narrowly escaped capture by a company of 250 British cavalry, who were sent into the interior for the purpose of surprising and making prisoners the members of assembly at Charlottesville. No one was taken, and Mr. Jefferson, when pursued, escaped on his horse, through the woods at Carter's mountain. He was the same year elected a member of the legislature. In 1781, Mr. Jefferson wrote his " Notes on Virginia," in reply to cer- tain questions addressed to him by M. de Marbois, the secretary of lega- tion from France in the United States, embracing a general view of its geography, natural productions, statistics, government, history, and laws. This little work, which has been very generally admired for its style and variety of information, was soon after published, both in French and English. He had, in 1776, declined the appointment of commissioner, with Frank- lin and Deane, to negotiate treaties with France. In 1782, Congress ap- pointed him a minister plenipotentiary, to join those who were in Europe, to negotiate a treaty of peace with Great Britain, but intelligence having been received that preliminaries had been signed, Congress dispensed with his leaving the United States. Having been again elected a delegate to Congress, in 1783, he was chairman of the committee to whom the treaty of peace with Groat Brit- ain was referred ; and on the report of this committee the treaty was unanimously ratified. In 1784, he wrote notes on the establishment of a coinage for the United States, and proposed a different money unit from 144 BIOGRAPHICAL SKETCH OF JEFFERSON. that supported by Robert Morris, the continental financier, and of his as- sistant, Gouverneur Morris. To Mr. Jefferson we are indebted for the dollar as the unit, and our present system of coins and decimals. As a member of Congress, Mr. Jefferson made but few speeches. He remarks : " I served with General Washington in the legislature of Vir- ginia, before the revolution, and during it,^with Dr. Franklin in Congress. I never heard either of them_^pjeak ten minutes at a time, nor to any but . thejnain point which was to decide the question." He was appointed by Congress, in May, 1784, with Adams and Frank- lin, a minister plenipotentiary to negotiate treaties of commerce with for- eign nations. In July he sailed from Boston for Europe, with his eldest daughter, and joined the other commissioners, at Paris, in August. Ne- gotiations were only successful with Prussia and Morocco. In March, 1785, Mr. Jefferson was appointed by Congress to succeed Dr. Franklin as minister at the French court, and remained in France until Octo- oer, 1789. During his residence in Paris, his society was courted by Condorcet, D'Alembert, Morrellet, and other distinguished literary and scientific men of France ; and in the gayety, learning, taste, elegance, and hospitality of Paris, he found the pleasures most congenial to his disposition. In the month of October, 1789, he obtained leave of absence for a short time, and returned to the United States. He arrived at Norfolk on the 23d of November, and on his way home received from President Washington a letter offering him the appointment of secretary of state, at the organiza- tion of the federal government under the constitution, which had then recently been adopted. His inclinations were to return to France, as min- ister, which was left at his option by the president, but he finally conclu- ded to accede to the wishes of Washington that he should accept the seat in his cabinet offered to him. His reports, while secretary of state, on the currency, on weights and measures, on the fisheries, and on commer- cial restrictions, as well as his correspondence with foreign ministers, gave ample proofs of his ability as a statesman. In 1790, Mr. Jefferson accompanied President Washington on a visit to Rhode Island, after that state had accepted the federal constitution. In 1791, being called on by the president for his opinion on the act passed by Congress establishing a national bank, he made a written communication, objecting to the institu- tion as unconstitutional. The bill was, however, approved by President Washington. On the 31st of December, 1793, Mr. Jefferson resigned his seat in the cabinet, and retired to private life, at Monticello. While hold- ing office under Washington, he had disapproved of many of the measures ') of his administration, particularly in those which originated with the sec- retary of the treasury. Hamilton. Between that gentleman and Mr. Jef- ferson there were irreconcilable differences of opinion on political mat- ters, which caused constant bickerings in the cabinet first formed by Gen BIOGRAPHICAL SKETCH OF JEFFERSON. 145 eral Washington. The opposition to the federal administration assiimed an organized form under the auspices of Mr. Jefferson. By his advice, the opposition party, which had been called anti-federalists, claimed the name of republicans, while their federal opponents called them democrats after that name was introduced here from France. The term democra was seldom used or countenanced by Mr. Jefferson. In 1796, the political friends of Mr. Jefferson brought him forward as a candidate for president, but as Mr. Adams received the highest number of votes, that gentleman was elected president, and Mr. Jefferson vice-presi- dent, for four years from March 4, 1797. During that period, when- not presiding in the senate, his time was passed in his favorite retreat at Mon- ticello. He wrote a manual for the senate, which has ever since been the standard guide of Congress, as well as other political bodies, in the rules for transacting business. In 1800, Mr. Jefferson was again nominated by his party, for president, and received a majority of votes over Mr. Adams. The votes for Mr. Jef- ferson and Colonel Burr, the republican candidates for president an J vice- president, being equal, the house of representatives, as then required by the constitution, were called upon to decide which should be president. When the election came on in the house, the political opponents of Mr. Jefferson voted for Burr ; but on the 36th ballot, the opposition being par tially withdrawn, Mr. Jefferson was elected president, and Colonel Bun became, of course, rice-president. Of the events of Mr. Jefferson's administration we shall speak in an other place. He was re-elected president in 1804, and retired finally from public life March 4, 1809. The remaining seventeen years of his life were passed in the tranquillity of Monticello. " Here," says Mr. Webster, " he lived as became a wise man. Surrounded by affectionate friends, his ardor in the pursuit of knowledge undiminished, with uncom- mon health, and unbroken spirits, he was able to enjoy largely the rational pleasures of life, and to partake in that public prosperity which he had so much contributed to produce. His kindness and hospitality, the charm of his conversation, the ease of his manners, the extent of his acquire- ments, and especially the full store of revolutionary incidents which he possessed, and which he knew when and how to dispense, rendered his abode in a high degree attractive to his admiring countrymen, while his public and scientific character drew toward him every intelligent and edu- cated traveller from abroad." The correspondence of Mr. Jefferson was extensive through life. In his latter years he renewed his intimacy with Mr. Adams, and the letters between the two ex-presidents which were published, are of the most friendly character. The principal object in which Mr. Jefferson took an interest in his de- clining years, was that of a system of education in Virginia, especially in VOL. I. 10 146 BIOGRAPHICAL SKETCH OF JBFFER8ON. the supcrindfcdence of the university of Virginia, which was founded in 1818, through his instrumentality. This institution was located at Char- lottesville, at the foot of the mountain on which Monticello is situated, and Mr. Jefferson acted as rector from the time of its foundation until his death. The pecuniary circumstances of Mr. Jefferson became embarrassed in his old age. He was compelled to dispose of his library, which was pur- chased by Congress for $30,000, and in 1825 he applied to the legislature of Virginia for leave to dispose of his estate at Monticello by lottery, to prevent its being sacrificed in payment of his debts. His request was granted, but his earthly career was closed before his wishes could be car- ried into effect. After a short illness, he died the following 4th of July, 1826, the aniversary of that day which fifty years before had been ren- dered memorable by that declaration of independence which had emana- ted from his pen. We have mentioned in another place the remarkable coincidence that his compatriot, John Adams, died on the same day. In a private memorandum left by Mr. Jefferson, he desired that a small granite obelisk might be erected over his remains, with the following in- scription : Here was buried THOMAS JEFFERSON, Author of the Declaration of Independence, Of the Statute of Virginia for Religious Freedom, And Father of the University of Virginia. The age of Mr. Jefferson at the time of his death, was a little over eighty-three years. His wife died in 1782, leaving three daughters, one of whom died young, one married John W. Eppes, and the other Thomas M. Randolph, both of Virginia, the latter afterward governor of the state. Mrs. Eppes died in 1804, while Mr. Jefferson was president; Mrs. Ran- dolph survived him. In person Mr. Jefferson was beyond the ordinary dimensions, being six feet two inches in height, thin, but well formed, erect in his carriage, and imposing in his appearance. His complexion was fair, his hair, originally red, became white and silvery in old age ; his eyes were light blue, sparkling with intelligence, and beaming with philanthropy ; his nose was large, -his forehead broad, and his whole countenance indicated great sen- sibility and profound thought. His manners were simple and unpolished, yet dignified, and all who approached him were rendered perfectly at ease, both by his republican habits and his genuine politeness. His disposition being cheerful, his conversation was lively and enthusiastic, remarkable for the chastity of his colloquial diction and the correctness of his phrase- ology. He disliked form and parade, and his dress was remarkably plain, and often slovenly Benevolence and liberality were orominent traits of BIOGRAPHICAL SKETCH OF JEFFERSON. 147 hr disposition. To his slaves he was an indulgent master. ' As a neigh- bor, he was much esteemed for his liberality and friendly offices. As a friend, he was ardent and unchangeable ; and as a host, the munificence of his hospitality was carried to the excess of self-impoverishment. He possessed great fortitude of mind, and his command of temper was such that he was never seen in a passion. As a man of letters, and a votary of science, he acquired high distinction. In the classics, and in several European languages, as well as in mathe- matics, he attained a proficiency not common to American students. With regard to his political opinions, and his character as a statesman, his countrymen have widely differed in their estimates. By some per- sons he has been considered as one of the most pure, amiable, dignified, wise, and patriotic of men. By others he has been considered as re- markably defective in the qualities which dignify and adorn human life, and as one of the most wrong-headed statesmen that ever lived. Poster- ity will judge which of these opinions is right, and which is wrong. His writings which, agreeably to directions left by him, have been published since his death, afford ample materials for judging of his character. They consist of four volumes, octavo, of correspondence, anas, &c. The religious opinions of Mr. Jefferson were peculiar and eccentric. His writings show that he was a free-thinker, with a preference for some of the doctrines of Unitarian ism. In a letter to a friend he says : " I have to thank you for your pamphlets on the subjects of unitarianism, and to express my gratification with your efforts for the revival of primitive Christianity in your quarter. And a strong proof of the solidity of the primitive faith is its restoration, as soon as a nation arises which vindi- cates to itself the freedom of religious opinion, and its external divorce from civil authority. I confidently expect that the present generation will see unitarianism become the general religion of the United States." In a letter to William Short, dated April, 1820, when alluding to the subject of religion, Mr. Jefferson remarks : " But it is .not^to be under- stood that I am wjjk-him [JesuslJn all his doctrines. I am a materialist ; he takes the side of spiritualism ; he preaches the efficacy of repentance toward forgiveness of sin ; I require a counterpoise of good works to re- deem it, &c., &c. It is the innocence of his character, the purity and sublimity of his moral precepts, the eloquence of his inculcations, the beauty of the apologues in which he conveys them, that I so much ad- mire ; sometimes, indeed, needing indulgence to eastern hyperbolism. My eulogies, loo, may be founded on a postulate which all may not be ready to grant. Among the sayings and discourses imputed to him by his biog- raphers, I find many passages of fine imagination, correct morality, and of the most lovely benevolence ; and others, again, of so much ignorance, so much absurdity, so much untruth, charlatanism, and imposture, as to pro- nounce it impossible that such contradictions should have proceeded from 148 BIOGRAPHICAL SKETCH OF JWFERSON. the same being. I separate, therefore, the gold from the dross ; restore to him the former, and leave the latter to the stupidity of some, and roguery of others of his disciples. Of this band of dupes and impostors, Paul was the great Coryphaeus, and first corrupter of the doctrines of Je- sus. These palpable interpolations and falsification of his doctrines led me to try to sift them apart. I found the work obvious and easy, and that his part composed the most beautiful morsel of morality which has been given to us by man." The following is an extract from the last letter of Mr. Jefferson, written only ten days previous to his death : "MONTICELLO, June 24, 1826. " RESPECTED SIR : The kind invitation I received from you, on the part of the citizens of Washington, to be present with them at their cele- bration on the fiftieth anniversary of American independence, as one of the surviving signers of an instrument pregnant with our own, and the fate of the world, is most flattering to myself, and heightened by the hon- orable accompaniment proposed for the comfort of such a journey. It adds sensibly to the sufferings of sickness, to be deprived by it of a personal participation in the rejoicings of that day. But acquiescence is a duty, under circumstances not placed among those we are permitted to control. May that day be to the world, what I believe it will be (to some parts sooner, to others later, but finally to all) the signal of arousing men to burst the chains under which monkish ignorance and superstition had per- suaded them to bind themselves, and to assume the blessings and security of self-government. For ourselves, let the annual return of this day for ever refresh our recollections of these rights, and an undiminished devo- tion to them. "TH. JEFFEKSOH. " To Mr. WEIOHTMAN." JEFFERSON'S ADDRESSES AND MESSAGES. INAUGURAL ADDRESS. MARCH 4, 1801. Friends and Fellow- Citizens : 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 na- tion, 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 com- mitted to the issue and the auspices of this day, I shrink from the contem- plation, and humble myself before the magnitude of the undertaking. Utterly indeed, should 1 despair, did not the presence of many whom 1 here see remind me, that in the /other high authorities provided by our constitution 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 associ- ated with you, 1 look with encouragement for that guidance and support which may enable us to steer with safety the vessel in which we arc all embarked amid the conflicting elements of a troubled world. During the contest of opinion through which we have passed, the ani- mation of discussion and of exertions has sometimes worn an aspect which might impose on strangers unused to think freely and to speuk and to write what they think ; but this being now decided by the voice of the nation, announced according to the rules of the constitution, all will, of course, arrange themselves under the will of the law, and unitu in com- mon efforts for the common good. All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must bo reasonable ; that the minority possess their equal rights, which equal laws must protect, and to violate which would be oppression. Let us, then, fellow-citizens, unite with one heart 150 JEFFERSON'S INAUGURAL ADDRESS. and one mind. Let us restore to social intercourse that harmony and affection without which liberty and even life itself are but dreary things. And let us reflect that having banished from our land that religious intole- rance 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 :uid convulsions of the ancient world, during the agonizing spasms of infuriated man, seeking through blood and slaughter his long-lost liberty, 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 ; that this should divide opinions as to measures of safety But every difference of opinion is not a difference of principle. We have called by different names brethren of the same principle. We are all re- publicans 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 republican 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 visionary fear that this government, the world's best hope, may by possibility want energy to preserve itself? I trust not. 1 believe this, on the contrary, the strongest government on earth. I believe it the only one where every man, at the call of the laws, 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 our union and representative gov- ernment. Kindly separated by nature and a wide ocean from the exter- minating 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 hundredth and thousandth generation ; entertaining a due sense of our equal right to the use of our own facul- ties, to the acquisitions of our industry, to honor and confidence from our fellow-citizens, resulting not from birth but from our actions and their sense of them ; enlightened by a benign religion, professed, indeed, and practised in various forms, yet all of them including honesty, truth, tem- perance, gratitude, and the love of man ; acknowledging and adoring an overruling Providence, which by all its dispensations proves that it de- lights 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 prosperous people ? Still one thing more, fellow-citizens a wise and frugal government, which shall restrain men from injuring one another, which shall leave them otherwise free to regulate their own pursuits of industry atid 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 compre- hend everything dear and valuable to you, it is proper that you should JEFFERSON'S INAUGURAL ADDRESS. 151 understand what I deem the essential principles of our government, and consequently those which ought to shape its administration. I will com- press them within the narrowest compass they will bear, stating the gen- eral principle, but not all its limitations. Equal and exact justice to all men, of whatever state or persuasion, religious or political ; peace, com- merce, 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 bul- warks against anti-republican 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 ; abso- lute acquiescence in the decisions of the majority the vital principle of republics, from which there is no appeal but to force, the vital principle and immediate parent of despotism ; a well-disciplined militia our best reliance in peace and for the first moments of war, till regulars may re- lieve them ; the supremacy of the civil over the military authority ; econ- omy in the public expense, that labor may be lightly burdened ; the honest payment of our debts and sacred preservation of the public faith ; en- couragement of agriculture, and of commerce as its handmaid ; the diffu- sion of information and the arraignment of all abuses at the bar of public reason ; freedom of religion ; freedom of the press ; freedom of person under the protection of the habeas corpus ; and trial by juries impartially selected these principles form the bright constellation which has gone before us, and guided our steps through an age of revolution and reforma- tion. The wisdom of our sages and the blood of our heroes have been devoted to their attainment. They should be the creed of our political faith the text of civil instruction the touchstone by which to try the services of those we trust ; and should we wander from them in moments of error or alarm, let us hasten to retrace our step's and to regain the road which alone leads to peace, liberty, and safety. I repair, then, fellow-citizens, to the post you have assigned me. With experience enough in subordinate offices to have seen the difficulties of this, the greatest of all, I have learned 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 con- fidence reposed in our first and great revolutionary character, whose pre- eminent services had entitled him to the first place in his country's love, and destined for him the fairest page in the volume of faithful history, I ask so much 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 your in- dulgence for my own errors, which will never be intentional ; and your 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 consolation to me for the past ; and my future solicitude will be to re- tain the good opinion of those who have bestowed it in advance, to con- ciliate 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 obe- dience to the work, ready to retire from it whenever you become sensible 152 JEFFERSON'S FIRST ANNUAL MESSAGE. how much better choice it is in your power to make. And may that In- finite 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 pros- perity. [In communicating his first message to Congress, President Jefferson addressed the following letter to the presiding officer of each branch of the national legislature.] December 8, 1801. SIR : The circumstances under which we find ourselves placed render- ing inconvenient the mode heretofore practised of making by personal address the first communication between the legislative and executive branches, I have adopted that by message, as used on all subsequent oc casions 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 public afl'airs. Trusting that a procedure founded in these motives will meet their appro- bation, I beg leave, through you, sir, to communicate the enclosed 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. THOMAS JEFFERSON. The Hon. tlie President of the Senate. FIRST ANNUAL MESSAGE. DECEMBER 8, 1801. Fellow-Citizens of the Senate and House of Representatives : IT is a circumstance of sincere gratification to me, that on meeting the great council of our nation, I am able to announce to them, on grounds of reasonable certainty, that the wars and troubles which have for so many years afflicted our sister nations have at length come to an end, and that the communications of peace and commerce are once more opening among them. While we devoutly return thanks to the beneficent Being who has been pleased to breathe into them the spirit of conciliation and forgive- ness, we are bound with peculiar gratitude to be thankful to him that our own peace has been preserved through so perilous a season, and ourselves permitted quietly to cultivate the earth and to practise and improve those arts which tend to increase our comforts. The assurances, indeed, of friendly disposition, received from all the powers with whom we have principal relations, had inspired a confidence that our peace with them would not have been disturbed. But a cessation of the irregularities which had affected the commerce of neutral nations, and of the irritations and in- juries produced by them, can not but add to this confidence ; and strength- ens, at. the same time, the hope, that wrongs committed on unoffending friends, under a pressure of circumstances, will now be reviewed with candor, and will be considered as founding just claims of retribution for the past and new assurance for the future. JEFFERSON'S FIRST ANNUAL MESSAGE. 153 Among our Indian neighbors, also, a spirit of peace and friendship gen- erally prevails ; and I am happy to inform you that the continued efforts to introduce among them the implements and the practice of husbandry, and of the household arts, have not been without success ; that, they are be- coming more and more sensible of the superiority of this dependence for clothing and subsistence over the precarious resources of hunting and fish- ing ; 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 exists. 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 comply 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 salutary. The bey had already declared war in form. His cruisers were out. Two had arrived at Gibraltar. Our commerce in the Mediterranean was blockaded and that of the Atlantic in peril. The ar- rival of our squadron dispelled the danger , One of the Tripolitan cruisers having fallen in with and engaged the small schooner Enterprise, com- manded by Lieutenant Sterret, which had gone as a tender to our larger vessels, was captured, after a heavy slaughter 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 hu- man race, and not to its destruction. Unauthorized by the constitution, without the sanction of Congress, to go beyond the line of defence, the vessel being disabled from committing further hostilities was liberated with its crew. The legislature will doubtless consider whether, by au- thorizing measures of offence also, they will place our force on an equal footing with that of its adversaries. I communicate all material informa- tion on this subject, that in the exercise of the important 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 to reduce the ensuing rates of repre- sentation and taxation. You will perceive that the increase of numbers during the last ten years, proceeding in geometrical ratio, promises a dupli- cation in little more than twenty-two years. We contemplate this rapid 54 JEFFERSON'S FIRST ANNUAL MESSAGE. growth and the prospect it holds up to us, not with a view to the injuries it may enable us to do to others in some future day, but to the settlement of the extensive country still remaining vacant within our limits, to the multiplications of men susceptible of happiness, educated in the love of order, habituated to self-government, and valuing its blessings above all price. Other circumstances, combined with the increase of numbers, have pro- duced an augmentation of revenue arising from consumption, in a ratio far beyond that of population alone, and though the changes of foreign rela- tions now taking place so desirably for the world may for a season aflect this branch of revenue, yet weighing all probabilities of expense, as well as of income, there is reasonable ground of confidence that we may now safely dispense with all the internal taxes, comprehending excises, stamps, auctions, licenses, carriages, and refined sugars, to which the Dostage on newspapers maybe added to facilitate the progress of information, and that the remaining sources of revenue will be sufficient to provide for the sup- port of government, to pay the interest of the public debts, and to discharge the principals in shorter periods than the laws or the general expectation had contemplated. War, indeed, and untoward 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 for wars to happen we know not when, and which might not perhaps happen but from the temptations ofi'ered by that treasure. These views, however, of reducing our burdens, are formed on the ex- pectation that a sensible, and at the same time a salutary reduction, may take place in our habitual expenditures. For this purpose, those of the civil government, the army, and navy, will need revisal. When we consider that this government is charged with the external and mutual relations only of these states ; that the states themselves have principal care of our persons, our property, and our reputation, consti- tuting the great field of human concerns, we may well doubt whether our organization is not too complicated, too expensive ; whether offices and officers have not been multiplied unnecessarily, and sometimes injuriously to the service they were meant to promote. I will cause to be laid be- fore you an essay toward a statement of those who, under public employ- ment of various kinds, draw money from the treasury or from our citizens. Time has not permitted a perfect enumeration, the ramifications 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 necessary. The expenses of diplo- matic agency have been considerably diminished. The inspectors of in- ternal revenue who were found to obstruct the accountability of the insti- tution, 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 sanction. 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 abolished. 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 executive information can yield. JEFFERSON'S FIRST ANNUAL MESSAGE. 155 Considering the general tendency to multiply offices and dependencies, and to increase expense to the ultimate term of burden which the citizen can bear, it behooves us to avail ourselves of every occasion which pre- sents 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 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 appro- priating specific sums to every specific purpose susceptible of definition ; by disallowing all applications of money varying from the appropriation 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 accountabilities for money where the examination maybe prompt, efficacious, and uniform 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 The success which has attended the late sales of the public lands shows that with attention they may be made an important source of receipt Among the payments, those made in discharge of the principal and inter est of the national debt will show 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 effected by such modifications of the systems of expense as you shall think proper to adopt. A statement' has been formed by the secretary of war, on mature con- sideration, of all the posts and stations where garrisons will be expedient, 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 defence 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 foe, it is best to rely, not only to meet the first attack, but if it threatens to be per- manent, to maintain the defence 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 show themselves in the laws for regulating the militia, until they are sufficiently 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 ene- my at our door. The provisions 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 carried, some difference of opinion may be expected to appear ; but just attention to the circumstances of every part of the Union will doubtless reconcile all. A small force will probably continue to be wanted for actual service in the Mediterranean. Whatever annual sum beyond that you may think proper to appropriate to naval preparations, would perhaps be better employed in providing those articles which may be kept without 156 JEFFERSON'S FIKST ANNUAL MESSAGE. waste or consumption, and be in readiness when any exigence calls them into use. Progress has been made, as will appear by papers now com- municated, in providing materials for seventy-four-gun ships as directed by law. How far the authority given by the legislature for procuring and estab- lishing sites for naval purposes has been perfectly understood and pursued in the execution, admits of some doubt. A statement of the expenses al- ready incurred on that subject shall be 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 con- templated. The works at this place are among those permitted 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 provis- ions respecting them which may from time to time be 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 re- pairs requisite to put them also into sound condition. As a superintending officer will be necessary at. each yard, his duties and emoluments, hither- to fixed by the executive, will be a more proper subject 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 much in their first erection, so much in their main- tenance, and require such a force to garrison them, as to make it ques- tionable what is best now to be done. A statement of those commenced or projected, of the expenses already incurred, and estimates of their fu- ture cost, so far as can be foreseen, shall be laid before you, that you may be enabled to judge whether any attention is necessary in the laws re- specting this subject. Agriculture, manufactures, commerce, and navigation, the four pillars of our prosperity, tire the most thriving when left most free to individual en- terprise. Protection from casual embarrassments, however, may some- times be seasonably interposed. If in the course of your observations or inquiri- s they should appear to need any aid within the limits of our con- stitutional powers, your sense of their importance is a sufficient assurance they will occupy your attention. We can not, indeed, but all feel an anx- ious 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 sub- ject 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 pro- cured 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. JEFFERSON'S FIRST ANNUAL MESSAGE. 157 And while on the judiciary organization, it will be worthy your consider- ation, whether the protection of the inestimable institution of juries has been extended to all the cases involving the security of our persons 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 des- ignated 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 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 bonafide purpose of embarking his life and fortunes per- manently with us ? with restrictions, perhaps, to guard against the fraudu- lent usurpation of our flag ; an abuse which brings so much embarrass- ment 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 consideration at this time. Some others of less moment, or not yet ready for communi- cation, 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 carry that judgment into faithful execution. The prudence and temperance of your discussions will promote, within your own walls, that conciliation which so much befriends rational conclusion ; 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 be satisfied with any one order of things is not to be expected, but I indulge the pleasing persuasion that the great body of our citizens will cordially concur in honest and disin- terested efforts, which have for their object to preserve the general and state governments in their constitutional form and equilibrium ; to main- tain peace abroad, and order and obedience to the laws at home ; to estab- lish principles and practices of administration favorable to the security of liberty and property, and to reduce expenses to what is necessary for the useful purposes of government. 158 JEFFERSON'S SECOND ANNUAL MESSAGE. SECOND ANNUAL MESSAGE DECEMBER 15, 1802. To the Senate and House of Representatives of the United States : WHEN we assemble together, fellow-citizens, to consider the state of our beloved country, 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 our Indian neighbors ; our burdens lightened, yet our income sufficient for the public wants, and the produce of the year great beyond example. These, fellow-citizens, are the circumstances under which we meet ; and we remark with special satisfaction, those which, under the smiles of Providence, result from the skill, industry and order of our citi- zens, managing their own affairs in their own way and for their own use, unembarrassed by too much regulations, unoppressed by fiscal exactions. On the restoration of peace in Europe, that portion of the general car- rying trade which had fallen to our share during the war was abridged by the returning competition of the belligerent powers. This was to be ex- pected, and was just. But in addition we find in some parts of Europe monopolizing discriminations, which in the form of duties tend effectually to prohibit the carrying thither our own produce in our own vessels. From existing amities, and a spirit of justice, it is hoped that friendly dis- cussion will produce a fair and adequate reciprocity. But should false calculations of interest defeat our hope, it rests with the legislature to de- cide whether they will meet inequalities abroad with countervailing ine- qualities at home, or provide for the evil in any other way. It is with satisfaction I lay before you an act of the British parliament anticipating 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 countries, is a subject for your consideration. Another circumstance which claims attention, as directly affecting the very source of our navigation, is the defect or the evasion of the law pro- viding for the return of seamen, 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 effect, make a change in the aspect of our foreign relations which will doubtless have a 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 others of the Barbary powers. A reinforcement, therefore, was immediately ordered to JEFFERSON'S SECOND ANNUAL MESSAGE. 159 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 seamen, and two others of color, remain prisoners with them unless exchanged under an agreement formerly 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 Tallahassee county. In this purchase has been also comprehended 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 in one part, and will be through the whole in a short time. The country to which their title had been extinguished before the revolution is sufficient to receive a very respectable population, which Congress will probably see the expediency of encouraging so soon as the limits shall be declared. We are to view this position as an outpost of the United States, surrounded by strong neighbors and distant from its support. And how far that monopoly which prevents population should here be guarded against, and actual habitation made a condition of the continuance of title, will be for your consideration. A prompt settlement, too, of all existing rights and claims within this territory presents itself as a preliminary operation. In that part of the Indian territory which includes Vincennes, the lines settled with the neighboring tribes fix the extinction of their title at a breadth of twenty-four leagues from east to west, and about the same length, parallel with and including the Wabash. They have also ceded a tract of four miles square, including the salt springs near the mouth of the 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 exigiencies of government, to pay from the treasury in one year upward of eight millions of dollars, 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 four millions and a half of dollars, which are in a course of application to a 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 neverthe- less, as the effect of peace on the amount of duties is riot yet fully ascer- tained, it is the more necessary to practise 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 160 JEFFERSON'S SECOND ANNUAL MESSAGE. 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 arrangement for the direct tax had been retarded, it will still 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 debts 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 of 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- out internal taxes, and without borrowing, to make large and effectual pay- ments toward the discharge of our public debt and the emancipation of our posterity from that moral canker, it is an encouragement, fellow-citi- zens, of the highest order, to proceed as we have begun, in substituting economy for taxation, and in pursuing what is useful ibr a nation placed as we are, rather than what is practised 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 ex- traordinary resources of loans and internal taxes. In the meantime, by payments of the principal of our debt, we are liberating, annually, por- tions of the external taxes, and fonning from them a growing fund still further to lessen the necessity of recurring to extraordinary resources. The usual accounts 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 military 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 to you. Considering that our regular troops are employed for local purposes, and that the militia is our general reliance for great and sudden emergen- cies, 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 gen- eral 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 convenient sum toward providing the naval defence 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 con- JEFFERSON'S SPECIAL MESSAGE. 10] sume, if continued, a great portion of the money destined to naval pur- poses. To avoid this waste of our resources, it is proposed to add to our navy-yard here a dock, within which our 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 possesses, at heights far above the level of the tide, if employed as is practised for lock navi- gation, furnishes the means for raising and laying up our vessels on a dry and sheltered bed. And should the measure be found useful here, similar depositories for laying up as well as for building and repairing vessels may hereafter be undertaken at other navy-yards offering the same means. The plans and estimates of the work, prepared by a person of skill and experience, will be presented to you without delay ; and from this it will be seen that scarcely more than has been the cost of one vessel is neces- sary to save the whole, and that the annual sum to be employed toward its completion may be adapted to the views of the legislature as to naval expenditure To cultivate peace and maintain commerce and navigation in all their lawful enterprises ; to foster our fisheries and 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 practise with our own, and impose on our citizens no unnecessary burden ; 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 these our rule of action, we shall endear to our countrymen the true principles of their con- stitution, and promote a union of sentiment and of action equally auspi- cious 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 advantage the high functions with which you are invested by your country. SPECIAL MESSAGE. JANUARY 28, 1802. Gentlemen of the Senate and House of Representatives : I LAY before you the accounts of our Indian trading houses, as rendered up to the first day of January, 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 farther extension. But it is believed that the act authorizing this trade expired so long ago as the 3d of March, 1799. Its revival, therefore, as well as its extension, is submitted to. the considera- tion 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 contin- uance, it will be worthy the consideration of the legislature, whether the provisions of the law inflicting on Indians, in certain cases, the punish- VOL. I. 11 162 JEFFERSON'S THIRD ANNUAL MESSAGE. 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 peculiarly repugnant to their ideas, and increasing the obstacles to the surrender of the criminal. These people are becoming very sensible of the baneful effects pro- duced on their morals, their health and existence, by the abuse of ardent spirits, and some of them earnestly desire a prohibition of that article from being carried among them. The legislature will consider whether the effectuating that desire would not be in the spirit of benevolence and lib- erality which they have hitherto practised toward these our neighbors, and which hns 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 enclosed. SPECIAL MESSAGE. FEBRUARY 24, 1803. Gentlemen of the Senate and House 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 an 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 claim- ed by the sufferers, supported by the representation of their government. I have no doubt the legislature will give to the subject that just attention and consideration which it is useful as well as honorable to practise in our transactions with other nations, and particularly with one which has observed toward us the most friendly treatment and regard. 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 con- templated by the act of the last session of Congress, I have not been in- sensible 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 interest you feel in these will supersede in your minds all private considerations. JEFFERSON'S THIRD ANNUAL MESSAGE. 1G3 Congress witnessed, at their last session, the extraordinary agitation produced in the public mind by the suspension of our right of deposite at the port of New Orleans, no assignment of another place having been made according to treaty. They were sensible that the continuance of that privation would be more injurious to our nation than any consequen- ces which could flow from any mode of redress, but reposing just confi- dence in the good faith of the government whose officer had committed the wrong, friendly and reasonable representations were resorted to, and the right of deposite was restored. Previous, however, to this period, we had not been unaware of the dari- ger to which our peace would be perpetually exposed while so important a key to the commerce of the western country remained under foreign power. Difficulties, too, were presenting themselves as to the navigation of other streams, which, arising within our territories, pass through those adjacent. Propositions had, therefore, been authorized for obtaining, on fair conditions, the sovereignty of New Orleans, and of other possessions in that quarter interesting to our quiet, to such extent as was deemed prac- ticable ; and the provisional appropriation of two millions of dollars, 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 ar- rangements 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 conditions been trans- ferred to the United States by instruments bearing date the 30th of April last. When these shall have received the constitutional sanction of the senate, they will without delay 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. While the property and sovereignty of the Mississippi and its waters secure an inde- pendent outlet for the produce of the western states and an uncontrolled navigation through their whole course, free from collision with other pow- ers and the dangers to our peace from that source, the fertility of the country, its climate and extent, promise in due season important aids to our treasury, an ample provision for our posterity, and a wide-spread field for the blessings of freedom and equal laws. With the wisdom of Congress it will rest to take those ulterior meas- ures which maybe necessary for the immediate occupation and temporary government of the country ; for its incorporation into our Union ; for ren- dering the change of government a blessing to our newly-adopted breth- ren ; for securing to them the rights of conscience and of property ; for confirming to the Indian inhabitants their occupancy and self-government, establishing friendly and commercial relations with them and for ascer- taining 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 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 the neighboring tribes, has transferred its country to the United States, re- 164 JEFFERSON'S THIRD ANNUAL MESSAGE. serving only for its members what is sufficient to maintain them in an agricultural way. The considerations stipulated are, that we shall extend to thorn 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 in- hahit-ints may descend with rapidity in support of the lower country should future circumstances expose that to foreign enterprise. As the stipula- tions 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 measure adopted of establishing trading houses among them, and of furnishing them necessaries in exchange for their commodities at such moderated prices as leave no gain, but cover us from loss, has the most conciliatory and useful effect upon 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 effect- ually 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 northwestern 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 execution. It has therefore been thought worthy of attention, for preserving and cherishing the harmony and useful intercourse subsisting between the two nations, to remove by timely arrangements what unfavorable incidents might other- wise render a ground of future misunderstanding. A convention has there- fore been entered into, which provides for a practicable demarcation of those limits to the satisfaction of both parties. An account of the receipts and expenditures of the year ending 30th September last, with the estimates for the service of the ensuing year, will be laid before 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 al- ready ascertained that the amount paid into the treasury for that year has been between eleven and twelve millions of dollars, and that the revenue accrued during the same term exceeds the sum counted on as sufficient for our current expenses, and to extinguish the public debt within the period heretofore proposed. The amount of debt paid for the same year is about three millions one hundred thousand dollars, exclusive of interest, and making, with the pay- ment of the preceding year, a discharge of more than eight millions and a half of dollars of the principal of that debt, besides the accruing interest , and there remain in the treasury nearly six millions of dollars. Of these, eight hundred and eighty thousand have been reserved for payment of the first instalment due under the British convention of January 8th, 1802, and two millions are what have been before mentioned as placed by Congress JEFFERSON'S THIRD ANNUAL MESSAGE. 165 under the power and accountability of the president, toward the price of New Orleans 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 thirteen millions of dollars will then be added to our public debt, most of which is payable after fifteen years ; be- fore which term the present existing debts will all be discharged by the established operation of the sinking fund. When we contemplate the or- dinary annual augmentation of imposts from increasing population and wealth, the augmentation of the same revenue by its extension to the new acquisition, and the economies which may still be introduced into our pub- lic expenditures, I can not but hope that Congress in reviewing their re- sources will find means to meet the intermediate interest of this additional 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 sufficient fund for any measures of safety or precaution which that state of things may render necessary in our neutral position. Remittances for the instalments 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 diffi- culty was found in obtaining that accommodation. The sum of fifty thousand dollars appropriated by Congress for pro- viding gun-boats remains unexpended. The favorable and peaceful 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 experi- ence. The same issue of events dispensed with a resort to the appropri- ation of a million and a half of dollars 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 with gratitude to that kind Prov- idence which, inspiring with wisdom arid moderation our late legislative 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 imme- diately engaged. Yet the nations pursuing peace will not be exempt 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 belligerent 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 controversies for the redress of wrongs not our own ; to exact from every nation tin 1 observance, toward our vessels and citizens, of those principles and practices which all civil- 166 JEFFERSON'S SPECIAL MESSAGE. ized people acknowledge ; to merit the character of a just nation, and maintain that of an independent one, preferring every consequence to in- sult 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 con- traventions of right have already taken place, both within our jurisdictional limits and on the high seas. The friendly disposition of the governments from whose agents they have proceeded, as well as their wisdom and re- gard for justice, leave us in reasonable expectation that they will be rec- tified and prevented in future ; and that no act will be countenanced by them which threatens to disturb our friendly intercourse. Separated by a wide ocean from the nations of Europe, and from the political interests which entangle them together, with productions and wants which render our commerce and friendship useful to 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 endow,ed us with of pursuing, at a distance from foreign contentions, the paths of industry, peace, and happiness ; of cultivating general friendship, and of bringing collisions of interest to the umpirage of reason rather than of force. How desirable then must it be, in a government like ours, to see its citi- zens adopt individually the views, the interests, and the conduct which their country should pursue, divesting themselves of those passions and partialities which tend to lessen useful friendships, and to embarrass and embroil us in the calamitous scenes of Europe. Confident, fellow-citizens, that you will duly estimate the importance of neutral dispositions toward the observance of 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 among your- selves, and in all communications with your constituents ; and I anticipate with satisfaction the measures of wisdom which the great interests now- committed to you will give you an opportunity of providing, and myself that of approving and carrying into execution with the fidelity I owe to my country. SPECIAL MESSAGE OCTOBER 21, 1803. To the Senate 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, with the advice and consent of the senate, having now been ratified, and my ratification ex- changed for that of the first consul of France in due form, they are com- municated to you for consideration in your legislative capacity. You will observe that some important conditions can not be carried into execution, JEFFERSON'S SPECIAL MESSAGE. 167 but with the aid of the legislature ; 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 attention. Such information relative to its government, as time and distance have en- abled 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 de- liberation, 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 SPECIAL MESSAGE. NOVEMBER 4, 1803. To the Senate and House of Representatives of the United States : BY the copy now communicated of a letter from Captain Bainbridge of the Philadelphia frigate, to our consul at Gibraltar, you will learn that an act of hostility has been committed on a merchant-vessel of the United States by an armed ship of the emperor of Morocco. This conduct on the part of that power is without cause and without explanation. It is fortunate that Captain Bainbridge fell in with and took the capturing ves- sel and her prize ; and I have the satisfaction to inform you, that about the date of this transaction such a force would be arriving in the neigh- borhood of Gibraltar, both from the east and the west, as leaves less to be feared for our commerce from the suddenness of the aggression. On the 4th of September, the Constitution frigate, Captain Preble, with Mr. Lear on board, 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 authori- ties which may be necessary to restrain the depredations of this power, should they be continued. SPECIAL MESSAGE. 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 legis- lative 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. 168 JEFFERSON'S SPECIAL MESSAGES. SPECIAL MESSAGE. 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 mentioned 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 coun- try and that, has been recognised and confirmed by the emperor, each party restoring to the other what had been detained or taken. I enclose the 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. Simpson, the promptitude and energy of Commodore Preble, the efficacious co- operation of Captains Rodgers and Campbell of the returning squadron, the proper decision of Captain Bainbridge that a vessel which had com- mitted an open hostility was of right to be detained for inquiry and con- sideration, and the general zeal of the other officers and men, are honora- ble facts which I make known with pleasure. And to these I add what was indeed transacted in another quarter the gallant enterprise of Cap- tain Rodgers in destroying, on the coast of Tripoli, a corvette of that power, of twenty-two guns. I recommended to the consideration of Congress a just indemnification for the interest acquired by the captors of the Mishouda and Mirboha, yielded by them for the public accommodation. SPECIAL MESSAGE. JANUARY 16, 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 Louisiana, 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 possession. They proceeded, with such regular troops as had been assembled at For Adams, from the nearest posts, and with some militia of the Mississippi territory, to New Orleans. To be prepared for anything unexpected, 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 Natchez No occasion, however, arose for their services. Our commissioners, on their arrival at New Orleans, found the province already delivered by the commissaries of Spain to that of France, who delivered it over to them on the twentieth day of December, as appears by their declaratory act accompanying it. Governor Claiborne, being duly invested with the pow- JEFFERSON'S FOURTH ANNUAL MESSAGE. 169 ers Heretofore exercised by the governor and intendant of Louisiana, as- sumed the government on the same day, and for the maintenance of law and order, immediately issued the proclamation and address now commu- icated. > 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 ofl'er to Congress and the country, my sincere congratulations. SPECIAL MESSAGE. MARCH 20, 1804. To the Senate and House of Representatives of the United States : I COMMUNICATE to Congress, a letter received from Captain Bainbridge, commander of the Philadelphia frigate, informing us of the wreck of that vessel on the coast of Tripoli, and that himself, his officers, and men, had fallen into the hands of the Tripolitans. This accident renders it expe- dient to increase our force, and enlarge our expenses in the Mediterranean beyond what the last appropriation for the naval service contemplated. I recommend, therefore, to the consideration of Congress, such an addition to that appropriation as they may think the exigency requires. FOURTH ANNUAL MESSAGE. NOVEMBER 8, 1804. To the Senate and House of Representatives of the United States : To a people, fellow-citizens, who sincerely desire the happiness and prosperity of other nations ; to those who justly calculate that their own well-being is advanced by that of the nations with which they have inter- course, it will be a satisfaction to observe that the war which was lighted up in Europe a little before our last meeting has not yet extended its flames to other nations, nor been marked by the calamities which some- times stain the footsteps of war. The irregularities too on the ocean, which generally harass the commerce of neutral nations have, in distant parts, disturbed ours less than on former occasions. But in the American seas they have been greater from peculiar causes ; and even within our harbors and jurisdiction, infringements on the authority of the laws have been committed which have called for serious attention. The friendly conduct of the governments from whose officers and subjects these acts have proceeded, in other respects and in places more under their observa- tion and control, gives us confidence that our representations on this sub- ject will have been properly regarded. Whilt; noticing the irregularities committed on the ocean by others those on our own part should not be omitted nor left unprovided for 170 JEFFERSON'S FOURTH ANNUAL MESSAGE. Complaints have been received that persons residing within the United States have taken on themselves to arm merchant vessels, and to force a commerce into certain ports and countries in defiance of the laws of those countries. That individuals should undertake to wage private war, inde- pendently 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 obvi- ous, that I doubt not you will adopt measures for restraining it effectually in future. Soon after the passage of the act of the .ast session, authorizing the establishment of a district and port of entry on the waters 'of the Mobile, we learnt that its object was misunderstood on the part of Spain. Candid explanations were 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 with 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 convention of 1802. But the explanations which would reach them soon after, and still more, the confirmation of them by the tenor of the instrument estab- lishing the port and district, may reasonably be expected to replace them in the dispositions and views ,of the whole subject which originally dic- tated the conviction. 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, having prepar- ed and delivered the stock created in execution of the convention of Paris, of April 30, 1803, in consideration of the cession of that country, we have received from the government of France an acknowledgment, in due form, of the fulfilment of that stipulation. With the nations of Europe in general our friendship and intercourse are undisturbed, and from the governments of the belligerent powers espe- cially 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 reinforcement sent into that sea, and the energy of the officers having command in the several vessels, will, I trust, by the sufferings of war, reduce the barbarians of Tripoli to the desire of peace on proper terms. Great 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 impracticability 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 inju- ries by war, but the mutual advantages of peace make that the best inter- est of both. JEFFERSON'S FOURTH ANNUAL MESSAGE. 171 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 Louisiana, the necessary officers for the territory of Orleans were appoint- ed in due time, to commence the exercise of their functions on the first day of October. The distance, however, of some of them, and indispens- able previous arrangements, may have retarded its commencement in some of its parts ; the form of government thus provided having been consider- ed 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 divis- ion 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 provision of the law, and so soon as they can be at their station, that district will also be in its due state of or- ganization ; in the meantime, their places are supplied by the officers be- fore commanding there. The functions of the governor and judges of In- diana have 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 communicated will inform you of their state, and of the necessity of immediate 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 believe 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 a 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 which shall be advantageous to them and only not losing to us, and so regulated as that no incendiaries of our own or any other nation may be permitted to disturb the natural effects of our just and friendly offices, we may render ourselves so necessary to their comfort and prosperity, that the protection of our citizens from their disorderly members will become their interest and their voluntary care. Instead, therefore, of an augment- ation of military force proportioned to our extension of frontier, I proposed a moderate enlargement of the capital employed in that commerce, as a more effectual, economical, and humane instrument for preserving peace and good neighborhood with them. On this side the Mississippi an important relinquishment of native title has been received from the Delawares. That tribe, desiring to extinguish in their people the spirit of hunting, and to convert superfluous lands into the means of improving what they retain, have ceded to us all the country between the Wabash and the 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 necessaries. This acquisition is important, not only for its extent and fertility, but as fronting three hundred miles on the Ohio, and near half that on the Wabash ; the produce of the settled countries descending those rivers will no longer pass in review of the Indian frontier but in a small portion, and with the 172 JEFFERSON'S FOURTH ANNUAL MESSAGE. cession heretofore made with the Kaskaskias, nearly consolidates our po ; sessions north of the Ohio, in a very respectable breadth, from Lake Eric to the Mississippi. The Piankeshaws having some claim to the country ceded by the Delawares, it has been thought best to quiet that by fair pur- chase 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 28th, 1803, for building and employ- ing a number of gun-boats, 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 support- ing within our waters the authority of the laws ; the promptness with which they will be manned by the seamen and militia of the place 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 ordinary ; 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 burden, are considerations which will have due weight with Congress in deciding on the expediency of ad- ding 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 insured 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. 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 continue to fulfil our expectations. Eleven millions and a half of dollars, received in the course of the year ending on the 30th of September last, have enabled us, after meeting all the or- dinary 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 pre- ceding years, has extinguished upward of twelve millions of the principal, and a greater sum of interest, within that period ; and by a proportional diminution 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 ex- ceeds that of the preceding ; and the probable receipts of the ensuing year may safely be relied on as sufficient, with the sum already in the treasury, to meet all the current demands of the year, to discharge upward of three millions and a half of the engagements incurred under the Brit- ish and French conventions, and to advance in the farther redemption of the funded debts 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 oth- ers 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 public force is perfect in all its JEFFERSON'S SECOND INAUGURAL ADDRESS. 173 parts ; in fine, whether anything can be done to advance the general good, are questions within the limits of your functions which will necessarily occupy your attention. In these and other matters which you in your wisdom may propose for the good of our country, you may count with assurance on my hearty co-operation and faithful execution. SECOND INAUGURAL ADDRESS. MARCH 4, 1805. 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 with 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 that 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 inter- ests and intercourse on fair and equal terms. We are firmly convinced, and we act on that conviction, that with nations, as with individuals, our interests soundly calculated will ever be found inseparable from our moral duties ; and history bears witness to the fact, that a just nation is trusted on its word, when resource is had to armaments and wars to bridle others. At home, fellow-citizens, you best know whether we have done well or ill. The suppression of unnecessary offices, of useless establishments and expenses, enabled us to discontinue our internal taxes. These covering 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 produce and property. 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 authori- ties might adopt them, instead of others less approved. The remaining revenue on the consumption of foreign articles, is paid cheerfully by those who can afford to add foreign luxuries to domestic comforts, being collected on our seaboard and frontiers only, and incorpo- rated witb 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 contribu- tions enable us to support the current expenses of the government, to fulfil contracts with foreign nations, to extinguish the native right of soil within 174 JEFFERSON'S SECOND INAUGURAL ADDRESS. 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 among the states, and a corresponding amendment of the constitution, be applied, in time of peace, to rivers, canals, roads, arts, manufactures, edu- cation, and other great objects within each state. In time of war, if injus- tice, by ourselves or others, must sometimes produce war, increased as the same revenue will bo increased by 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 gen- erations by burdening 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 repay the advances we hiive made. I know that the acquisition of Louisiana has been disapproved by some, from a candid ap- prehension that the enlargement of our territory would endanger its union. But who can limit the extent to which the federative principle may operate effectively ? The larger our association, the less will it be shaken by lo- cal passions ; and in any view, is it not better that the opposite bank of the Mississippi should be settled by OUT own brethren and children, than by strangers of another family ? With which shall we be most likely to live in harmony and friendly intercourse ? In matters of religion, 1 have considered that its free exercise is placed by the constitution independent of the powers of the general government. I have therefore undertaken, on no occasion, to prescribe the religious ex- ercises suited to it ; but have left them, as the constitution found them, under the direction and discipline of state or church authorities acknowl- edged by the several religious societies. The aboriginal inhabitants of these countries I have regarded with me commiseration their history inspires. Endowed with the faculties and the rights of men, breathing an ardent love of liberty and independence, and occupying a country which left them no desire but to be undisturbed, the stream of overflowing population from other regions directed itself on these shores ; without power to divert, or habits to contend against, they have been overwhelmed by the current, or driven before it ; now reduced within limits too narrow for the hunter's state, humanity enjoins us to teach them agriculture and the domestic arts ; to encourage them to that indus- try which alone can enable them to maintain their place in existence, and to prepare them in time for that state of society, which to bodily comforts adds the improvement of the mind and morals. We have therefore liberally furnished them with the implements of husbandry and household use ; we have placed among them instructors in the arts of first necessity ; and they are covered with the segis of the law against aggressors from among our- selves. 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 bodies, prejudice of their minds, ignorance, pride, and the influence of JEFFERSON'S SECOND INAUGURAL ADDRESS. 175 interested and crafty individuals among them, who feel themselves some- thing in the present order of things, and fear to become nothing in any other. These persons inculcate a sanctimonious reverence for the cus- toms 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 innovation ; that their duty is to remain as their Creator made them, ignorance being safety, and knowledge full of danger ; in short, my friends, among them is seen the action and counteraction of good sense and bigotry ; they too have their anti-philosophers, who find an interest in keeping things in their present state, who dread reformation, and exert all their faculties to main- tain 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 wisdom of the characters thus selected, who lay the foundations of public happi- ness in wholesome laws, the execution of which alone remains for others ; and it is due to the able and faithful auxiliaries, whose patriotism has asso- ciated with me in the executive functions. During this course of administration, and in order to disturb it, the artil- lery of the press has been levelled 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 and provided by the laws of the several states against falsehood and defamation ; but public duties more urgent press on the time of public servants, and th^ 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 have 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 he may be in- trusted with his own affairs. No inference is here intended, that the laws, provided by the state against false and defamatory publications, should not be enforced ; he who has time, renders a service to public morals and public tranquillity, in re- forming these abuses by the salutary coercions of the law ; but the exper- iment is noted, to prove that, since truth and reason have maintained their ground against false opinions in league with false facts, the press, confined 176 JEFFERSON'S SECOND INAUGURAL ADDRESS. to truth, needs no other legal restraint ; the public judgment 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 coun- try sincere congratulations. With those, too, not yet rallied to the same point, the disposition to do so is gaining strength ; facts are piercing through the veil drawn over them ; and our doubting breihrcn 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 efforts may be directed honestly to the public good, that peace be cultivated, civil and religious liberty unassailed, law and order preserved, equality of rights maintained, and that state of property, equal or unequal, which results to every man from his own industry, or that of his fathers. When satisfied of these views, it is not in human nature that they should not approve and support them ; in the meantime, let us cherish them with patient affec- tion ; let us do them justice, and more than justice, in all competitions of interest ; and we need not doubt that truth, reason, and their own inter- ests, will at length prevail, will gather them into the fold of their country, and will complete their 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 which 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 weakness of human nature, and the lim- its of my own understanding, will produce errors of judgment sometimes injurious to your interests. I shall need, therefore, all the indulgence I have heretofore experienced 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 forefathers, 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 providence, and our riper years with his wisdom and power ; and to whose goodness I ask you to join with me in supplications, 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 yov the peace, friendship, and approbation of all nations. 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 of some of them toward our peaceable country threatens that even that may not be unaffected by what is passing on the general theatre, a meeting of the representatives of the nation in both houses of Congress has become 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 affliction 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 the 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 that it disappears 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 year, and to the country always. Although from these facts it appears unneces- sary, 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 officers at the head of the customs to cer- tify with exact truth for every vessel sailing 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 faithfully executed this injunction. Much real injury has, however, been sustained, from a propensity to identify with this epidemic, 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 burden of quarantines is felt at home as well as abroad , their efficacy merits examination. Although the health laws of the states VOL. I. 12 178 JEFFERSON'S FIFTH ANNUAL MESSAGE. should hi- found to need no present rcvisal hy 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 il- legal commissions, others with those of legal form but committing piratical acts beyond the authority of their commissions. They have captured in the very entrance of our harbors, -as well as on the high seas, not only the vessels of our friends coming to trade witli us but our own also. They have carried them off under pretence of legal adjudication, but not daring to approach a court of justice, they have plundered and sunk them by the way, or in obscure places where no evidence could arise against them ; maltreated the crews, and abandoned them in boats in the open sea or on desert shores without food or covering. These enormities appear- ing to be unreached by any control of their sovereigns, I found it neces- sary to equip a force to cruise within our own seas, to arrest all vessels of these descriptions found hovering on our coast within the limits of the Gulf Stream, and to bring the offenders in for trial as pirates. The same system of hovering on our coasts and harbors under color of seeking enemies has been also carried on by public armed ships, to the great annoyance and oppression of our commerce. New principles, too, have been interpolated into the law of nations, founded neither in justice nor the usage or acknowledgment of nations. According to these, a bel- ligerent takes to himself a commerce with its own enemy which it denies to a neutral on the ground of its aiding that enemy in the war. But rea- son revolts at such an inconsistency, and the neutral having equal right with the belligerent to decide the question, the interest of our constituents and the duty of maintaining the authority of reason, the only umpire be- tween just nations, impose on us the obligation of providing an effectual and determined opposition to a doctrine so injurious to the rights of peace- able 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 the former war, for which she had formally acknowledged herself responsible, have been refused to be com- pensated, but on conditions affecting other claims in no wise connected 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 vexa- tious searches. Propositions for adjusting amicably the boundaries of Louisiana have not been acceded to. While, however, the right is un- settled, 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 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 territories 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 officers and soldiers 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 JEFFERSON'S FIFTH ANNUAL MESSAGE. 179 similar aggiessions in future. Other details, necessary for your full in- formation of the state of things between this country and that, shall be the subject of another communication. In reviewing these injuries from some of the belligerent powers, the moderation, the firmness, and the wisdom of the legislature will be all 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 calculations, and disappoint that expectation, we must join in the unprofitable contest of try- ing which party can do the other the most harm. Some of these injuries may perhaps admit a peaceable remedy. Where that is competent 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 rec- ommend 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 cannon for the service of such land batteries as may make a part of their defence against armed vessels approaching them. In aid of these it is desirable that we should have a competent number of gun-boats ; 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 neces- sary 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 a sudden emer- gency, to call for the services of the younger portions, unencumbered with the old and those having families. Upward of three hundred thousand able-bodied men, between the ages of eighteen and twenty-six years, which the last census shows we may now count within our limits, will furnish a competent number for offence or defence 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 consideration 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 efficient corps fit for real and active service, and to be call- ed 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 seventy-four guns. These materials are on hand, subject to the further will of the legis- lature. An immediate prohibition of the exportation of arms and ammunition is aUo submitted to your determination. Turning from these unpleasant views of violence and wrong, I congratu- late you on the liberation of our fellow-citizens who were stranded on the coast of Tripoli and made prisoners-of-war. In a government bottomed on the will of all, the life and liberty of every individual citizen become interesting to all. In the treaty, therefore, which has concluded our war- fare with that state, an article for the ransom of our citizens has been agreed to. An operation by Inn-l, by .1 sm;ill band of our countrymen, and 180 JEFFERSON'S FIFTH ANNUAL MESSAGE. others engaged for the occasion, in conjunction with the troops of the ex-bashaw of that country, gallantly conducted by our late consul Eaton, and their successful enterprise on the city of Deme, contributed, doubt- less, to the impression which produced peace ; and the conclusion of this prevented opportunities of which the officers and men of our squadron destined for Tripoli would have availed themselves, to emulate the acts of valor exhibited by their brethren in the attack of the last year. Reflect- ing with high satisfaction on the distinguished bravery displayed whenever occasion permitted in the Mediterranean service, I think it would be a useful encouragement, as well 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 yet sufficiently explained, but friendly discussions with their ambassador recently arrived, and a mutual disposition to do whatever 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 prece- ding time. Still it will not be expedient to withdraw, immediately, tho M'hole of our force from that sea. The law for providing a naval peace establishment fixes the number of frigates which shall be kept in constant service in time of peace, and pre- scribes that they shall not be manned by 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 some- times, for her safety as well as to insure her object, require her fullest complement. In adverting to this subject, Congress will perhaps consider whether the best limitation on the executive' 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 vessels. Occasions oftener arise for the employment of small than of large vessels, and it would lessen risk as well as expense to be authorized to employ them of preference. The limitation suggested by the number of seamen would admit a selection of vessels best adapted to the service. Our Indian neighbors are adrwcing, many of them with spirit and oth- ers beginning to engage, in the pursuits of agriculture and household man- ufacture. They are becoming sensible that the earth yields subsistence with less labor and more certainty than the forest, and find it their inter- est, from time to time, to dispose of parts of their surplus and waste lands for the means of improving those they occupy, and of subsisting their fam- ilies while they are preparing their farms. Since your last session, the northern tribes have sold to us the lands between the Connecticut reserve and the former Indian boundary ; and those on the Ohio, from the same boundary to the rapids, and for a considerable depth inland. The Chick- asaws and Cherokees have sold us the country between and adjacent 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 pur- chases are important, inasmuch as they consolidate disjointed parts of our settled country, and render their intercourse secure ; and the second par- ticularly so, as with the small point on the river which we expect is by this time ceded by the Piankeshaws, it completes our possession 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 JEFFERSON'S FIFTH ANNUAL MESSAGE. 1S1 settled and settling on its extensive waters. The purchase 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 Mis- sissippi, come charged with the assurances of their satisfaction with the new relations in which /they are. placed with us, of their disposition to cultivate our peace and friendship, and their desire to enter into commer- cial intercourse with us. A statement 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 the 30th day of September last, have exceeded the sum of thirteen millions of dollars, 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, up- ward 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 10th, 1803, authorized us to borrow one million, seven hundred and fifty thou- sand dollars, 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 eight millions of dollars appropriated to the funded debt, and meeting all the current demands which may be expected, will enable us to pay the whole sum of three millions seven hundred and fifty thousand dollars as- sumed by the French convention, and still leave us a surplus of nearly a million of dollars at our free disposal. Should you concur in the provis- ions of arms and armed vessels recommended by the circumstances of the times, this surplus will furnish the means of doing so. On this first occasion of addressing Congress, since by the choice of my constituents I have entered on a second term of administration, I em- brace the opportunity to give this public assurance, that I will exert my best endeavors to administer faithfully the executive department, and will zealously co-operate with you in every measure which may tend to secure the liberty, property, and personal safety of our fellow-citizens, and to con- solidate 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 despatch of the public business, and all the information ne- cessary for your deliberations, of which the interests of our own country ai 1 the confidence reposed in us by others will admit a communication. 182 JEFFERSON S SPECIAL MESSAGE. SPECIAL MESSAGE. JANUARY 13, 1806. To thf Senate ane a standing monument and example for the aim and im- itation of the people of other countries." To Colonel Monroe, March 7, he gives his views as to appointments to office, as follows : " To give time for a perfect consolidation seems prudent. I have firmly refused to follow the counsels of those who have desired the giving offices to some of their leaders [federalists], in order to reconcile. I have given, and will give, only to republi- cans, under existing circumstances. But I believe, with others, that deprivations of office, if made on grounds of political principles alone, would revolt our new converts, and give a body to leaders who now stand alone. Some, I know, must be made. They must be as few as possible, done gradually, and bottomed on some malversation or in- herent disqualification. Where we shall draw the line between retain- ing all and none, is not yet settled, and will not be till we get our admin- istration together ; and perhaps even then we shall proceed a tatons, bal- ancing our measures according to the impression we perceive them to make. This may give you a general view of our plan." To Thomas Paine (then in France) he writes, March 18:" The return of our citizens from the phrensy into which they had been wrought, partly by ill conduct in France, partly by artifices practised on them, is almost entire, and will, I believe, become quite so. But these details will be better developed by Mr. Dawson, the bearer of this, a member of the late Congress, to whom I refer you for them. He goes in the Maryland, a sloop-of-war, which will wait a few days at Havre to receive his letters. You expressed a wish to get a passage to this country in a public vessel. Mr. Dawson is charged with orders to the captain of the Maryland to re- ceive and accommodate you with a passage back, if you can be ready at such short warning. Robert R. Livingston is appointed minister to the republic of France, but will not leave this till we receive the ratification of the convention by Mr. Dawson. I am in hopes you will find us re- turned generally to sentiments worthy of former times. In these it will be your glory to have steadily labored, and with as much effect as any man living. That you may long live to continue your useful labors, and to reap their reward in the thankfulness of nations, is my sincere prayer." To William B. Giles, March 23 : "I received, two days ago, your fa- vor of the 16th, and thank you for your kind felicitations on my election : but whether it will be a subject of felicitation permanently, will be for chapters of future history to say. The important subjects of the govern- ment I meet with some degree of courage and confidence, because I do believe the talents to be associated with me, the honest line of conduct we will religiously pursue, at home and abroad, and the confidence of my fel- low-citizens dawning on us, will be equal to these objects. But there is another branch of duty which I must meet with courage too, though I can ADMINISTRATION OF JEFFERSON. 227 not without pain ; that is, the appointments and disappointments as to offi- ces. Madison and Gallatin being still absent, we have not yet decided on our rules of conduct as to these. That some ought to be removed from office, and that all ought not, all mankind will agree. But where to draw the line, perhaps no two will agree. Consequently, nothing like a general approbation on this subject can be looked for. Some principles have been the subject of conversation, but not of determination ; e. g., all appointments to civil offices during pleasure, made after the event of the election was certainly known to Mr. Adams, are considered as nullities. I do not view the persons appointed as even candidates for the office, but make others without noticing or notifying them. Mr. Adams's best friends have agreed this is right. 2. Officers who have been guilty of official malconduct are subjects of removal. 3. Good men, to whom there is no objection but a difference of political principle, practised on only as far as the right of a private citizen will justify, are not proper subjects of re- moval, except in the cases of attorneys and marshals. The courts being so decidedly federal and irremovable, it is believed that republican attorneys and marshals, being the doors of entry into the courts, are indispensably necessary as a shield to the republican part of our fellow-citizens, which, I believe, is the main body of the people. These principles are yet to be considered of, and I sketch them to you in confidence." To Elbridge Gerry, March 28 : " Mr. Adams's last appointments, when he knew he was naming counsellors and aids for me, and not for himself, I set aside, as far depends on me. Officers who have been guilty of gross abuses of office, such as marshals packing juries, &c., I shall now re- move, as my predecessor ought in justice to have done. The instances will be few, and governed by strict rule, and not party passion. The right of opinion shall suffer no invasion from me. Those who have acted well have nothing to fear, however they may have differed from me in opinion." To Gideon Granger. May 3, 1801 : " A new subject of congratulation has arisen. I mean the regeneration of Rhode Island. I hope it is the beginning of that resurrection of the genuine spirit of New England which rises for life eternal. According to natural order, Vermont will emerge next, because least, after Rhode Island, under the yoke of hieroc- racy. I have never dreamed that all opposition was to cease. The cler- gy, who have missed their union with the state, the Anglemen, who have missed their union with England, and the political adventurers, who have lost the chance of swindling and plunder in the waste of public money, will never cease to bawl on the breaking up of their sanctuary. But among the people the schism is healed, and with tender treatment the wound will not reopen. Their quondam leaders have been astounded with the suddenness of the desertion : and their silence and appearance of acquiescence have proceeded not from a thought of joining us, but the uncertainty what ground to take. The very first acts of the administra- 'J28 ADMINISTRATION OF JEFFERSON. tion, the nominations, have accordingly furnished something to yelp on ; and all our subsequent acts will furnish them fresh matter, because there is nothing against which human ingenuity will not be able to find some- thing to say." To Nathaniel Macon, May 14 : " Now to answer your particulars, seriatim. " Levees are done away with. " The first communication to the next Congress will be, like all subse- quent ones, by message, to which no answer will be expected. " The diplomatic establishment in Europe will be reduced to three ministers. " The compensation to collectors depends on you, and not on me. " The army is undergoing a chaste reformation. " The navy will be reduced to the legal establishment by the last of this month. " Agencies in every department will be revised. " We shall push you to the uttermost in economizing. " A very early recommendation had been given to the postmaster-gen- eral, to employ no printer, foreigner, or revolutionary tory, in any of his offices. This department is still untouched. " The arrival of Mr. Gallatin, yesterday, completed the organization of our administration." To Levi Lincoln, July 11 : "The consolidation of our fellow-citizens in general, is the great object we ought to keep in view ; and that being once obtained, while we associate with us in affairs, to a certain degree, the federal sect of republicans, we must strip of all the means of influ- ence the Essex junto, and their associate monocrats in every part of the Union.- The former differ from us only in the shades of power to be given to the executive, being, with us, attached to republican government. The latter wish to sap the republic by fraud, if they can not destroy it by force, and to erect an English monarchy in its place. We are proceed- ing gradually in the regeneration of offices, and introducing republicans to some share in them. I do not know that it will be pushed further than was settled before you went away, except as to Essex men. I must ask you to make out a list of those in office in yours and the neighboring states, and to furnish me with it." To the same, August 26 : "I had foreseen, years ago, that the first re- publican president who should come into office after all the places in the government had been exclusively occupied by federalists, would have a dreadful operation to perform. That the republicans would consent to a continuation of everything in federal hands, was not to be expected, be- cause neither just nor politic. On him, then, was to devolve the office of an executioner, that of lopping off. I can not say that it has worked harder than I expected. You know the moderation of our views in this ADMINISTRATION OF JEFFERSON. 229 business, and that we all concurred in them. We determined to proceed with deliberation. This produced impatience in the republicans, and a belief we meant to do nothing. Some occasion of public explanation was eagerly desired, when the New Haven remonstrance offered us that occa- sion. The answer was meant as an explanation to our friends. It has had on them, everywhere, the most wholesome effect. Appearances of schismatizing from us have been entirely done away. I own I expected it would check the current with which the republican federalists were re- turning to their brethren, the republicans. I extremely lamented this ef- fect. For the moment which should convince me that a healing of the nation into one, is impracticable, would be the last moment of my wishing to remain where I am. (Of the monarchical federalists I have no ex- pectations. They are incurables, to be taken care of in a mad-house, if necessary, and on motives of charity.) I am much pleased, therefore, with your information that the republican federalists are still coming in to the desired union. I am satisfied that the heaping of abuse on me per- sonally, has been with the design and the hope of provoking me to make a general sweep of all federalists out of office. But as I have carried no passion into the execution of this disagreeable duty, I shall suffer none to be excited. The clamor which has been raised will not provoke me to remove one more, nor deter me from removing one less, than if not a word had been said on the subject. In the course of the summer, all which is necessary will be done ; and we may hope that, this cause of offence be- ing at an end, the measures we shall pursue and propose for the ameli- oration of the public affairs, will be so confessedly salutary as to unite all men not monarchists in principle. " We have considerable hopes of republican senators from South Caro- lina, Maryland, and Delaware, and some as to Vermont. In any event' we are secure of a majority in the senate ; and consequently that there will be a concert of action between the legislature and executive. The removal of excrescences from the judiciary is the universal demand." The seventh Congress assembled at Washington, on the 7th of Decem- ber, 1801. In the senate, Aaron Burr, vice-president, presiding, political parties were nearly equally divided, at first, but eventually there was a majority in favor of the administration. Abraham Baldwin (democrat) was elected president pro tern. The majority of the house of representatives was also democratic, and Nathaniel Macon, a distinguished friend of Mr Jefferson, from North Carolina, was elected speaker. This session of Congress continued till the 3d of May, 1802 138 days. The custom which had been established by General Washington, for the president to deliver in person his address to Congress, after the opening of the session, was discontinued by Mr. Jefferson, who transmitted his communication by message. In this change made by Mr. Jefferson, he appears to have had in view the convenience of Congress, the economy of their time, their 230 ADMINISTRATION OF JEFFERSON. relief from the embarrassment of immediate answers on subjects not yet fully before them, and the more republican form of this method of ad- dressing the national legislature, than that by speeches. In these respects its advantages were deemed so apparent, that the communication with Congress, by message, has been invariably adopted on every subsequent occasion. The suggestions of the president for the revision of measures of the federalists, among others, for the repeal of internal taxes, the reduction of the diplomatic corps, the hauling up of the navy, the abolition of cer- tain offices, and revision of the judiciary, were taken into consideration by Congress. A bill was passed to repeal the recent law establishing cir- cuit courts, by which the judges who had been appointed by Mr. Adams were expelled from office. In the house of representatives the two great champions in debate on this bill were James A. Bayard and William B. Giles. The former contended that Congress had not the power to de- prive the judges of their stations, by the indirect course of repealing the law under which they were appointed. In the senate the two principal speakers were Gouverneur Morris and Stephens T. Mason. The leading arguments in favor of the repeal were, that the new courts were useless, and that there was no constitutional objection to abolishing them. By the opponents of the administration, an act repealing any part of the judiciary system was considered ominous to the independence of the judicial de- partment, but as no attempt was made to demolish the supreme court, by altering the constitution, and as the new circuit courts might be dispensed with, without much inconvenience to the public, the apprehensions of the federalists on this subject gradually subsided. The other most important acts of this session, were, the apportionment of representation by the census of 1800, the ratio being continued at one representative for 33,000 inhabitants ; for protecting American commerce and seamen against Tripolitan cruisers which had previously captured our vessels ; for fixing the military peace establishment, which provided for the continuance only of one regiment of artillery, two regiments of in- fantry, and a corps of engineers to be stationed at West Point, on the Hud- son river, and to constitute a military academy at that place ; for regula- ting trade and intercourse with the Indian tribes, and for the preservation of peace on the frontiers ; for discontinuing the several acts laying inter- nal taxes on stills, distilled spirits, refined sugars, carriages, stamped pa- per, and licenses to retailers and for sales at auction ; for establishing a uniform system of naturalization, and repealing former laws on the subject (the time of residence of aliens in the United States was reduced to five years, in conformity with the suggestion of President Jefferson, instead of fourteen years, as required by the act of 1798) ; for redeeming the public debt, by which it was provided to appropriate annually seven mil- lions and three hundred thousand dollars to the sinking fund ; for author- ADMINISTRATION OF JEFFERSON. 231 izing the people of the eastern division of the territory northwest of the Ohio river (Ohio), to form a constitution and state government, and for ad- mitting such state into the Union ; authorizing the erection of certain lighthouses ; and for altering and establishing certain postroads, and for the more secure carriage of the mail. The act passed in 1799, to aug- ment the salaries of certain officers of government, was revived, and con- tinued in force for two years. An attempt was made to discontinue the mint establishment, on account of the great expense attending it, but the senate did not concur in the bill for that purpose which passed the house. A proposition for abolishing the navy department, and placing the concerns of the navy under the direction of the secretary of war also failed at this session. The disbanding of the pro- visional army, which had been ordered by the preceding Congress, opera- ted to reduce very considerably the national expenses. But the act now passed to provide for the redemption of the public debt, was only nominal in its operations ; new loans were effected, and the reduction of the debt by the act was only in theory, as the appropriations for expenses for 1802 were more than equal to the receipts of the previous year. It was the policy of the party now in power, to attach odium to their opponents for the measures of preceding administrations, and to impress upon the public mind the idea that they were more anxious than their predecessors to secure the liberty and to lessen the burdens of the people. But, in many important particulars, the course pursued by former admin- istrations, was still followed ; the democratic party being satisfied with the possession of the control of the appointing power of the general gov- ernment, and with the repeal of such prominent federal measures as they deemed unpopular. They were not, therefore, anxious to suggest new measures of a positive character. The report of the new secretary of the treasury stated that the accounts of his federal predecessor in that department, also of the state, war, and navy departments, were correct ; no delinquencies having occurred. At the second session of the same Congress, which lasted from the 6th of December, 1802, to the 3d of March, 1803, no changes in the general policy of the administration being proposed by the president, but few acts of general interest were passed ; the most important was a law to pre- vent the importation of negroes, mulattoes, or other persons of color (not being natives, citizens, or seamen of the United States, or seamen, natives of countries beyond the Cape of Good Hope), into any port of the United States within a state which had prohibited by law the admission of any such negro or person of color, under penalty of one thousand dollars and the forfeiture of the vessel in which such person was imported. The time had not then arrived when the importation of slaves was prohibited by the constitution, and this law was passed in conformity to the laws of certain states which had been passed to prohibit the importation of slaves 232 ADMINISTRATION OF JEFFERSON. Another important act of this Congress, was one which authorized the president to call upon the executives of such of the states as he might deem expedient, for a detachment of militia, not exceeding eighty thou- sand, or to accept the services of any corps of volunteers, in lieu of rnili- tia, for a term of twelve months. Twenty-five thousand dollars were, by the same act, appropriated for the erection of arsenals on the western waters. There was at this time much apprehension of a war with Spain, which induced Congress to take the measures of precaution abovementioned. The disputes with the Spanish government respecting the southwestern boundary line of the United States, and the right of navigating the Mis- sissippi, had often caused difficulties between the people of the west and southwest and the Spanish authorities and inhabitants of the Spanish ter- ritories. These affairs assumed a new aspect by the intelligence received in the United States in the spring of 1802, that Spain, by a secret treaty, in October, 1800, had ceded Louisiana to France. By a treaty with Spain, in 1 795, that government had granted to the United States the right of deposite at New Orleans for three years, after which the privilege was either to be continued, or an equivalent place assigned on another part of the banks of the Mississippi. In October, 1802, the Spanish intendant declared, by proclamation, that the right of deposite at New Orleans no longer existed. This measure caused much excitement among the people of the west- ern states and territories in the valley of the Mississippi. Congress was beset from all quarters with complaints and statements of grievances. The excitement increased as soon as the petitioners heard the news of the cession to France, and, according to the generally-received opinion, the suspension had only taken place in consequence of the demand of the French government. The Spaniards, nevertheless, considered themselves masters of Louisiana, so long as the formalities of the cession to France were not fulfilled. By the terms of the treaty between Spain and France, Louisiana " was to be delivered up in its present state" to the French. This present state was believed to be the exclusion of the Americans from the port of New Orleans. Americans drew from this circumstance the inference that the Spanish intendant had not acted without orders, that the prohibition had been concerted between the two powers, to enforce which an army was then expected from France. Mr. Jefferson had information of the cession of Louisiana to France, early in 1 802, and wrote Mr. Livingston, United States minister to France, in April, 1802, giving his views on the subject. It was understood that the Floridas either were included in the cession of Louisiana, or would be added to it, a supposition which proved to be incorrect. The views of the president, as stated to Mr. Livingston, were, that if France took posses- sion of New Orleans the United States must become allies of Great ADMINISTRATION OF JEFFERSON. 233 Britain and antagonists of France. He then suggests, however, that if France considers Louisiana as indispensable to her interests, she may still cede to the United States the island of New Orleans and the Flori- das. That this cession would, in a great degree, remove the causes of irritation, and at any time prevent the necessity of resorting to arrange- ments with Great Britain. The cession of Louisiana to France, was first communicated to Con- gress by the president, in his annual message, in December, 1802, in which the subject is briefly noticed. It was, however, soon seized upon by the opponents of the administration, and resolutions were offered by Mr. Griswold, of Connecticut, in the house, calling upon the president for information respecting the cession of Louisiana ; and in the senate, by Mr. Ross, of Pennsylvania, seconded by Gouverneur Morris, of New York, authorizing the p."3sident to take possession of such places in or near New Orleans as he deemed fit, and to call into service the militia of the adjoining states with the forces of the nation. These resolutions were superseded by others, but the right of naviga- ting the Mississippi was asserted by both houses, and a place of deposite insisted on. The president seemed to think that it was the object of the federal party in Congress to force the country into a war with Spain, " in order to derange our finances," and if that could not be done, " to attach the western country to them, as their best friends, and thus get again into power." With a view of carrying his pacific policy into effect, he, on the 10th of January, 1803, appointed James Monroe, minister plenipoten- tiary to France, to act with Mr. Livingston in the purchase of New Or- leans and the Floridas. The nomination of Mr. Monroe was confirmed by the senate, and Congress appropriated, at the request of Mr. Jefferson, two millions of dollars for the objects of the mission. The instructions to Messrs. Monroe and Livingston only asked for the cession of the city of New Orleans and the Floridas ; that the course of the Mississippi should be divided by a line that would put New Orleans within the territory of the United States, thus securing the free navigation of the river. Projects for the cession of the entire colony of Louisiana, were at that time neither popular, nor, if entertained by any, were they the subjects of much discussion. Mr. Livingston, the American minister at Paris, was persuaded that the United States would never possess New Orleans by treaty, and that it ought to be taken by force. Mr. Monroe sailed from New York on the 8th of March, 1803, but as the object t)f his mission was kept secret, the public apprehension was not quieted. Napoleon Bonaparte was then first consul of France. He supposed, when informed of the instructions to Monroe and Livingston, that those ministers were authorized, if necessary, to enter into more extended stip. 234 ADMINISTRATION OF JEFFERSON. ulations in relation to the projected acquisition. Europe was then enjoy- ing a momentary respite after the wars and revolutions she had undergone. But another war was about breaking out between France and England. The Marquis de Marbois was directed by Napoleon to negotiate with the American ministers. " Irresolution and deliberation," said the first consul, " are no longer in season. I renounce Louisiana. It is not only New Orleans that I will cede ; it is the whole colony, without any reservation. I know the price of what I abandon, and I have sufficiently proved the importance that I attach to this province, since my first diplo- matic act with Spain had for its object the recovery of it. I renounce it with the greatest regret. To attempt to retain it would be folly. I direct you to negotiate this affair with the envoys of the United States. Do not even wait the arrival of Mr. Monroe : have an interview this very day with Mr. Livingston. But I require a great deal of money for this war, and I would not like to commence with new contributions. If I should regulate my terms, according to the value of these vast regions to the United States, the indemnity would have no limits. I will be moderate, in consideration of the necessity in which I am of making a sale. But keep this to yourself. I want fifty millions [francs], and for less than that sum I will not treat ; I would rather make a desperate attempt to keep those fine countries. To-morrow you shall have full powers. Mr. Mon- roe is on the point of arriving. To this minister the president must have given secret, instructions, more extensive than the ostensible authorization of Congress, for the stipulation of the payments to be made. Neither this minister nor his colleague is prepared for a decision which goes infinitely beyond anything that they are about to ask of us. Begin by making them the overture without any subterfuge. You will acquaint me, day by day, hour by hour, of your progress. The cabinet of London is informed of the measures adopted at Washington, but it can have no suspicion of those which I am now taking. Observe the greatest secresy, and recommend it to the American ministers ; they have not a less interest than yourself in conforming to this counsel. You will correspond with M. de Talley- rand, who alone knows my intentions. If I attended to his advice, France would confine her ambition to the left bank of the Rhine, and would only make war to protect any dismemberment of her possessions. But he also admits that the cession of Louisiana is not a dismemberment of France. Keep him informed of the progress of this affair." The conferences began the same day, between Mr. Livingston and M. Barbe Marbois, to whom the first consul confided this negotiation. But the American minister had not the necessary powers. He had resided at Paris about two years. The first object of his mission had been indem- nities claimed by his countrymen for prizes made by the French during peace. The vague answers, and even the expectations that had been held out to him, had been attended with no result. Having, therefore, become ADMINISTRATION OF JEFFERSON. 235 distrustful, Mr. Livingston feared that the overtures relating to Louisiana were only an artifice to gain time. He received, without putting entire confidence in it, the overture which was made to him by Marbois, of a cession of the whole province. However, after some discussion on a sum that was vaguely brought forward, he refused to go beyond thirty millions of francs, saving an augmentation of this price by the amount of the in- demnity to be given for the prizes taken from the Americans in time of peace. He was, indeed, unwilling to agree upon so high a price, unless the stipulation was accompanied by a clause of not making any payments till after the ratification by Congress.* These preliminary discussions were scarcely entered upon, when infor- mation was received of the arrival of Mr. Monroe at Havre. Mr. Liv- ingston, who, Marbois says, was always inclined to feel distrust, in conse- quence of the many deceptions that had been previously practised upon him, wrote to Mr. Monroe on the 10th of April, to whom he says: "I congratulate you on your safe arrival. We have long and anxiously waited for you. God grant that your mission may answer your and the public expectation. War may do something for us, nothing else would. I have paved the way for you, and if you could add to my memoirs an assurance that we were now in possession of New Orleans, we should do well." Mr. Monroe arrived at Paris on the 12th of April, 1803. "I wish," said Mr. Livingston to him, " that the resolution offered by Mr. Ross, in the senate, had been adopted. Only force can give us New Orleans. We must employ force. Let us first get possession of the country, and nego- tiate afterward." Mr. Monroe, anxious, though not discouraged, began his conferences the next day, with M. de Marbois. The powers of which he (Monroe) was the bearer, were common to him and Mr. Livingston. The French and American ministers had an equal interest in not allowing the negotiation to linger ; it had at last a central point, and made rapid progress. The first difficulties were smoothed by a rare circumstance. The plenipotentiaries, having been long acquainted, were disposed to treat one another with mutual confidence. Marbois had been engaged for thir- ty-five years in public affairs of great importance. He had, during the whole war of the American revolution, resided near the Congress. The affairs of America had long been familiar to him, and two years and a half of exile to Sinnamari had made him still better acquainted with the wants and general condition of the French colonies. The three negotiators had seen the origin of the republic of the United States, and for a long time back their respective duties had established between them an intercourse on public affairs, and an intimacy which does not always exist between foreign envoys and the ministers of the powers to whom they are sent. This good understanding of the plenipotentiaries Marbois's History of Louisiana. 236 ADMINISTRATION OF JEFFERSON. did not prevent their considering it a duty to treat, on both sides, for the conditions most advantageous to their respective countries. Mr. Monroe did not hear without surprise the first overtures that wore frankly made by M. de Marbois. Instead of the cession of a town and its inconsiderable territory, a vast portion of Amelica was offered to the United States. They only asked for the mere right of navigating the Mississippi, and their sovereignty was about to be extended over the lar- gest rivers of the world. They passed over an interior frontier to carry their limits to the great Pacific ocean. Deliberation succeeded to astonishment. The two joint plenipotentia- ries, without asking an opportunity for concerting measures out of the presence of the French negotiator, immediately entered on explanations, and the conferences rapidly succeeded one another. The negotiation had three objects : First, the cession, then the price, and finally, the indemnity due for captures by the French of American vessels and cargoes. The subject of the cession was first considered. The full powers of the American plenipotentiaries only extended to an arrangement respecting the left bank of the Mississippi, including New Orleans. It was impossible for them to have recourse to their govern- ment for more ample instructions. Hostilities were on the eve of com- mencing between France and England. The American envoys had not to reflect long to discover that the circumstances in which France was placed, were the most fortunate for their country. M. de Marbois, from whose history of the cession of Louisiana we have taken the above particulars, then goes on to state, that the American min- isters having assumed the responsibility of treating for the purchase of the entire colony, instead of a part only of the same, the terms were soon agreed upon between the negotiators. The assent of Spain to this negotiation was deemed necessary, as that power had reserved, by the treaty of October 1, 1800, a right of prefer- ence, in case of cession by France. But the delays which would have been occasioned by sending from Paris to Madrid, with the usual tardi- ness in the deliberations of the Spanish cabinet, would have led to a total failure of the negotiation. The treaty was, therefore, not communicated to the Spanish ministry till after its conclusion. They complained bitterly of the little regard that had been paid to a right that was reserved to Spain, and for nearly a year it was impossible to obtain from that court an approbation of the treaty. Finally, on the 10th of February, 1 804, Don Pe- dro Cavallos, the Spanish minister, wrote to Mr. Pinckney, minister of the United States, that " his catholic majesty had thought fit to renounce his opposition to the alienation of Louisiana made by France, notwithstanding the solid reasons on which it is founded : thereby giving a new proof of his benevolence and friendship to the United States." Two important conventions signed the same day by the American and ADMINISTRATION OF JEFFERSON. 237 French negotiators, were annexed to the treaty, as well as referred to in it. The first related to the payment of the price of the cession. The first consul [Bonaparte], supposing that he carried his valuation very high, had said that he calculated on fifty millions of francs. The French plenipo- tentiary [Marbois], without entering into any explanation with him, con- sidered this estimate a good deal too low, and, as soon as the price be- came the subject of conference, stated that it was fixed at eighty millions, and that it would be useless to propose a reduction. The American plenipotentiaries could not have foreseen that the negotiation would become so important, and they were without special powers to consent to pay the price that was demanded. " Our fellow-cit- izens," said Mr. Livingston, " have an extreme aversion to public debts ; how could we, without incurring their displeasure, burden them with the enormous charge of fifteen millions of dollars ?" M.-de Marbois, on his part, insisted upon the first demand of eighty millions, and said, that for the United States, this was a sum very much below the true value of these immense territories. The two plenipotentiaries finally acquiesced, on condition that twenty millions out of the eighty should be employed in a manner settled by a special convention. This became the third instrument in the negotiation. The cession of Louisiana afforded the means of realizing promises made by the French government, that had been long illusory, namely, to pay the claims of Americans arising from requisitions, seizures, and captures of ships, made in time of peace. The American negotiators consented to pay eighty millions of francs for Louisiana, on condition that twenty mill- ions of this sum should be assigned to the payment of what was due by France to the citizens of the United States. The payment of the sixty millions of francs to the French government was made through Messrs. Hope and Labouchere, of Amsterdam, and Barings, of London, as no French banker was willing to become the me- dium of so considerable a pecuniary transaction. The terms agreed on, as well for the payment of what was due to the French treasury, as for the indemnity to the American merchants, were punctually observed. For the payment of the sixty millions, it was agreed that the government of the United States was to create a stock of eleven millions two hundred and fifty thousand dollars, bearing an interest of six per cent, per annum, pay- able half-yearly in London, Amsterdam, or Paris ; the principal of the said stock to be reimbursed at the treasury of the United States in annual payments of not less than three millions of dollars each ; of which the first payment was to commence fifteen years after the date of the exchange of ratifications ; the stock to be transferred to the government of France, or their agents, in three months after the exchange of the ratifications of the treaty, and after Louisiana should be taken possession of by the United States. 238 ADMINISTRATION OF JEFFERSON. The treaty was concluded on the 30th of April, 1803, and the respective instruments which, were drawn up in French and English, were signed by the three ministers four days afterward. Two months had not then elapsed since Mr. Monroe had sailed from New York for France. As soon as they had signed the important papers, the negotiators rose and shook hands, when Mr. Livingston, expressing the general satisfaction, said : " We have lived long, but this is the noblest work of our whole lives. The treaty which we have just signed has not been obtained by art, or dictated by force ; equally advantageous to the two contracting par- ties, it will change vast solitudes into flourishing districts. From this day the United States take their place among the powers of the first rank ; the English lose all exclusive influence in the affairs of America/' The first consul had followed with a lively interest the progress of this negotiation. It will be recollected that he had mentioned fifty millions as the price which he would put on the cession ; and it may well be believed that he did not expect to obtain so large a sum. He learned that eighty millions had been agreed on ; but that they were reduced to sixty, by the stipulation for American claims on France. To this he at first objected, but being brought to recollect that he had consented to a much smaller sum, he said to Marbois : " It is true, the negotiation does not leave me any- thing to desire : sixty millions for an occupation that will not, perhaps, last for a day ! I would that France should enjoy this unexpected capital, and that it may be employed in works beneficial to her marine. This ac- cession of territory strengthens for ever the power of the United States ; and I have just given to England a maritime rival that will sooner or later humble her pride." Hostilities commenced between France and England on the 22d of May, 1803, by the capture of some French merchant- vessels. On the same day, Bonaparte gave his ratification to the treaty of cession of Lou- isiana, without waiting for that of the United States. It was important that the accomplishment of this formality on the part of France, should not leave any ground for considering the colony as still French. The rati- fications, and their exchange, it was presumed, could experience no delay at Washington ; and after these proceedings, and the delivery of posses- sion to the United States, any attempt of the English on Louisiana would have been directed against a province of the American union. The treaty was received in the United States in July, and was ratified by the senate on the 20th of October, 1803, by 24 votes to 7. It was opposed by the federal party generally, and principally on two grounds, namely. First, that the territory of the United States was already abundantly sufficient for one government of a republican character, and that that there were immense tracts of wild lands to be filled up east of the Mississippi ; secondly, that the purchase of Louisiana was unconstitutional ; and that if the provisions and plain meaning of the national compact were violated ADMINISTRATION OF JEFFERSON. 239 or disregarded, it would prove a most injurious precedent. The govern- ment, it was said, might as well purchase Canada, Nova Scotia, Mexico, or Cuba. " There were," says Bradford, " probably some party prejudices operating to produce or reiterate these objections, and to represent the act as at once arbitrary and unconstitutional. The purchase was long a topic of dispute between the friends and the opponents of the administration." Some of the leading federalists, of enlarged views, however, approved of the measure. Among these may be named Gouverneur Morris, whose opinions on this subject have been confirmed by the national expe- rience. The area of the country thus ceded, according to the claims of France, and the estimate of Mr. Jefferson, exceeded a million of square miles ; but all, except a very small proportion of it, was occupied by savages, its natural proprietors. Its inhabitants were principally French, and de- scendants of French, with a few Spanish Creoles, Americans, English, and Germans. The whole number amounted to 80,000, or 90,000 inhab- itants, including about 40,000 slaves. The preceding statements confirm the remarks of Mr. Tucker, in his life of Jefferson : " The American ministers, instead of merely purchasing New Orleans and the Floridas, as had been the first and main object of Mr. Jefferson, were able to effect a purchase of all Louisiana, equal in extent to the whole previous territory of the United States. They owed their good fortune to the war which Was so suddenly renewed between France and England, when the government of France, convinced that the possession of Louisiana would soon be wrested from her by the superior naval power of England, readily consented to make sale of it to a third power, and the rather, as the pur chase -money was particularly acceptable to France at that time. If fortune had a full share of agency in this ac- quisition, it is no small praise to the administration that they had foreseen the probability of the result, and had promptly and skilfully availed them- selves of the occasion so as best to secure and promote the aggrandize- ment of their country." Mr. Jefferson did not think that the constitution authorized this addition to the territory of the United States, and he considered that it would be necessary to obtain a special amendment for that purpose. In a letter to Mr. Breckenridge, he remarks : " The constitution has made no provision for our holding foreign territory, still less for incorporating foreign nations into our Union. The executive, in seizing the fugitive occurrence which so much advances the good of their country, have done an act beyond the constitution. The legislature, in casting behind them metaphysical subtle- ties, and risking themselves like faithful servants, must ratify and pay for it, and throw themselves on their country for doing for them unau- thorized, what we know they would have done for themselves, had they been in a situation to do it. But we shall not be disavowed by (he nation, 240 ADMINISTRATION OF JEFFERSON. and their act of indemnity will confirm and not weaken the constitution, by more strongly marking out its lines." The contemplated amendment to the constitution, or " act of indemni- ty," as Mr. Jefferson calls it, never took place. The treaty received the sanction of the government in its different branches, and the measure was so generally acquiesced in by the people, that after a time it ceased to be a disputed question, either of constitutionality or expediency. Mr. Jefferson suggested that the less that was said about any constitu- tional difficulty, the better ; and that it was desirable for Congress to do what was necessary in silence. This caution was probably dictated from an apprehension of the effect of such discussions in France, the govern- ment of which, as the American ministers were informed, showed a dis- position to declare the treaty void, if any pretext were furnished by the United States. The president, with a view to provide for carrying the Louisiana treaty into effect, called Congress together on the 17th of October, 1803, about three weeks earlier than the day that had been previously fixed by the preceding Congress, when they adjourned in March, 1803. This was the eighth Congress, and there was a large democratic ma- jority in both branches. Nathaniel Macon, of North Carolina was again chosen speaker of the house. The treaty was ratified by the senate on the 20th of October, by a vote of 24 to 7, and on the 22d it was officially communicated to both houses, that they might provide for its execution. An act of Congress was passed within fourteen days of the time of assembling, making provision for the occupation and temporary government of Louisiana, under the au- thority of the president ; and eleven millions of dollars were appropriated as the purchase money the -remaining four millions being reserved for the indemnity of American citizens who had sustained losses by French spoliations on our commerce. The general resolution for carrying the treaty into effect, was adopted in the house of representatives by a vote of 90 to 25 ; and the resolutions for a provincial government and for the appropriation required for the purchase, were passed without a division. At an early day of this session of Congress, an amendment to the constitution of the United States was proposed, relative to the election of president and vice-president, so as to designate which person was voted for as president, and which as vice-president ; instead of the original ar- ticle, which required the electors to vote for two persons for these offices, of whom the one who had the highest number of votes was to be presi- dent. The amendment was proposed by the republicans, to provide against the disappointment which had threatened them at the election in 1801, and which had caused so much bitterness of feeling. The federalists opposed the amendment as an unwise departure from the spirit and design of the ADMINISTRATION 07 JEFFERSON. 