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+The Project Gutenberg EBook of A Compilation of the Messages and Papers of
+the Presidents, by James D. Richardson
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: A Compilation of the Messages and Papers of the Presidents
+       Section 2 (of 2) of Volume 3: Martin Van Buren
+
+Author: James D. Richardson
+
+Release Date: February 11, 2004 [EBook #11034]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK MARTIN VAN BUREN ***
+
+
+
+
+Produced by Juliet Sutherland, David Garcia and the Online Distributed
+Proofreading Team.
+
+
+
+
+
+A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS
+
+BY JAMES D. RICHARDSON
+
+
+
+Martin Van Buren
+
+March 4, 1837, to March 4, 1841
+
+
+
+
+Martin Van Buren
+
+Martin Van Buren was born in Kinderhook, Columbia County, N.Y., December
+5, 1782. He was the eldest son of Abraham Van Buren, a small farmer, and
+of Mary Hoes (originally spelled Goes), whose first husband was named
+Van Alen. He studied the rudiments of English and Latin in the schools
+of his native village. At the age of 14 years commenced reading law in
+the office of Francis Sylvester, and pursued his legal novitiate for
+seven years. Combining with his professional studies a fondness
+for extemporaneous debate, he was early noted for his intelligent
+observation of public events and for his interest in politics; was
+chosen to participate in a nominating convention when only 18 years old.
+In 1802 went to New York City and studied law with William P. Van Ness,
+a friend of Aaron Burr; was admitted to the bar in 1803, returned to
+Kinderhook, and associated himself in practice with his half-brother,
+James I. Van Alen. He was a zealous adherent of Jefferson, and supported
+Morgan Lewis for governor of New York in 1803 against Aaron Burr. In
+February, 1807, he married Hannah Hoes, a distant kinswoman. In the
+winter of 1806-7 removed to Hudson, the county seat of Columbia County,
+and in the same year was admitted to practice in the supreme court.
+In 1807 supported Daniel D. Tompkins for governor against Morgan Lewis,
+the latter having come to be considered less true than the former to
+the measures of Jefferson. In 1808 became surrogate of Columbia County,
+displacing his halt-brother and partner, who belonged to the defeated
+faction. In 1813, on a change of party predominance at Albany, his
+half-brother was restored to the office. Early in 1811 he figured in the
+councils of his party at a convention held in Albany, when the proposed
+recharter of the United States Bank was the leading question of Federal
+politics. Though Albert Gallatin, Secretary of the Treasury, had
+recommended a recharter, the predominant sentiment of the Republican
+party was adverse to the measure. Van Buren shared in this hostility,
+and publicly lauded the "Spartan firmness" of George Clinton when as
+Vice-President he gave his casting vote in the United States Senate
+against the bank bill, February 20, 1811. In 1812 was elected to the
+senate of New York from the middle district as a Clinton Republican,
+defeating Edward P. Livingston; took his seat in November of that year,
+and became thereby a member of the court of errors, then composed of
+senators in connection with the chancellor and the supreme court. As
+senator he strenuously opposed the charter of "The Bank of America,"
+which was then seeking to establish itself in New York and to take the
+place of the United States Bank. Though counted among the adherents
+of Madison's Administration, and though committed to the policy of
+declaring war against Great Britain, he sided with the Republican
+members of the New York legislature in 1812, and supported De Witt
+Clinton for the Presidency. In the following year, however, he dissolved
+his political relations with Clinton and resumed the _entente
+cordiale_ with Madison's Administration. In 1815, while still a
+member of the senate, was appointed attorney-general of the State,
+superseding the venerable Abraham Van Vechten. In 1816 was reelected to
+the State senate, and, removing to Albany, formed a partnership with his
+life-long friend, Benjamin F. Butler. In the same year was appointed
+a regent of the University of New York. Supported De Witt Clinton for
+governor of New York in 1817, but opposed his reelection in 1820. In
+1819 was removed from the office of attorney-general. February 6, 1821,
+was elected United States Senator. In the same year was chosen from
+Otsego County as a member of the convention to revise the constitution
+of the State. Took his seat in the United States Senate December 3,
+1821, and was at once made a member of its Committees on the Judiciary
+and Finance. For many years was chairman of the former. Supported
+William H. Crawford for the Presidency in 1824. Was reelected to the
+Senate in 1827, but soon resigned his seat to accept the office of
+governor of New York, to which he was elected in 1828. Was a zealous
+supporter of Andrew Jackson in the Presidential election of 1828, and in
+1829 became premier of the new Administration. As Secretary of State he
+brought to a favorable close the long-standing feud between the United
+States and England with regard to the West India trade. Resigned his
+Secretaryship in June, 1831, and was sent as minister to England. The
+Senate refused in 1832 to confirm his nomination by the casting vote of
+John C. Calhoun, the Vice-President. In 1832 was elected Vice-President
+of the United States, and in 1833 came to preside over the body which
+a year before had rejected him as a foreign minister. On May 20, 1835,
+was formally nominated for the Presidency, and was elected in 1836 over
+his three competitors, William H. Harrison, Hugh L. White, and Daniel
+Webster, by a majority of 57 in the electoral college, but of only
+25,000 in the popular vote. On May 5, 1840, was nominated for the
+Presidency by the Democratic national convention at Baltimore, Md. At
+the election on November 10 was defeated by William Henry Harrison, who
+received 234 electoral votes and a popular majority of nearly 140,000.
+Van Buren received but 60 votes in the electoral college. Retired to
+his country seat, Lindenwald, in his native county. Was a candidate for
+the Presidential nomination at the Democratic national convention at
+Baltimore, Md., May 27, 1844, but was defeated by James K. Polk. Was
+nominated for the Presidency by a Barnburner convention at Utica, N.Y.,
+June 22, 1848, a nomination which he had declined by letter in advance.
+He was also nominated for the Presidency by the Free Soil national
+convention of Buffalo, August 9, 1848. At the election, November 7,
+received only a popular vote of 291,263, and no electoral vote.
+Supported Franklin Pierce for the Presidency in 1852 and James Buchanan
+in 1856. In 1860 voted the fusion ticket of Breckinridge, Douglas, and
+Bell in New York against Mr. Lincoln, but when the civil war began gave
+to the Administration his zealous support. Died at Kinderhook July 24,
+1862, and was buried there.
+
+
+
+
+INAUGURAL ADDRESS.
+
+
+Fellow Citizens: The practice of all my predecessors imposes on me an
+obligation I cheerfully fulfill--to accompany the first and solemn act
+of my public trust with an avowal of the principles that will guide me
+in performing it and an expression of my feelings on assuming a charge
+so responsible and vast. In imitating their example I tread in the
+footsteps of illustrious men, whose superiors it is our happiness
+to believe are not found on the executive calendar of any country.
+Among them we recognize the earliest and firmest pillars of the
+Republic--those by whom our national independence was first declared,
+him who above all others contributed to establish it on the field of
+battle, and those whose expanded intellect and patriotism constructed,
+improved, and perfected the inestimable institutions under which we
+live. If such men in the position I now occupy felt themselves
+overwhelmed by a sense of gratitude for this the highest of all marks of
+their country's confidence, and by a consciousness of their inability
+adequately to discharge the duties of an office so difficult and
+exalted, how much more must these considerations affect one who can rely
+on no such claims for favor or forbearance! Unlike all who have preceded
+me, the Revolution that gave us existence as one people was achieved at
+the period of my birth; and whilst I contemplate with grateful reverence
+that memorable event, I feel that I belong to a later age and that I may
+not expect my countrymen to weigh my actions with the same kind and
+partial hand.
+
+So sensibly, fellow-citizens, do these circumstances press themselves
+upon me that I should not dare to enter upon my path of duty did I not
+look for the generous aid of those who will be associated with me in
+the various and coordinate branches of the Government; did I not repose
+with unwavering reliance on the patriotism, the intelligence, and the
+kindness of a people who never yet deserted a public servant honestly
+laboring in their cause; and, above all, did I not permit myself humbly
+to hope for the sustaining support of an ever-watchful and beneficent
+Providence.
+
+To the confidence and consolation derived from these sources it would
+be ungrateful not to add those which spring from our present fortunate
+condition. Though not altogether exempt from embarrassments that
+disturb our tranquillity at home and threaten it abroad, yet in all the
+attributes of a great, happy, and flourishing people we stand without
+a parallel in the world. Abroad we enjoy the respect and, with scarcely
+an exception, the friendship of every nation; at home, while our
+Government quietly but efficiently performs the sole legitimate end
+of political institutions--in doing the greatest good to the greatest
+number--we present an aggregate of human prosperity surely not elsewhere
+to be found.
+
+How imperious, then, is the obligation imposed upon every citizen, in
+his own sphere of action, whether limited or extended, to exert himself
+in perpetuating a condition of things so singularly happy! All the
+lessons of history and experience must be lost upon us if we are content
+to trust alone to the peculiar advantages we happen to possess. Position
+and climate and the bounteous resources that nature has scattered with
+so liberal a hand--even the diffused intelligence and elevated character
+of our people--will avail us nothing if we fail sacredly to uphold those
+political institutions that were wisely and deliberately formed with
+reference to every circumstance that could preserve or might endanger
+the blessings we enjoy. The thoughtful framers of our Constitution
+legislated for our country as they found it. Looking upon it with the
+eyes of statesmen and patriots, they saw all the sources of rapid and
+wonderful prosperity; but they saw also that various habits, opinions,
+and institutions peculiar to the various portions of so vast a region
+were deeply fixed. Distinct sovereignties were in actual existence,
+whose cordial union was essential to the welfare and happiness of
+all. Between many of them there was, at least to some extent, a real
+diversity of interests, liable to be exaggerated through sinister
+designs; they differed in size, in population, in wealth, and in actual
+and prospective resources and power; they varied in the character of
+their industry and staple productions, and [in some] existed domestic
+institutions which, unwisely disturbed, might endanger the harmony of
+the whole. Most carefully were all these circumstances weighed, and the
+foundations of the new Government laid upon principles of reciprocal
+concession and equitable compromise. The jealousies which the smaller
+States might entertain of the power of the rest were allayed by a rule
+of representation confessedly unequal at the time, and designed forever
+to remain so. A natural fear that the broad scope of general legislation
+might bear upon and unwisely control particular interests was
+counteracted by limits strictly drawn around the action of the Federal
+authority, and to the people and the States was left unimpaired their
+sovereign power over the innumerable subjects embraced in the internal
+government of a just republic, excepting such only as necessarily
+appertain to the concerns of the whole confederacy or its intercourse
+as a united community with the other nations of the world.
+
+This provident forecast has been verified by time. Half a century,
+teeming with extraordinary events, and elsewhere producing astonishing
+results, has passed along, but on our institutions it has left no
+injurious mark. From a small community we have risen to a people
+powerful in numbers and in strength; but with our increase has gone hand
+in hand the progress of just principles. The privileges, civil and
+religious, of the humblest individual are still sacredly protected at
+home, and while the valor and fortitude of our people have removed far
+from us the slightest apprehension of foreign power, they have not yet
+induced us in a single instance to forget what is right. Our commerce
+has been extended to the remotest nations; the value and even nature of
+our productions have been greatly changed; a wide difference has arisen
+in the relative wealth and resources of every portion of our country;
+yet the spirit of mutual regard and of faithful adherence to existing
+compacts has continued to prevail in our councils and never long been
+absent from our conduct. We have learned by experience a fruitful
+lesson--that an implicit and undeviating adherence to the principles
+on which we set out can carry us prosperously onward through all the
+conflicts of circumstances and vicissitudes inseparable from the lapse
+of years.
+
+The success that has thus attended our great experiment is in itself
+a sufficient cause for gratitude, on account of the happiness it has
+actually conferred and the example it has unanswerably given. But to
+me, my fellow-citizens, looking forward to the far-distant future with
+ardent prayers and confiding hopes, this retrospect presents a ground
+for still deeper delight. It impresses on my mind a firm belief that
+the perpetuity of our institutions depends upon ourselves; that if we
+maintain the principles on which they were established they are destined
+to confer their benefits on countless generations yet to come, and that
+America will present to every friend of mankind the cheering proof
+that a popular government, wisely formed, is wanting in no element of
+endurance or strength. Fifty years ago its rapid failure was boldly
+predicted. Latent and uncontrollable causes of dissolution were supposed
+to exist even by the wise and good, and not only did unfriendly or
+speculative theorists anticipate for us the fate of past republics, but
+the fears of many an honest patriot overbalanced his sanguine hopes.
+Look back on these forebodings, not hastily but reluctantly made, and
+see how in every instance they have completely failed.
+
+An imperfect experience during the struggles of the Revolution was
+supposed to warrant the belief that the people would not bear the
+taxation requisite to discharge an immense public debt already incurred
+and to pay the necessary expenses of the Government. The cost of two
+wars has been paid, not only without a murmur, but with unequaled
+alacrity. No one is now left to doubt that every burden will be
+cheerfully borne that may be necessary to sustain our civil institutions
+or guard our honor or welfare. Indeed, all experience has shown that
+the willingness of the people to contribute to these ends in cases of
+emergency has uniformly outrun the confidence of their representatives.
+
+In the early stages of the new Government, when all felt the imposing
+influence as they recognized the unequaled services of the first
+President, it was a common sentiment that the great weight of his
+character could alone bind the discordant materials of our Government
+together and save us from the violence of contending factions. Since his
+death nearly forty years are gone. Party exasperation has been often
+carried to its highest point; the virtue and fortitude of the people
+have sometimes been greatly tried; yet our system, purified and enhanced
+in value by all it has encountered, still preserves its spirit of free
+and fearless discussion, blended with unimpaired fraternal feeling.
+
+The capacity of the people for self-government, and their
+willingness, from a high sense of duty and without those exhibitions
+of coercive power so generally employed in other countries, to submit
+to all needful restraints and exactions of municipal law, have also
+been favorably exemplified in the history of the American States.
+Occasionally, it is true, the ardor of public sentiment, outrunning the
+regular progress of the judicial tribunals or seeking to reach cases
+not denounced as criminal by the existing law, has displayed itself
+in a manner calculated to give pain to the friends of free government
+and to encourage the hopes of those who wish for its overthrow. These
+occurrences, however, have been far less frequent in our country than
+in any other of equal population on the globe, and with the diffusion of
+intelligence it may well be hoped that they will constantly diminish in
+frequency and violence. The generous patriotism and sound common sense
+of the great mass of our fellow-citizens will assuredly in time produce
+this result; for as every assumption of illegal power not only wounds
+the majesty of the law, but furnishes a pretext for abridging the
+liberties of the people, the latter have the most direct and permanent
+interest in preserving the landmarks of social order and maintaining
+on all occasions the inviolability of those constitutional and legal
+provisions which they themselves have made.
+
+In a supposed unfitness of our institutions for those hostile
+emergencies which no country can always avoid their friends found a
+fruitful source of apprehension, their enemies of hope. While they
+foresaw less promptness of action than in governments differently
+formed, they overlooked the far more important consideration that with
+us war could never be the result of individual or irresponsible will,
+but must be a measure of redress for injuries sustained, voluntarily
+resorted to by those who were to bear the necessary sacrifice, who would
+consequently feel an individual interest in the contest, and whose
+energy would be commensurate with the difficulties to be encountered.
+Actual events have proved their error; the last war, far from impairing,
+gave new confidence to our Government, and amid recent apprehensions of
+a similar conflict we saw that the energies of our country would not be
+wanting in ample season to vindicate its rights. We may not possess, as
+we should not desire to possess, the extended and ever-ready military
+organization of other nations; we may occasionally suffer in the outset
+for the want of it; but among ourselves all doubt upon this great point
+has ceased, while a salutary experience will prevent a contrary opinion
+from inviting aggression from abroad.
+
+Certain danger was foretold from the extension of our territory, the
+multiplication of States, and the increase of population. Our system
+was supposed to be adapted only to boundaries comparatively narrow.
+These have been widened beyond conjecture; the members of our
+Confederacy are already doubled, and the numbers of our people are
+incredibly augmented. The alleged causes of danger have long surpassed
+anticipation, but none of the consequences have followed. The power and
+influence of the Republic have risen to a height obvious to all mankind;
+respect for its authority was not more apparent at its ancient than
+it is at its present limits; new and inexhaustible sources of general
+prosperity have been opened; the effects of distance have been averted
+by the inventive genius of our people, developed and fostered by the
+spirit of our institutions; and the enlarged variety and amount of
+interests, productions, and pursuits have strengthened the chain of
+mutual dependence and formed a circle of mutual benefits too apparent
+ever to be overlooked.
+
+In justly balancing the powers of the Federal and State authorities
+difficulties nearly insurmountable arose at the outset, and subsequent
+collisions were deemed inevitable. Amid these it was scarcely believed
+possible that a scheme of government so complex in construction could
+remain uninjured. From time to time embarrassments have certainly
+occurred; but how just is the confidence of future safety imparted
+by the knowledge that each in succession has been happily removed!
+Overlooking partial and temporary evils as inseparable from the
+practical operation of all human institutions, and looking only to the
+general result, every patriot has reason to be satisfied. While the
+Federal Government has successfully performed its appropriate functions
+in relation to foreign affairs and concerns evidently national, that of
+every State has remarkably improved in protecting and developing local
+interests and individual welfare; and if the vibrations of authority
+have occasionally tended too much toward one or the other, it is
+unquestionably certain that the ultimate operation of the entire system
+has been to strengthen all the existing institutions and to elevate our
+whole country in prosperity and renown.
+
+The last, perhaps the greatest, of the prominent sources of discord and
+disaster supposed to lurk in our political condition was the institution
+of domestic slavery. Our forefathers were deeply impressed with the
+delicacy of this subject, and they treated it with a forbearance so
+evidently wise that in spite of every sinister foreboding it never until
+the present period disturbed the tranquillity of our common country.
+Such a result is sufficient evidence of the justice and the patriotism
+of their course; it is evidence not to be mistaken that an adherence to
+it can prevent all embarrassment from this as well as from every other
+anticipated cause of difficulty or danger. Have not recent events made
+it obvious to the slightest reflection that the least deviation from
+this spirit of forbearance is injurious to every interest, that of
+humanity included? Amidst the violence of excited passions this generous
+and fraternal feeling has been sometimes disregarded; and standing as
+I now do before my countrymen, in this high place of honor and of trust,
+I can not refrain from anxiously invoking my fellow-citizens never to
+be deaf to its dictates. Perceiving before my election the deep interest
+this subject was beginning to excite, I believed it a solemn duty fully
+to make known my sentiments in regard to it, and now, when every motive
+for misrepresentation has passed away, I trust that they will be
+candidly weighed and understood. At least they will be my standard of
+conduct in the path before me. I then declared that if the desire of
+those of my countrymen who were favorable to my election was gratified
+"I must go into the Presidential chair the inflexible and uncompromising
+opponent of every attempt on the part of Congress to abolish slavery in
+the District of Columbia against the wishes of the slaveholding States,
+and also with a determination equally decided to resist the slightest
+interference with it in the States where it exists." I submitted also to
+my fellow-citizens, with fullness and frankness, the reasons which led
+me to this determination. The result authorizes me to believe that they
+have been approved and are confided in by a majority of the people of
+the United States, including those whom they most immediately affect.
+It now only remains to add that no bill conflicting with these views
+can ever receive my constitutional sanction. These opinions have been
+adopted in the firm belief that they are in accordance with the spirit
+that actuated the venerated fathers of the Republic, and that succeeding
+experience has proved them to be humane, patriotic, expedient,
+honorable, and just. If the agitation of this subject was intended to
+reach the stability of our institutions, enough has occurred to show
+that it has signally failed, and that in this as in every other instance
+the apprehensions of the timid and the hopes of the wicked for the
+destruction of our Government are again destined to be disappointed.
+Here and there, indeed, scenes of dangerous excitement have occurred,
+terrifying instances of local violence have been witnessed, and a
+reckless disregard of the consequences of their conduct has exposed
+individuals to popular indignation; but neither masses of the people nor
+sections of the country have been swerved from their devotion to the
+bond of union and the principles it has made sacred. It will be ever
+thus. Such attempts at dangerous agitation may periodically return,
+but with each the object will be better understood. That predominating
+affection for our political system which prevails throughout our
+territorial limits, that calm and enlightened judgment which ultimately
+governs our people as one vast body, will always be at hand to resist
+and control every effort, foreign or domestic, which aims or would lead
+to overthrow our institutions.
+
+What can be more gratifying than such a retrospect as this? We look back
+on obstacles avoided and dangers overcome, on expectations more than
+realized and prosperity perfectly secured. To the hopes of the hostile,
+the fears of the timid, and the doubts of the anxious actual experience
+has given the conclusive reply. We have seen time gradually dispel every
+unfavorable foreboding and our Constitution surmount every adverse
+circumstance dreaded at the outset as beyond control. Present excitement
+will at all times magnify present dangers, but true philosophy must
+teach us that none more threatening than the past can remain to be
+overcome; and we ought (for we have just reason) to entertain an abiding
+confidence in the stability of our institutions and an entire conviction
+that if administered in the true form, character, and spirit in which
+they were established they are abundantly adequate to preserve to us and
+our children the rich blessings already derived from them, to make our
+beloved land for a thousand generations that chosen spot where happiness
+springs from a perfect equality of political rights.
+
+For myself, therefore, I desire to declare that the principle that
+will govern me in the high duty to which my country calls me is a
+strict adherence to the letter and spirit of the Constitution as it
+was designed by those who framed it. Looking back to it as a sacred
+instrument carefully and not easily framed; remembering that it was
+throughout a work of concession and compromise; viewing it as limited
+to national objects; regarding it as leaving to the people and the
+States all power not explicitly parted with, I shall endeavor to
+preserve, protect, and defend it by anxiously referring to its provision
+for direction in every action. To matters of domestic concernment which
+it has intrusted to the Federal Government and to such as relate to our
+intercourse with foreign nations I shall zealously devote myself; beyond
+those limits I shall never pass.
+
+To enter on this occasion into a further or more minute exposition of my
+views on the various questions of domestic policy would be as obtrusive
+as it is probably unexpected. Before the suffrages of my countrymen were
+conferred upon me I submitted to them, with great precision, my opinions
+on all the most prominent of these subjects. Those opinions I shall
+endeavor to carry out with my utmost ability.
+
+Our course of foreign policy has been so uniform and intelligible as
+to constitute a rule of Executive conduct which leaves little to my
+discretion, unless, indeed, I were willing to run counter to the lights
+of experience and the known opinions of my constituents. We sedulously
+cultivate the friendship of all nations as the condition most compatible
+with our welfare and the principles of our Government. We decline
+alliances as adverse to our peace. We desire commercial relations on
+equal terms, being ever willing to give a fair equivalent for advantages
+received We endeavor to conduct our intercourse with openness and
+sincerity, promptly avowing our objects and seeking to establish that
+mutual frankness which is as beneficial in the dealings of nations as
+of men. We have no disposition and we disclaim all right to meddle in
+disputes, whether internal or foreign, that may molest other countries,
+regarding them in their actual state as social communities, and
+preserving a strict neutrality in all their controversies. Well knowing
+the tried valor of our people and our exhaustless resources, we neither
+anticipate nor fear any designed aggression; and in the consciousness of
+our own just conduct we feel a security that we shall never be called
+upon to exert our determination never to permit an invasion of our
+rights without punishment or redress.
+
+In approaching, then, in the presence of my assembled countrymen, to
+make the solemn promise that yet remains, and to pledge myself that
+I will faithfully execute the office I am about to fill, I bring with
+me a settled purpose to maintain the institutions of my country, which
+I trust will atone for the errors I commit.
+
+In receiving from the people the sacred trust twice confided to my
+illustrious predecessor, and which he has discharged so faithfully and
+so well, I know that I can not expect to perform the arduous task with
+equal ability and success. But united as I have been in his counsels, a
+daily witness of his exclusive and unsurpassed devotion to his country's
+welfare, agreeing with him in sentiments which his countrymen have
+warmly supported, and permitted to partake largely of his confidence,
+I may hope that somewhat of the same cheering approbation will be found
+to attend upon my path. For him I but express with my own the wishes of
+all, that he may yet long live to enjoy the brilliant evening of his
+well-spent life; and for myself, conscious of but one desire, faithfully
+to serve my country, I throw myself without fear on its justice and its
+kindness. Beyond that I only look to the gracious protection of the
+Divine Being whose strengthening support I humbly solicit, and whom
+I fervently pray to look down upon us all. May it be among the
+dispensations of His providence to bless our beloved country with honors
+and with length of days. May her ways be ways of pleasantness and all
+her paths be peace!
+
+MARCH 4, 1837.
+
+
+
+
+SPECIAL MESSAGE.
+
+
+WASHINGTON, _March 6, 1837_.
+
+_To the Senate of the United States_:
+
+I nominate to the Senate Powhatan Ellis, of Mississippi, to be envoy
+extraordinary and minister plenipotentiary of the United States to the
+United Mexican States, to be sent whenever circumstances will permit
+a renewal of diplomatic intercourse honorably with that power.
+
+M. VAN BUREN.
+
+
+
+
+PROCLAMATIONS.
+
+
+[From Statutes at Large (Little & Brown), Vol. V, p. 802.]
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas by an act of Congress of the 7th of June, 1836, it was enacted
+that when the Indian title to all the lands lying between the State of
+Missouri and the Missouri River should be extinguished the jurisdiction
+over said land should be ceded by the said act to the State of Missouri
+and the western boundary of said State should be then extended to the
+Missouri River, reserving to the United States the original right of
+soil in said lands and of disposing of the same; and
+
+Whereas it was in and by the said act provided that the same should not
+take effect until the President should by proclamation declare that the
+Indian title to said lands had been extinguished, nor until the State of
+Missouri should have assented to the provisions of the said act; and
+
+Whereas an act was passed by the general assembly of the State of
+Missouri on the 16th of December, 1836, expressing the assent of the
+said State to the provisions of the said act of Congress, a copy
+of which act of the general assembly, duly authenticated, has been
+officially communicated to this Government and is now on file in the
+Department of State:
+
+Now, therefore, I, Martin Van Buren, President of the United States of
+America, do by this my proclamation declare and make known that the
+Indian title to all the said lands lying between the State of Missouri
+and the Missouri River has been extinguished and that the said act of
+Congress of the 7th of June, 1836, takes effect from the date hereof.
+
+Given under my hand, at the city of Washington, this 28th day of March,
+A.D. 1837, and of the Independence of the United States of America the
+sixty-first.
+
+MARTIN VAN BUREN.
+
+By the President:
+  JOHN FORSYTH,
+    _Secretary of State_.
+
+
+
+[From Statutes at Large (Little, Brown & Co.), Vol. XI, p. 783.]
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+Whereas great and weighty matters claiming the consideration of the
+Congress of the United States form an extraordinary occasion for
+convening them, I do by these presents appoint the first Monday of
+September next for their meeting at the city of Washington, hereby
+requiring the respective Senators and Representatives then and there to
+assemble in Congress in order to receive such communications as may then
+be made to them and to consult and determine on such measures as in
+their wisdom may be deemed meet for the welfare of the United States.
+
+In testimony whereof I have caused the seal of the United States to be
+hereunto affixed, and signed the same with my hand.
+
+[SEAL.]
+
+Done at the city of Washington, the 15th day of May, A.D. 1837, and of
+the Independence of the United States the sixty-first.
+
+MARTIN VAN BUREN.
+
+By the President:
+  JOHN FORSYTH,
+    _Secretary of State_.
+
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas by the third section of the act of Congress of the United States
+of the 13th of July, 1832, entitled "An act concerning tonnage duty on
+Spanish vessels," it is provided that whenever the President shall be
+satisfied that the discriminating or countervailing duties of tonnage
+levied by any foreign nation on the ships or vessels of the United
+States shall have been abolished he may direct that the tonnage duty on
+the vessels of such nation shall cease to be levied in the ports of the
+United States; and
+
+Whereas satisfactory evidence has lately been received from His Majesty
+the King of Greece that the discriminating duties of tonnage levied by
+said nation on the ships or vessels of the United States have been
+abolished:
+
+Now, therefore, I, Martin Van Buren, President of the United States, do
+hereby declare and proclaim that the tonnage duty on the vessels of the
+Kingdom of Greece shall from this date cease to be levied in the ports
+of the United States.
+
+Given under my hand, at the city of Washington, the 14th day of June,
+A.D. 1837, and of the Independence of the United States the sixty-first.
+
+M. VAN BUREN.
+
+By the President:
+  JOHN FORSYTH,
+    _Secretary of State_.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+HEADQUARTERS OF THE ARMY,
+
+ADJUTANT-GENERAL'S OFFICE,
+
+_Washington, March 7, 1837_.
+
+GENERAL ORDER No. 6.
+
+I. The Major-General Commanding in Chief has received from the War
+Department the following order:
+
+WASHINGTON, _March 6, 1837_.
+
+General Andrew Jackson, ex-President of the United States, being about
+to depart from this city for his home in Tennessee, and the state of his
+health rendering it important that he should be accompanied by a medical
+attendant, the President directs that the Surgeon-General of the Army
+accompany the ex-President to Wheeling, in the State of Virginia, there
+to be relieved, in case the ex-President's health shall be such as to
+allow it, by some officer of the Medical Department, who will attend
+the ex-President from that place to his residence.
+
+In giving this order the President feels assured that this mark of
+attention to the venerable soldier, patriot, and statesman now retiring
+in infirm health from the cares of office to the repose of private life
+will be as grateful to the feelings of the American people as it appears
+to the President to be suitable in itself.
+
+M. VAN BUREN.
+
+
+The Major-General Commanding in Chief will carry into effect the
+foregoing directions of the President of the United States.
+
+B.F. BUTLER,
+
+_Secretary of War ad interim_.
+
+
+II. Pursuant to the above order, Surgeon-General Lawson will immediately
+join the ex-President, and will accompany him as his medical attendant
+to Wheeling, in the State of Virginia, and, at his discretion, to the
+residence of the ex-President, at the Hermitage, near Nashville, in the
+State of Tennessee.
+
+III. Assistant Surgeon Reynolds will join the ex-President at Wheeling,
+Va., and from that place, either alone or in conjunction with the
+Surgeon-General, as the latter may direct, will proceed with the
+ex-President to his residence in Tennessee.
+
+IV. The officers above named, on the conclusion of the duties above
+assigned to them, will repair to their respective stations.
+
+By order of Alexander Macomb, Major-General Commanding in Chief:
+
+R. JONES,
+
+_Adjutant-General_.
+
+
+
+
+SPECIAL SESSION MESSAGE.
+
+
+WASHINGTON, _September 4, 1837_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+The act of the 23d of June, 1836, regulating the deposits of the public
+money and directing the employment of State, District, and Territorial
+banks for that purpose, made it the duty of the Secretary of the Treasury
+to discontinue the use of such of them as should at any time refuse to
+redeem their notes in specie, and to substitute other banks, provided a
+sufficient number could be obtained to receive the public deposits upon
+the terms and conditions therein prescribed. The general and almost
+simultaneous suspension of specie payments by the banks in May last
+rendered the performance of this duty imperative in respect to those
+which had been selected under the act, and made it at the same time
+impracticable to employ the requisite number of others upon the
+prescribed conditions. The specific regulations established by Congress
+for the deposit and safe-keeping of the public moneys having thus
+unexpectedly become inoperative, I felt it to be my duty to afford you
+an early opportunity for the exercise of your supervisory powers over
+the subject.
+
+I was also led to apprehend that the suspension of specie payments,
+increasing the embarrassments before existing in the pecuniary affairs
+of the country, would so far diminish the public revenue that the
+accruing receipts into the Treasury would not, with the reserved five
+millions, be sufficient to defray the unavoidable expenses of the
+Government until the usual period for the meeting of Congress, whilst
+the authority to call upon the States for a portion of the sums
+deposited with them was too restricted to enable the Department to
+realize a sufficient amount from that source. These apprehensions have
+been justified by subsequent results, which render it certain that this
+deficiency will occur if additional means be not provided by Congress.
+
+The difficulties experienced by the mercantile interest in meeting
+their engagements induced them to apply to me previously to the actual
+suspension of specie payments for indulgence upon their bonds for
+duties, and all the relief authorized by law was promptly and cheerfully
+granted. The dependence of the Treasury upon the avails of these bonds
+to enable it to make the deposits with the States required by law led me
+in the outset to limit this indulgence to the 1st of September, but it
+has since been extended to the 1st of October, that the matter might be
+submitted to your further direction.
+
+Questions were also expected to arise in the recess in respect to the
+October installment of those deposits requiring the interposition of
+Congress.
+
+A provision of another act, passed about the same time, and intended to
+secure a faithful compliance with the obligation of the United States to
+satisfy all demands upon them in specie or its equivalent, prohibited
+the offer of any bank note not convertible on the spot into gold or
+silver at the will of the holder; and the ability of the Government,
+with millions on deposit, to meet its engagements in the manner thus
+required by law was rendered very doubtful by the event to which I have
+referred.
+
+Sensible that adequate provisions for these unexpected exigencies
+could only be made by Congress; convinced that some of them would be
+indispensably necessary to the public service before the regular period
+of your meeting, and desirous also to enable you to exercise at the
+earliest moment your full constitutional powers for the relief of
+the country, I could not with propriety avoid subjecting you to the
+inconvenience of assembling at as early a day as the state of the
+popular representation would permit. I am sure that I have done but
+justice to your feelings in believing that this inconvenience will be
+cheerfully encountered in the hope of rendering your meeting conducive
+to the good of the country.
+
+During the earlier stages of the revulsion through which we have just
+passed much acrimonious discussion arose and great diversity of opinion
+existed as to its real causes. This was not surprising. The operations
+of credit are so diversified and the influences which affect them so
+numerous, and often so subtle, that even impartial and well-informed
+persons are seldom found to agree in respect to them. To inherent
+difficulties were also added other tendencies which were by no means
+favorable to the discovery of truth. It was hardly to be expected that
+those who disapproved the policy of the Government in relation to the
+currency would, in the excited state of public feeling produced by the
+occasion, fail to attribute to that policy any extensive embarrassment
+in the monetary affairs of the country. The matter thus became connected
+with the passions and conflicts of party; opinions were more or less
+affected by political considerations, and differences were prolonged
+which might otherwise have been determined by an appeal to facts, by the
+exercise of reason, or by mutual concession. It is, however, a cheering
+reflection that circumstances of this nature can not prevent a community
+so intelligent as ours from ultimately arriving at correct conclusions.
+Encouraged by the firm belief of this truth, I proceed to state my
+views, so far as may be necessary to a clear understanding of the
+remedies I feel it my duty to propose and of the reasons by which I have
+been led to recommend them.
+
+The history of trade in the United States for the last three or four
+years affords the most convincing evidence that our present condition
+is chiefly to be attributed to overaction in all the departments of
+business--an over-action deriving, perhaps, its first impulses from
+antecedent causes, but stimulated to its destructive consequences
+by excessive issues of bank paper and by other facilities for the
+acquisition and enlargement of credit. At the commencement of the year
+1834 the banking capital of the United States, including that of the
+national bank, then existing, amounted to about $200,000,000, the bank
+notes then in circulation to about ninety-five millions, and the loans
+and discounts of the banks to three hundred and twenty-four millions.
+Between that time and the 1st of January, 1836, being the latest period
+to which accurate accounts have been received, our banking capital was
+increased to more than two hundred and fifty-one millions, our paper
+circulation to more than one hundred and forty millions, and the loans
+and discounts to more than four hundred and fifty-seven millions.
+To this vast increase are to be added the many millions of credit
+acquired by means of foreign loans, contracted by the States and State
+institutions, and, above all, by the lavish accommodations extended
+by foreign dealers to our merchants.
+
+The consequences of this redundancy of credit and of the spirit of
+reckless speculation engendered by it were a foreign debt contracted
+by our citizens estimated in March last at more than $30,000,000; the
+extension to traders in the interior of our country of credits for
+supplies greatly beyond the wants of the people; the investment of
+$39,500,000 in unproductive public lands in the years 1835 and 1836,
+whilst in the preceding year the sales amounted to only four and a
+half millions; the creation of debts, to an almost countless amount,
+for real estate in existing or anticipated cities and villages,
+equally unproductive, and at prices now seen to have been greatly
+disproportionate to their real value; the expenditure of immense sums
+in improvements which in many cases have been found to be ruinously
+improvident; the diversion to other pursuits of much of the labor that
+should have been applied to agriculture, thereby contributing to the
+expenditure of large sums in the importation of grain from Europe--an
+expenditure which, amounting in 1834 to about $250,000, was in the first
+two quarters of the present year increased to more than $2,000,000; and
+finally, without enumerating other injurious results, the rapid growth
+among all classes, and especially in our great commercial towns, of
+luxurious habits founded too often on merely fancied wealth, and
+detrimental alike to the industry, the resources, and the morals of
+our people.
+
+It was so impossible that such a state of things could long continue
+that the prospect of revulsion was present to the minds of considerate
+men before it actually came. None, however, had correctly anticipated
+its severity. A concurrence of circumstances inadequate of themselves to
+produce such widespread and calamitous embarrassments tended so greatly
+to aggravate them that they can not be overlooked in considering their
+history. Among these may be mentioned, as most prominent, the great loss
+of capital sustained by our commercial emporium in the fire of December,
+1835--a loss the effects of which were underrated at the time because
+postponed for a season by the great facilities of credit then existing;
+the disturbing effects in our commercial cities of the transfers of
+the public moneys required by the deposit law of June, 1836, and the
+measures adopted by the foreign creditors of our merchants to reduce
+their debts and to withdraw from the United States a large portion of
+our specie.
+
+However unwilling any of our citizens may heretofore have been to assign
+to these causes the chief instrumentality in producing the present state
+of things, the developments subsequently made and the actual condition
+of other commercial countries must, as it seems to me, dispel all
+remaining doubts upon the subject. It has since appeared that evils
+similar to those suffered by ourselves have been experienced in Great
+Britain, on the Continent, and, indeed, throughout the commercial world,
+and that in other countries as well as in our own they have been
+uniformly preceded by an undue enlargement of the boundaries of trade,
+prompted, as with us, by unprecedented expansions of the systems of
+credit. A reference to the amount of banking capital and the issues of
+paper credits put in circulation in Great Britain, by banks and in other
+ways, during the years 1834, 1835, and 1836 will show an augmentation
+of the paper currency there as much disproportioned to the real wants
+of trade as in the United States. With this redundancy of the paper
+currency there arose in that country also a spirit of adventurous
+speculation embracing the whole range of human enterprise. Aid was
+profusely given to projected improvements; large investments were
+made in foreign stocks and loans; credits for goods were granted with
+unbounded liberality to merchants in foreign countries, and all the
+means of acquiring and employing credit were put in active operation and
+extended in their effects to every department of business and to every
+quarter of the globe. The reaction was proportioned in its violence
+to the extraordinary character of the events which preceded it. The
+commercial community of Great Britain were subjected to the greatest
+difficulties, and their debtors in this country were not only suddenly
+deprived of accustomed and expected credits, but called upon for
+payments which in the actual posture of things here could only be made
+through a general pressure and at the most ruinous sacrifices.
+
+In view of these facts it would seem impossible for sincere inquirers
+after truth to resist the conviction that the causes of the revulsion
+in both countries have been substantially the same. Two nations, the
+most commercial in the world, enjoying but recently the highest degree
+of apparent prosperity and maintaining with each other the closest
+relations, are suddenly, in a time of profound peace and without any
+great national disaster, arrested in their career and plunged into a
+state of embarrassment and distress. In both countries we have witnessed
+the same redundancy of paper money and other facilities of credit;
+the same spirit of speculation; the same partial successes; the same
+difficulties and reverses, and at length nearly the same overwhelming
+catastrophe. The most material difference between the results in the
+two countries has only been that with us there has also occurred an
+extensive derangement in the fiscal affairs of the Federal and State
+Governments, occasioned by the suspension of specie payments by the
+banks.
+
+The history of these causes and effects in Great Britain and the United
+States is substantially the history of the revulsion in all other
+commercial countries.
+
+The present and visible effects of these circumstances on the operations
+of the Government and on the industry of the people point out the
+objects which call for your immediate attention.
+
+They are, to regulate by law the safe-keeping, transfer, and
+disbursement of the public moneys; to designate the funds to be received
+and paid by the Government; to enable the Treasury to meet promptly
+every demand upon it; to prescribe the terms of indulgence and the mode
+of settlement to be adopted, as well in collecting from individuals the
+revenue that has accrued as in withdrawing it from former depositories;
+and to devise and adopt such further measures, within the constitutional
+competency of Congress, as will be best calculated to revive the
+enterprise and to promote the prosperity of the country.
+
+For the deposit, transfer, and disbursement of the revenue national and
+State banks have always, with temporary and limited exceptions, been
+heretofore employed; but although advocates of each system are still to
+be found, it is apparent that the events of the last few months have
+greatly augmented the desire, long existing among the people of the
+United States, to separate the fiscal operations of the Government from
+those of individuals or corporations.
+
+Again to create a national bank as a fiscal agent would be to
+disregard the popular will, twice solemnly and unequivocally expressed.
+On no question of domestic policy is there stronger evidence that the
+sentiments of a large majority are deliberately fixed, and I can not
+concur with those who think they see in recent events a proof that these
+sentiments are, or a reason that they should be, changed.
+
+Events similar in their origin and character have heretofore frequently
+occurred without producing any such change, and the lessons of
+experience must be forgotten if we suppose that the present overthrow of
+credit would have been prevented by the existence of a national bank.
+Proneness to excessive issues has ever been the vice of the banking
+system--a vice as prominent in national as in State institutions. This
+propensity is as subservient to the advancement of private interests
+in the one as in the other, and those who direct them both, being
+principally guided by the same views and influenced by the same motives,
+will be equally ready to stimulate extravagance of enterprise by
+improvidence of credit. How strikingly is this conclusion sustained
+by experience! The Bank of the United States, with the vast powers
+conferred on it by Congress, did not or could not prevent former and
+similar embarrassments, nor has the still greater strength it has been
+said to possess under its present charter enabled it in the existing
+emergency to check other institutions or even to save itself. In Great
+Britain, where it has been seen the same causes have been attended with
+the same effects, a national bank possessing powers far greater than are
+asked for by the warmest advocates of such an institution here has also
+proved unable to prevent an undue expansion of credit and the evils that
+flow from it. Nor can I find any tenable ground for the reestablishment
+of a national bank in the derangement alleged at present to exist in the
+domestic exchanges of the country or in the facilities it may be capable
+of affording them. Although advantages of this sort were anticipated
+when the first Bank of the United States was created, they were regarded
+as an incidental accommodation, not one which the Federal Government was
+bound or could be called upon to furnish. This accommodation is now,
+indeed, after the lapse of not many years, demanded from it as among its
+first duties, and an omission to aid and regulate commercial exchange
+is treated as a ground of loud and serious complaint. Such results only
+serve to exemplify the constant desire among some of our citizens to
+enlarge the powers of the Government and extend its control to subjects
+with which it should not interfere. They can never justify the creation
+of an institution to promote such objects. On the contrary, they justly
+excite among the community a more diligent inquiry into the character
+of those operations of trade toward which it is desired to extend such
+peculiar favors.
+
+The various transactions which bear the name of domestic exchanges
+differ essentially in their nature, operation, and utility. One class of
+them consists of bills of exchange drawn for the purpose of transferring
+actual capital from one part of the country to another, or to anticipate
+the proceeds of property actually transmitted. Bills of this description
+are highly useful in the movements of trade and well deserve all the
+encouragement which can rightfully be given to them. Another class is
+made up of bills of exchange not drawn to transfer actual capital nor
+on the credit of property transmitted, but to create fictitious capital,
+partaking at once of the character of notes discounted in bank and of
+bank notes in circulation, and swelling the mass of paper credits to a
+vast extent in the most objectionable manner. These bills have formed
+for the last few years a large proportion of what are termed the
+domestic exchanges of the country, serving as the means of usurious
+profit and constituting the most unsafe and precarious paper in
+circulation. This species of traffic, instead of being upheld, ought
+to be discountenanced by the Government and the people.
+
+In transferring its funds from place to place the Government is on the
+same footing with the private citizen and may resort to the same legal
+means. It may do so through the medium of bills drawn by itself or
+purchased from others; and in these operations it may, in a manner
+undoubtedly constitutional and legitimate, facilitate and assist
+exchanges of individuals founded on real transactions of trade. The
+extent to which this may be done and the best means of effecting it
+are entitled to the fullest consideration. This has been bestowed by
+the Secretary of the Treasury, and his views will be submitted to you
+in his report.
+
+But it was not designed by the Constitution that the Government should
+assume the management of domestic or foreign exchange. It is indeed
+authorized to regulate by law the commerce between the States and to
+provide a general standard of value or medium of exchange in gold and
+silver, but it is not its province to aid individuals in the transfer
+of their funds otherwise than through the facilities afforded by the
+Post-Office Department. As justly might it be called on to provide for
+the transportation of their merchandise. These are operations of trade.
+They ought to be conducted by those who are interested in them in the
+same manner that the incidental difficulties of other pursuits are
+encountered by other classes of citizens. Such aid has not been deemed
+necessary in other countries. Throughout Europe the domestic as well as
+the foreign exchanges are carried on by private houses, often, if not
+generally, without the assistance of banks; yet they extend throughout
+distinct sovereignties, and far exceed in amount the real exchanges of
+the United States. There is no reason why our own may not be conducted
+in the same manner with equal cheapness and safety. Certainly this might
+be accomplished if it were favored by those most deeply interested; and
+few can doubt that their own interest, as well as the general welfare of
+the country, would be promoted by leaving such a subject in the hands of
+those to whom it properly belongs. A system founded on private interest,
+enterprise, and competition, without the aid of legislative grants or
+regulations by law, would rapidly prosper; it would be free from the
+influence of political agitation and extend the same exemption to
+trade itself, and it would put an end to those complaints of neglect,
+partiality, injustice, and oppression which are the unavoidable
+results of interference by the Government in the proper concerns of
+individuals. All former attempts on the part of the Government to carry
+its legislation in this respect further than was designed by the
+Constitution have in the end proved injurious, and have served only
+to convince the great body of the people more and more of the certain
+dangers of blending private interests with the operations of public
+business; and there is no reason to suppose that a repetition of them
+now would be more successful.
+
+It can not be concealed that there exists in our community opinions and
+feelings on this subject in direct opposition to each other. A large
+portion of them, combining great intelligence, activity, and influence,
+are no doubt sincere in their belief that the operations of trade ought
+to be assisted by such a connection; they regard a national bank as
+necessary for this purpose, and they are disinclined to every measure
+that does not tend sooner or later to the establishment of such an
+institution. On the other hand, a majority of the people are believed
+to be irreconcilably opposed to that measure; they consider such a
+concentration of power dangerous to their liberties, and many of them
+regard it as a violation of the Constitution. This collision of opinion
+has doubtless caused much of the embarrassment to which the commercial
+transactions of the country have lately been exposed. Banking has become
+a political topic of the highest interest, and trade has suffered in
+the conflict of parties. A speedy termination of this state of things,
+however desirable, is scarcely to be expected. We have seen for nearly
+half a century that those who advocate a national bank, by whatever
+motive they may be influenced, constitute a portion of our community too
+numerous to allow us to hope for an early abandonment of their favorite
+plan. On the other hand, they must indeed form an erroneous estimate
+of the intelligence and temper of the American people who suppose that
+they have continued on slight or insufficient grounds their persevering
+opposition to such an institution, or that they can be induced by
+pecuniary pressure or by any other combination of circumstances to
+surrender principles they have so long and so inflexibly maintained.
+
+My own views of the subject are unchanged. They have been repeatedly and
+unreservedly announced to my fellow-citizens, who with full knowledge
+of them conferred upon me the two highest offices of the Government.
+On the last of these occasions I felt it due to the people to apprise
+them distinctly that in the event of my election I would not be able to
+cooperate in the reestablishment of a national bank. To these sentiments
+I have now only to add the expression of an increased conviction that
+the reestablishment of such a bank in any form, whilst it would not
+accomplish the beneficial purpose promised by its advocates, would
+impair the rightful supremacy of the popular will, injure the character
+and diminish the influence of our political system, and bring once more
+into existence a concentrated moneyed power, hostile to the spirit and
+threatening the permanency of our republican institutions.
+
+Local banks have been employed for the deposit and distribution of
+the revenue at all times partially and on three different occasions
+exclusively: First, anterior to the establishment of the first Bank of
+the United States; secondly, in the interval between the termination of
+that institution and the charter of its successor; and thirdly, during
+the limited period which has now so abruptly closed. The connection thus
+repeatedly attempted proved unsatisfactory on each successive occasion,
+notwithstanding the various measures which were adopted to facilitate
+or insure its success. On the last occasion, in the year 1833, the
+employment of the State banks was guarded especially, in every way which
+experience and caution could suggest. Personal security was required for
+the safe-keeping and prompt payment of the moneys to be received, and
+full returns of their condition were from time to time to be made by the
+depositories. In the first stages the measure was eminently successful,
+notwithstanding the violent opposition of the Bank of the United States
+and the unceasing efforts made to overthrow it. The selected banks
+performed with fidelity and without any embarrassment to themselves or
+to the community their engagements to the Government, and the system
+promised to be permanently useful; but when it became necessary, under
+the act of June, 1836, to withdraw from them the public money for the
+purpose of placing it in additional institutions or of transferring it
+to the States, they found it in many cases inconvenient to comply with
+the demands of the Treasury, and numerous and pressing applications were
+made for indulgence or relief. As the installments under the deposit law
+became payable their own embarrassments and the necessity under which
+they lay of curtailing their discounts and calling in their debts
+increased the general distress and contributed, with other causes, to
+hasten the revulsion in which at length they, in common with the other
+banks, were fatally involved.
+
+Under these circumstances it becomes our solemn duty to inquire whether
+there are not in any connection between the Government and banks of
+issue evils of great magnitude, inherent in its very nature and against
+which no precautions can effectually guard.
+
+Unforeseen in the organization of the Government and forced on the
+Treasury by early necessities, the practice of employing banks was in
+truth from the beginning more a measure of emergency than of sound
+policy. When we started into existence as a nation, in addition to the
+burdens of the new Government we assumed all the large but honorable
+load of debt which was the price of our liberty; but we hesitated to
+weigh down the infant industry of the country by resorting to adequate
+taxation for the necessary revenue. The facilities of banks, in return
+for the privileges they acquired, were promptly offered, and perhaps too
+readily received by an embarrassed Treasury. During the long continuance
+of a national debt and the intervening difficulties of a foreign war the
+connection was continued from motives of convenience; but these causes
+have long since passed away. We have no emergencies that make banks
+necessary to aid the wants of the Treasury; we have no load of national
+debt to provide for, and we have on actual deposit a large surplus. No
+public interest, therefore, now requires the renewal of a connection
+that circumstances have dissolved. The complete organization of our
+Government, the abundance of our resources, the general harmony which
+prevails between the different States and with foreign powers, all
+enable us now to select the system most consistent with the Constitution
+and most conducive to the public welfare. Should we, then, connect the
+Treasury for a fourth time with the local banks, it can only be under a
+conviction that past failures have arisen from accidental, not inherent,
+defects.
+
+A danger difficult, if not impossible, to be avoided in such an
+arrangement is made strikingly evident in the very event by which it has
+now been defeated. A sudden act of the banks intrusted with the funds
+of the people deprives the Treasury, without fault or agency of the
+Government, of the ability to pay its creditors in the currency they
+have by law a right to demand. This circumstance no fluctuation of
+commerce could have produced if the public revenue had been collected
+in the legal currency and kept in that form by the officers of the
+Treasury. The citizen whose money was in bank receives it back since
+the suspension at a sacrifice in its amount, whilst he who kept it in
+the legal currency of the country and in his own possession pursues
+without loss the current of his business. The Government, placed in the
+situation of the former, is involved in embarrassments it could not have
+suffered had it pursued the course of the latter. These embarrassments
+are, moreover, augmented by those salutary and just laws which forbid it
+to use a depreciated currency, and by so doing take from the Government
+the ability which individuals have of accommodating their transactions
+to such a catastrophe.
+
+A system which can in a time of profound peace, when there is a large
+revenue laid by, thus suddenly prevent the application and the use of
+the money of the people in the manner and for the objects they have
+directed can not be wise; but who can think without painful reflection
+that under it the same unforeseen events might have befallen us in the
+midst of a war and taken from us at the moment when most wanted the use
+of those very means which were treasured up to promote the national
+welfare and guard our national rights? To such embarrassments and to
+such dangers will this Government be always exposed whilst it takes the
+moneys raised for and necessary to the public service out of the hands
+of its own officers and converts them into a mere right of action
+against corporations intrusted with the possession of them. Nor can
+such results be effectually guarded against in such a system without
+investing the Executive with a control over the banks themselves,
+whether State or national, that might with reason be objected to. Ours
+is probably the only Government in the world that is liable in the
+management of its fiscal concerns to occurrences like these.
+
+But this imminent risk is not the only danger attendant on the surrender
+of the public money to the custody and control of local corporations.
+Though the object is aid to the Treasury, its effect may be to introduce
+into the operations of the Government influences the most subtle,
+founded on interests the most selfish.
+
+The use by the banks, for their own benefit, of the money deposited with
+them has received the sanction of the Government from the commencement
+of this connection. The money received from the people, instead of
+being kept till it is needed for their use, is, in consequence of this
+authority, a fund on which discounts are made for the profit of those
+who happen to be owners of stock in the banks selected as depositories.
+The supposed and often exaggerated advantages of such a boon will always
+cause it to be sought for with avidity. I will not stop to consider
+on whom the patronage incident to it is to be conferred. Whether the
+selection and control be trusted to Congress or to the Executive, either
+will be subjected to appeals made in every form which the sagacity of
+interest can suggest. The banks under such a system are stimulated to
+make the most of their fortunate acquisition; the deposits are treated
+as an increase of capital; loans and circulation are rashly augmented,
+and when the public exigencies require a return it is attended with
+embarrassments not provided for nor foreseen. Thus banks that thought
+themselves most fortunate when the public funds were received find
+themselves most embarrassed when the season of payment suddenly arrives.
+
+Unfortunately, too, the evils of the system are not limited to the
+banks. It stimulates a general rashness of enterprise and aggravates the
+fluctuations of commerce and the currency. This result was strikingly
+exhibited during the operations of the late deposit system, and
+especially in the purchases of public lands. The order which ultimately
+directed the payment of gold and silver in such purchases greatly
+checked, but could not altogether prevent, the evil. Specie was indeed
+more difficult to be procured than the notes which the banks could
+themselves create at pleasure; but still, being obtained from them as a
+loan and returned as a deposit, which they were again at liberty to use,
+it only passed round the circle with diminished speed. This operation
+could not have been performed had the funds of the Government gone into
+the Treasury to be regularly disbursed, and not into banks to be loaned
+out for their own profit while they were permitted to substitute for it
+a credit in account.
+
+In expressing these sentiments I desire not to undervalue the benefits
+of a salutary credit to any branch of enterprise. The credit bestowed
+on probity and industry is the just reward of merit and an honorable
+incentive to further acquisition. None oppose it who love their country
+and understand its welfare. But when it is unduly encouraged; when it
+is made to inflame the public mind with the temptations of sudden and
+unsubstantial wealth; when it turns industry into paths that lead sooner
+or later to disappointment and distress, it becomes liable to censure
+and needs correction. Far from helping probity and industry, the ruin to
+which it leads falls most severely on the great laboring classes, who
+are thrown suddenly out of employment, and by the failure of magnificent
+schemes never intended to enrich them are deprived in a moment of their
+only resource. Abuses of credit and excesses in speculation will happen
+in despite of the most salutary laws; no government, perhaps, can
+altogether prevent them, but surely every government can refrain from
+contributing the stimulus that calls them into life.
+
+Since, therefore, experience has shown that to lend the public money
+to the local banks is hazardous to the operations of the Government, at
+least of doubtful benefit to the institutions themselves, and productive
+of disastrous derangement in the business and currency of the country,
+is it the part of wisdom again to renew the connection?
+
+It is true that such an agency is in many respects convenient to the
+Treasury, but it is not indispensable. A limitation of the expenses
+of the Government to its actual wants, and of the revenue to those
+expenses, with convenient means for its prompt application to the
+purposes for which it was raised, are the objects which we should seek
+to accomplish. The collection, safe-keeping, transfer, and disbursement
+of the public money can, it is believed, be well managed by officers of
+the Government. Its collection, and to a great extent its disbursement
+also, have indeed been hitherto conducted solely by them, neither
+national nor State banks, when employed, being required to do more than
+keep it safely while in their custody, and transfer and pay it in such
+portions and at such times as the Treasury shall direct.
+
+Surely banks are not more able than the Government to secure the money
+in their possession against accident, violence, or fraud. The assertion
+that they are so must assume that a vault in a bank is stronger than
+a vault in the Treasury, and that directors, cashiers, and clerks not
+selected by the Government nor under its control are more worthy of
+confidence than officers selected from the people and responsible to the
+Government--officers bound by official oaths and bonds for a faithful
+performance of their duties, and constantly subject to the supervision
+of Congress.
+
+The difficulties of transfer and the aid heretofore rendered by banks
+have been less than is usually supposed. The actual accounts show that
+by far the larger portion of payments is made within short or convenient
+distances from the places of collection; and the whole number of
+warrants issued at the Treasury in the year 1834--a year the result of
+which will, it is believed, afford a safe test for the future--fell
+short of 5,000, or an average of less than 1 daily for each State; in
+the city of New York they did not average more than 2 a day, and at the
+city of Washington only 4.
+
+The difficulties heretofore existing are, moreover, daily lessened by an
+increase in the cheapness and facility of communication, and it may be
+asserted with confidence that the necessary transfers, as well as the
+safe-keeping and disbursements of the public moneys, can be with safety
+and convenience accomplished through the agencies of Treasury officers.
+This opinion has been in some degree confirmed by actual experience
+since the discontinuance of the banks as fiscal agents in May last--a
+period which from the embarrassments in commercial intercourse presented
+obstacles as great as any that may be hereafter apprehended.
+
+The manner of keeping the public money since that period is fully stated
+in the report of the Secretary of the Treasury. That officer also
+suggests the propriety of assigning by law certain additional duties to
+existing establishments and officers, which, with the modifications and
+safeguards referred to by him, will, he thinks, enable the Department
+to continue to perform this branch of the public service without any
+material addition either to their number or to the present expense. The
+extent of the business to be transacted has already been stated; and in
+respect to the amount of money with which the officers employed would be
+intrusted at any one time, it appears that, assuming a balance of five
+millions to be at all times kept in the Treasury, and the whole of it
+left in the hands of the collectors and receivers, the proportion of
+each would not exceed an average of $30,000; but that, deducting one
+million for the use of the Mint and assuming the remaining four millions
+to be in the hands of one-half of the present number of officers--a
+supposition deemed more likely to correspond with the fact--the sum
+in the hands of each would still be less than the amount of most of the
+bonds now taken from the receivers of public money. Every apprehension,
+however, on the subject, either in respect to the safety of the money
+or the faithful discharge of these fiscal transactions, may, it appears
+to me, be effectually removed by adding to the present means of
+the Treasury the establishment by law at a few important points of
+offices for the deposit and disbursement of such portions of the public
+revenue as can not with obvious safety and convenience be left in the
+possession of the collecting officers until paid over by them to the
+public creditors. Neither the amounts retained in their hands nor
+those deposited in the offices would in an ordinary condition of the
+revenue be larger in most cases than those often under the control of
+disbursing officers of the Army and Navy, and might be made entirely
+safe by requiring such securities and exercising such controlling
+supervision as Congress may by law prescribe. The principal officers
+whose appointments would become necessary under this plan, taking the
+largest number suggested by the Secretary of the Treasury, would not
+exceed ten, nor the additional expenses, at the same estimate, $60,000
+a year.
+
+There can be no doubt of the obligation of those who are intrusted
+with the affairs of Government to conduct them with as little cost to
+the nation as is consistent with the public interest; and it is for
+Congress, and ultimately for the people, to decide whether the benefits
+to be derived from keeping our fiscal concerns apart and severing the
+connection which has hitherto existed between the Government and banks
+offer sufficient advantages to justify the necessary expenses. If the
+object to be accomplished is deemed important to the future welfare of
+the country, I can not allow myself to believe that the addition to
+the public expenditure of comparatively so small an amount as will be
+necessary to effect it will be objected to by the people.
+
+It will be seen by the report of the Postmaster-General herewith
+communicated that the fiscal affairs of that Department have been
+successfully conducted since May last upon the principle of dealing
+only in the legal currency of the United States, and that it needs no
+legislation to maintain its credit and facilitate the management of its
+concerns, the existing laws being, in the opinion of that officer, ample
+for those objects.
+
+Difficulties will doubtless be encountered for a season and increased
+services required from the public functionaries; such are usually
+incident to the commencement of every system, but they will be greatly
+lessened in the progress of its operations.
+
+The power and influence supposed to be connected with the custody and
+disbursement of the public money are topics on which the public mind is
+naturally, and with great propriety, peculiarly sensitive. Much has been
+said on them in reference to the proposed separation of the Government
+from the banking institutions; and surely no one can object to any
+appeals or animadversions on the subject which are consistent with facts
+and evince a proper respect for the intelligence of the people. If a
+Chief Magistrate may be allowed to speak for himself on such a point,
+I can truly say that to me nothing would be more acceptable than the
+withdrawal from the Executive, to the greatest practicable extent, of
+all concern in the custody and disbursement of the public revenue; not
+that I would shrink from any responsibility cast upon me by the duties
+of my office, but because it is my firm belief that its capacity for
+usefulness is in no degree promoted by the possession of any patronage
+not actually necessary to the performance of those duties. But under our
+present form of government the intervention of the executive officers
+in the custody and disbursement of the public money seems to be
+unavoidable; and before it can be admitted that the influence and power
+of the Executive would be increased by dispensing with the agency of
+banks the nature of that intervention in such an agency must be
+carefully regarded, and a comparison must be instituted between its
+extent in the two cases.
+
+The revenue can only be collected by officers appointed by the President
+with the advice and consent of the Senate. The public moneys in the
+first instance must therefore in all cases pass through hands selected
+by the Executive. Other officers appointed in the same way, or, as in
+some cases, by the President alone, must also be intrusted with them
+when drawn for the purpose of disbursement. It is thus seen that even
+when banks are employed the public funds must twice pass through the
+hands of executive officers. Besides this, the head of the Treasury
+Department, who also holds office at the pleasure of the President, and
+some other officers of the same Department, must necessarily be invested
+with more or less power in the selection, continuance, and supervision
+of the banks that may be employed. The question is then narrowed to the
+single point whether in the intermediate stage between the collection
+and disbursement of the public money the agency of banks is necessary
+to avoid a dangerous extension of the patronage and influence of the
+Executive. But is it clear that the connection of the Executive with
+powerful moneyed institutions, capable of ministering to the interests
+of men in points where they are most accessible to corruption, is less
+liable to abuse than his constitutional agency in the appointment and
+control of the few public officers required by the proposed plan? Will
+the public money when in their hands be necessarily exposed to any
+improper interference on the part of the Executive? May it not be hoped
+that a prudent fear of public jealousy and disapprobation in a matter so
+peculiarly exposed to them will deter him from any such interference,
+even if higher motives be found inoperative? May not Congress so
+regulate by law the duty of those officers and subject it to such
+supervision and publicity as to prevent the possibility of any serious
+abuse on the part of the Executive? And is there equal room for such
+supervision and publicity in a connection with banks, acting under the
+shield of corporate immunities and conducted by persons irresponsible
+to the Government and the people? It is believed that a considerate and
+candid investigation of these questions will result in the conviction
+that the proposed plan is far less liable to objection on the score of
+Executive patronage and control than any bank agency that has been or
+can be devised.
+
+With these views I leave to Congress the measures necessary to regulate
+in the present emergency the safe-keeping and transfer of the public
+moneys. In the performance of constitutional duty I have stated to them
+without reserve the result of my own reflections. The subject is of
+great importance, and one on which we can scarcely expect to be as
+united in sentiment as we are in interest. It deserves a full and
+free discussion, and can not fail to be benefited by a dispassionate
+comparison of opinions. Well aware myself of the duty of reciprocal
+concession among the coordinate branches of the Government, I can
+promise a reasonable spirit of cooperation, so far as it can be indulged
+in without the surrender of constitutional objections which I believe
+to be well founded. Any system that may be adopted should be subjected
+to the fullest legal provision, so as to leave nothing to the Executive
+but what is necessary to the discharge of the duties imposed on him;
+and whatever plan may be ultimately established, my own part shall be
+so discharged as to give to it a fair trial and the best prospect of
+success.
+
+The character of the funds to be received and disbursed in the
+transactions of the Government likewise demands your most careful
+consideration.
+
+There can be no doubt that those who framed and adopted the
+Constitution, having in immediate view the depreciated paper of the
+Confederacy--of which $500 in paper were at times only equal to $1 in
+coin--intended to prevent the recurrence of similar evils, so far at
+least as related to the transactions of the new Government. They gave
+to Congress express powers to coin money and to regulate the value
+thereof and of foreign coin; they refused to give it power to establish
+corporations--the agents then as now chiefly employed to create a paper
+currency; they prohibited the States from making anything but gold
+and silver a legal tender in payment of debts; and the First Congress
+directed by positive law that the revenue should be received in nothing
+but gold and silver.
+
+Public exigency at the outset of the Government, without direct
+legislative authority, led to the use of banks as fiscal aids to the
+Treasury. In admitted deviation from the law, at the same period and
+under the same exigency, the Secretary of the Treasury received their
+notes in payment of duties. The sole ground on which the practice
+thus commenced was then or has since been justified is the certain,
+immediate, and convenient exchange of such notes for specie. The
+Government did, indeed, receive the inconvertible notes of State banks
+during the difficulties of war, and the community submitted without a
+murmur to the unequal taxation and multiplied evils of which such a
+course was productive. With the war this indulgence ceased, and the
+banks were obliged again to redeem their notes in gold and silver. The
+Treasury, in accordance with previous practice, continued to dispense
+with the currency required by the act of 1789, and took the notes of
+banks in full confidence of their being paid in specie on demand; and
+Congress, to guard against the slightest violation of this principle,
+have declared by law that if notes are paid in the transactions of the
+Government it must be under such circumstances as to enable the holder
+to convert them into specie without depreciation or delay.
+
+Of my own duties under the existing laws, when the banks suspended
+specie payments, I could not doubt. Directions were immediately given
+to prevent the reception into the Treasury of anything but gold and
+silver, or its equivalent, and every practicable arrangement was made
+to preserve the public faith by similar or equivalent payments to
+the public creditors. The revenue from lands had been for some time
+substantially so collected under the order issued by directions of my
+predecessor. The effects of that order had been so salutary and its
+forecast in regard to the increasing insecurity of bank paper had become
+so apparent that even before the catastrophe I had resolved not to
+interfere with its operation. Congress is now to decide whether the
+revenue shall continue to be so collected or not.
+
+The receipt into the Treasury of bank notes not redeemed in specie on
+demand will not, I presume, be sanctioned. It would destroy without the
+excuse of war or public distress that equality of imposts and identity
+of commercial regulation which lie at the foundation of our Confederacy,
+and would offer to each State a direct temptation to increase its
+foreign trade by depreciating the currency received for duties in its
+ports. Such a proceeding would also in a great degree frustrate the
+policy so highly cherished of infusing into our circulation a larger
+proportion of the precious metals--a policy the wisdom of which none can
+doubt, though there may be different opinions as to the extent to which
+it should be carried. Its results have been already too auspicious and
+its success is too closely interwoven with the future prosperity of
+the country to permit us for a moment to contemplate its abandonment.
+We have seen under its influence our specie augmented beyond eighty
+millions, our coinage increased so as to make that of gold amount,
+between August, 1834, and December, 1836, to $10,000,000, exceeding
+the whole coinage at the Mint during the thirty-one previous years.
+
+The prospect of further improvement continued without abatement until
+the moment of the suspension of specie payments. This policy has now,
+indeed, been suddenly checked, but is still far from being overthrown.
+Amidst all conflicting theories, one position is undeniable--the
+precious metals will invariably disappear when there ceases to be
+a necessity for their use as a circulating medium. It was in strict
+accordance with this truth that whilst in the month of May last they
+were everywhere seen and were current for all ordinary purposes they
+disappeared from circulation the moment the payment of specie was
+refused by the banks and the community tacitly agreed to dispense with
+its employment. Their place was supplied by a currency exclusively of
+paper, and in many cases of the worst description. Already are the bank
+notes now in circulation greatly depreciated, and they fluctuate in
+value between one place and another, thus diminishing and making
+uncertain the worth of property and the price of labor, and failing to
+subserve, except at a heavy loss, the purposes of business. With each
+succeeding day the metallic currency decreases; by some it is hoarded
+in the natural fear that once parted with it can not be replaced, while
+by others it is diverted from its more legitimate uses for the sake
+of gain. Should Congress sanction this condition of things by making
+irredeemable paper money receivable in payment of public dues, a
+temporary check to a wise and salutary policy will in all probability
+be converted into its absolute destruction.
+
+It is true that bank notes actually convertible into specie may be
+received in payment of the revenue without being liable to all these
+objections, and that such a course may to some extent promote individual
+convenience--an object always to be considered where it does not
+conflict with the principles of our Government or the general welfare
+of the country. If such notes only were received, and always under
+circumstances allowing their early presentation for payment, and if at
+short and fixed periods they were converted into specie to be kept by
+the officers of the Treasury, some of the most serious obstacles to
+their reception would perhaps be removed. To retain the notes in the
+Treasury would be to renew under another form the loans of public money
+to the banks, and the evils consequent thereon.
+
+It is, however, a mistaken impression that any large amount of specie
+is required for public payments. Of the seventy or eighty millions
+now estimated to be in the country, ten millions would be abundantly
+sufficient for that purpose provided an accumulation of a large amount
+of revenue beyond the necessary wants of the Government be hereafter
+prevented. If to these considerations be added the facilities which will
+arise from enabling the Treasury to satisfy the public creditors by its
+drafts or notes receivable in payment of the public dues, it may be
+safely assumed that no motive of convenience to the citizen requires
+the reception of bank paper.
+
+To say that the refusal of paper money by the Government introduces an
+unjust discrimination between the currency received by it and that used
+by individuals in their ordinary affairs is, in my judgment, to view it
+in a very erroneous light. The Constitution prohibits the States from
+making anything but gold and silver a tender in the payment of debts,
+and thus secures to every citizen a right to demand payment in the legal
+currency. To provide by law that the Government will only receive its
+dues in gold and silver is not to confer on it any peculiar privilege,
+but merely to place it on an equality with the citizen by reserving to
+it a right secured to him by the Constitution. It is doubtless for this
+reason that the principle has been sanctioned by successive laws from
+the time of the first Congress under the Constitution down to the last.
+Such precedents, never objected to and proceeding from such sources,
+afford a decisive answer to the imputation of inequality or injustice.
+
+But in fact the measure is one of restriction, not of favor. To forbid
+the public agent to receive in payment any other than a certain kind of
+money is to refuse him a discretion possessed by every citizen. It may
+be left to those who have the management of their own transactions to
+make their own terms, but no such discretion should be given to him who
+acts merely as an agent of the people--who is to collect what the law
+requires and to pay the appropriations it makes. When bank notes are
+redeemed on demand, there is then no discrimination in reality, for the
+individual who receives them may at his option substitute the specie for
+them; he takes them from convenience or choice. When they are not so
+redeemed, it will scarcely be contended that their receipt and payment
+by a public officer should be permitted, though none deny that right
+to an individual; if it were, the effect would be most injurious to
+the public, since their officer could make none of those arrangements
+to meet or guard against the depreciation which an individual is at
+liberty to do. Nor can inconvenience to the community be alleged as
+an objection to such a regulation. Its object and motive are their
+convenience and welfare.
+
+If at a moment of simultaneous and unexpected suspension by the banks
+it adds something to the many embarrassments of that proceeding, yet
+these are far overbalanced by its direct tendency to produce a wider
+circulation of gold and silver, to increase the safety of bank paper,
+to improve the general currency, and thus to prevent altogether such
+occurrences and the other and far greater evils that attend them.
+
+It may indeed be questioned whether it is not for the interest of the
+banks themselves that the Government should not receive their paper.
+They would be conducted with more caution and on sounder principles.
+By using specie only in its transactions the Government would create a
+demand for it, which would to a great extent prevent its exportation,
+and by keeping it in circulation maintain a broader and safer basis for
+the paper currency. That the banks would thus be rendered more sound
+and the community more safe can not admit of a doubt.
+
+The foregoing views, it seems to me, do but fairly carry out the
+provisions of the Federal Constitution in relation to the currency, as
+far as relates to the public revenue. At the time that instrument was
+framed there were but three or four banks in the United States, and had
+the extension of the banking system and the evils growing out of it
+been foreseen they would probably have been specially guarded against.
+The same policy which led to the prohibition of bills of credit by the
+States would doubtless in that event have also interdicted their issue
+as a currency in any other form. The Constitution, however, contains no
+such prohibition; and since the States have exercised for nearly half
+a century the power to regulate the business of banking, it is not to
+be expected that it will be abandoned. The whole matter is now under
+discussion before the proper tribunal--the people of the States. Never
+before has the public mind been so thoroughly awakened to a proper
+sense of its importance; never has the subject in all its bearings
+been submitted to so searching an inquiry. It would be distrusting the
+intelligence and virtue of the people to doubt the speedy and efficient
+adoption of such measures of reform as the public good demands. All
+that can rightfully be done by the Federal Government to promote the
+accomplishment of that important object will without doubt be performed.
+
+In the meantime it is our duty to provide all the remedies against a
+depreciated paper currency which the Constitution enables us to afford.
+The Treasury Department on several former occasions has suggested the
+propriety and importance of a uniform law concerning bankruptcies of
+corporations and other bankers. Through the instrumentality of such a
+law a salutary check may doubtless be imposed on the issues of paper
+money and an effectual remedy given to the citizen in a way at once
+equal in all parts of the Union and fully authorized by the
+Constitution.
+
+The indulgence granted by Executive authority in the payment of bonds
+for duties has been already mentioned. Seeing that the immediate
+enforcement of these obligations would subject a large and highly
+respectable portion of our citizens to great sacrifices, and believing
+that a temporary postponement could be made without detriment to other
+interests and with increased certainty of ultimate payment, I did not
+hesitate to comply with the request that was made of me. The terms
+allowed are to the full extent as liberal as any that are to be found
+in the practice of the executive department. It remains for Congress to
+decide whether a further postponement may not with propriety be allowed;
+and if so, their legislation upon the subject is respectfully invited.
+
+The report of the Secretary of the Treasury will exhibit the condition
+of these debts, the extent and effect of the present indulgence, the
+probable result of its further extension on the state of the Treasury,
+and every other fact necessary to a full consideration of the subject.
+Similar information is communicated in regard to such depositories of
+the public moneys as are indebted to the Government, in order that
+Congress may also adopt the proper measures in regard to them.
+
+The receipts and expenditures for the first half of the year and an
+estimate of those for the residue will be laid before you by the
+Secretary of the Treasury. In his report of December last it was
+estimated that the current receipts would fall short of the expenditures
+by about $3,000,000. It will be seen that the difference will be much
+greater. This is to be attributed not only to the occurrence of greater
+pecuniary embarrassments in the business of the country than those
+which were then predicted, and consequently a greater diminution in
+the revenue, but also to the fact that the appropriations exceeded by
+nearly six millions the amount which was asked for in the estimates
+then submitted. The sum necessary for the service of the year, beyond
+the probable receipts and the amount which it was intended should be
+reserved in the Treasury at the commencement of the year, will be about
+six millions. If the whole of the reserved balance be not at once
+applied to the current expenditures, but four millions be still kept
+in the Treasury, as seems most expedient for the uses of the Mint and
+to meet contingencies, the sum needed will be ten millions.
+
+In making this estimate the receipts are calculated on the supposition
+of some further extension of the indulgence granted in the payment of
+bonds for duties, which will affect the amount of the revenue for the
+present year to the extent of two and a half millions.
+
+It is not proposed to procure the required amount by loans or increased
+taxation. There are now in the Treasury $9,367,214, directed by the act
+of the 23d of June, 1836, to be deposited with the States in October
+next. This sum, if so deposited, will be subject under the law to be
+recalled if needed to defray existing appropriations; and as it is now
+evident that the whole, or the principal part, of it will be wanted
+for that purpose, it appears most proper that the deposit should be
+withheld. Until the amount can be collected from the banks, Treasury
+notes may be temporarily issued, to be gradually redeemed as it is
+received.
+
+I am aware that this course may be productive of inconvenience to many
+of the States. Relying upon the acts of Congress which held out to
+them the strong probability, if not the certainty, of receiving this
+installment, they have in some instances adopted measures with which
+its retention may seriously interfere. That such a condition of things
+should have occurred is much to be regretted. It is not the least among
+the unfortunate results of the disasters of the times; and it is for
+Congress to devise a fit remedy, if there be one. The money being
+indispensable to the wants of the Treasury, it is difficult to conceive
+upon what principle of justice or expediency its application to that
+object can be avoided. To recall any portion of the sums already
+deposited with the States would be more inconvenient and less efficient.
+To burden the country with increased taxation when there is in fact a
+large surplus revenue would be unjust and unwise; to raise moneys by
+loans under such circumstances, and thus to commence a new national
+debt, would scarcely be sanctioned by the American people.
+
+The plan proposed will be adequate to all our fiscal operations during
+the remainder of the year. Should it be adopted, the Treasury, aided by
+the ample resources of the country, will be able to discharge punctually
+every pecuniary obligation. For the future all that is needed will be
+that caution and forbearance in appropriations which the diminution of
+the revenue requires and which the complete accomplishment or great
+forwardness of many expensive national undertakings renders equally
+consistent with prudence and patriotic liberality.
+
+The preceding suggestions and recommendations are submitted in the
+belief that their adoption by Congress will enable the executive
+department to conduct our fiscal concerns with success so far as their
+management has been committed to it. Whilst the objects and the means
+proposed to attain them are within its constitutional powers and
+appropriate duties, they will at the same time, it is hoped, by their
+necessary operation, afford essential aid in the transaction of
+individual concerns, and thus yield relief to the people at large in
+a form adapted to the nature of our Government. Those who look to the
+action of this Government for specific aid to the citizen to relieve
+embarrassments arising from losses by revulsions in commerce and credit
+lose sight of the ends for which it was created and the powers with
+which it is clothed. It was established to give security to us all
+in our lawful and honorable pursuits, under the lasting safeguard of
+republican institutions. It was not intended to confer special favors on
+individuals or on any classes of them, to create systems of agriculture,
+manufactures, or trade, or to engage in them either separately or in
+connection with individual citizens or organized associations. If
+its operations were to be directed for the benefit of any one class,
+equivalent favors must in justice be extended to the rest, and the
+attempt to bestow such favors with an equal hand, or even to select
+those who should most deserve them, would never be successful.
+
+All communities are apt to look to government for too much. Even in
+our own country, where its powers and duties are so strictly limited,
+we are prone to do so, especially at periods of sudden embarrassment
+and distress. But this ought not to be. The framers of our excellent
+Constitution and the people who approved it with calm and sagacious
+deliberation acted at the time on a sounder principle. They wisely
+judged that the less government interferes with private pursuits the
+better for the general prosperity. It is not its legitimate object to
+make men rich or to repair by direct grants of money or legislation in
+favor of particular pursuits losses not incurred in the public service.
+This would be substantially to use the property of some for the benefit
+of others. But its real duty--that duty the performance of which makes
+a good government the most precious of human blessings--is to enact and
+enforce a system of general laws commensurate with, but not exceeding,
+the objects of its establishment, and to leave every citizen and every
+interest to reap under its benign protection the rewards of virtue,
+industry, and prudence.
+
+I can not doubt that on this as on all similar occasions the Federal
+Government will find its agency most conducive to the security and
+happiness of the people when limited to the exercise of its conceded
+powers. In never assuming, even for a well-meant object, such powers as
+were not designed to be conferred upon it, we shall in reality do most
+for the general welfare. To avoid every unnecessary interference with
+the pursuits of the citizen will result in more benefit than to adopt
+measures which could only assist limited interests, and are eagerly,
+but perhaps naturally, sought for under the pressure of temporary
+circumstances. If, therefore, I refrain from suggesting to Congress any
+specific plan for regulating the exchanges of the country, relieving
+mercantile embarrassments, or interfering with the ordinary operations
+of foreign or domestic commerce, it is from a conviction that such
+measures are not within the constitutional province of the General
+Government, and that their adoption would not promote the real and
+permanent welfare of those they might be designed to aid.
+
+The difficulties and distresses of the times, though unquestionably
+great, are limited in their extent, and can not be regarded as affecting
+the permanent prosperity of the nation. Arising in a great degree from
+the transactions of foreign and domestic commerce, it is upon them
+that they have chiefly fallen. The great agricultural interest has in
+many parts of the country suffered comparatively little, and, as if
+Providence intended to display the munificence of its goodness at the
+moment of our greatest need, and in direct contrast to the evils
+occasioned by the waywardness of man, we have been blessed throughout
+our extended territory with a season of general health and of uncommon
+fruitfulness. The proceeds of our great staples will soon furnish the
+means of liquidating debts at home and abroad, and contribute equally
+to the revival of commercial activity and the restoration of commercial
+credit. The banks, established avowedly for its support, deriving their
+profits from it, and resting under obligations to it which can not be
+overlooked, will feel at once the necessity and justice of uniting their
+energies with those of the mercantile interest.
+
+The suspension of specie payments at such a time and under such
+circumstances as we have lately witnessed could not be other than a
+temporary measure, and we can scarcely err in believing that the period
+must soon arrive when all that are solvent will redeem their issues
+in gold and silver. Dealings abroad naturally depend on resources and
+prosperity at home. If the debt of our merchants has accumulated or
+their credit is impaired, these are fluctuations always incident to
+extensive or extravagant mercantile transactions. But the ultimate
+security of such obligations does not admit of question. They are
+guaranteed by the resources of a country the fruits of whose industry
+afford abundant means of ample liquidation, and by the evident interest
+of every merchant to sustain a credit hitherto high by promptly applying
+these means for its preservation.
+
+I deeply regret that events have occurred which require me to ask your
+consideration of such serious topics. I could have wished that in making
+my first communication to the assembled representatives of my country
+I had nothing to dwell upon but the history of her unalloyed prosperity.
+Since it is otherwise, we can only feel more deeply the responsibility
+of the respective trusts that have been confided to us, and under the
+pressure of difficulties unite in invoking the guidance and aid of the
+Supreme Ruler of Nations and in laboring with zealous resolution to
+overcome the difficulties by which we are environed.
+
+It is under such circumstances a high gratification to know by
+long experience that we act for a people to whom the truth, however
+unpromising, can always be spoken with safety; for the trial of whose
+patriotism no emergency is too severe, and who are sure never to
+desert a public functionary honestly laboring for the public good.
+It seems just that they should receive without delay any aid in their
+embarrassments which your deliberations can afford. Coming directly from
+the midst of them, and knowing the course of events in every section of
+our country, from you may best be learnt as well the extent and nature
+of these embarrassments as the most desirable measures of relief.
+
+I am aware, however, that it is not proper to detain you at present
+longer than may be demanded by the special objects for which you are
+convened. To them, therefore, I have confined my communication; and
+believing it will not be your own wish now to extend your deliberations
+beyond them, I reserve till the usual period of your annual meeting that
+general information on the state of the Union which the Constitution
+requires me to give.
+
+M. VAN BUREN.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _September 7, 1837_.
+
+_To the Senate of the United States_:
+
+I transmit, for the consideration of the Senate with a view to its
+ratification, a general convention of peace, friendship, commerce,
+and navigation between the United States and the Peru-Bolivian
+Confederation, signed at Lima on the 30th of November, 1836, by Samuel
+Larned, the charge d'affaires of the United States, and J. Garcia del
+Rio, minister of state in the department of finance of the North
+Peruvian State.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _September 19, 1837_.
+
+Hon. R.M. JOHNSON.
+
+SIR: I have the honor to inclose a report of the Secretary of War, on
+the subject of the resolution of the Senate of the 2d of March, 1837.[1]
+
+Very respectfully, your obedient servant,
+
+M. VAN BUREN.
+
+[Footnote 1: Whether the works at Black Rock raise the waters of Lake
+Erie to the injury of property on its southern and western shores.]
+
+
+
+WASHINGTON, _September 26, 1837_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report from the
+Secretary of State, accompanied by copies of the correspondence
+requested by their resolution of the 13th instant.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, September 25, 1837_.
+
+The Secretary of State, to whom was referred the resolution of the House
+of Representatives dated the 13th instant, requesting the President to
+communicate to that body, "so far as the public interest will permit,
+the correspondence between the Government of the United States and that
+of Great Britain relating to the northeastern boundary of the United
+States since the message of the late President to the Senate of the
+United States of the 15th of June, 1836, and all the correspondence
+which has taken place since that period between the Government of the
+United States and the governor of the State of Maine on the subject
+of alleged aggressions upon the rights of Maine by the British
+authorities," has the honor respectfully to submit to the President
+copies of the letters and documents requested by that resolution.
+
+JOHN FORSYTH.
+
+
+
+STATE OF MAINE, EXECUTIVE DEPARTMENT,
+
+_Augusta, March 30, 1837_.
+
+SIR: In compliance with a request of the legislature of this State,
+I have the honor to transmit to you the accompanying report and
+resolutions.
+
+I am, very respectfully, your obedient servant,
+
+ROBERT P. DUNLAP.
+
+
+
+STATE OF MAINE, HOUSE OF REPRESENTATIVES,
+
+_MARCH 29, 1837_.
+
+The joint select committee who had under consideration the order
+relating to the expediency of calling the attention of Congress to the
+subject of fortifying our maritime and interior frontier have attended
+to that duty, and ask leave to present the following report:
+
+One object of the federal compact is "to provide for the common defense
+and general welfare."
+
+In accordance with these objects of the compact, the General Government
+has from time to time made liberal appropriations for fortifying and
+defending the several States along our extended maritime frontier west
+and south of the western boundary line of this State. East of that line
+a mere trifle has as yet been appropriated for these objects.
+
+Maine has a maritime frontier of about 500 miles in extent, following
+the indentations of her shores, and our interior frontier, bounding on
+New Brunswick on the east and the Canadas on the north, is about 600
+miles in extent.
+
+Considering this great extent of seacoast, her numerous excellent
+harbors, her noble rivers and great advantages for shipbuilding, and
+her proximity to the fishing grounds, probably no State in the Union
+possesses the natural advantages for carrying on this branch of industry
+that Maine does.
+
+It is a fact worthy of consideration that all maritime nations have
+looked to their fisheries as the nursery of hardy seamen for the
+merchant service in time of peace and for the navy in time of war, and
+as a great question of national policy (aside from the inducement to
+encourage this branch of business as an unfailing source of natural
+wealth) it is deemed worthy of the fostering care of all commercial
+nations.
+
+Already the navigation of Maine is estimated at more than 300,000 tons,
+and exceeded by only two States in the Union, and her increase annually
+of tonnage is greater than that of any other State.
+
+The abundance of building materials, believed to be inexhaustible, her
+great conveniences for shipbuilding along her extended seacoast, her
+numerous bays, rivers, and harbors, render it highly probable that the
+day is not far distant when the maritime interests of Maine will exceed
+that of any of her sister States; and if reliance can be placed upon the
+statements of a scientific engineer of high respectability and standing,
+who has during the past year, under the direction of the government of
+this State and our parent Commonwealth, made a geological survey of
+a portion of our State, it may be doubted whether the same extent of
+territory on the continent contains more real value viewed in all its
+bearings (the facilities of quarrying, manufacturing, exporting, and
+its influence upon the great interests of the State and nation) than is
+contained in our inexhaustible quarries of granite, lime, marble, slate,
+etc., mines and minerals in which large and profitable investments are
+already made. Some of these branches of business have been carried on
+for many years, and others to a large extent are commencing under the
+most favorable auspices.
+
+These, together with our agricultural, commercial, and manufacturing
+interests, our immense forests of invaluable timber, with a water power
+of vast extent and value, giving us the means of laying the seaports
+of the Union under a contribution for ages to come, and warranting the
+belief that our present shipping interest will be sustained and employed
+and a great increase required.
+
+About one-third of the most valuable portion of our territory is claimed
+by Great Britain, and the history of this protracted controversy from
+its commencement to the present time is such as to awaken general
+anxiety. We are admonished by recent events that we have not yet reached
+the termination of our toils and embarrassments, and they have awakened
+the painful apprehension that our just rights may not be secured by
+honorable negotiation or patient submission to unprovoked injuries.
+These considerations, in the opinion of your committee, call loudly for
+the interposition of the General Government, and require at their hands
+all needful preparation for possible contingencies. The late Governor
+Lincoln nearly ten years since called the attention of the Government
+to the importance of erecting a strong fortification in some eligible
+position on the confines of that portion of our territory to which
+an adverse claim is set up by Great Britain. In the opinion of your
+committee, the subject has lost none of its interest since that
+period, but, on the contrary, the events to which we have alluded
+give to it vastly augmented importance; and to our view, irrespective
+of any conditions growing out of the present controversy, a strong
+fortification upon the northeastern boundary of the United States,
+situated far in the interior and upon the confines of a foreign country,
+and surrounded by millions of acres of fertile land, destined soon to
+be peopled with a numerous population of hardy yeomanry, is of high
+importance.
+
+Our isolated situation, being the northeastern boundary of the
+nation, with an interior frontier upward of 600 miles upon a foreign
+country and a large proportion of our territory lying between two
+Provinces of Great Britain and so situated as to render it greatly to
+the advantage of that nation to possess it; the inflexible determination
+which she manifests to pursue the course which interest dictates should
+not be forgotten; the extent of our seacoast; the exposed situation of
+our seaport towns, lying within a few hours' sail of the British naval
+depot in the neighborhood of Maine; the disastrous consequences of our
+defenseless situation during the last war; the great and increasing
+maritime interests which we have at stake without one single point where
+a ship, if dependent upon the United States fortifications, would be
+safe from the attacks of a frigate--these and the consideration that
+little, comparatively, has yet been done for Maine seem to our view to
+constitute irresistible reasons why Maine should no longer be forgotten
+or neglected in the common defense of the country.
+
+Through all the long-protracted struggles, difficulties, and
+embarrassments of our infant Republic this portion of our Union has
+never been urgent or importunate in pressing its claims, but has
+submitted patiently to the force of circumstances which rendered it
+necessary to defer them.
+
+But in the present altered condition of the country--the national debt
+paid off at a season of universal peace and unexampled prosperity, with
+an overburthened Treasury, and when it is deemed necessary to dispose
+of it to resort to measures which many eminent statesmen consider
+unwarranted by the Constitution and which a great portion of the people
+of the Union consider of doubtful policy--at such a period and under
+such circumstances it is difficult to perceive the justice of longer
+withholding suitable appropriations for the defense of Maine, and to
+our view it can only be withheld by doing violence to the principles
+of equal rights and by neglecting a plain constitutional duty.
+
+Your committee therefore submit the following resolutions.
+
+STEPHEN C. FOSTER,
+
+_Chairman_.
+
+
+STATE OF MAINE.
+
+RESOLVE relating to the fortification of frontier States.
+
+_Resolved_, That the obligation of the Federal Government, under
+the Constitution, when it has the means to erect suitable fortifications
+for the defense of the frontier of the States, is a practical duty not
+justly to be denied, evaded, neglected, or delayed.
+
+_Resolved_, That our Senators in Congress be instructed and our
+Representatives requested to use their influence to obtain liberal
+appropriations for the defense of Maine and the Union.
+
+_Resolved_, That the governor be requested to transmit copies of
+the above report and resolutions to the President and Vice-President,
+the Secretaries of State, Navy, and War, and to each of our Senators
+and Representatives in Congress.
+
+[Passed by both Houses and approved March 30, 1837.]
+
+
+
+STATE OF MAINE, EXECUTIVE DEPARTMENT,
+
+_Augusta, April 30, 1837_.
+
+His Excellency MARTIN VAN BUREN,
+
+_President of the United States_.
+
+SIR: In compliance with a request of the legislature of this State, I
+have the honor to transmit to Your Excellency the accompanying report
+and resolutions:
+
+In behalf of the State of Maine, I would respectfully, yet urgently,
+call on the President of the United States to cause the northeastern
+boundary of this State to be explored and surveyed and monuments erected
+in accordance with the request contained in the resolutions which are
+herewith communicated. As the subject is one in which the people of
+Maine have a deep interest, I feel a confidence it will commend itself
+to your early attention.