241 constitution, which was, that two persons, fully qualified for the office of chief magistrate, should be voted for, without a specific and exclusive designation of one to the presidency ; and thus in case of the death of one, the other, who would succeed, would be equal to the discharge of the high trust. But the political friends of the president were resolved to prevent the recurrence of a similar difficulty with that which had haz- arded the choice of Mr. Jefferson in 1801. They also urged in favor of the proposed alteration of the constitution that it was more simple, direct, and proper, to designate which candidate was intended to be president, by the votes of the electors. The amendment was agreed to, by the votes of two thirds of the mem- bers of both branches of Congress, and within the year 1 804 it was ratified by the legislatures of three fourths of the several states, as re- quired by the constitution. Thirteen states were in favor of it, and three states only, namely, Massachusetts, Connecticut, and Delaware, disap- proved of the change. This amendment, which forms the 12th article of the amendments to the constitution, was announced by the secretary of state, in a public notice dated the 25th of September, 1804, as having been duly adopted and ratified. At this session of Congress the salaries of the principal officers of the government were raised nearly twenty per cent. Additional duties were imposed on imports to defray the expenses of the naval establishment then required in the Mediterranean to protect American commerce from the piratical cruisers of Tripoli. The United States navy employed in that sea was small in force, but effectual in checking the operations of the pirates of that quarter. The American officers and men gained much reputation by their valor and good conduct in the contest with Tripoli. An additional law was passed by Congress on the subject of the natu- ralization of aliens, and the time of residence required previous to their becoming citizens was placed on its original footing of five years, instead of fourteen. The federalists opposed this law, as they deemed it unreason- able to admit foreigners to all the rights of those born and educated in the United States, until they had resided a longer time in this country, while they were readily allowed protection and equal justice. By a law passed in March, 1804^, respecting Louisiana, two separate governments were established in that territory, to be organized as the president might direct. Judge Pickering, of the district court of the United States for New Hampshire, was impeached before the senate by the house of representa- tives at this session. The charges against him being proved, showing his unfitness for conducting the business of the court, in consequence of occa- sional intoxication, he was found guilty, and dismissed from office. The "house of representatives also decided to prepare articles of impeachment against Judge Chase, of Maryland, of the supreme court of the United VOL. I. 10 242 ADMINISTRATION OF JEFFERSON. States, and against Judge Peters, of Pennsylvania, of the United States district court. A committee was appointed to draw up articles in form, but the subject was postponed to the next session. The friends of the judiciary system and of the independence of the courts, were alarmed at these proceedings, which they thought indicated a disposition in the democratic party to seek occasions to attack the judges and render them odious to the people. Judge Peters was charged with arbitrary and illegal conduct, and the facts alleged were considered fully proved, but his intended impeachment was not further prosecuted. The charges against Judge Chase were for similar oppressive and arbitrary conduct in the trial of a person indicted for treason, and for displaying ma- lignant and party feelings on several occasions, particularly in the trial of a person in Virginia, under the sedition act. The trial before the senate, at the next session, on this impeachment, resulted in the acquittal of the judge. The bankrupt law which had been enacted under Mr. Adams's adminis- tration, was repealed at the first session of the eighth Congress, at the in- stance, it is believed, of Mr. Jefferson, and certainly with his hearty con- currence, as we are informed by his biographer, Mr. Tucker. As this law authorized a majority of the creditors to discharge a bankrupt trader from all his preceding debts, it was regarded by many of the other classes of the people as an invidious privilege to the mercantile community ; es- pecially in the southern states, where the agricultural pursuits are pre- dominant. It was, for this and other reasons, not viewed with favor by a large portion of the people, although many approved of the law, which they considered necessary in a commercial nation like the United States. The question on the repeal was carried in the house of representatives by 99 votes to 13. On the 27th of March, 1804, Congress adjourned, after a session of 163 days. President Jefferson had, in a confidential message to Congress, in Jan- uary, 1803, recommended an appropriation for defraying the expense of an exploring expedition across the continent to the Pacific ocean, which appropriation was made, and the enterprise was placed under the direction of Captains Lewis and Clarke. This suggestion was made before the acquisition of Louisiana by the United States, and it had long been a fa- vorite object with Mr. Jefferson to explore this part of North America. Before the expedition was ready to start, however, the treaty with France had been ratified. The exploring party consisted of thirty individ- uals, including the two leaders, arid left the banks of the Mississippi for the Pacific on the 14th of May, 1804. Mr. Jefferson himself pre- pared the instructions for Captain Lewis, which were drawn up with much wisdom and forecast. The expedition was eminently successful in geographical discoveries, and furnished the first particular information re- specting the extensive country between the Mississippi and the Pacific ADMINISTRATION OF JEFFERSON. 243 ocean. The exploring party was absent on this service about two years and three months. The difficulties with Spain had been of long continuance, and related principally to claims to territory on the Mississippi, and numerous spolia- tions by Spain on American commerce. Some of the people of the Uni- ted States were in favor of a war with Spain at this period, but pacific counsels prevailed. The objections Spain had made to the Louisiana treaty had been withdrawn, but new difficulties arose in attempts to nego- tiate a treaty respecting the boundaries and other matters in dispute.* The presidential election coming on in 1 804, Mr. Jefferson was nomi- nated for re-election, and George Clinton, of New York was placed on the ticket with him as a candidate for vice-president, in place of Colonel Burr, who had lost the confidence of the democratic party, which had elected him in 1801 . The federalists nominated Charles Cotesworth Pinck- ney, of South Carolina, for President, and Rufus King, of New York, for vice-president. The result showed the great popularity of Mr. Jefferson's administration; the republican candidates receiving 162 votes, and the federal candidates but 14. The war with Tripoli was brought to a close by the vigor and energy displayed by the American squadron in the Mediterranean ; five frigates having been sent to that quarter in 1804, under the command of Com- modore Preble, who soon brought the bey to terms, and peace was restored. The second session of the eighth Congress commenced on the 5th of November, 1 804, and terminated with the expiration of Mr. Jefferson's first term, on the 3d of March, 1805. The public debt had been increased by the purchase of Louisiana, and the Mediterranean fund, or extra duties on imports, was continued, to pay the expenses of the war with Tripoli. For the defence of the American seacoast, the president recommended the gunboat system, which in fact had been commenced in 1803, by an act of Congress authorizing a certain number of gunboats to be built. More of these vessels were now advised by the president, as the cheap- est and most effectual means of defence for the harbors of the United States. Congress, neither fulfilling the wishes of the executive, nor alto- gether resisting them, gave Mr. Jefferson the means of partially trying his favorite scheme, by the appropriation of sixty thousand dollars. The sufficiency of this species of naval defence occasioned a good deal of discussion at this time, between the opponents and the supporters of the administration. A navy had been vehemently opposed by the re- publican party during Mr. Adams's presidency, as altogether unsuited to the means of the United States, as inadequate to its defence, and more injurious to their commerce by involving the country in war, than by any protection it could afford. In the meanwhile, the insults to which our Bradford. 244 ADMINISTRATION OF JEFFERSON. merchant ships and seamen were exposed on the ocean, made the com- mercial states call aloud for some measure of protection. It is probable that these circumstances had an influence in recommending this cheap marine, which promised some defence to our harbors and coasts, and which at the same time did not subject the party in power to the charge of .inconsistency. But the scheme was vehemently assailed by the adversaries of Mr. Jefferson, in every form of argument and ridi- cule, and was triumphantly adduced as a further proof that he was not a practical statesman. The officers of the navy were believed to be, with scarcely an exception, opposed to the system of gunboats, especially those who were assigned to this service. To stem the current of public opin- ion, which set so strong against these gunboats, and to turn it into their favor, Mr. Jefferson prevailed on Thomas Paine to become their advocate through the newspapers. He set about it with his wonted self-confidence, but in spite of his logic, the public, pinning its faith on experienced men, remained incredulous, and when, soon afterward, many of the new marine were driven ashore in a tempest, or were otherwise destroyed, no one seemed to regard their loss as a misfortune ; and the officers of the navy did not affect to conceal their satisfaction ; nor has any attempt been since made to replace them.* During this session of Congress there was far less of free and inde- pendent discussion on the measures proposed by the friends of the admin- istration, than had been previously practised in both branches of the national legislature. It appeared that on the most important subjects, the course adopted by the majority was the effect of caucus arrangement, or, in other words, had been previously agreed upon at meetings of the dem- ocratic members held in private. Thus the legislation of Congress was constantly swayed by party feelings and pledges, rather than according to sound reason or personal conviction. Two important laws were passed at this session, intended to prevent the hostile and predatory acts of per- sons on board of foreign vessels in the harbors and ports of the United States ; and to regulate the clearance of armed 'American merchant vessels.f The second presidential term of Mr. Jefferson commenced on the 4th of March, 1805. On that occasion he delivered an inaugural address be- fore the members of Congress and other citizens. He reminds them of the declarations, when he entered on the office of president four years before, of the principles on which he should administer the government, and that his conscience told him he had acted up to them, according to their fair import. He adverts to the liberal principles pursued in our for- eign relations, and their success. " We are firmly convinced," he says, " and we act on that conviction, that with nations, as well as individuals our interests, soundly calculated, will ever be found inseparable from our Tucker's Life of Jefferson. f Bradford. ADMINISTRATION OF JEFFERSON. 245 moral duties." He speaks with exultation of the reduction of taxes and suppression of unnecessary offices, and yet with a revenue, which is levied on foreign luxuries, and paid by wealthy consumers, is sufficient to defray the expenses of the government, to fulfil contracts with other gov- ernments and the Indians, and to afford a surplus sufficient to redeem the public debt within a short period. That the revenue, when thus libera- ted, may by a just repartition among the states, and a correspondent amendment to the constitution, be applied, in time of peace, to " rivers, ca- nals, roads, arts, manufactures, education, and other great objects, in each state, and in time of war, it may meet all the annual expenditure within the year. He suggests that the newly-acquired territory will pay for itself before we are called upon to pay the purchase money. He notices and answers the objection that our territory has thereby been too much enlarged. He speaks of the condition of the Indian tribes as impo- sing new duties both on our justice and humanity says that now being reduced within limits too narrow for the hunter's state, they should be taught agriculture and the domestic arts, and thus be prepared for civil- ized society ; that their own prejudices present great obstacles to this change, for they too " have their anti-philosophers," who dread refor- mation. In presenting the foregoing outline of his administration, he disclaims arrogating to himself the merit of the measures which, he says, is due to the character of his fellow-citizens, their representatives in Congress, and his associates in the executive department. Adverting to the viru- lence of the press against him, he says that the punishment of the offend- ers had been left altogether to the public indignation ; that the experi- ment thus made whether " freedom of discussion, unaided by power, was not sufficient for the protection and propagation of truth, had proved suc- cessful ;" that our fellow-citizens, when called to decide the question by their suffrage, " had pronounced their verdict, honorable to those who had served them, and consolatory to the friend of man, who believes he may be intrusted with his own affairs." He disclaims making any objec- tions to the laws of the states against defamatory publications, which he thinks may exercise a salutary coercion ; and in allusion to the sedi- tion laws, says that they draw the only definite line between the ines- timable liberty of the press and its demoralizing licentiousness. " If," he remarks, " there is any impropriety which the state laws can not reach, the defect may be supplied by the censorship of public opinion." He congratulates the country on the union of sentiment lately manifested, and anticipates that those who have not yet rallied to the same point, have an increasing disposition to do so ; in the meantime, forbearance is inculca- ted. He speaks with confidence of the principles which will govern him in his future administration. He is sensible of no passion which could " seduce him knowingly from the path oi justice, hut being liable to err. 246 ADMINISTRATION OF JEFFERSON. from the weakness of human judgment, he should need their continued indulgence, and not the less for his increasing years." In.the election for members of Congress, the preponderance of the democratic party was not as great as in the election of president. Of 142 members of the house of representatives, about 40 were federalists, and subsequent events caused the latter to be occasionally joined by a section of dissatisfied republicans ; still the administration was enabled generally to sustain its measures by a majority of both houses. The ninth Congress assembled on the 2d of December, 1805, when Mr. Macon, of North Carolina, was for the third time elected speaker Three days after the annual message of the president was communicated to Congress, he sent in a confidential message on the subject of our rela- tions with Spain, the controversies with that power still remaining unset- tled. This message was referred to a select committee, of which Mr. John Randolph, of Virginia, was chairman, and by the proceedings on this subject, it soon became evident that Mr. Randolph, who had been con- sidered a leader in the ranks of the democratic party in the house, was no longer to be relied on as a supporter of the administration. The cause of this gentleman's defection and opposition (as we are in- formed by Mr. Tucker, in his life of Jefferson), was his displeasure at the refusal of the president to appoint him minister to England ; an office un- solicited by Mr. Randolph himself, but applied for by some of the Virginia delegation in Congress, who urged the executive to give him the appoint- ment. When the application and rejection were made known to Mr. Randolph, he was deeply offended, and was soon found in the ranks of the opposition, the public referring his change to his resentment. On the 3d of January, 1 806, the select committee, of which Mr. Ran- dolph was chairman, made a report declaring that the aggressions of Spain afforded ample cause of war, but that peace was the policy and in- terest of the United States, and they hoped that Spain would find motives for fulfilling her engagements, and preserving her friendly relations with the United States. Yet, as their territory had been insulted, the commit- tee submitted a resolution that such a number of troops as the president should deem sufficient to protect the southern frontier, be immediately raised. On the same day a resolution was submitted by Mr. Bidwell, of Mas- sachusetts, a prominent democratic member that an appropriation be made for the purpose of defraying any extraordinary expenses that might be incurred in the intercourse between the United States and foreign na- tions, to be borrowed and applied under the direction of the president. The first resolution was deemed by the administration and its friends, likely to involve the nation in a war with Spain, and eventually with France ; and the second was suggested as the means of preventing such a result, by enabling the president to purchase Florida. After a warm ADMINISTRATION OF JEFFERSON. 247 debate in secret session, until the llth of January, the first resolution, for raising troops, was rejected, by a vote of 72 against it to 58 in its favor. The minority was made up of the federal members, and some fifteen or twenty democrats. Mr. Bidwell's resolution, respecting the appropriation for the purchase of Florida, finally passed, after much debate, and the sum appropriated was two millions of dollars. The secret debate continued to the 6th of February, during which the minority so far prevailed as to obtain a declaration of opinion that " an ex- change of territory between the United States and Spain would be the most advantageous mode of settling the existing differences about their respective boundaries," to which arrangement it was asserted the presi- dent was opposed. The vote, however, in favor of the resolution, was 80 to 52. The course of Mr. Randolph, who carried a few of the republican party with him, created, at first, a sudden alarm and confusion among those who remained firm in the administration ranks. They, however, soon rallied, and continued in unbroken phalanx for the remainder of Mr. Jefferson's term. The opposition, however, reinforced by the acquisition of Mr. Randolph and his friends, assailed the administration at every point, and often created embarrassment, when they were unable to pro- duce defeat. The interruptions to American commerce by Great Britain, on the ground that a neutral can not carry on a trade in time of war which is not permitted to it in peace, had excited great feeling throughout all the com- mercial states ; and most of the principal towns had memorialized Con- gress or the executive on the subject. The continued impressment of American seamen afforded a further cause of complaint. The president having, on the 17th of January, sent a message to Congress on these sub- jects, with the memorials received by the executive, various propositions were submitted relative thereto, in the house of representatives. On the 17th of March, the house agreed to the policy of prohibiting the importa- tion of specific articles of British growth or manufacture, by a vote of 87 to 35, the federalists generally voting in the minority. The bill laying this prohibition passed the house on the 2Sth of March, by a vote of 93 to 32 federalists, with Mr. Randolph and two or three of his friends, constituting the minority. On the 15th of April it passed the senate, by a vote of 19 to 9. The prohibition was to take effect on the 1 Mh day of November. A bill was also passed interdicting all intercourse with the French part of the island of Hayti, which had been revolutionized by the blacks. The sum of one hundred and fifty thousand dollars was appropriated for forti- fying the ports and harbors of the United States, and two hundred and fifty thousand dollars for building gunboats. 248 ADMINISTRATION OP JEFFERSON. The other important measures were of a domestic character. Of these the first in importance as a precedent and as a measure of utility, was the act for the construction of a national road from Cumberland, in Maryland, to the state of Ohio, which passed on the 24th of March, 1806, by a vote of 66 to 50. It was opposed on the constitutional ground that the power of making roads was not given to Congress ; but to obviate this objection, the consent of the states through whose territories the road was to pass (Ma- ryland, Virginia, and Ohio) was first required. Yet if Congress had not the power of making roads, as was contended, the consent of these states could not give it.* The bill passed, however, with the approval of Presi- dent Jefferson, but the question continued to be long afterward a subject of controversy between those who were severally disposed to a strict, and a liberal construction of the constitution. Congress adjourned on the 2 1st of April, after a most animated and con- tentious session, the house of representatives having been the scene of constant bickering between the three parties into which it was divided, owing to the schism in the republican or democratic party, already re- ferred to. Those democrats who acted with Mr. Randolph, differed from the administration on some leading points of foreign policy, but while they voted with the federalists on these questions, and on some collateral points, they took especial care not to be considered by the nation as being merged in the federal party, not only by their general declarations, but by their votes on all questions not involving the policy of the administra- tion, on which occasions they concurred with the republicans. This party consisted principally of members from Virginia, and were all personally intimate with Mr. Randolph. This same party afterward received a great accession of strength in Virginia, by bringing forward Mr. Monroe as a candidate for the presidency, in opposition to Mr. Madison, and it was not until the reconciliation of these gentlemen, by the good offices of Mr. Jefferson, that its ranks were broken as a party, and that some of the scattered fragments united with the federalists, in opposition to the war and all the leading measures of the administration which preceded it.f Immediately after the decision of Congress to appropriate two millions of dollars for the purchase of Florida, the president appointed General Armstrong, of New York, and Mr. Bowdoin, of Massachusetts, joint com- missioners to effect, if practicable, a treaty, and an amicable settlement at Paris of all matters of dispute with Spain ; the affairs of that power be- ing then closely connected with those of France. The negotiation re- specting the purchase of Florida having failed, the money appropriated for that purpose was never drawn from the treasury. The Hornet sloop- of-war was despatched to France with letters of credit, to be used, if wanted, by the American ministers at Paris, for the purchase of Florida, which gave rise to a report in the United States, that two millions in specie Tucker's Life of Jefferson. t Ibid. ADMINISTRATION OF JEFFERSON. 249 were carried to France in that vessel, and actually paid to Bonaparte, without any consideration whatever. There was a want of cordiality be- tween the two American ministers at Paris, Messrs. Bowdoin and Arm- strong, which gradually ripened into an open collision. Mr. Monroe (who had, after negotiating the Louisiana treaty with France, in 1803, been ap- pointed minister to Great Britain, to succeed Mr. Rufus King) was called upon, in 1805, to join Mr. Charles Pinckney, the resident minister at Madrid, for the purpose of settling with Spain the disputed question of the boundaries of Louisiana. After spending five months with his col- league, Mr. Pinckney, at Madrid, in unavailing efforts to settle the dis- putes with Spain, Mr. Monroe returned to London in June, 1805. In May, 1806, Mr. William Pinkney, of Maryland, was associated with Mr. Monroe in the negotiation then in progress with Great Britain. In his private correspondence with Mr. Monroe at this time, Mr. Jef- ferson expressed a desire for a permanent peace with England. Mr. Fox, the leader of the whig party, being then a member of the British cabinet, Mr. Jefferson wrote to Mr. Monroe as follows : " The late change in the ministry I consider as insuring us a just settlement of our differences, and we ask no more. In Mr. Fox, personally, I have more confidence than in any man in England, and it is founded in what, through unquestionable channels, I have had opportunities of knowing of his honesty and good sense. While he shall be in the administration, my reliance on that gov- ernment will be solid. We had committed ourselves in a line of proceed- ing adapted to meet Mr. Pitt's policy and hostility, before we heard of his death [alluding to the non-importation law], which self-respect did not permit us to abandon afterward. It ought not to be viewed by the minis- try as looking toward them at all, but merely as the consequences of the measures of their predecessors, which their nation has called on them to correct. I hope, therefore, they will come to just arrangements. No two countries upon earth have so many points of common interest and friend- ship ; and their rulers must be great bunglers indeed, if, with such dispo- sitions, they break them asunder. The only rivalry that can arise is on the ocean. We ask for peace and justice from all nations, and we will remain uprightly neutral in fact, though leaning in belief to the opinion that an English ascendency on the ocean is safer for us than that of France." In the year 1806, the public mind was much excited by the expedition of Colonel Burr in the western country, which was supposed to have had for its object the dissevering of the Union and the establishment of an in- dependent government west of the Allegany mountains. But the circum- stances which were disclosed at his trial seemed rather to indicate an expedition against the Spanish provinces of Mexico and adjoining territo- ries. Burr was arrested near Fort Stoddard, on the banks of the Toin- bigbee river, then in the Mississippi territory, in February, 1807, and 250 ADMINISTRATION OF JEFFERSON. thence conducted as a prisoner to Richmond, Virginia, where he was in- dicted by the grand jury, for high treason, in June following. He was put on trial, before Judges Marshall and Gilpin, and acquitted in August of the same year. The verdict was, " We of the jury say, that Aaron Burr is not proved to be guilty under this indictment, by any evidence submitted to us. We therefore find him not guilty." Burr was tried at the same court on an indictment for misdemeanor, and acquitted. The second session of the 9th Congress lasted from the first of Decem- ber, 1806, to the 3d of March, 1807. The president informed the house that the negotiation with Great Britain was proceeding in a spirit of ac- commodation, since the delay occasioned by the death of the British min- ister (Mr. Fox) charged with that duty. He mentioned that the Amer- ican ministers at London (Monroe and Pinkney) had suggested that a temporary suspension of the non-importation act would have a happy ef- fect on the course of the negotiation. In pursuance of this recommenda- tion, a bill was passed in the house on the 6th of December, with only five dissentients, to suspend the act to the 1st of July, and amended in the senate so as to authorize the president to suspend it to the second Mon- day in December succeeding. An appropriation of one hundred and fifty thousand dollars was voted by the house for building thirty gunboats ayes 68, noes 36. In con- formity with the recommendation of the president, a law was passed to prohibit the African slave-trade after the 1st of January, 1808. The tax on salt was repealed, and the extra duties for the Mediterranean fund were continued. Congress also made a liberal compensation to Captains Lewis and Clarke and their companions, in donations of land, for their services in the important expedition across the Rocky mountains to the Pacific. In the negotiation of a treaty with Great Britain, Mr. Fox, while in the cabinet, but a short time before his death, was prevented by indisposition from taking part, and before it had made much progress the nation was called upon to mourn for his decease. As Mr. Jefferson anticipated a complete change of ministry from this event, with his hopes of a success- ful negotiation greatly moderated, he thought it prudent to give more ex- plicit instructions to the American envoys. They were therefore in- formed of his views on the subjects of impressments, neutral commerce, blockades, East and West India trade, and indemnification ; and they were instructed not to enter into any treaty which did not provide some security against the impressment of American seamen. These despatches were, however, too late. They were dated the 3d of February, 1807, and a treaty was signed in London on the 31st of December preceding, by Messrs. Monroe and Pinkney on the part of the United States, and on the part of Great Britain by Lords Holland and Aukland. The day before Congress rose, the president received from Mr. Erskine, the British minister at Washington, a copy of the treaty, and it fell so far ADMINISTRATION OF JEFFERSON. 251 short of what he conceived to be the just claims of the United States, as well as of his instructions, that he decided at once on not submitting it to the senate, but to try the effect of further negotiation. Besides other ob- jections, there were two that were insuperable. These were, that the treaty contained no provision whatever on the subject of impressment and because it was accompanied by a note from the British ministers, by which the British government reserved to itself the right of releasing itself from the stipulations in favor of neutral rights, if the United States submitted to the Berlin decree, or other invasion of those rights by France, The treaty consisted of twenty-six articles, and confirmed the perma- nent and unexpired articles in Mr. Jay's treaty of 1794. On the subject of the rights of neutrals, and some other points, the two treaties were substantially the same. One of the new features in the treaty of 1806, was, that Great Britain consented that the United States should have a circuitous trade with the colonies of her enemies during the existing hos- tilities. This treaty was more favorable to the United States than that of 1794, in some respects, and less advantageous in limiting the trade to the British colonies in India to direct voyages, and in providing no compen- sation for illegal captures. Mr. Tucker, in his life of Jefferson, remarks, that as a treaty of navigation and commerce it was not better than that ne- gotiated by Mr. Jay ; and that Mr. Jefferson could not, with any regard either to the equal rights of his country, or to his own consistency, have given it the sanction of his approbation, even had it been free from the two insuperable objections that have been mentioned. The course of the president, in rejecting the treaty with Great Britain, was soon publicly known, and caused great excitement throughout the na- tion. The commercial community particularly, regretted the rejection of the treaty, and the federal party were loud in their denunciations of the president, on public occasions, in conversation, and through the opposition press. It was insisted that the president ought to have laid the treaty be- fore the senate ; and if they approved, to adopt it, as it was, or to propose some modification of it, as was done in the case of the treaty made with France in 1801. The American envoys, Monroe and Pinkney, had signed the treaty, and they were the political friends of the president ; and it was believed that one more favorable could not be obtained ; that it was to be preferred to open war, or entire non-intercourse with Great Britain, for which some then contended, as the best policy. A rejection of the treaty, it was feared, might lead to immediate hostilities, and a system of non-intercourse would greatly diminish American commerce and navi- gation, and also provoke Great Britain to retaliate by increased depreda- tions, under color of exercising her belligerent rights, as necessary to her own safety against the naval policy of France, her powerful rival and enemy. The democratic party fully justified the president. They insisted that 252 ADMINISTRATION OF JEFFERSON. the advice of the senate could not bind him, and ought not to prevail against his opinion. That it was a matter of discretion and prerogative with him to submit it to the senate or not ; that if in great doubt himself, he might lay the subject before that body, and if they advised to its adop- tion, to give it his consent, and place the responsibility on them. This might have been the most prudent course ; but if he was decidedly op- posed to the treaty, as injurious and dishonorable, he ought, as chief magis- trate, to have the power to withhold it. The adoption of the treaty with- out the additional note or article of the British ministers, would have been more consistent with good policy, in a neutral government, as that of the United States then was ; and would have manifested a sincere desire to conciliate Great Britain, whose good will toward America was highly im- portant. The rejection of the treaty had an unfavorable effect on the British government and their naval commanders. They thought they saw in it an unwillingness on the part of the president to conciliate that nation, or to preserve friendly relations between the two countries.* The American ministers who negotiated the treaty with England, com- plained of the manner in which it was received, as they considered it highly advantageous to this country, particularly with regard to two points of dispute, namely, the rights of neutrals and. the practice of blockade adopted by England. On the third point in dispute, that the American flag should protect all who sailed under it, England, her ministers said, could not concede this without abandoning her maritime force ; and while this point was a sine qua non no adjustment with her could be effected. Yet Pinkney and Monroe obtained assurances from the British ministry, though not in the form of a treaty, which they deemed satisfactory. It was expressly offered by the British government, when it asserted a right to take its own subjects wherever found, after requesting their surrender of the commander of the vessel to which they then belonged, that its ships-of-war should give up any American citizens on board, on request and proof that they were such. There can be but little doubt that the refusal to ratify the treaty with Great Britain negotiated by Monroe and Pinkney, was a primary cause of the embargo and other restrictive measures which soon after followed, and finally led to the war of 1812. The change of ministry in England, by the death of Mr. Fox, placed Mr. Canning in the cabinet, as secretary for foreign affairs. In their in- terviews with Mr. Canning, after they were informed of the president's re- jection of the treaty, the American ministers were soon satisfied that there was little probability of a more successful negotiation. In conformity with instructions received from Mr. Madison, secretary of state, Messrs. Mon- roe and Pinkney addressed a note to Mr. Canning, on the 24th of July, 1807, proposing a renewal of the negotiation, and submitted to him the Bradford. ADMINISTRATION OF JEFFERSON. 253 alterations they proposed in the rejected treaty. The attack on the Ches- apeake frigate caused a suspension of correspondence, so that Mr. Can- ning did not reply to the American ministers until the 22d of October, when, after justifying the reservation made of the right to retaliate the French decrees, and insisting that the subject of the " impressment of British seamen from merchant vessels" formed no part in the treaty, and was entitled only to a separate and subsequent discussion, he protests, in behalf of his government, " against a practice, altogether unusual in the political transactions of states, by which the American government as- sumes to itself the privilege of revising and altering agreements concluded and signed in its behalf by its agents duly authorized for that purpose ; of retaining so much of those agreements as may be favorable to its own views ; and of rejecting such stipulations, or parts of stipulations, as are conceived to be not sufficiently beneficial to America." He therefore in- forms the American ministers that the proposal " for proceeding to nego- tiate anew, upon the basis of a treaty already solemnly concluded and signed, is wholly inadmissible."* In a letter to Mr. Monroe, Mr. Jefferson remarked, if the treaty could not be made more acceptable, the next best thing was to let the negotia- tion die away insensibly, and in the meantime, to agree informally that both parties should act on the principles of the treaty, so as to preserve a friendly understanding. He adds, that as' soon as Mr. Monroe sees the amendment of the treaty is desperate, he can follow his desire of return- ing home. Mr. Monroe therefore returned to the United States at the close of the year 1807. At this time the British maintained a squadron which cruised along the coast of the United States, under pretence of enforcing belligerent rights. Vessels-of-war belonging to France and to England might come into the ports of the United States. Those of France came, and those of England came to seek them. Five seamen had deserted from the British sloop-of- war Halifax, in March, 1807, and enlisted on board the United States frigate Chesapeake, then lying in Hampton Roads, and commanded by Captain Barron. Four separate demands were made for these men, but without success ; one on Lieut. Sinclair, of the Chesapeake ; one by the British consul, on the mayor of Norfolk ; one on Captain Decatur ; and one by the British minister, on the secretary of state. The Chesapeake sailed with these five men on board, but while going down the bay, all but one deserted and got on shore. On the 23d of June, when at sea, not far from the capes of Virginia, the Chesapeake was met by the British ship Leopard, of fifty guns, com- manded by Captain Humphreys. The Chesapeake carried forty-four guns. Humphreys sent his boat with a note to Barron, informing him that his commanding officer, Admiral Berkeley, had directed him to take any Brit- Tucker. 254 ADMINISTRATION OF JEFFERSON. ish deserters on board the Chesapeake, by force if necessary, and to allow on his part of a search for American deserters. Captain Barron refused permission to search, and stated that he had instructed his recruiting offi- cer not to enlist British subjects, and that he had no knowledge that any were on board. On this answer being received, the Leopard fired into the Chesapeake, and the latter being taken by surprise, and unprepared for action, did not return the fire, and immediately struck her flag. A boat from the Leopard having been then sent to the Chesapeake, the Amer- ican officers tendered their swords to the British officer commanding, but he declined receiving them, demanded the muster-roll of the ship, and having taken off four men, whom he claimed as British subjects, left the Chesapeake, which then returned to Hampton Roads. Three of these men had previously entered the British service, but were Americans by birth, and had been formally demanded at Washington.* This was a gross outrage on the part of the British commander, what- ever the provocation may have been, because the universally-acknowl- edged principle is, that a national ship at sea and the territory of its na- tion are alike inviolable. The British government so understood this mat- ter, and disavowed the act of its officer, and offered a proper and honora- ble reparation, which was finally accepted before the war, and therefore this did not make one of the causes which led to that calamity.! This affair of the Chesapeake excited the indignation of the whole country ; both parties cordially united in a desire that the honor of the country should be avenged. Many were anxious for a declaration of war with England, but the president preferred a pacific course, and determined to give Great Britain an opportunity of disavowal and reparation. This course proved a wise one, as the affair was finally amicably settled, after a somewhat tedious negotiation. The French emperor, Napoleon, was at this period in the full tide of success and conquest, having subdued and brought under his control a large part of continental Europe. But the English navy had nearly destroyed the French power at sea. The battle of Trafalgar annihilated the united fleets of France and Spain ; and all the principal ports of the French empire, with a long extent of seacoast, were held in vigorous blockade by the British squadrons. To retaliate on the British, the Emperor Napoleon devised a new plan of attack, which he called the Continental System. The object of this scheme was to cut off all intercourse between the continent of Europe and Great Britain, and thus weaken England by destroying this portion of her commerce. On the 21st of November, 1806, Napoleon, having defeated the Prus- sians, and entered Berlin, the capital of that kingdom, issued from the royal palace of that city his celebrated Berlin decree ; by which he de- Tucker. t Sullivan. ADMINISTRATION OF JEFFERSON. | 255 clared the British isles in a state of blockade ; and, consequently, that every American or other neutral vessel going to, or coming from, these isles, was subject to capture. The same decree provided that all mer- chandise belonging, to. England, or coming from its manufactories, or colo- nies, although belonging to neutrals, should be lawful prize on land. This provision was carried into effect. General Armstrong, American minister at Paris, regarded the Berlin decree at first as inapplicable to American commerce, on account of the treaty then existing between the United States and France, but in Oc- tobwr, 1807, in answer to his inquiry as to the effect of the decree the French minister of foreign relations informed him of his mistake The condemnation of American vessels commenced in November fol- lowing. The British government, in retaliation of Napoleon's Berlin decree, is- sued their famous orders in council, dated November 11, 1807. By these orders, all direct trade from America to any part of Europe at war with Great Britain, or which excluded the British flag, was totally prohibited. Goods, however, were allowed to be landed in England, and, after paying duties, might be re-exported to Europe. On the 17th of December suc- ceeding, the orders in council were followed by the Milan decree of Na- poleon, which declared that every vessel that should submit to be searched by a British man-of-war, or which should touch at a British port, or should pay any impost whatever to the British government, should be denation- alized, and subject to seizure and condemnation. These edicts of the two belligerent powers were, of course, destructive to the principal part of the foreign commerce of the United States. Amer- ican vessels trading directly with French ports were liable to capture by British cruisers ; and if they touched at a British port, they were confis- cated on arriving in France. The British orders in council operated with the most severity on American commerce, as through their powerful navy the English possessed the means of enforcing them. The critical situation of our foreign relations induced the president to call the tenth Congress together on the 25th of October, 1807. The dem- ocratic majority continued large in both branches. Joseph B. Varnum, a friend of the administration from Massachusetts, was chosen speaker of the house of representatives. In consequence of the hostile edicts of France and England, the presi- dent, in a confidential special message, on the 18th of December, recom- mended to Congress the passage of an act laying an embargo on all ves- sels of the United States. The message did not allude to the British or- der in council, although Mr. Tucker informs us in his life of Jefferson, on the authority of Mr. Madison, then secretary of state, that the govern- ment had received information, through an authentic private channel, that the British ministry had issued an order against neutral commerce, in re- 256 ADMINISTRATION OF JEFFERSON. taliation of the Berlin decree ; which information was confirmed by a ministerial English newspaper received at the same time. The subject was immediately discussed in both houses of Congress, in secret session ; and a bill laying an embargo was passed on the 22d of December, 1807, at eleven o'clock at night, by a vote of 82 to 44. A sim- ilar bill had passed the senate on the very day the subject was introduced, by a vote of 22 to 6. According to this bill, all American vessels were prohibited from sailing for foreign ports ; all foreign vessels from taking out cargoes ; and all coasting vessels were required to give bond to land their cargoes in the United States. The embargo was violently opposed by the federal party and their few democratic associates in Congress. It was also extremely unpopular among a large portion of-the people, particularly in the states most inter- ested in commerce and navigation. The federalists throughout the United states, denounced the restrictive measures of the administration, but the democratic party generally ap- proved of and sustained them. There were, however, some exceptions even among that party ; and in the city of New York a public meeting was held, soon after the passage of the embargo act by Congress, at which De Witt Clinton, then a leading democrat in the state of New York, presided ; and at this meeting resolutions were adopted disapproving of the embargo. The American Citizen, a democratic paper published in that city by James Cheetham, came out decidedly against the measure. Mr. Clinton shortly afterward renounced his opposition, and sustained this and other measures of Mr. Jefferson's administration. Those who opposed the embargo policy believed it would prove una- vailing in its influence to induce the British ministry to adjust existing disputes with the United States ; another objection to the embargo was, that the act contained no provision for limiting it to a definite period. An embargo had been laid by the continental Congress early in the war of the revolution, and again in 1794, during the administration of Washington ; but these were limited to thirty or sixty days. The act of 1807 was unlimited as to the term of its operation, and it could not be repealed by a majority vote of Congress, as the act of repeal would be subject to the president's veto, after which a two-third vote would be necessary in Congress. If it were intended as a measure of annoyance and injury to a foreign nation, it was putting it in the power of the president to make war ; and if it were de- signed chiefly as a means of safety, ;; was said, the merchants were the best judges as to the risks and the dangers. And there was reason to be- lieve that the measure had been recommended and adopted at the secret instance of the French emperor, who sought to destroy the commerce of Great Britain ; and who insisted on the co-operation of the United States, directly or indirectly, in his plans to subjugate his enemy. The letters of the American envoys in Paris, afterward published, stated various con- ADMINISTRATION OF JEFFERSON. 257 vefsations and facts which showed that the emperor expected an embargo would be laid by the American government, and that it would meet his approbation. Napoleon had said that there should be no neutrals; that the United States should be decided friends, or he must treat them as en- emies. And he predicted in October that an embargo would be laid in America, which was done in December following. Mr. Jefferson used the following language in a confidential letter to the American minister in Paris, in October, 1808 : " Bonaparte does not wish us to go to war with England ; knowing we have not ships sufficient to carry on such a war. And to submit to pay England the tribute on our coirmerce, which she demands by her orders in council, would be to aid her in the war against France, and would give the emperor just ground to declare war on us." Notwithstanding the difficulties in which American commerce was in- volved by the conduct of both England and France, it was the opinion of men entitled to respect and confidence for their good judgment, that nego- tiations conducted in a proper spirit would have prevented the difficulties and evils which occurred to the United States ; and that more decision and firmness would have prevented war and preserved commercial pros- perity. In France, the American envoys expressed surprise that some resentment was not manifested against the French government by that of the United States. And the American ministers in England expressly declared, that a treaty might have been made with that government which, if not in all respects such as was desired, might have been accepted with- without injury or dishonor to the United States.* The embargo question, and subjects connected with it, occupied much of the time of this session of Congress, which closed on the 25th of April, 1808. The president, on the 2d of February, communicated to Congress the British orders in council of the llth of November, and on the 17th of March he sent to that body the Milan decree of Napoleon. Spain issued similar decrees soon after the latter. The committee of Congress to whom these and other documents were referred, made a report on the 16th of April, recommending for the pres- ent a continuance of the embargo, but that the president have power to suspend it until the next session of Congress. A law was therefore passed authorizing the executive to suspend the embargo act in the event of a peace in Europe, or of favorable changes in the measures of the bel- ligerents affecting neutral commerce. Some measures of defence were adopted by Congress ; such as the erection and repair of fortifications OH the seacoast, and for building and manning a large number of gunboats ; for raising eight additional regi- ments of troops ; for detaching one hundred thousand of the militia for service, if required, and for arming the whole body of the militia in the United States. Bradford. VOL. I. 17 258 ADMINISTRATION OF JEFFERSON. While Congress was in session. Mr. Rose, a special minister from England, arrived at Norfolk for the avowed purpose of adjusting the affair of the frigate Chesapeake. On arriving at Washington he opened a cor- respondence with Mr. Madison, secretary of state, but as the British envoy required, in conformity to his instructions, that the president's proclama- tion interdicting British vessels-of-war from the harbors of the United States, should be withdrawn before entering on the subject of reparation and this being refused by our government, the negotiation was broken off. Mr. Rose, therefore, embarked for England about the last of March, in the same frigate which brought him out. This correspondence created a new theme for discussion between the two political parties of the nation ; the federalists thought the administra- tion wrong in not revoking the proclamation, while the democrats justified the president and secretary of state in the course adopted. The federal- ists also asserted that Mr. Jefferson was indulging his ancient animosity against England, and furthering the views of France, and that the em- bargo was recommended to the party in power chiefly by its operating more injuriously on England than on her enemies. The operation of the embargo law, although the measure was sustained by a majority of the American people, was the occasion of great distress, par- ticularly among the commercial community, throuighout the United States, and put the patriotism and firmness of all to a severe test. Dependent as we were on foreign markets for the sale of our redundant products, now that we were not permitted to export them, they fell to half their wonted price, and even less. To many of the producers they did not repay the cost of production. The supply of foreign merchandise, too, which habit had made necessary, and of which there was no domestic supply, or an insufficient one, being cut off, its price rose proportionally high, and thus the expen- ses of the agricultural classes increased in the same proportion that their means of defraying them diminished. It bore still harder on the sailors and ship-owners, who were thrown entirely out of employment and here the pressure was most severely felt in the states that were most addicted to navigation. It is true it operated as a bounty on manufactures, by ma- king them scarcer and dearer, but this at first benefited but a small pro- portion of the community. The embargo was also severely felt by the belligerents, and especially by England. The United States were the most extensive and profitable of all the customers of Great Britain, and the loss of our trade must be grievously felt by her manufacturers. Thus it was a trial between the two nations, England and the United States, who could suffer longest. In this contest, however, we lay under a disadvantage ; for, in the first place, we deprived Great Britain of the trade of only one nation, while we de- prived ourselves of the trade of all ; and in the next, our adversaries could procure cotton from Brazil, Egypt, and the East Indies, tobacco from South ADMINISTRATION OF JEFFERSON. 259 America, naval stores from Sweden, lumber from Nova Scotia, and grain from the Baltic, though at a greater cost ; but we, exporting nothing, were unable to import the woollens, linens, silks, hardware, and pottery, to which we were accustomed and which we had not yet learned to make.* Another disadvantage (noticed by the same writer) attending this pol- icy, was the change of trade from the United States, by being forced into new channels. Thus it was long after the peace before the West Indies furnished as extensive a market for American products as before the embargo. Whatever were the hazards of capture, from the edicts of the bell ; erents, they could be fairly estimated by the merchants, and to prohibi -hem from employing their capital in this way was to withhold from them v profit within their reach, and was an injury, not only to them, but to th'- whole class of their customers, whether producers or consumers. It w s further injurious in increasing the profits of illicit trade, and, con- sequently, the temptations to engage in violations of the embargo law, and smuggling, to the injury of patriotic merchants and the benefit of those who disregarded the laws. The violent opposition to this measure of the administration, gradually weakened the democratic party and strengthened the federalists, particu- larly in the middle and eastern states. Still the administration were enabled to sustain themselves with a majority of the people. In reference to the operation of the embargo, Mr. Jefferson remarks, in a letter to Doctor Leib on the 23d of June, 1808 : " The federalists are now playing a game of the most mischievous tendency, without, perhaps, being themselves aware of it. They are endeavoring to convince England that we suffer more by the embargo than they do, and that, if they will but hold out awhile, we must abandon it. It is true, the time will come when we must abandon it. But if this is before the repeal of the orders in coun- cil, we must abandon it only for a state of war. The day is not distant when that will be preferable to a longer continuance of the embargo. But we can never remove that, and let our vessels go out and be taken under these orders, without making reprisal. I think that in two or three month? we shall know what will be the issue." While the nation was greatly agitated by the condition of the country, in view of the critical state of our foreign relations, the presidential elec- tion came on. There was some division among the democrats in Virginia with regard to a successor of Mr. Jefferson, as president of the United States. It had been understood generally by the party that Mr. Madison would be selected, but Mr. Monroe's claims were strongly pressed by his- personal friends, among whom was John Randolph. On the 23d of Jan- uary, 1808, soon after Mr. Monroe's return from England, the friends of each candidate tried their strength at a caucus of the members of the legis- lature of Virginia, when 134 declared in favor of Mr. Madison, and 47 Tucker. 260 ADMINISTRATION OF JEFFERSON. for Nir. monroe. A caucus of the democratic members of Congress was held at Washington on the same night, when Mr. Madison received 83 votes, Mr. Monroe 3, and George Clinton 3. Mr. Madison was therefore nominated for president ; at the same time, George Clinton was nominated for re-election as vice-president. When the election came on, James Madison received 122 electoral votes for president, and George Clinton 113 votes for vice-president. The federal candidates, Charles C. Pinckney for president, and Rufus King for vice-president, received each 47 votes. Of the democratic votes, 6 were given to George Clinton for president ; and for vice-president. 9 were given to John Langdon, 3 to James Madison, and 3 to James Monroe. The states which supported the federal candidates were New Hamp- shire, Massachusetts, Rhode Island, Connecticut, and Delaware ; also two districts in Maryland, and three in North Carolina. General Armstrong, the American minister at Paris, in 1808, in pursu- ance of his instructions, remonstrated with M. Champagny, the French minister of foreign relations, against the condemnations of American ves- sels and cargoes under the Berlin and Milan decrees, which he showed to be clear infractions of the treaty of 1800. To the several remonstran- ces made by the American minister against the captures and burning of American property, no answer was given by the French government. Mr. Madison, secretary of state, wrote to General Armstrong on the 29th of May, 1 808, to inform him of the power given to the president to suspend the embargo, and requested him to inform the French government that the effect of revoking her decrees would be to compel Great Britain to follow her example, or to be at war with the United Stales ; and on the other hand, should Great Britain revoke her orders in council, France could not persist in her decrees without forcing a contest with the United States. Thus, instead of a suspension of the embargo, as to France, on repeal- ing her decrees, it was supposed that a sufficient inducement might be presented in other considerations. War with Great Britain was, in short, indicated as the consequence of such repeal. This offer was unnoticed by the French minister. Mr. Pinkney, the American minister in London, in writing to Mr. Can- ning, the British minister, as instructed, stated explicitly, that on Great Britain rescinding her orders in relation to the United States, they would open their trade with her, and keep it shut to her enemy, if he failed also to rescind his decrees. This offer was unhesitatingly rejected. Mr. Canning, in reply to Mr. Pinkney, in September, 1808, said, that as the application made to the French government by the United States had not met with a favorable reception, his majesty (the king of England) could not change his course. That he saw nothing in the embargo to induce the change. If it were regarded as a measure of hostility, it was mani- ADMINISTRATION OF JEFFERSON. 261 festly unjust toward him. The redress should be first made by the party originating the wrong. He professes every disposition to be on amicable terms with the United States ; says the depression of other countries is not desired by his nation ; that the prosperity of America is essentially that of Great Britain, and her strength and power are not for herself, but for the world. That when a readjustment of the present differences should take place, both nations would better appreciate the value of each other's friendship. The correspondence betwen Mr. Pinkney and Mr. Canning, extending through a series of letters, was unsatisfactory, and led to no result. The letters of the British minister are more remarkable for a display of wit and sarcasm, than for those qualities which might be expected to distin- guish a practical statesman of the admitted talents of Mr. Canning. On the 7th of November, 1808, Congress assembled, at the time ap- pointed at the last session, and on the 8th Mr. Jefferson sent to both houses his last annual message. The subject of the foreign relations was, on the llth of November, re- ferred to a committee of the house of representatives, who, on the 22d, made a report, concluding with three resolutions submitted for the consid- eration of the house : 1st. That the United States could not, without a sacrifice of their rights, honor, and independence, submit to the late edicts of Great Britain and France. 2d. That it was expedient to prohibit the admission of either the ships or merchandise of those belligerents into the ports of the United States. 3d. That the country ought to be immediately placed in a state of defence. After a protracted debate, the first two resolutions were passed, by three fourths of the votes, and the last unanimously. A similar debate on the same subject, in the senate, was introduced by a motion to repeal the embargo law. The motion was supported by its mover, Mr. Hillhouse, of Connecticut, and by Messrs. Pickering and Lloyd, of Massachusetts, and White, of Delaware. It was opposed by Messrs. Pope, of Kentucky, Smith, of Maryland, Crawford, of Georgia, and Moore and Giles, of Virginia. The question on the resolution was taken on the 2d of December, when it appeared that there were but six votes in its favor, to twenty-five against it. In pursuance of the third resolution adopted by the house, the sum of four hundred and seventy-five thousand dollars was appropriated to forti- fications, principally at New York ; four frigates were ordered to be equipped in addition to the naval force already in service ; three thousand six hundred seamen to be enlisted, in addition to those already in service, and an addition was made to the marine corps. While the report which earnestly urged the impolicy of repealing the embargo act was adopted by so large a majority, the greater part even of the friends of the administration had no expectation that it would be 262 ADMINISTRATION OF JEFFERSON. continued many months longer. Some thought it ought to be repealed in the spring, but none were desirous of extending it further than the 1st of September. Looking forward to the change of policy, various expedients connected with the repeal were proposed, but neither of these propositions according with the views of a large majority, they were all postponed on he 10th of February, by 65 votes to 55.* In the meanwhile the embargo was pressing with increasing severity on every class of the community, whether producers or consumers, and this pressure drove the people of New England, where the embargo was most felt, to a point of disaffection which had never before been witnessed in the United States. Many, therefore, entertained strong hopes that some course would be taken during the present session, by which the industry and enterprise of the country might be again put into activity, its vessels be once more suffered to venture on the ocean, and perhaps be permitted to arm in their own defence, if not to make reprisals. Among the many objections to the embargo, there was one which operated strongly on its friends, and that was the frequency with which it was violated. There were also many cases in which the law was clandestinely evaded. The majority of Congress who were willing to try it longer, rather than resort to war, passed a law during this session, which armed the executive with new powers for enforcing it. The administration and the majority who supported it were, before Con- gress rose, turned from the purpose of trying the embargo a few months longer, from fear of the growing disaffection of the New England states. It has appeared by subsequent disclosures, that in the month of Febru- ary, Mr. John Quincy Adams, who had supported the administration in the embargo and other measures of policy, ever since the affair of the Ches- apeake, and who, finding his course was not approved by the legislature of Massachusetts, had resigned his seat in the senate of the United States, made to the president a communication to the following effect, namely : that from information received by him, and which might be relied on, it was the determination of the ruling party in Massachusetts, and even New England (federalists), if the embargo was persisted in, no longer to submit to it, bul-to separate themselves from the Union ; at least until the existing obstacles to commerce were removed ; that the plan was already digested, and that such was the pressure of the embargo on the commu- nity, that they would be supported by the people. The danger thus threatening the Union was deemed paramount to all other considerations, and the president, with his cabinet, concluded that it would be better, to modify their interdiction of commerce in such a way that, while employment was afforded to American vessels, Great Britain and France should still feel the loss of American commerce. Congress accordingly passed a law for repealing the embargo after the 15th of March Tucker. ADMINISTRATION OF JEFFERSOX. 263 as to all nations except France and Great Britain, and interdicting with them all commercial intercourse whatever, whether by exporting or im- porting, either directly or circuitously. This measure has always since gone under the name of the non-intercourse law. It passed the house of representatives on the 27th of February, by 81 votes to 40, and became a law on the 1st of March, 1809. The repeal of the embargo took effect on the 15th of the same month. It is not known whether the information thus communicated by Mr. Adams was entirely accurate,* but that the growing discontents of the country made some change expedient, would seem to be very reasonable. In most of the state legislatures of New England there was a systematic purpose to defeat the measures of the general government, especially in * The following statement was authorized by Mr. Adams, and published in the National Intelligencer of October 21, 1828, and repnblished in Niles's Register, vol. xxxv., p. 138 : " At the session of Congress which commenced in November, ^808, Mr. Adams was a pri- vate citizen, residing at Boston. The embargo was still in force, operating with extreme pressure upon the interests of the people, and was viewed as a most effective instrument by the party prevailing in the state against the administration of Mr. Jefferson. The people were constantly instigated to forcible resistance against it, and juries after juries acquitted the violators of it, upon the ground that it was unconstitutional, assumed in the face of a solemn decision of the district court of the United States. A separation of the Union was openly stimulated in the public prints, and a convention of delegates of the New England states, to meet at New Haven, was intended and proposed. " Mr. Giles, and several other members of Congress, during this session, wrote to Mr. Ad- ams confidential letters, informing him of the various measures proposed as reinforcements or substitutes for the embargo, and soliciting his opinions upon the subject He answered these letters with frankness, and in confidence. He earnestly recommended the substitution of the non-intercourse for the embargo ; and, in giving his reasons for this preference, was necessa- rily led to enlarge npon the views and purposes of certain leaders of the party which had the management of the state legislature in their hands. He urged that a continuance of the em- bargo much longer would certainly be met by forcible resistance, supported by the legislature, and probably by the judiciary of the state. That to quell that resistance, if force should be resorted to by the government, it would produce a civil war ; and that in that event, he had no doubt the leaders of the party would secure the co operation with them of Great Britain. That their object was, and had been for several years, a dissolution of the Union, and the es- '; tablishment of a separate confederation, be knew from unequivocal evidence, although not (_ proveable in a court of law ; and that, in the case of a civil war, the aid of Great Britain to ef- feet that purpose would be as surely resorted to, as it would be indispensably necessary to the design. That these letters to Mr. Giles were by him communicated to Mr. Jefferson, Mr. Ad- ams believes. He believes, likewise, that other letters from him to other members of Con- gress, written during the same session and upon the same subject, were also communicated to him. In one of the letters to Mr. Giles he repeated an assurance which he had verbally given him during the preceding session of Congress, that he had for his support of Mr. Jefferson's ad- ministration no personal or interested motive, and no favor to ask of him whatever." On being called upon in November, 1828, by Hon. Harrison Gray Otis, William Prescott, William Sullivan, and other leading federalists of Massachusetts, to furnish his proofs relative to the charges made by him of a design by the leaders of the federal party in Massachusetts to effect a dissolution of the Union in 1808, Mr. Adams declined to do so at that time, but intima- ted that at gome future day a sense of duty might reqn>e him to disclose the evidence which he possessed on the subject The correspondence was published in Niles's Register, vol. xxxv. In their letter to Mr. Adams, Messrs. Otis and others declare, that " they have never known nor suspected the prty which prevailed in Massachusetts in 1808, or any other party in this tale, ever entertained the detign to produce a dissolution of the Union, or the establishment of a separate confederation." 264 ADMINISTRATION OF JEFFERSON. preventing the execution of the law last enacted for enforcing the embar- go. In Connecticut a law was passed to prevent those searches in pri- vate houses, which the act of Congress authorized under particular cir- cumstances.* The administration of Mr. Jefferson terminated on the 3d of March, 1809. He received addresses from the legislatures of the states of Ver- mont, New Jersey, Pennsylvania, Maryland, and Georgia, and from the senate of New York, and the house of delegates of Virginia, to serve a third term, but he chose to decline being again a candidate, offering as a reason a desire to conform to the precedent made by General Washing- ton. In his correspondence with his friends at the time, he expressed his gratification at being enabled to retire to private life. After waiting to witness the inauguration of his successor, he left the seat of govern- ment for his favorite seat of Monticello. At the period when Mr. Jefferson resigned the reins of government into the hands of his chosen friend, Mr. Madison, the country was involved in gloom and despondency. A report of a committee of the legislature of Massachusetts, in January, 1 809, drew the following picture of the stale of the country at that time : " Our agriculture is discouraged. The fisheries abandoned. Naviga- tion forbidden. Our commerce at home restrained, if not annihilated. Our commerce abroad cut off. Our navy sold, dismantled, or degraded to the service of cutters or gunboats. -The revenue extinguished. The course of justice interrupted. And the nation weakened by internal ani- mosities and divisions, at the moment when it is unnecessarily and im- providently exposed to war with Great Britain, France, and Spain." Such were the views of the opponents of Mr. Jefferson's administra- tion, when it was about to close. The principal benefits accomplished by him and his cabinet, during the eight years while the power of the gov- ernment was in their hands, as claimed by the friends of Mr. Jefferson, were, first, the acquisition of Louisiana, by which more than a million of square miles were added to the national domain, and the free navigation of the Mississippi secured ; which also settled a troublesome and threat- ening controversy with Spain, and removed the powerful and dangerous neighborhood of France ; second, the surveys of the coast and the exploring expedition of Lewis and Clarke, which added greatly to the geographical knowledge of the country ; third, the administration had done much to advance the Indians in the arts of civilized life, and had obtained their voluntary relinquishment of their title to ninety-six millions of acres ; it had also the merit of compelling the Barbary powers to respect the flag of the United States. It is also claimed for Mr. Jefferson, by his friends, as stated by his biographer, Professor Tucker, that he gave a practical illustration of the Tucker. ADMINISTRATION OF JEFFERSON. 265 great political maxims from which our civil institutions take their shape and derive their force ; that government was instituted for the benefit of the governed, and, consequently, that its power is not a property in those who administer it, but a trust for the public good ; that as power is grate- ful in itself, and its exercise always more or less conflicts with the inter- ests or wishes of others, it should be as sparingly delegated and as for- bearingly exerted as is consistent with the great purposes of peace and security. In conformity with these maxims (the same writer remarks), Mr. Jef- ferson made no attempt, and exhibited no desire to enlarge the powers of the executive, and never exercised them for the benefit of himself or of his family. The biographer of Mr. Jefferson has not thought proper to define, in the partialities of his friendship, the improvements, if any, which that president introduced, in administering the government, on the system and views of General Washington, nor has he stated in what respects the ad- ministration of Washington, and his constructions of the constitution of which he was one of the framers, was not a safe model for his successors. A recent impartial writer, in drawing a parallel between Washington and Jefferson, remarks as follows. It is from a sketch of the life of Thomas Jefferson, published in Philadelphia, by J. G. Russell, 1844 : " The superiority of Washington's statesmanship seems to be shown in he peculiar adaptation of his policy to the special object of the federal constitution, which was the vigor and efficiency of the government, in contradistinction to the laxity of principle and looseness of the parts in the old confederacy. Let us suppose that Mr. Jefferson had been cho- sen to carry into practice the first experiment of the government, instead of Washington, and that he had applied his system of state-rights and pop- ular interference to the new machine which the federal convention had just placed in the hands of the executive. Is it not self-evident that, for want of vigor and energy, the constitution would have crumbled to pieces in his hands, and left him in possession only of the fragments of the old confederacy ? For that is certainly the true system of the government which fulfils its great ends ; and that, of course, must be the spurious doc- trine which baffles and defeats the object had in view by those who framed it. The difference in the crisis, and the remote stages of the two admin- istrations can not affect this principle. A government of laws must have the principle of energy and coercion ; and it was the concentration of this energy in a federal government which the convention gave, and which, to carry out into perfection, induced the Washington policy. It does ap- pear, therefore, that Mr. Jefferson's was anomalous and not congenial to the constitution, but a policy formed in accordance with the constant and living^ current _of .popular opinion ; a policy for the people, not JJQrJhe con- stitution ; a policy framed to gain popularity, not to cement, fulfil, or con 266 ADMINISTRATfON OF JEFFERSON. summate the fabric and purposes of the government. It appears, therefore, to be rather the policy of the politician than the policy of the statesman, the legislator, the lawgiver, or the patriot, who looks beyond the bounds of pres- ent praise to the final consequences of civilization and liberty. Yet even this anomalous policy of Mr. Jefferson, so far from being incompatible with hu- man Happiness and permanent freedom, is admirably calculated to secure those objects, provided the people are sufficiently virtuous to be governed by opinion instead of law. It implies, in the people, the highest perfection of virtue and intelligence, and, leaving nothing to coercion, places the safety of society at the mercy of their discretion, wisdom, prudence, and virtue. It implies that power will be so honest as to commit no usurpa- tion, and that the people will be so virtuous as to abstain from all violence, licentiousness, and disorder ! but this is supposing the very effect that government is intended to secure.^ We have many declarations under Mr. Jefferson's pen, which show that he had not considered the scientific prin- ciples of his system so profoundly as he had studied its impression on the minds of the people ; and seeing it well received by them, he determined to adhere to it. So that in effect there was this difference in Washington and Jefferson, as statesmen that the former rescued the republic from the chaos of the old confederation to the coercive government of the federal constitution, and the latter reconducted us to the chaos of the confederacy through the currents of popular opinion, ideas of unbounded liberty, im- plicit confidence in the virtues of the people, and an unlimited faith in their intelligence, and capacity for self-government." BIOGRAPHICAL SKETCH OF JAMES MADISON JAMES MADISON, the fourth president of the United States, was born in Orange county, Virginia, on the 16th of March, 1751. His father was James Madison, the family being of Welsh descent, and among the early emigrants to Virginia. The subject of the present sketch studied the English, Latin, Greek, French, and Italian languages, and was fitted for college under the tuition of Mr. Robertson, a native of Scotland, and the Rev. Mr. Martin, a Jerseyman. He graduated at Princeton, New Jersey, in 1771 ; and afterward remained a year at college, pursuing his studies under the superintendence of Doctor Witherspoon, president of the insti- tution. His constitution was impaired by close application to his studies, and his health was, for many years, feeble. Returning to Virginia, he com- menced the practice of the law, but the scenes of the revolution left but little opportunity for the quiet pursuits of private life, and his talents being soon appreciated by his neighbors, he was called into the public service at an early age. In 1776 he was elected a member of the general assem- bly of Virginia, and in 1778 he was appointed one of the executive coun- cillors. In the winter of 1779-'80 he was chosen a delegate to the con- tinental Congress, of which body he continued an active and prominent member till 1784. In January, 1786, the legislature of Virginia appointed Mr. Madison one of their delegates to a convention of commissioners, or delegates, from the several states, to meet at Annapolis, Maryland, the en- suing September, to devise a uniform system of commercial regulations which should be binding on the whole confederacy, when ratified by all the states. Only five states were represented in this convention, but the mem- bers present took a step which led to important results. They recom- mended a convention of delegates from all the states, to be held at Phila- delphia, in May, 1787, to take into consideration the situation of the United States, to devise such further provisions as should appear to them 268 BIOGRAPHICAL SKETCH OF MADISON. necessary to render the constitution of the federal government adequate to the exigencies of the Union. Of that convention, which framed the con- stitution of the United States, Mr. Madison was one of the most distin- guished members. He took a leading part in the debates on the various plans of a constitution submitted to the convention, and to his efforts in maturing the constitution as finally adopted, the country is greatly indebt- ed. He took notes of the proceedings and debates of the convention, which, since his death, have been published, forming a valuable text-book for American statesmen. In the convention, Mr. Madison generally coincided with General Washington and other members in their views in favor of a strong national government. A paper in the handwriting of General Washington, and found among the documents left by him, contains a summary of Mr. Mad- ison's opinions on the subject of a form of constitution to be proposed. It is the substance of a letter received by Washington from Mr. Madison, a short time previous to the assembling of the convention at Philadelphia, and has been published in the North American Review, volume xxxv., as follows : "Mr. Madison thinks an individual independence of -the states utterly irreconcilable with their aggregate sovereignty, and that a consolidation of the whole into one simple republic would be as inexpedient as it is unat- tainable. He therefore proposes a middle ground, which may at once support a due supremacy of the national authority, and not exclude the local authorities whenever they can be subordinately useful. " As the groundwork, he proposes that a change be made in the princi- ple of representation, and thinks there would be no great difficulty in effecting it. " Next, that, in addition to the present federal powers, the national gov- ernment should be armed with positive and complete authority in all cases which require uniformity ; such as regulation of trade, including the right of taxing both exports and imports, the fixing the terms and forms of nat- uralization, &c. " Over and above this positive power, a negative in all cases whatever on the legislative acts of the states, as heretofore exercised by the kingly prerogative, appears to him absolutely necessary, and to be the least pos- sible encroachment on the state jurisdictions. Without this defensive power he conceives that every positive law which can be given on paper, will be evaded. " This control over the laws would prevent the internal vicissitudes of state policy, and the aggressions of interested majorities. " The national supremacy ought also to be extended, he thinks, to the judiciary departments ; the oaths of the judges should at least include a fidelity to the general as well as local constitution ; and that an appeal should be to some national tribunals in all cases to which foreigners or in- BIOGRAPHICAL SKETCH OF MADISON. 269 habitants of other states may be parties. The admiralty jurisdictions to fall entirely within the purview of the national government. " The national supremacy in the executive departments is liable to some difficulty, unless the officers administering them could be made appointa- ble by the supreme government. The militia ought entirely to be placed, in some form or other, under the authority which is intrusted with the general protection and defence. " A government composed of such extensive powers should be well or- ganized and balanced. " The legislative department might be divided into two branches, one of them chosen every years, by the people at large, or by the legisla- tures ; the other to consist of fewer members, to hold their places for a longer term, and to go out in such rotation as always to leave in office a large majority of old members. " Perhaps the negative on the laws might be most conveniently exer- cised by this branch. " As a further check, a council of revision, including the great ministe- rial officers, might be superadded. " A national executive must also be provided. He has scarcely ven- tured as yet to form his own opinion, either of the manner in which it ought to be constituted, or of the authorities with which it ought to be clothed. " An article should be inserted, expressly guarantying the tranquillity of the states against internal as well as external dangers. " In like manner, the right of coercion should be expressly declared. With the resources of commerce in hand, the national administration might always find means of exerting it either by sea or land ; but the dif- ficulty and awkwardness of operating by force on the collective will of a state, render it particularly desirable that the necessity of it might be pre- cluded. Perhaps the negative on the laws might create such a mutual dependence between the general and particular authorities as to answer ; or perhaps some defined objects of taxation might be submitted along with commerce, to the general authority. " To give a new system its proper validity and energy, a ratification must be obtained from the people, and not merely from the ordinary au- thority of the legislature. This will be the more essential, as inroads on the existing constitutions of the states will be unavoidable." The foregoing views of Mr. Madison, expressed by him before the con- stitution was formed, are highly interesting, as evincing a remarkable de- gree of foresight and political wisdom, and forming the basis of the prin- cipal features of the constitution as finally adopted by the convention. The constitution having passed the ordeal of the national convention, in September, 1787, was next, by the recommendation of that body, submit- ted to conventions elected by the people of the several states, for their 270 BIOGRAPHICAL SKETCH OF MADISON consideration. Mr. Madison was elected a member of the convention of Virginia, chosen for that purpose, and here his best efforts were again called into requisition, to secure the sanction of his native state to a meas- ure which he deemed of the most vital importance to the interests of the whole Union. In this state convention of Virginia were assembled some of the most able and talented of her sons, including many of the patriots of the revolution, and others renowned for wisdom and eloquence ; but with widely discordant views on the subject of a form of national govern- ment. Among those who acted with Mr. Madison in advocating the adoption of the constitution, were John Marshall, Edmund Pendleton, George Wythe, and Edmund Randolph ; while Patrick Henry, James Monroe, William Grayson, and George Mason, were among the oppo- nents. The question was finally carried in favor of adoption by 89 votes to 79. Notwithstanding the triumph of the federalists, as the friends of the con- stitution were then called, in the convention of Virginia, the anti-federal- ists held the majority in the legislature. An attempt to elect Mr. Mad- ison to the senate of the United States was, therefore, unsuccessful, Messrs. Grayson and R. H. Lee being preferred. Mr. Madison was, how- ever, elected by the people of one of the congressional districts, a member of the house of representatives, and took his seat in the new Congress, at New York, in April, 1789. In that body he bore an active and leading part in the adoption of measures for the organization of the government. He continued a distinguished member of Congress during the eight years of General Washington's administration, which terminated in March, 1797. He opposed the funding system, the national bank, and other measures of the administration which originated with Hamilton, secretary of the treas- ury ; acting generally with the anti-federalists, who sustained the views of Mr. Jefferson, then secretary of state ; notwithstanding Madison had been one of the most distinguished champions of the constitution previous to its adoption, and was associated with Hamilton and Jay in the production of the celebrated essays called " The Federalist," which had an important in- fluence with the people, in favor of the constitution. In 1794, being then in his forty-third year, Mr. Madison married Mrs. Dolly Paine Todd, of Philadelphia, the widow of a lawyer of Pennsylva- nia, who died in less than three years after her first marriage. This lady's maiden name was Paine ; and her father, who belonged to the soci- ety of Friends, had removed from Virginia to Philadelphia. She was about twenty years younger than Mr. Madison, and still survives. She was always admired for her agreeable manners, her fine person, and tal- ents in conversation. With an amiable disposition, a mild and dignified deportment, few American ladies have been more distinguished than Mrs. Madison, in the various and high stations she has been called to occupy and adorn through life BIOGRAPHICAL SKETCH OF MADISON. 271 In January, 1794, Mr. Madison introduced into the house of representa- tives a series of resolutions on the subject of the commerce of the United States with foreign nations. They were based on a previous report made to Congress by Mr. Jefferson, secretary of state, on the subject of foreign relations, and were probably prepared with the concurrence of Mr. Jeffer- son, as a manuscript copy was found among his papers. They were re- taliatory in their character toward Great Britain, and considered favorable to the interests of France. They gave rise to a warm debate, parties be- ing nearly balanced in the house, but the subject was finally postponed, without definite action. Mr. Madison continued to act with the democratic, or republican party, for the remainder of his political career, co-operating with Mr. Jefferson in his views of national policy, and between these two gentlemen there existed through their lives the warmest personal friendship. In 1797, Mr. Madison retired from Congress, and in order to oppose the adminis- tration of Mr. Adams in a new form, he accepted a seat in the Virginia legislature, in 1798, where he made a report on the subject of the alien and sedition laws which had been passed by the federal party in Con- gress, concluding with a series of resolutions against those laws ; which resolutions have since formed a text for the doctrine of state-rights, as held by the democratic party of Virginia and some other states. On the accession of Mr. Jefferson to the presidency, in 1801, he ap- pointed Mr. Madison secretary of state, which office he held during the eight years of Mr. Jefferson's administration ; and in 1809, having received the nomination and support of the democratic party, he succeeded his friend and coadjutor, as president of the United States. During his ad- ministration, in 1812, war was declared by Congress against Great Brit- ain, to which measure he reluctantly consented, and the same year he was re-elected to the presidency. In his selection of commissioners to nego- tiate a treaty of peace, Mr. Madison showed his anxiety for a termination of the war, by the appointment of able men, sincerely desirous of peace, which was concluded at Ghent, in December, 1814. The anxious and exciting scenes of war were not congenial to a per- son of the peaceful disposition of Mr. Madison, yet the duties of his high office were performed with firmness and ability. Among the events of the war which were calculated to disturb his equanimity, was the capture of the city of Washington, and the destruction of the public buildings, by the British, in 1814. The president and some other principal officers of the government narrowly escaped from being made prisoners by the Brit- ish troops ; they, however, were saved by a rapid flight. After the return of peace, the remainder of Mr. Madison's administra- tion was prosperous and tranquil. The interests of agriculture and com- merce revived among the people, and the national revenue was rapidly replenished from the fruits of returning prosperity. The manufacturing 272 BIOGRAPHICAL SKETCH OF MADISON. interests, however, languished for want of adequate protection. The pres- ident was favorable to their encouragement. He changed his views on the subject of a national bank, and signed the bill for incorporating the bank of the United States, in 1816. He had, in 1791, opposed the bank then incorporated, as unconstitutional, and in 1815 he had returned to Congress a bill incorporating a bank, as he disapproved of some of its provisions ; but in the following year he waived his objections, and ap- proved of an act of incorporation, somewhat modified. On the 3d of March, 1817, Mr. Madison's administration was brought to a close, and he retired from public life, being then sixty-six years of age, to his seat at Montpelier, in Orange county, Virginia, where he passed the remainder of his days. In 1829 he was chosen a member of the state con- vention to revise the constitution of Virginia, and for several years he acted as visiter and rector of the University of Virginia. He was also chosen president of an agricultural society in the county where he resided, and before this society he delivered an address, admirable for its classical beauty and practical knowledge. Having arrived at a good old age, and numbered eighty-five years, the mortal career of Mr. Madison was closed on the 28th of June, 1836. Con- gress and other public bodies adopted testimonials of respect for his memory. He left no children. In his personal appearance, Mr. Madison was of small stature, and rather protuberant in front. He had a calm expression, penetrating blue eyes, and was slow and grave in his speech. At the close of his presidency he seemed to be care-worn, with an appearance of more advanced age than was the fact. He was bald on the top of his head, wore his hair powdered, and generally dressed in black. His manner was modest and retiring, but in conversation he was pleasing and instruc- tive, having a mind well stored with the treasures of learning, and being particularly familiar with the political world. On his accession to the presi- dency he restored the custom of levees at the presidential mansion, which had been abolished by Mr. Jefferson. It was on the occasion of these levees, that his accomplished lady, by her polite and attractive attentions and manners, shone with peculiar lustre. Mr. Madison was fond of soci- ety, although he had travelled but little ; never having visited foreign countries, or seen much of the people and country over which he presided. When a member of deliberative bodies, Mr. Madison was an able de- bater, having acquired self-confidence by slow degrees. As a writer, he has few equals among American statesmen, and the style of his public documents and his correspondence has always been much admired. _He was at the time of his death, the last surviving signer of the constitution, and the part he bore in framing that instrument, his subsequent advo- cacy of it, by his writings, with his adherence to its provisions, obtained r or him the title of " Father of the Constitution." MADISON'S ADDRESSES AND MESSAGES. INAUGURAL ADDRESS. MARCH 4, 1809. UNWILLING to depart from examples of the most revered authority, I avail myself of the occasion now presented, to express the profound im- pression made on me by the call of my country to the station, to the duties of which I am about to pledge myself by the most solemn of sanctions. So distinguished a mark of confidence, proceeding from the deliberate and tranquil suffrage of a free and virtuous nation, would under any circum- stances have commanded my gratitude and devotion, as well as filled me with an awful sense of the trust to be assumed. Under the various cir- cumstances which give peculiar solemnity to the existing period, I feel that both the honor and the responsibility allotted to me are inexpressibly enhanced. The present situation of the world is indeed without a parallel, and that of our own country full of difficulties. The pressure of these too is the more severely felt, because they have fallen upon us at a moment when the national prosperity being at a height not before attained, the contrast re- sulting from the change has been rendered the more striking. Under the benign influence of our republican institutions, and the maintenance of peace with all nations, while so many of them were engaged in bloody and wasteful wars, the fruits of a just policy were enjoyed in an unrivalled growth of our faculties and resources. Proofs of this were seen in the improvements of agriculture ; in the successful enterprises of commerce ; in the progress of manufactures and useful arts ; in the increase of the public revenue, and the use made of it in reducing the public debt ; and in the valuable works and establishments everywhere multiplying over the face of our land. It is a precious reflection that the transition from this prosperous con- dition of our country to the scene which has for some time been distressing us, is not chargeable on any unwarrantable views, nor as I trust on any involuntary errors in the public councils. Indulging no passions which trespass on the rights or repose of other nations, it has been the true glory of the United States to cultivate peace by observing justice, and to entitle themselves to the respect of the nations at war by fulfilling their neutral obligations with the most scrupulous impartiality. If there be candor in the world, the truth of these assertions will not be questioned , posterity at least wiil do justice to them. VOL. I. 18 274 MADISON'S INAUGURAL ADDRESS This unexceptionable course could not avail against th-. injustice and violence of the belligerent powers. In their rage agains' ^ach other, or impelled by more direct motives, principles of retaliation hk/e been intro- duced, equally contrary to universal reason and acknowledged law. How long their arbitrary edicts will be continued in spite of the demonstrations that not even a pretext for them has been given by the United States, and of the fair and liberal attempt to induce revocation of them cau not be an- ticipated. 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 ovher dis- couragement than what springs from my own inadequacy to its high duties. If I do not sink under the weight of this deep conviction, it is because I find some support in a consciousnes^ of the purposes, and a confidence in the principles, which I bring with me into this arduous service. To -cherish peace and friendly intercourse with all nations having 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 anus ; to exclude foreign intrigues and foreign partialities, so degrading to all countries and so baneful to free ones ; to foster a spirit of independence too just to invade the rights of others, too proud to surrender our own, too liberal to indulge unworthy prejudices ourselves, and too elevated not to look down upon them in others ; to hold the union of the states as the basis of their peace and happiness ; to support the constitution, which is the cement of the union, as well in its limitations as in its authorities ; to respect the rights and authorities reserved to the states and to the people, as equally incorporated with, and essential to the success of, the general system ; to avoid the slightest interference with the rights of conscience or the functions of religion, so wisely exempted from civil jurisdiction ; to preserve in their full energy the other salutary provisions in behalf of private and personal rights, and of the freedom of the press ; to observe economy in public expenditures ; to liberate the public resources by an honorable discharge of the public debts ; to keep within the requisite limits a standing military force, always remembering that an armed and trained militia is the firmest bulwark of republics that without standing armies their liberty can never be in danger, nor with large ones safe ; to promote by authorized means, improvements friendly to agriculture, to manufactures, and to external as well as internal commerce ; v to favor in like manner the advancement of science and the diffusion of information as the best aliment to true liberty ; to carry on the benevolent plans which have been so meritoriously applied to the conversion of our aboriginal neighbors from the degradation and wretchedness of savage life to a par- ticipation 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 fulfilment of my duty, they will be a resource which can not fail me. , It is my good fortune, moreover, to have the path in which I am to tread lighted by examples of illustrious services, successfully rendered in the most trying difficulties by those who have marched before me. Of those of my immediate predecessor it might least become me here to speak. I may, however, be pardoned for not suppressing the sympathy with which my heart is full, in the rich reward he enjoys in the benedictions of a MADISON'S MESSAGE SPECIAL SESSION. 275 beloved country, gratefully bestowed for exalted talents, zealously devoted, through a long career, to the advancement of its highest interest and hap- piness. But the source to which I look for the aids which alone can supply my deficiencies, is in the well-tried intelligence and virtue of my fellow- citizens, and in the counsels of those representing them in the other de- partments associated in the care of the national interests. In these my confidence will under every difficulty be placed, next to that in which we have all been encouraged to feel in the guardianship and guidance of that Almighty Being whose power regulates the destiny of nations, whose blessings have been so conspicuously dispensed to this rising republic, and to whom we are bound to address our devout gratitude for the past, as well as our fervent supplications and best hopes for the future. SPECIAL SESSION. MESSAGE. MAY 23, 1809. Fellow- Citizens of the Senate and House of Representatives : ON this first occasion of meeting you, it affords me much satisfaction to be able to communicate the commencement of a favorable change in our foreign relations ; the critical state of which induced a session of Con- gress at this early period. In consequence of the provisions of the act interdicting commercial in- tercourse 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 ex- ercised in the case specified by that act. Soon after these instructions were despatched, it was found that the British government, anticipating from early proceedings of Congress at their last session, the state of our laws which has been the effect of placing the two belligerent powers on a footing of equal restrictions, and relying on the conciliatory disposition of the United States, had transmit- ted to their legation here, provisional instructions, not only to offer satis- faction for the attack on the frigate Chesapeake, and to make known the determination of his Britannic majesty to send an envoy extraordinary with powers to conclude a treaty on all the points between the two coun- tries, 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 ihe proclamation now laid before you, by virtue of which the commerce aetween the two countries will be renewable after the 10th day of June ext. While I take pleasure in doing justice to the councils of his Britannic majesty, which, no longer adhering to the policy which made an abandon- ment by France of her decree a pre-requisite to a revocation of the Brit- ish orders, have substituted the amicable course which has issued thus happily, I can not do less than refer to the proposal heretofore made on 270 MADISON'S MESSAGE SPECIAL SESSION. 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 ar- rangement which has taken place with Great Britain, will doubtless en- gage 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 laud- able exertions of our citizens. Under the existing aspect of our affairs, I have thought it not incon- sistent with a just precaution, to have the gun-boats, with the exception of those at New Orleans, placed in a situation incurring no expense be- yond that requisite for their preservation and conveniency for future ser- vice, and to have the crews of those at New Orleans reduced to the num- ber required for their navigation and safety. I have thought, also, that our citizens, detached in quotas of militia amounting to one hundred thousand, under the act of March, one thousand eight hundred and eight, might not improperly be relieved from the state in which they were held for immediate service. A discharge of them has been accordingly directed. The progress made in raising and organizing the additional military force, for which provision was made by the act of April, one thousand eight hundred and eight, together with the disposition of the troops, will appear by a report which the secretary of war is preparing, and which will be laid before you. Of the additional frigates required by an act of the last session to be fitted for actual service, two are in readiness, one nearly so, and the fourth is expected to be ready in the month of July. A report which the secre- tary of the navy is preparing on the subject, to be laid before Congress, will show, at the same time, the progress made in officering and manning these ships. It will show, also, the degree in which the provisions of the act relating to the other public armed ships have been carried into execution. It will rest with the judgment of Congress to decide how far the change in our external prospect may authorize any modification of the laws rela- ting to the army and navy establishments. The works of defence for our seaport towns and harbors have proceeded with as much activity as the season of the year and other circumstances would admit. It is necessary, however, to state that the appropriations hitherto made being found to be deficient, a further provision will claim the early consideration of Congress. The whole of the eight per cent, stock remaining due by the United States, amounting to five millions three hundred thousand dollars, had FIRST ANNUAL MESSAGE 277 been reimbursed on the last day of the year 1808. And on the first day of April last the sum in the treasury exceeded nine and a half millions of dollars. This, togeihei with the receipts of the current year on account of former revenue bonds, will probably be nearly, if not altogether suf- ficient to defray tiie expenses of the year. But the suspension of exports, and the consequent decrease of importations during the last twelve months, will necessarily caust; A great diminution in the receipts of the year one thousand eight hundred and ten. After that year, should our foreign rela- tions be undisturbed, the revenue will again be more than commensurate to all the expenditures. Aware of the inconveniences of a protracted session at the present sea- son of the year, I forbear to call the attention of the legislature to any mat- ters not particularly urgent. It remains, therefore, only to assure you of the fidelity and alacrity with which I shall co-operate for the welfare and happiness of our country ; and to pray it may experience a continuance of the divine blessings by which it has been so signally favored. FIRST ANNUAL MESSAGE. NOVEMBER 29, 1809. Fellow-Citizens of the Senate and 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 fa- vorable prospect has been overclouded by a refusal of the British govern- ment to abide by the act of its minister plenipotentiary, and by its ensuing policy toward the United States, as seen through the communications of the minister sent to replace him. Whatever pleas may be urged for a disavowal of engagements formed by diplomatic functionaries in cases where by the terms of the engage- ments a mutual ratification is reserved, or where notice at the time may have been given of a departure from instructions, or in extraordinary' cases essentially violating the principles of equity, a disavowal could not have been apprehended in a case where no such notice or violation existed, where no such ratification was reserved, and more especially where, as is now in proof, an engagement to be executed without any such ratification was contemplated by the instructions given, and where it had, with good faith, been carried into immediate execution on the part of the United States. These considerations not having restrained the British government from disavowing the arrangement by virtue of which its orders in council were to be revoked, and the event authorizing the renewal of commercial 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 be- ing, 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 ar- rangement by the United States would involve difficulties* With a view 278 MADISON'S FIRST ANNUAL MESSAGE. to diminish these as much as possible, the instructions from the secretary of the treasury, now hid before you, were transmitted to the collectors of the several ports. If in pennitting 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 was felt that no individuate 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 ap- pointment of a successor, hopes were indulged that the new mission would contribute to alleviate the disappointment which had been produced, and to remove the causes which had so long embarrassed the good understand- ing of the two nations. It could not be doubted that it would at least be charged with conciliatory explanations of the steps which had been taken, and with proposals to be substituted for the rejected arrangement. Reason- able and universal as this expectation was, it also has not been fulfilled. From the first official disclosures of the new minister it was found that he had received no authority to enter into explanations relative to either branch of the arrangement disavowed, nor any authority to substitute pro- posals as to that branch which concerned the British orders in council ; and finally, that his proposals with respect to the other branch, the attack on the frigate Chesapeake, were founded on a presumption repeatedly de- clared to be inadmissible by the United States, that the first step toward adjustment was due from them, the proposals at the same time omitted even a reference to the officer answerable for the murderous aggression, and asserting a claim not less contrary to the British laws and British practice, than to the principles and obligations of the United States. The correspondence between the department of state and this minister will show how unessentially the features presented in its commencement have been varied in its progress. It will show also that, forgetting the respect due to all governments, he did not refrain from imputations on this, which required that no further communications should be received from him. The necessity of this step will be made known to his Britannic majesty through the minister plenipotentiary of the United States in Lon- don. And it would indicate a want of the confidence due to a government which so well understands and exacts what becomes foreign ministers near it, not to infer that the misconduct of its own representative will be viewed in the same light in which it has been regarded here. The Brit- ish government will learn at the same time that a ready attention will be given to communications through any channel which may be substituted It will be happy if the change in this respect should be accompanied by a favorable revision of the unfriendly policy which has been so long pur- sued toward the United States. With France, the other belligerent, whose trespasses on our commer- cial rights have long been the subject of our just remonstrances, the pos- ture 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 arnica- MADISON'S FIRST ANNUAL MESSAGE. 279 ble 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 legislature, how far both the safety and honor of the American flag may be consulted, by adequate provision against that collu- sive prostitution of it by individuals, unworthy of the American name, which has so much favored the real or pretended suspicions under which the honest commerce of their fellow-citizens has suffered. In relation to the powers on the coast of Barbary, nothing has occurred which is not of a nature rather to inspire confidence than distrust, as to the continuance of the existing amity. With our Indian neighbors, the just and benevolent system continued toward them, has also preserved peace, and is more and more advancing habits favorable to their civilization and happiness. From a statement which will be made by the secretary of war, it will be seen that the fortifications on our maritime frontier are in many of the ports completed ; affording the defence which was contemplated, and that a further time will be required to render complete the works in the harbor of New York, and in some other places. By the enlargement of the works and the employment of a greater number of hands at the public armories, the supply of small arms of an improving quality appears to be annually increasing at a rate that, with those made on private contract, may be ex- pected to go far toward providing for the public exigency. The act of Congress providing for the equipment of our vessels-of-\var 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 sub- ject. To that statement is added a view of the transfers of appropriations authorized by the act of the session preceding the last, and of the grounds on which the transfers were made. Whatever may be the course of your deliberations on the subject of our military establishments, I should fail in my duty in not recommending to your serious attention the importance of giving to our militia, the great bulwark of our security and resource of our power, an organization the best adapted to eventual situations for which the United States ought to be prepared. The sums which had been previously accumulated in the treasury, to- gether with the receipts during the year ending on the 30th of September last (and amounting to more than nine millions of dollars), have enabled us to fulfil 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 will probably produce a deficiency in the receipts of the ensuing year, for which, and for other details, I refer to the statements which will be transmitted from the treasury. In the state which has been presented of our affairs with the great parties to a disastrous and protracted war, carried on in a mode equally injurious and unjust to the United States as a neutral nation, the wisdom of the na- tional 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 oc- casion, and be supported by every portion of our citizens with a patri- 280 MADISON S SPECIAL MESSAGE. otism enlightened and invigorated by experience, ought as little to bo 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 season, though in particular articles and districts short of their usual redundancy, are more than suffi- cient for our wants and our comforts. The face of our country every- where presents the evidence of laudable enterprise, of extensive capital, and of durable improvement. In a cultivation of the materials and the ex- tension of useful manufactures, more especially in the general application to household fabrics, we behold a rapid diminution of our dependence on foreign supplies. Nor is it unworthy of reflection that this revolution in our pursuits and habits is in no slight degree a consequence of those im- politic 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 good- ness 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. SPECIAL MESSAGE. JANUARY 3, 1810. To the Senate and House of Representatives of the United States : THE act authorizing a detachment of one hundred thousand men from the militia, will expire on the 30th of March next. Its early revival is recommended, in order that timely steps may be taken for arrangements such as the act contemplated. Without interfering with the modifications rendered necessary by the defects or the inefficacy of the laws restrictive of commerce or navigation, or with the policy of disallowing to foreign armed vessels the use of our waters, it falls within my duty to recommend also, that, in addition to the precautionary measure authorized by that act, and to the regular troops, for completing the legal establishment of which enlistments are renewed, every necessary provision may be made for a volunteer force of twenty thousand men, to be enlisted for a short period, and held in a state of or- ganization, 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 also with them to determine, how far further provision may MADISON'S SECOND ANNUAL MESSAGE. 281 > 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 may impose upon them the necessity of precau- tionary measures involving expense, it is a happy consideration that such is the solid state of the public credit, that reliance may be justly placed on any legal provision that may be made for resorting to it, in a convenient form, and to an adequate amount. SECOND ANNUAL MESSAGE. DECEMBER 5, 1810. Fellow-Citizens of the Senate and House of Representatives : THE embarrassments which have prevailed in our foreign relations, and so much employed the deliberations of Congress, make it a primary duty in meeting you, to communicate whatever may have occurred in that branch of our national affairs. The act of the last session of Congress, concerning the commercial in- tercourse between the United States and Great Britain and France, and their dependencies, having invited in a new form a termination of their edicts against our neutral commerce, copies of the act were immediately forwarded to our ministers at London and Paris, with a view that its ob- ject 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 first 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 second 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 misapplication of the principle of reprisals combined with a misconstruction of the law of the United States. This expectation has not been fulfilled. From the British government no communication on the subject of the act has been received. To a communication from our minister at London of a revocation by the French government of its Berlin and Milan decrees it was answered, that the British system would be relinquished as soon as the repeal of the French decrees should have 'actually taken effect, and the commerce of neutral nations have been restored to the condition in which it stood previously to the promulgation of those decrees. This plrdge, although it does not necessarily import, does not exclude the in- tention of relinquishing, along with the orders in council, the practice of 282 MADISON'S SECOND ANNUAL MESSAGE. those novel blockades which have a like effect of interrupting our neutral commerce ; and this further justice to the United States is the rather to be looked for, inasmuch as the blockades in question, being not more con- trary to the established law of nations than inconsistent with the rules of blockade formally recognised 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- prized by our minister near it, that such was the light in which the sub- ject was to be regarded. On the other important subjects depending between the United States and that government, no progress has been made from which an early and satisfactory result can be relied on. In this new posture of our relations with those powers, the considera- tion of Congress will be properly turned to a removal of doubts which may occur in the exposition, and of difficulties in the execution, of the act above cited. The commerce of the United States with the north of Europe, hereto- fore much vexed by licentious cruisers, particularly under the Danish flag, has latterly been visited with fresh and extensive depredations. The measures pursued in behalf of our injured citizens not having obtained jus- tice for them, a further and more formal interposition with the Danish gov- ernment is contemplated. The principles which have been maintained by that government in relation to neutral commerce, and the friendly profes- sions 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 re- sult of negotiations for its actual delivery to them. The Spanish authority was subverted, and a situation produced exposing the country to ulterior events which might essentially affect the rights and welfare of the Union. In such a conjuncture, I did not delay the interpositions required for the occupancy of the territory west pf the river Perdido, to which the title of the United States extends, and to which the laws provided for the territory of Orleans are applicable. With this view, the proclamation, of which a copy is laid before you, was confided to the governor of that territory to be carried into effect. The legality and necessity of the course pursued assure me of the favorable light in which it will present itself to the legis- lature, and of the promptitude with which they 'will supply whatever pro- visions 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 MADISON'S SECOND ANNUAL MESSAGE. 283 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 relating to it, is added a highly interesting extension of useful manufactures, the com- bined product of professional occupations and of household industry. Such, indeed, is the experience of economy, as well as of policy, in these substitutes for supplies heretofore obtained by foreign commerce, that in a national view the change is justly regarded as of itself more than a recom- pense for those privations and losses resulting from foreign injustice which furnished the general impulse required for its accomplishment. How far it may be expedient to guard the infancy of this improvement in the dis- tribution of labor by regulations of the commercial tariff, is a subject which can not fail to suggest itself to your patriotic reflections. It will rest with the consideration of Congress, also, whether a provi- dent as well as fair encouragement would not be given to our navigation by such regulations as would place it on a level of coinpetition with for- eign vessels, particularly in transporting the important and bulky produc- tions of our own soil. The failure of equality and reciprocity in the ex- isting regulations on this subject operates in our ports as a premium to foreign competitors ; and the inconvenience must increase as these may be multiplied, under more favorable circumstances, by the more than coun- tervailing encouragements now given them by the laws of their respective countries. While it is universally admitted that a well-instructed people alone can be permanently a free people, and while it is evident that the means of diffusing and improving useful knowledge form so small a proportion of the expenditures for national purposes, I can not presume it to be unsea- sonable to invite your attention to the advantages of superadding to the means of education provided by the several states a seminary of learning instituted by the national legislature, within the limits of their exclusive jurisdiction, the expense of which might be defrayed or reimbursed out of the vacant grounds which have accrued to the nation within those limits. Such an institution, though local in its legal character, would be univer- sal in its beneficial effects. By enlightening the opinions, by expanding the patriotism, and by assimilating the principles, the sentiments, and the manners of those who might resort to this temple of science, to be redis- tributed in due time through every part of the community, sources of jeal- ousy and prejudice would be diminished, the features of national character would be multiplied, and greater extent given to social harmony. But above all, a well-constituted seminary, in the centre of the nation, is recorrrfnended by the consideration that the additional instruction emana- ting from it would contribute not less to strengthen the foundations than to adorn the structure of our free and happy system of government. Among the commercial abuses still committed under the American flag, and leaving in force my former reference to that subject, it appears that American citizens are instrumental in carrying on a traffic in enslaved Africans, equally in violation of the laws of humanity and in defiance of those of their own country. The same just and benevolent motives which produced the interdiction in force against this criminal conduct will doubt- less be felt by Congress in devising further means of suppressing the evil. In the midst of uncertainties necessarily connected with the great in- 284 MADISON'S SECOND ANNUAL MESSAGE. terests of the United States, prudence requires a continuance of our de- fensive and precautionary arrangements. The secretary of war and the secretary of the navy will submit the statements and estimates which may aid Congress in their ensuing provisions for the land and naval forces. The statements of the latter will include a view of the transfers of appro- priations in the naval expenditures, arid the grounds on which they were made. The fortifications for the defence of our maritime frontier have been prosecuted according to the plan laid down in 1808. The works, with some exceptions, are completed and furnished with ordnance. Those for the security of the city of New York, though far advanced toward com- pletion, will require a further time and appropriation. This is the case with a few others, either not completed or in need of repairs. The improvements in quality and quantity, made in the manufacture of cannon and small arms, both at the public armories and private factories, warrant additional confidence in the competency of these resources for supplying the public exigencies. These preparations for arming the militia having thus far provided for one of the objects contemplated by the power vested in Congress with respect to that great bulwark of the public safety, it is for their considera- tion whether further provisions are not requisite for the other contemplated objects of organization and discipline. To give to this great mass of physical and moral force the efficiency which it merits, and is capable of receiving, it is indispensable that they should be instructed and practised in the rules by which they are to be governed. Toward an accomplish- ment of this important work, I recommend for the consideration of Con- gress the expediency of instituting a system which shall in the first in- stance call into the field, at the public expense and for a given time, cer- tain portions of the commissioned and non-commissioned officers. The instruction and discipline thus acquired would gradually diffuse through the entire body of the militia that practical knowledge and promptitude for active service which are the great ends to be pursued. Experience has left no doubt either of the necessity or of the efficacy of competent military skill in those portions of an army, in fitting it for the final duties which it may have to perform. The corps of engineers, with the military academy, are entitled to the early attention of Congress. The buildings at the seat fixed by law for the present academy, are so far in decay as not to afford the necessary accommodation. But a revision of the law is recommended, principally with a view to a more enlarged cultivation and diffusion of the advantages of such institutions, by providing professorships for all the necessary branches of military instruction, and by the establishment of an additional academy at the seat of government or elsewhere. The means by which wars, as well for defence as for offence, are now carried on, render these schools of the more scientific operations an indispensable part of every ad- equate system. Even among nations whose large standing armies and frequent wars afford every other opportunity of instruction, these estab- lishments are found to be indispensable for the due attainment of the branches of military science which require a regular course of study and experiment. In a government happily without the other opportunities, seminaries where the elementary principles of the art of war can be taught without actual war, and without the expense of extensive and standing armies, have the precious advantage of uniting an essential preparation MADISON'S SPECIAL MESSAGE. 