+
+With high consideration, I have the honor to be, your obedient servant,
+
+ROBERT P. DUNLAP.
+
+
+
+STATE OF MAINE, IN HOUSE OF REPRESENTATIVES,
+
+_FEBRUARY 2, 1837_.
+
+The joint committee to whom was referred so much of the governor's
+message as relates to the northeastern boundary, and the documents and
+evidence, together with an order of the two houses instructing the
+committee "to inquire into the expediency of providing by law for the
+appointment of commissioners on the part of this State, by the consent
+of the Government of the United States, to survey the line between this
+State and the Province of New Brunswick according to the treaty of 1783,
+to establish monuments in such places as shall be fixed by said
+commissioners and by commissioners to be appointed on the part of the
+Government of Great Britain, have attended to the duties assigned them
+with the industry and solicitude which the importance of the subject
+demanded. Could the committee have spared the time and had the means
+to obtain documents not within the jurisdiction of the State, and
+consequently out of its power, a more clear, methodical, and perfect
+view of the subject would have been presented; but as there had been
+hitherto so much procrastination and the impatience of the public,
+already great, was becoming more and more intense, your committee
+without further preamble or apology ask leave to present the following
+report:
+
+The legislature and people of Maine, we believe, will not contend that
+the treaty-making power of the United States does not extend to a final
+adjustment of a disputed and undefined line of boundary between a State
+and a foreign nation; _but we do insist_ that no power is granted by the
+Constitution of the United States to _limit_ or _change the boundary
+of a State or cede a part of its territory without its consent_. It is
+even by no means certain how far _such consent_ would enable the treaty
+authority to exert its powers. _Citizens_ might be made the subjects of
+a treaty transfer, and these citizens owing allegiance to the State and
+to the Union, and allegiance and protection being reciprocally binding,
+the right to transfer a citizen to a foreign government, to _sell_ him,
+might well be questioned as being inconsistent with the spirit of our
+free institutions. But be this as it may, Maine will never concede the
+principle that the President and two-thirds of the Senate can transfer
+its territory, much less its citizens, without its permission, given by
+its constitutional organs.
+
+Your committee, however, deem it but fair to admit that they have
+discovered no inclination in the General Government, or any department
+of it, to assume this power. On the contrary, the President has
+repeatedly declined the adoption of a conventional line deviating from
+the treaty of 1783, upon the express ground that it could not be done
+without the consent of Maine.
+
+It is due, nevertheless, to the State of Maine to say that the committee
+have no evidence that any conventional line has been proposed to them
+for their consent. It indeed appears that the consent of Maine had not
+been given to the adoption of any other boundary than that prescribed
+by the treaty of 1783 up to the 29th February, 1836, and we are well
+assured that no proposition for a different boundary has since that
+time been made to any department of the government of this State.
+
+The President of the United States on the 15th June last
+communicated to the Senate, in compliance with their resolution, a
+copy of the correspondence relative to the northeastern boundary. This
+correspondence embraced a period from the 21st July, 1832, to the 5th
+March, 1836.
+
+The opinion and advice of the King of the Netherlands, to whom the
+controversy was referred by the provisions of the treaty of Ghent, was
+made on the 10th January, 1831, and of the three questions submitted,
+viz, _the northeastern boundary, the northwesternmost head of Connecticut
+River_, and _the forty-fifth parallel of latitude_, he seems to have
+determined _but one_. He did decide that the source of the stream
+running into and through Connecticut Lake is the true northwest head of
+that river as intended by the treaty of 1783; and as to the rest, he
+_advises_ that it will be _convenient (il conviendra)_ to adopt the
+"Thalweg," the deepest channel of the St. John and St. Francis, for the
+north line, and that the forty-fifth degree is to be measured in order
+to mark out the boundary to the St. Lawrence, with a deviation so as to
+include Rouses Point within the United States. As to _the convenience_
+of establishing the St. John and St. Francis as the northern boundary of
+Maine, we have only to observe that however "convenient" it may be to
+Great Britain to obtain so large a portion of our territory and waters,
+it would certainly be very _inconvenient_ to us, and inasmuch as we are
+probably capable of judging of our own "convenience," and have never
+solicited _the advice_ of anyone on this point, it is scarcely to be
+expected that we shall be _advised_ to adopt a line so preposterous
+and injurious.
+
+It was in this view and in strict conformity with the Constitution
+conferring the treaty power that the President on the 7th December,
+1831, submitted to the Senate this "award" and "advice" of the King
+of the Netherlands. Senators were divided on a principal point, some
+insisting that to carry the award or opinion into effect was only _in
+execution_ of the treaty, and it therefore belonged exclusively to the
+President "to take care" that this "supreme law" was faithfully executed
+or to reject it altogether.
+
+But the prevailing opinion was that this "award" or "advice" was
+_perfecting an unfinished_ treaty, and that therefore it could not be
+effected by the President without "the advice and consent of the Senate,
+two-thirds of the members present concurring therein." So far from the
+concurrence of two-thirds _for_ the measure, there were _thirty-four_
+to _eight against_ it, and it was consequently rejected, and a
+recommendation to the President was adopted to open a new negotiation
+to determine the line of boundary according to the treaty of 1783.
+
+It is insisted by the British ministers that a due north line from the
+monument at the source of the St. Croix will intersect no highlands
+described in the treaty of 1783. Now this is an assumption by Great
+Britain totally unwarranted by any evidence. The boundaries bearing upon
+the question are thus given: "From the northwest angle of Nova Scotia,
+to wit, that angle which is formed by a line drawn due north from the
+source of the St. Croix River to the highlands; along the said highlands
+which divide _the rivers_ that empty themselves into the St. Lawrence
+from those which fall into the Atlantic Ocean, to the north westernmost
+head of Connecticut River"; "east by a line to be drawn along the middle
+of the river St. Croix from its mouth, in the Bay of Fundy, to its
+source, and from its source directly north to the aforesaid highlands
+which divide the rivers that fall into the Atlantic Ocean from those
+which fall into the St. Lawrence."
+
+The first object, starting place, or _terminus a quo_, is this
+_northwest angle of Nova Scotia_. It is the corner of the British
+Province _designated by themselves_. It was presumed, and it is still
+believed, that they knew the identical spot; we have a right to demand
+of them to define it. In the treaty of 1783 they were disposed to define
+it, and hence they say it is _that angle which is formed by a line drawn
+due north from the source of the St. Croix to those highlands which
+divide the rivers that flow into the St. Lawrence from those which flow
+into the Atlantic Ocean_.
+
+Nothing can be more clear than that the British negotiators of the
+treaty of 1783 had reference to their east and west line between Canada
+and Nova Scotia. This in 1755-56 was matter of controversy between
+France and England, the French claiming that it was far south and the
+British strenuously contending that these very highlands were even more
+north than we have endeavored to fix them.
+
+The controversy resulted in a war, which, after the capture of Quebec,
+was terminated by the peace of 1763, whereby Great Britain obtained both
+sides of the line, and she then established the north line of Nova
+Scotia about where we contend it should be. So far from admitting that
+a due north line from the monument will not intersect the highlands
+intended by the treaty of 1783, the State of Maine has always insisted,
+and still insists, that no known obstacle exists to the ascertaining and
+accurately defining them, and thus establishing the _terminus a quo, to
+wit, the northwest angle of Nova Scotia_. It would seem strange, indeed,
+that this line, so fully discussed and controverted between the English
+and French in 1755-56, should have been left unsettled still when both
+Provinces became British. It is impossible to imagine such ignorance of
+so important a point as this northwest angle, so often referred to and
+spoken of as a notorious monument.
+
+The peace of 1783 was considered by Great Britain as _a grant by metes
+and bounds_. The boundaries were prescribed, and this northwest angle
+was _the commencement_. Twenty years only before this (1763) Nova Scotia
+had been organized as a distinct Province, then including what are now
+Nova Scotia and New Brunswick, and this angle was referred to as a
+boundary without hesitancy or doubt. Indeed, the treaty itself, as if
+to make assurance doubly sure, fixed it where a due north line from the
+source of the St. Croix will intersect those highlands which divide
+the rivers which flow into the _river_ St. Lawrence from those which
+flow into the Atlantic Ocean. This source of the St. Croix has been
+determined and a monument fixed there by the commissioners under the
+fifth article of the treaty of 1795 (Jay's). Now the assumption that the
+north line from this monument will intersect or meet no such highlands
+is entirely gratuitous.
+
+The treaty does not speak of mountains nor even hills, but of
+"highlands" that divide rivers flowing different ways. It was well known
+that rivers did fall into the St. Lawrence and into the Atlantic, that
+these rivers would run _down_ and not _up_, and it was consequently
+inferred that the _land_ from whence these _rivers_ flowed must of
+necessity be _high_, and unless there are to be found in that region
+_geological phenomena_ which exist nowhere else on the face of the globe
+this inference is irresistible.
+
+The truth is that these highlands have been known and well understood by
+the British themselves ever since the grant of James I to Sir William
+Alexander, in 1621. The portion of the boundary there given which
+relates to this controversy is "from the western spring head of the St.
+Croix, by an imaginary line conceived to run through the land northward
+to the next road of Ships River or Spring discharging itself into the
+great river of Canada, and proceeding thence _eastward_ along the shores
+of the sea of the said river of Canada to the road, haven, or shore
+commonly called _Gaspeck_" (Gaspe).
+
+The cession of Canada by France made it necessary to define the limits
+of the Province of Quebec, and accordingly His Britannic Majesty, by his
+proclamation of 7th October, 1763, is thus explicit as to what affects
+this question: "Passing along the highlands which divide _the rivers_
+that empty themselves into the said _river_ St. Lawrence from those
+which fall into _the_ sea, and also _along the north coast of the Bay
+de Chaleurs_ and the coast of the _Gulf_ of the St. Lawrence to _Cape
+Rosiers_" etc.
+
+The act of Parliament of the fourteenth George III (1774) defines thus
+the south line of Canada: "South by a line from the Bay de Chaleurs
+along the highlands which divide the rivers that empty themselves into
+the river St. Lawrence from those which flow into _the sea_." The north
+line of the grant to Alexander is from the source of the St. Croix to
+the "spring head" or source of some river or stream which falls into
+the river St. Lawrence, and thence _eastward_ to Gaspe Bay, which
+communicates with the Gulf of St. Lawrence in latitude 49 deg. 30', and
+would make nearly an east and west line. The proclamation of 1763
+defines the _south_ line of the Province of Quebec as passing along the
+highlands which divide the rivers that fall into the St. Lawrence from
+those which fall into the sea, and also along the north coast of the
+Bay de Chaleurs to _the Gulf_ of St. Lawrence. This is the _south_
+boundary, and consequently in an _east_ and _west direction_; but it
+passes _north_ of Bay de Chaleurs, wherefore the south boundary of the
+Province must of necessity be north of Bay de Chaleurs. The eastern
+boundary is northerly by the Gulf of _Cape Rosiers_, in about latitude
+50 deg., longitude 64 deg. north of Gaspe Bay, and at the mouth of the river
+St. Lawrence, where it communicates with the gulf or sea. And the act
+of Parliament makes _this south side_ from this same bay along those
+highlands, and it must _inevitably run west_ or _it is no south_
+boundary. Now no one can doubt that in the proclamation of 1763 it
+was the intent to adopt Sir William Alexander's _northern_ for this
+_southern_ boundary of the Province of Quebec.
+
+Indeed, it appears in every commission to the governor of Nova Scotia
+and New Brunswick from 1763 to 1784, and after the treaty of peace of
+1783, that the Province of Nova Scotia extended to the southern boundary
+of the Province of Quebec. It then irresistibly and inevitably follows
+that a west line from the Bay de Chaleurs, intersecting a due north line
+from the monument, is the identical northwest angle. Now a line from
+Mars Hill direct to Cape Rosiers, instead of being _easterly_, would be
+north of northeast, _crossing_ the Bay de Chaleurs. But passing along
+its north coast, as the proclamation provides, the line from this Mars
+Hill must be more northerly still. Indeed, the pretense that a pyramidal
+spur or peak, such as this hill, should constitute the range of
+highlands mentioned in the treaty is so utterly visionary that it is
+entitled to _no sort of respect_.
+
+We may now by these facts and reflections give this inquiry a right
+direction, _to wit,_ to the ascertainment of the north boundary of Nova
+Scotia, which is the southern boundary of Canada. We have always been
+lured from this by the British negotiators to the _left_ or _west_ of
+this north line from the monument.
+
+No one who is in the least conversant with the subject can suppose for a
+moment that this northwest angle can be found in such a direction. The
+question for us is, Are there any highlands north of the Bay de Chaleurs
+extending _in a western direction toward_ a north line drawn from the
+monument? If this line westerly from the bay be not distinctly marked so
+far as to intersect this north line, the principle is to extend it in
+the same direction to the place of intersection; that is, if the line
+between Nova Scotia and Canada is _west_ to within, say, 30 miles of the
+north line from the monument, and the rest of the way is indefinite or
+obscure, extend it on in the same direction until you form a point of
+intersection, and this will be the northwest angle of Nova Scotia. But
+the truth is, _the highlands are there_, and have been found in running
+due north from the monument. The elevations were taken by the British
+surveyor from the source of the St. Croix, at the monument, to the first
+waters of the Restigouche; and at Mars Hill, 40 miles, the summit of
+this isolated sugar loaf was 1,100 feet, and at the termination of the
+survey at the Restigouche waters, 100 miles farther, the elevation was
+I,600 feet; consequently the summit of Mars Hill, 1,100 feet above the
+waters of the St. Croix, is 500 feet lower than the lands at the
+Restigouche. And yet the pretense is that there are no highlands but
+this detached spur, Mars Hill! Still further, the highest position
+surveyed is nearly 50 miles short of the Melis, which falls into the St.
+Lawrence, and we do not perceive that the elevations have been taken
+there at all, but we do find it is here that _the waters separate_, and
+consequently the land must be still higher.
+
+In failure of highlands (_assumed_ not to exist), the British
+negotiators claim a line which, instead of dividing the St. Lawrence
+and Atlantic waters, would actually extend between two rivers, _both
+of which fall into the Atlantic_.
+
+To say nothing of the absurdity, not to say ignorance, of such a claim,
+it is enough that it is in the teeth of the treaty itself. It is painful
+to repeat the argument that no other highlands were intended, for all
+others were expressly excluded but those which divide the waters that
+flow in those different directions. The effect of their construction,
+as we all know, is to give them the whole of the St. John, with all its
+tributaries, and a tract of territory south of that river equal at least
+to 75 miles square.
+
+Whether from the peaceful spirit of our Government, the Christian
+patience of Maine, or the "modest assurance" of the British
+negotiators--any or all--certain it is that His Britannic Majesty's
+pretensions _are growing every day_. It is not only an afterthought,
+but one very recently conceived, that we were to be driven south of
+the St. John.
+
+His Britannic Majesty's agent, Mr. Chipman, who has been lately urging
+us south of that river, was also agent to the commission, under the
+treaty of 1795, to ascertain the true St. Croix, and in insisting on
+a more _western_ branch of this river gives as a reason that a line
+due north will cross the St, John _farther up_, whereas if you take an
+_eastern_ branch such line will cross near Frederickton, the seat of
+government of New Brunswick, and materially infringe upon His Majesty's
+Province. He not only admits, but contends, that this north line _must_
+cross the river. Here are his words: "This north line must of necessity
+cross the river St. John." Mr. Liston, the British minister, in a
+private letter to Mr. Chipman of 23d October, 1798, recommends a
+modification of the powers of the commissioners for the reason that _it
+might give Great Britain a greater extent of navigation on the St. John
+River_. The same agent, Mr. Chipman, was also agent under the fourth
+article of the treaty of Ghent, and we find him contending there "that
+the northwest angle of Nova Scotia is the same designated in the grant
+to Sir William Alexander in 1621, subject only to such alterations as
+were occasioned by the erection of the Province of Quebec in 1763." Now
+we have already seen that this south line of the Province of Quebec, so
+far from _altering_ this northwest angle, in fact confirms it.
+
+In perfect accordance with this disposition to encroach is a proposition
+of the British minister (Mr. Vaughan) that inasmuch as the highlands can
+not be found by a due north direction from the monument we should _vary
+west_ until we should intersect them, _but not_ EAST. Now that in case a
+monument can not be found in the course prescribed you should look for
+it _at the left, but not to the right_, seems to us a very _sinister_
+proposition. We have shown, and, as we think, conclusively, that the
+range of highlands is to be looked for on British ground, and nowhere
+else, because it is their own boundary, and a line which must, with an
+ascertained north line, form the angle of one of their own Provinces.
+And yet we are not to examine there at all; we have never explored the
+country there, and are expected to yield to such arrogant, extravagant,
+and baseless pretensions!
+
+We would ask why, in what justice, if we can not find the object
+in the route prescribed, are we to be thus trammeled? Where is the
+_reciprocity_ of such a proposition, so degrading to the dignity and
+insulting to the rights and liberties of this State? No; the people of
+Maine will not now, and we trust they never will, tamely submit to such
+a _one-sided_ measure.
+
+The next restriction or limitation with which this negotiation is to be
+clogged is an admission that the Restigouche and St. John are not
+Atlantic rivers, because one flows into the Bay de Chaleurs and the
+other into the Bay of Fundy; yet neither falls into the river St.
+Lawrence. They would then find those highlands between the St. John and
+the Penobscot. There can not be a more arrogant pretension or palpable
+absurdity. Suppose the waters of both these rivers are excluded as
+flowing _neither way_, still the waters that flow _each way_ are so far
+separated as to leave a tract of country which, if equally divided,
+would carry us far beyond the St. John. But we admit no such hypothesis.
+The _Atlantic_ and the _sea_ are used in the charters as synonymous
+terms. The Restigouche, uniting with the Bay de Chaleurs, which
+communicates with the sea, and the St. John, uniting with the Bay of
+Fundy, which also communicates with the sea, and that, too, by a mouth
+90 miles wide, are both Atlantic rivers. These rivers were known by the
+negotiators not to be _St. Lawrence rivers;_ they were known to exist,
+for they were rivers of the first class. If they were neither St.
+Lawrence nor Atlantic, why were they not excepted? They were not of
+the former, therefore they must be included in the latter description.
+Indeed, if rivers uniting with Atlantic bays are not Atlantic rivers,
+the Penobscot and Kennebec, which unite with the respective bays of
+Penobscot and Sagadahock, would not be Atlantic rivers, and then where
+are those highlands which divide the waters referred to in the treaty
+of 1783? Should we leave this question unsettled a little longer, and
+the British claims continue to increase, we might very soon find these
+highlands south of the Connecticut, and all the intermediate country
+would be _recolonized_ by "construction." We therefore invoke the
+sympathy of all New England, with New York besides, to unite against
+this progressive claim--this avalanche which threatens to overwhelm
+_them as well as ourselves_.
+
+Again, if this Mars Hill (and we confess we can not speak of the
+pretension with any patience) _is the northwest angle_, and the north
+boundary of Nova Scotia and the south boundary of the Province of Quebec
+are the same, and north of the Bay de Chaleurs, then there is indeed
+_no_ northwest angle, for a line due north from the monument, passing by
+Mars Hill, must pursue nearly the same direction to get to the north of
+that bay without crossing it; and who ever thought of an angle at the
+side of a continuous line? Now, according to the British maps taken in
+this very case, you must run a course of north about 14 deg. east to obtain
+the north side of the bay without crossing it, and the distance would
+be in this almost due north direction more than 100 miles, while that
+from the monument to Mars Hill would be little more than 40. Now when we
+consider that this northerly line must form nearly a right angle to pass
+along the north shore of the Bay de Chaleurs, that this is 100 miles
+farther north than Mars Hill, where instead of an angle there can be
+only an inclination of 14 deg., can there be a greater absurdity than the
+British claim founded on these facts?
+
+We will now present some facts and remarks in regard to the surveys and
+explorings made by the commission under the fifth article of the treaty
+of Ghent, and the first fact that occurs is that the elevations taken
+by the British surveyor stop far short of where the waters divide, and
+we find no proof that these elevations were carried through by our own
+surveyors. If the British surveyor, after ascertaining _he was still
+ascending_ and had in fact arrived at the lands at _a branch of a river_
+elevated 500 feet above the summit of Mars Hill, _found it prudent to
+stop short_, we see no good reason why the American agent did _not
+proceed on_ and take accurate elevations at a place where the waters
+divide. If such a survey was made, the committee have not been able to
+obtain the evidence. It is not in the maps or documents in the library
+or office of the Secretary of State, and the committee believe that no
+such elevations have been taken northerly of the first waters of the
+Restigouche. It is, indeed, a little singular that we have so little
+evidence, not only in regard to this height of land, but also of the
+rivers which flow into the St. Lawrence _to the left_, and _especially
+to the right_, of the north line from the monument.
+
+We know some of them, to be sure, such as the _Oelle Kamouska, Verte,
+Trois Pistoles, Remouskey_, and _Metis_ on the left, and the _Blanche,
+Louis, Magdalen_, and others on the right of this line, but we know them
+chiefly as _on maps_ and as transcribed from older maps, but very little
+from actual survey or even exploration. An examination of the sources of
+those rivers at the right of this north line, with the important natural
+boundary, the north shore of the Bay de Chaleurs, would accurately
+define the divisional line between the Province of Quebec and Nova
+Scotia, which extending west would intersect the due north line and thus
+form the northwest angle of Nova Scotia.
+
+It moreover appears that little or no exploration has been made of the
+lands _east_ of the due north line. It seems strange to us, although it
+may be satisfactorily explained, why we should have been drawn away from
+this very important region. It is, indeed, the true source of inquiry.
+In this direction the evidence is to be found, and Maine can never be
+satisfied until it is looked for here.
+
+An extraordinary method of adjusting this question, though in
+perfect accordance with other pretensions, has been proposed by
+Great Britain--that the disputed territory should be divided in equal
+portions, each party being satisfied of the justice of its claims.
+To this proposition we can not subscribe. It is equally unjust between
+nations and individuals. Whether a party in controversy is satisfied
+or not with the justice of his claims is what is only known to himself,
+and consequently the one whose claims are most exorbitant, however
+unjust, will always get the best end of the bargain. But such a rule
+would in this case apply most unfortunately to Maine. We are limited at
+farthest to the St. Lawrence, and to a very narrow point there, while
+the British may extend their claims to the south and west indefinitely.
+Establish this principle and we shall soon find their claims, already
+so progressive, stretched over to the Piscataqua, and then if we are
+to divide equally both as to _quantity and quality_ the divisional line
+then would fall south of the Kennebec. If the want of the consent of
+Maine is the obstacle to such an adjustment, we trust it will always
+remain an insuperable one. Indeed, we protest against the application
+to us of such a rule as manifestly unequal and unjust.
+
+We come now to the recent transactions of the British colonial
+authorities, sanctioned, as it appears, by the Government at home, and
+we regret to perceive in them also those strong indications of continual
+and rapid encroachment which have characterized that Government in the
+whole of this controversy. Mr. Livingston, in his letter of 21st July,
+1832, proposes that "until the matter be brought to a final conclusion
+both parties should refrain from the exercise of jurisdiction," and
+Mr. Vaughan, in reply of 14th April, 1833, in behalf of his Government,
+"entirely concurs." Here, then, the faith of the two Governments _is
+pledged to_ abstain from acts of jurisdiction until all is settled. Now,
+how are the facts? We understand, and indeed it appears by documents
+herewith exhibited, that an act has passed the legislature of New
+Brunswick "incorporating the St. Andrews and Quebec Railroad Company,"
+that the King has granted, L10,000 to aid the enterprise, and that the
+legislature of Lower Canada, by its resolutions of both houses, has
+approved the scheme and promised its cooperation. It may be that the
+Government at home was not aware that this railroad must inevitably
+cross the disputed territory.
+
+But this ignorance of the subject seems incredible. A railroad from St.
+Andrews to Quebec would be _impossible_ unless it crossed the territory
+in question, even next to impossible and totally useless were it to pass
+at the north of the St. John. It seems, therefore, extraordinary indeed
+that the British Government, even in the incipient stages of this
+enterprise, should make an appropriation which is in direct violation
+of its solemn pledge. To give to a railroad corporation powers over our
+rights and property is the strongest act of sovereignty. It is an act of
+delegated power which we ourselves give to our own citizens with extreme
+caution and with guarded restrictions and reservations. This railroad
+_must_ not only cross the disputed territory, but it crosses it 50 miles
+south of the St. John and almost to the southerly extremity of the
+British claim, extravagant as it is. By the map herewith exhibited of
+the survey of the route it appears that the road crosses our due north
+line at Mars Hill, thence doubling round it toward the south it crosses
+the _Roostic_ between the Great and Little _Machias_, the _Allegwash_
+at the outlet of _First Lake_, a branch of the St. John south of _Black
+River_, and passes into Canada between "Spruce Hills" on the right and
+"Three Hills" on the left, thus crossing a tract of country south of the
+St. John 100 by 50 miles. We have not a copy of the act of incorporation
+of New Brunswick, and can not, therefore, say that the route there
+defined is the same as on the map. Be this as it may, certain it is, as
+anyone will see, that no possible route can be devised which will not
+cross the territory in question. It is, then, a deliberate act of power,
+palpable and direct, claiming and exercising sovereignty far south even
+of the line recommended by the King of the Netherlands.
+
+In all our inquiries and examinations of this subject there has been
+great negligence in regard to this northwest angle. Judge Benson, one of
+the commissioners under Jay's treaty, in a letter to the President of
+the United States expressly and clearly defines this angle. He states
+distinctly that the due north line from the source of the St. Croix is
+_the west-side line_, and the highlands are _the north-side line_ which
+form this angle, and this had never been questioned by the British
+themselves.
+
+This due north line, viz, the west-side line, was established by the
+commission of which Judge Benson was a member, and the British have made
+the north side line to be north of the Bay de Chaleurs, and yet with
+these postulates to pretend that the points of intersection can not be
+found is one of the greatest of their absurdities; and another absurdity
+quite equal is that after passing west along the north shore of this
+bay they would fall down nearly south more than 100 miles to Mars Hill,
+about 60 miles from the south shore of the Province, at the Bay of
+Passamaquoddy, which is part of the Bay of Fundy, and this point, too,
+of so little inclination that it is a palpable perversion of language
+to call it _an angle_, much more a northwest angle.
+
+It is, indeed, time for us to begin to search, and in the right places,
+too, in order to put a stop to these perpetual encroachments upon our
+territory and rights. Our first object should be to ascertain and trace
+the north boundary of Nova Scotia, which is the south boundary of the
+Province of Quebec, and see if Canada comes as far down as Mars Hill.
+And we should proceed to finish taking the elevations on the due north
+line to some point where the waters divide. The General Government
+should be immediately called on to execute the work, with the
+cooperation of Massachusetts and Maine. Notice should be given to the
+British authorities to unite in the undertaking, and if they refuse
+our Government ought to proceed _ex parte_. The act would be entirely
+pacific, as the object would be _to ascertain facts_--much more pacific
+than the survey, _without notice_, of the St. Andrews and Quebec
+Railroad through our territory, not for the purpose of ascertaining
+a boundary, but to assume jurisdiction.
+
+Your committee have gone through this tedious investigation with all the
+deliberation, exactness, and candor which our time, means, and feelings
+would allow. Our animadversions may in some instances have been strong,
+and even severe, but we think we have expressed the sentiments and
+feelings of the people of Maine, suffering under protracted injuries.
+This State should take a firm, deliberate, and dignified stand, and one
+which it will not retract. While it awards to the General Government
+all its legitimate powers, it will not be forgetful of its own. We call
+upon the President and Congress. We invoke that aid and sympathy of our
+sister States which Maine has always accorded to them. We ask, nay we
+demand, in the name of justice, HOW LONG we are to be thus trampled down
+by a foreign people? And we trust we shall meet a cordial and patriotic
+response in the heart of every republican of the Union.
+
+Your committee therefore submit the following resolutions:
+
+STATE OF MAINE.
+
+RESOLVES relative to the northeastern boundary.
+
+_Resolved_, That we view with much solicitude the British usurpations
+and encroachments on the northeastern part of the territory of this
+State.
+
+_Resolved_, That pretensions so groundless and extravagant indicate a
+spirit of hostility which we had no reason to expect from a nation with
+whom we are at peace.
+
+_Resolved_, That vigilance, resolution, firmness, and union on the part
+of this State are necessary in this state of the controversy.
+
+_Resolved_, That the governor be authorized and requested to call on the
+President of the United States to cause the northeastern boundary of
+this State to be explored and surveyed and monuments erected according
+to the _treaty_ of 1783.
+
+_Resolved_, That the cooperation of Massachusetts be requested.
+
+_Resolved_, That our Senators in Congress be _instructed_ and our
+Representatives _requested_ to endeavor to obtain a _speedy_ adjustment
+of the controversy.
+
+_Resolved_, That copies of this report and resolution be transmitted to
+the governor of Massachusetts, the President of the United States, to
+each of our Senators and Representatives in Congress, and other Senators
+in Congress, and the governors of the several States.
+
+[Passed house March 24, 1837; passed Senate and approved March 25, 1837.]
+
+
+
+STATE OF MAINE, EXECUTIVE DEPARTMENT,
+
+_Augusta, June 27, 1837_.
+
+His Excellency MARTIN VAN BUREN,
+
+_President of the United States_.
+
+SIR: I lose no time in communicating to Your Excellency a copy of a
+letter from Sir John Harvey, lieutenant-governor of the Province of New
+Brunswick, and also of a letter from J.A. Maclauchlan to Sir John
+Harvey, in relation to the arrest and imprisonment of Ebenezer S.
+Greely.
+
+I have the honor to be, with high consideration, your obedient servant,
+
+ROBERT P. DUNLAP.
+
+
+
+GOVERNMENT HOUSE,
+
+_Frederickton, New Brunswick, June 12, 1837_
+
+His Excellency the GOVERNOR OF THE STATE OF MAINE.
+
+SIR: Since I had the honor of addressing your excellency under date the
+6th instant, announcing my assumption of the administration of this
+government, a report has been laid before me by the warden of the
+disputed territory, copy of which I feel it to be an act of courtesy
+toward your excellency to lose no time in communicating to you.
+
+In including the territory within the limits of the British claim in the
+census which "Ebenezer Greely"' appears to have been instructed to take
+of the population of the county of "Penobscot" he has evidently acted in
+ignorance or under a misconception of the subsisting relations betwixt
+England and the United States of America, which I can not allow myself
+to doubt that your excellency will lose no time in causing to be
+explained and removed. Though necessarily committed to confinement,
+I have desired that every regard may be shown to Greely's personal
+convenience consistent with the position in which he has _voluntarily_
+placed himself. I use this expression because, as your excellency will
+observe, Greely was informed by the warden that if he would desist from
+the act in which he was engaged and the language which he was holding
+to the people of the Madawaska settlement (acts constituting not only
+an interference with the acknowledged rights of jurisdiction of this
+Province, but the positive exercise within its limits of actual
+jurisdiction, however unauthorized on the part of the State of Maine)
+and would withdraw from this district he should be allowed to do so;
+otherwise that in the discharge of the duties imposed upon him by his
+office he (the warden), who is in the commission of the peace, must
+be under the necessity of apprehending, in order to make him amenable
+to the laws of the Province. This proposal Greely rejected, and was
+accordingly committed to jail to be dealt with according to law. In the
+meantime, as an evidence of my desire to cultivate the most friendly
+understanding with the government of the State of which Greely is a
+citizen, I lose no time in saying that upon receiving an assurance from
+your excellency that your authority shall be exerted in restraining this
+or any other citizen of the State of Maine from adopting proceedings
+within the British limits (as claimed) calculated to infringe the
+authority and jurisdiction of this Province and to disturb and unsettle
+the minds of that portion of its inhabitants residing in the disputed
+territories until the question in dispute be brought to a final
+settlement Greely shall immediately be enlarged.
+
+Trusting that your excellency will see in this proposition an anxious
+desire on my part to redeem the pledge given in my communication of the
+6th instant, I have the honor to be, your excellency's most obedient,
+humble servant,
+
+J. HARVEY,
+
+_Major-General, Lieutenant-Governor, etc_.
+
+
+
+FREDERICKTON, NEW BRUNSWICK, _June 10, 1837_.
+
+His Excellency Major-General SIR JOHN HARVEY, K.C.H.,
+
+_Lieutenant-Governor, etc._:
+
+May it please your excellency: In obedience to your excellency's
+instructions, communicated to me through the advocate-general in the
+absence of the attorney and solicitor generals, I have now the honor to
+report for the information of your excellency that I proceeded with the
+least possible delay to the Madawaska settlement. On my arrival at the
+Great Falls, 130 miles from hence, I was informed the American citizen
+Ebenezer S. Greely had passed up the day previous for the purpose of
+again proceeding with the census of the inhabitants of Madawaska under
+authority from the State of Maine. Aware of the probable excitement
+that would naturally arise between the two governments from this
+circumstance, and at the same time fully convinced that His Majesty's
+Government would but regret any unnecessary misunderstanding during the
+pending negotiation, I thought it advisable to call upon Mr. Coombs,
+a magistrate residing 12 miles above the Falls, and request him to
+accompany me, which he readily did, to witness the conversation between
+Mr. Greely and myself.
+
+We then proceeded and overtook Mr. Greely a short distance above
+Green River, about 24 miles from the Falls, having ascertained by the
+inhabitants, as he passed up the river, that Mr. Greely was the whole
+of the previous day employed in taking down their names, number of each
+family, and stating they would shortly receive from the State of Maine a
+sum of money not exceeding $3 for each head of family out of the surplus
+revenue of the United States.
+
+I required Mr. Greely to show me his instructions for exercising
+authority in Madawaska, when he handed me a document, a copy of which
+I beg to inclose your excellency, and after perusing the same I returned
+it with my opinion that I really thought he (Mr. Greely) had mistaken
+the intention of his instructions, as no allusion was made either to
+that settlement or the territory in dispute, and therefore if he would
+then desist in taking the census I would take no notice of what had
+passed. Moreover, in reply to my advice and request, he (Mr. Greely)
+remonstrated and attempted to make it appear that he would be fully
+borne out by his government in what he had done, and it was also his
+intention to complete the census if he was not prevented; this reply
+I regret having left me no alternative but to make him a prisoner, which
+I did on Wednesday, the 7th instant. On Friday evening I arrived in
+Frederickton, and this morning (Saturday), by the advice of the
+advocate-generals, I committed him to the gaol of the county of York.
+
+I have the honor to be, your excellency's most obedient, humble servant,
+
+J.A. MACLAUCHLAN,
+
+_Warden of the Disputed Territory_.
+
+
+
+STATE OF MAINE, EXECUTIVE DEPARTMENT,
+
+_JUNE 19, 1837_.
+
+His Excellency MARTIN VAN BUREN,
+
+_President of the United States_.
+
+SIR: I have the honor to inclose to Your Excellency the copy of a letter
+which came to hand by the last mail, by which it appears that Ebenezer
+S. Greely, esq., the agent employed by the county commissioners for the
+county of Penobscot to take the census of the town of Madawaska, has
+been arrested by the authorities of the Province of New Brunswick and is
+now incarcerated in the jail at Frederickton.
+
+In this state of things it becomes my painful duty to make this
+communication to Your Excellency and to insist that prompt measures
+be adopted by the Government of the United States to effect the early
+release of the aforementioned citizen.
+
+I have the honor to be, with great respect, your obedient servant,
+
+ROBERT P. DUNLAP.
+
+
+
+FREDERICKTON, PROVINCE OF NEW BRUNSWICK,
+
+_June 12, 1837_.
+
+ROBERT P. DUNLAP, Esq.,
+
+_Governor of Maine_.
+
+SIR: On the 15th of May last I was appointed by the county
+commissioners of Penobscot County to take the census of Madawaska. On
+the 6th of June instant I was arrested by Mr. Maclauchlan, from this
+place, and committed to jail by him, and there I now remain--in the
+prison at Frederickton. I was committed on the 10th instant. I addressed
+a letter to you on the 10th, which has gone by the way of St. Andrews.
+Fearing that letter will not arrive soon, I write again to-day by way
+of Houlton. I have described my arrest more particularly in my first
+letter, which you will undoubtedly receive before long; therefore I
+only give the facts in this, having a chance, by the assistance of
+Mr. Lombard, of Hallowell, of forwarding this to Houlton privately.
+I was employed in business of the State, and do expect my Government
+will intercede and liberate me from prison in a foreign and adjacent
+Province. I shall be pleased to receive a line from you expressing your
+opinion, direction, etc.
+
+I remain, sir, respectfully, your obedient servant,
+
+EBRN'R S. GREELY.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, June 26, 1837_.
+
+His Excellency ROBERT P. DUNLAP, Esq.,
+
+_Governor of Maine_.
+
+SIR: I have the honor, by direction of the President, to acknowledge the
+receipt of your letter to him of the 19th instant, inclosing the copy of
+a communication dated the 12th of the same month addressed to you by
+Ebenezer S. Greely, esq., the agent employed by the county commissioners
+for the county of Penobscot to take the census of the town of Madawaska,
+from which it appears that he has been arrested by the authorities of
+the Province of New Brunswick and is now in confinement in the jail at
+Frederickton, and insisting that prompt measures be adopted by the
+Government of the United States to effect the early release of the
+above-named citizen.
+
+The circumstances attending this outrage as given in Mr. Greely's
+letter are not sufficient, in the view of the President, to warrant
+the interference of the Government at present. For what cause, at
+what place, and by what authority the arrest was made is not stated.
+The necessary explanations may be found, perhaps, in the previous
+communication which Mr. Greely refers to as having been addressed to you
+by him on the 10th June; if not, it is probable that you will easily be
+able to obtain explicit information from other sources and communicate
+it to this Department. It is indispensable that a full knowledge of
+all the facts illustrative of the case should be in possession of the
+Government before any formal application for redress can be properly
+preferred.
+
+In the meantime I have in conversation unofficially called the
+attention of Mr. Fox, the British minister at Washington, to this
+complaint, and he has given me an assurance that he will immediately
+address a representation on the subject to the governor of New Brunswick
+requesting, unless there shall be some very extraordinary reasons
+against it, that Mr. Greely may be set at liberty.
+
+I am, sir, your obedient servant,
+
+JOHN FORSYTH.
+
+
+
+STATE OF MAINE, EXECUTIVE DEPARTMENT,
+
+_Augusta, June 27, 1837_.
+
+Hon. JOHN FORSYTH,
+
+_Secretary of State of the United States_.
+
+SIR: I would respectfully solicit copies of all documents and papers
+in the Department of State of the United States in relation to the
+subject of the northeastern boundary, with the exception of such as were
+furnished this department by the General Government in the year 1827. It
+is understood that copies have been furnished relative to this subject
+down to the respective statements submitted by the two Governments to
+the King of the Netherlands, but the arguments we have not been
+furnished with.
+
+I am, very respectfully, your obedient servant,
+
+ROBERT P. DUNLAP.
+
+
+
+STATE OF MAINE, EXECUTIVE DEPARTMENT,
+
+_July 3, 1837_.
+
+Hon. JOHN FORSYTE,
+
+_Secretary of State of United States_.
+
+SIR: I have had the honor to receive yours of the 26th of June last,
+in which, by direction of the President, you indicate that the
+circumstances detailed in Mr. Greely's letter relative to his arrest
+and imprisonment are not of themselves without further explanation
+sufficient to justify the interference of the Government of the United
+States. This information is received with some surprise and much
+regret--surprise because I had understood Mr. Greely's communication to
+show that while employed within the limits of this State and under its
+authority on a business intrusted to him by the laws of the State he
+was, without being charged or suspected of any other offense, seized and
+transported to a foreign jail; regret inasmuch as the feelings of the
+people of this State have been strongly excited by this outrage upon the
+honor and sovereignty of Maine, and each additional day's confinement
+which that unoffending citizen endures is adding to the indignation of
+our citizens. I therefore hasten to lay before you a summary of the
+transactions connected with this subject as they are gathered from
+Mr. Greely's communications to this department. The facts are to be
+considered the less indisputable because they are in the main confirmed
+by the statements contained in the letter of the lieutenant-governor of
+the Province of New Brunswick, by whose order the imprisonment was made,
+and a copy of which I recently had the honor of transmitting to the
+President.
+
+On the 8th day of March last the legislature of this State passed an act
+relative to the surplus revenue, a copy of which is inclosed,[2] to the
+eleventh, twelfth, and thirteenth sections of which I beg leave to refer
+your attention. An additional act was passed on the 29th day of March
+last, a copy of which I also inclose.[2] By this last-named act it
+became the duty of the county commissioners of Penobscot County to cause
+an enumeration to be taken of the inhabitants of said county residing
+north of the surveyed and located townships. The tract thus defined
+comprised the town of Madawaska, which was incorporated by this State
+on the 15th of March, 1831. Pursuant to that requirement, the county
+commissioners of said county appointed Ebenezer S. Greely to perform
+that service, and, being duly commissioned, he forthwith proceeded to
+the place designated and entered upon the required operations. Being
+thus employed, he was on the 29th day of May last arrested by the
+authorities of the Province of New Brunswick and conveyed to Woodstock,
+in the county of Carleton, in said Province, but the sheriff of the
+county refused to commit him to jail, and he was accordingly discharged.
+He immediately returned to the Madawaska settlements to enter again upon
+the duty intrusted to him. On the 6th day of June last he was arrested
+a second time by the same authorities and committed to the jail at
+Frederickton. It is for this act of obedience to the laws of his
+government that Mr. Greely now lies incarcerated in a public jail in the
+Province of New Brunswick. Is not redress urgently called for? Must not
+this unoffending citizen be immediately released?
+
+Permit me, sir, to add my confident belief that the President on this
+presentation of the facts relative to this outrage upon the national as
+well as the State rights will not fail to demand the immediate release
+of Ebenezer S. Greely and to interpose suitable claims of indemnity for
+the wrongs so wantonly enforced upon him.
+
+I am, very respectfully, your obedient servant,
+
+ROBERT P. DUNLAP.
+
+[Footnote 2: Omitted.]
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, July 14, 1837_.
+
+Hon. ROBERT P. DUNLAP,
+
+_Governor of the State of Maine_.
+
+SIR: Your letter of the 3d instant has been received. The surprise you
+express that the information contained in the letter of Mr. Greely which
+accompanied your former communication was not considered sufficient
+to enable the President to make a formal application to the British
+Government for his release has probably arisen from your not having
+adverted particularly to the defects of his statement. It was not
+expressly mentioned for what offense the arrest was made nor where it
+took place--upon the territory in dispute between the United States and
+Great Britain or beyond it. The character of the charge and the place at
+which the offense was committed might have been inferred from what was
+stated, but you must perceive the impropriety of a formal complaint
+from one government to another founded upon inference when the means of
+ascertaining and presenting the facts distinctly were within the power
+of the party complaining; but although this Department felt itself
+constrained by these considerations to delay a formal application to
+the British Government for the release of Mr. Greely, it lost no time,
+as has been already stated, in procuring the interference to that
+end of the British minister near this Government; and I have now the
+satisfaction to inform you that I have learnt from him that he has
+opened a correspondence with the lieutenant-governor of New Brunswick,
+which it is expected will lead to the release of Greely from confinement
+without waiting for the decision of His Britannic Majesty's Government
+on the whole question.
+
+The information communicated to the Department since the receipt of
+your letter of the 3d instant is sufficiently explicit, and a note
+founded upon it has been, by direction of the President, addressed to
+Mr. Stevenson, instructing him to demand the immediate liberation of
+Mr. Greely and indemnity for his imprisonment.
+
+I have the honor to be, sir, your obedient servant,
+
+JOHN FORSYTH.
+
+P.S.--The papers asked for in your letter of the 27th ultimo will be
+sent to you.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, July 19, 1837_.
+
+Hon. ROBERT P. DUNLAP,
+
+_Governor of Maine_.
+
+SIR: In compliance with the request contained in your letter of the
+27th ultimo, I have the honor to transmit to you a printed volume
+containing a statement on the part of the United States of the case
+referred, in pursuance of the convention of the 29th September, 1827,
+between the said States and Great Britain to the King of the Netherlands
+for his decision thereon, and to refer you for such other papers and
+documents in relation to the northeastern boundary as have not been
+specially furnished by this Department to the executive of Maine to the
+following numbers in the volumes of documents of the Senate and House
+of Representatives distributed under a resolution of Congress, and
+which have been from time to time transmitted to the several State
+governments, including that of Maine:
+
+Documents of the House of Representatives: First session Twentieth
+Congress, Nos. 217, 218; second session Twentieth Congress, No. 90;
+second session Twenty-third Congress, No. 62. Documents of the Senate:
+First session Twenty-fourth Congress, No. 414.
+
+I have the honor to be, sir, your obedient servant,
+
+JOHN FORSYTH.
+
+
+
+STATE OF MAINE, EXECUTIVE DEPARTMENT,
+
+_July 28, 1837_.
+
+His Excellency MARTIN VAN BUREN,
+
+_President of the United States_.
+
+SIR: Impelled by a sense of duty arising from the oversight committed to
+me of the rights and interests of this State, I beg leave to invite the
+attention of Your Excellency to the subject of the northeastern boundary
+of Maine. By the federal compact the obligation of defending each State
+against foreign invasion and of protecting it in the exercise of its
+jurisdictional rights up to its extreme line of boundary is devolved
+upon the National Government. Permit me respectfully to inform the
+President that in the opinion of the people of Maine the justice due
+to this State in this respect has not been rendered.
+
+Let it not be suspected that the discontents which are moving strongly
+and deeply through the public mind flow from any deficiency of
+attachment or practical adhesion to our National Government. Without
+appealing to the blood so freely poured out in war by the citizens of
+Maine, to the privations so cheerfully endured while the restrictive
+measures of the Government were prostrating the most important interests
+of this commercial people, or to the support of the Union so cordially
+given through every vicissitude up to the present hour, such a
+suspicion, if it could arise, would be sufficiently refuted by merely
+adverting to the forbearance with which they have so long endured the
+aggressions by a foreign government upon their sovereignty, their
+citizens, and their soil.
+
+It would be easy to prove that the territory of Maine extends to the
+highlands north of the St. John; but that point, having been not only
+admitted, but successful; demonstrated, by the Federal Government,
+needs not now to be discussed. Candor, however, requires me to say that
+this conceded and undeniable position ill accords with the proceedings
+in which the British authorities have for many years been indulged, and
+by which the rightful jurisdiction of Maine has been subverted, her
+lands ravaged of their most valuable products, and her citizens dragged
+beyond the limits of the State to undergo the sufferings and ignominies
+of a foreign jail. These outrages have been made known to the Federal
+Government; they have been the subject of repeated remonstrances by the
+State, and these remonstrances seem as often to have been contemned. It
+can not be deemed irrelevant for me here to ask, amid all these various
+impositions, and while Maine has been vigorously employed in sustaining
+the Union and in training her children to the same high standard of
+devotion to the political institutions of the country, what relief has
+been brought to us by the Federal Government. The invaders have not been
+expelled. The sovereignty and soil of the State are yet stained by the
+hostile machinations of resident emissaries of a foreign government. The
+territory and the jurisdiction of 6,000,000 acres, our title to which
+the Government of the United States has pronounced to be perfect, have,
+without the knowledge of Maine, been once put entirely at hazard. Grave
+discussions, treaty arrangements, and sovereign arbitration have been
+resorted to, in which Maine was not permitted to speak, and they have
+resulted not in removing the fictitious pretensions, but in supplying
+new encouragements to the aggressors. Diplomatic ingenuity, the only
+foundation of the British claim, has been arrayed against the perfect
+right. In the meantime a stipulation made by the Executive of the
+nation, without the knowledge of Maine, purported to preclude her
+from reclaiming her rightful jurisdiction until the slow process of a
+negotiation should be brought to a close. Whatever the real force of
+that stipulation might be, made as it was without the concurrence of the
+two branches of the treaty-making power, it was hoped when it expired
+by the closing up of that negotiation that a measure fraught with such
+hurtful consequences to Maine would not again be attempted; but that
+hope was to be disappointed, and now, by a compact of similar character,
+a writ of protection appears to have been spread by our own Government
+over the whole mass of British aggressions. What, then, has the Federal
+Government done for this State? May it not be said, in the language of
+another, "Maine has not been treated as she endeavored to deserve"?
+
+On the 22d day of April last I had the honor to transmit to Your
+Excellency certain resolves passed by the legislature of this State
+relative to the northeastern boundary, and in behalf of the State to
+call upon the President of the United States to cause the line to be
+explored and surveyed and monuments thereof erected. That this call,
+made by direction of the legislature, did not extend to the expulsion
+of invaders, but merely to the ascertainment of the treaty line, will,
+I trust, be viewed as it was designed to be, not only as an evidence
+of the continued forbearance of Maine, but as a testimonial of the
+confidence she cherished that the Federal Executive would protect
+the territory after its limitation should be ascertained. That this
+application would meet with favor from the Federal Executive was
+expected, more especially as Congress had made a specific appropriation
+for the purpose. I will not attempt to conceal the mortification I have
+realized that no reply has been made to that communication nor any
+measures taken, so far as my information extends, for effecting the
+object proposed.
+
+It now remains that in the exercise of that faithfulness for which
+I stand solemnly pledged to the people of Maine I should again commend
+to the attention of the National Executive this apparently unwelcome but
+really important subject.
+
+I have, therefore, the honor again to request that the President will
+cause the treaty line upon the northeastern limits of Maine to be run
+and marked, and I can not but hope that on a reexamination of the
+subject Your Excellency will concur with this State in relation to the
+rightfulness and the necessity of the measure proposed, as well as to
+all the remedies to be adopted for restoring to Maine the invaluable
+rights from which she has so long been debarred.
+
+I have the honor to be, with high consideration, your obedient servant,
+
+ROBERT P. DUNLAP.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, August 17, 1837_.
+
+His Excellency ROBERT P. DUNLAP,
+
+_Governor of the State of Maine_.
+
+SIR: Your letter of the 28th ultimo to the President was duly received.
+It has been referred to this Department with instructions to make a
+suitable reply.
+
+Your excellency is of opinion that the Federal Government has for a
+series of years failed to protect the State of Maine in the exercise of
+her jurisdictional rights to the extent of her boundary, and complains
+that these rights have been in consequence thereof subverted, the lands
+of the State ravaged of their most valuable productions, and her
+citizens subjected to imprisonment in a foreign jail. Your excellency
+particularly objects to the course of the Federal Government for having,
+without the knowledge of the State, put entirely at hazard the title of
+Maine, admitted by the Government of the United States to be perfect,
+to the territory in question by the resort to diplomatic discussions,
+treaty arrangements, and foreign arbitration in which Maine was not
+permitted to speak; for having entered into a stipulation without her
+consent purporting to preclude the State from retaining her rightful
+jurisdiction pending a negotiation, and for the continuance of it
+after that negotiation was supposed to have been concluded, and for
+an omission on the part of the Executive of the United States to comply
+with an application of the State made through her legislature to
+have the boundary line between Maine and the British North American
+possessions explored, surveyed, and monuments erected thereon in
+pursuance of the authority conferred on the President by Congress and
+of a request made by your excellency, which is now renewed.
+
+The views which your excellency has been pleased to take of the subject
+at this time embrace measures some of which have long since ceased to be
+operative and reach back to the propriety of the stipulations entered
+into by the treaty of Ghent, also of the subsequent negotiation designed
+to bring those stipulations to a satisfactory result in the mode
+prescribed by that treaty--that of arbitrament. It being, as your
+excellency states, the opinion of Maine that those proceedings were
+unjust and unwise, it is, in a matter in which she is so deeply
+interested, her undoubted right to say so; yet the President thinks
+that he can not be mistaken in believing that no practical good can at
+this time be expected from discussion between the Federal and State
+Governments upon those points. That the measures referred to have not
+been as fortunate in their results as was hoped is entirely true, but
+your excellency may nevertheless be assured that they had their origin
+in a sincere desire on the part of the Federal Government to discharge
+all its duties toward the State of Maine as a member of the Union, and
+were resorted to in the full belief that her just rights would be
+promoted by their adoption.
+
+In speaking of the restrictions imposed upon Maine in reclaiming her
+rightful jurisdiction your excellency doubtlessly refers to the
+understanding between the Federal Government and that of Great Britain
+that each party should abstain from the exercise of jurisdiction over
+the disputed territory during the pendency of negotiation. Unless it
+be correct to say that the controversy was one that did not admit of
+negotiation, and that the duty of the Federal Government consisted only
+in an immediate resort to maintain the construction put by itself upon
+its own rights and those of the State of Maine, there would seem to
+be no reasonable objection to such an arrangement as that alluded to,
+whether it be viewed in respect to the interests or the pacific and just
+characters of the respective Governments. That this arrangement was
+not abrogated at the period at which your excellency is understood to
+suppose that it ought to have been done, viz, upon the failure of a
+settlement of the controversy by arbitration, is explained by events of
+subsequent occurrence. When the award of the arbitrator was submitted by
+the late President to the Senate of the United States, that body refused
+its advice and consent to the execution of the award, and passed a
+resolution recommending to him to open a new negotiation with Great
+Britain for the ascertainment of the boundary according to the treaty
+of peace of 1783. That negotiation was forthwith entered upon by the
+Executive, is still pending, and has been prosecuted with unremitting
+assiduity. It is under such circumstances that the Federal Executive has
+decided upon a continued compliance with the arrangement referred to,
+and has insisted also upon its observance on the part of Great Britain.
+
+Considerations of a similar nature have induced the President to refrain
+hitherto from exercising the discretionary authority with which he is
+invested to cause the boundary line in dispute to be explored, surveyed,
+and monuments to be erected thereon. Coinciding with the government of
+Maine on the question of the true boundary between the British Provinces
+and the State, the President is yet bound by duty to consider the claim
+which has been set up by a foreign power in amity with the United States
+and the circumstances under which the negotiation for the adjustment
+of that claim has been transmitted to him. It could not be useful
+to examine the foundation of the British claim in a letter to your
+excellency. Respect for the authorities of a friendly nation compels us
+to admit that they have persuaded themselves that their claim is justly
+grounded. However that may be, the present President of the United
+States upon entering on the discharge of the duties of his office found
+that a distinct proposition had been made by his predecessor for the
+purpose of amicably settling this long-disputed controversy, to which no
+answer has yet been received. Under such circumstances the President was
+not able to satisfy himself, however anxious to gratify the people and
+the legislature of Maine, that a step like that recommended by them
+could be usefully or properly taken.
+
+The clause containing the specific appropriation made by the last
+Congress for exploring, surveying, and marking certain portions of the
+northeastern boundary of the United States, to which your excellency
+alludes, is by no means imperative in its character. The simple
+legislative act of placing a sum of money under the control of the
+Executive for a designated object is not understood to be a direction
+that it must in any event be immediately applied to the prosecution of
+that object. On the contrary, so far from implying that the end in view
+is to be attained at all hazards, it is believed that it merely vests a
+discretionary power in the President to carry out the views of Congress
+on his own responsibility should contingencies arise to render expedient
+the proposed expenditure.
+
+Under existing circumstances the President deems it proper to wait for
+the definitive answer of the British Government to the last proposition
+offered by the United States. When received, a further communication to
+your excellency may be found proper, and if so will be made without
+unnecessary delay.
+
+It can not be necessary to assure your excellency that the omission
+to reply to your communication forwarding to this Department the
+resolutions of the legislature of Maine did not in any degree arise
+either from a want of respect for their wishes or for the wishes of your
+excellency, or from indifference to the interests of the State. When
+these resolutions were received, there was every reason at no distant
+day to expect what is now daily looked for--a definitive answer to the
+proposition just alluded to, to which the attention of the British
+Government had been again forcibly invited about the time those
+resolutions were on their passage. Under this expectation a reply to
+the application from Maine was temporarily delayed; the more readily as
+about the time of its reception the Representatives of Maine, acting in
+reference to one of those resolutions, had a full and free conversation
+with the President. The most recent proceedings relative to the question
+of boundary were shown to them in this Department by his directions, and
+the occasion thus afforded was cheerfully embraced of offering frank and
+unreserved explanations of the President's views.
+
+Of the recent events which have called the attention of the State of
+Maine to the question of the northeastern boundary, and which have
+been brought by it to the notice of the President, one--the arrest
+and imprisonment of Mr. Greely--has already been made the subject of
+communication with your excellency. All that it was competent for the
+Federal Executive to do has been done. Redress has been demanded, will
+be insisted upon, and is expected from that authority from whom alone
+redress can properly be sought. The President has followed the same
+course that was pursued by one of his predecessors and which was
+understood to be satisfactory to the State of Maine under circumstances
+of a somewhat similar character. In respect to the other--the projected
+construction of a railroad between St. Andrews and Quebec--a
+representation has been addressed to the British Government stating that
+the proposed measure is inconsistent with the understanding between the
+two Governments to preserve the _status quo_ in the disputed territory
+until the question of boundary be satisfactorily adjusted, remonstrating
+against the project as contrary to the American claim and demanding a
+suspension of all further movements in execution of it. No answer has
+yet been received to this communication. From an informal conversation
+between the British minister at Washington and myself at the Department
+of State, the President is, however, firm in the conviction that the
+attempt to make the road in question will not be further prosecuted.
+
+I am, in conclusion, directed to inform you that however unbounded may
+be the confidence of the legislature and people of Maine in the justice
+of their claim to the boundary contended for by the United States, the
+President's is not less so; and your excellency may rest assured that
+no exertions have been or shall be spared on his part to bring to a
+favorable and speedy termination a question involving interests so
+highly important to Maine and to the Union.
+
+I have the honor to be, with high consideration, your excellency's
+obedient servant,
+
+JOHN FORSYTH.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, August 25, 1837_.
+
+His Excellency ROBERT P. DUNLAP,
+
+_Governor of Maine_.
+
+SIR: I have the honor to transmit to your excellency, by direction
+of the President, the copy of a note from the British minister
+at Washington, dated yesterday, stating that the Government of
+Her Britannic Majesty has been pleased to direct the immediate
+discontinuance by the colonial authorities of Lower Canada and New
+Brunswick, respectively, of all operations connected with the projected
+railroad between the cities of Quebec and St. Andrews.
+
+Mr. Fox took occasion on Wednesday last to inform me that Mr. Greely
+had been discharged from imprisonment at Frederickton, a fact of which
+doubtlessly your excellency has been some time since apprised.
+
+I have the honor to be, with high consideration, your excellency's
+obedient servant,
+
+JOHN FORSYTH.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, March 23, 1837_.
+
+HENRY S. FOX, Esq., etc.:
+
+The undersigned, Secretary of State of the United States, has the honor,
+by direction of the President, to invite the attention of Mr. Fox, His
+Britannic Majesty's envoy extraordinary and minister plenipotentiary,
+to a subject which from its high importance demands the prompt
+consideration of His Majesty's Government.
+
+It appears from representations and documents recently received at the
+Department of State that a number of inhabitants of the town of St.
+Andrews, in New Brunswick, associated themselves together in the year
+1835, by the name of the St. Andrews and Quebec Railroad Association,
+for the purpose of bringing into public notice the practicability of
+constructing a railway between those ports, and that sundry resolutions
+were passed in furtherance of this object; that the project was
+sanctioned and patronized by the governor in chief of British North
+America, the lieutenant-governors of New Brunswick and Nova Scotia, and
+the legislatures and people of the Provinces of Lower Canada and New
+Brunswick; that the route of the proposed railroad had been explored as
+far as the head waters of the St. John River by surveyors employed by
+the association; that an act has actually passed the legislature of
+New Brunswick incorporating this company, and that a similar act was
+expected to be passed in Lower Canada; that letters were addressed to
+the boards of trade of Quebec and Montreal requesting their cooperation;
+that these communications were favorably received, and that petitions
+had been forwarded to His Britannic Majesty, signed by committees of the
+association and by inhabitants of the cities of Quebec and Montreal,
+soliciting the construction of a railway between the ports above named,
+or the extension of royal aid and protection to the petitioners in the
+proposed undertaking.
+
+Without allowing himself for a moment to believe that His Britannic
+Majesty's Government will in any manner countenance the projected
+railroad from St. Andrews to Quebec when the slightest inspection of the
+map of the country which it crosses will show that its intended location
+would be for a great portion of the route an encroachment upon the
+territory in dispute between the United States and Great Britain, the
+President yet sees cause for painful surprise and deep regret in the
+fact that the civil authorities of His Majesty's Provinces on our
+northeastern borders should have lent their encouragement to or should
+in any wise have promoted an undertaking which if persevered in will
+inevitably lead to the most disastrous consequences. The object of the
+association from its inception was objectionable, since it could only be
+effected by entering upon territory the title to which was controverted
+and unsettled--a proceeding which could not fail to be offensive to the
+Government and people of the United States. Still more unjustifiable was
+the act of sovereignty giving to this company corporate powers over
+property known to be claimed by citizens of a friendly and neighboring
+State, and which constituted at the time the subject of an amicable
+negotiation between the Government of His Majesty and that of the
+United States. The President regrets to see in this step on the part of
+His Majesty's provincial authorities and subjects a most exceptionable
+departure from the principle of continuing to abstain during the
+progress of negotiation from any extension of the exercise of
+jurisdiction within the disputed territory on either side, the propriety
+of which has been hitherto so sedulously inculcated and so distinctly
+acquiesced in by both parties. An understanding that this principle
+should be observed by them was the natural result of the respective
+positions and pacific intentions of the two Governments, and could alone
+prevent the exercise of asserted rights by force. Without it the end of
+all negotiation on the subject would have been defeated. If, therefore,
+nothing had been said by either party relative to such an understanding,
+it would have been proper to infer that a tacit agreement to that effect
+existed between the two Governments. But the correspondence between them
+is sufficiently full and explicit to prevent all misconception. The
+views of both Governments in respect to it will be found in the letters
+of the Secretary of State to the minister of Great Britain dated the
+18th of January, 1826, 9th of January, 11th of March, and 11th of May,
+1829, and of the British minister to the Secretary of State dated 15th
+of November and 2d of December, 1825; 16th of January, 1827; 18th of
+February and 25th of March, 1828, and 14th of April, 1833, as well as
+in other communications, which it is deemed needless now to designate.
+
+The undersigned is directed by the President to inform Mr. Fox that
+the prosecution of the enterprise above referred to will be regarded
+by this Government as a deliberate infringement of the rights of the
+United States to the territory in question and as an unwarrantable
+assumption of jurisdiction therein by the British Government, and the
+undersigned is instructed to urge the prompt adoption of such measures
+as may be deemed most appropriate by His Majesty's Government to suspend
+any further movements in execution of the proposed railroad from St.
+Andrews to Quebec during the continuance of the pending negotiations
+between the two Governments relative to the northeastern boundary of
+the United States.
+
+The proceedings above alluded to, considered in connection with
+incidents on other parts of the disputed boundary line well known to
+His Majesty's ministers, would seem to render it indispensable to the
+maintenance of those liberal and friendly relations between the two
+countries which both Governments are so sincerely anxious to preserve
+that they should come to a speedy adjustment of the subject. The recent
+resolutions of the State of Maine, to which the projected railroad from
+St. Andrews to Quebec gave rise, requesting the President of the United
+States to cause the line established by the treaty of 1783 to be run and
+monuments to be established thereon, and the appropriation of $20,000
+by Congress at their late session to enable the Executive to carry that
+request into effect, with a subsequent earnest application from the
+Representatives of Maine for an immediate compliance with it, afford
+additional incentives to exertion to bring this controversy to a
+conclusion not to be disregarded by the President of the United States.
+
+The President therefore awaits with great anxiety the decision of His
+Majesty's Government on the proposition made by the undersigned to His
+Majesty's charge d'affaires at Washington in February, 1836, suggesting
+the river St. John, from its mouth to its source, as an eligible and
+convenient line of boundary. No small degree of disappointment has been
+felt that this decision, already long expected, has not been given, but
+the hope is entertained that the result of this protracted deliberation
+will prove favorable to the wishes of the President, and that even
+if that proposition be not acceded to by His Britannic Majesty some
+definitive offer looking to a prompt termination of the controversy
+will be made without further delay.
+
+The undersigned avails himself of this occasion to renew to Mr. Fox the
+assurance of his distinguished consideration.
+
+JOHN FORSYTH.
+
+
+
+WASHINGTON, _March 28, 1837_.
+  Hon. JOHN FORSYTH, etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has had the honor to receive the official note
+addressed to him under date of the 23d instant by Mr. Forsyth, Secretary
+of State of the United States, upon the subject of information received
+by the United States Government of a projected railroad between the
+cities of Quebec and St. Andrews, and upon certain other matters
+connected with the question of the boundary line between the United
+States and the British possessions in North America.
+
+The undersigned, in accordance with the wishes of the President
+signified in Mr. Forsyth's official note, will not fail immediately
+to convey that note to the knowledge of his Government at home; and he
+entertains no doubt that His Majesty's Government will proceed to the
+consideration of the several matters therein contained with the serious
+and ready attention that their importance deserves.
+
+The undersigned avails himself of this occasion to renew to Mr. Forsyth
+the assurance of his high esteem and consideration.
+
+H.S. FOX.
+
+
+
+WASHINGTON, _August 24, 1837_.
+
+Hon. JOHN FORSYTH, etc.
+
+SIR: With reference to the official note which, by direction of the
+President, you addressed to me on the 23d of March last, respecting a
+projected railroad between the cities of Quebec and St. Andrews, which
+it was apprehended would, if carried into effect, traverse a part of
+the territory at present in dispute between Great Britain and the
+United States, I am now enabled to inform you that, in consideration of
+the arguments and observations contained in your note, Her Majesty's
+Government has been pleased to direct the colonial authorities of
+Lower Canada and New Brunswick, respectively, to cause all operations
+connected with the above-mentioned project within the limits of the
+disputed territory to be immediately discontinued.
+
+I have the honor to be, sir, with high respect and consideration, your
+most obedient and humble servant,
+
+H.S. FOX.
+
+
+
+_Mr. Stevenson to Lord Palmerston_.
+
+[Extract.]
+
+23 PORTLAND PLACE, _August 10, 1837_.
+
+The undersigned will avail himself of the occasion to remind Lord
+Palmerston of the urgency which exists for the immediate and final
+adjustment of this long-pending controversy [respecting the northeastern
+boundary] and the increased obstacles which will be thrown in the way
+of its harmonious settlement by these repeated collisions of authority
+and the exercise of exclusive jurisdiction by either party within the
+disputed territory.
+
+He begs leave also to repeat to his lordship assurances of the
+earnest and unabated desire which the President feels that the
+controversy should be speedily and amicably settled, and to express the
+anxiety with which the Government of the United States is waiting the
+promised decision of Her Majesty's Government upon the proposition
+submitted to it as far back as July, 1836, and which the undersigned
+had been led to believe would long since have been given; and he has
+been further directed to say that should this proposition be disapproved
+the President entertains the hope that some new one, on the part of
+Her Majesty's Government, will immediately be made for the final and
+favorable termination of this protracted and deeply exciting
+controversy.
+
+The undersigned begs Lord Palmerston to receive renewed assurances of
+his distinguished consideration.
+
+A. STEVENSON.
+
+
+
+WASHINGTON, _September 26, 1837_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with that part of the resolution of the House of
+Representatives of the 9th of January last which relates to the
+diplomatic correspondence of the late William Tudor while charge
+d'affaires of the United States to Brazil, I transmit a report from
+the Secretary of State, together with the documents by which it was
+accompanied.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _September 30, 1837_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of the
+United States of the 13th instant, respecting an annexation of Texas to
+the United States, I transmit a report from the Secretary of State and
+the documents by which it was accompanied.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _September 30, 1837_.
+
+_To the House of Representatives of the United States_:
+
+I transmit to the House of Representatives a report of the Secretary of
+State, containing the information requested by their resolution of the
+19th instant, together with the documents by which the report was
+accompanied.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, September 29, 1837_.
+
+The PRESIDENT OF THE UNITED STATES:
+
+The Secretary of State, to whom was referred a resolution of the House
+of Representatives of the 19th instant, requesting the President to
+communicate to that House what measures have been adopted since the
+adjournment of the last Congress in relation to the tobacco trade
+between the United States and foreign countries, also such information
+as he may have received from our ministers or other agents abroad in
+relation to the same, has the honor to report that since the adjournment
+of the last Congress instructions have been given to the diplomatic
+representatives of this country at the Courts of Great Britain, France,
+Russia, Prussia, Sweden, Denmark, Holland, and Belgium directing them
+to endeavor to procure from the respective Governments to which they
+are accredited the abolition or modification of the existing duties
+and restrictions upon tobacco imported from the United States, and that
+special agents have been appointed to collect information respecting
+the importation, the cultivation, the manufacture, and consumption of
+tobacco in the various States of Germany to which the United States have
+not accredited representatives, and to prepare the way for negotiations
+for the promotion of the interests of the tobacco trade with those
+countries. A copy of the dispatches of the representatives of the United
+States received upon this subject is herewith communicated.[3]
+
+The special agents have proceeded to the execution of their duties, but
+no report has as yet been received from either of them.
+
+All which is respectfully submitted.
+
+JOHN FORSYTH.
+
+[Footnote 3: Omitted.]
+
+
+
+WASHINGTON CITY, _October 2, 1837_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the consideration of the Senate, a treaty
+concluded with the Miami tribe of Indians by General Marshall in 1834,
+with, explanatory documents from the Department of War, and ask its
+advice in regard to the ratification of the original treaty with the
+amendments proposed by the Secretary of War; the treaty, with the
+amendments, in the event of its ratification by the United States,
+to be again submitted to the chiefs and warriors of the Miami tribes
+for their sanction or rejection.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _October 2, 1837_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of the
+13th ultimo, concerning the boundary between the United States and the
+Mexican Republic and a cession of territory belonging to the Mexican
+Confederation to the United States, I transmit a report from the
+Secretary of State and the documents by which it was accompanied.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _October, 1837_.
+
+_To the House of Representatives of the United States_:
+
+I have the honor, in compliance with the resolution of the House of
+Representatives of the 4th instant, to transmit the proceedings of the
+court of inquiry in the case of Brevet Brigadier-General Wool.[4]
+
+M. VAN BUREN.
+
+[Footnote 4: Respecting transactions in the Cherokee country.]
+
+
+
+
+PROCLAMATION.
+
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas by an act of Congress of the United States of the 25th of May,
+1832, entitled "An act to exempt the vessels of Portugal from the
+payment of duties of tonnage," it was enacted as follows: "No duties
+upon tonnage shall be hereafter levied or collected of the vessels of
+the Kingdom of Portugal: _Provided, always_, That whenever the President
+of the United States shall be satisfied that the vessels of the United
+States are subjected in the ports of the Kingdom of Portugal to payment
+of any duties of tonnage, he shall by proclamation declare the fact, and
+the duties now payable by vessels of that Kingdom shall be levied and
+paid as if this act had not been passed;" and
+
+Whereas satisfactory evidence has been received by me not only that
+the vessels of the United States are subjected in the ports of the
+said Kingdom of Portugal to payment of duties of tonnage, but that a
+discrimination exists in respect to those duties against the vessels
+of the United States:
+
+Now, therefore, I, Martin Van Buren, President of the United States
+of America, do hereby declare that fact and proclaim that the duties
+payable by vessels of the said Kingdom of Portugal on the 25th day of
+May, 1832, shall henceforth be levied and paid as if the said act of
+the 25th of May, 1832, had not been passed.
+
+Given under my hand, at the city of Washington, the 11th day of October,
+1837, and of the Independence of the United States the sixty-second.
+
+M. VAN BUREN.
+
+By the President:
+  JOHN FORSYTH,
+    _Secretary of State_.
+
+
+
+
+FIRST ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 5, 1837_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+We have reason to renew the expression of our devout gratitude to the
+Giver of All Good for His benign protection. Our country presents on
+every side the evidences of that continued favor under whose auspices
+it has gradually risen from a few feeble and dependent colonies to a
+prosperous and powerful confederacy. We are blessed with domestic
+tranquillity and all the elements of national prosperity. The pestilence
+which, invading for a time some flourishing portions of the Union,
+interrupted the general prevalence of unusual health has happily been
+limited in extent and arrested in its fatal career. The industry and
+prudence of our citizens are gradually relieving them from the pecuniary
+embarrassments under which portions of them have labored; judicious
+legislation and the natural and boundless resources of the country have
+afforded wise and timely aid to private enterprise, and the activity
+always characteristic of our people has already in a great degree
+resumed its usual and profitable channels.
+
+The condition of our foreign relations has not materially changed since
+the last annual message of my predecessor. We remain at peace with all
+nations, and no efforts on my part consistent with the preservation of
+our rights and the honor of the country shall be spared to maintain a
+position so consonant to our institutions. We have faithfully sustained
+the foreign policy with which the United States, under the guidance of
+their first President, took their stand in the family of nations--that
+of regulating their intercourse with other powers by the approved
+principles of private life; asking and according equal rights and equal
+privileges; rendering and demanding justice in all cases; advancing
+their own and discussing the pretensions of others with candor,
+directness, and sincerity; appealing at all times to reason, but never
+yielding to force nor seeking to acquire anything for themselves by
+its exercise.
+
+A rigid adherence to this policy has left this Government with scarcely
+a claim upon its justice for injuries arising from acts committed by
+its authority. The most imposing and perplexing of those of the United
+States upon foreign governments for aggressions upon our citizens were
+disposed of by my predecessor. Independently of the benefits conferred
+upon our citizens by restoring to the mercantile community so many
+millions of which they had been wrongfully divested, a great service
+was also rendered to his country by the satisfactory adjustment of so
+many ancient and irritating subjects of contention; and it reflects no
+ordinary credit on his successful administration of public affairs that
+this great object was accomplished without compromising on any occasion
+either the honor or the peace of the nation.
+
+With European powers no new subjects of difficulty have arisen, and
+those which were under discussion, although not terminated, do not
+present a more unfavorable aspect for the future preservation of that
+good understanding which it has ever been our desire to cultivate.
+
+Of pending questions the most important is that which exists with the
+Government of Great Britain in respect to our northeastern boundary. It
+is with unfeigned regret that the people of the United States must look
+back upon the abortive efforts made by the Executive, for a period of
+more than half a century, to determine what no nation should suffer long
+to remain in dispute--the true line which divides its possessions from
+those of other powers. The nature of the settlements on the borders of
+the United States and of the neighboring territory was for a season such
+that this, perhaps, was not indispensable to a faithful performance of
+the duties of the Federal Government. Time has, however, changed this
+state of things, and has brought about a condition of affairs in which
+the true interests of both countries imperatively require that this
+question should be put at rest. It is not to be disguised that, with
+full confidence, often expressed, in the desire of the British
+Government to terminate it, we are apparently as far from its adjustment
+as we were at the time of signing the treaty of peace in 1783. The sole
+result of long-pending negotiations and a perplexing arbitration appears
+to be a conviction on its part that a conventional line must be adopted,
+from the impossibility of ascertaining the true one according to the
+description contained in that treaty. Without coinciding in this
+opinion, which is not thought to be well founded, my predecessor gave
+the strongest proof of the earnest desire of the United States to
+terminate satisfactorily this dispute by proposing the substitution
+of a conventional line if the consent of the States interested in the
+question could be obtained. To this proposition no answer has as yet
+been received. The attention of the British Government has, however,
+been urgently invited to the subject, and its reply can not, I am
+confident, be much longer delayed. The general relations between Great
+Britain and the United States are of the most friendly character, and
+I am well satisfied of the sincere disposition of that Government to
+maintain them upon their present footing. This disposition has also,
+I am persuaded, become more general with the people of England than
+at any previous period. It is scarcely necessary to say to you how
+cordially it is reciprocated by the Government and people of the United
+States. The conviction, which must be common to all, of the injurious
+consequences that result from keeping open this irritating question, and
+the certainty that its final settlement can not be much longer deferred,
+will, I trust, lead to an early and satisfactory adjustment. At your
+last session I laid before you the recent communications between the two
+Governments and between this Government and that of the State of Maine,
+in whose solicitude concerning a subject in which she has so deep an
+interest every portion of the Union participates.
+
+The feelings produced by a temporary interruption of those harmonious
+relations between France and the United States which are due as well
+to the recollections of former times as to a correct appreciation of
+existing interests have been happily succeeded by a cordial disposition
+on both sides to cultivate an active friendship in their future
+intercourse. The opinion, undoubtedly correct, and steadily entertained
+by us, that the commercial relations at present existing between the
+two countries are susceptible of great and reciprocally beneficial
+improvements is obviously gaining ground in France, and I am assured
+of the disposition of that Government to favor the accomplishment of
+such an object. This disposition shall be met in a proper spirit on our
+part. The few and comparatively unimportant questions that remain to
+be adjusted between us can, I have no doubt, be settled with entire
+satisfaction and without difficulty.
+
+Between Russia and the United States sentiments of good will continue to
+be mutually cherished. Our minister recently accredited to that Court
+has been received with a frankness and cordiality and with evidences of
+respect for his country which leave us no room to doubt the preservation
+in future of those amicable and liberal relations which have so long
+and so uninterruptedly existed between the two countries. On the few
+subjects under discussion between us an early and just decision is
+confidently anticipated.
+
+A correspondence has been opened with the Government of Austria for the
+establishment of diplomatic relations, in conformity with the wishes of
+Congress as indicated by an appropriation act of the session of 1837,
+and arrangements made for the purpose, which will be duly carried
+into effect.
+
+With Austria and Prussia and with the States of the German Empire (now
+composing with the latter the Commercial League) our political relations
+are of the most friendly character, whilst our commercial intercourse is
+gradually extending, with benefit to all who are engaged in it.
+
+Civil war yet rages in Spain, producing intense suffering to its own
+people, and to other nations inconvenience and regret. Our citizens
+who have claims upon that country will be prejudiced for a time by the
+condition of its treasury, the inevitable consequence of long-continued
+and exhausting internal wars. The last installment of the interest of
+the debt due under the convention with the Queen of Spain has not been
+paid and similar failures may be expected to happen until a portion of
+the resources of her Kingdom can be devoted to the extinguishment of
+its foreign debt.
+
+Having received satisfactory evidence that discriminating tonnage
+duties were charged upon the vessels of the United States in the ports
+of Portugal, a proclamation was issued on the 11th day of October last,
+in compliance with the act of May 25, 1832, declaring that fact, and the
+duties on foreign tonnage which were levied upon Portuguese vessels in
+the United States previously to the passage of that act are accordingly
+revived.
+
+The act of July 4, 1836, suspending the discriminating duties upon
+the produce of Portugal imported into this country in Portuguese
+vessels, was passed, upon the application of that Government through its
+representative here, under the belief that no similar discrimination
+existed in Portugal to the prejudice of the United States. I regret to
+state that such duties are now exacted in that country upon the cargoes
+of American vessels, and as the act referred to vests no discretion in
+the Executive, it is for Congress to determine upon the expediency of
+further legislation on the subject. Against these discriminations
+affecting the vessels of this country and their cargoes seasonable
+remonstrance was made, and notice was given to the Portuguese Government
+that unless they should be discontinued the adoption of countervailing
+measures on the part of the United States would become necessary; but
+the reply of that Government, received at the Department of State
+through our charge d'affaires at Lisbon in the month of September last,
+afforded no ground to hope for the abandonment of a system so little in
+harmony with the treatment shown to the vessels of Portugal and their
+cargoes in the ports of this country and so contrary to the expectations
+we had a right to entertain.
+
+With Holland, Sweden, Denmark, Naples, and Belgium a friendly
+intercourse has been uninterruptedly maintained.
+
+With the Government of the Ottoman Porte and its dependencies on the
+coast of the Mediterranean peace and good will are carefully cultivated,
+and have been fostered by such good offices as the relative distance and
+the condition of those countries would permit.
+
+Our commerce with Greece is carried on under the laws of the two
+Governments, reciprocally beneficial to the navigating interests of
+both; and I have reason to look forward to the adoption of other
+measures which will be more extensively and permanently advantageous.
+
+Copies of the treaties concluded with the Governments of Siam and Muscat
+are transmitted for the information of Congress, the ratifications
+having been received and the treaties made public since the close of the
+last annual session. Already have we reason to congratulate ourselves on
+the prospect of considerable commercial benefit; and we have, besides,
+received from the Sultan of Muscat prompt evidence of his desire to
+cultivate the most friendly feelings, by liberal acts toward one of
+our vessels, bestowed in a manner so striking as to require on our part
+a grateful acknowledgment.
+
+Our commerce with the islands of Cuba and Porto Rico still labors under
+heavy restrictions, the continuance of which is a subject of regret. The
+only effect of an adherence to them will be to benefit the navigation of
+other countries at the expense of both the United States and Spain.
+
+The independent nations of this continent have ever since they
+emerged from the colonial state experienced severe trials in their
+progress to the permanent establishment of liberal political
+institutions. Their unsettled condition not only interrupts their own
+advances to prosperity, but has often seriously injured the other powers
+of the world. The claims of our citizens upon Peru, Chili, Brazil, the
+Argentine Republic, the Governments formed out of the Republics of
+Colombia and Mexico, are still pending, although many of them have
+been presented for examination more than twenty years. New Granada,
+Venezuela, and Ecuador have recently formed a convention for the purpose
+of ascertaining and adjusting claims upon the Republic of Colombia,
+from which it is earnestly hoped our citizens will ere long receive
+full compensation for the injuries inflicted upon them and for the delay
+in affording it.
+
+An advantageous treaty of commerce has been concluded by the
+United States with the Peru-Bolivian Confederation, which wants only
+the ratification of that Government. The progress of a subsequent
+negotiation for the settlement of claims upon Peru has been unfavorably
+affected by the war between that power and Chili and the Argentine
+Republic, and the same event is also likely to produce delays in the
+settlement of our demands on those powers.
+
+The aggravating circumstances connected with our claims upon Mexico and
+a variety of events touching the honor and integrity of our Government
+led my predecessor to make at the second session of the last Congress a
+special recommendation of the course to be pursued to obtain a speedy
+and final satisfaction of the injuries complained of by this Government
+and by our citizens. He recommended a final demand of redress, with a
+contingent authority to the Executive to make reprisals if that demand
+should be made in vain. From the proceedings of Congress on that
+recommendation it appeared that the opinion of both branches of the
+Legislature coincided with that of the Executive, that any mode of
+redress known to the law of nations might justifiably be used. It was
+obvious, too, that Congress believed with the President that another
+demand should be made, in order to give undeniable and satisfactory
+proof of our desire to avoid extremities with a neighboring power, but
+that there was an indisposition to vest a discretionary authority in
+the Executive to take redress should it unfortunately be either denied
+or unreasonably delayed by the Mexican Government.
+
+So soon as the necessary documents were prepared, after entering upon
+the duties of my office, a special messenger was sent to Mexico to make
+a final demand of redress, with the documents required by the provisions
+of our treaty. The demand was made on the 20th of July last. The reply,
+which bears date the 29th of the same month, contains assurances of a
+desire on the part of that Government to give a prompt and explicit
+answer respecting each of the complaints, but that the examination of
+them would necessarily be deliberate; that in this examination it
+would be guided by the principles of public law and the obligation
+of treaties; that nothing should be left undone that might lead to
+the most speedy and equitable adjustment of our demands, and that its
+determination in respect to each case should be communicated through
+the Mexican minister here.
+
+Since that time an envoy extraordinary and minister plenipotentiary
+has been accredited to this Government by that of the Mexican Republic.
+He brought with him assurances of a sincere desire that the pending
+differences between the two Governments should be terminated in
+a manner satisfactory to both. He was received with reciprocal
+assurances, and a hope was entertained that his mission would lead
+to a speedy, satisfactory, and final adjustment of all existing subjects
+of complaint. A sincere believer in the wisdom of the pacific policy by
+which the United States have always been governed in their intercourse
+with foreign nations, it was my particular desire, from the proximity
+of the Mexican Republic and well-known occurrences on our frontier,
+to be instrumental in obviating all existing difficulties with that
+Government and in restoring to the intercourse between the two Republics
+that liberal and friendly character by which they should always be
+distinguished. I regret, therefore, the more deeply to have found in the
+recent communications of that Government so little reason to hope that
+any future efforts of mine for the accomplishment of those desirable
+objects would be successful.
+
+Although the larger number--and many of them aggravated cases of
+personal wrongs--have been now for years before the Mexican Government,
+and some of the causes of national complaint, and those of the most
+offensive character, admitted of immediate, simple, and satisfactory
+replies, it is only within a few days past that any specific
+communication in answer to our last demand, made five months ago, has
+been received from the Mexican minister. By the report of the Secretary
+of State herewith presented and the accompanying documents it will be
+seen that for not one of our public complaints has satisfaction been
+given or offered, that but one of the cases of personal wrong has been
+favorably considered, and that but four cases of both descriptions out
+of all those formally presented and earnestly pressed have as yet been
+decided upon by the Mexican Government.
+
+Not perceiving in what manner any of the powers given to the Executive
+alone could be further usefully employed in bringing this unfortunate
+controversy to a satisfactory termination, the subject was by my
+predecessor referred to Congress as one calling for its interposition.
+In accordance with the clearly understood wishes of the Legislature,
+another and formal demand for satisfaction has been made upon the
+Mexican Government, with what success the documents now communicated
+will show. On a careful and deliberate examination of their contents,
+and considering the spirit manifested by the Mexican Government, it
+has become my painful duty to return the subject as it now stands to
+Congress, to whom it belongs to decide upon the time, the mode, and
+the measure of redress. Whatever may be your decision, it shall be
+faithfully executed, confident that it will be characterized by that
+moderation and justice which will, I trust, under all circumstances
+govern the councils of our country.
+
+The balance in the Treasury on the 1st January, 1837, was $45,968,523.
+The receipts during the present year from all sources, including
+the amount of Treasury notes issued, are estimated at $23,499,981,
+constituting an aggregate of $69,468,504. Of this amount about
+$35,281,361 will have been expended at the end of the year on
+appropriations made by Congress, and the residue, amounting to
+$34,187,143, will be the nominal balance in the Treasury on the
+1st of January next; but of that sum only $1,085,498 is considered as
+immediately available for and applicable to public purposes. Those
+portions of it which will be for some time unavailable consist chiefly
+of sums deposited with the States and due from the former deposit banks.
+The details upon this subject will be found in the annual report of the
+Secretary of the Treasury. The amount of Treasury notes which it will be
+necessary to issue during the year on account of those funds being
+unavailable will, it is supposed, not exceed four and a half millions.
+It seemed proper, in the condition of the country, to have the estimates
+on all subjects made as low as practicable without prejudice to any
+great public measures. The Departments were therefore desired to prepare
+their estimates accordingly, and I am happy to find that they have been
+able to graduate them on so economical a scale. In the great and often
+unexpected fluctuations to which the revenue is subjected it is not
+possible to compute the receipts beforehand with great certainty,
+but should they not differ essentially from present anticipations,
+and should the appropriations not much exceed the estimates, no
+difficulty seems likely to happen in defraying the current expenses
+with promptitude and fidelity.
+
+Notwithstanding the great embarrassments which have recently
+occurred in commercial affairs, and the liberal indulgence which in
+consequence of these embarrassments has been extended to both the
+merchants and the banks, it is gratifying to be able to anticipate that
+the Treasury notes which have been issued during the present year will
+be redeemed and that the resources of the Treasury, without any resort
+to loans or increased taxes, will prove ample for defraying all charges
+imposed on it during 1838.
+
+The report of the Secretary of the Treasury will afford you a more
+minute exposition of all matters connected with the administration of
+the finances during the current year--a period which for the amount of
+public moneys disbursed and deposited with the States, as well as the
+financial difficulties encountered and overcome, has few parallels in
+our history.
+
+Your attention was at the last session invited to the necessity of
+additional legislative provisions in respect to the collection,
+safe-keeping, and transfer of the public money. No law having been then
+matured, and not understanding the proceedings of Congress as intended
+to be final, it becomes my duty again to bring the subject to your
+notice.
+
+On that occasion three modes of performing this branch of the public
+service were presented for consideration. These were, the creation of
+a national bank; the revival, with modifications, of the deposit system
+established by the act of the 23d of June, 1836, permitting the use
+of the public moneys by the banks; and the discontinuance of the use of
+such institutions for the purposes referred to, with suitable provisions
+for their accomplishment through the agency of public officers.
+Considering the opinions of both Houses of Congress on the first two
+propositions as expressed in the negative, in which I entirely concur,
+it is unnecessary for me again to recur to them. In respect to the last,
+you have had an opportunity since your adjournment not only to test
+still further the expediency of the measure by the continued practical
+operation of such parts of it as are now in force, but also to discover
+what should ever be sought for and regarded with the utmost
+deference--the opinions and wishes of the people.
+
+The national will is the supreme law of the Republic, and on all
+subjects within the limits of his constitutional powers should be
+faithfully obeyed by the public servant. Since the measure in question
+was submitted to your consideration most of you have enjoyed the
+advantage of personal communication with your constituents. For one
+State only has an election been held for the Federal Government;
+but the early day at which it took place deprived the measure under
+consideration of much of the support it might otherwise have derived
+from the result. Local elections for State officers have, however,
+been held in several of the States, at which the expediency of the plan
+proposed by the Executive has been more or less discussed. You will,
+I am confident, yield to their results the respect due to every
+expression of the public voice. Desiring, however, to arrive at truth
+and a just view of the subject in all its bearings, you will at the same
+time remember that questions of far deeper and more immediate local
+interest than the fiscal plans of the National Treasury were involved in
+those elections. Above all, we can not overlook the striking fact that
+there were at the time in those States more than one hundred and sixty
+millions of bank capital, of which large portions were subject to actual
+forfeiture, other large portions upheld only by special and limited
+legislative indulgences, and most of it, if not all, to a greater or
+less extent dependent for a continuance of its corporate existence upon
+the will of the State legislatures to be then chosen. Apprised of this
+circumstance, you will judge whether it is not most probable that the
+peculiar condition of that vast interest in these respects, the extent
+to which it has been spread through all the ramifications of society,
+its direct connection with the then pending elections, and the feelings
+it was calculated to infuse into the canvass have exercised a far
+greater influence over the result than any which could possibly have
+been produced by a conflict of opinion in respect to a question in the
+administration of the General Government more remote and far less
+important in its bearings upon that interest.
+
+I have found no reason to change my own opinion as to the expediency
+of adopting the system proposed, being perfectly satisfied that there
+will be neither stability nor safety either in the fiscal affairs
+of the Government or in the pecuniary transactions of individuals and
+corporations so long as a connection exists between them which, like
+the past, offers such strong inducements to make them the subjects
+of political agitation. Indeed, I am more than ever convinced of
+the dangers to which the free and unbiased exercise of political
+opinion--the only sure foundation and safeguard of republican
+government--would be exposed by any further increase of the already
+overgrown influence of corporate authorities. I can not, therefore,
+consistently with my views of duty, advise a renewal of a connection
+which circumstances have dissolved.
+
+The discontinuance of the use of State banks for fiscal purposes ought
+not to be regarded as a measure of hostility toward those institutions.
+Banks properly established and conducted are highly useful to the
+business of the country, and will doubtless continue to exist in the
+States so long as they conform to their laws and are found to be safe
+and beneficial. How they should be created, what privileges they should
+enjoy, under what responsibilities they should act, and to what
+restrictions they should be subject are questions which, as I observed
+on a previous occasion, belong to the States to decide. Upon their
+rights or the exercise of them the General Government can have no motive
+to encroach. Its duty toward them is well performed when it refrains
+from legislating for their special benefit, because such legislation
+would violate the spirit of the Constitution and be unjust to other
+interests; when it takes no steps to impair their usefulness, but so
+manages its own affairs as to make it the interest of those institutions
+to strengthen and improve their condition for the security and welfare
+of the community at large. They have no right to insist on a connection
+with the Federal Government, nor on the use of the public money for
+their own benefit. The object of the measure under consideration is to
+avoid for the future a compulsory connection of this kind. It proposes
+to place the General Government, in regard to the essential points of
+the collection, safe-keeping, and transfer of the public money, in a
+situation which shall relieve it from all dependence on the will of
+irresponsible individuals or corporations; to withdraw those moneys from
+the uses of private trade and confide them to agents constitutionally
+selected and controlled by law; to abstain from improper interference
+with the industry of the people and withhold inducements to improvident
+dealings on the part of individuals; to give stability to the concerns
+of the Treasury; to preserve the measures of the Government from the
+unavoidable reproaches that flow from such a connection, and the banks
+themselves from the injurious effects of a supposed participation in the
+political conflicts of the day, from which they will otherwise find it
+difficult to escape.