285 against external danger with a scrupulous regard to internal safety. In no other way, probably, can a provision of equal efficacy for the public defence be made at so little expense, or more consistently with the public liberty. The receipts into the treasury during the year ending on the 30th of September last (and amounting to more than eight millions and a half of dollars), have exceeded the current expenses of government, including the interest on the public debt. For the purpose of reimbursing, at the end of the year, three millions seven hundred and fifty thousand dollars of the principal, a loan, as authorized bylaw, had been negotiated to that amount, but has since been reduced to two millions seven hundred and fifty thou- sand dollars ; the reduction being permitted by the state of the treasury, in which there will be a balance remaining at the end of the year, esti- mated at two millions of dollars. For the probable receipts of the next year, and other details, I refer to statements which will be transmitted from the treasury, and which will enable you to judge what further provis- ions may be necessary for the ensuing years. Reserving for future occasions in the course of the session whatever other communications may claim your attention, I close the present by ex- pressing my reliance, under the blessing of Divine Providence, on the judg- ment and patriotism which will guide your measures, at a period particu- larly calling for united councils and inflexible exertions for the welfare of our country, and by assuring you of the fidelity and alacrity with which my co-operation will be afforded. SPECIAL MESSAGE. FEBRUARY 21, 1811. To the House of Representatives of the United States : HAVING examined and considered the bill, entitled, " An act incorpora- ting the Protestant Episcopal Church, in the town of Alexandria, in the District of Columbia," I now return the ' bill to the house of representa- tives, in which it originated, with the following objections : Because the bill exceeds the rightful authority to which governments are limited, by the essential distinction between civil and religious func- tions, and violates, in particular, the article of the constitution of the United States, which declares, that " Congress shall make no law respecting a religious establishment." The bill enacts into, and establishes by law, sundry rules and proceedings relative purely to the organization and polity of the church incorporated, and comprehending even the election and re- moval of the minister of the same ; so that no change could be made therein by the particular society, or by the general church of which it is a member, and whose authority it recognises. This particular church, therefore, would so far be a religious establishment by law ; a legal force and sanction being given to certain articles in her constitution and admin- istration. Nor can it be considered, that the articles thus established are to be taken as the descriptive criteria only of the corporate identity of the society, inasmuch as this identity must depend upon other characteristics ; as the regulations established are generally unessential, and alterable ac- cording to the principles and canons, by which churches of that denom- 286 MADISON'S THIRD ANNUAL MESSAGE. ination govern themselves ; and as the injunctions and prohibitions con- tained in the regulations, would he enforced by the general consequences applicable to a violation of them according to the local law. Because the bill vests in the said incorporated church, an authority to provide for the support of the poor, and the education of the poor children of the same ; an authority which being altogether superfluous, if the pro- vision is to be the result of pious charity, would be a precedent for giving to religious societies as such, a legal agency in carrying into effect a pub lie and civil duty. S.PECIAL MESSAGE. FEBRUARY 28, 1811. To the House of Representatives of the United States : HAVING examined and considered the bill, entitled, " An act for the-re- lief of Richard Tervin, William Coleman, Edwin Lewis, Samuel Mims, Joseph Wilson, and the Baptist church at Salem meeting-house, in the Mississippi territory," I now return the same to the house of representa- tives, in which it originated, with the following objection : Because the bill, in reserving a certain parcel of land of the United States for the use of the' said Baptist church, comprises a principle and precedent for the appropriation of funds of the United States, for the use and support of religious societies ; contrary to the article of the constitu- tion which declares that " Congress shall make no law respecting a religious establishment." THIRD ANNUAL MESSAGE. NOVEMBER 5, 1811. Fellow-Citizens of the Senate and House of Representatives : IN calling you together sooner than a separation from your homes would otherwise have been required, I yielded to considerations drawn from the posture of our foreign affairs ; and in fixing the present for the time of your meeting, regard was had to the probability of further developments of the policy of the belligerent powers toward this country, which might the more unite the national councils in the measures to be pursued. - At the close of the last session of Congress, it was hoped that the suc- cessive confirmations of the extinction of the French decrees, so far as they violated our neutral commerce, would have induced the government of Great Britain to repeal its orders in council, and thereby authorize a removal of the existing obstructions to her commerce with the United States. Instead of this reasonable step toward satisfaction and friendship be- tween the two nations, the orders were, at a moment when least to have been expected, put into more rigorous execution ; and it was communica- ted through the British envoy just arrived, that while the revocation of the MADISON'S THIRD ANNUAL MESSAGE 287 edicts of France, as officially made known to the British government, was denied to have taken place, it was an indispensable condition of the repeal of the British orders that commerce should be restored to a footing that would admit the productions and manufactures of Great Britain, when owned by neutrals, into markets shut against them by her enemy ; the United States being given to understand that, in the meantime, a continu- ance of their non-importation act would lead to measures of retaliation. At a later date, it has indeed appeared that a communication to the Brit- ish 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 with cordiality satisfactory proofs of such a change, and to proceed in the meantime in adapting our measures to the views which have been disclosed through that minister, Avill best consult our whole duty. In the unfriendly spirit of those disclosures, indemnity and redress for other wrongs have continued to be withheld, and our coasts and the mouths of our harbors have again witnessed scenes not less derogatory to the dearest of our national rights than vexatious to the regular course of our trade. Among the occurrences produced by the conduct of British ships-of-war hovering on our coasts, was an encounter between one of them and the Amercan frigate commanded by Captain Rodgers, rendered unavoidable on the part of the latter by a fire commenced without cause by the former, whose commander is therefore alone chargeable with the blood unfortu- nately shed in maintaining the honor of the American flag. The proceed- ings of a court of inquiry requested by Captain Rodgers are communicated, together with the correspondence relating to the occurrence between the secretary of state and his Britannic majesty's envoy. To these are added the several correspondences which have passed on the subject of the Brit- ish orders in council, and to both, the correspondence relating to the Flor- idas, in which Congress will be made acquainted with the interposition which the government of Great Britain has thought proper, to make against the proceedings of the United States. The justness and fairness which have been evinced on the part of the " United States toward France, both before and since the revocation of her decrees, authorized an expectation that her government would have follow- ed up 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 tr::de with the French dominions 288 MADISON'S THIRD ANNUAL MESSAGE has been subjected, and which, if not discontinued, will require at east corresponding restrictions on importations from France into the United States. On all those subjects our minister plenipotentiary, lately sent to Paris, has carried with him the necessary instructions, the result of which will be communicated to you, and, by ascertaining the ulterior policy of the French government toward the United States, will enable you to adapt to it that of the United States toward France. Our other foreign relations remain without unfavorable changes. With Kussia 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 minis- ter to Denmark shows 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 pro- viding for the general security. The works of defence on our maritime frontier have accordingly been prosecuted with an activity leaving little to be added for the completion of the most important ones ; and as particu- larly suited for co-operation in emergencies, a portion of the gun-boats have in particular harbors been ordered into use. The ships-of-war be- fore in commission, with the addition of a frigate, have been chiefly em- ployed as a cruising guard to the rights of our coast ; and such a disposi- tion has been made of our land forces as was thought to promise the ser- vices most appropriate and important. In this disposition is included a force consisting of regulars and militia, embodied in the Indiana territory and marched toward our northwestern frontier. This measure was made requisite by several murders and depredations committed by Indians, but more especially by the menacing preparations and aspect of a combina- tion of them on the Wabash, under the influence and direction of a fanatic of the Shawanese tribe. With these exceptions, the Indian tribes re- tain their peaceable dispositions toward us, and their usual pursuits. I must now add, that the period is arrived which claims from the legis- lative guardians of the national rights a system of more ample provisions for maintaining them. Notwithstanding the scrupulous justice, the pro- tracted moderation, and the multiplied efforts on the part of the United States, to substitute for the accumulating dangers to the peace of the two countries all the mutual advantages of re-established friendship and con- fidence, we have seen that the British cabinet perseveres not only in with- holding a remedy for other wrongs, so long and so loudly calling for it, but in the execution, brought home to the threshold of our territory, of meas- ures which under existing circumstances have the character as well as the effect of war on our lawful commerce. With this evidence of hostile inflexibility in trampling on rights which no independent nation can relinquish, Congress will feel the duty of 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 portions MADISON'S SPECIAL MESSAGES. 289 of the militia ; and for such a preparation of the great body as will pro- portion its usefulness to its intrinsic capacities. Nor can the occasion fail to remind you of the importance of those military seminaries which in every event will form a valuable and frugal part of our military establish- ment. The manufacture of cannon and small arms has proceeded with due success, and the stock and resources of all the necessary munitions are adequate to emergencies. It will not be inexpedient, however, for Congress to authorize an enlargement of them. Your attention will of course be drawn to such provisions on the subject of our naval force as may be required for the services to which it may be best adapted. I submit to Congress the seasonableness, also, of an author- ity to augment the stock of such materials as are imperishable in their nature, or may not at once be attainable. In contemplating the scenes which distinguish this momentous epoch, and estimating their claims to our attention, it is impossible to overlook those developing themselves among the great communities which occupy the southern portion of our own hemisphere and extend into our neighbor- hood. An enlarged philanthropy and an enlighted forecast concur in im- posing on the national councils an obligation to take a deep interest in their destinies ; to cherish reciprocal sentiments of good will ; to regard the progress of events, and not to be unprepared for whatever order of things may be ultimately established. Under another aspect of our situation, the early attention of Congress will be due to the expediency of further guards against evasions and in- fractions of our commercial laws. The practice of smuggling, which is odious everywhere, and particularly criminal in free governments, where, the laws being made by all for the good of all, a fraud is committed on every individual as well as on the state, attains its utmost guilt when it blends with a pursuit of ignominious gain a treacherous subserviency, in the trans- gressors, 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 mani- fest itself through the regular animadversions of the most competent laws. To secure greater respect to our mercantile flag, and to the honest in- terest which it covers, it is expedient also that it be made punishable in our citizens to accept licenses from foreign governments for a trade un- lawfully 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 citi- zens 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 delibera- tions, a portion of them can not but be well bestowed on the just and sound policy of securing to our manufactures the success they have attained, and are still attaining, in some degree, under the impulse of causes not permanent ; and to our navigation the fair extent of which is at present abridged by the unequal regulations of foreign governments. Besides the reasonableness of saving our manufactures from sacrifices whih a change of circumstances might bring on them, the national interest requires that, with respect to such articles at least as belong to our de- fence and our primary wants, we should not be left in unnecessary de- pendence on external supplies. And while foreign governments adhere VOL. I. 19 290 MADISON'S SPECIAL MESSAGE. to the existing discrimination 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 thirteen millions and a half of dollars, and have enabled us to defray the current expenses, including the interest on the public debt, and to reimburse more than five millions of dollars 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 one thousand eight hundred and ten has also been reimbursed, and is not in- cluded in that amount. The decrease of revenue arising from the situation of our commerce and the extraordinary expenses which have and may become necessary, must be taken into view, in making commensurate provisions for the en- suing year. And I recommend to your consideration the propriety of in- suring a sufficiency of annual revenue, at least to defray the ordinary ex- penses of government, and to pay the interest on the public debt, in- cluding 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 co-operating 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. SPECIAL MESSAGE DECEMBER 12, 1811. To the Senate and House of Representatives of the United States : I LAY before Congress two letters received from Governor Harrison, of the Indian territory, reporting the particulars and the issue of the expedi- tion under his command, of which notice was taken in my communication of November 5th. While it is deeply lamented that so many valuable lives have been lost in the action which took place on the seventh 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 firm- ness which distinguished their commander, on an occasion requiring the utmost exertions of valor and discipline. It may reasonably be expected that the good effects of this critical de- feat and dispersion of a combination of savages, which appears to have been spreading to a greater extent, will be experienced, not only in the cessation of murders and depredations committed on our frontier, but in the prevention of any hostile incursions otherwise to have been appre- hended MADISON'S SPECIAL MESSAGES. 291 The families of those brave and patriotic citizens, who have fallen in his severe conflict, will doubtless engage the favorable attention of Con- gress. SPECIAL MESSAGE. DECEMBER 23, 1811. To the Senate and House of Representatives of the United States : I COMMUNICATE to Congress copies of an act of the legislature of New York relating to a canal from the great lakes to Hudson river. In making the communication, I consult the respect due to that state, in whose be- half 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 sys- tem of internal communication and conveyance, and suggest to their con- sideration whatever steps may be proper on their part toward its intro- duction and accomplishment. As some of those advantages have an intimate connexion with the arrangements and exertions for the general security, it is at a period calling for these that the merits of such a sys- tem will be seen in the strongest lights. SPECIAL MESSAGE. 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, while the United States, notwithstanding the wrongs sustained by them, ceased not to ob- serve 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 gov- ernment was employed in certain states, more especially at the seat of government in Massachusetts, in fomenting disaffection to the constituted authorities of the nation, and in intrigues with the disaffected, for the pur- pose 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 connexion 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 tho 292 MADISON'S SPECIAL MESSAGES. hearts of all good citizens that happy union of these states, which, under Divine Providence, is the guarantee of their liberties, their safety, their tranquillity, and their prosperity. CONFIDENTIAL MESSAGE. APRIL 1, 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 an immediate pas- sage of a law to that effect. SPECIAL 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 cases of the absence or disability of the judges thereof," which bill was presented to me on the twenty-fifth 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 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, there- fore, virtually appoints, for the time, the justices of the supreme court to other distinct offices, to which, if compatible with their original offices, they ought to be appointed by another than the legislative authority, in pur- suance of legislative provisions authorizing the appointments. Because the appeal allowed by law, for the decision of the district courts to the circuit courts, while it corroborates the construction which regards a judge of one court as clothed with a new office, by being con- stituted a judge of the other, submits for correction erroneous judgments, not to superior or other judges, but to the erring individual himself, acting as sole judge of 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 that are to perform them. The additional services being, moreover, entitled to no additional compen- sation, nor the additional expenses incurred to reimbursment. In this view, the bill appears to be contrary to equity, as well as a precedent to modifi- cations and extensions on judicial services encroaching on the constitu- tional tenure of judicial offices. MADISON'S WAR MESSAGE. 293 Because, by referring to the president of the United States questions of disability in the district judges, and of the unreasonableness of delaying the suits or cases pending in the district courts, and leaving it with him in such cases to require the justices of the supreme court to perform ad- ditional services, the bill introduces an unsuitable relation of members of the judiciary department to a discretionary authority of the executive de- partment. SPECIAL MESSAGE. APRIL 20, 1812. To the Senate and House of Representatives of the United States : AMONG the incidents of the unexampled increase and expanding inter- ests of the American nation, under the fostering influence of free institu- tions and just laws, has been a corresponding accumulation of duties of the several departments of the government ; and this has been necessarily the greater in consequence of the peculiar state of our foreign relations, and the connexion of these with our internal administration. The extensive and multiplied preparations, into which the United States are at length driven for maintaining their violated rights, have caused this augmentation of business to press on the department of war, particularly, with a weight disproportionate to the powers of any single officer, with no other aids than are authorized by existing laws. With a view to a more adequate arrangement for the essential objects of that depart- ment, I recommend to an 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 impor- tant functions which may be properly assigned to them. CONFIDENTIAL MESSAGE. JUNE 1, 1812. To the Senate and House of Representatives of the United States : I COMMUNICATE to Congress certain documents, being a continuation of those heretofore laid before them on the subject of our affairs with Great Britain. Without going back beyond the renewal, in 1803, of the war in which Great Britain is engaged, and omitting unrepaired wrongs of inferior mag- nitude, the conduct of our government presents a series of acts hostile to the United States as an independent and neutral nation. British cruisers have been in the continued practice of violating the American flag on the great highway of nations, and seizing and carrying off persons sailing under it ; not in the exercise of a belligerent right founded on the law of nations against an enemy, but of a municipal pre- rogative over British subjects. British jurisdiction is thus extended to neutral vessels in a situation where no laws can operate but the law of na- 294 MADISON'S WAR MESSAGE. lions 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 re- sponsible sovereign which falls within the definition of war. Could the seizure of British subjects in such cases be regarded as within the exer- cise of a belligerent right, the acknowledged laws of war, which forbids an article of captured property to be adjudged without a regular investiga- tion before a competent tribunal, would imperiously demand the fairest trial where the sacred rights of persons were at issue. In place of such a trial, these rights are subjected to the will of every petty commander. The practice, hence, is so far from affecting British subjects alone, that under the pretext of searching for these, thousands of American citizens, under the safeguard of national law and of their national flag, have been torn from their country and everything dear to them ; have been dragged on board of ships-of-war of a foreign nation and exposed, under the sever- ities 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 melan- choly instruments of taking away those of their own brethren. Against this crying enormity which Great Britain would be so prompt to avenge if committed against herself, the United States have in vain ex- hausted remonstrances and expostulations, and that no proof might be wanting of their conciliatory disposition, and no pretext left for a continuance of the practice, the British government was formally assured of the readiness of the United States to enter into arrangements such as could not be re- jected 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 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 offences committed by her own vessels, her government has bestowed on their commanders additional marks of honor and confidence. Under pretended blockades, without the presence of an adequate force and sometimes without the practicability of applying one, our commerce has been plundered in every sea, the great staples of our country have been cut off, from their legitimate, markets, and a destructive blow aimed at our agricultural and maritime interests. In aggravation of these preda- - tory measures, they have been considered as in force from the dates of their notification ; a retrospective effect being thus added, as has been done in other important cases, to the unlawfulness of the course pursued. And to render the outrage the more signal, these mock blockades have been reiterated and enforced in the face of official communications from the British government, declaring, as the true definition of a legal blockade, that " particular ports must be actually invested, and previous warning given to vessels bound to them not to enter." Not content with these occasional expedients for laying waste our neu- tral trade, the cabinet of Great Britain resorted at length to the sweeping system of blockades, under the name of orders in council, which has been MADISON'S WAR MESSAGE. 295 moulded and managed as might best suit its political views, its commer- cial jealousies, 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 eu- emy proclaiming a general blockade of the British isles, at a time when the naval force of that enemy dared not to issue from his own ports. She was reminded without effect, that her own prior blockades, unsupported by an adequate naval force actually applied and continued, were a bar to this plea ; that executed edicts against millions of our property could not be retaliation on edicts confessedly impossible to be executed ; that retal- iation, to be just should fall on the party setting the guilty example, not on an innocent party which was not even chargeable with an acquies- cence 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 Brit- ain, her cabinet, instead of a corresponding repeal, or a practical discon- tinuance 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 na- tions, 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 gpvernment now demands, as pre-requisites to a repeal of its orders as they relate to the United States, that a formality should be observed in the repeal of the French decrees, nowise necessary to their termination, nor exemplified by British usage ; and that the French repeal, besides including that portion of the decrees which operate within a territorial jurisdiction as well as that which operates on the high seas against the commerce of the United States should not be a single and special repeal in relation to the United States, but should be extended to whatever other neutral nations, uncon- nected with them, may be affected by those decrees. And as an addi- tional insult they are called on for a formal disavowal of conditions and pretensions advanced by the French government, for which the United States are so far from having made themselves responsible, that, in official explanations which have been published to the world, and in a correspond- ence of the American minister at London with the British minister of foreign affairs, such a responsibility was explicitly and emphatically dis- claimed. It has become, indeed, sufficiently certain, that the commerce of the United States is to be sacrificed, not as interfering with the belligerent rights of Great Britain ; not as supplying the wants of her enemies, which she herself supplies ; but as interfering with the monopoly which she covets for her own commerce and navigation. She carries on a war against the lawful commerce of a friend that she may the better carry on a commerce with an enemy a commerce polluted by the forgeries and perjuries which are for the most part the only passports by which it can succeed. Anxious to make every experiment short of the last resort of injured 296 MADISON'S WAR MESSAGE. nations, the United States have withheld from Great Britain, under suc- cessive modifications, the benefits of a free intercourse with her 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 ex- periments 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 to yield to the claims of jus- tice or renounce the errors of a false pride. Nay, so far were the at- tempts 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 for ever 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 pre-determination 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 the British secretary of 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 oi its removal to repeal that decree ; which being followed by alternate re- peals of the other offensive edicts, might abolish the whole system on both sides. This inviting opportunity for accomplishing an object so im- portant to the United States, and professed, so often, to be the desire ot 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 legal blockade, and it was notorious that it such a force had ever been applied its long discontinuance had annulled the blockade in question, there could be no sufficient objection on the part of Great Britain to a formal revocation of it, and no imaginable objec- tion to a declaration of the fact that the blockade did not exist. The declaration would have been consistent with her avowed principles ol 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 bellige- rent 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, noi declare its non-existence ; nor permit its non-existence to be inferred and affirmed 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 Brit- ish cabinet was justly considered as established. The minister plenipo- tentiary of his Britannic majesty here, proposed an adjustment of the differences more immediately endangering the harmony of the two coun- tries. The proposition was accepted with the promptitude and cordiality corresponding with the invariable professions of this government. A foundation appeared to be laid for a sincere and lasting reconciliation. MADISON'S WAR MESSAGE. 297 The prospect, however, quickly vanished. The whole proceeding was -disavowed by the British government, without any explanations which could at that time repress the belief that the disavowal proceeded from a spirit of hostility to the commercial rights and prosperity of the United States. And it has since come into proof that at the very moment when the public minister was holding the language of friendship, and inspiring confidence in the sincerity of the negotiation with which he was charged, a secret agent of his government was employed in intrigues, having for their object a subversion of our government and a dismemberment of our happy union. In reviewing the conduct of Great Britain toward the United States, our attention is necessarily drawn to the warfare just renewed by the sav- ages on one of our extensive frontiers a warfare which is known to spare neither age nor sex, and to be distinguished by features peculiarly shocking to humanity. It is difficult to account for the activity and com- binations which have been for some time developing themselves among tribes in constant intercourse with British traders and garrisons, without connecting their hostility with that influence, and without recollecting the authenticated examples of such interpositions heretofore furnished by the officers and agents of that government. Such is the spectacle of injuries and indignities which have been heaped on our country ; and such the crisis which its unexampled forbearance and conciliatory efforts have not been able to avert. It might at least have been expected that an enlightened nation, if less urged by moral obliga- tions or invited by friendly disposition 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 pol- icy would have favored that free and general circulation of commerce in which the British nation is at all times interested, and which in times of war is the best alleviation of its calamities to herself, as well as to other belligerents ; and more especially that the British cabinet would not, for the sake of a precarious and surreptitious intercourse with hostile markets, have persevered in a course of measures which necessarily put at hazard the invaluable market of a great and growing country, disposed to culti- vate 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 preten- sions. We behold our seafaring citizens still the daily victims of lawless violence, committed on the great and common highway of nations, even within sight of the country which, owes them protection. We behold our vessels, freighted with the products of our soil and industry, or returning with the honest proceeds of them, wrested from their lawful destinations, confiscated by prize courts, no longer the organs of public law, but the in- struments of arbitrary edicts, and their unfortunate crews dispersed and lost, or forced or inveigled in British ports into British fleets, while ar- guments 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 208 MADISON'S FOURTH ANNUAL MESSAGE. force in defence of their national rights, shall commit a just cause into the hands of the Almighty Disposer of events, avoiding all connexions wlu'ch might entangle it in the contests or views of other powers, and preserving a constant readiness to concur in an honorable re-establishment of peace and friendship, is a solemn question which the constitution wisely con- fides to the legislative department of the government. In recommending it to their early deliberations, I am happy in the assurance that the decis- ion will be worthy the enlightened and patriotic councils of a virtuous, 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, 1 pro- ceed to remark that the communications last made to Congress on the subject of our relations with France will have shown, 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 practised on our ves- sels 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 considera- tion 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. FOURTH ANNUAL MESSAGE. NOVEMBER 4, 1812. Fellow- Citizens of the Senate and House of Representatives : ON our present meeting it is my first duty to invite your attention to the providential favors which our country has experienced in the unusual de- gree 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 oc- casion 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 was deemed proper, as a nieasure of pre- caution and forecast, that a considerable force should be placed in the Michigan territory with a general view to its security, and, in the event of war, to such operations in the uppermost Canada as would intercept the hostile influence of Great Britain over the savages, obtain the command of the lake on which that part of Canada borders, and maintain co-operating relations with such forces as might be most conveniently employed against MADISON'S FOURTH ANNUAL MESSAGE. 299 other parts. Brigadier-General Hull was charged with this provisional ser- vice, having under his command a body of troops composed of regulars and volunteers from the state of Ohio. Having reached his destination after his knowledge of the war, and possessing discretionary authority to act of- fensively, he passed into the neighboring territory of the enemy with the prospect of easy and victorious progress. The expedition, nevertheless, terminated unfortunately, not only in a retreat to the town and fort of De- troit, but in the surrender of both, and of the gallant corps commanded by that officer The causes of this painful reverse will be investigated by a military tribunal. A distinguishing feature in the operations which preceded and followed this adverse event, is the use made by the enemy of the merciless sav- ages under their influence. While the benevolent policy of the United States invariably recommended peace and promoted civilization among that wretched portion of the human race, and was making exertions to dissuade them from taking either side in the war, the enemy had not scrupled to call to his aid their ruthless ferocity, armed with the horrors of those instruments of carnage and torture which are known to spare neither age nor sex. In this outrage against the laws of honorable war, and against the feelings sacred to humanity, the British commanders can not resort to a plea of retaliation, for it is committed in the face of our exam- ple. They can not mitigate it by calling it a self-defence against men in arms, for it embraces the most shocking butcheries of defenceless fami- lies. Nor can it be pretended that they are not answerable for the atro- cities 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 ,proof that the national spirit rises according to the pressure on it. The loss of an important post, and 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 blood-thirsty 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. The greater portion of this force is proceeding on its destination toward the Mich- igan territory, having succeeded in relieving an important frontier post, and in several incidental operations against hostile tribes of savages, rendered indispensable by the subserviency into which they had been se- duced 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 tho enemy near Niagara, by a detachment of the regular and other forces under the com- 300 MADISON'S FOURTH ANNUAL MESSAGE. mand of Major-General Van Rensselaer, of the militia of the state of New York. The attack, it appears, was ordered in compliance with the ardor of the troops, who executed it with distinguished gallantry and were for a time victorious ; but not receiving the expected support, they were com- pelled to yield to reinforcements of British regulars and savages. Our loss has been considerable and is to be deeply 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 prov- ince, 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 instant- ly 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, every- thing that can be done may be expected. Should the present season not admit of complete success, the progress made will insure for the next a naval ascendency where it is essential to our permanent peace with, and control over, the savages. Among the incidents to the measures of the war, I am constrained to advert to the refusal of the governors of Massachusetts and Connecticut to furnish the required detachments of militia toward the defence 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 in- formation 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 de- fence 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 es- tablishments 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 had been as successful as circumstances inseparable from its early stages could promise. Our pub- lic ships and private cruisers, by their activity, and, where there was oc- casion, by their intrepidity, have made the enemy sensible of the differ- ence between a reciprocity of captures and the long confinement of them to their side. Our trade, with little exception, has safely reached our ports, having been much favored in it by the course pursued by a squad- ron of our frigates under the command of Commodore Rodgers. Arid 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 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 ex- empt, I lost no time after it was declared in conveying to the British government the terms on which its progress might be arrested, without MADISON'S FOURTH ANNUAL MESSAGE. 301 awaiting the delays of a formal and final pacification ; and our charge d'af- faires at London was at the same time authorized to agree to an armis- tice founded upon them. These terms required that the orders in council should be repealed as they affected the United States, without a revival of blockades violating acknowledged rules, and that there should be an immediate discharge of American seamen from British ships, and a stop to impressment from American ships, with an understanding that an ex- clusion of the seamen of each nation from the ships of the other should be stipulated ; and that the armistice should be improved into a defini- tive and comprehensive adjustment of depending controversies. Although a repeal of the orders susceptible of explanations meeting the views of this government had taken place before this pacific advance was com- municated 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 sub- sequent communications from this government, affording an occasion for reconsidering the subject on the part of Great Britain, will be viewed in a more favorable light or received in a more accommodating spirit, remains to be known. It would be unwise to relax our measures, in any respect, on a presumption of such a result. The documents from the department of state, which relate to this sub- ject, will give a view also of the propositions for an armistice which have been received here, one of them from the authorities at Halifax and in Canada, the other from the British government itself through Admiral Warren, and of the grounds on which neither of them could be accepted. Our affairs with France retain the posture which they held at my last communications to you. Notwithstanding the authorized expectations of an early as well as favorable issue to the discussions on foot, these have been procrastinated to the latest date. The only intervening occurrence meriting attention is the promulgation of a French decree purporting to be a definitive repeal of the Berlin and Milan decrees. This proceeding, although made the ground of the repeal of the British orders in council, is rendered by the time and manner of it liable to many objections. The final communications from our special minister to Denmark afford further proofs of the good effects of his mission, and of the amicable dis- position of the Danish government. From Russia we have the satisfac- tion to receive assurances of continued friendship, and that it will not be affected by the rupture between the United States and Great Britain. Sweden also professes sentiments favorable to the subsisting harmony. With the Barbary powers, excepting that of Algiers, our affairs remain on the ordinary footing. The consul-general residing with that regency has suddenly and without cause been banished, together with all the American citizens found there. Whether this was the transitory effect of capricious despotism or the first act of pre-determined hostility is not ascertained. Precautions were taken by the consul on the latter suppo- sition. 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 na- tional faculties are adequate, the attention of Congress will be particularly drawn to the insufficiency of existing provisions for filling up the military establishment. Such is the happy condition of our country, arising from 302 MADISON'S FOURTH ANNUAL MESSAOB. the facility of subsistence and the high wages for every species of occu- pation, 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 inci- dent 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 vol- unteers made by an act of the last session. The recompense for the ser- vice required in this case is still less attractive than in the other ; and al- though 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 restric- tion 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 ad- dition to the means of their defence. I recommend a provision for an increase of the general officers of tht army, the deficiency of which has been illustrated by the number and dis tance of separate commands, which the course of the war and the advan tage of the service have required. And I can not press too strongly on the earliest attention of the legis- lature the importance of the re-organization of the staff establishment, with a view to render more distinct and definite the relations aud responsibili- ties of its several departments. That there is room for improvements which will materially promote both economy and success in what apper- tains 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 v 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 ma- terials for ship-building the greater part has been applied to that object, and the purchase will be continued with the balance. The enterprising spirit which has characterized our naval force and its success, both in restraining insults and depredations on our coasts and in reprisals on the enemy, will not fail to recommend an enlargement of it. There being reason to believe that the act prohibiting the acceptance of British licenses is not a sufficient guard against the use of them, for pur- poses favorable to the interests and views of the enemy, further provisions on that subject are highly important. Nor is it less so, that penal enact- ments should be provided for cases of corrupt and perfidious intercourse with the enemy, not amounting to treason nor yet embraced by any statu- tory 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 non-importa- MADISON'S FOURTH ANNUAL MESSAGE. 303 lion act would immediately cease to operate, and have arrived in the United States. It did not appear proper to exercise, on unforeseen cases of such magnitude, the ordinary powers vested in the treasury department to mitigate forfeitures, without previously affording to Congress an oppor- tunity of making on the subject such provisions as they may think proper. In their decision they will doubtless equally consult what is due to equi- table considerations and to the public interest. The receipts into the treasury during the year ending on the 30th of September last, have exceeded sixteen millions and a half of dollars, which have been sufficient to defray all the demands on the treasury to that day, including a necessary reimbursement of near three millions of the principal of the public debt. In these receipts is included a sum of near five mil- lions eight hundred and fifty thousand dollars, received on account of the loans authorized by the acts of the last session ; the whole sum actually obtained on loans amounts to eleven millions of dollars, the residue of which, being receivable subsequent to the 30th of September last, will, together with the current revenue, enable us to defray all the expenses of this year. The duties on the late unexpected importations of British manufactures will render the revenue of the ensuing year more productive than cou)d have been anticipated. The situation of our country, fellow-citizens, is not without its difficulties, though it abounds in animating considerations, of which the view here presented of our pecuniary resources is an example. With more than one nation we have serious and unsettled controversies ; and with one, powerful in the means and habits of war, we are at war. The spirit and strength of the nation are nevertheless equal to the support of all its rights, and to carry it through all its trials. They can be met in that confidence. Above all, we have the inestimable consolation of knowing that the war in which we are actually engaged is a war neither of ambition nor of vain glory ; that it is waged, not in violation of the rights of others but in the maintenance of our own ; 'hat it was' preceded by a patience without ex- ample, under wrongs accumulating without end ; and that it was finally not declared until every hope of averting it was extinguished by the trans- fer of the British sceptre into new hands clinging to former councils, and until declarations were reiterated to the last hour, through the British en- voy here, that the hostile edicts against our commercial rights and our maritime independence would not be revoked ; nay, that they could not be revoked without violating the obligations of Great Britain to other powers, as well as to her own interest. To have shrunk under such cir- cumstances from manly resistance, would have been a degradation blast- ing our best and proudest hopes ; it would have struck us from the high rank where the virtuous struggles of our fathers had placed us, and have betrayed the magnificent legacy which we hold in trust for future genera- tions. 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 inde- pendent people, but colonists and vassals. It was at this moment and with such an alternative that war was chosen. The nation felt the neces- sity 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 our- selves, entangled in no connexions with the views of other powers, and 304 MADISON'S SPECIAL MESSAGES. ever ready to accept peace from the hand of justice, we prosecute the *var with united counsels and with the ample faculties of the nation, until peace be so obtained, and as the only means, under tho divine blessing, of speedily obtaining it. SPECIAL MESSAGE. NOVEMBER 6, 1812. To the Senate and House of Representatives of the United States : THE bill, entitled, " An act supplementary to the acts heretofore passed on the subject of a uniform rule of naturalization," which passed the two houses at the last session of Congress, having appeared to me liable to abuse by aliens having no real purpose of effectuating a naturalization, and therefore not been signed ; and having been presented at an hour too near the close of the session to be returned with objections for reconsid- eration, the bill failed to become a law. I recommend that provisions 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. SPECIAL MESSAGE. DECEMBER 12, 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 con- summate skill and conspicuous valor by which this trophy has been added to the naval arms of the United States. I transmit also a letter from Captain Jones, who commanded the sloop- of-war Wasp, reporting his capture of the British sloop-of-war Frolic, after a close action, in which other brilliant titles will be seen to the public ad- miration 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. MADISON'S SPECIAL MESSAGES. 305 SPECIAL MESSAGE FEBRUARY 22, 1813. To the Senate and House of Representatives of the United States : I LAY before Congress a letter, with accompanying documents, from Captain Bainbridge, now commanding the United States frigate the Consti- tution, reporting his capture and destruction of the British frigate the Java. The circumstances and the issue of this combat afford another example of the professional skill and heroic spirit which prevail in our naval service. The signal display of both by Captain Bainbridge, his officers, and crew, command 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 contem- plated reward of successful valor, 1 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. SPECIAL MESSAGE. 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 special licenses ; and is accompanied by a circular instruction to the colonial- gov- ernors, which confines licensed importations from ports of the United States to the ports of the eastern states exclusively. The government of Great Britain has 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 perjury and forgery unknown to other times, was making an unfortunate progress in undermining those princi- ples of morality and religion which are the best foundation of national happiness. The policy now proclaimed to the world introduces into her modes of warfare a system equally distinguished by the deformity of its features and the depravity of its character ; having for its object to dissolve the ties of allegiance and the sentiments of loyalty in the adversary nation, and to seduce and separate its component parts the one from the other. The general tendency of these demoralizing and disorganizing contri- vances will be reprobated by the civilized and Christian world, and the insulting attempt on the virtue, the honor, the patriotism, and the fidelity of our brethren of the eastern states, will not fail to call forth all their in- dignation and resentment, and to attach more and more all the states to that happy union and constitution against which such insidious and ma- lignant artifices are directed. VOL. 1. 20 306 MADISON'S SECOND INAUGURAL ADDRESS. 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 inhabitants of the United States under special licenses, whether relating to persons or ports, and in aid thereof a prohibition of all exportations from the United States in foreign bottoms, few of which are actually employed, while mul- tiplying counterfeits of their flags and papers are covering and encour- aging the navigation of the enemy. SECOND INAUGURAL ADDRESS. MARCH 4, 1813. ABOUT to add the solemnity of an oath to the obligations imposed by a second call to the station in which my country has heretofore placed me, I find, in the presence of this assembly, an opportunity of publicly repeat- ing my profound sense of so distinguished a confidence, and of the respon- sibility united with it. The impressions on me are strengthened by such an evidence, that my faithful endeavors to discharge my arduous duties have been favorably estimated ; and by a consideration of the momentous period at which the trust has been renewed. From the weight and mag- nitude now belonging to it, I should be compelled to shrink, if I had less reliance on the support of an enlightened and generous people, and felt less deeply a conviction, that the war 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 no^ cherish this sentiment without presumption, when we re- flect on the characteristics by which this war is distinguished ? It was not declared on the part of the United States until it had been long made on them, in reality, though not in name ; until arguments and expostulations had been exhausted ; until a positive declaration had been received that the wrongs provoking it would not be discontinued ; nor until this appeal could no longer be delayed, without breaking down the spirit of the nation, destroying all confidence in itself and its political in- stitutions ; and either perpetuating a state of disgraceful suffering, or re- gaining 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 security of an important class of citizens, whose occupations give the proper value to those of every other class. Not to contend for such a stake, is to surrender our equality with other powers, on the element com- mon to all ; and to violate the sacred title which every member of the so- ciety has to its protection, I need not call into view the unlawfulness of the practice, by which our mariners are forced, at the will of every cruis- ing officer, from their own vessels into foreign ones, nor paint the outra- ges inseparable from it. The proofs are in the records of each succes- sive administration of our government ; and the cruel sufferings of that por- tion of the American people have found their way to every man's bosom not dead to the sympathies of human nature. As the war was just in its origin, and necessary and noble in its objects, we can reflect with a proud satisfaction, that in carrying it on, no principle of justice or honor, no usage of civilized nations, no precept of courtesy MADISON S SECOND INAUGURAL ADDRESS. 307 or humanity, have been infringed. The war has been \yaged on our part, with scrupulous regard to all these relations, and in a spirit of liberality which was never surpassed. How little has been the effect of this example on the conduct of the enemy ! They have retained as prisoners-of-war, citizens of the United States not liable to be so considered under the usages of war. They have refused to consider as prisoners-of-war, and threatened to punish as traitors and deserters, persons emigrating without restraint to the United States ; incorporated by naturalization into our political fam- ily, and righting 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 sav- age, 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 tor- ture and death on maimed and defenceless captives. And what was never before seen, British commanders have extorted victory over the uncon- querable 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 honorable modes of warfare, supplying the place of a conquering force by attempts to disorganize our political so- ciety, to dismember our confederated republic. Happily, like others, these will recoil on the authors ; but they mark the degenerate councils 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 en- gaged, 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 mani- festations of a disposition to arrest its progress. The sword was scarcely out of the scabbard before the enemy was apprized of the reasonable terms on which it should be resheathed. Still more precise advances were re- peated, and have been received jn 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 independent people. Our country abounds in the necessaries, the arts, and the comforts of life. A general prosperity is visible in the public countenance. The means employed by the British cabinet to undermine it, have recoiled on them- selves ; have given to our national faculties a rapid development ; and draining or diverting the precious metals from British circulation and Brit- ish vaults, have poured them into those of the United States. It is a pro- pitious consideration, that an unavoidable war should have found this sea- sonable facility for the contributions required to support it. When the public voice called for war, all knew, and still know, that without them it could not be carried on, through the period it might last ; and the patriot- ism, the good sense, and the manly spirit of our fellow-citizens, are 308 MADISON'S MESSAGE. SPECIAL SESSION. pledges for the cheerfulness with which they will bear each his share of the common burden. To render the war short, and its success sure, animated and systematic exertions alone are necessary ; and the success of our arms now may long preserve our country from the necessity of another resort to them. Already have the gallant exploits of our naval heroes proved to the world our inherent capacity to maintain our rights on one element. If the reputation of our arms has been thrown under clouds on the other, presaging flashes of heroic enterprise assure us that nothing is wanting to correspondent triumphs there also, but the discipline and habits which are in daily progress. SPECIAL SESSIO N. M E S S A G E . MAY 25, 1813. Fellow-Citizens of the Senate and House of Representatives : AT an early day after the close of the last session of Congress, an offer was formally communicated from his imperial majesty the emperor of Russia, of his mediation, as the common friend of the United States and Great Britain, for the purpose of facilitating a peace between them. The high character of the emperor Alexander being a satisfactory pledge for the sincerity and impartiality of his offer, it was immediately accepted ; and as a further proof of the disposition on the part of the United States to meet their adversary in honorable experiments for terminating the war, it was determined to avoid intermediate delays, incident to the distance of the parties, by a definitive provision for the contemplated negotiation. Three of our eminent citizens were accordingly commissioned, with the requisite powers to conclude a treaty of peace with persons clothed with like powers on the part of Great Britain. They are authorized also to enter into such conventional regulations of the commerce between the two countries as may be mutually advantageous. The two envoys who were in the United States at the time of their appointment have proceeded to join their colleague already at St. Petersburgh. The envoys have received another commission, authorizing them to conclude with Russia a treaty of commerce, with a view to strengthen the amicable relations and improve the beneficial intercourse between the two countries. The issue of this friendly interposition of the Russian emperor, and this pacific manifestation on the part of the United States, time only can decide That the sentiments of Great Britain toward that sovereign will have pro- duced an acceptance of his offered mediation must be presumed. That no adequate motives exist to prefer a continuance of war with the United States to the terms on which they are willing to close it, is certain. The British cabinet also must be sensible, that, with respect to the important question of impressment on which the war so essentially turns, a search for or seizure of British persons or property on board neutral vessels, on the high seas, is not a belligerent right derived from the law of nations ; and it is obvious that no visit or search, or use of force for any purpose, on board the vessels of one independent power on the high seas, can in war or peace be sanctioned by the laws or authority of another power. It is equally obvious, that for the purpose of preserving to each state its seafaring members, by excluding them from the vessels of the other, MADISON'S MESSAGE. SPECIAL SESSION. 309 the mode heretofore proposed by the United States and now exacted by them as an article of municipal policy, can not for a moment be com- pared with the mode practised by Great Britain without a conviction of its title to preference, inasmuch as the latter leaves the discrimination be- tween the mariners of the two nations to officers exposed by unavoidable bias as well as by a defect of evidence to a wrong decision, under cir- cumstances precluding, for the most part, the enforcement of controlling penalties, and where a wrong decision, besides the irreparable violation of the sacred rights of persons, might frustrate the plans and profits of entire voyages ; whereas the mode assumed by the United States guards, with studied fairness and efficacy, against errors in such cases, and avoids the effect of casual errors on the safety of navigation and the suc- cess of mercantile expeditions. If the reasonableness of expectations drawn from, these considerations could guaranty their fulfilment, a just peace would not be distant. But it becomes the wisdom of the national legislature to keep in mind the true policy, or rather the indispensable obligation, of adapting its measures to the supposition that the only course to that happy event is in the vigorous employment of the resources of war. And painful as the reflection is, this duty is particularly enforced by the spirit and manner in which the war continues to be waged by the enemy, who, uninfluenced by the un- varied examples of humanity set them, are adding to the savage fury of it on one frontier a system of plunder and conflagration on the other, equally forbidden by respect for national character and by the established rules of civilized warfare. As an encouragement to perseverance and invigorated exertions to bung the contest to a happy result, I have the satisfaction of being able to appeal \o the auspicious progress of our arms both by land and on the water. In continuation of the brilliant achievements of our infant navy, a sif.-nal triumph has been gained by Captain Lawrence and his companions in the Hornet sloop-of-war, which destroyed a British sloop-of-war with a ceier- ity so unexampled, and with a slaughter of the enemy so disproportionate to the loss in the Hornet, as to claim for the conquerors the highest praise, and the full recompense provided by Congress in the preceding cases. Our public ships-of-war in general, as well as the private armed vessels, have continued also their activity and success against the commerce of the enemy, and by their vigilance and address have greatly frustrated the ef- forts of the hostile squadrons distributed along our coasts to intercept them in returning into port and resuming their cruises. The augmentation of our naval force, as authorized at the last session of Congress, is in progress. On the lakes our superiority is near at hand where it is not already established. The events of the campaign, so far as they are known to us, furnish matter of congratulation, and show that under a wise organization and efli- cient direction the army is destined to a glory not less brilliant than that which already encircles the navy. The attack and capture of York is in that quarter a presage of future and greater victories, while on the west- ern frontier, the issue of the late siege of Fort Meigs leaves us nothing to regret but a single act of inconsiderate valor. The provisions last made for filling the ranks and enlarging the staff of the army have had the best effects. It will be for the consideration of Congress, whether other provision, depending on their authority, may not still further improve the military establishment and the means of defence. 310 MADISON'S MESSAGE SPECIAL SESSION. The sudden death of the distinguished citizen who represented the United States in France, without any special arrangement by him for such a contingency, has left us without the expected sequel to his last commu- nications , nor has the French government taken any measures for bring- ing the depending negotiations to a conclusion through its representative in the United States. This failure adds to delays before so unreasonably spun out. A successor to our deceased minister has been appointed and is ready to proceed on his mission. The course which he will pursue in fulfilling it is that prescribed by a steady regard to the true interests of the United States, which equally avoids an abandonment of their just de- mands and a connexion of their fortunes with the systems of other powers. The receipts in the treasury, from the 1st of October to the 31st day of March last, including the sums received on account of treasury -notes, and of the loans authorized by the acts of the last and the preceding session of Congress, have amounted to fifteen millions four hundred and twelve thousand dollars. The expenditures during the same period amounted to fifteen millions nine hundred and twenty thousand dollars, and left in the treasury, on the first of April, the sum of one million eight hundred and fifty-seven thousand dollars. The loan of sixteen millions of dollars, authorized by the act of the 8th of February last, has been contracted for. Of that sum more than a million of dollars has been paid into the treasury prior to the 1st of April, and formed a part of the receipts as above stated. The remainder of that loan, amounting to near fifteen millions of dollars, with the sum of five millions of dollars authorized to be issued in treasury- notes, and the estimated receipts from the customs and the sales of public lands, amounting to nine millions three hundred thousand dollars, and making, in the whole, twenty-nine millions three hundred thousand dol- lars to be received during the last nine months of the present year, will be necessary to meet the expenditures already authorized and the engage- ments contracted in relation to public debt. These engagements amount during that period to ten millions five hundred thousand dollars, which, with near one million for the civil, miscellaneous, and diplomatic ex- penses, both foreign and domestic, and seventeen millions eight hundred thousand dollars for the military and naval expenditures, including the ehips-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 first of April last. A part of this sum may be considered as a resource for defraying any extraordi- nary expenses already authorized by law beyond the sums above estima- ted, and a further resource for any emergency may be found in the sum of one million of dollars, 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, while 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 ne- cessity of providing more adequately for the future supplies of the treasury. This can be best done by a well-digested system of internal revenue, in aid of existing sources, which will have the effect, both of abridging the amount of necessary loans, and on that account, as well as by placing the public credit on a more satisfactory basis, of improving the terms on which loans may be obtained. The loan of sixteen millions was not contracted for at a less interest than about seven and a half per cent., and, although other causes may have had an agency, it can not be doubted that with the MADISON'S CONFIDENTIAL MESSAGE. 311 advantage of a more extended and less precarious revenue, a lower rate of interest might have sufficed. A longer postponement of this advantage could not fail to have a still greater influence on future loans. In recommending to the national legislature this resort to additional taxes, I feel great satisfaction in the assurance that our constituents, who have already displayed so much zeal and firmness in the cause of their country, will cheerfully give any other proof of their patriotism which it calls for. Happily no people, with local and transitory exceptions never to be wholly avoided, are more able than the people of the United States to spare for the public wants a portion of their private means, whether regard be had to the ordinary profits of industry or the ordinary price of subsistence in our country compared with those in any other. And in no case could stronger reasons be felt for yielding the requisite contributions. By rendering the public resources certain, and commensurate to the public exigences, the constituted authorities will be able to prosecute the war the more rapidly to our proper issue ; every hostile hope founded on a cal- culated failure of its resources will be cut off, and by adding to the evi- dence of bravery and skill on combats on the ocean and the land, and alacrity in supplying the treasure necessary to give them their fullest effects, and demonstrating to the world the public energy which our polit- ical institutions combine, with the personal liberty distinguishing them, the best security will be provided against future enterprises on the rights of the peace of the nation. The contest in which the United States are engaged appeals for its support to every motive that can animate an uncorrupted and enlightened people : to the love of country ; to the pride of liberty ; to an emulation of the glorious founders of their independence by a successful vindication of its violated attributes ; to the gratitude and sympathy which demand security from the most degraded wrongs of a class of citizens who have proved themselves so worthy the protection of their country by their heroic zeal in its defence ; and finally, to the sacred obligation of transmuting entire to future generations that precious patrimony of national rights and independence which is held in trust by the present, from the goodueoS 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 oL;ects of primary importance. In special messages which may ensue, r, gard will be had to the same consideration. CONFIDENTIAL MESSAGE. JULY 20, 1813. To the Senate and House of Representatives of the United States : THERE being sufficient reason to infer that it is the purpose of the en- emy to combine with the blockade of our ports special licenses to neutral vessels or to British vessels in neutral disguises, whereby they may draw from our country the precise kind and quantity of exports essential to their wants, while 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 312 MADISON'S FIFTH ANNUAL MESSAGE. the effect of diminishing very materially the pressure of the war on the enemy, and encouraging a perseverance in it, at the same time that it will leave the general commerce of the United States under all the pressure the enemy can impose, thus subjecting the whole to British regulation in subserviency to British monopoly, I recommend to the consideration of Congress the expediency of an immediate and effectual prohibition of ex- ports 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. FIFTH ANNUAL MESSAGE DECEMBER 7, 1813. Fellow- Citizens of the Senate and House of Representatives : IN meeting you at the present interesting conjuncture, it would have been highly satisfactory if I could have communicated a favorable result to the mission charged with negotiations for restoring peace. It was a just expectation, from the respect due to the distinguished sovereign who had invited them by his offer of mediation, from the readiness with which the invitation was accepted on the part of the United States, and from the pledge to be found in an act of their legislature for the liberality which their plenipotentiaries would carry into the negotiations, that no time would be lost by the British government in embracing the experiment for hastening a stop to the effusion of blood. A prompt and cordial ac- ceptance of the mediation on that side was the less to be doubted, as it was of a nature not to submit rights or pretensions on either side to the decision of an umpire, but to afford merely an opportunity, honorable and desirable to both for discussing, and if possible adjusting them for the interest of both. The British cabinet, either mistaking our desire of peace for a dread of British power, or misled by other fallacious calculations, has disap- pointed this reasonable anticipation. No communications from our en- voys 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 ot 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. While proofs have been continued of the enterprise and skill of our cruisers, public and private, on the ocean, and a new trophy gained in the capture of a British by an American vessel-of-war, after an action giving celebrity to the name of the victorious commander, the great inland waters on which the enemy were also to be encountered have presented achieve- ments of our naval arms as brilliant in their character as they have been important in their consequences. On Lake Erie, the squadron under the command of Captain Perry hav- ing met the British squadron of a superior force, a sanguinary conflict MADISON'S FIFTH ANNUAL MESSAGE. 313 ended in the capture of the whole. The conduct of that officer, adroit a^ it was daring, and which was so well seconded by his comrades, justly entitles them to the admiration and gratitude of their country, and will fill an early page in its naval annals, with a victory never surpassed in lustre, however much it may have heea in magnitude. On Lake Ontario, the caution of the British commander, favored by contingencies, frustrated the efforts of the American commander to bring on a decisive action. Captain Chauncey was able, however, to establish an ascendency on that important theatre, and to prove by the manner in which he effected everything possible that opportunities only were want- ed for a more shining display of his own talents and the gallantry of those under his command. The success on Lake Erie having opened a passage to the territory of the enemy, the officer commanding the northwestern army transferred the war thither, and rapidly pursuing the hostile troops, fleeing with their sav- age 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 sig- nalized 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 sav- ages of numerous tribes from the enemy, by whom they were disappoint- ed and abandoned ; and to relieve an extensive region of country from a merciless warfare which desolated its frontiers and imposed on its citi- zens the most harassing services. In consequence of our naval superiority on Lake Ontario, and the op- portunity afforded by it for concentrating our forces by water, operations which had been provisionally planned were set on foot against the pos- sessions of the enemy on the St. Lawrence. Such, however, was the delay produced in the first instance by adverse weather of unusual violence and continuance, and such the circumstances attending the final movement of the army, that the prospect at one time so favorable was not realized. The cruelty of the enemy in enlisting the savages into a war with a nation desirous of mutual emulation in mitigating its calamities, has not been confined to any one quarter. Wherever they could be turned against us no exertions to effect it have been spared. On our southwestern bor- der, the Creek tribes, who yielding to our persevering endeavors were gradually acquiring more civilized habits, became the unfortunate victims of seduction. A war in that quarter has been the consequence, infuriated by a bloody fanaticism recently propagated among them. It was neces- sary to crush such a war before it could spread among the contiguous tribes, and before it could favor enterprises of the enemy into that vicinity. With tliis view, a force was called into the service of the United States from the states of Georgia and Tennessee, which, with the nearest regu- lar troops, and other corps from the Mississippi territory, might not only 314 MADISON 8 FIFTH ANNUAL MESSAGE. chastise the savages into present peace but make a lasting impression on their fears. The progress of the expedition, as far as is yet known, corresponds with the martial zeal with which it was espoused, and the best hopes of a satisfactory issue are authorized by the complete success with which a well-planned enterprise was executed against a body of hostile savages by a detachment of the volunteer militia of Tennessee, under the gallant command of General Coffee ; and by a still more important victory over a large body of them, gained under the immediate command of Major-Gene- ral Jackson, an officer equally distinguished for his patriotism and military talents. The systematic perseverance of the enemy in courting the aid of the savages in all quarters, had the natural effect of kindling their ordinary propensity to war into a passion which, even among those best disposed toward the United States, was ready, if not employed on our side, to be turned against us. A departure from our protracted forbearance to accept the services tendered by them, has thus been forced upon us. But in yielding to it, the retaliation has been mitigated as much as possible both in its extent and in its character, stopping far short of the example of the enemy, who owe the advantages they have occasionally gained in battle chiefly to the number of their savage associates ; and who have not con- trolled them either from their usual practice of indiscriminate massacre on defenceless 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 responsi- ble, whether with the power to prevent them they want the will, or with the knowledge of a want of power they still avail themselves of such instruments. In other respects the enemy are pursuing a course which threatens con- sequences most afflicting to humanity. A standing law of Great Britain naturalizes, as is well known, all aliens complying with conditions limited to a shorter period than those required by the United States ; and naturalized subjects are in war employed by her government in common with native subjects. - In a contiguous British province, regulations promulgated since the commencement of the war compel citizens of the United States being there under certain circum- stances to bear arms, while of the native emigrants from the United States who compose much of the population of the province, a number have actually borne arms against the United States within their limits, some of whom, after having done so, have become prisoners-of-war and are now in our possession. The British commander in that province, nevertheless, with the sanction as appears of his government, thought proper to select from American prisoners-of-war. and send to Great Britain for trial as criminals, a number of individuals who had emigrated from the British dominions long prior to the state of war between the two nations, who had incorporated themselves into our political society in the modes recognised by the law and practice of Great Britain, and who were made prisoners-of- war under the banners of their adopted country, fighting for its rights and its safety. The protection due to these citizens requiring an effectual interposition in their behalf, a like number of British prisoners-of-war were put into confinement, with a notification that they wonld experience whatever vio- lence might be committed on the American prisoners-of-war sent to Great Britain. MADISON'S FIFTH ANNUAL MESSAGE 315 It was hoped that this necessary consequence of the step unadvisedly taken on the part of Great Britain would have led her government to re- flect 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 non-commissioned officers, in double the number of the British soldiers confined here, were ordered into close confinement, with formal notice that in the event of a retaliation for the death which might be inflicted on the prisoners-of-war sent to Great Britain for trial, the officers so confined would be put to death also. It was notified at the same time that the commanders of the British fleets and armies on our coasts are instructed, in the same event, to proceed with a destructive severity against our towns and their inhabitants. That no doubt might be left with the enemy of our adherence to the retaliatory resort imposed on us, a corresponding number of British offi- cers, prisoners-of-war in our hands, were immediately put into close con- finement, to abide the fate of those confined by the enemy ; and the Brit- ish government has been apprized of the determination of this government to retaliate any other proceedings against us contrary to the legitimate modes of warfare. It is as fortunate for the United States that they have it in their power to meet the enemy in this deplorable contest, as it is honorable to them that they do not join in it but under the most imperious obligations, and with the humane purpose of effectuating a return to the established usages of war. The views of the French government on the subjects which have been so long committed to negotiation have received no elucidation since the close of your late session. The minister plenipotentiary of the United States at Paris had not been enabled by proper opportunities to press the object of his mission as prescribed by his instructions. The militia being always to be regarded as the great bulwark of de- fence and security for free states, and the constitution having wisely com- mitted to the national authority a use of that force, as the best provision against an unsafe military establishment, as well as a resource peculiarly adapted to a country having the extent and the exposure of the United States, I recommend to Congress a revision of the militia laws for the purpose of securing more effectually the services of all detachments called into the employment, and placed under the government of the United States. It will deserve the consideration of Congress, also, whether among other improvements in the militia laws justice does not require a regula- tion, under due precautions, for defraying the expense incident to the first assembling as well as the subsequent movements of the detachments called into the national service. To give 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 friend- ly powers. With this view, I recommend to Congress the expediency of such legal provisions as may supply the defects or remove the doubts of the executive authority, to allow to the cruisers of other powers at war with the enemies of the United States such use of the American ports as may correspond with the privileges allowed by such powers to American cruisers 316 MADISON'S FIFTH ANNUAL MKSSAGE. During the year ending on the 30th of September last, the receipts into the treasury have exceeded thirty-seven millions and a half of dollars, of which near twenty-four millions were the produce of loans. After meet- ing all the demands for the public service, there remained in the treasury on that day near seven millions of dollars. Under the authority contained in the act of the 2d of August last, for borrowing seven millions and a half of dollars, that sum has been obtained on terms more favorable to the United States than those of the preceding loan made during the pres- ent year. Further sums, to a considerable amount will be necessary to be obtained in the same way during the ensuing year, and from the in- creased capital of the country, from the fidelity with which the public engagements have been kept, and the public credit maintained, it may be expected on good grounds that the necessary pecuniary supplies will not be wanting. The expenses of the current year, from the multiplied operations falling within it, have, necessarily been extensive. But, on a just estimate of the campaign in which the mass of them has been incurred, the cost will not be found disproportionate to the advantages which have been gained. The campaign has, indeed, in its latter stages in one quarter, been less favorable than was expected ; but in addition to the importance of our naval success, the progress of the campaign has been filled with inci- dents highly honorable to the American arms. The attacks of the enemy on Craney Island, on Fort Meigs, on Sack- ett's Harbor, and on Sandusky, have been vigorously and successfully re- pulsed ; nor have they in any case succeeded on either frontier, except 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 eventual victory. In the same scale are to be placed the late successes in the south, over one of the most powerful, which had become one of the most hostile also, of the Indian tribes. It would be improper to close this communication without expressing a thankfulness in which all ought to unite, for the numerous blessings with which our beloved country continues to be favored ; for the 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 MADISON'S CONFIDENTIAL MESSAGE. 317 and usurpations no longer to be borne will sufficiently outweigh, the pri- vations and sacrifices inseparable from a state of war. But it is a reflec- tion, moreover, peculiarly consoling, that while wars are generally aggra- vated by their baneful effects on the internal improvements and permanent prosperity of the nations engaged in them, such is the favored situa- tion of the United States, that the calamities of the contest into which they have been compelled to enter are mitigated by improvements and advantages of which the contest itself is the source. If the war has increased the interruptions of our commerce, it has at the same time cherished and multiplied our manufactures so as to make us independent of all other countries for the more essential branches for which we ought to be dependent on none ; and is even rapidly giving them an extent which will create additional staples in our future inter- course with foreign markets. If much treasure has been expended, no inconsiderable portion of it has been applied to objects durable in their value and necessary to our permanent safety. If the war has exposed us to increased spoliations on the ocean, and to predatory incursions on the land, it has developed the national means of retaliating the former, and of providing protection against the latter, demonstrating to all that every blow aimed at our maritime independence is an impulse accelerating the growth of our maritime power. By diffusing through the mass of the nation the elements of military discipline and instruction ; by augmenting and distributing warlike prepa- rations applicable to future use ; by evincing the zeal and valor with which they will be employed and the cheerfulness with which every necessary burden will be borne, a greater respect for our rights and a longer duration of our future peace are promised than could be expected without these proofs of the national character and resources. The war has proved, moreover, that our free government, like other free governments, though slow in its early movements, acquires in its progress a force proportioned to its freedom, and that the union of these states, the guardian of the freedom and safety of all and of each, is strengthened by every occasion that puts it to the test. In fine, the war, with all its vicissitudes, is illustrating the capacity and the destiny of the United States to be a great, a flourishing, and a power- ful nation, worthy of the friendship which it is disposed to cultivate with all others, and authorized by its own example to require from all an ob- servance of the laws of justice and reciprocity. Beyond these, their claims have never extended, and in contending for these we behold a sub- ject 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. CONFIDENTIAL MESSAGE. DECEMBER 9, 1813. To the Senate and House of Representatives of the United States : THE tendency of our commercial and navigation laws in their present tale to favor the enemy and thereby prolong the war, is more and more 318 MADISON S SPECIAL MESSAGE. developed by experience. Supplies of the most essential kind 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 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 the 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 an imma- .erial degree only, from the productions of any other country than Great Britain, and particularly the extensive articles made of wool and cotton materials, and ardent spirits made from the cane, be expressly and 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 non-importation 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 crew, 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 indispensa- ble 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 cheer- fulness by all good citizens, as the restraints will affect those most who are most ready to sacrifice the interests of their country in pursuit of their own. SPECIAL MESSAGE. FEBRUARY 26, 1814. To the Senate and House of Representatives of the United States : IT has appeared that at the recovery of the Michigan territory from the temporary possession of the enemy, the inhabitants thereof were left in so destitute and distressed a condition as to require from the public stores certain supplies essential to their subsistence which have been prolonged under the same necessity which called for them. MADISON'S SIXTH ANNUAL MESSAGE. 319 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 co-operation 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 ren- der a further expense for the like purpose inevitable. On these subjects an estimate from the department of war will be laid before Congress, and I recommend a suitable provision for them. SPECIAL MESSAGE. MARCH 31, 1814. Fellow- Citizens of the Senate and House of Representatives : TAKING into view the mutual interest which the United States and the foreign nations in amity with them have in a liberal commercial inter- course, and the extensive changes favorable thereto which have recently taken place taking into view, also, the important advantages which may otherwise result from adapting the state of our commercial laws to the circumstances now existing, I recommend to the consideration of Con- gress the expediency of authorizing, after a certain day, exportations (spe- cie excepted) from the United States, and 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 impor- tation of articles not the property of enemies, but produced or manufac- tured only within their dominions. I recommend, also, as a more effectual safeguard and encouragement to our growing manufactures, that the additional duties on imports which are to expire at the end of one year after a peace with Great Britain, be prolonged to the end of two years after that event ; and that, in favor of our moneyed institutions, the exportation of specie be prohibited throughout the same period. SIXTH ANNUAL MESSAGE. SEPTEMBER 20, 1814. Fellow-Citizens of the Senate and House of Representatives : NOTWITHSTANDING the early day which had been fixed for your ses- sion of the present year, I was induced to call you together still sooner, as well that any inadequacy in the existing provisions for the wants of the treasury might be supplied, as that no delay might happen in providing for the result of the negotiations on foot with (Jrcat liritain, whether it 320 MADISON'S SIXTH ANNUAL MESSAGE. 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 order in council and the general pacification in Europe, which withdrew the occasion on which impressments from American vessels were prac- tised, suggest expectations that peace and amity may be re-established, we are compelled, on the other hand, by the refusal of the British government to accept the offered mediation of the emperor of Russia, by the delays in giving effect to its own proposal of a direct negotiation, and above all, by the principles and manner in which the war is now avowedly carried on, to infer that a spirit of hostility is indulged, more violent than ever, against the rights and prosperity of this country. This increased violence is best explained by the two important circum- stances, that the great contest in Europe for an equilibrium guarantying 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 that it has left in her hands disposable armaments, with which, forgetting the diffi- culties of a remote war with a free people, and yielding to the intoxica- tion of success, with the example of a great victim to it before her eyes, she cherishes hopes of still further aggrandizing a power already formi- dable in its abuses to the tranquillity of the civilized and commercial world. But whatever may have inspired the enemy with these more violent purposes, the public councils of a nation more able to maintain than it was to acquire its independence, and with a devotion to it rendered more ar- dent by the experience of its blessings, can never deliberate but on the means most effectual for defeating the extravagant views or unwarrantable passions with which alone the war can now be pursued against us. In the events of the present campaign, the enemy with all his augment- ed 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 metropo- lis and the neighboring town of Alexandria, from both of which his re- treats were as precipitate as his attempts were bold and fortunate. In his other incursions on our Atlantic frontier, his progress, often checked and chastised by the martial spirit of the neighboring citizens, has had more effect in distressing individuals and in dishonoring his arms than in promoting any object of legitimate warfare. And in the two instances mentioned, however deeply to be regretted on our part, he will find in his transient success, which interrupted for a moment only the ordinary pub- lic business at the seat of government, no compensation for the loss of character with the world, by his violations of private property and by his destruction of public edifices protected as monuments of the arts by the laws of civilized warfare. On our side we can appeal to a series of achievements which have given new lustre to the American arms. Besides the brilliant incidents in the minor operations of the campaign, the splendid victories gained on the Canadian side of the Niagara by the American forces under Major- General Brown, and Brigadiers Scott and Gaines, have gained for these heroes, and their emulating companions, the most unfading laurels, and having triumphanily tested the progressive discipline of the American soldiery, have taught the enemy that the longer he protracts his hostile efforts the more certain and decisive will be his final discomfiture. On our southern border victory has continued also to follow the Amer lean standard. The bold and skilful operations of Major-General Jackson, MADISON S SIXTH ANNUAL MESSAGE. conducting troops drawn from the militia of the states least distant, partic- ularly of Tennessee, have subdued the principal tribes of hostile savages, and by .establishing a peace with them, preceded by recent and exemplary chastisement, has best guarded against the mischief of their co-operation 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, ho was received with a spirit which produced a rapid retreat to his ships, T hile a concurrent attack by a large fleet was successfully resisted by the steady and well-directed fire from the fort and batteries opposed to it. In another recent attack by a powerful force on our troops at Plattsburg, of which regulars made a part only, the enemy, after a perseverance for many hours, was finally compelled to seek safety in a hasty retreat, with our gallant bands pressing upon him. On the lakes, so much contested throughout the war, the great 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 condition to confine that of the enemy to his own port, and to favor the operations of our land forces on that frontier. A part of the squadron on Lake Erie has been extended into Lake Hu- ron, and has produced the advantage of displaying our command on that lake also. One object of the expedition was the reduction of Mackinaw, which failed with the loss of a few brave men, among whom was an offi- cer justly distinguished for his gallant exploits. The expedition, ably conducted by both the land and the naval commanders, was otherwise higaly valuable in its effects. On Lake Champlain, where our superiority had for some time been undisputed, the British squadron lately came into action with the Ameri- can, 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 in- trepid comrades is in the likeness of his triumph to the illustrious victory which immortalized another officer, and established at a critical moment our command of another lake. On the ocean the pride of our naval arms has been amply supported. A second frigate has indeed fallen into the hands of the enemy, but the loss is hidden in the blaze of heroism with which she was defended. Captain Porter, who commanded her, and whose previous career had been distin- guished by daring enterprise and by fertility of genius, maintained a san- guinary 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 the country is ever ready to bestow on the champions of its rights and of its safety. Two smaller vessels-of-war have also become prizes to the enemy, but by a superiority of force which sufficiently vindicates the reputations of their commanders ; while 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. VOL. 1. 21 322 MADISON'S SIXTH ANNUAL MESSAGE. In spite of the naval force of the enemy accumulated on our coast, 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 proclama- tion of which is made the pretext for vexing and discouraging the com- merce 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 defence and great expenses incurred. That the defence 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 en- larging the provision for special corps, mounted and unmounted, to be engaged for longer periods of service than are due from the militia. I earnestly renew, at the same time, a recommendation of such changes in the system of the militia, as, by classing and disciplining for the most prompt and active service the portions most capable of it, will give to that great resource for the public safety all the requisite energy and efficiency. The moneys received into the treasury during the nine months ending on the 30th day of June last, amounted to thirty-two millions of dollars, of which near eleven millions were the proceeds of the public revenue, and the remainder derived from loans. The disbursements for public expendi- tures during the same period exceeded thirty-four millions of dollars, and left in the treasury, on the first day of July, near five millions of dollars. The demands during the remainder of the present year, already authorized by Congress, and the expenses incident to an extension of the operations of the war, will render it necessary that large sums should be provided to meet them. From this view of the national affairs, Congress will be urged to take up, without delay, as well the subject of pecuniary supplies as that of military force, and on a scale commensurate with the extent and character which the war has assumed. It is not to be disguised that the situation of our country calls for its greatest efforts. Our enemy is powerful in men and money,, on the land and on the water. Availing himself of for- tuitous advantages, he is aiming with his undivided force a deadly blow to our growing prosperity, perhaps at our national existence. He has avowed his purpose of trampling on the usages of civilized warfare, and given earnests of it in the plunder and wanton destruction of private prop- erty. In his pride of maritime dominion, and in his thirst of commercial monopoly, he strikes with peculiar animosity at the progress of our navi- gation and our manufactures. His barbarous policy has not even spared those monuments of the arts and models of taste with which our country had enriched and embellished its infant metropolis. From such an ad- versary, hostility in its greatest force and worst forms may be looked for. The American people will face it with the undaunted spirit which in their revolutionary struggle defeated his unrighteous projects. - His threats, and his barbarities, instead of dismay, will kindle in every bosom an indigna- tion not to be extinguished but in the disaster and expulsion of such cruel invaders. In providing the means necessary, the national legislature will not distrust the heroic and enlightened patriotism of its constituents. They will cheerfully and proudly bear every burden of every kind which the safety and honor of the nation demand. We have seen them every- where paying their taxes, direct and indirect, with the greatest promptness and alacrity. We see them rushing with enthusiasm to the scenes where MADISON'S BANK MESSAGE. 323 danger and duty call. In offering their blood they gave the surest pledge that no other tribute will be withheld. Having forborne to declare war until to other aggressions had been added the capture of nearly a thousand American vessels, and the impress- ment of thousands of American seafaring citizens, and until a final declar- ation had been made by the government of Great Britain that her hostile orders against our commerce would not be revoked but on conditions as impossible as unjust, while it was known that these orders would not other- wise 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 jus- tice and reconciliation, our beloved country, in still opposing to his perse- vering 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 om- nipotent and kind Providence. BANK MESSAGE. JANUARY 30, 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 considera- tion 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 constrain- ed, by a deep and solemn conviction that the bill ought not to become a law, to return it to the senate, in which it originated, with my objections to the same. Waiving the question of the constitutional authority of the legislature to establish an incorporated bank, as being precluded in my judgment by repeated recognitions under varied circumstances, of the validity of sucn an institution in acts of the legislative, executive, and judicial branches of the government, accompanied by indications, in different modes, of a con- currence of the general will of the nation, the proposed bank does not ap- pear to be calculated to answer the purposes of reviving the public credit, of providing a national medium of circulation, and of aiding the treasury by facilitating the indispensable anticipations of the revenue, and by affording to the public more durable loans. 1 . The capital of the bank is to be compounded of specie, of public stock, and of the treasury-notes convertible into stock, with a certain pro- portion of each of which every subscriber is to furnish himself. The amount of the stock to be subscribed will not, it is believed, be sufficient to produce, in favor of the public credit, any considerable or lasting elevation of the market price, while 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 its account in procuring with some sacrifice on the part of its capital. 324 MADISON'S BANK MESSAGE. Nor will any adequate advantage arise to the public credit from the subscription of treasury-notes. The actual issue of these notes nearly equals at present, and will soon exceed, the amount to be subscribed to the bank. The direct effect of this operation is simply to convert fifteen millions of treasury-notes into fifteen millions of six per cent, stock, with the collateral effect of promoting an additional demand for treasury-notes beyond what might be otherwise 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 co-operation of the institution were secured to the government during the war, and during the period of its fiscal em- barrassments. But the bank proposed will be free from all legal obliga- tion to co-operate with the public measures, and whatever might be the patriotic disposition of its directors to contribute to the removal of those embarrassments, and to invigorate the prosecution of the war, fidelity to the pecuniary and general interest of the institution, according to their estimation of it, might oblige them to decline a connexion of their opera- tions with those of the national treasury, during the continuance of the war and the difficulties incident to it. Temporary sacrifices of interest, though overbalanced by the future and permanent profits of the charter, not being requirable of right in behalf of the public, might not be gratuitously made, and the bank would reap the full benefit of the grant while 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 evi- dent that the stock of the bank will, on the return of peace, if not soon- er, rise in the market to a value which, if the bank w-ere established in period of peace, would authorize and obtain for the public a bonus to a very large amount. In lieu of such a bonus, the government is fairly en- titled 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 du- ring the war to provide a circulating medium, nor to furnish loans or an- ticipations of the public revenue. Without a medium the taxes can not be collected, and in the absence of specie the medium understood to be the best substituted is that of notes issued by a national bank. The proposed bank will commence and conduct its operations under an obligation to pay its notes in specie, or to 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 ihe government. Under the fetters imposed by the bill it is- manifest, that during the actual state of things, and probably during the war, the period particularly requiring such a medium and such a resource for loans and advances to the goveniment, notes for which the bank would be com- pellable to give specie in exchange could not be kept in circulation. The tnost the bank could effect, and the most it would 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 MADISON'S SPECIAL MESSAGE. 325 enable it, by a flow of specie into its vaults and a removal of the exter- nal 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 the monopoly of the profits of a national bank for a period of twenty years ; that the monopolized profits will be continually growing with die 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, 1 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 contrary event the wisdom of Congress will hasten to substitute a more commensurate and certain provision for the public exigencies. , SPECIAL MESSAGE. FEBRUARY 20, 18lb. To the Senate and House of Representatives of the United States : I LAY before Congress copies of the treaty of peace and amity between the United States and his Britannic majesty, which was signed by the commissioners of both parties at Ghent, on the 24th of December, 1814, and the ratifications of which have been duly exchanged. While performing this act, I congratulate you and our constituents upon an event which is highly honorable to the nation, and terminates with pe- culiar felicity a campaign signalized by the most brilliant successes. The late war, although reluctantly declared by Congress, had become a necessary resort to assert the rights and independence of the nation. It has been waged with a success which is the natural result of the wis- dom of the legislative councils, of the patriotism of the people, of the public spirit of the militia, and of the valor of the military and naval forces of the country. Peace, at all times a blessing, is peculiarly welcome therefore at a period when the causes for the war have ceased to operate ; when the government has demonstrated the efficiency of its powers of de- fence ; and when the nation can review its conduct without regret and without reproach. 326 MADISON'S SPECIAL MESSAGE. I recommend to your care and beneficence the gallant men whose achievements in every department of the military service, on the land and on the water, have so essentially contributed to the honor of the Ameri- can name, and to the restoration of peace. The feelings of conscious patriotism and worth will animate such men under every change of for- tune and pursuit, but their country performs a duty to itself when it be- stows 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 prepa- ration 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 es- tablishment ; for improving all the means of harbor defence ; for adding discipline to the distinguished bravery of the militia ; and for cultivating the military art in its essential branches, under the liberal patronage of government. The resources of our country were at all times competent to the attain- ment of every national object, but they will now be enriched and invigo- rated by the activity which peace will introduce into all the means of domestic enterprise and labor. The provision that has been made for the public creditors during the present session of Congress must have a de- cisive effect in the establishment of the public credit both at home and abroad. The reviving interests of commerce will claim the legislative attention at the earliest opportunity, and such regulations will, I trust, be seasonably devised as shall secure to the United States their just propor- tion of the navigation of the world. The most liberal policy toward other nations, if met by corresponding dispositions, will in this respect be found the most beneficial policy toward ourselves. But there is no subject that can enter with greater force and merit into the deliberations of Congress, than a consideration of the means to preserve and promote the manufac- tures which have sprung into existence, and attained an unparalleled ma- turity throughout the United States during the period of the European wars. This source of national independence and wealth I anxiously recommend, therefore, to the prompt and constant guardianship of Con- gress. The termination of the legislative sessions will soon separate you, fel- low-citizens, from each other, and restore you to your constituents. I pray you to bear with you the expressions of my sanguine hope that the peace which has been just declared will not only be the foundation of the most friendly intercourse between the United States and Great Britain, but that it will also be productive of happiness and harmony in every sec- tion of our beloved country. The influence of your precepts and exam- ple must be everywhere powerful ; and while we accord in grateful ac- knowledgments for the protection which Providence has bestowed upon MADISON'S SPECIAL MESSAGES. 327 us, let us never cease to inculcate obedience to the laws and fidelity to the Union as constituting the palladium of the national independence and prosperity. SPECIAL-MESSAGE. 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 the periods of war in Europe might tend to interrupt it ; and it is believed, in particular, that the navigation of American vessels exclusively by American seamen, either natives or such as are already naturalized, would not only conduce to the attainment of that object, but also to in- crease the number of our seamen, and consequently to render our com- merce and navigation independent of the service of foreigners, who might be recalled by their governments under circumstances the most inconve- nient to the United States. I recommend the subject, therefore, to the consideration of Congress, and in deciding upon it I am persuaded that they will sufficiently estimate the policy of manifesting to the world a desire on all occasions to cultivate harmony with other nations, by any reasonable accommodations which do not impair the enjoyment of any of the essential rights of a free and independent people. The example on the part of the American government will merit, and may be expected to receive, a reciprocal attention from all the friendly powers of Europe. CONFIDENTIAL MESSAGE. FEBRUARY 23, 1815. To the Senate and House of Representatives of the United States : CONGRESS will have seen by the communication from the consul-general of the United States at Algiers, laid before them on the 17th of Novem- ber, 1812, the hostile proceedings of the dey against that functionary. These have been followed by acts of more overt and direct warfare against the citizens of the United States trading in the Mediterranean, some of whom are still detained in captivity, notwithstanding the attempts which have been made to ransom them, and are treated with the rigor usual on the coast of Barbary. The considerations which rendered it unnecessary and unimportant to commence hostile operations on the part of the United States being now terminated by the peace with Great Britain, which opens the prospect of an active and valuable trade of their citizens with'in the range of the Al- geririe cruisers, I recommend to Congress the expediency of an act de- claring the existence of a state of war between the United States and the dey and regency of Algiers, and of such provisions as may be requisite for a vigorous prosecution of it to a successful issue. 328 MADISON'S SEVENTH ANNUAL MESSAGE. SEVENTH ANNUAL MESSAGE. DECEMBER 5, 1815. Fellow-Citizens of the Senate and House of Representatives : I HAVE the satisfaction, on our present meeting, of being able to commu- nicate to you the successful termination of the war which had been com- menced against the United States by the regency of Algiers. The squad- ron in advance on that service, under Commodore Decatur, lost not a moment after its arrival in the Mediterranean in seeking the naval force of the enemy then cruising in that sea, and succeeded in capturing two of his ships,,one of them the principal ship commanded by the Algerine admiral. The high character of the American commander was brilliantly sustained on the occasion which brought his own ship into close action with that of his adversary, as was the accustomed gallantry of all the officers and men actually engaged. Having prepared the way by this demonstration of American skill and prowess, he hastened to the port of Algiers, where peace was promptly yielded to his victorious force. In the terms stipulated, the rights and honor of the United States were par- ticularly 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 trans- actions with the regency of Tunis and Tripoli, by the appearance of the larger force which followed under Commodore Bainbridge, the chief in command of the expedition, and by the judicious precautionary ar- rangements left by him in that quarter, afford reasonable prospect of future security for the valuable portion of our commerce which passes within (he reach of the Barbary cruisers. It is another source of satisfaction, that the treaty of peace with Great Britain has been succeeded by a convention on the subject of commerce concluded by the plenipotentiaries of the two countries. In this result a disposition is manifested on the part of that nation corresponding with the disposition of the United States, which it may be hoped will be improved into liberal arrangements on other subjects on which the parties have mu- tual interests, or which might endanger their future harmony. Congress will decide on the expediency of promoting such a sequel by giving effect to the measure of confining the American navigation to American seamen a measure which, at the same time that it might have that conciliatory tendency, would have the further advantage of increasing the independ- ence of our navigation, and the resources of our maritime defence. In conformity with the articles of the treaty of Ghent, relating to the Indians, as well as with a view to the tranquillity of our western and northwestern frontiers, measures -were taken to establish an immediate peace with the several tribes who had been engaged in hostilities against the United States. Such of them as were invited to Detroit acceded readily to a renewal of the former treaties of friendship. Of the other tribes whq were invited to a station on the Mississippi, the greater number have also accepted the peace offered to them. The residue, consisting of the more distant tribes or parts of tribes, remain to be brought over by further ex- planations, or by such other means as may be adapted to the dispositions they may finally disclose. The Indian tribes within, and bordering on, our southern frontier, whom MADISON'S SEVENTH ANNUAL MESSAGE. 329 a cruel war on their part had compelled us to chastise into peace, have lat- terly shown a restlessness which has called for preparatory measures for repressing it, and for protecting the commissioners engaged in carrying the terms of the peace into execution. The execution of the act for fixing the military peace establishment has been attended with difficulties which even now can only be overcome by legislative aid. The selection of officers ; the payment and discharge of the troops enlisted for the war ; the payment of the retained troops, and their reunion from detached and distant stations ; the collection and security of the public property, in the quartermaster, commissary, and ordnance departments ; and the constant medical assistance required in hospitals and garrisons, rendered a complete execution of the act imprac- ticable on the first of May, the period more immediately contemplated. As soon, however, as circumstances would permit, and as far as it has been practicable consistently with the public interests, the reduction of the army has been accomplished ; but the appropriations for its pay, and for other branches of the military service, having proved inadequate, the earliest attention to that subject will be necessary ; and the expediency of continuing upon the peace establishment the staff officers who have hitherto been provisionally retained is also recommended to the consider- ation 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 effi- cient military peace establishment did not afford an opportunity to distin- guish 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 mer- itorious 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 interests upon the legislative authority, for such provision as shall be deemed the best calculated to give support and solace to the vet- eran and invalid, to display the beneficence, as well as the justice of the government, and to inspire a martial zeal for the public service upon every future emergency. Although the embarrassments arising from the want of a 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 estimated at twelve millions and a half of dollars ; the issues of treasury-notes of every denomination during the same period amounted to the sum of fourteen millions of dollars ; and there was also obtained upon loan during the ^ame period, a sum of nine millions of dollars, of which the sum of six millions of dollars was subscribed in cash, and the sum of three millions of dollars in treasury-notes. With these means added to the sum of one million and a half of dollars, being the balance of money in the treasury on the first of January, there has been paid between the 1st of January and 330 MADISON'S SEVENTH ANNUAL MESSAGE. the 1st of October, 01. account of the appropriations of the preceding and of the present year (exclusively of the amount of the treasury-notes sub- scribed to the loan, and the amount redeemed in the payment of duties and taxes), the aggregate sum of thirty-three millions and a half of dollars, leaving a balance then in the treasury estimated at the sum of three millions of dollars. Independent, however, of the arrearages due for military services and supplies, it is presumed that a further sum of five millions of dollars, including the interest on the public debt payable on the first of January next, will be demanded at the treasury to complete the expenditures of the present year, and for which the existing ways and means will sufficiently provide. The national debt, as it was ascertained on the first of October last, amounted in the whole to the sum of one hundred and twenty millions of dollars, consisting of the unredeemed balance of the debt contracted before the late war (thirty-nine millions of dollars), the amount of the funded debt contracted in consequence of the war (sixty-four millions of dollars), and the amount of the unfunded floating debt (including the various issues of treasury-notes), seventeen millions of dollars, 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 con- ciliatory 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 recollect- ed that the public expenditures, not being exclusively bestowed upon sub- jects of a transient nature, will long be visible in the number and equip- ments of the American navy, in the military works for the defence of our harbors and our frontiers, and 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 arrangement of the finances with a view to the receipts and expen- ditures 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 a uniform national currency should be restored to the community. The absence of the precious metals will, it is believed, be a temporary evil, but until they can again be rendered the general medium of exchange, it devolves on the wisdom of Congress to provide a substitute which shall equally engage the confidence and 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 effectual, it may be 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 MADISON'S SEVENTH ANNUAL MESSAGE. 331 ought to find in their love of peace, and their constant respect for the rights of other nations, the character of the times particularly inculcates the lesson that, whether to prevent or repel danger, we ought not to be unprepared for it. This consideration will sufficiently recommend to Con- gress a liberal provision for the immediate extension and gradual comple- tion of the works of defence, both fixed and floating, on our maritime fron- tier, and an adequate provision for guarding our inland frontier against dangers to which certain portions of it may continue to be exposed. As an improvement iii our military establishment, it will deserve the consideration of Congress whether a corps of invalids might not be so organized and employed as at once to aid in the support of meritorious individuals excluded by age or infirmities from the existing establishment, and to preserve to the public the benefit of their stationary services and of their exemplary discipline. I recommend, also, an enlargement of the military academy already established, and the establishment of others in other sections of the Union. And I can not press too much on the attention of Congress such a classification and organization of the militia as will most effectually render it the safeguard of a free state. If experi- ence has shown in the recent slpendid achievements of militia the value of this resource for the public defence, it has shown also the importance of that skill in the use of arms and that familiarity with the essential rules of discipline which can not be expected from the regulations now in force. With this subject is intimately connected the necessity of accommodating the laws, in every respect, to the great object of enabling the political authority of the Union to employ promptly and effectually the physical power of the Union in the cases designated by the constitution. The signal services which have been rendered by our navy, and the capacities it has developed for successful co-operation in the national defence, will give to that portion of the public force its full value in the eyes of Congress, at an epoch which calls for the constant vigilance of all governments. To preserve the ships now in a sound state, to com- plete those already contemplated, to provide amply the imperishable materials for prompt augmentations, and to improve the existing ar- rangements into more advantageous establishments for the construction, the repairs, and the security of vessels-of-war, is dictated by the soundest policy. In adjusting the duties on imports to the object of revenue, the influ- ence of the tariff on manufactures will necessarily present itself for con- sideration. However wise the theory may be which leaves to the saga- city and interest of individuals the application of their industry and lesources, there are in this, as in other cases, exceptions to the general idle. Besides the condition which the theory itself implies of a recipro- cal adoption by other nations, experience teaches that so many circum- stances must occur in introducing and maturing manufacturing estab- lishments, 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. Un- der 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 en- terprising 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 select- 332 MADISON'S SEVENTH ANNUAL MESSAGE. ing the branches more especially entitled to the public patronage, a prefer- ence is obviously claimed by such as will relieve the United States from a dependence on foreign supplies, ever subject to casual failures, for arti- cles necessary for the public defence, or connected with the primary wants of individuals. It will be an additional recommendation of par- ticular manufactures, where the materials for them are extensively drawn from our agriculture, and consequently impart and insure to that great fund of national prosperity and independence an encouragement which can not fail to be rewarded. Among the means of advancing the public interest, the occasion is a proper one for recalling the attention of Congress to the great importance of establishing throughout our country the roads and canals which can best be executed under the national authority. No objects within the cir- cle of political economy so richly repay the expense bestowed upon them ; there are none, the utility of which is more universally ascertained and acknowledged ; none that do more honor to the government whose wise and enlarged patriotism' duly appreciates them. Nor is there any country which presents a tield where nature invites more the art of man to com- plete her own work for his accommodation and benefit. These consider- ations are strengthened, moreover, by the political effect of these facili- ties for intercommunication in bringing and binding more closely together the various parts of our extended confederacy. While the states individ- ually, with a laudable enterprise and emulation, avail themselves of their local advantages by new roads, by navigable canals, and by improving the streams susceptible of navigation, the general government is the more urged to similar undertakings, requiring a national jurisdiction and nation- al means, by the prospect of thus systematically completing so inestima- ble a work. And it^is a happy reflection, that any defect of constitu- tional authority which may be encountered can be supplied in a mode which the constitution itself has providently pointed out. The present is a favorable season also for bringing again into view the establishment of a national seminary of learning within the District of Columbia, and with means drawn from the property therein, subject to the authority of the general government. Such an institution claims the patronage of Congress as a monument of their solicitude for the ad- vancement of knowledge without which the blessings of liberty can not be fully enjoyed or long preserved ; as a model instructive in the forma- tion of other seminaries ; as a nursery of enlightened preceptors ; as a central resort of youth and genius from every part of their country, dif- fusing on their return examples of those national feelings, those liberal sentiments, and those congenial manners, which contribute cement to our union, and strength to the political fabric of which that is the foundation. In closing this communication I ought not to repress a sensibility, in which you will unite, to the happy lot of our country, and to the goodness of a superintending Providence to which we are indebted for it. While other portions of mankind are laboring under the distresses of war, or struggling with adversity in other forms, the United States are in the tran- quil 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, tun! of the reputation acquired by the American arms on the land and on MADISON'S EIGHTH ANNUAL MESSAGE. 333 the water, the nation finds itself possessed of a growing respect abroad, and of a just confidence in itself, which are among the best- pledges for its peaceful career. Under other aspects of our country, the strongest features of its flourishing condition are seen in a population rapidly in- creasing on a territory as productive as it is extensive ; in a general in- dustry and fertile ingenuity which find their ample rewards ; and in an affluent revenue which admits a reduction of the public burdens without withdrawing the means of sustaining the public credit, of gradually dis- charging the public debt, of providing for the necessary defensive and precautionary establishments, and of patronizing, in every authorized mode, undertakings conducive to the aggregate wealth and individual comfort of our citizens. It remains for the guardians of the public welfare to persevere in that justice and good will toward other nations which invite a return of these sentiments toward the United States ; to cherish institutions which guar- anty their safety and liberties civil and religious ; and to combine with a liberal system of foreign commerce an improvement of the natural advan- tages, and a protection and extension of the independent resources, of our highly-favored and happy country. In all measures having such objects, my faithful co-operation will be afforded. EIGHTH ANNUAL MESSAGE DECEMBER 3, 1816. Fellow- Citizens of the Senate and House of Representatives : IN reviewing the present state of our country, our attention can not be withheld from the effect produced from peculiar seasons which have very generally impaired the annual gifts of the earth and threaten scarcity in particular districts. Such, however, is the variety of soils, of climates, and of products, within our extensive limits that the aggregate resources of 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 compen- sation, in the remarkable health which has distinguished the present year. Amid the advantages which have succeeded the peace of Europe, and that of the United States with Great Britain, in a general invigoration of industry among us, and in the extension of our commerce, the value of which is more and more disclosing itself to commercial nations, it is to be regretted that a depression is experienced by particular branches of our manufactures, and by a portion of our navigation. As the first pro- ceeds in an essential degree from an excess of imported merchandise, which carries a check in its own tendency, the cause in its present extent can not be of very long duration. The evil will not, however, be viewed by Congress without a recollection that manufacturing establishments, if Buffered 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 334 MADISON'S EIOHTH ANNUAL MESSAGE. 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 coun- tries, growing out of the treaty of 1794, had given to the British naviga- tion a material advantage over the American in the intercourse between the American ports and British ports in Europe. The convention of London equalized the laws of the two countries relating to those ports, leaving the intercourse between our ports and the ports of the British col- onies subject as before to the respective regulations of the parties. The British government, enforcing new regulations which prohibit a trade be- tween its colonies and the United States in American vessels, while they permit a trade in British vessels the American navigation suffers accord- ingly, 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 appli- cable to both branches ; but it is ascertained that the British cabinet de- clines all negotiation on the subject, with a disavowal, however, of any disposition to view in an unfriendly light whatever countervailing regula- tions the United States may oppose to the regulations of which they com- plain. The wisdom of the legislature will decide on the course which, under these circumstances, is prescribed by a joint regard to the amicable relations between the two nations, and to the just interests of the United States. I have the satisfaction to state, generally, that we remain in amity with foreign powers. An occurrence has indeed taken place in the gulf of Mexico, which, if sanctioned by the Spanish government, may make an exception as to that power. According to the report of our naval commander on that station, one of our public armed vessels was attacked by an overpowering force, under a Spanish commander, and the American flag, with the officers and crew, insulted in a manner calling for prompt reparation. This has been demanded. In the meantime, a frigate and a smaller vessel-of-war have been ordered into that gulf for the protection of our commerce. It would be improper to omit that the representative of his catholic majesty in the United States lost no time in giving the strongest assurances that no hos- tile order could have emanated from his government, and that it will be as ready to do, as to expect, whatever the nature of the case and the friendly relations of the two countries shall be found to require. The posture of our affairs with Algiers, at the present moment, is not known. The dey, drawing pretexts from circumstances for which the United States were not answerable, addressed a letter to this government, declaring the treaty last concluded with him to have been annulled by our violation of it, and presenting, as the alternative, war or a renewal of our 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 MADISON'S EIGHTH ANNUAL MESSAGE. 335 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 purchases, the benevolent policy of the United States preferring the augmented ex- pense to the hazard of doing injustice, or to the enforcement of justice against a feeble and untutored people by means involving or threatening an effusion of blood. I am happy to add that the tranquillity which has been restored among the tribes themselves, as well as between them and our own population, will favor the resumption of the work of civilization which had made an encouraging progress among some tribes, and that the facil- ity is increasing for extending that divided and individual ownership, which exists now in moveable property only, to the soil itself; and of thus establishing, in the culture and improvement of it, the true foundation for a transit from the habits of the savage to the arts and comforts of social life. As a subject of the highest importance to the national welfare, I must again earnestly recommend to the consideration of Congress a reorganization of the militia, on a plan which will form it into classes according to the periods of life more or less adapted to military servi- ce's. An efficient militia is authorized and contemplated by the constitu- tion, and required by the spirit and safety of free government. The pres- ent .organization of our militia is universally regarded as less efficient than it ought to be made, and no organization can be better calculated to give to it its due force, than a classification which will assign the foremost place in the defence of the country to that portion of its citizens whose activity and animation best enable them to rally to its standard. Besides the consideration that a time of peace is the time when the change can be made with the most convenience and equity, it will now be aided by the experience of a recent war, in which the militia bore so interesting a part. Congress will call to mind that no adequate provision has yet been made for the uniformity of weights and measures also contemplated by the con- stitution. The great utility of a standard lixed in its nature, and founded on the easy rule of decimal proportions, is sufficiently obvious. It led the government at an early stage to preparatory steps for introducing it, and a completion of the work will be a just title to the public gratitude. The importance which I have attached to the establishment of a univer- sity within this district, on a scale and for objects worthy of the American nation, induces me to renew my recommendation of it to the favorable con- sideration of Congress. And I particularly invite again their attention to the expediency of exercising their existing powers, and where necessary, of resorting to the prescribed mode of enlarging them, in order to effectu- ate a comprehensive system of roads and canals, such as will have the effect of drawing more closely together every part of our country by pro- moting intercourse and improvements, and by increasing the share of every part in the common stock of national prosperity. Occurrences have taken place which show that the statutory provisions for the dispensation of criminal justice are deficient in relation both to places and to persons, under the exclusive cognizance of the national 336 MADISON'S EIGHTH ANNUAL MESSAGE. authority, an amendment of the law embracing such cases will men* the earliest attention of the legislature. It will be a seasonable occasion, also, for inquiring how far legislative interposition may be further requisite in providing penalties for offences designated in the constitution or in the statutes, and to which either no penalties are annexed or none with suffi- cient 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 experiments and examples which justify and recommend a more lenient policy. The United States having been the first to abolish, within the extent of their authority, the transportation of the natives of Africa into slavery, by prohibiting the introduction of slaves and by punishing their citizens par- ticipating in the traffic, can not but be gratified at the progress made by concurrent efforts of other nations toward a general suppression of so great an evil. They must feel at the same time the greater solicitude to give the fullest efficacy to their own regulations. With that view, the interpo- sition 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 loreign ports, and by collusive importations of slaves into the United States through adjoining ports and territories. I present the subject to Congress with a full assurance of their disposition to apply all the remedy which can be afforded by an amendment of the law. The regulations which were intended to guard against abuses of a kindred character in the trade between the several states ought also to be rendered more effectual for their humane object. To these recommendations I add, for the consideration of Congress, the expediency of a remodification of the judiciary establishment, and of an additional department in the executive branch of the government. The first is called for by the accruing business which necessarily swells the duties of the federal courts, and by the great and widening space within which justice is to be dispensed by them. The time seems to have arrived which claims for members of the supreme court a relief from itinerary fatigues, incompatible as well with the age which a portion of them will always have attained, as with the researches and preparations which are due to their stations and to the juridical reputation of their country. And considerations equally cogent require a more convenient organization of the subordinate tribunals, which may be accomplished without an objec- tionable increase of the number or expense of the judges. The extent and variety of executive business also accumulating with the progress of our country and its growing population, call for an additional department, to be charged with duties now overburdening other depart- ments, and with such as have not been annexed to any department. The course of experience recommends, as another improvement in the executive establishment, that the provision for the station of attorney- general, whose residence at the seat of government, official connexions with it, and management of the public business before the judiciary, pre- clude an extensive participation in professional emoluments, be made more adequate to his services and his relinquishments ; and that, with a view to his reasonable accommodation and to a proper depository of his official opinions and proceedings, there be included in the provision the usual appurtenances to a public office. In directing the legislative attention to the state of the finances, it is a MADISON'S EIGHTH ANNUAL MESSAGE. 337 subject of great gratification to find that even within the short period which has elapsed since the return of peace, the revenue has far exceeded all the current demands upon the treasury, and that under any probable diminu- tion of its future annual products which the vicissitudes of commerce may occasion, it will afford an ample fund for the effectual and early extinguish- ment of the public debt. It has been estimated that, during the year 1816, the actual receipts of revenue at the treasury, including the balance at the commencement of the year, and excluding the proceeds of loans and treasury-notes, will amount to about the sum of forty-seven millions of dollars ; that during the same year the actual payments at the treasury, including the payment of the arrearages of the war department as well as the payment of a considerable excess beyond the annual appropriations, will amount to about the sum of thirty-eight millions of dollars ; and that consequently, at the close of the year, there will be a surplus in the treasu- ry of about the sum of nine millions of dollars. The operations of the treasury continue to be obstructed by difficulties arising from the condition of the national currency ; but they have never- theless been effectual to a beneficial extent in the reduction of the public debt and the establishment of the public credit. The floating debt of the treasury-notes and temporary loans will soon be entirely discharged. The aggregate of the funded debt, composed of debts incurred during the wars- of 1776 and of 1812, has been estimated with reference to the 1st of January next, at a sum not exceeding one hundred and ten millions of dollars The ordinary annual expenses of the government for the maintenance oi all its institutions, civil, military, and naval, have been estimated at a sum less than twenty millions of dollars. And the permanent revenue to be derived from all the existing sources has been estimated at a sum of abou' twenty-five millions of dollars. Upon this general view of the subject, it is obvious that there is only wanting to the fiscal prosperity of the government the restoration of a uniform medium of exchange. The resources and the faith of the nation displayed in the system which Congress has established, insure respect and confidence at home and abroad. The local accumulations of the rev- enue have already enabled the treasury to meet the public engagements in the local currency of most of the states, and it is expected that the same cause will produce the same effect throughout the Union. But for the in- terests of the community at large, as well as for the purposes of the treas- ury, it is essential that the nation should possess a currency of equal value, credit, and use, wherever it may circulate. The constitution has intrust- ed Congress exclusively with the power of creating and regulating a cur- rency of that description, and the measures which were taken during the last session, in execution of the power, give every promise of success. The bank of the United States has been organized under auspices the most favorable, and can not fail to be an important auxiliary to those measures. For a more enlarged view of the public finances, with a view of the measures pursued by the treasury department previous to the resignation of the late secretary, I transmit an extract from the last report of that officer. Congress will perceive in it ample proofs of the solid founda- tion on which the financial prosperity of the nation rests, and will do jus- tice to the distinguished ability and successful exertions with which the duties of the department were executed during a period remarkable for its difficulties and its peculiar perplexities. The period of my retiring from the public service being at a little dis- VOL. 1. aa 338 MADISON'S EIGHTH ANNUAL MESSAGE. tance, I shall find no occasion more proper than the present for expres- sing to my fellow-citizens my deep sense of the continued confidence and kind support which I have received from them. My grateful recollection of these distinguished marks of their favorable regard can never cease, and with the consciousness that, if I have not served my country with greater ability, I have served it with a sincere devotion, will accompany me as a source of unfailing gratification. Happily I shall carry with me from the public theatre other sources, which those who love their country most will best appreciate. I shall be- hold it blessed with tranquillity and prosperity at home, and with peace and respect abroad. I can indulge the proud reflection that the American people have reached, in safety and success, their fortieth year as an independent nation ; that for nearly an entire generation they have had experience of their present constitution, the offspring of their undisturbed deliberations and of their free choice ; that they have found it to bear the trials of ad- verse as well as prosperous circumstances ; to contain in its combination of the federate and elective principles, a reconcilement of public strength with individual liberty, of national power for the defence of national rights with a security against wars of injustice, of ambition, and of vain glory, in the fundamental provision which subjects all questions of war to the will of the nation itself, which is to pay its costs and feel its calamities. Nor is it less a peculiar felicity of this constitution, so dear to us all, that it is found to be capable, without, losing its vital energies, of expanding it- self over a spacious territory with the increase and expansion of the com- munity for whose benefit it was established. And may I not be allowed to add to this gratifying spectacle, that I shall read in the character of the American people, in their devotion to true liberty and to the constitution which is its palladium, sure presages that the destined career of my country will exhibit a government pursu- ing the public good as its sole object, and regulating its means by the great principles consecrated by its charter and by those moral principles to which they are so well allied : a government which watches over the purity of elections, the freedom of speech and of the press, the trial by jury, and the equal interdict against the encroachments and compacts be- tween religion and state ; which maintains inviolable the maxims of pub- lic faith, the security of persons and property, and encourages, in every authorized mode, that general diffusion of knowledge which guaranties to public liberty its permanency, and to those who possess the blessing the true enjoyment of it : a government which avoids intrusion on the in- ternal 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, while it refines its domestic code from every ingredient not congenial with the precepts of an enlight- ened 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 circum- scribe the calamities of war, and meliorate the social and beneficent rela- tions of peace : a government, in a word, whose conduct, within and without, may bespeak the most noble of all ambitions that of promoting peace on earth and good will to man. These contemplations, sweetening the remnant of my days, will animate my prayers for the happiness of my beloved country, and a perpetuity of the institutions under which it is enjoyed. MADISON'S SPECIAL MESSAGES. 339 SPECIAL MESSAGE. APRIL 11, 1816. To the Senate and House of Representatives of the United States : WITH a view to the more convenient arrangement of the important and growing business connected with the grant of exclusive rights to inventors and authors, I recommend the establishment of a distinct office within the department of state, to be charged therewith, under a director, with a sal- ary adequate to his services, and with the privilege of franking communi- cations by mail from and to the office. I recommend, also, that further restraints be imposed on the issue of patents to wrongful claimants, and further guards provided against fraudulent exactions of fees by persons possessed of patents. SPECIAL MESSAGE. 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 en- emy, while in the military services of the United States, and for other purposes," having received a construction giving it a scope of great and uncertain extent, I thought it proper that proceedings relative to claims under that part of the act should be suspended, until Congress should have an opportunity of defining more precisely the cases contemplated by them. With that view, I now recommend the subject to their consideration. They will have an opportunity, at the same time, of considering how far other provisions of the act may be rendered more clear and precise in their import. SPECIAL MESSAGE. DECEMBER 26, 1816. To the Senate and House of Representatives of the United States : IT is found that the existing laws have not the efficacy necessary to prevent violations of the obligations of the United States as a nation at peace toward belligerent parties, and other unlawful acts on the high seas, by armed vessels equipped within the waters of the United States. With a view to maintain, more effectually, the respect due to the laws, to the character, and to the neutral and pacific relations of the United States, I recommend to the consideration of Congress the expediency of such further legislative provisions as may be requisite for detaining vessels actually equipped, or in a course of equipment with a warlike force, within the jurisdiction of the United States ; or, as the case may be, for obtaining from the owners or commanders of such vessels adequate securities against 340 MADISON'S SPECIAL MESSAGES. the abuse of their armaments, with the exceptions in such provisions proper for the cases of merchant vessels furnished with the defensive armaments usual on distant and dangerous expeditions, and of a private commerce in military stores permitted by our laws, and which the law of nations does not require the United States to prohibit. SPECIAL MESSAGE. FEBRUARY 3, 1817. To the Senate and House of Representatives of the United States : THE government of Great Britain, induced by the posture of the rela- tions with the United States, which succeeded the conclusion of the recent commercial convention, issued an order on the 17th day of August, 1815, discontinuing the discriminating duties payable in British ports on Ameri- can vessels and their cargoes. It was not until the 22d of December fol- lowing, that a corresponding discontinuance of discriminating duties on British vessels and their cargoes, in American ports, took effect, under the authority vested in the executive, by the act of March, 1816. During the period between those two dates there was, consequently, a failure of reci- procity, or equality, in the existing regulations of the two countries. 1 recommend to the consideration of Congress, the expediency of paying to the British government the amount of the duties remitted, during the pe- riod in question, to the 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 pre- vious to the 17th of August, 1815. SPECIAL MESSAGE. FEBRUARY 6, 1817. To the Senate and House of Representatives of the United States : ON comparing the fourth section of the act of Congress, passed March 31, 1814, providing for the indemnification of certain claimants of public lands in the Mississippi territory, with the article of agreement and cession between the United States and state of Georgia, bearing date April 30, 1802, it appears that the engagement entered into with the claimants in- terfere with the rights and interests secured to that state. I recommend to Congress, that provision be made by law for payments to the state of Georgia, equal to the amount of Mississippi stock which shall be paid into the treasury, until the stipulated sum of one million two hundred and fifty thousand dollars shall be completed. ADMINISTRATION OF MADISON, ON the fourth of March, 1809, James Madison was inaugurated as president of the United States. The oath of office was administered to him by Chief-Justice Marshall, in the capitol, at Washington in the pres- ence of the ex-president, Mr. Jefferson, who sat at his right hand, the members of the late cabinet, many members of Congress, foreign minis- ters, and a large concourse of citizens. He was dressed in a plain suit of black, and delivered his inaugural address in a manner at once modest and dignified. The tone and sentiment of the address elicited general approbation, and hopes were entertained by the nation, that the gloomy aspect of affairs might be changed by the measures of the new adminis- tration with regard to our foreign relations. These anticipations of the people were doomed to disappointment. Mr. Madison selected for his cabinet, Robert Smith, of Maryland, as secretary of state, William Eustis, of Massachusetts, secretary of war, Paul Hamilton, of South Carolina, secretary of the navy ; Mr. Gallatin was continued as secretary of the treasury, as was Cesar A. Rodney, of Dela- ware, attorney-general. The eleventh Congress met on the 22d of May, 1809, agreeably to a law passed by the previous Congress, in consequence of the critical state of the nation, and the apprehension of a war with Great Britain or France. The democratic ascendency in the house of representatives having been sustained at the recent elections, Joseph B. Varnum was re-elected speaker. At this session, the non-intercourse act with Great Britain and France, which had been substituted for the embargo, by the last Congress, was continued, with some modifications. No very material alterations were made in the law, nor was any other very important measure adopted at this extra session, which lasted only about five weeks, and was terminated on the 28th of June. Mr. Erskine, the Briiish minister at Washington, considering the non- intercourse law as placing Great Britain and France on an equality, made a communication to the government of the United States, in April, inform- ing it that he was authorized, by despatches received from his govern- 342 ADMINISTRATION OF MADISON. ment, to make reparation for the Chesapeake affair ; also that an envoy extraordina'ry would soon be sent to the United States to conclude a treaty on all questions between the two countries, and that the orders in council would be repealed as to the United States, on the president's renewing the intercourse between America and Great Britain. The pres- ident issued a proclamation to that effect, on the 19th of April, stating the withdrawal of the British orders on the 10th of June, when the commerce between the two countries would be renewed. But the British government refused to sanction the overture and arrangement made by their minister, who, they declared, had exceeded the authority of his in- structions ; and he admitted that he had done so, in a letter to his govern- ment, in which he says, that " nothing would have induced me to deviate, in any degree, from the orders I had received, but a thorough conviction that by so doing I should accomplish the object which his majesty had in view ; when by too strictly adhering to the letter of my instructions, I might lose the opportunity of promoting essentially his majesty's interests and wishes." The president thereupon issued a second proclamation, reciting the facts, and declaring the act of non-intercourse to be revived and in full effect. Mr. Erskine was soon after recalled, and another envoy ap- pointed in his stead. This transaction caused great irritation in the pub- lic mind and hostility toward England, among the American people, and a declaration of war at this time with England, would probably have been popular. Mr. Jackson, the British envoy who succeeded Mr. Erskine, arrived at Washington at the close of the year 1809. He was directed to state the reasons for a refusal by the British government to confirm the arrange- ment made Mr. Erskine, and was authorized to enter into negotiations for a commercial treaty. But far from displaying the mild and conciliatory spirit of his predecessor, he attempted to vindicate the honor of his own government by dealing in censures and criminations upon the government of the United States, in a style unusual in diplomatic correspondence. He insinuated that the president and secretary of state must have known that Mr. Erskine had deviated from his instructions, and transcended his pow- ers ; and after the secretary of state denied the charge, he repeated the in- sinuation, which was deemed highly improper and insulting to our govern- ment. The correspondence between Mr. Jackson and the secretary of state was continued in the same angry tone for several weeks, each party con- sidering himself harshly treated, and the president finally directed the sec- retary of state to receive no further communication from the British envoy. Mr. Jackson therefore left Washington, immediately on receiving notice to that effect, and took up his residence in New York. At the request of the president, communicated through the American minister in London, Mr. Jackson was recalled, but without being censured, or the offer of any ADMINISTRATION OF MADISON. 343 apology for his conduct. Nor did the British ministry think proper to send another envoy to the United States until some months had elapsed after the return of Mr. Jackson to England. Mr. Pinkney, the American minister to Great Britain, was continued at that court, but his efforts at negotiating proved unavailing, and early in 1811 he was instructed to return home. The British government, the same year appointed Mr. Foster minister to the United States, who effected a settlement of the affair of the Chesapeake frigate in Novem- ber, 1811, and remained at Washington until the declaration of war against Great Britain, in 1812. Congress again assembled on the 27th of November, 1809, and con- tinued in session until the 1st of May, 1810 but during this period of more than five months, few acts of general importance were passed ; among them were several respecting the public lands ; also laws re- specting the postoffice establishment and postroads, the territories, light- houses, compensation to ministers to foreign countries, consuls, &c. ; providing for taking the census in 1810; for payment of a portion of the public debt, by creating a new loan, &c. The non-intercourse with Great Britain and France was continued by a new act, and a joint resolution was adopted in relation to the controversy between the exec- utive and Francis James Jackson, the British envoy to the United States ; the language of whose official letters to Mr. Smith, the secretary of state, was declared to be highly indecorous and insolent, the conduct of the executive toward him approved, and Congress solemnly pledged to stand by the executive government, in its refusal to receive any further communication from said Jackson, and to call into action the whole force of the nation, if it should become necessary, to repel such insults, and to assert and maintain the rights, the honor, and interests of the United States. In the early part of the year 1810, the French decree of Ramlouillet was made known, and alleged by the emperor Napoleon to have been is- sued in retaliation of the non-intercourse act of the United States. AH American vessels which, since the 20th of March, 1808, had entered any French port, or the ports of any French colony, or of any coun- try occupied by the French, or which should thereafter enter, were de- clared forfeit, and were to be sold for the benefit of the national treasury of France. In addition to the numerous condemnations under this decree, the French privateers committed various depredations on American com- merce. By the new non-intercourse act already referred to, which was passed by Congress in May, 1810, it was provided, that if either Great Britain or France would repeal her obnoxious orders or decrees, and the other na- tion did not, within three months thereafter, repeal hers, that then inter- course should be renewed with the nation repealing her acts, while tow- 344 ADMINISTRATION OF MADISON. ard the other belligerent, the provisions of the non-intercourse act should operate and be in force. The French government were informed of the passage of this act, by General Armstrong, United States minister at Paris ; and the French min- ister for foreign affairs, the duke of Cadore, immediately addressed a note to General Armstrong, dated August, 1810, stating that "the Berlin and Milan decrees, issued by the emperor, were revoked, and would cease to have effect after the first of November following." He added that " his government had adopted this measure because the Congress of the United States had retraced its steps, and had engaged to oppose the belligerent (Great Britain) which refused to acknowledge the rights of neutrals. It being understood (or on condition) that the English shall revoke their or- ders in council, and renounce the new principles of blockade which they have wished to establish ; or that the United States shall cause their rights to be respected by the English." Although the language of the note of the duke of Cadore was some- what equivocal and indefinite, it was received by our government in good faith, and the president issued his proclamation on the first of November, 1810, declaring that the French decrees were in fact revoked, and that the non-intercourse law would be revived and in force as to Great Britain, unless her orders in council should be revoked in three months after that date. Subsequent events served to prove that the emperor of France did not intend to revoke his .decrees, in fact, unless Great Britain should also withdraw her orders affecting neutral commerce, or the United States should declare war against that nation. Indeed, after the first of No- vember, American vessels and their cargoes were seized and held for sequestration; and several months later, in March, 1811, the French emperor declared, that " the decrees of Berlin and Milan were the fundamental laws of his empire." A new envoy from France, who ar- rived in the United States about this time, gave official notice to the administration that no remuneration would be made for the property sequestered.* The president, in the meantime, urged on the British government a revo- cation of the orders in council, assuming that the French decrees were repealed. But the British government resisted the demand, on the ground that no sufficient evidence was furnished that the Berlin and Milan de- crees had actually been repealed, and they insisted that the president's proclamation, and the subsequent law of Congress, passed in March, 1811, interdicting all commercial intercouse with England, were partial and un- just. Thus the unfriendly feelings between the United States and Great Britain were continued and increased. The British government was tena- cious of the policy it had adopted relating to neutrals ; and pleaded that its interests rendered it peculiarly necessary to be pursued at that time. Bradford. ADMINISTRATION OF MADISON. 345 American vessels and their cargoes, therefore, continued to be seized by British cruisers, and condemned in their admiralty courts. During the third session of the llth Congress, from the 3d of Decem- ber, 1810, to the 3d of March, 181 1, the subject of our foreign relations attracted much attention. The president's course toward France, and his proclamation, were approved by Congress, and the non-intercourse act was revived against Great Britain. Certain parts of the former act had been repealed, so as to induce mercantile enterprise with Great Britain and dependencies, but now the goods imported from British dominions were made liable to seizure ; and bonds were required of the importers, to await a legal decision. The prices of British goods in the United States were then so high as to induce the merchants to take the risk of bonding the goods for the full amount of their invoice value. At the same session of Congress, the people of Louisiana were author- ized to form a constitution and state government, preparatory to being ad- mitted into the Union. The charter of the bank of the United States, which institution was in- corporated in 1791, expired, by limitation, on the 4th of March, 1811, and a bill having been introduced into Congress to renew the charter, was in- definitely postponed, in the house of representatives, on the 24th of Janu- ary, 181 1, by a vote of 65 to 64. In the senate, a similar bill was rejected by the casting vote of the vice-president, George Clinton, on the 5th of February, 1811 .the senate being equally divided on the question, 17 to 17. The provisions of the bill were said to have been, in a great meas- ure, conformable to the views of the secretary of the treasury, Mr. Gal- latin. Mr. Madison and his cabinet made further efforts to conciliate the favor, or to prevent the hostile measures, of the emperor of France. In Febru- ary, 1811, Joel Barlow was appointed minister to France, with instruc- tions and full powers to negotiate a treaty of commerce with that govern- ment. Mr. Barlow was received with favor by the ministers of Napole- on, and they intimated a desire to form a treaty with the United States. But the policy of the emperor was to exclude British manufactures from the continent of Europe ; in accomplishing which, he believed, the com- merce of the United States must be restricted, or be under his control. Nothing, therefore, was effected by Mr. Barlow, with regard to a settle- ment of our difficulties with France. The course of the administration with regard to the belligerent powers, England and France, was much censured by the opposition party. A dis- tinguished senator of that party, from Connecticut, remarked, that " the path for the administration to pursue was as plain as a turnpike the two belligerent nations should have been treated with strict impartiality ; an em- bargo laid for a short and limited period ; permission to merchants to arm their vessels, and such measures of defence, both on the land and on the 346 ADMINISTRATION OF MADISON. ocean, as the state of the country afforded, and as would, in a great measure prove efficient for the purposes of commercial protection ; and the mani- festation of a proper spirit to maintain the rights of the nation." The sys- tem of gunboats merely for the harbors and coasts of the United States. were declared by him, and in this opinion a great portion of the citizens of the Atlantic states agreed with him, to be but an apology for a proper naval force. This protracted period of commercial interruptions and restrictions was attended, as might have been anticipated, by a great reduction in the trade and revenue of the United States. The exports were much reduced in 1808, 1809, and 1810; and the imports suffered corresponding depres- sion ; so that it became necessary to resort to loans to meet the demands on the public treasury. The American minister, Mr. Barlow, long remained at the court of France ; expostulating with its ministers, for unfriendly and injurious acts toward the United States ; and importuning for justice, and for some proofs of really amicable intentions in favor of the American government. But no direct and satisfactory answer was given to these repeated appli- cations of the American envoy. After several months of delay on the subject, the emperor was pleased to decree, that " so long as the British orders in council were unrepealed, and the principles of the treaty of Utrecht (1713) with respect to neutrals were in operation, his edicts of Berlin and Milan must remain in force, as to those nations which should suffer their flag to be denationalized." This was at once decisive as to the policy and views of the emperor, and as to the designed inoperativeness of the alleged repeal of those decrees, as stated and promised in August, 1810. And when the British government was urged a second time to withdraw their orders in council, on the plea, by the American minister, that the French edicts were repealed, they declared, that " whenever those edicts were absolutely and unconditionally repealed by an authentic act of the French government, publicly promulgated, their orders would be re- voked."* The congressional elections in 1810-'! 1, proved that the policy of Mr. Madison's administration was sustained by a large majority of the Ameri- can people ; the preponderance of the democratic party being kept up in both branches of Congress. The twelfth Congress assembled on the 4th of November, 1811, when Henry Clay, of Kentucky, an ardent supporter of the administration, was elected speaker of the house of representatives ; it being the first time in which he had taken his seat in that body. He had previously been a member of the United States senate, at two short sessions, when he had acquired considerable reputation as a ready and eloquent debater, and exhibited some, of those traits of character which have since distinguished him in the annals of the country, as a statesman. Bradford. ADMINISTRATION OF MADISON. 347 The presence of Mr. Clay as speaker, and of Messrs. Calhoun, Cheves, and Lowndes, of South Carolina, with other active and spirited members of the house of representatives, aided by William II. Crawford, of Geor- gia, and a few others in the senate, infused new vigor into the ranks of the supporters of the administration. It was soon determined that inac- tivity and indecision should no longer be the policy of the democratic party. For several years, including the latter part of Jefferson's adminis- tration, war with England had been contemplated by the executive gov- ernment of the United States, as a probable event ; but we have already seen Mr. Jefferson carefully avoided war measures, and Mr. Madison en- deavored to pursue a similar course. The non-intercourse laws and other restrictive measures, it was perceived, were becoming unpopular with the people, a great portion of whom were desirous that this policy should be changed. It was believed by the new leaders of the democratic party in Congress, that efficient measures were now demanded by the people, and that a war with Great Britain would be popular, particularly with the party which sustained the administration. The first efforts of the members of Congress favorable to a declaration of war with Great Britain, were directed to measures preparatory to the expected contest with that powerful nation. The effects of the policy which had been pursued by Mr. Jefferson, in reducing the army and navy, were now severely felt. For several years preceding this period, the mil- itary peace establishment had stood at only about 3,000 men, and the navy consisted at this time of only twenty vessels ten frigates, and ten sloops- of-war and smaller vessels. The gunboats which had been built in dif- ferent parts of the United States, about one hundred and fifty in number, were only calculated for harbor defence. The policy of the administration respecting a standing army and a navy, was now changed, principally through the advice and influence of Mr. Clay, Mr. Calhoun, and Mr. Lowndes, notwithstanding they met with opposition from many of their democratic associates. Bills were passed for augmenting the army, by providing for the enlistment of twenty thou- sand men ; also authorizing the president of the United States to accept of the services of volunteers to the number of fifty thousand men ; and providing for the more complete organization of the army ; authorizing the president to cause the frigates in ordinary to be repaired, equipped, and put into actual service ; and appropriations were made for the purchase of timber and other materials for building additional frigates. The presi- dent was also authorized to require of the executives of the several states and territories, the organizing, arming, and equipment of their respective proportions of one hundred thousand militia, and to hold them in readiness to march at a moment's warning ; and one million of dollars was appro- priated toward defraying the expense of carrying the act into effect. President Madison was, with much difficulty, brought to acquiesce in 348 ADMINISTRATION OF MADISON. warlike measures of a decisive character. He still hoped that war might be avoided, either by negotiation, or a continuance of restrictive meas- ures on commerce with Great Britain. But he was soon made to under- stand that a more decided and energetic action on the part of the national government, was determined on, by the ardent democrats whose influence now predominated in Congress. The first presidential term of Mr. Mad- ison was drawing to a close, and the nomination of candidates for presi- dent and vice-president, to be supported by the democratic party at the approaching election, was to be made, by a caucus of members of the Congress then in session. The leading republicans of the state of New York who were dissatisfied with Mr. Madison's course, had it then in con- templation to nominate for the presidency, De Witt Clinton, who was then lieutenant-governor of that state, mayor of the city of New York, and high in the confidence of the party. His pretensions were sustained by Gideon Granger, the postmaster-general, and other influential democrats. In this state of things, Mr. Madison was waited upon by geveral of the leading republican members of Congress, and informed, in substance, that war with England was now resolved upon by the democratic party, the supporters of his administration ; that the people would no longer consent to a dilatory and inefficient course, on the part of the national govern- ment ; that unless a declaration of war took place previous to the presiden- tial election, the. success of the democratic party might be endangered, and the government thrown into the hands of the federalists ; that unless Mr. Madison consented to act with his friends, and accede to a declara- tion of war with Great Britain, neither his nomination nor his re-election to the presidency could be relied on.* Thus situated, Mr. Madison con- cluded to waive his own objections to the course determined on by his political friends, and to do all he could for the prosecution of a war foi which he had no taste ; and he pretended to no knowledge of war as a science or profession. The president did not sustain himself with counsellors adapted to the occasion. His cabinet consisted, at this time, of James Monroe, secretary of state, who succeeded Robert Smith in November, 1811 ; Albert Gal- latin, secretary of the treasury; William Eustis, secretary of war; Paul Hamilton, secretary of the navy ; and William Pinkney, attorney-general, who succeeded Caesar A. Rodney in that office in December, 1811. Of these cabinet officers, Mr. Monroe was the only one of military taste 01 experience, and he had only performed a 'limited service in the army of the revolution ; Mr. Gallatin was avowedly opposed to the declaration of war ; Mr. Eustis, the secretary of war, knew but little of military affairs j and the secretary of the navy had no knowledge of naval affairs to qualify him for his position. The attorney-general, Pinkney, considered the * This information waa derived, by a friend of the writer, from James Fisk, a democrat* member of Congress in 1812. and one of a committee who waited on Mr. Madison. ADMINISTRATION OF MADISON*. 349 declaration of war premature while government was so entirely unpre- pared. The postmaster-general, Gideon Granger, not then a cabinet offi- cer, but at the head of a department important for military operations, was disaffected to the president, in party sympathy with senators and others professing, perhaps entertaining, inclinations for the war, but denying that with Madison as leader, it ever could prosper.* On the 9th of March, 1812, Mr. Madison transmitted to Congress a special message, with certain documents which had been communicated to the executive by John Henry, a native of Ireland, who alleged that he had been employed as a secret agent of the British government, in the New England states. " in intrigues with the disaffected, for the purpose of bringing about resistance to the laws, and eventually, in concert with a Britisn force, of destroying the Union, and forming the eastern part thereof into a political connexion with Great Britain." John Henry was born a subject of Great Britain. For a while he had resided in this country, and held a commission in the army of the United States. Having left the service, by his own account he resided some time in Vermont, and afterward returned to his natural allegiance, and became a icsident of Canada. There, in the beginning of the year 1809, if his own account is to be credited, he was employed by Sir James H. Craig, governor of Canada, to repair to Boston, for the purpose of ascertaining whether the federal politicians of the New England states, particularly those of Massachusetts, were desirous of withdrawing from the Union, and forming a close connexion with Great Britain. Accordingly, in the month of February of that year, he commenced his journey, and after spending some time in Vermont, and passing through New Hampshire, he reached Boston early in the month of March. Having taken his station in the New England capital, he opened his correspondence with his employers in Canada. His first letter is dated March 5, 1809, in which he remarked that it had not thus far appeared necessary for him to dis- cover to any person the object of his visit ; nor was it probable that he should find it necessary, for the purpose of gaining a knowledge of the arrangements of the federal party, to avow himself as a regular authorized agent of the British government, even to those who would keep the se- cret that he had sufficient means of information to enable him to judge of the proper time for offering the co-operation of Great Britain, and opening a correspondence between the governor-general of British America and disaffected individuals in Massachusetts. Accordingly, he remained unknown at Boston till the 25th of May following, when he wrote to his principals at Quebec, that it would be unnecessary for him, in the existing state of things, and unavailing also, to attempt to carry into effect the original purposes of his mission. He was soon recalled from that mission, and returned to Canada; and in 1811 was in England, peti- ' Ingcrsoll's History of the War. 350 ADMINISTRATION OF MADISON. tioning the British government for compensation for his services abote mentioned. For some cause or other, the ministry declined paying him ; but referred him to the governor of Canada, on the ground that they had not discovered any wish on the part of Sir James Craig that Henry's claims for compensation should be referred to the mother-country, and be- cause no allusion was made to any kind of arrangement or agreement that had been made by that officer with him.* Mr. Sullivan remarks, that " there are many persons who remember John Henry, and that he was in Boston in 1809. But no one ever heard it suggested that he was a British agent. He was said to be engaged in some sort of land speculation ; but very few knew or cared how he was employed. He was a handsome, well-behaved man, and was received in some respectable families." The British minister at Washington, in a letter to* Mr. Monroe, the sec- retary of state, dated the llth of March, 1812, disclaimed most solemnly, on his own part, having had any knowledge whatever of the existence of such a mission, or of such transactions as the communication of Mr. Henry referred to, and expressed his conviction that, from what he knew of those branches of his majesty's government with which he had inter- course, no countenance whatever was given by them to any schemes hos- tile to the internal tranquillity of the United States. The committee on foreign relations, in Congress, to whom the message and documents were referred, in their report, remarked that, " The trans- action disclosed by the president's message, presents to the mind of the committee conclusive evidence, that the British government, at a period of peace, and during the most friendly professions, have been deliberately and perfidiously pursuing measures to divide these states, and to involve our citizens in all the guilt of treason, and the horrors of a civil war." Henry, in this transaction, was accompanied by a foreign adventurer, who called his name Crillon, and claimed the title of count. He went through a long examination before the committee of foreign relations, but his testimony was considered unimportant. It appears that Henry, after being unsuccessful in England, in urging his claims upon that government, sailed for the United States, and arrived at Boston in December, 1811. He visited Governor Gerry, of Massachu- setts, who gave him a letter of introduction to Mr. Madison. In February, 1812, he made his disclosures to the president, for which he received fifty thousand dollars, which were drawn from the treasury, on account of the secret service fund, in the name of John Graham, chief clerk in the office of secretary of state. Henry left Washington on the 1 1th of February, and on the 9th of March he sailed for France, in the United States sloop-of-war Wasp. It is a curious fact, that Henry had been at Washington, had got hie Dwight's History and Review. ADMINISTRATION OF MADISON. 351 money, and had returned northwardly, and was at Baltimore on the llth of February, and that his letter of disclosure to James Monroe is dated the 20th of that month, at Philadelphia. It is remarkable that Mr. Madi- son had these disclosures at least twenty-five days before he made them known to Congress ; that when he did so make them known, Henry was actually under sail for France, and, consequently, could not be called on for any explanation.* The Henry plot proved of no advantage to the administration and its supporters, but had a tendency to increase and extend the feelings of ex- asperation and enmity toward the government, entertained by a large ma- jority of the New England people, whose characters were assailed by the pretended exposure of Henry, although he did not mention the name of even a solitary person who ever uttered a sentence of disaffection to the Union, or of a wish to form a connexion with Great Britain. Besides a majority of the people of New England, the federal party throughout the Union, and a respectable portion of the democratic party, were opposed to the approaching declaration of war. Still, the leading men among the friends of the administration felt a confidence that the measure was re- quired, and would be sustained, by a majority of the people. After the return of Mr. Pinkney to the United States, from his mission to England, Mr. Madison appointed Jonathan Russell charge d'affaires of the United States at London. Mr. Russell reached London in November, 1811. On the 14th of February, 1812, he wrote to Mr. Monroe, secretary of state, that at that time there had been exhibited no evidence on the part of the British government to repeal the orders in council. On the 4th of March he wrote to Mr. Monroe, informing him that he had at- tended the discussions in parliament, on motions by Lord Lansdowne and Mr. Brougham, " and if anything was wanting to prove the inflexible de- termination of the present ministry to persevere in the orders in council, without modification or relaxation, the declarations of the leading mem- bers of administration on these occasions, must place it beyond the possibility of a doubt. Mr. Percival said, ' As England was contending for the defence of her maritime rights, and for the preservation of her na- tional existence, which essentially depended on the maintenance of those rights, she could not be expected, in the prosecution of this great and pri- mary interest, to arrest or vary her course, to listen to the pretensions of neutral nations, or to remove the evils, however they might be regretted, which the imperious policy of the times indirectly and unintentionally ex- tended to them.' " I no longer entertain a hope that we can honorably avoid war." On the 30th of May, 1812, Mr. Foster, the British minister at Wash- ington, addressed a long letter to Mr. Monroe, in which he reviewed the whole ground of controversy between the United States and Great Britain. SnlJivan. 352 ADMINISTRATION OF MADISON. He contends that the Berlin and Milan decrees had not, in fact, been re- voked, and concludes as follows: " I am commanded, sir, to express, on the part of his royal highness, the prince regent, that while his royal highness entertains the most sin- cere desire to conciliate America, he yet can never concede that the block- ade of May, 1806, could justly be made the foundation, as it avowedly has been, for the decrees of Bonaparte ; and further, that the British govern- ment must ever consider the principles on which that blockade rested (ac- companied as it was by an adequate blockading force), to have been strictly consonant to the established law of nations, and a legitimate instance of the practice which it recognises. " Secondly, that Great Britain must continue to reject the other spuri- ous doctrines promulgated by France in the duke of Bassano's report, as binding upon all nations. She can not admit, as a true declaration of pub- lic law, that free ships make free goods, nor the converse of that proposi- tion, that enemy's ships destroy the character of neutral property in the cargo : she can not consent, by the adoption of such a principle, to deliver absolutely the commerce of France from the pressure of the naval power of Great Britain, and, by the abuse of the neutral flag, to allow her enemy to obtain, without the expense of sustaining a navy, for the trade and property of French subjects, a degree of freedom and security which even the commerce of her own subjects can not find under the protection of the British navy. " She can not admit, as a principle of public law, that arms and military stores are alone contraband of war, and that ship-timber and naval stores are excluded from that description.y Neither can she admit, without re- taliation, that the mere fact of commercial intercourse with British ports and subjects should be made a crime in all nations, and that the armies and decrees of France should be directed to enforce a principle so new and unheard-of in war. " Great Britain feels, that to relinquish her just measures of self-de- fence and retaliation, would be to surrender the best means of her own preservation and rights ; and with them the rights of other nations, so r long as France maintains and acts upon such principles." Such was the state of things between the United States and Great Brit- ain, when it was determined by the friends of the administration in Con- gress, to declare war. As a prelude to that event, an act was passed on the 4th of April, 1812, laying an embargo on vessels of the United States for the term of ninety days. On the 20th of April, George Clinton, vice-president of the United States, died at Washington, at the age of seventy -three. The senate had previously elected William H.Crawford president pro tern, of that body. Louisiana was admitted into the Union as a state on the 8th of April, 1812 ; and by a subsequent act on the 4th of June, the territory before ADMINISTRATION OF MADISON. 353 called Louisiana, was organized under the name of the Missouri ter- ritory. Among other important acts passed at this session, besides the declara- tion of war were the following : To prohibit the exportation of specie, goods, wares, or merchandise, from the United States during the continu- ance of the embargo ; for the establishment of a general land office in the treasury department ; to provide for the surveying of six millions of acres of the public lands, to be set apart and reserved for the purpose of satisfy- ing the bounties of one hundred and sixty acres each .promised to the sol- diers of the United States by the acts previously passed for augmenting the army ; authorizing the issue of five millions of dollars in treasury- notes ; imposing one hundred per cent, additional duties on imports ; con- firming grants to lands in the Mississippi territory, on British or Spanish warrants made prior to October 27, 1795 ; appropriating an additional sum for the Cumberland road ; establishing various postroads ; prohibiting American vessels from trading with the enemy ; and an act authorizing a subscription for the old six per cent, and deferred stocks, and providing for an exchange of the same. A law was also passed for the apportion- ment of representatives in Congress according to the census of 1810. The elections in 1812, in those states where the same were held in the spring, were generally unfavorable to the administration ; although the opinion was entertained and expressed, by a large proportion of the peo- ple, that Congress would not declare war. The federal party prevailed in the elections in Massachusetts, Rhode Island, Connecticut, and NewYork ; showing a considerable change in favor of that party, compared with the elections of the previous year. It was with some difficulty that a majority of Congress were induced to vote for the preliminary measures to the declaration of war; but on the question of the embargo, the majority in the house of representatives was twenty-nine votes, in favor of the act. On the first of June, the president transmitted a special message to Congress, in which he reviewed the difficulties which had occurred in our relations with Great Britain, and those which then existed ; describing, in strong language, the aggressions with which we had been visited by that nation. This message was referred to the committee on foreign relations, in the house of representatives, a majority of whom, viz., John C. Cal- houn, of South Carolina ; Felix Grundy, of Tennessee ; John Smilie, of Pennsylvania ; John A. Harper, of New Hampshire ; Joseph Desha, of Kentucky ; and Ebenezer Seaver, of Massachusetts, agreed upon, and re- ported to the house on the 3d of June, a manifesto, as the basis of a dec- larati >n of war. The reasons given by the committee for recommending an imnediate appeal to arms were, in substance, as follows: The im- pressment of American seamen by the commanders of British ships-of- war ; the British doctrine and system of blockade ; and the adoption and VOL. I. 23 354 ADMINISTRATION OF MADISON. continuance of the orders In council of that government ; which operated extensively to the interruption and injury of the American commerce. To which was added a long and unsatisfied demand for remuneration on ac- count of depredations committed by English subjects on the lawful com- merce of the United States. During the proceedings on the subject of the declaration of war, Con- gress sat with closed cfbors. The measure was adopted in the house of representatives by a vote of 79 to 49 ; but was delayed in the senate foi fourteen days after it was submitted to that body, when it finally passed, 19 to 13. At first it was evident that the majority was against war; and a proposition was made, on which the senate were equally divided on the first vote, for granting reprisals against the commerce of Great Britain, by public or private ships of the United States ; but after several days of dis- cipline and urging, a majority voted in favor of it. Of the 79 members of the house who voted for the war, 62 resided south, and 1 7 north, of the Delaware; of the 19 senators who voted on the same side, 14 resided south, and 5 north, of the Delaware. Thus the war may be said to have been a measure of the south and west, to take care of the interests of the north, much against the will of the latter. The whole number of mem- "bers in both branches, residing north of the Delaware, was 68, of whom only 21 voted for the war.* The act declaring war was approved by the president on the 18th of June, 1812, and is remarkably short and comprehensive. It was drawn by the attorney-general of the United States, William Pinkney, and is in the words following : " An act declaring war between the United Kingdom of Great Britain and Ireland, and the dependencies thereof, and the United States of America and their territories. " Be it enacted, fyc. That war be, and the same is hereby declared to exist between the United Kingdom of -Great Britain and Ireland, and the dependencies thereof, and the United States of America and their territo- ries ; and that the president of the United States is hereby authorized to use the whole land and naval force of the United States to carry the same into effect, and to issue to private armed vessels of the United States commissions, or letters of marque and general reprisal, in such form as he shall think proper, and under the seal of the United States, against the vessels, goods, and effects, of the government of the said United Kingdom of Great Britain and Ireland, and the subjects thereof." On the day following the date of the above act, the president issued his proclamation announcing the fact, and calling upon the people of the Uni- ted States to sustain the public authorities in the measures to be adopted for obtaining a speedy, a just, and an honorable peace. Immediately after the declaration of war was announced, a party was Sullivan. ADMINISTRATION OF MADISON'. 355 organized, composed principally of the federalists and some disaffected democrats, under the name of " the peace party." This party endeavored lo compel the government to make peace by raising every possible ob- struction to the prosecution of the war. This course was considered as more actuated by feelings of party spirit than by patriotism, and many prominent federalists gave the government their support, whenever they found them disposed to carry on the war with vigor and effect. On the 26th of June, Congress passed an act respecting letters of marque, prizes, and prize goods ; and great expectations were entertained of the injuries to be inflicted upon British commerce by our privateers, as well as the profits to be gained thereby, by American adventurers in such enterprises. There was a great incongruity between appropriations for the war and provision for them, and, without a cent to be raised by taxes, more than fifteen millions of dollars were appropriated for the army, and nearly two millions seven hundred thousand for the navy, when the income by cus- toms and sales of public lands, in 1812, was only about nine millions and a half. The only fiscal measures of the twelfth Congress at 'the first ses- sion, were a loan of eleven millions of dollars, authorized by act of the 14th of March, 1812, doubling the duties on importations, and providing for the issue of five millions of treasury -notes. The British government had resisted the demand of the American gov- ernment, for the repeal of the orders in council, from August, 1810, to May, 1812, on the specific ground that the French decree of revocation of the former date was conditional. But upon receiving official intelli- gence that France had definitively revoked her decrees, the British orders in council were repealed in June, 1812, within five days after the declara- tion of war by Congress. A little delay on the part of the American gov- ernment would have removed this ground of controversy, and left nothing for this country to contend for but freedom from impressment. The French emperor had authorized his minister to declare to the American government, that the Berlin and Milan decrees were revoked on the 1st of November, 1810. Upon this annunciation, application was made by our government to that of Great Britain, to follow the example set by France, and repeal their orders in council. This was refused on the part of Great Britain, on the ground that the revocation of the French decrees was not absolute, but was conditional. This question gave rise to repeated and labored discussions between the two governments, the American ne- gotiators maintaining with great zeal that the repeal was absolute, and those of Great Britain contending with equal pertinacity that it was con- ditional. In the course of a conversation between Mr. Barlow, the Amer- ican minister in France, with the duke of Bassano, in May, 1812, the duke produced a decree, dated April 28, 1811, more than a year previous, declaring the Berlin and Milan decrees definitively revoked, and to date from the. 1st of November, 1810. 356 ADMINISTRATION OF MADISON. Immediately after the act declaring war was passed by Congress, the federal members of the house of representatives who were in the minority on that occasion, published an address to their constituents. It is a pa- per of great ability, and sets forth the state of the country at that time, the course of the administration, and its supporters in Congress, and the rea- sons of the minority for opposing the war. The sentiments and Yiews of the friends of the administration, the ad- vocates of the war, are shown in the remarks of Mr. Clay, speaker of the house of representatives, in a debate on the embargo question, in April, 1812. " Mr. Clay warmly expressed his satisfaction and full approbation of the president's message, and the proposition now before the committee (the embargo). He approved of it, because it is to be viewed as a direct precursor to war. He considered this as a war measure, and as such he should discuss it. Sir, after the pledges we have made, and the stand we have taken, are we now to cover ourselves with shame and indelible dis- grace, by retreating from the measures and ground we have taken ? He did not think we were upon this occasion in the least embarrassed by the conduct of France in burning our vessels ; that may be a subject of future consideration. We have complete evidence as to the enemy whom we have selected. As weak and imbecile as we are, we would combine France if necessary. There is no intrinsic difficulty or terror in the war ; there is no terror except what arises from the novelty. Where are we to come in contact with our enemy ? On our own continent. If gentlemen please to call these sentiments quixotic, he would say he pitied them for their sense of honor. We know no pains have been spared to vilify the government. If we now proceed we shall be supported by the people. Many of our people have not believed that war is to take place. They have been wilfully blinded. He was willing to give them further notice. It remains for us to say whether we will shrink, or follow up the patriotic conduct of the president. As an American and a member of this house, he felt a pride that the executive had recommended this measure. He said he was at issue with the gentleman from Virginia (Mr. Randolph) as to the public sentiment. That it is with us, is proved by the glowing and patriotic resolutions of fourteen legislatures. He said there was no divis- ion in the southern and western states federalists and republicans were united for war."* On the 18th of May, 1812, James Madison was nominated for re-election as president of the United States, by a caucus of eighty-two republican members of Congress. The vote in caucus in favor of Mr. Madison was unanimous. John Langdon, of New Hampshire, was nominated for vice- president, but as he declined on account of his advanced age, being then seventy-one years old, Elbridge Gerry, of Massachusetts, received the nomi- nation in his stead, on the 8th of June. The opposing candidate for the Niles's Register, vol. v., p. 106. ADMINISTRATION OF MADISON. 357 presidency was De Witt Clinton, who was nominated at a meeting of the republican members of the legislature, on the 29th of May, 1812. Of 91 members present at the caucus, 87 approved of the nomination of Mr. Clinton. The federalists held a convention in the city of New York, in September, 1812, when seventy members were present, from eleven states. It was resolved to support Mr. Clinton, as the best chance of defeating Mr. Madison. Jared Ingersoll, of Pennsylvania, was nominated for vice- president, in opposition to Mr. Gerry. Congress adjourned on the 6th of July, 1812 ; previous to which they passed a resolution requesting the president to recommend a day of public humiliation and prayer to be observed by the people of the United States, and the offering of supplications to Almighty God for the safety and wel- fare of the states, his blessing on their arms, and the speedy restoration of peace. The president therefore issued his proclamation on the 9th of July, recommending the third Thursday in August to be set apart for the above purpose, which day was accordingly observed. OP the 26th of June, or eight days after the declaration of war, Mr. Momoe, secretary of state, wrote to Mr. Russell, charge des affaires of the United States in England, informing him of the declaration, and au- thorizing him to propose an armistice to the British government, if the or- ders in council were repealed, and no illegal blockades substituted for them also that orders were given to discontinue the impressment of sea- men, The British government, through Lord Castlereagh, on the 29th of August, communicated to Mr. Russell their refusal to accede to the propo- sition of the government of the United States, " as being on various grounds absolutely inadmissible." Mr. Russell therefore demanded and obtained his passports, and left England in September. When the orders in council were repealed, on the 23d of June, 1812, almost simultaneously with our declaration of war, the expectation in Eng- land was so strong of the war being prevented or stopped, that the first step of the British ex-minister to the United States, when he reached Halifax, on his way to England, was to send to the governor-general of Canada, to propose to the American government terms of pacification. Mr. Foster had, no doubt, assured his government that war would never be declared, as the opponents of the measure had encouraged him in the persuasion that it was impossible. And when the British orders in coun- cil were repealed, that government had every reason to be confident that it neither could nor would be persevered in. Great Britain was, moreover, at that moment, absorbed by her stupendous struggle with France, and her statesmen had neither time, means, nor thought, to bestow upon a remote and comparatively insignificant conflict on this side of the Atlantic, with an unarmed, unwarlike, and divided people. Nearly seven months there- fore elapsed after the declaration of war, before England took any impor- tant step of counteraction. The English manifesto was not issued till the 358 ADMINISTRATION OF MADISON. 9th of January, 1813. The blockade of the Chesapeake and Delaware was not proclaimed till the 26th of December, 1812. British naval forces on the American coasts and stations did not appear in any formidable numbers till February, 1813, on the 4th of which month and year, Admi- ral Sir John Borlase Warren, then naval commander-in-chief, took posses- sion of Hampton Roads, in the Chesapsake bay, with two ships-of-the- hne, four frigates, and several smaller vessels-of-war. In the spring of the year 1813, the British fleets on the American coasts and stations, from Halifax to Bermuda, consisted of six 74 gunships, 13 frigates, and 18 aloops-of-war ; all under the command of Admiral Warren ; most of them in the Chesapeake bay, a few in the Delaware bay, and others distributed along the coast. On the 20th of March, 1813, the whole coast of the Uni ted States was declared to be in a state of blockade, with the exception of Rhode Island, Massachusetts, and New Hampshire. The object of the exception of several states was obviously to sow dissension among the United States.* Admiral Warren had arrived at Halifax in September, 1812, and was invested, not only with an extensive naval command, but also with full power to negotiate a provisional accommodation with our government. On the 30th of September, he wrote from Halifax to Mr. Monroe, the secre- tary of state, that the departure of Mr. Foster from America had devolved on the admiral the charge of making known to the government of the Uni- ted States the sentiments entertained by the prince regent upon the exist- ing relations of the two countries. The orders in council, he said, ceased to exist nearly at the same time that the United States declared war; on receipt of which declaration, an order in council, dated 31st of July, was issued, to detain American vessels. Under these circumstances, the ad- miral proposed, as he was directed, the immediate cessation of hostilities between the two countries. Should the American government accede to this proposal for the cessation of hostilities, Admiral Warren was author- ized to arrange a revocation of the laws interdicting British commerce and ships-of-war from the harbors and waters of the United States. In de- fault of such revocation, he says, the orders in council of January, 1807, and 1 809, were to be revived. Mr. Monroe's answer to Admiral Warren, dated 27th of October, 1812, informed him that it would be very satisfactory to the president to meet the British government in such arrangements as might terminate, without delay, hostilities, on conditions honorable to both nations. Alluding to the proposition which had been made, through Mr. Russell, for an armistice, which was rejected by the British government, and presuming that it was equally the interest of both countries to adjust the subject of impressment, the president was willing to agree to an armistice, provided Admiral War- ren was authorized, and would agree, to negotiate terms by which im- Ingersoll. ADMINISTRATION OF MADISON 359 pressment should be suspended. Experience, it was said, bad evinced tbat no peace could be durable unless that object was provided for. The United States could not admit or acquiesce in the right of impressment during negotiation. The orders in council having been repealed, and no illegal blockades revived or substituted in their stead, and an understand- ing being obtained on the subject of impressment, the president was wil- ling to agree to a cessation of hostilities, with a view to arrange by treaty every other subject of controversy. The British government refusing these terms of accommodation, war was continued for the single grievance of impressment, with the English menace that such blockades as the repealed orders in council authorized, that is, illegal blockades, which Lord Melville pronounced impracticable, would also be enforced. The conditions proffered by our government, through Mr. Russell, their charge d'affaires in London, when war was declared, were stated by the president, in his annual message to Congress, on the 4th of November, 1812, without reference to the rejected overture from Admiral Warren. They were, repeal of the orders in council, no revival of blockades violating established rules, a stop put to the practice of impressment, and immediate discharge of American seamen from British ships. In return, we proffered an act of Congress, not a mere executive assur- ance, for the exclusion of British seamen, nay, more, all British natives, from our vessels, provided Great Britain excluded Americans from hers. On these terms an armistice, to prevent hostilities and bloodshed, could be improved into definitive and comprehensive adjustment of all de- pending controversies. These were reasonable and moderate terms ; but which, while England was at war with France, there was little hope she would accept, impressment, if there be any right to it, being a war right, at all events a war need. The terms were rejected as soon as proffered to Great Britain.* Previous to the arrival of Admiral Warren, another attempt had been made on the British side, to bring about a suspension of hostilities. By the advice of Mr. Foster, the British ex-minister, Sir George Prevost, governor of Canada, in July, 1812, despatched his adjutant-general, Baynes, with a flag of truce, to Greenbush, near Albany, where General Dearborn, of the American army, was stationed, to negotiate with him an armistice, which Dearborn was prevailed upon at once to subscribe. It suspended military operations, excepting General Hull's expedition, till the presi- dent's pleasure should be ascertained. This proposal was not made by the British government itself, but only through its colonial agents, and might not be sanctioned in England ; besides, it was thought it would give advantages to Great Britain, and, constantly insisting on impressment as a grievance to be removed, Mr. Madison at once refused to confirm the Ingersoll. 360 ADMINISTRATION OF MADISON. act of General Dearborn, rejected the proposed armistice, and persevered in hostilities. It is foreign from the object of this sketch to give a detail of the mili- tary and naval events of the war. Under the direction of the federal gov- ernment the war had its course. Many of the people assisted no further than the laws required, and continued to express a desire that it might soon be brought to an end. The opponents of the war, and those who wished for its termination, constantly increased. The first military effort after the war began, was attended with defeat and disgrace. A considerable army, under General Hull, invaded Upper Canada, but soon returned to Detroit, which post was shortly afterward attacked by a British army, to whom it was surrendered by the American commander, in August, 1812. Several other disasters attended the Ameri- can arms on the northern and western frontiers during the first year's campaign, but in some instances the American troops showed great bravery, and evinced that they only required skilful direction, to command success. Most unexpectedly to the administration and the nation, a series of bril- liant exploits attended the small naval establishment of the United States ; commencing with the capture of the British frigate Guerriere, by the Con- stitution, Captain Hull, on the 18th of August, 1812. This was followed on the 1 8th of October, by the surrender of the British brig Frolic to the American sloop-of-war Wasp, Captain Jones ; and on the 25th of the same month, the frigate United States, Captain Decatur, captured the British frigate Macedonian. The Constitution was again successful on the 30th of December, when she was commanded by Commodore Bainbridge, and captured the British frigate Java. This succession of triumphs completely established the navy in public favor, as well as convinced the administration of its importance, and from that period the democratic party abandoned its opposition to a naval estab- lishment, consenting also to its gradual increase. The additional expen- ses incurred for this purpose were approved by the federalists, as they had always advocated the policy of a navy. The presidential election in 1812 resulted in the choice of Mr. Madi- son as president for another term of four years from the 4th of March, 1813, and of Mr. Gerry as vice-president. The opposing candidates, De Witt Clinton and Jared Ingersoll, received the vote of the state of New York, where a section of the democratic party, as well as most of the fed- eralists, sustained the claims of Mr. Clinton ; but in other states their sup- porters were almost exclusively confined to the federal party. The elec- toral votes stood as follows: For Madison, 128; Gerry, 131 ; Clinton, 89 ; Ingersoll, 86. The elections for members of Congress also resulted in a large majority of the friends of the administration ; and thus the pol- icy of the war was sustained by a majority of the people ; but it was evi- ADMINISTRATION OF MADISON. 361 dent that the opposition was powerful and increasing, particularly in the eastern and middle states. Congress assembled on the 2d of November, 1812, and continued in session until the 3d of March, 1813, when their term expired. The principal acts passed related to the army and navy, and to provide means for carrying on the war. Authority was given to the executive for the construction of four ships of seventy-four guns each, six frigates, and six sloops-of-war ; to issue five millions of dollars in treasury-notes ; and to create a new stock for a loan of sixteen millions of dollars. Laws were also passed for further augmenting the army, and for the more perfect or- ganization of the same ; to encourage vaccination among the citizens of the United States generally ; prohibiting the employment on board the public or private armed vessels of any seamen except citizens of the Uni- ted States, or native persons of color, after the termination of the war. The object of the last act, was to induce the British government to come to some arrangement respecting the impressment of seamen. Another act vested in the president the power of retaliation for any violation of the laws and usages of civilized nations, by British officers, or by Indians in alliance with the British government, or those acting under the author- ity of the said government. An important bill to the commercial interest was also passed, principally through the efforts of Mr. Cheves, of South Carolina, in its behalf, directing the secretary of the treasury to remit cer- tain fines, penalties, and forfeitures ; in other words, to cancel the mer- chants' bonds given for goods seized under the non-importation act, and imported from Great Britain and Ireland after the declaration of war. This bill was opposed by most of the democratic members in the house of rep- resentatives, and was carried by the close vote of 64 to 61. On the 4th of March, 1813, the second term of Mr. Madison com- menced, in consequence of his re-election to the presidency. At twelve o'clock on that day, having attended at the capitol, for the purpose of taking the oath of office, he delivered to the vast concourse of people assembled on the occasion, his inaugural address. Some changes had taken place in Mr. Madison's cabinet, previous to his re-election. On the 12th of January, 1813, William Jones, of Penn- sylvania, was appointed secretary of the navy, in place of Paul Hamilton, resigned ; and General John Armstrong, having returned from France, was, on the 13th of January, appointed secretary of war, in place of Doctor Eustis, resigned. The 13th Congress assembled at the capitol on the 24th of May, 1813, in conformity to an act passed the preceding February, and continued in session until the second of August. The democratic majority in the house of representatives was shown in the election of speaker. Henry Clay was again chosen, receiving 89 votes, to 54 for Mr. Pitkin, of Connecticut, t leading federalist, and there were five scattering votes. The majority, 362 ADMINISTRATION OF MADISON. therefore, in favor of the administration, and of the policy of the war, was decided, and in the senate the democratic majority was likewise large, but several of the senators of that party were not particularly friendly to the president and his cabinet, and sought on some occasions to embarrass the administration in various measures proposed, as well as on the subject of nominations to office. On the 8th of March, 1813, the Russian minister at Washington, Mr. Daschkofi', communicated to the American government an offer from the emperor Alexander, of his mediation between the United States and Great Britain, with a view to bring about peace between them. The Russian min- ister at the same time declared, that the emperor took pleasure in doing jus- tice to the wisdom of the government of the United States, and was convinced that it had done all that it could to prevent the rupture. On the llth of March, the president formally accepted the Russian mediation, and in a few days afterward appointed Messrs. Albert Gallatin, John Quincy Adams, and James A. Bayard, commissioners or envoys to negotiate a treaty of peace with Great Britain, under the mediation of the emperor of Russia. Messrs. Gallatin and Bayard embarked soon after from Philadelphia, in the ship Neptune, under a flag of truce, to join Mr. Adams in St. Petersburg, and arrived in the Baltic in June following. It was probably owing to the confidential relation between Mr. Adams and the emperor, that the media- tion of Russia was tendered ; and it appears, by official documents, to have been first suggested to Mr. Adams, at St. Petersburg, by the Russian minister, Romanzoff, on the 20th of September, 1812 ; before he commu- nicated the same to Mr. Daschkoff, Russian ambassador to the United States. Mr. Adams was then American minister at the Russian court, having been appointed by Mr. Madison to that mission, in 1809. It was not till October, 1812, that Mr. Adams had information of our war. and not till De- cember, 1812, did he get a duplicate of his despatches from Washington, dated July 1st, 1812, to apprize him of the war declared nearly six months before. Meantime, the French invasion of Russia had been driven back to Poland, where Mr. Barlow, American minister to France, was invited to meet the French emperor at Wilna; on his way to which place he died, at Czarnovitch, the 26th of December, 1812 When there was reason to believe that the coalition, of which Russia and Great Britain were the principal members, would triumph over the French, the Russian emperor proffered his mediation to put a stop to hostilities between the United States and Great Britain, which interrupted American commerce with Russia.* The Russian mediation was declined by the British government, in September, 1813, but on the 4th of November Lord Castlereagh informed the American government that Great Britain was willing to enter upon a direct negotiation for peace. This proposition was accepted by President Ingersoll. ADMINISTRATION OF MADISON. 363 Madison, and Lord Castlereagh was informed that measures would be ta- ken for carrying it into effect, at Gottenburg, in Sweden. The place of meeting was, however, afterward changed to Ghent, in Belgium. When the nomination of Messrs. Gallatin, Adams, and Bayard, as en- voys to negotiate peace, came before the senate, on the 31st of May, 1813 vhe two latter were confirmed, but Mr. Gallatin was rejected, 18 to 17, on the ground that the offices of envoy extraordinary and secretary of the treasury are incompatible, and ought not to be united in the same person. The president informed the senate that the office of secretary of the treas- ury was not vacant, but in the absence of Mr. Gallatin the duties of that office were performed by William Jones, secretary of the navy. Mr. Gallatin was afterward nominated, when no longer secretary of the treas- ury, and confirmed. Several other nominations by the president were rejected by the senate at this session. The principal business of Congress at this session, was to provide means for paying the interest on loans already authorized, and other mat- ters incident to the war. The financial plan which had been proposed by Mr. Gallatin, secretary of the treasury, to raise the necessary funds, was simply to double the existing duties on imports, as had been done, and bj laying the necessary internal taxes, to raise an annual revenue sufficient to pay the ordinary expenses of government, and the interest of such sums as it would become necessary to borrow ; and to support the war by a series of loans. But internal taxes were very unpopular, and Congress was slow in imposing them. Mr. Madison was of opinion that the people would not take war and taxation together, and the majority of the twelfth Congress deemed it advisable to refrain from imposing direct taxes, until the presidential election had taken place. Their successors of the thir teenth Congress were therefore called upon 10 provide the means referred to. This was done by passing acts for the assessment and collection of direct taxes and internal duties ; soon followed by acts imposing duties on refined sugars, sales at auction, retailers' licenses, stamps, carriages, licen- ses to distillers, and a direct tax of three millions of dollars a year. The national finances at this period, were in a state of much embarrass- ment. Treasury-notes, issued according to act of Congress, were at a great discount ; and although the first loan in 1812 was taken at par for six per cent, stock, the second loan authorized by government was taken on disadvantageous terms for the United States, and all paid in depreci- ated currency. The banks in the Union had suspended specie payments, excepting a part of those of the New England states. In tho early part of 1813, the demands on the public treasury were far greater than had been anticipated, owing to the unfavorable circumstances in which the country was placed, and the improvident course of the administration in carrying on the war. When the militia, particularly of the middle states, were called out, they were not sufficiently armed, and extraordinary ex- 364 ADMINISTRATION OF M i)I8ON. penses were incurred to equip them. There was also a great deficiency of blankets and other clothing for the soldiers, as the importations had been restricted, and the manufacture of woollens was then comparatively small in the United States. Still, the war served to show the strength of the government, and the patriotism of the citizens. Although a bare majority of the people approved of the war, and probably the majority was desirous of closing it in six months, after the offers of the British government for further negotiations, and the great disasters suffered by the army on the borders of Canada, the administration was supported, or certainly not opposed by any disorderly or violent acts. The power of the federal government proved adequate to the crisis ; but the people, in various parts of the nation, complained of the measures of the government, and censured its war policy ; and that no formidable opposition appeared, must be attributed to the patriotic feelings of the citizens, and to their conviction of the necessity of order and obe- dience to all constitutional authority. With a population of a different character from that of the great majority of the people of the United States, and with the freedom they possessed, it would have been difficult to maintain a war, when so great a portion of the nation disapproved of it.* The invasion of Canada was renewed in the spring of 1813, and Gen- eral Dearborn, with a small army, crossed Lake Ontario, from Sackett's Harbor, and captured York (now Toronto), in Upper Canada. Gen- eral Dearborn afterward made another expedition into Canada, with a large body of troops, and took possession of Fort George, at the entrance of the Niagara river into Lake Ontario. The British retreated to Burlington heights, where they were followed by a detachment of American troops under Generals Chandler and Winder. But the latter were surprised by a night attack on their camp, and both of the generals captured, after which the detachment retreated toward Fort George. In the month of January previous, General Winchester, with about 800 men, fought a battle with the British and Indians, at the Maumee rapids, in Ohio, and, after the loss of about 300 men killed in the action, was forced to capitulate to General Proctor. The losses sustained by the United States troops in Canada and on the frontier, in 1812 and 1813, were estimated to amount to 8,500 men, in killed, wounded, and taken prisoners. In September, 181 3, the capture of the British fleet on Lake Erie, by the American fleet under Commo- dore Perry, was followed in October by the defeat of the British and In- dians under General Proctor, on the banks of the river Thames, in Upper Canada, by the Americans under General Harrison. In this action Te- cumseh, a celebrated Indian chief, was killed, and this victory put an end to the Indian confederacy against the United States, which had been or- ganized by that chief. Many other engagements and military affairs of minor importance oc- Bradford. ADMINISTRATION OF MADISON. 365 eurred on the frontiers during the year 1813 ; and in the southern part of the United States a war with the Creek Indians was brought to a close, in consequence of repeated defeats of the Indians, by the Americans un- der General Andrew Jackson. The principal naval events were as fol- lows : The capture of the British brig Peacock by the American sloop- of-war Hornet, Captain Lawrence, on the 24th of February }. the loss of the United States frigate Chesapeake, which was taken by the British frigate Shannon, on the 18th of June, when Captain Lawrence, who had been promoted to the command of the Chesapeake, was killed, with many of his officers and men ; the capture, by the British brig Pelican, of the American brig Argus, Captain Allen, on the 14th of August ; and in Sep- tember, the capture of the British brig Boxer by the American brig En- terprise, Lieutenant Burrows, who was killed in the action. In the meantime, the Atlantic coast of the United States was closely blockaded by British squadrons, cutting off most of the coasting trade, as well as a large share of the remnant of foreign commerce, and committing various depredations, particularly in Delaware and Chesapeake bays. But the naval efforts of Great Britain on the American seaboard, continued in- significant throughout the year 1813. At the same time, the American privateers were active and successful ; nor were the British squadrons enabled to put an entire stop to American commerce. Cotton and other staples of this country were exported in profitable adventures to France, Spain, and elsewhere, and the imports into the United States were larger in amount than might have been expected. Mr. Ingersoll says, that American commercial losses by war did not excessively surpass those which before its declaration were caused to American commerce by Eng- lish seizures and sequestrations, together with French unlawful depreda- tions. During the year 1813, the American frigates President, Captain Rodgers, the Congress, Captain Smith, the Essex, Captain Porter, and other ves- sels-of-war, made long and unmolested cruises, traversing the seas of va- rious quarters of the globe, and making many captures. The Essex pro- ceeded to the Pacific ocean, and in the course of a few months captured, manned, and armed, nine large English vessels, worth two millions of dol- lars. Captain Porter was for some time commodore of a fleet of his own creation. More than seven hundred British vessels were taken by the American navy and privateers, during the years 1812 and 1813. The second session of the 13th Congress began on the 6th of Decem- ber, 1813, and ended on the 18th of April, 1814. Mr. Clay, having been appointed one of the commissioners to negotiate a treaty of peace, resigned his station as speaker of the house, on the 19th of January, and Langdon Cheves, of South Carolina, was elected speaker in his place. Mr. Cheves received 94 votes, Mr. Grundy, of Tennessee, 59, and there were 12 scat- tering votes. It was understood that Mr. Cheves was preferred and voted 366 ADMINISTRATION OF MADISON. for by the opposition members, and Mr. Grundy by a majority of the friends of the administration. Messrs. Clay and Russell were added to the commissioners to negoti- ate a treaty of peace, in January, 1814, and immediately sailed for Europe after their appointment. The commissioners were arranged by the presi- dent and senate in the following order: John Quincy Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin. The four first-named were confirmed as commissioners to proceed to Gottenburg, in January, and Mr. Gallatin in February, 1814. Messrs. Adams, Gallatin, and Bayard, were in St. Petersburg in October and November, 1813. The first act of a general character passed at this session of Congress, was a law laying an embargo on all ships and vessels within the limits or jurisdiction of the United States, to continue till the first of January, 1815, unless a cessation of hostilities should take place sooner. The provisions of this act were very restrictive and severe, the principal object being to prevent small vessels and boats from supplying the British squadrons on the coast with provisions. It was repealed, however, on the 14th of April following, by the same Congress. The other acts of the session, besides those authorizing additional loans, related principally to the army and navy, and other matters connected with the prosecution of the war. Soldiers enlisting for five years, or during the war, were to receive a bounty of one hundred dollars each in advance, and twenty-four dollars more, in addition to their regular pay, when dis- charged from the service. Volunteer corps engaging to serve for five years or during the war, were to receive the same bounty, pay, rations, clothing, and forage, as the regular army. Pensions were granted to the orphans and widows of persons slain in the public or private armed ves- sels of the United States. One hundred dollars were directed to be paid for each prisoner captured by American privateers and delivered to any agent authorized by the United States to receive prisoners-of-war, and two hundred thousand dollars were appropriated for that purpose. The presi- dent was authorized to cause the marine corps to be augmented, by enlist- ing about seven hundred additional men. An act for calling out the mili- tia, provided for the establishment of courts-martial of their own officers, for the trial of delinquents, in the manner required by the rules of the reg- ular army. This law was deemed severe, and created considerable alarm and dissatisfaction. During the year 1814, the war was prosecuted with vigor and zeal on both sides. The means for supporting it were augmented by the United States government, in every possible way, although the public credit was much depreciated, and treasury-notes fell as low as seventeen per cent., and the stock for the public loans to thirty per cent, below par. The British, particularly on the ocean, acted with more efficiency than in the two previous years. Their ships-of-war hovered upon our coasts in all ADMINISTRATION OF MADISON. 367 directions, sometimes entering harbors and landing bodies of men, who destroyed the property and excited the alarm of the inhabitants. They took possession of Eastport and Castine, in Maine, which was then under the jurisdiction of Massachusetts, and the want of a sufficient naval force prevented the Americans from dispossessing them. The peace of Paris, in 1814, released the British fleets and aimies which had been so long employed in the wars of Europe, and left the English at liberty to direct their strength against the United States. Some of the veteran troops which had served in the campaigns under the duke of Wellington, were sent across the Atlantic. The armies in Can- ada were strengthened, and preparations were made to invade the United States from that quarter. The principal British force in Upper Canada was placed under the command of General Drummond, while the American army on the Niag- ara frontier was commanded by General Brown. Most of the older Amer- ican generals had retired from active service, and more efficient officers were now at the head of the troops. On the 3d of July, Generals Scott and Ripley, with 3,000 men, crossed the Niagara river and took Fort Erie, opposite Buffalo. On the 5lh, the Americans under those two generals met the British army under General Riall, when a severe battle took place, in which the British were defeated, with the loss of about 500 men, while the total American loss was 338. On the 25th of July the most sangui- nary and obstinate battle that occurred during the war was fought at Bridgewater, or Lundy's Lane, near Niagara falls, General Brown com- manding the American forces, assisted by Generals Scott and Ripley. The American troops on this occasion numbered less than 4,000, while the British were about 5,000, and their loss was 878 men. The Americans lost 868, and were left in quiet possession of the field ; they then retired to Fort Erie, and, Generals Brown and Scott having been wounded, Gen- eral Gaines arrived and took the command. On the 15th of August, the English, under General Drummond, made an assault upon the fort, but were repulsed with the loss of nearly a thousand men. General Brown having resumed the command, a successful sortie was made from the fort on the 17th of September, soon after which the British, having again lost about 1,000 men in the last affair, retired to Fort George, in expectation of an attack on that place, from another American army. In November Fort Erie was abandoned and destroyed, and the American troops cros- sing the river, went into winter quarters at Buffalo and its vicinity. Meanwhile the English had concentrated an army of over 14,000 men, in Lower Canada, under the command of Sir George Prevost, for the pur- pose of invading the United States by way of Lake Champlain. The Americans had an army at Plattsburgh, on that lake, commanded by Gen- eral Macomb. They had also a fleet on the lake, of four armed vessels and fen gunboats and galleys, under the command of Commodore Macdo- 368 ADMINISTRATION OF MADISON. nough. The British fleet, under Commodore Downie, consisted of four armed vessels and thirteen gunboats. The British army arrived before Pittsburgh on the 6th of September, and on the llth a simultaneous at- tack was made by land and water, on the American forces. After an action of two hours, the guns of the enemy's squadron were silenced, the larger vessels were captured, three of the gunboats were sunk, and the others escaped down the lake. The battle OH the land continued during the day, but after being repulsed three times, in attempting to storm the American works, and witnessing the capture of their fleet, the English retreated about dusk. Their loss in killed, wounded, taken, and desert- ers, was about 2,500 men. On the Atlantic coast various events of interest occurred during the year. Among the most important were the affairs on the borders of the Chesapeake bay and the Potomac river. On the 19th of August, a British army of 5,000 men, under General Ross, landed on the Patuxent and com- menced a march toward Washington city. The American flotilla under Commodore Barney was abandoned and burnt. Advancing by the way of Bladensburg, the British army was met by a small body of seamen and marines, but the latter were soon overpowered, and the commodore taken prisoner. The enemy then proceeded to Washington, and on the 24th burnt the capitol, the president's house, and other public buildings, afiei which they retreated to their ships. There were a few regular troops, under General Winder, and some militia regiments, in the vicinity of Washington, but they made but a feeble resistance to the British army, and soon fled. The president, and the secretaries of state, war, and the navy, were in the camp, and narrowly escaped capture, by a timely flight. A British squadron had in the meantime ascended the Potomac, #nd on the 29th appeared before Alexandria, and as that city was destitute of any means of defence, the inhabitants were compelled to ransom the placo by giving up to the enemy the merchandise on sale in the city, and the ship- ping at the wharves. General Ross, after his return to the British fleet with his troops, re- solved to lead them to an attack upon Baltimore. But the citizens of that place made extensive preparations for a defence, and the militia of the city and vicinity, forming an army of 15,000 men, were placed under arms, to meet the enemy. The British fleet passed up the Patapsco and bombarded Fort M'Henry, and the army vas landed at North point, fourteen miles below Baltimore. Being repulsed in their attack upon Fort M'Henry, and having lost their commander, General Ross, who was killed in a skirmish with a part of the American troops, the British retired to their ships, on the 1 4th of September, and soon after left the Chesapeake. On the coasts of New England, British squadrons were constantly kept up ; and fleets were also stationed off the harbor of New-York, and in ADMINISTRATION OF MADISON. 369 Delaware bay. The port of Stonington, in Connecticut, was bombarded in August, but the militia being assembled in great numbers for defence, no landing was effected in that quarter by the British troops. During the summer, that part of Maine which lies east of the Penobscot river was occupied by the enemy, and the United States frigate Adams and man} merchant vessels lying in the Penobscot river, and others, were destroyed or fell into their hands. The blockade of the harbors kept a considerable part of the American navy from opportunities of adventuring at sea, but several of the national ships-of-war, and numerous privateers, were still able to elude the vigi- lance of the enemy and to keep the seas. The actions fought by vessels of the navy and by privateers, were highly creditable to American valor and nautical skill, although sometimes overpowered by superior force. On the 28th of March the frigate Essex was taken in the harbor of Valparai- so, on the Pacific ocean, after a desperate action, by two British vessels, the frigate Phoebe and the Cherub sloop-of-war. The other actions of note this year by the navy, were the capture of the British sloop-of-wai Epervier, in the gulf of Mexico, by the new United States sloop-of-wai Peacock, and the sloop-of-war Wasp, Captain Blakeley. captured in sue cession, in the English channel, the Reindeer and Avon, two vessels oi similar force with herself. She also made prizes of numerous British merchant vessels. The United States frigate President, Commodore Decatur, on sailing from the port of New York, in January, 181 5, was captured by a British fleet but the two last naval actions of the war were favorable to the Americans In February, 1815, the frigate Constitution captured at the same time two vessels-of-war, the Cyane and Levant, off the island of Madeira, and in March the United States sloop-of-war Hornet captured the brig Penguin, off the coast of Brazil. The last important action of the war was the battle of New Orleans, on the 8th of January, 1815, when General Jackson, with 6,000 men, de- feated a British army of 12,000 men under General Packenham. Th loss of the British on that occasion was 700 killed and 1,000 wounded; among the former was the commander-in-chief ; and the next in command, Generals Gibbs and Keene, were severely wounded. The loss of the Americans was only seven killed and six wounded. The British army withdrew after the action, and retreated to their shipping. The celebrated Hartford convention was held at the close of the year 1814. The cause and circumstances of that affair were in substance as follows, as stated by the secretary of the convention : The situation of the New England states during the year 1814, was in the highest degree critical and dangerous. The services of the militia for two years, had been extremely severe ; they were constantly taken from their farms and their ordinary occupations, and in addition to all the VOL. I. 24 370 ADMINISTRATION OF MADTSOW. losses which such a state of things must necessarily produce, they were subjected to the hardships and hazards of a camp, and the life of a soldier. In the meantime the United States had withheld all supplies for the main- tenance of the militia for the year 1814, both in Massachusetts and Con- necticut, and thus forced upon the states the burden of supporting the troops employed in defending their coasts from invasion, and their towns from being sacked and pillaged. And all this time the taxes laid to carry on the war were exacted from those states with the most rigorous prompt- ness. It had become apparent, that if the New England states were res- cued from the effects of these calamities at all, it must depend, as far as human means were concerned, upon their own exertions. In Massachusetts the danger to which the inhabitants near the seacoast were exposed, had spread an alarm through the commonwealth. Early in the year 1814, memorials from a great number of towns, from the inte- rior as well as near the coast, were forwarded to the legislature, praying that body to exert their authority to protect the citizens in their constitu- tional rights and privileges, and suggesting the expediency of appointing delegates " to meet delegates from such other states as might think proper to appoint them, for the purpose of devising proper measures to procure the united efforts of the commercial states, to obtain such amendments and explanations of the constitution as will secure them from further evils." These memorials were referred to a joint committee of the senate and house of representatives in Massachusetts, who, although approving of the sentiments of the memorials, reported against the expediency of the pro- posed convention at that time. The legislature adopted this report in Feb- ruary, 1814, but in October following, resolutions in favor of the conven- tion were adopted, by large majorities, and twelve delegates were ap- pointed, by a vote of 226 to 67, in a convention of both houses of the legislature. A circular was addressed to the executive magistrates of the other states, to be laid before their respectiye legislatures, inviting them to ap- point delegates to the proposed convention, if they should deem it expedi- ent, and stating the objects of the conference to be to deliberate upon the dangers to which the eastern section was exposed by the course of the war, and to devise, if practicable, means of security and defence which might be consistent with the preservation of their resources from total rum, and not repugnant to their obligations as members of the Union. It ^regarding the prosperous and happy condition of our country, to rec- ommend the repeal of these taxes at this time, I shall, nevertheless, be attentive to events, and, should any future emergency occur, be not less prompt to suggest such measures and burdens as may then be requisite and proper. SECOND ANNUAL MESSAGE. NOVEMBER 17, 1818. Fellow- Citizens of the Senate and House of Representatives : THE auspicious circumstances under which you will commence the du ties of the present session will lighten the burden inseparable from tho high trusts committed to you. The fruits of the earth have been unu- sually abundant, commerce has flourished, the revenue has exceeded the most favorable anticipation, and peace and amity are preserved with for- eign nations on conditions just and honorable to our country. For these inestimable blessings we can not but be grateful to that Providence which watches over the destinies of nations. As the term limited for the operation of the commercial convention with Great Britain will expire early in the month of July next, and it was deemed important that there should be no interval during which that portion of our commerce which was provided for by that convention should not be regulated, either by arrangement between the two 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 to 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, embracing i!l these objects. On full consideration of the great extent and magni- tude of the trust, it was thought proper to commit it to not less than two of our distinguished citizens, and in consequence, the envoy extraordinary and minister plenipotentiary of the United States at Paris has been as- sociated with our envoy extraordinary and minister plenipotentiary at Lon- don, 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, MONROE'S SECOND ANNUAL MESSAGE. 405 that to prevent any inconvenience resulting from the delay to a negotiation on so many important subjects, it was agreed before entering on it that the existing convention should be continued for a term not less than eight years. Our relations with Spain remain nearly in the state in which they were at the close of the last session. The convention of 1802, providing for the adjustment of a certain portion of the claims of our citizens for inju- ries sustained by spoliation, and so long suspended by the Spanish govern- ment, has at length been ratified by it ; but no arrangement has yet beeu made for the payment of another portion of like claims, not less extensive or well founded, or for other classes of claims, or for the settlement of boundaries. These subjects have again been brought under considera- tion in both countries, but no agreement has been entered into respecting them. In the meantime, events have occurred which clearly prove the ill effect of the policy which that government has so long pursued, on the friendly relations of the two countries, which it is presumed is at least of as much importance to Spain as to the United States to maintain. A state of things has existed in the Floridas, the tendency of which has been obvious to all who have paid the slightest attention to the progress of affairs in that quarter. Throughout the whole of those provinces t'j which the Spanish title extends, the government of Spain has scarcely been felt. Its authority has been confined almost exclusively to the walls of Pensacola and St. Augustine, within which only small garrisons have been maintained. Adventurers from every country, fugitives from justice, and absconding slaves have found an asylum there. Several tribes of Indians, strong in the number of their warriors, remarkable for their fe- rocity, and whose settlements extend to our limits, inhabit those provinces. These different hordes of people, connected together, disregarding, on the one side, the authority of Spain, and protected on the other by an imagi- nary line which separates Florida from the United States, have violated our hws prohibiting the introduction of slaves, have practised various frauds on our revenue, and committed every kind of outrage on our peaceable citizens which their proximity to us enabled them to perpetrate. The invasion of Amelia island last year by a small band of adventurers, not exceeding one hundred and fifty in number, who wrested it from the inconsiderable Spanish force stationed there, and held it several months, during which a single effort only was made to recover it, which failed, clearly proves how completely extinct the Spanish authority had become, as the conduct of those adventurers while in possession of the island, as distinctly shows the pernicious purposes for which their combination had been formed. This country had in fact become the theatre of every species of lawless adventure. With little population of its own. the Spanish authority al- most extinct, and the colonial governments in a state of revolution, hav- ing no pretensions to it, and sufficiently employed in their own concerns, it was in a great measure derelict, and the object of cupidity to every ad- venturer. A system of bucaniering 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 ef- fective force in Florida. With these tribes these adventurers had formed at an early period a connexion, with a view to avail themselves of that 406 MONROE'S SECOND ANNUAL MESSAGE. force to promote their own projects of accumulation and aggrandizement It is to the interference of some of these adventurers, in misrepresenting the claims and titles of the Indians to land, and in practising on their avage propensities, that the Seminole war is principally to be traced. Men who thus connect themselves with savage communities, and stimu- late them to war, which is always attended on their part with acts of bar- barity the most shocking, deserve to be viewed in a worse light than the savages. They would certainly have no claim to an immunity from the punishment which, according to the rules of warfare practised by the sav- ages, might justly be inflicted on the savages themselves. If the embarrassments of Spain prevented her from making an indemni- ty to our citizens for so long a time from her treasury, for their losses by spoliation and otherwise, it was always in her power to have provided it by the cession of this territory. Of this her government has been re- peatedly apprized, and the cession was the more to have been anticipated, as Spain must have known that in ceding it she would in effect cede what had become of little value to her, and would likewise relieve herself from the important obligation secured by the treaty of 1795, and all other com- promitments respecting it. If the United States, from consideration of these embarrassments, declined pressing their claims in a spirit of hostil- ity, the motive ought at least to have been duly appreciated by 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 forbearance can in no instance be justified. If it was proper to rely on amicable negotiations for an indemnity for losses, it would not have been so to have permitted the inability of Spain to fulfil 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-defence never ceases. It is among the most sacred and alike neces- sary to nations and 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 executive by an existing law was profoundly felt, that mask was not permitted to protect them. It was thought incumbent on the United States to suppress the establishment, and it was accordingly done. The combination in Florida for the unlawful purposes stated, the acts perpetrated by that combination, and, above all, the incitement of the Indians to massacre our fellow-citizeas of every age and of both sexes, merited a like treatment and received it. In pursuing these savages to an imaginary line in the woods, it would have been the height of folly to have suffered that line to protect them. Had that been done, the war would never cease. Even if the territory had been exclusively that of Spain, and her power complete over it, we had a right, by the law of nations, to follow the enemy on it, and to sub- due 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 MONROES SECOND ANNUAL MESSAGE. 407 that line would have given new encouragement to these savages, and new vigor to the whole combination existing there in the prosecution of all its pernicious purposes. In suppressing the establishment at Amelia island, no unfriendliness was manifested toward Spain, because the post was taken from a force which had wrested it from her. The measure, it is true, was not adopt- ed in concert with the Spanish government, or those in authority un- der it, because, in transactions connected with the war in which Spain and her colonies are engaged, it was thought proper, in doing justice to the United States, to maintain a strict impartiality toward both of the bel- ligerent parties without consulting or acting in concert with either. It gives me pleasure to state that the government of Buenos Ayres and Ve- nezuela, whose names were assumed, have explicitly disclaimed all par- ticipation in those measures, and even the knowledge of them until com- municated by this government, and have also expressed their satisfaction that a course of proceeding had been suppressed which, if justly irnpu- table 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 re- gret 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, which evinced their participation in the hostile purposes of that combination, and justified the confidence with which it inspired the savages that by (hose officers they would be protected. A conduct so incompatible with the friendly relations existing between the two countries, particularly with the positive obligation of the fifth article of the treaty of 1795, by which Spain was bound to restrain, even by force, those savages from acts of hostility against the United States, could not fail to excite surprise. The commanding general was convinced that he should fail in his object, that he should in effect accom- plish nothing, if he did not deprive those savages of the resource on which they had calculated, and of the protection on which they had relied, in making the war. As all the documents relating to this occurrence will be laid before Congress, it is not necessary to enter into further detail respecting it. Although the reasons which induced Major-General Jackson to take these p'osts 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 vio- lated their instructions, there was no disposition to impute to their govern- ment a conduct so unprovoked and hostile. An order was in consequence issued to the general in command there, to deliver the posts ; Pensacola, unconditionally, to any person duly authorized to receive it, and St. Marks, which is in the heart of the Indian country, on the arrival of a competent force to defend it against those savages and their associates. In entering Florida to suppress this combination, no idea was entertain- ed 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 determine it by proving to the savages and their associates that they could not be protected even there, yet the ami- cable relations existing between the United States and Spain could not be altered by that act alone. By ordering the restitution of the posts those 408 MONROE'S SECOND ANNUAL MESSAGE. relations were preserved. To a change of them the power of the execu- tive 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 territory in question, with the dangers inseparable from it ; and regarding the losses we have sustained for which indemnity has been so long withheld, and the injuries we have suffered through that territory, and her means of re- dress, she was likewise enabled to take with honor the course best calcu- lated 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 justifying his conduct, with a copy of the proceedings of the courts-martial in the trial of Arbuthnot and Ambristie ; and of the correspondence between the secretary of state and the minister plenipotentiary of Spain near this gov- ernment ; and of the minister plenipotentiary of the United States at Mad- rid, with the government of Spain, will be laid before Congress. The civil war which has so long prevailed between Spain and the prov- inces 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 oth- er information as has been received from other agents of the United States. It appears, from these communications, that the government of Buenos Ayres declared itself independent in July, 1816, having previously exer- cised the power of an independent government, though in the name of the king of Spain, from the year 1810 ; that the Banda Oriental, Entre lleos. and Paraguay, with the city of Santa Fe, all of which are also independ- ent, are unconnected with the present government of Buenos Ayre.s ; 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 Montevideo, and such other portions of the eastern bank of the La Plata as are held by Portugal, are still in posses- sion of Spain or in a certain degree under her influence. By a circular note addressed by the ministers of Spain to the allied powers, with whom they are accredited, it appears that the allies have Undertaken to mediate between Spain and the South American provinces, and that the manner and extent of their interposition would be settled by a congress which was to have met at Aix-la-Chapelle in September last. From the general policy and course of proceedings observed by the allied powers, in regard to this contest, it is inferred that they will confine their interposition to the expression of their sentiments, abstaining from the application of force. I state this impression that force will not be appli- ed, with the greatest 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 with regard to this con- test, and to conclude that it is proper to adhere to it, especially in the pres- ent state of affairs. MONROE'S SECOND ANNUAL MESSAGE. 409 I have great satisfaction in stating that our relations with France, Rus- ia, and other powers, continue on the most friendly basis. In our domestic concerns we have ample cause of satisfaction. The receipts into the treasury during the first three quarters of the year have exceeded seventeen millions of dollars. After satisfying all the demands which have been made under existing appropriations, including the final extinction of the old six 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 first day of January next, more than two millions of dollars. It is ascertained that the gross revenue which has accrued from the customs during the same period amounts to twenty-one millions of dollars, and that the revenue of the whole year may be estimated at not less than twenty-six millions. The sale of the public lands during the year hay also greatly exceeded, both in quantity and price, that of any former year, and there is just reason to expect a progressive improvement in that source of revenue. It is gratifying to know, that although the annual expenditure has been increased, by the act of the last session of Congress providing for revolu- tionary 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 proportionably augmented, and that while the public expenditure will proba- bly remain stationary, each successive year will add to the national re- sources by the ordinary increase of population, and by the gradual devel- opment of our latent sources of national prosperity. The strict execution of the revenue laws, resulting principally from the salutary provisions of the act of the 20th of April last amending the several collection laws, has. it is presumed, secured to domestic manufactures all the relief that can be derived from the duties which have been imposed upon foreign merchandise for their protection. Under the influence of this relief, several branches of this important national interest have as- sumed greater activity, and although it is hoped that others will gradually revive and ultimately triumph over every obstacle, yet the expediency of granting further protection is submitted to your consideration. The measures of defence authorized by existing laws have been pur- sued with the zeal and activity due to so important an object, and with all the despatch 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 defence, 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 witli the Quapaw tribe of Indians, inhabiting the country on the Arkansas, and with the Great and Little Usages north of the White river; with the tribes in the state of Indiana; with the several tribes within the state of Ohio ar J the .Michigan territory ; and with the Chick 410 MONROE'S SECOND ANNUAL MESSAGE. 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 Nvhich it is expected that other extensive cessions will be made. 1 take great interest in stating that the cessions already made, which are considered so important to the United IS tales, have been obtained on conditions very satisi'actory to the Indians. With a view to the security of our inland frontiers, it has been thought expedient to establish strong posts at the mouth of the Yellowstone river, and at the Mandan village on the Missouri, and at the mouth of St. Peter's on the Mississippi, at no great distance from our northern boundaries. It can hardly be presumed, while such posts are maintained in the rear of the Indian tribes, that they will venture to attack our peaceable inhabit- ants. A strong hope is entertained that this measure will likewise be productive of much good to the tribes themselves ; especially in promo- ting the great object of their civilization. Experience has clearly demon- strated that independent savage communities can not long exist within the limits of a civilized population. The progress of the latter has almost invariably terminated in the extinction of the former, especially of the tribes belonging to our portion of this hemisphere, among whom loftiness of sentiment and gallantry in action have been conspicuous. To civilize them, and even to prevent their extinction, it seems to be indispensable that their independence as communities should cease, and that the con- trol of the United States over them should be complete and undisputed. The hunter state will then be more easily abandoned, and recourse will be had to the acquisition and culture of land, and to other pursuits tend- ing to dissolve the ties which connect them together as a savage com- munity, and to give a new character to every individual. I present this subject to the consideration of Congress, on the presumption that it may be found expedient and practicable to adopt some benevolent provisions, having these objects in view, relative to the tribes within our settlements. It has been necessary during the present year to maintain'a strong na- val force in the Mediterranean and the gulf of Mexico, and to send some public ships along the southern coast and to the Pacific ocean. By these means amicable relations with the Barbary powers have been preserved, our commerce has been protected, and our rights respected. The aug- mentation of our navy is advancing with a steady progress toward the limit contemplated by law. I communicate with great satisfaction the accession of another state, Illinois, to our Union ; because 1 perceive, from the proof aflbrded by the additions already made, the regular progress and sure consummation ot a policy of which history afibrds no example, and of which the good effect can not be too highly estimated. By extending our government, on the prin- ciples of our constitution, over the vast territory within our limits, on the lakes and the Mississippi and its numerous streams, new life and vigor are infused into every part of our system. By increasing the number of the states, the confidence of the state governments in their own security is increased, and their jealousy of the national government proportionably diminished. The impracticability of one consolidated government for this great and growing nation will be more apparent and will be universally admitted. Incapable of exercising local authority, except for general pur- poses, the general government will no longer be dreaded. In those cases of a local nature, and for all the great purposes for which it was insti- MONROE'S THIRD ANNUAL MESSAGE. 