+
+These are my views upon this important subject, formed after careful
+reflection and with no desire but to arrive at what is most likely
+to promote the public interest. They are now, as they were before,
+submitted with unfeigned deference for the opinions of others. It was
+hardly to be hoped that changes so important on a subject so interesting
+could be made without producing a serious diversity of opinion; but
+so long as those conflicting views are kept above the influence of
+individual or local interests, so long as they pursue only the general
+good and are discussed with moderation and candor, such diversity is a
+benefit, not an injury. If a majority of Congress see the public welfare
+in a different light, and more especially if they should be satisfied
+that the measure proposed would not be acceptable to the people, I shall
+look to their wisdom to substitute such as may be more conducive to
+the one and more satisfactory to the other. In any event, they may
+confidently rely on my hearty cooperation to the fullest extent to
+which my views of the Constitution and my sense of duty will permit.
+
+It is obviously important to this branch of the public service and to
+the business and quiet of the country that the whole subject should in
+some way be settled and regulated by law, and, if possible, at your
+present session. Besides the plans above referred to, I am not aware
+that any one has been suggested except that of keeping the public money
+in the State banks in special deposit. This plan is to some extent in
+accordance with the practice of the Government and with the present
+arrangements of the Treasury Department, which, except, perhaps, during
+the operation of the late deposit act, has always been allowed, even
+during the existence of a national bank, to make a temporary use of the
+State banks in particular places for the safe-keeping of portions of the
+revenue. This discretionary power might be continued if Congress deem it
+desirable, whatever general system be adopted. So long as the connection
+is voluntary we need, perhaps, anticipate few of those difficulties and
+little of that dependence on the banks which must attend every such
+connection when compulsory in its nature and when so arranged as to make
+the banks a fixed part of the machinery of government. It is undoubtedly
+in the power of Congress so to regulate and guard it as to prevent the
+public money from being applied to the use or intermingled with the
+affairs of individuals. Thus arranged, although it would not give to
+the Government that entire control over its own funds which I desire to
+secure to it by the plan I have proposed, it would, it must be admitted,
+in a great degree accomplish one of the objects which has recommended
+that plan to my judgment--the separation of the fiscal concerns of the
+Government from those of individuals or corporations.
+
+With these observations I recommend the whole matter to your
+dispassionate reflection, confidently hoping that some conclusion may
+be reached by your deliberations which on the one hand shall give
+safety and stability to the fiscal operations of the Government, and
+be consistent, on the other, with the genius of our institutions and
+with the interests and wishes of the great mass of our constituents.
+
+It was my hope that nothing would occur to make necessary on
+this occasion any allusion to the late national bank. There are
+circumstances, however, connected with the present state of its affairs
+that bear so directly on the character of the Government and the welfare
+of the citizen that I should not feel myself excused in neglecting to
+notice them. The charter which terminated its banking privileges on the
+4th of March, 1836, continued its corporate power two years more for
+the sole purpose of closing its affairs, with authority "to use the
+corporate name, style, and capacity for the purpose of suits for a final
+settlement and liquidation of the affairs and acts of the corporation,
+and for the sale and disposition of their estate--real, personal, and
+mixed--but for no other purpose or in any other manner whatsoever." Just
+before the banking privileges ceased, its effects were transferred by
+the bank to a new State institution, then recently incorporated, in
+trust, for the discharge of its debts and the settlement of its affairs.
+With this trustee, by authority of Congress, an adjustment was
+subsequently made of the large interest which the Government had in the
+stock of the institution. The manner in which a trust unexpectedly
+created upon the act granting the charter, and involving such great
+public interests, has been executed would under any circumstances be a
+fit subject of inquiry; but much more does it deserve your attention
+when it embraces the redemption of obligations to which the authority
+and credit of the United States have given value. The two years allowed
+are now nearly at an end. It is well understood that the trustee has
+not redeemed and canceled the outstanding notes of the bank, but has
+reissued and is actually reissuing, since the 3d of March, 1836, the
+notes which have been received by it to a vast amount. According to its
+own official statement, so late as the 1st of October last, nineteen
+months after the banking privileges given by the charter had expired, it
+had under its control uncanceled notes of the late Bank of the United
+States to the amount of $27,561,866, of which $6,175,861 were in actual
+circulation, $1,468,627 at State bank agencies, and $3,002,390 _in
+transitu_, thus showing that upward of ten millions and a half of the
+notes of the old bank were then still kept outstanding.
+
+The impropriety of this procedure is obvious, it being the duty of the
+trustee to cancel and not to put forth the notes of an institution whose
+concerns it had undertaken to wind up. If the trustee has a right to
+reissue these notes now, I can see no reason why it may not continue
+to do so after the expiration of the two years. As no one could have
+anticipated a course so extraordinary, the prohibitory clause of the
+charter above quoted was not accompanied by any penalty or other special
+provision for enforcing it, nor have we any general law for the
+prevention of similar acts in future.
+
+But it is not in this view of the subject alone that your interposition
+is required. The United States in settling with the trustee for their
+stock have withdrawn their funds from their former direct liability to
+the creditors of the old bank, yet notes of the institution continue
+to be sent forth in its name, and apparently upon the authority of the
+United States. The transactions connected with the employment of the
+bills of the old bank are of vast extent, and should they result
+unfortunately the interests of individuals may be deeply compromised.
+Without undertaking to decide how far or in what form, if any, the
+trustee could be made liable for notes which contain no obligation on
+its part, or the old bank for such as are put in circulation after the
+expiration of its charter and without its authority, or the Government
+for indemnity in case of loss, the question still presses itself upon
+your consideration whether it is consistent with duty and good faith on
+the part of the Government to witness this proceeding without a single
+effort to arrest it.
+
+The report of the Commissioner of the General Land Office, which will
+be laid before you by the Secretary of the Treasury, will show how the
+affairs of that office have been conducted for the past year. The
+disposition of the public lands is one of the most important trusts
+confided to Congress. The practicability of retaining the title and
+control of such extensive domains in the General Government, and at the
+same time admitting the Territories embracing them into the Federal
+Union as coequals with the original States, was seriously doubted by
+many of our wisest statesmen. All feared that they would become a source
+of discord, and many carried their apprehensions so far as to see in
+them the seeds of a future dissolution of the Confederacy. But happily
+our experience has already been sufficient to quiet in a great degree
+all such apprehensions. The position at one time assumed, that the
+admission of new States into the Union on the same footing with the
+original States was incompatible with a right of soil in the United
+States and operated as a surrender thereof, notwithstanding the terms of
+the compacts by which their admission was designed to be regulated, has
+been wisely abandoned. Whether in the new or the old States, all now
+agree that the right of soil to the public lands remains in the Federal
+Government, and that these lands constitute a common property, to be
+disposed of for the common benefit of all the States, old and new.
+Acquiescence in this just principle by the people of the new States has
+naturally promoted a disposition to adopt the most liberal policy in the
+sale of the public lands. A policy which should be limited to the mere
+object of selling the lands for the greatest possible sum of money,
+without regard to higher considerations, finds but few advocates. On the
+contrary, it is generally conceded that whilst the mode of disposition
+adopted by the Government should always be a prudent one, yet its
+leading object ought to be the early settlement and cultivation of the
+lands sold, and that it should discountenance, if it can not prevent,
+the accumulation of large tracts in the same hands, which must
+necessarily retard the growth of the new States or entail upon them
+a dependent tenantry and its attendant evils.
+
+A question embracing such important interests and so well calculated
+to enlist the feelings of the people in every quarter of the Union has
+very naturally given rise to numerous plans for the improvement of
+the existing system. The distinctive features of the policy that has
+hitherto prevailed are to dispose of the public lands at moderate
+prices, thus enabling a greater number to enter into competition for
+their purchase and accomplishing a double object--of promoting their
+rapid settlement by the purchasers and at the same time increasing the
+receipts of the Treasury; to sell for cash, thereby preventing the
+disturbing influence of a large mass of private citizens indebted to
+the Government which they have a voice in controlling; to bring them
+into market no faster than good lands are supposed to be wanted for
+improvement, thereby preventing the accumulation of large tracts in few
+hands; and to apply the proceeds of the sales to the general purposes of
+the Government, thus diminishing the amount to be raised from the people
+of the States by taxation and giving each State its portion of the
+benefits to be derived from this common fund in a manner the most quiet,
+and at the same time, perhaps, the most equitable, that can be devised.
+These provisions, with occasional enactments in behalf of special
+interests deemed entitled to the favor of the Government, have in their
+execution produced results as beneficial upon the whole as could
+reasonably be expected in a matter so vast, so complicated, and so
+exciting. Upward of 70,000,000 acres have been sold, the greater part of
+which is believed to have been purchased for actual settlement. The
+population of the new States and Territories created out of the public
+domain increased between 1800 and 1830 from less than 60,000 to upward
+of 2,300,000 souls, constituting at the latter period about one-fifth
+of the whole people of the United States. The increase since can not
+be accurately known, but the whole may now be safely estimated at
+over three and a half millions of souls, composing nine States, the
+representatives of which constitute above one-third of the Senate and
+over one-sixth of the House of Representatives of the United States.
+
+Thus has been formed a body of free and independent landholders with a
+rapidity unequaled in the history of mankind; and this great result has
+been produced without leaving anything for future adjustment between
+the Government and its citizens. The system under which so much has
+been accomplished can not be intrinsically bad, and with occasional
+modifications to correct abuses and adapt it to changes of circumstances
+may, I think, be safely trusted for the future. There is in the
+management of such extensive interests much virtue in stability; and
+although great and obvious improvements should not be declined, changes
+should never be made without the fullest examination and the clearest
+demonstration of their practical utility. In the history of the past we
+have an assurance that this safe rule of action will not be departed
+from in relation to the public lands; nor is it believed that any
+necessity exists for interfering with the fundamental principles of the
+system, or that the public mind, even in the new States, is desirous
+of any radical alterations. On the contrary, the general disposition
+appears to be to make such modifications and additions only as will the
+more effectually carry out the original policy of filling our new States
+and Territories with an industrious and independent population.
+
+The modification most perseveringly pressed upon Congress, which has
+occupied so much of its time for years past, and will probably do so
+for a long time to come, if not sooner satisfactorily adjusted, is
+a reduction in the cost of such portions of the public lands as are
+ascertained to be unsalable at the rate now established by law, and a
+graduation according to their relative value of the prices at which they
+may hereafter be sold. It is worthy of consideration whether justice may
+not be done to every interest in this matter, and a vexed question set
+at rest, perhaps forever, by a reasonable compromise of conflicting
+opinions. Hitherto, after being offered at public sale, lands have been
+disposed of at one uniform price, whatever difference there might be in
+their intrinsic value. The leading considerations urged in favor of the
+measure referred to are that in almost all the land districts, and
+particularly in those in which the lands have been long surveyed and
+exposed to sale, there are still remaining numerous and large tracts of
+every gradation of value, from the Government price downward; that these
+lands will not be purchased at the Government price so long as better
+can be conveniently obtained for the same amount; that there are large
+tracts which even the improvements of the adjacent lands will never
+raise to that price, and that the present uniform price, combined with
+their irregular value, operates to prevent a desirable compactness of
+settlements in the new States and to retard the full development of that
+wise policy on which our land system is founded, to the injury not only
+of the several States where the lands lie, but of the United States as
+a whole.
+
+The remedy proposed has been a reduction of the prices according to the
+length of time the lands have been in market, without reference to any
+other circumstances. The certainty that the efflux of time would not
+always in such cases, and perhaps not even generally, furnish a true
+criterion of value, and the probability that persons residing in the
+vicinity, as the period for the reduction of prices approached, would
+postpone purchases they would otherwise make, for the purpose of
+availing themselves of the lower price, with other considerations of a
+similar character, have hitherto been successfully urged to defeat the
+graduation upon time.
+
+May not all reasonable desires upon this subject be satisfied without
+encountering any of these objections? All will concede the abstract
+principle that the price of the public lands should be proportioned to
+their relative value, so far as can be accomplished without departing
+from the rule heretofore observed requiring fixed prices in cases of
+private entries. The difficulty of the subject seems to lie in the
+mode of ascertaining what that value is. Would not the safest plan
+be that which has been adopted by many of the States as the basis of
+taxation--an actual valuation of lands and classification of them into
+different rates? Would it not be practicable and expedient to cause the
+relative value of the public lands in the old districts which have been
+for a certain length of time in market to be appraised and classed into
+two or more rates below the present minimum price by the officers now
+employed in this branch of the public service or in any other mode
+deemed preferable, and to make those prices permanent if upon the coming
+in of the report they shall prove satisfactory to Congress? Could not
+all the objects of graduation be accomplished in this way, and the
+objections which have hitherto been urged against it avoided? It would
+seem to me that such a step, with a restriction of the sales to limited
+quantities and for actual improvement, would be free from all just
+exception.
+
+By the full exposition of the value of the lands thus furnished and
+extensively promulgated persons living at a distance would be informed
+of their true condition and enabled to enter into competition with those
+residing in the vicinity; the means of acquiring an independent home
+would be brought within the reach of many who are unable to purchase at
+present prices; the population of the new States would be made more
+compact, and large tracts would be sold which would otherwise remain on
+hand. Not only would the land be brought within the means of a larger
+number of purchasers, but many persons possessed of greater means would
+be content to settle on a larger quantity of the poorer lands rather
+than emigrate farther west in pursuit of a smaller quantity of better
+lands. Such a measure would also seem to be more consistent with the
+policy of the existing laws--that of converting the public domain into
+cultivated farms owned by their occupants. That policy is not best
+promoted by sending emigration up the almost interminable streams of
+the West to occupy in groups the best spots of land, leaving immense
+wastes behind them and enlarging the frontier beyond the means of the
+Government to afford it adequate protection, but in encouraging it to
+occupy with reasonable denseness the territory over which it advances,
+and find its best defense in the compact front which it presents to
+the Indian tribes. Many of you will bring to the consideration of the
+subject the advantages of local knowledge and greater experience, and
+all will be desirous of making an early and final disposition of every
+disturbing question in regard to this important interest. If these
+suggestions shall in any degree contribute to the accomplishment of
+so important a result, it will afford me sincere satisfaction.
+
+In some sections of the country most of the public lands have been sold,
+and the registers and receivers have very little to do. It is a subject
+worthy of inquiry whether in many cases two or more districts may not
+be consolidated and the number of persons employed in this business
+considerably reduced. Indeed, the time will come when it will be the
+true policy of the General Government, as to some of the States, to
+transfer to them for a reasonable equivalent all the refuse and unsold
+lands and to withdraw the machinery of the Federal land offices
+altogether. All who take a comprehensive view of our federal system and
+believe that one of its greatest excellences consists in interfering as
+little as possible with the internal concerns of the States look forward
+with great interest to this result.
+
+A modification of the existing laws in respect to the prices of the
+public lands might also have a favorable influence on the legislation
+of Congress in relation to another branch of the subject. Many who have
+not the ability to buy at present prices settle on those lands with
+the hope of acquiring from their cultivation the means of purchasing
+under preemption laws from time to time passed by Congress. For this
+encroachment on the rights of the United States they excuse themselves
+under the plea of their own necessities; the fact that they dispossess
+nobody and only enter upon the waste domain: that they give additional
+value to the public lands in their vicinity, and their intention
+ultimately to pay the Government price. So much weight has from time to
+time been attached to these considerations that Congress have passed
+laws giving actual settlers on the public lands a right of preemption to
+the tracts occupied by them at the minimum price. These laws have in all
+instances been retrospective in their operation, but in a few years
+after their passage crowds of new settlers have been found on the public
+lands for similar reasons and under like expectations, who have been
+indulged with the same privilege. This course of legislation tends to
+impair public respect for the laws of the country. Either the laws to
+prevent intrusion upon the public lands should be executed, or, if that
+should be impracticable or inexpedient, they should be modified or
+repealed. If the public lands are to be considered as open to be
+occupied by any, they should by law be thrown open to all. That which is
+intended in all instances to be legalized should at once be made legal,
+that those who are disposed to conform to the laws may enjoy at least
+equal privileges with those who are not. But it is not believed to be
+the disposition of Congress to open the public lands to occupancy
+without regular entry and payment of the Government price, as such a
+course must tend to worse evils than the credit system, which it was
+found necessary to abolish.
+
+It would seem, therefore, to be the part of wisdom and sound policy
+to remove as far as practicable the causes which produce intrusions
+upon the public lands, and then take efficient steps to prevent them
+in future. Would any single measure be so effective in removing all
+plausible grounds for these intrusions as the graduation of price
+already suggested? A short period of industry and economy in any part of
+our country would enable the poorest citizen to accumulate the means to
+buy him a home at the lower prices, and leave him without apology for
+settling on lands not his own. If he did not under such circumstances,
+he would enlist no sympathy in his favor, and the laws would be readily
+executed without doing violence to public opinion.
+
+A large portion of our citizens have seated themselves on the public
+lands without authority since the passage of the last preemption law,
+and now ask the enactment of another to enable them to retain the lands
+occupied upon payment of the minimum Government price. They ask that
+which has been repeatedly granted before. If the future may be judged of
+by the past, little harm can be done to the interests of the Treasury
+by yielding to their request. Upon a critical examination it is found
+that the lands sold at the public sales since the introduction of cash
+payments, in 1820, have produced on an average the net revenue of only
+6 cents an acre more than the minimum Government price. There is no
+reason to suppose that future sales will be more productive. The
+Government, therefore, has no adequate pecuniary interest to induce it
+to drive these people from the lands they occupy for the purpose of
+selling them to others.
+
+Entertaining these views, I recommend the passage of a preemption law
+for their benefit in connection with the preparatory steps toward the
+graduation of the price of the public lands, and further and more
+effectual provisions to prevent intrusions hereafter. Indulgence to
+those who have settled on these lands with expectations that past
+legislation would be made a rule for the future, and at the same time
+removing the most plausible ground on which intrusions are excused and
+adopting more efficient means to prevent them hereafter, appears to me
+the most judicious disposition which can be made of this difficult
+subject. The limitations and restrictions to guard against abuses in
+the execution of a preemption law will necessarily attract the careful
+attention of Congress, but under no circumstances is it considered
+expedient to authorize floating claims in any shape. They have been
+heretofore, and doubtless would be hereafter, most prolific sources of
+fraud and oppression, and instead of operating to confer the favor of
+the Government on industrious settlers are often used only to minister
+to a spirit of cupidity at the expense of the most meritorious of that
+class.
+
+The accompanying report of the Secretary of War will bring to your view
+the state of the Army and all the various subjects confided to the
+superintendence of that officer.
+
+The principal part of the Army has been concentrated in Florida, with a
+view and in the expectation of bringing the war in that Territory to a
+speedy close. The necessity of stripping the posts on the maritime and
+inland frontiers of their entire garrisons for the purpose of assembling
+in the field an army of less than 4,000 men would seem to indicate the
+necessity of increasing our regular forces; and the superior efficiency,
+as well as greatly diminished expense of that description of troops,
+recommend this measure as one of economy as well as of expediency.
+I refer to the report for the reasons which have induced the Secretary
+of War to urge the reorganization and enlargement of the staff of the
+Army, and of the Ordnance Corps, in which I fully concur.
+
+It is not, however, compatible with the interests of the people to
+maintain in time of peace a regular force adequate to the defense of
+our extensive frontiers. In periods of danger and alarm we must rely
+principally upon a well-organized militia, and some general arrangement
+that will render this description of force more efficient has long
+been a subject of anxious solicitude. It was recommended to the First
+Congress by General Washington, and has been since frequently brought to
+your notice, and recently its importance strongly urged by my immediate
+predecessor. The provision in the Constitution that renders it necessary
+to adopt a uniform system of organization for the militia throughout
+the United States presents an insurmountable obstacle to an efficient
+arrangement by the classification heretofore proposed, and I invite your
+attention to the plan which will be submitted by the Secretary of War,
+for the organization of volunteer corps and the instruction of militia
+officers, as more simple and practicable, if not equally advantageous,
+as a general arrangement of the whole militia of the United States.
+
+A moderate increase of the corps both of military and topographical
+engineers has been more than once recommended by my predecessor, and my
+conviction of the propriety, not to say necessity, of the measure, in
+order to enable them to perform the various and important duties imposed
+upon them, induces me to repeat the recommendation.
+
+The Military Academy continues to answer all the purposes of its
+establishment, and not only furnishes well-educated officers to the
+Army, but serves to diffuse throughout the mass of our citizens
+individuals possessed of military knowledge and the scientific
+attainments of civil and military engineering. At present the cadet is
+bound, with consent of his parents or guardians, to remain in service
+five years from the period of his enlistment, unless sooner discharged,
+thus exacting only one year's service in the Army after his education is
+completed. This does not appear to me sufficient. Government ought to
+command for a longer period the services of those who are educated at
+the public expense, and I recommend that the time of enlistment be
+extended to seven years, and the terms of the engagement strictly
+enforced.
+
+The creation of a national foundry for cannon, to be common to the
+service of the Army and Navy of the United States, has been heretofore
+recommended, and appears to be required in order to place our ordnance
+on an equal footing with that of other countries and to enable that
+branch of the service to control the prices of those articles and
+graduate the supplies to the wants of the Government, as well as to
+regulate their quality and insure their uniformity. The same reasons
+induce me to recommend the erection of a manufactory of gunpowder, to
+be under the direction of the Ordnance Office. The establishment of a
+manufactory of small arms west of the Alleghany Mountains, upon the
+plan proposed by the Secretary of War, will contribute to extend
+throughout that country the improvements which exist in establishments
+of a similar description in the Atlantic States, and tend to a much more
+economical distribution of the armament required in the western portion
+of our Union.
+
+The system of removing the Indians west of the Mississippi, commenced
+by Mr. Jefferson in 1804, has been steadily persevered in by every
+succeeding President, and may be considered the settled policy of the
+country. Unconnected at first with any well-defined system for their
+improvement, the inducements held out to the Indians were confined
+to the greater abundance of game to be found in the West; but when
+the beneficial effects of their removal were made apparent a more
+philanthropic and enlightened policy was adopted in purchasing their
+lands east of the Mississippi. Liberal prices were given and provisions
+inserted in all the treaties with them for the application of the funds
+they received in exchange to such purposes as were best calculated to
+promote their present welfare and advance their future civilization.
+These measures have been attended thus far with the happiest results.
+
+It will be seen by referring to the report of the Commissioner of Indian
+Affairs that the most sanguine expectations of the friends and promoters
+of this system have been realized. The Choctaws, Cherokees, and other
+tribes that first emigrated beyond the Mississippi have for the most
+part abandoned the hunter state and become cultivators of the soil.
+The improvement in their condition has been rapid, and it is believed
+that they are now fitted to enjoy the advantages of a simple form of
+government, which has been submitted to them and received their
+sanction; and I can not too strongly urge this subject upon the
+attention of Congress.
+
+Stipulations have been made with all the Indian tribes to remove them
+beyond the Mississippi, except with the bands of the Wyandots, the Six
+Nations in New York, the Menomonees, Munsees, and Stockbridges in
+Wisconsin, and Miamies in Indiana. With all but the Menomonees it is
+expected that arrangements for their emigration will be completed the
+present year. The resistance which has been opposed to their removal by
+some of the tribes even after treaties had been made with them to that
+effect has arisen from various causes, operating differently on each
+of them. In most instances they have been instigated to resistance
+by persons to whom the trade with them and the acquisition of their
+annuities were important, and in some by the personal influence of
+interested chiefs. These obstacles must be overcome, for the Government
+can not relinquish the execution of this policy without sacrificing
+important interests and abandoning the tribes remaining east of the
+Mississippi to certain destruction.
+
+The decrease in numbers of the tribes within the limits of the States
+and Territories has been most rapid. If they be removed, they can be
+protected from those associations and evil practices which exert so
+pernicious and destructive an influence over their destinies. They
+can be induced to labor and to acquire property, and its acquisition
+will inspire them with a feeling of independence. Their minds can be
+cultivated, and they can be taught the value of salutary and uniform
+laws and be made sensible of the blessings of free government and
+capable of enjoying its advantages. In the possession of property,
+knowledge, and a good government, free to give what direction they
+please to their labor, and sharers in the legislation by which their
+persons and the profits of their industry are to be protected and
+secured, they will have an ever-present conviction of the importance of
+union and peace among themselves and of the preservation of amicable
+relations with us. The interests of the United States would also be
+greatly promoted by freeing the relations between the General and State
+Governments from what has proved a most embarrassing incumbrance by a
+satisfactory adjustment of conflicting titles to lands caused by the
+occupation of the Indians, and by causing the resources of the whole
+country to be developed by the power of the State and General
+Governments and improved by the enterprise of a white population.
+
+Intimately connected with this subject is the obligation of the
+Government to fulfill its treaty stipulations and to protect the Indians
+thus assembled "at their new residences from all interruptions and
+disturbances from any other tribes or nations of Indians or from any
+other person or persons whatsoever," and the equally solemn obligation
+to guard from Indian hostility its own border settlements, stretching
+along a line of more than 1,000 miles. To enable the Government to
+redeem this pledge to the Indians and to afford adequate protection to
+its own citizens will require the continual presence of a considerable
+regular force on the frontiers and the establishment of a chain of
+permanent posts. Examinations of the country are now making, with a view
+to decide on the most suitable points for the erection of fortresses and
+other works of defense, the results of which will be presented to you by
+the Secretary of War at an early day, together with a plan for the
+effectual protection of the friendly Indians and the permanent defense
+of the frontier States.
+
+By the report of the Secretary of the Navy herewith communicated it
+appears that unremitted exertions have been made at the different
+navy-yards to carry into effect all authorized measures for the
+extension and employment of our naval force. The launching and
+preparation of the ship of the line _Pennsylvania_ and the complete
+repairs of the ships of the line _Ohio, Delaware_, and _Columbus_ may
+be noticed as forming a respectable addition to this important arm
+of our national defense. Our commerce and navigation have received
+increased aid, and protection during the present year. Our squadrons in
+the Pacific and on the Brazilian station have been much increased, and
+that in the Mediterranean, although small, is adequate to the present
+wants of our commerce in that sea. Additions have been made to our
+squadron on the West India station, where the large force under
+Commodore Dallas has been most actively and efficiently employed in
+protecting our commerce, in preventing the importation of slaves, and
+in cooperating with the officers of the Army in carrying on the war
+in Florida.
+
+The satisfactory condition of our naval force abroad leaves at our
+disposal the means of conveniently providing for a home squadron
+for the protection of commerce upon our extensive coast. The amount
+of appropriations required for such a squadron will be found in the
+general estimates for the naval service for the year 1838.
+
+The naval officers engaged upon our coast survey have rendered important
+service to our navigation. The discovery of a new channel into the
+harbor of New York, through which our largest ships may pass without
+danger, must afford important commercial advantages to that harbor and
+add greatly to its value as a naval station. The accurate survey of
+Georges Shoals, off the coast of Massachusetts, lately completed, will
+render comparatively safe a navigation hitherto considered dangerous.
+
+Considerable additions have been made to the number of captains,
+commanders, lieutenants, surgeons, and assistant surgeons in the Navy.
+These additions were rendered necessary by the increased number of
+vessels put in commission to answer the exigencies of our growing
+commerce.
+
+Your attention is respectfully invited to the various suggestions of the
+Secretary for the improvement of the naval service.
+
+The report of the Postmaster-General exhibits the progress and condition
+of the mail service. The operations of the Post-Office Department
+constitute one of the most active elements of our national prosperity,
+and it is gratifying to observe with what vigor they are conducted. The
+mail routes of the United States cover an extent of about 142,877 miles,
+having been increased about 37,103 miles within the last two years. The
+annual mail transportation on these routes is about 36,228,962 miles,
+having been increased about 10,359,476 miles within the same period. The
+number of post-offices has also been increased from 10,770 to 12,099,
+very few of which receive the mails less than once a week, and a large
+portion of them daily. Contractors and postmasters in general are
+represented as attending to their duties with most commendable zeal and
+fidelity. The revenue of the Department within the year ending on the
+30th of June last was $4,137,056.59, and its liabilities accruing within
+the same time were $3,380,847.75. The increase of revenue over that of
+the preceding year was $708,166.41.
+
+For many interesting details I refer you to the report of the
+Postmaster-General, with the accompanying papers, Your particular
+attention is invited to the necessity of providing a more safe and
+convenient building for the accommodation of that Department.
+
+I lay before Congress copies of reports submitted in pursuance of
+a call made by me upon the heads of Departments for such suggestions
+as their experience might enable them to make as to what further
+legislative provisions may be advantageously adopted to secure the
+faithful application of public moneys to the objects for which they
+are appropriated, to prevent their misapplication or embezzlement by
+those intrusted with the expenditure of them, and generally to increase
+the security of the Government against losses in their disbursement.
+It is needless to dilate on the importance of providing such new
+safeguards as are within the power of legislation to promote these
+ends, and I have little to add to the recommendations submitted in the
+accompanying papers.
+
+By law the terms of service of our most important collecting and
+disbursing officers in the civil departments are limited to four years,
+and when reappointed their bonds are required to be renewed. The safety
+of the public is much increased by this feature of the law, and there
+can be no doubt that its application to all officers intrusted with the
+collection or disbursement of the public money, whatever may be the
+tenure of their offices, would be equally beneficial. I therefore
+recommend, in addition to such of the suggestions presented by the heads
+of Departments as you may think useful, a general provision that all
+officers of the Army or Navy, or in the civil departments, intrusted
+with the receipt or payment of public money, and whose term of service
+is either unlimited or for a longer time than four years, be required to
+give new bonds, with good and sufficient sureties, at the expiration of
+every such period.
+
+A change in the period of terminating the fiscal year, from the 1st
+of October to the 1st of April, has been frequently recommended, and
+appears to be desirable.
+
+The distressing casualties in steamboats which have so frequently
+happened during the year seem to evince the necessity of attempting
+to prevent them by means of severe provisions connected with their
+customhouse papers. This subject was submitted to the attention of
+Congress by the Secretary of the Treasury in his last annual report,
+and will be again noticed at the present session, with additional
+details. It will doubtless receive that early and careful consideration
+which its pressing importance appears to require.
+
+Your attention has heretofore been frequently called to the affairs of
+the District of Columbia, and I should not again ask it did not their
+entire dependence on Congress give them a constant claim upon its
+notice. Separated by the Constitution from the rest of the Union,
+limited in extent, and aided by no legislature of its own, it would seem
+to be a spot where a wise and uniform system of local government might
+have been easily adopted. This District has, however, unfortunately
+been left to linger behind the rest of the Union. Its codes, civil
+and criminal, are not only very defective, but full of obsolete or
+inconvenient provisions. Being formed of portions of two States,
+discrepancies in the laws prevail in different parts of the territory,
+small as it is; and although it was selected as the seat of the General
+Government, the site of its public edifices, the depository of its
+archives, and the residence of officers intrusted with large amounts of
+public property and the management of public business, yet it has never
+been subjected to or received that special and comprehensive legislation
+which these circumstances peculiarly demand. I am well aware of the
+various subjects of greater magnitude and immediate interest that press
+themselves on the consideration of Congress, but I believe there is not
+one that appeals more directly to its justice than a liberal and even
+generous attention to the interests of the District of Columbia and
+a thorough and careful revision of its local government.
+
+M. VAN BUREN
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 6, 1837_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit herewith a report from the Secretary of the Treasury,
+exhibiting a transfer of appropriation that has been made in that
+Department in pursuance of the power vested in the President by the
+first section of the act of Congress of the 3d of March, 1809, entitled
+"An act further to amend the several acts for the establishment and
+regulation of the Treasury, War, and Navy Departments."
+
+M. VAN BUREN
+
+
+
+WASHINGTON, _December, 1837_.
+
+_To the Senate_:
+
+I transmit, for the action of the Senate, treaties negotiated with the
+following Indian tribes, viz:
+
+(1) The Chippewas of the Mississippi; (2) the Kioways, Ka-ta-kas, and
+Ta-wa-ka-ros; (3) the Sioux of the Mississippi; (4) the Sacs and Foxes
+of the Mississippi; (5) the Sioux of the Missouri; (6) the Sacs and
+Foxes of the Missouri; (7) the Winnebagoes; (8) the Ioways.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 11, 1837_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate a report[5] from the Secretary of
+State, with accompanying documents, in pursuance of their resolution
+of the 12th of October last.
+
+M. VAN BUREN.
+
+[Footnote 5: Relating to the capture and sequestration of the ship
+_Mary_, of Baltimore, and her cargo by the Dutch Government at the
+island of Curacoa in 1809.]
+
+
+
+WASHINGTON, _December, 1837_.
+
+_To the Senate of the United States_:
+
+
+In compliance with the resolution of the Senate of the 13th of October
+last, relative to claims of citizens of the United States on the
+Government of the Mexican Republic, I transmit a report from the
+Secretary of State and the documents by which it was accompanied.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 15, 1837_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith a communication from the Secretary of War and the
+plans for marine hospitals on the Western waters, referred to by him,
+which are connected with the annual report from the War Department.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 18, 1837_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report and accompanying documents[6] from the
+Secretary of War, which contain the information called for by a
+resolution of the 13th of October last.
+
+M. VAN BUREN.
+
+[Footnote 6: Relating to adjustment of claims to reservations of land
+under the fourteenth article of the treaty of 1830 with the Choctaw
+Indians.]
+
+
+
+WASHINGTON, _December 21, 1837_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with a resolution of the House of Representatives of the
+last session, I transmit a report made to me by the architect of the
+public buildings, with the accompanying documents, exhibiting a plan of
+the Treasury building now in process of erection, showing its location
+in reference to the adjacent streets and public square on which it is
+located, its elevation, the number and size of the rooms it will afford
+suitable for office business and the number and size of those suitable
+only for the deposit of records, with a statement of the sum expended
+on said building and an estimate of the sum that will be required to
+complete the same. As the fifth section of the act of July 4, 1836,
+under the authority of which this building has been commenced, provides
+only for the erection of an edifice of such dimensions as may be
+required for the present and future accommodation of the Treasury
+Department, the size of the structure has been adapted to that purpose;
+and it is not contemplated to appropriate any part of the building to
+the use of any other Department. As it is understood, however, that the
+plan of the edifice admits of its being completed either with or without
+wings, and that if Congress should think proper accommodation may be
+provided by means of wings consistently with the harmony of the original
+design for the Department of State and the General Post-Office, it is
+not thought that the public interest requires any change in the location
+or plan, although it is believed that the convenience of the public
+business would be promoted by including in the building the proposed
+accommodations for the two other Departments just mentioned. The report
+of the architect shows the supposed difference of the expense that would
+be incurred in the event of the construction of the building with wings,
+in taking down the edifice now occupied by the Department of State, or
+repairing it so as to render it fireproof and make its outside conform
+to the other parts of the new building.
+
+I also transmit statements from the heads of the several Departments of
+the number and size of the rooms that are necessary for their respective
+Departments for office business and for the deposit of records.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 22, 1837_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate a report from the Secretary of State,
+in answer to their resolution of the 16th of October last.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_WASHINGTON, December 22, 1837_.
+
+The PRESIDENT OF THE UNITED STATES:
+
+The Secretary of State, to whom has been referred the resolution of
+the Senate of the 16th of October last, requesting the President of
+the United States to communicate to that body "at the next session
+of Congress (if not inconsistent with the public interest) any
+correspondence between the Government of the United States and any
+foreign government relative to the occupation of the territory of the
+United States west of the Rocky Mountains and bordering on the Pacific
+Ocean, and whether any, and, if so, what, portion of the said territory
+is in the possession of any foreign power," has the honor to report to
+the President that no correspondence between this and any foreign
+government on the subject referred to has passed since the negotiation
+of the existing convention of 1827 with Great Britain, by which the
+provisions of the third article of the convention of the 20th of
+October, 1818, with His Britannic Majesty, leaving the territory claimed
+by either power westward of the Rocky Mountains free and open to the
+citizens and subjects of both, were extended and continued in force
+indefinitely, but liable to be annulled at the will of either party, on
+due notice of twelve months, at anytime after the 20th of October, 1828,
+and that the papers relating to the negotiation to which allusion has
+just been made were communicated to the Senate in confidence in the
+early part of the first session of the Twentieth Congress.
+
+With regard to the second clause of the resolution above cited, the
+Secretary has to state that the trading establishment called "Astoria,"
+at the mouth of the Columbia River, formerly belonging to John Jacob
+Astor, of New York, was sold to, and therefore left in the possession
+of, the British Northwest Company, which subsequently united with the
+British Hudson Bay Company; that this company has now several depots in
+the country, the principal of which is at Fort Vancouver, on the north
+bank of the Columbia River, and about 80 or 100 miles from its mouth.
+It appears that these posts have not been considered as being in
+contravention of the third article of the convention of 1818, before
+referred to; and if not, there is no portion of the territory claimed
+by the United States west of the Stony Mountains known to be in the
+exclusive possession of a foreign power. It is known, by information
+recently obtained, that the English company have a steamboat on the
+Columbia, and have erected a sawmill and are cutting timber on the
+territory claimed by the United States, and shipping it in considerable
+quantities to the Sandwich Islands.
+
+Respectfully submitted,
+
+JOHN FORSYTH
+
+
+
+WASHINGTON, _December 26, 1837_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report from the
+Secretary of State, in answer to their resolution of the 9th of October
+last.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_WASHINGTON, December 23, 1837_.
+
+The PRESIDENT OF THE UNITED STATES:
+
+The Secretary of State, to whom has been referred the resolution of the
+House of Representatives of the 9th of October last, requesting the
+President to communicate to that House "at its next session, so far as
+in his judgment is consistent with the public interest, whether any
+foreign power, or the subjects of any foreign power, have possession of
+any portion of the territory of the United States on the Columbia River,
+or are in the occupancy of the same, and, if so, in what way, by what
+authority, and how long such possession or occupancy has been kept by
+such persons," has the honor to report to the President that a trading
+establishment called "Astoria" was founded at the mouth of the Columbia
+River about the year 1811 by J.J. Astor, of New York; that his interest
+was sold to the British Northwest Company during the late war between
+the United States and Great Britain; that this company held it, and were
+left in possession at the time the country was formally delivered to the
+American commissioners, and that this company afterwards united with and
+became a part of the Hudson Bay Company under that name, which company,
+it is believed, have from the period of such union occupied the post in
+question, now commonly called "Fort George." The Hudson Bay Company have
+also several depots situated on water courses in the interior of the
+country. The principal one is at Fort Vancouver, on the northern bank of
+the Columbia River, about 80 or 100 miles from its mouth. It is known by
+information recently obtained that the English company have a steamboat
+on this river, and that they have erected a sawmill and are cutting
+timber on the territory claimed by the United States, and are shipping
+it in considerable quantities to the Sandwich Islands.
+
+The original occupation was under the authority of the purchase of J.J.
+Astor's interest, and it has been continued under the provisions of the
+conventions of 1818 and 1827 with Great Britain. By the third article
+of the first of these conventions it is stipulated that the territory
+claimed by either power westward of the Rocky Mountains shall be free
+and open for a term of years to the citizens and subjects of both. By
+the second convention this stipulation is extended and continued in
+force indefinitely, liable, however, to be annulled at any time after
+the 20th of October, 1828, at the will of either party, on due notice
+of twelve months.
+
+Respectfully submitted,
+
+JOHN FORSYTH.
+
+
+
+WASHINGTON, _January 5, 1838_.
+
+_To the Senate and House of Representatives of the United States_:
+
+Recent experience on the southern boundary of the United States and the
+events now daily occurring on our northern frontier have abundantly
+shown that the existing laws are insufficient to guard against hostile
+invasion from the United States of the territory of friendly and
+neighboring nations.
+
+The laws in force provide sufficient penalties for the punishment of
+such offenses after they have been committed, and provided the parties
+can be found, but the Executive is powerless in many cases to prevent
+the commission of them, even when in possession of ample evidence of
+an intention on the part of evil-disposed persons to violate our laws.
+
+Your attention is called to this defect in our legislation. It is
+apparent that the Executive ought to be clothed with adequate power
+effectually to restrain all persons within our jurisdiction from the
+commission of acts of this character. They tend to disturb the peace
+of the country and inevitably involve the Government in perplexing
+controversies with foreign powers. I recommend a careful revision of all
+the laws now in force and such additional enactments as may be necessary
+to vest in the Executive full power to prevent injuries being inflicted
+upon neighboring nations by the unauthorized and unlawful acts of
+citizens of the United States or of other persons who may be within our
+jurisdiction and subject to our control.
+
+In illustration of these views and to show the necessity of early action
+on the part of Congress, I submit herewith a copy of a letter received
+from the marshal of the northern district of New York, who had been
+directed to repair to the frontier and take all authorized measures to
+secure the faithful execution of existing laws.
+
+M. VAN BUREN.
+
+
+
+BUFFALO, _December 28, 1837_.
+
+His Excellency M. VAN BUREN.
+
+SIR: This frontier is in a state of commotion. I came to this city on
+the 22d instant, by direction of the United States attorney for the
+northern district of this State, for the purpose of serving process upon
+individuals suspected of violating the laws of the United States enacted
+with a view to maintain our neutrality. I learned on my arrival that
+some 200 or 300 men, mostly from the district of country adjoining this
+frontier and from this side of the Niagara, had congregated upon Navy
+Island (Upper Canada), and were there in arms, with Rensselaer van
+Rensselaer, of Albany, at their head as commander in chief. From that
+time to the present they have received constant accessions of men,
+munitions of war, provisions, etc., from persons residing within the
+States. Their whole force is now about 1,000 strong, and, as is said,
+are well supplied with arms, etc.
+
+Warrants have been issued in some cases, but no arrests have as yet been
+effected. This expedition was got up in this city soon after McKenzie's
+arrival upon this side of the river, and the first company that landed
+upon the island were organized, partially at least, before they crossed
+from this side to the island.
+
+From all that I can see and learn I am satisfied that if the Government
+deem it their duty to prevent supplies being furnished from this side to
+the army on the island, and also the augmentation of their forces from
+among the citizens of the States, that an armed force stationed along
+upon the line of the Niagara will be absolutely necessary to its
+accomplishment.
+
+I have just received a communication from Colonel McNab, commanding His
+Majesty's forces now at Chippewa, in which he strongly urges the public
+authorities here to prevent supplies being furnished to the army on the
+island, at the same time stating that if this can be effected the whole
+affair could be closed without any effusion of blood.
+
+McNab is about 2,500 strong and constantly increasing. I replied to
+him that I should communicate with you immediately, as also with the
+governor of this State, and that everything which could would be done
+to maintain a strict neutrality.
+
+I learn that persons here are engaged in dislodging one or more
+steamboats from the ice, and, as is supposed, with a view to aid in the
+patriot expedition.
+
+I am, sir, with great consideration, your obedient servant,
+
+N. GANON,
+
+_United States Marshal, Northern District of New York_,
+
+
+
+WASHINGTON, _January 8, 1838_.
+
+_To the House of Representatives of the United States_:
+
+In answer to the resolution of the House of Representatives of the 5th
+instant, respecting the capture[7] and restoration of the Mexican brig
+of war the _General Urrea_, I transmit reports from the Secretaries of
+State and the Navy.
+
+M. VAN BUREN.
+
+[Footnote 7: By the United States sloop of war _Natchez_ off the coast
+of Texas.]
+
+
+
+WASHINGTON, _January 8, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report,[8] and
+accompanying documents, from the Secretary of State, in compliance with
+a resolution of that body dated the 5th instant.
+
+M. VAN BUREN.
+
+[Footnote 8: Transmitting instructions and correspondence concerning the
+preservation of the neutrality of the United States in the civil wars
+and insurrections in Mexico and in any of the British Provinces north of
+the United States since 1829.]
+
+
+
+WASHINGTON, _January 8, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report from the
+Secretary of State, in answer to a resolution[9] of that body dated the
+5th instant.
+
+M. VAN BUREN.
+
+[Footnote 9: Calling for information of any acts endangering the
+amicable relations with Great Britain.]
+
+
+
+WASHINGTON, _January 8, 1838_.
+
+_To the Senate and House of Representatives of the United States_:
+
+In the highly excited state of feeling on the northern frontier,
+occasioned by the disturbances in Canada, it was to be apprehended that
+causes of complaint might arise on the line dividing the United States
+from Her Britannic Majesty's dominions. Every precaution was therefore
+taken on our part authorized by the existing laws, and as the troops of
+the Provinces were embodied on the Canadian side it was hoped that no
+serious violation of the rights of the United States would be permitted
+to occur. I regret, however, to inform you that an outrage of a most
+aggravated character has been committed, accompanied by a hostile though
+temporary invasion of our territory, producing the strongest feelings of
+resentment on the part of our citizens in the neighborhood and on the
+whole border line, and that the excitement previously existing has been
+alarmingly increased. To guard against the possible recurrence of any
+similar act I have thought it indispensable to call out a portion of the
+militia, to be posted on that frontier. The documents herewith presented
+to Congress show the character of the outrage committed, the measures
+taken in consequence of its occurrence, and the necessity for resorting
+to them.
+
+It will also be seen that the subject was immediately brought to the
+notice of the British minister accredited to this country, and the
+proper steps taken on our part to obtain the fullest information of
+all the circumstances leading to and attendant upon the transaction,
+preparatory to a demand for reparation. I ask such appropriations as the
+circumstances in which our country is thus unexpectedly placed require.
+
+M. VAN BUREN.
+
+
+
+_Mr. Rogers to the President_.
+
+BUFFALO, _December 30, 1837_.
+
+His Excellency MARTIN VAN BUREN,
+
+_President of the United States_.
+
+SIR: Inclosed are copies of affidavits which I have prepared in great
+haste, and which contain all that is material in relation to the gross
+and extraordinary transaction to which they relate. Our whole frontier
+is in commotion, and I fear it will be difficult to restrain our
+citizens from revenging by a resort to arms this flagrant invasion
+of our territory. Everything that can be done will be by the public
+authorities to prevent so injudicious a movement. The respective
+sheriffs of Erie and Niagara have taken the responsibility of calling
+out the militia to guard the frontier and prevent any further
+depredations.
+
+I am, sir, with great consideration, your obedient servant,
+
+H.W. ROGERS,
+
+_District Attorney for Erie County, and Acting for the United States_.
+
+
+
+STATE OF NEW YORK, _Niagara County, ss_:
+
+Gilman Appleby, of the city of Buffalo, being sworn, says that he left
+the port of Buffalo on the morning of the 29th instant in the steamboat
+_Caroline_, owned by William Wells, of Buffalo, and bound for Schlosser,
+upon the east side of the Niagara River and within the United States;
+that this deponent commanded the said _Caroline_, and that she was
+cleared from Buffalo with a view to run between said Buffalo and
+Schlosser, carrying passengers, freight, etc.; that this deponent caused
+the said _Caroline_ to be landed at Black Rock on her way down, and that
+while at Black Rock this deponent caused the American flag to be run up,
+and that soon after leaving Black Rock Harbor a volley of musketry was
+discharged at the _Caroline_ from the Canada shore, but without injury;
+that the said _Caroline_ continued her course down the Niagara River
+unmolested and landed outside of certain scows or boats attached to Navy
+Island, where a number of passengers disembarked and, as this deponent
+supposes, certain articles of freight were landed; that from this point
+the _Caroline_ ran to Schlosser, arriving there at 3 o'clock in the
+afternoon; that between this time and dark the _Caroline_ made two
+trips to Navy Island, landing as before; that at about 6 o'clock in
+the evening this deponent caused the said _Caroline_ to be landed at
+Schlosser and made fast with chains to the dock at that place; that the
+crew and officers of the _Caroline_ numbered ten, and that in the course
+of the evening twenty-three individuals, all of whom were citizens of
+the United States, came on board of the _Caroline_ and requested this
+deponent and other officers of the boat to permit them to remain on
+board during the night, as they were unable to get lodgings at the
+tavern near by; these requests were acceded to, and the persons thus
+coming on board retired to rest, as did also the crew and officers of
+the _Caroline_, except such as were stationed to watch during the night;
+that about midnight this deponent was informed by one of the watch that
+several boats filled with men were making toward the _Caroline_ from the
+river, and this deponent immediately gave the alarm, and before he was
+able to reach the dock the _Caroline_ was boarded by some seventy or
+eighty men, all of whom were armed; that they immediately commenced a
+warfare with muskets, swords, and cutlasses upon the defenseless crew
+and passengers of the _Caroline_ under a fierce cry of "G--d d--n them,
+give them no quarters; kill every man. Fire! fire!"; that the _Caroline_
+was abandoned without resistance, and the only effort made by either the
+crew or passengers seemed to be to escape slaughter; that this deponent
+narrowly escaped, having received several wounds, none of which,
+however, are of a serious character; that immediately after the
+_Caroline_ fell into the hands of the armed force who boarded her she
+was set on fire, cut loose from the dock, was towed into the current of
+the river, there abandoned, and soon after descended the Niagara Falls;
+that this deponent has made vigilant search after the individuals,
+thirty-three in number, who are known to have been on the _Caroline_ at
+the time she was boarded, and twenty-one only are to be found, one of
+which, to wit, Amos Durfee, of Buffalo, was found dead upon the dock,
+having received a shot from a musket, the ball of which penetrated the
+back part of the head and came out at the forehead; James H. King and
+Captain C.F. Harding were seriously though not mortally wounded; several
+others received slight wounds; the twelve individuals who are missing,
+this deponent has no doubt, were either murdered upon the steamboat or
+found a watery grave in the cataract of the Falls; and this deponent
+further says that immediately after the _Caroline_ was got into the
+current of the stream and abandoned, as before stated, beacon lights
+were discovered upon the Canada shore near Chippewa, and after
+sufficient time had elapsed to enable the boats to reach that shore this
+deponent distinctly heard loud and vociferous cheering at that point;
+that this deponent has no doubt that the individuals who boarded the
+_Caroline_ were a part of the British forces now stationed at Chippewa.
+
+[Subscribed and sworn to before a commissioner, etc.]
+
+STATE OF NEW YORK, _Niagara County, ss_:
+
+Charles F. Harding, James H. King, Joshua H. Smith, William Seaman,
+William Kennedy, William Wells, John Leonard, Sylvanus Staring, and John
+Haggarty, being sworn, severally depose and say that they have heard
+the foregoing affidavit of Gilman Appleby read; that they were on the
+_Caroline_ at the time she was boarded as stated in said affidavit, and
+that all the facts sworn to by said Appleby as occurring after the said
+_Caroline_ was so boarded as aforesaid are correct and true.
+
+[Subscribed and sworn to before a commissioner, etc.]
+
+
+
+_Mr. Poinsett to General Scott_.
+
+DEPARTMENT OF WAR, _January 5, 1838_.
+
+Brevet Major-General WINFIELD SCOTT,
+
+_Washington City_.
+
+SIR: You will repair without delay to the Canada frontier of the United
+States and assume the military command there.
+
+Herewith you will receive duplicate letters to the governors of the
+States of New York and Vermont, requesting them to call into the service
+of the United States such a militia force as you may deem necessary for
+the defense of that frontier of the United States.
+
+This power has been confided to you in the full persuasion that you will
+use it discreetly and extend the call only so far as circumstances may
+seem to require.
+
+It is important that the troops called into the service should be, if
+possible, exempt from that state of excitement which the late violation
+of our territory has created, and you will therefore impress upon the
+governors of these border States the propriety of selecting troops from
+a portion of the State distant from the theater of action.
+
+The Executive possesses no legal authority to employ the military force
+to restrain persons within our jurisdiction and who ought to be under
+our control from violating the laws by making incursions into the
+territory of neighboring and friendly nations with hostile intent. I can
+give you, therefore, no instructions on that subject, but request that
+you will use your influence to prevent such excesses and to preserve the
+character of this Government for good faith and a proper regard for the
+rights of friendly powers.
+
+The militia will be called into the service for three months, unless
+sooner discharged, and in your requisitions you will designate the
+number of men and take care that the officers do not exceed a due
+proportion.
+
+It is deemed important that the administrative branch of the service
+should be conducted wherever practicable by officers of the Regular
+Army.
+
+The disposition of the force with regard to the points to be occupied is
+confided to your discretion, military skill, and intimate knowledge of
+the country; and the amount of that force must depend upon the character
+and duration of the contest now going on in Canada and the disposition
+manifested by the people and the public authorities of that colony.
+
+The President indulges a hope that outrages similar to that which lately
+occurred at Schlosser will not be repeated, and that you will be able to
+maintain the peace of that frontier without being called upon to use the
+force which has been confided to you.
+
+Very respectfully, your most obedient servant,
+
+J.R. POINSETT.
+
+
+
+_Mr. Poinsett to Governor Marcy_.
+
+
+DEPARTMENT OF WAR, _January 5, 1838_.
+
+His Excellency W.L. MARCY,
+
+_Governor of New York, Albany, N.Y._
+
+SIR: The territory of the United States having been violated by a party
+of armed men from the Canada shore, and apprehensions being entertained
+from the highly excited feelings of both parties that similar outrages
+may lead to an invasion of our soil, the President has thought proper to
+exercise the authority vested in him by law and call out such militia
+force as may be deemed necessary to protect the frontiers of the United
+States.
+
+I am, in consequence, instructed by the President to request you will
+call into the service of the United States and place under the command
+of Brevet Major-General Scott such militia force as he may require, to
+be employed on the Canada frontier for the purpose herein set forth.
+
+Very respectfully, your most obedient servant,
+
+J.R. POINSETT
+
+[Same to His Excellency Silas H. Jennison, governor of Vermont,
+Montpelier, Vt.]
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_WASHINGTON, January 5, 1838_.
+
+HENRY S. Fox, Esq., etc.
+
+SIR: By the direction of the President of the United States I have the
+honor to communicate to you a copy of the evidence furnished to this
+Department of an extraordinary outrage committed from Her Britannic
+Majesty's Province of Upper Canada on the persons and property of
+citizens of the United States within the jurisdiction of the State of
+New York. The destruction of the property and assassination of citizens
+of the United States on the soil of New York at the moment when, as is
+well known to you, the President was anxiously endeavoring to allay the
+excitement and earnestly seeking to prevent any unfortunate occurrence
+on the frontier of Canada has produced upon his mind the most painful
+emotions of surprise and regret. It will necessarily form the subject of
+a demand for redress upon Her Majesty's Government. This communication
+is made to you under the expectation that through your instrumentality
+an early explanation may be obtained from the authorities of Upper
+Canada of all the circumstances of the transaction, and that by your
+advice to those authorities such decisive precautions may be used as
+will render the perpetration of similar acts hereafter impossible.
+Not doubting the disposition of the government of Upper Canada to do
+its duty in punishing the aggressors and preventing future outrage,
+the President, notwithstanding, has deemed it necessary to order
+a sufficient force on the frontier to repel any attempt of a like
+character, and to make known to you that if it should occur he can not
+be answerable for the effects of the indignation of the neighboring
+people of the United States.
+
+I take this occasion to renew to you the assurance of my distinguished
+consideration.
+
+JOHN FORSYTH.
+
+
+
+WASHINGTON, _January 12, 1838_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress copies of a representation from a late grand jury
+of the county of Washington, in this District, concurred in by two of
+the judges of the circuit court, of the necessity of the erection of a
+new jail and a lunatic asylum in this city. I also transmit copies of
+certain proceedings of the circuit court for the county of Alexandria at
+the last October term, and of a representation of the grand jury, made
+with the approbation of the court, showing the unsafe condition of the
+court-house of that county and the necessity for a new one.
+
+I recommend these objects to the favorable consideration of Congress.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 12, 1838_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+
+In answer to a resolution of the House of Representatives of the 2d
+instant, I transmit herewith a report[10] of the Secretary of War,
+explanatory of the causes which have prevented a compliance with a
+resolution of that branch of Congress of February 24, 1837.
+
+M. VAN BUREN.
+
+[Footnote 10: Relating to alleged frauds upon the Creek Indians in the
+sale and purchase of their lands, etc.]
+
+
+
+WASHINGTON, _January 13, 1838_.
+
+_To the Senate_:
+
+I transmit to the Senate, for its constitutional action, a treaty made
+with the Chippewa Indians of Saganaw on the 20th of December, 1837.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 26, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith communicate to the House of Representatives a report from the
+Secretary of State, with accompanying documents, in answer to their
+resolution of the 9th instant.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_WASHINGTON, January 25, 1838_.
+
+The PRESIDENT OF THE UNITED STATES:
+
+The Secretary of State, to whom has been referred a resolution of
+the House of Representatives, dated the 9th instant, requesting the
+President to communicate to that body "what measures, if any, have
+been taken by the Executive for the release of Mr. Greely, a citizen
+of Maine, now imprisoned in the provincial jail of New Brunswick at
+Frederickton for an alleged violation of the jurisdiction of said
+Province over the territory claimed by the British Government; and also
+to communicate any correspondence which the executive department may
+have had with the British Government or the executive of Maine upon the
+subject of said Greely's imprisonment, so far as a communication of the
+same may be deemed by him not incompatible with the public interest;"
+and likewise requesting the President, if not incompatible with the
+public interests, to communicate to that House "any correspondence or
+communication held between the Government of the United States and
+that of Great Britain at different times respecting the wardenship,
+occupation, or actual possession of that part of the territory of the
+State of Maine which is claimed by Great Britain," has the honor to
+report to the President the accompanying documents, which embrace the
+information and correspondence not heretofore published by Congress
+called for by the above-cited resolution.
+
+Respectfully submitted,
+
+JOHN FORSYTH.
+
+
+
+_The governor of Maine to the President of the United States_.
+
+STATE OF MAINE, EXECUTIVE DEPARTMENT,
+
+_September 18, 1837_.
+
+His Excellency MARTIN VAN BUREN,
+
+_President of the United States_.
+
+SIR: I lose no time in advising Your Excellency that Ebenezer S. Greely,
+esq., a citizen of this State, while employed within its limits and
+under its authority in taking an enumeration of the inhabitants of the
+county of Penobscot residing north of the surveyed and located
+townships, has been arrested a second time by the provincial authorities
+of New Brunswick, and is now in confinement in the jail of Frederickton.
+
+It becomes my duty to request that prompt measures be adopted by the
+Government of the United States to effect the release of Mr. Greely.
+
+I have the honor to be, etc.,
+
+ROBERT P. DUNLAP.
+
+
+
+_Mr. Forsyth to Mr. Dunlap_.
+
+DEPARTMENT OF STATE,
+
+_Washington, September 26, 1837_.
+
+His Excellency ROBERT P. DUNLAP,
+
+_Governor of Maine_.
+
+SIR: I have the honor, by direction of the President, to acknowledge the
+receipt of the letter addressed to him by your excellency on the 18th
+instant, advising him that Ebenezer S. Greely, esq., a citizen of Maine,
+while employed within its limits and under its authority in taking an
+enumeration of the inhabitants of the county of Penobscot, has been
+arrested a second time by the provincial authorities of New Brunswick,
+and is now in confinement in the jail at Frederickton; and requesting
+that prompt measures be adopted by the Government of the United States
+to effect the release of Mr. Greely.
+
+I hasten to assure you in reply that Mr. Stevenson, the minister of the
+United States at London, will be immediately instructed to renew his
+application to the British Government for the release of Mr. Greely, and
+that the result, when obtained and communicated to this Department, will
+be made known to your excellency without unnecessary delay.
+
+Information was given at an early day to the executive of Maine of the
+informal arrangement between the United States and Great Britain in
+regard to the exercise of jurisdiction within the disputed territory,
+and the President's desire was then expressed that the government and
+people of that State would cooperate with the Federal Government in
+carrying it into effect. In the letter addressed to your excellency from
+this Department on the 17th ultimo you were informed of the continuance
+of that arrangement and of the reasons for it. I am now instructed by
+the President (who indulges the confident expectation that the executive
+of Maine will still see in the gravity of the interests involved a
+sufficient motive for his cordial concurrence in an arrangement which
+offers the best prospect of an amicable and satisfactory adjustment
+of the general question of boundary) to request your excellency's
+cooperation in the conciliatory course adopted by the two Governments,
+an adherence to which seems the more important at this time from the
+consideration that an answer to the President's last proposition is
+daily looked for, and to renew to you the assurance that no efforts
+shall be spared on his part to bring the negotiation to a speedy
+conclusion.
+
+I have the honor to be, etc.,
+
+JOHN FORSYTH.
+
+
+
+_Mr. Forsyth to Mr. Stevenson_.
+
+[Extract.]
+
+DEPARTMENT OF STATE,
+
+_Washington, July 12, 1837_.
+
+ANDREW STEVENSON, Esq., etc.
+
+SIR: I inclose an extract[11] of a letter received at this Department
+from the governor of Maine, by which you will perceive that a citizen of
+that State, named Ebenezer S. Greely, while employed, in virtue of an
+appointment under one of its laws, in making an enumeration of the
+inhabitants upon a part of the territory claimed as being within the
+limits of the State, was seized by order of the authorities of the
+Province of New Brunswick on the 6th of June last and imprisoned in the
+public jail of Frederickton, where he still remains. I also transmit a
+copy of sundry documents relating to his arrest and detention.[12] This
+outrage upon the personal liberty of one of its citizens has actually
+caused great excitement in Maine, and has produced an urgent appeal to
+the General Government for its intervention in procuring redress for
+what is considered an unprovoked and unjustifiable aggression. This
+arrest was made on a part of the territory in dispute between the
+United States and Great Britain, and could only have been justified in
+the existing state of that controversy by some plain infringement of
+the understanding which exists between the parties, that until the
+settlement of the question of right there shall be no extension of
+jurisdiction on either side within the disputed limits. It is not
+perceived how the simple enumeration of the inhabitants, about which
+Mr. Greely was employed, could be construed as a breach of that
+understanding, and it is expected that the Government of Great Britain
+will promptly mark its disapproval of this act of violence committed
+by the provincial authorities, so inconsistent with those amicable
+feelings under which the negotiation respecting the controverted
+boundary has been hitherto conducted, and so essential to bring it
+to a happy termination. You are directed immediately upon the receipt
+of this dispatch to bring the subject to the notice of His Majesty's
+Government, and to demand as a matter of justice and right the prompt
+release of Mr. Greely and a suitable indemnity for his imprisonment.
+
+[Footnote 11: Omitted.]
+
+[Footnote 12: Omitted.]
+
+
+
+_Mr. Stevenson to Mr. Forsyth_.
+
+[Extract.]
+
+
+LEGATION OF THE UNITED STATES,
+
+_London, August 21, 1837_.
+
+SIR: I received by the last packet to Liverpool your dispatch of the
+12th of July (No. 21), transmitting copies of the documents and
+correspondence in relation to the arrest and imprisonment of Mr. Greely,
+a citizen of Maine, by the authorities of New Brunswick.
+
+In pursuance of your instructions, I lost no time in presenting the
+subject to the consideration of the Government, and herewith transmit
+to you a copy of my note to Lord Palmerston, to which no answer has yet
+been received.
+
+You will see that I waived for the present the discussion of the
+question of right and jurisdiction, and contented myself with presenting
+the facts of the case and demanding the immediate release of Mr. Greely
+and indemnity for the injuries which he had sustained.
+
+
+
+_Mr. Stevenson to Lord Palmerston_.
+
+23 PORTLAND PLACE, _August 10, 1837_.
+
+LORD PALMERSTON, etc.:
+
+The undersigned, envoy extraordinary and minister plenipotentiary from
+the United States, has the honor, in pursuance of instructions from his
+Government, to transmit to Lord Palmerston, Her Majesty's principal
+secretary of state for foreign affairs, copies of sundry official
+documents detailing the circumstances under which a most unwarrantable
+outrage has recently been committed by the authorities of the Province
+of New Brunswick upon the rights and liberty of a citizen of the United
+States.
+
+From these papers it appears that Ebenezer S. Greely, a citizen of
+the State of Maine, was duly appointed for the purpose of taking
+an enumeration of the inhabitants of that State by an act of its
+legislature; that on the 6th of June last, whilst Mr. Greely was engaged
+in performing this duty and taking down the names of the inhabitants
+residing in that part of the disputed territory claimed by the United
+States as lying within the limits of Maine, he was forcibly arrested by
+the authorities of New Brunswick, immediately transported in custody to
+the town of Frederickton, and imprisoned in the public jail, where he
+still remains. This proceeding by the authorities of New Brunswick,
+having produced, as might justly have been expected, very deep
+excitement in Maine, was followed by an immediate appeal from the
+governor of that State to the Government of the United States for
+intervention and redress.
+
+This application on the part of Maine having received the special
+consideration of the President, the undersigned has been instructed
+to lose no time in presenting the subject to the early and earnest
+attention of Her Majesty's Government, and demanding not only the
+immediate liberation of Mr. Greely from imprisonment, but indemnity
+for the injuries that he has sustained.
+
+In fulfilling these instructions of his Government it is not the
+purpose of the undersigned to open the general discussion of the
+respective claims of Great Britain and the United States to the disputed
+territory (within which Mr. Greely was arrested), or the right of either
+Government to exercise jurisdiction within its limits. Whatever opinion
+the undersigned may entertain as to the rightful claim of the State of
+Maine to the territory in dispute, and however unanswerable he may
+regard the arguments by which the claim may be sustained, he deems
+it neither proper nor needful to urge them upon the consideration of
+Her Majesty's Government in the decision of the present case; more
+especially as the whole subject is elsewhere, and in another form,
+matter of negotiation between the two Governments, where the discussion
+of the question of right more appropriately belongs. The undersigned,
+moreover, does not presume that pending the negotiation, and whilst
+efforts are making for the peaceable and final adjustment of these
+delicate and exciting questions, Her Majesty's Government can claim
+the right of exclusive jurisdiction and sovereignty over the disputed
+territory or the persons residing within its limits. In such a claim of
+power on the part of Great Britain or its provincial authorities, the
+undersigned need not repeat to Lord Palmerston (what he is already fully
+apprised of) the Government of the United States can never consent to
+acquiesce in the existing state of the controversy. On the contrary,
+the mutual understanding which exists between the two Governments on
+the subject and the moderation which both Governments have heretofore
+manifested forbid the exercise by either of such high acts of sovereign
+power as that which has been exerted in the present case by the
+authorities of Her Majesty's provincial government.
+
+The undersigned must therefore suppose that this arrest and imprisonment
+of an American citizen under such circumstances and in the existing
+state of the controversy could only have been justified by some supposed
+infringement of the understanding existing between the parties in
+relation to the question of jurisdiction within the disputed territory.
+Such, however, was not the case. The correspondence between the governor
+of Maine and the lieutenant-governor of New Brunswick shows that
+the only act done by Mr. Greely was the simple enumeration of the
+inhabitants, and it is not perceived how such an act could be construed
+into a breach of the understanding between the two Governments.
+
+It is proper also to remark that this was not the first time that the
+inhabitants within this particular settlement had been enumerated under
+the authority of the United States. It was done in the census of 1820
+(as a portion of the State of Maine), and was at the time neither
+objected to nor remonstrated against by the British Government or that
+of New Brunswick.
+
+Wherever, then, the right of jurisdiction and sovereignty over this
+territory may dwell, the undersigned feels satisfied that Her Majesty's
+Government can not fail to perceive that the arrest and imprisonment of
+Mr. Greely under the circumstances of the case was not only a violation
+of the rights of the United States, but was wholly irreconcilable with
+that moderation and forbearance which it is peculiarly the duty of both
+Governments to maintain until the question of right shall be
+definitively settled.
+
+It becomes the duty of the undersigned, therefore, in pursuance of
+special instructions from his Government, to invite the early and
+favorable consideration of Her Majesty's Government to the subject, and
+to demand, as a matter of justice and right, the immediate discharge of
+Mr. Greely from imprisonment, and a suitable indemnity for the wrongs
+he has sustained.
+
+Before closing this note the undersigned will avail himself of the
+occasion to remind Lord Palmerston of the urgency which exists for the
+immediate and final adjustment of this long-pending controversy, and the
+increased obstacles which will be thrown in the way of its harmonious
+settlement by these repeated collisions of authority and the exercise of
+exclusive jurisdiction by either party within the disputed territory.
+
+He begs leave also to repeat to his lordship assurances of the earnest
+and unabated desire which the President feels that the controversy
+should be speedily and amicably settled, and to express the anxiety
+with which the Government of the United States is waiting the promised
+decision of Her Majesty's Government upon the proposition submitted
+to it as far back as July, 1836, and which the undersigned had been
+led to believe would long since have been given; and he has been
+further directed to say that should this proposition be disapproved
+the President entertains the hope that some new one on the part of
+Her Majesty's Government will immediately be made for the final and
+favorable termination of this protracted and deeply exciting
+controversy.
+
+The undersigned begs Lord Palmerston to receive renewed assurances of
+his distinguished consideration.
+
+A. STEVENSON.
+
+
+
+_Mr. Forsyth to Mr. Stevenson_.
+
+DEPARTMENT OF STATE,
+
+_Washington, September 28, 1837_.
+
+ANDREW STEVENSON, Esq., etc.
+
+SIR: You will receive herewith the copy of a note, dated the 18th
+instant, recently received by the President from the governor of Maine,
+who alleges that Ebenezer S. Greely, esq., a citizen of that State,
+while employed within its limits and under its authority in enumerating
+the inhabitants of Penobscot County, has been again arrested and
+imprisoned by the provincial authorities of New Brunswick, and requests
+that speedy measures be adopted by the Government of the United States
+to procure the release of Mr. Greely.
+
+Governor Dunlap has been assured, by the President's direction, that
+steps would be immediately taken to effect that object, and you are
+accordingly instructed, on the receipt of this dispatch, to bring the
+subject without delay to the attention of the British secretary of state
+for foreign affairs. You will remonstrate in a respectful but earnest
+manner against this second violation of the rights of Maine in the
+person of her agent, and demand the prompt release of Mr. Greely, with
+such additional indemnification as the nature of the outrage calls for.
+
+I am, etc.,
+
+JOHN FORSYTH.
+
+
+
+_Mr. Stevenson to Mr. Forsyth_.
+
+[Extracts.]
+
+LEGATION OF THE UNITED STATES,
+
+_London, November 22, 1837_.
+
+On my return to London, after an absence of a few weeks, I found your
+dispatches Nos. 26 and 27, under date of the 8th and 28th of September.
+In pursuance of your instructions I addressed an official note to Lord
+Palmerston on the subject of the second arrest and imprisonment of Mr.
+Greely by the provincial authority of New Brunswick, a copy of which
+I have now the honor of transmitting to you.
+
+No answer has yet been received to my first note, but I presume a
+decision of the case may be soon expected.
+
+
+
+_Mr. Stevenson to Lord Palmerston_.
+
+23 PORTLAND PLACE, _November 8, 1837_.
+
+The undersigned, envoy extraordinary and minister plenipotentiary
+from the United States, had the honor on the 10th of August last
+of addressing to Lord Viscount Palmerston, Her Majesty's principal
+secretary of state for foreign affairs, an official note complaining
+of the arrest and imprisonment of Ebenezer S. Greely, a citizen of
+the United States, by the provincial authorities of New Brunswick,
+and demanding, by order of his Government, the immediate release of
+Mr. Greely from imprisonment, with suitable indemnity for the wrongs
+he had sustained. To this communication a note was received from his
+lordship, under date of the 22d of the same month, in which an assurance
+was given that an early answer to the complaint might be expected.
+No answer, however, has yet been received, and it is with unfeigned
+regret that the undersigned finds himself constrained, in again inviting
+the attention of Her Majesty's Government to the subject, to accompany
+it with another complaint of a second outrage committed by the
+authorities of New Brunswick upon the rights and liberty of this
+individual.
+
+From recent information received it appears that shortly after the first
+arrest and imprisonment of Mr. Greely he was, by the orders of the
+lieutenant-governor of New Brunswick, released from confinement, but
+was immediately thereafter again taken into custody by his authority and
+recommitted to the jail of Frederickton, where he is now detained. This
+fact having been communicated by the governor of Maine to the President
+of the United States (in an official communication setting forth the
+circumstances under which it was done, a copy of which is herewith
+transmitted), the undersigned has received the special instructions of
+his Government to bring the subject without delay to the notice of Her
+Majesty's Government, in order that immediate steps may be taken for
+the liberation of Mr. Greely and indemnity made for the injuries he
+has suffered.
+
+Having in the first note which he had the honor of addressing to Lord
+Palmerston stated the grounds upon which the release of this individual
+was demanded and the expectations of his Government in relation to the
+subject, and having waived the discussion of the questions of right and
+jurisdiction, which he still intends doing, it will not be needful to do
+more on this occasion than express to his lordship the painful surprise
+and regret with which the President has received information of this
+second outrage on the part of the authorities of New Brunswick, and
+to repeat the assurances heretofore given that such proceeding can
+be regarded in no other light than a violation of the rights and
+sovereignty of the United States, and entirely irreconcilable with that
+mutual forbearance which it was understood would be practiced by both
+Governments pending the negotiation.
+
+The circumstances under which these recent attempts to enforce
+jurisdiction have been made show that in the most favorable aspect in
+which they can be regarded they were wholly indefensible.
+
+The act for which Greely was arrested and imprisoned, so far from having
+been committed within the acknowledged dominions of the British Crown,
+and beyond the limits of the disputed territory, and therefore liable
+to be treated as a violation of territorial jurisdiction, took place,
+as appears by the statement of the governor of Maine, whilst he was
+employed within the limits of that State, and under its authority,
+in enumerating the inhabitants of the county of Penobscot.
+
+By what authority, then, the provincial government of New Brunswick
+felt itself justified in exercising such acts of sovereign power the
+undersigned is at a loss to conceive, unless, indeed, upon the ground
+that the jurisdiction and sovereignty over the disputed territory
+pending the controversy rests exclusively with Great Britain. If such
+should turn out to be the fact, it can hardly be necessary again to
+repeat the assurances which have been heretofore given that in any such
+claim of power the Government of the United States can not acquiesce.
+
+Upon the consequences which would unavoidably result from attempting to
+exercise such jurisdiction it is needless to enlarge. It must now be
+apparent that all such attempts, if persevered in, can produce only
+feuds and collisions of the most painful character, and besides
+increasing the feelings of international discord which have already been
+excited between the contending parties, they will close every avenue to
+an amicable adjustment of a controversy which it is so much the desire
+and interest of both Governments to accomplish. Ought it not, then, to
+be the earnest endeavor of the two Governments to avoid doing anything
+which can have a tendency to lead to such mischievous consequences?
+
+It is under this view of the subject that the undersigned has been
+instructed again to remonstrate against these proceedings of the
+authorities of New Brunswick, as a violation of the rights of Maine
+in the person of her agent, and to protest in the most solemn manner
+against the future exercise of all such acts of jurisdiction and
+sovereignty over the disputed territory or the citizens of the United
+States residing within its limits until a final adjustment of the
+controversy takes place.
+
+The undersigned, therefore, can not and ought not to close this note
+without again invoking the early and earnest attention of Lord
+Palmerston and that of Her Majesty's Government to this painful subject.
+
+It is one of deep and mutual interest to the parties concerned, and the
+delicacy and embarrassments which surround it are justly appreciated by
+the Government of the United States. Deeply regretting, as that
+Government does, the collisions of authority to which both countries
+have been so repeatedly exposed by the delay that has taken place in the
+final settlement of the main question, it is sincerely desirous, as the
+undersigned has taken occasion repeatedly to assure Lord Palmerston, to
+have it brought to a speedy and amicable termination. This can only be
+done by measures of mutual forbearance and moderation on the part of
+both Governments. To this end the efforts of the American Government
+have been earnest, persevering, and constant. It has done, as it will
+continue to do, everything in its power to induce the State of Maine to
+pursue a course best calculated to avoid all excitement and collision
+between the citizens of that State and the inhabitants of New Brunswick,
+or which would tend in any manner to embarrass the mediatorial action of
+their two Governments on the subject; but it can not be expected, if the
+authorities of New Brunswick still persevere in attempting to exercise
+jurisdiction over the disputed territory by the arrest and imprisonment
+in foreign jails of citizens of Maine for performing their duty under
+the laws of their own State, and within what is believed to be her
+territorial limits, that measures of retaliation will not be resorted
+to by Maine, and great mischief ensue.
+
+Indeed, under existing circumstances and in the nature of human
+connections, it is not possible, should such a course of violence be
+continued, to avoid collisions of the most painful character, for which
+the Government of the United States can not be responsible, but which
+both Governments would equally deplore.
+
+It was doubtless with a view of guarding against these consequences that
+the understanding took place that each Government should abstain from
+exercising jurisdiction within the limits of the disputed territory
+pending the settlement of the main question.
+
+The undersigned therefore persuades himself that these proceedings
+of the colonial government may have taken place without a careful
+examination of the important questions involved in them or the
+consequences to which they might lead, rather than under instructions
+from Her Majesty's Government or with a deliberate view of asserting
+and enforcing territorial and jurisdictional rights over the contested
+territory.
+
+In looking back, as he does with satisfaction, to the conciliatory
+spirit in which the negotiation has heretofore been conducted and the
+moderation which both Governments have observed, the undersigned can not
+permit himself to doubt but that upon a careful review of the whole
+subject Her Majesty's Government will see fit not only to mark with its
+disapprobation this last proceeding of her colonial government, and
+direct the immediate liberation of Mr. Greely from imprisonment, with
+ample indemnity for the wrongs he may have sustained, but that it will
+see the propriety of giving suitable instructions to the authorities of
+New Brunswick to abstain for the future from all acts of that character,
+which can have no other tendency than to increase the excitement and
+jealousies which already prevail and retard the final and amicable
+adjustment of this painful controversy.
+
+The undersigned requests Lord Palmerston to accept assurances of his
+distinguished consideration.
+
+A. STEVENSON.
+
+
+
+_Mr. Clay to Mr. Vaughan_.
+
+DEPARTMENT OF STATE,
+
+_Washington, January 9, 1829_.
+
+Right Hon. CHARGES R. VAUGHAN, etc.
+
+SIR: I have this day received a letter from the governor of the State of
+Massachusetts, transmitting an extract from a letter addressed by George
+W. Coffin, esq., land agent of Massachusetts, to his excellency, a copy
+of which is herewith communicated, and to which I request your immediate
+and particular attention.
+
+It appears from this document that "mills are now erecting on the grant
+formerly made to General Baton, on the Aroostook River, for the avowed
+purpose of getting their supply of timber from our forests;" that the
+proprietor of these mills "says he has assurances from the authorities
+of New Brunswick that he may cut timber without hindrance from them,
+provided he will engage to pay them for it if they succeed in obtaining
+their right to the territory;" "that mills are also erected at Fish
+River, and to supply them the growth in that section is fast
+diminishing, and that the inhabitants of St. John River obtain from the
+Province of New Brunswick permits to cut on the Crown lands. But it is
+evident that many having such permits do not confine themselves to Crown
+lands, for in my travels across the interior country logging roads and
+the chips where timber had been hewn were seen in every direction,
+also many stumps of trees newly cut." I need scarcely remark that the
+proceedings thus described are in opposition to the understanding which
+has existed between the Governments of the United States and Great
+Britain that during the pendency of the arbitration which is to settle
+the question of boundary neither party should exercise any jurisdiction
+or perform any act on the disputed territory to strengthen his own
+claims or to affect the state of the property in issue. The governor of
+Massachusetts observes in his letter to me that, "in relation to the
+lands on Fish River, it must be recollected that the survey of a road
+by the joint commissioners of Massachusetts and Maine a short time
+since was made matter of complaint by the British minister resident at
+Washington on the express ground that the territory was within the scope
+of the dispute. From courtesy to his Government and a respectful regard
+to a suggestion from the Department of State, the making of the road
+was suspended." The governor justly concludes: "But it will be an ill
+requital for this voluntary forbearance on our part if the land is to
+be plundered of its timber and the value of the property destroyed
+before it shall be determined that it does not belong to us."
+
+If the government of New Brunswick will authorize or countenance such
+trespasses as have been stated by Mr. Coffin on the disputed territory,
+it can not be expected that the State of Maine will abstain from the
+adoption of preventive measures or from the performance of similar or
+other acts of jurisdiction and proprietorship. The consequence would be
+immediate and disagreeable collision. To prevent this state of things,
+I am directed by the President again to demand through you the effectual
+interposition of the British Government. Without that the friendly, if
+not the peaceful, relations between the two countries may be interrupted
+or endangered. I request your acceptance on this occasion of assurances
+of my distinguished consideration.
+
+H. CLAY
+
+
+
+_Mr. Vaughan to Mr. Clay_.
+
+WASHINGTON, _January 13, 1829_.
+
+Hon. HENRY CLAY, etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has the honor to acknowledge the receipt of
+Mr. Clay's note containing a representation which has been made by his
+excellency the governor of the State of Massachusetts respecting the
+cutting down of timber upon the disputed territory in the Province of
+New Brunswick.
+
+The undersigned will immediately transmit a copy of Mr. Clay's note to
+His Majesty's lieutenant-governor of New Brunswick, in order to obtain
+an explanation of the transaction which has given rise to the
+remonstrance made by the governor of Massachusetts.
+
+The undersigned takes this opportunity of renewing to the Secretary of
+State the assurances of his highest consideration.
+
+CHS. R. VAUGHAN
+
+
+
+_Mr. Vaughan to Mr. Hamilton_.
+
+WASHINGTON, _March 7, 1879_.
+
+JAMES A. HAMILTON, Esq., etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, had the honor to receive from the Secretary
+of State of the United States a note, dated the 9th January last,
+containing a representation made by his excellency the governor of
+Massachusetts respecting some trespasses committed on the disputed
+territory in the Province of New Brunswick.
+
+A copy of the note of the Secretary of State having been transmitted to
+Sir Howard Douglas, His Majesty's lieutenant-governor of that Province,
+the undersigned has lately received an answer, which he has the honor
+to communicate to Mr. Hamilton by inclosing an extract[13] of his
+excellency's letter, which shews in the most satisfactory manner
+that, so far from the proceedings complained of by the governor of
+Massachusetts having been authorized or countenanced in any shape by the
+government of New Brunswick, every precaution has been taken to prevent
+and restrain depredations in the disputed territory.
+
+Mr. Hamilton will see by the inclosed letter that Sir Howard Douglas has
+sent a magistrate to report upon the mills which have been established
+without license or authority, to inspect minutely the stations of the
+cutters of lumber, and to seize any timber brought into the acknowledged
+boundaries of New Brunswick from the disputed territory, and to hold the
+proceeds of the sale of it for the benefit of the party to whom that
+territory may be ultimately awarded.
+
+As the time is approaching when Sir Howard Douglas will be absent from
+his government, he will leave injunctions strictly to observe the
+understanding between the two governments during his absence. The
+undersigned has great satisfaction in being able to offer to the
+Government of the United States the unequivocal testimony contained in
+the inclosed letter from Sir Howard Douglas of the conciliatory spirit
+in which the government of New Brunswick is administered, and trusting
+that a similar spirit will animate the government of the American States
+which border on that Province, he confidently anticipates a cessation of
+that excitement which has unfortunately prevailed in the neighborhood of
+the disputed territory.
+
+The undersigned takes this occasion to offer to Mr. Hamilton the
+assurances of his high consideration.
+
+CHAS. R. VAUGHAN.
+
+[Footnote 13: Omitted.]
+
+
+
+_Mr. Hamilton to Mr. Vaughan_.
+
+DEPARTMENT OF STATE,
+
+_Washington, March 11, 1829_.
+
+Right Hon. CHARLES RICHARD VAUGHAN,
+
+_Envoy Extraordinary and Minister Plenipotentiary from Great Britain_.
+
+SIR: I have received and laid before the President of the United States
+the note, with its inclosures, which you did me the honor to write to me
+on the 7th of this month in answer to a representation which was made
+to you by Mr. Clay on the 9th of January last, at the instance of the
+governor of Massachusetts, concerning depredations complained of by him
+against inhabitants of the Province of New Brunswick in cutting timber,
+preparing lumber for market, and erecting mills upon the soil of the
+territory in dispute between the United States and Great Britain,
+and I am directed by the President to state in reply, as I have
+much pleasure in doing, that he derives great satisfaction from the
+information contained in your communication, as he especially perceives
+in the prompt and energetic measures adopted by Sir Howard Douglas,
+lieutenant-governor of the Province in question, and detailed in the
+inclosure referred to, a pledge of the same disposition on the part
+of the authorities of that Province which animates this Government--to
+enforce a strict observance of the understanding between the two
+Governments that the citizens or subjects of neither shall exercise
+any acts of ownership in the disputed territory whilst the title to it
+remains unsettled. I will lose no time in making known to the governors
+of Massachusetts and Maine the measures which have been thus adopted
+by the lieutenant-governor of New Brunswick to guard against all
+depredations upon the disputed territory, and will at the same time
+inform their excellencies of the just and confident expectation
+entertained by the President that the conciliatory understanding or
+arrangement between the two Governments of the United States and Great
+Britain already referred to should not be disturbed by the citizens of
+these two States.
+
+I am directed likewise by the President expressly to use this first
+occasion of an official communication with you under his orders to
+request the favor of you to make known to your Government the sincere
+regret he feels at the existence of any difference or misunderstanding
+between the United States and Great Britain upon the subject-matter of
+this letter, or any other whatever, and that in all the measures which
+may be adopted on his part toward their adjustment he will be entirely
+actuated and governed by a sincere desire to promote the kindest and
+best feelings on both sides and secure the mutual and lasting interests
+of the parties.
+
+I pray you, sir, to accept the renewed assurances of the high and
+distinguished consideration with which I have the honor to be, your
+obedient, humble servant,
+
+JAMES A. HAMILTON.
+
+
+
+_Mr. Vaughan to Mr. Hamilton_.
+
+WASHINGTON, _March 12, 1839_.
+
+Mr. J.A. HAMILTON, etc.:
+
+It is with great satisfaction that the undersigned, His Britannic
+Majesty's envoy extraordinary and minister plenipotentiary, acknowledges
+the receipt of Mr. Hamilton's note of the 11th instant, containing
+a prompt acknowledgment of the efficacious measures adopted by the
+lieutenant-governor of New Brunswick to investigate and to restrain the
+proceedings complained of in the disputed territory; and he begs leave
+to assure the President that he derives great satisfaction from being
+requested to communicate to His Majesty's Government that in the
+adjustment of differences between Great Britain and the United States
+the President will be entirely actuated and governed by a sincere desire
+to promote the kindest and best feelings on both sides and secure the
+mutual and lasting interests of the parties.
+
+The undersigned begs Mr. Hamilton to accept the assurances of his
+highest consideration.
+
+CHS. R. VAUGHAN.
+
+
+
+_Mr. Vaughan to Mr. Van Buren_.
+
+WASHINGTON, _April 10, 1829_.
+
+Hon. MARTIN VAN BUREN, etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has the honor to inform the Secretary of
+State of the United States that he has received an intimation from His
+Majesty's lieutenant-governor of New Brunswick that, apparently, it is
+the intention of the Government of the United States to carry the road
+now making through the State of Maine to Mars Hill over the point, and
+to occupy it as a military station.
+
+The undersigned begs leave to remind Mr. Van Buren that Mars Hill is
+situated upon the northeastern line of boundary which is in dispute
+between the two Governments; and he is called upon to protest against
+the occupation of it by American troops upon the ground that the line
+drawn by the commissioners of boundary under the treaty of Ghent due
+north from the monument which marks the sources of the river St. Croix
+was not considered by them as correctly laid down, and it yet remains
+to be determined whether Mars Hill lies eastward or westward of a line
+drawn upon scientific principles. For a better explanation of the
+motives for this protest the undersigned has the honor to refer the
+Secretary of State to a copy of a letter, which is inclosed,[14] from
+Sir Howard Douglas.
+
+A joint resolution of both Houses of Congress passed during the last
+session tends to confirm the intentions of the Government of the United
+States as inferred by Sir Howard Douglas from the information which he
+has received. That resolution authorized the making of a road from and
+beyond Mars Hill to the mouth of the Madawaska River; but as the
+carrying into effect that resolution was left entirely to the discretion
+of the President, the undersigned can not entertain any apprehension of
+a forcible seizure of a large portion of the disputed territory, which
+a compliance with the resolution of Congress would imply.
+
+The undersigned acknowledges with great satisfaction the assurances
+which he has received of the kind feelings which will actuate the
+President of the United States in the adjustment of any differences
+which may exist with Great Britain. He submits, therefore, the
+representation of the lieutenant-governor of New Brunswick respecting
+the occupation of Mars Hill, relying confidently on the manifest
+propriety of restraining the aggression which it is supposed is
+meditated from the frontier of the State of Maine, and of both parties
+mutually abstaining from any acts which can affect the disputed
+territory, as the question of possession is now in the course of
+arbitration.
+
+The undersigned reiterates to the Secretary of State the assurances of
+his highest consideration.
+
+CHAS. R. VAUGHAN.
+
+[Footnote 14: Omitted.]
+
+
+
+_Mr. Van Buren to Mr. Vaughan_.
+
+DEPARTMENT OF STATE,
+
+_Washington, May 11, 1829_.
+
+Right Hon. CHARGES R. VAUGHAN, etc.:
+
+The undersigned, Secretary of State of the United States, has the honor
+to acknowledge the receipt of the note which Mr. Vaughan, His Britannic
+Majesty's envoy extraordinary and minister plenipotentiary, addressed to
+him on the 10th of April, stating upon the authority of a letter from
+the governor of New Brunswick, whereof a copy came inclosed in Mr.
+Vaughan's note, that it was apparently the intention of the Government
+of the United States to carry the road now making through the State
+of Maine to Mars Hill over that point, and to occupy Mars Hill as a
+military station; and protesting against such occupation upon the ground
+that the line drawn by the commissioners of boundary under the treaty of
+Ghent due north from the monument which marks the source of the river
+St. Croix was not considered by them as correctly laid down, and that it
+yet remains to be determined whether Mars Hill is eastward or westward
+of the true line.
+
+The undersigned deems it unnecessary upon the present occasion to enter
+into an elaborate discussion of the point stated by Sir Howard Douglas,
+the lieutenant-governor of New Brunswick, concerning the line referred
+to by him, inasmuch as the relative position of Mars Hill to that line
+is already designated upon map A, and the line itself mutually agreed
+to and sufficiently understood for all present purposes, though not
+definitively settled by the convention of Condon of the 29th September,
+1827.
+
+The undersigned will therefore merely state that he finds nothing
+in the record of the proceedings of the commissioners under the fifth
+article of the treaty of Ghent to warrant the doubt suggested by the
+lieutenant-governor of New Brunswick whether Mars Hill lies to the
+westward of the line to be drawn due north from the monument at the
+source of the St. Croix to the highlands which divide the waters that
+empty into the river St. Lawrence from those which empty into the
+Atlantic Ocean; that the joint surveys and explorations made under that
+commission place the hill about a mile due west of that line; and that
+the agent of His Britannic Majesty before the commissioners, so far from
+intimating any doubt on the point, made it one ground of argument that
+the true line, when correctly laid down, would necessarily, on account
+of the ascertained progressive westerly variation of the needle, fall
+still farther westward.
+
+The undersigned can not acquiesce in the supposition that, because the
+agent of His Britannic Majesty thought proper in the proceedings before
+the commissioners to lay claim to all that portion of the State of
+Maine which lies north of a line running westerly from Mars Hill, and
+designated as the limit or boundary of the British claim, thereby the
+United States or the State of Maine ceased to have jurisdiction in the
+territory thus claimed. In the view of this Government His Britannic
+Majesty's agent might with equal justice have extended his claim to any
+other undisputed part of the State as to claim the portion of it which
+he has drawn in question, and in such case the lieutenant-governor of
+New Brunswick could surely not have considered a continuance on the
+part of the United States and of the State of Maine to exercise their
+accustomed jurisdiction and authority to be an encroachment. If so,
+in what light are we to regard the continued acts of jurisdiction now
+exercised by him in the Madawaska settlement? More than twenty years ago
+large tracts of land lying westward of Mars Hill, and northward on the
+river Restook, were granted by the State of Massachusetts, which tracts
+are held and possessed under those grants to this day, and the United
+States and the States of Massachusetts and Maine, in succession, have
+never ceased to exercise that jurisdiction which the unsettled condition
+of the country in that region and other circumstances admitted and
+required.
+
+The undersigned, therefore, can not discover in the facts and
+circumstances of the case any just principles upon which Sir Howard
+Douglas could predicate his protest. He has, however, submitted the note
+which he had the honor to receive from Mr. Vaughan to the President of
+the United States, and is by him directed to say in reply that although
+this Government could feel no difficulty in the exercise of what it
+deems an unquestionable right, and could not allow itself to be
+restrained by the protest of the lieutenant-governor of New Brunswick,
+yet, as a further proof of the spirit of amity, forbearance, and
+conciliation which the President is desirous of cultivating between the
+two Governments, he has decided to postpone for the present the exercise
+of the authority vested in him by the Congress of the United States to
+cause to be surveyed and laid out a military road to be continued from
+Mars Hill, or such other point on the military road laid out in the
+State of Maine as he may think proper, to the mouth of the river
+Madawaska, and to add that the lieutenant-governor of New Brunswick is
+under a misapprehension as to the design of this Government to occupy
+Mars Hill as a military station, no such intention being entertained by
+the President, nor have any measures been taken by this Government with
+an ulterior view to that object.
+
+The undersigned indulges the hope that Mr. Vaughan will perceive in the
+manner in which the President, discriminating between the rights of this
+Government and their present exercise, has used the discretion conferred
+upon him an additional evidence of the desire which he sincerely
+entertains, and which he has heretofore caused to be communicated to
+Mr. Vaughan, that both Governments should, as far as practicable,
+abstain from all acts of authority over the territory in dispute which
+are not of immediate and indispensable necessity, and which would serve
+to create or increase excitement whilst the matter is in course of
+arbitration; and he feels well persuaded that Mr. Vaughan will not fail
+to inculcate the same spirit and to recommend in the strongest terms the
+observance of the same course on the part of the provincial government
+of New Brunswick.
+
+The undersigned offers to Mr. Vaughan the renewed assurances of his high
+consideration.
+
+M. VAN BUREN.
+
+
+
+_Mr. Vaughan to Mr. Van Buren_.
+
+WASHINGTON, _May 14, 1829_.
+
+Hon. MARTIN VAN BUREN, etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has the honor to acknowledge the receipt
+of Mr. Van Buren's note dated the 11th instant, and he derives great
+satisfaction from being able to communicate to His Majesty's Government
+the assurances which it contains that the Government of the United
+States has never entertained the design of occupying Mars Hill, and that
+the President, in the spirit of amity, forbearance, and conciliation
+which he is desirous of cultivating between the two Governments, has
+decided to postpone for the present the exercise of the authority vested
+in him by the Congress of the United States to cause to be surveyed and
+laid out a military road to be continued from Mars Hill to the river
+Madawaska.
+
+The undersigned will transmit immediately a copy of Mr. Van Buren's note
+to His Majesty's Government, and he forbears, therefore, from taking
+notice of the observations which it contains relative to the exact
+position of Mars Hill and to the exercise of jurisdiction in the
+district on the northwest of it.
+
+The undersigned begs leave to renew to Mr. Van Buren the assurances of
+his highest consideration.
+
+CHAS. R. VAUGHAN.
+
+
+
+_Mr. Vaughan to Mr. Van Buren_.
+
+WASHINGTON, _June 8, 1829_.
+
+Hon. MARTIN VAN BUREN, etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, had the honor on the 7th March last to lay
+before the Government of the United States a letter from Sir Howard
+Douglas, His Majesty's lieutenant-governor of New Brunswick, in
+explanation of trespasses alleged by the governor of the State of
+Massachusetts to have been committed by British subjects in the disputed
+territory within that Province. The lieutenant-governor announced his
+intention in that letter of sending a magistrate into the district where
+the proceedings complained of had taken place to ascertain the nature
+and extent of the alleged trespasses and afterwards to make a report
+to his excellency.
+
+The report of the magistrate having been received by Mr. Black, who has
+been commissioned by His Majesty to administer the government of New
+Brunswick during the temporary absence of Sir Howard Douglas, a copy of
+it has been transmitted to the undersigned, and he begs leave to submit
+it[15] to the consideration of the Secretary of State of the United
+States, together with an extract[15] of the letter of Mr. Black which
+accompanied it. As it appears by the report of Mr. Maclauchlan, the
+magistrate, that some American citizens settled in the disputed
+territory are implicated in the trespasses which have been committed,
+Mr. Black, the president and commissioner in chief of the government of
+New Brunswick, suggests the propriety of an officer being appointed by
+the Government of the United States to act in concert with the British
+magistrate in preventing further depredations.
+
+The undersigned has received from Mr. Black the most satisfactory
+assurances that it will be his earnest study to adhere scrupulously to
+the good feeling and conciliatory conduct toward the United States which
+has been observed by Sir Howard Douglas.
+
+The undersigned seizes this opportunity to renew to Mr. Van Buren the
+assurances of his distinguished consideration.
+
+CHAS. R. VAUGHAN.
+
+
+
+_Mr. Bankhead to Mr. Livingston_.
+
+WASHINGTON, _October 1, 1831_.
+
+Hon. EDWARD LIVINGSTON, etc.:
+
+The undersigned, His Britannic Majesty's charge d'affaires, has the
+honor to acquaint Mr. Livingston, Secretary of State of the United
+States, that he has received a communication from His Majesty's
+lieutenant-governor of New Brunswick, stating that the authorities
+of Maine have endeavored to exercise a jurisdiction over part of the
+territory at present in dispute between His Majesty and the United
+States, and, further, that an order has been issued by a justice of the
+peace for the county of Penobscot to the inhabitants of the town of
+Madawaska to assemble for the purpose of choosing municipal officers.
+
+The undersigned regrets sincerely that these irregular proceedings
+should have been had recourse to during a period when the question of
+boundary is in a course of settlement, and in opposition to the desire
+expressed by the President that pending the discussion of that question
+the State of Maine should refrain from committing any act which could
+be construed into a violation of the neighboring territory.
+
+The undersigned begs leave to submit to the Secretary of State several
+documents[15] which he has received from Sir Archibald Campbell in
+support of his complaint of a violation of territory; and the
+undersigned entertains a confident hope that such measures will be
+adopted as shall prevent a recurrence of acts on the part of the
+authorities of the State of Maine which are productive of so much
+inconvenience and which tend to disturb that harmony and good will
+so necessary to be preserved between the two countries.
+
+The undersigned has the honor to renew to Mr. Livingston the assurances
+of his distinguished consideration.
+
+CHARLES BANKHEAD.
+
+[Footnote 15: Omitted.]
+
+
+
+_Mr. Livingston to Mr. Bankhead_.
+
+DEPARTMENT OF STATE,
+
+_Washington, October 17, 1831_.
+
+CHARLES BANKHEAD, Esq., etc.
+
+SIR: Immediately after receiving your note of the 1st instant I wrote to
+the governor of the State of Maine for information on the subject of it.
+I have just received his answer, of which I have the honor to inclose
+two extracts.[16] By the first you will perceive that the election of
+town officers in the settlement of Madawaska, of which complaint was
+made in the papers inclosed in your letter, was made under color of
+a general law, which was not intended by either the executive or
+legislative authority of that State to be executed in that settlement,
+and that the whole was the work of inconsiderate individuals.
+
+By the second extract it will appear that the individuals said to have
+been most prominent in setting up the authority of the State have been
+arrested by order of the lieutenant-governor of the Province of New
+Brunswick, and were on their way to be imprisoned at Frederickton.
+
+The innovation on the existing state of things in the disputed
+territory being distinctly disavowed by the executive authority of the
+State, no act of authority or exercise of jurisdiction having followed
+the election, I would respectfully suggest the propriety of your
+recommending to the lieutenant-governor of New Brunswick the release of
+the prisoners who were arrested for exercising this act of authority
+in the territory mutually claimed by the two nations, contrary to the
+understanding between their Governments. It is their avowed object to
+avoid any collision until the intention of both parties in relation
+to the award shall be fully known. All subjects calculated to produce
+irritation, therefore, ought evidently to be avoided. The arrest of the
+persons concerned in the election must produce that feeling in a high
+degree. A conviction can not take place without eliciting a decision
+from the bench declaratory of and enforcing the jurisdiction over the
+territory in dispute, which it is the present policy of both powers to
+avoid, at least for the short time that must elapse before the question
+can be finally settled. If punishment should follow conviction, the
+passions that would be excited must inevitably be hostile to that spirit
+of conciliation so necessary where sacrifices of national feeling and
+individual interest are required for the common good. It would be absurd
+here to enter into the question of title. Both parties claim it. No act
+that either can do is necessary to assist its right while there is hope
+of an amicable arrangement; and it was with this view of the subject
+that a mutual understanding has been had to leave things in the state
+in which they are until the question of the award is settled.
+
+On the part of the Americans some individuals, in contravention of this
+understanding, have proceeded to do acts which if followed out would
+change the political state of part of the disputed land. But it has
+not been so followed out; it is disavowed by the power whose assent
+is necessary to carry it into execution. It is therefore of no avail,
+and can have no more effect than if the same number of men had met at
+Madawaska and declared themselves duly elected members of the British
+Parliament. The act interferes with no right; it comes in actual
+collision with no established power. Not so the punishment of the
+individuals concerned. This is at once a practical decision of the
+question, and may lead to retaliating legal measures; for if the
+lieutenant-governor of New Brunswick feels himself obliged, as he says
+he does, to impose the authority of the law within which he thinks
+the boundaries of his Province, will not the same feeling incite the
+governor of Maine, under the same sense of duty, to pursue the like
+measures? And thus the fruits of moderation and mutual forbearance
+during so long a period will be lost for the want of perseverance in
+them for the short time that is now wanting to bring the controversy
+to an amicable close. It is therefore, sir, that I invite your
+interposition with his excellency the lieutenant-governor of New
+Brunswick to induce him to set at liberty the persons arrested, on their
+engagement to make no change in the state of things until the business
+shall be finally decided between the two Governments.
+
+On our part, the desire of the General Government to avoid any measures
+tending to a change in the existing state of things on our northeast
+boundary has been fully and, it is believed, efficaciously expressed to
+the executive of the State of Maine, so that the actual relation of the
+State with the neighboring Province will not in future suffer any
+change.
+
+I have great pleasure, sir, in renewing on this occasion the assurance
+of my high consideration.
+
+EDWD. LIVINGSTON.
+
+[Footnote 16: Omitted.]
+
+
+
+_Mr. Bankhead to Mr. Livingston_.
+
+WASHINGTON, _October 20, 1831_.
+
+Hon. EDWARD LIVINGSTON, Esq., etc.:
+
+The undersigned, His Britannic Majesty's charge d'affaires, has the
+honor to acknowledge the receipt of Mr. Livingston's note of the 17th
+instant, in answer to a representation which the undersigned thought
+it his duty to make to the Government of the United States upon a
+violation committed upon the territory at present in dispute between
+the two countries.
+
+The friendly tone assumed by the Secretary of State in this
+communication, the discountenance on the part of the General
+Government of the proceedings which were complained of, and the
+determination of the President to cause the strictest forbearance to be
+maintained until the question of boundary shall be settled have been
+received by the undersigned with great satisfaction, and it is in the
+same spirit of harmony that he has addressed a letter to His Majesty's
+lieutenant-governor of New Brunswick, inclosing a copy of Mr.
+Livingston's note, for his excellency's serious consideration.
+
+The undersigned has the honor to renew to Mr. Livingston the assurance
+of his distinguished consideration.
+
+CHARLES BANKHEAD.
+
+
+
+_Mr. Bankhead to Mr. Livingston_.
+
+WASHINGTON, _October 22, 1831_.
+
+Hon. EDWARD LIVINGSTON, etc.:
+
+The undersigned, His Britannic Majesty's charge d'affaires, has the
+honor to transmit to the Secretary of State of the United States the
+copy of a letter[17] from His Majesty's lieutenant-governor of New
+Brunswick, inclosing a deposition[17] made before a justice of the peace
+of that Province in support of a charge against certain inhabitants of
+Houlton, in the State of Maine, for having made a forcible inroad on
+the territory of His Majesty in search of an Irishman (an inhabitant of
+Woodstock, New Brunswick) who committed a most violent outrage against
+the constituted authorities at Houlton.
+
+The lieutenant-governor deprecates in the strongest manner the infamous
+conduct of the individual in question, and is perfectly ready to exert
+the utmost rigor of the laws against him; but his excellency at the
+same time protests against the conduct of those persons who have thus
+attempted to interfere with the jurisdiction of the laws in His
+Majesty's possessions.
+
+Under these circumstances the undersigned has to request that Mr.
+Livingston will be good enough to cause the necessary inquiries to be
+instituted into this transaction, and upon the charges being clearly
+proved that he will make such a representation to the authorities of the
+State of Maine as shall prevent the recurrence of a similar irregularity
+in future.
+
+The undersigned has the honor to renew to Mr. Livingston the assurances
+of his distinguished consideration.
+
+CHARLES BANKHEAD.
+
+[Footnote 17: Omitted.]
+
+
+
+_Mr. Bankhead to Mr. Livingston_.
+
+WASHINGTON, _November 25, 1831_.
+
+Hon. EDWARD LIVINGSTON, etc.:
+
+The undersigned, His Britannic Majesty's charge d'affaires, has the
+honor to refer the Secretary of State of the United States to the
+correspondence which took place in the month of October upon the subject
+of violations which had been committed upon the territory at present in
+dispute between Great Britain and the United States, and the measures
+which His Majesty's lieutenant-governor of New Brunswick deemed it
+expedient to adopt thereupon.
+
+The trial of these persons took place at Frederickton, and they were
+sentenced by the supreme court of the Province to fine and imprisonment.
+
+At the time the undersigned communicated to the Government of the United
+States the decision which the authorities of New Brunswick had felt it
+necessary to adopt upon this occasion he expressed the deep regret of
+the governor of that Province that the conduct of these individuals was
+such as to compel his excellency to pursue a course so uncongenial to
+his own feelings and at variance with the harmony which subsists between
+the Governments of Great Britain and the United States.
+
+The Secretary of State upon receiving this communication expressed to
+the undersigned the earnest desire of the President, upon a total
+disavowal on the part of the General Government of the proceedings of
+the persons implicated in this transaction, that His Majesty's
+lieutenant-governor might consider himself authorized to exercise a
+prerogative in their favor and to remit the sentence which had been
+pronounced against them.
+
+No time was lost in submitting Mr. Livingston's note to the
+consideration of Sir Archibald Campbell, and the undersigned has the
+greatest satisfaction in acquainting him that his excellency fully
+acquiesced in the desire manifested by the President of the United
+States. The undersigned can not better fulfill the wishes of Sir
+Archibald Campbell, which are so much in accordance with that spirit of
+good will which happily subsists between the two countries and which
+characterizes their relations with each other, than by transmitting
+to the Secretary of State a copy of the dispatch which he yesterday
+received from that officer, and which he feels assured will be received
+by the President as an earnest of his uninterrupted good feeling toward
+the Government and people of the United States.
+
+The undersigned has the honor to renew to Mr. Livingston the assurance
+of his highest consideration,
+
+CHARLES BANKHEAD.
+
+
+
+_Sir Archibald Campbell to Mr. Bankhead_.
+
+GOVERNMENT HOUSE,
+
+_Frederickton, November 8, 1831_.
+
+SIR: I had this morning the honor to receive your letter of the
+20th ultimo, which, with its inclosures, are in every respect so
+satisfactory that I did not lose a moment in giving effect to the wishes
+therein expressed by exercising that prerogative so congenial to my own
+feelings, whether viewed in the extension of mercy or in the gratifying
+anticipation of such a measure being received as an earnest of my most
+anxious desire, as far as rests with me (consistent with my public
+duties), to preserve inviolate the harmony and good understanding so
+happily existing between the two Governments. The prisoners, Barnabas
+Hunnewell, Jesse Wheelock, and Daniel Savage, are released; and I
+have taken it upon myself, knowing that such a measure will be fully
+sanctioned by my Government, to remit the fines imposed by the
+supreme court of this Province, as already communicated to you by
+Lieutenant-Colonel Snodgrass--an act that I trust will not fail in being
+duly appreciated _when it is known_ that the above-mentioned individuals
+did, with several others, follow up their first proceedings by acts of
+much more serious aggression, for which they stood charged under another
+(untried) indictment. However, everything connected therewith is now
+corrected.
+
+You will see with what readiness and satisfaction I have received and
+adopted your kind advice, for which accept of my sincere thanks, and
+believe me to remain, sir, etc.,
+
+ARCHIBALD CAMPBELL,
+
+_Lieutenant-Governor_.
+
+
+
+_Mr. Livingston to Mr. Bankhead_.
+
+DEPARTMENT OF STATE,
+
+_Washington, November 28, 1831_.
+
+CHARLES BANKHEAD, Esq., etc.:
+
+The undersigned, Secretary of State, etc., has the honor to acknowledge
+the receipt of a note from Mr. Bankhead, His Britannic Majesty's charge
+d'affaires, under date of the 25th instant, accompanied by a copy of a
+letter from Sir A. Campbell, the lieutenant-governor of the Province
+of New Brunswick, by both of which the Secretary of State is informed
+that the citizens of the United States lately under prosecution at
+Frederickton for acts done in the territory now possessed by Great
+Britain within the country claimed both by that power and the United
+States, have been set at liberty, in accordance with the suggestions
+made in the former correspondence between Mr. Bankhead and the Secretary
+of State.
+
+Mr. Bankhead's note, with its inclosure, has been laid before
+the President, who has instructed the undersigned to express his
+satisfaction at the prompt manner in which his suggestions have been
+complied with, and to say that he considers it as a proof of the
+disposition of His Britannic Majesty's officers to preserve the harmony
+that so happily subsists between the two Governments.
+
+The undersigned renews to Mr. Bankhead the assurance of his high
+consideration.
+
+EDWARD LIVINGSTON.
+
+
+
+_Sir Charles R. Vaughan to Mr. McLane_.
+
+WASHINGTON, _October 20, 1833_.
+
+Hon. LOUIS McLANE, etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has the honor to lay before the Secretary
+of State of the United States a copy of a letter[18] which he has
+received from His Excellency Sir Archibald Campbell, His Majesty's
+lieutenant-governor of New Brunswick, and to call his attention to the
+conduct of certain land agents of the States of Maine and Massachusetts
+in the territory in dispute between Great Britain and the United States.
+
+It appears by the report contained in Sir Archibald Campbell's letter
+that land agents of Maine and Massachusetts have been holding out
+inducements to persons of both countries to cut pine timber on the
+disputed territory on condition of paying to them 2 shillings and
+6 pence the ton, and that they have entered into contracts for opening
+two roads which will intersect the Roostook River.
+
+As it is the declared will and mutual interest of the Governments of
+Great Britain and of the United States to preserve the disputed
+territory in its present state and to avoid all collision pending the
+settlement of the boundary question, the undersigned is convinced that
+it is sufficient to insure the prompt interference of the Government of
+the United States to put a stop to the proceedings of these land agents
+to state the conduct complained of.
+
+The undersigned has the honor to renew to Mr. McLane the assurance of
+his most distinguished consideration.
+
+CHAS. R. VAUGHAN
+
+[Footnote 18: Omitted.]
+
+
+
+_Mr. McLane to Sir Charles R. Vaughan_.
+
+DEPARTMENT OF STATE,
+
+_Washington, October 23, 1833_.
+
+Right Hon. SIR CHARGES R. VAUGHAN, G.C.H.,
+
+_Envoy Extraordinary and Minister Plenipotentiary of His Britannic
+Majesty_:
+
+The undersigned, Secretary of State of the United States, has the
+honor to acknowledge the receipt of the note of Sir Charles R. Vaughan,
+envoy extraordinary and minister plenipotentiary of His Britannic
+Majesty, of the 20th instant, accompanied by a copy of a letter from
+Sir Archibald Campbell, lieutenant-governor of New Brunswick, to Sir
+Charles R. Vaughan, and also a letter from J.A. Maclauchlan to the
+lieutenant-governor of New Brunswick, complaining of the "conduct of
+certain land agents of the States of Maine and Massachusetts in the
+territory in dispute between the United States and Great Britain."
+
+The undersigned is instructed to state that it would be a source
+of regret to the President should this complaint prove to be well
+founded, and that he has caused a copy of Sir Charles's note and of the
+accompanying papers promptly to be communicated to the governors of
+Maine and Massachusetts, in order that the necessary steps may be taken
+to enforce a due observance of the terms of the existing arrangement
+between the Government of the United States and that of Great Britain
+in regard to the disputed territory.
+
+The undersigned avails himself of the occasion to renew to Sir Charles
+R. Vaughan the assurance of his distinguished consideration.
+
+LOUIS McLANE
+
+
+
+_Sir Charles R. Vaughan to Mr. McLane_.
+
+WASHINGTON, _December 17, 1833_.
+
+Hon. LOUIS McLANE, etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, regrets that a letter received from His
+Majesty's lieutenant-governor of New Brunswick should again require him
+to ask the intervention of the General Government of the United States
+to put a stop to certain proceedings of the State of Maine in the
+territory still in dispute between Great Britain and the United States.
+The inclosed letter, with the report which accompanies it,[19] shows
+that the State of Maine has opened a road beyond the conventional
+frontier, with the avowed intention of carrying it to the bank of the
+river St. John.
+
+The undersigned is convinced that the Secretary of State of the United
+States will agree with him that the State of Maine must not be allowed
+to take upon herself the right to define the meaning of the treaty of
+1783, and, by aggressions such as those against which the undersigned is
+called upon to remonstrate, to take possession, without reference to the
+General Government of the United States, of territory which has been so
+long in abeyance between the two Governments. Such conduct is calculated
+to lead to collisions of a distressing nature between the subjects of
+His Britannic Majesty and the citizens of the United States employed to
+assert a futile and hazardous possession which so entirely depends upon
+the arrangements in progress between the two Governments.
+
+The undersigned trusts that the representation made in this note will
+be received by the Secretary of State in the same spirit of good will
+and conciliation which has hitherto characterized the conduct of the
+Government of the United States in all occurrences of a similar nature.
+
+The undersigned has the honor to renew to Mr. McLane the assurance of
+his most distinguished consideration.
+
+CHAS. R. VAUGHAN
+
+[Footnote 19: Omitted.]
+
+
+
+_Mr. McLane to Sir Charles R. Vaughan_.
+
+DEPARTMENT OF STATE,
+
+_Washington, December 21, 1833_.
+
+Right Hon. SIR CHARLES R. VAUGHAN, G.C.H.,
+
+_Envoy Extraordinary and Minister Plenipotentiary of His Britannic
+Majesty_:
+
+The undersigned, Secretary of State, has the honor to acknowledge the
+receipt of the note addressed to him on the 17th instant by Sir Charles
+R. Vaughan, His Britannic Majesty's envoy extraordinary and minister
+plenipotentiary, requesting the intervention of the Government of the
+United States to put a stop to certain proceedings of the State of Maine
+in the territory still in dispute between Great Britain and the United
+States.
+
+The proceedings referred to appear, by the letter of the
+lieutenant-governor of New Brunswick and the report of the officer
+acting on the part of Great Britain as warden of the disputed territory
+(copies of which accompanied Sir Charles R. Vaughan's note), to be the
+construction of a road to the Restook River, passing, as is alleged,
+through 15 miles of the disputed territory, and supposed by the warden
+to be intended to intersect the St. John River in the Madawaska
+settlement.
+
+The undersigned is happy to have it in his power to afford at once
+such explanations upon this subject as he trusts may be satisfactory.
+By a communication received from the governor of Maine, in answer to a
+representation recently made by Sir Charles R. Vaughan concerning other
+alleged encroachments on the disputed territory, it will be seen that
+no part of the road now constructing by that State is believed to be
+within the territory of which the British Government has ever been in the
+actual possession since the treaty of 1783, and that it is not designed
+to extend the road beyond the Aroostook. The apprehensions entertained
+of its being extended to the St. John River in the Madawaska settlement
+appear, therefore, to be groundless, and, if the views of the governor
+of Maine as to the locality of the road be correct, it would seem that
+its construction can afford no just cause of complaint, as it is not
+supposed that such improvements made by either party within that part
+of the territory which has been in its possession, or so considered,
+since the treaty of 1783 are contrary to the spirit of the existing
+understanding between the two Governments. It will be seen, moreover,
+as well by the communication from the governor of Maine as by one
+received from the governor of Massachusetts on the same occasion, that
+a conciliatory and forbearing disposition prevails on their part, and
+that no measures will be taken or any acts authorized by them which may
+justly be considered as a violation of the understanding in regard to
+the disputed territory.
+
+The undersigned has nevertheless been directed by the President to
+transmit copies of Sir Charles R. Vaughan's note and its inclosures
+to the governors of Maine and Massachusetts, and to repeat to their
+excellencies his earnest desire that as far as depends on them no
+departure from the understanding between the two Governments may be
+permitted.
+
+In regard to the complaint heretofore made by Sir Charles R. Vaughan,
+upon the representations of the lieutenant-governor of New Brunswick
+and the warden of the disputed territory, as to the cutting and sale
+of timber under the authority of the land agents of Maine and
+Massachusetts, the undersigned begs leave to refer to the communications
+from the governors of those States already mentioned, copies of which
+are now transmitted, by which it appears that the conduct of those
+agents has furnished no just cause of dissatisfaction, but that, on the
+contrary, it is alleged that His Britannic Majesty's officers of the
+Province of New Brunswick, by the seizure and sale of timber cut by
+trespassers on the Aroostook, and afterwards in the rightful custody of
+the agent of the State of Massachusetts, have been the first to violate
+the existing understanding upon this subject.
+
+These complaints on both sides, arising, as the undersigned believes,
+from acts which do not on either side indicate an intention to disregard
+the existing understanding, but are attributable to the unsettled state
+of the boundary question, and which should therefore be viewed with
+mutual forbearance, furnish increased reason for a speedy adjustment of
+that interesting matter; and the President looks with great solicitude
+for the answer, which is daily expected, from the British Government to
+the proposition submitted on the part of the United States, in the hope
+that it may soon set all those difficulties at rest.
+
+The undersigned has the honor to renew to Sir Charles R. Vaughan the
+assurance of his distinguished consideration.
+
+LOUIS McLANE.
+
+
+
+EXECUTIVE DEPARTMENT OF MASSACHUSETTS,
+
+_November 1, 1833_.
+
+Hon. LOUIS McLANE,
+
+_Secretary of State of the United States_.
+
+SIR: I have to acknowledge the honor of the receipt of your letter of
+the 23d of October, covering a copy of a note addressed to you by Sir
+Charles R. Vaughan, envoy extraordinary and minister plenipotentiary of
+His Britannic Majesty, accompanied also by copies of certain documents
+conveying complaints on the part of the authorities of His Majesty's
+Province of New Brunswick "of the conduct of certain land agents of the
+States of Maine and Massachusetts on the territory in dispute between
+the United States and Great Britain."
+
+Permit me to assure you that I shall lose no time in making inquiry of
+the land agent of this Commonwealth into the supposed occasion of the
+complaints of His Majesty's provincial officers, and in transmitting to
+the Department of State such information as I may receive in reply.
+
+Prejudicial as the delay in the settlement of this long-vexed subject
+of boundary is to the rights of property which Massachusetts claims
+in the disputed territory, and impatient as both the government and
+the people have become at the unreasonableness and pertinacity of the
+adversary pretensions and with the present state of the question, yet
+the executive of this Commonwealth will not cease to respect the
+understanding which has been had between the Governments of the two
+countries, _that no act of wrong to the property of either_ shall be
+committed during the pending of measures to produce an amicable
+adjustment of the controversy.
+
+In the meantime, I can not but earnestly protest against the authority
+of any appointment on the behalf of His Majesty's Government which may
+be regarded as a claim to the executive protection of this property
+or be deemed an acquiescence on the part of the United States in an
+interference, _under color_ of a "wardenship of the disputed territory,"
+with the direction to its improvement which the governments of
+Massachusetts and Maine, respectively, may see fit to give to their
+agents. The rights of soil and jurisdiction over it are in the States,
+and forbearance to the exercise of these rights for a season, from mere
+prudential considerations, a respectful regard to the wishes of the
+General Government, or amity toward a foreign nation is not to be
+construed into a readiness to surrender them upon the issue of any
+proposed negotiation.
+
+I have the honor to be, sir, with sentiments of the highest respect,
+your obedient servant,
+
+LEVI LINCOLN.
+
+
+
+EXECUTIVE DEPARTMENT OF MAINE,
+
+_Augusta, November 23, 1833_.
+
+Hon. LOUIS McLANE,
+
+_Secretary of State of the United States, Washington_.
+
+SIR: I have the honor to acknowledge the receipt of your letter of the
+23d of October last, communicating a copy of a note from Sir Charles
+R. Vaughan, accompanied with a copy of a letter from Sir Archibald
+Campbell, lieutenant-governor of New Brunswick, to Sir Charles R.
+Vaughan, and also of a letter from Lieutenant J.A. Maclauchlan to Sir
+Archibald Campbell, complaining of the conduct of the land agents of the
+States of Maine and Massachusetts in the territory in dispute between
+the United States and Great Britain.
+
+In compliance with your request to be furnished with information in
+relation to this subject, I reply that by a resolve of the legislature
+of this State passed March 30, 1831, "the land agent of this State, in
+conjunction with the land agent of the Commonwealth of Massachusetts, is
+authorized and empowered to survey, lay out, and make a suitable winter
+road, or cause the same to be done, from the mouth of the Matawamkeag, a
+branch of the Penobscot River, in a northerly direction, so as to strike
+the Aroostook River on or near the line dividing the sixth and seventh
+ranges of townships." The same resolve authorizes the land agents to lay
+out and make, or cause to be made, a winter road from the village of
+Houlton, in a westerly direction, to intersect the road to the Aroostook
+River at some point most convenient for traveling and most for the
+interest of the State. By a subsequent resolve, passed March 8, 1832,
+the authority given to the land agents was enlarged so as to authorize
+them "to locate and survey the Aroostook road so that it may strike the
+Aroostook River at any place between the west line of the third range
+and the east line of the sixth range of townships west of the east line
+of the State." The first of these roads has been surveyed and located,
+and much the greater part of it lies within the undisputed limits of
+this State south of the sources of the Penobscot River, and it is
+believed that no part of it lies within territory of which the British
+Government has ever been in the actual possession since the treaty of
+1783. A portion of this road only has yet been opened, and I have no
+information that any part of it has been opened over territory _claimed_
+by the British, although it is contemplated to extend it to the
+Aroostook when it can be done consistently with the public interest. The
+second road described in the resolve of March 30, 1831, is wholly within
+the undisputed limits of this State.
+
+A report of the recent proceedings of the land agent in making these
+roads and disposing of the timber on the lands of the State has not been
+received, and his late sickness and death have rendered it impossible at
+this time to obtain a detailed statement of all that has been done in
+his official capacity. But it can not be presumed that he has in any
+particular exceeded his instructions (copies of which are herewith
+transmitted[20]), or, in the discharge of his official duties, taken
+any measures or authorized any acts to be done which could justly be
+considered as a violation of any known provision of the existing
+arrangement between the Governments of the United States and Great
+Britain in regard to the disputed territory.
+
+With high consideration, I have the honor to be, sir, your obedient
+servant,
+
+SAML. E. SMITH.
+
+[Footnote 20: Omitted.]
+
+
+
+_Sir Charles R. Vaughan to Mr. McLane_.
+
+WASHINGTON, _December 23, 1833_.
+
+Hon. LOUIS McLANE, etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has the honor to acknowledge the receipt of
+the note of the Secretary of State of the United States, in answer
+to the representation which he was called upon to make respecting
+proceedings of the States of Massachusetts and Maine in the disputed
+territory.
+
+To understand correctly the bearings of the roads which those States
+have resolved to construct requires a more accurate knowledge of the
+topography of the country through which they are to pass than the
+undersigned possesses, but he will not fail to transmit a copy of
+Mr. McLane's note, together with its inclosures, to His Majesty's
+lieutenant-governor of New Brunswick. In the meantime the undersigned
+begs leave to observe that the letter from the executive of Maine states
+that one of the roads surveyed and located lies, for the greater part
+of it, within the undisputed limits of that State, although it is
+contemplated to extend it to the Aroostook River. The land agent of
+Massachusetts is aware that the road from the river Matawamkeag to the
+Aroostook is the one that has given rise to complaint, and which, he
+observes, "is now nearly completed." As the Aroostook River, from its
+source till it falls into the St. John, flows exclusively through the
+disputed territory, to reach it by a road from the State of Maine must
+cause an encroachment and be considered an attempt to assume a right
+of possession in territory which has never yet been set apart from the
+original possession of Great Britain, on account of the difficulties
+of ascertaining the boundary according to the treaty of 1783.
+
+With regard to the cutting down and sale of timber, the justification of
+the land agent at Boston will be submitted to Sir Archibald Campbell,
+and the undersigned is sure that the grievance complained of (taking
+away timber which had been seized by the agent from Massachusetts) will
+be attended to.
+
+The undersigned receives with great satisfaction the assurances of Mr.
+McLane that "a conciliatory and forbearing disposition prevails on the
+part of Massachusetts and Maine, and that no measure will be taken
+or any acts authorized by them which may justly be considered as a
+violation of the understanding in regard to the disputed territory;" and
+he can not conclude without begging leave to acknowledge the readiness
+with which the President directed inquiries to be made and the desire
+which he has shewn on this and every similar occasion to prevent any
+encroachment on the disputed territory pending the settlement of the
+boundary now in progress between the two Governments.
+
+The undersigned has the honor to assure Mr. McLane of his most
+distinguished consideration.
+
+CHAS. R. VAUGHAN.
+
+
+
+_Sir Charles R. Vaughan to Mr. McLane_.
+
+WASHINGTON, _February 28, 1834_.
+
+Hon. LOUIS McLANE, etc.:
+
+The undersigned, His Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has the honor to communicate to the Secretary
+of State of the United States the explanation which he has received from
+the lieutenant-governor of New Brunswick of a transaction complained of
+by the land agent of Massachusetts in a report communicated to the
+undersigned in a note from Mr. McLane dated 21st December last.
+
+The complaint arose out of the seizure of timber cut down without
+authority upon the disputed territory, and which, after having been
+seized in the first instance by the land agent of Massachusetts, was
+taken possession of and sold by the British agent intrusted with the
+preservation of the disputed territory on the northeastern frontier of
+the United States.
+
+The explanation of this transaction is contained in an extract of a
+letter to the undersigned from the lieutenant-governor of New Brunswick
+and the report of Mr. Beckwith, the surveyor-general of that Province,
+which the undersigned has the honor to inclose in this note.[21]
+
+The seizure of the timber in the first instance by Mr. Coffin, the land
+agent of Maine [Massachusetts], was the exercise of authority within the
+conventional frontier of the Province of New Brunswick, which could not
+be admitted so long as the northeastern boundary of the United States
+remains a subject of negotiation; and it appears that the proceeds of
+the sale of timber unlawfully cut down are carried to account, and
+the possession of them will be appropriated to the party to which the
+territory may be adjudged by the settlement of the boundary question.
+
+The undersigned trusts that the explanation which he is now able to give
+of this transaction will prove satisfactory to the Government of the
+United States.
+
+The undersigned has the honor to renew to Mr. McLane the assurance of
+his most distinguished consideration.
+
+CHAS. R. VAUGHAN
+
+[Footnote 21: Omitted.]
+
+
+
+_Mr. McLane to Sir Charles R. Vaughan_.
+
+DEPARTMENT OF STATE,
+
+_Washington, March 4, 1834_.
+
+Right Hon. SIR CHARLES R. VAUGHAN, G.C.H.,
+
+_Envoy Extraordinary, etc_.
+
+SIR: I have the honor to acknowledge the receipt of your note of the
+28th ultimo, furnishing the explanation of the lieutenant-governor
+of New Brunswick of a transaction referred to by the land agent of
+Massachusetts in a letter addressed to his excellency the governor
+of that Commonwealth, and subsequently communicated to you by this
+Department in a note dated 21st December last, and to inform you
+that copies of your communication, together with the documents which
+accompanied it, will, by direction of the President, be transmitted
+without unnecessary delay to the executive of the State of
+Massachusetts.
+
+I pray you to accept the assurance of my distinguished consideration.
+
+LOUIS McLANE.
+
+
+
+WASHINGTON, _January 27, 1838_.
+
+Hon. R.M. JOHNSON,
+
+_President of the Senate_.
+
+SIR: I transmit herewith, in compliance with the requirements of the
+second section of the act of March 3, 1837, making appropriations
+for the Indian Department, a communication from the War Department,
+accompanied by a copy of the report of the agents appointed to inquire
+what depredations had been committed by the Seminole and Creek Indians
+on the property of citizens of Florida, Georgia, and Alabama.
+
+M. VAN BUREN.
+
+[The same message was addressed to the Speaker of the House of
+Representatives.]
+
+
+
+WASHINGTON CITY, _February 5, 1838_.
+
+Hon. JAMES K. POLK,
+
+_Speaker of the House of Representatives_.
+
+SIR: I have the honor to transmit to you a report from the Secretary
+of the Navy, prepared in obedience to a resolution of the House of
+Representatives of the 7th December last, requiring information as to
+the causes which have delayed the outfit and preparation of the South
+Sea surveying and exploring expedition.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February, 1838_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of
+the 20th instant, I transmit a report from the Secretary of State, which
+is accompanied by a copy and translation of the pamphlet[22] requested in
+that resolution.
+
+M. VAN BUREN.
+
+[Footnote 22: Issued by Manuel E. de Gorostiza, formerly minister from
+Mexico, before his departure from the United States, containing the
+correspondence between the Department of State and the Mexican legation
+relative to the passage of the Sabine River by troops under the command
+of General Gaines.]
+
+
+
+WASHINGTON, _February 17, 1838_.
+
+_To the Senate_:
+
+I transmit for your constitutional action articles of a treaty concluded
+on the 23d ultimo with the Chippewas of Saganaw, accompanied by a
+communication from the Secretary of War.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 17, 1838_.
+
+_To the Senate_:
+
+I transmit for your consideration a communication from the Secretary of
+War, respecting a treaty now before you with the Stockbridge and Munsee
+Indians.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March, 1838_.
+
+Hon. J.K. POLK,
+
+_Speaker of the House of Representatives_.
+
+SIR: The inclosed report and accompanying papers from the Secretary of
+War contain all the information required by the resolution of the House
+of Representatives of the 5th instant, respecting the present state of
+the campaign in Florida and the disposition of the Indians to treat for
+peace.
+
+Very respectfully, your most obedient servant,
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 12, 1838_.
+
+_To the House of Representatives_:
+
+I transmit for the consideration of Congress a report from the Secretary
+of State, with the accompanying documents, relative to an application
+made by the minister of France in behalf of Captain Beziers for
+remuneration for services in saving the captain and crew of an American
+vessel wrecked in the bay of Cadiz in the year 1825.
+
+I am happy to evince my high sense of the humane and intrepid conduct of
+Captain Beziers by presenting his case to Congress, to whom alone it
+belongs to determine upon the expediency of granting his request.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 13, 1838_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+
+In compliance with a resolution of the House of Representatives of the
+17th of February, I transmit a report[23] of the Secretary of State, with
+the accompanying documents, which contain the information requested.
+
+M. VAN BUREN.
+
+[Footnote 23: Relating to a ship canal across the Isthmus of Darien.]
+
+
+
+WASHINGTON, _March 14, 1838_.
+
+The PRESIDENT OF THE SENATE:
+
+I transmit to the Senate a treaty of commerce and navigation between
+the United States and His Majesty the King of Greece, concluded at
+London on the 22d day of December last, together with a copy of the
+documents relating to the negotiation of the same, for the constitutional
+consideration of the Senate in reference to its ratification.
+
+M. VAN BUREN.
+
+
+WASHINGTON, _March 15, 1838_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of
+the 5th instant, I transmit a report[24] from the Secretary of State, to
+whom the resolution was referred, with the documents by which the said
+report was accompanied.
+
+M. VAN BUREN.
+
+[Footnote 24: Relating to the prosecution of the claim of the United
+States to the bequest made by James Smithson.]
+
+
+
+WASHINGTON, _March, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I transmit a copy and translation of a letter from Mr. Pontois, the
+minister plenipotentiary from France to this Government, addressed to
+the Secretary of State, and communicating a memorial to me from the
+trustees of the former house of Lafitte & Co., of Paris, complaining of
+the rejection of a claim preferred in behalf of that house before the
+commissioners under the convention with France of the 4th of July, 1831,
+and asking redress.
+
+The commission created by the act for carrying that convention into
+effect has expired. The fund provided by it has been distributed among
+those whose claims were admitted. The Executive has no power over the
+subject. If the memorialists are entitled to relief, it can be granted
+by Congress alone, to whom, in compliance with the request of the
+trustees, that question is now submitted for decision.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 19, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I transmit a report[25] from the Secretary of State, to whom the
+resolution of the House of Representatives of the 5th instant was
+referred, with the documents by which the said report was accompanied.
+
+M. VAN BUREN.
+
+[Footnote 25: Relating to high duties and restrictions on tobacco
+imported into foreign countries from the United States, etc.]
+
+
+
+WASHINGTON, _March 20, 1838_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate of the United States a report from the
+Secretary of State, accompanied by a copy of the correspondence
+requested by their resolution of the 5th ultimo.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, March 7, 1838_.
+
+The PRESIDENT OF THE UNITED STATES:
+
+The Secretary of State, to whom has been referred the resolution of the
+Senate of the 5th of February, requesting the President of the United
+States to communicate to that body, in such manner as he shall deem
+proper, all the correspondence recently received and had between this
+and the Governments of Great Britain and the State of Maine on the
+subject of the northeastern boundary, has the honor to report to the
+President the accompanying copy of letters, which comprise all the
+correspondence in the Department asked for by the resolution.
+
+Respectfully submitted,
+
+JOHN FORSYTH.
+
+
+
+_Mr. Fox to Mr. Forsyth_.
+
+WASHINGTON, _January 10, 1838_.
+
+Hon. JOHN FORSYTH, etc.:
+
+The undersigned, Her Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, is directed by his Government to make the
+following observations to Mr. Forsyth, Secretary of State of the United
+States, with reference to certain points connected with the question of
+the northeastern boundary, which question forms the subject of the
+accompanying note, which the undersigned has the honor this day to
+address to Mr. Forsyth:
+
+The British Government, with a view to prevail upon that of the United
+States to come to an understanding with Great Britain upon the river
+question, had stated that the King of the Netherlands in his award had
+decided that question according to the British interpretation of it and
+had expressed his opinion that the rivers which fall into the Bay of
+Fundy are not to be considered as Atlantic rivers for the purposes of
+the treaty.
+
+Mr. Forsyth, however, in his note to Sir Charles Vaughan of the 28th of
+April, 1835, controverts this assertion and maintains that the King of
+the Netherlands did not in his award express such an opinion, and Mr.
+Forsyth quotes a passage from the award in support of this proposition.
+
+But it appears to Her Majesty's Government that Mr. Forsyth has not
+correctly perceived the meaning of the passage which he quotes, for in
+the passage in question Mr. Forsyth apprehends that the word "_alone_"
+is governed by the verb "_include_" whereas an attentive examination of
+the context will show that the word "_alone_" is governed by the verb
+"_divide"_ and that the real meaning of the passage is this: That the
+rivers flowing north and south from the highlands claimed by the United
+States may be arranged in two genera, the first genus comprehending the
+rivers which fall into the St. Lawrence, the second genus comprehending
+those whose waters in some manner or other find their way into the
+Atlantic; but that even if, according to this general classification
+and in contradistinction from rivers flowing into the St. Lawrence, the
+rivers which fall into the bays of Chaleurs and Fundy might be comprised
+in the same genus with the rivers which fall directly into the Atlantic,
+still the St. John and the Restigouche form a distinct species by
+themselves and do not belong to the species of rivers which fall
+_directly_ into the Atlantic, for the St. John and Restigouche are not
+divided in company with any such last-mentioned rivers. And the award
+goes on to say that, moreover, if this distinction between the two
+species were confounded an erroneous interpretation would be applied
+to a treaty in which every separate word must be supposed to have a
+meaning, and a generic distinction would be given to cases which are
+purely specific.
+
+The above appears to be the true meaning of the passage quoted by
+Mr. Forsyth; but if that passage had not been in itself sufficiently
+explicit, which Her Majesty's Government think it is, the passage which
+immediately follows it would remove all doubt as to what the opinion
+of the King of the Netherlands was upon the river question, for that
+passage, setting forth reasons against the line of boundary claimed by
+the United States, goes on to say that such line would not even separate
+the St. Lawrence rivers immediately from the St. John and Restigouche,
+and that thus the rivers which this line would separate from the St.
+Lawrence rivers would need, _in order to reach the Atlantic_, the aid
+of _two intermediaries_--first, the rivers St. John and Restigouche,
+and, _secondly, the bays of Chaleurs and Fundy_.
+
+Now it is evident from this passage that the King of the Netherlands
+deemed the bays of Fundy and Chaleurs to be, for the purposes of the
+treaty, as distinct and separate from the Atlantic Ocean as are the
+rivers St. John and Restigouche, for he specifically mentions those
+rivers and those bays as the channels through which certain rivers would
+have to pass in their way from the northern range of dividing highlands
+down to the Atlantic Ocean; and it is clear that he considers that the
+waters of those highland rivers would not reach the Atlantic Ocean
+until after they had traveled through the whole extent either of the
+Restigouche and the Bay of Chaleurs or of the St. John and the Bay of
+Fundy, as the case might be; and for this reason, among others, the King
+of the Netherlands declared it to be his opinion that the line north of
+the St. John claimed by the United States is not the line intended by
+the treaty.
+
+The undersigned avails himself of this occasion to renew to Mr. Forsyth
+the assurances of his high respect and consideration.
+
+H.S. FOX.
+
+
+
+_Mr. Fox to Mr. Forsyth_.
+
+WASHINGTON, _January 19, 1838_.
+
+Hon. JOHN FORSYTH, etc.:
+
+The undersigned, Her Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has received the orders of his Government
+to make the following communication to the Secretary of State of the
+United States with reference to the question pending between the two
+Governments upon the subject of the northeastern boundary:
+
+The undersigned is, in the first instance, directed to express to
+Mr. Forsyth the sincere regret of Her Majesty's Government that the
+long-continued endeavors of both parties to come to a settlement of this
+important matter have hitherto been unavailing. Her Majesty's Government
+feel an undiminished desire to cooperate with the Cabinet of Washington
+for the attainment of an object of so much mutual interest, and they
+learn with satisfaction that their sentiments upon this point are fully
+shared by the actual President of the United States.
+
+The communications which during the last few years have taken place
+between the two Governments with reference to the present subject, if
+they have not led to the solution of the questions at issue, have at
+least narrowed the field of future discussion.
+
+Both Governments have agreed to consider the award of the King of the
+Netherlands as binding upon neither party, and the two Governments,
+therefore, are as free in this respect as they were before the reference
+to that Sovereign was made. The British Government, despairing of the
+possibility of drawing a line that shall be in literal conformity with
+the words of the treaty of 1783, has suggested that a conventional
+boundary should be substituted for the line described by the treaty, and
+has proposed that in accordance with the principles of equity and in
+pursuance of the general practice of mankind in similar cases the object
+of difference should be equally divided between the two differing
+parties, each of whom is alike convinced of the justice of its own
+claim.
+
+The United States Government has replied that to such an arrangement it
+has no power to agree; that until the line of the treaty shall have been
+otherwise determined the State of Maine will continue to assume that the
+line which it claims is the true line of 1783, and will assert that all
+the land up to that line is territory of Maine; that consequently such a
+division of the disputed territory as is proposed by Great Britain would
+be considered by Maine as tantamount to a cession of what that State
+regards as a part of its own territory, and that the Federal Government
+has no power to agree to such an arrangement without the consent of the
+State concerned.
+
+Her Majesty's Government exceedingly regrets that such an obstacle
+should exist to prevent that settlement which under all the
+circumstances of the case appears to be the simplest, the readiest,
+the most satisfactory, and the most just. Nor can Her Majesty's
+Government admit that the objection of the State of Maine is well
+founded, for the principle on which that objection rests is as good
+for Great Britain as it is for Maine. If Maine thinks itself entitled to
+contend that until the true line described in the treaty is determined
+the boundary claimed by Maine must be regarded as the right one,
+Great Britain is surely still more entitled to insist upon a similar
+pretension, and to assert that until the line of the treaty shall be
+established to the satisfaction of both parties the whole of the
+disputed territory ought to be considered as belonging to the British
+Crown, because Great Britain is the original possessor, and all the
+territory which has not been proved to have been by treaty ceded by her
+must be looked upon as belonging to her still. But the very existence
+of such conflicting pretensions seems to point out the expediency of a
+compromise, and what compromise can be more fair than that which would
+give to each party one-half of the subject-matter of dispute?
+
+A conventional line different from that described in the treaty was
+agreed to, as stated by Mr. Forsyth in his note of the 28th of April,
+1835, with respect to the boundary westward from the Lake of the Woods.
+Why should such a line not be agreed to likewise for the boundary
+eastward from the river Connecticut?
+
+Her Majesty's Government can not refrain from again pressing this
+proposition upon the serious consideration of the Government of the
+United States as the arrangement which would be best calculated to
+effect a prompt and satisfactory settlement between the two powers.
+
+The Government of the United States, indeed, while it expressed a doubt
+of its being able to obtain the assent of Maine to the above-mentioned
+proposal, did, nevertheless, express its readiness to apply to the State
+of Maine for the assent of that State to the adoption of another
+conventional line, which should make the river St. John from its source
+to its mouth the boundary between the two countries. But it is difficult
+to understand upon what grounds any expectation could have been formed
+that such a proposal could be entertained by the British Government,
+for such an arrangement would give to the United States even greater
+advantages than they would obtain by an unconditional acquiescence in
+their claim to the whole of the disputed territory, because such an
+arrangement would, in the first place, give to Maine all that part of
+the disputed territory which lies to the south of the St. John, and
+would, in the next place, in exchange for the remaining part of the
+disputed territory which lies to the north of the St. John, add to
+the State of Maine a large district of New Brunswick lying between
+the United States boundary and the southern part of the course of
+the St. John--a district smaller, indeed, in extent, but much more
+considerable in value, than the portion of the disputed territory which
+lies to the north of the St. John.
+
+But with respect to a conventional line generally, the Government
+of Washington has stated that it has not at present the powers
+constitutionally requisite for treating for such a line and has no hopes
+of obtaining such powers until the impossibility of establishing the
+line described by the treaty shall have been completely demonstrated by
+the failure of another attempt to trace that line by a local survey.
+
+Under these circumstances it appears that a conventional line can not
+at present be agreed upon, and that such a mode of settlement is in the
+existing state of the negotiation impossible.
+
+Thus, then, the award of the King of the Netherlands has been abandoned
+by both parties in consequence of its rejection by the American Senate,
+and a negotiation between the two Governments for a conventional line
+suited to the interests and convenience of the two parties has for the
+present been rendered impossible by difficulties arising on the part
+of the United States; and both Governments are alike averse to a new
+arbitration. In this state of things the Government of the United States
+has proposed to the British cabinet that another attempt should be made
+to trace out a boundary according to the letter of the treaty, and that
+a commission of exploration and survey should be appointed for that
+purpose.
+
+Her Majesty's Government have little expectation that such a commission
+could lead to any useful result, and on that account would be disposed
+to object to the measure; but at the same time they are so unwilling to
+reject the only plan now left which seems to afford a chance of making
+any further advance in this long-pending matter that they will not
+withhold their consent to such a commission if the principle upon which
+it is to be formed and the manner in which it is to proceed can be
+satisfactorily settled.
+
+The United States Government have proposed two modes in which such
+a commission might be constituted: First, that it might consist of
+commissioners named in equal numbers by each of the two Governments,
+with an umpire to be selected by some friendly European power; secondly,
+that it might be entirely composed of scientific Europeans, to be
+selected by a friendly sovereign, and might be accompanied in its
+operations by agents of the two different parties, in order that such
+agents might give to the commissioners assistance and information.
+
+If such a commission were to be appointed, Her Majesty's Government
+think that the first of these two modes of constructing it would be
+the best, and that it should consist of members chosen in equal numbers
+by each of the two Governments. It might, however, be better that the
+umpire should be selected by the members of the commission themselves
+rather than that the two Governments should apply to a third power to
+make such a choice.
+
+The object of this commission, as understood by Her Majesty's
+Government, would be to explore the disputed territory in order to find
+within its limits dividing highlands which may answer the description
+of the treaty, the search being first to be made in the due north line
+from the monument at the head of the St. Croix, and if no such highlands
+should be found in that meridian the search to be then continued to the
+westward thereof; and Her Majesty's Government have stated their opinion
+that in order to avoid all fruitless disputes as to the character of
+such highlands the commissioners should be instructed to look for
+highlands which both parties might acknowledge as fulfilling the
+conditions of the treaty.
+
+The United States Secretary of State, in his note of the 5th of March,
+1836, expresses a wish to know how the report of the commissioners
+would, according to the views of Her Majesty's Government, be likely
+when rendered to lead to an ultimate settlement of the question of
+boundary between the two Governments.
+
+In reply to this inquiry Her Majesty's Government would beg to observe
+that the proposal to appoint a commission originated not with them, but
+with the Government of the United States, and that it is therefore
+rather for the Government of the United States than for that of Great
+Britain to answer this question.
+
+Her Majesty's Government have themselves already stated that they have
+little expectation that such a commission could lead to any useful
+result, and that they would on that account be disposed to object to
+it; and if Her Majesty's Government were now to agree to appoint such
+a commission it would be only in compliance with the desire so strongly
+expressed by the Government of the United States, and in spite of doubts
+(which Her Majesty's Government still continue to entertain) of the
+efficacy of the measure.
+
+But with respect to the way in which the report of the commission
+might be likely to lead to an ultimate settlement of the question,
+Her Majesty's Government, in the first place, conceive that it was
+meant by the Government of the United States, that if the commission
+should discover highlands answering to the description of the treaty a
+connecting line drawn from these highlands to the head of the St. Croix
+should be deemed to be a portion of the boundary line between the two
+countries. But Her Majesty's Government would further beg to refer the
+United States Secretary of State to the notes of Mr. McLane of the 5th
+of June, 1833, and of the 11th and 28th of March, 1834, on this subject,
+in which it will be seen that the Government of the United States
+appears to have contemplated as one of the possible results of the
+proposed commission of exploration that such additional information
+might possibly be obtained respecting the features of the country in the
+district to which the treaty relates as might remove all doubt as to the
+impracticability of laying down a boundary in accordance with the letter
+of the treaty.
+
+And if the investigations of the proposed commission should show that
+there is no reasonable prospect of finding a line strictly conformable
+with the description contained in the treaty of 1783, the constitutional
+difficulties which now prevent the United States from agreeing to a
+conventional line may possibly be removed, and the way may thus be
+prepared for the satisfactory settlement of the difference by an
+equitable division of the disputed territory.
+
+But if the two Governments should agree to the appointment of such a
+commission it would be necessary that their agreement should be first
+recorded in a convention, and it would obviously be indispensable that
+the State of Maine should be an assenting party to the arrangement.
+
+The undersigned, in making the above communication by order of
+Her Majesty's Government to the United States Secretary of State,
+Mr. Forsyth, has the honor to renew to him the assurance of his high
+respect and consideration.
+
+H.S. FOX.
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_Washington, February 6, 1838_.
+
+
+HENRY S. FOX, Esq., etc.:
+
+The undersigned, Secretary of State of the United States, has the honor
+to acknowledge the receipt of the note of Mr. Fox, envoy extraordinary
+and minister plenipotentiary of Her Britannic Majesty, of the 10th
+ultimo, in which he presents, by direction of his Government, certain
+observations in respect to the construction to be given to that
+part of the award of the arbiter on the question of the northeastern
+boundary which relates to the character in which the rivers St. John
+and Restigouche are to be regarded in reference to that question.
+Sir Charles Vaughan, in his note to Mr. McLane of February 10, 1834,
+alleged that although the arbiter had not decided the first of the three
+main questions proposed to him, yet that he had determined certain
+subordinate points connected with that question upon which the parties
+had entertained different views, and among others that the rivers St.
+John and Restigouche could not be considered, according to the meaning
+of the treaty, as "rivers flowing into the Atlantic." The undersigned,
+in his note to Sir Charles R. Vaughan of the 28th of April, 1835,
+questioned the correctness of the interpretation which had been given by
+Sir Charles to the award of the arbiter in this particular, and after
+quoting that part of the award to which Sir Charles was supposed to
+refer as containing the determination by the arbiter of the point just
+mentioned observed that it could not but appear from further reflection
+to Sir Charles that the declaration that the rivers St. John and
+Restigouche could not be _alone_ taken into view without hazard in
+determining the disputed boundary was not the expression of an opinion
+that they should be altogether excluded in determining that question;
+or, in other words, that they could not be looked upon as rivers
+emptying into the Atlantic. The remarks presented by Mr. Fox in the note
+to which this is a reply are designed to shew a misconception on the
+part of the undersigned of the true meaning of the passage cited by him
+from the award and to support the construction which was given to it by
+Sir Charles Vaughan. Whether the apprehension entertained by the one
+party or the other of the opinion of the arbiter upon this minor point
+be correct is regarded by the undersigned as a matter of no consequence
+in the settlement of the main question. The Government of the United
+States, never having acquiesced in the decision of the arbiter that "the
+nature of the difference and the vague and not sufficiently determinate
+stipulations of the treaty of 1783 do not permit the adjudication of
+either of the two lines respectively claimed by the interested parties
+to one of the said parties without wounding the principles of law and
+equity with regard to the other," can not consent to be governed in the
+prosecution of the existing negotiation by the opinion of the arbiter
+upon any of the preliminary points about which there was a previous
+difference between the parties, and the adverse decision of which
+has led to so unsatisfactory and, in the view of this Government, so
+erroneous a conclusion. This determination on the part of the United
+States not to adopt the premises of the arbiter while rejecting his
+conclusion has been heretofore made known to Her Majesty's Government,
+and while it remains must necessarily render the discussion of the
+question what those premises were unavailing, if not irrelevant. The few
+observations which the undersigned was led to make in the course of his
+note to Sir Charles Vaughan upon one of the points alleged to have been
+thus determined were prompted only by a respect for the arbiter and a
+consequent anxiety to remove a misinterpretation of his meaning, which
+alone, it was believed, could induce the supposition that the arbiter,
+in searching for the rivers referred to in the treaty as designating the
+boundary, could have come to the opinion that the two great rivers whose
+waters pervaded the whole district in which the search was made and
+constituted the most striking objects of the country had been entirely
+unnoticed by the negotiators of the treaty and were to be passed over
+unheeded in determining the line, while others were to be sought for
+which he himself asserts could not be found. That the imputation of
+such an opinion to the respected arbiter could only be the result
+of misinterpretation seemed the more evident, as he had himself
+declared that "it could not be sufficiently explained how, if the
+high contracting parties intended in 1783 to establish the boundary
+at the south of the river St. John, that river, to which the territory
+in dispute was in a great measure indebted for its distinctive
+character, had been neutralized and set aside." It is under the
+influence of the same motives that the undersigned now proceeds to
+make a brief comment upon the observations contained in Mr. Fox's note
+of the 10th ultimo, and thus to close a discussion which it can answer
+no purpose to prolong.
+
+The passage from the award of the arbiter quoted by the undersigned
+in his note of the 28th April, 1835, to Sir Charles Vaughan, and the
+true meaning of which Mr. Fox supposes to have been misconceived, is
+the following: "If in contradistinction to the rivers that empty
+themselves into the river St. Lawrence it had been proper, agreeably
+to the language ordinarily used in geography, to comprehend the rivers
+falling into the bays Fundy and Des Chaleurs with those emptying
+themselves directly into the Atlantic Ocean in the generical
+denomination of rivers falling into the Atlantic Ocean it would be
+hazardous to include into the species belonging to that class the rivers
+St. John and Restigouche, which the line claimed at the north of the
+river St. John divides _immediately_ from rivers emptying themselves
+into the river St. Lawrence, not with other rivers falling into the
+Atlantic Ocean, but _alone_, and thus to apply in interpreting the
+delimitation established by a treaty, where each word must have a
+meaning, to two exclusively special cases, and where no mention is made
+of the genus (_genre_), a generical expression which would ascribe to
+them a broader meaning," etc.
+
+It was observed by the undersigned that this passage did not appear to
+contain an expression of opinion by the arbiter that the rivers St. John
+and Restigouche should be altogether excluded in determining the
+question of disputed boundary, or, in other words, that they could not
+be looked upon as "rivers emptying into the Atlantic." Mr. Fox alleges
+this to be a misconception of the meaning of the arbiter, and supposes
+it to have arisen from an erroneous apprehension by the undersigned that
+the word "_alone_" is governed by the verb "_include_," whereas he
+thinks that an attentive examination of the context will shew that the
+word "_alone_" is governed by the verb "_divide,_" and that the real
+meaning of the passage is this: "That the rivers flowing north and south
+from the highlands claimed by the United States may be arranged in two
+genera, the first genus comprehending the rivers which fall into the
+St. Lawrence, the second genus comprehending those whose waters in some
+manner or other find their way into the Atlantic; but that even if,
+according to the general classification and in contradistinction from
+rivers flowing into the St. Lawrence, the rivers which fall into the
+bays of Chaleurs and Fundy might be comprised in the same genus with the
+rivers which fall directly into the Atlantic, still the St. John and the
+Restigouche form a distinct species by themselves and do not belong to
+the species of rivers which fall _directly_ into the Atlantic, for the
+St. John and Restigouche are not divided in company with any _such
+last-mentioned rivers_." The undersigned considers it unnecessary
+to enter into the question whether according to the context the
+circumstance expressed by the adverb "alone" has reference to the verb
+"divide" or to the verb "include," because even allowing it to refer to
+the former it does not appear to the undersigned that his interpretation
+of the passage is thereby impaired or that of Mr. Fox sustained. The
+undersigned conceives that the arbiter contemplated two different
+_species_ of rivers as admissible into _genus_ of those which "fall into
+the Atlantic," to wit, those which fall _directly_ into the Atlantic and
+those which fall into it _indirectly_; that the arbiter was further of
+opinion, though at variance with the idea entertained in that respect by
+the United States, that the rivers St. John and Restigouche, emptying
+their waters into the bays of Fundy and Des Chaleurs, did not belong to
+the species of rivers falling _directly_ into the Atlantic; that if they
+were considered _alone_, therefore, the appellation of "rivers falling
+into the Atlantic Ocean" could not be regarded as applicable to them,
+because, to use the language of the award, it would be "applying to two
+exclusively special cases, where no mention was made of the genus, a
+generical expression which would ascribe to them a broader meaning;" but
+it is not conceived that the arbiter intended to express an opinion that
+these rivers _might not be included with others_ in forming the _genus_
+of rivers described by the treaty as those which "fall into the
+Atlantic," and that upon this ground they should be wholly excluded in
+determining the question of the disputed boundary. While, therefore, the
+undersigned agrees with Mr. Fox that the arbiter did not consider these
+rivers as falling directly into the Atlantic Ocean, the undersigned can
+not concur in Mr. Fox's construction when he supposes the arbiter to
+give as a reason for this that they are not divided in company with any
+_such last-mentioned rivers_--that is, with rivers falling _directly_
+into the Atlantic. Conceding as a point which it is deemed unnecessary
+for the present purpose to discuss that the grammatical construction of
+the sentence contended for by Mr. Fox is the correct one, the arbiter is
+understood to say only that those rivers are not divided _immediately_
+with others falling into the Atlantic, either directly or indirectly,
+but he does not allege this to be a sufficient reason for excluding them
+when connected with other rivers divided mediately from those emptying
+into the St. Lawrence from the genus of rivers "falling into the
+Atlantic." On the contrary, it is admitted in the award that the
+line claimed to the north of the St. John divides the St. John and
+Restigouche in company with the Schoodic Lakes, the Penobscot, and the
+Kennebec, which are stated as emptying themselves _directly_ into the
+Atlantic; and it is strongly implied in the language used by the arbiter
+that the first-named rivers might, in his opinion, be classed for the
+purposes of the treaty with those last named, though not in the same
+_species_, yet in the same _genus_ of "Atlantic rivers."
+
+The reason why the St. John and Restigouche were not permitted to
+determine the question of boundary in favor of the United States is
+understood to have been, not that they were to be wholly excluded as
+rivers not falling into the Atlantic Ocean, as Mr. Fox appears to
+suppose, but because in order to include them in that genus of rivers
+they must be considered in connection with other rivers which were not
+divided _immediately_, like themselves, from the rivers falling into the
+St. Lawrence, but _mediately_ only; which would introduce the principle
+that the treaty of 1783 meant highlands that divide as well mediately as
+immediately the rivers that empty themselves into the river St. Lawrence
+from those which fall into the Atlantic Ocean--a principle which the
+arbiter did not reject as unfounded or erroneous, but which, considered
+in connection with the other points which he had decided, he regarded as
+_equally realized by both lines_, and therefore as constituting an equal
+weight in either scale, and consequently affording him no assistance in
+determining the dispute between the respective parties.
+
+The arbiter appears to the undersigned to have viewed the rivers St.
+John and Restigouche as possessing both a specific and a generic
+character; that considered _alone_ they were _specific_', and the
+designation in the treaty of "rivers falling into the Atlantic" was
+inapplicable to them; that considered _In connection with other rivers_
+they were _generic_ and were embraced in the terms of the treaty, but
+that as their connection with other rivers would bring them within a
+principle which, according to the views taken by him of other parts of
+the question, was equally realized by both lines, it would be hazardous
+to allow them any weight in deciding the disputed boundary. It has
+always been contended by this Government that the rivers St. John and
+Restigouche were to be considered in connection with the Penobscot and
+Kennebec in determining the highlands called for by the treaty, and the
+arbiter is not understood to deny to them, when thus connected, the
+character of "rivers falling into the Atlantic Ocean."
+
+This construction of the arbiter's meaning, derived from the general
+tenor of the context, it will be perceived, is not invalidated by the
+next succeeding paragraph cited by Mr. Fox, in which the bays of Fundy
+and Des Chaleurs are spoken of as _intermediaries_ whereby the rivers
+flowing into the St. John and Restigouche reach the Atlantic Ocean,
+inasmuch as such construction admits the opinion of the arbiter to have
+been that the St. John and Restigouche do not fall _directly_ into the
+Atlantic, and that they thus constitute a _species_ by themselves, while
+it denies that they are therefore excluded by the arbiter from the genus
+of "4' rivers falling into the Atlantic."
+
+The undersigned avails himself of this opportunity to renew to Mr. Fox
+the assurance of his distinguished consideration.
+
+JOHN FORSYTH.
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_Washington, February 7, 1838_.
+
+HENRY S. FOX, Esq., etc.:
+
+The undersigned, Secretary of State of the United States, has the honor
+to acknowledge the receipt of the note addressed to him on the 10th
+ultimo by Mr. Fox, Her Britannic Majesty's envoy extraordinary and
+minister plenipotentiary at Washington, with regard to the question
+pending between the two Governments upon the subject of the northeastern
+boundary, and to inform him that his communication has been submitted to
+the President. It has received from him the attentive examination due
+to a paper expected to embody the views of Her Britannic Majesty's
+Government in reference to interests of primary importance to both
+countries. But whilst the President sees with satisfaction the
+expression it contains of a continued desire on the part of Her
+Majesty's Government to cooperate with this in its earnest endeavors to
+arrange the matter of dispute between them, he perceives with feelings
+of deep disappointment that the answer now presented to the propositions
+made by this Government with the view of effecting that object, after
+having been so long delayed, notwithstanding the repeated intimations
+that it was looked for here with much anxiety, is so indefinite in
+its terms as to render it impracticable to ascertain without further
+discussion what are the real wishes and intentions of Her Majesty's
+Government respecting the proposed appointment of a commission of
+exploration and survey to trace out a boundary according to the letter
+of the treaty of 1783. The President, however, for the purpose of
+placing in the possession of the State of Maine the views of Her
+Majesty's Government as exhibited in Mr. Fox's note, and of ascertaining
+the sense of the State authorities upon the expediency of meeting those
+views so far as they are developed therein, has directed the undersigned
+to transmit a copy of it to Governor Kent for their consideration. This
+will be accordingly done without unnecessary delay, and the result when
+obtained may form the occasion of a further communication to Her
+Majesty's minister.
+
+In the meantime the undersigned avails himself of the present occasion
+to offer a few remarks upon certain parts of Mr. Fox's note of the 10th
+ultimo. After adverting to the suggestion heretofore made by the British
+Government that a conventional line equally dividing the territory in
+dispute between the two parties should be substituted for the line
+described by the treaty, and regretting the constitutional incompetency
+of the Federal Government to agree to such an arrangement without the
+consent of the State of Maine, Mr. Fox refers to the conventional line
+adopted, although different from that designated by the treaty, with
+respect to the boundary westward from the Lake of the Woods, and asks,
+"Why should such a line not be agreed to likewise for the boundary
+eastward from the river Connecticut?" The reply to this question is
+obvious. The parallel of latitude adopted on the occasion referred to
+as a conventional substitute for the treaty line passed over territory
+within the exclusive jurisdiction of the General Government without
+trenching upon the rights or claims of any individual member of the
+Union, and the legitimate power of the Government, therefore, to agree
+to such line was perfect and unquestioned. Now in consenting to a
+conventional line for the boundary eastward from the river Connecticut
+the Government of the United States would transcend its constitutional
+powers, since such a measure could only be carried into effect by
+violating the jurisdiction of a sovereign State of the Union and by
+assuming to alienate, without the color of rightful authority to do
+so, a portion of the territory claimed by the State.
+
+With regard to the suggestion made by the undersigned in his note of the
+29th of February, 1836, of the readiness of the President to apply to
+the State of Maine for her assent to the adoption of a conventional line
+making the river St. John, from its source to its mouth, the boundary
+between the United States and the adjacent British Provinces, Mr. Fox
+thinks it difficult to understand upon what grounds an expectation
+could have been formed that such a proposal could be entertained by
+the British Government, since such an arrangement would give to the
+United States even greater advantages than would be obtained by an
+unconditional acquiescence in their claim to the whole territory in
+dispute. In making the suggestion referred to, the undersigned expressly
+stated to Mr. Bankhead that it was offered, as the proposition on the
+part of Great Britain that led to it was supposed to have been, without
+regard to the mere question of acres--the extent of territory lost or
+acquired by the respective parties. The suggestion was submitted in the
+hope that the preponderating importance of terminating at once and
+forever this controversy by establishing an unchangeable and definite
+and indisputable boundary would be seen and acknowledged by Her
+Majesty's Government, and have a correspondent weight in influencing its
+decision. That the advantages of substituting a river for a highland
+boundary could not fail to be recognized was apparent from the fact that
+Mr. Bankhead's note of 28th December, 1835, suggested the river St. John
+from the point in which it is intersected by a due north line drawn from
+the monument at the head of the St. Croix to the southernmost source of
+that river as a part of the general outline of a conventional boundary.
+No difficulty was anticipated on the part of Her Majesty's Government in
+understanding the grounds upon which such a proposal was expected to be
+entertained by it, since the precedent proposition of Mr. Bankhead, just
+adverted to, although professedly based on the principle of an equal
+division between the parties, could not be justified by it, as it would
+have given nearly two-thirds of the disputed territory to Her Majesty's
+Government. It was therefore fairly presumed that the river line
+presented, in the opinion of Her Majesty's Government, advantages
+sufficient to counterbalance any loss of territory by either party that
+would follow its adoption as a boundary. Another recommendation of the
+river line, it was supposed, would be found by Her Majesty's Government
+in the fact that whilst by its adoption the right of jurisdiction alone
+would have been yielded to the United States over that portion of New
+Brunswick south of the St. John, Great Britain would have acquired the
+right of soil as well as of jurisdiction of the whole portion of the
+disputed territory north of the river. It is to be lamented that the
+imposing considerations alluded to have failed in their desired
+effect--that the hopes of the President in regard to them have not been
+realized, and consequently that Her Britannic Majesty's Government is
+not prepared at present to enter into an arrangement of the existing
+difference between the two nations upon the basis proposed.
+
+It would seem to the undersigned, from an expression used in Mr. Fox's
+late communication, that some misapprehension exists on his part either
+as to the object of this Government in asking for information relative
+to the manner in which the report of a commission of exploration and
+survey might tend to a practical result in the settlement of the
+boundary question or as to the distinctive difference between the
+American proposal for the appointment of such a commission and the
+same proposition when modified to meet the wishes of Her Majesty's
+Government. Of the two modes suggested, by direction of the President,
+for constituting such a commission, the first is that which is regarded
+by Her Majesty's Government with most favor, viz, the commissioners to
+be chosen in equal numbers by each of the two parties, with an umpire
+selected by some friendly European sovereign to decide on all points on
+which they might disagree, with instructions to explore the disputed
+territory in order to find within its limits dividing highlands
+answering to the description of the treaty of 1783, in a due north or
+northwesterly direction from the monument at the head of the St. Croix,
+and that a right line drawn between such highlands and said monument
+should form so far as it extends a part of the boundary between the two
+countries, etc. It is now intimated that Her Majesty's Government will
+not withhold its consent to such a commission "if the principle upon
+which it is to be formed and the manner in which it is to proceed can be
+satisfactorily settled." This condition is partially explained by the
+suggestion afterwards made that instead of leaving the umpire to be
+chosen by some friendly European power it might be better that he
+should be elected by the members of the commission themselves, and a
+modification is then proposed that "the commission shall be instructed
+to look for highlands which both parties might acknowledge as fulfilling
+the conditions of the treaty." The American proposition is intended--and
+it agreed to would doubtless be successful--to decide the question of
+boundary definitively by the adoption of the highlands reported by the
+commissioners of survey, and would thus secure the treaty line. The
+British modification looks to no such object. It merely contemplates
+a commission of boundary analogous to that appointed under the fifth
+article of the treaty of Ghent, and would in all probability prove
+equally unsatisfactory in practice. Whether highlands such as are
+described in the treaty do or do not exist, it can scarcely be hoped
+that those called for by the modified instructions could be found.
+The fact that this question is still pending, although more than half
+a century has elapsed since the conclusion of the treaty in which it
+originated, renders it in the highest degree improbable that the two
+Governments can unite in believing that either the one or the other of
+the ranges of highlands claimed by the respective parties fulfills the
+required conditions of that instrument. The opinions of the parties have
+been over and over again expressed on this point and are well known to
+differ widely. The commission can neither reconcile nor change these
+variant opinions resting on conviction, nor will it be authorized to
+decide the difference. Under these impressions of the inefficiency of
+such a commission was the inquiry made in the letter of the undersigned
+of 5th March, 1836, as to the manner in which the report of the
+commission, as proposed to be constituted and instructed by Her
+Majesty's Government, was expected to lead to an ultimate settlement of
+the question of boundary. The results which the American proposition
+promised to secure were fully and frankly explained in previous notes
+from the Department of State, and had its advantages not been clearly
+understood this Government would not have devolved upon that of Her
+Majesty the task of illustrating them. Mr. Fox will therefore see that
+although the proposal to appoint a commission had its origin with
+this Government the modification of the American proposition was, as
+understood by the undersigned, so fundamentally important that it
+entirely changed its nature, and that the supposition, therefore, that
+it was rather for the Government of the United States than for that
+of Great Britain to answer the inquiry referred to is founded in
+misapprehension. Any decision made by a commission constituted in the
+manner proposed by the United States and instructed to seek for the
+highlands of the treaty of 1783 would be binding upon this Government
+and could without unnecessary delay be carried into effect; but if the
+substitute presented by Her Majesty's Government be insisted on and its
+principles be adopted, a resort will then be necessary to the State of
+Maine for her assent to all proceedings hereafter in relation to this
+matter, since if any arrangement can be made under it it can only be
+for a conventional line, to which she must of course be a party.
+
+The undersigned, in conclusion, is instructed to inform Mr. Fox
+that if a negotiation be entertained at all upon the inconclusive and
+unsatisfactory basis afforded by the British counter proposition or
+substitute, which possesses hardly a feature in common with the American
+proposition, the President will not venture to invite it unless the
+authorities of the State of Maine, to whom, as before stated, it will
+be forthwith submitted, shall think it more likely to lead to a final
+adjustment of the question of boundary than the General Government deems
+it to be, though predisposed to see it in the most favorable light.
+
+The undersigned avails himself of the occasion to renew to Mr. Fox the
+assurance of his distinguished consideration.
+
+JOHN FORSYTH.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, March 1, 1838_.
+
+His Excellency EDWARD KENT,
+
+_Governor of the State of Maine_.
+
+SIR: The discussions between the Federal Government and that of Great
+Britain in respect to the northeastern boundary of the United States
+have arrived at a stage in which the President thinks it due to the
+State of Maine and necessary to the intelligent action of the General
+Government to take the sense of that State in regard to the expediency
+of opening a direct negotiation for the establishment of a conventional
+line, and if it should deem an attempt to adjust the matter of
+controversy in that form advisable, then to ask its assent to the same.
+With this view and to place the government of Maine in full possession
+of the present state of the negotiation and of all the discussions that
+have been had upon the subject, the accompanying documents are
+communicated, which, taken in connection with those heretofore
+transmitted, will be found to contain that information.
+
+The principles which have hitherto governed every successive
+Administration of the Federal Government in respect to its powers and
+duties in the matter are--
+
+First. That it has power to settle the boundary line in question with
+Great Britain upon the principles and according to the stipulations
+of the treaty of 1783, either by direct negotiation or, in case of
+ascertained inability to do so, by arbitration, and that it is its duty
+to make all proper efforts to accomplish this object by one or the other
+of those means.
+
+Second. That the General Government is not competent to negotiate,
+unless, perhaps, on grounds of imperious public necessity, a
+conventional line involving a cession of territory to which the State
+of Maine is entitled, or the exchange thereof for other territory not
+included within the limits of that State according to the true
+construction of the treaty, without the consent of the State.
+
+In these views of his predecessors in office the President fully
+concurs, and it is his design to continue to act upon them.
+
+The attention of the Federal Government has, of course, in the first
+instance been directed to efforts to settle the treaty line. A
+historical outline of the measures which have been successively taken
+by it to that end may be useful to the government of Maine in coming
+to a conclusion on the proposition now submitted. It will, however, be
+unnecessary here to do more than advert to the cardinal features of this
+protracted negotiation.
+
+The treaty of peace between the United States of America and His
+Britannic Majesty, concluded at Paris in September, 1783, defines the
+boundaries of the said States, and the following words, taken from the
+second article of that instrument, are intended to designate a part
+of the boundary between those States and the British North American
+Provinces, viz: "From the northwest angle of Nova Scotia, viz, that
+angle which is formed by a line drawn due north from the source of the
+St. Croix River to the highlands; along the said highlands which divide
+those rivers that empty themselves into the river St. Lawrence from
+those which fall into the Atlantic Ocean to the northwesternmost head of
+Connecticut River;" ... "east by a line to be drawn along the middle of
+the river St. Croix from its mouth in the Bay of Fundy to its source,
+and from its source directly north to the aforesaid highlands which
+divide the rivers that fall into the Atlantic Ocean from those which
+fall into the river St. Lawrence." An immediate execution of some of
+the provisions of this treaty was, however, delayed by circumstances on
+which it is now unnecessary to dwell, and in November, 1794, a second
+treaty was concluded between the two powers. In the meantime, doubts
+having arisen as to what river was truly intended under the name of the
+St. Croix mentioned in the treaty of peace and forming a part of the
+boundary therein described, this question was referred by virtue of
+the fifth article of the new treaty to the decision of a commission
+appointed in the manner therein prescribed, both parties agreeing to
+consider such decision final and conclusive. The commissioners appointed
+in pursuance of the fifth article of the treaty of 1794 decided by
+their declaration of October 25, 1798, that the northern branch
+(Cheputnaticook) of a river called Scoodiac was the true river St. Croix
+intended by the treaty of peace.
+
+At the date of the treaty of Ghent, December 24, 1814, the whole of
+the boundary line from the source of the river St. Croix to the most
+northwesternmost point of the Lake of the Woods still remained
+unascertained, and it was therefore agreed to provide for a final
+adjustment thereof. For this purpose the appointment of commissioners
+was authorized by the fifth article of the treaty of Ghent, with power
+to ascertain and determine the northwest angle of Nova Scotia and the
+northwestern-most head of Connecticut River, in conformity with the
+provisions of the treaty of 1783, and to cause the boundary from the
+source of the river St. Croix to the river Iroquois or Cateraguy to be
+surveyed and marked according to the said provisions, etc. In the event
+of the commissioners differing, or both or either of them failing to
+act, the same article made provision for a reference to a friendly
+sovereign or state. Commissioners were appointed under this article in
+1815-16, but although their sessions continued several years, they were
+unable to agree on any of the matters referred to them. Separate reports
+were accordingly made to both Governments of the two commissioners in
+1822, stating the points on which they differed and the grounds upon
+which their respective opinions had been formed. The case having thus
+happened which made it necessary to refer the points of difference to a
+friendly sovereign or state, it was deemed expedient by the parties to
+regulate this reference by a formal arrangement. A convention for the
+purpose was therefore concluded on the 29th of September, 1827, and the
+two Governments subsequently agreed in the choice of His Majesty the
+King of the Netherlands as arbiter, who consented to act as such. The
+submission of the points of difference, three in number, was accordingly
+made to that Sovereign, and his award, or rather written opinion on the
+questions submitted to him, was rendered on the 10th of January, 1831.
+On the 7th of December following the President communicated the award
+of the arbiter to the Senate of the United States for the advice and
+consent of that body as to its execution, and at the same time intimated
+the willingness of the British Government to abide by it. The result was
+a determination on the part of the Senate not to consider the decision
+of His Netherland Majesty obligatory and a refusal to advise and consent
+to its execution. They, however, passed a resolution in June, 1832,
+advising the President to open a new negotiation with His Britannic
+Majesty's Government for the ascertainment of the boundary between the
+possessions of the two powers on the northeastern frontier of the United
+States according to the definitive treaty of peace. Of the negotiation
+subsequent to this event it is deemed proper to take a more particular
+notice.
+
+In July the result of the action of the Senate in relation to the award
+was communicated to Mr. Bankhead, the British charge d'affaires, and he
+was informed that the resolution had been adopted in the conviction that
+the sovereign arbiter, instead of deciding the questions submitted to
+him, had recommended a specified compromise of them. The Secretary of
+State at the same time expressed the desire of the President to enter
+into further negotiation in pursuance of the resolution of the Senate,
+and proposed that the discussion should be carried on at Washington. He
+also said that if the plenipotentiaries of the two parties should fail
+in this new attempt to agree upon the line intended by the treaty of
+1783 there would probably be less difficulty than before in fixing a
+convenient boundary, as measures were in progress to obtain from the
+State of Maine more extensive powers than were before possessed, with
+a view of overcoming the constitutional obstacles which had opposed
+themselves to such an arrangement; and he further intimated that the
+new negotiation would naturally embrace the important question of the
+navigation of the river St. John.
+
+In April, 1833, Sir Charles R. Vaughan, the British minister,
+addressed a note to the Department of State, in which, hopeless of
+finding out by a new negotiation an assumed line of boundary which
+so many attempts had been fruitlessly made to discover, he wished to
+ascertain, first, the principle of the plan of boundary which the
+American Government appeared to contemplate as likely to be more
+convenient to both parties than those hitherto discussed, and, secondly,
+whether any, and what, arrangement for avoiding the constitutional
+difficulty alluded to had yet been concluded with the State of Maine.
+Satisfactory answers on these points, he said, would enable the British
+Government to decide whether it would entertain the proposition, but His
+Majesty's Government could not consent to embarrass the negotiation
+respecting the boundary by mixing up with it a discussion regarding the
+navigation of the St. John as an integral part of the same question or
+as necessarily connected with it.
+
+In reply to this note, Mr. Livingston, under date of the 30th of April,
+stated that the arrangement spoken of in his previous communication, by
+which the Government of the United States expected to be enabled to
+treat for a more convenient boundary, had not been effected, and that
+as the suggestion in regard to the navigation of the St. John was
+introduced merely to form a part of the system of compensations in
+negotiating for such a boundary if that of the treaty should be
+abandoned, it would not be insisted on.
+
+The proposition of the President for the appointment of a joint
+commission, with an umpire, to decide upon all points on which the
+two Governments disagree was then presented. It was accompanied by a
+suggestion that the controversy might be terminated by the application
+to it of the rule for surveying and laying down the boundaries of tracts
+and of countries designated by natural objects, the precise situation
+of which is not known, viz, that the natural objects called for as
+terminating points should first be found, and that the lines should then
+be drawn to them from the given points with the least possible departure
+from the course prescribed in the instrument describing the boundary.
+Two modes were suggested in which such commission might be constituted:
+First, that it should consist of commissioners to be chosen in equal
+numbers by the two parties, with an umpire selected by some friendly
+sovereign from among the most skillful men in Europe; or, secondly, that
+it should be entirely composed of such men so selected, to be attended
+in the survey and view of the country by agents appointed by the
+parties. This commission, it was afterwards proposed, should be
+restricted to the simple question of determining the point designated
+by the treaty as the highlands which divide the waters that fall into
+the Atlantic from those which flow into the St. Lawrence; that these
+highlands should be sought for in a north or northwest direction from
+the source of the St. Croix, and that a straight line to be drawn from
+the monument at the head of that river to those highlands should be
+considered, so far as it extends, as a part of the boundary in question.
+The commissioners were then to designate the course of the line along
+the highlands and to fix on the northwesternmost head of the Connecticut
+River.
+
+In a note of 31st May the British minister suggested that this perplexed
+and hitherto interminable question could only be set at rest by an
+abandonment of the defective description of boundary contained in the
+treaty, by the two Governments mutually agreeing upon a conventional
+line more convenient to both parties than those insisted upon by the
+commissioners under the fifth article of the treaty of Ghent, or that
+suggested by the King of the Netherlands.
+
+Mr. McLane remarked in reply (June 5) that the embarrassments in tracing
+the treaty boundary had arisen more from the principles assumed and
+from the manner of seeking for it than from any real defect in the
+description when properly understood; that in the present state of the
+business the suggestion of Sir Charles R. Vaughan would add to the
+existing difficulties growing out of a want of power in the General
+Government under the Constitution of the United States to dispose of
+territory belonging to either of the States of the Union without the
+consent of the State; that as a conventional line to the south of and
+confessedly variant from that of the treaty would deprive the State of
+Maine of a portion of the territory she claims, it was not probable
+that her consent to it would be given while there remained a reasonable
+prospect of discovering the line of the treaty of 1783, and that the
+President would not be authorized, after the recent proceedings in the
+Senate, to venture now to agree upon a conventional line without such
+consent, whilst the proposition submitted in April afforded not only a
+fair prospect, but in his opinion the certain means, of ascertaining the
+boundary called for by the treaty of 1783 and of finally terminating all
+the perplexities which have encompassed that subject.
+
+In February, 1834, Sir Charles R. Vaughan, after submitting certain
+observations intended to controvert the positions assumed by the United
+States on the subject of the constitutional difficulty by which the
+American Government was prevented from acquiescing in the arrangement
+recommended by the King of the Netherlands for the settlement of the
+boundary in the neighborhood of the St. John, asserted that the two
+Governments bound themselves by the convention of September, 1827,
+to submit to an arbiter certain points of difference relative to the
+boundary between the American and British dominions; that the arbiter
+was called on to determine certain questions, and that if he has
+determined the greater part of the points submitted to him his decision
+on them ought not to be set aside merely because he declares that one
+remaining point can not be decided in conformity with the words of the
+treaty of 1783, and therefore recommends to the parties a compromise on
+that particular point; that the main points referred to the arbiter were
+three in number; that upon the second and third of these he made a plain
+and positive decision; that upon the remaining point he has declared
+that it is impossible to find a spot or to trace a line which shall
+fulfill all the conditions required by the words of the treaty for the
+northwest angle of Nova Scotia and for the highlands along which the
+boundary from that angle is to be drawn; yet that in the course of his
+reasoning upon this point he has decided several questions connected
+with it upon which the two parties had entertained different views, viz:
+
+"First. The arbiter expresses his opinion that the term 'highlands' may
+properly be applied not only to a hilly and elevated country, but to
+a tract of land which, without being hilly, divides waters flowing in
+different directions, and consequently, according to this opinion, the
+highlands to be sought for are not necessarily a range of mountains,
+but rather the summit level of the country.
+
+"Second. The arbiter expresses his opinion that an inquiry as to what
+were the ancient boundaries of the North American Provinces can be
+of no use for the present purpose, because those boundaries were not
+maintained by the treaty of 1783 and had in truth never been distinctly
+ascertained and laid down.
+
+"Third. The arbiter declares that the northwest angle of Nova Scotia
+mentioned in the treaty of 1783 is not a point which was then known
+and ascertained; that it is not an angle which is created by the
+intersection of any lines of boundary at that time acknowledged as
+existing, but that it is an angle still to be found and to be created
+by the intersection of new lines, which are hereafter to be drawn in
+pursuance of the stipulations of the treaty; and further, that the
+nature of the country eastward of the said angle affords no argument
+for laying that angle down in one place rather than in another.
+
+"Fourth. He states that no just argument can be deduced for the
+settlement of this question from the exercise of the rights of
+sovereignty over the fief of Madawaska and over the Madawaska
+settlement.
+
+"Fifth. He declares that the highlands contemplated in the treaty should
+divide immediately, and not mediately, rivers flowing into the St.
+Lawrence and rivers flowing into the Atlantic, and that the word
+'divide' requires contiguity of the things to be divided.
+
+"Sixth. He declares that rivers falling into the Bay of Chaleurs and
+the Bay of Fundy can not be considered according to the meaning of the
+treaty as rivers flowing into the Atlantic, and specifically that the
+rivers St. John and Restigouche can not be looked upon as answerable to
+the latter description.
+
+"Seventh. He declares that neither the line of boundary claimed by Great
+Britain nor that claimed by the United States can be adjudged as the
+true line without departing from the principles of equity and justice as
+between the two parties."
+
+It was the opinion of His Majesty's Government, Sir Charles alleged,
+that the decisions of the arbiter upon the second and third points
+referred to him, as well as upon the subordinate questions, ought to be
+acquiesced in by the two Governments, and that in any future attempt to
+establish a boundary, whether in strict conformity with the words of the
+treaty of 1783 or by agreeing to the mode of settlement recommended by
+the arbiter, it would be necessary to adopt these seven decisions as
+a groundwork for further proceedings; that the British Government,
+therefore, previously to any further negotiation, claimed from the
+Government of the United States an acquiescence in the decisions
+pronounced by the arbiter upon all those points which he had decided,
+and as a preliminary to any attempt to settle the remaining point by
+negotiation to be satisfied that the Federal Government was possessed of
+the necessary powers to carry into effect any arrangement upon which the
+two parties might agree.
+
+With respect to the proposition made by the American Government, Sir
+Charles thought that the difficulty which was found insurmountable as
+against the line recommended by the King of the Netherlands, viz., the
+want of authority to agree to any line which might imply a cession of
+any part of the territory to which the treaty as hitherto interpreted by
+the United States might appear to entitle one of the component States of
+the Union, would be equally fatal to that suggested by Mr. Livingston,
+since a line drawn from the head of the St. Croix to highlands found to
+the westward of the meridian of that spot would not be the boundary of
+the treaty and might be more justly objected to by Maine and with more
+appearance of reason than that proposed by the arbiter.
+
+The reply of Mr. McLane to the preceding note is dated on the 11th of
+March. He expressed his regret that His Britannic Majesty's Government
+should still consider any part of the opinion of the arbiter obligatory
+on either party. Those opinions, the Secretary stated, could not have
+been carried into effect by the President without the concurrence of the
+Senate, who, regarding them not only as not determining the principal
+object of the reference, but as in fact deciding that object to be
+impracticable, and therefore recommending to the two parties a boundary
+not even contemplated either by the treaty or by the reference nor
+within the power of the General Government to take, declined to give
+their advice and consent to the execution of the measures recommended by
+the arbiter, but did advise the Executive to open a new negotiation for
+the ascertainment of the boundary in pursuance of the treaty of 1783,
+and the proposition of Mr. Livingston, submitted in his letter of 30th
+of April, 1833, accordingly proceeded upon that basis. Mr. McLane denied
+that a decision, much less the expression of an opinion, by the arbiter
+upon some of the disputed points, but of a character not to settle the
+real controversy, was binding upon either party, and he alleged that
+the most material point in the line of the true boundary, both as it
+respects the difficulty of the subject and the extent of territory and
+dominions of the respective Governments, the arbiter not only failed to
+decide, but acknowledged his inability to decide, thereby imposing upon
+both Governments the unavoidable necessity of resorting to further
+negotiation to ascertain the treaty boundary and absolving each party
+from any obligation to adopt his recommendations. The Secretary also
+declined to admit that of the three main points referred to the arbiter
+as necessary to ascertain the boundary of the treaty he had decided two.
+On the first point, Mr. McLane said, it was not contended a decision was
+made or that either the angle or the highlands called for by the treaty
+was found, and on the third point an opinion merely was expressed that
+it would be suitable to proceed to fresh operations to measure the
+observed latitude, etc.