411 tutcd. its authority will be cherished. Each government will acquire new force and a greater freedom of action within its proper sphere. Other inestimable advantages will follow. Our produce will be augmented to an incalculable amount in articles of the greatest value for domestic use and foreign commerce. Our navigation will in like degree be increased, and as the shipping of the Atlantic states will be employed in the transporta- tion of the vast produce of the western country, even those parts of the United States which are the most remote from each other will be further bound together by the strongest ties which mutual interest can create. The situation of this district, it is thought, requires the attention of Congress. By the constitution, the power of legislation is exclusively vested in the Congress of the United States. In the exercise of this power, in which the people have no participation, Congress legislate, in all cases, directly on the local concerns of the district. As this is a de- parture, for a special purpose, from the general principles of our system. it may merit consideration whether an arrangement better adapted to the principles of our government, and to the particular interest of the people, may not be devised, which will never infringe the constitution nor affect the object which the provision in question was intended to secure. The growing population, already considerable, and the increasing business of the district, which it is believed already interferes with the deliberations of Congress on great national concerns, furnish additional motives for recommending this subject to your consideration. When we view the great blessings with which our country has been favored, those which we now enjoy, and the means which we possess of handing them down unimpaired to our latest posterity, our attention is irresistibly drawn to the source from whence they flow. Let us then unite in offering our most grateful acknowledgments for these blessings to the Divine Author of all good. THIRD ANNUAL MESSAGE. i DECEMBER 7, 1819. Fellow- Citizens of the Senate and House of Representatives : THE public buildings being advanced to a stage to afford accommoda- tion to Congress, I offer you my sincere congratulation on the recom- mencement of your duties in the capitol. In bringing to view the incidents most deserving attention which have occurred since your last session, I regret to have to state that several of our principal cities have suffered by sickness, that an unusual drought has prevailed in the middle and western states, and that a derangement has been felt in some of our moneyed institutions which has proportionally affected their credit. I am happy, however, to have it in my power to assure you that the health of our cities is now completely restored ; that the produce of the year, though less abundant, will not only be amply suffi- cient for home consumption, but afford a large surplus for the supply of the wants of other nations : that the derangement in the circulating paper medium, by being left to those remedies which its obvious causes suggest- ed and the good sense and virtue of our fellow-citizens supplied, has diminished. 412 MONROK'S THIRD ANNUAL MESSAGE. Having informed Congress, on the 27th of February last, that a treaty of amity and settlement of limits had been concluded in this city between the United States and Spain, and ratified by the competent authorities of the former, full confidence was entertained that it would have been ratified by his catholic majesty with equal promptitude, and a like earnest desire to terminate on the conditions of that treaty the differences which had so long existed between the two countries. Every view which the subject admitted of was thought to have justified this conclusion. Great losses had been sustained by citizens of the United States from the Spanish cruisers, more than twenty years before, which had not been redressed. These losses had been acknowledged and provided for by a treaty as far back as the year 1802, which, although concluded at Madrid, was not then ratified by the government of Spain, nor since, until the last year, when it was suspended by the late treaty, a more satisfactory provision to both parties, as was presumed, having been made for them. Other differ- ences had arisen in this long interval, affecting their highest interests, which were likewise provided for by this last treaty. The treaty itself was formed on great consideration, and a thorough knowledge of all cir- cumstances, the subject-matter of every article having been for years under discussion, and repeated references having been made by the minister of Spain to this government, on the points respecting which the greatest dif- ference of opinion prevailed. It was formed by a minister duly authoriz- ed for the purpose, who had represented his government in the United States, and been employed in this long-protracted discussion several years, and who, it is not denied, kept strictly within the letter of his in- structions. The faith of Spain was therefore pledged, under circumstances of peculiar force and solemnity, for its ratification. On the part of the United States this treaty was evidently acceded to in a spirit of concilia- tion and concession. The indemnity for injuries and losses so long be- fore sustained, and now again acknowledged and provided for, was to be paid by them without becoming a charge on the treasury of Spain. For territory ceded by Spain, other territory of great value, to which our claim was believed to be well founded, was ceded by the United States, and in a quarter more interesting to her. This cession was nevertheless receiv- ed as the means of indemnifying our citizens in a considerable sum, the presumed amount of their losses. Other considerations of great weight urged the cession of the territory by Spain. It was surrounded by the territories of the United States on every side except on that of the ocean. Spain had lost its authority over it, and falling into the hands of adven- turers connected with savages, it was made the means of unceasing an- noyance .and injury to our Union in many of its most essential interests. By this cession, then, Spain ceded a territory in reality of no value to her, and obtained concessions of the highest importance by the sell lenient of long-standing differences with the United States affecting their respective claims and limits, and likewise relieved herself of the obligation of a treaty relating to it which she has failed to fulfil, and also from the respon- sibility incident to the most flagrant and pernicious abuses of her rights where she could not support her authority. It being known that the treaty was formed under these circumstances, not a doubt was entertained that his catholic majesty would have ratified it without delay. I regret to have to state that this reasonable expecta- tion has been disappointed ; and the treaty was not ratified within the time stipulated, and has not been ratified. As it is important that the na- MONROE'S THIRD ANNUAL MESSAGE. 413 ture and character of this unexpected occurrence should be distinctly understood, I think it my duty to communicate to you all the facts and cir- cumstances in my possession relating to it. Anxious to prevent any 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 recently appointed to his catholic majesty, and to whom the ratification by his government had been committed to be exchanged for that of Spain, was instructed to transmit the latter to the department of state as soon as obtained, by a public ship subjected to his order for the purpose. Unex- pected delay occurring in the ratification by Spain, he requested to be in- formed of the cause. It was stated in reply that the great importance of the subject, and a desire to obtain explanations on certain points which were not specified, had produced the delay and that an envoy would be despatched to the United States to obtain such explanations of this gov- ernment. The minister of the United States offered to give full explana- tion on any point on which it might be desired ; which proposal was de- clined. Having communicated this result to the department of state in August last, he was instructed, notwithstanding the surprise and disap- pointment which it produced, to inform the government of Spain, that if the treaty should be ratified and transmitted here at any time before the meeting of Congress it would be received and have the same effect as if it had been ratified in due time. This order was executed, the authorized communication was made to the government of Spain, and by its answer, which has just been received, we are officially made acquainted, for the first time, with the causes which have prevented the ratification of the treaty by his catholic majesty. It is alleged by the minister of Spain that this government had attempted to alter one of the principal articles of the treaty by a declaration which the minister of the United States had been ordered to present, when he should deliver the ratification by his govern- ment in exchange for that of Spain ; and of which he gave notice, explan- atory of the sense in which that article was understood. It is further alleged that this government had recently tolerated or protected an expe- dition from the United States against the province of Texas. These two imputed acts are stated as the reasons which have induced his catholic majesiy 10 withhold his raiification from the treaty, to ob'.ain explanations respecting which it is repeated that an envoy would be forthwith despatch- ed to the United States. How far these allegations will justify the con- duct of the government of Spain will appear on a view of the following facts, and the evidence which supports them. It will be seen by the documents transmitted herewith that the decla- ration mentioned relates to a clause in the eighth article concerning cer- tain grants of land recently made by his catholic majesty in Florida, which it was understood had conveyed all the lands which till then had been ungranted ; it was the intention of these parties to annul those lat- ter grants, and that clause was drawn for that express purpose and for no other. The date of these grants was unknown, but it was understood to be posterior to that inserted in the article ; indeed it must be obvious to all, that if that provision in the treaty had not the effect of annulling these grants, it would be altogether nugatory. Immediately after the treaty was concluded and ratified by this government, an intimation was received that these grants were of anterior date to that fixed on by the treaty, anrt 414 MONROE'S THIRD ANNUAL MESSAGE. 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 explana- tion on the subject which was immediately granted, and which corre- sponds with this statement. With respect to the other act alleged, that this government tolerated or protected an expedition against Texas, it is utterly without foundation. Every discountenance has invariably been given to every such attempt within the limits of the United States, as is fully evinced by the acts of the government and the proceedings of the courts. There being cause, however, to apprehend, in the course of the last summer, that some adventurers entertained views of the kind suggest- ed, the attention of the constituted authorities in that quarter was imme- diately drawn to them, and it is known that the project, whatever it might be, has utterly failed. These facts will, it is presumed, satisfy every impartial mind that the government of Spain has 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 aside, without the consent of the other, there would no longer be any rules applicable to such transactions between nations. By this proceeding, the government of Spain has rendered to the United States a new and very serious injury. It has been stated that a minister would be sent to ask certain explanations of this government. But if such were desired, why were they not asked within the time limited for the ratification ? Is it contemplated to open a new negotiation respecting any of the articles or conditions of the treaty ? If that were done, to what consequences might it not lead ? At what time and in what manner would a new negotiation terminate ? By this proceeding, Spain has formed a relation between the two countries which will justify any measures on the part of the Uuited States which a strong sense of injury and a proper regard for the rights and interests of the nation may dictate. In the course to be pursued, these objects should be constantly held in view and have their due weight. Our national honor must be main- tained, and a new and distinguished proof be afforded of that regard for justice and moderation which has invariably governed the councils of this free people. It must be obvious to all, that if the United States had been desirous of making conquests, or had been even willing to aggrandize themselves in that way, they could have had no inducement to form this treaty. They would have much cause of 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 considera- tion of Congress whether it will not be proper for the United States to carry the conditions of the treaty into effect in the same manner as if it had been ratified by Spain, claiming on their part all its advantages, and yielding to Spain those secured to her. By pursuing this course, we shall rest on the sacred ground of right, sanctioned in the most solemn manner by Spain herself by a treaty which she was bound to ratify ; for re- fusing to do which she must incur the censure of other nations, even those most friendly to her ; while, by confining ourselves within that limit, we can not fail to obtain their well-merited approbation. We must have peace MONROE'S THIRD ANNUAL MESSAGE. 415 on a frontier where we have been so long disturbed ; our citizens must be indemnified for losses so long since sustained, and for which indem- nity has been so unjustly withheld from them. Accomplishing these great objects, we obtain all that is desirable. But his catholic majesty has twice declared his determination to send a minister to the United States, to ask explanations on certain points, and to give them respecting his delay to ratify the treaty. Shall we act by taking the ceded territory and proceeding to execute the other condi- tions 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 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 be proper to make the law proposed for carrying the conditions of the treaty into ef- fect, should it be adopted, contingent ; to suspend its operations, upon the responsibility of the executive in such manner as to afford an opportu- nity for such friendly explanations as may be desired during the pres- ent 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 corre- spondence with the minister of Spain, and of such other documents as may be necessary to give a full view of the subject. In the course which the Spanish government have on this occasion thought proper to pursue, it is satisfactory to know that they have not been countenanced by any European power. On the contrary, the opinion and wishes both of France and Great Britain have not been withheld, either from the United States or from Spain, and have been unequivocal in favor of the ratification. There is also reason to believe that the sentiments of the imperial government of Russia have been the same, and that they have also been made known to the cabinet of Madrid. In the civil war existing between Spain and the Spanish provinces in this hemisphere, the greatest care has been taken to enforce the laws in- tended to preserve an impartial neutrality. Our ports have been equally open to both parties, and on the same conditions, and our citizens have been equally restrained from interfering in favor of either, to the prejudice of the other. The progress of the war, however, has operated manifestly in favor of the colonies. Buenos Ayres still maintains unshaken the in- dependence which it declared in 1816, and has enjoyed since 1810. Like success has attended Chili and the provinces north of the La Plata bor- dering 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 limits of a strict neutrality ; but it is not in their power to behold a conflict so vitally important to their neighbors withou* the sensibility and sympathy which naturally belong to such a case. It has been the steady purpose of this government to pre- vent that feeling leading to excess, and it is very gratifying to have it in 416 MONROE'S THIRD ANNUAL MESSAGE. my power to state, that so strong has been the sense, throughout the whole community, of what was due to ihe character and obligations of the nation, that few examples of a contrary kind have occurred. The distance of the colonies from ihe parent-country, and the great ex- tent of their population and resources, gave them advantages which it was anticipated at a very early period it would be difficult fur Spain to sur- mount. The steadiness, consistency, and success, with which they have pursued their object, as evinced more particularly by the undisputed sovereignty which Buenos Ayrcs has so long enjoyed, evidently give them a strong claim to the favorable consideration of other nations. These sen- timents, 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 be- come manifest to the world that the efforts of Spain to subdue those prov- inces will be fruitless, it may be presumed that the Spanish government itself will give up the contest. In producing such a determinaiion, it can not be doubted that the opinions 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 indispensa- ble to the morality of our citizens, that all violations of our neutrality should be prevented. No door should be left open for the evasion of our laws ; no opportunity afforded to any who may be disposed to take advan- tage of it to compromit the interest or honor of the nation. It is submitted, therefore, to the consideration of Congress, whether it may not be advisa- ble to revise the laws with a view to this desirable result. It is submitted, also, whether it may not be advisable 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 difliculty 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 mutually satisfac- tory to both countries, regulating upon principles of justice and reciprocity the commercial intercourse between the United States and the British possessions, as well in the West Indies as upon the continent of North America. The plenipotentiaries of the two governments not having been able to come to an agreement on this important interest, those of the United States reserved for the consideration of this government the pro- posals which had been presented to them as the ultimate oiler on the part of the British government, and which they were riot authorized to accept. On tneir transmission here* tney were examined with due deliberation, and the result of which was a new effort to meet the views of the British government. The minister of the United States was instructed to make a further proposal, which has not been accepted. It was, however, de- clined in an amicable manner. I recommend to the consideration of Con- gress whether further prohibitory provisions in the laws relating to this intercourse may not be expedient. It is seen with interest, that although it has not been practicable as yet to agree in any arrangement of this im- portant branch of their commerce, such is the disposition of the parties that each will view any regulations which the other may make respecting it in the most friendly light. By the fifth article of the convention, concluded on the 20th of October, 1818, it was stipulated that the differences which had arisen between the MONROE'S THIRD ANNUAL MESSAGE. 417 two governments, with regard to the true intent and meaning of the fifth article of the treaty of Ghent, in relation to the carrying away, by British officers, of slaves from the United States, after the exchange of the 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 de- cision 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 embarrassment which affected various parts of the Union, during the latter part of the preceding year have, during the present, been considerably augmented, and still continue to exist, the receipts into the treasury to the 30th of September last have amounted to nineteen millions of dollars. After defraying the current expenses of the govern- ment, including the interest and reimbursement of the public debt, paya- ble to that period, amounting to eighteen millions two hundred thousand dollars, there remained in the treasury on that day more than two millions five hundred thousand dollars, which, with the sums receivable during the remainder of the year, will exceed the current demands upon the treasury for the same period. The causes which have tended to diminish the public receipts could not fail to have a corresponding effect upon the revenue which has ac- crued upon imposts and tonnage during the first three quarters of the present year. It is, however, ascertained, that the duties which have been secured during that period exceed eighteen millions of dollars, and those of the whole year will probably amount to twenty-three millions of dollars. For the probable receipts of the next year I refer you to the statements which will be transmitted from the treasury, which will enable you to judge whether further provision be necessary. The great reduction in the price of the principal articles of domestic growth, which has occurred during the present year, and the consequent fall in the price of labor, apparently so favorable to the success of domes- tic manufacture, 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 pecuniary aid neces- sary to avail themselves of the advantages resulting from the reduction of 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 ob- tained from other sources, owing to the loss of individual confidence from the failures which have recently occurred in some of our principal com- mercial cities. An additional cause of the depression of these establishments may prob- ably be found in 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, VOL. I. 27 418 MONROE'S THIRD ANNUAL MESSAGE. 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 manu- facture. Although this practice may from its nature be considered tempo- rary or contingent, it is not on that account less injurious in its effects. Uniformity in the demand and price of an article is highly desirable to the domestic manufacturer. It is deemed of great importance to give encouragement to our domestic manufactures. In what manner the evils adverted to may be remedied, and how far it may be practicable, in other respects, to afford to them fur- ther encouragement, paying due regard to all the other great interests of the nation, is submitted to the wisdom of Congress. The survey of the coast for the establishment of fortifications is now nearly completed, and considerable progress has been made in the collec- tion of materials for the construction of fortifications in the gulf of Mex- ico and in the Chesapeake bay. The works on the eastern bank of the Potomac below Alexandria, and on the Peapatch, in the Delaware, are much advanced, and it is expected that the fortifications at the Narrows, in the harbor of New York, will be completed the present year. To de- rive all the advantages contemplated from these fortifications, it was neces- sary that they should be judiciously posted, and constructed with a view to permanency. The progress hitherto has, therefore, been slow ; but as the difficulties in parts hitherto the least explored and known are sur- mounted, it will in future be more rapid. As soon as the survey of the coast is completed, which it is expected will be done early in the next spring, the engineers employed in it will proceed to examine for like purposes, the northern and northwestern frontiers. The troops intended to occupy a station at the mouth of the St. Peter's on the Mississippi, have established themselves there, and those which were ordered to the mouth of the Yellowstone, on the Missouri, have as- cended that river to the Council Bluffs, where they will remain until 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 ship-building. It is not doubted that our navy will soon be augmented to the number, and placed in all respects on the footing, provided for by law. The board, consisting of engineers and naval officers, have not yet made their final report of sites for two naval depots, as instructed, according to the resolution of March 18th and April 20th, 1818, but they have ex- amined the coast therein designated, and their report is expected in the next month. For the protection of our commerce in the Mediterranean, along the southern Atlantic coast, in the Pacific and Indian oceans, it has been found necessary to maintain a strong naval force, which it seems proper for the present to continue. There is much reason to believe that if any portion of the squadron heretofore stationed in the Mediterranean should be withdrawn, our intercourse with the powers bordering on that sea would be much interrupted, if not altogether destroyed. Such, too, has been the growth of a spirit of piracy in the other quarters mentioned, by adventur- ers from every country, in abuse of the friendly flags which they have .Assumed, that not to protect our commerce there would be to abandon ii MONROE'S FOURTH ANNUAL MESSAGE. 419 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 ses- sion. Orders have been given to the commanders of all our public ships, to seize all vessels navigated under our flag engaged in that trade, and to bring them in, to be proceeded against in the manner prescribed by that law. It is hoped that these vigorous measures, supported by like acts by other nations, will soon terminate a commerce so disgraceful to the civil- ized 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 bus been sustained by the death of Commodore Perry. His gallantry in a brilliant exploit in the late war added to the renown of his country. His death is deplored as a national misfortune. FOURTH ANNUAL MESSAGE. NOVEMBER 14, 1820. Fellow- Citizens of the Senate and 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, taking all circumstances into consideration which claim attention, I see much cause to rejoice in the felicity of our situation. In making this remark, I do not wish to be understood to imply that an unvaried prosperity is to be seen in every interest of this great community. In the progress of a nation inhabiting a territory of such vast extent and great variety of climate, every portion of which is engaged in foreign commerce, and liable to be affected in some degree by the changes which occur in the condition and regula- tions of foreign countries, it would be strange if the produce of our soil and the. industry and enterprise of our fellow-citizens received, at all times and in every quarter, a uniform and equal encouragement. This would be more than we would have a right to expect under circumstances the most favorable. Pressures on certain interests, it is admitted, have been felt ; but allowing to these their greatest extent, they detract but little from the force of the remarks already made. In forming a just estimate of ov.r present situation, it is proper to look at the whole in the outline as well ns in the detail. A free, virtuous, and enlightened people know well the groat principles and causes on which their happiness depends, and eve-i those who suffer most occasionally in their transitory concerns, find great relief under their sufferings from the blessings which they otherwise enjoy, and in the consoling and animating hope which they administer. From whence do these pressures come ? Not from a government which is founded by, administered for, and supported by the people. We tracn them to the peculiar character of the epoch in which we live, and to the extraordinary occurrences which have signalized it. The convulsions with which several of the powers of Europe have been shakjen, and the long and destructive wars in which all were engaged, witli their sudden transition to a state of peace, presenting in the first instance unusual en- courage merit to our commerce, and withdrawing it in the second, ov;.n within its wonted limif, could not fail to be sensibly felt here. The sta- 420 MONROES FOURTH ANNUAL MESSAGE. lion, too, which we had to support through this long conflict, compelled as \ve were, finally, to become a party to it with a principal power, and to inoke 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 fcelow it, had likewise its due effect. It is manifest that the pressures of which we complain have proceeded i:i a great measure from these causes. When, then, we take into view ('is prosperous and happy condition of our country in all the great circum- stances 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 com- jilete effect in every part without being felt in any, except by the ample protection which it affords, and under state governments which perform their equal share according to a wise distribution of power between them, iu promoting the public happiness it is impossible to behold so gratifying, so glorious a spectacle, without being penetrated with the most profound and grateful acknowledgments to the Supreme Author of all good for such manifold and inestimable blessings. Deeply impressed with these senti- ments, I can not regard the pressures to which 1 have adverted otherwise than in the light of mild and instructive admonitions ; warning us of dan- gers to be shunned in future ; teaching us lessons of economy correspon- ding with the simplicity and purity of our institutions, and best adapted to their support ; evincing the connexion and dependence which the various parts of our happy Union have on each other, thereby augmenting daily our social incorporation, and adding by its strong ties new strength and vigor to the political ; opening a wider range, and with new encourage- inent, to the industry and enterprise of our fellow-citizens at home and abroad ; and more especially by the multiplied proofs which it has accu- mulated of the great perfection of our most excellent system of govern- ment, the powerful instrument in the hands of an 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 *tate of Europe is unsettled, and how long peace may be preserved is altogether uncertain ; in addition to which, we have interests of our own to adjust, which will require particular attention. A correct view of our relations with each power will enable you to form a just idea of existing difficulties, and of the measures of precaution best adapted to them. Respecting our relations with Spain, nothing explicit can now be 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 ratification should be received in exchange for that of the United States heretofore given liy 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 sub- MONROE'S FOURTH ANNUAL MESSAGE. 421 ject under consideration. The result of the deliberations of that body, which is daily expected, will be made known to Congress as soon as it is received. The friendly sentiment which was expressed on the part of the United States, in the message of the 9th of May last, is still enter- tertained for Spain. Among the causes of regret, however, which are inseparable from the delay attending this transaction, it is proper to staie that satisfactory information has been received that measures have been recently adopted, by designing persons, to convert certain parts of the province of East Florida into depots for the reception of foreign goods, from whence to smuggle them into the United States. By opening a port within the limits of Florida, immediately on our boundary, where there was no settlement, the object could not be misunderstood. An early ac- commodation 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 sat- isfactory 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 exper- iment 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 jovernmento to the decision of the emperor of Rus- sia, who has accepted the uiupirisre. An attempt has been made with the government of France to regulate, by treaty, the commerce between the two countries, on the principle of reciprocity and equality. By the last communication from the minister plenipotentiary of the United States at Paris, to whom full power had been given, we learn that the negotiation had been commenced there, but serious difficulties having occurred, the French government had resolved to transfer it to the United States, for which purpose the minister pleni- potentiary of France had been ordered to repair to this city, and whosu arrival might soon be expected. It is hoped that this important interest may be arranged on just conditions and in a manner equally satisfactory to both parties. It is submitted to Congress to decide, until such arrange- ment is made, how far it may be proper on the principle of the act ol' 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 duty on French ves- sels, having been in force from and after the first day of July, it has hap- pened that several vessels of that nation, which had been despatched from France before its existence was known, have entered the ports of tlm United States, and been subject to its operation, without that previous no- tice which the general spirit of our laws gives to individuals in similar cases. The object of that law having boon merely to countervail ine- qualities which existed to the disadvantage of the United States in their commorc-ial intercourse with France, it is submitted also to the consider- ation 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 pro- 422 MONROE'S FOURTH ANNUAL MESSAGE. serve in their intercourse with other powers, it may not be propti to ex- tend relief to the individuals interested in those cases, by exempting from the operation of the law all those vessels which have entered our ports without having had the means of previously knowing the existence of the additional duty. The contest between Spain and the colonies, according to the most authentic information, is maintained by the latter with improved success. The unfortunate divisions which were known to exist some time since at Buenos Ayres, it is understood, still prevail. In no part of South America has Spain made any impression on the colonies, while in many parts, and particularly in Venezuela and New Granada, the colonies have gained strength and acquired reputation, both for the management of a 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 re- establishment of the constitution of 1812, is an event which promises to be favorable to the revolution. Under the authority of the Cortes, the Congress of Angostura was invited to open a negotiation for the 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 a 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 per- suaded, 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 hold 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 gov- ernment. The revenue depends on the resources of the country, and the facility by which the amount required is raised, is a strong proof of the extent of the resources and of the efficiency of the government. A few prominent facts will place this great interest in a just light before you. On the 30th of September, 1815, the funded and floating debt of the United States was estimated at one hundred and nineteen millions .six hundred and thirty-five thousand five hundred and fifty-eight dollars. I f to this sum be added the amount of five per cent, stock subscribed to the Bank of the United States, the amount of Mississippi stock, and of the stock which was issued subsequently to that date, the balances ascer- tained to be due to certain states for-military services, and to individuals for supplies furnished and services rendered during the late war, the public debt may be estimated as amounting, at that date, and as after- ward liquidated, to one hundred and fifty-eight millions seven hundred tind thirteen thousand and forty-nine dollars. On the 30th of September, 1 820, it amounted to ninety-one millions one hundred and ninety-three thou- sand eight hundred and eighty-three dollars, having been reduced, in that interval, by payments of sixty-six millions eight hundred and seventy-nine thousand one hundred and sixty-five dollars. During this term the expenses of the government of the United States were likewise defrayed in every MONROE'S FOURTH ANNUAL MESSAGE. 423 branch of the civil, military, and naval establishments ; the public edifices in this city have been rebuilt, with considerable additions ; extensive fortifications have been commenced ; and are in a train of execution ; permanent arsenals and magazines have been erected in various parts of the Union ; our navy has been considerably augmented, and the ordnance, munitions of war, and stores of the army and navy, which were much exhausted during the war, have been replenished. By the discharge of so large a portion of the public debt, and the ex- ecution of such extensive and important operations, in so short a time a just estimate may be formed of the great extent of our national resources. The demonstration is the more complete and gratifying, when it is rec- ollected that the direct tax and excise were repealed soon after the ter- mination of the late war, and that the revenue applied to these purposes had benen derived almost wholly from other sources. The receipts into the treasury, from every source, to the 30th of Sep- tember last, have amounted to sixteen millions seven hundred and ninety- four thousand one hundred and seven dollars and sixty-six cents ; while the public expenditures to the same period amounted to sixteen millions eight hundred and seventy-one thousand five hundred and thirty-four dol- lars and seventy-two cents ; leaving in the treasury, on that day, a sum estimated at one million nine hundred arid fifty thousand dollars. For the probable receipts of the following year I refer you to the statement which will be transmitted from the treasury. The sum of three millions of dollars, authorized to be raised by loan by an act of the last session of Congress, has been obtained upon terms ad- vantageous 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 five per centum per annum. It is proper to add, that there is now due to the treasury, for the sale of public lands, twenty-two millions nine hundred and ninety-six thousand five hundred and forty-five dollars. In bringing this subject to view, I consider it my duty to submit to ( 'ongress whether it may not be advisa- ble to extend to the purchasers of these lands, in consideration of the un- favorable change which has occurred since the sales, a reasonable indul- gence. It is known that the purchases were made when the price of every article had risen to its greatest heightj and that the instalments are becom- ing due at a period of great depression. It is presumed that some plan may be devised by the wisdom of Congress, compatible with the public interest, which would afford great relief to these purchasers. Considerable progress has been made, during the present season, in examining the coast and its various bays and other inlets ; in the collec- tion of materials and in the construction of fortifications for the defence 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 Rig- olets, leading to Lake Pontchartrain, materials to a considerable amount have been collected, and all the necessary preparations made for the com- mencement of the works. At Old Point Comfort, at the mouth of James river, and at the Rip-Raps, 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 next spring, and that on the Peapatch, in the 424 MONROE'S FOURTH ANNUAL MESSAGE. Delaware, in the 'course of the next season. Fort Diamond, at the Nar rows, in the harbor of New York, will be finished this year. The works at Boston, New York, Baltimore, Norfolk, Charleston, and Niagara, have been in part repaired ; and the coast of North Carolina, extending south to Cape Fear, has been examined, as have likewise other parts of the coast eastward of Boston. Great exertions have been made to push forward these works with the utmost despatch possible ; but when their extent is considered, with the important purposes for which they are in- tended, the defence 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 to- gether, combining security with economy, could not be prepared without repeated examinations of the most exposed and difficult parts, and that it would also take considerable time to collect the materials at the several points where they would be required. From all the light that has been shed on this subject, I am satisfied that every favorable anticipation which has been formed of this great undertaking will be verified, and that when completed, it will afford very great if not complete protection to our At- lantic frontier in the event of another war ; a protection sufficient to coun- terbalance, in a single campaign, with an enemy powerful at sea, the ex- pense of all these works, without taking into the estimate the saving of the lives of so many of our citizens, the protection of our towns and other property, or the tendency of such works to prevent war. Our military positions have been maintained at Belle point on the Ar- kansas, at Council Bluff on the Missouri, at St. Peter's on the Mississippi, and at Green bay on the upper lakes. Commodious barracks have already been erected at most of these posts, with such works as were necessary for their defence. Progress has also been made in opening communica- tions between them, and in raising supplies at each for the support of the troops by their own labor, particularly those most remote. With the Indians peace has been preserved, and a progress made in carrying into effect the act of Congress making an appropriation for their civilization, with a prospect of favorable results. As connected equally with both these objects, our trade with those tribes is thought to merit the attention of Congress. In their original state, game is their sustenance, and war their occupation ; and if they find no employment from civilized powers they destroy each other. Left to themselves, their extirpation is inevitable. By a judicious regulation of our trade with them, we supply their wants, administer to their comforts, and gradually, as the game retires, draw them to us. By maintaining posts far in the interior, we acquire a more thorough and direct control over them, without which it is confidently believed that a complete change in their manners can never be accomplished. By such posts, aided by a proper regulation of our trade with them, and a judicious civil administration over them, to be provided for by law, we shall, it is presumed, be enabled not only to protect our own settlements from their savage incursions, and to preserve peace among the several tribes, but accomplish also the great purpose of their civilization. Considerable progress has also been made in the construction of ships- of-war, some of which have been launched in the course of the present year. Our peace with the powers on the coast of Barbary has been preserved, but we owe it altogether to the presence of our squadron in the Mediterra- MONROE'S FOURTH ANNUAL MESSAGE. 425 nean. It has been found equally necessary to employ some of our vessels for the protection of our commerce in the Indian sea, the Pacific, and along the Atlantic coast. The interests which we have depending in those quarters, which have been much improved of late, are of great extent, and of high importance to the nation, as well as to the parties concerned, and would undoubtedly suffer if such protection was not extended to them. In execution of the law of last session, for the suppression of the slave-trade, some of our public ships have also been employed on the coast of Africa, where several captures have already been made of vessels engaged in that disgraceful traffic. 426 MONROE'S SECOND INAUGURAL ADDRESS. SECOND INAUGURAL ADDRESS. MARCH 4, 1821. FELLOW-CITIZENS : I shall not attempt to describe the grateful emo- tions which the new and very distinguished proof of the confidence of my fellow-citizens, evinced by my re-election 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 1 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 earn' it with me into my re- tirement, as the solace of my advancing years, will be the object of my most zealous and unceasing efforts. Having no pretensions to the high and commanding claims of my prede- cessors, whose names are so much more conspicuously identified with our revolution, and who contributed so pre-eminently to promote its success, 1 consider myself rather as the instrument, than the cause of the union which has prevailed in the late election. In surmounting, in favor of my humble pretensions, the difficulties which so often produce division in like occur- rences, it is obvious that other powerful causes, indicating the great strength and stability of our Union, have essentially contributed to draw you together. That, these powerful causes exist, and that they are perma- nent, is my fixed opinion ; that they may produce a like accord in all questions, touching, however remotely, the liberty, prosperity, and happi- ness of our country, will always be the object of my most fervent prayers to the Supreme Author of all good. In a government which is founded by the people, who possess 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 served 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 hon- orable to both parties. The events of that war are too recent, and too deeply impressed on the memory of all, to require a development from me. Our commerce had been, in a great measure, driven from the sea ; our Atlantic and inland frontiers were invaded in almost every part ; the waste of life along our coast, and on some parts of our inland frontiers, to the defence of which our gallant and patriotic citizens were called, was im- mense ; in addition to which, not less than one hundred and twenty mill- ions of dollars were added at its end to the public debt. As soon as the war had terminated, the nation, admonished by its events, ron)v*d tn phrp \tne\f ip -situation which should be better calculated to MONROE'S SECOND INAUGURAL ADDRESS. 427 prevent the recurrence of a like evil, and in case it should recur, to miti- gate its calamities. With this view, after reducing our land force to the basis of a peace establishment, which has been further modified since, provision was made for the construction of fortifications at proper points, through the whole extent of our coast, and such an augmentation of our naval force, as should be well adapted to both purposes. The laws making this provision were passed in 1815 and '16, and it has been, since, the con- stant 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 twenty thousand 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 defence with the aid of those works and that which would be incurred without them. The reason of this dif- ference is obvious. If fortifications are judiciously placed on our great inlets, as distant from our cities as circumstances will permit, they will form the only points of attack, and the enemy will be detained there by a small regular force, a sufficient time to enable our militia to collect, and repair to that on which the attack is made. A force adequate to the ene- my, collected at that single point, with suitable preparation for such others as might be menaced, is all that would be requisite. But, if there were no fortifications, then the enemy might go where he pleased, and, changing his position, and sailing from place to place, our force must be called out and spread in vast numbers along the whole coast, and on both sides of every bay and river, as high up in each as it might be navigable for ships- of-war. By these fortifications, supported by our navy, to which they would afford like support, we should present to other powers an armed front from the St. Croix to the Sabine, which would protect, in the event of war, our whole coast and interior from invasion ; and even in the wars of other powers, in which we were neutral, they would be found eminently useful, as, by keeping their public ships at a distance from our cities, peace and order in them would be preserved, and the government be protected from insult. It need scarcely be remarked, that these measures have not been re- sorted to in a spirit of hostility to other powers. Such a disposition does not exist toward any power. Peace and good will have been, and will hereafter be, cultivated with all, and by the most faithful regard for justice. They have been dictated by a love of peace, of economy, and an earnest desire to save 'lie lives of our fellow-citizens from that destruction, and our country from that devastation, which are inseparable from war, when it finds us unprepared for it. It is believed, and experience has shown, that such a preparation is the best expedient that can be resorted to, to prevent war. I add. with much pleasure, that considerable progress haa already been m;ide in these measures of defence, and that they will be completed in a few years, considering the great extent and importance of the object, if the plan be zealously and steadily persevered in. The conduct of the government, in what rehtes 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 bo affected by it. Attention is, therefore, due to this subject. At the period adverted to, the powers of Europe, after having been en- 428 MONROE'S SECOND INAUGURAL ADDRESS. gaged 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 Spuin and tho colonies of South America, which had commenced many years belbre, 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 parlies were entitled to equal rights in our ports. This decision, the first made by any power, being formed on great consid- eration of the comparative strength and resources of the parties, the length of lime, 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 with the strictest impartiality. No aid has been afforded to either, nor has any privilege been enjoyed by the one which has not been equally open to the other party, and every exertion has been made in its power, to enforce the execution of the laws prohibiting illegal equipments, with equal rigor against both. By this equality between the parties, their public vessels have been re- ceived in our ports on the same footing ; they have enjoyed an equal right to purchase and export arms, munitions of war, and every other supply, the exportation of all articles whatever being permitted under laws which were passed long before the commencement of the contest ; our citizens have traded equally with both, and their commerce with each has been alike protected by the government. Respecting the attitude which it may be proper for the United States to maintain hereafter between the parties, 1 have no hesitation in stating it as my opinion, that the neutrality heretofore observed should still be ad- hered to. From the change in the government of Spain, and the negotia- tion now depending, invited by the cortes and accepted by the colonies, it may be presumed that their differences will be settled on the terms pro- posed 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 look advantage of thib conflict, and of the facility which it afforded, to establish a system of buccaneering in the neighboring seas, to the great annoyance of the com- merce 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 i 8, the details of which, in both instances, are too well known to require to be now recited. I am satisfied, had a less decisive course been adopted, that the worst consequences would have resulted from it. We have seen that these checks, decisive as they were, were not sufficient to crush that pirat- ical spirit. Many culprits, brought within our limits have been condemned to sutler death, the punishment due to ihat atrocious crime. The decisions of upright and enlightened tribunals fall equally on all, whose crimes sub- ject them, by a fair interpretation of the law, to its censure. It belongs to the executive not to suffer the executions under these decisions to trail*- MONROE'S SECOND INAUGURAL ADDRESS. 429 cemi the great purpose for which punishment is necessary. The full ben- efit of example being secured, policy, as well as humanity, equally forbids that they should be carried further. 1 have acted on this principle, par- doning those who appear to have been led astray by ignorance of the criminality of the acts they had committed, and suffering the law to take effect on those only, in whose favor no extenuating circumstances could be urged. Great confidence is entertained, that the late treaty with Spain, which has been ratified by both the- parties, and the ratifications whereof have been exchanged, has placed the relations of the two countries on a basis of permanent friendship. The provision made by it for such of our citi- zens as have claims on Spain, of the character described, 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 ad- vantageous to both. But to the acquisition of Florida too much importance can not be attached. It secures to the United States a territory important in itself, and whose importance is much increased by its bearing on many of the highest interests of the Union. It opens to several of the neighbor- ing states a free passage to the ocean, through the province ceded, by sev- eral rivers, having their sources high up within their limits. It secures us against all future annoyance from powerful Indian tribes. It gives us several excellent harbors in the gulf of Mexico for ships-of-war of the largest size. It covers, by its position in the gulf, the Mississippi and other great waters within our extended limits, and thereby enables the United States to afford complete protection to the vast and very valuable productions of our whole western country, which find a market through those streams. By a treaty with the British government, bearing date on the 20th Octo- ber, 1818, the convention regulating the commerce between the United States and Great Britain, concluded on the 3d of July, 1815, which was about expiring, was revived and continued for the term of ten years from the time of its expiration. By that treaty, also, the differences which had arisen under the treaty of Ghent, respecting the right claimed by the Uni- ted States for their citizens, to take and cure fish on the coast of his Brit- annic majesty's dominions in America, with other differences on important interests, were adjusted, to the satisfaction of both parties. No agreement has yet been entered into respecting the commerce between the United States and the British dominions in the West Indies and on this continent. The restraints imposed on that commerce by Great Britain, and recipro- cated by the United States, on a principle of defence, 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 Mediterranean for the protection of our commerce, and no period has in- tervened, a short tern excepted, when it was thought advisable to with- draw it. The great interest which the United States have in the Pacific, 43d MONROK S SECOND INAUGURAL ADDRESS. 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 sixty-seven millions of dollars of the public debt, with the great progress made in measures of defence, and in other improvements of various kinds, since the late war are conclusive proofs of this extraordinary prosperity, especially when it is recollected, that these expenditures have been defrayed, without a bur- then on the people, the direct tax and excise having been repealed soon after the conclusion of the late war, a,nd the revenue applied to these great objects having been raised in a manner not to be felt. Our great resources, therefore, remain untouched, for any purpose which may affect the vital interests of the nation. For all such purposes they are inexhaustible. They are more especially to be found in the virtue, patriotism, and intelli- gence 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 defence, or to resort to loans or internal taxes, to supply the deficiency. On the presumption that this depression, and the defi- ciency in the revenue arising from it, would be temporary, loans were authorized for the demands of the last and present year. Anxious to re- lieve my fellow-citizens in 1817, from every burden 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 pecu- liarly 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 u& 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 fel- low-citizens, well knowing that they could never be made in vain, espe- cially in times of great emergency, or for purposes of high national impor- tance. Independently of the exigency of the case, many considerations of great weight urge a policy having in view a provision of revenue, to meet, to a certain extent, the demands of the nation, without relying alto- gether on the precarious resource of foreign commerce. I am satisfieu MONROE'S SECOND INAUGURAL ADDRESS. 431 that internal duties and excises, with corresponding imposts on foreign articles of the same kind, would, without imposing any serious burdens on the people, enhance the price of produce, promote our manufactures, and augment the revenue, at the same time that they made it more secure and permanent. The care of the Indian tribes within our limits has long been an 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 substantinl preten- sions to that rank. The distinction has flattered their pride, retarded their improvement, and, in many instances, paved the way to their destruction. The progress of our settlements westward, supported as they are by a dense population, has constantly driven them back, with almost the total sacrifice of the lands which they have been compelled to abandon. They have claims on the magnanimity, and, I may add, on the justice of this nation, which we must all feel. We should become their real benefactors ; we should perform the office of their great father, the endearing title which they emphatically give to the chief magistrate of our Union. Their sov- ereignty over territories should cease, in lieu of which, the right of soil should be secured to each individual and his posterity, in competent por- tions ; and for the territory, thus ceded by each tribe, some reasonable equivalent should be granted, to be vested in permanent funds for the sup- port of civil government over them, and for the education of their children, for their instruction in the arts of husbandry, and to provide sustenance for them until they could provide it for themselves. My earnest hope is, that Congress will digest some plan, founded on these principles, with such improvements as their wisdom may suggest, and carry it into effect as soon as it may be practicable. Europe is again unsettled, and the prospect of war increasing. Should the flame light up in any quarter, how far it may extend it is impossible to foresee. It is our peculiar felicity to be altogether unconnected with the causes which produce this menacing aspect elsewhere. With every power we are in perfect amity, and it is our interest to remain so, if it be practicable on just conditions. I see no reasonable cause to apprehend variance with any power, unless it proceed from a violation of our mari- time rights. In these contests, should they occur, and to whatever extent they may be carried, we shall be neutral ; but, as a neutral power, we have rights which it is our duty to maintain. For like injuries, it will be incumbent on us to seek redress in a spirit of amity, in full confidence that, injuring none, none would knowingly injure us. For more imminent dangers we should be prepared, and it should always be recollected, that such preparation, adapted to the circumstances, and sanctioned by the judgment and wishes of our constituents, can not fail to have a good effect, in averting dangers of every kind. We should recollect, also, that the season of peace is best adapted to these preparations. If we turn our attention, fellow-citizens, more immediately to the inter- nal concerns of our country, and more especially to those on which its fu- ture 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 pres:ie of ull that has since followed. A people who were able to sur- mount, in their infant state, such great perils, would be more competent, 432 MONROE'S SECOND INAUGURAL ADDRESS. as they rose into manhood, to repel any which they might meet in their progress. Their physical strength would be more adequate to foreign dan- ger, and the practice of self-government, aided by the light of experience, could not fail to produce an effect, equally salutary, on all those questions connected with the internal organization. These favorable anticipations have been realized. In our whole system, national and state, we have shunned all the defects which unceasingly preyed on the vitals and destroyed the ancient repub- lics. In them, there were distinct orders, a nobility and a people, or the people governed in one assembly. Thus, in the one instance, there was a perpetual conflict between the orders in society for the ascendency, in which the victory of either terminated in the overthrow of the government, and the ruin of the state. In the other, in which the people governed in a body, and whose dominions seldom exceeded the dimensions of a county in one of our states, a tumultuous and disorderly movement, permitted only a transitory existence. In this great nation there is but one order, that of the people, whose power, by a peculiarly happy improvement of the representative principle, is transferred from them, without impairing in the slightest degree their sovereignty, to bodies of their own creation, and to persons elected by themselves, in the full extent necessary, for all the purposes of free, enlightened, and efficient government. The whole sys- tem is elective, the complete sovereignty being in the people, and every officer, in every department, deriving his authority from, and being respon- sible 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 na- tional or state governments, or in tracing the line between their respective powers. But no serious conflict has arisen, nor any contest but such as are managed by argument, and by a fair appeal to the good sense of the people ; and many of the defects, which experience had clearly demon- strated in both governments, have been remedied. By steadily pursuing this course, in this spirit, there is every reason to believe that our system will soon attain the highest degree of perfection of which human institu- tions 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 civilised world. Our physical attainments have not been less eminent. Twenty-five years ago, the river Mississippi was shut up, and our western brethren had no outlet for their commerce. What has been the progress since that time? The river has not only become the property of the United States, from its source to the ocean, with all its tributary streams (wiih the excep- tion of the upper part of Red river only), but Louisiana, with a fair and liberal boundary on the western side, and the Floridas on the eastern, have been ceded to us. The United States now enjoy the complete and unin- terrupted 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 sov- ereignty with the original states. Our population has augmented in an astonishing degree, and extended in every direction. We now, fellow- citizens, comprise within our limits the dimensions and faculties of a great power, under a government possessing all the energies of any government ever known to the old world, with an utter incapacity to oppress the people. MONROE'S FIFTH ANNUAL MESSAGE. 433 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 depart- ments by the very enlightened and upright citizens from whom I have re- ceived 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 1 have heretofore experienced, and with a firm reliance on the protection of Almighty God, 1 shall forthwith commence the duties of the high trust to which you have called me. FIFTH ANNUAL MESSAGE. DECEMBER 3, 1821. To the Senate and House of Representatives of the United States : 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 power? 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 atten- tion has been paid to the great objects to which they extend. In the con- cerns which are exclusively internal, there is good cause to be satisfied with the result. The laws have had their due operation and effect. In those relating to foreign powers, I am happy to state that peace and amity are preserved with all, by a strict observance on both sides of the rights of each. In matters touching our commercial intercourse, where a 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 offence 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 committed, may be corrected ; that defects which have become manifest may be rem- edied ; and on the other hand, that measures which were adopted on due deliberation, and which experience has shown are just in themselves and essential to the public welfare, should be persevered in and supported. In performing this necessary and very important duty, I shall endeavor to place before you, on its merits, every subject that is thought to be entitled to your particular attention, in as distinct and clear a light as I may be able. By an act of the 3d of March, 1815, so much of the several acts as im- posed higher duties on the tonnage of foreign vessels, and on the manu- factures and productions of foreign nations, when imported into the United States in foreign vessels, than when imported in vessels of the United States, were repealed, so fur as respected the manufactured productions of the nation to which such vessels belonged, on the condition that the repeal should take effect only in favor of any foreign nation, when the executive should be satisfied that such discriminating duties to the disadvantage of the United States had likewise been repealed by such nation. By this act, a proposition was made to all nations to place our commerce with each on a basis which it was presumed would be acceptable to all. Every nation VOL. I. 28 434 MONROE'S FIFTH ANNUAL MESSAGE. was allowed to bring its manufactures and productions into our ports, and to take the manufactures and productions of the United States back to their ports, in their own vessels, on the same conditions that they might be transported in vessels of the United States ; and in return, it was re- quired that a like accommodation should be granted to the vessels of the United States in the ports of other power. The articles to be admitted or prohibited on either side, formed no part of the proposed arrangement. Each party would retain the right to admit or prohibit such articles from the other as it thought proper, and on its own conditions. When the nature of the commerce between the United States and every other country was taken into view, it was thought that this proposition would be considered fair, and even liberal, by every power. The exports of the United States consist generally of articles of the first necessity, and of rude materials in demand for foreign manufactories, of great bulk, re- quiring for their transportation many vessels, the return for which, in the manufactures and productions of any foreign country, even when disposed of there to advantage, may be brought in a single vessel. This observa- tion is the more especially applicable to those countries from which manu- factures alone are imported, but it applies in a great extent to the Euro- pean dominions of every European power, and in a certain extent to all the colonies of those powers. By placing, then, the navigation precisely on the same ground, in the transportation of exports and imports between the United States and other countries, it was presumed that all was offered which could be desired. It seemed to be the only proposition which could be devised which would retain even the semblance of equality in our favor. Many considerations of great weight gave us a right to expect that this commerce should be extended to the colonies, as well as to the European dominions of other powers. With the latter, especially with countries exclusively manufacturing, the advantage was manifestly on their side. An indemnity for that loss was expected from a trade with the colonies, and with the greater reason, as it was known that the supplies which the colonies derived from us were of the highest importance to them, their labor being bestowed with so much greater profit in the culture of other articles ; and because, likewise, the articles of which those supplies 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 in cases of great emergency, to avert a serious calamity. When no article is admit- ted which is not required to supply the wants of the party admitting it, and admitted then, not in favor of any particular country, to the disadvantage of others, but on conditions equally applicable to all, it seems just that the articles thus admitted and invited should be carried thither in the vessels of the country affording such supply, and that the reciprocity should be found in a corresponding accommodation oa the other side. By allowing each party to participate in the transportation of such supplies, on the payment of equal tonnage, strong proof was afforded of an accommodating spirit. To abandon to it the transportation of the whole would be a sacrifice which ought not to be expected. The demand in the present instance, would be the more unreasonable, in consideration of the great inequality existing in the trade of the parent-country. Such was the basis of our system, as established by the act of 1815, and such its true character. In the year in which this act was passed, a treaty was concluded with Great Britain, in strict conformity with its prin- MONROE'S FIFTH ANNUAL MESSAGE. 435 ciples, 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 ves- sels. To this claim the United States could not assent, and in conse- quence, each party suspended the intercourse in the vessels of the other, by a prohibition which still exists. The same conditions were offered to France, but not accepted. Her government has demanded other conditions more favorable to her naviga- tion, and which should also give extraordinary encouragement to her manufactures and productions in ports of the United States. To these it was thought improper to accede, and in consequence, the restrictive regu- lations which had been adopted on her part, being countervailed on the part of the United States, the direct commerce between the two countries, in the vessels of each party, has been in a great measure suspended. It is much to be regretted, that although a negotiation has been long pending, such is the diversity of views entertained on the various points which have been brought into discussion, that there does not appear to be any reasonable prospect of its early conclusion. It is my duty to state, as a cause of very great regret, that very serious differences have occurred in this negotiation, respecting the construction of the eighth article of the treaty of 1803, by which Louisiana was ceded to the United States, and likewise respecting the seizure of the Apollo, in 1820, for a violation of our revenue laws. The claim of the government of France has excited not less surprise than concern, because there does not appear to be a just foundation for it in either instance. By the eighth article of the treaty referred to, it is stipulated that, after the expiration of twelve years, during which time it was provided by the seventh or pre- ceding article that the vessels of France and Spain should be admitted 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 for ever afterward be placed on the footing of the most favored nation. By the obvious con- struction 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 stipulations would be changed. She would not only be placed on the footing of the most favored nation, but on a footing held by no other nation. She would enjoy all the advantages allowed to to them, in consideration of like advantages allowed to us, free from every and any condition whatever. As little cause has the government of France to complain of the seizure of \\ift Apollo, and the removal of other vessels from the waters of the St. Mary's. It will not be denied that every nation has a right to regulate its commercial system as it thinks lit, and to enforce the collection of its 4J6 MONROE'S FIFTH ANNUAL MESSAGE. revenue, provided it be done without an invasion of the rights of other powers. The violation of its revenue laws is an offence which all nations punish, the punishment of which gives no jusl. cause of complaint to the jw)W(>r 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 ho intended to carry on a legitimate circuitous commerce with the United States, he would have entered the port of some other power, landed his j/oods at the customhouse, according to law, and reshipped and sent them ii> the vessel of such power, or of some other power which might lawfully I>ring them, free from such duties, to a port of the United States. But the conduct of the party in this case was altogether different. He entered the river St. Mary's, the boundary line between the United States and Florida, and took his position on the Spanish side, on which, in the whole extent of the river, there was no town, no port or customhouse, and scarcely any settlement. His purpose, therefore, was, not to sell his goods to the in- habitants of Florida, but to citizens of the United States, in exchange for their productions, which could not be done without a direct and palpable lireach of our laws. It is known that a regular systematic plan had been formed by certain persons for the violation of our revenue system, which made it the more necessary to check the proceedings in its commence- ment. That the unsettled bank of a river so remote from the Spanish garrisons and population could give no protection to any party in such a practice, is believed to be in strict accord with the law of nations. It would not have comported with a friendly policy of Spain herself to have established a customhouse there, since it could have subserved no other purpose than lo elude our revenue law. But the government of Spain did not adopt that measure. On the contrary, it is understood that the captain-general of Cuba, to whom an application to that effect was made by these adventur- ers, had not acceded to it. The condition of those provinces for many years, before they were ceded to the United States, need not now be dwelt on. Inhabited by different tribes of Indians, and an inroad for every kind of adventurers, the jurisdiction of Spain may be said to have been almost exclusively confined to her garrisons. It certainly could not extend to pla- ces where she had no authority. The rules, therefore, applicable to set- tled 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 ratifi- cation of which had not been refused, and which has since been performed. Under any circumstances, therefore, Spain became less responsible for such acts committed there, and the United States more at liberty to exer- cise authority to prevent so great a mischief. The conduct of this govern- ment 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 complaints on her part, and the order to the collector of St. Mary's, in accord with it, were given two years before these cases occurred, and in reference to a breach which was attempted by the subjects of another power. The application, there- fore, to the cases in question, was inevitable. As soon as the treaty by which these provinces were ceded to the United States was ratified, and all dangei of further breach of our revenue laws ceased, an order was MONROE'S FIFTH ANNUAL MESSAGE. 437 given for the release of the vessel which had been seized, and for the dismission of the libel which had been instituted against her. The principles of this system of reciprocity, founded on the law of the 3d of March, 1815, have been since carried into effect with the kingdoms of the Netherlands, Sweden, Prussia, and with Hamburg, Bremen, Lubeck, and Oldenburg, with a provision made by subsequent laws in regard to the Netherlands, Prussia, Hamburg, and Bremen, that such produce and manufactures as could only be, or most usually were, first shipped from the ports of those countries, the same being imported in vessels wholly belonging to their subjects, should be considered and admitted as their own manufactures and productions. The government of Norway has, by an ordinance, opened the ports of that part of the dominions of the king of Sweden to the vessels of th United States, upon the 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, 1815, 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 bo 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 ne- cessary. The question concerning the construction of the first article of the treaty of Ghent, has been, by a joint act of the representatives of the United States and of Great Britain, at the court of St. Petersburg, submitted to the decision of his imperial majesty, the emperor of Russia. The result of that submission has not yet been received. The commissioners under the fifth article of that treaty not having been able to agree upon their de- cision, 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 2'f our resources, revalue, and progress in every kind of improvement con- 452 MONROE'S SEVENTH ANNUAL MESSAGE. Hocted with the national prosperity and public defence. 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 between the territories of the United States and of Great Britain, the establishment of which had been submitted to them, have made their respective reports, in compliance with that article, that the same might be referred to the de- cision of a friendly power. It being manifest, however, that it would be dillicult, if not impossible, for any power to perform that office, without great delay and much inconvenience to itself, a proposal has been made l>y this government, and acceded to by that of Great Britain, to endeavor to establish that boundary by amicable negotiation. It appearing, from long experience, that no satisfactory arrangement could be formed of the commercial intercourse between the United States and the British colonies in this hemisphere by legislative acts, while each party pursued its own .course without agreement or concert with the other, a proposal has been made to the British government to regulate this commerce by treaty, as it has been to arrange, in like manner, the just claim of the citizens of the United States, inhabiting the states and territories bordering on the lakes and rivers which empty into the St. Lawrence, to the navigation of that river to the ocean. For these and other objects of high importance to the interests of both parties, a negotiation has been opened with the British government, which it is hoped will have a satisfactory result. The commissioners under the sixth and seventh articles of the treaty of Ghent, having successfully closed their labors in relation to the sixth, have proceeded to the discharge of those relating to the seventh. Their progress in the extensive survey required for the performance of their duties, justifies the presumption that it will be completed in the ensuing year. The negotiation which had long been depending with the French gov- ernment on several important subjects, and particularly for a just in- demnity for losses sustained in the late wars by citizens of the United States, under unjustifiable seizures and confiscations of their property, has not as yet had the desired effect. As this claim rests on the same prin- ciple with others which have been admitted by the French government, it is not perceived on what just ground it can be rejected. A minister will be immediately appointed to proceed to France, and resume the ne- gotiation on this and other subjects which may arise between the two nations. At the proposal of the Russian imperial government, made through the minister of the emperor residing here, a full power and instructions have been transmitted to the minister of the United States at St. Petersburgh, to iirrange, by amicable negotiation, the respective rights and interests of the two nations on the northwest coast of this continent. A similar proposal had been made by his imperial majesty to the government of Great Britain, v/hich has likewise been acceded to. The government of the United States has been desirous, by this friendly proceeding, of manifesting the great value which they have invariably attached to the friendship of the emperor, and their solicitude to cultivate the best understanding with his government. In the discussions to which this interest has given rise, and in the arrangements by which they may terminate, the occasion has been ludged proper for asserting, as a principle in which tke rights and interests MONROE'S SEVENTH ANNUAL MESSAGE. 453 of the United States are involved, that the American continents, by the free and independent condition which they have assumed and maintain, are henceforth not to be considered as subjects for future colonization by any European powers. Since the close of the last session of Congress, the commissioners and arbitrators for ascertaining and determining the amount of indemnification which may be due to citizens of the United States, under the decision of his imperial majesty the emperor of Russia, in conformity to the convention concluded at St. Petersburgh on the 12th of July, 1822, have assembled in this city, and organized themselves as a board for the per- formance of the duties assigned to them by that treaty. The commission constituted under the eleventh article of the treaty of the 22d of February, 1819, between the United States and Spain, is also in session here ; and as the term of three years, limited by the treaty for the execution of the trust, will expire before the period of the next regular meeting of Con- gress, the attention of the legislature will be drawn to the measures which may be necessary to accomplish the objects for which the commission was instituted. In compliance with a resolution of the house of representatives, adopted at their last session, instructions have been given to all the ministers of the United States, accredited to the powers of Europe and America, to propose the proscription of the African slave-trade, by classing it under the denomination, and inflicting on its perpetrators the punishment of piracy. Should this proposal be acceded to, it is not doubted that thLs odious and criminal practice will be promptly and entirely suppressed. It is earnestly hoped that it will be acceded to, from the firm belief that it is the most effectual expedient that can be adopted for the purpose. At the commencement of the recent war between France and Spain, it was declared by the French government that it would grant no commis- sions to privateers, and that neither the commerce of Spain herself, nor of neutral nations, should be molested by the naval force of France, except in the breach of a lawful blockade. This declaration, which appears to have been faithfully carried into effect, concurring with principles pro- claimed and cherished by the United States from the first establishment of their independence, suggested the hope that the time had arrived when the proposal for adopting it as a permanent and invariable rule in all future maritime wars might meet the favorable consideration of the great European powers. Instructions have accordingly been given to our ministers with France, Russia, and Great Britain, to make those proposals to their re- spective governments; and when the friends of humanity reflect on the essential amelioration to the condition of the human race which would result from the abolition of private war on the sea, and on the great facility by which it might be accomplished, requiring only the consent of a few sovereigns, an earnest hope is indulged that these overtures will meet with an attention animated by the spirit in which they were made, and that they will ultimately be successful. The ministers who were appointed to the republics of Colombia and Buenos Ayres, during the last session of Congress, proceeded shortly af- terward to their destinations. Of their arrival there official intelligence has not yet been received. The minister appointed to the republic of' Chili will sail in a few days. An. early appointment will also be made to Mexico. A minister has been received from Colombia, and the other gov- ernments have been informed that ministers, or diplomatic agents of info- 454 MONROE'S SEVENTH ANNUAL MESSAGE. rior grade, would be received from each, accordingly as they might prefer the one or the other. The minister appointed to Spain proceeded, soon after his appointment for Cadiz, the residence of the sovereign to whom he was accredited. In approaching that port, the frigate which conveyed him was warned off by the commander of the French squadron by which it was blockaded, and not permitted to enter, although apprized by the captain of the frigate ol the public character of the person whom he had on board, the landing of whom was the sole object of his proposed entry. This act being consid- ered an infringement of the rights of ambassadors and of nations, will form a just cause of complaint to the government of France against the officer by whom it was committed. The actual condition of the public finances more than realizes the favor- able anticipations that were entertained of it at the opening of the last ses- sion of Congress. On the first of January, there was a balance in the treas- ury of four millions two hundred and thirty- seven thousand four hundred and twenty-seven dollars arid fifty-five cents. From that time to the 30th of September, the receipts amounted to upward of sixteen millions one hundred thousand dollars, and the expenditures, to eleven millions four hundred thousand dollars. During the fourth quarter of the year it is esti- mated that the receipts will at least equal the expenditures, and that there will remain in the treasury, on the first day of January next, a surplus of nearly nine millions of dollars. On the first of January, 1825, a large amount of the war debt and a part of the revolutionary debt become redeemable. Additional portions of the former will continue to become redeemable annually, until the year 1835. It is believed, however, that, if the United States remain at peace, the whole of that debt may be redeemed by the ordinary revenue of those years during that period, under the provision of the act of March 3d, 1817, cre- ating the sinking fund ; and in that case, the only part of the debt that will remain, after the year 1835, will be the seven millions of five per cent, stock subscribed to the bank of the United States, and the three per cent, revolutionary debt, amounting to thirteen millions two hundred and ninety- six thousand and ninety-nine dollars and six cents ; both of which are redeemable at the pleasure of the government. The state of the army, in its organization and discipline, has been grad- ually improving for several years, and has now attained a high degree of perfection. The military disbursements have been regularly made, and the accounts regularly and promptly rendered for settlement. The supplies of various descriptions have been of good quality, and regularly issued at all of the posts. A system of economy and accountability has been introduced into every branch of the service, which admits of little additional improve- ment. This desirable state has been attained by the act reorganizing the staff' of the army, passed on the 14th of April, 1818. The moneys appropriated for fortifications have been regularly and eco- nomically applied, and all the works advanced ( as rapidly as the amount appropriated would admit. Three important works will be completed in the course of this year, that is, Fort Washington, Fort Delaware, and the fort at the Rigolets, in Louisiana. The board of engineers and the topographical corps have been in con- stant and active service, in surveying the coast and projecting the works necessary for its defence. The military academy has attained a degree of perfection in its disci- MONROE'S SEVENTH ANNUAL MESSAGE. 455 pline and instruction equal, as is believed, to any institution of its kind in any country. The money appropriated for the use of the ordnance department has been regularly and economically applied. The fabrication of arms at the "national armories, and by contract with the department, has been gradu- ally improving in quality and cheapness. It is believed that their quality is now such as to admit of but little improvement. , The completion of the fortifications renders it necessary that there should be a suitable appropriation for the purpose of fabricating the can- non and carriages necessary for those works. Under the appropriation of five thousand dollars for exploring the west- ern waters for the location of a site for a western armory, a commission was constituted, consisting of Colonel McRee, Colonel Lee, and Captain Talcott, who have been engaged in exploring the country. They have not yet reported the result of their labors, but it is believed that they will be prepared to do it at an early part of the session of Congress. During the month of June last, General Ashley and his party, who were trading under a license from the government, were attacked by the Rica- rees, while peaceably trading with the Indians at their request. Several of the party were killed and wounded, and their property taken or de- stroyed. Colonel Leavenworth, who commanded Fort Atkinson, at the Council Bluff, the most western post, apprehending that the hostile spirit of the Ricarees would extend to other tribes in that quarter, and that thereby the lives of the traders on the Missouri, and the peace of the* frontier, would be endangered, took immediate measures to check the evil. With a detachment of the regiment stationed at the Bluff, he success- fully attacked the Ricaree village, and it is hoped that such an impression has been made on them, as well as on the other tribes of the Missouri, as will prevent a recurrence of future hostility. The report of the secretary of war, which is herewith transmitted, will exhibit in greater detail the condition of the department in its various branches, and the progress which has been made in its administration during the first three quarters of the year. I transmit a return of the militia of the several states, according to the last reports which have been made by the proper officers in each, to the department of war. By reference to this return it will be seen that it is not complete, although great exertions have been made to make it so. As the defence and even the liberties of the country must depend in times of imminent danger on the militia, it is of the highest importance that it be well organized, armed, and disciplined, throughout the Union. The report of the secretary of war shows the progress made during the first three quarters of the present year, by the application of the fund appropriated for arming the militia. Much difficulty is found in distributing the arms according to the act of Congress providing for it, from the failure of the proper department in many of the states to make regular returns. The act of May the 12th, 1820, provides that the system of tactics and regu- lations of the various corps of the regular army shall be extended to the militia. This act has been very imperfectly executed from the want of uniformity in the organization of the militia, proceeding from the defects of the system itself, and especially in its application to the main arm of the public defence. It is thought that this important subject, in all its. branches, merits the attention of Congress. 45b MONROE'S SEVENTH ANNUAL MESSAGE. The report of the secretary of the navy, which is now communicated, furnishes an account of the administration of that department for the first three quarters of the present year, with the progress made in augmenting the navy, and the manner in which the vessels in commission have been employed. The usual force has been maintained in the Mediterranean sea, the Pa- cific ocean, and along the Atlantic coast, and has afforded the necessary protection to our commerce in those seas. In the West Indies and the gulf of Mexico, our naval force has been augmented by the addition of several small vessels, provided for by the " act authorizing an additional naval force for the suppression of piracy," passed by Congress at their last session. That armament has been emi- nently successful in the accomplishment of its object. The piracies by which our commerce in the neighborhood of the island of Cuba had been afflicted have been repressed, and the confidence of our merchants in a great measure restored. The patriotic zeal and enterprise of Commodore Porter, to whom the command of the expedition was confided, has been fully seconded by the officers and men under his command. And in reflecting with high satis- faction on the honorable manner in which they have sustained the reputa- tion of their country and its navy, the sentiment is alloyed only by a concern that, in the fulfilment of that arduous service, the diseases inci- dent to the season, and to the climate in which it was discharged, have deprived the nation of many useful lives, and among them, of several offi- cers -of great promise. In the month of August, a very malignant fever made its appearance at Thompson's island, which threatened the destruction of our station there. Many perished, and the commanding officer was severely attacked. Un- certain as to his fate, and knowing that most of the medical officers had been rendered incapable of discharging their duties, it was thought expe- dient to send to that post an officer of rank and experience, with several skilful surgeons, to ascertain the origin of the fever, and the probability of its recurrence there in future seasons ; to furnish every assistance to those who were suffering, and, if practicable, to avoid the necessity of abandon- ing so important a station. Commodore Rodgers, with a promptitude which did him honor, cheerfully accepted that trust, and has discharged it in the manner anticipated from his skill and patriotism. Before his arri- val, Commodore Porter, with the greater part of the squadron, had removed from the island and returned to the United States, in consequence of the prevailing sickness. Much useful information has, however, been ob- tained, as to the state of the island, and great relief afforded to those who had been necessarily left there. Although our expedition, co-operating with -an invigorated administra- tion of the government of the island of Cuba, and with the corresponding active exertions of a British naval force in the same seas, have almost entirely destroyed the unlicensed piracies from that island, the success of our exertions has not been equally effectual to suppress the same crime, under other pretences and colors, in the neighboring island of Porto Rico. They have been committed there under the abusive issue of Spanish com- missions. At an early period of the present year, remonstrances were made to the governor of that island, by an agent who was sent for the purpose, against those outrages on the peaceful commerce of the United States, of which many had occurred. That officer, professing his own want of MONROE'S SEVENTH ANNUAL MESSAGE. 457 authority to make satisfaction for our just complaints, answered only by a reference of them to the government of Spain. The minister of the United States to that court was specially instructed to urge the necessity of the immediate and effectual interposition of that government, directing restitu- tion and indemnity for wrongs already committed, and interdicting the repetition of them. The minister, as has been seen, was debarred access to the Spanish government, and in the meantime several new >cases of fla- grant outrage have occurred, and citizens of the United States in the island of Porto Rico have suffered, and other have been threatened with assas- sination, for asserting their unquestionable rights, even before the lawful tribunals of the country. The usual orders have been given to all our public ships to seize Ameri- can vessels engaged in the slave-trade, and bring them in for adjudication ; and I have the gratification to state that not one so employed has been dis- covered, and there is good Reason to believe that our flag is now seldom, if at all, disgraced by that traffic. It is a source of great satisfaction that we are always enabled to recur to the conduct of our navy with pride and commendation. Asa means of national defence, it enjoys the public confidence, and is steadily assuming additional importance. It is submitted whether a more efficient and equally economical organization of it might not, in several respects, be effected. It is supposed that higher grades than now exist by law would be useful. They would afford well-merited rewards to those who have long and faithfully served our country ; present the best incentives to good conduct, and the best means of insuring a proper discipline ; destroy the inequality in that respect between the military and naval services ; and relieve our officers from many inconveniences and mortifications which occur when our vessels meet those of other nations ours being the only service in which such grades do not exist. A report of the postmaster-general, which accompanies this communica- tion, will show the present state of the postoffice department and its gen- eral operations for some years past. There is established by law, eighty-eight thousand six hundred miles of postroads, on which the mail is now transported eighty-five thousand seven hundred miles ; and contracts have been made for its transportation on all the established routes, with one or two exceptions. There are five thousand two hundred and forty postoffices in the Union, and as many postmasters. The gross amount of postage which accrued from the first of July, 1822, to the first of July, 1823, was one million one hundred and fourteen thousand three hundred and forty-five dollars and twelve cents. During the same period, the expenditures of the postoffice department amounted to one million one hundred and sixty-nine thousand eight hun- dred and eighty-five dollars and fifty-one cents ; and consisted of the fol- lowing items : compensation to postmasters, three hundred and fifty-three thousand nine hundred and ninety-five dollars and eighty-eight cents ; in- cidental expenses, thirty thousand eight hundred and sixty-six dollars and thirty-seven cents ; transportation of the mail, seven hundred and eighty- four thousand six hundred dollars and eight cents ; payments into the treasury, four hundred and twenty-three dollars and eight cents. On the first of July last, there was due to the department, from postmasters, one hundred and thirty-live thousand two hundred and forty-five dollars and twenty-eight cents ; from late postmasters and contractors, two hundred .and fifty-six thousand seven hundred and forty-nine dollars and thirty-one 458 MONROfc's SEVENTH ANNUAL MESSAGE. cents ; making a total amount of balances due to the department, of three hundred and ninety-oue thousand nine hundred and ninety-four dollars and fifty-nine cents. These balances embrace all delinquencies of postmas- ters and contractors which have taken place since the organization of the department. There was due by the department to contractors, on the first day of July last, twenty-six thousand five hundred and forty-eight dollars and sixty-lour cents. The transportation of the mail within five years past has been greatly extended, and the expenditures of the department proportionably increased. Although the postage which has accrued within the last three years has fallen short of the expenditures two hundred and sixty-two thousand eight hundred and twenty-one dollars and forty-six cents, it appears that collec- tions have been made from the outstanding balances to meet the principal part of the current demands. It is estimated that not more than two hnndred and fifty thousand dol- lars of the above balances can be collected, and that a considerable part of this sum can only be realized by a resort to legal process. Some im- provement in the receipts for postage is expected. A prompt attention to the collection of moneys received by postmasters, it is believed, will ena- ble the department to continue its operations without aid from the treasury, unless the expenditures shall be increased by the establishment of new mail routes. A revision of some parts of the postoffice law may be necessary ; and it is submitted whether it would not be proper to provide for the appoint- ment of postmasters, where the compensation exceeds a certain amount, by nomination to the senate, as other officers of the general government are appointed. Having communicated my views to Congress, at the commencement of the last session, respecting the encouragement which ought to be given to our manufactures, and the principle on which it should be founded, 1 have only to add that those views remain unchanged, and that the present state of those countries with which we have the most immediate political rela- tions and greatest commercial intercourse, tends to confirm them. Under this impression I recommend a review of the tariff, for the purpose of affording such additional protection to those articles which we are prepared to manufacture, or which are more immediately connected with the defence and independence of the country. The actual state of the public accounts furnishes additional evidence of the efficiency of the present system of accountability, in relation to the public expenditure. Of the moneys drawn from the treasury since the 4th of March, 1817, the sum remaining unaccounted for, on the 30th of September last, is more than one million five hundred thousand dollars less than on the 30th of September preceding ; and during the same period, a reduction of nearly a million of dollars has been made in the amount of the unsettled accounts for money advanced previously to the 4th of March, 1817. It will be obvious that, in proportion as the mass of accounts of the latter description is diminished by settlement, the difficulty of settling the residue is increased, from the consideration that in many instances it can be obtained only by legal process. For more* precise details on this subject, I refer to a report from ihe first comptroller of the treasury. The sum which was appropriated at the last session for the repair of the Cumberland road has been applied with good effect to that object. A final report has not yet been received from the agent who was appointed MONROE'S SEVENTH ANNUAL MESSAGE. 459 to superintend it. As soon as it is received it shall be communicated to Congress, Many patriotic and enlightened citizens, who have made the subject an object of particular investigation, have suggested an improvement of still greater importance. They are of opinion that the waters of the Chesa- peake and Ohio may be connected together by one continued canal, and at an expense far short of the value and importance of the object to be ob- tained. If this could be accomplished, it is impossible to calculate the beneficial consequences which would result from it. A great portion of the produce of the very fertile country through which it would pass would find a market through that channel. Troops might be moved with great facility in war, with cannon and every kind of munition, and in either direction. Connecting the Atlantic with the western country, in a "line passing through the seat of the national government, it would contribute essentially to strengthen the bond of union itself. Believing as I do that Congress possess the right to appropriate money for such a national ob- ject (the jurisdiction remaining to the states through which the canal would pass), 1 submit it to your consideration whether it may not be ad- visable to auth6rize, by an adequate appropriation, the employment of a suitable number of the officers of the corps of engineers, to examine the unexplored ground during the next session, and to report thereon. It will likewise be proper to extend their examination to the several routes through which the waters of the Ohio may be connected by canals with those of Lake Erie. As the Cumberland road will require annual repairs, and Congress havo not thought it expedient to recommend to the states an amendment to the constitution for the purpose of vesting in the United States a power to adopt and execute a system of internal improvement, it is also submitted to your consideration whether it may not be expedient to authorize the executive to enter into an arrangement with the several states through which the road passes, to establish tolls, each within its limits, for the purpose of defraying the expense of future repairs, and of providing, also, by suitable penalties, for its protection against future injuries. The act of Congress of the 7th of May, 1822, appropriated the sum of twenty-two thousand seven hundred dollars, for the purpose of erecting two piers as a shelter for vessels from ice, near Cape Henlopen, Delaware bay. To effect the object of the act, the officers of the board of engineers, with Commodore Bainbridge, were directed to prepare plans and estimates of piers sufficient to answer the purpose intended by the act. It appears by their report, which accompanies the documents from the war depart- ment, that the appropriation is not adequate to the purpose intended ; and as the piers would be of great service, both to the navigation of the Dela- ware bay, and the protection of vessels on the adjacent parts of the coast, I submit for the consideration of Congress, whether additional and suffi- cient appropriations should not be made. The board of engineers were also directed to examine and survey the entrance of the harbor of the port of Presque Isle in Pennsylvania, in order to make an estimate of the expense of removing the obstructions to the entrance, with a plan of the best mode of effecting the same, under the appropriation for that purpose, by act of Congress passed on the 3d of March last. The report of the board accompanies the papers from the war departrnrnt, and is submitted for the consideration of Congress. A strong hope has long been entertained, founded on the heroic struggle 4CO MONROE'S SEVENTH ANNUAL MESSAGE. of the Greeks, that they would succeed in their contest, and resume their equal station among the nations of the earth. It is believed that thu whole civilized world takes a deep interest in their welfare. Although no power has declared in their favor, yet none, according to our information, lias taken part against them. Their cause and their name have protected them from dangers which would, ere this, have overwhelmed -any other people. The ordinary calculations of interest, and of acquisition, with a view to aggrandizement, which mingles so much in the transactions of nations, seem to have had no effect in regard to them. From the facts which have come to our knowledge, there is good cause to believe that their enemy has lost, for ever, all dominion over them; that Greece will become again an independent nation. That she may obtain that rank is the object of our most ardent wishes. It was stated, at the commencement of the' last session, that a great effort was then making in Spain and Portugal, to improve the condition of the people of those countries, and that it appeared to be conducted with extra- ordinary moderation. It need scarcely be remarked that the result has been, so far, very different from what was then anticipated. Of events in that quarter of the globe, with which we have so much intercourse and from which we derive our origin, we have always been anxious and in- terested spectators. The citizens of the United States cherish sentiments the most friendly in favor of the liberty and happiness of their fellow-men on that side of the Atlantic. In the wars of the European powers, in mat- ters relating to themselves, we have never taken any part, nor does it com- port with our policy so to do. It is only when our rights are invaded or seriously menaced, that we resent injuries or make preparation for our de- fence. With the movements in this hemisphere we are of necessity more immediately connected, and by causes which must be obvious to all en- lightened and impartial observers. The political system of the allied powers is essentially different in this respect from that of America. This difference proceeds from that which exists in their respective governments. And to the defence of our own, which has been achieved by the loss of so much blood and treasure, and matured by the wisdom of their most en- lightened citizens, and under which we have enjoyed unexampled felicity, this whole nation is devoted. We owe it, therefore, to candor, and to the amicable relations existing between the United States and those powers, to declare, that we should consider any attempt on their part to extend their system to any portion of this hemisphere as dangerous to our peace and safety. With the existing colonies or dependencies of any European power we have not interfered, and shall not interfere. But with the gov- ernments who have declared their independence, and maintained it, and whose independence we have, on great consideration and on just princi- ples, acknowledged, we could not view any interposition for the purpose of oppressing them, or controlling in any other manner their destiny, by any European power, in any other light than as the manifestation of an un- friendly disposition toward the United States. In the war between those new governments and Spain, we declared our neutrality at the time of their recognition, and to this we have adhered, and shall continue to adhere, provided no change shall occur which, in the judgment of the competent authorities of this government, shall make a corresponding change on the part of the United States indispensable to their security. The late events in Spain and Portugal show that Europe is still unsettled. Of this important fact no stronger proof can be adduced, than that the allied MONROE'S SEVENTH ANNUAL MESSAGE. 461 powers should have thought it proper, on a principle satisfactory to them- selves, to have interposed by force in the internal concerns of Spain. To what extent such interposition may be carried, on the same principle, is a question to which all independent powers, whose governments differ from theirs, are interested ; even those most remote, and surely none more so than the United States. Our policy in regard to Europe, which was adopted at an early stage of the wars which have so long agitated that quarter of the globe, nevertheless remains the same, which is, not to ; n- terfere in the internal concerns of any of its powers ; to consider the gov- erment, de facto, as the legitimate government for us ; to cultivate friendly relations with it, and to preserve those relations by a frank, firm, and manly policy ; meeting, in all instances, the just claims of every power, submit- ting to injuries from none. But in regard to these continents, circumstan- ces are eminently and conspicuously different. It is impossible that the allied powers should extend their political system to any portion of either continent without endangering our peace and happiness ; nor can any one believe that our southern brethren, if left to themselves, would adopt it of their own accord. It is equally impossible, therefore, that we should be- hold such interposition, in any form, with indifference. If we look to the comparative strength and resources of Spain and those new governments, and their distance from each other, it must be obvious that she can never subdue them. It is still the true policy of the United States to leave the parties to themselves, in the hope that other powers will pursue the same course. If we compare the present condition of our Union with its actual state at the close of our revolution, the history of the world furnishes no exam- ple of a progress in improvement, in all the important circumstances which constitute the happiness of a nation, which bears any resemblance to it. At the first epoch our population did not exceed three millions. By the last census it amounted to about ten millions, and what is more extraordi- nary, it is almost altogether native, for the immigration from other countries has been inconsiderable. At the first epoch half the territory within our acknowledged limits was uninhabited and a wilderness. Since then, new territory has been acquired, of vast extent, comprising within it many rivers, particularly the Mississippi, the navigation of which to the ocean was of the highest importance to the original states. Over this territory our population has expanded in every direction, and new states have been established, almost equal in number to those which formed the first bond of our Union. This expansion of our populatiou and accession of new states to our Union, have had the happiest effect on all its highest interests. That it has eminently augmented our resources, and added to our strength and respectability as a power, is admitted by all. But it is not in these important circumstances only that this happy effect is felt. It is manifest that, by enlarging the basis of our system, and increasing the number of states, the system itself has been greatly strengthened in both its branches. Consolidation and disunion have thereby been rendered equally impracti- cable. Each government, confiding in its own strength, has less to appre- hend from the other ; and in consequence, each enjoying a greater free- dom of action, is rendered more efficient for all the purposes for which it was instituted. It is unnecessary to treat here of the vast improvement made in the system itself by the adoption of this constitution, and of its happy effect in elevating the character, and in protecting the rights of the nation, as well as of individuals. To what then do we owe these bles- 462 MONROE'S SPECIAL MESSAGE. sings ? It is known to all that we derive them from the excellence of out institutions. Ought we not then to adopt every measure which may be necessary to perpetuate them. SPECIAL MESSAGE. FEBRUARY 24, 1824. To the Senate and House of Representatives of the United States : I HEREWITH transmit to Congress certain documents relating to a claim of Massachusetts for services rendered by the military of that state in the late war, and for which the payment was made by the state. From the particular circumstances attending this claim, I have thought it proper to submit the subject to the consideration of Congress. In forming a just estimate of this claim, it will be necessary to recur to the cause which prevented its admission, or the admission of any part thereof, at an earlier day. It will be recollected, that when a call was made on the militia of that state for service, in the late war, under an arrange- ment which was alike applicable to the militia of all the states, and in con- formity with the acts of Congress, the executive of Massachusetts refused to comply with the call, on the principle that the power vested in Congress by the constitution, to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions, was not a competent power for those purposes, but conditional, and dependent on the consent of the executives of the several states ; and also, that when called into service, such consent being given, they could not be commanded by a regular officer of the United States, or other officer than that of the militia, except by the president in person. That this decision of the executive of Massachusetts was repugnant to the constitution of the United States, and of dangerous tendency, especially when it is considered, that we were then engaged in a war with a powerful nation for the defence of our common rights, was the decided opinion of this government ; and when the period at which that decision was formed was considered, it being as early as the 5th of August, 1812, immediately after the war was declared, and that it was not relinquished during the war, it was inferred by the executive of the United States that the decision of the executive of that state was alike applicable to all the services that were rendered by the militia of the state during the war. In the correspondence with the governor of Massachusetts at that im- portant epoch, and on that very interesting subject, it was announced to him by the secretary of Avar, that if the militia of the state were called into service by the executive of the state, and not put under the command of the major-general of the United States, as the militia of the other states were, the expense attending their service would be chargeable lo the state, and not the United States. It was also stated to him at the same time, that any claim which the state might have for the reimbursement of such expen- ses could not be allowed by the executive of the United States, since it would involve principles on which that branch of the government could not decide. Under these circumstances a decision on the claim of the state of Massa- MONROE'S SPECIAL MESSAGE. 463 chusetts has hitherto been suspended, and it need not be remarked that the suspension has proceed from a conviction that it would be improper to give any sanction by its admission, or the admission of any part thereof, either to the construction of the constitution contended for by the then executive of that state, or to its conduct at that period toward the general government and the Union. In January, 1823, the representatives in Congress from Massachusetts and Maine suggested, by memorial, that the constitutional objection could not apply to a portion of the claim, and requested that the accounting officer of the government might be instructed to audit and admit such part as might be free from that objection. In all cases where claims are presented for militia service, it is the duty and the practice of the accounting officer to submit them to the department for instruction as to the legality of the claim ; that is, whether the service had been rendered by order of the competent authority, or otherwise, under circumstances to justify the claim against the United States, admitting that the evidence in support of it should be satisfac- tory. To this request there appeared to be no well-founded objection, under the reservation as to the constitutional principle, and accordingly an order was given to the accounting officers of the treasury to proceed in auditing the claim with that reservation. In conformity with this arrangement, the executive of Massachusetts appointed two citizens of that state commissioners to attend to the settlement of its claim, and who, in execution of the trust reposed in them, have pre- sented to the accounting officer of the treasury that portion comprehending the services of the fifth division of the militia of the state, which has been audited and reported for consideration, subject to the objection above stated. I have examined this report, with the documents presented by the commis- sioners, and am of opinion that the services rendered by that division were spontaneous, patriotic, and proper, necessary for self-defence, to repel in some instances actual invasion, and in others, to meet by adequate prepa- ration invasions that were menaced. The commissioners of the state having intimated that other portions of service stood on similar ground, the account- ing officer has been instructed, in auditing the whole, to do it in such man- ner as to enable the department to show distinctly under what circumstan- ces each portion of service was rendered whether voluntary, called out hy invasion, or the menace of invasion, or by public authority ; and in such case, whether the militia rendering such service was placed under the authority of the United States, or retained under that of the state. It affords me great pleasure to state that the present executive of Massa- chusetts has disclaimed the principle which was maintained by the former executive, and that in this disclaimer both branches of the legislature have concurred. By this renunciation, the state is placed on the same ground, in this respect, with the other states, and this very distressing anomaly in" our system is removed. It is well known that the great body of our felLow- vitizens in Massachusetts are as firmly devoted to our Union, and to the free republican principles of our government, as our fellow-citizens of the other states. Of this important truth their conduct in every stage of our revolu- tionary struggle, and in many other emergencies, bears ample testimony ; and I add, with profound interest and a thorough conviction, that although the difficulty adverted to, in the late war, with their executive, excited equal surprise and regret, it was not believed to extend to them. There never was a moment when the confidence of the government in the great body of our fellow-citizens of that state was impaired, nor is a doubt enter- 464 MONROES SPECIAL MESSAGE. tained that they were at all times willing and ready to support their rights and repel an invasion by the enemy. The commissioners of Massachusetts have urged, in compliance with their instructions, the payment of so much of their claim as applies to the services rendered to the h'flh division, which have been audited, and I should have no hesitation in admitting it if I did not think, under all the circum- stances of the case, that the claim in all its parts was cognizable by Congress alone. The period at which the constitutional difficulty was raised by the executive of the state was in the highest degree important, as was the tenden- cy of the principle for which it contended, and which was adhered to dur- ing the war. The public mind throughout the Union was much excited by that occurrence, and great solicitude was felt as to its consequences. The executive of the United States was bound to maintain, and did maintain a just construction of the constitution ; in doing which, it is gratifying to rec- ollect that the most friendly feelings were cherished toward their breth- ren of that state. The executive of the state was warned, in the correspond- ence which then took place, of the light in which its conduct was viewed, and of the effect it would have, so far as related to the right of the executive of the United States, on any claim which might afterward be presented by the state to compensation for such services. Under these circumstances, the power of the executive of the United States to settle any portion of this claim seems to be precluded. It seems proper, also, that this claim should be decided on full investigation before the public, that the principle on which it is decided may be thoroughly understood by our fellow-citizens of every state, which can be done by Congress alone ; who alone, also, possess the power to pass the laws which may be necessary to carry such decision into effect. In submitting this subject to the calm and enlightened judgment of Con- gress, I do it with peculiar satisfaction, from a knowledge that you are now placed, by the course of events, in a situation which will enable you to adopt such measures as will not only comport with the sound principles of our government, but likewise be conducive to further the highest interests of our Union. By the renunciation of the principle maintained by the then executive of Massachusetts, as has been done by its present executive and both branches of the legislature, in the most formal manner, and in accord with the sentiments of the great body of the people, the constitution is re- stored in a very important feature that connected with the public defence and in the most important branch, that of the militia, to its native strength. It is very gratifying to know that this renunciation has been produced by the regular, orderly, and pacific operation of our republican system, where- by those who were in the right at the moment of difficulty, and who sus- tained the government with great firmness, have daily gained strength until this result was accomplished. The points on which you will have to decide are, what is fairly due for the services which were actually rendered ? By what means shall we contribute most to cement the Union and give the greatest support to our most excellent constitution ? In seeking each object separately we are led to the same result. All that can be claimed by our fellow-citizens of Massachusetts is, that the constitutional objection be waived, and that they be placed on the same footing with their brethren in the other states that regarding the services rendered by the militia of other states, for which compensation has been made, giving to the rule the most liberal construction, like compensation be made for similar service* ren.dered by the militia of that state. MONROE'S EIGHTH ANNUAL MESSAGE. 465 I have been led to conclude, on great consideration, that the principles of justice, as well as a due regard for the great interests of our Union, re- quire that this claim, in the extent proposed, should be acceded to. Essen- tial service was rendered, in the late war, by the militia of Massachusetts, and with the most patriotic motives. It seems just, therefore, that they should be compensated for such services, in like manner with the militia of other states. The constitutional difficulty did not originate with them, and has now been removed. It comports with our system to I6ok to the service rendered and to the intention with which it was rendered, and to award the compensation accordingly, especially as it may now be done without the sacrifice of principle. The motive, in this instance, is the stronger, because well satisfied I am, that by so doing we shall give the most effectual support to our republican institutions. No latent cause of discontent will be left behind. The great body of the people will be gratified, and even those who now survive, who were then in error, can not fail to see with interest and satisfaction this distressing occurrence thus happily terminated. I therefore consider it my duty to recommend it to Congress to make provision for the settlement of the claim of Massachu setts for services rendered in the late war by the militia of the state, in conformity with the rules which have governed in the settlement of tlie claims