+
+The Secretary admitted that if the American proposition should be
+acceded to by His Majesty's Government and the commission hereafter to
+be appointed should result in ascertaining the true situation of the
+boundary called for by the treaty of 1783, that it would be afterwards
+necessary, in order to ascertain the true line, to settle the other two
+points according to which it should be traced. He therefore offered,
+if the American proposition should be acceded to, notwithstanding the
+obligatory effect of the decision of the arbiter on the point is denied,
+"to take the stream situated farthest to the northwest among those which
+fall into the northernmost of the three lakes, the last of which bears
+the name of Connecticut Lake, as the north-westernmost head of the
+Connecticut River according to the treaty of 1783;" and as it respects
+the third point referred to the arbiter, the line of boundary on the
+forty-fifth degree of latitude, but upon which he failed to decide, the
+President would agree, if the proposition as to the first point was
+embraced, to adopt the old line surveyed and marked by Valentine and
+Collins in 1771 and 1772.
+
+The Secretary then proceeded to state further and insuperable objections
+to an acquiescence by the United States in the opinions supposed to have
+been pronounced by the arbiter in the course of his reasoning upon the
+first point submitted to him. He remarked that the views expressed
+by the arbiter on these subordinate matters could not be regarded as
+decisions within the meaning of the reference, but rather as postulates
+or premises, by which he arrived at the opinion expressed in regard to
+the point in dispute. By an acquiescence in them, therefore, as required
+by Great Britain, the United States would reject as erroneous the
+conclusion of the arbiter, whilst they would adopt the premises and
+reasoning by which it was attained--that the seven postulates or
+premises presented as necessary to be considered by the United States
+are but part of those on which the arbiter was equally explicit in
+the expression of his views, that on others his reasoning might be
+considered as more favorable to the pretensions of this Government, and
+that no reason was perceived why an acquiescence in his opinions upon
+them should not equally apply to all the premises assumed by him and be
+binding upon both parties. Mr. McLane was, however, persuaded that there
+was no obligation on either Government to acquiesce in the opinion of
+the arbiter on any of the matters involved in his premises; that such
+acquiescence would defeat the end of the present negotiation, and that
+as it appeared to be mutually conceded that the arbiter had not been
+able to decide upon the first and most material point so as to make a
+binding decision, there could certainly be no greater obligation to
+yield to his opinions on subordinate matters merely. The Secretary
+further observed that the most material point of the three submitted
+to the arbiter was that of the highlands, to which the President's
+proposition directly applies, and which are designated in the treaty of
+peace as the northwest angle of Nova Scotia, formed by a line drawn due
+north from the source of the St. Croix River to the highlands dividing
+the rivers, etc.; that the arbiter found it impossible to decide this
+point, and therefore recommended a new line, different from that called
+for by the treaty of 1783, and which could only be established by
+a conventional arrangement between the two Governments; that the
+Government of the United States could not adopt this recommendation
+nor agree upon a new and conventional line without the consent of the
+State of Maine; that the present negotiation proposed to ascertain the
+boundary according to the treaty of 1783, and for this purpose, however
+attained, the authority of the Government of the United States was
+complete; that the proposition offered by the Government of the United
+States promised, in the opinion of the President, the means of
+ascertaining the true line by discovering the highlands of the treaty,
+but the British Government asked the United States as a preliminary
+concession to acquiesce in the opinion of the arbiter upon certain
+subordinate facts--a concession which would in effect defeat the
+sole object, not only of the proposition, but of the negotiation,
+viz, the determination of the boundary according to the treaty of 1783
+by confining the negotiation to a conventional line, to which this
+Government had not the authority to agree. Mr. McLane also said that
+if by a resort to the plain rule now recommended it should be found
+impracticable to trace the boundary according to the definitive
+treaty, it would then be time enough to enter upon a negotiation for a
+conventional substitute for it. He stated in answer to the suggestion of
+Sir Charles R. Vaughan that the objection urged against the line of the
+arbiter would equally lie against that suggested by Mr. Livingston; that
+the authority of the Government to ascertain the true line of the treaty
+was unquestionable, and that the American proposition, by confining the
+course to the natural object, would be a legitimate ascertainment of
+that line.
+
+In a note dated 16th March Sir Charles R. Vaughan offered some
+observations upon the objections on the part of the United States to
+acquiesce in the points previously submitted to the American Government.
+He said that the adoption of the views of the British Government by the
+Government of the United States was meant to be the groundwork of future
+proceedings, whether those proceedings were to be directed to another
+attempt to trace the boundary as proposed by the latter or to a division
+of the territory depending upon the conventional line. He maintained
+that the arbiter had decided, as the British Government asserted, two
+out of the three main points submitted for his decision, viz, what
+ought to be considered as the northwesternmost head of the Connecticut
+(but which the Government of the United States is only willing to admit
+conditionally) and the point relative to tracing the boundary along the
+forty-fifth degree of latitude. This point, he observed, Mr. McLane
+wished to dispose of by adopting the old line of Collins and Valentine,
+which was suspected of great inaccuracy by both parties, and the only
+motive for retaining which was because some American citizens have made
+settlements upon territory that a new survey might throw into the
+possession of Great Britain. Sir Charles denied that the acquiescence of
+the United States in the seven subordinate points lately submitted by
+His Majesty's Government would confine the negotiation to a conventional
+line, to which the President had no authority to agree, and affirmed
+that not a step could be taken by the commissioners to be appointed
+according to Mr. Livingston's proposition, notwithstanding the
+unlimited discretion which it was proposed to give them, unless the
+two Governments agreed upon two of the seven subordinate points--"the
+character of the land they are to discover as dividing waters according
+to the treaty of 1783 and what are to be considered as Atlantic rivers."
+In answer to Mr. McLane's observation that on many points the reasoning
+of the arbiter had been more favorable to the United States than to
+Great Britain, and that therefore acquiescence should equally apply to
+all the premises assumed, Sir Charles expressed his confidence that if
+acquiescence in them could facilitate the object which now occupied both
+Governments they would meet with the most favored consideration. Sir
+Charles adverted to the obligations contracted under the seventh article
+of the convention, to the opinion of His Majesty's Government that they
+were binding and its willingness to abide by the award of the arbiter.
+He referred to the small majority by which he supposed the award to have
+been defeated in the Senate of the United States and a new negotiation
+advised to be opened, to the complicated nature of the plan proposed
+by the United States for another attempt to trace the boundary of
+the treaty, to the rejection of the points proposed by the British
+Government to render that plan more practicable, etc., and regretted
+sincerely that the award of the arbiter, which conferred upon the United
+States three-fifths of the disputed territory, together with Rouses
+Point--a much greater concession than is ever likely to be obtained
+by a protracted negotiation--was set aside. An alleged insuperable
+constitutional difficulty having occasioned the rejection of the award,
+Sir Charles wished to ascertain previously to any further proceedings
+how far the General Government had the power to carry into effect any
+arrangement resulting from a new negotiation, the answer of Mr. McLane
+upon this point having been confined to stating that should a new
+commission of survey, freed from the restriction of following the due
+north line of the treaty, find anywhere westward of that line highlands
+separating rivers according to the treaty of 1783, a line drawn from the
+monument at the source of the St. Croix would be such a fulfillment of
+the terms of that treaty that the President could agree to make it the
+boundary without reference to the State of Maine.
+
+Mr. McLane, under date of 21st March, corrected the error into which Sir
+Charles had fallen in regard to the proceedings on the award in the
+Senate of the United States, and showed that that body not only failed,
+but by two repeated votes of 35 and 34 to 8 refused, to consent to the
+execution of the award, and by necessary implication denied its binding
+effect upon the United States, thus putting it out of the power of the
+President to carry it into effect and leaving the high parties to the
+submission situated precisely as they were prior to the selection of the
+arbiter.
+
+The President had perceived, Mr. McLane said, in all the previous
+efforts to adjust the boundary in accordance with the terms of the
+treaty of 1783 that a natural and uniform rule in the settlement of
+disputed questions of location had been quite overlooked; that the
+chief, if not only, difficulty arose from a supposed necessity of
+finding highlands corresponding with the treaty description in a due
+north line from the monument, but it was plain that if such highlands
+could be anywhere discovered it would be a legal execution of the treaty
+to draw a line to them from the head of the St. Croix without regard to
+the precise course given in the treaty. It therefore became his duty to
+urge the adoption of this principle upon the Government of His Britannic
+Majesty as perhaps the best expedient which remained for ascertaining
+the boundary of the treaty of 1783. The Secretary could not perceive
+in the plan proposed anything so complicated as Sir Charles appeared
+to suppose. On the contrary, it was recommended to approbation and
+confidence by its entire simplicity. It chiefly required the discovery
+of the highlands called for by the treaty, and the mode of reaching
+them upon the principle suggested was so simple that no observations
+could make it plainer. The difficulty of discovering such highlands,
+Mr. McLane said, was presumed not to be insuperable. The arbiter himself
+was not understood to have found it impracticable to discover highlands
+answering the description of the highlands of the treaty, though unable
+to find them due north from the monument; and certainly it could not be
+more difficult for commissioners on the spot to arrive at a conclusion
+satisfactory to their own judgment as to the locality of the highlands.
+
+Mr. McLane, in answer to Sir Charles's request for information on the
+subject, stated that the difficulty in the way of the adoption of
+the line recommended by the arbiter was the want of authority in the
+Government of the United States to agree to a line not only confessedly
+different from the line called for by the treaty, but which would
+deprive the State of Maine of a portion of territory to which she would
+be entitled according to the line of the definitive treaty; that by the
+President's proposition a commission would be raised, not to establish
+a new line differing from the treaty of 1783, but to determine what
+the true and original boundary was and in which of the two disagreeing
+parties the right to the disputed territory originally was; that for
+this purpose the authority of the original commissioners, if they could
+have agreed, was complete under the Ghent treaty, and that of the new
+commission proposed to be constituted could not be less.
+
+Sir Charles R. Vaughan explained, under date of the 24th of March, with
+regard to his observation "that the mode in which it was proposed by the
+United States to settle the boundary was complicated; that he did not
+mean to apply it to the adoption of a rule in the settlement of disputed
+questions of location, but to the manner in which it is proposed by the
+United States that the new commission of survey shall be selected and
+constituted."
+
+On the 8th of December, 1834, Sir Charles R. Vaughan transmitted a note
+to the Department of State, in which, after a passing expression of the
+regret of His Majesty's Government that the American Government still
+declined to come to a separate understanding on the several points of
+difference with respect to which the elements of decision were fully
+before both Governments, but without abandoning the argument contained
+in his note of 10th February last, he addressed himself exclusively to
+the American proposition for the appointment of a new commission to be
+empowered to seek westward of the meridian of the St. Croix highlands
+answering to the description of those mentioned in the treaty of 1783.
+He stated with regard to the rule of surveying on which the proposition
+was founded that however just and reasonable it might be, His Majesty's
+Government did not consider it so generally established and recognized
+as Mr. McLane assumed it to be; that, indeed, no similar case was
+recollected in which the principle asserted had been put in practice;
+yet, on the contrary, one was remembered not only analogous to that
+under discussion, but arising out of the same article of the same
+treaty, in which the supposed rule was invested by the agents of the
+American Government itself; that the treaty of 1783 declared that the
+line of boundary was to proceed from the Lake of the Woods "in a due
+west course to the Mississippi," but it being ascertained that such
+a line could never reach that river, since its sources lie south of
+the latitude of the Lake of the Woods, the commissioners, instead of
+adhering to the natural object--the source of the Mississippi--and
+drawing a new connecting line to it from the Lake of the Woods, adhered
+to the arbitrary line to be drawn due west from the lake and abandoned
+the Mississippi, the specific landmark mentioned in the treaty.
+
+Sir Charles further stated that if the President was persuaded that he
+could carry out the principle of surveying he had proposed without the
+consent of Maine, and if no hope remained, as was alleged by Mr. McLane,
+of overcoming the constitutional difficulty in any other way until at
+least this proposition should have been tried and have failed, His
+Majesty's Government, foregoing their own doubts on the subject, were
+ready to acquiesce in the proceeding proposed by the President if that
+proceeding could be carried into effect in a manner not otherwise
+objectionable; that "His Majesty's Government would consider it
+desirable that the principles on which the new commissioners would have
+to conduct their survey should be settled beforehand by a special
+convention between the two Governments;" that there was, indeed, one
+preliminary question upon which it was obviously necessary the two
+Governments should agree before the commission could begin their survey
+with any chance of success, viz, What is the precise meaning to be
+attached to the words employed in the treaty to define the highlands
+which the commissioners are to seek for? that those highlands are to be
+distinguished from other highlands by the rivers flowing from them, and
+those distinguishing rivers to be known from others by the situation
+of their mouths; that with respect to the rivers flowing south into
+the Atlantic Ocean a difference of opinion existed between the two
+Governments; that whilst the American Government contended that rivers
+falling into the Bay of Fundy were, the British Government contended
+that they were not, for the purposes of the treaty, rivers falling into
+the Atlantic Ocean, and that the views and arguments of the British
+Government on this point had been confirmed by an impartial authority
+selected by the common consent of the two Governments, who was of
+opinion that the rivers St. John and Restigouche were not Atlantic
+rivers within the meaning of the treaty, and that His Majesty's
+Government therefore trusted that the American Cabinet would concur with
+that of His Majesty in deciding "that the Atlantic rivers which are to
+guide the commissioners in searching for the highlands described in the
+treaty are those which fall into the sea to the westward of the mouth of
+the river St. Croix;" that a clear agreement on this point must be an
+indispensable preliminary to the establishment of any new commission
+of survey; that till this point be decided no survey of commissioners
+could lead to a useful result, but that its decision turns upon the
+interpretation of the words of a treaty, and not upon the operations of
+surveyors; and His Majesty's Government, having once submitted it, in
+common with other points, to the judgment of an impartial arbiter, by
+whose award they had declared themselves ready to abide, could not
+consent to refer it to any other arbitration.
+
+In a note from the Department of State dated 28th April, 1835, Sir
+Charles R. Vaughan was assured that his prompt suggestion, as His
+Britannic Majesty's minister, that a negotiation should be opened for
+the establishment of a conventional boundary between the two countries
+was duly appreciated by the President, who, had he possessed like powers
+with His Majesty's Government over the subject, would have met the
+suggestion in a favorable spirit.
+
+The Secretary observed that the submission of the whole subject or
+any part of it to a new arbitrator promised too little to attract the
+favorable consideration of either party; that the desired adjustment of
+the controversy was consequently to be sought for in the application of
+some new principle to the controverted question, and that the President
+thought that by a faithful prosecution of the plan submitted by his
+direction a settlement of the boundary in dispute according to the terms
+of the treaty of 1783 was attainable.
+
+With regard to the rule of practical surveying offered as the basis of
+the American proposition, he said if it should become material to do
+so--which was not to be anticipated--he would find no difficulty either
+in fortifying the ground occupied by this Government in this regard or
+in satisfying Sir Charles that the instance brought into notice by His
+Britannic Majesty's Government of a supposed departure from the rule
+was not at variance with the assertion of Mr. Livingston repeated by
+Mr. McLane. The Secretary therefore limited himself to the remark that
+the line of demarcation referred to by Sir Charles was not established
+as the true boundary prescribed by the treaty of 1783, but was a
+conventional substitute for it, the result of a new negotiation
+controlled by other considerations than those to be drawn from that
+instrument only.
+
+The Secretary expressed the President's unfeigned regret upon learning
+the decision of His Majesty's Government not to agree to the proposition
+made on the part of the United States without a precedent compliance
+by them with inadmissible conditions. He said that the views of this
+Government in regard to this proposal of His Majesty's Government had
+been already communicated to Sir Charles R. Vaughan, and the President
+perceived with pain that the reasons upon which these opinions were
+founded had not been found to possess sufficient force and justice to
+induce the entire withdrawal of the objectionable conditions, but that,
+on the contrary, while His Majesty's Government had been pleased to
+waive for the present six of the seven opinions referred to, the
+remaining one, amongst the most important of them all, was still
+insisted upon, viz, that the St. John and Restigouche should be treated
+by the supposed commission as not being Atlantic rivers according to the
+meaning of those terms in the treaty. With reference to that part of Sir
+Charles's communication which seeks to strengthen the ground heretofore
+taken on this point by the British Government by calling to its aid the
+supposed confirmation of the arbiter, the Secretary felt himself
+warranted in questioning whether the arbiter had ever given his opinion
+that the rivers St. John and Restigouche can not be considered according
+to the meaning of the treaty as rivers falling into the Atlantic, and he
+insisted that it was not the intention of the arbiter to express the
+opinion imputed to him.
+
+The Secretary also informed Sir Charles that the President could not
+consent to clog the submission with the condition proposed by Her
+Majesty's Government; that a just regard to the rights of the parties
+and a proper consideration of his own duties required that the new
+submission, if made, should be made without restriction or qualification
+upon the discretion of the commissioners other than such as resulted
+from established facts and the just interpretation of the definitive
+treaty, and such as had been heretofore and were now again tendered to
+His Britannic Majesty's Government; that he despaired of obtaining a
+better constituted tribunal than the one proposed; that he saw nothing
+unfit or improper in submitting the question as to the character in
+which the St. John and Restigouche were to be regarded to the decision
+of an impartial commission; that the parties had heretofore thought it
+proper so to submit it, and that it by no means followed that because
+commissioners chosen by the parties themselves, without an umpire, had
+failed to come to an agreement respecting it, that the same result would
+attend the efforts of a commission differently selected. The Secretary
+closed his note by stating that the President had no new proposal
+to offer, but would be happy to receive any such proposition as His
+Britannic Majesty's Government might think it expedient to make, and by
+intimating that he was authorized to confer with Sir Charles whenever
+it might suit his convenience and comport with the instructions of his
+Government with respect to the treaty boundary or a conventional
+substitute for it.
+
+On the 4th of May, 1835, Sir Charles R. Vaughan expressed his regret
+that the condition which His Majesty's Government had brought forward as
+an essential preliminary to the adoption of the President's proposal had
+been declared to be inadmissible by the American Government.
+
+Sir Charles confidently appealed to the tenor of the language of the
+award of the arbiter to justify the inference drawn from it by His
+Majesty's Government in regard to that point in the dispute which
+respects the rivers which are to be considered as falling directly
+into the Atlantic. The acquiescence of the United States in what was
+understood to be the opinion of the arbiter was invited, he said,
+because the new commission could not enter upon their survey in search
+of the highlands of the treaty without a previous agreement between
+the two Governments what rivers ought to be considered as falling into
+the Atlantic, and that if the character in which the Restigouche and
+St. John were to be regarded was a question to be submitted to the
+commissioners the President's proposition would assume the character of
+a new arbitration, which had been already objected to by the Secretary.
+Sir Charles also stated that while His Majesty's Government had wished
+to maintain the decisions of the arbiter on subordinate points, their
+mention had not been confined to those decided in favor of British
+claims; that the decisions were nearly balanced in favor of either
+party, and the general result of the arbitration was so manifestly in
+favor of the United States that to them were assigned three-fifths of
+the territory in dispute and Rouses Point, to which they had voluntarily
+resigned all claim.
+
+Sir Charles acknowledged with much satisfaction the Secretary's
+assurance that if the President possessed the same power as His
+Majesty's Government over the question of boundary he would have met
+the suggestion of a conventional line, contained in Sir Charles's note
+of 31st May, 1833, in a favorable spirit. He lamented that the two
+Governments could not coincide in the opinion that the removal of the
+only difficulty in the relations between them was attainable by the last
+proposal of the President, as it was the only one in his power to offer
+in alleviation of the task of tracing the treaty line, to which the
+Senate had advised that any further negotiation should be restricted.
+He said that he was ready to confer with the Secretary whenever it might
+be convenient to receive him, and stated that as to any proposition
+which it might be the wish of the United States to receive from His
+Majesty's Government respecting a conventional substitute for the treaty
+of 1783, it would in the first instance, to avoid constitutional
+difficulties in the way of the Executive, be necessary to obtain the
+consent of Maine, an object which must be undertaken exclusively by the
+General Government of the United States.
+
+Mr. Bankhead, the British charge d'affaires, in a note to the Department
+dated 28th December, 1835, stated that during the three years which had
+elapsed since the refusal of the Senate to agree to the award of the
+King of the Netherlands, although the British Government had more than
+once declared its readiness to abide by its offer to accept the award,
+the Government of the United States had as often replied that on its
+part that award could not be agreed to; that the British Government
+now considered itself by this refusal of the United States fully and
+entirely released from the conditional offer which it had made, and
+that he was instructed distinctly to announce to the President that
+the British Government withdrew its consent to accept the territorial
+compromise recommended by the King of the Netherlands.
+
+With regard to the American proposition for the appointment of a new
+commission of exploration and survey, Mr. Bankhead could not see, since
+the President found himself unable to admit the distinction between the
+Bay of Fundy and the Atlantic Ocean, how any useful result could arise
+out of the proposed survey. He thought, on the contrary, that if it did
+not furnish fresh subjects of difference between the two Governments it
+could at best only bring the subject back to the same point at which it
+now stood.
+
+To the suggestion of the President that the commission of survey should
+be empowered to decide the river question Mr. Bankhead said it was not
+in the power of His Majesty's Government to assent; that this question
+could not properly be referred to such a commission, because it turned
+upon the interpretation to be put upon the words of the treaty of 1783,
+and upon the application of that interpretation to geographical facts
+already well known and ascertained, and that therefore a commission of
+survey had no peculiar competency to decide such a question; that to
+refer it to any authority would be to submit it to a fresh arbitration,
+and that if His Majesty's Government were prepared to agree to a fresh
+arbitration, which was not the case, such arbitration ought necessarily,
+instead of being confined to one particular point alone, to include all
+the points in dispute between the two Governments; that His Majesty's
+Government could therefore only agree to such a commission provided
+there were a previous understanding between the two Governments; that
+although neither should be required to give up its own interpretation
+of the river question, yet "the commissioners should be instructed to
+search for highlands upon the character of which no doubt could exist
+on either side."
+
+If this modification of the President's proposal should not prove
+acceptable, Mr. Bankhead observed, the only remaining way of adjusting
+the difference would be to abandon altogether the attempt to draw a line
+in conformity with the words of the treaty and to fix upon a convenient
+line, to be drawn according to equitable principles and with a view to
+the respective interests and the convenience of the two parties. He
+stated that His Majesty's Government were perfectly ready to treat for
+such a line, and conceived that the natural features of the disputed
+territory would afford peculiar facilities for drawing it; that His
+Majesty's Government would therefore propose an equal division of the
+territory in dispute between Great Britain and the United States, and
+that the general outline of such a division would be that the boundary
+between the two States should be drawn due north from the head of St.
+Croix River till it intersected the St. John; thence up the bed of the
+St. John to the southernmost source of that river, and from that point
+it should be drawn to the head of the Connecticut River in such manner
+as to make the northern and southern allotments of the divided territory
+as nearly as possible equal to each other in extent.
+
+In reply to the preceding note the Secretary, under date of February 29,
+1836, expressed the President's regret to find that His Britannic
+Majesty's Government adhered to its objection to the appointment of a
+commission to be chosen in either of the modes heretofore proposed by
+the United States and his conviction that the proposition on which it
+was founded, "that the river question was a treaty construction only,"
+although repeated on various occasions by Great Britain, was
+demonstrably untenable, and, indeed, only plausible when material and
+most important words of description in the treaty are omitted in quoting
+from that instrument. He said that while His Majesty's Government
+maintain their position agreement between the United States and Great
+Britain on this point was impossible; that the President was therefore
+constrained to look to the new and conventional line offered in Mr.
+Bankhead's note, but that in such a line the wishes and interests of
+Maine were to be consulted, and that the President could not in justice
+to himself or that State make any proposition utterly irreconcilable
+with her previously well-known opinions on the subject; that the
+principle of compromise and equitable division was adopted by the King
+of the Netherlands in the line recommended by him, a line rejected by
+the United States because unjust to Maine; and yet that line gave to
+Great Britain little more than 2,000,000, while the proposition now made
+by His Majesty's Government secured to Great Britain of the disputed
+land more than 4,000,000 acres; that the division offered by Mr.
+Bankhead's note was not in harmony with the equitable rule from which
+it is said to spring, and if it were in conformity with it could not
+be accepted without disrespect to the previous decisions and just
+expectations of Maine. The President was far from attributing this
+proposition, the Secretary said, to the desire of His Majesty's
+Government to acquire territory. He doubted not that the offer, without
+regard to the extent of territory falling to the north or south of the
+St. John, was made by His Majesty's Government from a belief that the
+substitution of a river for a highland boundary would be useful in
+preventing territorial disputes in future; but although the President
+coincided in this view of the subject he was compelled to decline the
+boundary proposed as inconsistent with the known wishes, rights, and
+decisions of the State.
+
+The Secretary concluded by stating that the President, with a view to
+terminate at once all controversy, and without regard to the extent of
+territory lost by one party or acquired by the other, to establish a
+definite and indisputable line, would, if His Majesty's Government
+assented to it, apply to the State of Maine for its consent to make the
+river St. John from its source to its mouth the boundary between Maine
+and His Britannic Majesty's dominions in that part of North America.
+
+Mr. Bankhead acknowledged on the 4th March, 1836, the receipt of
+this note from the Department, and said that the rejection of the
+conventional line proposed in his previous note would cause His
+Majesty's Government much regret. He referred the Secretary to that
+part of his note of the 28th December last wherein the proposition of
+the President for a commission of exploration and survey was fully
+discussed, as it appeared to Mr. Bankhead that the Secretary had not
+given the modification on the part of His Majesty's Government of the
+American proposition the weight to which it was entitled. He said that
+it was offered with the view of meeting as far as practicable the wishes
+of the President and of endeavoring by such a preliminary measure to
+bring about a settlement of the boundary upon a basis satisfactory to
+both parties; that with this view he again submitted to the Secretary
+the modified proposal of His Majesty's Government, remarking that the
+commissioners who might be appointed were not to _decide_ upon points
+of difference, but merely to present to the respective Governments the
+result of their labors, which, it was hoped and believed, would pave
+the way for an ultimate settlement of the question.
+
+Mr. Bankhead considered it proper to state frankly and clearly that the
+proposition offered in the last note from the Department to make the
+river St. John from its source to its mouth the boundary between the
+United States and His Majesty's Province of New Brunswick was one to
+which the British Government, he was convinced, would never agree.
+
+On the 5th March the Secretary expressed regret that his proposition to
+make the river St. John the boundary between Maine and New Brunswick
+would, in the opinion of Mr. Bankhead, be declined by his Government;
+that the Government of the United States could not, however, relinquish
+the hope that the proposal, when brought before His Majesty's cabinet
+and considered with the attention and deliberation due to its merits,
+would be viewed in a more favorable light than that in which it appeared
+to have presented itself to Mr. Bankhead. If, however, the Secretary
+added, this expectation should be disappointed, it would be necessary
+before the President consented to the modification of his previous
+proposition for the appointment of a commission of exploration and
+survey to be informed more fully of the views of the British Government
+in offering the modification, so that he might be enabled to judge how
+the report of the commission (which as now proposed to be constituted
+was not to decide upon points of difference) would be likely to lead
+to an ultimate settlement of the question of boundary, and also which
+of the modes proposed for the selection of commissioners was the one
+intended to be accepted, with the modification suggested by His
+Britannic Majesty's Government.
+
+In January last Mr. Fox, the British minister at Washington, made a
+communication to the Department of State, in which, with reference to
+the objection preferred by the American Government that it had no power
+without the consent of Maine to agree to the arrangement proposed by
+Great Britain, since it would be considered by that State as equivalent
+to a cession of what she regarded as a part of her territory, he
+observed that the objection of the State could not be admitted as valid,
+for the principle on which it rested was as good for Great Britain as
+it was for Maine; that if the State was entitled to contend that until
+the treaty line was determined the boundary claimed by Maine must be
+regarded as the right one, Great Britain was still more entitled to
+insist on a similar pretension and to assert that until the line of the
+treaty shall be established satisfactorily the whole of the disputed
+territory ought to be considered as belonging to the British Crown,
+since Great Britain was the original possessor, and all the territory
+which had not been proved to have been by treaty ceded by her must be
+deemed to belong to her still. But Mr. Fox said the existence of these
+conflicting pretensions pointed out the expediency of a compromise; and
+why, he asked, as a conventional line different from that described in
+the treaty was agreed to with respect to the boundary westward from the
+Lake of the Woods, should such a line not be agreed to likewise for the
+boundary eastward from the Connecticut? Her Majesty's Government could
+not, he added, refrain from again pressing this proposition upon the
+serious consideration of the United States as the arrangement best
+calculated to effect a prompt and satisfactory settlement between
+the two powers.
+
+With reference to the American proposition to make the river St. John
+from its mouth to its source the boundary, Mr. Fox remarked that it was
+difficult to understand upon what grounds any expectation could have
+been formed that such a proposal could be entertained by the British
+Government, for such an arrangement would give to the United States
+even greater advantages than they would obtain by an unconditional
+acquiescence in their claim to the whole of the disputed territory,
+because it would give to Maine all the disputed territory lying south of
+the St. John, and in exchange for the remaining part of the territory
+lying to the north of the St. John would add to the State of Maine a
+large district of New Brunswick--a district smaller in extent, but much
+more considerable in value, than the portion of the disputed territory
+which lies to the north of the St. John.
+
+With regard to the proposition for the appointment of a commission of
+exploration and survey, Mr. Fox stated that Her Majesty's Government,
+with little expectation that it could lead to a useful result, but
+unwilling to reject the only plan left which seemed to afford a chance
+of making a further advance in this matter, would not withhold their
+consent to such a commission if the principle upon which it was to be
+formed and the manner in which it was to proceed could be satisfactorily
+settled; that of the two modes proposed in which such a commission might
+be constituted Her Majesty's Government thought the first, viz, that it
+might consist of commissioners named in equal numbers by each of the two
+Governments, with an umpire to be selected by some friendly European
+power, would be the best, but suggested that it might be better that the
+umpire should be selected by the members of the commission themselves
+rather than that the two Governments should apply to a third power
+to make such a choice; that the object of this commission should be
+to explore the disputed territory in order to find within its limits
+dividing highlands which might answer the description of the treaty, the
+search to be made in a north and northwest line from the monument at
+the head of the St. Croix; and that Her Majesty's Government had given
+their opinion that the commissioners should be instructed to look for
+highlands which both parties might acknowledge as fulfilling the
+conditions of the treaty.
+
+In answer to the inquiry how the report of the commission would,
+according to the views of Her Majesty's Government, be likely when
+rendered to lead to an ultimate settlement of the boundary question,
+Mr. Fox observed that since the proposal for the appointment of a
+commission originated with the Government of the United States, it
+was rather for that Government than the Government of Great Britain to
+answer this question. Her Majesty's Government had already stated they
+had little expectation that such a commission could lead to any useful
+result, etc., but that Her Majesty's Government, in the first place,
+conceived that it was meant by the Government of the United States that
+if the commission should discover highlands answering to the description
+of the treaty a connecting line from them to the head of the St. Croix
+should be deemed to be a portion of the boundary between the two
+countries. Mr. Fox further referred the Secretary to the previous notes
+of Mr. McLane on the subject, in which it was contemplated as one of
+the possible results of the proposed commission that such additional
+information might be obtained of the features of the country as might
+remove all doubt as to the impracticability of laying down a boundary
+in accordance with the letter of the treaty. Mr. Fox said that if
+the investigations of the commission should show that there was no
+reasonable prospect of finding the line described in the treaty of 1783
+the constitutional difficulties which now prevented the United States
+from agreeing to a conventional line might possibly be removed, and the
+way be thus prepared for a satisfactory settlement of the difference by
+equitable division of the territory; but, he added in conclusion, if the
+two Governments should agree to the appointment of such a commission,
+it would be necessary that their agreement should be by a convention,
+and it would be obviously indispensable that the State of Maine should
+be an assenting party to the arrangement.
+
+In acknowledging the receipt of Mr. Fox's communication at the
+Department he was informed (7th February) that the President
+experienced deep disappointment in finding that the answer just
+presented on the part of the British Government to the proposition
+made by this Government with the view of effecting the settlement of
+the boundary question was so indefinite in its terms as to render it
+impracticable to ascertain without further discussion what were the
+real wishes and intentions of Her Majesty's Government respecting the
+appointment of a commission of exploration and survey, but that a copy
+of it would be transmitted to the executive of Maine for the purpose of
+ascertaining the sense of the State authorities upon the expediency of
+meeting the views of Her Majesty's Government so far as they were
+therein developed.
+
+Occasion was taken at the same time to explain to Mr. Fox, in answer
+to the suggestion in his note of the 10th of January last, that the
+parallel of latitude adopted as a conventional substitute for the line
+designated in the treaty for the boundary westward from the Lake of the
+Woods passed over territory within the exclusive jurisdiction of the
+General Government, without trenching upon the rights or claims of
+any member of the Union, and the legitimate power of the Government,
+therefore, to agree to such line was held to be perfect, but that in
+acceding to a conventional line for the boundary eastward from the river
+Connecticut it would transcend its constitutional powers, since such a
+measure could only be carried into effect by violating the jurisdiction
+of a sovereign State and assuming to alienate a portion of the territory
+claimed by such State.
+
+In reply to the observation of Mr. Fox that it was difficult to
+understand upon what ground an expectation could have been entertained
+that the proposition to make the St. John the boundary would be received
+by Her Majesty's Government, he was informed that the suggestion had
+been offered, as the proposition on the part of Great Britain that led
+to it was supposed to have been, with regard to the extent of territory
+lost or acquired by the respective parties, and in the hope that the
+great importance of terminating this controversy by establishing a
+definite and indisputable boundary would be seen and acknowledged by the
+British Government, and have a correspondent weight in influencing its
+decision; that the suggestion in Mr. Bankhead's note of 28th December,
+1835, of a part of the river St. John as a portion of the general
+outline of a conventional boundary, apparently recognized the superior
+advantages of a river over a highland boundary, and that no difficulty
+was anticipated on the part of Her Majesty's Government in understanding
+the grounds upon which such a proposal was expected to be entertained
+by it, since the precedent proposition of Mr. Bankhead just alluded to,
+although based upon the principle of an equal division between the
+parties, could not be justified by it, as it would have given nearly
+two-thirds of the disputed territory to Great Britain; that it was
+therefore fair to presume that the river line, in the opinion of His
+Majesty's Government, presented advantages sufficient to counterbalance
+any loss of territory by either party that might accrue from its
+adoption; and it was also supposed that another recommendation of this
+line would be seen by Great Britain in the fact that whilst by its
+adoption the right of jurisdiction alone would have been yielded to the
+United States over that portion of New Brunswick south of the St. John,
+Great Britain would have acquired the right of soil and jurisdiction of
+all the disputed territory north of that river.
+
+To correct a misapprehension into which Mr. Fox appeared to have fallen,
+the distinctive difference between the American proposition for a
+commission and that proposition as subsequently modified by Great
+Britain was pointed out, and he was informed that although the proposal
+originated with this Government, the modification was so fundamentally
+important that it entirely changed the nature of the proposition, and
+that the supposition, therefore, that it was rather for the Government
+of the United States than for that of Great Britain to answer the
+inquiry preferred by the Secretary of State for information relative
+to the manner in which the report of the commission as proposed to be
+constituted and instructed by the British Government might tend to a
+practical result was unfounded. Mr. Fox was also given to understand
+that any decision made by a commission constituted in the manner
+proposed by the United States and instructed to seek for the highlands
+of the treaty of 1783 would be binding upon this Government and could
+be carried into effect without unnecessary delay; but if the substitute
+presented by Her Majesty's Government should be insisted on and its
+principles be adopted, it would then be necessary to resort to the State
+of Maine for her assent in all proceedings relative to the matter, since
+any arrangement under it can only be for a conventional line to which
+she must be a party.
+
+In conclusion, it was intimated to Mr. Fox that if a negotiation be
+entertained by this Government at all upon the unsatisfactory basis
+afforded by the British counter proposition or substitute, the President
+will not invite it unless the authorities of the State of Maine shall
+think it more likely to lead to an adjustment of the question of
+boundary than the General Government deemed it to be, although
+predisposed to see it in the most favorable light.
+
+Your excellency will perceive that in the course of these proceedings,
+but without abandoning the attempt to adjust the treaty line, steps
+necessary, from the want of power in the Federal Government, of an
+informal character, have been taken to test the dispositions of the
+respective Governments upon the subject of substituting a conventional
+for the treaty line. It will also be seen from the correspondence that
+the British Government, despairing of a satisfactory adjustment of
+the line of the treaty, avows its willingness to enter upon a direct
+negotiation for the settlement of a conventional line if the assent
+of the State of Maine to that course can be obtained.
+
+Whilst the obligations of the Federal Government to do all in its power
+to effect a settlement of this boundary are fully recognized on its
+part, it has in the event of its being unable to do so specifically by
+mutual consent no other means to accomplish the object amicably than by
+another arbitration, or a commission, with an umpire, in the nature of
+an arbitration. In the contingency of all other measures failing the
+President will feel it to be his duty to submit another proposition to
+the Government of Great Britain to refer the decision of the question to
+a third party. He would not, however, be satisfied in taking this final
+step without having first ascertained the opinion and wishes of the
+State of Maine upon the subject of a negotiation for the establishment
+of a conventional line, and he conceives the present the proper time
+to seek it.
+
+I am therefore directed by the President to invite your excellency to
+adopt such measures as you may deem necessary to ascertain the sense
+of the State of Maine with respect to the expediency of attempting to
+establish a conventional line of boundary between that State and the
+British possessions by direct negotiation between the Governments of
+the United States and Great Britain, and whether the State of Maine
+will agree, and upon what conditions, if she elects to prescribe any,
+to abide by such settlement if the same be made. Should the State of
+Maine be of opinion that additional surveys and explorations might
+be useful either in leading to a satisfactory adjustment of the
+controversy according to the terms of the treaty or in enabling the
+parties to decide more understandingly upon the expediency of opening
+a negotiation for the establishment of a line that would suit their
+mutual convenience and be reconcilable to their conflicting interests,
+and desire the creation for that purpose of a commission upon the
+principles and with the limited powers described in the letter of
+Mr. Fox, the President will without hesitation open a negotiation
+with Great Britain for the accomplishment of that object.
+
+I have the honor to be, with high consideration, your excellency's
+obedient servant,
+
+JOHN FORSYTH.
+
+
+
+WASHINGTON, _April 5, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report from the
+Secretary of State, with accompanying papers, in answer to their
+resolution of the 21st ultimo.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, April 4, 1838_.
+
+The PRESIDENT OF THE UNITED STATES:
+
+The Secretary of State, to whom has been referred the resolution of the
+House of Representatives of the 21st ultimo, requesting the President,
+"if not incompatible with the public interests, to communicate to that
+House any information possessed by him respecting the capture and
+destruction of the steamboat _Caroline_ at Schlosser during the night of
+the 29th December last, and the murder of citizens of the United States
+on board, and all the particulars thereof not heretofore communicated,
+and especially to inform the House whether said capture was authorized,
+commanded, or sanctioned or has been avowed by the British authorities
+or officers, or any of them, and also what steps have been taken by him
+to obtain satisfaction from the Government of Great Britain on account
+of said outrage, and to communicate to the House all correspondence or
+communications relative thereto which have passed between the Government
+of the United States and Great Britain, or any of the public authorities
+of either," has the honor to lay before the President the accompanying
+documents, which contain all the information in the possession of this
+Department relative to the subject of the resolution; and to state,
+moreover, that instructions have been transmitted to the minister of the
+United States in London to make a full representation to Her Britannic
+Majesty's Government of the facts connected with this lamentable
+occurrence, to remonstrate against the unwarrantable course pursued
+on the occasion by the British troops from Canada, and to express the
+expectation of this Government that such redress as the nature of the
+case obviously requires will be promptly given.
+
+Respectfully submitted.
+
+JOHN FORSYTH.
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_Washington, January 5, 1838_.
+
+HENRY S. FOX, Esq., etc.
+
+SIR: By the direction of the President of the United States, I have the
+honor to communicate to you a copy of the evidence furnished to this
+Department of an extraordinary outrage committed from Her Britannic
+Majesty's Province of Upper Canada on the persons and property of
+citizens of the United States within the jurisdiction of the State of
+New York. The destruction of the property and the assassination of
+citizens of the United States on the soil of New York at the moment
+when, as is well known to you, the President was anxiously endeavoring
+to allay the excitement and earnestly seeking to prevent any unfortunate
+occurrence on the frontier of Canada have produced upon his mind the
+most painful emotions of surprise and regret. It will necessarily form
+the subject of a demand for redress upon Her Majesty's Government.
+This communication is made to you under the expectation that through
+your instrumentality an early explanation may be obtained from the
+authorities of Upper Canada of all the circumstances of the transaction,
+and that by your advice to those authorities such decisive precautions
+may be used as will render the perpetration of similar acts hereafter
+impossible. Not doubting the disposition of the government of Upper
+Canada to do its duty in punishing the aggressors and preventing future
+outrage, the President nevertheless has deemed it necessary to order
+a sufficient force on the frontier to repel any attempt of a like
+character and to make known to you that if it should occur he can not be
+answerable for the effects of the indignation of the neighboring people
+of the United States.
+
+I avail myself of this occasion, etc.
+
+JOHN FORSYTH.
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_Washington, January 9, 1838_.
+
+HENRY S. FOX, Esq., etc.
+
+SIR: With reference to my note of the 5th instant, communicating to
+you evidence of an extraordinary outrage committed from Her Britannic
+Majesty's Province of Upper Canada on the persons and property of
+certain citizens of the United States at Schlosser, within the
+jurisdiction of the State of New York, on the night of the 29th ultimo,
+I have now the honor to transmit to you the copy of a letter[26]
+recently received from the attorney of the United States for the
+northern district of New York, dated the 8th of the current month, with
+transcripts of sundry depositions[26] which accompanied it, containing
+additional information in regard to that most disastrous occurrence. A
+letter from Mr. George W. Pratt of the 10th of January, with inclosures
+relating to the same subject, is also sent.
+
+I avail myself of this occasion to renew to you the assurance of my
+distinguished consideration.
+
+JOHN FORSYTH.
+
+[Footnote 26: Omitted.]
+
+
+
+ROCHESTER, _January 10, 1838_.
+
+The PRESIDENT.
+
+SIR: Colonel McNab, having avowed that the steamboat _Caroline_ was
+destroyed by his orders, justifies himself by the plea, sustained by
+affidavits, that hostilities were commenced from the American shore.
+
+I inclose you the affidavits[26] of four respectable citizens of
+Rochester, who were present at the time, who contradict the assertions
+of Colonel McNab.
+
+I have the honor to be, your obedient servant,
+
+GEO. W. PRATT.
+
+
+
+_Mr. Fox to Mr. Forsyth_.
+
+WASHINGTON, _February 6, 1838_.
+
+Hon. JOHN FORSYTH, etc.
+
+SIR: With reference to the letters which, by direction of the President,
+you addressed to me on the 5th and 19th ultimo, respecting the capture
+and destruction of the steamboat _Caroline_ by a Canadian force on the
+American side of the Niagara River, within the jurisdiction of the State
+of New York, I have now the honor to communicate to you the copy of a
+letter upon that subject which I have received from Sir Francis Head,
+lieutenant-governor of the Province of Upper Canada, with divers reports
+and depositions annexed.
+
+The piratical character of the steamboat _Caroline_ and the necessity of
+self-defense and self-preservation under which Her Majesty's subjects
+acted in destroying that vessel would seem to be sufficiently
+established.
+
+At the time when the event happened the ordinary laws of the United
+States were not enforced within the frontier district of the State of
+New York. The authority of the law was overborne publicly by piratical
+violence. Through such violence Her Majesty's subjects in Upper Canada
+had already severely suffered, and they were threatened with still
+further injury and outrage. This extraordinary state of things appears
+naturally and necessarily to have impelled them to consult their own
+security by pursuing and destroying the vessel of their piratical enemy
+wheresoever they might find her.
+
+I avail myself of this occasion to renew to you the assurance of my high
+respect and consideration.
+
+H.S. FOX.
+
+
+
+TORONTO, UPPER CANADA, _January 8, 1838_.
+
+His Excellency HENRY S. FOX,
+
+_Her Majesty's Minister, Washington_.
+
+SIR: I have the honor to inclose you the copy of a special message sent
+by His Excellency Governor Marcy to the legislature of the State of New
+York, in relation to a matter on which your excellency will desire the
+earliest and most authentic information. The message only reached this
+place yesterday, and I lose no time in communicating with your
+excellency on the subject.
+
+The governor of the State of New York complains of the cutting out
+and burning of the steamboat _Caroline_ by order of Colonel McNab,
+commanding Her Majesty's forces at Chippewa, in the Province of Upper
+Canada, and of the destruction of the lives of some American citizens
+who were on board of the boat at the time she was attacked.
+
+The act complained of was done under the following circumstances:
+
+In Upper Canada, which contains a population of about 450,000 souls, the
+most perfect tranquillity prevailed up to the 4th day of December last,
+although in the adjoining Province of Lower Canada many of the French
+Canadian inhabitants had been in open rebellion against the Government
+for about a month preceding.
+
+At no time since the treaty of peace with the United States in 1815 had
+Upper Canada been more undisturbed. The real causes of the insurrection
+in Lower Canada, namely, the national antipathy of the French
+inhabitants, did not in any degree apply in the upper Province, whose
+population, like the British and American inhabitants of Lower Canada,
+were wholly opposed to the revolt and anxious to render every service in
+their power in support of the Queen's, authority.
+
+It had been reported to the Government some time before the 4th of
+December that in a remote portion of the home district a number of
+persons occasionally met and drilled with arms under leaders known to
+be disaffected, but it was not believed by the Government that anything
+more could be intended than to make a show of threatened revolt in order
+to create a diversion in favor of the rebels in Lower Canada.
+
+The feeling of loyalty throughout this Province was known to be so
+prevalent and decided that it was not thought unsafe to forbear, for
+the time at least, to take any notice of the proceedings of this party.
+
+On the night of the 4th December the inhabitants of the city of Toronto
+were alarmed by the intelligence that about 500 persons armed with
+rifles were approaching the city; that they had murdered a gentleman
+of great respectability in the highway, and had made several persons
+prisoners. The inhabitants rushed immediately to arms; there were no
+soldiers in the Province and no militia had been called out. The home
+district, from which this party of armed men came, contains 60,000
+inhabitants; the city of Toronto 10,000. In a few hours a respectable
+force, although undisciplined, was collected and armed in self-defense,
+and awaited the threatened attack. It seems now to admit of no doubt
+that if they had at once advanced against the insurgents they would have
+met with no formidable resistance, but it was thought more prudent to
+wait until a sufficient force should be collected to put the success of
+an attack beyond question. In the meantime people poured in from all
+quarters to oppose the insurgents, who obtained no increase of numbers,
+but, on the contrary, were deserted by many of their body in consequence
+of the acts of devastation and plunder into which their leader had
+forced them.
+
+On the 7th of December an overwhelming force of militia went against
+them and dispersed them without losing a man, taking many prisoners,
+who were instantly by my order released and suffered to depart to their
+homes. The rest, with their leaders, fled; some have since surrendered
+themselves to justice; many have been taken, and some have escaped from
+the Province.
+
+It was reported about this time that in the district of London a similar
+disposition to rise had been observed, and in consequence a militia
+force of about 400 men was sent into that district, where it was
+speedily joined by three times as many of the inhabitants of the
+district, who assembled voluntarily and came to their aid with the
+greatest alacrity.
+
+It was discovered that about 300 persons under Dr. Duncombe, an
+American by birth, were assembled with arms, but before the militia
+could reach them they dispersed themselves and fled. Of these by far the
+greater came in immediately and submitted themselves to the Government,
+declaring that they had been misled and deceived, and praying for
+forgiveness.
+
+In about a week perfect tranquillity was restored, and from that moment
+not a man has been seen in arms against the Government in any part of
+the Province, with the exception of the hostile aggression upon Navy
+Island, which I shall presently notice; nor has there been the slightest
+resistance offered to the execution of legal process in a single
+instance.
+
+After the dispersion of the armed insurgents near Toronto Mr. McKenzie,
+their leader, escaped in disguise to the Niagara River and crossed
+over to Buffalo. Reports had been spread there and elsewhere along the
+American frontier that Toronto had been burnt and that the rebels were
+completely successful, but the falsehood of these absurd rumors was
+well known before McKenzie arrived on the American side. It was known
+also that the ridiculous attempt of 400 men to revolutionize a country
+containing nearly half a million inhabitants had been put down by the
+people instantly and decidedly without the loss of a man.
+
+Nevertheless, a number of American citizens in Buffalo and other towns
+on the frontier of the State of New York enlisted as soldiers, with
+the avowed object of invading Canada and establishing a provisional
+government. Public meetings were held to forward this design of invading
+a country with which the United States were at peace. Volunteers were
+called for, and arms, ammunition, and provisions were supplied by
+contributions openly made. All this was in direct and flagrant violation
+of the express laws of the United States, as well as of the law of
+nations.
+
+The civil authority of Buffalo offered some slight shew of resistance to
+the movement, being urged to interpose by many of the most respectable
+citizens. But no real impediment was offered, and on the 13th of
+December some hundreds of the citizens of the State of New York, as
+an armed body under the command of a Mr. Van Rensselaer, an American
+citizen, openly invaded and took possession of Navy Island, a part of
+Upper Canada, situate in the Niagara River.
+
+Not believing that such an outrage would really be committed, no force
+whatever was assembled at the time to counteract this hostile movement.
+
+In a very short time this lawless band obtained from some of the
+arsenals of the State of New York (clandestinely, as it is said) several
+pieces of artillery and other arms, which in broad daylight were openly
+transported to Navy Island without resistance from the American
+authorities. The people of Buffalo and the adjacent country continued to
+supply them with stores of various kinds, and additional men enlisted in
+their ranks.
+
+In a few days their force was variously stated from 500 to 1,500, of
+whom a small proportion were rebels who had fled from Upper Canada. They
+began to intrench themselves, and threatened that they would in a short
+time make a landing on the Canadian side of the Niagara River.
+
+To prevent this and to keep them in check a body of militia was hastily
+collected and stationed on the frontier, under the command of Colonel
+Cameron, assistant adjutant-general of militia, who was succeeded in
+this command by Colonel McNab, the speaker of the house of assembly,
+an officer whose humanity and discretion, as well as his activity,
+have been proved by his conduct in putting down the insurrection in the
+London district and have been acknowledged in warm terms of gratitude
+by the misguided persons who had surrendered themselves into his hands.
+He received orders to act on the defensive only, and to be careful not
+to do any act which the American Government could justly complain of as
+a breach of neutrality.
+
+An official statement of the unfriendly proceedings at Buffalo was
+without delay (on the 13th December) made by me to his excellency the
+governor of the State of New York, to which no answer has been received.
+And after this open invasion of our territory, and when it became
+evident that nothing was effected at Buffalo for preventing the
+violation of neutrality, a special messenger was sent to your excellency
+at Washington to urge your interposition in the matter. Sufficient time
+has not yet elapsed to admit of his return. Soon after his departure
+this band of outlaws on Navy Island, acting in defiance of the laws and
+Government of both countries, opened a fire from several pieces of
+ordnance upon the Canadian shore, which in this part is thickly settled,
+the distance from the island being about 600 yards and within sight of
+the populous village of Chippewa. They put several balls (6-pound shot)
+through a house in which a party of militiamen were quartered and which
+is the dwelling house of Captain Usher, a respectable inhabitant. They
+killed a horse on which a man at the time was riding, but happily did
+no further mischief, though they fired also repeatedly with cannon and
+musketry upon our boats.
+
+They continued daily to render their position more formidable, receiving
+constant supplies of men and warlike stores from the State of New York,
+which were chiefly embarked at a landing place on the American main
+shore, called Fort Schlosser, nearly opposite to Navy Island. This place
+was once, I believe, a military position, before the conquest of Canada
+from the French, but there is now neither fort nor village there, but
+merely a single house occupied as a tavern, and a wharf in front of it,
+to which boats and vessels are moored. The tavern had been during these
+lawless proceedings a rendezvous for the band (who can not be called
+by any name more appropriate than pirates), and was in fact openly and
+notoriously resorted to as their headquarters on the mainland, and is
+so to this time. On the 28th December positive information was given to
+Colonel McNab by persons from Buffalo that a small steamboat called the
+_Caroline_, of about 50 tons burthen, had been hired by the pirates, who
+called themselves "patriots," and was to be employed in carrying down
+cannon and other stores and in transporting men and anything else that
+might be required between Fort Schlosser and Navy Island.
+
+He resolved if she came down and engaged in this service to take or
+destroy her. She did come down agreeably to the information he received.
+She transported a piece of artillery and other stores to the island, and
+made repeated passages during the day between the island and the main
+shore.
+
+In the night he sent a party of militia in boats, with orders to take
+or destroy her. They proceeded to execute the order. They found the
+_Caroline_ moored to the wharf opposite to the inn at Fort Schlosser.
+In the inn there was a guard of armed men to protect her--part of the
+pirate force, or acting in their support. On her deck there was an armed
+party and a sentinel, who demanded the countersign.
+
+Thus identified as she was with the force which in defiance of the law
+of nations and every principle of natural justice had invaded Upper
+Canada and made war upon its unoffending inhabitants, she was boarded,
+and after a resistance in which some desperate wounds were inflicted
+upon the assailants she was carried. If any peaceable citizens of the
+United States perished in the conflict, it was and is unknown to the
+captors, and it was and is equally unknown to them whether any such were
+there. Before this vessel was thus taken not a gun had been fired by the
+force under the orders of Colonel McNab, even upon this gang of pirates,
+much less upon any peaceable citizen of the United States. It must
+therefore have been a consciousness of the guilty service she was
+engaged in that led those who were employing her to think an armed guard
+necessary for her defense. Peaceable citizens of the United States were
+not likely to be found in a vessel so employed at such a place and in
+such a juncture, and if they were there their presence, especially
+unknown as it was to the captors, could not prevent, in law or reason,
+this necessary act of self-defense.
+
+Fifteen days had elapsed since the invasion of Upper Canada by a
+force enlisted, armed, and equipped openly in the State of New York.
+The country where this outrage upon the law of nations was committed
+is populous. Buffalo also contains 15,000 inhabitants. The public
+authorities, it is true, gave no countenance to those flagrant acts, but
+it did not prevent them or in the slightest degree obstruct them further
+than by issuing proclamations, which were disregarded.
+
+Perhaps they could not, but in either case the insult and injury to the
+inhabitants of Canada were the same and their right to defend themselves
+equally unquestionable.
+
+No wanton injury was committed by the party who gallantly effected this
+service. They loosed the vessel from the wharf, and finding they could
+not tow her against the rapid current of the Niagara, they abandoned the
+effort to secure her, set her on fire, and let her drift down the
+stream.
+
+The prisoners taken were a man who, it will be seen by the documents
+accompanying this dispatch, avowed himself to be a subject of Her
+Majesty, inhabiting Upper Canada, who had lately been traitorously in
+arms in that Province, and, having fled to the United States, was then
+on board for the purpose of going to the camp at Navy Island; and a boy,
+who, being born in Lower Canada, was probably residing in the United
+States, and who, being afraid to land from the boat in consequence of
+the firing kept up by the guard on the shore, was placed in one of the
+boats under Captain Drew and taken over to our side, from whence he was
+sent home the next day by the Falls ferry with money given him to bear
+his expenses.
+
+I send with this letter, first, a copy of my first communication to His
+Excellency Governor Marcy,[27] to which no reply has reached me; second,
+the official reports, correspondence, and militia general order
+respecting the destruction of the _Caroline_, with other documents;[27]
+third, the correspondence between Commissary-General Arcularius, of the
+State of New York, respecting the artillery belonging to the government
+of the State of New York, which has been and is still used in making war
+upon this Province;[27] fourth, other correspondence arising out of the
+present state of things on the Niagara frontier;[27] fifth, the special
+message of Governor Marcy.[27]
+
+It will be seen from these documents that a high officer of the
+government of the State of New York has been sent by his excellency
+the governor for the express purpose of regaining possession of the
+artillery of that State which is now employed in hostile aggressions
+upon this portion of Her Majesty's dominions, and that, being aided and
+favored, as he acknowledges, by the most friendly cooperation which the
+commanding officer of Her Majesty's forces could give him, he has been
+successfully defied by this army of American citizens, and has abandoned
+the object of his mission in despair.
+
+It can hardly fail also to be observed by your excellency that in
+the course of this negotiation between Mr. Van Rensselaer and the
+commissary-general of the State of New York this individual, Mr. Van
+Rensselaer, has not hesitated to place himself within the immediate
+jurisdiction of the government whose laws he had violated and in direct
+personal communication with the officer of that government, and has,
+nevertheless, been allowed to return unmolested to continue in command
+of American citizens engaged in open hostilities against Great Britain.
+
+The exact position, then, of affairs on our frontier may be thus described:
+
+An army of American citizens, joined to a very few traitors from Upper
+Canada, and under the command of a subject of the United States, has
+been raised and equipped in the State of New York against the laws
+of the United States and the treaties now subsisting, and are using
+artillery plundered from the arsenals of the State of New York in
+carrying on this piratical warfare against a friendly country.
+
+The officers and Government of the United States and of the State of New
+York have attempted to arrest these proceedings and to control their
+citizens, but they have failed. Although this piratical assemblage are
+thus defying the civil authorities of both countries, Upper Canada alone
+is the object of their hostilities. The Government of the United States
+has failed to enforce its authority by any means, civil or military, and
+the single question (if it be a question) is whether Upper Canada was
+bound to refrain from necessary acts of self-defense against a people
+whom their own Government either could not or would not control.
+
+In perusing the message of His Excellency Governor Marcy to the
+legislature of the State of New York your excellency will probably feel
+some degree of surprise that after three weeks' continued hostility
+carried on by the citizens of New York against the people of Upper
+Canada his excellency seems to have considered himself not called upon
+to make this aggression the subject of remark for any other purpose
+than to complain of a solitary act of self-defense on the part of Her
+Majesty's Province of Upper Canada, to which such unprovoked hostilities
+have unavoidably led.
+
+I have the honor to be, sir, your excellency's most obedient, humble
+servant.
+
+F.B. HEAD.
+
+[Footnote 27: Omitted.]
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_Washington, February 13, 1838_.
+
+HENRY S. FOX, Esq., etc.
+
+SIR: I have the honor to acknowledge the receipt of your note of the
+6th instant, communicating a copy of a letter from Sir Francis Head,
+lieutenant-governor of the Province of Upper Canada, respecting the
+capture and destruction of the steamboat _Caroline_ by a Canadian force
+on the American side of the Niagara River within the jurisdiction of the
+State of New York, together with the reports and depositions thereto
+annexed.
+
+The statement of the facts which these papers present is at variance
+with the information communicated to this Government respecting that
+transaction; but it is not intended to enter at present upon an
+examination of the details of the case, as steps have been taken to
+obtain the fullest evidence that can be had of the particulars of the
+outrage, upon the receipt of which it will be made the subject of a
+formal complaint to the British Government for redress. Even admitting
+that the documents transmitted with your note contain a correct
+statement of the occurrence, they furnish no justification of the
+aggression committed upon the territory of the United States--an
+aggression which was the more unexpected as Sir Francis Head, in his
+speech at the opening of the parliament of Upper Canada, had expressed
+his confidence in the disposition of this Government to restrain its
+citizens from taking part in the conflict which was waging in that
+Province, and added that, having communicated with the governor of
+the State of New York and yourself, he was then waiting for replies.
+
+It is not necessary to remind you that his expectations have been met by
+the adoption of measures on the part of the United States as prompt and
+vigorous as they have been successful in repressing every attempt of
+the inhabitants of the frontier States to interfere unlawfully in that
+contest. The most serious obstacle thrown in the way of those measures
+was the burning of the _Caroline_, which, while it was of no service
+to Her Britannic Majesty's cause in Canada, had the natural effect of
+increasing the excitement on the border, which this Government was
+endeavoring to allay.
+
+I avail myself of this occasion to renew to you the assurance of my
+distinguished consideration.
+
+JOHN FORSYTH.
+
+
+
+BUFFALO, _December 30, 1837_.
+
+His Excellency MARTIN VAN BUREN,
+
+_President of the United States_.
+
+SIR: Inclosed are copies of affidavits[28] which I have prepared in
+great haste, and which contain all that is material in relation to the
+gross and extraordinary transaction to which they relate. Our whole
+frontier is in commotion, and I fear it will be difficult to restrain
+our citizens from avenging by a resort to arms this flagrant invasion
+of our territory. Everything that can be done will be by the public
+authorities to prevent so injudicious a movement. The respective
+sheriffs of Erie and Niagara have taken the responsibility of calling
+out the militia to guard the frontier and prevent any further
+depredations.
+
+I am, sir, with great consideration, your obedient servant,
+
+H.W. ROGERS,
+
+_District Attorney for Erie County, and Acting for the United States_.
+
+[Footnote 28: Omitted.]
+
+
+
+WASHINGTON, _April, 1838_.
+
+_To the Senate_:
+
+I transmit a communication from the Department of War, on the subject of
+the treaty with the Stockbridge and Munsee Indians of September, 1836,
+which is now before the Senate.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _April 15, 1838_.
+
+The PRESIDENT OF THE SENATE OF THE UNITED STATES.
+
+SIR: I transmit to you a report from the Secretary of the Navy,
+accompanied with the papers relating to surveys, examinations and
+surveys of light-houses, sites for light-houses, and improvements in the
+light-house system, called for by the resolution of the Senate of the
+8th of March last.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _April 16, 1838_.
+
+Hon. JAMES K. POLK,
+
+_Speaker of the House of Representatives_.
+
+SIR: I have the honor to transmit to you copies of the letters,
+documents, and communications called for by a resolution of the House of
+Representatives of the 7th of December last, received from the Secretary
+of the Navy, to be annexed to his report of the 5th day of February
+last, in relation to the delay of the sailing of the exploring
+expedition.[29]
+
+M. VAN BUREN.
+
+[Footnote 29: South Sea surveying and exploring expedition.]
+
+
+
+WASHINGTON, _April 18, 1838_.
+
+_To the Senate of the United States_:
+
+I return the petition and papers of Econchatta Nico,[30] referred to
+me by a resolution of the Senate of February 7, 1837, and transmit a
+communication and accompanying papers from the Acting Secretary of
+War, showing the failure of the attempt made, in conformity with the
+resolution, to obtain indemnity for the petitioner by prosecuting the
+depredators on his property, and also the causes of the failure. The
+papers are returned and the report and documents of the Acting Secretary
+of War submitted in order that Congress may devise such other mode of
+relief as may seem proper.
+
+M. VAN BUREN.
+
+[Footnote 30: A chief of the Apalachicola Indians, for indemnification
+for losses sustained by depredations on his property by white persons.]
+
+
+
+WASHINGTON, _April 23, 1838_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of the
+16th instant, relative to an attack on the steamboat _Columbia_ in the
+Gulf of Mexico by a Mexican armed vessel, I transmit a report from the
+Secretary of State, to whom the resolution was referred.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _April 23, 1838_.
+
+_To the Senate_:
+
+I transmit, for the consideration and action of the Senate,
+communications from the Department of War, accompanying treaties with
+the Indians in the State of New York, with the St. Regis band, and with
+the Oneidas residing at Green Bay.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _April 26, 1838_.
+
+_To the House of Representatives of the United States_:
+
+In partial compliance with the resolution of the House of
+Representatives of the 21st ultimo, calling for further information
+on the relations between the United States and the Mexican Republic,
+I transmit a report from the Secretary of State, to whom the resolution
+was referred.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _April 27, 1838_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for their consideration with a view to its
+ratification, a convention between the United States and the Republic of
+Texas for marking the boundary between them, signed in this city by the
+plenipotentiaries of the parties on the 25th instant.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _April 30, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report from the
+Secretary of State, in answer to that part of their resolution of the
+19th ultimo requesting the communication of all correspondence with any
+foreign government in regard to the title or occupation of the territory
+of the United States beyond the Rocky Mountains.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, April 25, 1838_.
+
+The PRESIDENT OF THE UNITED STATES:
+
+The Secretary of State, to whom has been referred so much of the
+resolution of the House of Representatives dated the 19th ultimo as
+requests the President, if not incompatible with the public interest,
+to communicate to that body all correspondence had with any foreign
+government respecting the title or occupation of the territory of the
+United States beyond the Rocky Mountains, has the honor to report to
+the President that no recent communication on this subject has passed
+between this Government and any foreign power, and that copies of the
+correspondence growing out of previous discussions in which the question
+of title or occupation of this territory was involved have been
+heretofore communicated to the House and will be found among the
+documents printed by their order. Document No. 65 of the House of
+Representatives, contained in the fourth volume of State Papers of the
+first session of the Nineteenth Congress, and that numbered 199, in the
+fifth volume of State Papers of the first session of the Twentieth
+Congress, are particularly referred to as immediately connected with
+this subject.
+
+Respectfully submitted.
+
+JOHN FORSYTH.
+
+
+
+WASHINGTON, _May 1, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report, and accompanying documents, from the
+Acting Secretary of War, which contains the information[31] required by
+the resolution of the 16th ultimo, respecting the officers of the Corps
+of Engineers, the works upon which they were engaged during the last
+year, and the other matters embraced in the resolution.
+
+M. VAN BUREN.
+
+[Footnote 31: List of officers of the Corps of Engineers and of the
+works upon which they were employed during the year 1837.]
+
+
+
+WASHINGTON, _May 2, 1838_.
+
+_To the House of Representatives of the United States_:
+
+The report of the Secretary of State transmitted by me to the House of
+Representatives in compliance with their resolution of the 16th ultimo,
+respecting an attack alleged to have been made by a Mexican armed vessel
+upon an American steamboat, having stated that no information on the
+subject had at that time reached the Department, I now transmit another
+report from the same officer, communicating a copy of a note from the
+Mexican minister, with an accompanying document, in reference to the act
+alluded to, which have been received at the Department since the date of
+the former report.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _May 7, 1838_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for their consideration with a view to its
+ratification, a convention signed at Houston on the 11th ultimo by Alcee
+La Branche, charge d'affaires of the United States, and R.A. Irion,
+secretary of state of the Republic of Texas, stipulating for the
+adjustment and satisfaction of claims of citizens of the United States
+on that Government in the cases of the brigs _Pocket_ and _Durango_.
+This convention having been concluded in anticipation of the receipt
+from the Department of a formal power for that purpose, an extract from
+a dispatch of Mr. La Branche to the Secretary of State explanatory of
+his motives for that act is also transmitted for the information of the
+Senate.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _May 10, 1838_.
+
+_To the Senate and House of Representatives_:
+
+I submit to the consideration of Congress a statement prepared by the
+Secretary of the Treasury, by which it appears that the United States,
+with over twenty-eight millions in deposit with the States and over
+fifteen millions due from individuals and banks, are, from the situation
+in which those funds are placed, in immediate danger of being rendered
+unable to discharge with good faith and promptitude the various
+pecuniary obligations of the Government. The occurrence of this result
+has for some time been apprehended, and efforts made to avert it. As the
+principal difficulty arises from a prohibition in the present law to
+reissue such Treasury notes as might be paid in before they fell due,
+and may be effectually obviated by giving the Treasury during the whole
+year the benefit of the full amount originally authorized, the remedy
+would seem to be obvious and easy.
+
+The serious embarrassments likely to arise from a longer continuance
+of the present state of things induces me respectfully to invite the
+earliest attention of Congress to the subject which may be consistent
+with a due regard to other public interests.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _May 11, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives reports from the
+Secretary of State and the Secretary of the Treasury, with accompanying
+papers, in answer to the resolution of the House of the 30th ultimo,
+relating to the introduction of foreign paupers into the United States.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _May 19, 1838_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate the copy of a letter addressed to me
+on the 28th ultimo by the governor of Maine, inclosing several resolves
+of the legislature of that State, and claiming reimbursement from the
+General Government of certain moneys paid to Ebenezer S. Greely, John
+Baker, and others in compensation for losses and sufferings experienced
+by them respectively under circumstances more fully explained in his
+excellency's letter.
+
+In the absence of any authority on the part of the Executive to satisfy
+these claims, they are now submitted to Congress for consideration; and
+I deem it proper at the same time, with reference to the observations
+contained in Governor Kent's note above mentioned, to communicate to
+the Senate copies of other papers connected with the subject of the
+northeastern boundary of the United States, which, with the documents
+already made public, will show the actual state of the negotiations with
+Great Britain on the general question.
+
+M. VAN BUREN.
+
+[The same message was sent to the House of Representatives.]
+
+
+
+STATE OF MAINE, EXECUTIVE DEPARTMENT,
+
+_Augusta, April 28, 1838_.
+
+His Excellency MARTIN VAN BUREN,
+
+_President of the United States_.
+
+SIR: I have the honor to inclose to you a copy of a resolve[32] of the
+legislature of this State in favor of Ebenezer S. Greely, also a copy of
+a resolve[32] in favor of John Baker and others; and in compliance with
+the request of the legislature I ask of the Government of the United
+States a reimbursement of the several sums allowed thereby, which
+several sums have been paid by this State to the individuals named in
+the resolves.
+
+The justice and propriety of granting this request, I can have no doubt,
+will be apparent to you and to Congress when the circumstances under
+which the allowances were made are called to mind.
+
+Mr. Greely, acting as agent under a law of this State authorizing and
+directing a census to be taken in unincorporated places, was forcibly
+seized and imprisoned for several months, and then, without trial,
+released.
+
+John Baker and his associates named in the other resolve suffered
+by imprisonment and otherwise for acting under a law of this State
+incorporating the town of Madawaska in 1831. The State of Maine has
+acknowledged by these and other resolves its sense of obligation to
+remunerate in the first instance these sufferers in its cause and to
+satisfy as far as it is able their claims upon its justice. But the
+wrongs by which they suffered were committed by a foreign power with
+whom we are now at peace. The State of Maine has no power to make war
+or authorize reprisals. She can only look to the General Government
+to assume the payment as an act of justice to a member of the Union
+under the provisions of the Constitution and to demand redress and
+remuneration from the authors of the wrong in the name of the United
+States.
+
+A minute recapitulation of the facts upon which these resolves are
+founded is deemed entirely unnecessary and superfluous, as they have
+heretofore been communicated and are well known to the Executive and
+to Congress.
+
+Maine has suffered too many repetitions of similar attempts to prevent
+her from enjoying her rightful possessions and enforcing her just claims
+to feel indifferent on the subject, and we look with confidence to the
+General Government for protection and support. The amount of money,
+although considerable, is of comparatively small importance when
+contrasted with the principles involved and the effect which must result
+from an immediate and ready assumption of the liability on the part of
+the United States. Such an act would be highly gratifying to the people
+of this State as evidence that their just claims and rights are fully
+recognized by the United States, and that the strong arm of the Union
+will be stretched out for their protection in every lawful effort to
+maintain and enforce their claims, which they know and feel to be just
+and unimpeachable and which they are determined to maintain.
+
+I trust I shall be pardoned for earnestly urging immediate action on the
+subject.
+
+I had the honor to inclose to you, under date of the 28th of March last,
+a copy of my message to the legislature and of the resolves of the
+legislature of Maine in relation to the northeastern boundary, which
+I have no doubt have received and will receive all the attention the
+importance of the subjects therein discussed and acted on demands. You
+will perceive that in accordance with your wishes I communicated the
+proposition in relation to a conventional line of boundary, with the
+letter of Mr. Forsyth addressed to the executive of Maine. The views and
+wishes and determination of the executive and legislature, and I think
+I may safely add of the people, of Maine are fully and distinctly set
+forth in the documents referred to, communicated to you heretofore by
+me. The proposition was distinct and definite, and the answer is equally
+so, and I consider that it may be regarded as the fixed determination of
+Maine to consent to no proposition on our part to vary the treaty line,
+but to stand by that line as a definite, a practicable, and a fair one
+until its impracticability is demonstrated. It is needless for me to
+recapitulate the reasons upon which this determination is founded.
+I refer you to the documents before alluded to for my own views on this
+topic, sanctioned fully by the legislature. The duty devolving upon me
+by your request I have endeavored to discharge in a spirit of profound
+respect for the constituted officers of the General Government, and with
+a single eye to the interest and honor of the United States and of
+the State of Maine. The attitude assumed by Maine in relation to the
+survey of the line of the treaty of 1783 has doubtless attracted your
+attention. I feel it due to the State to say to you frankly and
+unequivocally that this position was taken deliberately and with a full
+consideration of all the circumstances of the case; but it was assumed
+in no spirit of defiance or resistance and with no design to embarrass
+the action of the General Government. Maine feels no desire to act alone
+or independently on this question. She knows and feels that it is a
+national question, and that it is the right and duty of the General
+Government to move forward in effecting the object proposed.
+
+I feel fully warranted in saying that Maine does not intend by this
+expression of her determination to run the line in a certain contingency
+to waive in the least degree her well-founded claim upon the General
+Government to run, mark, and establish it. On the contrary, she will
+most reluctantly yield the hope she now so strongly feels that it is
+the intention of that Government to relieve her from the necessity of
+throwing herself upon her own resources to assert and defend her most
+unquestionable right. The wish of this State is that the first act
+should be to run the line of the treaty of 1783 to ascertain the facts
+in relation to the topography of the country and the exact spot where
+the northwest angle of Nova Scotia may be found according to our
+construction of the treaty language, and to place suitable monuments
+along the whole line. Such a survey would not settle or determine any
+rights, but it would express and declare our views and intentions. Such
+a survey is not a warlike or offensive movement, and can not justly give
+offense to the other party in the controversy. It is the unquestionable
+right of litigants in a court of justice to make explorations of land
+in dispute, and if either party declines a joint survey it may be made
+_ex parte_ and surely the United States have never so far yielded the
+actual possession to Great Britain as to preclude the right on our part
+to ascertain for ourselves the absolute facts and to mark out the limits
+of our claim and our alleged right. This act Maine asks, and asks
+earnestly, the General Government to perform without delay. Such an
+assumption of the controversy on the part of the United States would be
+to Maine an assurance that her rights were duly regarded, and would
+be steadily and perseveringly maintained. We want the name and the
+authority of the United States, and there can be no doubt that an act
+emanating from that source would be regarded by those interested on both
+sides as of more importance than any act of an individual State. So far,
+then, from any indifference on the part of Maine as to the action of the
+General Government, or any desire to be driven to assume the performance
+of the duty alluded to, she looks with intense anxiety and confident
+hope to be relieved from this position. She believes it is alike due to
+the honor of the United States and the rights of Maine that the General
+Government should go forward in the work, and that there is less to
+apprehend in the result from such a course than any other. But Maine
+feels that the time for decisive action has come, that she can not be
+satisfied to have the claim to absolute and exclusive jurisdiction of
+a large part of her territory longer tolerated and acquiesced in. She
+knows that it rightfully belongs to her jurisdiction, that it is hers by
+a clear, perfect, and honest title--as clear, as perfect, and rightful
+as her title to any portion of the State--and she can not consent
+to have this title impaired or weakened by bold encroachments and
+unscrupulous demands. She can not consent that a title transmitted
+by the fathers of the Revolution shall be destroyed or defeated by
+acquiescence in the adverse occupation of a foreign state, and that what
+was once fairly yielded shall be reclaimed in utter defiance of a solemn
+deed of cession. I am confident I am not mistaken in stating that the
+legislature of Maine considered the question as fairly and plainly
+before the National Government, and that if the present session of
+Congress should close with a denial or postponement of the proposed
+survey and no commission should be created by the Executive, as
+contemplated in the resolution referred to, we should have a right
+and be bound to regard such a delay or refusal as evidence of an
+indisposition on the part of the General Government to accede to our
+expressed views and wishes, and a denial of justice, and that Maine in
+that event owed it to herself to cause the survey to be made under her
+own authority. The duty of the executive of Maine is plainly pointed out
+and made imperative and absolute by the resolves of the legislature, and
+I certainly can not hesitate, so far as I have the means and power, to
+execute their declared will.
+
+The people of Maine, sir, are not desirous of conflict or war. Both
+in their habits and their principles they love and wish for peace and
+quiet within their borders. They are not ambitious to win laurels or to
+acquire military glory by waging war with their neighbors, and least
+of all are they desirous of a _border_ warfare, which may be the means
+of sacrificing human life and engendering ill will and bad passions,
+without bringing the controversy to a conclusion. They are scattered
+over our thousand hills, engaged in their quiet and peaceful labors,
+and it is the first wish of their hearts to live peaceably with all men
+and all nations. They have no anxiety to extend our limits or to gain
+territory by conquest, but there is a firm and determined spirit in this
+people which can not brook insult and will not submit to intentional
+injury. "They know their rights, and knowing dare maintain them" with
+calm determination and deliberate purpose, and they appeal with
+unshrinking confidence to their sister States and to the Government
+which binds them together for effective support in this their purpose.
+
+The crisis, as we believe, demands firm and decided language and the
+expression of a determined design. Maine has never refused to acquiesce
+in any fair and honorable mode of fixing the line _according to the
+treaty of 1783_. I have no doubt (but upon this point I speak according
+to my individual belief) that the mode proposed by Great Britain of
+establishing the treaty line upon the face of the earth by a commission
+composed of impartial and scientific men, to be elected by a friendly
+power, would be satisfactory and acquiesced in by this State, but that
+we should neither ask nor agree that any preliminary points should be
+yielded by either party. We should only ask that the treaty should be
+placed in their hands with directions to ascertain and run and fix the
+line according to its plain language and obvious meaning.
+
+Maine can never consent, as I apprehend, to yield the main points of the
+case and then refer it to enable the judges to divide the subject-matter
+of the controversy.
+
+We feel that we now stand on the high vantage ground of truth and
+justice, and that it can not be that any nation professing to act on the
+principles of right and equity can stand up before the civilized world
+and contest with unyielding pertinacity our claim. We have too much
+respect for the nation from which we descended to believe that she will
+sully her reputation by such persevering resistance.
+
+I am conscious that the language and style of this communication are
+unusual and probably undiplomatic; that there is more of the fervor of
+feeling and the plain language of direct appeal than is usual in such
+papers; but it is a subject of such vast importance to the State whose
+interests have been in part intrusted to me and whose organ I am that I
+can not speak in measured terms or indefinite language. On this subject
+we have no ulterior views and no concealed objects. Our plans and our
+policy are open and exposed to the view of all men. Maine has nothing
+in either to conceal or disguise. She plainly and distinctly asks for
+specific and definite action. In performing what I conceive to be
+my duty I have been actuated by entire respect toward the General
+Government and by the single desire to explain and enforce as well as
+I was able our wishes and our rights. I can only add that we trust the
+General Government will assume the performance of the act specified in
+the resolution and relieve Maine from the necessity of independent
+action.
+
+With great respect, I have the honor to be, your most obedient servant,
+
+EDWARD KENT.
+
+[Footnote 32: Omitted.]
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, April 27, 1838_.
+
+HENRY S. FOX, Esq., etc.:
+
+The undersigned, Secretary of State of the United States, has the honor,
+by the directions of the President, to communicate to Mr. Fox, Her
+Britannic Majesty's envoy extraordinary and minister plenipotentiary,
+the result of the application of the General Government to the State
+of Maine on the subject of the northeastern boundary line and the
+resolution which the President has formed upon a careful consideration
+thereof. By the accompanying papers,[33] received from the executive
+of Maine, Mr. Fox will perceive that Maine declines to give a consent
+to the negotiation for a conventional boundary, is disinclined to the
+reference of the points in dispute to a new arbitration, but is yet
+firmly persuaded that the line described in the treaty of 1783 can be
+found and traced whenever the Governments of the United States and
+Great Britain shall proceed to make the requisite investigations with
+a predisposition to effect that very desirable object. Confidently
+relying, as the President does, upon the assurances frequently repeated
+by the British Government of the earnest desire to reach that result if
+it is practicable, he has instructed the undersigned to announce to Mr.
+Fox the willingness of this Government to enter into an arrangement with
+Great Britain for the establishment of a joint commission of survey and
+exploration upon the basis of the original American proposition and the
+modifications offered by Her Majesty's Government.
+
+The Secretary of State is therefore authorized to invite Mr. Fox to
+a conference upon the subject at as early a day as his convenience
+will permit, and the undersigned will be immediately furnished with a
+requisite full power by the President to conclude a convention embracing
+that object if Her Majesty's minister is duly empowered to proceed to
+the negotiation of it on the part of Great Britain.
+
+The undersigned avails himself of this occasion to renew to Mr. Fox the
+expression of his distinguished consideration.
+
+JOHN FORSYTH.
+
+[Footnote 33: Omitted.]
+
+
+
+WASHINGTON, _May 1, 1838_.
+
+Hon. JOHN FORSYTH, etc.
+
+
+Sir: I have the honor to acknowledge the receipt of your official note
+of the 27th ultimo, in which you inclose to me a communication received
+by the Federal Government from the executive of Maine upon the subject
+of the northeastern boundary line, and in which you inform me that the
+President is willing to enter into an arrangement with Her Majesty's
+Government for the establishment of a joint commission of survey and
+exploration upon the basis of the original American proposition and of
+the modifications offered by Her Majesty's Government, as communicated
+to you in my note of the 10th of January last, and you invite me to a
+conference for the purpose of negotiating a convention that shall
+embrace the above object if I am duly empowered by my Government to
+proceed to such negotiation.
+
+I have the honor to state to you in reply that my actual instructions
+were fulfilled by the delivery of the communication which I addressed to
+you on the 10th of January, and that I am not at present provided with
+full powers for negotiating the proposed convention. I will forthwith,
+however, transmit to Her Majesty's Government the note which I have had
+the honor to receive from you in order that such fresh instructions may
+be furnished to me or such other steps taken as the present situation of
+the question may appear to Her Majesty's Government to require.
+
+I avail myself of this occasion to renew to you the assurance of my high
+respect and consideration.
+
+H.S. FOX.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, May 8, 1838_.
+
+His Excellency EDWARD KENT,
+
+_Governor of Maine_.
+
+Sir: I have the honor to acknowledge the receipt on the 22d ultimo of
+the communication addressed to this Department by your excellency on
+the 28th of March last, transmitting a printed copy of your message of
+the 14th of the same month to the legislature of Maine, together with
+certain resolves passed by that body, in relation to the northeastern
+boundary of the State.
+
+Although the answer thus given to the application made to you, by
+direction of the President, under date of the 1st of March last, to
+ascertain the sense of the State of Maine in regard to a conventional
+line of boundary may be regarded as conclusive, I still deem it proper,
+with reference to your excellency's message, to mark a misconception
+which appears to have existed on your part when communicating to the
+legislature the letter and documents received from this Department. This
+is done with the greater freedom since the frank and liberal manner in
+which your excellency invited the attention of that body to the subject
+is highly appreciated by the President. The question therein presented
+for consideration was not, as your excellency supposed, whether the
+State of Maine should "take the lead in abandoning the treaty and
+volunteer propositions for a conventional line," but simply whether the
+government of Maine would consent that the General Government should
+entertain a direct negotiation with the British Government for a
+conventional line of boundary on the northeastern frontier of the United
+States. Had that consent been given it would have been reasonable to
+expect the proposition of a line from Great Britain, as it was that
+power which particularly desired the resort to that mode of settling the
+controversy. It was also the intention of the President so to arrange
+the negotiation that the approbation of Maine to the boundary line
+agreed upon should have been secured. It was with this view that in the
+application to the State of Maine for its assent to a negotiation for a
+conventional line express reference was made to such conditions as she
+might think proper to prescribe. To all such as were, in the opinion of
+the President, required by a proper regard for the security of Maine and
+consistent with the Constitution he would have yielded a ready assent.
+Of that character was he disposed to regard a condition that in a
+negotiation for the final establishment of a new line, with power on the
+part of the negotiators to stipulate for the cession or exchange of
+territory as the interests and convenience of the parties might be found
+to require, the State of Maine should be represented by commissioners of
+her own selection and that their previous assent should be requisite to
+make any treaty containing such stipulation binding upon her.
+
+These suggestions are not now made as matter of complaint at the
+decision which the State of Maine has come to on a matter in which she
+was at perfect liberty to pursue the course she has adopted, but in
+justice to the views of the President in making the application.
+
+I am instructed to announce to your excellency that by direction of the
+President, upon due consideration of the result of the late application
+of the General Government to the State of Maine on the subject of the
+northeastern boundary and in accordance with the expressed wishes of
+her legislature, I have informed Mr. Fox of the willingness of this
+Government to enter into an arrangement with that of Great Britain for
+the establishment of a joint commission of survey and exploration upon
+the basis of the original American proposition and the modifications
+offered by Her Majesty's Government, and to apprise you that Mr. Fox,
+being at present unprovided with full powers for negotiating the
+proposed convention, has transmitted my communication to his Government
+in order that such fresh instructions may be furnished to him or such
+other steps taken as may be deemed expedient on its part.
+
+I have the honor to be, with great respect, your excellency's obedient
+servant,
+
+JOHN FORSYTH.
+
+
+
+WASHINGTON, _May 21, 1838_.
+
+_To the Senate and House of Representatives of the United States_:
+
+The accompanying copy of a communication addressed by the Secretary of
+War to the Cherokee delegation is submitted to Congress in order that
+such measures may be adopted as are required to carry into effect the
+benevolent intentions of the Government toward the Cherokee Nation, and
+which it is hoped will induce them to remove peaceably and contentedly
+to their new homes in the West.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _May 24, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith submit a report from the Secretary of the Treasury,
+explanatory of the manner in which extracts from certain newspapers
+relating to the introduction of foreign paupers into this country, and
+the steps taken to prevent it, became connected with his communication
+to me on that subject, accompanying my message of the 11th instant.
+Sensible that those extracts are of a character which would, if
+attention had been directed to them, have prevented their transmission
+to the House, I request permission to withdraw them.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _May 30, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report from the
+Secretary of State, in answer to their resolution of the 28th instant,
+relative to the claim[34] in the case of the ship _Mary_ and cargo, of
+Baltimore.
+
+M. VAN BUREN.
+
+[Footnote 34: Against the Government of Holland.]
+
+
+
+WASHINGTON, _May 31, 1838_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of the
+28th instant, regarding the annexation of the Republic of Texas to the
+United States, I transmit a report from the Secretary of State, to whom
+the resolution was referred.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 1, 1838_.
+
+_To the Senate of the United States_:
+
+Negotiations have been opened with the Osage and Delaware Indians, in
+compliance with the resolution of the Senate of the 19th of January
+last, for the relinquishment of certain school lands secured to them by
+treaty. These relinquishments have been obtained on the terms authorized
+by the resolution, and copies of them are herewith transmitted for the
+information of the Senate.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 4, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith to the House of Representatives a report from the
+Secretary of State, with accompanying papers, relating to the claim of
+the orphan children of Peter Shackerly,[35] in answer to their
+resolution of the 28th ultimo.
+
+M. VAN BUREN.
+
+[Footnote 35: Killed on board of the United States ship _Chesapeake_
+when attacked by the British ship of war _Leopard_, June 22, 1807.]
+
+
+
+WASHINGTON, _June 6, 1838_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the 4th instant, calling for any
+communication received from the governors of the States of Georgia,
+North Carolina, Tennessee, and Alabama in reference to the proposed
+modification of the Cherokee treaty of 1835, I herewith inclose a report
+of the Secretary of War, accompanied by a copy of a letter addressed by
+him to the governor of Georgia and of his reply thereto. As stated by
+the Secretary, no communication on that subject has been received from
+either of the other executives mentioned.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 7, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I transmit to the House of Representatives an account against the
+United States, presented by Heman Cady, of Plattsburg, in the State of
+New York, for services alleged to have been rendered as deputy marshal
+for the northern district of New York from the 20th December, 1837, to
+the 9th February, 1838, by direction of the attorney and marshal of the
+United States for that district, in endeavoring to prevent the arming
+and enlisting of men for the invasion of Canada. I also transmit
+certain documents which were exhibited in support of the said account.
+I recommend to the consideration of Congress the expediency of an
+appropriation for the payment of this claim and of some general
+provision for the liquidation and payment of others which may be
+expected to be presented hereafter for services of a similar character
+rendered before and after the passage of the act of the 20th March last,
+for preserving the neutrality of the United States on the northern
+frontier, which act imposes important duties upon the marshals and other
+civil officers, but omits to provide for their remuneration or for the
+reimbursement of their expenses.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 7, 1838_.
+
+_To the Senate of the United States_:
+
+Having received satisfactory assurances from the Government of Ecuador
+of its desire to negotiate a treaty of commerce on the most liberal
+principles in place of the expired treaty made with the Republic of
+Colombia, heretofore regulating our intercourse with Ecuador, it is my
+design to give the requisite authority for that purpose to the charge
+d'affaires of the United States about to be appointed for Peru, with
+instructions to stop in Ecuador on his way to Lima as the agent of the
+United States to accomplish that object. The only additional charges to
+be incurred will be the expense of his journey from Panama to Quito, and
+from thence to the place of embarkation for Lima, to be paid out of the
+foreign-intercourse fund. I make this communication to the Senate that
+an opportunity may be afforded for the expression of an opinion, if
+it shall be deemed necessary, on the exercise of such a power by the
+Executive without applying to the Senate for its approbation and
+consent. In debate it has been sometimes asserted that this power,
+frequently exercised without question or complaint, and leading to
+no practical evil, as no arrangement made under such circumstances
+can be obligatory upon the United States without being submitted to
+the approbation of the Senate, is an encroachment upon its rightful
+authority. It appears to have been considered that the annual
+appropriation of a gross sum for the expenses of foreign intercourse is
+intended, among other objects, to provide for the cost of such agencies,
+and that the authority granted is the same as that frequently given to
+the Secretary of State to form treaties with the representatives or
+agents of foreign governments, upon the granting of which the Senate
+never have been consulted.
+
+Desiring in this and in all other instances to act with the most
+cautious respect to the claims of other branches of the Government,
+I bring this subject to the notice of the Senate that if it shall be
+deemed proper to raise any question it may be discussed and decided
+before and not after the power shall have been exercised.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _June 11, 1838_.
+
+_To the Senate of the United States_:
+
+I submit herewith, for consideration and action, a communication from
+the Secretary of War and the treaty with the Otoe, Missouria, and Omaha
+Indians therein referred to.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 20, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I transmit, in compliance with a resolution of the House of
+Representatives of the 11th instant, reports from the Secretaries
+of State, Treasury, and War, with the documents referred to by them
+respectively. It will be seen that the outrage committed on the
+steamboat _Sir Robert Peel_, under the British flag, within the waters
+of the United States, and on the steamboat _Telegraph_, under the
+American flag, at Brockville, in Upper Canada, have not been followed
+by any demand by either Government on the other for redress. These acts
+have been so far treated on each side as criminal offenses committed
+within the jurisdiction of tribunals competent to inquire into the facts
+and to punish the persons concerned in them. Investigations have been
+made, some of the individuals inculpated have been arrested, and
+prosecutions are in progress, the result of which can not be doubted.
+The excited state of public feeling on the borders of Canada on both
+sides of the line has occasioned the most painful anxiety to this
+Government. Every effort has been and will be made to prevent the
+success of the design, apparently formed and in the course of execution
+by Canadians who have found a refuge within the territory, aided by a
+few reckless persons of our own country, to involve the nation in a war
+with a neighboring and friendly power. Such design can not succeed while
+the two Governments appreciate and confidently rely upon the good faith
+of each other in the performance of their respective duties. With a
+fixed determination to use all the means in my power to put a speedy
+and satisfactory termination to these border troubles, I have the most
+confident assurances of the cordial cooperation of the British
+authorities, at home and in the North American possessions, in the
+accomplishment of a purpose so sincerely and earnestly desired by the
+Governments and people both of the United States and Great Britain.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 28, 1838_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with a resolution passed by the House of Representatives
+on the 23d instant, in respect to the new Treasury building, I submit
+the inclosed report from the commissioners charged with a general
+superintendence of the work, and which, with the documents annexed,
+is believed to contain all the information desired.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 28, 1838_.
+
+_To the Senate of the United States_:
+
+I nominate Lieutenant-Colonel Thayer, of the Corps of Engineers, for the
+brevet of colonel in the Army, agreeably to the recommendation of the
+Secretary of War.
+
+M. VAN BUREN.
+
+
+
+WAR DEPARTMENT, _June 28, 1838_.
+
+The PRESIDENT OF THE UNITED STATES.
+
+SIR: In submitting the name of Brevet Lieutenant-Colonel S. Thayer,
+of the Corps of Engineers, for the brevet of colonel for ten years'
+faithful service in one grade it may be proper to state the
+circumstances of his case.
+
+When the law of 1812 regulating brevets was repealed by the act of June
+30, 1834, all the officers of the Army who were known to be entitled to
+the ordinary brevet promotion for ten years' faithful service in one
+grade received on that day, by and with the advice and consent of the
+Senate, the brevet promotion to which they were respectively entitled.
+The regulation which governed the subject under the law had reference
+only to service with regularly organized bodies of troops, and valid
+claims arising under it were generally known and easily understood at
+the Adjutant-General's Office. If incidental cases occurred for which
+the written regulations could not provide the rule, although equally
+valid, such, nevertheless, may not in every instance have been known at
+the War Department until specially represented by the party interested.
+The case of Brevet Lieutenant-Colonel Thayer happened to be one of those
+incidental claims, and as soon as it was submitted for consideration its
+validity was clearly seen and acknowledged. Had it been submitted to
+the Department when the list was made out in June, 1834, it may not be
+doubted that this highly meritorious and deserving officer would at the
+time have received the brevet of colonel for "having served faithfully
+as brevet lieutenant-colonel and performed the appropriate duties of
+that grade for ten years," which, it may be seen, was due more than
+_a year before the passage of the act repealing the law_.
+
+In presenting now this deferred case for your favorable consideration
+justice requires that I should advert to the valuable services
+rendered to the Army and the country by Lieutenant-Colonel Thayer as
+Superintendent of the Military Academy at West Point. In 1817 he found
+that institution defective in all its branches, and without order; in
+1833 he left it established upon a basis alike honorable to himself and
+useful to the nation. These meritorious services constitute _another_
+claim which entitles this officer to the notice of the Government, and
+as they come fairly within one of the conditions of the law which yet
+open the way to brevet promotion, the incentive it provides is fully
+realized by the services that have been rendered.
+
+I am, sir, with great respect, your obedient servant,
+
+J.R. POINSETT.
+
+
+
+WASHINGTON, _July 2, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report[36] from
+the Secretary of State, together with the documents therein referred to
+in answer to their resolution of the 28th of May last.
+
+M. VAN BUREN.
+
+[Footnote 36: Transmitting reports of the commissioners appointed under
+the sixth and seventh articles of the treaty of Ghent to ascertain and
+fix the boundary between the United States and the British possessions
+in North America, etc.]
+
+
+
+WASHINGTON, _July 3, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I transmit a report from the War Department, in relation to the
+investigations of the allegations of fraud committed on the Creek
+Indians in the sales of their reservations authorized by the resolution
+of that body of the 1st of July, 1836.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _July 4, 1838_.
+
+_To the House of Representatives of the United States_:
+
+In further compliance with the resolution of the House of
+Representatives of the 21st of March last, requesting papers on
+the subject of the relations between the United States and Mexico, I
+transmit a report from the Secretary of State, to whom the resolution
+was referred, supplementary to the report of that officer communicated
+with my message to the House of Representatives of the 27th of April
+last.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _July 7, 1838_.
+
+The PRESIDENT OF THE SENATE.
+
+SIR: In conformity with the resolution of the Senate, I transmit
+herewith the report of Major-General Jesup,[27] together with a letter
+from the Secretary of War.
+
+M. VAN BUREN.
+
+[Footnote 37: Relating to operations while commanding the army in
+Florida.]
+
+
+
+
+PROCLAMATIONS.
+
+
+[From Statutes at Large (Little, Brown & Co.), Vol XI, p. 784.]
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas information having been received of a dangerous excitement on
+the northern frontier of the United States in consequence of the civil
+war begun in Canada, and instructions having been given to the United
+States officers on that frontier and applications having been made
+to the governors of the adjoining States to prevent any unlawful
+interference on the part of our citizens in the contest unfortunately
+commenced in the British Provinces, additional information has just been
+received that, notwithstanding the proclamations of the governors of
+the States of New York and Vermont exhorting their citizens to refrain
+from any unlawful acts within the territory of the United States, and
+notwithstanding the presence of the civil officers of the United States,
+who by my directions have visited the scenes of commotion with a view
+of impressing the citizens with a proper sense of their duty, the
+excitement, instead of being appeased, is every day increasing in
+degree; that arms and munitions of war and other supplies have been
+procured by the insurgents in the United States; that a military force,
+consisting in part, at least, of citizens of the United States, had been
+actually organized, had congregated at Navy Island, and were still in
+arms under the command of a citizen of the United States, and that they
+were constantly receiving accessions and aid:
+
+Now, therefore, to the end that the authority of the laws may be
+maintained and the faith of treaties observed, I, Martin Van Buren,
+do most earnestly exhort all citizens of the United States who have thus
+violated their duties to return peaceably to their respective homes; and
+I hereby warn them that any persons who shall compromit the neutrality
+of this Government by interfering in an unlawful manner with the affairs
+of the neighboring British Provinces will render themselves liable to
+arrest and punishment under the laws of the United States, which will
+be rigidly enforced; and, also, that they will receive no aid or
+countenance from their Government, into whatever difficulties they
+may be thrown by the violation of the laws of their country and the
+territory of a neighboring and friendly nation.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, the 5th day of January,
+A.D. 1838, and the sixty-second of the Independence of the United
+States.
+
+M. VAN BUREN.
+
+By the President:
+  JOHN FORSYTH,
+    _Secretary of State_.
+
+
+
+[From Statutes at Large (Little, Brown & Co.), Vol. XI, p. 785.]
+
+BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
+
+A PROCLAMATION.
+
+
+Whereas there is too much reason to believe that citizens of the United
+States, in disregard to the solemn warning heretofore given to them by
+the proclamations issued by the Executive of the General Government and
+by some of the governors of the States, have combined to disturb the
+peace of the dominions of a neighboring and friendly nation; and
+
+Whereas information has been given to me, derived from official and
+other sources, that many citizens in different parts of the United
+States are associated or associating for the same purpose; and
+
+Whereas disturbances have actually broken out anew in different parts of
+the two Canadas; and
+
+Whereas a hostile invasion has been made by citizens of the United
+States, in conjunction with Canadians and others, who, after forcibly
+seizing upon the property of their peaceful neighbor for the purpose
+of effecting their unlawful designs, are now in arms against the
+authorities of Canada, in perfect disregard of their obligations as
+American citizens and of the obligations of the Government of their
+country to foreign nations:
+
+Now, therefore, I have thought it necessary and proper to issue this
+proclamation, calling upon every citizen of the United States neither to
+give countenance nor encouragement of any kind to those who have thus
+forfeited their claim to the protection of their country; upon those
+misguided or deluded persons who are engaged in them to abandon projects
+dangerous to their own country, fatal to those whom they profess a
+desire to relieve, impracticable of execution without foreign aid, which
+they can not rationally expect to obtain, and giving rise to imputations
+(however unfounded) upon the honor and good faith of their own
+Government; upon every officer, civil or military, and upon every
+citizen, by the veneration due by all freemen to the laws which they
+have assisted to enact for their own government, by his regard for the
+honor and reputation of his country, by his love of order and respect
+for the sacred code of laws by which national intercourse is regulated,
+to use every effort in his power to arrest for trial and punishment
+every offender against the laws providing for the performance of our
+obligations to the other powers of the world. And I hereby warn all
+those who have engaged in these criminal enterprises, if persisted in,
+that, whatever may be the condition to which they may be reduced, they
+must not expect the interference of this Government in any form on their
+behalf, but will be left, reproached by every virtuous fellow-citizen,
+to be dealt with according to the policy and justice of that Government
+whose dominions they have, in defiance of the known wishes of their own
+Government and without the shadow of justification or excuse,
+nefariously invaded.
+
+[SEAL.]
+
+Given under my hand, at the city of Washington, the 21st day of
+November, A.D. 1838, and the sixty-third of the Independence of the
+United States.
+
+M. VAN BUREN.
+
+By the President:
+  JOHN FORSYTH,
+    _Secretary of State_.
+
+
+
+
+SECOND ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 3, 1838_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+I congratulate you on the favorable circumstances in the condition
+of our country under which you reassemble for the performance of your
+official duties. Though the anticipations of an abundant harvest have
+not everywhere been realized, yet on the whole the labors of the
+husbandman are rewarded with a bountiful return; industry prospers in
+its various channels of business and enterprise; general health again
+prevails through our vast diversity of climate; nothing threatens from
+abroad the continuance of external peace; nor has anything at home
+impaired the strength of those fraternal and domestic ties which
+constitute the only guaranty to the success and permanency of our happy
+Union, and which, formed in the hour of peril, have hitherto been
+honorably sustained through every vicissitude in our national affairs.
+These blessings, which evince the care and beneficence of Providence,
+call for our devout and fervent gratitude.
+
+We have not less reason to be grateful for other bounties bestowed by
+the same munificent hand, and more exclusively our own.
+
+The present year closes the first half century of our Federal
+institutions, and our system, differing from all others in the
+acknowledged practical and unlimited operation which it has for so long
+a period given to the sovereignty of the people, has now been fully
+tested by experience.
+
+The Constitution devised by our forefathers as the framework and bond
+of that system, then untried, has become a settled form of government;
+not only preserving and protecting the great principles upon which it
+was founded, but wonderfully promoting individual happiness and private
+interests. Though subject to change and entire revocation whenever
+deemed inadequate to all these purposes, yet such is the wisdom of its
+construction and so stable has been the public sentiment that it remains
+unaltered except in matters of detail comparatively unimportant. It has
+proved amply sufficient for the various emergencies incident to our
+condition as a nation. A formidable foreign war; agitating collisions
+between domestic, and in some respects rival, sovereignties; temptations
+to interfere in the intestine commotions of neighboring countries; the
+dangerous influences that arise in periods of excessive prosperity, and
+the antirepublican tendencies of associated wealth--these, with other
+trials not less formidable, have all been encountered, and thus far
+successfully resisted.
+
+It was reserved for the American Union to test the advantages of a
+government entirely dependent on the continual exercise of the popular
+will, and our experience has shown that it is as beneficent in practice
+as it is just in theory. Each successive change made in our local
+institutions has contributed to extend the right of suffrage, has
+increased the direct influence of the mass of the community, given
+greater freedom to individual exertion, and restricted more and more the
+powers of Government; yet the intelligence, prudence, and patriotism
+of the people have kept pace with this augmented responsibility. In
+no country has education been so widely diffused. Domestic peace has
+nowhere so largely reigned. The close bonds of social intercourse have
+in no instance prevailed with such harmony over a space so vast. All
+forms of religion have united for the first time to diffuse charity and
+piety, because for the first time in the history of nations all have
+been totally untrammeled and absolutely free. The deepest recesses of
+the wilderness have been penetrated; yet instead of the rudeness in the
+social condition consequent upon such adventures elsewhere, numerous
+communities have sprung up, already unrivaled in prosperity, general
+intelligence, internal tranquillity, and the wisdom of their political
+institutions. Internal improvement, the fruit of individual enterprise,
+fostered by the protection of the States, has added new links to
+the Confederation and fresh rewards to provident industry. Doubtful
+questions of domestic policy have been quietly settled by mutual
+forbearance, and agriculture, commerce, and manufactures minister to
+each other. Taxation and public debt, the burdens which bear so heavily
+upon all other countries, have pressed with comparative lightness upon
+us. Without one entangling alliance, our friendship is prized by every
+nation, and the rights of our citizens are everywhere respected,
+because they are known to be guarded by a united, sensitive, and
+watchful people.
+
+To this practical operation of our institutions, so evident and
+successful, we owe that increased attachment to them which is among the
+most cheering exhibitions of popular sentiment and will prove their best
+security in time to come against foreign or domestic assault.
+
+This review of the results of our institutions for half a century,
+without exciting a spirit of vain exultation, should serve to impress
+upon us the great principles from which they have sprung--constant and
+direct supervision by the people over every public measure, strict
+forbearance on the part of the Government from exercising any doubtful
+or disputed powers, and a cautious abstinence from all interference with
+concerns which properly belong and are best left to State regulations
+and individual enterprise.
+
+Full information of the state of our foreign affairs having been
+recently on different occasions submitted to Congress, I deem it
+necessary now to bring to your notice only such events as have
+subsequently occurred or are of such importance as to require particular
+attention.
+
+The most amicable dispositions continue to be exhibited by all the
+nations with whom the Government and citizens of the United States have
+an habitual intercourse. At the date of my last annual message Mexico
+was the only nation which could not be included in so gratifying a
+reference to our foreign relations.
+
+I am happy to be now able to inform you that an advance has been made
+toward the adjustment of our differences with that Republic and the
+restoration of the customary good feeling between the two nations. This
+important change has been effected by conciliatory negotiations that
+have resulted in the conclusion of a treaty between the two Governments,
+which, when ratified, will refer to the arbitrament of a friendly power
+all the subjects of controversy between us growing out of injuries
+to individuals. There is at present also reason to believe that an
+equitable settlement of all disputed points will be attained without
+further difficulty or unnecessary delay, and thus authorize the free
+resumption of diplomatic intercourse with our sister Republic.
+
+With respect to the northeastern boundary of the United States,
+no official correspondence between this Government and that of Great
+Britain has passed since that communicated to Congress toward the
+close of their last session. The offer to negotiate a convention for
+the appointment of a joint commission of survey and exploration I am,
+however, assured will be met by Her Majesty's Government in a
+conciliatory and friendly spirit, and instructions to enable the British
+minister here to conclude such an arrangement will be transmitted to him
+without needless delay. It is hoped and expected that these instructions
+will be of a liberal character, and that this negotiation, if
+successful, will prove to be an important step toward the satisfactory
+and final adjustment of the controversy.
+
+I had hoped that the respect for the laws and regard for the peace and
+honor of their own country which have ever characterized the citizens of
+the United States would have prevented any portion of them from using
+any means to promote insurrection in the territory of a power with
+which we are at peace, and with which the United States are desirous of
+maintaining the most friendly relations. I regret deeply, however, to
+be obliged to inform you that this has not been the case. Information
+has been given to me, derived from official and other sources, that
+many citizens of the United States have associated together to make
+hostile incursions from our territory into Canada and to aid and abet
+insurrection there, in violation of the obligations and laws of the
+United States and in open disregard of their own duties as citizens.
+This information has been in part confirmed by a hostile invasion
+actually made by citizens of the United States, in conjunction with
+Canadians and others, and accompanied by a forcible seizure of the
+property of our citizens and an application thereof to the prosecution
+of military operations against the authorities and people of Canada.
+
+The results of these criminal assaults upon the peace and order
+of a neighboring country have been, as was to be expected, fatally
+destructive to the misguided or deluded persons engaged in them and
+highly injurious to those in whose behalf they are professed to have
+been undertaken. The authorities in Canada, from intelligence received
+of such intended movements among our citizens, have felt themselves
+obliged to take precautionary measures against them; have actually
+embodied the militia and assumed an attitude to repel the invasion to
+which they believed the colonies were exposed from the United States.
+A state of feeling on both sides of the frontier has thus been produced
+which called for prompt and vigorous interference. If an insurrection
+existed in Canada, the amicable dispositions of the United States toward
+Great Britain, as well as their duty to themselves, would lead them to
+maintain a strict neutrality and to restrain their citizens from all
+violations of the laws which have been passed for its enforcement. But
+this Government recognizes a still higher obligation to repress all
+attempts on the part of its citizens to disturb the peace of a country
+where order prevails or has been reestablished. Depredations by our
+citizens upon nations at peace with the United States, or combinations
+for committing them, have at all times been regarded by the American
+Government and people with the greatest abhorrence. Military incursions
+by our citizens into countries so situated, and the commission of acts
+of violence on the members thereof, in order to effect a change in their
+government, or under any pretext whatever, have from the commencement of
+our Government been held equally criminal on the part of those engaged
+in them, and as much deserving of punishment as would be the disturbance
+of the public peace by the perpetration of similar acts within our own
+territory.
+
+By no country or persons have these invaluable principles of
+international law--principles the strict observance of which is so
+indispensable to the preservation of social order in the world--been
+more earnestly cherished or sacredly respected than by those great and
+good men who first declared and finally established the independence
+of our own country. They promulgated and maintained them at an early
+and critical period in our history; they were subsequently embodied
+in legislative enactments of a highly penal character, the faithful
+enforcement of which has hitherto been, and will, I trust, always
+continue to be, regarded as a duty inseparably associated with the
+maintenance of our national honor. That the people of the United States
+should feel an interest in the spread of political institutions as
+free as they regard their own to be is natural, nor can a sincere
+solicitude for the success of all those who are at any time in good
+faith struggling for their acquisition be imputed to our citizens as a
+crime. With the entire freedom of opinion and an undisguised expression
+thereof on their part the Government has neither the right nor, I trust,
+the disposition to interfere. But whether the interest or the honor of
+the United States requires that they should be made a party to any such
+struggle, and by inevitable consequence to the war which is waged in
+its support, is a question which by our Constitution is wisely left to
+Congress alone to decide. It is by the laws already made criminal in
+our citizens to embarrass or anticipate that decision by unauthorized
+military operations on their part. Offenses of this character, in
+addition to their criminality as violations of the laws of our country,
+have a direct tendency to draw down upon our own citizens at large the
+multiplied evils of a foreign war and expose to injurious imputations
+the good faith and honor of the country. As such they deserve to be
+put down with promptitude and decision. I can not be mistaken, I am
+confident, in counting on the cordial and general concurrence of our
+fellow-citizens in this sentiment. A copy of the proclamation which
+I have felt it my duty to issue is herewith communicated. I can not but
+hope that the good sense and patriotism, the regard for the honor and
+reputation of their country, the respect for the laws which they have
+themselves enacted for their own government, and the love of order
+for which the mass of our people have been so long and so justly
+distinguished will deter the comparatively few who are engaged in
+them from a further prosecution of such desperate enterprises. In the
+meantime the existing laws have been and will continue to be faithfully
+executed, and every effort will be made to carry them out in their full
+extent. Whether they are sufficient or not to meet the actual state of
+things on the Canadian frontier it is for Congress to decide.
+
+It will appear from the correspondence herewith submitted that the
+Government of Russia declines a renewal of the fourth article of the
+convention of April, 1824, between the United States and His Imperial
+Majesty, by the third article of which it is agreed that "hereafter
+there shall not be formed by the citizens of the United States or under
+the authority of the said States any establishment upon the northwest
+coast of America, nor in any of the islands adjacent, to the north of
+54 deg. 40' of north latitude, and that in the same manner there shall be
+none formed by Russian subjects or under the authority of Russia south
+of the same parallel;" and by the fourth article, "that during a term of
+ten years, counting from the signature of the present convention, the
+ships of both powers, or which belong to their citizens or subjects,
+respectively, may reciprocally frequent, without any hindrance whatever,
+the interior seas, gulfs, harbors, and creeks upon the coast mentioned
+in the preceding article, for the purpose of fishing and trading with
+the natives of the country." The reasons assigned for declining to renew
+the provisions of this article are, briefly, that the only use made by
+our citizens of the privileges it secures to them has been to supply
+the Indians with spirituous liquors, ammunition, and firearms; that
+this traffic has been excluded from the Russian trade; and as the
+supplies furnished from the United States are injurious to the Russian
+establishments on the northwest coast and calculated to produce
+complaints between the two Governments, His Imperial Majesty thinks
+it for the interest of both countries not to accede to the proposition
+made by the American Government for the renewal of the article last
+referred to.
+
+The correspondence herewith communicated will show the grounds
+upon which we contend that the citizens of the United States have,
+independent of the provisions of the convention of 1824, a right to
+trade with the natives upon the coast in question at unoccupied places,
+liable, however, it is admitted, to be at any time extinguished by the
+creation of Russian establishments at such points. This right is denied
+by the Russian Government, which asserts that by the operation of the
+treaty of 1824 each party agreed to waive the general right to land on
+the vacant coasts on the respective sides of the degree of latitude
+referred to, and accepted in lieu thereof the mutual privileges
+mentioned in the fourth article. The capital and tonnage employed by
+our citizens in their trade with the northwest coast of America will,
+perhaps, on adverting to the official statements of the commerce and
+navigation of the United States for the last few years, be deemed too
+inconsiderable in amount to attract much attention; yet the subject
+may in other respects deserve the careful consideration of Congress.
+
+I regret to state that the blockade of the principal ports on the
+eastern coast of Mexico, which, in consequence of differences between
+that Republic and France, was instituted in May last, unfortunately
+still continues, enforced by a competent French naval armament, and is
+necessarily embarrassing to our own trade in the Gulf, in common with
+that of other nations. Every disposition, however, is believed to exist
+on the part of the French Government to render this measure as little
+onerous as practicable to the interests of the citizens of the United
+States and to those of neutral commerce, and it is to be hoped that an
+early settlement of the difficulties between France and Mexico will soon
+reestablish the harmonious relations formerly subsisting between them
+and again open the ports of that Republic to the vessels of all friendly
+nations.
+
+A convention for marking that part of the boundary between the United
+States and the Republic of Texas which extends from the mouth of the
+Sabine to the Red River was concluded and signed at this city on the
+25th of April last. It has since been ratified by both Governments, and
+seasonable measures will be taken to carry it into effect on the part of
+the United States.
+
+The application of that Republic for admission into this Union, made in
+August, 1837, and which was declined for reasons already made known to
+you, has been formally withdrawn, as will appear from the accompanying
+copy of the note of the minister plenipotentiary of Texas, which was
+presented to the Secretary of State on the occasion of the exchange of
+the ratifications of the convention above mentioned.
+
+Copies of the convention with Texas, of a commercial treaty concluded
+with the King of Greece, and of a similar treaty with the Peru-Bolivian
+Confederation, the ratifications of which have been recently exchanged,
+accompany this message, for the information of Congress and for such
+legislative enactments as may be found necessary or expedient in
+relation to either of them.
+
+To watch over and foster the interests of a gradually increasing and
+widely extended commerce, to guard the rights of American citizens whom
+business or pleasure or other motives may tempt into distant climes,
+and at the same time to cultivate those sentiments of mutual respect and
+good will which experience has proved so beneficial in international
+intercourse, the Government of the United States has deemed it expedient
+from time to time to establish diplomatic connections with different
+foreign states, by the appointment of representatives to reside within
+their respective territories. I am gratified to be enabled to announce
+to you that since the close of your last session these relations have
+been opened under the happiest auspices with Austria and the Two
+Sicilies, that new nominations have been made in the respective missions
+of Russia, Brazil, Belgium, and Sweden and Norway in this country, and
+that a minister extraordinary has been received, accredited to this
+Government, from the Argentine Confederation.
+
+An exposition of the fiscal affairs of the Government and of their
+condition for the past year will be made to you by the Secretary of
+the Treasury.
+
+The available balance in the Treasury on the 1st of January next is
+estimated at $2,765,342. The receipts of the year from customs and lands
+will probably amount to $20,615,598. These usual sources of revenue
+have been increased by an issue of Treasury notes, of which less than
+$8,000,000, including interest and principal, will be outstanding at the
+end of the year, and by the sale of one of the bonds of the Bank of the
+United States for $2,254,871. The aggregate of means from these and
+other sources, with the balance on hand on the 1st of January last, has
+been applied to the payment of appropriations by Congress. The whole
+expenditure for the year on their account, including the redemption of
+more than eight millions of Treasury notes, constitutes an aggregate
+of about $40,000,000, and will still leave in the Treasury the balance
+before stated.
+
+Nearly $8,000,000 of Treasury notes are to be paid during the coming
+year in addition to the ordinary appropriations for the support of
+Government. For both these purposes the resources of the Treasury will
+undoubtedly be sufficient if the charges upon it are not increased
+beyond the annual estimates. No excess, however, is likely to exist. Nor
+can the postponed installment of the surplus revenue be deposited with
+the States nor any considerable appropriations beyond the estimates be
+made without causing a deficiency in the Treasury. The great caution,
+advisable at all times, of limiting appropriations to the wants of the
+public service is rendered necessary at present by the prospective and
+rapid reduction of the tariff, while the vigilant jealousy evidently
+excited among the people by the occurrences of the last few years
+assures us that they expect from their representatives, and will sustain
+them in the exercise of, the most rigid economy. Much can be effected
+by postponing appropriations not immediately required for the ordinary
+public service or for any pressing emergency, and much by reducing the
+expenditures where the entire and immediate accomplishment of the
+objects in view is not indispensable.
+
+When we call to mind the recent and extreme embarrassments produced by
+excessive issues of bank paper, aggravated by the unforeseen withdrawal
+of much foreign capital and the inevitable derangement arising from the
+distribution of the surplus revenue among the States as required by
+Congress, and consider the heavy expenses incurred by the removal of
+Indian tribes, by the military operations in Florida, and on account of
+the unusually large appropriations made at the last two annual sessions
+of Congress for other objects, we have striking evidence in the present
+efficient state of our finances of the abundant resources of the country
+to fulfill all its obligations. Nor is it less gratifying to find that
+the general business of the community, deeply affected as it has been,
+is reviving with additional vigor, chastened by the lessons of the
+past and animated by the hopes of the future. By the curtailment
+of paper issues, by curbing the sanguine and adventurous spirit of
+speculation, and by the honorable application of all available means to
+the fulfillment of obligations, confidence has been restored both at
+home and abroad, and ease and facility secured to all the operations
+of trade.
+
+The agency of the Government in producing these results has been as
+efficient as its powers and means permitted. By withholding from the
+States the deposit of the fourth installment, and leaving several
+millions at long credits with the banks, principally in one section of
+the country, and more immediately beneficial to it, and at the same
+time aiding the banks and commercial communities in other sections by
+postponing the payment of bonds for duties to the amount of between four
+and five millions of dollars; by an issue of Treasury notes as a means
+to enable the Government to meet the consequences of their indulgences,
+but affording at the same time facilities for remittance and exchange;
+and by steadily declining to employ as general depositories of the
+public revenues, or receive the notes of, all banks which refused to
+redeem them with specie--by these measures, aided by the favorable
+action of some of the banks and by the support and cooperation of a
+large portion of the community, we have witnessed an early resumption
+of specie payments in our great commercial capital, promptly followed
+in almost every part of the United States. This result has been
+alike salutary to the true interests of agriculture, commerce, and
+manufactures; to public morals, respect for the laws, and that
+confidence between man and man which is so essential in all our
+social relations.
+
+The contrast between the suspension of 1814 and that of 1837 is most
+striking. The short duration of the latter, the prompt restoration
+of business, the evident benefits resulting from an adherence by
+the Government to the constitutional standard of value instead of
+sanctioning the suspension by the receipt of irredeemable paper, and the
+advantages derived from the large amount of specie introduced into the
+country previous to 1837 afford a valuable illustration of the true
+policy of the Government in such a crisis. Nor can the comparison fail
+to remove the impression that a national bank is necessary in such
+emergencies. Not only were specie payments resumed without its aid, but
+exchanges have also been more rapidly restored than when it existed,
+thereby showing that private capital, enterprise, and prudence are fully
+adequate to these ends. On all these points experience seems to have
+confirmed the views heretofore submitted to Congress. We have been
+saved the mortification of seeing the distresses of the community for
+the third time seized on to fasten upon the country so dangerous an
+institution, and we may also hope that the business of individuals
+will hereafter be relieved from the injurious effects of a continued
+agitation of that disturbing subject. The limited influence of a
+national bank in averting derangement in the exchanges of the country
+or in compelling the resumption of specie payments is now not less
+apparent than its tendency to increase inordinate speculation by sudden
+expansions and contractions; its disposition to create panic and
+embarrassment for the promotion of its own designs; its interference
+with politics, and its far greater power for evil than for good, either
+in regard to the local institutions or the operations of Government
+itself. What was in these respects but apprehension or opinion when a
+national bank was first established now stands confirmed by humiliating
+experience. The scenes through which we have passed conclusively prove
+how little our commerce, agriculture, manufactures, or finances require
+such an institution, and what dangers are attendant on its power--a
+power, I trust, never to be conferred by the American people upon their
+Government, and still less upon individuals not responsible to them for
+its unavoidable abuses.
+
+My conviction of the necessity of further legislative provisions for
+the safe-keeping and disbursement of the public moneys and my opinion
+in regard to the measures best adapted to the accomplishment of those
+objects have been already submitted to you. These have been strengthened
+by recent events, and in the full conviction that time and experience
+must still further demonstrate their propriety I feel it my duty, with
+respectful deference to the conflicting views of others, again to invite
+your attention to them.
+
+With the exception of limited sums deposited in the few banks still
+employed under the act of 1836, the amounts received for duties, and,
+with very inconsiderable exceptions, those accruing from lands also,
+have since the general suspension of specie payments by the deposit
+banks been kept and disbursed by the Treasurer under his general legal
+powers, subject to the superintendence of the Secretary of the Treasury.
+The propriety of defining more specifically and of regulating by law the
+exercise of this wide scope of Executive discretion has been already
+submitted to Congress.
+
+A change in the office of collector at one of our principal ports has
+brought to light a defalcation of the gravest character, the particulars
+of which will be laid before you in a special report from the Secretary
+of the Treasury. By his report and the accompanying documents it will
+be seen that the weekly returns of the defaulting officer apparently
+exhibited throughout a faithful administration of the affairs intrusted
+to his management. It, however, now appears that he commenced
+abstracting the public moneys shortly after his appointment and
+continued to do so, progressively increasing the amount, for the term
+of more than seven years, embracing a portion of the period during which
+the public moneys were deposited in the Bank of the United States, the
+whole of that of the State bank deposit system, and concluding only on
+his retirement from office, after that system had substantially failed
+in consequence of the suspension of specie payments.
+
+The way in which this defalcation was so long concealed and the steps
+taken to indemnify the United States, as far as practicable, against
+loss will also be presented to you. The case is one which imperatively
+claims the attention of Congress and furnishes the strongest motive
+for the establishment of a more severe and secure system for the
+safe-keeping and disbursement of the public moneys than any that has
+heretofore existed.
+
+It seems proper, at all events, that by an early enactment similar to
+that of other countries the application of public money by an officer
+of Government to private uses should be made a felony and visited with
+severe and ignominious punishment. This is already in effect the law
+in respect to the Mint, and has been productive of the most salutary
+results. Whatever system is adopted, such an enactment would be wise as
+an independent measure, since much of the public moneys must in their
+collection and ultimate disbursement pass twice through the hands of
+public officers, in whatever manner they are intermediately kept.
+The Government, it must be admitted, has been from its commencement
+comparatively fortunate in this respect. But the appointing power can
+not always be well advised in its selections, and the experience of
+every country has shown that public officers are not at all times proof
+against temptation. It is a duty, therefore, which the Government
+owes, as well to the interests committed to its care as to the officers
+themselves, to provide every guard against transgressions of this
+character that is consistent with reason and humanity. Congress can not
+be too jealous of the conduct of those who are intrusted with the public
+money, and I shall at all times be disposed to encourage a watchful
+discharge of this duty.
+
+If a more direct cooperation on the part of Congress in the
+supervision of the conduct of the officers intrusted with the custody
+and application of the public money is deemed desirable, it will
+give me pleasure to assist in the establishment of any judicious and
+constitutional plan by which that object may be accomplished. You will
+in your wisdom determine upon the propriety of adopting such a plan and
+upon the measures necessary to its effectual execution. When the late
+Bank of the United States was incorporated and made the depository of
+the public moneys, a right was reserved to Congress to inspect at its
+pleasure, by a committee of that body, the books and the proceedings of
+the bank. In one of the States, whose banking institutions are supposed
+to rank amongst the first in point of stability, they are subjected to
+constant examination by commissioners appointed for that purpose, and
+much of the success of its banking system is attributed to this watchful
+supervision.
+
+The same course has also, in view of its beneficial operation, been
+adopted by an adjoining State, favorably known for the care it has
+always bestowed upon whatever relates to its financial concerns.
+I submit to your consideration whether a committee of Congress might
+not be profitably employed in inspecting, at such intervals as might
+be deemed proper, the affairs and accounts of officers intrusted with
+the custody of the public moneys. The frequent performance of this duty
+might be made obligatory on the committee in respect to those officers
+who have large sums in their possession, and left discretionary in
+respect to others. They might report to the Executive such defalcations
+as were found to exist, with a view to a prompt removal from office
+unless the default was satisfactorily accounted for, and report also
+to Congress, at the commencement of each session, the result of
+their examinations and proceedings. It does appear to me that with a
+subjection of this class of public officers to the general supervision
+of the Executive, to examinations by a committee of Congress at periods
+of which they should have no previous notice, and to prosecution and
+punishment as for felony for every breach of trust, the safe-keeping
+of the public moneys might under the system proposed be placed on a
+surer foundation than it has ever occupied since the establishment
+of the Government.
+
+The Secretary of the Treasury will lay before you additional information
+containing new details on this interesting subject. To these I ask your
+early attention. That it should have given rise to great diversity of
+opinion can not be a subject of surprise. After the collection and
+custody of the public moneys had been for so many years connected with
+and made subsidiary to the advancement of private interests, a return
+to the simple self-denying ordinances of the Constitution could not but
+be difficult. But time and free discussion, eliciting the sentiments
+of the people, and aided by that conciliatory spirit which has ever
+characterized their course on great emergencies, were relied upon for a
+satisfactory settlement of the question. Already has this anticipation,
+on one important point at least--the impropriety of diverting public
+money to private purposes--been fully realized. There is no reason to
+suppose that legislation upon that branch of the subject would now be
+embarrassed by a difference of opinion, or fail to receive the cordial
+support of a large majority of our constituents.
+
+The connection which formerly existed between the Government and banks
+was in reality injurious to both, as well as to the general interests
+of the community at large. It aggravated the disasters of trade and
+the derangements of commercial intercourse, and administered new
+excitements and additional means to wild and reckless speculations, the
+disappointment of which threw the country into convulsions of panic, and
+all but produced violence and bloodshed. The imprudent expansion of bank
+credits, which was the natural result of the command of the revenues
+of the State, furnished the resources for unbounded license in every
+species of adventure, seduced industry from its regular and salutary
+occupations by the hope of abundance without labor, and deranged the
+social state by tempting all trades and professions into the vortex
+of speculation on remote contingencies.
+
+The same wide-spreading influence impeded also the resources of the
+Government, curtailed its useful operations, embarrassed the fulfillment
+of its obligations, and seriously interfered with the execution of
+the laws. Large appropriations and oppressive taxes are the natural
+consequences of such a connection, since they increase the profits
+of those who are allowed to use the public funds, and make it their
+interest that money should be accumulated and expenditures multiplied.
+It is thus that a concentrated money power is tempted to become an
+active agent in political affairs; and all past experience has shown
+on which side that influence will be arrayed. We deceive ourselves if
+we suppose that it will ever be found asserting and supporting the
+rights of the community at large in opposition to the claims of the few.
+
+In a government whose distinguishing characteristic should be a
+diffusion and equalization of its benefits and burdens the advantage of
+individuals will be augmented at the expense of the community at large.
+Nor is it the nature of combinations for the acquisition of legislative
+influence to confine their interference to the single object for which
+they were originally formed. The temptation to extend it to other
+matters is, on the contrary, not unfrequently too strong to be resisted.
+The rightful influence in the direction of public affairs of the mass
+of the people is therefore in no slight danger of being sensibly and
+injuriously affected by giving to a comparatively small but very
+efficient class a direct and exclusive personal interest in so important
+a portion of the legislation of Congress as that which relates to the
+custody of the public moneys. If laws acting upon private interests can
+not always be avoided, they should be confined within the narrowest
+limits, and left wherever possible to the legislatures of the States.
+When not thus restricted they lead to combinations of powerful
+associations, foster an influence necessarily selfish, and turn the
+fair course of legislation to sinister ends rather than to objects
+that advance public liberty and promote the general good.
+
+The whole subject now rests with you, and I can not but express a hope
+that some definite measure will be adopted at the present session.
+
+It will not, I am sure, be deemed out of place for me here to remark
+that the declaration of my views in opposition to the policy of
+employing banks as depositories of the Government funds can not justly
+be construed as indicative of hostility, official or personal, to those
+institutions; or to repeat in this form and in connection with this
+subject opinions which I have uniformly entertained and on all proper
+occasions expressed. Though always opposed to their creation in the
+form of exclusive privileges, and, as a State magistrate, aiming by
+appropriate legislation to secure the community against the consequences
+of their occasional mismanagement, I have yet ever wished to see them
+protected in the exercise of rights conferred by law, and have never
+doubted their utility when properly managed in promoting the interests
+of trade, and through that channel the other interests of the community.
+To the General Government they present themselves merely as State
+institutions, having no necessary connection with its legislation or its
+administration. Like other State establishments, they may be used or not
+in conducting the affairs of the Government, as public policy and the
+general interests of the Union may seem to require. The only safe or
+proper principle upon which their intercourse with the Government can
+be regulated is that which regulates their intercourse with the private
+citizen--the conferring of mutual benefits. When the Government can
+accomplish a financial operation better with the aid of the banks than
+without it, it should be at liberty to seek that aid as it would the
+services of a private banker or other capitalist or agent, giving the
+preference to those who will serve it on the best terms. Nor can there
+ever exist an interest in the officers of the General Government, as
+such, inducing them to embarrass or annoy the State banks any more than
+to incur the hostility of any other class of State institutions or of
+private citizens. It is not in the nature of things that hostility to
+these institutions can spring from this source, or any opposition to
+their course of business, except when they themselves depart from the
+objects of their creation and attempt to usurp powers not conferred
+upon them or to subvert the standard of value established by the
+Constitution. While opposition to their regular operations can not
+exist in this quarter, resistance to any attempt to make the Government
+dependent upon them for the successful administration of public affairs
+is a matter of duty, as I trust it ever will be of inclination, no
+matter from what motive or consideration the attempt may originate.
+
+It is no more than just to the banks to say that in the late
+emergency most of them firmly resisted the strongest temptations to
+extend their paper issues when apparently sustained in a suspension of
+specie payments by public opinion, even though in some cases invited
+by legislative enactments. To this honorable course, aided by the
+resistance of the General Government, acting in obedience to the
+Constitution and laws of the United States, to the introduction of
+an irredeemable paper medium, may be attributed in a great degree the
+speedy restoration of our currency to a sound state and the business
+of the country to its wonted prosperity.
+
+The banks have but to continue in the same safe course and be content
+in their appropriate sphere to avoid all interference from the General
+Government and to derive from it all the protection and benefits which
+it bestows on other State establishments, on the people of the States,
+and on the States themselves. In this, their true position, they can
+not but secure the confidence and good will of the people and the
+Government, which they can only lose when, leaping from their legitimate
+sphere, they attempt to control the legislation of the country and
+pervert the operations of the Government to their own purposes.
+
+Our experience under the act, passed at the last session, to grant
+preemption rights to settlers on the public lands has as yet been too
+limited to enable us to pronounce with safety upon the efficacy of its
+provisions to carry out the wise and liberal policy of the Government in
+that respect. There is, however, the best reason to anticipate favorable
+results from its operation. The recommendations formerly submitted to
+you in respect to a graduation of the price of the public lands remain
+to be finally acted upon. Having found no reason to change the views
+then expressed, your attention to them is again respectfully requested.
+
+Every proper exertion has been made and will be continued to carry out
+the wishes of Congress in relation to the tobacco trade, as indicated
+in the several resolutions of the House of Representatives and the
+legislation of the two branches. A favorable impression has, I trust,
+been made in the different foreign countries to which particular
+attention has been directed; and although we can not hope for an early
+change in their policy, as in many of them a convenient and large
+revenue is derived from monopolies in the fabrication and sale of this
+article, yet, as these monopolies are really injurious to the people
+where they are established, and the revenue derived from them may be
+less injuriously and with equal facility obtained from another and a
+liberal system of administration, we can not doubt that our efforts
+will be eventually crowned with success if persisted in with temperate
+firmness and sustained by prudent legislation.
+
+In recommending to Congress the adoption of the necessary provisions
+at this session for taking the next census or enumeration of the
+inhabitants of the United States, the suggestion presents itself whether
+the scope of the measure might not be usefully extended by causing it to
+embrace authentic statistical returns of the great interests specially
+intrusted to or necessarily affected by the legislation of Congress.
+
+The accompanying report of the Secretary of War presents a satisfactory
+account of the state of the Army and of the several branches of the
+public service confided to the superintendence of that officer.
+
+The law increasing and organizing the military establishment of the
+United States has been nearly carried into effect, and the Army has
+been extensively and usefully employed during the past season.
+
+I would again call to your notice the subjects connected with
+and essential to the military defenses of the country which were
+submitted to you at the last session, but which were not acted upon,
+as is supposed, for want of time. The most important of them is the
+organization of the militia on the maritime and inland frontiers. This
+measure is deemed important, as it is believed that it will furnish an
+effective volunteer force in aid of the Regular Army, and may form the
+basis of a general system of organization for the entire militia of
+the United States. The erection of a national foundry and gunpowder
+manufactory, and one for making small arms, the latter to be situated
+at some point west of the Allegany Mountains, all appear to be of
+sufficient importance to be again urged upon your attention.
+
+The plan proposed by the Secretary of War for the distribution of the
+forces of the United States in time of peace is well calculated to
+promote regularity and economy in the fiscal administration of the
+service, to preserve the discipline of the troops, and to render them
+available for the maintenance of the peace and tranquillity of the
+country. With this view, likewise, I recommend the adoption of the plan
+presented by that officer for the defense of the western frontier. The
+preservation of the lives and property of our fellow-citizens who are
+settled upon that border country, as well as the existence of the Indian
+population, which might be tempted by our want of preparation to rush
+on their own destruction and attack the white settlements, all seem to
+require that this subject should be acted upon without delay, and the
+War Department authorized to place that country in a state of complete
+defense against any assault from the numerous and warlike tribes which
+are congregated on that border.
+
+It affords me sincere pleasure to be able to apprise you of the entire
+removal of the Cherokee Nation of Indians to their new homes west of the
+Mississippi. The measures authorized by Congress at its last session,
+with a view to the long-standing controversy with them, have had the
+happiest effects. By an agreement concluded with them by the commanding
+general in that country, who has performed the duties assigned to him
+on the occasion with commendable energy and humanity, their removal has
+been principally under the conduct of their own chiefs, and they have
+emigrated without any apparent reluctance.
+
+The successful accomplishment of this important object, the removal
+also of the entire Creek Nation with the exception of a small number
+of fugitives amongst the Seminoles in Florida, the progress already
+made toward a speedy completion of the removal of the Chickasaws, the
+Choctaws, the Pottawatamies, the Ottawas, and the Chippewas, with the
+extensive purchases of Indian lands during the present year, have
+rendered the speedy and successful result of the long-established policy
+of the Government upon the subject of Indian affairs entirely certain.
+The occasion is therefore deemed a proper one to place this policy in
+such a point of view as will exonerate the Government of the United
+States from the undeserved reproach which has been cast upon it through
+several successive Administrations. That a mixed occupancy of the same
+territory by the white and red man is incompatible with the safety
+or happiness of either is a position in respect to which there has
+long since ceased to be room for a difference of opinion. Reason and
+experience have alike demonstrated its impracticability. The bitter
+fruits of every attempt heretofore to overcome the barriers interposed
+by nature have only been destruction, both physical and moral, to the
+Indian, dangerous conflicts of authority between the Federal and State
+Governments, and detriment to the individual prosperity of the citizen
+as well as to the general improvement of the country. The remedial
+policy, the principles of which were settled more than thirty years ago
+under the Administration of Mr. Jefferson, consists in an extinction,
+for a fair consideration, of the title to all the lands still occupied
+by the Indians within the States and Territories of the United States;
+their removal to a country west of the Mississippi much more extensive
+and better adapted to their condition than that on which they then
+resided; the guarantee to them by the United States of their exclusive
+possession of that country forever, exempt from all intrusions by white
+men, with ample provisions for their security against external violence
+and internal dissensions, and the extension to them of suitable
+facilities for their advancement in civilization. This has not been the
+policy of particular Administrations only, but of each in succession
+since the first attempt to carry it out under that of Mr. Monroe. All
+have labored for its accomplishment, only with different degrees of
+success. The manner of its execution has, it is true, from time to
+time given rise to conflicts of opinion and unjust imputations; but in
+respect to the wisdom and necessity of the policy itself there has not
+from the beginning existed a doubt in the mind of any calm, judicious,
+disinterested friend of the Indian race accustomed to reflection and
+enlightened by experience.
+
+Occupying the double character of contractor on its own account and
+guardian for the parties contracted with, it was hardly to be expected
+that the dealings of the Federal Government with the Indian tribes would
+escape misrepresentation. That there occurred in the early settlement of
+this country, as in all others where the civilized race has succeeded to
+the possessions of the savage, instances of oppression and fraud on the
+part of the former there is too much reason to believe. No such offenses
+can, however, be justly charged upon this Government since it became
+free to pursue its own course. Its dealings with the Indian tribes
+have been just and friendly throughout; its efforts for their
+civilization constant, and directed by the best feelings of humanity;
+its watchfulness in protecting them from individual frauds unremitting;
+its forbearance under the keenest provocations, the deepest injuries,
+and the most flagrant outrages may challenge at least a comparison with
+any nation, ancient or modern, in similar circumstances; and if in
+future times a powerful, civilized, and happy nation of Indians shall
+be found to exist within the limits of this northern continent it will
+be owing to the consummation of that policy which has been so unjustly
+assailed. Only a very brief reference to facts in confirmation of this
+assertion can in this form be given, and you are therefore necessarily
+referred to the report of the Secretary of War for further details.
+To the Cherokees, whose case has perhaps excited the greatest share of
+attention and sympathy, the United States have granted in fee, with a
+perpetual guaranty of exclusive and peaceable possession, 13,554,135
+acres of land on the west side of the Mississippi, eligibly situated, in
+a healthy climate, and in all respects better suited to their condition
+than the country they have left, in exchange for only 9,492,160 acres
+on the east side of the same river. The United States have in addition
+stipulated to pay them $5,600,000 for their interest in and improvements
+on the lands thus relinquished, and $1,160,000 for subsistence and other
+beneficial purposes, thereby putting it in their power to become one of
+the most wealthy and independent separate communities of the same extent
+in the world.
+
+By the treaties made and ratified with the Miamies, the Chippewas, the
+Sioux, the Sacs and Foxes, and the Winnebagoes during the last year the
+Indian title to 18,458,000 acres has been extinguished. These purchases
+have been much more extensive than those of any previous year, and have,
+with other Indian expenses, borne very heavily upon the Treasury. They
+leave, however, but a small quantity of unbought Indian lands within the
+States and Territories, and the Legislature and Executive were equally
+sensible of the propriety of a final and more speedy extinction of
+Indian titles within those limits. The treaties, which were with a
+single exception made in pursuance of previous appropriations for
+defraying the expenses, have subsequently been ratified by the Senate,
+and received the sanction of Congress by the appropriations necessary
+to carry them into effect. Of the terms upon which these important
+negotiations were concluded I can speak from direct knowledge, and
+I feel no difficulty in affirming that the interest of the Indians in
+the extensive territory embraced by them is to be paid for at its fair
+value, and that no more favorable terms have been granted to the United
+States than would have been reasonably expected in a negotiation with
+civilized men fully capable of appreciating and protecting their own
+rights. For the Indian title to 116,349,897 acres acquired since the
+4th of March, 1829, the United States have paid $72,560,056 in permanent
+annuities, lands, reservations for Indians, expenses of removal and
+subsistence, merchandise, mechanical and agricultural establishments and
+implements. When the heavy expenses incurred by the United States and
+the circumstance that so large a portion of the entire territory will be
+forever unsalable are considered, and this price is compared with that
+for which the United States sell their own lands, no one can doubt that
+justice has been done to the Indians in these purchases also. Certain
+it is that the transactions of the Federal Government with the Indians
+have been uniformly characterized by a sincere and paramount desire
+to promote their welfare; and it must be a source of the highest
+gratification to every friend to justice and humanity to learn that
+notwithstanding the obstructions from time to time thrown in its way and
+the difficulties which have arisen from the peculiar and impracticable
+nature of the Indian character, the wise, humane, and undeviating policy
+of the Government in this the most difficult of all our relations,
+foreign or domestic, has at length been justified to the world in its
+near approach to a happy and certain consummation.
+
+The condition of the tribes which occupy the country set apart for them
+in the West is highly prosperous, and encourages the hope of their early
+civilization. They have for the most part abandoned the hunter state and
+turned their attention to agricultural pursuits. All those who have been
+established for any length of time in that fertile region maintain
+themselves by their own industry. There are among them traders of no
+inconsiderable capital, and planters exporting cotton to some extent,
+but the greater number are small agriculturists, living in comfort upon
+the produce of their farms. The recent emigrants, although they have in
+some instances removed reluctantly, have readily acquiesced in their
+unavoidable destiny. They have found at once a recompense for past
+sufferings and an incentive to industrious habits in the abundance and
+comforts around them. There is reason to believe that all these tribes
+are friendly in their feelings toward the United States; and it is to
+be hoped that the acquisition of individual wealth, the pursuits of
+agriculture, and habits of industry will gradually subdue their warlike
+propensities and incline them to maintain peace among themselves. To
+effect this desirable object the attention of Congress is solicited
+to the measures recommended by the Secretary of War for their future
+government and protection, as well from each other as from the hostility
+of the warlike tribes around them and the intrusions of the whites. The
+policy of the Government has given them a permanent home and guaranteed
+to them its peaceful and undisturbed possession. It only remains to give
+them a government and laws which will encourage industry and secure
+to them the rewards of their exertions. The importance of some form
+of government can not be too much insisted upon. The earliest effects
+will be to diminish the causes and occasions for hostilities among
+the tribes, to inspire an interest in the observance of laws to which
+they will have themselves assented, and to multiply the securities of
+property and the motives for self-improvement. Intimately connected with
+this subject is the establishment of the military defenses recommended
+by the Secretary of War, which have been already referred to. Without
+them the Government will be powerless to redeem its pledge of protection
+to the emigrating Indians against the numerous warlike tribes that
+surround them and to provide for the safety of the frontier settlers
+of the bordering States.
+
+The case of the Seminoles constitutes at present the only exception to
+the successful efforts of the Government to remove the Indians to the
+homes assigned them west of the Mississippi. Four hundred of this tribe
+emigrated in 1836 and 1,500 in 1837 and 1838, leaving in the country,
+it is supposed, about 2,000 Indians. The continued treacherous conduct
+of these people; the savage and unprovoked murders they have lately
+committed, butchering whole families of the settlers of the Territory
+without distinction of age or sex, and making their way into the very
+center and heart of the country, so that no part of it is free from
+their ravages; their frequent attacks on the light-houses along that
+dangerous coast, and the barbarity with which they have murdered the
+passengers and crews of such vessels as have been wrecked upon the reefs
+and keys which border the Gulf, leave the Government no alternative but
+to continue the military operations against them until they are totally
+expelled from Florida. There are other motives which would urge the
+Government to pursue this course toward the Seminoles. The United
+States have fulfilled in good faith all their treaty stipulations with
+the Indian tribes, and have in every other instance insisted upon a
+like performance of their obligations. To relax from this salutary
+rule because the Seminoles have maintained themselves so long in the
+territory they had relinquished, and in defiance of their frequent and
+solemn engagements still continue to wage a ruthless war against the
+United States, would not only evince a want of constancy on our part,
+but be of evil example in our intercourse with other tribes. Experience
+has shown that but little is to be gained by the march of armies through
+a country so intersected with inaccessible swamps and marshes, and
+which, from the fatal character of the climate, must be abandoned at the
+end of the winter. I recommend, therefore, to your attention the plan
+submitted by the Secretary of War in the accompanying report, for the
+permanent occupation of the portion of the Territory freed from the
+Indians and the more efficient protection of the people of Florida from
+their inhuman warfare.
+
+From the report of the Secretary of the Navy herewith transmitted it
+will appear that a large portion of the disposable naval force is either
+actively employed or in a state of preparation for the purposes of
+experience and discipline and the protection of our commerce. So
+effectual has been this protection that so far as the information of
+Government extends not a single outrage has been attempted on a vessel
+carrying the flag of the United States within the present year, in any
+quarter, however distant or exposed.
+
+The exploring expedition sailed from Norfolk on the 19th of August last,
+and information has been received of its safe arrival at the island of
+Madeira. The best spirit animates the officers and crews, and there is
+every reason to anticipate from its efforts results beneficial to
+commerce and honorable to the nation.
+
+It will also be seen that no reduction of the force now in commission is
+contemplated. The unsettled state of a portion of South America renders
+it indispensable that our commerce should receive protection in that
+quarter; the vast and increasing interests embarked in the trade of the
+Indian and China seas, in the whale fisheries of the Pacific Ocean, and
+in the Gulf of Mexico require equal attention to their safety, and a
+small squadron may be employed to great advantage on our Atlantic coast
+in meeting sudden demands for the reenforcement of other stations, in
+aiding merchant vessels in distress, in affording active service to an
+additional number of officers, and in visiting the different ports of
+the United States, an accurate knowledge of which is obviously of the
+highest importance.
+
+The attention of Congress is respectfully called to that portion of the
+report recommending an increase in the number of smaller vessels, and
+to other suggestions contained in that document. The rapid increase and
+wide expansion of our commerce, which is every day seeking new avenues
+of profitable adventure; the absolute necessity of a naval force for its
+protection precisely in the degree of its extension; a due regard to the
+national rights and honor; the recollection of its former exploits, and
+the anticipation of its future triumphs whenever opportunity presents
+itself, which we may rightfully indulge from the experience of the
+past--all seem to point to the Navy as a most efficient arm of our
+national defense and a proper object of legislative encouragement.
+
+The progress and condition of the Post-Office Department will be seen
+by reference to the report of the Postmaster-General. The extent of
+post-roads covered by mail contracts is stated to be 134,818 miles,
+and the annual transportation upon them 34,580,202 miles. The number
+of post-offices in the United States is 12,553, and rapidly increasing.
+The gross revenue for the year ending on the 30th day of June last
+was $4,262,145; the accruing expenditures, $4,680,068; excess of
+expenditures, $417,923. This has been made up out of the surplus
+previously on hand. The cash on hand on the 1st instant was $314,068.
+The revenue for the year ending June 30, 1838, was $161,540 more
+than that for the year ending June 30, 1837. The expenditures of
+the Department had been graduated upon the anticipation of a largely
+increased revenue. A moderate curtailment of mail service consequently
+became necessary, and has been effected, to shield the Department
+against the danger of embarrassment. Its revenue is now improving, and
+it will soon resume its onward course in the march of improvement.
+
+Your particular attention is requested to so much of the
+Postmaster-General's report as relates to the transportation of the
+mails upon railroads. The laws on that subject do not seem adequate
+to secure that service, now become almost essential to the public
+interests, and at the same time protect the Department from combinations
+and unreasonable demands.
+
+Nor can I too earnestly request your attention to the necessity of
+providing a more secure building for this Department. The danger of
+destruction to which its important books and papers are continually
+exposed, as well from the highly combustible character of the building
+occupied as from that of others in the vicinity, calls loudly for prompt
+action.
+
+Your attention is again earnestly invited to the suggestions and
+recommendations submitted at the last session in respect to the District
+of Columbia.
+
+I feel it my duty also to bring to your notice certain proceedings at
+law which have recently been prosecuted in this District in the name
+of the United States, on the relation of Messrs. Stockton & Stokes, of
+the State of Maryland, against the Postmaster-General, and which have
+resulted in the payment of money out of the National Treasury, for
+the first time since the establishment of the Government, by judicial
+compulsion exercised by the common-law writ of mandamus issued by the
+circuit court of this District.
+
+The facts of the case and the grounds of the proceedings will be
+found fully stated in the report of the decision, and any additional
+information which you may desire will be supplied by the proper
+Department. No interference in the particular case is contemplated.
+The money has been paid, the claims of the prosecutors have been
+satisfied, and the whole subject, so far as they are concerned, is
+finally disposed of; but it is on the supposition that the case may
+be regarded as an authoritative exposition of the law as it now stands
+that I have thought it necessary to present it to your consideration.
+
+The object of the application to the circuit court was to compel the
+Postmaster-General to carry into effect an award made by the Solicitor
+of the Treasury, under a special act of Congress for the settlement of
+certain claims of the relators on the Post-Office Department, which
+award the Postmaster-General declined to execute in full until he should
+receive further legislative direction on the subject. If the duty
+imposed on the Postmaster-General by that law was to be regarded as
+one of an official nature, belonging to his office as a branch of the
+executive, then it is obvious that the constitutional competency of the
+judiciary to direct and control him in its discharge was necessarily
+drawn in question; and if the duty so imposed on the Postmaster-General
+was to be considered as merely ministerial, and not executive, it yet
+remained to be shown that the circuit court of this District had
+authority to interfere by mandamus, such a power having never before
+been asserted or claimed by that court. With a view to the settlement of
+these important questions, the judgment of the circuit court was carried
+by a writ of error to the Supreme Court of the United States. In the
+opinion of that tribunal the duty imposed on the Postmaster-General was
+not an official executive duty, but one of a merely ministerial nature.
+The grave constitutional questions which had been discussed were
+therefore excluded from the decision of the case, the court, indeed,
+expressly admitting that with powers and duties properly belonging to
+the executive no other department can interfere by the writ of mandamus;
+and the question therefore resolved itself into this: Has Congress
+conferred upon the circuit court of this District the power to issue
+such a writ to an officer of the General Government commanding him to
+perform a ministerial act? A majority of the court have decided that it
+has, but have founded their decision upon a process of reasoning which
+in my judgment renders further legislative provision indispensable to
+the public interests and the equal administration of justice.
+
+It has long since been decided by the Supreme Court that neither that
+tribunal nor the circuit courts of the United States, held within the
+respective States, possess the power in question; but it is now held
+that this power, denied to both of these high tribunals (to the former
+by the Constitution and to the latter by Congress), has been by its
+legislation vested in the circuit court of this District. No such direct
+grant of power to the circuit court of this District is claimed, but it
+has been held to result by necessary implication from several sections
+of the law establishing the court. One of these sections declares that
+the laws of Maryland, as they existed at the time of the cession,
+should be in force in that part of the District ceded by that State,
+and by this provision the common law in civil and criminal cases, as
+it prevailed in Maryland in 1801, was established in that part of the
+District.
+
+In England the court of king's bench--because the Sovereign, who,
+according to the theory of the constitution, is the fountain of justice,
+originally sat there in person, and is still deemed to be present in
+construction of law--alone possesses the high power of issuing the writ
+of mandamus, not only to inferior jurisdictions and corporations, but
+also to magistrates and others, commanding them in the King's name to do
+what their duty requires in cases where there is a vested right and no
+other specific remedy. It has been held in the case referred to that as
+the Supreme Court of the United States is by the Constitution rendered
+incompetent to exercise this power, and as the circuit court of this
+District is a court of general jurisdiction in cases at common law,
+and the highest court of original jurisdiction in the District, the
+right to issue the writ of mandamus is incident to its common-law
+powers. Another ground relied upon to maintain the power in question
+is that it was included by fair construction in the powers granted to
+the circuit courts of the United States by the act "to provide for the
+more convenient organization of the courts of the United States," passed
+13th February, 1801; that the act establishing the circuit court of this
+District, passed the 27th day of February, 1801, conferred upon that
+court and the judges thereof the same powers as were by law vested in
+the circuit courts of the United States and in the judges of the said
+courts; that the repeal of the first-mentioned act, which took place in
+the next year, did not divest the circuit court of this District of the
+authority in dispute, but left it still clothed with the powers over the
+subject which, it is conceded, were taken away from the circuit courts
+of the United States by the repeal of the act of 13th February, 1801.
+
+Admitting that the adoption of the laws of Maryland for a portion of
+this District confers on the circuit court thereof, in that portion, the
+transcendent extrajudicial prerogative powers of the court of king's
+bench in England, or that either of the acts of Congress by necessary
+implication authorizes the former court to issue a writ of mandamus to
+an officer of the United States to compel him to perform a ministerial
+duty, the consequences are in one respect the same. The result in either
+case is that the officers of the United States stationed in different
+parts of the United States are, in respect to the performance of
+their official duties, subject to different laws and a different
+supervision--those in the States to one rule, and those in the District
+of Columbia to another and a very different one. In the District their
+official conduct is subject to a judicial control from which in the
+States they are exempt.
+
+Whatever difference of opinion may exist as to the expediency of vesting
+such a power in the judiciary in a system of government constituted
+like that of the United States, all must agree that these disparaging
+discrepancies in the law and in the administration of justice ought not
+to be permitted to continue; and as Congress alone can provide the
+remedy, the subject is unavoidably presented to your consideration.
+
+M. VAN BUREN.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 6, 1838_.
+
+_To the Senate and House of Representatives of the United States_:
+
+The act of the 1st July, 1836, to enable the Executive to assert and
+prosecute with effect the claim of the United States to the legacy
+bequeathed to them by James Smithson, late of London, having received
+its entire execution, and the amount recovered and paid into the
+Treasury having, agreeably to an act of the last session, been invested
+in State stocks, I deem it proper to invite the attention of Congress
+to the obligation now devolving upon the United States to fulfill the
+object of the bequest. In order to obtain such information as might
+serve to facilitate its attainment, the Secretary of State was directed
+in July last to apply to persons versed in science and familiar with the
+subject of public education for their views as to the mode of disposing
+of the fund best calculated to meet the intentions of the testator and
+prove most beneficial to mankind. Copies of the circular letter written
+in compliance with these directions, and of the answers to it received
+at the Department of State, are herewith communicated for the
+consideration of Congress.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 7, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives reports[38] from the
+Secretary of State and the Secretary of the Treasury, with accompanying
+documents, in answer to the resolution of the House of the 9th of July
+last.
+
+M. VAN BUREN.
+
+[Footnote 38: Transmitting communications, papers, documents, etc.,
+elucidating the origin and objects of the Smithsonian bequest and the
+origin, progress, and consummation of the process by which that bequest
+was recovered, etc.]
+
+
+
+WASHINGTON, _December 8, 1838_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I herewith transmit a special report made to me by the Secretary of the
+Treasury, for your consideration, in relation to the recently discovered
+default of Samuel Swartwout, late collector of the customs at the port
+of New York.
+
+I would respectfully invite the early attention of Congress to the
+adoption of the legal provisions therein suggested, or such other
+measures as may appear more expedient, for increasing the public
+security against similar defalcations hereafter.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 14, 1838_.
+
+_To the Senate of the United States_:
+
+With the accompanying communication of the Secretary of War I transmit,
+for the consideration and constitutional action of the Senate, a treaty
+concluded with the Miami tribe of Indians on the 6th ultimo. Your
+attention is invited to that section which reserves a tract of land for
+the use of certain Indians, and to other reservations contained in the
+treaty. All such reservations are objectionable, but for the reasons
+given by the Secretary of War I submit to your consideration whether the
+circumstances attending this negotiation, and the great importance of
+removing the Miamies from the State of Indiana, will warrant a departure
+in this instance from the salutary rule of excluding all reservations
+from Indian treaties.
+
+M. VAN BUREN.
+
+
+
+WAR DEPARTMENT, _December 14, 1838_.
+
+The PRESIDENT OF THE UNITED STATES.
+
+SIR: I have the honor to lay before you, for submission to the Senate
+for its action if approved by you, a treaty with the Miami tribe of
+Indians concluded on the 6th ultimo. In doing so I beg to call your
+attention to that section which reserves from the cession made by the
+Miamies a tract of land supposed to contain 10 square miles, and to
+other reservations according to a schedule appended to the treaty. The
+commissioner who negotiated this treaty is of opinion that it could not
+have been concluded if he had not so far departed from his instructions
+as to admit these reservations. And it is to be feared that if the
+rules adopted by the Department in this particular be insisted upon
+on this occasion it will very much increase the difficulty, if it does
+not render it impracticable to acquire this land and remove these
+Indians--objects of so much importance to the United States and
+especially to the State of Indiana.
+
+Very respectfully, your most obedient servant,
+
+J.R. POINSETT.
+
+
+
+WASHINGTON, _December 18, 1838_.
+
+_To the House of Representatives of the United States_:
+
+I transmit the accompanying documents, marked from 1 to 5,[39] in
+reply to a resolution of yesterday's date, calling for copies of
+correspondence between the Executive of the General Government and
+the governor of Pennsylvania in relation to "a call of the latter for
+an armed force of United States troops since the present session of
+Congress," and requiring information "whether any officer of the United
+States instigated or participated" in the riotous proceedings referred
+to in the resolution, and "what measures, if any, the President has
+taken to investigate and punish the said acts, and whether any such
+officer still remains in the service of the United States."
+
+M. VAN BUREN.
+
+[Footnote 39: Relating to the "Buckshot war."]
+
+
+
+WASHINGTON, _December 20, 1838_.
+
+_To the House of Representatives_:
+
+I have the honor to transmit herewith additional letters and
+documents[40] embraced in the resolution of the House of Representatives
+of the 17th instant.
+
+M. VAN BUREN.
+
+[Footnote 40: Relating to the "Buckshot war."]
+
+
+
+WASHINGTON, _December 20, 1838_.
+
+_To the House of Representatives_:
+
+An important difference of opinion having arisen concerning the
+construction of an act of Congress making a grant of land to the State
+of Indiana,[41] and in which she feels a deep interest, I deem it proper
+to submit all the material facts to your consideration, with a view to
+procure such additional legislation as the facts of the case may appear
+to render proper.
+
+The report of the Secretary of the Treasury and the documents annexed
+from the General Land Office will disclose all the circumstances deemed
+material in relation to the subject, and are herewith presented.
+
+M. VAN BUREN.
+
+[Footnote 41: In aid of the construction of the Wabash and Erie Canal.]
+
+
+
+WASHINGTON, _December 26, 1838_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit for your consideration the inclosed communication and
+accompanying documents from the Secretary of War, relative to the
+present state of the Pea Patch Island, in the Delaware River, and of
+the operations going on there for the erection of defenses for that
+important channel of commerce.
+
+It will be seen from these documents that a complete stop has been put
+to those operations in consequence of the island having been taken
+possession of by the individual claimant under the decision, in his
+favor, of the United States district court for the district of New
+Jersey, and that unless early measures are taken to bring the island
+within the jurisdiction of the Government great loss and injury will
+result to the future operations for carrying on the works. The
+importance of the subject would seem to render it worthy of the early
+attention of Congress.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December, 1838_.
+
+_To the Senate_:
+
+I transmit a letter from the Secretary of War, accompanied by a
+communication from the Commissioner of Indian Affairs, on the subject
+of granting to the Chickasaw Indians subsistence for the further term
+of seven months. Should it be the pleasure of the Senate to give its
+sanction to the measure suggested by the Commissioner for this purpose,
+my own will not be withheld.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 7, 1839_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 20th December
+last, I communicate to the Senate reports from the several Executive
+Departments, containing the information[42] called for by said
+resolution.
+
+M. VAN BUREN.
+
+[Footnote 42: Copies of orders and instructions issued since April 14,
+1836, relative to the kind of money and bank notes to be paid out on
+account of the United States.]
+
+
+
+WASHINGTON, _January 9, 1839_.
+
+The PRESIDENT OF THE SENATE OF THE UNITED STATES.
+
+SIR: I transmit herewith a report from the Secretary of the Navy, in
+answer to the resolution of the Senate of the 3d instant, calling for
+information in regard to the examinations of inventions designed to
+prevent the calamities resulting from the explosion of steam boilers,
+directed by the acts of Congress of the 28th of June and the 9th of
+July last.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 10, 1839_.
+
+_To the House of Representatives_:
+
+I communicate to the House of Representatives, in compliance with
+its resolution of the 3d instant, reports[43] from the Secretaries of State
+and War, containing all the information called for by said resolution now
+in possession of the Executive.
+
+M. VAN BUREN.
+
+[Footnote 43: Relating to the invasion of the southwestern frontier of
+the United States by an armed force from the Republic of Texas.]
+
+
+
+WASHINGTON, _January 11, 1839_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report of the Secretary of War, in reply to the
+resolution of the Senate of yesterday's date, calling for information
+respecting the agreement between him and the United States Bank of
+Pennsylvania on the subject of the sale or payment of certain bonds
+of that institution held by the United States, and respecting the
+disposition made of the proceeds thereof.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 15, 1839_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 9th of July last,
+I transmit reports[44] from the several Departments of the Government
+to which that resolution was referred.
+
+M. VAN BUREN.
+
+[Footnote 44: Transmitting statements of cases in which a per centum has
+been allowed to public officers on disbursements of public moneys.]
+
+
+
+WASHINGTON, _January 16, 1839_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I lay before you a communication from the Secretary of War, which is
+accompanied by one from the Commissioner of Indian Affairs, suggesting
+the propriety of setting apart a tract of country west of the
+Mississippi for the Seminole Indians, so that they may be separate from
+the Creeks, and representing the necessity of a small appropriation for
+supplying the immediate wants of those who have been removed; and I
+respectfully recommend these subjects for the early consideration and
+favorable action of Congress.
+
+M. VAN BUREN.
+
+
+
+JANUARY 17, 1839.
+
+_To the Senate and House of Representatives_:
+
+I herewith communicate to Congress a letter from the Secretary of the
+Treasury, in respect to the Florida claims under the treaty of 1819 and
+the subsequent acts of Congress passed to enforce it.
+
+The propriety of some additional legislation on this subject seems
+obvious. The period when the evidence on the claims shall be closed
+ought, in my opinion, to be limited, as they are already of long
+standing, and, as a general consequence, the proof of their justice
+every day becoming more and more unsatisfactory.
+
+It seems also that the task of making the final examination into the
+justice of the awards might advantageously be devolved upon some other
+officer or tribunal than the Secretary of the Treasury, considering the
+other responsible, laborious, and numerous duties imposed on him at the
+present juncture.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 17, 1839_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit herewith a communication from the Secretary of the
+Treasury, which presents for the consideration of Congress the propriety
+of so changing the second section of the act of March 2, 1837, as that
+the existing humane provisions of the laws for the relief of certain
+insolvent debtors of the United States may be extended to such cases
+of insolvency as shall have occurred on or before the 1st day of
+January, 1839.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 17, 1839_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+
+In answer to the resolution of the House of Representatives of the
+14th instant, calling for information as to the proceedings under the
+act of Congress of the 28th of June last, providing for examinations
+of inventions designed to prevent the explosion of steam boilers,
+I transmit herewith a copy of a report of the Secretary of the Navy,
+which was made to the Senate in answer to a similar call from that
+body, as containing the information called for.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 18, 1839_.
+
+_To the House of Representatives_:
+
+In addition to the information contained in a report from the Secretary
+of State communicated with my message of the 30th April, 1838, I
+transmit to the House of Representatives a report[45] from the Secretary
+of War, dated the 16th instant, in answer to a resolution of the House
+of the 19th March last, and containing so much of the information called
+for by said resolution as could be furnished by his Department.
+
+M. VAN BUREN.
+
+[Footnote 45: Relating to the intermeddling of any foreign government,
+or subjects or officers thereof, with the Indian tribes in Michigan,
+Wisconsin, the territory beyond the Rocky Mountains, or elsewhere within
+the limits of the United States, etc.]
+
+
+
+WASHINGTON, _January 21, 1839_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for their consideration in reference
+to its ratification, a treaty of commerce and navigation between the
+United States of America and His Majesty the King of the Netherlands,
+signed at this place on the 19th instant by the Secretary of State and
+the charge d'affaires of the Netherlands in the United States.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 21, 1839_.
+
+_To the Senate of the United States_:
+
+I transmit for the consideration of the Senate with a view to its
+ratification a convention for the adjustment of claims of citizens of
+the United States upon the Government of the Mexican Republic, concluded
+and signed in this city on the 10th of September last by John Forsyth,
+Secretary of State of the United States, and Francisco Pizarro Martinez,
+envoy extraordinary and minister plenipotentiary of the Mexican
+Republic, on the part of their respective Governments.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 21, 1839_.
+
+_To the Senate of the United States_:
+
+I transmit a treaty negotiated with the New York Indians, which was
+submitted to your body in June last and amended. The amendments have,
+in pursuance of the requirement of the Senate, been submitted to each of
+the tribes, assembled in council, for their free and voluntary assent
+or dissent thereto. In respect to all the tribes except the Senecas the
+result of this application has been entirely satisfactory. It will be
+seen by the accompanying papers that of this tribe, the most important
+of those concerned, the assent of only 42 out of 81 chiefs has been
+obtained. I deem it advisable under these circumstances to submit the
+treaty in its modified form to the Senate, for its advice in regard of
+the sufficiency of the assent of the Senecas to the amendments proposed.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 24, 1839_.
+
+_To the Senate of the United States_:
+
+I transmit herewith to the Senate, for their consideration in reference
+to its ratification, a treaty of commerce and navigation between the
+United States of America and His Majesty the King of Sardinia, signed
+at Genoa on the 26th of November last by the plenipotentiaries of the
+contracting parties.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 25, 1839_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate a report[46] from the Secretary of State,
+in answer to their resolution of the 22d instant.
+
+M. VAN BUREN.
+
+[Footnote 46: Stating that there has been no correspondence with Great
+Britain in relation to the northeastern boundary since December 3, 1838.]
+
+
+
+WASHINGTON, _January 26, 1839_.
+
+_To the Senate of the United States_:
+
+I lay before you, for your consideration, a treaty concluded with the
+Omaha, Ioway, and Otoe tribes of Indians, and sanctioned by the Yancton
+and Santie bands of Sioux, by which a tract of land situated on the
+south side of the Missouri between the Great and Little Nemahaw rivers
+has been ceded to the United States.
+
+It appears that the consent of the half-breeds of the above-mentioned
+tribes and bands is wanting to perfect the treaty. This tract of
+land was ceded by the treaty of 15th July, 1830, to them by the
+above-mentioned tribes and bands of Indians, and can not be taken from
+them, even for such a valuable consideration as will relieve their
+wants, without their assent. In order to avoid unnecessary delay,
+I submit it to your consideration in order to receive an expression of
+your opinion as to the manner of obtaining the assent of the minors,
+whereby all unnecessary delay in the final action upon the treaty will
+be avoided.
+
+M. VAN BUREN.
+
+
+
+JANUARY 28, 1839.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit herewith a communication received from the Secretary of the
+Treasury, on the subject of the balances reported on the books of the
+Treasury against collecting and disbursing agents of the Government,
+to which I beg leave to invite the early attention of Congress.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 30, 1839_.
+
+_To the Senate and House of Representatives_:
+
+I herewith transmit a report from the Secretary of the Treasury, on the
+subject of commissions claimed by agents or officers employed by the
+General Government.
+
+The propriety of new legislation regulating the whole matter by express
+laws seems very apparent, and is urgently recommended to the early
+attention of Congress.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 2, 1839_.
+
+_To the Senate of the United States_:
+
+I transmit a report from the Secretary of State, assigning reasons
+which render it probable that the time limited for the exchange of the
+ratifications of the convention for the adjustment of claims of citizens
+of the United States on the Government of the Mexican Republic may
+expire before that exchange can be effected, and suggesting that the
+consent of the Senate be requested for an extension of that time. The
+object of this communication, accordingly, is to solicit the approval
+by the Senate of such an extension upon the conditions mentioned in the
+report of the Secretary of State.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, February 2, 1839_.
+
+The PRESIDENT OF THE UNITED STATES:
+
+The Secretary of State has the honor to report to the President that,
+according to his instructions, Mr. Martinez, the Mexican minister
+plenipotentiary, was invited to the Department of State in order to
+ascertain if he had any recent information on the subject of the
+convention between the United States and Mexico, transmitted by him to
+Mexico for ratification by his Government. Mr. Martinez called yesterday
+and stated that he was without definite information, but expected daily
+to receive it. He supposed the delay was occasioned by the troubled
+condition of Mexican affairs, and hoped we would make all due allowances
+for unavoidable delays. When asked if he had power to enlarge the time
+for the exchange of ratifications, he said that all his instructions had
+been fulfilled on the signature of the treaty. The Secretary called his
+attention to information just received at the Department from Mexico
+that the treaty was about to be submitted to the Mexican Congress, and
+he was requested to state what had changed the views of his Government
+on the question of ratifying the convention, he himself having stated,
+pending the negotiation, that the President, Bustamente, believed he
+had full power under the decree of the 20th of May, 1837, to ratify
+the convention without a reference of it to Congress. He replied that
+he did not know the causes which had produced this change of opinion.
+Mr. Martinez appeared to be very solicitous to have it understood
+that he had done everything in his power to hasten the exchange of
+ratifications, and to have every allowance made in consequence of the
+disturbed state of Mexico and her pending war with France. From this
+conversation and the accompanying extracts from two letters from the
+consul of the United States at Mexico the President will see that it is
+by no means improbable, if the ratification of the convention should
+have been decreed by the Congress of Mexico, that the ratification may
+not reach the city of Washington until after the 10th of February. The
+Secretary therefore respectfully represents to the President whether
+it is not advisable to ask the consent of the Senate to the exchange
+of the ratifications after the expiration of the time limited, if such
+exchange shall be offered by the Mexican Government by their agent duly
+authorized for that purpose. Unless this authority can be granted, a new
+convention will have to be negotiated and the whole subject passed over
+until after the next session of Congress.
+
+All which is respectfully submitted.
+
+JOHN FORSYTH.
+
+
+
+[Extract of a letter from the consul of the United States at Mexico,
+dated November 17, 1838.]
+
+On the 13th Mr. Basave did me the honor to call on me, and informed
+me that he was requested by his excellency the minister of foreign
+relations, Mr. Cuevas, to inform me that in consequence of his
+having to go to Jalapa to meet Admiral Baudin, the French minister
+plenipotentiary, he could not attend to the matters relating to the
+American question in time for Mr. Basave to go back in the _Woodbury_,
+and wished, therefore, that she might not be detained, as was intended,
+for the purpose of conveying to the United States Messrs. Basave and
+Murphy.
+
+
+
+[Extract of a letter from the consul of the United States at Mexico,
+dated December 31, 1838.]
+
+On a visit to the minister of foreign relations yesterday he informed
+me that he was writing a friendly letter to the President of the United
+States and another to Mr. Forsyth, and said he was about to lay the
+convention entered into between the two Governments before the new
+Congress, and if ratified should request of me to procure for it a
+conveyance to the United States by one of our men-of-war, the time
+for its ratification being nearly expired.
+
+
+
+WASHINGTON, D.C., _February 6, 1839_.
+
+_To the House of Representatives of the United States_:
+
+I transmit to the House of Representatives a report[47] from the
+Secretary of State, with accompanying documents, in answer to a
+resolution of that body bearing date on the 28th ultimo.
+
+M. VAN BUREN.
+
+[Footnote 47: Relating to the demand upon the British Government for
+satisfaction for the burning of the steamboat _Caroline_ and murdering
+of unarmed citizens on board, at Schlosser, N.Y., December 29, 1837.]
+
+
+
+WASHINGTON, _February 6, 1839_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution of the Senate of the 19th December last,
+I communicate to the Senate a report[48] from the Secretary of State,
+accompanying copies of the correspondence called for by said resolution.
+
+M. VAN BUREN.
+
+[Footnote 48: Relating to the commerce and navigation carried on within
+the Turkish dominions and in the Pashalic of Egypt.]
+
+
+
+WASHINGTON, _February 6, 1839_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES.
+
+SIR: I transmit herewith the report of the commissioners appointed under
+the act of 28th of June last and the supplementary act of July following
+to test the usefulness of inventions to improve and render safe the
+boilers of steam engines against explosions.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, D.C., _February 9, 1839_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith to the House of Representatives a report from the
+Secretary of State, together with the documents which accompanied it,
+in answer to the resolution of the 28th ultimo, requesting information
+touching certain particulars in the territorial relations of the United
+States and Great Britain on this continent.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 13, 1839_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate a report[49] from the Secretary of
+State, with accompanying documents, in answer to their resolution of
+the 1st instant.
+
+M. VAN BUREN.
+
+[Footnote 49: Relating to compensation by Great Britain in the cases of
+the brigs _Enterprise, Encomium_, and _Comet_, slaves on board which
+were forcibly seized and detained by local authorities of Bermuda and
+Bahama islands.]
+
+
+
+WASHINGTON, _February 16, 1839_.
+
+_To the Senate_:
+
+I transmit for the constitutional action of the Senate treaties recently
+concluded with the Creek, Osage, and Iowa tribes of Indians, with
+communications from the Department of War.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 19, 1839_.
+
+_To the House of Representatives_:
+
+I transmit a report from the War Department in relation to the
+investigations had by the commissioners under the resolution of 1st
+July, 1836, on the sales of reservations of deceased Creek Indians.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 21, 1839_.
+
+_To the Senate of the United States_:
+
+I transmit for the constitutional action of the Senate articles
+supplementary to the treaty with the Chippewas, for the purchase of
+40 acres of land at the mouth of the Saginaw River, which are esteemed
+necessary in the erection and use of a light-house at that point.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 22, 1839_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
+
+I herewith transmit a report from the Secretary of State, with
+accompanying documents, on the subject of the blockades of the Mexican
+coast and of the Rio de la Plata, in answer to the resolution of the
+House of Representatives of the 11th instant.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 25, 1839_.
+
+_To the Senate_:
+
+I transmit for the constitutional action of the Senate a supplemental
+article to the treaty with the Chippewas of Saganaw, which accompanied
+my communication of the 21st instant, and explanatory papers from the
+War Department.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 26, 1839_.
+
+_To the Senate and House of Representatives_:
+
+I lay before Congress several dispatches from his excellency the
+governor of Maine, with inclosures, communicating certain proceedings of
+the legislature of that State, and a copy of the reply of the Secretary
+of State, made by my direction, together with a note from H.S. Fox,
+esq., envoy extraordinary and minister plenipotentiary of Great Britain,
+with the answer of the Secretary of State to the same.
+
+It will appear from those documents that a numerous band of lawless and
+desperate men, chiefly from the adjoining British Provinces, but without
+the authority or sanction of the provincial government, had trespassed
+upon that portion of the territory in dispute between the United States
+and Great Britain which is watered by the river Aroostook and claimed
+to belong to the State of Maine, and that they had committed extensive
+depredations there by cutting and destroying a very large quantity of
+timber. It will further appear that the governor of Maine, having been
+officially apprised of the circumstance, had communicated it to the
+legislature with a recommendation of such provisions in addition to
+those already existing by law as would enable him to arrest the course
+of said depredations, disperse the trespassers, and secure the timber
+which they were about carrying away; that, in compliance with a
+resolve of the legislature passed in pursuance of his recommendation,
+his excellency had dispatched the land agent of the State, with a
+force deemed adequate to that purpose, to the scene of the alleged
+depredations, who, after accomplishing a part of his duty, was seized
+by a band of the trespassers at a house claimed to be within the
+jurisdiction of Maine, whither he had repaired for the purpose of
+meeting and consulting with the land agent of the Province of New
+Brunswick, and conveyed as a prisoner to Frederickton, in that Province,
+together with two other citizens of the State who were assisting him in
+the discharge of his duty.
+
+It will also appear that the governor and legislature of Maine,
+satisfied that the trespassers had acted in defiance of the laws of
+both countries, learning that they were in possession of arms, and
+anticipating (correctly, as the result has proved) that persons of their
+reckless and desperate character would set at naught the authority of
+the magistrates without the aid of a strong force, had authorized the
+sheriff and the officer appointed in the place of the land agent to
+employ, at the expense of the State, an armed posse, who had proceeded
+to the scene of these depredations with a view to the entire dispersion
+or arrest of the trespassers and the protection of the public property.
+
+In the correspondence between the governor of Maine and Sir John Harvey,
+lieutenant-governor of the Province of New Brunswick, which has grown
+out of these occurrences and is likewise herewith communicated, the
+former is requested to recall the armed party advanced into the disputed
+territory for the arrest of trespassers, and is informed that a strong
+body of British troops is to be held in readiness to support and protect
+the authority and subjects of Great Britain in said territory. In answer
+to that request the provincial governor is informed of the determination
+of the State of Maine to support the land agent and his party in the
+performance of their duty, and the same determination, for the execution
+of which provision is made by a resolve of the State legislature, is
+communicated by the governor to the General Government.
+
+The lieutenant-governor of New Brunswick, in calling upon the governor
+of Maine for the recall of the land agent and his party from the
+disputed territory, and the British minister, in making a similar demand
+upon the Government of the United States, proceed upon the assumption
+that an agreement exists between the two nations conceding to Great
+Britain, until the final settlement of the boundary question, exclusive
+possession of and jurisdiction over the territory in dispute. The
+important bearing which such an agreement, if it existed, would have
+upon the condition and interests of the parties, and the influence it
+might have upon the adjustment of the dispute, are too obvious to allow
+the error upon which this assumption seems to rest to pass for a moment
+without correction. The answer of the Secretary of State to Mr. Fox's
+note will show the ground taken by the Government of the United States
+upon this point. It is believed that all the correspondence which has
+passed between the two Governments upon this subject has already been
+communicated to Congress and is now on their files. An abstract of
+it, however, hastily prepared, accompanies this communication. It is
+possible that in thus abridging a voluminous correspondence, commencing
+in 1825 and continuing to a very recent period, a portion may have been
+accidentally overlooked; but it is believed that nothing has taken
+place which would materially change the aspect of the question as
+therein presented. Instead of sustaining the assumption of the British
+functionaries, that correspondence disproves the existence of any such
+agreement. It shows that the two Governments have differed not only in
+regard to the main question of title to the territory in dispute, but
+with reference also to the right of jurisdiction and the fact of the
+actual exercise of it in different portions thereof.
+
+Always aiming at an amicable adjustment of the dispute, both parties
+have entertained and repeatedly urged upon each other a desire that each
+should exercise its rights, whatever it considered them to be, in such
+a manner as to avoid collision and allay to the greatest practicable
+extent the excitement likely to grow out of the controversy. It was in
+pursuance of such an understanding that Maine and Massachusetts, upon
+the remonstrance of Great Britain, desisted from making sales of lands,
+and the General Government from the construction of a projected military
+road in a portion of the territory of which they claimed to have enjoyed
+the exclusive possession; and that Great Britain on her part, in
+deference to a similar remonstrance from the United States, suspended
+the issue of licenses to cut timber in the territory in controversy and
+also the survey and location of a railroad through a section of country
+over which she also claimed to have exercised exclusive jurisdiction.
+
+The State of Maine had a right to arrest the depredations complained of.
+It belonged to her to judge of the exigency of the occasion calling for
+her interference, and it is presumed that had the lieutenant-governor of
+New Brunswick been correctly advised of the nature of the proceedings
+of the State of Maine he would not have regarded the transaction as
+requiring on his part any resort to force. Each party claiming a right
+to the territory, and hence to the exclusive jurisdiction over it, it is
+manifest that to prevent the destruction of the timber by trespassers,
+acting against the authority of both, and at the same time avoid
+forcible collision between the contiguous governments during the
+pendency of negotiations concerning the title, resort must be had to the
+mutual exercise of jurisdiction in such extreme cases or to an amicable
+and temporary arrangement as to the limits within which it should be
+exercised by each party. The understanding supposed to exist between the
+United States and Great Britain has been found heretofore sufficient
+for that purpose, and I believe will prove so hereafter if the parties
+on the frontier directly interested in the question are respectively
+governed by a just spirit of conciliation and forbearance. If it shall
+be found, as there is now reason to apprehend, that there is, in the
+modes of construing that understanding by the two Governments, a
+difference not to be reconciled, I shall not hesitate to propose to
+Her Britannic Majesty's Government a distinct arrangement for the
+temporary and mutual exercise of jurisdiction by means of which similar
+difficulties may in future be prevented.
+
+But between an effort on the part of Maine to preserve the property in
+dispute from destruction by intruders and a military occupation by that
+State of the territory with a view to hold it by force while the
+settlement is a subject of negotiation between the two Governments there
+is an essential difference, as well in respect to the position of the
+State as to the duties of the General Government. In a letter addressed
+by the Secretary of State to the governor of Maine on the 1st of March
+last, giving a detailed statement of the steps which had been taken by
+the Federal Government to bring the controversy to a termination, and
+designed to apprise the governor of that State of the views of the
+Federal Executive in respect to the future, it was stated that while the
+obligations of the Federal Government to do all in its power to effect
+the settlement of the boundary question were fully recognized, it had,
+in the event of being unable to do so specifically by mutual consent,
+no other means to accomplish that object amicably than by another
+arbitration, or by a commission, with an umpire, in the nature of an
+arbitration; and that in the event of all other measures failing the
+President would feel it his duty to submit another proposition to the
+Government of Great Britain to refer the decision of the question to a
+third power. These are still my views upon the subject, and until this
+step shall have been taken I can not think it proper to invoke the
+attention of Congress to other than amicable means for the settlement
+of the controversy, or to cause the military power of the Federal
+Government to be brought in aid of the State of Maine in any attempt
+to effect that object by a resort to force.
+
+On the other hand, if the authorities of New Brunswick should attempt
+to enforce the claim of exclusive jurisdiction set up by them by means
+of a military occupation on their part of the disputed territory,
+I shall feel myself bound to consider the contingency provided by the
+Constitution as having occurred, on the happening of which a State
+has the right to call for the aid of the Federal Government to repel
+invasion.
+
+I have expressed to the British minister near this Government a
+confident expectation that the agents of the State of Maine, who have
+been arrested under an obvious misapprehension of the object of their
+mission, will be promptly released, and to the governor of Maine that a
+similar course will be pursued in regard to the agents of the Province
+of New Brunswick. I have also recommended that any militia that may have
+been brought together by the State of Maine from an apprehension of a
+collision with the government or people of the British Province will be
+voluntarily and peaceably disbanded.
+
+I can not allow myself to doubt that the results anticipated from
+these representations will be seasonably realized. The parties more
+immediately interested can not but perceive that an appeal to arms
+under existing circumstances will not only prove fatal to their present
+interests, but would postpone, if not defeat, the attainment of the main
+objects which they have in view. The very incidents which have recently
+occurred will necessarily awaken the Governments to the importance
+of promptly adjusting a dispute by which it is now made manifest that
+the peace of the two nations is daily and imminently endangered. This
+expectation is further warranted by the general forbearance which has
+hitherto characterized the conduct of the Government and people on both
+sides of the line. In the uniform patriotism of Maine, her attachment to
+the Union, her respect for the wishes of the people of her sister States
+(of whose interest in her welfare she can not be unconscious), and in
+the solicitude felt by the country at large for the preservation of
+peace with our neighbors, we have a strong guaranty that she will not
+disregard the request that has been made of her.
+
+As, however, the session of Congress is about to terminate and the
+agency of the Executive may become necessary during the recess, it
+is important that the attention of the Legislature should be drawn to
+the consideration of such measures as may be calculated to obviate the
+necessity of a call for an extra session. With that view I have thought
+it my duty to lay the whole matter before you and to invite such action
+thereon as you may think the occasion requires.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, D.C., _February 27, 1839_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives, in answer to their
+resolution of the 26th instant, a report from the Secretary of State,
+with the document[50] therein referred to.
+
+M. VAN BUREN.
+
+[Footnote 50: Letter of Mr. Stevenson, minister to England, relative to
+the duties and restrictions imposed by Great Britain upon the tobacco
+trade of the United States.]
+
+
+
+WASHINGTON, _February 27, 1839_.
+
+_To the House of Representatives_:
+
+In further compliance with the resolution of the House of
+Representatives of the 28th of January last, I communicate a report[51]
+from the Secretary of War, which, with its inclosures, contains
+additional information called for by said resolution.
+
+M. VAN BUREN.
+
+[Footnote 51: Relating to troubles in the British Provinces of Upper and
+Lower Canada and to alleged violations of neutrality on the part of the
+United States or Great Britain, and whether the authorities of Upper
+Canada have undertaken to interdict or restrict the ordinary intercourse
+between said Province and the United States, inconsistent with
+subsisting treaties.]
+
+
+
+WASHINGTON, _February 27, 1839_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress copies of various other documents received from
+the governor of Maine, relating to the dispute between that State and
+the Province of New Brunswick, which formed the subject of my message
+of the 26th instant, and also a copy of a memorandum, signed by the
+Secretary of State of the United States and Her Britannic Majesty's
+envoy extraordinary and minister plenipotentiary near the United States,
+of the terms upon which it is believed that all hostile collision can be
+avoided on the frontier consistently with and respecting the claims on
+either side.
+
+As the British minister acts without specific authority from his
+Government, it will be observed that this memorandum has but the force
+of recommendation on the provincial authorities and on the government
+of the State.
+
+M. VAN BUREN.
+
+
+
+EXECUTIVE DEPARTMENT,
+
+_Augusta, February 22, 1839_.
+
+His Excellency M. VAN BUREN,
+
+_President United States_.
+
+SIR: I have the honor to inclose herewith copies of letter from the
+lieutenant-governor of New Brunswick, under date of February 18, with my
+reply thereto; letter from the solicitor-general of the Province of New
+Brunswick to the Hon. Charles Jarvis, temporary land agent, under date
+of the 17th instant, with Mr. Jarvis's reply; parole of honor given by
+Messrs. McIntire, Cushman, Bartlett, and Webster, dated 18th February;
+my message to the legislature of the 21st instant.
+
+These papers will give Your Excellency all the additional information
+of any importance not heretofore communicated that has been received
+in relation to the state of affairs upon our eastern frontier. I can
+not but persuade myself that Your Excellency will see that an attack
+upon the citizens of this State by a British armed force is in all
+human probability inevitable, and that the interposition of the General
+Government at this momentous crisis should be promptly afforded.