r the citizens thereof, and foreign states are specially assigned to these tribunals. Oilier powers have been granted, in other parts of the constitution, which, although they relate to specific objects, unconnected with the ordi- nary administration, yet, as they form important features in the government, and may shed useful light on the construction which ought to be given to the powers above enumerated, it is proper to bring into view. 502 MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. By article 1, sect. 9, clause 1st, it is provided, that the migration or im- portation of such persons, as any of the states, now existing, shall think proper to admit, shall not be prohibited by Congress, prior to the year 1808, but a tax or duty may be imposed on such importation, not exceed- ing ten dollars for each person. Bv article 3, sect. 3, clause 1st, new states may be admitted by Congress into the union, but that no new state shall be formed within the jurisdic- tion of another state, nor any state be formed by the junction of two or more states, or parts of spates, without the consent of the legislature of the states concerned, as well as of the United States. And, by the next clause of the same article and section, power is vested in Congress to dis- pose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States, with a proviso, that nothing in the constitution shall be so construed as to prejudice any claims of the United States, or of any particular state. By article" 4, sect. 4, the United States guaranty to every state a re- publican form of government, and engage to protect each of them against invasion i and, on application of the legislature, or the executive, when the legislature can not be convened, against domestic violence. Of the other parts of the constitution, relating to power, some form re- straints on the exercise of the powers granted to Congress, and others on the exercise of the powers remaining to the states. The object, in both instances, is, to draw, more completely, the line between the two govern- ments, and also to prevent abuses by either. Other parts operate like conventional stipulations between the states, abolishing between them all distinctions, applicable to foreign powers, and securing to the inhabitants of each state all the rights and immunities of citizens in the several states. By the fifth article, it is provided, that Congress, whenever two thirds of both houses shall dee.m it necessary, shall propose amendments, or, on the application of the legislatures of two thirds of the several states, shall call a convention for proposing amendments, which, in either case, shall be valid, as a part of the constitution, when ratified by the legislatures ot three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode may be proposed by Congress ; provided that no state, without its consent, shall be deprived of its equal vote in the senate, and that no amendment which may be made prior to the year 1808, shall affect the first and fourth clauses in the ninth section of the first article. By the second section of the sixth article, it is declared, that the con- stitution, and laws of the United States, which shall be made in pursuance thereof, and all treaties made under the authority of the United States, shall be the supreme law of the land ; and, that the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding. This right in the national government to execute its powers was indispensable to its existence. If the state govern- ments had not been restrained from encroaching on the powers vested in the national government, the constitution, like the confederation, would soon have been set at naught ; and it was not within the limit of the human mind to devise any plan for the accomplishment of the object, other than by making a national constitution, which should be to the extent of its powers, the supreme law of the land. This right in the national govern- ment would have existed, under the constitution, to the full extent provided for by this declaration, had it not been made. To prevent the possibility MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 503 of a doubt, however, on so important a subject, it was proper to make the declaration. Having presented above a full view of all the powers granted to the United States, it will be proper to look to those remaining to the states. It is by fixing the great powers which are admitted to belong to each government, that we may hope to come to a right conclusion respecting those in controversy between them. In regard to the national government, this task was easy, because its powers were to be found in specific grants in the constitution ; but it is more difficult to give a detail of the powers of the state governments, as their constitutions, containing all powers granted by the people, not specifically taken from them by grants to the United States, can not well be enumerated. Fortunately, a precise detail of all the powers remaining to the state governments, is not necessary in the present instance. A knowledge of their great powers, only, will answer every purpose contemplated ; and respecting these there can be no diversity of opinion. They are sufficiently recognised and established by the constitution of the United States itself. In designating the important powers of the state governments, it is proper to observe, first, that the territory contemplated by the constitution belongs to each state, in its separate character, and not to the United States in their aggregate charac- ter. Each state holds territory according to its original charter, except in cases where cessions have been made to the United States, by individual states. The United States had none when the constitution was adopted, which had not been thus ceded to them, and which they held on the con- ditions on which such cession had been made. Within the individual states, it is believed, that they held not a single acre ; but, if they did, it was as citizens held it, merely as private property. The territory acquired by cession, lying without the individual states, rests on a different principle, and is provided for by a separate and distinct part of the constitution. It is the territory within the individual states, to which the constitution, in its great principles, applies ; and it applies to such territory as the territory of a state, and not as that of the United States. The next circumstance to be attended to, is, that the people composing this union are the people of the several states, and not of the United States, in the full sense of a consolidated government. The militia are the militia of the several states ; lands are held under the laws of the states ; descents, contracts, and all the concerns of private property, the administration of justice, and the whole criminal code, except in the cases of breaches of the laws of the United States, made under, and in conformity with, the powers vested in Congress, and of the laws of nations, are regulated by state laws. This enumeration shows the great extent of the powers of the state govern- ments. The territory and the people form the basis on which all govern- ments are founded. The militia constitutes their effective force. The regulation and protection of property, and of personal liberty, are also among the highest attributes of sovereignty. This, without other evidence, is sufficient to show, that the great office of the constitution of the United Stales is, to unite the states together, under a government endowed with powers adequate to the purposes of its institution, relating, directly or in- directly, to foreign concerns, to the discharge of which, a national govern- ment, thus formed, alone could be competent. This view of the exclusive jurisdiction of the several states over the territory within their respective limits, except in cases otherwise specially provided for, is supported by the obvious intent of the several powers 504 MONROE'S MESSAGE ox INTERNAL IMPROVEMENTS. granted to Congress, to which a more particular attention is now due. Of these, the right to declare war is, perhaps, the most important, as well by the consequences attending war, as by the other powers granted in aid of it. The. right to lay taxes, duties, imposts, and excises, though neces- sary for the support of the civil government, is equally necessary to sustain the charges of war ; the right to raise and support armies, and a navy, and to call forth and govern the militia, when in the service of the United States, are altogether of the latter kind. They are granted in aid of the power to make war, and intended to give effect to it. These several powers are of great force and extent, and operate more directly within the limits and upon the resources of the states, than any of the other powers. But still they are means only for given ends. War is declared, and must be maintained. An army and a navy must be raised ; fortifica- tions must be erected for the common defence ; debts must be paid. For these purposes duties, imposts, and excises, are levied ; taxes are laid ; the lands, merchandise, and other property of the citizens, are liable for them; the money is not paid, seizures are made, and the lands are sold. The transaction is terminated ; the lands pass into other hands, who hold them as the former proprietors did, under the laws of the individual states. They were means only to certain ends : the United States have nothing further to do with them. The same view is applicable to the power of the general government over persons. The militia is called into the service of the United States; the service is performed ; the corps return 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 princi- ples of equality. In cither case, the citizen, after the tour of duty is per- formed, is restored to his former station in society, with his equal share in the common sovereignty of the nation. In all these cases, which are the strongest which can be given, we see that the right of the general govern- ment 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 mean 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 col- lect duties and imposts, as to support the rights of the nation in the inter- course with foreign powers. It is executed at the ports of the several states, and operates almost altogether externally. The right to borrow and coin money, and to fix its value, and that of foreign coin, are important to the establishment of the 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 offences against the laws of nations. The right to establish a uniform rule of naturaliza- tion, and uniform laws respecting bankruptcies, seems to be essentially connected with the right to regulate commerce. The first branch of it relates to foreigners entering the country ; the second to merchants who have failed. The right to promote the progress of useful arts and sciences may be executed without touching any of the individual states. It is ac- complished by granting patents to inventors, and preserving models, which may be done exclusively within the federal district. The right to consti- MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 503 tute courts inferior to the supreme court, was a necessary consequence of the judiciary existing as a separate branch of the general government. Without such inferior court in every state, it would be difficult, and might even be impossible, to carry into effect the laws of the general govern- ment. The right to establish postoffices and postroads is essentially of the same character. For political, commercial and social purposes, it was important that it should be vested in the general government. As a mere matter of regulation and nothing more, I presume, was intended by it, it is a power easily executed, and involving little authority within the states individually. The right to exercise exclusive legislation, in all cases whatsoever, over the federal district, and over forts, magazines, arsenals, dock-yards, and other needful buildings, with the consent of the state within which the same may be, is a power of a peculiar character, and is sufficient in itself to confirm what has been said of all the other powers of the general government. Of this particular grant, further notice will hereafter be taken. I shall conclude my remarks on this part of the subject by observing, that the view which has been presented of the powers and character of the two governments, is supported by the marked difference which is ob- servable 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 dif- ferent principle was adopted and pursued. The government itself is organized, like the state governments, into three branches, but its powers are enumerated and defined in the most precise form. The subject has already been too fully explained to require illustration by a general view of the whole constitution, every part of which affords proof of what is here advanced. It will be sufficient to advert to the eighth section of the first article, being that more particularly which defines the powers, and fixes the character of the government of the United States. By this section, it is declared that Congress shall have power : 1st. To lay and collect taxes, duties, imposts, excises, &c. Having shown the origin of the state governments, and their endow- ments, when first formed ; having also shown the origin of the national government, and the powers vested in it ; and having shown, lastly, the powers which are admitted to have remained to the state governments, after those which were taken from them by the national government, I will now proceed to examine whether the power to adopt and execute a system of internal improvement, by roads and canals, has been vested in the United States. Before we can determine whether this power has been granted to the general government, it will be necessary to ascertain, distinctly, the nature and extent of the power requisite to make such improvements. When that in done, we shall be able to decide whether such power is vested in the national government. If the power existed, it would, it is presumed, be executed by a board of skilful engineers, on a view of the whole union, on a plan which would secure complete effect to all the gre;;t purposes of our constitution. It is not my intention, however, to take up the. subject here, on this scale. I shall state a case for the purpose of illustration only. Let it be supposed that Congress intended lo run a road from the city of Washington to 50G MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. Baltimore, ami to connect the Chesapeake bay with the Delaware, and the Delaware with the karitan, by a canal ; what must be done to carry the project into efl'ect ? I make here no question of the existing power. I speak only of the power necessary for the purpose. Commissioners would be appointed to trace a route, in the most direct line, paying due regard to heights, water-courses, and other obstacles, and to acquire the right to tlm ground over which the road and canal would pass, with sufficient breadth for each. This must bo done by voluntary grants, or by purchases from individuals, or, in case they would not sell, or should ask an exorbitant price, by condemning the property and fixing its value by a jury of the vicinage. The next object to be attended to, after the road and canal are laid out and made, is to keep them in repair. We know that there are people in every community capable of committing voluntary injuries ; of pulling down walls that are made to sustain the road ; of breaking the bridges over water-courses, and breaking the road itself. Some living near it might be disappointed that it did not pass through their lands, and commit these acts of violence and waste, from revenge, or in the hope of giving it that direction, though for a short time. Injuries of this kind have been committed, and are still complained of, on the road from Cumberland to the Ohio. To accomplish this object, Congress should have a right to pass laws to punish offenders, wherever they may be found. Jurisdiction over the road would not be sufficient, though it were exclusive. It would seldom happen that the parties would be delected in the act. They would generally commit it in the night, and fly far off before the sun appeared. The power to punish these culprits must, therefore, reach them wherever they go. They must, also, be amenable to competent tribunals, federal or state. The power must, likewise, extend to another object, not less essen- tial or important than those already mentioned. Experience has shown that the establishment of turnpikes, with gates and tolls, and persons to collect the tolls, is the best expedient that can be adopted to defray the expense of these improvements, and the repairs which they necessarily require. Congress must, therefore, have power to make such an establish- ment, and to support it, by such regulations, with fines and penalties, in the case of injuries, as may be competent to the purpose. The right must extend to all those objects, or it will be utterly incompetent. It is possess- ed and exercised by the states individually, and it must be possessed by the United States, or the pretension must be abandoned. Let it be further supposed that Congress, believing that they do possess the power, have passed an act for those purposes, under which commis- sioners have been appointed, who have begun the work. They are met at the first farm on which they enter, by the owner, who forbids them to trespass on his land. They offer to buy it at a fair price, or at twice or thrice its value. He persists in his refusal. Can they, on the principle recognised and acted on by all the state governments, that, in cases of this kind, the obstinacy and perverseness of an individual must yield to the public welfare, summon a jury of upright and discreet men to condemn the land, value it, and compel the owner to receive the amount, and to deliver it up to them ? I believe that very few would concur in the opinion that such a power exists. The next object is to preserve these improvements from injury. The locks of the canal are broken ; the walls which sustained the road are pulled down ; the bridges are broken ; the road itself is ploughed up ; toll is refused to be paid ; the gates of the canal or turnpike are forced. The MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 507 offenders are pursued, caught, and brought to trial. Can they be punish- ed? The question of right must be decided on principle. The culprits will avail themselves of every barrier, that may serve to screen them from punishment. They will plead that the law, under which they stand arraigned, is unconstitutional, and that question must be decided by the court, whether federal or state, on a fair investigation of the powers vested in the general government by the constitution. If the judges find that these powers have not been granted to Congress, the prisoners must be acquitted ; and, by their acquittal, all claim to the right to establish such a system is at an end. I have supposed an opposition to be made to the right in Congress, by the owner of the land, and other individuals charged with breaches of statutes made to protect the work from injury, because it is the mildest form in which it can present itself. It is not, however, the only one. A state, also, may contest the right, and then the controversy assumes another character. Government might contend against government ; for, to a cer- tain extent, both the governments are sovereign and independent of each other, and in that form it is possible, though not probable, that opposition might be made. To each limitations are prescribed, and should a contest rise between them, respecting their rights, and the people sustain it with anything like an equal division of numbers, the worst consequences might ensue. It may be urged that the opposition suggested by the owner of the land, or by the states individually, may be avoided by a satisfactory arrange- ment with the parties. But a suppression of opposition in that way, is no proof of a right in Congress, nor could it, if confined to that limit, remove all the impediments to the exercise of the power. It is not sufficient that Congress may, by the command and application of the public revenue, pur- chase the soil, and thus silence that class of individuals ; or, by the ac- commodation afforded to individual states, put down opposition on their part. Congress must be able rightfully to control all opposition, or they can not carry the system into effect. Cases would inevitably occur to put the right to the test. The work must be preserved from injury ; tolls must be collected ; offenders must be punished. With these culprits no bargain can be made. When brought to trial, they must deny the validity of the law, and that plea being sustained, all claim to the right ceases. If the United States possess this power, it must be, either because it has been specifically granted, or that it is -incidental, and necessary to carry into effect some specific grant. The advocates for the power derive it from the following sources : 1st, the right to establish postoffices and postroads ; 2d, to declare war ; 3d, to regulate commerce among the several states ; 4th, from the power to pay the debts and provide for the common defence and general welfare of the United States ; oth, from the power to make all laws necessary and proper for carrying into execution all the powers vested by the constitution in the government of the United States, or in any department or officer thereof; 6th, and lastly, from the power to dispose of, and make all needful rules and regulations respecting, the territory and other property of the United States. It is to be observed, that there is but little accord among the advocates for this power, as to the particular source whence it is derived. They all agree, however, in ascribing it to some one or more of those above-mentioned. I will exam- ine the ground of the claim in each instance. The first of these grants is in the following words : " Congress shall have 508 MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. power to establish postofficos and postroads." What is the just import of these words, and the extent of the grant ? The word " establish," is the ruling term ; " postoffices and postroads" are the subjects on which it acts. The question, therefore, is, what power is granted by that word ? The sense in which words are commonly used, is that in which they are to be under- stood in all transactions between public bodies and individuals. The in- tention of the parties is to prevail ; and there is no better way of ascer- taining it, than by giving to the terms used their ordinary import. If \ve were to ask any number of our most enlightened citizens, who had no connexion with public affairs, and whose minds were unprejudiced, wh:il was the import of the word " establish," and the extent of the grant which it controls, we do not think that there would be any difference of opinion among them. We are satisfied that all of them would answer, that a power was thereby given to Congress, to fix on the towns, courthouses, and other places, throughout our Union, at which there should be postoffi- ces ; the routes by which the mails should be carried from one postoffico to another, so as to diffuse intelligence as extensively, and to make the institution as useful, as possible ; to fix the postage to be paid on every letter and packet thus carried, to support the establishment, and to protect, the postoffices and mails from robbery, by punishing those who should commit the offence. The idea of a right to lay off the roads of the Uni- ted States, on a general scale of improvement ; to take the soil from the proprietor by force ; to establish turnpikes and tolls, and to punish offen- ders 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 jurisdic- tion and soil remaining to the state, with a right in the state, or those au- thorized by its legislature, to change the road at pleasure. The intention of the parties is supported by other proof, which ought to place it beyond all doubt. In the former act of government, the confed- eration, we find a grant for the same purpose, expressed in the following words: "The United States in Congress assembled, shall have the sole and exclusive right and power of establishing and regulating postoffices from one state to another, throughout the United States, and of exacting such postage on the papers passing through the same, as may be requisite to defray the expenses of said postoffice." The term " establish" was likewise the ruling one in that instrument, and was evidently intended, and understood, to give a power simply and solely to fix where there should be postoffices. By transferring this term from the confederation into the constitution, it was doubtless intended that it should be understood in the same sense in the latter that it was in the former instrument, and to be applied alike to postoffices and postroads. In whatever sense it is ap- plied to postoffices, it must be applied in the same sense to postroads. But it may be asked, if such was the intention, why were not all the other terms of the grant transferred with it ? The reason is obvious. The confederation being a bond of union between independent states, it was necessary, in granting the powers which were to be exercised over them, to be very explicit and minute in defining the powers granted. But the constitution, to the extent of its powers, having incorporated the states into one government, like the government of the states, individually, fewer words in defining the powers granted by it, were not only adequate, but, perhaps, better adapted to the purpose. We find that brevity is a charac- teristic of the instrument. Had it been intended to convey a more en- MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 509 larged power in the constitution than had been granted in the confederation, surely the same controlling term would not have been used ; or other words would have been added, to show such intention, and to mark the extent to which the power should be carried. It is a liberal construction of the powers granted in the constitution, by this term, to include in it all the powers that were granted in the confederation, by terms which specifi- cally defined and (as was supposed) extended their limits. It would be absurd to say, that, by omitting from the constitution any portion of the phraseology which was deemed important in the confederation, the import of the term was enlarged, and, with it, the powers of the constitution, in a proportional degree, beyond what they were in the confederation. The right to exact postage and to protect the postoffices and mails from rob- bery, by punishing the offenders, may fairly be considered as incidents to the grant, since, without it, the object of the grant might be defeated. Whatever is absolutely necessary to the accomplishment of the object of the grant, though not specified, may fairly be considered as included in it. Beyond this, the doctrine of incidental power can not be carried. If we go back to the origin of our settlements and institutions, and trace their progress down to the revolution, we shall see that it was in this sense, and none other, that the power was exercised by all our colonial governments. Postoffices were made for the country, and not the country for them. They are the offspring of improvement ; they never go before it. Settlements are first made ; after which the progress is uniform and simple, extending to objects in regular order, most necessary to the com- fort of man schools, places of worship, courthouses, and markets ; post- offices follow. Roads may, indeed, be said to be coeval with settlements. They lead to all the places mentioned, and to every other which the vari- ous and complicated interests of society require. It is believed that not one example can be given, from the first settle- ment of our country to the adoption of this constitution, of a postofEce being established without a view to existing roads ; or of a single road having been made by pavement, turnpike, &c.. for the sole purpose of accommo- dating a postoffice. Such, too, is the uniform progress of all societies. In granting, then, this power to the United States, it was undoubtedly intended by the framers and ratifiers of the constitution, to convey it in the sense and extent only in which it had been understood and exercised by the previous authorities of the country. This conclusion is confirmed by the object of the grant and the manner of its execution. The object is the transportation of the mail throughout the United States, which may be done on horseback, and was so done until lately, since the establishment of stages. Between the great towns, and in other places where the population is dense, stages are preferred, because they afford an additional opportunity to make a profit from passen- gers. But where the population is sparse, and on crossroads, it is gen- erally carried on horseback. Unconnected with passengers and other ob- jects, it can not be doubted that the mail itself may be carried in every part of our Union, with nearly as much economy and greater despatch, on horseback, than in a stage ; and in many parts with much greater. In every part of the Union in which stages can be preferred, the roads are sufficiently good, provided those which serve for every other purpose will accommodate them. In every other part, where horses alone are used, if other people pass them on horseback, surely the mail-carrier can. For an object so simple and so easy in the execution, it would doubtless ex- 510 MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. ite surprise, if it shoiilJ be thought proper to appoint commissioners to lay off the country on a great scheme of improvement, with the power to shorten distances, reduce heights, level mountains, and pave surfaces. If the United States possessed the power contended for under this grant, might they not, in adopting the roads of the individual states for the car- riage of the mail, as has been done, assume jurisdiction over them, and preclude a right to interfere with or alter them ? Might they not establish turnpike's, and exercise all the other acts of sovereignty, above stated, over such roads, necessary to protect them from injury, and defray the expense of repairing them ? Surely, if the right exists, these consequences neces- sarily followed, as soon as the road was established. The absurdity of such a pretension must be apparent to all who examine it. In this way a large portion of the territory of every state might be taken from it, for there is scarcely a road in any state which will not be used for the transporta- tion of the mail. A new field for legislation and internal government would thus be opened. From this view of the subject, I think that we may fairly conclude, that the right to adopt and execute a system of internal improvement, or any part of it. has not been granted to Congress under the power to establish postoffices and postroads ; that the common roads of the country only were contemplated by that grant, and are fully competent to all its purposes. The next object of inquiry is, whether the right to declare war includes the right to adopt and execute this system of improvement ? The objec- tions to it are, I presume, not less conclusive than those which are appli- cable to the grant which we have just examined. Under the last-mentioned grant, a claim has been set up to as much of that system as relates to roads. Under this, it extends alike to roads and canals. We must examine this grant by the same rules of construction that were applied to the preceding one. The object was to take this power from the individual states, and to vest it in the general government. This has been done in clear and explicit terms first, by granting the power to Congress, and, secondly, by prohibiting the exercise of it by the states. Congress shall have a right to declare war. This is the language of the grant. If the right to adopt and execute this system of improvement is included in it, it must be by way of incident only, since there is nothing in the grant itself which bears any relation to roads and canals. The following considerations, it is presumed, proved, incontesta- bly, that this power has not been granted in that or any other manner. The United States are exposed to invasion through the whole extent of their Atlantic coast, by any European power with whom we might be en- gaged in war ; on the northern and northwestern frontier, on the side of Canada, by Great Britain, and on the southern by Spain, or any power in alliance with her. If internal improvements are to be carried to the full extent to which they may be useful for military purposes, the power, as it exists, must apply to all the roads of the Union, there being no limitation to it. Wherever such improvements may facilitate the march of troops, the transportation of cannon, or otherwise aid the operations, or mitigate the calamities of war, along the coast, or in any part of the interior, they would be useful for military purposes, and might therefore be made. The power following as an incident to another power can be measured, as to its extent, by reference only to the obvious extent of the power to which it is incidental. So great a scope was, it is believed, never given to inci- dental power. MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 511 If it had been intended that the right to declare war should include all the powers necessary to maintain war, it would follow that nothing would have been done to impair the right, or to restrain Congress from the exer- cise of any power which the exigencies of war might require. The na- ture and extent of this exigency would mark the extent of the power granted, which should always be construed liberally, so as to be adequate to the end. A right to raise money by taxes, duties, excises, and by loan ; to raise and support armies and a navy*; to provide for calling forth, arm- ing, disciplining, and governing the militia, when in the service of the United States ; establishing fortifications, and governing the troops stationed in them, independently of the state authorities, and to perform many other acts, is indispensable to the maintenance of war. No war with any great power can be prosecuted with success without the command of the re- sources of the Union in all these respects. Tnese powers, then, would, of necessity, and by common consent, have fallen within the right to de* clare war, had it been intended to convey, by way of incident to that right, the necessary powers to maintain war. But these powers have all been granted specifically, with many others, in great detail, which experience had shown were necessary for the purposes of war. By specifically grant- ing, then, these powers, it is manifest that every power was thus granted which it was intended to grant, for military purposes ; and that it was also intended that no important, power should be included in this grant by way of incident, however useful it might be for some of the purposes of the grant. By the sixteenth of the enumerated powers, article i., sect. 8, Congress are authorized to exercise exclusive legislation in all cases whatever over such district as may, by cession of particular states, and the acceptance of Congress, not exceeding ten miles square, become the seat of the gov- ernment of the United States ; and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other useful buildings. If any doubt existed on a view of the other parts of the constitution respecting the decision which ought to be formed on the ques- tion under consideration, I should suppose that this clause would com- pletely remove it. It has been shown, after the most liberal construction of all the enumerated powers of the general government, that the territory within the limits of the respective states belonged to them; that the Uni- ted States had no right, under the powers granted to them, with the excep- tion specified in this grant, to any the smallest portion of territory within a state, all those powers operating on a different principle, and having their full effect without impairing, in the slightest degree, this right in the states ; that those powers were, in every instance, means to ends, which, being accomplished, left the subject, that is, the property, in which light only land could be regarded, where it was before under the jurisdiction, ;md subject to the laws, of the state governments. The second number of the clause, which is applicable to military and naval purposes alone, claims particular attention here. It fully confirms the view taken of the other enumerated powers ; for, had it been intended to include in the right to declare war, by way of incident, any right of jurisdiction or legislation over territory within a state, it would have been done as to fortifications, magazines, arsenals, dockyards, and other need- ful buildings. By specifically granting the right, as to such small portions of territory as might be necessary for thcso purposes, and on certain con- 512 MONROE'S MESSAGE ON INTERNAL IMPROVEMENT*. ditions, minutely and well defined, it is manifest that it was not intended to grant it, as to any other portion, on any condition, for any purpose, or in any manner whatsoever. It may be said that, although the authority to exercise exclusive legis- lation in certain cases, within the states, with their consent, may be con- sidered as a prohibition to Congress to exercise like exclusive legislation in any other case, although , their consent should be granted, it does not prohibit the exercise of such jurisdiction or power, within a state, as would be competent to all the purposes of internal improvement. 1 can conceive no ground on which the idea of such a power over any part of the terri- tory of a state can be inferred from the power to declare war. There never can be an occasion for jurisdiction for military purposes, except in fortifications, dockyards, and the like places. If the soldiers are in the field, or are quartered in garrisons without the fortifications, the civil au- thority must prevail where they are. The government of the troops by martial law is not affected by it. In war, when the forces are increased, and the movement is on a greater scale, consequences follow which are inseparable from the exigencies of the stale. Moro freedom of action, and a wider range of power, in the military commanders, to be exercised on their own responsibility, may he necessary to the public safety ; but, even here, the civil authority of the state never ceases v to operate. It is also exclusive for all civil purposes. Whether any power, short of that stated, would be adequate to the purpo- ses of internal improvement, is denied. In the case of territory, one gov- ernment must prevail for all the purposes intended by the grant. The jurisdiction of the United States might be modified in such manner as to admit that of the state in all cases and for all purposes not necessary to the execution of the proposed power. But the right of the general govern- ment must be complete for all the purposes above stated. It must extend to the seizure and condemnation of the property, if necessary ; to the pun- ishment of offenders for injuries to the roads and canals ; to the establish- ment and enforcement of tolls, &c., &c. It must be a complete right, to the extent above stated, or it will be of no avail. That right does not exist. The reasons which operate in favor of the right of exclusive legislation in forts, dockyards, &c., do not apply to any other places. The safety of such works, and of the cities which they are intended to defend, and even of whole communities, may sometimes depend on it. If spies are admit- ted within them in time of war, they might communicate intelligence to the enemy which might be fatal. All nations surround such works with high walls, and keep their gates shut. Even here, however, three impor- tant conditions are indispensable to such exclusive legislation : First. The ground must be requisite for, and be applied to, those purposes. Second. It must be purchased. Third. It must be purchased by the consent of the state in which it may be. When we find that so much care has been taken to protect the sovereignty of the states over the territory within their respective limits, admitting that of the United States over such small por- tions, and for such special and important purposes only, the conclusion is irresistible, not only that the power necessary for internal improvements has not been granted, but that it has been clearly prohibited. I come next to the right to regulate commerce, the third source from whence the right to make internal improvements is claimed. It is ex- pressed in the following words : " Congress shall have power to regulate MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 513 commerce with foreign nations, and among the several states and with the Indian tribes." The reasoning applicable to the preceding claims is equally so to this. The mischief complained of was, that this power could not be exercised with advantage by the individual states, and the object was to transfer it to the United States. The sense in which the power was un- derstood and exercised by the states, was doubtless that in which it was transferred to the United States. The policy was the same as to three branches of this grant, and it is scarcely possible to separate the first two from each of the other, in any view which may be taken of the subject. The last, relating to the Indian tribes, is of a nature distinct from the oth- ers, for reasons too well known to require explanation. Commerce be- tween independent powers or communities is universally regulated by du- ties and imposts. It was so regulated by the states before the adoption of this constitution, equally in respect to each other and to foreign pow- ers. The goods and vessels employed in the trade are the only sub- jects of regulation. It can act on none other. A power then to impose such duties and imposts, in regard to foreign nations, and to prevent any on the trade between the states, was the only power granted. If we recur to the causes which produced the adoption of this consti- tution, we shall find that injuries, resulting from the regulation of trade by the states, respectively, and the advantages anticipated from the transfer of the power to Congress, were among those which had the most weight. Instead of acting as a nation in regard to foreign powers, the states, indi- vidually, had commenced a system of restraint on each other, whereby the interests of foreign powers were promoted at their expense. If one state imposed high duties on the goods or vessels of a foreign power, to coun- tervail the regulations of such power, the next adjoining states imposed lower duties, to invite those articles into their ports, that they might be transferred thence into the other states, securing the duties to themselves. This contracted policy in some of the states was soon counteracted by oth- ers. Restraints were immediately laid on such commerce by the suffer- ing states, and thus had grown up a state of affairs, disorderly and unnat- ural, 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 de- plorable dilemma, or rather certain ruin, we were happily rescued by the adoption of the constitution. Among the first and most important effects of this great revolution, was the complete abolition-of this pernicious policy. The states were brought together by the constitution, as to commerce, into one community, equally, in regard to foreign nations and each other. The regulations that were adopted, regarded us, in both respects, as one people. The duties and im- posts that were laid on the vessels and merchandise of foreign nations, were all uniform throughout the United States, and, in the intercourse be- tween 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 char- acter, preceding the adoption of the constitution. As early as the year 1781, Congress recommended it to the states to vest in the United States a power to levy a duty of five per cent, on all goods imported from foreign countries into the United States, for the term of fifteen years. In 1783, this recommendation, with alterations as to the kind of duties, and an ex- tension of this term to twenty-five years, was repeated, and more earnestly VOL. I. 33 514 MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. urged. In 1784, it was recommended to the states to authorize Congress to prohibit, under certain modifications, the importation of goods from for- eign powers into the United States for fifteen years. In 1785, the consid- eration of the subject was resumed, and a proposition presented in a new form, with an address to the states, explaining fully the principles on which a grant of the power to regulate trade was deemed indispensable. In 1786, a meeting took place at Annapolis, of delegates from several of the states, on this subject, and, on their report, a convention was formed at Philadelphia, the ensuing year, from all the states, to whose deliberations we are indebted for the present constitution. In none of these measures was the subject of internal improvement mentioned, or even glanced at. Those of 1784, '5, '6, and '7, leading, step by step, to the adoption of the constitution, had in view, only, the obtain- ing 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 al- together a secondary object, suggested by and adopted in connexion with the other. If the power necessary to this system of improvement is in- cluded under either branch of this grant, I should suppose that it was the first, rather than the second. The pretension to it, however, under that branch, has never been set up. In support of the claim, under the second, no reason has been assigned which appears to have the least weight. The fourth claim is founded on the right of Congress to " pay the debts and provide for the common defence 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 ex- pressed 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 defence and general welfare of the United States ; but all duties, imposts, and excises, shall be uniform throughout the United States." That the second part of this grant gives a right to appropriate the public money, and nothing more, is evident from the following considerations : First, if the right of appropriation is not given by this clause, it is not given at all, there being no other grant in the constitution which gives it directly, or which has any bearing on the subject, even by implication, except the two following : first, the prohibition, which is contained in the eleventh of the enumerated powers, not to appropriate money for the support of armies for a longer term than two years ; and, secondly, the declaration in 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 appropria- tions made by law. Secondly, this part of the grant has none of the char- acteristics of a distinct and original power. It is manifestly incidental to the great objects of the first branch of the grant, which authorizes Con- gress to lay and collect taxes, duties, imposts, and excises ; a power of vast extent, not granted by the confederation, the grant of which formed one of the principal inducements to the adoption of this constitution. If both parts of the grant are taken together, as they must be, for the one follows immediately after the other in the same sentence, it seems to be impossible to give to the latter any other construction than that contended for. Congress shall have power to lay and collect taxes, duties, imposts, and excises. For what purpose ? To pay the debts and provide for the common defence and general welfare of the United States an arrange- MONROE'S MESSAGE ON INTERVAL IMPROVEMENTS. 515 ment 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. Thirdly, 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 presumption is evidently groundless in both instances ; in the first, because no part of the constitution can be considered as 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, em- bracing 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 con- veyed 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 con- strued 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 unquali- fied power to pay the debts and provide for the common defence and gen- eral welfare, as the second part of this clause would be, if considered as a distinct and separate grant, would extend to every object in which the public could be interested. A power to provide for the common defence would give to Congress the command of the whole force, and of all the resources of the Union ; but a right to provide for the general welfare would go much further. It would, in effect, break down all the barriers between the states and the general government, and consolidate the whole t under the latter. The powers specifically granted to Congress, are what are called the enumerated powers, and are numbered in the order in which they stand, among which that contained in the first clause holds the first place in point of importance. If the power created by the latter part of the clause is considered an original grant, unconnected with, and independent of, the first, as in that case it must be, then the first part is entirely done away, as are all the other grants in the constitution, being completely absorbed in the transcendant posver granted in the latter part. But if the clause be construed in the sense contended for, then every part has an important mcining and effect; not a line, a word, in it is superfluous. A power to iny and collect taxes, duties, imposts, and excises, subjects to the call of Congress every branch of the public revenue, internal and external ; and the addition, to pay the debts and provide for the common defence and general welfare, gives the right of applying the money raised, that is, of appropriating it to the purposes specified, according to a proper construc- tion of the terms. Honce it follows, that it is the first part of the clause only, which gives a power which affects in any manner the power remain- ing to the states ; as the power to raise money from the people, whether it be by taxes, duties, imposts, or excises, though concurrent in the states, as to taxes and excises, must necessarily do. But the use or application of the money, after it is raised, is a power altogether of a different charac- ter. It imposed no burden on the people, nor can it act on them in a sense 516 MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 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 ap- plication 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 im- proper purposes in our foreign and domestic concerns ; but, still, it is a power not felt in the sense of other powers, since the only complaint which any state can make of such partiality and abuse is, that some other state or states have obtained greater benefit from the application, than by a just rule of apportionment they were entitled to. The right of appropriation is, therefore, from its nature, secondary and incidental to the right of rais- ing 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 ope- rate ; the rule by which the fourth, that is, taxes, should be laid, being al- ready provided for in another part of the constitution. The object of this provision is, to secure a just equality among the states in the exercise of that power by Congress. By placing it after both the grants, that is, aftei that to raise and that to appropriate the public money, and making it apply to the first only, shows that it was not intended that the power granted in the second should be paramount to, and destroy that granted in the first. It shows, also, that no such formidable power as that suggested had been granted in the second, or any power, against the abuse of which it was thought necessary specially to provide. Surely, if it was deemed proper to guard a specific power of limited extent and well-known import, against injustice and abuse, it would have been much more so to have guarded against the abuse of a power of such vast extent, and so indefinite, as would have been granted by the second part of the clause, if considered as a dis- tinct and original grant. With this construction, all the other enumerated grants, and indeed all the grants of power, contained in the constitution, have their full operation and effect. They all stand well together, fulfilling the great purposes in- tended 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 revenue, and proceeding, in regular order, to the others, with which it was deemed proper to endow it, all too drawn with the utmost circum- spection and care. How much more consistent is this construction, with the great objects of the institution, and with the high character of the en- lightened and patriotic citizens who framed it, as well as of those who rat- ified it, than one which subverts every sound principle and rule of con- struction 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 ten- dency to lead into error. I indulge a strong hope that the view herein MONROE r S MESSAGE ON INTERNAL IMPROVEMENTS. 517 presented will not be without effect, but will tend to satisfy the unpreju- diced and impartial that nothing more was granted, by that part, than a power to appropriate the public money raised under the other part. To what extent that power may be carried will be the next object of inquiry. It is contended, on the one side, that, as the national government is a government of limited powers, it has no right to expend money, except in the performance of acts authorized by the other specific grants, according to a strict construction of their powers ; that this grant, in neither of its branches, gives to Congress discretionary power of any kind, but is a mere instrument, in its hands, to carry into effect the powers contained in the other grants. To this construction I was inclined in the more early stage of our government ; but, on further reflection and observation, my mind has undergone a change, for reasons which I will frankly unfold. The grant consists, as heretofore observed, of a twofold power ; the first to raise, and the second to appropriate, the public money, and the terms used in both instances are general and unquilified. Each branch was ob- viously drawn with a view to the other, and the import of each tends to illustrate that of the other. The grant to raise money gives a power over every subject from which revenue may be drawn, and is made in the same manner with the grants to declare war, to raise and support armies and a navy, to regulate commerce, to establish postoffices and postroads, and with all the other specific grants to the general government. In the dis- charge of the powers contained in any of these grants, there is no other check than that which is to be found in the great principles of our system, the responsibility of the representative to his constituents. If war, for example, is necessary, and Congress declare it for good cause, their con- stituents 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 govern- ments the most heartfelt consolation to know, and from the best evidence, our own experience, that, in great emergences, the boldest measures, such as form the strongest appeals to the virtue and patriotism of the people, are sure to obtain their most decided approbation. But should the repre- sentative act corruptly, and betray his trust, or otherwise prove that he was unworthy of the confidence of his constituents, he would be equally sure to lose it, and to be removed and otherwise censured, according to his deserts. The power to raise money by taxes, duties, imposts, and exci- ses, 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 re- sponsibility of the representative to his constituents. Congress know the extent of the public engagements, and the sums necessary to meet them ; tiiey know how much may be derived from each branch of revenue, with- out pressing it too far ; and, paying due regard to the interests of the peo- ple, they likewise know which branch ought to be resorted to, in the first instance. From the commencement of the government, two branches of this power, duties arid imposts, have been in constant operation, the reve- nue from which has supported the government in its various branches, and met iis other ordinary engagements. In great emergencies, the other two, taxes and excises, have likewise been resorted to, and neither was the right nor the policy ever called in question. if we look to the second branch of this power, that which authorizes the appropriation of the money thus raised, we find that it is not less gen- eral and unqualified than the power to raise it. More comprehensive terms 518 MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. than to " pay the debts and provide for the common defence and general welfare," could not have been used. So intimately connected with, and dependent on, each other, are these two branches of power, that, had either been limited, the limitation would have had the like effect on the other. Had the power to raise money been conditional, or restricted to special purposes, the appropriation must have corresponded with it, for none but the money raised could be appropriated, nor could it be appropriated to other purposes than those which were permitted. On the other hand, if the right of appropriation had been restricted to certain purposes, it would be useless and imprdper to raise more than would be adequate to those purposes. It may fairly be inferred that these restraints or checks have been carefully and intentionally avoided. The power, in each branch, is alike broad and unqualified, and each is drawn with peculiar fitness to the other ; the latter requiring terms of great extent and force to accommodate the former, which have been adopted, and both placed in the same clause and sentence. Can it be presumed that all these circumstances were so nicely adjusted by mere accident ? Is it not more just to conclude that they were the result of due deliberation and design ? Had it been intended that Congress should be restricted .in the appropriation of the public money to such expenditures as were authorized by a rigid construction of the other specific grants, how easy would it have been to have provided for il by a declaration to that effect. The omission of such declaration is, there- fore, an additional proof that it was not intended that the grant should be so construed. It was evidently impossible to have subjected this grant, in either branch, to such restriction, without exposing the government to very serious em- barrassment. How carry it into effect ? If the grant had been made in any degree dependent upon the states, the government would have expe- rienced the fate of the confederation. Like it, it would have withered and soon perished. Had the supreme court been authorized, or should any- other tribunal, distinct from the government, be authorized, to interpose 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 neces- sary ; that such a tax or duty was useless ; that the appropriation to this or that purpose was unconstitutional ; the movement might have been sus- pended, and the whole system disorganized. It was impossible to have created a power within the government, or any other power distinct from Congress and the executive, which should control the movement of the government in this respect, and not destroy it. Had it been declared, by a. clause in the constitution, that the expenditures under this grant should be restricted to the construction which might be given of the other grants, such restraint, though the most innocent, could not have failed to have had an injurious effect on the vital principles of the government, and often on its most important measures. Those who might wish to defeat a measure proposed, might construe the power relied on in support of it in a narrow and contracted manner, and in that way fix a precedent inconsistent with the true import of the grant. At other times, those who favored a meas- ure, might give to the power relied on a forced or strained construction, and, succeeding in the object, fix a precedent in the opposite extreme. Thus it is manifest that, if the right of appropriation be confined to that limit, measures may oftentimes be carried, or defeated, by considerations and motives altogether independent of, and unconnected with, their merits, and the several powers of Congress receive constructions equally incon- MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 519 sistent 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 construc- tion, while 1 do not perceive any serious objection to it. If it be estab- lished, it follows that the, words, " to provide for the common defence and general welfare," have a definite, safe, and useful meaning. The idea of their forming an original grant, with unlimited power, superseding every other grant, is abandoned. They will be considered, simply, as convey- ing a right of appropriation ; a right indispensable to that of raising a reve- nue, and necessary to expenditures under every grant. By it, as already observed, no new power will be taken from the states, the money to be appropriated being raised under a power already granted to Congress. By it, too, the motive for giving a forced or strained construction to any of the other specific grants will, in most instances, be diminished, and, in many, utterly destroyed. The importance of this consideration can not be too highly estimated, since, in addition to the examples already given, it ought particularly to be recollected, that, to whatever extent any specific 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 car- rying into effect every other grant, is a strong argument in favor of the construction contended for. All the other grants are limited by the na- ture of the offices which they have severally to perform, each conveying a power to do a certain thing, and that only, whereas this is coextensive with the great scheme of the government itself. It is the lever which raises and puts the whole machinery in motion, and continues the move- ment. Should either of the other grants fail, in consequence of any con- dition or limitation attached to it, or misconstruction of its powers, much injury might follow, but still it would be the failure of one branch of power, of one item in the system only. All the others might move on. But should the right to raise and appropriate the public money be improperly restricted, the whole system might be sensibly affected, if not disorganized. Each of the other grants is limited by the nature of the grant itself. This, by the nature of the government only. Hence it became necessary that, like the power to declare war, this power should be commensurate with the great scheme of the government, and with all its purposes. If, then, the right to raise and appropriate the public money is noi re- stricted 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 public money to any and to every purpose, according to their will and pleasure ? They cer- tainly have not. The government of the United Slates is a limited gov- ernment, instituted for great national purposes, and for those only. Other interests are committed to the states whose duty it is to provide for them. Each government should look to the great and essential purposes for which it was instituted, and confine itself to those purposes. A slate 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 states should desire it. The people of the other states would condemn it. They would declare that Congress had no right to tax them for such *. purpose, and dismiss, at the next election, such of their representatives 520 MONROE'S MESSAGE ON 'NTERNAL IMPROVEMENTS. as had voted for the measure, especially if it should be severely felt. 1 do not think that in offices of this kind there is much danger of the two governments mistaking their interests or their duties. I rather expect that they would soon have a clear and distinct understanding of them, and move on in great harmony. Good roads and canals will promote many very important national pur- poses. They will facilitate the operations of war, the movements of troops, the transportation of cannon, of provisions, and every warlike store, much to our advantage and to the disadvantage of the enemy in time of war. Good roads will facilitate the transportation of the mail, and thereby promote the purposes of commerce and political intelligence among the people. They will, by being properly directed to these objects, enhance the value of our vacant lands, a treasure of vast resource to the nation. To the appropriation of the public money to improvements, having these ob- jects in view, and carried to a certain extent, I do not see any well-founded constitutional objection. In regard to our foreign concerns, provided they are managed with in- tegrity and ability, great liberality is allowable in the application of the public money. In the managemem-of these concerns, no state interests can be affected, no state rights violated. The complete and exclusive control over them is vested in Congress. The power to form treaties of alliance and commerce with foreign powers ; to regulate by law our com- merce with them ; to determine on peace or war ; to raise armies and a navy ; to call forth the militia and direct their operations ; belongs to the general government. These great powers, embracing the whole scope of our foreign relations, being granted, on what principle can it be said that the minor are withheld ? Are not the latter clearly and evidently com- prised in the former ? Nations are sometimes called upon to perform to each other acts of humanity and kindness, of which we see so many illus- trious examples between individuals in private life. Great calamities make appeals to the benevolence of mankind, which ought not to be re- sisted. Good offices in such emergences exalt the character of the party rendering- them. By exciting grateful feelings, they soften the intercourse between nations, and tend to prevent war. Surely, if the United States have a right to make war, they have a right to prevent it. How was it possible to grant to Congress a power for such minor purposes, other than in general terms, comprising it within the scope and policy of that which conveyed it for the greater ? The right of appropriation is nothing more than a right to apply the public money to this or that purpose. It has no incidental power, nor does it draw after it any consequences of that kind. All that Congress could do under it, in the case of internal improvements, would be to appro- priate the money necessary to make them. For every act requiring legis- lative sanction or support the state authority must be relied on. The con- demnation of the land, if the proprietors should refuse to sell it, the establishment of turnpikes and tolls, and the protection of the work when finished, must be done by the state. To these purposes the powers of the general government are believed to be utterly incompetent. To the objection that the United States have no power, in any instance, which is not complete to all the purposes to which it may be made instru- mental, arid, in consequence, that they have no right to appropriate any portion of the public money to internal improvements, because they have not the right of sovereignty and jurisdiction over them when made, a full MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS 521 answei has, it is presumed, been already given. It may, however, be proper to add, that, if this objection was well founded, it would riot 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 ac- commodate 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 ? Nei- ther of these claims has ever been set up, nor could it, as is presumed, be sustained. They have invariably either rented houses, where such as were suitable could be obtained, or, where they could not, purchased the ground of individuals, erected the buildings, and held them under the laws of the state. Under the power to establish postoffices and postroads, houses are also requisite for the reception of the mails and the transaction of the business of the several offices. These have always been rented or purchased, and held under the laws of the state, in the same manner as if they had been taken by a citizen. The United States have a right to establish tribunals inferior to the supreme court, and such have been established in every state of the Union. It is believed that the houses for these inferior courts have invariably been rented. No right of jurisdiction in them has ever been claimed, nor other right than that of privilege, and that only while the court was in session. A still stronger case may be urged. Should Congress be compelled, by invasion or other cause, to re- move the government to some town within one of the states, would they have a right of jurisdiction over such town, or hold even the house in which they held their session, under other authority than the laws of such state ? It is believed that they would not. If th< y have a right to appropriate money for any of these purposes, to be laid out under the pro- tection of the laws of the state, surely they have an equal right to do it for the purposes of internal improvements. It is believed that there is not a corporation in the Union which does not exercise great discretion in the application of the money raised by it, to the purposes of its institution. It would be strange if the government of the United States, which was instituted for such important purposes, and en- dowed with such extensive powers, should not be allowed at least equal discretion and authority. The evil to be particularly avoided is, the vio- lation of state-rights ; shunning that, it seems to be reasonable and proper that the powers of Congress should be so construed as that the general government, in its intercourse with other nations, and in our internal con- cerns, 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 tho view ta- ken of the right of appropriation, both as to its extent and limitation, as will be shown by a reference to the laws, commencing nt a very early pe- riod. Many roads have been opened, of \vhirh tho following are the prin- c'jKil : The first, from Cumberland, at the head waters of tho Potomac, in 522 MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. the state of Maryland, through Pennsylvania and Virginia, to the state of Ohio, March 29, 1806. See vol. 4th, page 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 31st degree of north latitude: April 31st, 1806, page 58. The third, from 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 31st degree of north latitude, on the route from Athens to New Orleans, under such regulations as might be agreed on between the executive and the Spanish government: March 3d, 1807, page 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 12th, 1811, page 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 8th, 1812, page 367. The ninth, for repairing, and keeping in repair, the road between Columbia, on Duck river, in Tennessee, and Madisonville, in Louisiana ; and also the road between Fort Hawkins, in Georgia, and Fort Stoddard : April 27th, 1816, page 1 04 of the acts of that year. The tenth, from the Shawneetown, on the Ohio river, to the Sabine, and to Kaskaskias, in Illinois : April 27th, 1816, page 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 3d, 1817, page 252. The twelfth : by this act, authority was given to the president to appoint three commissioners for the purpose of examining the country, and laying out a road from the termination of the Cumberland road, at Wheeling, on the Ohio, through the states of Ohio, Indiana, and Illinois, to a point to be chosen by them, on the left bank of the Mississippi, between St. Louis and the mouth of the Illinois river, and to report an accurate plan of the said road, with an estimate of the expense of making it. It is, however, declared by the a^t, that nothing was thereby intended to imply an obli- gation, on the part of the United States, to make, or defray the expense of making, the said road, or any part thereof. In the late war, two other roads were made by the troops, for military purposes ; one from the Upper Sandusky, in the state of Ohio, through the Black swamp, toward Detroit, and another from Plattsburg, on Lake Cham- plain, throgh the Chatougee woods, toward Sackett's harbor, which have since been repaired and improved by the troops. Of these latter there is no notice in the laws. The extra pay to the soldiers for repairing and improving those roads, was advanced, in the first instance, from the ap- propriation to the quartermaster's department, and afterward provided for by a specific appropriation by Congress. The necessity of keeping those roads open and in good repair, being, on the frontier, to facilitate a com- munication between our posts, is apparent. All of these roads, except the first, were formed merely by cutting down the trees, and throwing logs across so as to make causeways over such parts as were otherwise impassable. The execution was of the coarsest kind. The Cumberland road is the only regular work which has been undertaken by the general government, or which could give rise to any question between the two governments respecting its powers. It is a great work, over the highest mountains in our Union, connecting, from the MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 523 seat of government, the eastern with the western waters, and more inti- mately the Atlantic with the western states, in the formation of which 1,800,000 dollars have been expended. The measures pursued in this case require to be particularly noticed, as fixing the opinion of the parties. and particularly of Congress, on the important question of the right. Passing through Maryland, Pennsylvania, and Virginia, it was thought, necessary and proper to bring the subject before their respective legisla- tures, to obtain their sanction, which was granted by each state, by a legis- lative act, approving the route and providing for the purchase and con- demnation 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 de- frayed 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 pro- prietors 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 be- longed to the state and not to the United States ; and that they could per- form no act which should tend to weaken the power of the state, or to as- sume 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 pur- poses," after describing the limits of the proposed new state, and authori- zing 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 number sixteen of every township, or, where such section had been sold, other lands equivalent thereto, should be granted to the inhabitants of such tqwiiship for the use of free schools. Second, that the six miles reservation, in- cluding the salt springs commonly called the Sciota salt springs ; the salt springs near the Muskingum river, and in the military tract, with tlie sections which include the same, should be granted to the said state, tor 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 lor more than ten years. Third, that one twentieth part of the pro- ceeds of the public lands lying within the said slate, which might be sold by Congress, from and after the 30th June enduing, should be applied to 524 MONROE'S MESSAGE ON INTERVAL IMPROVEMENTS. the laying out and making public roads from the navigable waters empty- ing 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 conven- tion of the state should provide, by an ordinance, irrevocable without the consent of the United States, that every tract of land sold by Congress, after the 30th of June ensuing, should remain, for the term of five years after sale, exempt from every species of tax whatsoever. It is impossible to read the ordinance of the 2!id of April, 1781, or the provisions of the act of April 30th, 1802, which are founded on it, without being profoundly impressed with the enlightened and magnanimous policy which dictated them. Anticipating that the new states would be settled by the inhabitants of the original states and their offspring, no narrow or contracted jealousy was entertained of their admission into the Union, in equal participation in the national sovereignty with the original states. It was foreseen at the early period at which that ordinance passed, that the expansion of our Union to the lakes and to the Mississippi and all its waters, would not only make us a greater power, but cement the Union itself. These three propositions were well calculated to promote these great results. A grant of land to each township, for free schools, and of the salt springs to the state, which were within its limits, for the use of its citizens, with five per cent, of the money to be raised from the sale of lands within the state, for the construction of roads between the original states and the new state, and of other roads within the state, indicated a spirit not to be mistaken, nor could it fail to produce a corresponding effect in the bosoms of those to whom it was addressed. For these considera- tions the sole return required of the convention was, that the new state should not tax the public lands which might be sold by the United States within it, for the term of five years after they should be sold. As the value of these lands would be enhanced by this exemption from taxes for that term, and from which the new state would derive its proportionable benefit, and as it would also promote the rapid sale of those lands, and with it the augmentation of its own population, it can not be doubted, had this exemption been suggested, unaccompanied by any propositions of particular advantage, that the convention would, in consideration of the relation which had before existed between the parties, and was about to be so much improved, most willingly have acceded to it, and without re- garding 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 grounds as if such compact had not been made, and, in consequence, that the example in favor of the right of appropriation is in no manner affected by it. The same rule of construction of the right of appropriation has boen ob served, and the same liberal policy pursued, toward the other new states, with certain modifications adapted to the situation of each, which were adopted with the state of Ohio. As, however, the reasoning which is ap plicable to the compact with Ohio, in relntion to the right of appropriation, in which light only I have adverted to it, is equally applicable to the several MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 525 compacts with the other new states, I deem it unnecessary to take a par- ticular notice of them. It is proper to observe that the money which was employed in tlv.-j con- struction of all the other roads, was taken directly from the treasury. This fact affords an additional proof, that, in the contemplation of Congress, no difference existed in the application of money to those roads, between that which was raised by the sale of lands, and that which was derived from taxes, duties, imposts and excises. So far, I have confined my remarks to the acts of Congress respecting the right of appropriation to such measures only as operate internally and affect the territory of the individual states. In adverting to those which operate externally and relate to foreign powers, I find only two which appear to merit particular attention. These were gratuitous grants of money for the relief of foreigners in distress ; the first in 1794, to the inhabitants of St. Domingo, who sought an asylum on our coast from the convulsions and calamities of the island ; the second, in 1812, to the people of Caraccas, reduced to misery by an earthquake. The considerations which were applicable to these grants have already been noticed and need not be repeated. In this examination of the right of appropriation, I thought it proper to present to view, also, the practice of the government under it, and to ex- plore the ground on which each example rested, that the precise nature and extent of the construction thereby given of the right might be clearly understood. The right to raise money would have given, as is presumed, the right to use it, although nothing had been said to that effect in the constitution. And where the right to raise it is granted, without special limitation, we must look for such limitation toother causes. Our attention is first drawn to the right to appropriate, and not finding it there, we must then look to the general powers of the government, as designated by the specific grants, and to the purposes contemplated by them, allowing to this the right to raise money, the first and most important of the enumerated powers, a scope which will be competent to those purposes. The practice of the government, as illustrated by numerous and strong examples directly applicable, ought surely to have great weight in fixing the construction of each grant. It ought, I presume, to settle it, especially where it is ac- quiesced in by the nation, and produces a manifest and positive good. A practical construction, thus supported, shows that it has reason on its side, and is called for by the interests of the Union. Hence, too, the presump- tion 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 practise on it to say one thing and to do another. Wherein consists the danger of giving a liberal construction to the right of Congress to raise and appropriate the public money .' It has been shown that its obvious effect is to secure the rights of the states from en- croachment and greater harmony in the political movement between the two governments, while it enlarges, to a certain extent, in the most harmless way, the useful agency of the general government for all the purposes of its insti- tution. Is not the responsibility of the representative to his constituent, in every branch of the general government, equally strong, and as sensibly felt, as in the state governments? and is not the security against abuse an effectual in the one as in the other government ? The history of the general government, in all its measures, fully demonstrates that Congress 526 MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS will never venture to impose unnecessary burdens on the people, or any that can be avoided. Duties and imposts have always been light, not greater, perhaps, than would have been imposed for the encouragement of our manufactures, had there been no occasion for the revenue arising from them ; and taxes and excises have never been laid, except in cases of necessity, and repealed as soon as the necessity ceased. Under this mild process, and the sale of some hundreds of millions of acres of good land, the government will be possessed of money, which may be applied with great ad vantage to national purposes. Within the states only will it be applied, and, of course, for their benefit, it not being presumable that such appeals as were made to the benevolence of the country, in the instances of the inhabitants of St. Domingo and Caraccas, will often occur. How, then, shall this revenue be applied ? Should it be idle in the treasury ? That our resour- ces will be equal to such useful purposes, I have no doubt, especially if, by completing our fortifications, and raising and maintaining our navy at the point provided for, immediately after the war. we sustain our present altitude, and preserve, by means thereof, for any length of time, the peace of the Union. When we hear charges raised against other governments of breaches of their constitutions, or rather of their charters, we always anticipate the most serious consequences : communities deprived of privileges which they have long enjoyed, or individuals oppressed and punished, in violation of the ordinary forms and guards of trial to which they were accustomed and entitled. How different is the situation of the United States! Nor can anything mark more strongly the great characteristics of that differ- ence, than the grounds on which like charges are raised against this government. It is not alleged that any portion of the community, or any individual, has been oppressed, or that money has been raised under a doubtful title. The principal charges are, that a work of great utility to the Union, and affecting, immediately, arid 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 inde- pendence of their country, have been granted, by money, too, raised not only without oppression, but almost without being felt, and under an ac knowledged 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 defence 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 moneys are also limited ; the extent of the government, as designated by the specific grants, marking the extent of the power in both branches, extending, however, to every object embraced by the fair scope of those grants, and not confined to a strict construction of their respective powers, it being safer to aid the purposes of those grants by the appropriation of money, than to ejctend, by a forced construction, the grant itself. That, although the right to appro- priate the public money to such improvements, affords a resource indis- pensably necessary to such a scheme, it is, nevertheless, deficient as a power in the great characteristics on which its execution depends MONROE'S MESSAGE o.v INTERNAL. IMPROVEMENTS. 527 The substance of what has been urged on this subject may be expressed in a few words. My idea is, that Congress have an unlimited power to raise money, and that in its appropriation, they have a discretionary power, restricted only by the duty to appropriate it to purposes of common defence, and of general, not local, national, not state, benefit. I will now proceed to the fifth source from which the power is said to be derived, viz. The power to make all laws which shall be necessary and proper for carrying into execution all the power vested by the con- stitution in the government of the United States, or in any department or officer thereof. This is the 17th and last of the enumerated powers granted to Congress. I have always considered this power as having been granted on a princi- ple of greater caution to secure the complete execution of all the powers which had been vested in the general government. It contains no distinct and specific power, as every other grant does, such as to lay and collect taxes, to declare war, to regulate commerce, and the like. Looking to the whole scheme of the general government, it gives to Congress authority to make all laws which should be deemed necessary and proper for carrying all its powers into effect. My impression has been invariably, that this power would have existed, substantially, if this grant had not been made ; for why is any power granted, unless it be to be executed when required, and how can it be executed under our government, unless it be by laws necessary and proper for the purpose, that is, well adapted to the end ? It is a principle universally admitted, that a grant of a power conveys, as a necessary consequence or incident to it, the means of carrying it into effect, by a fair construction of its import. In the formation, however, of a constitution which was to act directly upon the people, and be paramount, to the extent of its powers, to the constitutions of the states, it was wise in its framers to leave nothing to implication which might be reduced to certainty. It is known that all power which rests solely on that ground has been systematically and zealously opposed under all governments with which we have any acquaintance ; and it was reasonable to presume that, under our system, where there was a division of the sovereignty between two independent governments, the measures of the general government would excite equal jealousy, and produce an opposition not less systematic, though, perhaps, less violent. Hence the policy, by the framers of our government, of securing, by a fundamental declaration in the constitution, a principle which, in all other governments, had been left to implication only. The terms necessary and proper secure to the powers of all the grants, to which the authority given in this is applicable, a fair and sound construction, which is equally binding, as a rule, on both governments, and on all their departments. In examining the right of the general government to adopt and execute, under this grant, a system of internal improvement, the sole question to be decided is, whether the power has been granted under any of the other grants. If it has, this power is applicable to it, to the extent stated. If it has not, it does not exist at all, for it has not been hereby granted. I have already examined all the other grants (one only excepted, which will next cl'iim attention), and shown, as I presume, on the most liberal construction of their powers, that the right has not been granted by any of them Hence it follows, that, in regard to them, it has not been granted by this. I come now to the last source from which this power is said to be de- rived, viz., the power to dispose of, and nvike all needful rules and regu- c-28 MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS lations respecting, the territory or other property of the United States which is contained in the second clause of the third section of the fourth article of the constitution. To form a just opinion of the nature and extent of this power, it will be necessary to bring into view the provisions contained in the first clause of the section of the article referred to, which makes an essential part of the policy in question. By this it is declared, that new states shall be ad- mitted into the Union, but that 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 United States. If we recur to the condition of our country, at the commencement of the revolution, we shall see the origin and cause of these provisions. By the charters of the several colonies, limits by latitude and other descriptions, were assigned to each. In commencing the revolution, the colonies, as has already been observed, claimed by those limits, although their popula- tion extended, in many instances, to a small portion of the territory lying within them. It was contended, by some of the states, after the declara- tion of independence, that the vacant lands, lying within any of the states, should become the property of the Union, as, by a common exertion, they would be acquired. This claim was resisted by the others, on the princi- ple that all the states entered into the contest in the full extent of their "chartered rights, and that they ought to have the full benefit of those rights in the event of success. Happily, this controversy was settled, as all interfering* claims and pretensions, between the members of our Union, and between the general government, and any of these members, have been, in the most amicable manner, and to the satisfaction of all parties. On the recommendation of Congress, the individual states, having such territory within their chartered limits, ceded large portions thereof to the United States, on condition that it should be laid off into districts of proper dimensions, the lands to be sold for the benefit of the United States ; and that the districts be admitted into the Union, when they should obtain such a population as it might be thought proper and reasonable to prescribe. This is the territory, and this the property, referred to in the second clause of the 4th article of the constitution. All the states which had made cessions of vacant territory, except Georgia, had made them before the adoption of the constitution, and that state had made a proposition to Congress to that effect, which was under consideration at the time the constitution was adopted. The cession was completed after the adoption of the constitution. It was made on the same principle, and on similar conditions, with those which had been already made by the other states. As differences might arise respecting the right or the policy in Congress to admit new states into the Union, under the new government, or to make regulations for the government of the territory ceded in the intermediate state, or for the improvement and sale of the public lands, or to accept other cessions, it was thought proper to make special provisions for these objects, which was accordingly done by the above recited clause in the constitution. Thus the power of Congress over the ceded territory was not only limited to these special objects, but was also* temporary. As soon as the territory became a state, the jurisdiction over it, as it had before existed, ceased. It extended afterward only to the unsold lands, and as soon as the whole were sold, it ceased in that sense, also, altogether. From that MONROE'S MESSAGE ON INTERNAL IMPROVEMENTS. 529 moment, the United States have no jurisdiction or power in the new states, other than in the old, nor can it be obtained except by an amendment of the constitution. Since then it is manifest that the power granted to Congress to dispose of, and make all needful regulations respecting, the territory and other property of the United States, relates solely to the territory and property which had been ceded by individual states, and which, after such cession, lay without their respective limits, and for which special provision was deemed necessary, the main powers of the constitution operating internally, not being applicable or adequate thereto, it follows that this power gives no authority, and has even no bearing on the question of internal improve- ment. The authority to admit new states and to dispose of the property and regulate the territory, is not among the enumerated powers granted to Congress, because the duties to be performed under it are not among the ordinary duties of that body, like the imposition of taxes, the regulation of commerce, and the like. They are objects in their nature special, and for which special provision was more suitable and proper. Having now examined all the powers of Congress, under which the right to adopt and execute a system of internal improvement is claimed, and the reasons in support of it, in each instance, I think that it may fairly be concluded that such a right has not been granted. It appears, and is admitted, that much may be done in aid of such a system, by the right which is derived from several of the existing grants, and more especially from that to appropriate the public money. But still it is manifest, that, as a system for the United States, it can never be carried into effect, under that grant, nor under all of them united, the great and essential power be- ing deficient ; consisting of a right to take up the subject on principle ; to cause our Union to be examined by men of science, with a view to such improvements ; to authorize commissioners to lay off the roads and canals in all proper directions ; to take the land at a valuation if necessary, and to construct the works ; to pass laws, with suitable penalties for their protection ; and to raise a revenue from them ; to keep them in repair, and make further improvement, by the establishment of turnpikes and tolls, with gates to be placed at the proper distances. It need scarcely be remarked, that this power will operate, like many others now existing, without affecting the sovereignty of the states, except in the particular offices to be performed. The jurisdiction of the several states may still exist over the roads and canals within their respective limits, extending alike to persons and property, as if the right to make and protect such improvements bad not been vested in Congress. The right being made commensurate simply with the purposes indispensable to the system, may be strictly confined to them. The right of Congress to pro- tect the works, by laws, imposing penalties, would operate on the same principle as the right to protect the mail. The act being punishable only, a jurisdiction over the place would be altogether unnecessary and even absurd. In the preceding inquiry, little has been said of the advantages which would attend the exercise of such a power by the general government. I have made the inquiry under a deep conviction that they are almost incal- culable, and that there was a general concurrence of opinion among our fellow-citizens to that effect. Still it may not be improper for me to state the grounds upon which my own impression is founded. If it sheds no additional light on this interesting part of the subject, it will, at least VOL. I. 34 530 MONROE'S MESSAGE ox INTERNAL IMPROVEMENTS. show that I have had more than one powerful motive for making the in- quiry. A general idea is all that I shall attempt. The advantages of such a system must depend upon the interests to be affected by it, and the extent to which they may be affected, and those must depend on the capacity of our country for improvement, and the means at its command applicable to that object. I think that I may venture to affirm that there is no part of our globe, comprehending so many degrees of latitude on the main ocean, and so many degrees of longitude into the interior, that admits of such great im- provement, and at so little expense. The Atlantic, on the one side, and the lakes, forming almost inland seas, on the other ; separated by high mountains which rise in the valley of the St. Lawrence, and terminate in that of the Mississippi, traversing from north to south, almost the whole interior ; with innumerable rivers on every side of those mountains, some of vast extent, many of which take their sources near to each other, give the great outline ; the details are to be seen on the valuable maps of our country. It appears, by the light already before the public, that it is practicable and easy to connect, by canals, the whole coast, from its southern to its northern extremity, in one continued inland navigation ; and to connect, in like manner, in many parts, the western lakes and rivers with each other. It is equally practicable and easy to facilitate the intercourse be- tween the Atlantic and the western country, by improving the navigation of many of the rivers, which have their sources near to each other in the mountains, on each side, and by good roads across the mountains, between the highest navigable points of those rivers. In addition to the example of the Cumberland road, already noticed, another of this kind is now in train, from the head waters of the river James to those of the Kanawha ; and in like manner may the Savannah be connected with the Tennessee. In some instances it is understand that the eastern and western waters may be connected together directly, by canals. One great work of this kind is now in its progress, and far advanced in the state of New York, and there is good reason to believe that two others may be formed, one at each extremity of the high mountains abovementioned, connecting in the one instance the waters of the St. Lawrence with Lake Champlain, and in the other, some of the most important of the western rivers with those emptying into the gulf of Mexico ; the advantage of which will be seen at the first glance, by an enlightened observer. Great improvements may also be made by good roads, in proper direc- tions, through the interior of the country. As these roads would be laid out on principle, on a full view of the country, its mountains, rivers, &c., it would be tiseless, if I had the knowledge, to go into detail respecting them. Much has been done by some of the states, but yet much remains to be done with a view to the Union. Under the colonial governments, improvements of this kind were not thought of. There was, it is believed, riot one canal, and little communi- cation from colony to colony. It was their policy to encourage the inter- course between each colony and the parent-country only. The roads which were attended to, were those which led from the interior of each colony, to its principal towns on the navigable waters. By those routes the produce of the country was carried to the coast, and shipped thence to the mercantile houses in London, Liverpool, Glasgow, or other towns to which the trade was earned on. It is believed that there was but one MONROE'S MESSAGE o.v INTERNAL IMPROVEMENTS. 531 connected route from north to south at the commencement of the revolu- tion ; and that a very imperfect one. The existence and principle of our union point out the necessity of a very different policy. The advantages which would be derived from such improvements are incalculable. The facility which would thereby be afforded to the trans- portation of the whole of the rich productions of our country to market, would alone more than amply compensate for all the labor and expense attending them. Great, however, as is that advantage, it is one only of many, and by no means the most important. Every power of the general government and of the state governments, connected with the strength and resources of the country, would be made more efficient for the purposes intended by them. In war, they would facilitate the transportation of men, ordnance, and provisions, and munitions of war, of every kind, to every part of our extensive coast and interior, on which an attack might be made or threatened. Those who have any knowledge of the occur- rences of the late war, must know the good effect which would result in the event of another war, from the command of an interior navigation alone, along the coast, for all the purposes of war, as well as of commerce, between the different parts of our Union. The impediments to all mili- tary operations, which proceeded from the want of such a navigation, and the reliance which was placed, notwithstanding those impediments, on such a commerce, can not be forgotten. In every other line their good effect would be most sensibly felt. Intelligence by means of the postof- fice department would be more easily, extensively, and rapidly diffused. Parts the most remote from each other would be brought more closely to- gether. 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 cor- responding difference in the produce of the soil ; that one part should raise what the other might want. It is equally natural that the pursuits of industry should vary in like manner ; that labor should be cheaper, and manufactures succeed better, in one part than in another. That where the climate was most severe and the soil less productive, navigation, the fisheries, and commerce, should be most relied on. Hence, the motive for an exchange for mutual accommodation, and active intercourse, be- tween them. Each part would thus find for the surplus of its labor, in whatever article it consisted, an extensive market at home, which would bo the most profitable because free from duty. There is another view in which these improvements are still of more vital importance. The effect which they would have on the bond of union itself, affords an inducement for them, more powerful than any which have been urged, or than all of them united. The only danger to which our system is exposed arises from its expansion over a va establish a temporary 550 ADMINISTRATION OF MONROE. government therein ; and an act to provide for the prompt settlement of public accounts. The conduct of General Jackson with regard to the Seminole war in Florida, was a subject of inquiry in both houses of Congress. In the house of representatives a report was made on the subject by the commit- tee on military affairs, disapproving of the general's proceedings, and con- cluding with resolutions of censure. After an able and protracted debate, the report and resolutions were rejected by a large majority. A treaty with Spain was concluded at Washington on the 22d of February, 1819, by John Quincy Adams, secretary of state, on the part of the United States, and Don Luis de Onis on the part of Spain, by which East and West Florida, with all the islands adjacent, were ceded by Spain to the United States. The boundary between the territories of the two powers was also settled by this treaty. A sum not exceeding five millions of dol- lars was to be paid by the United States, out of the proceeds of sales of lands in Florida, or in stock, or money, to citizens of the United States, on account of former spoliations on American commerce by Spanish vessels-of-war. This treaty was ratified by the king of Spain in Octo- ber^ 1820. A convention was concluded between the United States and Great Brit- ain, in October, 1818, and afterward ratified by both governments ; but the subject of impressment was not embraced in the treaty, nor that of the trade between the United States and the British colonies, though both points were urged by the negotiators on the part of the United States. The principal articles related to the Newfoundland and other fisheries, to the northern boundary line between the territories of each nation, from the lake of the Woods to the Rocky mountains ; to the renewal and con- tinuance of the convention of 1815 for the term of ten years ; and to the restoration of slaves belonging to citizens of the United States, taken in the course of the war of 1812, as formerly stipulated by the treaty of Ghent. During the summer of 1819, the president made a tour through the southern section of the country, for similar objects to those which had in- duced his visit to the north in 1817. In his southern tour the president visited Charleston, Savannah, and Augusta ; after which he proceeded through the Cherokee nation to Nashville, Tennessee, and thence to Lou- isville and Lexington, Kentucky ; returning to Washington in the month of August. The attention of the government continued to be directed chiefly to the financial concerns of the country, by effecting sales of the public lands, and reducing the national debt, as well as to a gradual completion of for- tifications for defence. The demands on the treasury had increased, on account of the great number of pensioners under the law of 1818. More than a million of dollars were paid to the veterans of the revolution in one year; and the revenue arising from imports in 1817 was less than in the ADMINISTRATION 9F MONROE. 551 preceding year. Embarrassments of a pecuniary nature affected most parts of the United States, in 1818 and 1819, and the influence to some extent was felt in the revenue.* At this period the manufacturing interests of the United States were in a state of extreme depression, owing to the importations of foreign goods at constantly reduced prices, and the general pressure in the monetary affairs of the nation. The president was known to be friendly to further protection of domestic manufactures, by a proper revision of the tariff on imports, and great efforts were made in the northern and middle states to influence public opinion and the action of Congress in favor of the na- tional industry. The sixteenth Congress assembled on the 6th of December, 1819, and, being the first session, was continued until the 15th of May, 1820. Mr. Clay was again elected speaker, by nearly a unanimous vote, and Mr. Gaillard was continued as president pro tempore of the senate. The former distinctions of party having almost if not quite disappeared in Congress, new questions of great national interest arose to divide the members. Additional protection to American manufactures ; internal im- provements by the general government ; and the acknowledgment of the independence of the South American republics ; were among the most prominent of the subjects agitated. To these was soon added the Mis- souri question, which involved the propriety and expediency of the exten- sion of slavery in new states west of the Mississippi. The state of Alabama was admitted into the Union by a resolution passed December 14, 1819 ; and an act was passed on the 3d of March, 1820, admitting the state of Maine into the Union, that state having formed a constitution by consent of Massachusetts, with which state Maine, as a province, had been connected since 1652. An act was also passed, on the 6th of March, 1820, authorizing the people of Missouri territory to form a constitution and state government, preparatory to admission into the Union. It was proposed to amend the bill on that subject by inserting a clause imposing it as a condition of admission, that the future removal or trans- portation of slaves into that territory should be prohibited. This question gave rise to the most exciting and animated debates in both houses of Congress. In the progress of the discussion in the senate, the Missouri bill was annexed to the bill for the admission of Maine, but the proposi- tion was rejected by the house of representatives, after which the bills were separated. On the last day of February, 1820, the amendment pro- posed in the house to the Missouri bill, restricting slavery, after a very long and able debate, was carried, by a majority of eight votes, but on the next day the same amendment was rejected by a majority of four. The bill was then passed without restrictions, and on the 6th of March approved by the president, Maine having been previously admitted on the 3d of March. Bradford. 553 ADMINISTRATION OF MONROE. An attempt was made to pass a new tariff act at this session, giving ad- ditional protection to American manufactures. The bill was adopted in the house of representatives by a majority of twenty, but did not receive the concurrence of the senate. Great disappointment was felt by the man- ufacturers at this result, the pressure and pecuniary distress at the time being great. The heavy importations of foreign manufactures tended to depress prices, and to ruin those engaged in manufactures in the United States. The currency was also in a deranged state. A spirit for bank- ing companies prevailed, and an unusual number of those corporations were authorized in many of the states of the Union. The country was flooded with paper-money issued by these banks, many of which were unable to redeem their bills when presented ; and the most disastrous re- sults soon followed. The national bank had been in operation between two and three years, but it had not yet gathered sufficient strength to regulate the currency, which indeed was impracticable, when the balance of trade was largely against the United States, from excessive importations. An act respecting the public lands, passed at this session, authorized sales in half quarter sections, or eighty acres, fixed the price at one dol- lar and twenty-five cents per acre, and abolished the credit system on sales of lands, directing that after July 1 , 1 820, all such sales should be made for cash only, The principle of internal improvement by the gen- eral government was sanctioned by an act to authorize a survey of a route for a continuation of the Cumberland road from the Ohio river, opposite Wheeling, Virginia, through Ohio, Indiana, and Illinois, to the Mississippi, between St. Louis and the mouth of the Illinois river, for which survey an appropriation of ten thousand dollars was made. The navigation act of April, 1818, was amended so as to extend the prohibition of British vessels from the colonies, to all places in the British provinces in America and the West Indies. This and the former act, which were proposed by Rufus King, a senator from New York, were not designed as hostile acts, but as measures called for by a regard to the interests of the navigation of the United States, and in the expectation that they might eventually lead to the adoption of liberal principles and a reciprocity in trade. The presi- dent was authorized, by an act passed at this session, to borrow three millions of dollars for the public service, the secretary of the treasury hav- ing stated that a deficiency might be expected in the revenue. Attempts were made to pass a bill for establishing a uniform system of bankruptcy ; also amending the constitution so as to provide for a uniform mode of choosing electors of president and vice-president, but, after much discus- sion, both of these propositions were rejected. The members from the northern and eastern states were generally in favor of a bankrupt law, but those from the south and west were opposed to it. The presidential election coming on in 1820, Messrs. Monroe and Tompkins were nominated for re-election as president and vice-president. ADMINISTRATION OF MONROE. 553 They were again chosen to those high offices by the electoral colleges, with great unanimity, only one, vote having been given against Mr. Mon- roe, while he received 231 ; and 14 against Mr. Tompkins, who received 218 votes. The second session of the sixteenth Congress commenced on the 13th of November, 1820, and ended on the 3d of March, 1821. Mr. Clay having sent a letter of resignation as speaker, to the clerk of the house of repre- sentatives, indispensable private business requiring his attention in the early part of the session, the house proceeded to ballot for a new speaker, but after seven trials without effecting a choice, an adjournment took place until the following day, when, after nineteen unsuccessful ballots, the election of speaker was postponed until the third day. The prominent candidates voted for were John W. Taylor, of New York, Mr. Lowndes. of South Carolina, Mr. Sergeant, of Pennsylvania, and Mr. Samuel Smith, of Maryland. On the third day a choice of speaker was effected, Mr. John W. Taylor being elected by a small majority over all other candidates. Mr. Taylor was of that section of republicans in the state of New York who supported De Witt Clinton, then governor of that state. He was decidedly favora- ble to a tariff for protection to domestic manufactures, and opposed to the extension of slavery in Missouri. The election of a speaker with these news, was of course the cause of some excitement and dissatisfaction, at a time when questions of great interest were to be determined by the ac- tion of Congress, which for a time seemed even to threaten a dissolution of the Union. The mild, impartial, and conciliatory course of the new speaker, however, tended to allay much of the feeling at first excited, at the same time that the respect of the members was elicited toward himself. The most important question agitated in Congress at this session, was the admission of Missouri into the Union. The constitution framed by the people of that state was communicated to Congress in the early part of the session, and referred to a committee who, through Mr. Lowndes, made an able report on the subject, declaring the constitution of the state repub- lican, and concluding with a resolution that Missouri be admitted into the Union on an equal footing with the original states, in all respects whatever. Mr. Lowndes, in moving to refer the resolution to a committee of the whole, stated that the report was the act of a majority of the committee, and not of every individual of the committee. The debate on the subject continued a week, and the discussion was managed with great ability and good temper. It was decided by a majority of fourteen, in the house, that Missouri could not be admitted into the Union with the constitution as presented. Those who voted against the admission, did so on the ground that the constitution of the state permitted slavery, and that there were other objectionable features in that instrument, particularly in relation to free persons of color. The members from the slave states voted unani- 554 ADMINISTRATION OF MONROE. inously for the admission of Missouri, while those from the northern and middle states, with few exceptions, voted against it. Matters were in this situation, when the Missouri question again pre- sented itself, on the fourteenth of February, 1821, the day appointed by law for opening and counting the votes for president and vice-president. Missouri having chosen presidential electors, and transmitted her votes fox 1 president and vice-president to Congress, a resolution passed the senate directing that in case any objection should be made to counting the votes from Missouri, the president of the senate should declare that, if the votes of Missouri were counted, the number of votes for A. B. for president would be so many, and if the votes of Missouri were not counted, the num- ber would be so many, and that in either case A. B. is elected. The same course to be pursued in relation to vice-president. This resolution was taken up in the house on the morning of the day when the votes were to be counted. Mr. Clay having by this time taken his seal as a member, warmly supported the resolution as the only mode of avoiding the difficulty. It was also generally supported by the members in favor of restricting Missouri as to slavery, but opposed by most of those from the slave states. It was finally agreed to on the part of the house, sometime after the hour appointed for the meeting of the two houses to count the votes. Considerable delay and confusion took place while the votes were being counted, and some of the southern members, particularly John Ran- dolph, of Virginia, made an effort to compel the house to declare that Mis- souri was a state of the Union. The course recommended by the joint resolution was finally adopted, and the president of the senate declared James Monroe and Daniel D. Tompkins duly elected president and vice- president, for the term of four years from the 4th of March, 1821. On the 26th of February, Mr. Clay, from a joint committee of the two houses appointed on the Missouri question, reported a resolution for the admission of the state into the Union, on condition that the said state, by their legislature, should assent to a condition that a part of the state con- stitution should never be construed to authorize the passage of a law by which any citizen of either of the states in the Union should 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. After debate, the final question was taken on this resolution, which was carried in the house by a vote of 87 to 81, and was concurred in by the senate on the 28th of February, and being approved by the president on the 2d of March, 1821, Missouri was admitted into the Union. Thus this exciting question was finally settled, principally through the efforts of Mr. Clay, who had also at the former session proposed and procured the adoption of a resolution, or section of compromise, in the act authorizing Missouri to form a constitution, by which slavery was to be for ever prohibited in that part of the territory west of the Mississippi (excepting the state ADMINISTRATION OF MONROE. 555 of Missouri), lying north of thirty-six degrees and thirty minutes north latitude. On the 22d of February the president issued his proclamation on the subject of the treaty which had been made with Spain, arid announced that the same had been finally ratified by both the governments of the United States and Spain. Thus, another important matter was happily brought to a conclusion. Mr. Clay again brought before Congress the question of acknowledging the independence of the Spanish provinces of South America, and in the house of representatives resolutions to that effect were adopted. In the senate a motion to declare the sedition act of 1798 unconstitu- tional, and to pay back the fines imposed by the United States courts for violations of the law, was offered by Mr. Barbour, of Virginia. After a warm debate the resolution was rejected, and the constitutionality of the law therefore sustained, by a vote of 24 to 19. At this session of Congress the peace establishment of the army was reduced by law to seven regiments of infantry, and four regiments of ar- tillery, with officers for the ordnance and engineering departments. The annual appropriation for the increase of the navy, which had been fixed in 1816 at one million of dollars, was reduced to five hundred thousand dollars. Propositions introduced into Congress to prohibit the reception for pay- ments to government in bills of state banks which issued those of a less denomination than five dollars ; and to establish a national system of edu- cation by funds accruing from the sale of the public lands, were rejected. An act was passed at this session for carrying into effect the treaty be- tween the United States and Spain, authorizing the president to take pos- session of Florida, establishing a temporary government in the territory, and extending the laws of the United States to the same. A similar act had been passed by the fifteenth Congress, two years before, namely, March 3, 1819, to take effect when the treaty with Spain should be rati- fied. The provisions of the present act were somewhat extended. A board of three commissioners, to settle claims under the treaty, was directed to be appointed, and one hundred thousand dollars were appropriated for carrying the act into effect. On Monday the 5th of March, 1821, Mr. Monroe was again inducted into office, for the term of four years. In the presence of a large con- course of his fellow-citizens, assembled in the hall of representatives at Washington, he delivered an inaugural address of more than ordinary length. The oath of office was administered to him by Chief-Justice Marshall. The seventeenth Congress held its first session from the 3d of Decem- ber, 1821, until the 8th of May, 1822. Mr. Clay not being a member of the house of representatives for this Congress, an attempt was made, prin- 556 ADMINISTRATION OF MONROE. cipally by the friends of a protective tariff, to again elect Mr. John W. Taylor speaker. Numerous ballottings took place without effecting a choice ; but finally, most of the opposition to Mr. Taylor being concentra- ted on Mr. Philip P. Barbour, of Virginia, he was chosen speaker by a small majority, over Mr. Taylor and a few scattering votes. The views of Mr. Barbour were known to be opposed to a protective tariff, and to a system of internal improvements by the general government, and he had voted against the proposed restrictions respecting slavery on the admission of Missouri. The most important acts of Congress passed at this session, were as follows : A territorial government was established in Florida, and a law was enacted for the preservation of timber on the public lands in that ter- ritory. Another act established a board of three commissioners, to ascer- tain the claims and titles to land in Florida. A law was also passed to relieve the people from the operation of certain ordinances, one of which was made by General Jackson, while governor of Florida, in 1821, and another passed by the city council of St. Augustine, in 1821. These ordinances were repealed, and declared null and void, and any person at- tempting to enforce them was to be punished by fine or imprisonment. Provision was made for receiving subscriptions to a loan of twenty-six millions of dollars, at five per cent., in exchange for stock then bearing an interest of six and seven per cent. The state of Illinois was author- ized to open a canal through the public lands to connect the Illinois river with Lake Michigan, and ninety feet of land on each side of said canal was reserved from any sale to be made by the United States ; every sec- tion of land through which the canal route might pass, was reserved from future sale, until specially directed by law. Three per cent, of the net proceeds of sales of the public lands in the state of Missouri, Mississippi, and Alabama, was directed to be paid to the said states, to be applied to the making of roads and canals within the same. The apportionment of representatives to Congress among the several states was fixed at one member for every forty thousand of federal population. The president was authorized to declare the ports of the United States open to British vessels from the colonies, on satisfactory evidence being given that the ports in the British West Indies have been opened to the vessels of the United States. The subject of a general bankrupt law was again debated, and occupied much of the time of this Congress. It was finally rejected, by a vote of 99 to 72. The question of a further protection to manufactures, particularly cottons and woollens, by additional duties on importations of those arti- cles, was rejected, but the standing committee to whom the subject was referred, having been appointed by a speaker who was opposed to protec tion, reported that any additional legislation was inexpedient. The tariff" question excited great attention and interest throughout the United States ADMINISTRATION OF MONROE., 557 The friends of protection to American manufactures were zealous and ac- tive in spreading their views among the people, and in many of the north- ern and western states the agriculturists were convinced that their inter- ests were promoted by protection, as well as that of the manufacturers. Members of Congress from the southern, and from some of the eastern states, at that time, were opposed to an increase of the tariff on foreign goods, from an impression that high duties operated unequally on different classes and sections of the community. In accordance with the recommendation of the president, a resolution was offered in the house of representatives, in January, 1822, for recogni- zing the independence of Mexico, and five provinces in South America, formerly under the dominion of Spain. The vote in the house was nearly unanimous, and one hundred thousand dollars were appropriated to defray the expenses of envoys to those republics, who were soon afterward ap- pointed by the president. A bill was passed by Congress at this session, making an appropriation for continuing the Cumberland road, but was returned by the president, with his objections, which were that the con- stitution did not authorize such appropriations. But few acts of general interest were passed at the second session of the seventeenth Congress, which was held from the 2d of December, 1822, to the 3d of March, 1823. An additional naval force was authorized for the suppression of piracy ; the state of Ohio was authorized to construct a road from the lower rapids of the Miami of Lake Erie to the western boundary of the Connecticut western reserve, and the lands for one mile on each side of the road were granted to the state to aid in the construc- tion of the road ; an act of great length was also passed, directing the manner of doing business at the customhouses of the United States in the collection of duties. Certain sections of the act of May, 1820, prohibit- ing British vessels from the colonies to enter the ports of the United States, were suspended ; and the ports of the United States were declared open to British vessels from the ports in the British colonies and West India islands named in the acts. A bill was introduced in the senate by Colonel R. M. Johnson, of Ken- tucky, for abolishing imprisonment for debts due to the United States. This measure was advocated with zeal by the mover, and it was supported by several of the senators, but it was not adopted at this session. Colonel Johnson advocated it for several successive sessions, and it became a law in 1 828. The question of additional duties on imports, particularly wool- len goods, was again agitated at this session, and debated with much warmth and zeal, but finally the bill to increase the duty on woollens was rejected. The subject of internal improvements was before Congress at this ses- sion, in various forms. It was proposed to cause surveys for canals across Cape Cod from the river Raritan to the Delaware from the Delaware 558 ADMINISTRATION OF MONROE. to Chesapeake bay from the Chesapeake to Albemarle sound and from Lake Erie to the Ohio river. But the proposal was not sanctioned by Congress. The opposition was principally on the ground of unconstitu- tionally. A discussion also arose on the motion to appropriate money for the repairs of the Cumberland road. Large sums had been expended on that work, which was deemed of national importance, but it was then in such a state as to be nearly impassable in some parts. The president had intimated a willingness to favor a bill for repairing the road, though op- posed to extending it. The session closed without any definite action on the question. A convention of navigation and commerce was made and concluded be- tween the United States and France, in 1822 ; which was ratified by the president and senate, and a law passed by both houses of Congress to carry its provisions into effect. This treaty was negotiated by the secre- tary of state, John Quincy Adams, and the Baron Hyde de Neuville, min- ister plenipotentiary of the king of France. Efforts had been made for a long time by the government of the United States, to form a treaty with France ; but the French court had manifested great reluctance to enter into a convention for the purpose. The trade of that nation did not suffer from want of such a treaty, but the United States lost many advantages by the omission. After the peace of 1815, the commerce and navigation of the United States did not reap all the advantages from that event which might justly have been hoped. A restrictive and monopolizing policy was adopted by both France and -Great Britain ; and these countries derived great benefits from the trade to the United States, while reciprocal advantages were not real- ized by the merchants of the latter. It was a constant object, for some years, particularly in 1820-'22, with enlightened politicians in the Uni- ted States, who were favorable to commerce, to devise measures for re- moving the embarrassments produced by the policy of European powers ; or to make regulations respecting the navigation and trade of foreigners to American ports, which should prove to be countervailing, in some de- gree, of the restrictive system of those governments. The principal measures adopted by Congress, with this view, were proposed or advo- cated by Mr. Rufus King, a senator from the state of New York ; than whom no one in Congress was more active in favor of commerce, or had more correct and enlarged views on the subject.* As early as 1822, when three years of Mr. Monroe's second term as president were yet unexpired, the question relative to his successor already occupied most intensely the minds of politicians at Washington, disturbed legislation, and embarrassed the action of Congress. The ex- citement on the subject steadily increased at the seat of government, and rapidly spread through the nation. Of the several candidates spoken of Bradford. ADMINISTRATION OF MONROE. 559 for president, none were supported or opposed on account of any particu- lar measures which they respectively advocated or condemned. The ques- tion about the selection of a candidate was, in fact, personal, not political ; but this circumstance, instead of rendering it less, caused it to be more exciting. The names of many gentlemen were mentioned as candidates, but the number gradually diminished, until the contest finally seemed to be confined to William H. Crawford, secretary of the treasury ; John Quincy Adams, secretary of state ; Henry Clay, speaker of the house of repre- sentatives ; John C. Calhoun, secretary of war ; and General Andrew Jackson, at that time a private citizen. Each of these candidates, during the war with Great Britain, were warm and efficient supporters of Mr. Madison's administration, and zealous members of the democratic party.* In this state of things, the elections for members of the eighteenth Con- gress took place. Most of the members, however, were chosen before the public mind had become fixed, in various parts of the country, on either of the candidates ; consequently the individual preferences of a large por- tion of the members of Congress were unknown to the people by whom they were elected. It was apparent to observing politicians, that the final choice of president would probably fall on Congress, in consequence of the number of candidates preventing a choice by the electoral colleges. It soon became evident that a large proportion of the old politicians of the democratic party had decided to support Mr. Crawford for the succes- sion. He had been, it will be recollected, a formidable candidate against Mr. Monroe in the congressional caucus in 1816. Since the election of the latter, Mr. Crawford had been a prominent member of his cabinet, as secretary of the treasury, and it was well known that he would now be sustained by Virginia and Georgia, and it was believed that he would also be supported by most of the southern democracy. The general impres- sion among political men was, that a majority of the leading and influen- tial democrats in the Union concurred in the policy of supporting Mr. Crawford. Among these was Mr. Van Buren, then a senator in Congress from the state of New York, and a leading democrat in that state, with whom other prominent men of the same party acted, sufficient in power and influence, as it was thought, to give the electoral vote of the state to Mr. Crawford. Previous to the meeting of Congress, the annual election took place in the state of New York, in November, 1823, for members of the legisla- ture, by whom the electors of president were to be chosen. The result was unexpected and very unsatisfactory to the friends of Mr. Crawford, for although they claimed a majority of the members elect, yet the city and county of New York, and many other counties, had decided against them, and the anti-Crawford men likewise claimed a majority in the legisla- ture. The latter, moreover, rested their hopes of success on the passage Hammond's History of Parties. 