+
+I have the honor to be, with high respect, Your Excellency's obedient
+servant,
+
+JOHN FAIRFIELD,
+
+_Governor of Maine_.
+
+
+
+GOVERNMENT HOUSE,
+
+_Frederickton, New Brunswick, February 18, 1839_.
+
+His Excellency the GOVERNOR OF MAINE.
+
+SIR: I have the honor to acknowledge the receipt, by the hands of
+Hon. Mr. Rogers, of your excellency's letter of the 15th instant.
+Mr. McIntire and the gentlemen with him have been subjected to an
+examination before Her Majesty's attorney-general of this Province, who
+has reported to me that the offense of which they stand charged is one
+rather against the law of nations and of treaties than against those of
+this Province. They must accordingly be regarded as "state offenders."
+In this view, their disposal rests exclusively with Her Majesty's
+Government, to which I shall accordingly report the case. In the
+meantime I have had pleasure in directing that they shall immediately be
+allowed to return to the State of Maine upon pledging their parole of
+honor to present themselves to the Government of this Province whenever
+Her Majesty's decision may be received, or when required to do so. The
+high respectability of their characters and situations and my desire to
+act in all matters relating to the disputed territory in such a manner
+as may evince the utmost forbearance consistent with the fulfillment of
+my instructions have influenced me in my conduct toward these gentlemen;
+but it is necessary that I should upon this occasion distinctly state
+to your excellency--
+
+First. That if it be the desire of the State of Maine that the
+friendly relations subsisting between Great Britain and the United
+States should not be disturbed, it is indispensable that the armed force
+from that State now understood to be within the territory in dispute
+be immediately withdrawn, as otherwise I have no alternative but to
+take military occupation of that territory, with a view to protect Her
+Majesty's subjects and to support the civil authorities in apprehending
+all persons claiming to exercise jurisdiction within it.
+
+Second. That it is my duty to require that all persons subjects of Her
+Majesty who may have been arrested in the commission of acts of trespass
+within the disputed territory be given up to the tribunals of this
+Province, there to be proceeded against according to law.
+
+Third. That in the event of the rumor which has just reached me relative
+to the arrest, detention, or interruption of James Maclauchlan, esq.,
+the warden of the disputed territory, being correct, that that officer
+be enlarged and the grounds of his detention explained.
+
+Mr. Rogers takes charge of this letter, of which a duplicate will be
+placed in the hands of the Hon. Mr. McIntire, with both of whom I have
+conversed and communicated to them my views in regard to the actual
+position in which I shall be placed and the measures which will be
+forced upon me if the several demands contained in this letter be not
+complied with; and I have reason to believe that Mr. McIntire leaves me
+fully impressed with the anxious desire which I feel to be spared the
+necessity of acting as the letter of my instructions would both warrant
+and prescribe.
+
+With regard to trespasses upon the lands of the disputed territory,
+I beg to assure you that the extent to which those trespasses appear
+to have been carried, as brought to my knowledge by recent occurrences,
+will lead me to adopt without any delay the strongest and most effectual
+measures which may be in my power for putting a stop to and preventing
+the recurrence of such trespasses.
+
+With high respect, I have the honor to be, your excellency's most
+obedient servant,
+
+J. HARVEY,
+
+_Major-General, Lieutenant-Governor_.
+
+
+
+EXECUTIVE DEPARTMENT,
+
+_Augusta, February 21, 1839_.
+
+His Excellency SIR JOHN HARVEY,
+
+_Lieutenant-Governor New Brunswick_.
+
+SIR: I have the honor to acknowledge the receipt of your excellency's
+communication of the 18th instant, by the hand of Colonel J.P. Rogers.
+
+To your demand for the discharge of the persons arrested by the
+authorities of this State for being engaged in acts of trespass upon the
+public lands of this State I have to say that the persons named are now
+in the _custody of the law_. With that custody I have neither the
+disposition nor the authority to interfere.
+
+In regard to James Maclauchlan, esq., provincial land agent, and Mr.
+Tibbets, his assistant, I have advised that they be released upon the
+_same terms_ upon which the Hon. Rufus McIntire and his assistants were
+released, to wit, upon their _parole of honor_ to return to Bangor
+whenever they should be thereto required by the executive government of
+this State, to answer to any charges that may be brought against them
+for their acts and proceedings upon what your excellency is pleased to
+call "the disputed territory."
+
+For a reply to the remainder of your excellency's communication I must
+refer you to my letter of the 18th instant, which you will receive by
+the hand of R. English, esq.
+
+I have the honor to be, with high respect, your excellency's obedient
+servant,
+
+JOHN FAIRFIELD,
+
+_Governor of Maine_.
+
+
+
+AT THE MOUTH OF THE ARESTOOK, RIVER ST. JOHN,
+
+_Province of New Brunswick, February 17, 1839_.
+
+The OFFICER COMMANDING THE ARMED FORCE ON THE DISPUTED TERRITORY.
+
+SIR: I am directed by His Excellency Major-General Sir John Harvey,
+lieutenant-governor and commander in chief of this Province, to express
+to you his great surprise at the very extraordinary occurrence of an
+armed force of the description now with you having entered upon the
+disputed territory (so called) and attempted to exercise a jurisdiction
+there foreign to the British Government, seizing upon and maltreating
+British subjects and retaining many of them prisoners without having in
+the first instance given any notice or made any communication whatever
+to the government authorities of this Province of such your intention,
+or the causes which have led to these acts of aggression. If you are
+acting under any authority from your own government, the proceedings are
+still more unjustifiable, being in direct defiance and breach of the
+existing treaties between the Central Government of the United States
+and England. If you have not any such authority, you and those with you
+have placed yourselves in a situation to be treated by both Governments
+as persons rebelling against the laws of either country. But be that as
+it may, I am directed by his excellency to give you notice that unless
+you immediately remove with the force you have with you from any part of
+the disputed territory (so called) and discharge all British subjects
+whom you have taken prisoners and at once cease attempting to exercise
+any authority in the said territory not authorized by the British
+Government every person of your party that can be found or laid hold of
+will be taken by the British authorities in this Province and detained
+as prisoners to answer for this offense, as his excellency is expressly
+commanded by his Sovereign to hold this territory inviolate and to
+defend it from any foreign aggression whatever until the two Governments
+have determined the question of to whom it shall belong; and to enable
+him to carry these commands into full effect, a large military force is
+now assembling at this place, part of which has already arrived, and
+will be shortly completed to any extent that the service may require.
+In doing this his excellency is very desirous to avoid any collision
+between Her Majesty's troops and any of the citizens of the United
+States that might lead to bloodshed, and if you remove from the
+territory peaceably and quietly without further opposition such
+collision will be avoided, as in that case his excellency will not think
+it necessary to move the British troops farther; but if you do not he
+will, in the execution of the commands of the British Government, find
+it necessary to take military possession of the territory in order to
+defend it from such innovation; and the consequences must be upon your
+own heads or upon the authority, if any, under which you act. The three
+gentlemen who were with you, and were taken prisoners by some of our
+people, have been forwarded on to Frederickton by the magistrates of the
+country and will be detained (as all persons heretofore have been who
+on former occasions were found endeavoring to set up or exercise any
+foreign jurisdiction or authority in the territory in question). They
+will, however, be well treated and every necessary attention paid to
+their comfort; but I have no doubt they will be detained as prisoners,
+to be disposed of as may hereafter be directed by the British
+Government. The warden of the disputed territory, Mr. Maclauchlan, went
+out, I understood, a few days since to explain all this to you; but
+he not having returned we are led to suppose you have still further
+violated the laws and treaties of the two nations by detaining him, who
+was a mere messenger of communication, together with Mr. Tibbets, the
+person who was employed to convey him. But as Mr. Maclauchlan was an
+accredited officer, acknowledged by the American Government as well as
+the British, and appointed for the very purpose of looking after this
+territory, I trust you will on reflection see the great impropriety and
+risk you run, even with your own government, by detaining him or his
+attendant, Mr. Tibbets, any longer.
+
+I shall await at this place to receive your answer to this.
+
+I am, sir, your most obedient, humble servant,
+
+GEO. FRED'K STREET,
+
+_Solicitor-General of the Provinces_.
+
+
+
+CONFLUENCE OF THE ST. CROIX, STREAM ARESTOOK RIVER,
+
+_Township No. 10, State of Maine, February 19, 1839_.
+
+GEO. FRED. STREET, Esq.,
+
+_Solicitor-General of Province New Brunswick_.
+
+SIR: Your communication of the 17th instant has been this moment
+received. The solicitor-general of the Provinces must have been
+misinformed as to the place where the force under my direction is now
+located, or he would have been spared the impropriety of addressing such
+a communication to me, a citizen of the State of Maine, one of the North
+American Confederacy of United States.
+
+It is also to be hoped, for the honor of the British Empire, that when
+Major-General Sir John Harvey, lieutenant-governor and commander in
+chief of the Province of New Brunswick, is made acquainted with the
+place where the Hon. Rufus McIntire, land agent of the State of Maine,
+and the two other gentlemen with him were forcibly arrested by a lawless
+mob, that he will direct their immediate discharge and bring the
+offenders to justice.
+
+The officer to whom you allude and the person in company with him were
+arrested for serving a precept on a citizen of Maine. He was sent on
+immediately to Augusta, the seat of government, to be dealt with by the
+authorities of the State. Their persons are not, therefore, in my power,
+and application for their discharge must be made to the government of
+the State.
+
+If, however, I have been in error as to your being under a mistake as
+to the place where I am now stationed, on land which was run out into
+townships by the State of Massachusetts and covered by grants from
+that State before Maine was separated from Massachusetts, and which
+has therefore been under the jurisdiction of Maine since she has taken
+her rank among the independent States of the North American Union,
+therefore, as a citizen of Maine, in official capacity, I have but one
+answer to return to the threat conveyed: I am here under the direction
+of the executive of the State, and must remain until otherwise ordered
+by the only authority recognized by me; and deeply as I should regret a
+conflict between our respective countries, I shall consider the approach
+to my station by an armed force as an act of hostility, which will be
+met by me to the best of my ability.
+
+I am, sir, your most obedient servant,
+
+CHARLES JARVIS,
+
+_Land Agent_.
+
+
+
+FREDERICKTON, NEW BRUNSWICK, _February 18, 1839_.
+
+Hon. RUFUS McINTIRE, GUSTAVUS G. CUSHMAN, THOMAS BARTLETT, and EBENEZER
+WEBSTER, Esqs.:
+
+Whereas the offense wherewith you stand charged has been pronounced
+by the law officers of this Province as one rather against the law
+of nations and of treaties than against the municipal laws of this
+country, and as such must be referred for the decision of Her Majesty's
+Government, you are hereby required to pledge your parole of honor to
+present yourselves at Frederickton, in this Province of New Brunswick,
+whenever such decision shall be communicated, or you shall be otherwise
+required by or on the part of this government; and for this purpose you
+shall make known the place or places to which such requisition shall be
+sent.
+
+J. HARVEY.
+
+
+
+FEBRUARY 18, 1839.
+
+We have no hesitation in giving, and hereby do give, the parole of honor
+above referred to.
+
+Witness:
+
+W. EARL.
+
+
+
+COUNCIL CHAMBER, _February 21, 1839_.
+
+_To the House of Representatives_:
+
+Under the order of the House of Representatives of the 19th instant,
+I herewith, lay before you certain correspondence since had with the
+lieutenant-governor of New Brunswick, and the correspondence between
+Geo. Frederick Street, esq., solicitor-general for the Province of New
+Brunswick, and Charles Jarvis, esq., provisional land agent of this
+State.
+
+The reply of Mr. Jarvis to the inadmissible and preposterous claims and
+pretensions of Her Majesty's solicitor-general for the Province of New
+Brunswick must, I think, command the unqualified approbation of everyone
+having a just regard for the honor of his State. It is in the true
+spirit, and I have every reason to believe that the same spirit animates
+the whole body of our citizens. While it prevails, though success will
+be deserved, defeat can bring no disgrace.
+
+You will see by the accompanying papers (and I take great pleasure in
+communicating the fact) that Mr. McIntire and his assistants have been
+released. It was, however, upon their parole of honor to return when
+thereto required by the government of that Province. Immediately
+upon the receipt of this information I advised the release of James
+Maclauchlan, esq., provincial land agent, and his assistant, _upon
+the same terms_.
+
+Since my last communication the land agent's forces at the Aroostook
+have been reenforced by about 600 good and effective men, making the
+whole force now about 750.
+
+I have a letter from Mr. Jarvis dated the 19th, before the reenforcement
+had arrived, and when his company consisted of only 100 men. He says he
+found the men in good spirits and that they had been active in making
+temporary but most effectual defenses of logs, etc.
+
+After describing his defenses, he says: "By to-morrow noon a force
+of 100 men would make good our position against 500. _Retreating,
+therefore, is out of the question_. We shall make good our stand against
+any force that we can reasonably expect would be brought against us."
+He says further: "I take pleasure in saying to you that a finer looking
+set of men I never saw than those now with me, and that the honor of our
+State, so far as they are concerned, is in safe-keeping."
+
+The draft of 1,000 men from the third division has been made with great
+dispatch. The troops, I understand, arrived promptly at the place of
+rendezvous at the time appointed in good spirits and anxious for the
+order to march to the frontier. The detachment from this second division
+will be ordered to march at the earliest convenient day--probably on
+Monday next. Other military movements will be made, which it is
+unnecessary to communicate to you at this time.
+
+The mission of Colonel Rogers to the lieutenant-governor of New
+Brunswick has resulted successfully so far as relates to the release of
+the land agent and his assistants, and has been conducted in a manner
+highly satisfactory.
+
+JOHN FAIRFIELD.
+
+
+
+[Memorandum.]
+
+WASHINGTON, _February 27, 1839_.
+
+Her Majesty's authorities consider it to have been understood and agreed
+upon by the two Governments that the territory in dispute between Great
+Britain and the United States on the northeastern frontier should remain
+exclusively under British jurisdiction until the final settlement of the
+boundary question.
+
+The United States Government have not understood the above agreement
+in the same sense, but consider, on the contrary, that there has been
+no agreement whatever for the exercise by Great Britain of exclusive
+jurisdiction over the disputed territory or any portion thereof, but
+a mutual understanding that pending the negotiation the jurisdiction
+then exercised by either party over small portions of the territory
+in dispute should not be enlarged, but be continued merely for the
+preservation of local tranquillity and the public property, both
+forbearing, as far as practicable, to exert any authority, and when
+any should be exercised by either placing upon the conduct of each
+other the most favorable construction.
+
+A complete understanding upon the question thus placed at issue of
+present jurisdiction can only be arrived at by friendly discussion
+between the Governments of the United States and Great Britain, and as
+it is confidently hoped that there will be an early settlement of the
+general question, this subordinate point of difference can be of but
+little moment.
+
+In the meantime the government of the Province of New Brunswick and the
+government of the State of Maine will act as follows: Her Majesty's
+officers will not seek to expel by military force the armed party which
+has been sent by Maine into the district bordering on the Restook River,
+but the government of Maine will voluntarily and without needless delay
+withdraw beyond the bounds of the disputed territory any armed force
+now within them; and if future necessity shall arise for dispersing
+notorious trespassers or protecting public property from depredation
+by armed force, the operation shall be conducted by concert, jointly or
+separately, according to agreement between the governments of Maine and
+New Brunswick.
+
+The civil officers in the service, respectively, of New Brunswick and
+Maine who have been taken into custody by the opposite parties shall be
+released.
+
+Nothing in this memorandum shall be construed to fortify or to weaken
+in any respect whatever the claim of either party to the ultimate
+possession of the disputed territory.
+
+The minister plenipotentiary of Her Britannic Majesty having no specific
+authority to make any arrangement on this subject, the undersigned can
+only recommend, as they now earnestly do, to the governments of New
+Brunswick and Maine to regulate their future proceedings according to
+the terms hereinbefore set forth until the final settlement of the
+territorial dispute or until the Governments of the United States and
+Great Britain shall come to some definite conclusion on the subordinate
+point upon which they are now at issue.
+
+JOHN FORSYTH,
+
+_Secretary of State of the United States of North America_.
+
+H.S. FOX,
+
+_Her Britannic Majesty's Envoy Extraordinary and Minister
+Plenipotentiary_.
+
+
+
+WASHINGTON, _February 27, 1839_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of
+the 22d instant, requesting information on the subject of the existing
+relations between the United States and the Mexican Republic, I transmit
+a report from the Secretary of State, to whom the resolution was
+referred, and the documents by which the report was accompanied.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 28, 1839_.
+
+_To the House of Representatives_:
+
+I transmit herewith a report from the Secretary of the Treasury,
+accompanied by a letter from the Commissioner of the General Land
+Office, and other documents therein referred to, touching certain
+information directed to be communicated to the House of Representatives
+by a resolution dated the 7th of July last.[52]
+
+M. VAN BUREN.
+
+[Footnote 52: Relating to attempts to keep down the price of public
+lands.]
+
+
+
+WASHINGTON, _February 28, 1839_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit herewith a communication from the Secretary of War,
+respecting the importance of requiring the officers who may be employed
+to take the next general census to make a return of the names and ages
+of pensioners, and, for the reasons given by the Secretary of War,
+I recommend the subject for your favorable consideration.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 1, 1839_.
+
+_To the Senate of the United States_:
+
+Understanding from the decision of the Senate that the regulation of the
+Navy Department requiring that a commander "shall serve in active employ
+as such one year before he can be promoted to a captain" does not under
+the circumstances of the case constitute an objection to the promotion
+of Commander Robert F. Stockton, I nominate him to be a captain in the
+Navy from the 8th of December, 1838, at the same time renominating
+Commanders Isaac McKeever and John P. Zantzingers to be captains in the
+Navy, the former from the 8th of December, 1838, and the latter from the
+22d of December, 1838, and withdrawing the nomination of Commander
+William D. Salter.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 1, 1839_.
+
+_To the Senate of the United States_:
+
+I have received the resolution of the Senate of this day, upon the
+subject of a communication made to you by the Postmaster-General on the
+27th ultimo,[53] and have the satisfaction of laying before the Senate
+the accompanying letter from that officer, in which he fully disclaims
+any intended disrespect to the Senate in the communication referred to.
+
+M. VAN BUREN.
+
+[Footnote 53: Stating that the only reason he had not sent an answer to
+a resolution of the Senate was because it was not ready, which was
+considered disrespectful.]
+
+
+
+WASHINGTON, _March 2, 1839_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
+
+I transmit herewith reports of the Secretaries of the State, Treasury,
+War, and Navy Departments, in reply to a resolution of the 28th ultimo,
+calling for information respecting the amounts paid to persons concerned
+in negotiating treaties with the Indians since the year 1829, and in
+regard to the disbursement of public money by clerks in the above
+Departments and the bureaus and offices thereof.
+
+M. VAN BUREN.
+
+
+
+
+VETO MESSAGE.[54]
+
+[Footnote 54: Pocket veto.]
+
+
+MARCH 5, 1839.
+
+The annexed joint resolution was presented to me by Messrs. Foster and
+Merrick, of the Senate, on the 4th of March at half past 3 o'clock a.m.
+at the President's house, after a joint committee had informed me at
+the Capitol that the two Houses had completed their business and were
+ready to adjourn, and had communicated my answer that I had no
+further communication to make to them. The committee of the Senate, on
+presenting the joint resolution for my signature, stated in explanation
+of the circumstance that they were not attended by the Committee on
+Enrolled Bills of the House of Representatives (as is required by the
+joint rules of the two Houses); that that body had adjourned about two
+hours before.
+
+The joint resolution is not certified by the clerk of the House in which
+it originated, as is likewise required by the joint rules. Under these
+circumstances, and without reference to its provisions, I withheld my
+approval from the joint resolution.
+
+M. VAN BUREN.
+
+To be placed on file in the State Department.
+
+M.V.B.
+
+
+
+A RESOLUTION for the distribution in part of the Madison Papers.
+
+_Resolved by the Senate and House of Representatives of the United
+States of America in Congress assembled_, That the Secretary of the
+Senate and Clerk of the House of Representatives be, and they are
+hereby, directed to distribute by mail, or otherwise, to each member
+of the Senate and House of Representatives and Delegates of the
+Twenty-fifth Congress one copy of the compilation now in progress of
+execution under the act entitled "An act authorizing the printing of the
+Madison Papers," when the same shall have been completed; and that of
+the said compilation there be deposited in the Library of Congress ten
+copies, in the Library of the House of Representatives twenty copies,
+and in the office of the Secretary of the Senate ten copies, and one
+copy in each of the committee rooms of the Senate; and that the residue
+of said copies shall remain under the care of the said officers subject
+to the future disposition of Congress.
+
+JAMES K. POLK,
+
+_Speaker of the House of Representatives_.
+
+W.R. KING,
+
+_President of the Senate pro tempore_.
+
+I certify that this resolution did originate in the Senate.
+
+----------,
+
+_Secretary_.
+
+
+
+
+THIRD ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 2, 1839_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+I regret that I can not on this occasion congratulate you that the past
+year has been one of unalloyed prosperity. The ravages of fire and
+disease have painfully afflicted otherwise flourishing portions of our
+country, and serious embarrassments yet derange the trade of many of our
+cities. But notwithstanding these adverse circumstances, that general
+prosperity which has been heretofore so bountifully bestowed upon us
+by the Author of All Good still continues to call for our warmest
+gratitude. Especially have we reason to rejoice in the exuberant
+harvests which have lavishly recompensed well-directed industry and
+given to it that sure reward which is vainly sought in visionary
+speculations. I can not, indeed, view without peculiar satisfaction the
+evidences afforded by the past season of the benefits that spring from
+the steady devotion of the husbandman to his honorable pursuit. No
+means of individual comfort is more certain and no source of national
+prosperity is so sure. Nothing can compensate a people for a dependence
+upon others for the bread they eat, and that cheerful abundance on which
+the happiness of everyone so much depends is to be looked for nowhere
+with such sure reliance as in the industry of the agriculturist and the
+bounties of the earth.
+
+With foreign countries our relations exhibit the same favorable aspect
+which was presented in my last annual message, and afford continued
+proof of the wisdom of the pacific, just, and forbearing policy adopted
+by the first Administration of the Federal Government and pursued by its
+successors. The extraordinary powers vested in me by an act of Congress
+for the defense of the country in an emergency, considered so far
+probable as to require that the Executive should possess ample means to
+meet it, have not been exerted. They have therefore been attended with
+no other result than to increase, by the confidence thus reposed in
+me, my obligations to maintain with religious exactness the cardinal
+principles that govern our intercourse with other nations. Happily,
+in our pending questions with Great Britain, out of which this unusual
+grant of authority arose, nothing has occurred to require its exertion,
+and as it is about to return to the Legislature I trust that no future
+necessity may call for its exercise by them or its delegation to another
+Department of the Government.
+
+For the settlement of our northeastern boundary the proposition promised
+by Great Britain for a commission of exploration and survey has been
+received, and a counter project, including also a provision for the
+certain and final adjustment of the limits in dispute, is now before the
+British Government for its consideration. A just regard to the delicate
+state of this question and a proper respect for the natural impatience
+of the State of Maine, not less than a conviction that the negotiation
+has been already protracted longer than is prudent on the part of either
+Government, have led me to believe that the present favorable moment
+should on no account be suffered to pass without putting the question
+forever at rest. I feel confident that the Government of Her Britannic
+Majesty will take the same view of this subject, as I am persuaded it
+is governed by desires equally strong and sincere for the amicable
+termination of the controversy.
+
+To the intrinsic difficulties of questions of boundary lines, especially
+those described in regions unoccupied and but partially known, is to
+be added in our country the embarrassment necessarily arising out of
+our Constitution by which the General Government is made the organ of
+negotiating and deciding upon the particular interests of the States
+on whose frontiers these lines are to be traced. To avoid another
+controversy in which a State government might rightfully claim to have
+her wishes consulted previously to the conclusion of conventional
+arrangements concerning her rights of jurisdiction or territory, I have
+thought it necessary to call the attention of the Government of Great
+Britain to another portion of our conterminous dominion of which the
+division still remains to be adjusted. I refer to the line from the
+entrance of Lake Superior to the most northwestern point of the Lake of
+the Woods, stipulations for the settlement of which are to be found in
+the seventh article of the treaty of Ghent. The commissioners appointed
+under that article by the two Governments having differed in their
+opinions, made separate reports, according to its stipulations, upon the
+points of disagreement, and these differences are now to be submitted
+to the arbitration of some friendly sovereign or state. The disputed
+points should be settled and the line designated before the Territorial
+government of which it is one of the boundaries takes its place in the
+Union as a State, and I rely upon the cordial cooperation of the British
+Government to effect that object.
+
+There is every reason to believe that disturbances like those which
+lately agitated the neighboring British Provinces will not again prove
+the sources of border contentions or interpose obstacles to the
+continuance of that good understanding which it is the mutual interest
+of Great Britain and the United States to preserve and maintain.
+
+Within the Provinces themselves tranquillity is restored, and on our
+frontier that misguided sympathy in favor of what was presumed to be a
+general effort in behalf of popular rights, and which in some instances
+misled a few of our more inexperienced citizens, has subsided into a
+rational conviction strongly opposed to all intermeddling with the
+internal affairs of our neighbors. The people of the United States feel,
+as it is hoped they always will, a warm solicitude for the success of
+all who are sincerely endeavoring to improve the political condition
+of mankind. This generous feeling they cherish toward the most distant
+nations, and it was natural, therefore, that it should be awakened
+with more than common warmth in behalf of their immediate neighbors;
+but it does not belong to their character as a community to seek the
+gratification of those feelings in acts which violate their duty as
+citizens, endanger the peace of their country, and tend to bring upon
+it the stain of a violated faith toward foreign nations. If, zealous to
+confer benefits on others, they appear for a moment to lose sight of the
+permanent obligations imposed upon them as citizens, they are seldom
+long misled. From all the information I receive, confirmed to some
+extent by personal observation, I am satisfied that no one can now hope
+to engage in such enterprises without encountering public indignation,
+in addition to the severest penalties of the law.
+
+Recent information also leads me to hope that the emigrants from Her
+Majesty's Provinces who have sought refuge within our boundaries are
+disposed to become peaceable residents and to abstain from all attempts
+to endanger the peace of that country which has afforded them an asylum.
+On a review of the occurrences on both sides of the line it is
+satisfactory to reflect that in almost every complaint against our
+country the offense may be traced to emigrants from the Provinces who
+have sought refuge here. In the few instances in which they were aided
+by citizens of the United States the acts of these misguided men were
+not only in direct contravention of the laws and well-known wishes of
+their own Government, but met with the decided disapprobation of the
+people of the United States.
+
+I regret to state the appearance of a different spirit among Her
+Majesty's subjects in the Canadas. The sentiments of hostility to our
+people and institutions which have been so frequently expressed there,
+and the disregard of our rights which has been manifested on some
+occasions, have, I am sorry to say, been applauded and encouraged by
+the people, and even by some of the subordinate local authorities, of
+the Provinces. The chief officers in Canada, fortunately, have not
+entertained the same feeling, and have probably prevented excesses that
+must have been fatal to the peace of the two countries.
+
+I look forward anxiously to a period when all the transactions which
+have grown out of this condition of our affairs, and which have been
+made the subjects of complaint and remonstrance by the two Governments,
+respectively, shall be fully examined, and the proper satisfaction given
+where it is due from either side.
+
+Nothing has occurred to disturb the harmony of our intercourse with
+Austria, Belgium, Denmark, France, Naples, Portugal, Prussia, Russia,
+or Sweden. The internal state of Spain has sensibly improved, and a
+well-grounded hope exists that the return of peace will restore to
+the people of that country their former prosperity and enable the
+Government to fulfill all its obligations at home and abroad. The
+Government of Portugal, I have the satisfaction to state, has paid
+in full the eleventh and last installment due to our citizens for
+the claims embraced in the settlement made with it on the 3d of
+March, 1837.
+
+I lay before you treaties of commerce negotiated with the Kings of
+Sardinia and of the Netherlands, the ratifications of which have been
+exchanged since the adjournment of Congress. The liberal principles
+of these treaties will recommend them to your approbation. That with
+Sardinia is the first treaty of commerce formed by that Kingdom, and
+it will, I trust, answer the expectations of the present Sovereign by
+aiding the development of the resources of his country and stimulating
+the enterprise of his people. That with the Netherlands happily
+terminates a long-existing subject of dispute and removes from our
+future commercial intercourse all apprehension of embarrassment.
+The King of the Netherlands has also, in further illustration of
+his character for justice and of his desire to remove every cause of
+dissatisfaction, made compensation for an American vessel captured in
+1800 by a French privateer, and carried into Curacoa, where the proceeds
+were appropriated to the use of the colony, then, and for a short time
+after, under the dominion of Holland.
+
+The death of the late Sultan has produced no alteration in our
+relations with Turkey. Our newly appointed minister resident has reached
+Constantinople, and I have received assurances from the present ruler
+that the obligations of our treaty and those of friendship will be
+fulfilled by himself in the same spirit that actuated his illustrious
+father.
+
+I regret to be obliged to inform you that no convention for the
+settlement of the claims of our citizens upon Mexico has yet been
+ratified by the Government of that country. The first convention formed
+for that purpose was not presented by the President of Mexico for the
+approbation of its Congress, from a belief that the King of Prussia,
+the arbitrator in case of disagreement in the joint commission to be
+appointed by the United States and Mexico, would not consent to take
+upon himself that friendly office. Although not entirely satisfied with
+the course pursued by Mexico, I felt no hesitation in receiving in the
+most conciliatory spirit the explanation offered, and also cheerfully
+consented to a new convention, in order to arrange the payments
+proposed to be made to our citizens in a manner which, while equally
+just to them, was deemed less onerous and inconvenient to the Mexican
+Government. Relying confidently upon the intentions of that Government,
+Mr. Ellis was directed to repair to Mexico, and diplomatic intercourse
+has been resumed between the two countries. The new convention has, he
+informs us, been recently submitted by the President of that Republic
+to its Congress under circumstances which promise a speedy ratification,
+a result which I can not allow myself to doubt.
+
+Instructions have been given to the commissioner of the United States
+under our convention with Texas for the demarcation of the line which
+separates us from that Republic. The commissioners of both Governments
+met in New Orleans in August last. The joint commission was organized,
+and adjourned to convene at the same place on the 12th of October. It
+is presumed to be now in the performance of its duties.
+
+The new Government of Texas has shown its desire to cultivate friendly
+relations with us by a prompt reparation for injuries complained of in
+the cases of two vessels of the United States.
+
+With Central America a convention has been concluded for the renewal of
+its former treaty with the United States. This was not ratified before
+the departure of our late charge d'affaires from that country, and the
+copy of it brought by him was not received before the adjournment of the
+Senate at the last session. In the meanwhile, the period limited for
+the exchange of ratifications having expired, I deemed it expedient, in
+consequence of the death of the charge d'affaires, to send a special
+agent to Central America to close the affairs of our mission there and
+to arrange with the Government an extension of the time for the exchange
+of ratifications.
+
+The commission created by the States which formerly composed the
+Republic of Colombia for adjusting the claims against that Government
+has by a very unexpected construction of the treaty under which it acts
+decided that no provision was made for those claims of citizens of the
+United States which arose from captures by Colombian privateers and were
+adjudged against the claimants in the judicial tribunals. This decision
+will compel the United States to apply to the several Governments
+formerly united for redress. With all these--New Granada, Venezuela,
+and Ecuador--a perfectly good understanding exists. Our treaty with
+Venezuela is faithfully carried into execution, and that country, in
+the enjoyment of tranquillity, is gradually advancing in prosperity
+under the guidance of its present distinguished President, General Paez.
+With Ecuador a liberal commercial convention has lately been concluded,
+which will be transmitted to the Senate at an early day.
+
+With the great American Empire of Brazil our relations continue
+unchanged, as does our friendly intercourse with the other Governments
+of South America--the Argentine Republic and the Republics of Uruguay,
+Chili, Peru, and Bolivia. The dissolution of the Peru-Bolivian
+Confederation may occasion some temporary inconvenience to our citizens
+in that quarter, but the obligations on the new Governments which have
+arisen out of that Confederation to observe its treaty stipulations will
+no doubt be soon understood, and it is presumed that no indisposition
+will exist to fulfill those which it contracted with the United States.
+
+The financial operations of the Government during the present year have,
+I am happy to say, been very successful. The difficulties under which
+the Treasury Department has labored, from known defects in the existing
+laws relative to the safe-keeping of the public moneys, aggravated by
+the suspension of specie payments by several of the banks holding public
+deposits or indebted to public officers for notes received in payment of
+public dues, have been surmounted to a very gratifying extent. The large
+current expenditures have been punctually met, and the faith of the
+Government in all its pecuniary concerns has been scrupulously
+maintained.
+
+The nineteen millions of Treasury notes authorized by the act of
+Congress of 1837, and the modifications thereof with a view to the
+indulgence of merchants on their duty bonds and of the deposit banks
+in the payment of public moneys held by them, have been so punctually
+redeemed as to leave less than the original ten millions outstanding at
+any one time, and the whole amount unredeemed now falls short of three
+millions. Of these the chief portion is not due till next year, and
+the whole would have been already extinguished could the Treasury have
+realized the payments due to it from the banks. If those due from them
+during the next year shall be punctually made, and if Congress shall
+keep the appropriations within the estimates, there is every reason to
+believe that all the outstanding Treasury notes can be redeemed and the
+ordinary expenses defrayed without imposing on the people any additional
+burden, either of loans or increased taxes.
+
+To avoid this and to keep the expenditures within reasonable bounds is
+a duty second only in importance to the preservation of our national
+character and the protection of our citizens in their civil and
+political rights. The creation in time of peace of a debt likely to
+become permanent is an evil for which there is no equivalent. The
+rapidity with which many of the States are apparently approaching
+to this condition admonishes us of our own duties in a manner too
+impressive to be disregarded. One, not the least important, is to keep
+the Federal Government always in a condition to discharge with ease and
+vigor its highest functions should their exercise be required by any
+sudden conjuncture of public affairs--a condition to which we are always
+exposed and which may occur when it is least expected. To this end
+it is indispensable that its finances should be untrammeled and its
+resources as far as practicable unencumbered. No circumstance could
+present greater obstacles to the accomplishment of these vitally
+important objects than the creation of an onerous national debt. Our
+own experience and also that of other nations have demonstrated the
+unavoidable and fearful rapidity with which a public debt is increased
+when the Government has once surrendered itself to the ruinous practice
+of supplying its supposed necessities by new loans. The struggle,
+therefore, on our part to be successful must be made at the threshold.
+To make our efforts effective, severe economy is necessary. This is the
+surest provision for the national welfare, and it is at the same time
+the best preservative of the principles on which our institutions rest.
+Simplicity and economy in the affairs of state have never failed to
+chasten and invigorate republican principles, while these have been
+as surely subverted by national prodigality, under whatever specious
+pretexts it may have been introduced or fostered.
+
+These considerations can not be lost upon a people who have never been
+inattentive to the effect of their policy upon the institutions they
+have created for themselves, but at the present moment their force is
+augmented by the necessity which a decreasing revenue must impose. The
+check lately given to importations of articles subject to duties, the
+derangements in the operations of internal trade, and especially the
+reduction gradually taking place in our tariff of duties, all tend
+materially to lessen our receipts; indeed, it is probable that the
+diminution resulting from the last cause alone will not fall short of
+$5,000,000 in the year 1842, as the final reduction of all duties to
+20 per cent then takes effect. The whole revenue then accruing from
+the customs and from the sales of public lands, if not more, will
+undoubtedly be wanted to defray the necessary expenses of the Government
+under the most prudent administration of its affairs. These are
+circumstances that impose the necessity of rigid economy and require its
+prompt and constant exercise. With the Legislature rest the power and
+duty of so adjusting the public expenditure as to promote this end.
+By the provisions of the Constitution it is only in consequence of
+appropriations made by law that money can be drawn from the Treasury.
+No instance has occurred since the establishment of the Government in
+which the Executive, though a component part of the legislative power,
+has interposed an objection to an appropriation bill on the sole ground
+of its extravagance. His duty in this respect has been considered
+fulfilled by requesting such appropriations only as the public service
+may be reasonably expected to require. In the present earnest direction
+of the public mind toward this subject both the Executive and the
+Legislature have evidence of the strict responsibility to which they
+will be held; and while I am conscious of my own anxious efforts to
+perform with fidelity this portion of my public functions, it is
+a satisfaction to me to be able to count on a cordial cooperation
+from you.
+
+At the time I entered upon my present duties our ordinary disbursements,
+without including those on account of the public debt, the Post-Office,
+and the trust funds in charge of the Government, had been largely
+increased by appropriations for the removal of the Indians, for
+repelling Indian hostilities, and for other less urgent expenses which
+grew out of an overflowing Treasury. Independent of the redemption of
+the public debt and trusts, the gross expenditures of seventeen and
+eighteen millions in 1834 and 1835 had by these causes swelled to
+twenty-nine millions in 1836, and the appropriations for 1837, made
+previously to the 4th of March, caused the expenditure to rise to the
+very large amount of thirty-three millions. We were enabled during the
+year 1838, notwithstanding the continuance of our Indian embarrassments,
+somewhat to reduce this amount, and that for the present year (1839)
+will not in all probability exceed twenty-six millions, or six millions
+less than it was last year. With a determination, so far as depends
+on me, to continue this reduction, I have directed the estimates for
+1840 to be subjected to the severest scrutiny and to be limited to the
+absolute requirements of the public service. They will be found less
+than the expenditures of 1839 by over $5,000,000.
+
+The precautionary measures which will be recommended by the Secretary
+of the Treasury to protect faithfully the public credit under the
+fluctuations and contingencies to which our receipts and expenditures
+are exposed, and especially in a commercial crisis like the present,
+are commended to your early attention.
+
+On a former occasion your attention was invited to various
+considerations in support of a preemption law in behalf of the settlers
+on the public lands, and also of a law graduating the prices for such
+lands as had long been in the market unsold in consequence of their
+inferior quality. The execution of the act which was passed on the first
+subject has been attended with the happiest consequences in quieting
+titles and securing improvements to the industrious, and it has also
+to a very gratifying extent been exempt from the frauds which were
+practiced under previous preemption laws. It has at the same time, as
+was anticipated, contributed liberally during the present year to the
+receipts of the Treasury.
+
+The passage of a graduation law, with the guards before recommended,
+would also, I am persuaded, add considerably to the revenue for several
+years, and prove in other respects just and beneficial.
+
+Your early consideration of the subject is therefore once more earnestly
+requested.
+
+The present condition of the defenses of our principal seaports and
+navy-yards, as represented by the accompanying report of the Secretary
+of War, calls for the early and serious attention of Congress; and, as
+connecting itself intimately with this subject, I can not recommend too
+strongly to your consideration the plan submitted by that officer for
+the organization of the militia of the United States.
+
+In conformity with the expressed wishes of Congress, an attempt was
+made in the spring to terminate the Florida war by negotiation. It is
+to be regretted that these humane intentions should have been frustrated
+and that the effort to bring these unhappy difficulties to a
+satisfactory conclusion should have failed; but after entering into
+solemn engagements with the commanding general, the Indians, without any
+provocation, recommenced their acts of treachery and murder. The renewal
+of hostilities in that Territory renders it necessary that I should
+recommend to your favorable consideration the plan which will be
+submitted to you by the Secretary of War, in order to enable that
+Department to conduct them to a successful issue.
+
+Having had an opportunity of personally inspecting a portion of the
+troops during the last summer, it gives me pleasure to bear testimony to
+the success of the effort to improve their discipline by keeping them
+together in as large bodies as the nature of our service will permit.
+I recommend, therefore, that commodious and permanent barracks be
+constructed at the several posts designated by the Secretary of War.
+Notwithstanding the high state of their discipline and excellent police,
+the evils resulting to the service from the deficiency of company
+officers were very apparent, and I recommend that the staff officers be
+permanently separated from the line.
+
+The Navy has been usefully and honorably employed in protecting the
+rights and property of our citizens wherever the condition of affairs
+seemed to require its presence. With the exception of one instance,
+where an outrage, accompanied by murder, was committed on a vessel of
+the United States while engaged in a lawful commerce, nothing is known
+to have occurred to impede or molest the enterprise of our citizens on
+that element, where it is so signally displayed. On learning this daring
+act of piracy, Commodore Reed proceeded immediately to the spot, and
+receiving no satisfaction, either in the surrender of the murderers or
+the restoration of the plundered property, inflicted severe and merited
+chastisement on the barbarians.
+
+It will be seen by the report of the Secretary of the Navy respecting
+the disposition of our ships of war that it has been deemed necessary to
+station a competent force on the coast of Africa to prevent a fraudulent
+use of our flag by foreigners.
+
+Recent experience has shown that the provisions in our existing laws
+which relate to the sale and transfer of American vessels while abroad
+are extremely defective. Advantage has been taken of these defects
+to give to vessels wholly belonging to foreigners and navigating the
+ocean an apparent American ownership. This character has been so well
+simulated as to afford them comparative security in prosecuting the
+slave trade--a traffic emphatically denounced in our statutes, regarded
+with abhorrence by our citizens, and of which the effectual suppression
+is nowhere more sincerely desired than in the United States. These
+circumstances make it proper to recommend to your early attention a
+careful revision of these laws, so that without impeding the freedom
+and facilities of our navigation or impairing an important branch of
+our industry connected with it the integrity and honor of our flag may
+be carefully preserved. Information derived from our consul at Havana
+showing the necessity of this was communicated to a committee of the
+Senate near the close of the last session, but too late, as it appeared,
+to be acted upon. It will be brought to your notice by the proper
+Department, with additional communications from other sources.
+
+The latest accounts from the exploring expedition represent it as
+proceeding successfully in its objects and promising results no less
+useful to trade and navigation than to science.
+
+The extent of post-roads covered by mail service on the 1st of July last
+was about 133,999 miles and the rate of annual transportation upon them
+34,496,878 miles. The number of post-offices on that day was 12,780 and
+on the 30th ultimo 13,028.
+
+The revenue of the Post-Office Department for the year ending with the
+30th of June last was $4,476,638, exhibiting an increase over the
+preceding year of $241,560. The engagements and liabilities of the
+Department for the same period are $4,624,117.
+
+The excess of liabilities over the revenue for the last two years
+has been met out of the surplus which had previously accumulated.
+The cash on hand on the 30th ultimo was about $206,701.95, and the
+current income of the Department varies very little from the rate of
+current expenditures. Most of the service suspended last year has been
+restored, and most of the new routes established by the act of 7th July,
+1838, have been set in operation, at an annual cost of $136,963.
+Notwithstanding the pecuniary difficulties of the country, the revenue
+of the Department appears to be increasing, and unless it shall be
+seriously checked by the recent suspension of payment by so many of the
+banks it will be able not only to maintain the present mail service,
+but in a short time to extend it. It is gratifying to witness the
+promptitude and fidelity with which the agents of this Department
+in general perform their public duties.
+
+Some difficulties have arisen in relation to contracts for the
+transportation of the mails by railroad and steamboat companies. It
+appears that the maximum of compensation provided by Congress for the
+transportation of the mails upon railroads is not sufficient to induce
+some of the companies to convey them at such hours as are required for
+the accommodation of the public. It is one of the most important duties
+of the General Government to provide and maintain for the use of the
+people of the States the best practicable mail establishment. To arrive
+at that end it is indispensable that the Post-Office Department shall
+be enabled to control the hours at which the mails shall be carried
+over railroads, as it now does over all other roads. Should serious
+inconveniences arise from the inadequacy of the compensation now
+provided by law, or from unreasonable demands by any of the railroad
+companies, the subject is of such general importance as to require
+the prompt attention of Congress.
+
+In relation to steamboat lines, the most efficient remedy is obvious
+and has been suggested by the Postmaster-General. The War and Navy
+Departments already employ steamboats in their service; and although
+it is by no means desirable that the Government should undertake the
+transportation of passengers or freight as a business, there can be no
+reasonable objection to running boats, temporarily, whenever it may be
+necessary to put down attempts at extortion, to be discontinued as soon
+as reasonable contracts can be obtained.
+
+The suggestions of the Postmaster-General relative to the inadequacy
+of the legal allowance to witnesses in cases of prosecutions for mail
+depredations merit your serious consideration. The safety of the mails
+requires that such prosecutions shall be efficient, and justice to the
+citizen whose time is required to be given to the public demands not
+only that his expenses shall be paid, but that he shall receive a
+reasonable compensation.
+
+The reports from the War, Navy, and Post-Office Departments will
+accompany this communication, and one from the Treasury Department
+will be presented to Congress in a few days.
+
+For various details in respect to the matters in charge of these
+Departments I would refer you to those important documents, satisfied
+that you will find in them many valuable suggestions which will be found
+well deserving the attention of the Legislature.
+
+From a report made in December of last year by the Secretary of State
+to the Senate, showing the trial docket of each of the circuit courts
+and the number of miles each judge has to travel in the performance of
+his duties, a great inequality appears in the amount of labor assigned
+to each judge. The number of terms to be held in each of the courts
+composing the ninth circuit, the distances between the places at which
+they sit and from thence to the seat of Government, are represented to
+be such as to render it impossible for the judge of that circuit to
+perform in a manner corresponding with the public exigencies his term
+and circuit duties. A revision, therefore, of the present arrangement of
+the circuit seems to be called for and is recommended to your notice.
+
+I think it proper to call your attention to the power assumed by
+Territorial legislatures to authorize the issue of bonds by corporate
+companies on the guaranty of the Territory. Congress passed a law in
+1836 providing that no act of a Territorial legislature incorporating
+banks should have the force of law until approved by Congress, but acts
+of a very exceptionable character previously passed by the legislature
+of Florida were suffered to remain in force, by virtue of which bonds
+may be issued to a very large amount by those institutions upon the
+faith of the Territory. A resolution, intending to be a joint one,
+passed the Senate at the same session, expressing the sense of Congress
+that the laws in question ought not to be permitted to remain in force
+unless amended in many material respects; but it failed in the House of
+Representatives for want of time, and the desired amendments have not
+been made. The interests involved are of great importance, and the
+subject deserves your early and careful attention.
+
+The continued agitation of the question relative to the best mode of
+keeping and disbursing the public money still injuriously affects the
+business of the country. The suspension of specie payments in 1837
+rendered the use of deposit banks as prescribed by the act of 1836 a
+source rather of embarrassment than aid, and of necessity placed the
+custody of most of the public money afterwards collected in charge of
+the public officers. The new securities for its safety which this
+required were a principal cause of my convening an extra session of
+Congress, but in consequence of a disagreement between the two Houses
+neither then nor at any subsequent period has there been any legislation
+on the subject. The effort made at the last session to obtain the
+authority of Congress to punish the use of public money for private
+purposes as a crime--a measure attended under other governments with
+signal advantage--was also unsuccessful, from diversities of opinion in
+that body, notwithstanding the anxiety doubtless felt by it to afford
+every practicable security. The result of this is still to leave the
+custody of the public money without those safeguards which have been for
+several years earnestly desired by the Executive, and as the remedy is
+only to be found in the action of the Legislature it imposes on me the
+duty of again submitting to you the propriety of passing a law providing
+for the safe-keeping of the public moneys, and especially to ask that
+its use for private purposes by any officers intrusted with it may be
+declared to be a felony, punishable with penalties proportioned to the
+magnitude of the offense.
+
+These circumstances, added to known defects in the existing laws and
+unusual derangement in the general operations of trade, have during
+the last three years much increased the difficulties attendant on the
+collection, keeping, and disbursement of the revenue, and called forth
+corresponding exertions from those having them in charge. Happily these
+have been successful beyond expectation. Vast sums have been collected
+and disbursed by the several Departments with unexpected cheapness and
+ease, transfers have been readily made to every part of the Union,
+however distant, and defalcations have been far less than might have
+been anticipated from the absence of adequate legal restraints. Since
+the officers of the Treasury and Post-Office Departments were charged
+with the custody of most of the public moneys received by them there
+have been collected $66,000,000, and, excluding the case of the late
+collector at New York, the aggregate amount of losses sustained in the
+collection can not, it is believed, exceed $60,000. The defalcation
+of the late collector at that city, of the extent and circumstances
+of which Congress have been fully informed, ran through all the modes
+of keeping the public money that have been hitherto in use, and was
+distinguished by an aggravated disregard of duty that broke through
+the restraints of every system, and can not, therefore, be usefully
+referred to as a test of the comparative safety of either. Additional
+information will also be furnished by the report of the Secretary of
+the Treasury, in reply to a call made upon that officer by the House
+of Representatives at the last session requiring detailed information
+on the subject of defaults by public officers or agents under each
+Administration from 1789 to 1837. This document will be submitted to
+you in a few days. The general results (independent of the Post-Office,
+which is kept separately and will be stated by itself), so far as they
+bear upon this subject, are that the losses which have been and are
+likely to be sustained by any class of agents have been the greatest by
+banks, including, as required in the resolution, their depreciated paper
+received for public dues; that the next largest have been by disbursing
+officers, and the least by collectors and receivers. If the losses on
+duty bonds are included, they alone will be threefold those by both
+collectors and receivers. Our whole experience, therefore, furnishes the
+strongest evidence that the desired legislation of Congress is alone
+wanting to insure in those operations the highest degree of security
+and facility. Such also appears to have been the experience of other
+nations. From the results of inquiries made by the Secretary of the
+Treasury in regard to the practice among them I am enabled to state
+that in twenty-two out of twenty-seven foreign governments from which
+undoubted information has been obtained the public moneys are kept in
+charge of public officers. This concurrence of opinion in favor of
+that system is perhaps as great as exists on any question of internal
+administration.
+
+In the modes of business and official restraints on disbursing officers
+no legal change was produced by the suspension of specie payments. The
+report last referred to will be found to contain also much useful
+information in relation to this subject.
+
+I have heretofore assigned to Congress my reasons for believing that
+the establishment of an independent National Treasury, as contemplated
+by the Constitution, is necessary to the safe action of the Federal
+Government. The suspension of specie payments in 1837 by the banks
+having the custody of the public money showed in so alarming a degree
+our dependence on those institutions for the performance of duties
+required by law that I then recommended the entire dissolution of that
+connection. This recommendation has been subjected, as I desired it
+should be, to severe scrutiny and animated discussion, and I allow
+myself to believe that notwithstanding the natural diversities of
+opinion which may be anticipated on all subjects involving such
+important considerations, it has secured in its favor as general a
+concurrence of public sentiment as could be expected on one of such
+magnitude.
+
+Recent events have also continued to develop new objections to such a
+connection. Seldom is any bank, under the existing system and practice,
+able to meet on demand all its liabilities for deposits and notes in
+circulation. It maintains specie payments and transacts a profitable
+business only by the confidence of the public in its solvency, and
+whenever this is destroyed the demands of its depositors and note
+holders, pressed more rapidly than it can make collections from its
+debtors, force it to stop payment. This loss of confidence, with its
+consequences, occurred in 1837, and afforded the apology of the banks
+for their suspension. The public then acquiesced in the validity of the
+excuse, and while the State legislatures did not exact from them their
+forfeited charters, Congress, in accordance with the recommendation of
+the Executive, allowed them time to pay over the public money they held,
+although compelled to issue Treasury notes to supply the deficiency thus
+created.
+
+It now appears that there are other motives than a want of public
+confidence under which the banks seek to justify themselves in a refusal
+to meet their obligations. Scarcely were the country and Government
+relieved in a degree from the difficulties occasioned by the general
+suspension of 1837 when a partial one, occurring within thirty months
+of the former, produced new and serious embarrassments, though it had
+no palliation in such circumstances as were alleged in justification
+of that which had previously taken place. There was nothing in the
+condition of the country to endanger a well-managed banking institution;
+commerce was deranged by no foreign war; every branch of manufacturing
+industry was crowned with rich rewards, and the more than usual
+abundance of our harvests, after supplying our domestic wants, had left
+our granaries and storehouses filled with a surplus for exportation.
+It is in the midst of this that an irredeemable and depreciated paper
+currency is entailed upon the people by a large portion of the banks.
+They are not driven to it by the exhibition of a loss of public
+confidence or of a sudden pressure from their depositors or note
+holders, but they excuse themselves by alleging that the current of
+business and exchange with foreign countries, which draws the precious
+metals from their vaults, would require in order to meet it a larger
+curtailment of their loans to a comparatively small portion of the
+community than it will be convenient for them to bear or perhaps safe
+for the banks to exact. The plea has ceased to be one of necessity.
+Convenience and policy are now deemed sufficient to warrant these
+institutions in disregarding their solemn obligations. Such conduct
+is not merely an injury to individual creditors, but it is a wrong to
+the whole community, from whose liberality they hold most valuable
+privileges, whose rights they violate, whose business they derange, and
+the value of whose property they render unstable and insecure. It must
+be evident that this new ground for bank suspensions, in reference to
+which their action is not only disconnected with, but wholly independent
+of, that of the public, gives a character to their suspensions more
+alarming than any which they exhibited before, and greatly increases
+the impropriety of relying on the banks in the transactions of the
+Government.
+
+A large and highly respectable portion of our banking institutions are,
+it affords me unfeigned pleasure to state, exempted from all blame on
+account of this second delinquency. They have, to their great credit,
+not only continued to meet their engagements, but have even repudiated
+the grounds of suspension now resorted to. It is only by such a course
+that the confidence and good will of the community can be preserved, and
+in the sequel the best interests of the institutions themselves
+promoted.
+
+New dangers to the banks are also daily disclosed from the extension
+of that system of extravagant credit of which they are the pillars.
+Formerly our foreign commerce was principally founded on an exchange
+of commodities, including the precious metals, and leaving in its
+transactions but little foreign debt. Such is not now the case. Aided
+by the facilities afforded by the banks, mere credit has become too
+commonly the basis of trade. Many of the banks themselves, not content
+with largely stimulating this system among others, have usurped the
+business, while they impair the stability, of the mercantile community;
+they have become borrowers instead of lenders; they establish their
+agencies abroad; they deal largely in stocks and merchandise; they
+encourage the issue of State securities until the foreign market is
+glutted with them; and, unsatisfied with the legitimate use of their own
+capital and the exercise of their lawful privileges, they raise by large
+loans additional means for every variety of speculation. The disasters
+attendant on this deviation from the former course of business in this
+country are now shared alike by banks and individuals to an extent of
+which there is perhaps no previous example in the annals of our country.
+So long as a willingness of the foreign lender and a sufficient export
+of our productions to meet any necessary partial payments leave the flow
+of credit undisturbed all appears to be prosperous, but as soon as it
+is checked by any hesitation abroad or by an inability to make payment
+there in our productions the evils of the system are disclosed. The
+paper currency, which might serve for domestic purposes, is useless
+to pay the debt due in Europe. Gold and silver are therefore drawn in
+exchange for their notes from the banks. To keep up their supply of coin
+these institutions are obliged to call upon their own debtors, who pay
+them principally in their own notes, which are as unavailable to them as
+they are to the merchants to meet the foreign demand. The calls of the
+banks, therefore, in such emergencies of necessity exceed that demand,
+and produce a corresponding curtailment of their accommodations and
+of the currency at the very moment when the state of trade renders it
+most inconvenient to be borne. The intensity of this pressure on the
+community is in proportion to the previous liberality of credit and
+consequent expansion of the currency. Forced sales of property are made
+at the time when the means of purchasing are most reduced, and the worst
+calamities to individuals are only at last arrested by an open violation
+of their obligations by the banks--a refusal to pay specie for their
+notes and an imposition upon the community of a fluctuating and
+depreciated currency.
+
+These consequences are inherent in the present system. They are not
+influenced by the banks being large or small, created by National
+or State Governments. They are the results of the irresistible laws
+of trade or credit. In the recent events, which have so strikingly
+illustrated the certain effects of these laws, we have seen the bank
+of the largest capital in the Union, established under a national
+charter, and lately strengthened, as we were authoritatively informed,
+by exchanging that for a State charter with new and unusual
+privileges--in a condition, too, as it was said, of entire soundness
+and great prosperity--not merely unable to resist these effects, but
+the first to yield to them.
+
+Nor is it to be overlooked that there exists a chain of necessary
+dependence among these institutions which obliges them to a great extent
+to follow the course of others, notwithstanding its injustice to their
+own immediate creditors or injury to the particular community in which
+they are placed. This dependence of a bank, which is in proportion to
+the extent of its debts for circulation and deposits, is not merely on
+others in its own vicinity, but on all those which connect it with the
+center of trade. Distant banks may fail without seriously affecting
+those in our principal commercial cities, but the failure of the latter
+is felt at the extremities of the Union. The suspension at New York in
+1837 was everywhere, with very few exceptions, followed as soon as it
+was known. That recently at Philadelphia immediately affected the banks
+of the South and West in a similar manner. This dependence of our whole
+banking system on the institutions in a few large cities is not found
+in the laws of their organization, but in those of trade and exchange.
+The banks at that center, to which currency flows and where it is
+required in payments for merchandise, hold the power of controlling
+those in regions whence it comes, while the latter possess no means
+of restraining them; so that the value of individual property and the
+prosperity of trade through the whole interior of the country are made
+to depend on the good or bad management of the banking institutions in
+the great seats of trade on the seaboard.
+
+But this chain of dependence does not stop here. It does not terminate
+at Philadelphia or New York. It reaches across the ocean and ends in
+London, the center of the credit system. The same laws of trade which
+give to the banks in our principal cities power over the whole banking
+system of the United States subject the former, in their turn, to the
+money power in Great Britain. It is not denied that the suspension of
+the New York banks in 1837, which was followed in quick succession
+throughout the Union, was produced by an application of that power, and
+it is now alleged, in extenuation of the present condition of so large
+a portion of our banks, that their embarrassments have arisen from the
+same cause.
+
+From this influence they can not now entirely escape, for it has its
+origin in the credit currencies of the two countries; it is strengthened
+by the current of trade and exchange which centers in London, and is
+rendered almost irresistible by the large debts contracted there by our
+merchants, our banks, and our States. It is thus that an introduction of
+a new bank into the most distant of our villages places the business of
+that village within the influence of the money power in England; it is
+thus that every new debt which we contract in that country seriously
+affects our own currency and extends over the pursuits of our citizens
+its powerful influence. We can not escape from this by making new banks,
+great or small, State or national. The same chains which bind those
+now existing to the center of this system of paper credit must equally
+fetter every similar institution we create. It is only by the extent to
+which this system has been pushed of late that we have been made fully
+aware of its irresistible tendency to subject our own banks and
+currency to a vast controlling power in a foreign land, and it adds
+a new argument to those which illustrate their precarious situation.
+Endangered in the first place by their own mismanagement and again by
+the conduct of every institution which connects them with the center of
+trade in our own country, they are yet subjected beyond all this to the
+effect of whatever measures policy, necessity, or caprice may induce
+those who control the credits of England to resort to. I mean not
+to comment upon these measures, present or past, and much less to
+discourage the prosecution of fair commercial dealing between the two
+countries, based on reciprocal benefits; but it having now been made
+manifest that the power of inflicting these and similar injuries is by
+the resistless law of a credit currency and credit trade equally capable
+of extending their consequences through all the ramifications of our
+banking system, and by that means indirectly obtaining, particularly
+when our banks are used as depositories of the public moneys, a
+dangerous political influence in the United States, I have deemed it my
+duty to bring the subject to your notice and ask for it your serious
+consideration.
+
+Is an argument required beyond the exposition of these facts to show
+the impropriety of using our banking institutions as depositories of
+the public money? Can we venture not only to encounter the risk of
+their individual and mutual mismanagement, but at the same time to place
+our foreign and domestic policy entirely under the control of a foreign
+moneyed interest? To do so is to impair the independence of our
+Government, as the present credit system has already impaired the
+independence of our banks; it is to submit all its important operations,
+whether of peace or war, to be controlled or thwarted, at first by our
+own banks and then by a power abroad greater than themselves. I can not
+bring myself to depict the humiliation to which this Government and
+people might be sooner or later reduced if the means for defending their
+rights are to be made dependent upon those who may have the most
+powerful of motives to impair them.
+
+Nor is it only in reference to the effect of this state of things on the
+independence of our Government or of our banks that the subject presents
+itself for consideration; it is to be viewed also in its relations to
+the general trade of our country. The time is not long passed when a
+deficiency of foreign crops was thought to afford a profitable market
+for the surplus of our industry, but now we await with feverish anxiety
+the news of the English harvest, not so much from motives of commendable
+sympathy, but fearful lest its anticipated failure should narrow the
+field of credit there. Does not this speak volumes to the patriot? Can
+a system be beneficent, wise, or just which creates greater anxiety for
+interests dependent on foreign credit than for the general prosperity of
+our own country and the profitable exportation of the surplus produce of
+our labor?
+
+The circumstances to which I have thus adverted appear to me to afford
+weighty reasons, developed by late events, to be added to those which
+I have on former occasions offered when submitting to your better
+knowledge and discernment the propriety of separating the custody of the
+public money from banking institutions. Nor has anything occurred to
+lessen, in my opinion, the force of what has been heretofore urged.
+The only ground on which that custody can be desired by the banks is
+the profitable use which they may make of the money. Such use would
+be regarded in individuals as a breach of trust or a crime of great
+magnitude, and yet it may be reasonably doubted whether, first and last,
+it is not attended with more mischievous consequences when permitted to
+the former than to the latter. The practice of permitting the public
+money to be used by its keepers, as here, is believed to be peculiar to
+this country and to exist scarcely anywhere else. To procure it here
+improper influences are appealed to, unwise connections are established
+between the Government and vast numbers of powerful State institutions,
+other motives than the public good are brought to bear both on the
+executive and legislative departments, and selfish combinations leading
+to special legislation are formed. It is made the interest of banking
+institutions and their stockholders throughout the Union to use their
+exertions for the increase of taxation and the accumulation of a surplus
+revenue, and while an excuse is afforded the means are furnished for
+those excessive issues which lead to extravagant trading and speculation
+and are the forerunners of a vast debt abroad and a suspension of the
+banks at home.
+
+Impressed, therefore, as I am with the propriety of the funds of the
+Government being withdrawn from the private use of either banks or
+individuals, and the public money kept by duly appointed public agents,
+and believing as I do that such also is the judgment which discussion,
+reflection, and experience have produced on the public mind, I leave the
+subject with you. It is, at all events, essential to the interests of
+the community and the business of the Government that a decision should
+be made.
+
+Most of the arguments that dissuade us from employing banks in the
+custody and disbursement of the public money apply with equal force to
+the receipt of their notes for public dues. The difference is only in
+form. In one instance the Government is a creditor for its deposits, and
+in the other for the notes it holds. They afford the same opportunity
+for using the public moneys, and equally lead to all the evils attendant
+upon it, since a bank can as safely extend its discounts on a deposit
+of its notes in the hands of a public officer as on one made in its own
+vaults. On the other hand, it would give to the Government no greater
+security, for in case of failure the claim of the note holder would be
+no better than that of a depositor.
+
+I am aware that the danger of inconvenience to the public and
+unreasonable pressure upon sound banks have been urged as objections
+to requiring the payment of the revenue in gold and silver. These
+objections have been greatly exaggerated. From the best estimates we may
+safely fix the amount of specie in the country at $85,000,000, and the
+portion of that which would be employed at any one time in the receipts
+and disbursements of the Government, even if the proposed change were
+made at once, would not, it is now, after fuller investigation, believed
+exceed four or five millions. If the change were gradual, several
+years would elapse before that sum would be required, with annual
+opportunities in the meantime to alter the law should experience prove
+it to be oppressive or inconvenient. The portions of the community on
+whose business the change would immediately operate are comparatively
+small, nor is it believed that its effect would be in the least unjust
+or injurious to them.
+
+In the payment of duties, which constitute by far the greater portion of
+the revenue, a very large proportion is derived from foreign commission
+houses and agents of foreign manufacturers, who sell the goods consigned
+to them generally at auction, and after paying the duties out of the
+avails remit the rest abroad in specie or its equivalent. That the
+amount of duties should in such cases be also retained in specie can
+hardly be made a matter of complaint. Our own importing merchants,
+by whom the residue of the duties is paid, are not only peculiarly
+interested in maintaining a sound currency, which the measure in
+question will especially promote, but are from the nature of their
+dealings best able to know when specie will be needed and to procure
+it with the least difficulty or sacrifice. Residing, too, almost
+universally in places where the revenue is received and where the drafts
+used by the Government for its disbursements must concentrate, they have
+every opportunity to obtain and use them in place of specie should it be
+for their interest or convenience. Of the number of these drafts and the
+facilities they may afford, as well as of the rapidity with which the
+public funds are drawn and disbursed, an idea may be formed from the
+fact that of nearly $20,000,000 paid to collectors and receivers during
+the present year the average amount in their hands at any one time has
+not exceeded a million and a half, and of the fifteen millions received
+by the collector of New York alone during the present year the average
+amount held by him subject to draft during each week has been less than
+half a million.
+
+The ease and safety of the operations of the Treasury in keeping the
+public money are promoted by the application of its own drafts to the
+public dues. The objection arising from having them too long outstanding
+might be obviated and they yet made to afford to merchants and banks
+holding them an equivalent for specie, and in that way greatly lessen
+the amount actually required. Still less inconvenience will attend the
+requirement of specie in purchases of public lands. Such purchases,
+except when made on speculation, are in general but single transactions,
+rarely repeated by the same person; and it is a fact that for the
+last year and a half, during which the notes of sound banks have been
+received, more than a moiety of these payments has been voluntarily made
+in specie, being a larger proportion than would have been required in
+three years under the graduation proposed.
+
+It is, moreover, a principle than which none is better settled by
+experience that the supply of the precious metals will always be found
+adequate to the uses for which they are required. They abound in
+countries where no other currency is allowed. In our own States, where
+small notes are excluded, gold and silver supply their place. When
+driven to their hiding places by bank suspensions, a little firmness in
+the community soon restores them in a sufficient quantity for ordinary
+purposes. Postage and other public dues have been collected in coin
+without serious inconvenience even in States where a depreciated paper
+currency has existed for years, and this, with the aid of Treasury
+notes for a part of the time, was done without interruption during the
+suspension of 1837. At the present moment the receipts and disbursements
+of the Government are made in legal currency in the largest portion of
+the Union. No one suggests a departure from this rule, and if it can now
+be successfully carried out it will be surely attended with even less
+difficulty when bank notes are again redeemed in specie.
+
+Indeed, I can not think that a serious objection would anywhere be
+raised to the receipt and payment of gold and silver in all public
+transactions were it not from an apprehension that a surplus in the
+Treasury might withdraw a large portion of it from circulation and lock
+it up unprofitably in the public vaults. It would not, in my opinion,
+be difficult to prevent such an inconvenience from occurring; but the
+authentic statements which I have already submitted to you in regard
+to the actual amount in the public Treasury at any one time during the
+period embraced in them and the little probability of a different state
+of the Treasury for at least some years to come seem to render it
+unnecessary to dwell upon it. Congress, moreover, as I have before
+observed, will in every year have an opportunity to guard against it
+should the occurrence of any circumstances lead us to apprehend injury
+from this source. Viewing the subject in all its aspects, I can not
+believe that any period will be more auspicious than the present for the
+adoption of all measures necessary to maintain the sanctity of our own
+engagements and to aid in securing to the community that abundant supply
+of the precious metals which adds so much to their prosperity and gives
+such increased stability to all their dealings.
+
+In a country so commercial as ours banks in some form will probably
+always exist, but this serves only to render it the more incumbent on
+us, notwithstanding the discouragements of the past, to strive in our
+respective stations to mitigate the evils they produce; to take from
+them as rapidly as the obligations of public faith and a careful
+consideration of the immediate interests of the community will permit
+the unjust character of monopolies; to check, so far as may be
+practicable, by prudent legislation those temptations of interest and
+those opportunities for their dangerous indulgence which beset them on
+every side, and to confine them strictly to the performance of their
+paramount duty--that of aiding the operations of commerce rather than
+consulting their own exclusive advantage. These and other salutary
+reforms may, it is believed, be accomplished without the violation of
+any of the great principles of the social compact, the observance of
+which is indispensable to its existence, or interfering in any way with
+the useful and profitable employment of real capital.
+
+Institutions so framed have existed and still exist elsewhere, giving
+to commercial intercourse all necessary facilities without inflating or
+depreciating the currency or stimulating speculation. Thus accomplishing
+their legitimate ends, they have gained the surest guaranty for their
+protection and encouragement in the good will of the community. Among
+a people so just as ours the same results could not fail to attend a
+similar course. The direct supervision of the banks belongs, from the
+nature of our Government, to the States who authorize them. It is to
+their legislatures that the people must mainly look for action on that
+subject. But as the conduct of the Federal Government in the management
+of its revenue has also a powerful, though less immediate, influence
+upon them, it becomes our duty to see that a proper direction is given
+to it. While the keeping of the public revenue in a separate and
+independent treasury and of collecting it in gold and silver will have
+a salutary influence on the system of paper credit with which all banks
+are connected, and thus aid those that are sound and well managed, it
+will at the same time sensibly check such as are otherwise by at once
+withholding the means of extravagance afforded by the public funds and
+restraining them from excessive issues of notes which they would be
+constantly called upon to redeem.
+
+I am aware it has been urged that this control may be best attained and
+exerted by means of a national bank. The constitutional objections
+which I am well known to entertain would prevent me in any event from
+proposing or assenting to that remedy; but in addition to this, I can
+not after past experience bring myself to think that it can any longer
+be extensively regarded as effective for such a purpose. The history of
+the late national bank, through all its mutations, shows that it was
+not so. On the contrary, it may, after a careful consideration of the
+subject, be, I think, safely stated that at every period of banking
+excess it took the lead; that in 1817 and 1818, in 1823, in 1831, and
+in 1834 its vast expansions, followed by distressing contractions, led
+to those of the State institutions. It swelled and maddened the tides of
+the banking system, but seldom allayed or safely directed them. At a few
+periods only was a salutary control exercised, but an eager desire, on
+the contrary, exhibited for profit in the first place; and if afterwards
+its measures were severe toward other institutions, it was because its
+own safety compelled it to adopt them. It did not differ from them in
+principle or in form; its measures emanated from the same spirit of
+gain; it felt the same temptation to overissues; it suffered from and
+was totally unable to avert those inevitable laws of trade by which it
+was itself affected equally with them; and at least on one occasion, at
+an early day, it was saved only by extraordinary exertions from the same
+fate that attended the weakest institution it professed to supervise.
+In 1837 it failed equally with others in redeeming its notes (though
+the two years allowed by its charter for that purpose had not expired),
+a large amount of which remains to the present time outstanding. It is
+true that, having so vast a capital and strengthened by the use of all
+the revenues of the Government, it possessed more power; but while it
+was itself by that circumstance freed from the control which all banks
+require, its paramount object and inducement were left the same--to
+make the most for its stockholders, not to regulate the currency of the
+country. Nor has it, as far as we are advised, been found to be greatly
+otherwise elsewhere. The national character given to the Bank of England
+has not prevented excessive fluctuations in their currency, and it
+proved unable to keep off a suspension of specie payments, which lasted
+for nearly a quarter of a century. And why should we expect it to be
+otherwise? A national institution, though deriving its charter from a
+different source than the State banks, is yet constituted upon the same
+principles, is conducted by men equally exposed to temptation, and is
+liable to the same disasters, with the additional disadvantage that
+its magnitude occasions an extent of confusion and distress which the
+mismanagement of smaller institutions could not produce. It can scarcely
+be doubted that the recent suspension of the United States Bank of
+Pennsylvania, of which the effects are felt not in that State alone, but
+over half the Union, had its origin in a course of business commenced
+while it was a national institution, and there is no good reason for
+supposing that the same consequences would not have followed had it
+still derived its powers from the General Government. It is in vain,
+when the influences and impulses are the same, to look for a difference
+in conduct or results. By such creations we do, therefore, but increase
+the mass of paper credit and paper currency, without checking their
+attendant evils and fluctuations. The extent of power and the efficiency
+of organization which we give, so far from being beneficial, are in
+practice positively injurious. They strengthen the chain of dependence
+throughout the Union, subject all parts more certainly to common
+disaster, and bind every bank more effectually in the first instance
+to those of our commercial cities, and in the end to a foreign power.
+In a word, I can not but believe that, with the full understanding of
+the operations of our banking system which experience has produced,
+public sentiment is not less opposed to the creation of a national bank
+for purposes connected with currency and commerce than for those
+connected with the fiscal operations of the Government.
+
+Yet the commerce and currency of the country are suffering evils from
+the operations of the State banks which can not and ought not to be
+overlooked. By their means we have been flooded with a depreciated
+paper, which it was evidently the design of the framers of the
+Constitution to prevent when they required Congress to "coin money and
+regulate the value of foreign coins," and when they forbade the States
+"to coin money, emit bills of credit, make anything but gold and silver
+a tender in payment of debts," or "pass any law impairing the obligation
+of contracts." If they did not guard more explicitly against the present
+state of things, it was because they could not have anticipated that the
+few banks then existing were to swell to an extent which would expel to
+so great a degree the gold and silver for which they had provided from
+the channels of circulation, and fill them with a currency that defeats
+the objects they had in view. The remedy for this must chiefly rest with
+the States from whose legislation it has sprung. No good that might
+accrue in a particular case from the exercise of powers not obviously
+conferred on the General Government would authorize its interference or
+justify a course that might in the slightest degree increase at the
+expense of the States the power of the Federal authorities; nor do
+I doubt that the States will apply the remedy. Within the last few
+years events have appealed to them too strongly to be disregarded.
+They have seen that the Constitution, though theoretically adhered to,
+is subverted in practice; that while on the statute books there is no
+legal tender but gold and silver, no law impairing the obligations of
+contracts, yet that in point of fact the privileges conferred on banking
+corporations have made their notes the currency of the country; that the
+obligations imposed by these notes are violated under the impulses of
+interest or convenience, and that the number and power of the persons
+connected with these corporations or placed under their influence give
+them a fearful weight when their interest is in opposition to the spirit
+of the Constitution and laws. To the people it is immaterial whether
+these results are produced by open violations of the latter or by the
+workings of a system of which the result is the same. An inflexible
+execution even of the existing statutes of most of the States would
+redress many evils now endured, would effectually show the banks the
+dangers of mismanagement which impunity encourages them to repeat,
+and would teach all corporations the useful lesson that they are the
+subjects of the law and the servants of the people. What is still
+wanting to effect these objects must be sought in additional
+legislation, or, if that be inadequate, in such further constitutional
+grants or restrictions as may bring us back into the path from which
+we have so widely wandered.
+
+In the meantime it is the duty of the General Government to cooperate
+with the States by a wise exercise of its constitutional powers and
+the enforcement of its existing laws. The extent to which it may do so
+by further enactments I have already adverted to, and the wisdom of
+Congress may yet enlarge them. But above all, it is incumbent upon us
+to hold erect the principles of morality and law, constantly executing
+our own contracts in accordance with the provisions of the Constitution,
+and thus serving as a rallying point by which our whole country may be
+brought back to that safe and honored standard.
+
+Our people will not long be insensible to the extent of the burdens
+entailed upon them by the false system that has been operating on
+their sanguine, energetic, and industrious character, nor to the means
+necessary to extricate themselves from these embarrassments. The weight
+which presses upon a large portion of the people and the States is
+an enormous debt, foreign and domestic. The foreign debt of our
+States, corporations, and men of business can scarcely be less than
+$200,000,000, requiring more than $10,000,000 a year to pay the
+interest. This sum has to be paid out of the exports of the country,
+and must of necessity cut off imports to that extent or plunge the
+country more deeply in debt from year to year. It is easy to see that
+the increase of this foreign debt must augment the annual demand on
+the exports to pay the interest, and to the same extent diminish the
+imports, and in proportion to the enlargement of the foreign debt and
+the consequent increase of interest must be the decrease of the import
+trade. In lieu of the comforts which it now brings us we might have
+our gigantic banking institutions and splendid, but in many instances
+profitless, railroads and canals absorbing to a great extent in interest
+upon the capital borrowed to construct them the surplus fruits of
+national industry for years to come, and securing to posterity no
+adequate return for the comforts which the labors of their hands might
+otherwise have secured. It is not by the increase of this debt that
+relief is to be sought, but in its diminution. Upon this point there
+is, I am happy to say, hope before us; not so much in the return of
+confidence abroad, which will enable the States to borrow more money, as
+in a change of public feeling at home, which prompts our people to pause
+in their career and think of the means by which debts are to be paid
+before they are contracted. If we would escape embarrassment, public and
+private, we must cease to run in debt except for objects of necessity
+or such as will yield a certain return. Let the faith of the States,
+corporations, and individuals already pledged be kept with the most
+punctilious regard. It is due to our national character as well as
+to justice that this should on the part of each be a fixed principle
+of conduct. But it behooves us all to be more chary in pledging it
+hereafter. By ceasing to run in debt and applying the surplus of our
+crops and incomes to the discharge of existing obligations, buying less
+and selling more, and managing all affairs, public and private, with
+strict economy and frugality, we shall see our country soon recover from
+a temporary depression, arising not from natural and permanent causes,
+but from those I have enumerated, and advance with renewed vigor in her
+career of prosperity.
+
+Fortunately for us at this moment, when the balance of trade is greatly
+against us and the difficulty of meeting it enhanced by the disturbed
+state of our money affairs, the bounties of Providence have come to
+relieve us from the consequences of past errors. A faithful application
+of the immense results of the labors of the last season will afford
+partial relief for the present, and perseverance in the same course will
+in due season accomplish the rest. We have had full experience in times
+past of the extraordinary results which can in this respect be brought
+about in a short period by the united and well-directed efforts of a
+community like ours. Our surplus profits, the energy and industry of our
+population, and the wonderful advantages which Providence has bestowed
+upon our country in its climate, its various productions, indispensable
+to other nations, will in due time afford abundant means to perfect the
+most useful of those objects for which the States have been plunging
+themselves of late in embarrassment and debt, without imposing on
+ourselves or our children such fearful burdens.
+
+But let it be indelibly engraved on our minds that relief is not to be
+found in expedients. Indebtedness can not be lessened by borrowing more
+money or by changing the form of the debt. The balance of trade is not
+to be turned in our favor by creating new demands upon us abroad. Our
+currency can not be improved by the creation of new banks or more issues
+from those which now exist. Although these devices sometimes appear to
+give temporary relief, they almost invariably aggravate the evil in the
+end. It is only by retrenchment and reform--by curtailing public and
+private expenditures, by paying our debts, and by reforming our banking
+system--that we are to expect effectual relief, security for the future,
+and an enduring prosperity. In shaping the institutions and policy of
+the General Government so as to promote as far as it can with its
+limited powers these important ends, you may rely on my most cordial
+cooperation.
+
+That there should have been in the progress of recent events doubts in
+many quarters and in some a heated opposition to every change can not
+surprise us. Doubts are properly attendant on all reform, and it is
+peculiarly in the nature of such abuses as we are now encountering to
+seek to perpetuate their power by means of the influence they have been
+permitted to acquire. It is their result, if not their object, to gain
+for the few an ascendency over the many by securing to them a monopoly
+of the currency, the medium through which most of the wants of mankind
+are supplied; to produce throughout society a chain of dependence which
+leads all classes to look to privileged associations for the means of
+speculation and extravagance; to nourish, in preference to the manly
+virtues that give dignity to human nature, a craving desire for
+luxurious enjoyment and sudden wealth, which renders those who seek
+them dependent on those who supply them; to substitute for republican
+simplicity and economical habits a sickly appetite for effeminate
+indulgence and an imitation of that reckless extravagance which
+impoverished and enslaved the industrious people of foreign lands, and
+at last to fix upon us, instead of those equal political rights the
+acquisition of which was alike the object and supposed reward of our
+Revolutionary struggle, a system of exclusive privileges conferred by
+partial legislation. To remove the influences which had thus gradually
+grown up among us, to deprive them of their deceptive advantages, to
+test them by the light of wisdom and truth, to oppose the force which
+they concentrate in their support--all this was necessarily the work of
+time, even among a people so enlightened and pure as that of the United
+States. In most other countries, perhaps, it could only be accomplished
+through that series of revolutionary movements which are too often found
+necessary to effect any great and radical reform; but it is the crowning
+merit of our institutions that they create and nourish in the vast
+majority of our people a disposition and a power peaceably to remedy
+abuses which have elsewhere caused the effusion of rivers of blood and
+the sacrifice of thousands of the human race. The result thus far is
+most honorable to the self-denial, the intelligence, and the patriotism
+of our citizens; it justifies the confident hope that they will carry
+through the reform which has been so well begun, and that they will go
+still further than they have yet gone in illustrating the important
+truth that a people as free and enlightened as ours will, whenever
+it becomes necessary, show themselves to be indeed capable of
+self-government by voluntarily adopting appropriate remedies for every
+abuse, and submitting to temporary sacrifices, however great, to insure
+their permanent welfare.
+
+My own exertions for the furtherance of these desirable objects have
+been bestowed throughout my official career with a zeal that is
+nourished by ardent wishes for the welfare of my country, and by an
+unlimited reliance on the wisdom that marks its ultimate decision on all
+great and controverted questions. Impressed with the solemn obligations
+imposed upon me by the Constitution, desirous also of laying before my
+fellow-citizens, with whose confidence and support I have been so highly
+honored, such measures as appear to me conducive to their prosperity,
+and anxious to submit to their fullest consideration the grounds upon
+which my opinions are formed, I have on this as on preceding occasions
+freely offered my views on those points of domestic policy that seem
+at the present time most prominently to require the action of the
+Government. I know that they will receive from Congress that full and
+able consideration which the importance of the subjects merits, and
+I can repeat the assurance heretofore made that I shall cheerfully and
+readily cooperate with you in every measure that will tend to promote
+the welfare of the Union.
+
+M. VAN BUREN.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+CITY OF WASHINGTON, _December 4, 1839_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit herewith a report from the Secretary of the Treasury,
+exhibiting certain transfers of appropriations that have been made in
+that Department in pursuance of the powers vested in the President of
+the United States by the act of Congress of the 3d of March, 1809,
+entitled "An act further to amend the several acts for the establishment
+and regulation of the Treasury, War, and Navy Departments."
+
+M. VAN BUREN.
+
+
+
+CITY OF WASHINGTON, _December 4, 1839_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit herewith a report from the Secretary of War, which exhibits
+certain transfers of appropriations made in the War Department under the
+authority conferred upon the President of the United States by the acts
+of Congress of March 3, 1809, and May 1, 1820, passed in addition to and
+to amend the several acts for the establishment and regulation of the
+Treasury, War, and Navy Departments.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 11, 1839_.
+
+_To the Senate of the United States_:
+
+I transmit for the consideration and advice of the Senate a treaty
+concluded on the 3d day of September last with the Stockbridge and
+Munsee tribes of Indians, with a report from the Secretary of War and
+other documents in relation to it.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 12, 1839_.
+
+_To the Senate of the United States_:
+
+I nominate the persons named in the accompanying list for promotion and
+appointment in the Army to the several grades annexed to their names, as
+proposed by the Secretary of War.
+
+M. VAN BUREN.
+
+
+
+WAR DEPARTMENT, _December 11, 1839_.
+
+The PRESIDENT OF THE UNITED STATES.
+
+SIR: In submitting the accompanying list[55] of promotions and
+appointments, which I respectfully recommend for your approval, I beg
+leave to call your attention to that part of it which relates to the
+Quartermaster's Department.
+
+The seventh section of the act of 2d of March, 1821, fixing the
+military peace establishment, provides "that there shall be one
+Quartermaster-General; that there shall be two quartermasters with
+the rank, pay, and emoluments of majors of cavalry, and ten assistant
+quartermasters, who shall, in addition to their pay in the line, receive
+a sum not less than ten nor more than twenty dollars per month, to be
+regulated by the Secretary of War."
+
+The third section of the act of the 18th May, 1826, provides for "two
+additional quartermasters and ten assistant quartermasters, to be taken
+from the line of the Army, who shall have the same rank and compensation
+as are provided for like grades by the act of the 2d March, 1821," above
+quoted; that is to say, the two additional quartermasters shall have the
+"rank, pay, and emoluments of majors of cavalry," and the ten additional
+assistant quartermasters "shall, in addition to their pay in the line,
+receive a sum not less than $10 nor more than $20 per month."
+
+The ninth section of the act of the 5th July, 1838, provides "that the
+President of the United States be authorized, by and with the advice and
+consent of the Senate, to add to the Quartermaster's Department not
+exceeding two assistant quartermasters-general with the rank of colonel,
+two deputy quartermasters-general with the rank of lieutenant-colonel,
+and eight assistant quartermasters with the rank of captain; that the
+assistant quartermasters now in service shall have the same rank as is
+provided by this act for those hereby authorized: ... _Provided_, That
+all the appointments in the Quartermaster's Department shall be made
+from the Army, ... and that promotions in said Department shall take
+place as in regiments and corps."
+
+These are believed to be the only laws now in force which provide for
+the organization of the Quartermaster's Department, and they are here
+cited with a view to a full and clear understanding of the question of
+precedence of rank between certain officers of that Department.
+
+Prior to the act of the 5th of July, 1838, last quoted, the assistant
+quartermasters were selected from the several regiments of the line to
+perform duty in the Quartermaster's Department. They were never
+commissioned in the Department; they merely received letters of
+appointment as assistant quartermasters, and were allowed the additional
+pay provided by the act of the 2d March, 1821, and 16th May, 1826. They
+held no rank in the Department separate from their rank in the line, and
+were liable to be returned to their regiments according to the wants of
+the service or at the pleasure of the President. In completing the
+organization of the Department provided by the act of 5th July. 1838,
+several officers were selected from regiments for appointment as
+assistant quartermasters whose lineal rank was greater than that held by
+the assistant quartermasters then doing duty in the Department, and on
+the 7th of July, the list being nearly completed, it was submitted to
+the Senate for confirmation. All the assistant quartermasters thus
+submitted to the Senate were confirmed to take rank from the 7th of
+July, and in the order they were nominated, which was according to their
+seniority in the line and agreeably to what was conceived to be the
+intention of the law. Had the opposite course been pursued, the
+lieutenants serving in the Department must either have outranked some of
+the captains selected or else the selections must have been confined
+altogether to the subaltern officers of the Army. It will appear,
+therefore, that the relative rank of these officers has been properly
+settled, both by a fair construction of the law and the long-established
+regulation of the service which requires that "in cases where
+commissions of the same grade and date interfere a retrospect is to be
+had to former commissions in actual service at the time of appointment."
+But as several of the assistant quartermasters who were doing duty in
+the Department prior to the act of the 5th of July, 1838, have felt
+themselves aggrieved by this construction of the law, and have urged a
+consideration of their claims to priority of rank, I have felt it my
+duty to lay their communications before you, with a view to their being
+submitted to the Senate with the accompanying list,[55] should you think
+proper to do so.
+
+I have the honor to be, very respectfully, your most obedient servant,
+
+J.R. POINSETT.
+
+[Footnote 55: Omitted.]
+
+
+
+WASHINGTON, _December 17, 1839_.
+
+Hon. WM. R. KING,
+
+_President of the Senate_.
+
+SIR: I transmit herewith a report made to me by the Secretary of the
+Treasury, with accompanying documents, in regard to some difficulties
+which have occurred concerning the kind of papers deemed necessary to be
+provided by law for the use and protection of American vessels engaged
+in the whale fisheries, and would respectfully invite the consideration
+of Congress to some new legislation on a subject of so much interest and
+difficulty.
+
+M. VAN BUREN.
+
+[The same message was addressed to the Speaker of the House of
+Representatives.]
+
+
+
+WASHINGTON CITY, _December 23, 1839_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I herewith communicate to Congress copies of a letter from the governor
+of Iowa to the Secretary of State and of the documents transmitted with
+it, on the subject of a dispute respecting the boundary line between
+that Territory and the State of Missouri. The disagreement as to the
+extent of their respective jurisdictions has produced a state of
+such great excitement that I think it necessary to invite your early
+attention to the report of the commissioner appointed to run the line
+in question under the act of the 18th of June, 1838, which was sent
+to both Houses of Congress by the Secretary of State on the 30th of
+January last.
+
+M. VAN BUREN.
+
+
+
+DECEMBER 24, 1839.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit herewith to Congress a report from the Secretary of State,
+on the subject of the law providing for taking the Sixth Census of the
+United States, to which I invite your early attention.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 28, 1839_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I herewith transmit a report from the Secretary of the Treasury, in
+relation to the employment of steam vessels in the Revenue-Cutter
+Service, and recommend the subject to the special and favorable
+consideration of Congress.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 30, 1839_.
+
+_To the Senate and House of Representatives_:
+
+I transmit to Congress copies of a communication from Governor Lucas,
+and of additional documents, in relation to the disputed boundary line
+between the Territory of Iowa and the State of Missouri.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 31, 1839_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress a report from the Secretary of State, in
+relation to applications on the part of France for the extension to
+vessels coming from the colonies of French Guiana and Senegal of the
+benefits granted by the act of the 9th of May, 1828, to vessels of the
+same nation coming from the islands of Guadaloupe and Martinique, and
+for the repayment of duties levied in the district of Newport upon the
+French ship _Alexandre_ and part of her cargo. The circumstances under
+which these duties were demanded being, as stated by the Secretary
+of the Treasury, of a character to entitle the parties to relief,
+I recommend the adoption of the necessary legislative provisions to
+authorize their repayment. I likewise invite your attention to the
+evidence contained in the accompanying documents as to the treatment of
+our vessels in the port of Cayenne, which will doubtless be found by
+Congress such as to authorize the application to French vessels coming
+from that colony of the liberal principles of reciprocity which have
+hitherto governed the action of the legislature in analogous cases.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 6, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I herewith communicate to Congress copies of a communication received
+from the chief magistrate of the State of Maryland in respect to the
+cession to that State of the interest of the General Government in
+the Chesapeake and Ohio Canal. Having no authority to enter into the
+proposed negotiation, I can only submit the subject to the consideration
+of Congress. That body will, I am confident, give to it a careful and
+favorable consideration and adopt such measures in the premises within
+their competency as will be just to the State of Maryland and to all the
+other interests involved.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _January 8, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit herewith for your consideration and action a communication
+from the Secretary of War, which is accompanied by documents from the
+military and topographical engineer bureaus, referred to in his late
+annual report as relating to the system of internal improvement carried
+on by the General Government, and showing the operations during the past
+year in that branch of the public service intrusted to the topographical
+bureau.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _January 8, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+In addition to the papers accompanying my messages of the 23d and
+30th ultimo, I communicate to Congress a copy of a letter, with its
+inclosure, since received at the Department of State from the governor
+of Iowa, in relation to the disputed boundary between that Territory and
+the State of Missouri.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _January 8, 1840_.
+
+_To the Senate of the United States_:
+
+In compliance with a resolution that passed the Senate the 30th ultimo,
+calling for information as to the banks which had recently suspended
+specie payments and those which had resumed, as well as the cases where
+they had refused payment of the public demands in specie, with several
+other particulars, I requested the different Departments to prepare
+reports on the whole subject so far as connected with the business with
+each.
+
+Having received an answer from the Treasury Department which, with the
+documents annexed, will probably cover most of the inquiries, I herewith
+submit the same to your consideration, and will present the reports from
+the other Departments so soon as they are completed.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 10, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, in compliance with a resolution of the 30th
+ultimo, the proceedings of the court of inquiry in the case of
+Lieutenant-Colonel Brant,[56] held at St. Louis in November last, and
+the papers connected therewith, together with a copy of that officer's
+resignation.
+
+The report of the Secretary of War which accompanies these papers
+contains the reasons for withholding the proceedings of the
+court-martial.
+
+M. VAN BUREN.
+
+[Footnote 56: Relating to his administration of the affairs of the
+Quartermaster's Department at St. Louis.]
+
+
+
+WASHINGTON, _January 11, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with its resolutions of the 30th
+ultimo, two reports of the Secretary of State, containing the answers of
+the Commissioner of Patents and the disbursing agent of the Department
+of State to the inquiries embraced in said resolutions.[57]
+
+M. VAN BUREN.
+
+[Footnote 57: Relating to the sale or exchange of Government drafts,
+etc.]
+
+
+
+WASHINGTON, _January 11, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report and statement of the Secretary of the
+Treasury, furnishing the information called for by the resolution of the
+30th ultimo, in relation to the amount of money drawn from the Treasury
+in each of the five years preceding the commencement of the present
+session of Congress, except the amount drawn under the special pension
+laws. The statement showing the amount, it will be seen from the
+accompanying communication of the Secretary of War, will take some
+little time, but will be prepared as early as possible and transmitted.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 13, 1840_.