060 ADMINISTRATION OF MONROE. of a law by the legislature, giving the choice of electors to the people This question, which was for many months agitated in New York, gave rise to what was called the people's party, which comprised in its ranks most of the people opposed to Mr. Crawford for the presidency. On the 1st day of December, 1823, the eighteenth Congress held their first session, which continued until the 26th of May, 1824. Mr. Clay, who was again elected a member from Kentucky, was chosen speaker of the house, by a large majority, over Mr. Barbour, speaker of the last Congress. The most important acts passed at this session were those relating to the protection of American manufactures, and internal improvement. The president was authorized to cause the necessary surveys, plans, and esti- mates, to be made of the routes of such roads and canals as he might deem of national importance, for which purpose the sum of thirty thou- sand dollars was appropriated. The president, after mature deliberation, changed his former views on the subject of internal improvements by the general government, and gave this bill his approval, which proved a model and precedent for future legislation on this subject. There was a very general opinion at that time in favor of internal improvements. The tariff act passed at this session was intended as a protection to American manufactures ; it raised the duties on many articles of imports from for- eign countries coming in contact with articles manufactured in the United States. It was the result of the combined efforts of the advocates of pro- tection to domestic industry throughout the Union, added to the recom- mendation of the president and the support of members of Congress prin- cipally from the northern, middle, and western states. The bill was de- bated for weeks in both houses, and called forth the first talent in Con- gress. The most strenuous opposition was made by the members from the southern states. Some northern members voted against the bill, be- cause they were dissatisfied with its details, rather than with its general principles. The majority in its favor in the senate was four, andjn the house five only. An act was passed to provide for the extinguishment of the debt due to the United States by the purchasers of public lands, by which persons who had bought these lands on credit, of the United States, could receive a discharge of the debt, or part thereof, by relinquishing to the United States the lands so purchased, or part of the lands, according to the amount due. Donations of lands were granted to certain actual settlers in Florida. The state of Indiana was authorized to open a canal through the public lands, to connect the navigation of the waters of the Wabash river with those of Lake Erie ; and every section of land through which the said canal route might pass was reserved from future sale. The naturalization laws were amended so as to allow aliens being minors to become citizens ADMINISTRATION OF MONROE. 561 of the United States after arriving at the age of twenty-one years, provided they had resided five years in the United States. The presidential question was at this time the all-absorbing subject of interest, both among members of Congress and the people. One great point, about which the members of Congress were divided, was whether an attempt should be made to nominate candidates for president and vice- president by a congressional caucus, as had been the uniform practice of the democratic party. The friends of Mr. Crawford, with Mr. Van Buren at their head, were in favor of a caucus, and disposed to denounce all those who were opposed to this mode, which they called " regular nomi- nation," as enemies of the democratic party. A committee of members opposed to Mr. Crawford stated, in the National Intelligencer newspaper, that of two hundred and sixty-one members, it was ascertained one hun- dred and eighty-one were opposed to a caucus ; and it was added, that many others would not attend should such a meeting be called. Notwithstanding this statement, a meeting of the democratic members of Congress was called by the friends of Mr. Crawford, and on the 14th of Feb ruary, 1824, the assemblage took place. Only sixty-six members attended, ol whom forty-eight were from the four states of New York, Virginia, North Carolina, and Georgia. On a ballot for president, Mr. Crawford received 64 votes, Mr. Adams 2, General Jackson l,and Mr. Macon, of North Carol! na, 1 . Mr. Gallatin was nominated for vice-president, but afterward declined The issue of this attempt to nominate Mr. Crawford proved injurious tc his prospects, and about the same time his health became so much im paired that serious donbts were entertained of his capability on that accomv to perform the duties of the office of president in case of his election. In .he state of New York the Crawford party became very unpopular, in con sequence of some of their leading men having rejected a law proposed bv the people's party in the legislature, providing for the choice of presi- dential electors by the people. The electors in the state of New York were therefore chosen by the legislature ; but owing principally to the ef- forts of General James Tallmadge, the champion of the people's party in the legislature on that occasion, with the aid of Mr. Henry Wheaton and other zealous members of that body, the friends of Mr. Crawford met with an unexpected defeat, and the electoral vote of the state was given as fol- lows : for Adams 26, for Crawford 5, for Clay 4, for Jackson 1 . This election in New York, with the result in other states, showed thai no choice had been made for president by the electoral colleges, and ac- cording to the provisions of the constitution, the decision was referred to the house of representatives. The total votes of the colleges of electors for president, were, for Jackson 99, Adams 84, Crawford 41, Clay 37. John C. Calhoun was elected vice-president, having received 182 votes, against 78 for all others. The choice of president by the house of repre- sentatives was, as the constitution requires, confined to the three highest Vor,. I. 36 562 ADMINISTRATION OF MONROE. candidates. The election by the house was held in February, 1825, when Mr. Adams received the votes of 13 states on the first ballot, General Jack- son 7 states, and Mr. Crawford 4 states. John Quincy Adams was there- fore declared elected president of the United States for four years, from the 4th of March, 1825. The second session of the eighteenth Congress was held from the 6th of December, 1824, to the expiration of their term on the 3d of March, 1825. But few acts of general interest were passed ; among them was one to re- duce into one the several acts regulating the postoffice department. An act was also passed respecting drawbacks of duties on goods re-exported ; another to provide for the punishment of certain crimes against the United States ; and an act concerning wrecks on the coast of Florida. A resolution was offered in the senate, in February, 1825, by Mr. King, of New York, proposing that after the payment of the public debt, for which the public lands were pledged, should be made, the proceeds of the sales should be applied to the emancipation of such slaves within any of the United States, and to aid in the removal of such free persons of color as by the laws of any state were allowed to be emancipated or removed, to any territory without the limits of the United States. The resolution, which did not receive the sanction of the senate, was not designed to in- :erfere with the laws and usages of any state relating to slaves. Had it been adopted, the effect would have been similar to that the Colonization Society have in view ; and would have secured funds for the purpose. The last year of Mr. Monroe's administration was distinguished by the risit to the United States of the Marquis de Lafayette, the friend and ally of the Americans during their struggle with Great Britain in the war of ihe revolution. The administration of Mr. Monroe, which closed on the 3d of March, 1 825, was eminently prosperous and advantageous to the nation. At no period in our history has party spirit been so much subdued, and the at- tention of the national legislature more exclusively devoted to objects of public benefit. In the language of his successor, Mr. Adams, President Monroe " strengthened his country for defence, by a system of combined fortifications, military and naval, sustaining her rights, her dignity and honor abroad ; soothing her dissensions, and conciliating her acerbities at home ; controlling by a firm though peaceful policy, the hostile spirit of the European alliance against republican Southern America ; extorting, by the mild compulsion of reason, the shores of the Pacific from the stipula- ted acknowledgment of Spain ; and leading back the Imperial Autocrat of the north, to his lawful boundaries, from his hastily-asserted dominion over the southern ocean. Thus strengthening and consolidating the fed- erative edifice of his country's union, till he was entitled to say, like Augus- tus Caesar of his imperial city, that he had found her build of brick, and left her constructed of marble." BIOGRAPHICAL SKETCH OF JOHN QUINCY ADAMS WHEN the constitution of the United States was formed, in 1787, and the question of its adoption was before the people, the opponents of a con- solidated government, and those who preferred the old confederation, rep- resented the executive established by the constitution, as the chief of an elective monarchy. Mr. Jefferson considered him a bad edition of a Po- lish king, as he expressed it. But no one apprehended any danger of the office of president ever becoming hereditary. It is, however, a curious circumstance, that the only one of the first five presidents of !he United States who had a son, should have lived to see his eldest son elected to the presidency. It must not from this be supposed that the circumstances of the birth and family of John Quincy Adams had any influence in con- tributing to his elevation to the same high office which his father had previously filled. OR the contrary, the jealousy of the American people on the subject of any supposed preference in consequence of family or rank, probably operated to the prejudice of Mr. Adams, and diminished the popular support which he would otherwise have received ; for no American was ever more fully qualified by talents and education for the various important stations which he has been called to fill, than the dis- tinguished statesman who is the subject of the present memoir. Born in the year 1767, on the llth day of July, at the mansion of his father, John Adams, who then resided in Boston, although the family-seat was in the present town of Quincy, Massachusetts, John Quincy Adams (who afterward became the sixth president of the United States) took the name of John Quincy, his" great grandfather, who bore a distinguished part in the councils of the province, at the commencement of the eighteenth century.* In the very dawn of his existence the principles of American indepen- dence and freedom were instilled into the mind of the younger Adams A nnrt of this sketch is an abstract of a memoir of Mr. Adams published in 1828 564 BIOGRAPHICAL SKETCH OF JOHN Q. ADAMS. Both his father and mother were the most zealous promoters of the cause of their country in the struggle with Great Britain. When the father of Mr. Adams repaired to France as joint commissioner with Franklin and Lee, he was accompanied by his son John Quincy, then in his eleventh year. In that country he passed a year and a half with his father, and enjoyed the privilege of the daily intercourse and parental attentions of Doctor Franklin, whose kind notice of the young was a peculiar trait in his char- acter, and whose primitive simplicity of manners and methodical habits left a lasting impression on the mind of his youthful countryman. After a residence of about eighteen months in France, young Adams returned to America with his father, who assisted in forming a constitu- tion for Massachusetts, but was soon called upon again by Congress to repair to Europe, as a commissioner for negotiating treaties with Holland and other powers, but particularly with Great Britain, as soon as she was disposed to put an end to the war. He again took his son with him, and sailed in a French frigate, which in consequence of springing a dangerous leak, was compelled to put into Ferrol, in Spain. From that place Mr. Adams and his son travelled by land to Paris, where they arrived in January, 1780. For a few months Mr. Adams sent his son to school in Paris ; but in July, the same year, he took him with him to Holland, where he was called to negotiate a loan for the United States. He placed his son first in the public school of the city of Amsterdam, and afterward in the city university of Leyden. In July, 1761, Mr. Francis Dana (afterward chief-justice of the state of Mas- sachusetts), who had gone out with Mr. Adams as secretary of legation, received from the continental Congress the appointment of minister to the court of the empress of Russia, and John Quincy Adams was selected by Mr. Dana as a private secretary of this mission. After spending four- teen months with Mr. Dana, he left him to return through Sweden, Den- mark, Hamburg, and Bremen, to Holland, where his father had been pub- licly received as minister from the United States, and had concluded a commercial treaty with the republic of the Netherlands. He performed this journey during the winter of 1782-'3, being only sixteen years of age, without a companion. He reached the Hague in April, 1783, his father being at that time engaged at Paris in the negotiation of peace. From April to July his son remained at the Hague, under the care of Mr. Du- mas, a native of Switzerland, who then filled the office of an agent of the United States. The negotiations for peace being suspended in July, Mr. Adams's father repaired on business to Amsterdam ; and on his return to Paris he took his son with him. The definitive treaty of peace was signed in September, 1783, from which time till May, 1785, he was chiefly with his father in England, Holland, and France. It was at this period that he formed an acquaintance with Mr. Jefferson, then residing in France as American minister. The intercourse of Mr. BIOGRAPHICAL SKETCH OF JOHN Q. ADAMS. 565 Jefferson with his former colleague in Congress, -the father of Mr. Adams was of an intimate and confidential kind, and led to a friendship for his son which, formed in early life, scarcely suffered an interruption from sub- sequent political dissensions, and revived with original strength during the last years of the life of this venerable statesman. Mr. Adams was, at the period last mentioned, about eighteen years of age. Born in the crisis of his country's fortunes, he had led a life of wandering and vicissitude, unusual at any age. His education, in every- thing but the school of liberty, had been interrupted and irregular. He had seen much of the world much of men and had enjoyed but little leisure for books. Anxious to complete his education, and still more anx- ious to return to his native land, when his father was, in 1785, appointed minister to the court of St. James, his son, at that period of life when the pleasures and splendor of a city like London are most calculated to fasci- nate and mislead, asked permission of his father to go back to his native shores. This he accordingly did. On his return to America he became a member of the ancient college of Harvard, at Cambridge, Massachu- setts, where he graduated in July, 1787. On leaving college, Mr. Adams entered the office of Theophilus Par- sons, afterward chief justice of the state, as a student of law, at Newbu- ryport. On a visit of General Washington to that town, in 1789, Mr. Parsons, being chosen by his fellow-citizens to be the medium of expres- sing their sentiments to the general, called upon his pupils each to pre- pare an address. This call was obeyed by Mr. Adams, and his address was delivered by Mr. Parsons. After completing his law studies, at Newburyport, Mr. Adams removed to Boston, with view of -commencing the practice of his profession at the bar. His time not being fully occupied, Mr. Adams employed his leisure hours in speculations upon the great political questions of the day. In April, 1793, on the first intimation that war between Great Britain and France had been declared, Mr. Adams published a short series of papers, the object of which was, to prove that the duty and interest of the United States required them to remain neutral in the contest. These papers were published before General Washington's proclamation of neutrality, and without any knowledge that a proclamation would be issued. The opinions they expressed were in opposition to the views generally prevailing, that the treaty of alliance of 1778 obliged us to take part in the wars of France. But the proclamation of neutrality by Gen- eral Washington, sanctioned by all his cabinet, including Mr. Jefferson, was shortly made public, and confirmed the justice of the views which Mr. Adams had been (it is believed) the first to express before the public on this new and difficult topic of national law. In the winter of 1793 and 1794, the inflammatory appeals of the French minister to the United States, Mr. Genet, caused much excitement in the 566 BIOGRAPHICAL SKETCH OF JOHN Q. ADAMS. public mind. Among those who co-operated in support of the admin- istration of Washington in resisting Mr. Genet, none was more conspicu- ous than Mr. Adams, whose essays in favor of neutrality were read and admired throughout the country. His reputation was soon established, as an American statesman and political writer. Before his retirement from the department of state, Mr. Jeflerson recommended him to General Washington, as a proper person to be introduced into the public service of the country. The acquaintance between Mr. Jefferson and Mr. Adams which had been formed in France, had lately been renewed, on occasion of a visit to Philadelphia in 1792; and the promptitude and ability with which he had seconded the efforts of the secretary of state in enforcing neutrality, no doubt led Mr. Jeffer- son thus to recommend him to General Washington. The publications of Mr. Adams above alluded to, had attracted the at- tention of General Washington. He had in private expressed the high- est opinion of them, and had made particular inquiries with respect to their author. Thus honorably identified, at the early age of twenty-seven, with the first great and decisive step of the foreign policy of the United States, and thus early attracting the notice, and enjoying the confidence of Washington, Mr. Adams was, in May, 1794, appointed minister resi- dent to the Netherlands, an office corresponding in rank and salary with that of a charge d'affaires at the present day. The father of Mr. Adams was at this time vice-president of the United States ; but the appointment of his son was made by General Washington, unexpectedly to the vice- president, and without any previous intimation that it would take place. Mr. Adams remained at his post in Holland about two years. He was an attentive observer of the great events then occurring in Europe, and his official correspondence with the government was regarded by General Washington as of the highest importance. Toward the close of General Washington's administration, he appointed Mr. Adams minister plenipotentiary to Portugal. On his way from the Hague to Lisbon, he received a new commission, changing his destination to Berlin. This latter appointment was made by Mr. Adams's father, then president of the United States, and in a manner highly honorable to the restraint of his parental feelings, in the discharge of an act of public duty. Although Mr. Adams's appointment to Portugal was made by General Washington, and President Adams did no more than propose his transfer to Berlin, yet feelings of delicacy led him to hesitate, before he took even this step. He consulted his predecessor and friend, then retired from office, and placed in a situation beyond the reach of any of the mo- tives which can possibly prejudice the minds of men in power. The fol- lowing letter from General Washington, is the reply to President Adams's inquiry, and will ever remain an honorable testimony to the character of Mr. Adams : BIOGRAPHICAL SKETCH OF JOHN Q. ADAMS. 567 "MONDAY, February 20, 1797. " DEAR SIR : I thank you for giving me a perusal of the enclosed. The sentiments do honor to the head and heart of the writer ; and if my wishes would be of any avail, they should go to you ia a strong hope that you will not withhold merited promotion from John Q. Adams because he is your son. For, without intending to compliment the father or the mother, or to censure any others, I give it as my decided opinion, that Mr. Adams is the most valuable public character we have abroad ; and that there re- mains no doubt in my mind, that he will prove himself to be the ablest of all our diplomatic corps. If he was now to be brought into that line, or into any other public walk, I could not, upon the principle which has reg- ulated my own conduct, disapprove of the caution which is hinted at in the letter. But he* is already entered ; the public, more and more, as he is known, are appreciating his talents and worth ; and his country would sustain a loss, if these were to be checked by over-delicacy on your part. " With sincere esteem, and affectionate regard, " I am ever yours, ." GEORGE WASHINGTON." The principal object of Mr. Adams's mission to Berlin was effected by the conclusion of a treaty of commerce with Prussia. He remained at that court till the spring of 1801, when he was recalled by his father, anively accepted by Great Britain, Sweden, the Netherlands, the Hanseatic cities, Prussia, Sardinia, the duke of Oldenburg, and Russia. It was also adopted, under certain modifications, in our late commercial convention with France. And by the act of Congress of the 8th of January, 1 824, it has received a new confirmation with all the nations who had acceded to it, and has been offered again to all those who are or may hereafter be willing to abide in reciprocity by it. But all these regulations, whether established by treaty or by municipal enactments, are still subject to one important restriction. The removal of discriminating duties of tonnage and of impost is limit- ed to articles of the growth, produce, or manufacture of the country to which the vessel belongs, or to such articles as are most universally first shipped from her ports. It will deserve the serious consideration of Con- gress, whether even this remnant of restriction may not be safely abandoned, and whether the general tender of equal competition, made in the act of the 8th of January, 1824, may not be extended to include all articles of mer- chandise not prohibited, of what country soever they may be the product or manufacture. Propositions to this effect have already been made to us by more than one European government ; and it is probable that, if once established by legislation or compact with any distinguished maritime state, it would recommend itself, by the experience of its advantages, to the gen- eral accession of all. The convention of commerce and navigation between the United States and France, concluded on the 24th of June, 1822, was, in the understand- ing and intent of both parties, as appears upon its face, only a temporary arrangement of the points of difference between them of the most imme- diate and pressing urgency. It was limited, in the first instance, to two years from the first of October, 1822, but with a proviso, that it should further continue in force till the conclusion of a general and definitive treaty of commerce, unless terminated by a notice six months in advance, of either of the parties to the other. Its operation, so far as it extended, has been mutually advantageous ; and it still continues in force, by common consent. Hut it left unadjusted several objects of great interest to the citizens and subjects of both countries, and particularly a mass of claims, to considerable amount, of citizens of the United States upon the government of France, of indemnity for property taken or destroyed, under circumstances of the most aggravated and outrageous character. In the long period, during which continual and earnest appeals have been made to the equity and magnanimity of France, in behalf of these claims, their justice has not been, as it could not be, denied. It was hoped that the accession of a new sov- ereign to the throne would have afforded a favorable opportunity for pre- senting them to the consideration of his government. They have been presented and urged, hitherto, without effect. The repeated and earnest representations of our minister at the court of France remains as yet even without any answer. Were the demands of nations upon the justice of each other susceptible of adjudication by the sentence of an impartial tribu- nal, those to which I now refer would long since have been settled, and adequate indemnity would have been obtained. There are large amounts of similar claims upon the Netherlands, Naples, and Denmark. For those upon Spam, prior to 1819, indemnity was, after many years of patient for- ucorance obtained ; and those upon Sweden have been lately compromised by a private settlement, in which the claimants themselves have acquiesced. The governments of Denmark and of iNaples have been recently reminded 582 JOHN Q. ADAMS'S FIRST ANNUAL MESSAGE. of those yet existing against them ; nor will any of them be forgotten while a hope may be indulged of obtaining justice by the means within the constitutional power of the executive, and without resorting to those measures of self-redress which, as well as the time, circumstances, and occasion, which may require them, are within the exclusive competency of tin; legislature. It is with great satisfaction that I am enabled to bear witness to the liberal .spirit with which the republic of Colombia has made satisfaction for well- i-stablished claims of a similar character. And among the documents now communicated to Congress, will be distinguished a treaty of commerce and navigation with that republic, the ratifications of which have been ex- changed since the last recess of the legislature. The negotiation of similar treaties with all the independent South American states has been contem- plated, and may yet be accomplished. The basis of them all, as proposed by the United States, has been laid in two principles : the one, of entire and unqualified reciprocity ; the other, the mutual obligation of the parties to place each other permanently on the footing of the most favored nation. These principles are, indeed, indispensable to the effectual emancipation of the American hemisphere from the thraldom of colonizing monopolies and exclusions an event rapidly realizing in the progress of human affairs, and which the resistance still opposed in certain parts of Europe to the ac- knowledgment of the South American republics as independent states, will, it is believed, contribute more effectually to accomplish. The time has been, and that not remote, when some of those states might, in their anxious desire to obtain a nominal recognition, have accepted of a nominal independence, clogged with burdensome conditions, and exclusive commercial privileges granted to the nation from which they have separated, to the disadvantage of all others. They are now all aware that such concessions to any Euro- pean nation would be incompatible with that independence which they have declared and maintained. Among the measures which have been suggested to them by the new relations with one another, resulting from the recent changes of their condi- tion, is that of assembling at the isthmus of Panama, a congress, at which each of them should be represented, to deliberate upon objects important to the welfare of all. The republics of Colombia, of Mexico, and of Central America, have already deputed plenipotentiaries to such a meeting, and they have invited the United States to be also represented there by their ministers. The invitation has been accepted, and ministers on the part of the United States will be commissioned to attend at those deliberations, and to take part in them, so far as may be compatible with that neutrality, from which it is neither our intention, nor the desire of the other American states, that we should depart. The commissioners under the seventh article of the treaty of Ghent have so nearly completed their labors that, by the report recently received from the agent on the part of the United States, there is reason to expect that the commission will be closed at their next session, appointed for the 22d of May, of the ensuing year. The other commission appointed to ascertain the indemnities due for slaves carried away from the United States, after the close of the late war, have met with some difficulty, which has delayed their progress in the in- quiry. A reference has been made to the British government on the sub- ject, which, it may be hoped, will tend to hasten the decision of the com- missioners, or serve as a substitute for it. JOHN q. ADAMS'S FIRST ANNUAL MESSAGE. t>83 Among the powers specifically granted to Congress by the constitution, are those of establishing uniform laws on the subject of bankruptcies throughout the United States, and of providing for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States. The magnitude and com- plexity of the interests affected by legislation upon these subjects, may ac- count for the fact that, long and often as both of them have occupied the attention, and animated the debates of Congress, no systems have yet been devised for fulfilling, to the satisfaction of the community, the duties pre- scribed by these grants of power. To conciliate the claim of the individ- ual citizen to the enjoyment of personal liberty, with the effective obliga- tion of private contracts, is the difficult problem to be solved by a law of bankruptcy. These are objects of the deepest interest to society ; affect- ing all that is precious in the existence of multitudes of persons, many of them in the classes essentially dependent and helpless ; of the age requir- ing nurture, and of the sex entitled to protection from the free agency of the parent and the husband. T,he organization of the militia is yet more indispensable to the liberties of the country. It is only by an effective militia that we can at once enjoy the repose of peace, and bid defiance to foreign aggression ; it is by the militia that we are constituted an armed nation, standing in perpetual panoply of defence, in the presence of all the other nations of the earth. To this end it would be necessary so to shape its organization, as to give it a more united and active energy. There are laws for establishing a uniform militia throughout the United States, arid for arming and equipping its whole body. But it is a body of dislocated members, without the vigor of unity, and having little of uniformity but the name. To infuse into this most important institution the power of which it is susceptible, and to make it available for the defence of the Union, at the shortest notice, and at the smallest expense of time, of life, and of treasure, are among the benefits to be expected from the persevering de- liberations of Congress. Among the unequivocal indications of our national prosperity is the flourishing state of our finances. The revenues of the present year, from all their principal sources, will exceed the anticipations of the last. The balance in the treasury on the first of January last, was a little short of two millions of dollars, exclusive of two millions and a half, being a moiety of the loan of five millions, authorized by the act of the 26th of May, 1 824 . The receipts into the treasury, from the first of January to the 30th of Sep- tember, exclusive of the other moiety of the same loan, are estimated at sixteen millions five hundred thousand dollars ; and it is expected that those of the current quarter will exceed five millions of dollars ; forming an ag- gregate of xeceipts of nearly twenty-two millions, independent ol the loan. The expenditures of the year will not exceed that sum more than two millions. By those expenditures, nearly eight millions of the principal of the public debt have been discharged. More than a million and a half has been devoted to the debt of gratitude to the warriors of the revolution^ a nearly equal sum to the construction of fortifications and the acquisition of ordnance, and other permanent preparatives of national defence ; half a million to the gradual increase of the navy ; an equal sum for purchases of territory from the Indians, and payment of annuities to them ; and upward of a million for objects of internal improvement, authorized by special acts of the hist Congress, if we add to these four millions of dollars for pay- ment of interest upon the public debt, there remains a sum of about seven j84 JOHN Q. ADAMS'S FIRST ANNUAL MESSAGE. millions, which have defrayed the whole expense of the administration of government, in its legislative, executive, and judiciary departments, inclu- ding the support of the military and naval establishments, and all the occa- sional contingencies of a government co-extensive with the Union. The amount of duties secured on merchandise imported, from the com- mencement of the year, is about twenty-five millions and a half; and that which will accrue during the current quarter is estimated at five millions and a half; from these thirty -one millions, deducting the drawbacks, esti- mated at less than seven millions, a sum exceeding twenty-four millions will constitute the revenue of the year, and will exceed the whole expen- ditures of the year. The entire amount of the public debt remaining due on the first of January next, will be short of eighty-one millions of dollars. By an act of Congress of the 3d of March last, a loan of twelve millions of dollars was authorized at four and a half per cent., or an exchange of stock to that amount, of four and a half per cent., for a stock of six per cent., to create a fund for extinguishing an equal amount of the public debt, bearing an interest of six per cent., redeemable in 1826. An account of the measures taken to give effect to this act will be laid before you by the secretary of the treasury. As the object which it had in view has been but partially accomplished, it will be for the consideration of Con- gress, whether the power with which it clothed the executive should not be renewed at an early day of the present session, and under what modi- fications. The act of Congress of the 3d of March last, directing the secretary of the treasury to subscribe, in the name and for the use of the United States, for one thousand five hundred shares of the capital stock of the Chesapeake and Delaware canal company, has been executed by the actual subscrip- tion for the amount specified ; and such other measures have been adopted by that officer, under the act, as the fulfilment of its intentions requires. The latest accounts received of this important undertaking authorize the belief that it is in successful progress. The payments into the treasury from the proceeds of the sales of the public lands, during the present year, were estimated at one million of dollars. The actual receipts of the first two quarters have fallen very little short of that sum ; it is not expected that the second half of the year will be equally productive, but the income of the year, from that source, may now be safely estimated at a million and a half. The act of Congress of 18th May, 1824, to provide for the extinguishment of the debt due to the United States by the purchasers of public lands, was limited, in its opera- tion of relief to the purchaser, to the 10th of April last. Its effect at the end of the quarter during which it expired, was to reduce that debt from ten to seven millions. By the operation of similar prior laws of relief, from and since that of 2d March, 1821, the debt had been reduced from upward of twenty-two millions to ten. It is exceedingly desirable that it should be extinguished altogether ; and to facilitate that consummation, 1 recommend to Congress the revival, for one year more, of the act of 1 8th May, 1824, with such provisional modification as may be necessary to guard the public interests against fraudulent practices in the resale of the relinquished land. The purchasers of public lands are among the most useful of our fellow-citizens ; and, since the system of sales for cash alone has been introduced, great indulgence has been justly extended to those who had previously purchased upon credit. The debt which had been contracted under the credit sales had become unwieldy, and its extinction JOHN Q. ADAMS'S FIRST ANNUAL MESSAGE. 585 was alike advantageous to the purchaser and the public. Under the sys- tem of sales, matured as it has been by experience, and adapted to the exigencies of the times, the lands will continue as they have become, an abundant source of revenue ; and when the pledge of them to the public creditor shall be redeemed by the entire discharge of the national debt, the swelling tide of wealth with which they replenish the common treasury may be made to reflow, in unfailing streams of improvement, from the Atlantic to the Pacific ocean. The condition of the various branches of the public service resulting from the department of war, and their administration during the current year, will be exhibited in the report of the secretary of war, and the ac- companying documents herewith communicated. The organization and discipline of the army are effective and satisfactory. To counteract the prevalence of desertion among the troops, it has been suggested to withhold from the men a small portion of their monthly pay, until the period of their discharge ; and some expedient appears to be necessary, to preserve and maintain among the officers so much of the art of horsemanship as could scarcely fail to be found wanting on the possibly sudden eruption of a war, which should overtake us unprovided with a single corps of cavalry. The military academy at West Point, under the restrictions of a severe but pa- ternal superintendence, recommends itself more and more to the patronage of the nation ; and the number of meritorious officers which it forms and introduces to the public service, furnishes the means of multiplying the undertaking of public improvements, to which their acquirements at that institution are peculiarly adapted. The school of artillery practice, estab- lished at Fortress Monroe, is well suited to the same purpose, and may need the aid of further legislative provisions to the same end. The report from the various officers at the head of the administrative branches of the military service, connected with the quartering, clothing, subsistence, health, and pay of the army, exhibit the assiduous vigilance of those officers in the perform- ance of their respective duties, and the faithful accountability which has pervaded every part of the system. Our relations with the numerous tribes of aboriginal natives of this coun- try, scattered over its extensive surface, and so dependent, even for their existence, upon our power, have been during the present year highly inte- resting. An act of Congress of the 25th of May, 1824, made an appropria- tion to defray the expenses of making treaties of trade and friendship with the Indian tribes beyond the Mississippi. An act of the 3d of March, 1825, authorized treaties to be made with the Indians for their consent to the making of a road from the frontier of Missouri to that of New Mexico. And another act, of the same date, providing for defraying the expenses of holding treaties with the Sioux, Chippewus, Menomonees, Sacs, Foxes, t probably apply fora renewal of their privileges. In order to avoid the evils resulting from precipitancy in a measure involving such important principles, and such deep pecuniary interests, I feel that I can not, in justice to the parties interested, too soon present it to the delibe- rate consideration of the legislature and the people. Both the constitu- tionality and the expediency of the law creating this bank are well ques- tioned by a large portion of our fellow-citizens ; and it must be admitted by nil, that it has failed in the great end of establishing a uniform and sound currency. Under these circumstances, if such an institution is deemed essential to .he fiscal operations of the government, I submit to the wisdom of the legis- lature whether a national one, founded upon the credit of the government 714 JACKSON'S SPECIAL MESSAGE. and its revenues, might not be devised, which would avoid all constitu- tional difficulties, and at the same time secure all the advantages to the government and country that were expected to result from the present bank. I can not close this communication without bringing to your view the just claim of the representatives of Commodore Decatur, his officers and crew, arising from the recapture of the frigate Philadelphia, under the heavy batteries of Tripoli. Although sensible, as a general rule, of the impro- priety of executive interference under a government like ours, where every individual enjoys the right of directly petitioning Congress, yet, viewing this case as one of a very peculiar character, I deem it my duty to recom- mend it to your favorable consideration. Besides the justice of this claim, as corresponding to those which have been since recognised and satis- fied, it is the fruit of a deed of patriotic and chivalrous daring, which infused life and confidence into our infant navy, and contributed, as much as any exploit in its history, to elevate our national character. Public gratitude, therefore, stamps her seal upon it, and the meed should not be withheld which may hereafter operate as a stimulus to our gal- lant tars. 'I now commend you, fellow-citizens, to the guidance of Almighty God, with a full reliance on his merciful providence for the maintenance of our free institutions ; and with an earnest supplication that whatever errors it may be my lot to commit, in discharging the arduous duties which have devolved on me, will find a remedy in the harmony and wisdom of your counsels. SPECIAL MESSAGE. JANUARY 5, 1830. To the Senate of the United 'States : I HAVE been requested by the legislature of South Carolina, as will ap- pear from the documents accompanying this communication, to submit to th(f consideration of Congress certain claims against the United States for advances made by that state during the last war. It is conceded that the redress sought for can only be obtained through the interposition of Con- gress. The only agency allowed to me is, to present such facts in rela- tion to the subject as are in the possession of the executive, in order that the whole may be fairly considered. This duty I perform with great pleasure, being well satisfied that no inducement will be wanting to secure to the claims of a member of the confederacy that has, under all circumstances, shown an ardent devotion to the cause of the country, the most ample justice. By a reference to the department of war, for information as to the na- ture and extent of these claims, it appears that they consist of : 1st. Interest upon moneys advanced for the United States which have been heretofore reimbursed ; 2d. Certain advances which, on a settlement between South Carolina and the United States, were disallowed, or suspended, by the accounting officers of the treasury. JACKSON'S SPECIAL MESSAGE. 715 In regard to the former, the rule hitherto adopted by Congress has been to allow to the states interest only where they had paid it on money borrowed, and had applied it to the use of the United States. The case of South Caro- lina does not come strictly within this rule, because, instead of borrowing, as she alleges, for the use of the United States, upon interest, she applied to the use of the United States funds for which she was actually receiv- ing an interest ; and as she is understood to insist that the loss of interest in both cases being equal, and the relief afforded equally meritorious, the same principle of remuneration should be applied. Acting upon an enlightened sense of national justice and gratitude, it is confidently believed that Congress will be as mindful of this claim as it has been of others put forward by the states that, in periods of extreme peril, generously contributed to the service of the Union, and enabled the general government to discharge its obligations. The grounds upon which certain portions of it have been suspended or rejected, will appear from the communications of the secretary of war, and third auditor, herewith submitted. SPECIAL MESSAGE. JANUARY 26, 1830. To the Senate and House of Representatives : I FIND it necessary to recommend to Congress a revision of the laws lelating to the direct and contingent expenses of our intercourse with for- eign nations, and particulaily of the act of May 1, 1810, entitled, " An act fixing the compensation of public ministers, and of consuls residing on the coast of Barbary, and ior other purposes." A letter from tne fiftn auditor of the* treasury-, to the secretary of state, herewith transmitted, which notices the difficulties incident to the settle- ment of the accounts of certain diplomatic agents of the United States, serves to show the necessity ot this revision. This branch of the govern- ment is incessantly called upon to sanction allowances which not unfre- quently appear to have just ana equitable ioundations in usage, but which are believed to be incompatible wiih ihe piovisions of the act of 1810. The letter from the fifth auditor contains a. description of several claims of this character, which are submitted 10 Congress as the only tribunal competent to aflbrd the relief to which the parties consider themselves entitled. Among the most prominent questions of this aescri|>tiin are the follow- ing: i. Claims for outfits by ministers and charges des ajfairr.s duly appointed by the president and senate. The act of 1790, regulating the expenditures for foreign intercourse, provided, " that, exclusive of an outfit, which shall in no case exceed one year's full salary to the minister plenipotentiary or charge d'affaires to whom the same may be allowed, the president shall not allow to any min- ister plenipotentiary u greater sum than at the rate of nine thousand dol- lars pur annum, as a compensation for all his personal services and other expenses ; nor a greater sum for the same than four thousand five hundred 716 JACKSON'S SPECIAL MESSAGE. dollars per annum to a charge d'affaires." By this provision, the maxi- mum of allowance only was fixed, leaving the question as to any outfit, either in whole or in part, to the direction of the president, to be decided according to circumstances. Under it, a variety of cases occurred, in which outfits, having been given to diplomatic agents on their first ap- pointment, afterward, upon their being transferred to other courts, or sent upon special and distinct missions, full or half outfits were again allowed. This act, it will be perceived, although it fixes the maximum of outfit, is altogether silent as to the circumstances under which outfits might be allowed : indeed, the authority to allow them at all is not expressly con- veyed, but only incidentally adverted to in limiting the amount. This limitation continued to be the only restriction upon the executive until 1810; the act of 1790 having been kept in force till that period, by five successive re-enactments, in which it is referred to by means of its title, or its terms are repeated verbatim. In 1810, an act passed, wherein the phraseology which had been in use for twenty years is departed from. Fixing the same limits precisely to the amount of salaries and outfits to ministers and charges as had been six times fixed since 1790, it differs from preceding acts by formally conveying an authority to allow an outfit to " a minister plenipotentiary or charge d'affaires, on going from the Uni- ted States to any foreign country ;" and, in addition to this specification of the circumstances under which the outfits may be allowed, it contains one of the condifions which shall be requisite to entitle a charge or secre- tary to the compensation therein provided. Upon a view of all the circumstances connected with the subject, I can not permit myself to doubt, that it was with reference of multiplying outfits to the same person, and in the intention of prohibiting it in future, that this act was passed. It being, however, frequently deemed advantageous to transfer ministers already abroad, from one court to another, or to employ those who were resident at a particular court, upon special occasions, elsewhere, it seems to have been considered, that it was not the intention of Congress to re- strain the executive from so doing. It was further contended, that the president being left free to select for ministers citizens, whether at home or abroad, a right on the part of such ministers to the usual emoluments, followed as a matter of course. This view was sustained by the opinion of the law officer of the government; and the act of 1810 was construed to leave the whole subject of salary and outfit where it found it under the law of 1790 ; that is to say, completely at the discretion of the president, without any other restriction than the maximum already fixed by that law. This discretion has, from time to time, been exercised' by successive presidents ; but, while I can not but consider the restriction in this re- spect, imposed by the act of 1810, as inexpedient, I can not feel myself justified in adopting a construction which defeats the only operation of which this part of it seems susceptible; at least, not unless Congress, after having the subject distinctly brought to their consideration, should virtually give their consent to that construction. Whatever may be thought of the propriety of giving an outfit to secretaries of legation or others, who may be considered as only temporarily charged with the affairs intrusted to them, I am impressed with the justice of such an allowance in the case of a citizen who happens to be abroad when first appointed, and that of a minister already in place, when the public interest requires his transfer, and, from the breaking up of his establishment, and other circumstances JACKSON'S SPECIAL MESSAGE. 717 connected with the change, he incurs expenses to which he would not otherwise have been subjected. II. Claims for outfits and salaries by charges des affaires and secreta- ries of legation, who have not been appointed by the president by and with the advice and consent of the senate. By the second section of the act of 1810, it is provided, " That, to en- title any charge d'affaires, or secretary of any legation, or embassy to any foreign country, or secretary of any minister plenipotentiary, to the com- pensation herein before provided, they shall respectively be appointed by the president of the United States, by and with the advice and consent of the senate ; but in the recess of the senate, the president is hereby au- thorized to make such appointments, which shall be submitted to the sen- ate at the next session thereafter, for their advice and consent ; and no compensation shall be allowed to any charge d'affaires, or any of the sec- retaries herein before described, who shall not be appointed as aforesaid." Notwithstanding the explicit language of this act, claims for outfits and salaries have been made, and allowed at the treasury, by charges des affaires and secretaries of legation who had not been appointed in the manner specified. Among the accompanying documents will be found several claims of this description, of which a detailed statement is given in the letter of the fifth auditor. The case of Mr. William B. Lawrence, late charge d'affaires at London, is of a still more peculiar character, in consequence of his having actually drawn his outfit and salary from the bankers employed by the government, and from the length of time he offi- ciated in that capacity. Mr. Lawrence's accounts were rendered to the late administration, but not settled. I have refused to sanction the allow- ance claimed, because the law does not authorize it ; but have refrained from directing any proceedings to compel a reimbursement of the money thus, in my judgment, illegally received, until an opportunity should be afforded to Congress to pass upon the equity of the claim. Appropriations are annually and necessarily made " for the contingent expenses of all the missions abroad," and " for the contingent expenses of foreign intercourse," and the expenditure of these funds intrusted to the discretion of the president. It is out of those appropriations that allowan- ces of this character have been claimed, and, it is presumed, made. Deeming, however, that the discretion thus committed to the executive, does not extend to the allowances of charges prohibited by express law, 1 have felt it my duty to refer all existing claims to the action of Congress, and to submit to their consideration, whether any alteration of the law in this respect is necessary. III. The allowance oj a quarter's salary to ministers and charges des affaires, to defray (heir expenses home. This allowance has been uniformly made, but is without authority by law. Resting in executive discretion, it has, according to circumstances, been extended to cases where the ministers died abroad, to defray the re- turn of his family, and was recently claimed in a case where the minister had no family, on grounds of general equity. A charge of this description can hardly be regarded as a contingent one, and if allowed at all, must be in lieu of salary. As such, it is altogether arbitrary, although it is not be- lieved that the interests of the treasury are, upon the whole, much affected by the substitution. In some cases, the allowance is for a longer period than is occupied in the return of the minister ; in others, for one somewhat less ; and il seems to do away all inducement to unnecessary delay. The 718 JACKSON'S SPECIAL MESSAGE. subject is, however, susceptible of positive regulation by law ; and it is, on many accounts, highly expedient that it should be placed on that footing. I have, therefore, without directing any alteration in the existing practice, lelt it my duty to bring it to your notice. IV. Travelling and other expenses in following the court, in cases where its residence is not stationary. The only legations by which expenses of this description are incurred and charged are those to Spain and the Netherlands, and to them they have, on several occasions, been allowed. Among the documents here- with communicated, will be found, with other charges requiring legislative interference, an amount for travelling expenses, with a statement of the grounds upon which their reimbursement is claimed. This account has been suspended by the officer of the treasury to whom its settlement be- longs ; and as the question will be one of frequent recurrence, 1 have deemed the occasion a fit one to submit the whole subject to the revision of Congress. The justice of these charges, for extraordinary expenses unavoidably incurred, has been admitted by former administrations, and the claims allowed. My difficulty grows out of the language of the act of 1310, which expressly declares, that the salary and outfit it authorizes to the minister and charge d'affaires shall be " a compensation for all his personal services and expenses." The items which ordinarily form the contingent expenses of a foreign mission are of a character distinct from the personal expenses of the minister. The difficulty of regarding those now referred to in that light is obvious. There are certainly strong con- siderations of equity in favor of a remuneration for them at the two courts where they are alone incurred ; and if such should be the opinion of Con- gress, it is desirable that authority to make it be expressly conferred by law, rather than continue to rest upon doubtful construction. V. Charges of consuls for discharging diplomatic functions, without ap- pointment, daring a temporary vacancy in the office of charge d'affaires. It has sometimes happened, that consuls of the United States, upon the occurrence of vacancies, at their places of residence, in the diplomatic offices of the United States, by the death or retirement of our minister or charge d'affaires, hare taken under their care the papers of such mission, and usefully discharged diplomatic functions, in behalf of their government and fellow-citizens, till the vacancies were regularly filled. In some in- stances, this is stated to have been done to the abandonment of other pur- suits, and at a considerably increased expense of living. There are exist- ing claims of this description, which can not be finally adjusted or allowed without the sanction of Congress. A particular statement of them accom- panies this communication. The nature of this branch of the public service makes it necessary to commit portions of the expenses incurred in it to executive discretion ; but it is desirable that such portions should be as small as possible. The purity and permanent success of our political institutions depend, in a great measure, upon definite appropriations, and a rigid adherence to the enact- ments of the legislature disposing of public money. My desire is, to have the subject placed upon a more simple and precise, but not less liberal footing, than it stands on at present, so far as that may be found practica- ble. An opinion, that the salaries allowed by law to our agents abroad are, in many cases, inadequate, is very general ; and it is reasonable to suppose, that this impression has not been without its influence in the construction of the laws by which those salaries are fixed. These are JACKSON'S MAYSVILLE ROAD VETO. 719 certainly motives, which it is difficult to resist, to an increased expense, on the part of some of our functionaries abroad, greatly beyond that which would be required at home. Should Congress be of opinion that any alteration for the better can be made, either in the rate of salaries now allowed, or in the rank and grada- tion of our diplomatic agents, or both, the present would be a fit occasion for a revision of the whole subject. SPECIAL MESSAGE. MAY 30, 1830. To the Senate of the United States : GENTLEMEN : I have approved and signed the bill entitled, " An act making appropriations for examinations and surveys, and also for certain works of internal improvement ;" but as the phraseology of the section, which appropriates the sum of eight thousand dollars for the road from Detroit to Chicago, may be construed to authorize the application of the appropriation for the continuance of the road beyond the limits of the terri- tory of. Michigan, I desire to be understood, as having approved this bill with the understanding, that the road, authorized by this section, is not to be extended beyond the limits of the said territory. MAYSVILLE ROAD VETO. MAY 27, 1830. To the House of Representatives : GENTLEMEN : I have maturely considered the bill proposing to autho- rize " a subscription of stock in the Maysville, Washington, Paris, and Lexington Turnpike-road Company," and now return the same to the house of representatives, in which it originated, with my objections to its passage. Sincerely friendly to the improvement of our country by means of roads and canals, I regret that any difference of opinion in the mode of contributing to it should exist between us ; and if, in stating this difference, 1 go beyond what the occasion may be deemed to call for, I hope to find an apology in the great importance of the subject, an unfeigned respect for the high source from which this branch of it has emanated, and an anxious wish to be cor- rectly understood by my constituents in the discharge of all my duties. Diversity of sentiment among public functionaries, actuated by the same general motives, on the character and tendency of particular measures, is an incident common to all governments, and the more to be expected in one which like ours owes its existence to the freedom of opinion, and must be upheld by the same influence. Controlled as we thus are by a higher tri- bunal, before which our respective acts will be canvassed with the indul- gence due to the imperfections of our nature, and with that intelligence 720 JACKSON'S MAYSVILLE ROAD VETO. and unbiased judgment which are the true correctives of error, all that our responsibility demands is that the public good should be the measure of our views, dictating alike their frank expression and honest maintenance. In the message which was presented to Congress at the opening of its present session, I endeavored to exhibit briefly my views upon the impor- tant and highly interesting subject to which our attention is now to be directed. I was desirous of presenting to the representatives of the several states in Congress assembled, the inquiry whether some mode could not be devised which would reconcile the diversity of opinion concerning the powers of this government over the subject of internal improvements, and the manner in which these powers, if conferred by the constitution, ought to be exercised. The act which I am called upon to consider has therefore been passed with a knowledge of my views on this question, as these are expressed in the message referred to. In that document the following suggestion will be found : " After the extinction of the public debt it is not probable that any ad- justment of the tariff upon principles satisfactory to the people of the Union will, until a remote period, if ever, leave the government without a consid- erable surplus in the treasury beyond what may be required for its current service. As, then, the period approaches when the application of the reve- nue to the payment of debts will cease, the disposition of the surplus will present a subject for the serious deliberation of Congress ; and it may be fortunate for the country that it is yet to be decided. Considered in con- nexion with the difficulties which have heretofore attended appropriations for purposes of internal improvement, and with those which this experience tells us will certainly arise, whenever power over such subjects may be exercised by the general government, it is hoped that it may lead to the adoption of some plan which will reconcile the diversified interests of the states, and strengthen the bonds which unite them. Every member of the Union, in peace and in war, will be- benefited by the improvement of inland navigation, and the construction of highways in the several states. Let us then endeavor to obtain this benefit in a mode which will be satisfactory to all. That hitherto adopted has been deprecated as an infraction of the constitution by many of our fellow-citizens, while by others it has been viewed as inexpedient. All feel that it has been employed at the expense of harmony in the legislative councils." And adverting to the constitu- tional power of Congress to make what I consider a proper disposition of the surplus revenue, I subjoin the following remarks : " To avoid these evils it appears to me that the most safe, just, and federal disposition which could be made of the surplus revenue would be its apportionment among the several states according to their ratio of representation ; and should this measure not be found warranted by the constitution, that it would be expedient to propose to the states an amendment authorizing it." The constitutional power of the federal government to construct or pro- mote works of internal improvement presents itself in two points of view : the first, as bearing upon the sovereignty of the states within whose limits their execution is contemplated, if jurisdiction of the territory which they may occupy be claimed as necessary to their preservation and use ; the second, as asserting the simple right to appropriate money from the national treasury in aid of such works when undertaken by state authority sur- rendering the claim of jurisdiction. In the first view, the question of power is an open one, and can be decided without the embarrassment attendi >g JACKSON'S MAYSVILLE ROAD VETO. 721 the other, arising from the practice of the government. Although frequently and strenuously attempted, the power to this extent has never been exer- cised by the government in a single instance. It does not, in my opinion, possess it ; and no bill, therefore, which admits it can receive my official sanction. But in the other view of the power the question is differently situated. The ground taken at an early period of the government was, " that when- ever money has been raised by the general authority, and is to be applied to a particular measure, a question arises whether the particular measure be within the enumerated authorities vested in Congress. If it be, the money requisite for it may be applied to it ; if not, no such application can be made." The document in which this principle was first advanced is of deservedly high authority, and should be held in grateful remembrance for its immediate agency in rescuing the country from much existing abuse, and for its conservative effect upon some of the most valuable principles of the constitution. The symmetry and purity of the government would doubt- less have been better preserved if this restriction of the power of appropri- ation could have been maintained without weakening its ability to fulfil the general objects of its institution an effect so likely to attend its admission, notwithstanding its apparent fitness, that every subsequent administration of the government, embracing a period of thirty out of the forty-two years of its existence, has adopted a more enlarged construction of the power. It is not my purpose to detain you by a minute recital of the acts which sus- tain this assertion, but it is proper that I should notice some of the most prominent, in order that the reflections which they suggest to my mind may be better understood. In the administration of Mr. Jefferson we have two examples of the ex- ercise of the right of appropriation, which, in the considerations that led to their adoption, and in their effects upon the public mind, have had a greater agency in marking the character of the power than any subsequent events. I allude to the payment of fifteen millions of dollars for the pur- chase of Louisiana, and to the original appropriation for the construction of the Cumberland road ; the latter act deriving much weight from the acqui- escence and approbation of three of the most powerful of the original mem- bers of the confederacy, expressed through their respective legislatures. Although the circumstances of the latter case may be such as to deprive so much of it as relates to the actual construction of the road of the force of an obligatory exposition of the constitution, it must nevertheless be admitted that so far as the mere appropriation of money is concerned, they present the principle in its most imposing aspect. No less than twenty-three different laws have been passed through all the forms of the constitu- tion, appropriating upward of two millions and a half of dollars out of the national treasury in support of that improvement, with the approbation of every president of the United States, including my predecessor, since its commencement. Independently of the sanction given to appropriations for the Cumber- land and other roads arid objects, under this power, the administration of Mr. Madison was characterized by an act which furnishes the strongest evidence of his opinion of its extent. A bill was passed through both houses of Con- gress and presented for his approval, " setting apart and pledging certain funds for constructing roads and canals, and improving the navigation of water-courses, in order to facilitate, promote, and give security to internal commerce among the several states, and to render more easy and less ex VOL. I. 46 722 JACKSON'S MAYSVILLE ROAD VETO. pensive the means and provisions for the common defence." Regarding the bill as asserting a power in the federal goyernment to construct roads and canals within the limits of the states in which they were made, he ob- jected to its passage on the ground of its unconstitutionality, declaring that the assent of the respective states in the mode provided by the bill could not confer the power in question ; that the only cases in which the consent and cession of particular states can extend the power of Congress are those specified and provided for in the constitution ; and superadding to these avowals his opinion that a restriction of the power " to provide for the common defence and general walfare" to cases which are to be provi- ded for by the expenditure of money, would still leave within the legisla- tive power of Congress all the great and most important measures of govem- i ment, money being the ordinary and necessary means of carrying them into execution. 1 have not been able to consider these declarations in any other point of view than as a concession that the right, of appropriation is not limited by the power to carry into effect the measure for which the money is asked, as was formerly contended. The views of Mr. Monroe upon this subject were not left to inference. During his administration, a bill was passed through both houses of Con- gress conferring the jurisdiction and prescribing the mode by which the federal government should exercise it in the case of the Cumberland road. He returned it with objections to its passage, and in assigning them took occasion to say that in the early stages of the government he had inclined to the construction that it had no right to expend money except in the per- formance of acts authorized by the other specific grants of power, according to a strict construction of them ; but that on further reflection and observa- tion his mind had undergone a change ; that his opinion then was : " that Congress have an unlimited power to raise money, and that in its appropri- ation they have a discretionary power, restricted only by the duty to appro- priate it to purposes of common defence and of general, not local, national, not state, benefit ;" and this was avowed to be the governing principle through the residue of his administration. The views of the last adminis- tration are of such recent date as to render a particular reference to them unnecessary. It is well known that the appropriating power, to the utmost extent which had been claimed for it in relation to internal improvements, was fully recognised and exercised by it. This brief reference to known facts will be sufficient to show the diffi- culty if not impracticability of bringing back the operations of the govern- ment to the construction of the constitution set up in 1793, assuming that to be its true reading in relation to the power under consideration ; thus giving an admonitory proof of the force of implication, and the necessity of guarding the constitution with sleepless vigilance against the authority of precedents which have not the sanction of its most plainly defined powers. For although it is the duty of all to look to that sacred instru- ment instead of the statute book ; to repudiate at all times encroachments upon its spirit, which are too apt to be effected by the conjuncture of pe- culiar and facilitating circumstances ; it is not less true that the public good and the nature of our political institutions require that individual differences should yield to a well-settled acquiescence of the people and confederated authorities in particular constructions of the constitution on doubtful points. Not to concede this much to the spirit of our institu- tions would impair their stability and defeat the objects of the constitution itself. JACKSOX'S MAYSVILLE ROAD VETO. 723 The bill before me does not call for a more definite opinion upon the par- ticular circumstances which will warrant appropriations of money by Con- gress to aid works of internal improvement ; for although the extension of the power to apply money beyond that of carrying into effect the object for which it is appropriated has, as we have seen, been long claimed and ex- ercised by the federal government, yet such grants have always been pro- fessedly under the control of the general principle that the works which might be thus aided should be " of a general, not local, national, not state, character." A disregard of this distinction would of necessity lead to the subversion of the federal system. That even this is an unsafe one, arbitra- ry in its nature, and liable consequently to great abuses, is too obvious to require the confirmation of experience. It is, however, sufficiently defi- nite and imperative to my mind to forbid my approbation of any bill having the character of the one under consideration. I have given to its pro- visions all the reflection demanded by a just regard for the interests of those of our fellow-citizens who have desired its passage, and by the respect which is due to a co-ordinate branch of the government ; but I am not able to view it in any other light than as a measure of purely local character ; or, if it can be considered national, that no further distinction between the appropriate duties of the general and state governments need be attempted, for there can be no local interest that may not with equal propriety be denominated national. It has no connexion with any established system of improvements ; is exclusively within the limits of a state, starting at a point on the Ohio river, and running out sixty miles to an interior town ; and even as far as the state is interested conferring partial instead of general advantages. Considering the magnitude and importance of the power, and the embar- rassments to which, from the very nature of the thing, its exercise must necessarily be subjected, the real friends of internal improvement ought not to be willing to confide it to accident and chance. What is properly na- tional in its character or otherwise, is an inquiry which is often extremely difficult of solution. The appropriations of one year, for an object which is considered national, may be rendered nugatory by the refusal of a succeeding Congress to continue the work, on the ground that it is local. No aid can be derived from the intervention of corporations. The question regards the character of the work, not that of those by whom it is to be accomplished. Notwithstanding the union of the government with the corporation, by whose immediate agency any work of internal improvement is carried on, the inquiry will still remain, is it national, and conducive to the benefit of the whole, or local, and operating only to the advantage of a portion of the Union ? But, although I might not feel it to be my official duty to interpose the executive veto to the passage of a bill appropriating money for the construc- tion of such works as are authorized by the states, and are national in their character, I do not wish to be understood as expressing an opinion that it is expedient at this time for the general government to embark in a system of this kind ; and, anxious that my constituents should be possessed of my views on this as well as on all other subjects which they have committed to my discretion, 1 shall state them frankly and briefly. Besides many minor considerations, there are two prominent views on the subject which have made a deep impression upon my mind, which 1 think are well entitled to your serious attention, and will, I hope, be maturely weighed by the people. 724 JACKSON'S MAYSVILLE ROAD VETO. From the official communications submitted to you, it appears that if no adverse or unforeseen contingency happens in our foreign relations, and no unusual diversion be made of the funds set apart for the payment of the na- tional debt, we may look with confidence to its entire extinguishment in the short period of four years. The extent to which this pleasing anticipation is dependent upon the policy which may be pursued in relation to measures of the character of the one now under consideration, must be obvious to all, and equally so that the events of the present session are well calculated to awaken public solicitude upon the subject. By the statement from the treasury department, and those from the clerks of the senate and house of representatives, herewith submitted, it appears that the bills which have passed into laws, and those which, in all probability, will pass before the adjournment of Congress, anticipate appropriations which, with the ordi- nary expenditures for the support of government, will exceed considera- bly the amount in the treasury for the year 1830. Thus, while we are diminishing the revenue by a reduction of the duties on tea, coffee, and cocoa, the appropriations for internal improvement are increasing beyond the available means of the treasury ; and if to this calculation be added the amount contained in bills which are pending before the two houses, it may be safely affirmed that ten millions of dollars would not make up the excess over the treasury receipts, unless the payment of the national debt be post- poned, and the means now pledged to that object applied to those enume- rated in these bills. Without a well-regulated system of internal improve- ment, this exhausting mode of appropriation is not likely to be avoided, and the plain consequence must be, either a continuance of the national debtor a resort to additional taxes. Although many of the states, with a laudable zeal, and under the influence of an enlightened policy, are successfully applying their separate efforts to works of this character, the desire to enlist the aid of the general govern- ment in the construction of such as, from their nature, ought to devolve upon it, and to which the means of the individual states are inadequate, is both rational and patriotic ; and if that desire is not gratified now, it does not follow that it never will be. The general intelligence and public spirit of the American people furnish a sure guarantee that, at the proper time, this policy will be made to prevail under circumstances more auspicious to its successful prosecution than those which now exist. But, great as this ob- ject undoubtedly is, it is not the only one which demands the fostering care of the government. The preservation and success of the republican prin- ciple rest with us. To elevate its character and extend its influence rank among our most important duties, and the best means to accomplish this desirable end are those which will rivet the attachment of our citizens to the government of their choice, by the comparative lightness of their public burdens, and by the attraction which the superior success of its operations will present to the admiration and respect of the world. Through the favor of an overruling and indulgent Providence, our country is blessed with general prosperity, and our citizens exempted from the pressure of taxation which other less-favored portions of the human family are obliged to bear ; yet it is true that many of the taxes collected from our citizens, through the medium of imposts, have. for a considerable period been onerous. In many particulars^ these taxes have borne severely upon the laboring and less prosperous classes of the community, being imposed on the necessaries of life, and this, too, in cases where the burden was not relieved by the consciousness that it would ultimately contribute to make us independent JACKSON'S MAYSVILLE ROAD VETO. 725 of foreign nations for articles of prime necessity, by the encouragement of their growth and manufacture at home. They have been cheerfully borne, because they were thought to be necessary to the support of government, and the payment of the debts unavoidably incurred in the acquisition and maintenance of our national rights and liberties. But have we a right to calculate oathe same cheerful acquiescence, when it is known that the ne- cessity for their continuance would cease, were it not for the irregular, im- provident, and unequal appropriations of the public funds ? Will not the people demand, as they have a right to do, such a prudent system of expen- diture as will pay the debts of the Union, and authorize the reduction of every tax to as low a point as the wise observance of 'the necessity to protect that portion of our manufactures and labor, whose prosperity is essential to our national safety and independence, will allow ? When the national debt is paid, the duties upon those articles which we do not raise may be repealed with safety, and still leave, I trust, without oppression to any section of the country, an accumulating surplus fund, which may be beneficially applied to some well-digested system of improvement. Under this view, the question, as to the manner in which the federal government can, or ought to embark in the construction of roads and canals, and the extent to which it may impose burdens on the people for these purposes, may be presented on its own merits, free of all disguise, and of every embarrassment except such as may arise from the constitution itself. Assuming these suggestions to be correct, will not our constituents require the observance of a course by which they can be effected ? Ought they not to require it ? With the best disposition to aid, as far as I can consci- entiously, in the furtherance of works of internal improvement, my opinion is, that the soundest views of national policy, at this time, point to such a course. Besides the avoidance of an evil influence upon the local concerns of the country, how solid is the advantage which the government will reap from it in the elevation of its character ! How gratifying the effect of presenting to the world the sublime spectacle of a republic, of more than twelve millions of happy people, in the forty-fourth year of her existence after having passed through two protracted wars, the one for the acquisi- tion, and the other for the maintenance of liberty free from debt, and with all her immense resources unfettered ! What a salutary influence would not such an exhibition exercise upon the cause of liberal principles and free government throughout the world. Would we not ourselves find, in its effect, an additional guarantee that our political institutions will he trans- mitted to the most remote posterity without decay ? A course of policy destined to witness events like these, can not be benefited by a legislation which tolerates a scramble for appropriations that have no relation to any general system of improvement, and whose good effects must of necessity be very limited. In the best view of these appropriations, the abuses to which they lead far exceed the good which they are capable of promoting. They may be resorted to as artful expedients to shift upon the government the losses of unsuccessful private speculation, and thus, by ministering to personal ambition and self-aggrandizement, tend to sap the foundations of public virtue, and taint the administration of the government with a demor- alizing influence. In the other view of the subject, and the only remaining one which it is my intention to present at this time, is involved the expediency of embark- ing in a system of internal improvement without a previous amendment of ^he constitution, explaining and defining the precise powers of the federaJ 726 JACKSON'S MAYSVILLE ROAD VETO. government over it. Assuming the right to appropriate money to aid in the construction of national works, to be warranted by the contemporaneous and continued exposition of the constitution, its insufficiency for the success- ful prosecution of them must be admitted by all candid minds. If we look to usage to define the extent of the right, that will be found so variant, and embracing so much that has been overruled, as to involve the whole subject in great uncertainty, and to render the execution of our respective duties in relation to it replete with difficulty and embarrassment. It is in regard to such works and the acquisition of additional territory, that the practice ob- tained its first footing. In most if not all other disputed questions of appro- priation, the construction of the constitution may be regarded as unsettled, if the right to apply money, in the enumerated cases, is placed on the ground of usage. This subject has been one of much, and, I may add; painful reflection to me. It has bearings that are well calculated to exert a powerful influence upon our hitherto prosperous system of government, and which, on some accounts, may even excite despondency in the breast of an American citizen. I will not detain you with professions of zeal in the cause of internal im- provements. If to be their friend is a virtue which deserves commenda- tion, our country is blest with an abundance of it ; for I do not suppose there is an intelligent citizen who does not wish to see them flourish. But though all are their friends, but few, I trust, are unmindful of the means by which they should be promoted ; none certainly are so degenerate as to desire their success at the cost of that sacred instrument, with the pres- ervation of which is indissolubly bound our country's hopes. If different impressions are entertained in any quarter ; if it is expected that the people of this country, reckless of their constitutional obligations, will prefer their local interest to the principles of the Union, such expectations will in the end be disappointed ; or, if it be not so, then indeed has the world but little to hope from the example of free government. When an honest observance of constitutional compacts can not be obtained from communities like ours, it need not be anticipated elsewhere ; and the cause in which there has been so much martyrdom, and from which so much was expected by the friends of liberty, may be abandoned, and the degrading truth, that man is unfit for self-government, admitted. And this will be the case, if expedi- ency be made a rule of construction in interpreting the constitution. Power, in no government could desire a better shield for the insidious ad- vances which it is ever ready to make upon the checks that are designed to restrain its action. But I do not entertain such gloomy apprehensions. If it be the wish of the people that the construction of roads and canals should be conducted by the federal government, it is not only highly expedient, but indispensably necessary, that aprevious amendment of the constitution, delegating the ne- cessary power, and defining and restricting its exercise with reference to the sovereignty of the states, should be made. Without it, nothing exten- sively useful can be effected. The right to exercise as much jurisdiction as is necessary to preserve the works, and to raise funds by the collection of tolls to keep them in repair, can not be dispensed with. The Cumber- land road should be an instructive admonition of the consequences of acting without this right. Year after year, contests are witnessed, growing out of efforts to obtain the necessary appropriations for completing and repairing this useful work. While one Congress may claim and exercise the power, a succeeding one may deny it ; and this fluctuation of opinion must be un- JACKSON'S MATSVILLE ROAD VETO. 727 avoidably fatal to any scheme which, from its extent, would promote the interests and elevate the character of the country. The experience of the past has shown that the opinion of Congress is subject to such fluctuations If it be the desire of the people that the agency of the federal government should be confined to the appropriation of money in aid of such under- takings, in virtue of state authorities, then the occasion, the manner, and the extent of the appropriations, should be made the subject of constitu- tional regulation. This is the more necessary, in order that they may be equitable among the several states ; promote harmony between different sections of the Union and their representatives ; preserve other parts of the constitution from being undermined by the exercise of doubtful power?, or the too great extension of those which are not so ; and protect the whoje subject against the deleterious influence of combinations to carry, by con- cert, measures which, considered by themselves, might meet but little countenance. That a constitutional adjustment of this power upon equitable principles is in the highest degree desirable, can scarcely be doubted ; nor can it fail to be promoted by every sincere friend to the success of our political institutions. In no government are appeals to the source of power in cases of real doubt more suitable than in ours. No good motive can be assigned for the exercise of power by the constituted authorities, while those for whose benefit it is to be exercised have not conferred it, and may not be willing to confer it. It would seem to me that an honest applica- tion of the conceded powers of the general government to the advancement of the common weal, presents a sufficient scope to satisfy a reasonable ambition. The difficulty and supposed impracticability of obtaining an amendment of the constitution in this respect is, I firmly believe, in a great degree unfounded. The time has never yet been when the patriotism and intelligence of the American people were not fully equal to the greatest exigency ; and it never will, when the subject calling forth their interposition is plainly presented to them. To do so with the questions involved in this bill, and to urge them to an early, zealous, and full consideration of their deep importance, is in my estimation among the highest of our duties. A supposed connexion between appropriations for internal improvement and the system of protecting duties, grow'..g out of the anxieties of those more immediately interested in their success, has given rise to suggestions which it is proper I should notice on this occasion. My opinions on these subjects have never been concealed from those who had a right to know them. ' Those which I have entertained on the latter have frequently placed me in opposition to individuals as well as communities, whose claims upon my friendship and gratitude are of the strongest character ; but I trust there has been nothing in my public life which has exposed me to the suspicion of being thought capable of sacrificing my views of duty to private consider- ations, however strong they may have been, or deep the regrets which thy are capable of exciting. As long as the encouragement of domestic manufactures is directed to na- tional ends, it shall receive from me a temperate but steady support. There is no necessary connexion between it and the system of appropriations. On the contrary, it appears to me that the supposition of their dependence upon each other is calculated to excite the prejudices of the public against both. The former is sustained on the ground of its consistency with the letter and spirit of the constitution, of its origin being traced to the assent of all the parties to the original compact, and of its having the support and approbation of a majority of the people ; on which account it is at least entitled to a fai* 728 JACKSON'S SPECIAL MESSAGE. experiment. The suggestions to which I have alluded refer to a forced continuance of the national debt, by means of large appropriations, as a sub- stitute for the security which the system derives from the principles on which it has hitherto been sustained. Such a course would certainly in- dicate either an unreasonable distrust of the people, or a consciousness that the system does not possess sufficient soundness for its support, if left to their voluntary choice and its own merits. Those who suppose that any policy thus founded can be long upheld in this country, have looked upon its history with eyes very different from mine. This policy, like every other, must abide the will of the people, who will not be likely to allow any device, however specious, to conceal its character and tendency. In presenting these opinions, I have spoken with the freedom and candor which I thought the occasion for their expression called for ; and now re- spectfully return the bill which has been under consideration, for your further deliberation and judgment. SPECIAL MESSAGE. MAY 26, 1830. To the Senate and House of Representatives of the United States : GENTLEMEN : I think it my duty to inform you, that I am daily expect- ing the definitive answer of the British government to a proposition which has been submitted to it by this, upon the subject of the colonial trade. This communication has been delayed by a confident belief, that the answer referred to would have been received early enough to have admit- ted of its submission to you in sufficient season for the final action of Con- gress at its present session ; and is now induced by an apprehension that, although the packet by which it was intended to be sent is hourly ex- pected, its arrival may, nevertheless, be delayed until after your adjourn- ment. Should this branch of the negotiation committed to our minister be suc- cessful, the present interdict would, nevertheless, be necessarily continued until the next session of Congress, as the president has, in no event, au- thority to remove it. Although no decision had been made at the date of our last advices from Mr. McLane, yet, from the genera] character of the interviews between him and those of his majesty's ministers, whose particular duty it was to confer with him on the subject, there is sufficient reason to expect a favor- able result, to justify me in submitting to you the propriety of providing for a decision in the recess. This may be done by authorizing the president, in case an arrange- ment can be effected, upon such terms as Congress would approve, to carry the same into effect on our part by proclamation ; or, if it should be thought advisable to execute the views of Congress, by like means, in the event of an unfavorable decision. Any information in the possession of the executive, which you may deem necessary to guide your deliberations, and which it may, under ex- isting circumstances, be proper to communicate, shall be promptly laid be fore you, if required. APPENDIX. SPECIAL MESSAGES OF WASHINGTON, SPECIAL MESSAGE. AUGUST 7, 1789. To the Senate and House of Representatives of the United States : THE business, which has been under the consideration of Congress, has been of so much importance, that I was unwilling to draw their attentior 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 lim- its 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 the citizens from all injury and violence, a due regard should be extended to those Indian tribes, whose happiness, in the course of events, so materially depends on the national justice and humanity of the United States. If it should be the judgment of Congress that it would be most expedi- ent to terminate all differences in the southern district, and to lay the foundation for future confidence, by an amicable treaty with the Indian tribes in that quarter, I think proper to suggest the consideration of the expediency of instituting a temporary commission for that purpose, to con- sist of three persons, whose authority should expire with the occasion. How far such a measure, unassisted by posts, would be competent to the establishment and preservation of peace and tranquillity on the frontier, is also a matter which merits your serious consideration. Along with this object, I am induced to suggest another, with the na- tional 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 country so evidently and so essentially depend. But it may not bo amiss to observe, thai I am particularly anxious it should receive as early attention as circumstance* will admit ; because it is now in our power to avail ourselves of the mil) WASHINGTON S SPECIAL MESSAGES. tary 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 deaths and other causes. To suffer this peculiar advantage to pass away unimproved, would be to neglect an op- portunity which will never again occur, unless unfortunately we should again be involved in a long and arduous war. SPECIAL MESSAGE. SEPTEMBER 17, 1789. To the Senate of the United States : 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 fidelity. 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 officers, as final and conclusive, until ratified by the sovereign or government from whom hey 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 their chiefs or rulers, need not be ratified by them, yet, being formed on our part by the agency of subordinate officers, it seems to me 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 be 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 were laid before you with my message of the 25th of May last, suggested two questions to my mind, namely 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 " to execute and enjoin an observance of" the treaty with the Wyandots, &c. You, gentlemen, doubtless in- tended to be clear and explicit ; and yet. without further explanation, 1 fear I may misunderstand your meaning : for if, by my executing that trea- ty, you mean that I should make it (in a more particular and immediate manner than it now is) the act of government, then it follows that I am to ratify it. If you meaji, by my executing it, that I am to see it 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 observed ; or, that you , consider it to derive its completion and obligation from the silent approbation and ratification which my proc- lamation may be construed to imply. Although I am inclined to think that the latter is your intention, yet it is certainly best that all doubts re- specting it be removed. WASHINGTON S SPECIAL MESSAGES. Ill Permit me to observe, that it will be proper for me to be informed o. your sentiments relative to the treaty with the Six Nations, previous t& the departure of the governor of the western territory, and therefore I rec ommend it to your early consideration. S/P EC I A L MESSAGE. FEBRUARY 9, 1790. To the Senate of the United States : You will perceive, from the papers herewith delivered, and which are 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 desirable 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 in- formed 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, &c., I am the more solicit- ous that the business now submitted to you may be prepared for nego- tiation as soon as the other important affairs which engage your attention will permit. SPECIAL MESSAGE. AUGUST 4, 1790. To the Senate of the United States : I.v consequence of the general principles agreed to by the senate in August, 1789, the adjustment of the terms of a treaty is far advanced be- tween the United States and the chiefs of the Creek Indians, now in this city, in behalf of themselves and the whole Creek nation. In preparing this treaty, the present arrangements of trade with the Creeks have caused much embarrassment. It seems to be well ascer- tained that the said trade is almost exclusively in the hands of a company of British merchants, who, by agreement, make their importations of goods from England into the Spanish ports. As the trade of the Indians is a main means of their political manage- ment, it is therefore obvious that the United States can not possess any security for the performance of treaties with the Creeks, while their trade is liable to be interrupted, or withheld, at the caprice of two foreign powers. IV WASHINGTON S SPECIAL MESSAGES. Hence it becomes an object of real importance to form new channels for the commerce of the Creeks through the United States. But this operation will require time, as the present arrangements can not be sud- denly broken without the greatest violation of faith and morals. It therefore appears to be important to form a secret article of a treaty, similar to the one which accompanies this message. If the senate should require any further explanation, the secretary of war will attend them for that purpose. SECRET ARTICLE. The commerce necessary for the Creek nation shall be carried on through the ports, and by the citizens, of the United States, if substantial and effectual arrangements shall be made for that purpose by the United States on or before the first day of August, one thousand seven hundred and ninety-two. In the meantime, the said commerce may be carried on through its present channels, and according to its present arrangements. And, whereas, the trade of the said Creek nation is now carried on wholly or principally through the territories of Spain, and obstructions thereto may happen by war or prohibitions of the Spanish government : it is therefore agreed between the said parties, that, in the event of any such obstructions happening, it shall be lawful for such persons as shall designate, to introduce into, and transport through the territories of the United States, to the country of the said Creek nation, any quantity of goods, wares, and merchandise, not exceeding in value in any one year sixty thousand dollars, and that free from any duties or impositions what- soever, but subject to such regulations for guarding against abuse as the United States shall judge necessary ; which privilege shall continue as long as such obstructions shall continue. SPECIAL MESSAGE. AUGUST 7, 1790. To the Senate of the United States : I LAY before you a treaty between the United States and the chiefs of the Creek nation, now in this city, in behalf of themselves and the whole Creek nation, subject to the ratification of the president of the United States, with the advice and consent of the senate. While I flatter myself that this treaty will be productive of present peace and prosperity to our southern frontier, it is expected that it will also in its consequences be the means of firmly attaching the Creeks and the neighboring tribes to the interests of the United States. At the same time, it is to be hoped that it will afford solid grounds of satisfaction to the state of Georgia, as it contains a regular, full, and de- finitive relinquishment, on the part of the Creek nation, of the Oconee land, in the utmost extent in which it has been claimed by that state, and thus extinguishes the principal cause of those hostilities from which it has more than once experienced such severe calamities. But although the WASHINGTON'S SPECIAL MESSAGES, v most valuable of the disputed land is included, yet there is a certain claim of Georgia, arising out of the treaty made by that state at Galphinston, in November, 1785, of land to the eastward of a new temporary line from the forks of the Oconee and Oakmulgee in a southwest direction to the St. Mary's river, which tract of land the Creeks in this city absolutely re- fuse to yield. This land is reported to be generally barren, sunken, and unfit for culti- vation, except in some instances on the margin of the rivers, on which, by improvement, rice might be cultivated, its chief value depending on the timber fit for the building of ships, with which it is represented as abounding. While it is thus circumstanced, on the one hand, it is stated by the Creeks, on the other, to be of the highest importance to them, as constitu- ting some of their most valuable winter hunting-ground. 1 have directed the commissioner, to whom the charge of adjusting this treaty has been committed, to lay before you such papers and documents, and to communicate to you such information relatively to it, as you may require. SPECIAL MESSAGE. AUGUST 11, 1790. To the Senate of the United States : ALTHOUGH the treaty with the Creeks may be regarded as the main foundation of the future peace and prosperity of the southwestern frontier of the United States, yet, in order fully to effect so desirable an object, the treaties which have been entered into with the other tribes in that quarter must be faithfully performed on our part. During the last year, I laid before the senate a particular statement of the case of the Cherokees. By a reference to that paper it will appear that the United States formed a treaty with the Cherokees in November, 1785 ; that the said Cherokees thereby placed themselves under the pro- tection of the United States, and had a boundary assigned them ; that the white people, settled on the frontiers, had openly violated the said bound- ary by intruding on the Indian lands ; that the United States, in Congress assembled, on 1st day of September, 1788, issued their proclamation for- bidding all such unwarrantable intrusions, and enjoined all those who had settled upon the hunting-grounds of the Cherokees to depart with their families and effects without loss of time, as they would answer their diso- bedience to the injunctions and prohibitions expressed at their peril. But information has beeu received, that, notwithstanding the said treaty and proclamation, upward of five hundred families have settled on the Cherokee land, exclusively of those settled between the forks of French, Broad, and Holstcin rivers, mentioned in the said treaty. As the obstructions to a proper conduct on this matter have been re- moved since it was mentioned to the senate on the 'J'Jd of August, 1789, by the accession of North Carolina to the present Union, and tho cessions of the lands in question, 1 shalUconcei\ e myself bound to exert the powers intrusted to me by the constitution, in order ti* carry into faithful exeeu- vi WASHINGTON'S SPECIAL MESSAGES. tion the treaty of Hopewell, unless it shall be thought proper to attempt to arrange a new boundary with the Cherokees, embracing the settlements, and compensating the Cherokees for the cessions they shall make on the occasion. On this point, therefore, I state the following questions, and request the advice of the senate thereon : 1. Is it the judgment of the senate that overtures shall be made to the Cherokees to arrange a new boundary, so as to embrace the settlements made by the white people since the treaty of Hopewell, in November, 1785? 2. If so, shall compensation to the amount of dollars annually, or of dollars in gross, be made to the Cherokees for the land they shall relinquish, holding the occupiers of the land accountable to the United States for its value ? 3. Shall the United States stipulate solemnly to guaranty the new bound- ary which may. be arranged ? SPECIAL MESSAGE. JANUARY 24, 1791. To the Senate and House of Representatives of the United States : IN execution of the powers with which Congress were pleased to in- vest me by their act, entitled, " An act for establishing the temporary and permanent seat of the government of the United States," and on mature consideration of the advantages and disadvantages of the several positions within the limits, prescribed by the said act, I have, by a proclamation, 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 ten miles square, on both sides the river Potomac, so as to comprehend Georgetown, in Maryland, and to extend to the East- ern Branch. 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 considering 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 de- cided on what particular spot on the northeastern side of the river the public buildings shall be erected. WASHINGTON S SPECIAL MESSAGES. VU SPECIAL MESSAGE. FEBRUARY 14, 1791. To the Senate and House of Representatives of the United States : SOON after I was called to the administration of the government, I found it important to come to an understanding with the court of London on sev- eral points interesting to the United States, and particularly to know whether they were disposed to enter into arrangements, by mutual con- sent, which might fix the commerce between the two nations on principles of reciprocal advantage. For this purpose, I authorized informal confer- ences with their minister ; and from these I do not infer any disposition, 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 influence on matters under your consideration. 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 a public person, I employed Mr. Gouverneur Morris, who was on the spot, and without giving him any definite character, to enter informally into the conferences before mentioned. For your more particular information, 1 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, and one with him and Mr. Pitt. The sum of these is, that they declare without scruple that they do not mean to fulfil what remains of the treaty of peace to be fulfilled on their part (by which we are to understand the delivery of the posts, and payment for property carried off), till per- formance on our part, and compensation where the delay has rendered the performance now impracticable ; that, on the subject of a treaty of com- merce, they avoided direct answers, so as to satisfy Mr. Morris they did not mean to enter into one, unless it could be extended into a treaty of alliance offensive and defensive, or unless in the event ef a rupture with Spain. As to the sending a minister here, they made excuses at the first con- ference, seem disposed to it in the second, and in the last express an in- tention of so doing. Their views being thus sufficiently ascertained, I have directed Mr. Morris to discontinue his communications with them. SPECIAL MESSAGE. FEBRUARY 18, 1791. To the Senate of the United States : 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 Till WASHINGTON S SPECIAL MESSAGES. Mr. Carmichael, our charge d'affaires at Madrid, having been long absent from his country, and great changes having taken place in our circum- stances and sentiments during the interval, it was thought expedient to send some person in a private character, fully acquainted with the present state of things here, to be the bearer of written and confidential instruc- tions to him, and at the same time to possess him, in full and frequent con- versations, 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 Lisbon 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 infor- mally, but repeatedly, suggested on their part. It was our interest to meet this nation in its friendly dispositions, and to concur in the exchange pro- posed. But my wish was, at the same time, that the character to be ex- changed should be of the lowest and most economical grade. To this it was known that certain rules of long standing at that court would produce obstacles. Colonel Humphreys was charged with despatches 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 Lisbon, the queen had appointed a minister resident to the United States. This embarrassment seems to have rendered the difficulty completely insur- mountable. The minister of that court, in his own 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 by them, that no proper character would accept it to go abroad. In a letter to the secretary 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', giving the details of this trans- action, will be delivered to you. On this 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 in- stance in whic a like change may be pressed. But, should it be neces- sary to yield elsewhere also, I shall think it a less evil than to disgust a government so friendly and so interesting to us as that of Portugal. I do not mean that the change of grade shall render the mission more ex- pensive. I have, therefore, nominated David Humphreys minister resident from the United States to her most faithful majesty the queen of Portugal. WASHINGTON'S SPECIAL MESSAGES. ix SPECIAL MESSAGE. MARCH 5, 1792. To the Senate and House of Representatives of the United States : KNOWING the friendly interest you take in whatever may promote the happiness and prosperity of the French nation, it is with pleasure 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 ac- ceptance of the constitution presented to his nation. The translation of the letter above referred to. September 19, 1791. VERY DEAR, GREAT FRIENDS AND ALLIES : WE make it our duty to inform you that we have accepted the constitu- tion which has been presented to us in the name of the nation, and accord- ing to which France will be henceforth governed. We dd not doubt that you take an interest in an event so important to our kingdom and to us, and it is with real pleasure we take this occasion to renew to you assurances of the sincere friendship we bear you. Where- upon we pray God to have you, very dear, great friends and allies, in his just and holy keeping. Written at Paris, the 19th of September, 1791. Your good friend and ally, Louis MONTMORIN. SPECIAL MESSAGE. MAY 8, 1792. To the Senate of the United States : IF the president of the United States should conclude a convention or treaty with the government of Algiers for the ransom of the thirteen Amer- icans in captivity there, for a sum not exceeding forty thousand dollars, all expenses included, will the senate approve the same ? Or is there any and what greater or lesser sum, which they would fix on as the limit be- yond 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 ex- pense not exceeding twenty-five thousand dollars paid at the signature, and a like sum to be paid annually afterward 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 limit beyond which they would not approve of such treaty ? VOL. I. 47 JC WASHINGTON'S SPECIAL MESSAGES. SPECIAL MESSAGE. DECEMBER 16, 1793. To the Senate and House of Representatives of the United States : 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 ar- rangement of our unsettled matters with Spain, it was thought proper to prepare a representative at that court to avail us of it. A confidential per- son was therefore despatched 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 gOA'ernrnent of France was at the same time applied to for its aid and influence in this negotiation. 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 repre- sentatives 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 would have been desired, yet I did not think it im- portant enough to regret the proposition ; and therefore, with the advice and consent of the senate, I appointed commissioners plenipotentiary for ne- gotiating and concluding a treaty with that country on the several subjects of boundary, 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 visible 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 the best reason to believe that the hostilities threatened and exercised by the southern Indians on our border were excited by the agents of that govern- ment. Representations were thereon directed to be made by our commis- sioners to the Spanish government, and a proposal to cultivate with good faith the peace of each other with those people. In the meantime, corre- sponding 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 representa- tives 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 me- diation between them and us by the sovereign assumed ; their boundaries with us made a subject of interference ; and at length, at the very moment when these savages were committing daily inroads upon our frontier, we were informed by them that " the continuation of the peace, good har- mony, 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, there- fore, to know if these were the views of the sovereign : and despatched a WASHINGTON S SPECIAL MESSAGES. special messenger with instructions to our commissioners, which are among the papers now communicated. This last letter gives us reason to expect very shortly to know the result. I must add, that the Spanish represen- tatives here, perceiving that their last communication had made no consid- erable impression, endeavored to abate this by some subsequent profes- sions, which, being also among the communications to the legislature, they will be able to form their own conclusions. SPECIAL MESSAGE. DECEMBF.R 16, 1793. To the Senate of the United States : I LAY before you a report of the secretary of state on the measures which 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 Algiers. While it is proper our citizens should know that subjects, which so much concern their interests and their feelings, have duly engaged the attention of their legislature and executive, it would still be improper that some par- ticulars of this communication should be made known. The confidential conversation stated in one of the last letters sent herewith is one of these. Both justice and policy require that the source of that information remain secret. So a knowledge of the sums meant to have been given for peace and ransom might have disadvantageous influence on future proceedings for the same objects. SPECIAL MESSAGE. JANUARY 21, 1794. Gentlemen of the Senate and of the House of Rtprcse ntatives : 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, co-operating with better informa- tion, have had a considerable influence in obviating the difficulties which have embarrassed that brunch of the public revenue. But the obstacles which have been experienced, though lessened, are not yet entirely sur- mounted, 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 lighthouse establishments require, as a condition of their permanent maintenance, at the expense of the United States, a Xll WASHINGTON S SPECIAL MESSAGES. complete cession of soil and jurisdiction. The cessions of different states having been qualified with a reservation of the right of serving legal pro- cess within the ceded jurisdiction, are understood to be inconclusive, as annexing a qualification not consonant with the terms of the law, I pre- sent 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 territory of the United States northwest of the river Ohio," although it is not expressly directed that the laws of that ter- ritory should be laid before Congress, I now transmit to you a copy of such as have been passed from July to December, one thousand seven hundred and ninety-two, inclusive, being the last which have been re- ceived by the secretary of state. SPECIAL MESSAGE. MARCH 28, 1794. Gentlemen of the Senate and 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. It also deserves the attention 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 in- structed 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, al- though their occupations lie generally in parts beyond the United States. But without further restrictions, there is an opportunity of their privileges being used as a 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 considera- tion. SPECIAL MESSAGE. MAY 20, 1794. Gentlemen of the Senate and of the House cf Representatives : IN the communication which I have made to Congress, during the pres- ent session, relative to foreign nations, I have omitted no opportunity of testifying my anxiety to preserve the United States in peace. It is pecu- WASHINGTON'S SPECIAL MESSAGES. xui liarly, therefore, my duty at this time to lay before you the present state of certain hostile threats against the territories of Spain, in our neighbor- hood. 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 thence that the subject has not been neglected ; that ev- ery power vested in the executive, on such occasions, has been exerted ; and that there was reason to believe that the enterprise projected against the Spanish dominions was relinquished. But it appears to have been revived upon principles which set public order at defiance, and place the peace of the United States in the discre- tion of unauthorized individuals. The means already deposited in the dif- ferent departments of government are shown 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, en- ergy, 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 hos- tile movements under the laws as they now stand. SPECIAL MESSAGE. MAY 21, 1794. To the Senate and House of Representatives of the United States : 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 probable 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 on a supposition of the authenticity of this information, although of a private nature, I have caused the representation to be made to the British minister, a copy of which ac- companies this message. It can not be necessary to comment upon the very serious nature of such an encroachment, nor to urge that this new state of things suggests the propriety of placing the United States in a posture of effectual prepa- ration for an event, which, notwithstanding the endeavors making to avert it, may, by circumstances beyond our control, be forced upon us. SPECIAL M E S S A G E . FEBRUARY 28, 1795. To the Senate and House of Representatives of the United States : IN my first communication to Congress during their present session, I gave them reason to expect that "curtain circumstances of our intercourse with foreign nations" would be transmitted to them. There was at thf . XIV WASHINGTONS SPECIAL MESSAGES. time every assurance for believing thai some of the most important of our foreign affairs would have been concluded, and others considerably ma- tured, 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 exe- cute my original intention. That I may, however, fulfil the expecta- tion given, as far as the actual situation of things will in my judgment permit, I now, in confidence, 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 non-fulfilment of the contracts of the agents of that re- public with our citizens, and from the embargo at Bordeaux. He has also pressed an allowance for the money 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, an envoy extraordinary, has been specially charged to bring to a conclusion the discussions, which have been formerly announced to Congres#. The friendship of her most faithful majesty has been often manifested by 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 therefore promise ourselves, that, as in the ordinary course of things, few causes can exist for dissatisfaction between the United States and Portugal, 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 Hol- land is represented as standing upon the most respectable footing. Upon the death of the late emperor of Morocco, an agent was de- spatched to renew with his successor the treaty which the United States had made with him. The agent unfortunately died after he had reached Europe, in the prosecution of his mission. But until lately it was impos- sible 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 WASHINGTON'S SPECIAL MESSAGES. xv 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. SPECIAL MESSAGE. JUNE 25, 1795. To the Senate of the United States : JUST at the close of the last session of Congress, I received, from one of the senators and one of the representatives of the state of Georgia, an ap- plication for a treaty to be held with the tribes or nations of Indians claiming the right of soil to certain lands lying beyond the present temporary bound- ary line of that state, and which were described in an act of the legis- lature of Georgia, passed on the 28th of December last, which has already been laid before the senate. This application, and the subsequent corre- spondence with the governor of Georgia, are herewith transmitted. The subject being very important, I thought proper to postpone a decision upon that application. The views I have since taken of the matter, with the information received of a more pacific disposition on the part of the Creeks, have induced me now to accede to the request : but with this explicit dec- laration, that neither my assent, nor the treaty which may be made, shall be considered as affecting any question which may arise upon the supple- mentary act passed by the legislature of the state of Georgia on the 7th of January last, upon which inquiries have been instituted, in pursuance of a resolution of the senate and house of representatives ; and that any cession or relinquishment of the Indian claims shall be made in the gen- eral terms of treaty of New York, which are contemplated as the form proper to be generally used on such occasions ; and on the condition that one half of the expense of the supplies of provisions, for the Indians as- sembled at the treaty, be borne by the state of Georgia. Having concluded to hold the treaty requested by that state, I was wil- ling to embrace the opportunity it would present, of inquiring into the causes of the dissatisfaction of the Creeks which has been manifested, since the treaty of New York, by the numerous and distressing depreda- tions on our southwestern frontier. Their depredations on the Cumber- land have been so frequent and so peculiarly destructive, as to lead me to think they must originate in some claim to the lands upon that river. But whatever may have been the cause, it is important to trace it to its source ; for, independent of the destruction of lives and property, it occasions a very serious annual expense to the United States. The commissioners for holding the proposed treaty will therefore be instructed to inquire into the causes of the hostilities to which I have referred, and to enter into such reasonable stipulations as will remove them, and give permanent peace to those parts of the United States. xvi WASHINGTON'S SPECIAL MESSAGES. SPECIAL MESSAGE. JANUARY 4, 1796. To the Senate and House of Representatives of the United States : A LETTER from the minister plenipotentiary of the French republic, re- ceived on the 22d of last month, covered an address, dated 21st of Octo- ber, 1794, from the committee of public safety to the representatives of the United States in Congress ; and also informed me that he was instruct- ed 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 year, 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, the house will see that I have in- formed 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 evidences of the continued friendship of the French republic, together with the sentiments expressed by me on the occasion in behalf of the United States. They are herewith commu- nicated. SPECIAL MESSAGE JANUARY 8, 1796. To the Senate and House of Representatives of the United States : I TRANSMIT to you a memorial of the commissioners, appointed by vir- tue 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 in the memorial of the commis- sioners. I have directed the buildings therein mentioned to be com- menced, 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 my care. 1 have viewed the resources placed in my hands, and observed the manner in which they have been applied ; the progress is pretty fully detailed in the memorial from the commissioners, and one of them intends to give further information, if required. In a case new and arduous, like the present, difficulties might naturally be expected : some have occurred, but they are, in a great degree, surmounted ; 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 government 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 pur- sued with respect to the property remaining unsold. WASHINGTON'S SPECIAL MESSAGES. xvu SPECIAL MESSAGE. JANUARY 29, 1796. 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 the reduction should not exceed two pennyweights in each cent, and in a like proportion in the half cent I have caused the same to be reduced, since the 27th of last December, to wit : one pennyweight and sixteen grains in each cent, and in the like proportion in the 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 enclosed application of the under-keeper of the jail at that place, of which copies are herewith transmitted, Congress will see 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. SPECIAL MESSAGE. MARCH 30, 1796. To the House of Representatives of the United Slates : WITH the utmost attention I have considered your resolution of the 24th instant, requiring me to lay before your house a copy of the instructions to the minister of the United States who negotiated the treaty with the king of Great Britain, together with a correspondence and other documents 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 to lose sight of the principle, which some have avowed in its discussion, or to avoid extend- ing my views to the consequences which must flow from the admission of that principle. I trust that no part 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 uflirm that it has been, as it will continue to be while I have the honor to preside in the government, my constant endeavor to harmonize with 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 " preserve, protect, and defend the constitution," will permit. The nature of foreign negotiations requires caution, and their success must often depend on secrecy ; and, even when brought to a conclusion, a full disclosure of all the measures, demands, or eventual concessions, which may have been proposed or conU'inpluied, would be extremely im- xviii WASHINGTON'S SPECIAL MESSAGES. politic : for this might have a pernicious influence on future negotiations, or produce immediate inconveniences, perhaps danger and mischief, in re- lation to other powers. 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 number 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 rela- tive to any purpose under the cognizance of the house of representatives, except that of an impeachment, which the resolution has not expressed. I repeat, that I have no disposition to withhold any information which the duty of my situation 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 communi- cated 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 con- stitution of the United States. Having been a member of the general convention, and knowing the prin- ciples on which the constitution was formed, I have ever entertained but one opinion on this subject ; and, from the first establishment of the gov- ernment 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 fhe senate, provided two thirds of the sen- ators present concur ; and that every treaty, so made and promulgated, thenceforward became the law of the land. It is thus that the treaty-ma- king power has been understogd by foreign nations ; and, in all the treaties made with them, we have declared, and they have believed, that, when ratified by the president, with 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 present time, not a doubt or suspicion has appeared, to my knowledge, that this construc- tion was not the true one. Nay, they have more than acquiesced : for, till now, without controverting the obligations 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 deliberating on the constitution ; especially by those who objected to it because there was not required, in commercial treaties, the consent of two thirds 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 both houses respectively was not made necessary. It is a fact decided by the general convention, and universally under- stood, that the constitution of the United States was the result of a spirit of amity and mutual 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 government was invested with great powers ; for on the equal participation of those powers the sovereignty and political safety of the smaller states were deemed essentially to depend. WASHINGTON 8 SPECIAL MESSAGES. XIX If other proofs than these, and the plain letter of the constitution itself, be necessary to ascertain the point under 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 constitution and to the duty of my office, under all the circumstances of this case, forbids a compliance with your request. SPECIAL MESSAGE. JANUARY 19, 1797. Gentlemen 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 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 1 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 transac- tions, which I now lay before you, with a letter to Mr. Pinckney, our min- ister at Paris, containing an examination of the notes of the French min- ister, and such information as I thought might be useful to Mr. Pitickney in any further representations he might find necessary to be made to the French government. The immediate object of his mission was, to make to that government such explanations of the principles and conduct of our own, as, by manifesting our good faiih, might remove all jealousy and dis- content, and maintain that harmony and good understanding witli the French republic which it has been my constant solicitude to preserve. A government which required only a knowledge of the truth to justify its measures, could not but be anxious to have this fully and frankly dis- played. SPECIAL MESSAGES OF JOHN ADAMS, SPECIAL MESSAGE. JUNE 12, 1797. Gentlemen of the Senate and Gentlemen of the House of Representatives : I HAVE received information from the commissioner appointed on the part of the United States, pursuant to the third article of our treaty with Spain, that the running and marking of the boundary line between the col- onies of East and West Florida and the territory of the United States, have been delayed by the officers of his catholic majesty ; and that they have declared their intention to maintain jurisdiction, and to suspend the with- drawing of his troops from military posts they now occupy, within the ter- ritory of the United States, until the two governments shall, by negotiation, have settled the meaning of the second article respecting the withdrawing of the troops, garrisons, or settlements, of either party in the territory ot the other ; that is, whether, when the Spanish garrisons withdraw, they are to leave the works standing or to demolish them ; and, until, by an ad- ditional article to the treaty, the real property of the inhabitants shall be secured ; and, likewise, until the Spanish officers are sure the Indians will be pacific. The first two questions, if to be determined by negotia- tion, might be made subjects of discussion for years ; and, as no limita- tion 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 fulfilment of the treaty on the part of Spain. To remove the first difficulty, I have determined to leave it to the dis- cretion of the officers of his catholic majesty, when they withdraw their 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 sec- ond, I shall cause an assurance to be published, and to be particularly communicated to the minister of his catholic majesty, and to the governor of Louisiana, that the settlers or occupants of the lands in question shall not be disturbed 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 consider- ation of Congress, whether it will not be expedient immediately to pass a law, giving positive assurances to those inhabitants, who, by fair and reg- ular grants, or by occupancy, have obtained legal titles or equitable claims to lands in that country, prior to the final ratification of the treaty between the United States and Spain, on the twenty-fifth of April, one thousand seven hundred and ninety-six. This country is rendered peculiarly valuable by its inhabitants, who are represented to amount to nearly four thousand, generally well effected and JOHN ADAMS'S SPECIAL MESSAGES. xxi much attached to the United States, and zealous for the establishment of a government under their authority. I therefore recommend to your consideration the expediency of erecting a government in the district of Natchez, similar to that established for the territory northwest of the river Ohio, but with certain modifications, rela- tive to titles or claims of land, whether of individuals or companies, or to claims of jurisdiction of any individual state. SPECIAL MESSAGE. JUNE 22, 1797. Gentlemen of the House of Representatives : IMMEDIATELY after I had received your resolution of the tenth of June, requesting a report respecting the depredations committed on the com- merce of the United States, since the first of October, one thousand seven hundred and ninety-six, 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, particular- izing 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 govern- ment : in consequence of which, the secretary of state has made the re- port and the collection of documents which accompany this message, and are now laid before the house of representatives, in compliance with their desire. * SPECIAL MESSAGE. JULY 3, 1797. Gentlemen of the Senate and Gentlemen of the House of Representatives : THE whole of the intelligence which has for some time past been re- ceived from abroad, the correspondences between this government and the ministers of the belligerent powers residing here, and the advices of the officers of the United States, civil and military, upon the frontiers, all conspire to show, in a very strong light, the critical situation of our coun- try. That Congress might be enabled to form a more perfect judgment 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 correspon- dences as might afford the clearest information. The reports made to me from the secretary of state and the secretary of war, with the collection of documents from each of them, are now communicated to both 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 apprized of their contents before they should be made public. As soon as the 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. XX11 JOHN ADAM'S SPECIAL MESSAGES. SPECIAL MESSAGE. JANUARY 17, 1798. Gentlemen of the Senate and Gentlemen of the House of Representatives . - 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 convenience of our citizens, I have nominated, and, by and with the advice and con- sent of the senate, appointed commissioners to hold conferences, and con- clude a treaty, as early as the season of the year, and the convenience of the parties, will admit. As we know very well, by experience, that such negotiations can not be carried on without considerable expenses, I recommend to your consid- eration the propriety of making an appropriation, at this time, for defraying such as may be necessary for holding and concluding a treaty. 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 ex- penses as may be thought indispensable. SPECIAL MESSAGE. JANUARY 18, 1798. Gentlemen of the Senate and Gentlemen of the House of Representatives : A REPRESENTATION has been made to me, by the judge of the Pennsyl- vania district of the United States, of certain inconveniences, and disa- greeable circumstances which have occurred in the execution of the law, passed on the twenty-eighth day of May. one thousand seven hundred and ninety-six, entitled, " An act for the relief of persons imprisoned for debt," as well as of certain doubts which have been raised concerning its con- struction. This representation, together with a report of the attorney-gen- eral on the same subject, I now transmit to Congress, for their considera- tion, that, if any amendments or explanations of that law should be thought advisable, they should be adopted. SPECIAL MESSAGE. JANUARY 23, 1798. Gentlemen of the Senate and Gentlemen of the House of Representatives : AT the commencement of this session of Congress, I proposed, in the course of it, to communicate to both houses further information concerning the situation of our affairs in the territories of the United States situated on the Mississippi river, and its neighborhood ; our intercourse with the Indian nations ; our relations with the Spanish government, and the con- duct 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 pre- sent to the senate and house of representatives. JOHN ADAMS'S SPECIAL MESSAGES. ixiii SPECIAL MESSAGE. JANUARY 8, 1799. Gentlemen of the House of Representatives : I.v compliance with your desire, expressed in your resolution of the second of this month, I lay before you an extract of a letter from George C Moreton, acting consul of the United States at the Havana, dated the 1 3th of November, 1 798, to the secretary of state, with a copy of a letter from him to L. Tresevant and William Timmons, 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 extra- ordinary and minister plenipotentiary to the United States, and to ouv minister plenipotentiary to the court of Great Britain, with instructions to him to make the proper representations to that government on this subject. It is but justice to say, that this is the h'rst 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, politeness, and friendship. I have no doubt that this first instance of misconduct will be readilv corrected. SPECIAL .MESSAGE. MARCH 2, 1799. Gentlemen of the Senate and Gentlemen of the House of Representatives : JUDGING it of importance to the public that the legislature should be in- formed 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 ninth of July last. SPECIAL MESSAGE. DECEMBER 19, 1799. Gentlemen of the Senate and Gentlemen of the House of Representative* : THB 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 XXlV JOHN ADAMS S SPECIAL MESSAGES. services to his country, rendered illustrious through the world. It re- mains for an affectionate and grateful people, in whose hearts he can never die, to pay suitable honors to his memory. SPECIAL MESSAGE. DECEMBER 19, 1799. Gentlemen of the House of Representatives : I RECEIVE, 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 ever pro- duced. I sympathize with you, with the nation, and with good men through the world, in this irreparable loss sustained by us all. SPECIAL MESSAGE. JANUARY 6, 1800. Gentlemen of the Senate and Gentlemen of the House of Representatives : - IN compliance with the request in one of the resolutions of Congress of the twenty-first of December last, I transmitted a copy of those res- olutions, by my secretary, Mr. Shaw, to Mrs. Washington, assuring her of the profound respect Congress will ever bear to her person and charac- ter ; '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 senti- ments 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, will be highly gratified by any arrangement which may diminish the sacrifice she makes of her individual feelings. SPECIAL MESSAGE. JANUARY 14, 1800. Gentlemen of the House of Representatives : As the enclosed letter, from a member of your house, received by me in the night of Saturday, the eleventh 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 its tendencies to your consideration, without any other comments on its matter or style : but, as no gross impropriety of conduct, on the part of persons holding commissions in the army or navy of the United States, ought to pass without due animadversion, I have directed the secretary of war and the secretary of the navy to investigate the conduct complained of, and to report to me without delay, such a statement of facts as will enable me to decide on the course which duty and justice shall appear to present ). JEFFERSON S CONFIDENTIAL MESSAGE. xxv JEFFERSO N'S CONFIDENTIAL MESSAGE RECOMMENDING A WESTERN EXPLORING EXPEDITION. JANUARY 18, 1803. Gentlemen of the Senate and of the House of Representatives : As the continuance of the act for establishing trading-houses with (he Indian tribes, will be 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 policy 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 territory they occupy, although effected by their own voluntary 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 jealousies and perturbations in their minds to make any overture for the purchase of the smallest portions of their land. A very 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 wiii call for, two measures are deemed expedient. First : to encourage them to abandon hunting, to apply to the raising stock, to agriculture and domestic manufactures, and thereby provp to themselves that less land and labor will maintain them in this, better than in their former mode of living. The extensive forests necessary in the hunting life will then become useless, and they will see advantage in exchanging them for the means of improving their farms and of increasing thetr domestic comforts. Secondly : to multiply trading-houses among them, and place within their reach those things which will contribute more to iheir 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 wo want, for what \vi- can spare and they want. In leading them thus to agriculture, to man- ufactures, and civilization ; in bringing together their and our settlements, and in preparing them ultimately to participate in the benefits of our gov- ernment, I trust and believe we 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 requires only that the capital stock shall not be diminished. We conse- quently undersell private traders, foreign and domestic ; drive them from 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 enclosed, 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 legislature, reflecting on the late occurrences on the Mississippi, must be sensible VOL. 1. 48 XXVI JEFFERSON S CONFIDENTIAL MESSAGE. 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 W abash 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 legislature ; but as their disclosure might embarrass and defeat their effect, they are com- mitted 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 use- fully for the public. The river Missouri, and the Indians inhabiting it, are not as well known as is rendered desirable by their connexion with the Mississippi, and consequently with us. It is, however, understood, 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 portages 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 lakes and Hudson, through the Ohio and Susquehanna, or Potomac or James rivers, and through the Tennessee and Savannah riv- ers. An intelligent officer, with ten or twelve chosen men, fit for the enterprise, and willing to undertake it, taken frorn. our posts, where they may be spared without inconvenience, might explore the whole line, even to the western ocean ; have conferences with the natives on the subject of commercial intercourse ; get admission among them for our traders, as others are admitted ; agree on convenient deposites for an interchange of articles ; and return with the information acquired, in the course of two summers. Their arms and accoutrements, some instruments of observa- tion, and light and cheap presents for the Indians, would be all the apparatus they could carry, and with an expectation of a soldier's portion of land on their return, would constitute the whole expense. Their pay would be going on, whether here or there. While other civilized nations have encountered great expense to enlarge the boundaries of knowledge, by undertaking voyages of discovery, and for other literary purposes, in various parts and directions, our nation seem 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 principal object within the constitutional powers and care of Congress, and that it should inci- WASHINGTON 8 VETO MESSAGES. XXV11 dentally advance the geographical knowledge of our own continent, can not but be an additional gratification. The nation claiming the territory, regarding this as a literary pursuit, which it is in the habit of permitting within its own dominions, would not be disposed to view it with jealousy, oven if the expiring state of its interests there did not render it a matter of indifference. The appropriation of two thousand five hundred dollars, ' : for the purpose of extending the external commerce of the United States," while understood and considered by the executive as giving the legislative sanction, would cover the undertaking from notice, and prevent the obstructions which interested individuals might otherwise previously prepare in its way. VETO MESSAGES. (Omitted in their proper places.) WASHINGTON'S FIRST VETO MESSAGE. APRIL 5, 1792. Gentlemen of the House of Representatives : 1 HAVE maturely considered the act passed by the two houses, entitled ' An act for an apportionment of representatives among the several states, according to the first enumeration ;" and I return it to your house, wherein it originated, with the following objections : First. The constitution has prescribed that representatives shall be apportioned among the several states according to their respective num- bers ; and there is no one proportion or divisor, which, applied to the respective numbers o!' the states, will yield the number and allotment of rt-presentativcs proposed by the bill. Second. The constitution has also provided, that the number of repre- sentatives shall not exceed one for every thirty thousand; which restric- tion is, by the context, and by fair and obvious construction, to be applied to the separate and respective numbers of the states. And the bill has allotted to eight of the states more than one for every thirty thousand. WASHINGTON'S SECOND VETO MESSAGE. FEBRUARY 28, 1797. Gentlemen of the Hmisc 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 twenty-second day of this month, I now return it to the hou.se of representatives, in which it origin- ated, with my objections : First. If the bill passes into a law, the two companies of light dragoons will be found that moment legally out of service, though they will alter- xxviii MADISON'S VETO MESSAGE. ward continue actually in service ; and for their services during this inter- val, namely, from the time of legal, to the time of actual discharge, it will not be lawful to pay them, unless some future provisions be made by law. Though they may be discharged at the pleasure of Congress, in justice they ought to receive their pay, not only at the time of passing the law, but at least to the time of their actual discharge. Secondly. It will be inconvenient and injurious to the public to dismiss the light dragoons as soon as notice of the law can be conveyed to them, one of the companies having been lately destined to a necessary and important service. Thirdly. The companies of light dragoons consist of one hundred and twenty-six non-commissioned officers and privates, who are bound to serve as dismounted dragoons, when ordered so to do. They have received, in bounties, about two thousand dollars ; one of them is completely equipped ; and above half of the non-cOmmissioned officers and privates have yet to serve 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 cir- cumstances, to discharge the dragoons does not seem to comport with economy. Fourthly. It is generally agreed that some cavalry, 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 military establish- ment should be cavalry. MADISON'S VETO MESSAGE. MARCH 3, 1817. To the House of Representatives of the United States: HAVING considered the bill this day presented to me, entitled " An act to set apart and pledge certain funds for internal improvements," and which sets apart and pledges funds " for constructing roads and canals, and improving the navigation of water-courses, in order to facilitate, pro- mote, and give security to internal commerce among the several states, and to render more easy and less expensive the means and provisions for the- common defence," 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 enumer- ated in the eighth section of the first article of the constitution ; and it does not appear that the power proposed to be exercised by this bill is among the enumerated powers, or that it falls, by any just interpretation, within the power to make laws necessary and proper for carrying into execution those or other powers vested by the constitution in the govern- ment 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 naviga- I MADISON'S VETO MESSAGE. xxix tion of water-courses, in order to facilitate, promote, and secure such a commerce, without a latitude of construction, departing from the ordinary import of the terms, strengthened by the known inconveniences which doubtless led to the grant of this remedial power to Congress. To refer the power in question to the clause " to provide for the common defence and general welfare," would be contrary to the established and consistent rules of interpretation, as rendering the special and careful enumeration of powers which follow the clause nugatory and improper. Such a view of the constitution would have the effect of giving to Congress a general power of legislation, instead of the defined and limited one hitherto under- stood to belong to them ; thp terms " common defence and general wel- fare" embracing every object and act within the purview of a legislative trust. It would have the effect of subjecting both the constitution and laws of the several states, in all cases not specifically exempted, to be superseded by laws of Congress ; it being expressly declared, " that the constitution of the United States, and laws made JH pursuance thereof, shall be the supreme law of the land, and the judges of every state sh^ll be bound thereby, any thing in the constitution or laws of any state to the contrary notwithstanding." Such a view of the constitution, finally, would have the effect of excluding the judicial authority of the United States from its participation in guarding the boundary between the legis- lative powers of the general and of 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 defence and general welfare," to cases which are to be provided for by the expenditure of money, would still leave within the legislative power of Congress all the great and most important measures of government, money being the ordinary and necessary means of carrying them into execution. If a general power to construct roads and canals, and to improve the navigation of water-courses, with the train of powers incident thereto, be not possessed by Congress, the assent of the states, in the mode provided by the bill, can not confer the power. The only cases in winch the con- sent and cession of particular states can extend the power of Congress, are those specified and provided for in the constitution. I am not unaware of the great importance of roads and canals, and the improved navigation of water-courses, and that a power in the national legislature to provide for them, might be exercised with signal advantage to the general prosperity. But seeing that such a power is not expressly given by the constitution, and believing it can not be deduced from any part of it, without an inadmissible latitude of construction, and a reliance on insufficient precedents; believing, also, that the permanent success of the constitution depends on a definite partition of powers between the general and the state governments, and that no adequate landmarks would be left by the constructive extension of the powers of Congress, as pro- posed in the bill. 1 have no option but to withhold my signature from it, cherishing the hope that its beneficial object may be attained, by a resort, for the necessary powers, to the same wisdom and virtue in the nation which established the constitution in its actual form, and providently marked out, in the instrument itself, a safe and practicable mode of im- proving it, as experience might suggest. XIX JACKSON S LAND BILL VETO MESSAGE. JACKSON'S L A N D BILL VETO. DECEMBER 4. 1833. To the Senate of the United States : AT the close of the last session of Congress I received from that body a bill entitled " An act to appropriate for a limited time the proceeds of the sales of the public lands of the United States and for granting lands to certain states.'' The brief period then remaining before the rising of Congress, and the extreme pressure of official duties, unavoidable on such occasions, did not leave me sufficient time for that full consideration of the subject which was due to its great importance. Subsequent con- sideration and reflection have, however, confirmed the objections to the bill which presented themselves to my mind upon its first perusal, and have satisfied me that it ought not to become a law. I felt myself, there- fore, constrained to withhold from it my approval, and now return it to the senate, in which it originated, with the reasons on which my dissent is founded. I am fully sensible of the importance, as it respects both the harmony and union of the states, of making, as soon as circumstances will allow of it, a proper and final disposition of the whole subject of the public lands : and any measure for that object, providing for the reimbursement of the United States of those expenses with which they are justly charge- able, that may be consistent with my views of the constitution, sound policy, and the rights of the respective states, will readily receive my co- operation. This bill, however, is not of that character. The arrange- ment it contemplates is not permanent, but limited to five years only ; and in its terms appears to anticipate alterations within that time, at the dis- cretion of Congress ; and it furnishes no adequate security against those continued agitations of the subject which it should be the principal object of any measure for the disposition of the public lands to avert. - Neither the merits of the bill under consideration, nor the validity of the objections which I have felt it to be my duty to make to its passage, can be correctly appreciated without a full understanding of the manner in which the public lands upon which it is intended to operate, were acquired, and the conditions upon which they are now held by the United States. I will, therefore, precede the statement of those objections by a brief and distinct exposition of these points. The waste lands within the United States constituted one of the early obstacles to the organization of any government for the protection of their common interests. In' October, 1777, while Congress were ^framing the articles of confederation, a proposition was made to amend them to the following effect, viz : " That the United States in Congress assembled, shall have the sole and exclusive right and power to ascertain and fix the western boundary of such states as claim to the Mississippi or South sea, and lay out the land beyond the boundary so ascertained into separate and independent states, from time to time, as the numbers and circumstances of the people thereof may require." It was, however, rejected, Maryland only voting for it ; and so difficult did the subject appear, that the patriots of that body agreed to waive it in the articles of confederation, and leave it for future settlement. JACKSOX S LAND BILL VETO MESSAGE. XXXI On the submission of the articles to the several state legislatures for ratification, the most formidable objection was found to be in this subject of the waste lands. Maryland, Rhode Island, and New Jersey, instructed their delegates in Congress to move amendments to them, providing that the waste or crown lands should be considered the common property of the United States ; but they were rejected. All the states, except Mary- land, acceded to the articles, notwithstanding some of them did so with the reservation, that their claim to those lands, as common property, was not thereby abandoned. On the sole ground that no declaration to that effect was contained in the articles, Maryland withheld her assent, and in May, 1779, imbodied her objections in the form of instructions to her delegates, which were entered upon the journals of Congress. The following extracts are from that document, viz : "Is it possible that those states who are ambitiously grasping at terri- tories, to which in our judgment they have not the least shadow of exclu- sive right, will use with greater moderation the increase of wealth and power, derived from those territories, when acquired, than what they have displayed in their endeavors to acquire them ?" &c., John, biography of 95 elected vice-president ' 98 re-elected vice-president 98 elected president 99 his administration approved by Washington 100 retires from public life 100 supports Jefferson's adminis'tion. 100 chosen presidential elector 100 chosen member of state conv'tion. 100 death of Mrs. Adams 100 her character 101 death of Mr. Adams 101 personal appearance and char- acter 101 addresses and messages 103128 special messages (appendix) xx inaugural address 103 his opinjgn of Washington 105 his views of the constitution 104 his confidence in the people 106 his regard for the Christian re- ligion 106 his political principles Ill announces the death of Washing- ton (appendix) xxiii special message on the death of Washington. 124 transmits letter of Mrs. Wash- ington to Congress 125 administration of 129 inauguration of 129 cabinet 129 dismisses two cabinet officers. . . . 136 character of his administration. . 138 , Joint Quincy, biography of. . .563 appointed minister to Holland. ..566 " " Portugal... 566 " Prussia.... 566 Washington's testimony in favor of... 567 elected to U. S. senate ..56N votes in favor of the embargo . . .568 resigns as U. S. senator 568 disclosures respecting embargo and New Knglnnd federal- ists 262,263 appointed minister t Russia. 362, 5(JN enjoys the confidence of the em- peror 5fiH VOL. II. 55 Mams, John Quincy, promotes the mediation of Russia 569 appointed a commissioner at Ghent..... 362,569 his services in negotiating trea- ties of peace and commerce. . .570 appointed minister to G't Britain. 570 appointed secretary of state. 54 1,570 elected president of U. S. . .562, 572 inauguration of 649 administration of 649 " early opposition to. 650 addresses and messages 575-647 inaugural address 575 political views and principles... .577 proclamation respecting trade with British colonies 644 attack upon his private secretary .646 his remarks upon the death of John Adams and Jefferson. . . .606 character of his administration.. .669 elected to Congress 573 his congressional career 573 personal appearance anJ char- acter 574 ^idet, Mr., French minister to the U. S., presents colors of the re- public to U. S. government 89 appeals to the American people on election of president, 1796. . .92 MmintttratitM of Washington 79 John Adams 129 Jefferson 219 Madison 341 Monroe 54 1 John Quincy Adams 649 Jackson 96 1 Van Buren 115-7 Tyler 1393 Administrations successive 1547 Addresses- -see Inaugural Addresses Africa, U. S. establishment on the coast of (Liberia) 4S9 African squadron, Tyler's special message in relation to 1361 Afrirnri slave-trade see slave-trade. .izrirvltttrf, advancement of (Wash- ington) 34, 6fi connexion of with rommercp and manufactures (J. Q. Adams^...62l 1594 ANALYTICAL INDEX. Agriculture, connexion of with com- merce and manufactures( Jack- son) 704 prosperity of in U. S., from defi- ciency in European harvests. . .624 Alabama admitted to the Union. .1508, 551 Indians advised to emigrate 710 senators and representatives from 1536 synopsis of constitution 1572 Albany, congress at, in 1754 1508 Alexandria, British expedition against. 320 laid under contribution 368 Algiers, (Washington) treaty with 61, 65 (appendix) ix, xi president asks advice of senate (appendix) ix Portugal assists if. S. against (appendix) xiv treaty with and ransom of Amer- icans (appendix) xiv, xv (Jefferson) aggressions of, and relations with 208, 209, 215 (Madison) difficulties with 301 war with, recommmended 327 carried on by U. S. navy. . .377, 378 termination of war with 328 relations with 334 treaty with, by Com. Decatur. . .378 Alien and Sedition laws enacted 132 opposition to 133 Aliens, time of residence reduced to five years 230 Amelia Island taken by adventurers. .398 suppression of establishment at 406, 479 America, Central see Guatemala and Central America. South see South America. Spanish see Spanish America. American Flag (Madison), commer- cial abuses under 279, 283 act of Congress respecting ar- rangement of pars and stripes in 547 insulted by Spanish vessels 334 seamen should be exclusively employed in American vessels.. 327 Amistad schooner, correspondence with Chevalier d'Arguiz 1332 Anti-Federalists, origin of name and party 81 oppose Washington's adminis- tration 81 Anti-Masonic party, origin of. 988 Apportionment see ratio. Arbitration, U. S. propose to France to submit the subject of Amer- ican claims to 611 of king of the Netherlands, on N. E. boundary 620 result of the award of the king of the Netherlands not ac- cepted by U. S 756, 781, 1000 Arbuthnot and Ambrister, execution of. g92 Argentine republic, relations with the.... 867, 891, 1074, 1098, 1120 Arkansas admitted into the Union. < *9?| ( 1508 synopsis of the constitution 1574 senators and repre'tives from. . . 1537 Armistice proposed by U. S., . . . . 300, 357 " by Great Britain.. 301 " by Ad'l Warren.. 358 agreed to by Sir George Pre- vost and Gen. Dearborn 359 Armory (Madison) 284, 289 western (Monroe) 455 Arms, manufacture of, in U. States (J. Adams) 127 ammunition, exportation of to be prohibited (Jefferson) 179, 216 Armstrong, John, minister to France. 248 associated with James Bow- doin, as joint commissioner to Spain 248 collision with Mr. Bowdoin 249 his course as minister to France. 255 remonstrates against Berlin and Milan decrees 260 appointed secretary of war 361 resigns 374 Army (Washington) 62 ( J. Adams) 110 temporary, disbanded ( J. Ad- ams) ]26 augmentation of in 1798 131 not wanted in time of peace (Jef- ferson) 155, 160 augmentation of (Jefferson) 210 (Madron) $ 276 ' 301 302 > 309 n) ? 322, 347, 372, 374 successes of.. 316 services of officers and soldiers recommended to Congress in 1815 326 deficiency of clothing for 364 peace establishment 329, 555 (Monroe) 393, 400, 445, 454, 471 (J. Q. Adams) 585, 600, 603, 615, 626 " cavalry and artil- lery tactics 604 (Jackson^ $ 708 > 839 ' 87y Madison.. 379 constitutionality and expediency of questioned (Jackson) ...... 713 new one recommended .......... 713 recharter of bank of 1816 ques- tioned ..................... 753 objections to, repeated .......... 765 veto message (Jackson) ........ 767 United States deposites removed from ............. 837, 1014, 1016 pension a7*ncy ................ 842 conduct of directors censured.. . .875 seizure of dividends on public stock ....................... 875 mischief and dangers of. ........ 877 not necessary to fiscal operations of government .......... 877, 903 state hanks fully adequate to all services required ............. 877 bills no longer received in pay- ment of revenue ............. 901 effects of its operations on the public interest* .............. W2 part of a system of monopoly to be suppressed ................ t'02 Bank of the United States, reissue of notes under charter from Pennsylvania 935 operations of, and effects 956 action of Congress on 967 renewal of charter by Congress.. 992 bill vetoed by the president 993 reissue of notes under charter from Pennsylvania disapproved of (Van Buren) 1079 first veto message of Tyler 1244 second veto message of Tyler. . 1248 importance of regulating circu- lation T ." 1260 Tyler's exchequer plan 1261 fiscal, Mr. Ewing's plan 1401 passage of modified bill in Con- press 1404 vetoed by Tyler 1405 fiscal corporation passed 1407 vetoed by Tyler. 14 10 Mr. Botts's letter '. 1408 Bankrupt Lau; enacted in John Ad- ams's administration, 1800. . . . 135 repealed in Jefferson's adminis- tration 242 attempt to pass one 552, 556 recommended by J. Q. Adams. . .583 defeated in Congress 662 applicable to corporations (Van Buren) 1067 again agitated and defeated. . . . 1169 special message on (Tyler). ... 1243 passage of, 1841 1407 repeal of J 422 Banks, State, embarrassed condition of, 1819 417 United States deposites in 837 fully adequate to perform all ser- vices required of the United States bank by government. . . .877 small bills to be suppress- ed 877, 903,932 over-issues of paper by 932 preferable to U. States bank as deposite banks 933, 934 importation of specie by 934 public funds in 935 suspension of payment by 1051 separation of fiscal concerns of government from, recommend- ed by Van Buren 105h by Polk 1465 argument against banks as agents of government 1058 extravagant credit promoted by. 1128 evils from operations of. 1 135 remarks on, as public deposito- ries (Polk) 1465 Barbary States See Algiers, Moroc- co, Tripoli, and Tunis. Bnrbonr, Ph Hip P., elected speaker. . . 55> appointed judgeof supreme court l.Wi , Jamn, appointed secretary of war i.649 1596 ANALYTICAL INDEX. Sarbour, James, appointed minister to G. Britain 668 Barlow, Joel, appointed minister to France 345 his negotiations 346 his death 310 Barren, Commodore, his transactions in Tripoli 182 Barry, William T., appointed post- master-general 962 appointed minister to Spain. . . . 1020 vote of censure on by senate. . . 1023 his death 1023 Bayard, James Jl., his testimony on election of 1801 224 appointed commissioner to Ghent. 362 Belgium, treaty with 833 " disavowed by Belgi- an government.. 866 relations with 922, 1257, 1373 American claims on 922 Bell, John, elected speaker 1017 appointed secretary of war 1 192 resigns 1415 Benton, Thomas H., his proposal to amend United States constitu- tion 655 his report on executive patron- age 655 his expunging resolution. ..... .1024 Berlin and Milan Decrees 254, 255 revoked 281, 301 conditionally repealed 344 revived in 1811 344 finally revoked 355 Berrien, John M., appointed attor- ney-general 962 resigns. 985, 986 Bibb, George M., appointed secreta- tary of the treasury 1423 Bidwell, Mr., of Massachusetts, his resolutions in Congress 246 Biography of Washington 25 John Adams 95 Jefferson 139 Madison 267 Monroe 383 John Quincy Adams 563 Jackson 67 1 Van Buren 1029 Harrison 1171 Tyler 1211 Polk 1429 Birney, James G., abolition candidate for president 1169, 1427 popular vote for in 1844 1427 Blakely, Captain, captures two Brit- ish sloops-of-war 321, 369 Blockade See Berlin and Milan de- crees and orders in council, of the Chesapeake and Delaware 358 of the United States coast 358 Bolivar, General, suggests congress at Panama 656 PAG*. Bonaparte, Napoleon, first consul of France, directs Marbois to ne- gotiate for the cession of Lou- isiana to the United States ---- 234 See Napoleon Botts's, John M., letter respecting U. States bank ................ 1408 letter to Mr. Tyler ............ 1405 Boundary Question, northeastern (Washington) ................ 64 appendix ....................... ill (John Adams) ............ 114, 120 ( J. Q. Adams) ........ 609, 620, 645 698,734,735,756,781 828,865,889,922,1001 ., , >n '" 9 communication in relation to X. York customhouse 1277 C. Cabinet sre ministers, cabinet. Cabinets, ministers of successive.. ..1547 ! Calhoun, John C., appointed secre- tary of war 541 elected vice-president 56 1 decision in favor of altering rules of senate fi67 re-elected vice-president 667 position in relation to Jackson's administration 971 i resigns office of vice-president. . 1007 appointed secretary of stale 1423 Campbell, Geo. W., appointed secre- tary of the treasury 374 Canada, invasion by Gen. Hull 298 " Gen. Van Rens- selaer 299 American successes in 320 invasion in 1813 by Gen. Dear- born 364 events of the war in 364 insurrection in 1 163 special message of Tyler, in re- lation to invasion of. 1 252 transmission of mails through United States 1363 Canadian affairs 1092, 1095, 1118 Canal, Xew York, proposed from the Hudson to the lakes, recom- mended by Madison 291 Chesapeake and Ohio, a nation- al work (Monroe) 459 Canal company, Louisville and Port- land, bill relating to appro- priation for stock in, returned (Jackson) 735 Canals, surveys of, recommended .... 459 and roads, military, surveyed. . . .472 advantages of U. States for 530 great importance of 530 surveys of, reported 539 Canning, George, British minister, his course on American affairs. ...252 correspondence with Pinkney. . .260 Capitol, national, location of (ap.)..vi, xvi removal of the, to Washington city 123, 125/126, 137 Carolina, \orth, accedes to the Union . . 33 relations with Indians (appendix) . . .v senators and repres'tives from.. 1533 synopsis of constitution 1569 Carolina, South, claims for advances during the war 714 cedes forts to United States. .184 proclamation concerning (Jack- son) 794 progress of nullification in 1010 action on compromise tariff act. 1012 senators and repres'tives from.. 1534 synopsis of constitution 1569 Caroline, steamboat, case of 1254 correspondence in relation to. ..1290 Carondelet, Baron dc, grant to Mar- <|uis Mnison Rouge, in Lou- isiana 1283 Carrying trade of West Indies 730 C<7*, ifirw, appointed secretary of war 987 minister to France 1551 Catharine, schooner, seizure by Brit- ish on the const of Africa. ... 1321 Caucui, legislation by, commenced. ..244 democratic, for president. ...259, 260 congressional, democratic, nomi- nate Mr. Madison for re- election 35 twenty-first, 1st session, Jack- son's administration 967 " 2d " 981 twenty-second, 1st session, do do. 989 2d " ....1007 twenty-third, 1st session, do do.. 101> " 2d " 1019 twenty-fourth, 1st session, do do. 1020 2d " 1024 twenty-fifth, 1st session, Van Buren's administration 11(>0 2d " 1162 " 3d <; 1164 twenty-sixth, 1st session, do do.. 1165 " 2d " Ilb9 twenty-seventh, 1st session, Ty- ler's administration 140O " 2d " ...1420 " 3d " ...1421 twenty-eighth, 1st session, do do. 1422 " " 2d " 1427 of Panama 600, 655 " " results of 657 Connecticut, governor of refuses to place militia under U. States officers 300 senators and representatives from 1520 synopsis of constitution of 1563 Conscription net proposed, 1814 373 Conspiracies to dismember th^ Un- ion '...204, 20* Constellation, frigate, captures a French frigate 132 Constitution, frigate, successes of 360, 36'. 1600 ANALYTICAL INDEX Jackson's PAGE. Conttitution of the United States 9 amendments to 22 notes on 1-24 amended in 1789 and 1795. . . .82, 86 " 1804 240 amendments recommended by Monroe, for internal improve- ments 402, 534 principles of, stated 496, 500 powers not transferable by the states to the United States 534 importance of amending, so as" to vest power of internal im- provement in Congress 534 J. Q. Adams's view of powers and obligations under 593 J. Q. Adams's views in regard to acts of Congress and state le- gislatures 625 Benton's proposition to amend. ..655 Mc'Duffie's " " 655 ( 701, 744, 764, 789 I 841, 885, 912, 941 single term proposed by Jackson. 702 Jackson proposes that members of Congress be disqualified from appointment to office, in certain cases 702 appointments to office to be lim- ited to four years (Jackson). ..702 to be amenfted in doubtful cases (Jackson) 705 convention at Annapolis for forming 1501 list of delegates to Philadelphia convention for framing 1507 dates of ratification by thirteen original states 1507 Constitutions, State, adoption of first.. 1559 synopsis of. 1559, 1560 comparative view of. 1 580 Consular laws, revisal recommended (Jackson) 762 Consuls, laws respecting (Washington) . 37 " " (J. Adams).. 115 Contagious diseases (special message) 539 Continental Congress, duration of. ... 1499 history of. 1495 presidents of, 1774-88 1510 sessions of. 1510 members of 1511 Convention with France 581 of St. Petersburg 608 Harrisburg industrial 663 anti-masonic, at Philad., 1830.. 988 " at Baltimore, 1831, , 988, 989, 1004 national republican, at Balti- more, 1831 1004 democratic (Jackson) at Balti- more, 1 832 1004 " " 1836.. 1020 " " " 1840.. 1168 whig, at Harrisburg, 1839 . 1 166, 1 168 Convention at Baltimore, 1844 1425 democratic, at Baltimore, 1844.. 1425 Jackson's opinion in favor of democratic 1019 between United States and Mex- ico (Russian umpirage) 1284 with Mexico, and award by com- missioners 1303 with Peru (special message). . . 1350 of July, 1815, payment of import duties in violation of 1476 at Annapolis, for forming con- stitution 1501 Philadelphia, list of delegates to. 1507 Copyright Law, amendment of. 983 correspondence with British gov- ernment 1275 Court of inquiry in relation to con- duct of Jackson during Semi- nole war 976 supreme, of United States, list of chief-justices, associate-jus- tices, and attorneys-gen'l 1556 Crawford, Wm. H., elected president of senate 352 appointed minister to France. . . .374 " secretary of war 374 proposed for president, and de- feated in the nomination by Mr. Monroe 380, 381 appointed secretary of the treas- ury 541 candidate for president in 1824. .559 nominated by congressional cau- cus 561 defeated by election of Mr. Ad- ams ; 562 ' advocates recharter of U. S.'bank in 1811 965 Crawford party unite with friends of Jackson 659 Credit, bank, effects of, extension of..932 public (Washington) 35, 36 " (Madison) 281 " (Tyler) 1345 " advantages to, from a na- tional" bank 323 " revival of. 329,336 Credit system, effect of extension. . .1052 Creeks and Cherokees see Indian affairs. Criminal code, revision recommended . 335 Crittenden, John J., appointed attor- ney-general 1192 resigns. 1415 Crowninshield, Benj. W. } appointed secretary of navy 374 continued secretary of navy 541 Cuba and Porto Rico, invasion of, contemplated by Mexico and Colombia 636 Cumberland Road, survey of (Jeffer- son) 197 route of, described 209 approved of by Jefferson 248 ANALYTICAL INDEX 1601 Cumberland Road, importance and condition of (Monroe). < ,-q' -iL veto of bill for 49l! 557 Monroe's veto message on 491 continuation of (J. Q. Ad- ams).. 586, 616, 669 acccount of, and amount expend- ed on 523 (Jackson) amount of appropria- tions for, in twenty-three bills, to 1830 721 appropriations for, and acts to extend 983,994, 1013, 1163, Currency, uniform (Washington) 34 condition of, in 1815 (Madison). .329 benefits of uniform 330 treasury-notes 330 i importance of uniform 337 j condition of, in 1816 337 j (Monroe) 417 design of constitution to establish a currency of the precious metals (Jackson) 930 I consequences of a paper (Jack- son) 954 ; (Van Buren) remarks on j j^' ] J] 7 , I necessity of regulating (Tyler). 1260 classification of. 1311 See banks. Currency and exchange, state of. . . . 1260 Gushing, Caleb, appointed commis- sioner to China 1423 negotiates a treaty 1423 Customhouse investigation, answer to inquiries respecting powers, purposes, and objects 1266 Cuitomhou.it, New York, reports of Messrs. Kelly and Steuart. ... 1275 communication of B. F. Butler. 1277 supplemental report of W. M. Steuart 1283 Cyane and Levant, British ships of war, taken by U. S. frigate Constitution 369 D. Dallas, .Alexander J., appointed sec- retary of the treasury 374 recommends a national bank. ...376 Dallas, George M., presents memo- rial from U. S. bank for re- charter 992 elected vice-president 1427 j Davis, John W., elected speaker. . ..1513 j Dayton. Jonn., elected speaker... .89, 130 Daniih vessel, case of, in 1799 162 indemnity for commercial spoli- ation.. 733 claim., commission to examine. .832 D'Arguiz, Chevalier, Spanish minis- ter, letters respecting schooner \mistad 1332 Deaf and dumb asylum, appropria- tion for 661 Dearborn, Henry, appointed secretary of war 219 Debt, imprisonment for, execution of act for relief of persons im- prisoned (appendix) xxii to the U. S., release from, rec- ommended in certain cases (Jackson) 707 imprisonment for, by U. States, abolished ! 557, 1164 Debt,'Public (Washington)... $ JjJ'gg'gjj (John Adams) Ill, 115 reduction of (Jefferson). 159, 16J, 181 increase of, by purchase of Lou- isiana 165 reduction of 190, 203. 217 " " (Madison) 276,290 amount of, 1815 .330 reduction of. 337 (Monroe)... { JJ ; J0| increase of, by war of 1812 426 reduction of. 430 increase of. 440 redemption of. 445, 454, 470 condition of, in 1824 470 " " (J. Q. Ad- ams) 584, 600, 613, 623, 624 reduction of, in J. Q. Adams's administration 670 remarks on (Jackson) 704, 725 reduction of, in Jackson's admin- istration . '. 704, 725, 763, 875 extinction of, in Jackson's admin- istration 901, 925 loan 1259 new one contracted 1 462 Debts, State, amount of 1264 should be honorably redeemed. . 1264 states not bound for each other. .1264 Debtors, Government., act for relief of insolvent 983 lenient policy recommended. 707, 764 Decutur, Cotnm&lore, captures Brit- . ish frigate 304, 360 success against Algiers 328 captures an Aluerine frivratc .... 378 dictates terms of peace to the dey of Algiers 378 claims of his heirs, officers, and crew recommended (Jackson).7l4 Declaration of Iwlr/ienilence xiii noticed 1 496 signers of. . . .< 1515 Defalcation of Swartwout 1 101 Defalcations, act recommended to prevent 1102 amount of, by cov'mont officers. 112f> Defence, National, (J. Adams) 123 men (in res adopted by Congress, 1808 261 1602 ANALYTICAL INDEX. Defence, National, survey of coast, for 427,441 state of, in 1817 512 investigated by Monroe 542 Delaware breakwater 459, 669 synopsis of constitution 1566 senators and represent' ves from. 1529 Democratic Societies introduced in United States 85 debates on 87 Democratic party resolve on war with England 348 Democrats called republicans by Jef- ferson '. . 145 Denmark, depredations on American commerce (Madison) 282 C 208, 301, 679 relations with < 733, 757, 782 ( 832, 865, 890 claims on (J. Q. Adams). . .581, 622 (Jackson) 699 treaty with 596 Departments, executive and judicial, recommendation of enlarge- ment of ( J. Q. Adams) 592 Deposites, U. S., removal of 837, 1014 Deposite system, bank 837, 935 Deserters from U. States army 1485 Dexter, Samuel, appointed secretary of war 137 appointed sec'tary of the treasury . 137 Dicker son, Mahlon, of New Jersey, proposition to distribute sur- plus revenue 661 appointed secretary of navy. . . . 1018 resigns 1 163 Diplomatic ministers, compensation of. 3 4 intercourse, revision of laws rec- ommended 715 Distribution of Surplus Revenue, (Jef- ferson) 174 proposed by Mr. Dickerson, of New Jersey, in senate : 661 recommended by Jackson.. .705, 740 Drawback, system of, extended 668 Drummond, Gen., British command- er in Canada 367 Duane, William J., appointed secre- tary of the treasury 1015 refuses to remove public de- posites from U. States bank. .1015 removed from office by Presi- dent Jackson 1015 Duties, additional, on imports, exten- sion of time 319 on domestic manufactures, when appropriate 441 E. Eaton, John H., appointed secretary of war 962 resigns 985 appointed minister to Spain .... 1023 See Jackson. Eaton, General, his expedition to Tripoli 18C detail of his transactions. 182 Ecuador, treaty with 1257 ratification of treaty with 1 304 Education, national (Washington) .... 34 national (Madison). . .283, 332, 335 public, encouragement of (Jef- ferson) 191 Education, (Monroe) amendment of constitution recommended to encourage institutions of learn- ing 402 (J. Q. Adams) public land ap- propriated for 66 1 Ejectment suit recommended in or- der to test validity of grant in Louisiana by Baron de Caron- delet to Marquis de Maison Rouge 1283 Elections, contested, Tyler's rea- sons for not signing bill rela- ting to 1314 Ellmaker, Amos, nominated for vice- president 989 Embezzlement of public money 1392 Embargo see Restrictions Engineer corps, increase of. 938 England See Great Britain and British colonies. Epervier, British sloop-of-war, taken. .369 Erskine, Mr., British minister, his arrangement with U". States respecting orders in council. . .341 his acts disavowed and he re- called by British govern- ment 278,342 Essex, frigate, captured by the Brit- ish 321,369 European affairs, effect of, in United States 450 colonization on Am. continent in future, objected to by Uni- ted States (Monroe). 452, 453, 460 interference with independent states objected to (Monroe)460, 476 colonial system in America abol- ished, except by G. Britain. . . . 621 Eustis, William, appointed secretary of war 341 Ewing, Thomas, appointed secretary of the treasury 1192, 1395 report of, on fiscal bank of United States 1400 his letter to the president 1409 resigns 1415 Example of the United States to other nations 450 Exchequer plan proposed by Tyler. .1261 bill, notice of 1309 Excise Duty, (Washington) 4C appendix xi opposed 44, 51, 54, 55 insurrection in Pennsylvania 83 ANALYTICAL INDEX. 1603 Executive Patronage 635, 1202 interference with legislation. . . 1204 Expenditures, public, reduction of (Jefferson) 154 Experiment of a National Govern- ment successful (Washington) . . 68 ( J. Q. Adams) 576 Exploration of N. W. coast recom- mended by J. Q. Adams 591 Exploring Expedition, western, rec- ommended by Jefferson, (ap.) . .xxv results of 185, 189, 242 Fremont's, to the Rocky mount- ains, &c 1469 to the South seas 628, 689, 1 154 Exports should always exceed im- ports ( J. Q. Adams) 623 Exports and Imports, table of 1589 F. Falkland Islands, affair at 1004 Farewell Jddress (Washington). ..69, 91 reception by state legislatures 91 (Jackson) .' 947 Fast-day appointed by Madison, by recommendation of Congress. .357 recommended by Tyler 1232 Federal Party, origin of 81 Federalists, their course on the ces- sion of Louisiana '. .233, 238 in Congress protest against the war with Great Britain 356 support De Witt Clinton for president, 1812 357 cease opposition in Congress, 18 1 5.378 excluded from office by Monroe. .544 Finance, plan proposed by Tyler. ... 1261 Finances (Washington) . .36, 43, 45, 49, 59 (J.Adams).. Ill, 115, 120, 123, 127 (Jefferson^ $ 155 ' 159 > 164 } < 181,203, 217 /MnH;.nn\ $ 277 > 279 285 > 290 303 (Mad,son) | 310 ; sie) 322,329| 336 plan of Mr. Gallatin 363 course of administration on, em- barrassed condition of.. . .360, 363 /xr ^ <, 399, 403, 409, 417, 422 (Monroe). $ 439, 444 | 448 ; 454 ; 470 productive state of 448 unsettled accounts 448, 458 (J. Q. Adams) flourishing state of 583,600,613, 622 C 70-1, 763, 784, 785, 787 (Jack.srn)..< 835, 873, 874, 880, 899 (901,915, 924, 925,935 /v n x$ 107r >> 1092,1098, 1120 762 > 766 i.iffairs, (jacK-l 79()j 79]j g39; 87g 1 ' ( 908, 936, 999 (Van Buren).. 1086, 1105, 1123, 1152 (Tyler) 1258, 1304, 1339, 1381 (Polk) 1469, 1470, 1479 Indian depredations, defence against 34, 37 appendix i, xv excited by Spain, appendix x Winnebago tribe 615 Sacs and Foxes, (Black Hawk war) 999 See Florida and Seminoles. Indians, civilization of ( Washington)63, 64 baneful effects of intemperance on (Jefferson) 162 civilization of 174, 180, 218 (Madison) employed by Great Britain against the U. States.. 299 barbarous warfare of 313 war with Creek tribe of 313 distressed condition of, in Michi- gan 319 hostile tribes of, subdued, 1814.. 321 C 424 477 (Monroe) civilization of. i ^^' ;., ' ( Dot), >4y in Florida should be removed 446 removal of, to territory west of the Mississippi recommend- ed 477, 536, 537 treaty with Creeks and Chero- kees 482 (J. Q. Adams) treaties with. 585, 652 civilization of. 604, 653 Creeks in Georgia ask protection of United States 642 plan for removal of 652 relief to the Florida tribes 654 (Jackson) Creeks and Cherokees of Georgia advised to emigrate. 710 condition and destiny of ., .709 Seneca tribe of, affairs 709 discussion of policy of U. States toward 710 removal of 746, 938 (Van Buren) removal of, com- menced by Jefferson, 1804. .. 1086 removal of 1086, 1105, 1152 Industry, National, encouragement of (Washington) 34 J. Q. Adams's remarks on 624 connexion of agriculture, manu- factures, and commerce .624 See manufactures and protection. Ingersoll, Jared, nominated for vice- president 357 Ingham, Sam'l D., appointed secre- tary of the treasury 962 resigns 985 Insurrection in Pennsylvania 51, 54 suppressed 88 second do. suppressed 133 in Canada 1163 in Rhode Island 1350 Internal Improvements, Madison rec- ommends canal proposed by New York 291 recommended generally 332, 335 vetoes a bill for 382 appendix xxviii (Monroe) 394, 402, 447 amendment of constitution pro- posed to authorize 402, 447 national system of, considered unconstitutional 447 surveys and works in prog- ress 471,472 extension of, recommended 478 Cumberland road bill veto 491 Monroe's views as to the powers of Congress on 492 when considered constitutional. .520 when unconstitutional 520, 529 enumeration of roads opened .... 521 advantages of a national system of 530,531,533 not made under colonial govern- ments 530 surveys of canal routes for 539 importance of 539 sanctioned by Congress .... 539, 552 " by Monroe, after a change of his views 560 (J. Q. Adams) opinions on 579 subscription to Chesapeake and Delaware canal 584, 654 canals, roads, and harbors 586 Chesapeake and Ohio canal 586 importance of. 590 surveys of roads and canals. 603, 615 " of works in progress .... 627 " of various works 654 encouraged by Congress 658 appropriations for 661, 662, 668 (Jackson) veto of the Maysville road bill 719,976 debates in Congress on 977 views of the constitutional pow- ers of the federal govern't on.. 720 explanations of the president on signing Detroit and Chicago road bill 719 summary of views of Jefferson, Madison, and Monroe on 721 two millions and a half appro- priated for Cumberland road, in 23 bills 721 discussions and ( 765, 782, 788, 793 appropriations ^ 976,982,994,1013 (Van Buren) appropriations for.1163 (Tyler) improvement of harbors and rivers 1307, 1345, 1383 bills for appropriations ve- toed 1366, 1428 Inventions, encouragement of (Wash- ington) 34 revision of laws (J. Q. Adams).. 393 See patent office. ANALYTICAL INDEX. 1509 J. Jackson, jlndrew, biography of. . .671, 694 elected delegate to state conven- tion of Tennessee 674 elected first representative in Congress (house of rep'tives) from Tennessee 674 his vote on answer to Washing- ton's speech 675 elected to U. States senate 675 his duel with Dickinson 677 his connexion with the expedi- tion of Colonel Burr 677 | first named by Burr for presi- dent 678, 690 military career from 1812 to 1815 678, 690 appointed major-general in U. States army 682 . his victory at New Orleans 689 his advice to President Monroe, in selecting his cabinet 545 | Seminole war 549, 691, 692 investigation in Congress. ..550, 692 appointed governor of Florida. . .692 declines appointment of minister to Mexico 693 nominated for president, 1822,.. .693 elected to U. States senate 693 votes for protect! ve tariff of 1824.693 defeated at presidential election, 1825, 693 visited by La Fayette 693 inquiry in Congress, respecting the execution of six mifitiamen, ; by his orders 665 elected president in 1828... .667, C93 re-elected in 1832 69-1 inauguration of 961 administration 961 cabinet 962 his quarrel with vice-president Calhoun 971,983 dissolution of the " unit" cabinet 983 " causes of. 986 | Gen. Jackson's remarks on the subject 985 ; new cabinet formed 987 , addresses and messages 695-960 inaugural address 695 second inaugural address 826 farewell address 947 j retires to private life 694 i character of his administration. 1026 . death 694j personal appearance and charac- ter 694, Jackson, Francis Jamei, British min- iiter to United Stales 342 dispute with U. S. tjovernrnent.. .342 President Madison refuses to re- ceive communications from 278, 342 recalled by British government. .342 resolutions of Congress respecting 3 13 VOL. II. 56 Jails, prisoners in, Congress advised to make provision for mainte- nance of (appendix) xvii Java, British frigate, capture of 305 Jay, John, his treaty with Great Brit- ain noticed 61 jhicf-justice supreme court 82 special minister to Groat Britain.. 86 negotiates a treaty 86 Washington refuses to house of representatives copy of in- structions to, respecting treaty with Great Britain (app'dix). .xvii Jefferson, Thomas, biography of 139 appointed secretary of state. ..82, 144 his report on commercial rela- tions 85 opposes bank of U. States 1 44 resigns as secretary of state 85 organizes opposition to Washing- ton's administration 145 gives the opposition the name of republicans 145 character of, by Mr. Wirt 141 " by Mr. Webster.... 145 nominated for president 145 elected vice-president, 1797 145 " president, 1801, 145 re-elected president, 1804.. .145, 243 second inauguration 244 retires from public life, 1809 145 his extensive correspondence. . . . 145 sells his library to Congress 146 correction 1591 establishes university of Virginia 146 death 146 character and personal appear- ance 146 addresses and messages 149-218 inaugural address 149 second inaugural address 173 reasons for communicating with Congress by message 152, 229 policy recommended by 161 his farewell to Congress 217 administration of. 219 inauguration 219 cabinet 219 his course as to removals from office 220 his letter to citizens of New Ha- ven 220 withholds certain commissions signed by Mr. Adams 222 extracts from his letters, after the presidential election of 1801 222, 225 writes R. R. Livingston, on the cession of Louisiana 232 considers the annexation of Lou- isiana to the United States as unconstitutional 239 his administration opposed by certain Virginia democrats.. . .2 18 1610 ANALYTICAL INDEX. Jefferson^ Thomas, expresses a desire for permanent peace with G't Britain 249 rejects Monroe and Pinkney's treaty 251 justified by the democratic party. 251 complained of by Monroe and Pinkney 252 instructions to Mr. Monroe 253 recommends embargo 252 his remarks on embargo 259 declines a third election to the presidency, and retires 264 character and results of his ad- ministration ., 264 effects of his policy on army and navy ." 347 recommends western exploring expedition across the conti- nent (appendix) xxv system of removing the Indians commenced by 171, 1086 Johnson, Cave, appointed postmaster- general 1438 , Johnson, R. M., exploit of, in Canada 1 185 ! advocates non-imprisonment for debt by United States 557 cabinet pacificator 986 nominated for vice-president by democratic convention 1020 result of election by the people ; no choice of vice-president. ..1024 elected vice-president by the senate 1024 democratic convention of 1840 decline nominating a candi- date for vice-president 1 168 receives 48 votes for re-election against 246 for others 1 169 Jones, Capt. Jacob, captures British sloop-of-war Frolic". 304, 360 Jones, William, secretary of the navy 360 Jones, John W., elected speaker. . . . 1422 Jones, Captain Thomas Ap Catesby, seizes the town of Monterey, in California, without orders, for which he is recalled from the Pacific 1328 Judiciary (Washington) 37, 44 (J.Adams) 122, 126 act of 1801 passed 137 six circuits (three judges each) established 137 "midnight judges" appointed. ...137 revision of (Jefferson) 156 repeal of act of 1801 230 revision of (Madison) 336 " (Monroe) 476 " (J.Q.Adams) 618 bdl to amend lost 658 recommendation to revise and ex- tend (Jackson)..712, 765, 792, 913 (Van Buren) 1 125 K. Kendall, jlmos, appointed postmaster- general 1020, 1023 resigns H69 Kentucky applies for admission into the Union 35 forms a constitution 45 admitted into the Union 83 synopsis of constitution 1595 senators and representatives . . . 1538 King, Rufus, appointed minister to G. Britain 90 federal candidate for vice-presi- dent, 1804 and 1808 243, 260 " for president, 1816.381 his services in U. States senate in favor of commerce 558 his proposal in the senate for the emancipation of slaves by funds from sales of public lands 562 Kitchen cabinet, origin of the term.. .984 Knox, Henry, appointed secretary of war 82 resigns 87 L. Lands, Public, (Washington) 39, 42 (Jefferson) 155 proceeds of, appropriation for Education (Jefferson) 191 surveyed for soldiers' bounties. .353 (Monroe) extensive additions to.. 400 views of national policy respect- ing 400 large amounts due by purchasers. 423 relief to purchasers of 423, 560 credit system abolished, and price fixed at $1,25 per acre 552 proposition of Rufug King 562 (J. Q. Adams) 584, 618 cost of. 618 amount of purchases and sales. ..618 relief to purchasers 618, 630 appropriation of 659 appropriated for education 661 grants of, for internal improve- ments 662, 668 (Jackson) sales $ 704, 750, 763 of I 787, 900 payment to be made in specie. . .933 sold to actual settlers 933 discussion on, in senate 969 bill to reduce price of, referred to committee 993 report of committee in favor of a division of the proceeds from the sales for internal im- provement, &c 994 distribution of proceeds of, pro- posed 1012 Mr. Clay's bill 994, 1012, 1020 veto of, by Jackson 1012 appendix xxx (Van Buren) remarks on. 1080, 1107 ANALYTICAL INDEX. 1611 Lands, Piiblic, discrimination in re- gard to price of different qual- ities 1082 pre-emption (Van Buren) 1085 amounts paid Indian tribes for. .1107. proceeds of distribution of, how affected by tariff (Tyler) 1259 Tyler's reasons for not signing "bill ".1314 distribution bill passed 1419 (Tyler) remarks on. l'23fi, 1272, 1340 (Polk) " " 1467 Land Fund, pledge of, recom-$ 1273 mended (Tyler) ( 1312 Lands, Mineral, change in manage- ment of, recommended (Polk). 1468 La Fayette, invitation by Congress to visit United States 474 arrival and reception of. ... 474, 562 President Adams takes leave of. .654 death of 863, 887 " general orders on ac- count of 864 La Fayelte, Geo. Washington, pre- sents to Congress the declara- tion of independence engraved on copper 887 Langdon, John, elected president pro tern, of the senate 81 declines nomination for vice- president 356 Lawrence, Capt., captures a British sloop-of-war 309 Lawrence, Wm. B., his claim for out- fit as charge d'affaires at Lon- don refused by Jackson 717 Lead Mines, appointment of a super- intendent of, recommended . 447 Leavenworth, Col., suppresses Indi- an hostilities 455 Lee, Charles, appointed attorney-gen- eral 87 Legacy, Stnithsou's See Smithsoni- an legacy. Legare, Hus;h S., appointed attorney- general 1418 appointed acting sec'ry of state. . 1422 death and character of 1422 Leu-it and Clarke's Expedition to the Pacific 185, 189, 242 Jefferson's special message on, appendix xxv Lexington Turnpike See Maysville. Liberia, United States establishment on the coast of Africa 482 Licence*, Foreign, for American ves- sels, prohibition of, recom- mended i Mdion) 289 acceptance of, prohibited 302 Life of Washington 25 John Adams 95 Jefferson 139 Madison 2fi9 Monroe 383 Life of John Quincy Adams 563 Jackson 67 1 Van Buren 1029 Harrison 1171 Tyler 1211 Polk 1429 Lighthouse Establishment (Washing- ton), appendix xi (J. Q. Adams) 586 (Jackson) 736 bill making appropriation for, returned by Jackson at the next session after its passage. .735 Limitations, repeal of statute of, rec- ommended 945 Lincoln, Levi, attorney-general 219 Literature, encouragement of (Wash- ington) 34 Livingston, Edward, appointed secre- tary of state 987 appointed minister to France.. . 1014 Livingston, Robert R., appointed min- ister to France, James Monroe associated with him 233 and Monroe negotiate the treaty for purchase of Louisiana 234 Loans in Holland (Washing- ( 36, 40 ton) I 45, 49 from U. States bank -15, 49 for war with G. Britain 310, 322 of three millions, in 1820 423 negotiation of, in 1821 439 Locofocos, origin of the term 1398 Louisiana, cession of, by Spain to France (Jefferson) 158 purchase of 163 cost of purchase 165 treaty ratified ' 167 taken possession of by U. States. 168 limits undefined 170 government of, organized 171 importance of acquisition of 174 Sabine river assumed as bounda- ry of, with Spain 187 troops required for 188 particulars of the cession of, by France to United States.. 232, 239 treaty of cession of, ratified 240 admitted into the Union 362 land titles 606 appendix xxxiv Tyler's special message respect- ing the Maison Rouge claim for grant of land in 1283 senators and representatives. . . 1537 synopsis of constitution of. 1573, 1591 Louisville and Portland cnnal com- pany, bill authori/ing sub- scription to stock of, returned by Jackson without signing 735,977 M. MncDonough, Com., capture* British fleet on Lake Champlain. .321, 367 1612 ANALYTICAL INDEX. Macedonian, British frigate, capture of 304 Macon, Nathaniel, elected speak- er 229, 240, 246 president pro tern, of senate 654 Madison, James, biography of 267 his plan for a constitution 268 supports the United States con- stitution 268, 270 defeated in election for U. States senate 270 elected to house of representa- tives in 1st Congress 270 acts with the anti-federal party.. 271 resolutions on commercial rela- tions .271J elected to Virginia legislature .. .271 \ resolutions on states' rights 271 appointed secretary of state . 219, 271 ; instructions to John Armstrong. .260 nominated for president 260 elected president 260, 271 re-elected " 360 favors encouragement of manu- factures 272 changes his views on national bank 272 j addresses and messages 273, 340 j first inaugural address 273 ! second do. " 306 vetoes two bills respecting churches 285, 286 vetoes district court bill 292 ' " naturalization law 304 " United States bank 323 \ waives the question of constitu- tionality of U. S. bank 323 ! farewell to Congress 337; state of the country at the close of his administration 338 j administration of 341 inauguration of 341 second " 361 cabinet 341, 348 his efforts to conciliate France.. 345 his administration censured by federal party 345 policy on foreign relations 347 " changed by advice of Clay, Calhoun, &c 347 opposed to declaration of war with Great Britain 348 acquiesces finally in warlike measures 348 appoints a day of fasting and prayer on account of war 357 opposition to his administration by some of the democrats 375 embarrassing effects of do 375 changes his opinion on United States bank 379 retoes a bill for internal im- provement 382 his liberal views and policy 381 Madison, James, character of his ad- ministration 382 retires from public life 272 death 272 character and personal appear- ance 272 Madison Papers, publication recom- mended 942 authorized to be printed 1 163 Mails, transmission through United States to Canada 1363 Maine, invasion of by British. . .367, 369 state of, admitted into the Union 551, 1508 protests against award of king of the Netherlands 1000 imprisonment of citizens by Brit- ish authorities for participa- ting in state election 1001 senators and representatives. .. 1516 synopsis of the constitution. . . . 1560 Maine and N. Hampshire, boundary. 1275 Maine boundary question See boundary. Maison Rouge, Marquis de, grant from Baron de Carondelet. . . . 1283 Manufactures, encouragement of, (Washington) 34, 66 protection of (Jefferson). ...161, 191 prompted by embargo 216 by protection, duties, and prohibitions 216' encouragement and protection of (Madison) 276, 280, 283, 289, 319 increase of, by the war 317 protection and preservation of 326,331 depressed condition of, 1816 333 protective tariff of 1816 passed.. 379 protection of, ) 395, 402, 409, 418 (Monroe).. $ 440, 448, 458 excessive importation of foreign .417 depressed condition of 418, 551 advantages of the U. States for. . .440 effect of protection on revenue. . .441 condition of, in 1 822 448, 449 encouragement of 458 tariff act of 1824 passed 560 (J. Q. Adams) flourishing con- dition of 600 bill for protection of woollens defeated 662 convention at Harrisburg 663 (Jackson) remarks on protec- tion to 703, 786 Marbois, M. de, French minister, negotiates treaty for cession of Louisiana 234 Marcy, W. L., appointed secretary of war 1438 Marine hospitals on rivers and west- ern waters 1153, 1267 Marshall, John, appointed envoy to France 130 ANALYTICAL INDEX. 1613 Marshall, John, appointed secretary of state by J. Adams 137 appointed chief-justice of su- preme court by J. Adams .... 1556 Maryland, senators and representa- tives from 1529 synopsis of the constitution 1567 Mason, John ., appointed secretary of the navy 1423 appointed attorney-general 1438 Massachusetts, governor of refuses to place militia under U. States officers 3CO claim for militia services during war of 1812 462 special message on claims of .... 539 appropriation to pay militia 968 senators and representatives .... 1518 synopsis of constitution 1562 Maysville road bill, veto of, by Jack- son "...719, 976 Maysville and Rockville road com- panies, objections to 738 McDuffie, Mr., proposes amendments to the constitution 655 McHcnry, James, appointed secretary of war by Washington 87 continued by J. Adams 129 dismissed by " 136 McLnne, Louis, appointed minister to Great Britain 979 appointed secretary of the treas- ury ." 947 reports in favor of reduction of tariff 996 appointed secretary of state. ... 1015 resigns ". 10 1 8 again appointed minister to Eng- land 1551 McLean, John, appointed postmaster- general 542 continued 649 his course dm ins? Adams's admin- istration 661 appointed judge of the supreme court 962 declines being candidate for pres- idency in 1832 988 Me Lead, Jlex., case of 1253 acquittal of 1419 34, 37, 42 335, 591, 940 Mediation of Russia nrrvptcd 308 " Great Britain between France and U. States 919, 920 Mediterranean, commerce in (Wash- inston) 37 naval oprrations in (Jefferson). . .170 fund 190, 213 Meigs, Return J., appointed posttnas- ter-genernl .... 374 Meigs, Fort, defence of 1 183 Merchandise, i-JFWt of excessive im- portation 1 1 58 Measures and Weights ! Merchant vessels, American, inter- ference with by colonial au- thorities in West Indies 1290 j Merchants' bonds, Mr. Cheve's bill to remit, passed 361 Messages, annual, Jefferson's reasons for preferring that mode of communication at opening of Congress 152 See contents in each volume. Mexican relations with France 1079 war message 1485 indemnity See indemnity. Mexico, independence of, recog- nized 453, 577 commercial relations with 468 treaty witli 622 independence of 700 Mr. Poinsett recalled 700 f735, 760, 782, 867 relations with (891,922,946,1002 n " f 1074, 1095, 1119 I 1142, 1143, 1449 and U. States, umpirage of Rus- sia 1284 claims against 1296 convention with, and award of commissioners 1303 mission to United States 1303 despatches from minister (spe- cial message) 1384 Mexico and Texas, right of Congress to discuss affairs of. 1326 special message 1361, 1362 relations with 1374 Michigan and Ohio, controversy re- specting boundary 914 ! Michigan, destitute condition of the people of, 1814 318 authorized to elect a delegate to Congress 549 road from Detroit to Chicago, Jackson's explanation on sign- ing bill ....719 state of, admitted into the Union 1021, 1024, 1508 senators and representatives. .. 1542 synopsis of the constitution 1578 Milan decree see Berlin and Milan decrees. Military Academy, at West Point (Washington) 48, 66 (Jefferson). 211 (Madison) 281, 331 (Monroe) 445, 471 (J. Q. A'lams) 585, 616, 627 (Jackson) 708, 906, 938 (Van Buren) 1086 Military Establishment, corps of inva- lids (Madison) 331 posts established 410, 4 IS condition of 424, 445, 47 1 recommended at mouth of Co- lumbia -477 1614 ANALYTICAL INDEX. Military posts from Missouri to Pa- cific 1264 Military and naval force, increase of. 1477 Militia (Washington). .37, 41, 48, 62, 68 " (appendix). xxvii, i called out to suppress insurrec- tion 57, 83 ( J. Adams) notice of Ill , . . c 5 155, 160, 172, 179 I 191, 202, 210, 216 rMadison) 5276,279,280,284 I 302, 315, 335 large bodies of, called out, 1814.322 expenses of, incurred by the states 330 achievements during the war of 1812 331 acts respecting, proposed, 1814.. 373 (Monroe) 394, 400, 455 (J. Q. Adams) 604, 619 (Jackson) 708, 790, 907, 937 called out during the war with Great Britain discussion of Massachusetts claim for ser- vices and expenditures (Mon- roe) 463 special message respecting Mas- sachusetts claim 540 of Massachusetts, appropriation to pay 968 (Van Buren) notices of$ 1085 ' (Tyler) 1240, 1343 (Polk) " 1469 Mineral lands 1468 Ministers, Cabinet, (Wash'ton).82, 85, 87 (John Adams) 129, 136, 137 (Jefferson) 219 (Madison)... 341, 348, 361, 363, 374 (Monroe) 541 (J. Q. Adams) 649, 667 , T , , ( 962, 985, 987, 989 (Jackson) \ 1015,1018,1020 (Van Buren) 1158, 1169 (Harrison) 1 192 (Tyler) 1395, 1418, 1422, 1423 (Polk) 1438 list of 1547 Ministers to foreign countries, com- pensation of (Washington) 34, 1555 ] to Spanish America, first appoint- ed (Monroe) 453 revision of laws respecting them recommended 715 list of. 1551 Mint, (Washington).... 37, 42, 45, 59, 63 establishment of 82 coinage of gold at (Jackson) 878, 901 branch mints 901 Mississippi territory, organization of, recommended by J. Adams (appendix) xxi Mississippi, navigation of, secured by purchase of Louisiana. ....... 163 Mississippi, settlement of west side of, to be encouraged 188 river explored by Lieut. Pike.... 190 territory, Georgia claims 340 state of, admitted into the Union. 547 senators and representatives 1537 synopsis of constitution 1572 Missouri territory organized 353 river, military posts established on 410 state of, question of admission of, on account of slavery, agitated in Congress 551. 553, 554 admitted into the Union. ..554, 1508 boundary affairs of 946 senators and representatives 1542 synopsis of constitution 1578 Missouri, loss of steamship 1344 Mobile made a port of entry 170 bay, fortification at Dauphin's isJand 485 Monroe, James, biography of 383 opposes adoption of U. States constitution 385 elected to United States senate. .385 appointed minister to France. 87, 386 recalled by Gen. Washington. 91, 386 elected governor of Virginia 386 appointed special minister to France (associated with R. R. Livingston) 233, 386 with Livingston negotiates the Louisiana treaty 234, 386 his mission to Spain 387 associated with Win. Pinkney, as minister to England. . .249, 387 with Mr. P. negotiates a treaty with England, which is reject- ed by Mr. Jefferson 250, 387 this treaty compared with Jay's treaty 51 failure of attempt to renew nego- tiations 252 Monroe and Pinkney complain of Jefferson's course 252 returns to the U. States 253, 387 proposed as candidate for presi- dent 248, 387 differences between his friends and Madison's 248 differences reconciled by Mr. Jef- ferson 248 Virginia prefers Mr. Madison. . .387 again chosen governor of Vir- ginia 387 appointed secretary of state. 348, 387 " acting sec. of war. 374, 388 his proposition to augment the army 373, 388 his public services in the cabinet. 388 nominated and elected presi- dent 381,389 his liberal policy as president.. . .389 addresses and messages 391-540 ANALYTICAL INDEX. 1615 Monroe, James, inaugural address. . . .391 second inaugural address 426 inauguration of. 54 1 admi nistration of 54 1 cabinet 541 declines Gen. Jackson's advice in the formation of his cabi- net 389, 545 excludes federalists generally from office ." 389, 514 his tour through the northern states ." 389, 542 his tour through Virginia 549 " " the southern states. 550 re-elected president 390, 553 his liberal and enlightened pol- icy 389, 562 character of his administration. .562 retirement from office, and death. 390 personal appearance and char- acter 390 his views as to constitutional powers of Congress on inter- nal improvements 402, 492 his declaration respecting Eu- ropean colonization in America 452 his views as to European in- terference with independent American states 460 vetoes Cumberland road bill 49 1 invites a scrutiny of his accounts, and settlement of the same by Congress 535 changes his views on internal improvements 560 settlement of claim 983 Monterey, seizure of, by Capt. Thos. Ap Catesby Jones 1328 Morocco, treaty with.. 60, (appendix). ..xi relations with 167, 168, 924 ' " (appendix) xiv present from the emperor to pres- ident of United States 841 Morris, Gvurcnieur, recalled from France 87 employed by Washington as con- fidential agent in London (ap- pendix) vii approves of purchase of Louisiana 239 Morris, brig, special message in rela- tion to indemnity from Vene- zuela .' 1384 Muhlenburg, F. A., elected speak- er.. 81, 85, 1543 Mwcat, relations with 923 Imaum of, present to president..! 110 ' " special message 1359 N. Napltt, claims on 581 relations with 782 Napoleon Rowparte cedes Louisiana to the United .States 234 his views on the subject 231 Napoleon Bonaparte, his continental system 254 Berlin and Milan decrees.. .254, 255 Nashville, collection of duties at.... 983 National Republican parly, formation of 987 constituent parts of 987, 988 National convention, Whig, at Har- risburg ." 1 166 at Baltimore 1423 democratic... 1004, 1020, 1168, 1425 Naturalization Law, recommended by Washington 34 revision of, recommended by Jefferson 157 term of residence reduced to five years 230 law of 1812 vetoed by Madison.. 304 Naval establishment of 180 1 137 exploits during the wa/of 1812.. 360 force on the lakes reduced (Mon- roe) 397 school recommended (J. Q. Ad- ams) 589,617 service, message in relation to transfers (Tyler) 1348 Navigation, encouragement of( Wash- ington) 37 protection of (Madison) 283, 289 American seamen to be em- ployed 327 depressed state of, in U. States.. 333 caused by British colonial system. 334 alteration of la ws 434 act of 1815 explained 434 prohibition of British colonial vessels 552 measures to relieve 666 steam-vessels 840, 1471 Navy, notices of (Washington). . . .63,65 (John Adams)... .109, 117, 119, 127 department established 131 (Jefferson) 155, 160 dry dock at Washington pro- losed ^ 161 operations in Mediterranean 170 progress of, in 1*05 179 gunboats 179, 243, 244 complement of men in frigates. ..180 opposed by republican party 243 officers of, oppose gunboat sys- tem 244 (Madison)... 276, 279, 2*0, 289, 302 commencement of, on lakes 300 increase of, recommended to Congress 302 augmentation of, in progress 309 successes of 321 officers and men recommended.. .326 increa.se of 331, 348 system of impressment proposed for, by secretary of the nary.. 373 war with Algiers 377 Mediterranean squadron 377 1616 ANALYTICAL INDEX. , notlced ........ Navy (Monroe) vie ws( 393, 397, 400, 410 and condition? 418, 424, 442, 446 of .......... ( 456, 457, 473 charges against officers in the Pacific ...................... 536 ( J. Q. Adams) squadrons in ser- vice ........................ 587 condition of ...... 604, 617, 628, 629 dry docks ..................... 629 (Jackson) building of ships to be discontinued .............. 711 board to be dispensed with ...... 712 marine corps to be reorganized. .712 751, 764, 791, 840 881,909,939 (Van Buren). 1088, 1109, 1123/1154 coast survey ................. 1088 (Tyler) ...... 1264, 1307, 1343, 1381 (Polk) ...................... 1470 augmentation of. ........ 1472, 1477 Navy pension fund ................ 1240 Nelson, John, appointed attorney-gen- eral ................... '....1423 acting secretary of state ........ 1423 Netherlands, relations with (J. Q. Adams) .................... 596 king of, arbiter between United States and Great Britain on N. E. boundary question ...... 620 protest of Maine against his award ..................... 1000 relations with ...... .....1119, 1460 See Holland. Neutrality, rules of, for U. States (Washington) ............ ..... 47 (John Adams) ................ Ill (Jefferson) ................ 165, 170 (Madison) .................... 339 between Spain and colonies ..... 380 (Monroe) ................ 415, 416 policy of U. States on .......... 460 Neutral Rights of United States vio- lated (Jefferson) ............. 184 (Monroe) proposals for settling. .469 New England colonies, first union of, in 1643 ................... 1493 states, alleged attempt to sepa- rate from the Union .......... 291 British license to trade with ..... 305 New Hampshire, senators and repre- sentatives ................. 1516 synopsis of constitution ........ 1561 New Jersey, senators and representa- tives ...................... 1521 synopsis of constitution ........ 1565 New Orleans, (Jefferson) proposi- tions for purchasing right of deposite at .................. 163 defences of ................... 188 titles to certain lands at ........ 210 batture at ..................... 210 right of deposite at refused by Spanish authorities .......... 232 proposals for purchase of ...... '. 233 New Orleans, purchase of Louisi- ana 233, 239 battle of 369, 388 battle of, proposal in Congress to illustrate, by a painting for the capital 664 Newspapers, free transportation of, by mail recommended by Washington 45, 50 number and political character of, in U. States in 1789 133 should be free of postage (Jef- ferson) 154 New York, senators and represent's..!521 synopsis of constitution 1564 discovery of new channel into the harbor of. 1088 See Customhouse. Niles, John M., appointed postmas- ter-general 1169 Nominations See Caucus and Con- ventions. Non-importation Act, passage of 247 suspended, on recommendation of Jefferson 250 forfeitures under (Madison) 302 goods bonded under 345 merchants' bonds cancelled by Mr. Cheves's bill in Congress. 361 its enforcement recommended . . .318 partial repeal of advised 319 Non-intercourse Jlct (with Great Brit- ain and France), substituted for embargo 263 suspended 275, 342 renewed 277, 342 new act passed, 1810 343,345 with Hay ti 247 North Carolina See Carolina. Northeast Boundary See Boundary. Northern Frontier, outrages on. 1091, 1092 Norway, commercial relations with ..437 Nullification, discussion on, in United States senate 969 speeches of Hayne and Webster. .969 effect of Mr. Webster's speech.. .969 oriein and progress of the doc- trine of 969, 973 address on the tariff by S. Caro- lina delegation in Congress.. .996 effect of, in South Carolina 997 president's proclamation 794 special message on 808 action of Congress on 1008 progress of in several states .... 1009 events in S. Carolina 1010 termination of the controversy.. 1012 O. Observatory, astronomical, recom- mended by J. Q. Adams 591 Office, removals from, executive pow- er discussed 82 removals from, by Jefferson. 220, 963 ANALYTICAL INDEX. 1617 Office, removals from, by Jackson . . . .963 by other presidents 963 by Tyler 1396, 1420 appointments to, recommended to be limited to four years (Jackson) : 702 views on appointments to (Ty- ler) 1241 removal from, to be regulated by law 1265 applications for, by members of Congress, president refuses to give names 1269 Ohio, N. W. territory of (appendix) . . .xii river, appropriation for improving 662 See internal improvements, state of, admitted into the Union 231, 1508 right of toll on Cumberland road. 983 senators and representatives. ...15-10 synopsis of constitution 1576 Ohio and Michigan, controversy re- specting boundary 914 Oldenburs, commercial relations with 468 Orders in Council, British, 1807 255 Congress adopt resolutions against 261 arrangement of Mr. Erskine re- specting 275, 341 arrangement disavowed by the British government 277, 342 not repealed in February, 1812.. 351 repealed in June, 1812 301, 355 for special licenses 305 recommendation to prohibit trade under 305 Oregon, treaty with Russia respect- ing northwest coast of Amer- ica 468 military post on the Pacific, at mouth of the Columbia river, recommended by Monroe 477 exploration of coast recommended 477 " " (J.Q.Adams) 591 boundary of, with G't Britain. . .608 right to trade on N. \V. coast by U. States, refused by Russia (Van Buren) 1097 arbitration respecting boundary with Great Britain, proposed by United States 1117, 1142 chain of military posts to 1264 boundary of, and emigration to (Tyler) 1302 special messages on 1347, 1389 negotiations on boundary ques- tion 1371 title of U. States declared (Polk) 1 14U negotiations with G't Britain. < . .-'_ controversy with " 1478 Osgood, Samuel, appointed postmas- ter-general 1547 Ottoman Porte see Turkey. P. Pacific Ocean, exploring expedition to .591, 628, 669 See Oregon, and Columbia river. (appendix) xxv Panama, congress of American states proposed at 582, 655 invitation to send ministers ac- cepted by J. Q. Adams 582 meeting and results of 600, 612 confidential communication 631 special message on 632 copy of instructions to U. States minister communicated to Con- sress by J. Q. Adams 647 president's recommendation of, confirmed by Congress 657 result of 657 Parlies, political, in United State? 83 divisions and name* 83, 1396 state of, in third Congress 87 " fourth " 89 federalists and anti-federalists. . . .81 republicans or democrats. . . .83, 145 state of, in fifth Congress 130 " sixth " 135 " ninth " 216 " Congress, 1811 347 " " Dec., 1815.378 federalists cease acting as oppo- sition 378 Monroe's policy, and advice of Gen. Jackson to him 544 state of, in Congress, 1822. 1824 -j ^ 9 . ( Ou 1 opinions of J. Q. Adams on 577 state of, in 1825 650 combination of friends of Jack- son and Crawford 655 state of, in Jackson's adminis- trnt! , $ 965 > 96!> > 970 ' 977 > 987 " t 1004, 1019, 1024 state of, in Van Buren's ndm'n.1160 Washington's remarks on 73 Harrison's remarks on 1209 notice and review of successive, from 1815 to 1841 1396 Patent Office recommended by Wash- ington 34 recommended by Madison 339 " J. Q. Adams... .593 new law passed 1021 Patents, law in relation to 1025 Pauhlint, 1 , James K., appointed secre- tary of the navy 1 163 Peace to be preserved by preparation for war (Washington) 34 anxiety to preserve ( Washington) (appendix) xii the policy of the United States (Jefferson) 165 party organized 355 treaty of, with Grent Britain, communicated Feb., 1815 325 1618 ANALYTICAL INDEX. Peace treaty at Ghent 375 public rejoicings in consequence. 375 the policy of the U. S. (Monroe). 427 Peck, Judse, impeachment of 981 Penguin, British brig, taken by the U. S. sloop-of-war Hornet 369 j Penitentiary, compensation to keepers . 753 Pennsylvania, senators and rep'tives 1526 synopsis of constitution 1566 '< Pensions for revolutionary officers and soldiers recommended by Mon- roe 403 act passed 547 operation of (J.Q. Adams) < ' rie operation of suspended (Jackson) 709 revision of " 709 should be extended to soldiers of war of 1812 709 agents, appointment of. 876 Pensioners, appropriation for in valid. 983 Pension fund, navy 1240 People, occupations of 1558 Perry, Commodore, captures British fleet on Lake Erie 312 notice of death of 419 Peru, relations with 761, 783, 1374 convention with 1350 Peters, Judge, impeachment of 242 Philadelphia frigate lost on coast of Tripoli 169 pension to heirs of officers and crew recommended 714 Pickering, Timothy, appointed secre- tary of war by Washington 87 appointed secretary of state 87 " postmaster-gen'1..87, 1547 continued as secretary of state by J. Adams 129 dismissed by J. Adams 136 Pickering, Judge, impeachment of. ...241 Pike's expedition on the Mississippi. . 190 Pinckney, Charles Cotesworth, ap- pointed minister to France. .87, 91 notified to leave France. 91, 107, 129 his nesotiations in France (ap.)..xix nominated for vice-president 136 federal candidate for president, in 1804 243 " " in 1808.. 260 Pinckney, Thomas, resigns as minis- ter to Great Britain 90 candidate for president or vice- president 91 Pinckney, Charles, minister to Spain. .249 Pinkiiey, William, minister to Great Brit'n, associated with Monroe 249 correspondence with Canning.. .260 appointed attorney-general 348 Piracies, suppression of 442 in the West Indies j ; J Piratical establishments suppressed at Amelia island and Galveston 479 Pittsburg, collection of duties at 983 Platts burgh, defence of, 1814 321, 367 Pocket vetoes, origin of the term 995 Poindexter, Geo., chosen president of senate, pro tern 1019 Poinsett, Joel .R., appointed secretary of war 1 157 appointed minister to Mexico. . . 1554 recalled 700 Polk, James K., biography of. 1427 elected to Congress from Ten- nessee 1431 his congressional career. . 1431, 1435 elected speaker in 1835 and 1837 1020, 1160,1433 supports Van Buren for pres- ident in 1836 1435 declines a re-election to Congress 1435 elected governor of Tennessee. . 1435 nominated for vice-president of the U. States 1435 his opinions on the Texas and Oregon questions 1436 nominated for president of the U. States 1436 elected president 1436, 1437 inauguration 1437 personal appearance and charac- ter 1437 cabinet 1438 address and messages 1439 Population, progress of, 1790 1840.1557 Porter, Peter B., appointed secretary of war 668 Porter, James M., appointed secreta- ry of war 1423 rejected by the senate 1423 Porter, Captain, gallant exploit of, in the frigate Essex 321 suppresses piracy in the West Indies 456 Porto Rico, piracies at 456 Portugal, relations with, (appen- dix) vii, xiv convoys United States vessels, (appendix) vii, xiy checks Algerine corsairs, (ap- pendix) vii, xiv relations with 439, 597, 699 revolution in 460 depredations on American com- merce 735 indemnity from 782 relations with. ...759, 889, 922, 1073 Postoffices and postroads( Washington). 34 See postoffice department. Postojfice department (Monroe), no- tices of. 457,474 ( J. Q. Adams) 589, 606, 629 (Jackon) $ 712 ' 751 > 764 > 791 " I 840,881,910,939 censure on Mr. Barry 1023 ANALYTICAL INDEX. 1619 Postoffice department, notices of (Van Buren) 1088, 1110, 1124, 1154 (Tyler) 1265, 1308, 1381 Pre-emption-rights bill passed 1 163 Presidency, one term recommended.. .764 Presidential elections See table 1544 first, Washington 79 second, " 84 third, J. Adams 92 fourth, Jefferson 136, 138 fifth, " 243 sixth, Madison 259 seventh, " 360 eighth, Monroe 381 ninth, " 553 tenth, J. Q. Adams 561, 562 eleventh, Jackson 667 twelfth, " 1007 thirteenth, Van Buren 1024 fourteenth, Harrison 1169 fifteenth, Polk 1427 .Presidential election of 1801, contest in Congress 223 proposal to amend constitution. ..701 single term proposed by Jackson. 702 Presidents of the senate, list of, from 1789 to 1845 1590 duties of, defined by rules 667 President, frigate, taken by British. ..369 President and vice-president, mode of electing 791, 841, 912 Press, licentiousness of (Jefierson). ..175 Prevost, Sir George, British com- mander in Canada 367 his attack on Plattsburgh 367 Privateers, commissions issued by John Adams, (appendix) xxiii foreign, treated as pirates (Jef- ferson) 178 American, success of 365 suppressed by French governm't. .453 efforts of U. States to suppress. ..453 Proclamation of Harrison for extra session 1210 of Jackson on nullification 794 of Tyler on Canada invasion.. ..1252 See table of contents in each vol. Protection to national industry (see manufactures, tariff, &.c.) (Jefferson) 156, 161, 191,216 (Madison) 319,331 advocated by Clay, Calhoun, and Lowndes 379 i j i if < 395, 402 recommended by Monroe \ tnQ ' ... { m/y, 4*i 1 question agitated in Con- gress 552, 556, 557 public opinion on, in 1X27 664 president Adams takes no notice of, in 1827 664 recommended by J. Q. Adams in his fourth annual message 624 discussed by J. Q. Adams in his fourth annual message 668 Protection to national industry, Jack- son's views of. 370 Protective tariff See tariff. Protest (Jackson) against resolution of censure by senate 843 of Maine against award of the king of the Netherlands 1000 of Tyler against resolutions of house of representatives on tariff 1297 Provinces, British, imprisonment of citizens of Maine for participa- tion in state election 1001 Provost, Mr., U. S. agent in Peru, charges against 536 Prussia, treaty with (J. Q. Adams).. 126 relations with (Monroe) 468 (J. Q. Adams) 597 relations with (Jackson). ..865, 890, (Polk) 1459 Public accounts, reform in keeping recommended 764 Debt see debt, public. Lands see lands, public. Q. Quarantine establishment (J. Adams). 117 (Jefferson) 177 Quintuple treaty, information re- quested by senate in relation to (Tyler) 1318 copy requested by Congress. . . . 1279 R. Randolph, Edmund, attorney-general. .82 secretary of state 85 resigns 87 Randolph, John, insulted by an officer of the United States ; commu- nication to Congress by J. Adams, appendix xxiv opposes Jefferson's administra- tion 246 Ratio of Representation, 1790 83 1800 230 1810 353 1820 556 1830 990 1840 1420, 1279 Reciprocity in trade insisted on (Jef- fi-rson) 153 art of British parliament 158 refused by Great Britain 334 navigation act, result of (Mon- roe) 433, 434, 435, 437 in commerce invited by IT. States in various treaties and acts of Consress 468 partially accepted by certain F.u- ropran nations (J. Q. Adams).. 580 Red River, exploration of, by Mr. Freeman 189 Rerd, Silas, case of 138S Regency, Albany, origin of the term. 1037 1620 ANALYTICAL INDEX. Removal from office, executive power discussed 82 under Jackson's administra- tion 963 Representatives and senators in Con- gress to March, 1840 1516 Republican Party, origin of 83 name given by Jefferson to op- position to Washington's ad- ministration 145 Resources of United States, develop- ment of 423, 432 Restrictions on Trade and Commerce: Embargo of 1794, militia called out to enforce (Washington) appendix xii various other measures to en- force, recommended, appendix, .xii recommended (Jefferson) 204 effects of on foreign nations 213 " on United States. .214, 262 votes in Congress on 256 opposed by the federal party. . . . 256 public opinion on 256, 262 predicted by Napoleon 257 unsuccessful attempt to repeal.. .261 operation and effects of. 258 Mr. Jefferson's remarks on 259 repeal of 263 recommended by Madison, 1812.. 292 " " " July, 1813.311 " " " Dec. 1813.318 suspension of, recommended, 1814. 3 19 act passed, 1812 353 " enacted and repealed, 1814.. 366 See non-intercourse and non-im- portation. Revenue-cutter veto message 1390 Revenue, state of (Washington) 44 surplus, distribution of (Jeffer- son) 174 application of 191, 203 " to internal improve- ments, education, &c 217 condition of, in 1817 (Monroe). .403 deficiency of in 1821 430 decrease of 440 condition of 444, 445, 470 deficiency of, from protection, should be made up by duties on domestic articles protected. .441 surplus, appropriation of 470 (J. Q. Adams) state of. I f^ 6 ^ frauds on 602 Mr. Dickerson's proposition to distribute surplus among the states 661 (Jackson) reduction of credits on duties recommended 706 warehouse system recommend- ed 706 revision of laws as to smug- gling .\.706 Revenue, surplus, distribution of, among the states recommended . 70u frauds on 707 surplus, distribution of 740 service, organization of 750 distribution act passed and ap- proved by Jackson 924 surplus 925 Jackson changes his opinion on . .929 condition of 1 267 deficiency of 1268 Revolutionary army, provision for surviving officers and soldiers recommended by Mr. Monroe . 403 act passed by Congress 547 (J. Q. Adams) operation of act 587, 604, 618 appropriation for, defeated. .658, 603 appropriation for in Adams's ad- ministration 670 (Jackson) revision of pension law.708 Rhode Island rebellion 1350 ' accedes to constitution of U. S.. 1507 senators and representatives 1520 synopsis of constitution 1562 Riall, General, British commander in Canada 367 Right of search 1 255 Ripley, Gen., military operations of ..367 Road, Cumberland See Cumberland road. Roads, survey of 472 importance of national 530 Rodger s, Capt., destroys a Tripolitan corvette 168 his encounter with a British frigate 287 his services against the pirates. ..456 Rodney, Caesar A., attorney-gen- eral ^341, 1556 Rose, Mr., special minister from Eng- land on the Chesapeake affair. 258 Ross, Gen., his successful attack on Washington city 368 his defeat "at Baltimore 368 killed in battle at " 368 Rush, Richard, appointed attorney- general 374 appointed secretary of state 649 his report in favor of the protec- tive system 664 candidate for vice-president. . . . 667 Russell, Jona., charge d'affairs to G. Britain 351 his correspondence 351 leaves England 357 appointed commissioner to Ghent 366 appointed minister to Sweden .... 374 Russia, relations with (Madi- son) 288,301, 308 mediation of, accepted 308, 362 declined by Great Britain 362 (Monroe) mediation on article of treaty of Ghent. . . .421, 437, 444 ANALYTICAL INDEX. 1621 Riusia, negotiations with, as to the northwest boundary 452 " northwest coast. 468 ( J. Q. Adams) relations with. 595, 612 intervention with Spain respect- ing independence of South America 595 takes the part of the Greeks. 6 12, 619 acquiesces in Monroe's declara- tion respecting colonization in America 636 relations with (Jack-< 699, 733, 782 son) I 830, 865 relations with( Van Buren) 1013, 1072 umpirage between U. States and Mexico (Tyler) 1284 Sabine river assumed as the boundary between U. States and Spanish territories (Jefferson) 186, 187 Saint Dominso, renewal of commer- cial intercourse with 122 Saint Lawrence, navigation of, nego- tiations respecting it 452 Salt, repeal of duties on, recommended 190 Sandwich islands, independence of. . 1316 Sardinia, comm'cial relations with . < . . .Q Science and literature, national uni- versity (Washington) 34 Scott, Gen. Winfield, his success in Canada 320, 367 candidate for president at whig convention, 1839 1 168 his name withdrawn in favor of Harrison 1168 Secret Service Money, spec, message. 1481 See Henry, John. Sedgwick, Theodore, elected speaker. 135 Sedition and *>ilien Laws enacted 132 opposition to 133 discussion of sedition act, as to constitutionality, in senate. .. .555 attempt to refund fines under se- dition law, defeated 662 Seminole War, in Florida, causes of < - , incidents of. 691, 692 t 550 inquiry in Congress, respecting < Indians, act in relation to 1164 Senators and representatives in Con- gress, to March, 1847 1516 Service sword of Washington, special message in relation to vote of thanks for presentation to Con- gress 1346 Sesiions of continental congress. ... 1510 of federal congress 1543 Siam, relations with 923 Sicilian indemnity 866 Sicily, relations with 759, 833, 889 Silk, culture of, encouraged 659 Slavery in the District of Columbia.. 1049 Slaves, emancipatkm of, proposed by RufusKingin the U. S. senate. 562 Slave-Trade, suppression of (Jefler- son) 190 violation of laws respecting (Madison) 283, 336 suppression of ( 419, 425, 442, 453 (Monroe)... 457,467,474 considered as piracy 453 suppression of 481, 547 U. States establishment in Africa 482 suppression of (J. Q. Adams). . .588 effectual abolition of, proposed to Congress at Panama 636 messase respecting 121 Africans landed at Key West, Florida.. 647 . . r . < 968 appropriations for suppressing < . . - - { 11 oo information requested by senate in relation to quintuple treaty. 1318 special message (Polk) 1474 communication from Brazil 1458 Smith, Robert, Secretary of the Navy.220 secretary of state 34 1 Smithsonian Legacy, receipts and in- vestments of 1112 " " specific application, recommended 1266 Pres. of senate pro tern 1192 Smuggling, laws against, violated (Madison) ". 299 of British goods, 1813 318 South America, civil war in (Mon- roe) 408 independence of Spanish Pro- vinces 403 mediation of allied powers 40S independence of 415 relations with independent states of 468 mission to, first proposed by Mr. Clay 549 relations with (J. Q. Adams) 000 condition of. 012 " (Jackson). 300, S33, 807 891, 922 " (Van Buren). 1074, 1143 " (Tyler) 133S Southard, Samuel L., Secretary of Navy 661, 1549 South Carolina see Carolina. Spain, relations with (Washing- ( 51, 65 ton) I 88 appendix viii, x, ziv hostile expedition against the territory of, by citizens of U. S. and measures taken to suppress the same (Washington) appen. ziii relations with (J. Adams) " zz \\u . 113, 119, 120 .*.,..{* ' '*; attempt to invade territories of, luppreased H 1622 ANALYTICAL I.NDEX. Spain, decree of, against neu- ( 201, 211 trals '. i 257 difficulties with 232 cedes Louisiana to France 232 renounces opposition to cession of Louisiana by France to U. S. . 23G report in Congress in 1SOG on ag- gressions of. 246 j negotiations with 249 i Florida boundary question (Madison) 282, 3SO ' relations with 334, 3SO insult to American flag by armed vessels of. 334 relations with (Mon- ( 397, 405, 412 roe) I 4-20,480 Seminole war 405 commercial claims on 412 treaty with 412,429, 550 delay in ratifying 412 cession of Florida 412 civil war with colonies 415, 484 Amelia Island affair 480 treaty of 1819 carried into ef- fect 437, 555 claims of American citizens in. .439 board of commissioners organized. 439 j U. S. minister to, interrupted on his passage by a French vessel. 454 revolution in 400 relations with (J. Q. Adams). . . .597 " (Jackson) $ 699 734 ' 75S ' 7S1 '$831,865,890, 922 " (Van Buren) 1073 " (Polk) 1459 Spanish America, success of revolu- tionists announced by presi- dent to Congress 422 offer of Spain to settle differences.422 neutrality of U. S 428 success of patriots of 439 independence of, desired by U. S. . 439 recognition of, by U. S 449, 483 neutrality of U. S 449 piracies occasioned by the war in. 44 9 independence achieved 475 " of, acknowledged by Congress 555, 557 republics of, relations with 582 Congress at Panama proposed. . . . 582 Speakers of the House of Represen- tatives of the U. S. list of. . . 1543 election of see Congress sessions. Specie, prohibition of export of ad- vised 319 Specie circular issued by Jackson .... 1022 application to President Van Bu- ren to rescind f 1159 Speeches to Congress, discontinued by Jefferson 152 Spencer, John C., appointed sec. of war 1418 " appointed sec. of treas. . . 1422 " resigns 1423 State Department, to be re-organized (Jackson) 713 State Rights, doctrine of, argued by Monroe 493 articles of confederation, sum- mary of powers under 494 origin of 499 See Nullification Steam navigation 540 Steamer Caroline see Caroline. Steamers, Atlantic 1382 between Havre and New York. .1361 Steamship Missouri, loss of 1344 Steuart, W. M., report on N. Y. Cus- tom House ; . 1283 Stevenson, Andrew, elected speaker. 064 re-elected 967, 989, 1010 resigns as speaker 1017 nominated minister toG. Britain 1017 rejected by senate 1017 again nominated and confirmed. 1018 Stewart, Capt., takes two British ships of war 309 charges against, while on the Pa- cific Ocean 530 Stockton &. Stokes vs. Postmaster Gen.l 110 Stoddert, Benj., sec. of the navy 129 Stoning ton, Conn., defence of 368 Sublime Port see Turkey. Sub-Treasury 1077, 1100, 1149, 1237 report on and its passage by sen- ate " 1161 Clay's resolution to repeal reject- ed by senate See Independent Treasury Sugar, refined, bill passed for addi- tional drawback on 668 Supreme court of U. S 1556 Surplus Revenue see revenue. Surveys. See coast survey, internal improvement, harbors, canals, and roads Sweden, relations with (Madison) > ^ (Monroe) 467 (J. Q. Adams) 597,611 (Jackson) 758, 865, 890 Synopsis of the state constitutions . . 1559 T. Tallmadge, James, his course in the New York Legislature causes the defeat of the Crawford party in 1824 561 Tallmadge, Nathaniel P., (Senator from New York), his letter to John Tyler on the Bank ques- tion 1411 Taney, Roger B. , appointed attorney general 987 appointed secretary of the trea- sury 1015 removes the public deposits from U. S. bank 1018 nomination rejected by the Senate 1017 appointed chief justice of the supreme court 1023 ANALYTICAL INDEX. 1623 Tariff, on Imports adopted by 1st Congress 52 protective, (Madison) 253, 331 " of 1316 adopted 379 44 advocated by Calhoun, Clay, Lowndes, and others. . . .370 " of 1824 adopted (Monroe). . 560 44 effects on importations (J. Q. Adams) 623 44 advocated 625 revision of, in 1823 666 made a political question in Con- gress. 666 view of a protective (Jack- son) 703, 965 modification of, J 703, 741, 763, recommended. . . . { 785, S36 revision of, in 1832 995, 996 opposition to, in S. Carolina 996 Mr. Verplanck's bill to modify, ,100s Mr. Clay's compromise bill passed 1011 views of a protec- C 1259, 1272, 1303 tive (Tyler).... { 1306, 1341 act of 1841 passed 1419 two bills vetoed by Tyler 1420 act of 1342 passed. 1420 first veto message 12SO second ditto 1281 views of protection and revenue (Polk) 1444, 1462 (see manufactures and protection) Taxes, Direct bills passed by 1st and 2d Congress (Washing- ton) 82,83 opposition to, in Pennsylvania.. ..S3 assessment and collection of (John Adams) 121 opposition to, in Pennsylva- nia ".121, 134 repeal of, recommended (Jeffer- son) 154 recommended for war expenses (Madison) 310 increased in 1314 373 continued in 1 X 15 377 reduced in 1816 378 repeal of, recommended in 1817 (Monroe) 403 repealed 546 required for revenue in 1821. ...430 Taylor, John W., elected speaker. 553, 654 Tea and Coffee, reduction of duties on, proposed by Jackson 704 Tennessee, admitted into the Union. . .90 relation with Indians, appendix.v, xv M aators and representatives. . . . 1537 synopsis of constitution 1574 Texas, neutrality of the U. S. in C ,-. difficulties with Mexico < ',., (Jackson) ( annexation to the U. S. desired by Texas 922 special messenger in relation to. .942 acknowledgment of Indo- C 942 pendenccof. { 1163 Texas, treaty with (Van Buren) 1098 Mr. Preston, of S. C., proposes in Senate the annexation of but the resolutions were not adopt- ed 1163 proposals for annexation declined by U. S 1095 boundary line with, marked 1119 relations with ( 1257, 1274, 1303 (Tyler) { 1336, 1374, ^4 treaty of annexation 1354, 1423 rejected by the Senate 1423 special messages on 1359, 1360 1361, 1362, 13u3 joint resolution of annexation by Congress recommended 1373 debate in the Senate on annexa- tion M24 annexation becomes a purty question 1 121 presidential election affected bv it '.1125 joint resolutions of annexation adopted in Congress 1 127 admitted into the Union 15'i3 senators and representatives from 1512 synopsis of Constitution 157'.' Thames, battle of ! !<> Thompson, Smith, appointed secre- tary of the navy r> U " judge of supreme court. . . 1 5 r vi Tippecanoe, battle of 290, 1 1 7s Tobacco trade, efforts to extend Ill) I Toll, right of, granted to Ohio, on Jsational Road 9S3 Tompkins, Daniel D., proposed for president 38 1 nominated and elected vice-pre- sident 391 re-elected vice-president 552 Tonnage, duty on foreign vessels. . . .433 bill rejected 663 increase of. 7$0 duty on French vessels 1 3.V) Trafalgar battle, effects of 254 Treasury, department established 82 building, burning of M36 independent, see Sub-Treasury, embarrassments of. .363, 36*1, 1270 public money outstanding 7uti revision of collection laws re- commended 706 laws against frauds imperfect. . . .707 reduction of offices recommended. 7uS (see Finances.) Treasury .Votes, issue (361,363,36(3 of ) 1162,1109 circulating medium (Madison).. .3.10 depreciation of, in 1*14 360 Treaties noticed : with Morocco ami Algiers 60,01, SS, appendix xiv with Great Britain (Juy') 61, t?y 14 Spain :>->, appendix xx 44 Indian tribes (Washington) appendix i, it, ni, iv, xv 1624 ANALYTICAL INDEX Treaties, copy of instructions to Mr. Jay refused by Washington to House of Rep. appendix xvii with Spain (J. Adams) 113 " Prussia 120 ' Indian tribes (Jefferson) 1*37, 180 " France (Louisiana) 163, 177 Tripoli 169 " French Republic cession of Louisiana 240 " Great Britain (Monroe and Pinkney's) 250 rejection of by Jefferson 251 effects of the rejection. . ., . .251, 252 excitement occasioned thereby.. 251 compared with Jay's treaty 251 of peace with Great Britain, 1815, (Madison) 325 with Algiers, 1815 378 commercial with Great Britain ratified 379, 550 with Spain (Monroe) j JJ12, 429 " France 443,558 " Russia, (N. W. coast) 468 " Sweden 467 " Creek and Cherokee in- dians 4S2 " Colombia (J. Q.Adams) 582, 641 " Indian tribes 585 " Denmark 596 " Central America 597 Mexico 622 Indian tribes 652 Brazil 669 Austria (Jackson) 699, 1003 Belgium (Jackson)... .833, 1013 Chili 783, 1013 Brazil 700, 981 Portugal 782 Denmark 699, 733,981 Morocco 924 Prussia 981 Turkey 732, 981, 1003 Choctavv Indians 983 France 757, 1002 Mexico 1002 Naples 1003 Russia 1013 Muscat (Van Buren) 1074 Siam 1074 Bolivia 1074, 1098 Mexico 1095, 1119, 1 143 Texas 1098 Greece 1098 Sardinia 1119 Netherlands 1119 Central America 1120 Ecuador 1120 Belgium 1142 Hanover 1142 Portugal -.1142 Brazil 1143 Chili ....1143 Great Britain, N. E. Bound- ary (Tyler) 1290, 1421 Treaties with Portugal 1233 " Belgium 1257, 1373 " Ecuador 1257, 1304 " Peru 1258, 1350, 1374 " Mexico 1303 " German Union 1335,1373 " China 1387,1423 " Texas 1334,1423 " Venezuela 1 374, 1384 " Prussia (Polk) 1459 Tripoli, hostilities with 153, 16S relations with 158 Gen. Eaton's expedition. . . . 180, 1S2 treaty with 179 case of Hamet Caramalli 182 war with closed 243 relations with 323 Troup, Governor of Georgia, his course on the questions of Creeks and Cherokees 652 Trumbull, Jonathan, elected Speaker 83, 1543 Tunis, affairs with (Jefferson) j ? r (Madison) 282, 328 Turkey, relations with { j; f; ^ commission to 732 treaty with 733 Tyler, John, biography of 1211 elected to the Virginia Legisla- ture 1213 acts with the Democratic party. 1213 captain of a volunteer company during the war of 1812 1213 elected to the Executive Council. 12] 3 elected to Congress (House of R.) 1214 his course in that body 1214 elected governor of Virignia. . . . 1215 elected to the U. S. Senate 1216 advocates Crawford for president.1217 approves of Mr. Clay's course in voting for Adams as president.1217 opposes Adams's administration. 121 9 supports Jackson's 1219 opposes re-charter of U. S. bank and internal improvement by U. S. government 1219, 1220 sympathises with the nullifiers of S. Carolina 1220 re-elected to the Senate 1220 opposes the administration of General Jackson, after the re- moval of the deposites from U. S. bank 1220 elected president of the Senate . 1223 resigns his seat, in consequence of certain instructions from the legislature of Virginia 1224 nominated for vice-president, 1835 1226 elected by the whigs a delegate to the Harrisburg convention in 1839 1227 advocates the nomination of Mr. Clay 1227 ANALYTICAL INDEX. 1625 Cyler, J. is placed on the Whig ticket (with General Harrison) for vice-president 1227 causes of his nomination 1227 elected vice-president 1227 his accession to the presidency by the death of Harrison ..1227-1393 i administration 1393 i inaugural address 1229 addresses and messages. . . 1229-1392 retains Harrison's cabinet 1395 i his awkward position as presi- dent 1413; dissolution of his cabinet, in con- sequence of his course in op- posing Whig .measures at the extra session of Congress 1415 j is denounced by the Whig party in Congress 1417 loses the confidence of both par- ties 1421 supported by political adven- turers 1421, 1426 course of the Democratic leaders towards him 1412 Mr. Van Buren's remarks on the subject of his bank vetoes. ... 1-1 12 refuses to furnish to the House of Representatives the names of members of Congress apply- ing for office ". . 1269 j protests against certain proceed- ings in Congress 1297 ' ,. j . ( 1244, 1248, 12SO bills vetoed by. . . J 1284> 136G> 13QO ; pocket vetoes 1314, 142S last act of his administration . . . 1428 j character of his administration. . 1423 ; personal appearance and cha- racter 1228 ' nominated for election as pre- sident, by his friends, in 1844.1420 accepts the nomination, but finally withdraws, and appeals to posterity 1426 ' U. Univertity, National, (Washing- ton) 35,66 (Jefferson) 191 (Madison) 233,332,335 t (J. Q. Adams) 590-1 Upshur, Abel P. appointed secretary of the navy 1418 appointed secretary of state 1423 death of 1423 Union of the States promoted by extension (Jefferson) 174 conspiracies to dismember. . .20-1, 2U5 promoted by extension C 410, 461 (Monroe) " \ extraordinary progress of I 1 ' 1 American, historical sketch of. 1493 tales admitted into the 1508 VOL. II. 57 V. l r an Suren, Martin, biography of. .1029 commencement of his political life 1031,1033 elected to the Senate of N.York 1034 supports Dewitt Clinton for pre- sident 103."> supports the war with G. Britain 1035 advocates internal improvement 103.' his course in N. Y. politics . ...103:' his course in presidential nomi- nation of 1S16 1030 Albany Regency organized .... 1037 elected to Senate of if. S 1038 " member of state conven- tion to revise constitution. . . . 103S advocates Mr. Crawford for the presidency in 13231 1040 opposes Mr. Adams's administra- tion .- 104C advocates election of Gen. Jack- son in 1S23 1040 elected governor of New York. . 1040 resigns, on being appointed by Gen. Jackson secretarv of state ." 1041 resigns as secretary of state .... 104 1 appointed minister to G. Britain 10-11 his nomination rejected by the senate^ 1041 nominated for vice president and elected 1041 returns from England, and is in- augurated vice president 1042 elected president of the U.S. . . 1012 administration 1157 inauguration 1157 cabinet 1 157 inaugural address 104.') address and messages .... 1045-1 1 55 character of his administration. 11 70 nominated for re-election to the presidency 1012, 11GS defeated by the election of Gen. Harrison 1042 retires to private life at Linden- wold 1042 his opinion of Mr. Tyler's bank vetoes 1412 is a candidate for the presidency at the democratic convention, 1944 104.1 loses the nomination by the Tex- as question 1043 personal appearance and charac- ter : 1043 Van Rensselaer, Gen., action with the British at Queenston 300 Varnum Joseph B. elected speak- er 255,341 f'e toes by President i of U. S. (Washington) apportionment bill appendix xrri " reduction of army, ib 1626 ANALYTICAL INDEX. Vetoes of the Presidents of U. S. (Madison) church \n Alexandria. 2S5 " in Mississippi . . 2S6 district courts 292 (retained) naturaliza- tion law 304 bank U. S 323 internal improvements, appendix xxviii (Monroe) Cumberland road bill. .491 (Jackson) Maysville road bill. . . . 719 " Bank of U. S 767 " harbors and rivers 793 " (retained) Wabasa river.SS2 " Washington Turnpike co 977 " (retained) lighthouses, &c 735, 977 " (retained) Louisville and Portland canal co.735, 977 " (retained) harbor bill... 995 " " interest to the states 995 " adjournment of con- gress 1021 " (retained) funds receiv- able for U. S. revenue. ...10:25 " (retained) Clay's Land bill, appendix xxx Tyler, fiscal bank of U. S 1244 " fiscal corporation 1248 first tarifi bill 1280 " second do 1284 " reasons for approving ap- portionment bill 1279 " ^retained) repealing sixth section of public land bill 1314 " (retained) regulating con- tested elections 1314 " eastern harbor bill 1366 " revenue cutter bill 1390 " (retained) harbors and rivers 1428 Vermont, admitted into the Union.S3,15U8 senators and representatives. . . . 1517 synopsis of the constitution.... 1561 Vessels captured during war with G. Britain, on each side. . .' 377 Veto, pocket, origin of the term 995 examples ( 304, 735, 832, 977, 995, of { 1012, 1025, 1314, 142S Virginia democrats, a portion of, op- pose Jeil'erson's administration. 248 senators and representatives from ...............1531 state of, synopsis of constitution 1567 Volunteer military force recommend- ed (Madison) 280, 302 W. Wabash river, bill to improve, vetoed by Jackson 882 Walker Robt. J. appointed secretary of the Treasury 1433 War, to be prepared for, the means of preserving peace (Wash'gton)34 with Great Britain threatened, appendix xiii prospects of, from the critical state of the country, in 1797, appendix xx) preparation for, with France. 117, lly preparations for, with G. Britain recommended by Madison 2S8 with Gt. Britain recommended by Madison 293, 353 a democratic measure 348 political causes of. 348 declaration of reported 353 majorities on adopting in congress 354 copy of the act 354 president issues his proclamation 354 spirit of the American people, 303, 322 with Great Britain, vigorous pro- secution of recommended 309 advantages of to the U. S 317 British manner of conducting. . .322 preparation for, in time of peace. 326 with Algiers recommended 327 successful termination of 328 continued for the grievance of impressment alone 359 effects of, on the people 364 measures adopted by congress.. . .366 prosecuted with vigor and zeal, in 1814 366 preparations for continuance, in 1814 37v> effects, advantages and disadvan- tages of 376 summary of results of 377 expenditures, losses, &c 377 with Algiers'." 377, 378 with G. Britain, cost of 426 War department, established S2 Madison recommends additional offices in 293 War message, Mexican 1485 Warehouse system, recommended by Jackson 706 (Tyler) 1305 Warren, Admiral, arrives in the Chesapeake 358 proposes an armistice 35S Warrington Capt. captures a Br'tish sloop of war 321, 369 his services in suppressing pi- racy 588 acting secretary of the navy.... 1423 Washington, George, biography of. ..25 elected President of U. S 28 re-elected " 29,84 retires from Presidency 29 death 29 character and personal appear- ance 30 speeches and messages of. 31-78 ANALYTICAL INDEX. 1627 Washington, inaugural address, 1759.. 31 1793 54 special messages, appendix i declines pecuniary compensation.. 33 proclamation of neutrality 46 " respecting Pensyl- variia insurrection 51 second " " 51 farewell address 69 his policy with foreign nations. GO, Gl congratulates Congress on the success of the experiment of a national government 65 administration of 79 inauguration at New York SO appoints his cabinet 82 tour through Eastern States 62 ratifies Jay's treaty S7 his private character assailed S5 reply to Mr. Adet, on presenta- tion of French colors SO character of his administration.. . .93 refuses to the House of Repre- sentatives, copy of instructions to Mr. Jay. . . ." 90 appendix xvii declines a re-election 91 appointed commander-in-chief of the provisional army, in 179S 132 his last visit to Philadelphia 133 death of, announced to Congress.. 133 appendix xxiii sympathy of Congress expressed to Mrs. Washington, appendix xxiv his remains, desired by Congress, to be interred at the Capitol, appendix xxiv action of Congress, on monu- ment to 137 monument to, recommended (J. Q Adams) 593 his sword presented to Congress. 1346 Washington, Mrs., letter to President Adams, on death of Gen. Wash- ington 1 25 Washington City, laid out 10 public buildings, commenced at, appendix v. ; liberal grants of lands to U. S., appendix xvi removal of seat of government, to 123, 125, 120, 137 taken by the British, in 1S14, 320, 36b rebuilding of public edifices 403 advantages as a metropolis 403 improvement of, recommenda- tion 477 Washington, treaty of... 1290, 1329. 1421 WaD. t . S. sloop-of-Wdr, success of, 321,369 Wayne, Gen., success of, against In- dians 59 campaign and treaty S (J Webster, Daniel, discussion in Senate on nullification 969 appointed secretary of state, 1192, 1395 his letters on remaining / in Ty- ler's cabinet 1409, 1416 resigns 1422 president's special message in relation to his expenditures while' secretary of state 1481 Weights and Measure*, uniformity in (Washington) 34, 37, 42 standard of (Madison) 335 (J. Q. Adams) 591 (Jackson) 940 West Indies, refusal of British gov- ernment to open the ports of... 416 restrictions continued in 1S20....421 see Great Britian. IVest Point .Military Academy, (Washington). . '. ..43, 08 (Jefferson) 211 (Madison) 2^4, 331 (Monroe) 1 15, 451, 471 (J. Q. Adams) 5^5, 616, 627 (Jackson) 70S, 90G, 93S (Van Buren) 10S6 Whig party, origin of 1396 see conventions. see parties. \Vhiskey insurrection 51,51, 63 suppression of. 57 cost of. . . .87 White, Hugh L., candidate for presi- dent, 1S3G 1019 president of the Senate pro tern. 1007 White, John, elected speaker.. 1400 Wilkinson, Gin., court of inquiry on 204 charges against 206 Wines, duties on, reduced 667 Wirt, William, appointed attorney- general 54 1 continued " 640 Wickliffc, Charles A. .appointed post- master general 1413. 1550 Wilkins, William, appointed secre- tary of war 1 123 Wolcott, Oliver, appointed secretary of treasury, by Washington. .. .87 continued, by J." Adams 129 resigns 13* Woodbury, Led, appointed secre- tary of the navy 9S7 secretary of the treasury,.! 01 S, 1157 " justice of supreme court. ..1556 Y. York (now Toronto), Upper Canada, taken by U. States troops un- der Gen. Dearborn 309, 364 /. Zo/M'trrin, Gorman, negotiations with 1335 irentv with, rejected 1373 1776. A FAITHFUL CHRONICLE OF THE WAR OF AMERICAN INDEPENDENCE. To every true-hearted American, this is a most welcome and invaluable -work ; It is the voice of our Fathers calling upon us to gnard most sacredly the precious boon of Freedom, to purchase and secure which, they offered upon their Country's altar, their lives, their fortunes, and their sacred honor. OPINIONS OF THE PRESS. " To THE YOUTH OF MY BELOVED COUNTRY. " Having carefully read and critically examined this work just published, entitled ' The War of Independence,' I am enabled to give my opinion of the merits of the same, which I do most cheerfully, in conformity with the author's request ; although I am conscious that my judgment on a subject of this kind is of less value than that of many others of more experience than myself, a& critics or historians. " The peculiar merits of this work appear to me to consist chiefly in its admi- rable arrangement in chronological order, and the author confining himself strictly to the subject of the Revolution, from its incipient stages to the final termination of the contest, and the permanent settlement of our national government by the adoption of the Constitution, enabling him to present in detail a greater variety of important and interesting facts than are to be found in any other compendium of the kind. If any fault is to found on this head, it is perhaps in the overcrowding of the narrative of events in the closing chap- ters, to which condensation the limited number of pages of the work compelled him to conform. " Of the performance of that portion of the task, which belonged to him as an artist, it becomes not me to speak, having no claims to the character of n con- noisseur in the arts, but I may be permitted to say that the gem-nil arrange- ment and execution of the engravings display originality, judgment, and ta.*te, IM appears to me, and I think the public, will concur with me in plucing thia look before any other illustrated work on the Revolution yet published. 2 Critical Notices of " 1776." " With regard to the tone and spirit of the volume, the felicity of the style of narrative and reflections, and the great care taken to insure accuracy, as is shown by the author's frequent reference to the best authorities, I am confi- dent that he is entitled to the reputation of a competent and faithful historian. "With my best 'wishes for the general circulation of this valuable work among you " I remain yours, "EDWIN WILLIAMS." From the Knickerbocker Magazine, August, 1847. " The enterprising and patriotic-spirited publisher of this exceedingly beaut' ful volume will surely find that he has not misjudged, in believing that ' a boot in one volume, well written, and embracing a faithful chronicle of events whic'a accomplished the laying of the foundation-stone of this great republic, woult be invaluable to the present and future generations.' He has certainly sparec no expense in the preparation of the work. AH the engravings were expressly made for it ; and we would invite particular attention to the appendix, which contains documents and information that the present generation are but slightly familiar with ; while the work, in its general mechanical appearance, will be found well worthy the patronage of the American people. The volume begins with the period of the union of the colonies against the French, and ends with the inauguration of WASHINGTON. Its numerous engravings, by Mr. Benson J. Lossing, reflect great credit upon the skill and care of that capable artist ; as does the entire work, indeed, alike -upon editor, publisher, illustrate, and binder. Its extensive sale must soon become a ' fixed fact.' " From the Merchants' Magazine, September, 1847. " Mr. Lossing, the compiler of the present volume, is an engraver of more chan ordinary skill, possessing a correct literary taste, and is, withal, a chaste and graceful writer. In the preparation of the work, his aim seems to have been to give a concise, yet complete and comprehensive narrative of the lead- ing events of the American Revolution, than which no subject is of more general interest to the American people. As far as we are competent to judge, he seems to have accomplished successfully all that he proposed, having grouped succinctly the more important facts and circumstances connected with the rise, progress, and termination of the war, and presented them in a popular and attractive form. The facilities afforded by previous works, and recent biographies of the men who figured more or less conspicuously in the events of that memorable period, seem to have been diligently consulted, and the materials thus furnished, used with discrimination. The numerous pictorial illustrations are handsomely executed ; and we have seldom seen a work, so far as its typographical appearance was concerned, more generally attractive. The type and paper on which it is printed, the binding, and, indeed, the entire manner of the ' getting up,' reflect great credit on the taste and enterprise of Mr. Walker, the publisher." From the Nero York Express. " This history of the American Revolution, comprised in a handsome octavo folume of over 500 pages, is a valuable contribution \6 this branch of our lite- rature, as we are here presented, in a condensed and cheap form, with the most important and interesting portion of our national history. The ponderous volumes of Gordon, Andrews, Marshall, and other writers, containing the details of our revolutionary history, are accessible to only a small portion of modern readers; while the imperfections of such histories as Botta's, Ramsay's, and others, are so well known as to prevent a general reliance on them for authority. It will be admitted, therefore, we think, that a concise popular narrative of our Revolutionary War, embracing clear and connected details of the causes and events of tha* momentous period, is a desideratum 114 PULTON- STREET, NEW- YORK. Tt The New York liookbtadery. E3"~ This old establishment is chiefly devoted to the finer and more cosMy styles of Boole Binding, in TITJtSKf MO- ROCCO, RUSSIA., ENGLISH, FRENCH a"'l AttERICAIT CALF, ami especially those unique and economical half Call and half Morocco styles. In all cases the very beat of Slock and workmanship, with T*SNOTB and BEAcrr combined, may be relied upon. LARGE ILLUSTRATED WORKS, BOOKS OF ENGRAVINGS, SCRAP BOOKS, ALBUMS, PORTFOLIOS AND MUSIC, BOUND WITH GREAT CARE AND STRENGTH, OT PLAIN AND ELEGANT STYLES. 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