+
+_To the Senate of the United States_:
+
+I again submit to you the amended treaty of June 11, 1838, with the
+New York Indians. It is accompanied by minutes of the proceedings of
+a council held with them at Cattaraugus on the 13th and 14th days of
+August, 1839, at which were present on the part of the United States the
+Secretary of War and on the part of the State of Massachusetts General
+H.A.S. Dearborn, its commissioner; by various documentary testimony, and
+by a memorial presented in behalf of the several committees on Indian
+concerns appointed by the four yearly meetings of Friends of Genesee,
+New York, Philadelphia, and Baltimore. In the latter document the
+memorialists not only insist upon the irregularity and illegality of the
+negotiation, but urge a variety of considerations which appear to them
+to be very conclusive against the policy of the removal itself. The
+motives by which they have been induced to take so deep an interest
+in the subject are frankly set forth, and are doubtless of the most
+beneficent character. They have, however, failed to remove my decided
+conviction that the proposed removal, if it can be accomplished by
+proper means, will be alike beneficial to the Indians, to the State
+in which the land is situated, and to the more general interest of
+the United States upon the subject of Indian affairs.
+
+The removal of the New York Indians is not only important to the tribes
+themselves, but to an interesting portion of western New York, and
+especially to the growing city of Buffalo, which is surrounded by lands
+occupied by the Senecas. To the Indians themselves it presents the only
+prospect of preservation. Surrounded as they are by all the influences
+which work their destruction, by temptation they can not resist and
+artifices they can not counteract, they are rapidly declining, and,
+notwithstanding the philanthropic efforts of the Society of Friends,
+it is believed that where they are they must soon become extinct; and
+to this portion of our country the extraordinary spectacle is presented
+of densely populated and highly improved settlements inhabited by
+industrious, moral, and respectable citizens, divided by a wilderness
+on one side of which is a city of more than 20,000 souls, whose
+advantageous position in every other respect and great commercial
+prospects would insure its rapid increase in population and wealth
+if not retarded by the circumstance of a naturally fertile district
+remaining a barren waste in its immediate vicinity. Neither does it
+appear just to those who are entitled to the fee simple of the land,
+and who have paid a part of the purchase money, that they should suffer
+from the waste which is constantly committed upon their reversionary
+rights and the great deterioration of the land consequent upon such
+depredations without any corresponding advantage to the Indian
+occupants.
+
+The treaty, too, is recommended by the liberality of its provisions.
+The cession contained in the first article embraces the right, title,
+and interest secured to "the Six Nations of the New York Indians and
+St. Regis tribe" in lands at Green Bay by the Menomonee treaty of 8th
+February, 1831, the supplement thereto of 17th of same month, and the
+conditions upon which they were ratified by the Senate, except a tract
+on which a part of the New York Indians now reside. The Menomonee treaty
+assigned them 500,000 acres, coupled with the original condition that
+they should remove to them within three years after the date of the
+treaty, modified by the supplement so as to empower the President to
+prescribe the term within which they should remove to the Green Bay
+lands, and that if they neglected to do so within the period limited
+so much of the land as should be unoccupied by them at the termination
+thereof should revert to the United States. To these lands the New
+York Indians claimed title, which was resisted, and, for quieting
+the controversy, by the treaty of 1831 the United States paid a large
+consideration; and it will be seen that by using the power given in the
+treaty the Executive might put an end to the Indian claim. Instead of
+this harsher measure, for a grant of all their interest in Wisconsin,
+which, deducting the land in the actual occupancy of New York Indians,
+amounts to about 435,000 acres, the treaty as amended by the Senate
+gives 1,824,000 acres of lands in the West and the sum of $400,000 for
+their removal and subsistence, for education and agricultural purposes,
+the erection of mills and the necessary houses, and the promotion of
+the mechanic arts. Besides, there are special money provisions for the
+Cayugas, the Onondagas, the Oneidas of New York, the Tuscaroras, and
+St. Regis Indians, and an engagement to receive from Ogden and Fellows
+for the Senecas $202,000; to invest $100,000 of this sum in safe stocks
+and to distribute $102,000 among the owners of improvements in New York
+according to an appraisement; to sell for the Tuscaroras 5,000 acres
+of land they hold in Niagara County, N.Y., and to invest the proceeds,
+exclusive of what may be received for improvements, "the income from
+which shall be paid to the nation at their new homes annually, and the
+money which shall be received for improvements on said lands shall
+be paid to the owners of the improvements when the lands are sold."
+These are the substantial parts of the treaty, and are so careful of
+Indian advantage that one might suppose they would be satisfactory to
+those most anxious for their welfare. The right they cede could be
+extinguished by a course that treaty provisions justify and authorize.
+So long as they persevere in their determination to remain in New York
+it is of no service to them, and for this naked right it is seen what
+the United States propose to give them besides the sum of $202,000,
+which will be due from the purchasers of their occupant right to the
+Senecas, and $9,600 to the Tuscaroras for their title to 1,920 acres
+of land in Ontario County, N.Y., exclusive of the 5,000 acres above
+mentioned.
+
+But whilst such are my views in respect to the measure itself, and while
+I shall feel it to be my duty to labor for its accomplishment by the
+proper use of all the means that are or shall be placed at my disposal
+by Congress, I am at the same time equally desirous to avoid the use of
+any which are inconsistent with those principles of benevolence and
+justice which I on a former occasion endeavored to show have in the main
+characterized the dealings of the Federal Government with the Indian
+tribes from the Administration of President Washington to the present
+time. The obstacles to the execution of the treaty grow out of the
+following considerations: The amended treaty was returned to me by your
+body at the close of its last session, accompanied by a resolution
+setting forth that "whenever the President of the United States shall be
+satisfied that the assent of the Seneca tribe of Indians has been given
+to the amended treaty of June 11, 1838, with the New York Indians,
+according to the true intent and meaning of the resolution of the 11th
+of June, 1838, the Senate recommend that the President make proclamation
+of said treaty and carry the same into effect." The resolution of the
+11th of June, 1838, provided that "the said treaty shall have no force
+or effect whatever as relates to any of the said tribes, nations, or
+bands of New York Indians, nor shall it be understood that the Senate
+have assented to any of the contracts connected with it until the same,
+with the amendments herein proposed, is submitted and fully explained
+by the commissioner of the United States to each of the said tribes or
+bands separately assembled in council, and they have given their free
+and voluntary consent thereto." The amended treaty was submitted to the
+chiefs of the several tribes and its provisions explained to them in
+council. A majority of the chiefs of each of the tribes of New York
+Indians signed the treaty in council, except the Senecas. Of them only
+16 signed in council, 13 signed at the commissioner's office, and 2, who
+were confined by indisposition, at home. This was reported to the War
+Department in October, 1838, and in January, 1839, a final return of
+the proceedings of the commissioner was made, by which it appeared that
+41 signatures of chiefs, including 6 out of the 8 sachems of the nation,
+had been affixed to the treaty. The number of chiefs of the Seneca
+Nation entitled to act for the people is variously estimated from
+74 to 80, and by some at a still higher number. Thus it appears that,
+estimating the number of chiefs at 80--and it is believed there are at
+least that number--there was only a bare majority of them who signed the
+treaty, and only 16 gave their assent to it in council. The Secretary of
+War was under these circumstances directed to meet the chiefs of the New
+York Indians in council, in order to ascertain, if possible, the views
+of the several tribes, and especially of the Senecas, in relation to
+the amended treaty. He did so in the month of August last, and the
+minutes of the proceedings of that council are herewith submitted.
+Much opposition was manifested by a party of the Senecas, and from some
+cause or other some of the chiefs of the other tribes who had in former
+councils consented to the treaty appeared to be now opposed to it.
+Documents were presented showing that some of the Seneca chiefs had
+received assurances of remuneration from the proprietors of the land,
+provided they assented to the treaty and used their influence to obtain
+that of the nation, while testimony was offered on the other side to
+prove that many had been deterred from signing and taking part in favor
+of the treaty by threats of violence, which, from the late intelligence
+of the cruel murders committed upon the signers of the Cherokee treaty,
+produced a panic among the partisans of that now under consideration.
+Whatever may have been the means used by those interested in the fee
+simple of these lands to obtain the assent of Indians, it appears from
+the disinterested and important testimony of the commissioner appointed
+by the State of Massachusetts that the agent of the Government acted
+throughout with the utmost fairness, and General Dearborn declares
+himself to be perfectly satisfied that were it not for the unremitted
+and disingenuous exertions of a certain number of white men who are
+actuated by their private interests, to induce the chiefs not to assent
+to the treaty, it would immediately have been approved by an immense
+majority--an opinion which he reiterated at Cattaraugus. Statements were
+presented to the Secretary of War at Cattaraugus to show that a vast
+majority of the New York Indians were adverse to the treaty, but no
+reasonable doubt exists that the same influence which obtained this
+expression of opinion would, if exerted with equal zeal on the other
+side, have produced a directly opposite effect and shown a large
+majority in favor of emigration. But no advance toward obtaining the
+assent of the Seneca tribe to the amended treaty in council was made,
+nor can the assent of a majority of them in council be now obtained.
+In the report of the committee of the Senate, upon the subject of this
+treaty, of the 28th of February last it is stated as follows:
+
+  But it is in vain to contend that the signatures of the last ten, which
+  were obtained on the second mission, or of the three who have sent on
+  their assent lately, is such a signing as was contemplated by the
+  resolution of the Senate. It is competent, however, for the Senate to
+  waive the usual and customary forms in this instance and consider the
+  signatures of these last thirteen as good as though they had been
+  obtained in open council. But the committee can not recommend the
+  adoption of such a practice in making treaties, for divers good reasons,
+  which must be obvious to the Senate; and among those reasons against
+  these secret individual negotiations is the distrust created that the
+  chiefs so acting are doing what a majority of their people do not
+  approve of, or else that they are improperly acted upon by bribery or
+  threats or unfair influences. In this case we have most ample
+  illustrations. Those opposed to the treaty accuse several of those who
+  signed their assent to the amended treaty with having been bribed, and
+  in at least one instance they make out the charge very clearly.
+
+Although the committee, being four in number, were unable to agree upon
+any recommendation to the Senate, it does not appear that there was any
+diversity of opinion amongst them in regard to this part of the report.
+The provision of the resolution of the Senate of the 11th of June,
+1838, requiring the assent of each of the said tribes of Indians to
+the amended treaty to be given in council, and which was also made a
+condition precedent to the recommendation to me of the Senate of the 2d
+of March, 1839, to carry the same into effect, has not, therefore, been
+complied with as it respects the Seneca tribe.
+
+It is, however, insisted by the advocates for the execution of the
+treaty that it was the intention of the Senate by their resolution of
+the 2d of March, 1839, to waive so much of the requirement of that
+of the 11th of June, 1838, as made it necessary that the assent of
+the different tribes should be given in council. This assumption is
+understood to be founded upon the circumstances that the fact that
+only sixteen of the chiefs had given their assent in that form had
+been distinctly communicated to the Senate before the passage of the
+resolution of the 2d of March, and that instead of being a majority that
+number constituted scarcely one-fifth of the whole number of chiefs, and
+it is hence insisted that unless the Senate had so intended there would
+have been no use in sending the amended treaty to the President with the
+advice contained in that resolution. This has not appeared to me to be
+a necessary deduction from the foregoing facts, as the Senate may have
+contemplated that the assent of the tribe in the form first required
+should be thereafter obtained, and before the treaty was executed, and
+the phraseology of the resolution, viz, "that whenever the President
+shall be satisfied," etc., goes far to sustain this construction. The
+interpretation of the acts of the Senate set up by the advocates for the
+treaty is, moreover, in direct opposition to the disclaimer contained in
+the report of the committee which has been adverted to. It is at best an
+inference only, in respect to the truth of which the Senate can alone
+speak with certainty, and which could not with propriety be regarded
+as justifying the desired action in relation to the execution of the
+treaty.
+
+This measure is further objected to on the ground of improper
+inducements held out to the assenting chiefs by the agents of the
+proprietors of the lands, which, it is insisted, ought to invalidate
+the treaty if even the requirement that the assent of the chiefs should
+be given in council was dispensed with. Documentary evidence upon
+this subject was laid before you at the last session, and is again
+communicated, with additional evidence upon the same point. The charge
+appears by the proceedings of the Senate to have been investigated by
+your committee, but no conclusion upon the subject formed other than
+that which is contained in the extract from the report of the committee
+I have referred to, and which asserts that at least in one instance the
+charge of bribery has been clearly made out. That improper means have
+been employed to obtain the assent of the Seneca chiefs there is every
+reason to believe, and I have not been able to satisfy myself that
+I can, consistently with the resolution of the Senate of the 2d of
+March, 1839, cause the treaty to be carried into effect in respect to
+the Seneca tribe.
+
+You will perceive that this treaty embraces the Six Nations of New York
+Indians, occupying different reservations, but bound together by common
+ties, and it will be expedient to decide whether in the event of that
+part of it which concerns the Senecas being rejected it shall be
+considered valid in relation to the other tribes, or whether the whole
+confederacy shall share one fate. In the event of the Senate not
+advising the ratification of the amended treaty, I invite your attention
+to the proposal submitted by the dissentients to authorize a division
+of the lands, so that those who prefer it may go West and enjoy the
+advantages of a permanent home there, and of their proportion of the
+annuities now payable, as well as of the several pecuniary and other
+beneficiary provisions of the amended treaty.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _January 17, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a communication and statement from the Secretary
+of War, containing the balance of the information, not heretofore
+furnished, called for by a resolution of the 30th ultimo, in relation
+to the amount of money drawn from the Treasury during the five years
+immediately preceding the commencement of the present session of
+Congress, in consequence of the legislation of that body upon private
+claims.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 20, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit a report from the Secretary of State, explaining the causes
+which have prevented a compliance with the resolution of Congress for
+the distribution of the Biennial Register.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for their consideration with a view to its
+ratification, a treaty of peace, friendship, navigation, and commerce
+between the United States of America and the Republic of Ecuador, signed
+at Quito on the 13th day of June last. With a view to enable the Senate
+to understand the motives which led to this compact, the progress of
+its negotiation, and the grounds upon which it was concluded, I also
+communicate a copy of the instructions from the Secretary of State to
+Mr. Pickett in relation to it, and the original official dispatches of
+the latter. It is requested that the dispatches may be returned when
+the convention shall have been disposed of by the Senate.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 21, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, in compliance with the request of the governor
+of Massachusetts, a copy of a letter addressed to him by one of the
+chiefs of the Seneca tribe of Indians in the State of New York, written
+on behalf of that portion of the tribe opposed to the treaty of Buffalo.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 22, 1840_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 17th instant,
+I communicate a report and documents from the Secretary of State and
+a report from the Secretary of War.[58]
+
+M. VAN BUREN.
+
+[Footnote 58: Transmitting correspondence with the British Government
+on the subject of the northeastern boundary and the jurisdiction of the
+disputed territory; also with the governor of Maine and the minister of
+Great Britain relative to the invasion of Maine, etc.]
+
+
+
+WASHINGTON, _January 23, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I herewith transmit a communication from the Secretary of the Treasury,
+inclosing a letter addressed to him from the Solicitor of the Treasury,
+and have to invite the earliest attention of Congress to the subject
+contained therein.[59]
+
+M. VAN BUREN.
+
+[Footnote 59: Relating to the discharge of liens and incumbrances upon
+real estate which has or may become the property of the United States.]
+
+
+
+WASHINGTON, _January 25, 1840_.
+
+_To the Senate of the United States_:
+
+The accompanying report[60] from the Secretary of State is, with its
+inclosures, communicated to the Senate in compliance with their
+resolution of the 14th instant.
+
+M. VAN BUREN.
+
+[Footnote 60: Relating to the compensation by Great Britain in the case
+of the brigs _Enterprise, Encomium_, and _Comet_, slaves on board which
+were forcibly seized and detained by local authorities of Bermuda and
+Bahama islands.]
+
+
+
+WASHINGTON, _January 25, 1840_.
+
+The PRESIDENT OF THE SENATE.
+
+SIR: I transmit a report from the Secretary of the Navy, containing
+information required by a resolution of the Senate of the 2d of March,
+1839, in relation to the military and naval defenses of the United
+States.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _January 28, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I present for your information a communication from the Secretary of
+War, accompanied by a report and documents from the Chief Engineer, in
+relation to certain works[61] under the superintendence of that officer
+during the past year. These documents were intended as a supplement to
+the annual report of the Chief Engineer, which was laid before Congress
+at the commencement of the session.
+
+M. VAN BUREN.
+
+[Footnote 61: Operations in the Missouri, Arkansas, Ohio, and
+Mississippi rivers, etc.]
+
+
+
+WASHINGTON, _January 29, 1840_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, with reference to their resolutions
+of the 17th instant, copies of two official notes which have passed
+subsequently to the date of my message of the 22d between the Secretary
+of State and the British minister at Washington, containing additional
+information in answer to the resolutions referred to.
+
+M. VAN BUREN.
+
+
+
+_Mr. Fox to Mr. Forsyth_.
+
+WASHINGTON, _January 26, 1840_.
+
+Hon. JOHN FORSYTH, etc.:
+
+The undersigned, Her Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has the honor to acquaint Mr. Forsyth,
+Secretary of State of the United States, that since the date of his
+last official note, of the 12th instant, he has been furnished by Her
+Majesty's authorities in North America with more correct information
+than he then possessed respecting certain reported movements of British
+troops within the disputed territory, which formed the subject of a part
+of that official note, as well as of the two official notes addressed by
+the Secretary of State to the undersigned on the 24th of December and
+on the 16th of the present month. The same reported movements of troops
+were referred to in a recent message from the governor of Maine to
+the legislature of the State, and also in a published official letter
+addressed by the governor of Maine to the President of the United States
+on the 23d of December.
+
+It appears from accurate information now in the possession of the
+undersigned that the governor of Maine and through him the President
+and General Government of the United States have been misinformed as to
+the facts. In the first place, no reenforcement has been marched to the
+British post at the Lake Temiscouata; the only change occurring there
+has been the relief of a detachment of Her Majesty's Twenty-fourth
+Regiment by a detachment of equal force of the Eleventh Regiment, this
+force of one company being now stationed at the Temiscouata post, as
+it always has been, for the necessary purpose of protecting the stores
+and accommodations provided for the use of Her Majesty's troops who
+may be required, as heretofore, to march by that route to and from the
+Provinces of Canada and New Brunswick. In the second place, it is not
+true that the British authorities either have built or are building
+barracks on both sides of the St. John River or at the mouth of the
+Madawaska River; no new barracks have in fact been built anywhere.
+In the third place, Her Majesty's authorities are not concentrating a
+military force at the Grand Falls; the same trifling force of sixteen
+men is now stationed at the post of the Grand Falls which has been
+stationed there for the last twelvemonth. It was perhaps, however,
+needless for the undersigned to advert to this last matter at all,
+as the post of the Grand Falls is beyond the bounds of the disputed
+territory and within the acknowledged limits of New Brunswick.
+
+The undersigned, while conveying the above information upon a matter of
+fact to the Secretary of State of the United States, takes occasion to
+repeat distinctly his former declaration that there exists no intention
+on the part of Her Majesty's authorities to infringe the terms of those
+provisional agreements which were entered into at the beginning of
+last year so long as there is reason to trust that the same will be
+faithfully adhered to by the opposite party; but it is the duty of
+the undersigned at the same time clearly to state that Her Majesty's
+authorities in North America, taking into view the attitude assumed by
+the State of Maine with reference to the boundary question, will, as
+at present advised, be governed entirely by circumstances in adopting
+such measures of defense and protection (whether along the confines of
+the disputed territory or within that portion of it where, it has been
+before explained, the authority of Great Britain, according to the
+existing agreements, was not to be interfered with) as may seem to them
+necessary for guarding against or for promptly repelling the further
+acts of hostile aggression over the whole of the disputed territory
+which it appears to be the avowed design of the State of Maine sooner
+or later to attempt.
+
+For the undersigned has to observe that not only is the extensive
+system of encroachment which was denounced and remonstrated against by
+the undersigned in his official note of the 2d of last November still
+carried on and persisted in by armed bands employed by the authorities
+of Maine in the districts above the Aroostook and Fish rivers, but that
+acts, as above stated, of a character yet more violent and obnoxious to
+the rights of Great Britain and more dangerous to the preservation of
+the general peace are with certainty meditated by the inhabitants of
+that State. The existence of such designs has for months past been
+a matter of notoriety by public report. Those designs were plainly
+indicated in the recent message of the governor of Maine to the
+legislature of the State, and they are avowed in more explicit terms
+in the letter addressed to the President of the United States by the
+governor of Maine on the 21st of November, which letter has within
+the last few days been communicated to Congress and published.
+
+The undersigned, it is true, has been assured by the Secretary of State,
+in his note of the 16th instant, that the General Government see no
+reason to doubt the disposition of the governor of Maine to adhere to
+the existing arrangements and to avoid all acts tending to render more
+difficult and distant the final adjustment of the boundary question;
+but in face of the above clear indications of the intentions of Maine as
+given out by the parties themselves the Secretary of State has not given
+to the undersigned any adequate assurance that Maine will be constrained
+to desist from carrying those intentions into effect if, contrary to the
+expectation of the General Government, the legislature or the executive
+of the State should think fit to make the attempt.
+
+The undersigned not only preserves the hope, but he entertains the
+firm belief, that if the duty of negotiating the boundary question be
+left in the hands of the two national Governments, to whom alone of
+right it belongs, the difficulty of conducting the negotiation to an
+amicable issue will not be found so great as has been by many persons
+apprehended. But the case will become wholly altered if the people
+of the State of Maine, who, though interested in the result, are not
+charged with the negotiation, shall attempt to interrupt it by violence.
+
+Her Majesty's authorities in North America have on their part no desire
+or intention to interfere with the course of the pending negotiation by
+an exertion of military force, but they will, as at present advised,
+consult their own discretion in adopting the measures of defense that
+may be rendered necessary by the threats of a violent interruption to
+the negotiation which have been used by all parties in Maine and which
+the undersigned regrets to find confirmed by the language (as above
+referred to) employed by the highest official authority in that State.
+
+The undersigned avails himself of this occasion to renew to the
+Secretary of State of the United States the assurance of his
+distinguished consideration.
+
+H.S. FOX.
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE.
+
+_Washington, January 28, 1840_.
+
+HENRY S. FOX, Esq., etc.:
+
+The undersigned, Secretary of State of the United States, has the
+honor to reply, by direction of the President, to the note addressed
+to him on the 26th instant by Mr. Fox, envoy extraordinary and minister
+plenipotentiary of Great Britain.
+
+The President derives great satisfaction from the information conveyed
+by Mr. Fox's note that, with reference to the reported movements of
+British troops within the territory in dispute, no actual change
+has taken place in the attitude of Her Majesty's authorities in the
+territory since the arrangements entered into by the two Governments
+at the commencement of last year for the preservation of tranquillity
+within its limits, and from his assurances that there exists no
+intention on the part of Her Majesty's authorities to infringe the terms
+of those arrangements so long as they are faithfully observed on the
+side of the United States. The President, however, can not repress a
+feeling of regret that the British colonial authorities, without graver
+motives than the possibility of a departure from the arrangements
+referred to by the State of Maine, should take upon themselves the
+discretion, and along with it the fearful responsibility of probable
+consequences, of being guided by circumstances liable, as these are,
+to be misapprehended and misjudged in the adoption within the disputed
+territory of measures of defense and precaution in manifest violation
+of the understanding between the two countries whenever they may
+imagine that acts of hostile aggression over the disputed territory are
+meditated or threatened on the part of the State of Maine. The President
+can not but hope that when Her Majesty's Government at home shall be
+apprised of the position assumed in this regard by its colonial agents
+proper steps will be taken to place the performance of express and
+solemn agreements upon a more secure basis than colonial discretion,
+to be exercised on apprehended disregard of such agreements on the part
+of the State of Maine.
+
+It is gratifying to the President to perceive that Mr. Fox entertains
+the firm belief that the difficulty of conducting to an amicable issue
+the pending negotiation for the adjustment of the question of boundary
+is not so great as has by many persons been apprehended. As, under a
+corresponding conviction, the United States have, with a view to the
+final settlement of that exciting question, submitted a proposition
+for the consideration of Her Majesty's Government, the President hopes
+that the sentiments expressed by Mr. Fox have their foundation in an
+expectation of his having it in his power at an early day to communicate
+to this Government a result of the deliberations had by that of Her
+Britannic Majesty upon the proposition alluded to which will present the
+prospect of a prompt and satisfactory settlement, and which, when known
+by the State of Maine, will put an end to all grounds of apprehensions
+of intentions or disposition on her part to adopt any measures
+calculated to embarrass the negotiation or to involve a departure from
+the provisional arrangements. In the existence of those arrangements
+the United States behold an earnest of the mutual desire of the two
+Governments to divest a question abounding in causes of deep and growing
+excitement of as much as possible of the asperity and hostile feeling it
+is calculated to engender; but unless attended with the most scrupulous
+observance of the spirit and letter of their provisions, it would prove
+but one more cause added to the many already prevailing of enmity and
+discord. Mr. Fox has already been made the channel of conveyance to his
+Government of the desire and determination of the President that the
+obligations of the country shall be faithfully discharged; that desire
+is prompted by a sense of expediency as well as of justice, and by an
+anxious wish to preserve the amicable relations now, so manifestly for
+the advantage of both, subsisting between the United States and Great
+Britain.
+
+The undersigned avails himself of the occasion to renew to Mr. Fox
+assurances of his distinguished consideration.
+
+JOHN FORSYTH.
+
+
+
+_To the Senate of the United States_:
+
+In compliance with two resolutions of the Senate, dated the 30th ultimo,
+calling for information in relation to the disputed boundary between
+the State of Missouri and the Territory of Iowa, I transmit a report
+from the Secretary of State, which, with inclosures, contains all the
+information in the executive department on the subject not already
+communicated to Congress.
+
+M. VAN BUREN.
+
+JANUARY 31, 1840.
+
+
+
+WASHINGTON, _February 4, 1840_.
+
+_To the Honorable the House of Representatives_:
+
+I lay before you a report from the Secretary of the Treasury, with
+several documents annexed, by which it will be seen that judicial
+constructions have been given to the existing laws for the collection
+of imposts, affecting extensively and injuriously the accruing revenue.
+
+They embrace, with many others, the important articles of linens,
+woolens, and cottons, the last two of which are often treated as silks,
+because that material constitutes a component part of them, and thus
+exempted them from duty altogether. Assessments of duties which have
+prevailed for years, and in some cases since the passage of the laws
+themselves, are in this manner altered, and uncertainty and litigation
+introduced in regard to the future.
+
+The effects which these proceedings have already produced in diminishing
+the amount of the revenue, and which are likely to increase hereafter,
+deserve your early consideration.
+
+I have therefore deemed it necessary to bring the matter to your notice,
+with a view to such legislative action as the exigencies of the case may
+in your judgment require. It is not believed that any law which can now
+be passed upon the subject can affect the revenue favorably for several
+months to come, and could not, therefore, be safely regarded as a
+substitute for the early provision of certain and adequate means to
+enable the Treasury to guard the public credit and meet promptly and
+faithfully any deficiencies that may occur in the revenue, from whatever
+cause they may arise.
+
+The reasons in favor of the propriety of adopting at an early period
+proper measures for that purpose were explained by the Secretary of
+the Treasury in his annual report and recommended to your attention
+by myself. The experience of the last two months, and especially the
+recent decisions of the courts, with the continued suspension of
+specie payments by the banks over large sections of the United States,
+operating unfavorably upon the revenue, have greatly strengthened the
+views then taken of the subject.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _February 14, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I lay before you a communication from the Secretary of War, accompanied
+by a report of the Commissioner of Pensions, showing the great
+importance of early action on the bill from the Senate providing for the
+continuance of the office of Commissioner of Pensions. The present law
+will expire by its own limitation on the 4th day of the next month, and,
+sensible of the suffering which would be experienced by the pensioners
+from its suspension, I have deemed it my duty to bring the subject to
+your notice and invite your early attention to it.
+
+M. VAN BUREN.
+
+
+
+FEBRUARY 17, 1840.
+
+_To the Senate and House of Representatives of the United States_:
+
+I submit to Congress a communication from the Secretary of the
+Treasury, repeating suggestions contained in his annual report in regard
+to the necessity of an early provision by law for the protection of
+the Treasury against the fluctuations and contingencies to which its
+receipts are exposed, with additional facts and reasons in favor of
+the propriety of the legislation then desired.
+
+The application assumes that although the means of the Treasury for the
+whole year may be equal to the expenditures of the year, the Department
+may, notwithstanding, be rendered unable to meet the claims upon it at
+the times when they fall due.
+
+This apprehension arises partly from the circumstance that the largest
+proportion of the charges upon the Treasury, including the payment of
+pensions and the redemption of Treasury notes, fall due in the early
+part of this year, viz, in the months of March and May, while the
+resources on which it might otherwise rely to discharge them can not be
+made available until the last half of the year, and partly from the fact
+that a portion of the means of the Treasury consists of debts due from
+banks, for some of which delay has already been asked, and which may not
+be punctually paid.
+
+Considering the injurious consequences to the character, credit, and
+business of the country which would result from a failure by the
+Government for ever so short a period to meet its engagements; that the
+happening of such a contingency can only be effectually guarded against
+by the exercise of legislative authority; that the period when such
+disability must arise, if at all, and which at the commencement of the
+session was comparatively remote, has now approached so near as a few
+days; and that the provision asked for is only intended to enable the
+Executive to fulfill existing obligations, and chiefly by anticipating
+funds not yet due, without making any additions to the public burdens,
+I have deemed the subject of sufficient urgency and importance again to
+ask for it your early attention.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 21, 1840_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with a resolution of the House of Representatives of the
+7th instant, I communicate a report[62] from the Secretary of State,
+containing all the information in possession of the Executive respecting
+the matters referred to in that resolution.
+
+M. VAN BUREN.
+
+[Footnote 62: Relating to the trade with China, etc.]
+
+
+
+WASHINGTON, _February 27, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate, for their consideration with a view to its
+ratification, a convention for the adjustment of claims of citizens of
+the United States upon the Government of the Mexican Republic, concluded
+and signed in the city of Washington on the 11th of April last. I also
+communicate, as explanatory of the motives to the adoption of a new
+convention and illustrative of the course of the negotiation, the
+correspondence between the Secretary of State and Mr. Martinez, the late
+minister of Mexico accredited to this Government, and also such parts
+of the correspondence between the former and Mr. Ellis as relate to
+the same subject. By the letters of Mr. Ellis it will be seen that the
+convention now transmitted to the Senate has been already ratified by
+the Government of Mexico. As some of the papers are originals, it is
+requested that they may be returned to the Department of State when the
+convention shall have been disposed of by the Senate.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 4, 1840_.
+
+_To the Senate_:
+
+I communicate a report from the Secretary of State, with documents[63]
+accompanying it, in compliance with the resolution of the Senate of the
+17th of February last.
+
+M. VAN BUREN.
+
+[Footnote 63: Containing information relative to the necessity of
+amending the existing law regulating the transfer of property in
+American vessels abroad.]
+
+
+
+WASHINGTON, _March 9, 1840_.
+
+_To the Senate_:
+
+In addition to information already communicated in compliance with the
+resolutions of the Senate of the 17th January last, I think it proper
+to transmit to the Senate copies of two letters, with inclosures, since
+received from the governor of Maine, and of a correspondence relative
+thereto between the Secretary of State and the British minister.
+
+M. VAN BUREN.
+
+
+
+EXECUTIVE DEPARTMENT,
+
+_Augusta, February 15, 1840_.
+
+His Excellency M. VAN BUREN,
+
+_President United States_.
+
+SIR: A communication from Mr. Fox, the British minister, to Mr. Forsyth,
+Secretary of State, under date of January 26, contains the following
+statement:
+
+"It appears from _accurate_ information now in possession of the
+undersigned that the governor of Maine and through him the President
+and General Government of the United States have been misinformed as to
+the facts. In the first place, no _reenforcement_ has been marched to
+the British post at the Lake Temiscouata; the _only change_ occurring
+there has been the relief of a detachment of Her Majesty's Twenty-fourth
+Regiment by a detachment of _equal force_ of the Eleventh Regiment, this
+force of _one company_ being now stationed at the Temiscouata post, as
+it _always has been_, for the necessary purpose of protecting the stores
+and accommodations provided for the use of Her Majesty's troops who may
+be required, as heretofore, to march by that route to and from the
+Provinces of Canada and New Brunswick. In the second place, it is not
+true that the British authorities either have built or are building
+barracks on both sides of the St. John River or at the mouth of the
+Madawaska River; _no new barracks have in fact been built anywhere_"
+
+This statement has been read by the citizens of this State with the
+most profound astonishment, and however high may be the source from
+which it emanates I must be permitted to say, in the language of that
+high functionary, that "it is not true," though in justice to him
+I should add that he has undoubtedly been misinformed. Though this
+State, in the vindication of her rights and maintenance of her interests
+relative to her territorial boundary, from past experience had no
+reason to expect any material admissions of the truth on the part of
+the British authorities, she was not prepared to meet such a positive
+and unqualified denial of facts as the foregoing exhibits, especially
+of facts so easily susceptible of proof. The "_accuracy_" of the
+information alleged to be in the possession of the minister is only
+equaled by the _justice_ of the pretensions heretofore set up in regard
+to title.
+
+But not to be bandying assertions where proof is abundant, I deem it my
+duty to transmit to Your Excellency the depositions[64] of a number of
+gentlemen, citizens of this State, of great respectability, and whose
+statements are entitled to the most implicit confidence.
+
+These depositions abundantly prove that up to May last, nearly
+two months subsequent to the arrangement entered into through the
+mediation of General Scott, _no troops_ whatever were stationed at
+Temiscouata Lake; that in August, September, and October the number did
+not exceed 25, while now it has been increased to about 200; that prior
+to May no barracks had been erected at Temiscouata, but that since that
+time two have been built at the head of the lake, besides some five
+or six other buildings apparently adapted to the establishment of a
+permanent military post, and at the foot of the lake two or more
+buildings for barracks and other military purposes; that though no
+_new_ barracks have been erected at Madawaska, certain buildings
+heretofore erected have been engaged for use as such; that a road has
+been constructed connecting the military post at the head and foot of
+the lake, a tow-path made the whole length of the Madawaska River, the
+road from the head of the lake to the military post at the river Des
+Loup thoroughly repaired, transport boats built, etc.
+
+I would further inform Your Excellency that an agent has been
+dispatched to Temiscouata and Madawaska for the purpose of procuring
+exact information of the state of things there at the present moment;
+but having incidentally found some evidence of the state of things prior
+to November last, I have thought best to forward it without delay for
+the purpose of disabusing the Government and the country of the errors
+into which they may have been led by the communication before alluded
+to. The report of the agent will be transmitted as soon as received,
+which may not be short of two weeks.
+
+Under these circumstances, I have only to repeat my official call upon
+the General Government for the protection of this State from _invasion_.
+
+I have the honor to be, with great respect, Your Excellency's most
+obedient servant,
+
+JOHN FAIRFIELD,
+
+_Governor of Maine_.
+
+[Footnote 64: Omitted.]
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, February 27, 1840_.
+
+His Excellency JOHN FAIRFIELD,
+
+_Governor of Maine_.
+
+Sir: I have the honor to acknowledge the receipt at this Department of
+your excellency's letter to the President of the 15th instant, inclosing
+three depositions of citizens of Maine in relation to certain movements
+of British troops in the disputed territory. The depositions have been
+informally communicated to the British minister by direction of the
+President, who desires me to apprise your excellency of his intention to
+cause an official communication to be addressed to the minister on the
+subject so soon as the report of the agent dispatched by your order to
+Temiscouata and Madawaska for the purpose of procuring exact information
+as to the present state of things there shall have been received.
+
+I have the honor to be, sir, your obedient servant,
+
+JOHN FORSYTH.
+
+
+
+EXECUTIVE DEPARTMENT,
+
+_Augusta, February 27, 1840_.
+
+His Excellency M. VAN BUREN,
+
+_President United States_.
+
+SIR: Having received the report of Benjamin Wiggin, esq., the agent
+referred to in my last communication, dispatched by me to the disputed
+territory to obtain exact information of British military movements in
+that quarter and of the existing state of things, I hasten to lay the
+same[65] before you, accompanied by his plan[65] of the British military
+post at the head of Lake Temiscouata. It will be perceived that it goes
+to confirm in every essential particular the evidence already forwarded
+in the depositions of Messrs. Varnum, Bartlett, and Little, and is
+directly opposed to the statement contained in the letter of Mr. Fox
+to Mr. Forsyth under date of 26th of January last.
+
+The course thus clearly proved to have been pursued by the British
+Government upon the disputed territory is utterly inconsistent with
+the arrangement heretofore subsisting, and evinces anything but a
+disposition to submit to an _amicable_ termination of the question
+relating to the boundary.
+
+Permit me to add that the citizens of Maine are awaiting with deep
+solicitude that action on the part of the General Government which shall
+vindicate the national honor and be fulfilling in part a solemn
+obligation to a member of the Union.
+
+I have the honor to be, with high respect, your most obedient servant,
+
+JOHN FAIRFIELD,
+
+_Governor of Maine_.
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_Washington, March 6, 1840_.
+
+HENRY S. FOX, Esq., etc.:
+
+By the directions of the President, the undersigned, Secretary of State
+of the United States, communicates to Mr. Fox, envoy extraordinary and
+minister plenipotentiary of Great Britain, the inclosed copy of a
+report[65] made to the governor of the State of Maine by the agent
+commissioned on the part of the authorities of that State to ascertain
+the precise character and extent of the occupation of parts of the
+disputed territory by troops of Her Britannic Majesty and of the
+buildings and other public works constructed for their use and
+accommodation.
+
+By that report and the three depositions which the undersigned
+informally communicated to Mr. Fox a few days since he will perceive
+that there must be some extraordinary misapprehension on his part of the
+facts in relation to the occupation by British troops of portions of
+the disputed territory. The statements contained in these documents and
+that given by Mr. Fox in his note of the 20th of January last exhibit a
+striking discrepancy as to the number of troops now in the territory as
+compared with those who were in it when the arrangement between Governor
+Fairfield and Lieutenant-Governor Harvey was agreed upon, and also as
+to the present and former state of the buildings there. The extensive
+accommodations prepared and preparing at an old and at new stations, the
+works finished and in the course of construction on the land and on the
+water, are not in harmony with the assurance that the only object is
+the preservation of a few unimportant buildings and storehouses for the
+temporary protection of the number of troops Her Majesty's ordinary
+service can require to pass on the road from New Brunswick to Canada.
+
+The undersigned will abstain from any remarks upon these contradictory
+statements until Mr. Fox shall have had an opportunity to obtain the
+means of fully explaining them. How essential it is that this should be
+promptly done, and that the steps necessary to a faithful observance
+on the part of Her Majesty's colonial authorities of the existing
+agreements between the two Governments should be immediately taken,
+Mr. Fox can not fail fully to understand.
+
+The undersigned avails himself of the occasion to renew to Mr. Fox
+assurances of his high consideration.
+
+JOHN FORSYTH.
+
+[Footnote 65: Omitted.]
+
+
+
+_Mr. Fox to Mr. Forsyth_.
+
+WASHINGTON, _March 7, 1840_.
+
+The undersigned, Her Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has the honor to acknowledge the receipt of
+the official note of yesterday's date addressed to him by Mr. Forsyth,
+Secretary of State of the United States, to which is annexed the copy of
+a report from Mr. Benjamin Wiggin, an agent employed by the State of
+Maine to visit the British military post at Lake Temiscouata, and in
+which reference is made to other papers upon the same subject, which
+were informally communicated to the undersigned by Mr. Forsyth a few
+days before; and the attention of the undersigned is called by Mr.
+Forsyth to different points upon which the information contained in the
+said papers is considered to be materially at variance with that which
+was conveyed to the United States Government by the undersigned in his
+official note of the 26th of last January.
+
+The undersigned had already been made acquainted by the
+lieutenant-governor of New Brunswick with the circumstance of Mr.
+Wiggin's visit to the military post at Lake Temiscouata, where the
+officer in command very properly furnished to Mr. Wiggin the requisite
+information upon all matters connected with the British station which he
+appeared desirous to inquire about.
+
+The alleged points of variance, after deducting what is fanciful and
+conjectural in the reports now produced and after comparing what is
+there stated in contradiction to other reports before produced from the
+same quarters, do not appear to the undersigned to be by any means so
+material as they seem to have been considered by the Government of
+the United States. The British military detachment stationed at Lake
+Temiscouata, which the agents employed by the State of Maine had, in
+the first instance with singular exaggeration represented as amounting
+to two regiments, is now discovered by the same parties to amount to
+175 men, which instead of two regiments is something less than two
+companies. It is indeed true, should such a point be considered worth
+discussing, that the undersigned might have used a more technically
+correct expression in his note of the 26th of January if he had stated
+the detachment in question to consist of from one to two companies
+instead of stating it to consist of one company. But a detachment of Her
+Majesty's troops has been stationed at the Lake Temiscouata from time to
+time ever since the winter of 1837 and 1838, when the necessity arose
+from marching reenforcements by that route from New Brunswick to Canada;
+and it will be remembered that a temporary right of using that route for
+the same purpose was expressly reserved to Great Britain in the
+provisional agreement entered into at the beginning of last year.
+
+It is not, therefore, true that the stationing a military force at
+the Lake Temiscouata is a new measure on the part of Her Majesty's
+authorities; neither is it true that that measure has been adopted for
+other purposes than to maintain the security of the customary line of
+communication and to protect the buildings, stores, and accommodations
+provided for the use of Her Majesty's troops when on march by that
+route; and it was with a view to correct misapprehensions which appeared
+to exist upon these points, and thus to do away with one needless
+occasion of dispute, that the undersigned conveyed to the United States
+Government the information contained in his note of the 26th of January.
+
+With regard again to the construction of barracks and other buildings
+and the preserving them in an efficient state of repair and defense, a
+similar degree of error and misapprehension appears still to prevail in
+the minds of the American authorities.
+
+The erection of those buildings within the portion of the disputed
+territory now referred to, for the shelter of Her Majesty's troops while
+on their march and for the safe lodgment of the stores, is no new act
+on the part of Her Majesty's authorities. The buildings in question have
+been in the course of construction from a period antecedent to the
+provisional agreements of last year, and they are now maintained and
+occupied along the line of march with a view to the same objects above
+specified, for which the small detachments of troops also referred to
+are in like manner there stationed.
+
+The undersigned will not refrain from here remarking upon one point
+of comparison exhibited in the present controversy. It is admitted by
+the United States authorities that the armed bands stationed by the
+government of Maine in the neighborhood of the Aroostook River have
+fortified those stations with artillery, and it is now objected as
+matter of complaint against the British authorities with reference
+to the buildings at Lake Temiscouata, not that those buildings are
+furnished with artillery, but only that they are defended by palisades
+capable of resisting artillery. It would be difficult to adduce stronger
+evidence of the acts on the one side being those of aggression and on
+the other of defense.
+
+The fact, shortly, is (and this is the essential point of the
+argument) that Her Majesty's authorities have not as yet altered their
+state of preparation or strengthened their military means within the
+disputed territory with a view to settling the question of the boundary,
+although the attitude assumed by the State of Maine with reference to
+that question would be a clear justification of such measures, and it is
+much to be apprehended that the adoption of such measures will sooner
+or later become indispensable if the people of Maine be not compelled
+to desist from the extensive system of armed aggression which they are
+continuing to carry on in other parts of the same disputed territory.
+
+The undersigned avails himself of this occasion to renew to the
+Secretary of State of the United States the assurance of his
+distinguished consideration.
+
+H.S. FOX.
+
+
+
+WASHINGTON, _March 9, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit to Congress, for their consideration, copies and translations
+of a correspondence between the Secretary of State and the Spanish
+legation, growing out of an application on the part of Spain for a
+reduction of tonnage duty on her vessels in certain cases.
+
+By a royal order issued on the 29th of April, 1832, by the King of
+Spain, in consequence of a representation made to his Government by
+the minister of the United States against the discriminating tonnage
+duty then levied in the ports of Spain upon American vessels, said duty
+was reduced to 1 real de vellon, equal to 5 cents, per ton, without
+reference to the place from whence the vessel came, being the same rate
+as paid by those of all other nations, including Spain.
+
+By the act approved on the 13th of July, 1832, a corresponding reduction
+of tonnage duty upon Spanish vessels in ports of the United States was
+authorized, but confined to vessels coming from ports in Spain; in
+consequence of which said reduction has been applied to such Spanish
+vessels only as came directly from ports in the Spanish Peninsula.
+
+The application of the Spanish Government is for the extension of the
+provisions of the act to vessels coming from other places, and I submit
+for the consideration of Congress whether the principle of reciprocity
+would not justify it in regard to all vessels owned in the Peninsula and
+its dependencies of the Balearic and Canary islands, and coming from all
+places other than the islands of Cuba, Porto Rico, and the Philippine,
+and the repayment of such duties as may have been levied upon Spanish
+vessels of that class which have entered our ports since the act of 1832
+went into operation.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 10, 1840_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with a resolution of the House of Representatives of
+the 2d of March, 1839, I communicate reports[66] from the several
+Departments, containing the information requested by the resolution.
+
+M. VAN BUREN.
+
+[Footnote 66: Transmitting lists of removals from office since March 3,
+1789.]
+
+
+
+WASHINGTON, _March 11, 1840_.
+
+_To the Senate_:
+
+In compliance with the resolution of the Senate dated the 4th of
+February, 1840, I have the honor to transmit herewith copies of the
+correspondence between the Department of War and Governor Call
+concerning the war in Florida.
+
+Very respectfully, your obedient servant,
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _March, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I lay before you for your consideration a communication of the Secretary
+of War, accompanied by a report of the Surgeon-General of the Army, in
+relation to sites for marine hospitals selected in conformity with the
+provisions of the act of March 3, 1837, from which it will be seen that
+some action on the subject by Congress seems to be necessary.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, D.C., _March 12, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I transmit to the House of Representatives, in answer to resolution of
+that body dated on the 9th instant, the inclosed report of the Secretary
+of State.
+
+M. VAN BUREN.
+
+
+
+DEPARTMENT OF STATE,
+
+_Washington, March 12, 1840_.
+
+The PRESIDENT OF THE UNITED STATES:
+
+The Secretary of State, to whom has been referred a resolution of the
+House of Representatives dated the 9th instant, requesting the President
+to communicate to that body "whether any, and, if any, what, measures
+have been taken since the rejection of the recommendation of the King
+of Holland of a new line of boundary between the United States and
+the Province of New Brunswick to obtain information in respect to the
+topography of the territory in dispute by a survey or exploration of
+the same on the part of the United States alone, and also whether any
+measures have been adopted whereby the accuracy of the survey lately
+made under the authority of the British Government, when communicated,
+may be tested or examined," has the honor to report to the President
+that no steps have been thought necessary by this Government since the
+date above referred to to obtain topographical information regarding the
+disputed territory, either by exploration or survey on its part alone,
+nor has it thought proper to adopt any measures to test the accuracy of
+the topographical examination recently made by a British commission, the
+result of which has not been made public or communicated to the United
+States.
+
+Respectfully submitted,
+
+JOHN FORSYTH.
+
+
+
+WASHINGTON CITY, _March 19, 1840_.
+
+_To the Senate of the United States_:
+
+I submit herewith for your consideration and constitutional action the
+treaty accompanying the inclosed communication of the Secretary of War,
+made with the Shawnee Indians west of the Mississippi River, for the
+purchase of a portion of their lands, with the view of procuring for
+the Wyandot Indians of Ohio a satisfactory residence west.
+
+M. VAN BUREN.
+
+
+
+WAR DEPARTMENT, _March, 1840_.
+
+The PRESIDENT OF THE UNITED STATES.
+
+SIR: I have the honor to submit for your consideration, and, if it meets
+your approbation, for transmission to the Senate, a treaty concluded
+on the 18th December last with the Shawnee Indians by their chiefs,
+headmen, and counselors, and an explanatory communication of the 17th
+instant from the Commissioner of Indian Affairs.
+
+Very respectfully, your obedient servant,
+
+J.R. POINSETT.
+
+
+
+WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,
+
+_March 17, 1840_.
+
+Hon. J.R. POINSETT,
+
+_Secretary of War_.
+
+
+SIR: Negotiations with the Wyandots for a cession of their lands in
+Ohio and removal to the country west of the Mississippi have been
+pending for some years. During the past season two exploring parties
+from that tribe have visited the West and were tolerably well pleased
+with the district to which it was proposed to remove them, but expressed
+a strong preference for a tract which the Shawnees and Delawares offered
+to sell to the United States for them. The commissioner charged with the
+business of treating with the Wyandots was of opinion that if this tract
+could be procured there would be little difficulty in concluding a
+treaty. He was therefore under these circumstances instructed to make
+the purchase, subject to the ratification of the President and Senate
+and dependent on the condition that the Wyandots will accept it, and on
+the 18th of December last effected a treaty with the Shawnees by which
+they ceded a tract of about 58,000 acres on those conditions at the
+price of $1.50 per acre. No purchase has been made from the Delawares,
+as they refuse to sell at a less price than $5 per acre, and it is
+thought that the land ceded by the Shawnees will be amply sufficient
+for the present.
+
+I have the honor herewith to submit the treaty with the Shawnees,
+to be laid, if you think proper, before the President and Senate for
+ratification.
+
+Very respectfully, your obedient servant,
+
+T. HARTLEY CRAWFORD.
+
+
+
+WASHINGTON, _March 24, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a report from the Secretaries of State, Treasury,
+and Navy and the Postmaster-General, with the documents which
+accompanied it, in compliance with the resolution of the House of
+Representatives of the 5th instant, relative to the General Post-Office
+building and the responsibilities of the architect and Commissioner of
+the Public Buildings, etc.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 26, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate herewith copies of official notes which have
+passed between the Secretary of State and the British minister since my
+last message on the subject of the resolutions of the 17th of January.
+
+M. VAN BUREN.
+
+
+
+_Mr. Fox to Mr. Forsyth_.
+
+WASHINGTON, _March 13, 1840_.
+
+Hon. JOHN FORSYTH, etc.:
+
+The undersigned, Her Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has been instructed by his Government to make
+the following communication to the Secretary of State of the United
+States in reference to the boundary negotiation and the affairs of the
+disputed territory.
+
+Her Majesty's Government have had under their consideration the official
+note addressed to the undersigned by the Secretary of State of the
+United States on the 24th of last December in reply to a note from the
+undersigned of the 2d of November preceding, in which the undersigned
+protested in the name of his Government against the extensive system
+of aggression pursued by the people of the State of Maine within the
+disputed territory, to the prejudice of the rights of Great Britain and
+in manifest violation of the provisional agreements entered into between
+the authorities of the two countries at the beginning of the last year.
+
+Her Majesty's Government have also had their attention directed to the
+public message transmitted by the governor of Maine to the legislature
+of the State on the 3d of January of the present year.
+
+Upon a consideration of the statements contained in these two official
+documents, Her Majesty's Government regret to find that the principal
+acts of encroachment which were denounced and complained of on the part
+of Great Britain, so far from being either disproved or discontinued or
+satisfactorily explained by the authorities of the State of Maine, are,
+on the contrary, persisted in and publicly avowed.
+
+Her Majesty's Government have consequently instructed the undersigned
+once more formally to protest against those acts of encroachment and
+aggression.
+
+Her Majesty's Government claim and expect, from the good faith of the
+Government of the United States, that the people of Maine shall replace
+themselves in the situation in which they stood before the agreements
+of last year were signed; that they shall, therefore, retire from the
+valley of the St. John and confine themselves to the valley of the
+Aroostook; that they shall occupy that valley in a temporary manner
+only, for the purpose, as agreed upon, of preventing depredations; and
+that they shall not construct fortifications nor make roads or permanent
+settlements.
+
+Until this be done by the people of the State of Maine, and so long
+as that people shall persist in the present system of aggression, Her
+Majesty's Government will feel it their duty to make such military
+arrangements as may be required for the protection of Her Majesty's
+rights. And Her Majesty's Government deem it right to declare that if
+the result of the unjustifiable proceedings of the State of Maine should
+be collision between Her Majesty's troops and the people of that State
+the responsibility of all the consequences that may ensue therefrom,
+be they what they may, will rest with the people and Government of the
+United States.
+
+The undersigned has been instructed to add to this communication that
+Her Majesty's Government are only waiting for the detailed report of
+the British commissioners recently employed to survey the disputed
+territory, which report it was believed would be completed and delivered
+to Her Majesty's Government by the end of the present month, in order to
+transmit to the Government of the United States a reply to their last
+proposal upon the subject of the boundary negotiation.
+
+The undersigned avails himself of this occasion to renew to the
+Secretary of State of the United States the assurance of his
+distinguished consideration.
+
+H.S. FOX.
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_Washington, March 25, 1840_.
+
+HENRY S. FOX, Esq., etc.:
+
+The undersigned, Secretary of State of the United States, acknowledges
+to have received Mr. Fox's communication of the 13th instant, in
+reference to the boundary negotiation and the affairs of the disputed
+territory. The information given in the closing part of it--that a reply
+to the last proposition of the United States upon the subject of the
+boundary may be expected in a short time--is highly gratifying to the
+President, who has, however, given directions to the undersigned, in
+making this acknowledgment, to accompany it with the expression of his
+profound regret that Mr. Fox's note is in no other respect satisfactory.
+
+After the arrangements which in the beginning of last year were
+entered into on the part of the two Governments with regard to the
+occupation of the disputed territory, the President had indulged the
+hope that the causes of irritation which had grown out of this branch
+of the subject could have been removed. Relying on the disposition of
+Maine to cooperate with the Federal Government in all that could lead
+to a pacific adjustment of the principal question, the President felt
+confident that his determination to maintain order and peace on the
+border would be fully carried out. He looked upon all apprehensions of
+designs by the people of Maine to take possession of the territory as
+without adequate foundation, deeming it improbable that on the eve of
+an amicable adjustment of the question any portion of the American
+people would without cause and without object jeopard the success of
+the negotiation and endanger the peace of the country. A troublesome,
+irritating, and comparatively unimportant, because subordinate, subject
+being thus disposed of, the President hoped that the parties would be
+left free at once to discuss and finally adjust the principal question.
+In this he has been disappointed. While the proceedings of Her Majesty's
+Government at home have been attended with unlooked-for delays, its
+attention has been diverted from the great subject in controversy by
+repeated complaints imputing to a portion of the people of the United
+States designs to violate the engagements of their Government--designs
+which have never been entertained, and which Mr. Fox knows would receive
+no countenance from this Government.
+
+It is to be regretted that at this late hour so much misapprehension
+still exists on the side of the British Government as to the object and
+obvious meaning of the existing arrangements respecting the disputed
+territory. The ill success which appears to have attended the efforts
+made by the undersigned to convey through Mr. Fox to Her Majesty's
+Government more correct impressions respecting them calls for a
+recurrence to the subject, and a brief review of the correspondence
+which has grown out of it may tend to remove the erroneous views which
+prevail as to the manner in which the terms of the arrangements referred
+to have been observed.
+
+As Mr. Fox had no authority to make any agreement respecting the
+exercise of jurisdiction over the disputed territory, that between him
+and the undersigned of the 27th of February, 1839. had for its object
+some provisional arrangement for the restoration and preservation of
+peace in the territory. To accomplish this object it provided that Her
+Majesty's officers should not seek to expel by military force the armed
+party which had been sent by Maine into the district bordering on the
+Restook River, and that, on the other hand, the government of Maine
+would voluntarily and without needless delay withdraw beyond the bounds
+of the disputed territory any armed force then within them. Besides
+this, the arrangement had other objects--the dispersion of notorious
+trespassers and the protection of public property from depredation.
+In case future necessity should arise for this, the operation was to
+be conducted by concert, jointly or separately, according to agreement
+between the governments of Maine and New Brunswick.
+
+In this last-mentioned respect the agreement looked to some further
+arrangement between Maine and New Brunswick. Through the agency of
+General Scott one was agreed to on the 23d and 25th of March following,
+by which Sir John Harvey bound himself not to seek, without renewed
+instructions to that effect from his Government, to take military
+possession of the territory or to expel from it by military force
+the armed civil posse or the troops of Maine. On the part of Maine
+it was agreed by her governor that no attempt should be made, without
+renewed instructions from the legislature, to disturb by arms the
+Province of New Brunswick in the possession of the Madawaska settlements
+or interrupt the usual communications between that and the upper
+Provinces. As to possession and jurisdiction, they were to remain
+unchanged--each party holding, in fact, possession of part of the
+disputed territory, but each denying the right of the other to do so.
+With that understanding Maine was without unnecessary delay to withdraw
+her military force, leaving only, under a land agent, a small civil
+posse, armed or unarmed, to protect the timber recently cut and to
+prevent further depredations.
+
+In the complaints of infractions of the agreements by the State of Maine
+addressed to the undersigned Mr. Fox has assumed two positions which are
+not authorized by the terms of those agreements: First. Admitting the
+right of Maine to maintain a civil posse in the disputed territory for
+the purposes stated in the agreement, he does so with the restriction
+that the action of the posse was to be confined within certain limits;
+and, second, by making the advance of the Maine posse into the valley of
+the Upper St. John the ground of his complaint of encroachment upon the
+Madawaska settlement, he assumes to extend the limits of that settlement
+beyond those it occupied at the date of the agreement.
+
+The United States can not acquiesce in either of these positions.
+
+In the first place, nothing is found in the agreement subscribed to
+by Governor Fairfield and Sir John Harvey defining any limits in the
+disputed territory within which the operations of the civil posse of
+Maine were to be circumscribed. The task of preserving the timber
+recently cut and of preventing further depredations _within the disputed
+territory_ was assigned to the State of Maine after her military force
+should have been withdrawn from it, and it was to be accomplished by a
+civil posse, armed or unarmed, which was to continue in the territory
+and to operate in every part of it where its agency might be required
+to protect the timber already cut and prevent further depredations,
+without any limitation whatever or any restrictions except such as
+might be construed into an attempt to disturb by arms the Province
+of New Brunswick in her possession of the Madawaska settlement or
+interrupt the usual communication between the Provinces.
+
+It is thus, in the exercise of a legitimate right and in the
+conscientious discharge of an obligation imposed upon her by a
+solemn compact, that the State of Maine has done those acts which have
+given rise to complaints for which no adequate cause is perceived.
+The undersigned feels confident that when those acts shall have been
+considered by Her Majesty's Government at home as explained in his note
+to Mr. Fox of the 24th of December last and in connection with the
+foregoing remarks they will no longer be viewed as calculated to excite
+the apprehensions of Her Majesty's Government that the faith of existing
+arrangements is to be broken on the part of the United States.
+
+With regard to the second position assumed by Mr. Fox--that the advance
+of the Maine posse along the valley of the Restook to the mouth of Fish
+River and into the valley of the Upper St. John is at variance with the
+terms and spirit of the agreements--the undersigned must observe that if
+at variance with any of their provisions it could only be with those
+which secure Her Majesty's Province of New Brunswick against any attempt
+to disturb the possession of the Madawaska settlements and to interrupt
+the usual communications between New Brunswick and the upper Provinces.
+The agreement could only have reference to the Madawaska settlements as
+confined within their actual limits at the time it was subscribed. The
+undersigned in his note of the 24th of December last stated the reasons
+why the mouth of Fish River and the portion of the valley of the St.
+John through which it passes could in no proper sense be considered as
+embraced in the Madawaska settlements. Were the United States to admit
+the pretension set up on the part of Great Britain to give to the
+Madawaska settlements a degree of constructive extension that might at
+this time suit the purposes of Her Majesty's colonial authorities, those
+settlements might soon be made with like justice to embrace any portions
+of the disputed territory, and the right given to the Province of New
+Brunswick to occupy them temporarily and for a special purpose might
+by inference quite as plausible give the jurisdiction exercised by Her
+Majesty's authorities an extent which would render the present state
+of the question, so long as it could be maintained, equivalent to a
+decision on the merits of the whole controversy in favor of Great
+Britain. If the small settlement at Madawaska on the north side of the
+St. John means the whole valley of that river, if a boom across the Fish
+River and a station of a small posse on the south side of the St. John
+at the mouth of Fish River is a disturbance of that settlement, which
+is 25 miles below, within the meaning of the agreement, it is difficult
+to conceive that there are any limitations to the pretensions of Her
+Majesty's Government under it or how the State of Maine could exercise
+the preventive power with regard to trespassers, which was on her part
+the great object of the temporary arrangement. The movements of British
+troops lately witnessed in the disputed territory and the erection
+of military works for their protection and accommodation, of which
+authentic information recently received at the Department of State has
+been communicated to Mr. Fox, impart a still graver aspect to the matter
+immediately under consideration. The fact of those military operations,
+established beyond a doubt, left unexplained or unsatisfactorily
+accounted for by Mr. Fox's note of the 7th instant, continues an
+abiding cause of complaint on the part of the United States against
+Her Majesty's colonial agents as inconsistent with arrangements whose
+main object was to divest a question already sufficiently perplexed
+and complicated from such embarrassments as those with which the
+proceedings of the British authorities can not fail to surround it.
+
+If, as Mr. Fox must admit, the objects of the late agreements were the
+removal of all military force and the preservation of the property from
+further spoliations, leaving the possession and jurisdiction as they
+stood before the State of Maine found itself compelled to act against
+the trespassers, the President can not but consider that the conduct of
+the American local authorities strongly and most favorably contrasts
+with that of the colonial authorities of Her Majesty's Government. While
+the one, promptly withdrawing its military force, has confined itself to
+the use of the small posse, armed as agreed upon, and has done no act
+not necessary to the accomplishment of the conventional objects, every
+measure taken or indicated by the other party is essentially military in
+its character, and can be justified only by a well-founded apprehension
+that hostilities must ensue.
+
+With such feelings and convictions the President could not see without
+painful surprise the attempt of Mr. Fox, under instructions from his
+Government, to give to the existing state of things a character not
+warranted by the friendly disposition of the United States or the
+conduct of the authorities and people of Maine; much more is he
+surprised to find it alleged as a ground for strengthening a military
+force and preparing for a hostile collision with the unarmed inhabitants
+of a friendly State, pursuing within their own borders their peaceful
+occupations or exerting themselves in compliance with their agreements
+to protect the property in dispute from unauthorized spoliation.
+
+The President wishes that he could dispel the fear that these dark
+forebodings can be realized. Unless Her Majesty's Government shall
+forthwith arrest all military interference in the question, unless it
+shall apply to the subject more determined efforts than have hitherto
+been made to bring the dispute to a certain and pacific adjustment, the
+misfortunes predicted by Mr. Fox in the name of his Government may most
+unfortunately happen.
+
+But no apprehension of the consequences alluded to by Mr. Fox can
+be permitted to divert the Government and people of the United States
+from the performance of their duty to the State of Maine. That duty is
+as simple as it is imperative. The construction which is given by her
+to the treaty of 1783 has been again and again, and in the most solemn
+manner, asserted also by the Federal Government, and must be maintained
+unless Maine freely consents to a new boundary or unless that
+construction of the treaty is found to be erroneous by the decision of
+a disinterested and independent tribunal selected by the parties for its
+final adjustment. The President on assuming the duties of his station
+avowed his determination, all other means of negotiation failing, to
+submit a proposition to the Government of Great Britain to refer the
+decision of the question once more to a third party.
+
+In all the subsequent steps which have been taken upon the subject by
+his direction he has been actuated by the same spirit. Neither his
+dispositions in the matter nor his opinion as to the propriety of that
+course has undergone any change. Should the fulfillment of his wishes
+be defeated, either by an unwillingness on the part of Her Majesty's
+Government to meet the offer of the United States in the spirit in
+which it is made or from adverse circumstances of any description,
+the President will in any event derive great satisfaction from the
+consciousness that no effort on his part has been spared to bring the
+question to an amicable conclusion, and that there has been nothing in
+the conduct either of the Governments and people of the United States or
+of the State of Maine to justify the employment of Her Majesty's forces
+as indicated by Mr. Fox's letter. The President can not under such
+circumstances apprehend that the responsibility for any consequences
+which may unhappily ensue will by the just judgment of an impartial
+world be imputed to the United States.
+
+The undersigned avails himself, etc.
+
+JOHN FORSYTH.
+
+
+
+_Mr. Fox to Mr. Forsyth_.
+
+WASHINGTON, _March 26, 1840_.
+
+Hon. JOHN FORSYTH, etc.:
+
+The undersigned, Her Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has had the honor to receive the official note
+of yesterday's date addressed to him by Mr. Forsyth, Secretary of State
+of the United States, in reply to a note dated the 13th instant, wherein
+the undersigned, in conformity with instructions received from his
+Government, had anew formally protested against the acts of encroachment
+and aggression which are still persisted in by armed bands in the
+employment of the State of Maine within certain portions of the disputed
+territory.
+
+It will be the duty of the undersigned immediately to transmit Mr.
+Forsyth's note to Her Majesty's Government in England, and until the
+statements and propositions which it contains shall have received the
+due consideration of Her Majesty's Government the undersigned will not
+deem it right to add any further reply thereto excepting to refer to and
+repeat, as he now formally and distinctly does, the several declarations
+which it has from time to time been his duty to make to the Government
+of the United States with reference to the existing posture of affairs
+in the disputed territory, and to record his opinion that an inflexible
+adherence to the resolutions that have been announced by Her Majesty's
+Government for the defense of Her Majesty's rights pending the
+negotiation of the boundary question offers to Her Majesty's Government
+the only means of protecting those rights from being in a continually
+aggravated manner encroached upon and violated.
+
+The undersigned avails himself of this occasion to renew to the
+Secretary of State of the United States the assurance of his
+distinguished consideration.
+
+H.S. FOX.
+
+
+
+WASHINGTON, _March 28, 1840_.
+
+_To the Senate_:
+
+I communicate to the Senate, in compliance with their resolution of the
+12th instant, a report from the Secretary of War, containing information
+on the subject of that resolution.
+
+M. VAN BUREN.
+
+
+
+WAR DEPARTMENT, _March 27, 1840_.
+
+The PRESIDENT OF THE UNITED STATES.
+
+SIR: The resolution of the Senate of the 12th instant, "that the
+President of the United States be requested to communicate to the
+Senate, if in his judgment compatible with the public interest, any
+information which may be in the possession of the Government, or which
+can be conveniently obtained, of the military and naval preparations of
+the British authorities on the northern frontier of the United States
+from Lake Superior to the Atlantic Ocean, designating the permanent
+from the temporary and field works, and particularly by noting those
+which are within the claimed limits of the United States," having been
+referred by you to this Department, it was immediately referred to
+Major-General Scott and other officers who have been stationed on the
+frontier referred to for such information on the subjects as they
+possessed and could readily procure, and an examination is now in
+progress for such as may be contained in the files of this Department.
+General Scott is the only officer yet heard from, and a copy of his
+report is herewith submitted, together with a copy of that to which he
+refers, made upon the resolution of the House of Representatives of the
+9th instant. As soon as the other officers who have been called upon
+are heard from and the examination of the files of the Department is
+completed, any further information which may be thus acquired will be
+immediately laid before you.
+
+Very respectfully, your most obedient servant,
+
+J.R. POINSETT.
+
+
+
+HEADQUARTERS, EASTERN DIVISION,
+
+_Elizabethtown, N.J., March 23, 1840_.
+
+Brigadier-General R. JONES,
+
+_Adjutant-General United States Army_.
+
+SIR: I have received from your office copies of two resolutions, passed,
+respectively, the 12th and 9th instant, one by the Senate and the other
+by the House of Representatives, and I am asked for "any information on
+the subject of both or either of the resolutions that may be in [my]
+possession."
+
+In respect to the naval force recently maintained upon the American
+lakes by Great Britain, I have just had the honor to report to the
+Secretary of War, by whom the resolution of the House of Representatives
+(of the 9th instant) was directly referred to me.
+
+I now confine myself to the Senate's resolution, respecting "military
+[I omit _naval_] preparations of the British authorities on the northern
+frontiers of the United States from Lake Superior to the Atlantic Ocean,
+distinguishing the permanent from the temporary and field works, and
+particularly noting those which are within the claimed limits of the
+United States."
+
+I will here remark that however well my duties have made me acquainted
+with the greater part of the line in question, I have paid but slight
+attention to the forts and barracks erected by the British authorities
+near the borders of Maine _above_ Frederickton, in New Brunswick, or in
+Upper Canada _above_ Cornwall, being of the fixed opinion (which need
+not here be developed) that all such structures would be of little or
+no military value to either of the parties in the event of a new war
+between the United States and Great Britain.
+
+I was last summer at the foot of Lake Superior, and neither saw nor
+heard of any British fort or barrack on the St. Marys River, the outlet
+of that lake.
+
+Between Lakes Huron and Erie the British have three sets of
+barracks--one at Windsor, opposite to Detroit; one at Sandwich, a little
+lower down; and the third at Maiden, 18 miles from the first--all built
+of sawed logs, strengthened by blockhouses, loopholes, etc. Maiden
+has long been a military post, with slight defenses. These have been
+recently strengthened. The works at Sandwich and Windsor have also,
+I think, been erected within the last six or eight months.
+
+Near the mouth of the Niagara the British have two small forts--George
+and Mississauga; both existed during the last war. The latter may be
+termed a permanent work. Slight barracks have been erected within the
+last two years on the same side near the Falls and at Chippewa, with
+breastworks at the latter place, but nothing, I believe, above the
+works first named on the Niagara which can be termed a fort.
+
+Since the commencement of recent troubles in the Canadas and (consequent
+thereupon) within our limits Fort William Henry, at Kingston, and Fort
+Wellington, opposite to Ogdensburg (old works), have both been
+strengthened within themselves, besides the addition of dependencies.
+These forts may be called permanent.
+
+On the St. Lawrence below Prescott, and confronting our territory,
+I know of no other military post. Twelve miles above, at Brockville,
+there may be temporary barracks and breastworks. I know that of late
+Brockville has been a military station.
+
+In the system of defenses on the approaches to Montreal the Isle aux
+Noix, a few miles below our line, and in the outlet of Lake Champlain,
+stands at the head. This island contains within itself a system of
+permanent works of great strength. On them the British Government has
+from time to time since the peace of 1815 expended much skill and labor.
+
+Odletown, near our line, on the western side of Lake Champlain, has been
+a station for a body of Canadian militia for two years, to guard the
+neighborhood from refugee incendiaries from our side. I think that
+barracks have been erected there for the accommodation of those troops,
+and also at a station, with the like object, near Alburgh, in Vermont.
+
+It is believed that there are no important British forts or extensive
+British barracks on our borders from Vermont to Maine.
+
+In respect to such structures on _the disputed territory_, Governor
+Fairfield's published letters contain fuller information than has
+reached me through any other channel. I have heard of no new military
+preparations by the British authorities on the St. Croix or
+Passamaquoddy Bay.
+
+Among such preparations, perhaps I ought not to omit the fact that Great
+Britain, besides numerous corps of well-organized and well-instructed
+militia, has at this time within her North American Provinces more than
+20,000 of her best regular troops. The whole of those forces might be
+brought to the verge of our territory in a few days. Two-thirds of that
+regular force has arrived out since the spring of 1838.
+
+I remain, sir, with great respect, your most obedient servant,
+
+WINFIELD SCOTT.
+
+
+
+WASHINGTON, _March 28, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I communicate to the House of Representatives, in compliance with their
+resolution of the 9th instant, reports[67] from the Secretaries of State
+and War, with documents, which contain information on the subject of
+that resolution.
+
+M. VAN BUREN.
+
+[Footnote 67: Relating to the British naval armament on the American
+lakes, etc.]
+
+
+
+WASHINGTON, _March 31, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I communicate to the House of Representatives a report[68] from the
+Secretary of State, with documents, containing the information called
+for by their resolution of the 23d instant.
+
+M. VAN BUREN.
+
+[Footnote 68: Relating to the demand of the minister of Spain for the
+surrender of the schooner _Amistad_, with Africans on board, detained by
+the American brig of war _Washington_, etc.]
+
+
+
+WASHINGTON CITY, _April 3, 1840_.
+
+Hon. R.M.T. HUNTER,
+
+_Speaker of the House of Representatives_.
+
+SIR: In compliance with a resolution of the House of Representatives of
+the 9th ultimo, I communicate herewith, accompanied by a report from
+the Secretary of War, "copies of the arrangement entered into between
+the governor of Maine and Sir John Harvey, lieutenant-governor of New
+Brunswick, through the mediation of Major-General Scott, in the month
+of March last (1839), together with copies of the instructions given to
+General Scott and of all correspondence with him relating to the subject
+of controversy between the State of Maine and the Province of New
+Brunswick."
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _April 10, 1840_.
+
+_To the House of Representatives of the United States_:
+
+In compliance with the resolution of the House of Representatives of
+the 23d March last, I transmit a report[69] from the Secretary of State,
+which, with the documents accompanying it, contains the information in
+possession of the Department in relation to the subject of the resolution.
+
+M. VAN BUREN.
+
+[Footnote 69: Relating to the seizure and condemnation by British
+authorities of American vessels engaged in the fisheries.]
+
+
+
+WASHINGTON, _April, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith communications from the Secretary of War and
+Commissioner of Indian Affairs, giving the information "in possession of
+the Government respecting the assemblage of Indians on the northwestern
+frontier, and especially as to the interference of the officers or
+agents of any foreign power with the Indians of the United States in the
+vicinity of the Great Lakes," which I was requested to communicate by
+the resolution of the House of Representatives of the 9th ultimo.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _April 14, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I transmit to the House of Representatives a report[70] from the
+Secretary of State, with documents, containing the information required
+by their resolution of the 9th March last.
+
+M. VAN BUREN.
+
+[Footnote 70: Relating to the tobacco trade between the United States
+and foreign countries.]
+
+
+
+APRIL 15, 1840.
+
+_To the Senate of the United States_:
+
+In further compliance with a resolution of the Senate passed December
+30, 1839, I herewith submit reports[71] from the Secretary of the Navy
+and the Postmaster-General, together with a supplemental statement
+from the Secretary of the Treasury, and the correspondence annexed.
+
+M. VAN BUREN.
+
+[Footnote 71: Relating to the sale or exchange of Government drafts
+for bank notes and the payment of Government creditors in depreciated
+currency.]
+
+
+
+WASHINGTON, _April 15, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I transmit a copy of a convention for the adjustment of claims of
+citizens of the United States upon the Government of the Mexican
+Republic, for such legislative action on the part of Congress as may
+be necessary to carry the engagements of the United States under the
+convention into full effect.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _April 18, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a communication from the Secretary of War,
+accompanied by a letter from the Commissioner of Indian Affairs,
+indicating the importance of an extension of the authority given by
+the sixteenth clause of the first section of the act entitled "An act
+providing for the salaries of certain officers therein named, and for
+other purposes," approved 9th May, 1836.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _April 24, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit herewith a report and accompanying documents from the
+Secretary of War, which furnish the information in relation to that
+portion of the defenses[72] of the country intrusted to the charge and
+direction of the Department of War, called for by the resolution of the
+Senate of the 2d of March, 1839.
+
+M. VAN BUREN.
+
+[Footnote 72: Military and naval.]
+
+
+
+WASHINGTON, _April 27, 1840_.
+
+_To the Senate of the United States_:
+
+I lay before the Senate a report[73] of the Postmaster-General,
+in further compliance with a resolution of the Senate of the 30th
+December, 1839.
+
+M. VAN BUREN.
+
+[Footnote 73: Relating to the sale or exchange of Government drafts,
+etc.]
+
+
+
+WASHINGTON, _May 2, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit to the Senate a report[74] from the Secretary of State, which,
+with the papers accompanying it, contains in part the information
+requested by a resolution of the Senate of the 30th December last.
+
+M. VAN BUREN.
+
+[Footnote 74: Relating to bonds of the Territory of Florida.]
+
+
+
+WASHINGTON, _May 9, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I communicate to the House of Representatives a report[75] from the
+Secretary of State, which, with the documents accompanying it, furnishes
+the information requested by their resolution of the 23d of March last.
+
+M. VAN BUREN.
+
+[Footnote 75: Transmitting correspondence with France, Sweden, Denmark,
+and Prussia relating to the surrender to the United States of persons
+charged with piracy and murder on board the United States schooner
+_Plattsburg_ in 1817; correspondence relating to the demand by the
+charge d'affaires of Great Britain for the surrender of a mutineer in
+the British armed ship _Lee_ in 1819; opinion of the Attorney-General
+with regard to the right of the President of the United States or the
+governor of a State to deliver up, on the demand of any foreign
+government, persons charged with crimes committed without the
+jurisdiction of the United States.]
+
+
+
+MAY 11, 1840.
+
+_To the Senate of the United States_:
+
+In part compliance with the resolution of the Senate of the 29th of
+December last, I herewith submit a report[76] from the Secretary of the
+Treasury, with the documents therein referred to.
+
+M. VAN BUREN.
+
+[Footnote 76: Relating to the sale or exchange of Government drafts,
+etc.]
+
+
+
+WASHINGTON, _May 12, 1840_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate a copy of a letter[77] from the secretary
+of the Territory of Florida, with documents accompanying it, received
+at the Department of State since my message of the 2d instant and
+containing additional information on the subject of the resolution
+of the Senate of the 30th of December last.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _May 16, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I transmit the report of the Secretary of War furnishing a statement of
+the amounts paid to persons concerned in negotiating Indian treaties
+since 1829, etc., which completes the information called for by the
+resolution of the House of Representatives dated the 28th January, 1839,
+upon that subject and the disbursing officers in the War Department.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _May 18, 1840_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate a copy of a letter[77] from the governor of
+Florida to the Secretary of State, containing, with the documents
+accompanying it, further information on the subject of the resolution of
+the Senate of the 30th of December last.
+
+M. VAN BUREN.
+
+[Footnote 77: Relating to bonds of the Territory of Florida.]
+
+
+
+WASHINGTON, _May 21, 1840_.
+
+_To the Senate and House of Representatives of the United States_:
+
+I communicate to Congress sundry papers, from which it will be perceived
+that the Imaum of Muscat has transmitted to this country and, through
+the agency of the commander of one of his vessels, offered for my
+acceptance a present, consisting of horses, pearls, and other articles
+of value. The answer of the Secretary of State to a letter from the
+agents of the vessel communicating the offer of the present, and my
+own letter to the Imaum in reply to one which he addressed to me, were
+intended to make known in the proper quarter the reasons which had
+precluded my acceptance of the proffered gift. Inasmuch, however, as the
+commander of the vessel, with the view, as he alleges, of carrying out
+the wishes of his Sovereign, now offers the presents to the Government
+of the United States, I deem it my duty to lay the proposition before
+Congress for such disposition as they may think fit to make of it; and
+I take the opportunity to suggest for their consideration the adoption
+of legislative provisions pointing out the course which they may deem
+proper for the Executive to pursue in any future instances where offers
+of presents by foreign states, either to the Government, its legislative
+or executive branches, or its agents abroad, may be made under
+circumstances precluding a refusal without the risk of giving offense.
+
+The correspondence between the Department of State and our consul at
+Tangier will acquaint Congress with such an instance, in which every
+proper exertion on the part of the consul to refrain from taking charge
+of an intended present proved unavailing. The animals constituting it
+may consequently, under the instructions from the Secretary of State,
+be expected soon to arrive in the United States, when the authority of
+Congress as to the disposition to be made of them will be necessary.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _May 23, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit a communication from the Secretary of War, together with the
+papers therein referred to, relative to the proceedings instituted under
+a resolution of Congress to try the title to the Pea Patch Island,
+in the Delaware River, and recommend that Congress pass a special act
+giving to the circuit court of the district of Maryland jurisdiction
+to try the cause.
+
+M. VAN BUREN.
+
+
+
+JUNE 4, 1840.
+
+_To the House of Representatives_:
+
+I herewith submit a report from the Secretary of the Treasury, showing
+the progress made in complying with the requirements of a resolution
+passed February 6, 1839, concerning mineral lands of the United States.
+
+The documents he communicates contain much important information on the
+subject of those lands, and a plan for the sale of them is in a course
+of preparation and will be presented as soon as completed.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 5, 1840_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate dated the 30th December,
+1839, I transmit herewith the report[78] of the Secretary of War,
+furnishing so much of the information called for by said resolution
+as relates to the Executive Department under his charge.
+
+M. VAN BUREN.
+
+[Footnote 78: Relating to the refusal of banks to pay the Government
+demands in specie since the general resumption in 1838, and the payment
+of Government creditors in depreciated currency.]
+
+
+
+WASHINGTON, _June 5, 1840_.
+
+_To the Senate of the United States_:
+
+In compliance with the resolution of the Senate of the 30th December,
+1839, I communicate the report[79] of the Secretary of War, containing
+the information called for by that resolution as far as it relates to
+the Department under his charge.
+
+M. VAN BUREN.
+
+[Footnote 79: Relating to the manner in which the public funds have been
+paid out by disbursing officers and agents during 1838 and 1839.]
+
+
+
+WASHINGTON, _June 6, 1840_.
+
+_To the House of Representatives_:
+
+I herewith submit a report from the Secretary of the Treasury, in
+relation to certain lands falling within the Chickasaw cession which
+have been sold at Chocchuma and Columbus, in Mississippi, and invite the
+attention of Congress to the subject of further legislation in relation
+to them.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 13, 1840_.
+
+_To the House of Representatives_:
+
+I communicate to the House of Representatives a report[80] from the
+Secretary of State, with documents, containing the information requested
+by their resolution of the 26th of May last.
+
+M. VAN BUREN.
+
+[Footnote 80: Relating to charges preferred by Dr. John Baldwin, of
+Louisiana, against Marmaduke Burroughs, consul at Vera Cruz.]
+
+
+
+WASHINGTON, _June 19, 1840_.
+
+The SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES.
+
+SIR: I transmit a communication from the Secretary of the Navy,
+suggesting that an appropriation of $50,000 be made by Congress to meet
+claims of navy pensioners, payable on the 1st of July next, reimbursable
+by a transfer of stocks belonging to the fund at their nominal value to
+the amount so appropriated, and respectfully recommend the measure to
+the consideration and action of Congress.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 22, 1840_.
+
+_To the Senate of the United States_:
+
+I lay before you, for your consideration, a treaty of commerce and
+navigation between the United States of America and His Majesty the King
+of Hanover, signed by their ministers on the 20th day of May last.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _June 27, 1840_.
+
+_To the Senate_:
+
+The importance of the subject to the tranquillity of our country makes
+it proper that I should communicate to the Senate, in addition to the
+information heretofore transmitted in reply to their resolution of the
+17th of January last, the copy of a letter just received from Mr. Fox,
+announcing the determination of the British Government to consent to the
+principles of our last proposition for the settlement of the question of
+the northeastern boundary, with a copy of the answer made to it by the
+Secretary of State. I can not doubt that, with the sincere disposition
+which actuates both Governments to prevent any other than an amicable
+termination of the controversy, it will be found practicable so to
+arrange the details of a conventional agreement on the principles
+alluded to as to effect that object.
+
+The British commissioners, in their report communicated by Mr. Fox,
+express an opinion that the true line of the treaty of 1783 is
+materially different from that so long contended for by Great Britain.
+The report is altogether _ex parte_ in its character, and has not yet,
+as far as we are informed, been adopted by the British Government. It
+has, however, assumed a form sufficiently authentic and important to
+justify the belief that it is to be used hereafter by the British
+Government in the discussion of the question of boundary; and as
+it differs essentially from the line claimed by the United States,
+an immediate preparatory exploration and survey on our part, by
+commissioners appointed for that purpose, of the portions of the
+territory therein more particularly brought into view would, in my
+opinion, be proper. If Congress concur with me in this view of the
+subject, a provision by them to enable the Executive to carry it into
+effect will be necessary.
+
+M. VAN BUREN.
+
+
+
+_Mr. Fox to Mr. Forsyth_.
+
+WASHINGTON, _June 22, 1840_.
+
+Hon. JOHN FORSYTH, etc.:
+
+The undersigned, Her Britannic Majesty's envoy extraordinary and
+minister plenipotentiary, has the honor to transmit to the Secretary of
+State of the United States, by order of his Government, the accompanying
+printed copies of a report and map which have been presented to Her
+Majesty's Government by Colonel Mudge and Mr. Featherstonhaugh, the
+commissioners employed during the last season to survey the disputed
+territory.
+
+The undersigned is instructed to say that it will of course have become
+the duty of Her Majesty's Government to lay the said report and map
+before Parliament; but Her Majesty's Government have been desirous, as a
+mark of courtesy and consideration toward the Government of the United
+States, that documents bearing upon a question of so much interest
+and importance to the two countries should in the first instance be
+communicated to the President. The documents had been officially placed
+in the hands of Her Majesty's Government only a few days previously
+to the date of the instruction addressed to the undersigned.
+
+Her Majesty's Government feel an unabated desire to bring the
+long-pending questions connected with the boundary between the United
+States and the British possessions in North America to a final and
+satisfactory settlement, being well aware that questions of this nature,
+as long as they remain open between two countries, must be the source of
+frequent irritation on both sides and are liable at any moment to lead
+to events that may endanger the existence of friendly relations.
+
+It is obvious that the questions at issue between Great Britain and
+the United States must be beset with various and really existing
+difficulties, or else those questions would not have remained open ever
+since the year 1783, notwithstanding the frequent and earnest endeavors
+made by each Government to bring them to an adjustment; but Her
+Majesty's Government do not relinquish the hope that the sincere desire
+which is felt by both parties to arrive at an amicable settlement will
+at length be attended with success.
+
+The best clew to guide the two Governments in their future proceedings
+may perhaps be obtained by an examination of the causes of past failure;
+and the most prominent amongst these causes has certainly been a want of
+correct information as to the topographical features and physical
+character of the district in dispute.
+
+This want of adequate information may be traced as one of the
+difficulties which embarrassed the Netherlands Government in its
+endeavors to decide the points submitted to its arbitration in 1830.
+The same has been felt by the Government in England; it has been felt
+and admitted by the Government of the United States, and even by the
+local government of the contiguous State of Maine.
+
+The British Government and the Government of the United States agreed,
+therefore, two years ago that a survey of the disputed territory by a
+joint commission would be the measure best calculated to elucidate and
+solve the questions at issue. The President proposed such a commission
+and Her Majesty's Government consented to it, and it was believed by
+Her Majesty's Government that the general principles upon which the
+commission was to be guided in its local operations had been settled by
+mutual agreement, arrived at by means of a correspondence which took
+place between the two Governments in 1837 and 1838. Her Majesty's
+Government accordingly transmitted in April of last year, for the
+consideration of the President, the draft of a convention to regulate
+the proceedings of the proposed commission. The preamble of that draft
+recited textually the agreement that had been come to by means of notes
+which had been exchanged between the two Governments, and the articles
+of the draft were framed, as Her Majesty's Government considered, in
+strict conformity with that agreement.
+
+But the Government of the United States did not think proper to assent
+to the convention so proposed.
+
+The United States Government did not, indeed, allege that the
+proposed convention was at variance with the result of the previous
+correspondence between the two Governments, but it thought that the
+convention would establish a commission of "mere exploration and
+survey," and the President was of opinion that the step next to be taken
+by the two Governments should be to contract stipulations bearing upon
+the face of them the promise of a final settlement under some form or
+other and within a reasonable time.
+
+The United States Government accordingly transmitted to the undersigned,
+for communication to Her Majesty's Government, in the month of July last
+a counter draft of convention varying considerably in some parts (as the
+Secretary of State of the United States admitted in his letter to the
+undersigned of the 29th of July last) from the draft proposed by Great
+Britain, but the Secretary of State added that the United States
+Government did not deem it necessary to comment upon the alterations
+so made, as the text itself of the counter draft would be found
+sufficiently perspicuous.
+
+Her Majesty's Government might certainly well have expected that
+some reasons would have been given to explain why the United States
+Government declined to confirm an arrangement which was founded upon
+propositions made by that Government itself and upon modifications to
+which that Government had agreed, or that if the American Government
+thought the draft of convention thus proposed was not in conformity with
+the previous agreement it would have pointed out in what respect the two
+were considered to differ.
+
+Her Majesty's Government, considering the present state of the boundary
+question, concur with the Government of the United States in thinking
+that it is on every account expedient that the next measure to be
+adopted by the two Governments should contain arrangements which will
+necessarily lead to a final settlement, and they think that the
+convention which they proposed last year to the President, instead of
+being framed so as to constitute a mere commission of exploration and
+survey, did, on the contrary, contain stipulations calculated to lead
+to the final ascertainment of the boundary between the two countries.
+
+There was, however, undoubtedly one essential difference between
+the British draft and the American counter draft. The British draft
+contained no provision embodying the principle of arbitration; the
+American counter draft did contain such a provision.
+
+The British draft contained no provision for arbitration, because the
+principle of arbitration had not been proposed on either side during the
+negotiations upon which that draft was founded, and because, moreover,
+it was understood at that time that the principle of arbitration would
+be decidedly objected to by the United States.
+
+But as the United States Government have now expressed a wish to embody
+the principle of arbitration in the proposed convention, Her Majesty's
+Government are perfectly willing to accede to that wish.
+
+The undersigned is accordingly instructed to state officially to Mr.
+Forsyth that Her Majesty's Government consent to the two principles
+which form the main foundation of the American counter draft, namely:
+First, that the commission to be appointed shall be so constituted as
+necessarily to lead to a final settlement of the questions of boundary
+at issue between the two countries, and, secondly, that in order to
+secure such a result the convention by which the commission is to be
+created shall contain a provision for arbitration upon points as to
+which the British and American commissioners may not be able to agree.
+
+The undersigned is, however, instructed to add that there are many
+matters of detail in the American counter draft which Her Majesty's
+Government can not adopt. The undersigned will be furnished from his
+Government, by an early opportunity, with an amended draft in conformity
+with the principles above stated, to be submitted to the consideration
+of the President. And the undersigned expects to be at the same time
+furnished with instructions to propose to the Government of the
+United States a fresh, local, and temporary convention for the better
+prevention of incidental border collisions within the disputed territory
+during the time that may be occupied in carrying through the operations
+of survey or arbitration.
+
+The undersigned avails himself of this occasion to renew to the
+Secretary of State the assurance of his distinguished consideration.
+
+H.S. FOX.
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_Washington, June 26, 1840_.
+
+H.S. FOX, Esq., etc.:
+
+The undersigned, Secretary of State of the United States, has had the
+honor to receive a note addressed to him on the 22d instant by Mr. Fox,
+envoy extraordinary and minister plenipotentiary of Great Britain,
+inclosing printed copies of the report and map laid before the British
+Government by the commissioners employed during the last season
+to survey the territory in dispute between the two countries, and
+communicating the consent of Her Britannic Majesty's Government to the
+two principles which form the main foundation of the counter proposition
+of the United States for the adjustment of the question.
+
+The undersigned, having laid Mr. Fox's note before the President, is
+instructed to say in answer that the President duly appreciates the
+motives of courtesy which prompted the British Government to communicate
+to that of the United States the documents referred to, and that he
+derives great satisfaction from the announcement that Her Majesty's
+Government do not relinquish the hope that the sincere desire which is
+felt by both parties to arrive at an amicable settlement will at length
+be attended with success, and from the prospect held out by Mr. Fox of
+his being accordingly furnished by an early opportunity with the draft
+of a proposition amended in conformity with the principles to which Her
+Majesty's Government has acceded, to be submitted to the consideration
+of this Government.
+
+Mr. Fox states that his Government might have expected that when the
+American counter draft was communicated to him some reasons would have
+been given to explain why the United States Government declined
+accepting the British draft of convention, or that if it thought the
+draft was not in conformity with previous agreement it would have
+pointed out in what respect the two were considered to differ.
+
+In the note which the undersigned addressed to Mr. Fox on the 29th July
+of last year, transmitting the American counter draft, he stated that in
+consequence of the then recent events on the frontier and the danger of
+collision between the citizens and subjects of the two Governments a
+mere commission of exploration and survey would be inadequate to the
+exigencies of the occasion and fall behind the just expectations of the
+people of both countries, and referred to the importance of having the
+measure next adopted bear upon its face stipulations which must result
+in a final settlement under some form and in a reasonable time. These
+were the reasons which induced the President to introduce in the new
+project the provisions which he thought calculated for the attainment
+of so desirable an object, and which in his opinion rendered obviously
+unnecessary any allusion to the previous agreements referred to by Mr.
+Fox. The President is gratified to find that a concurrence in those
+views has brought the minds of Her Majesty's Government to a similar
+conclusion, and from this fresh indication of harmony in the wishes of
+the two cabinets he permits himself to anticipate the most satisfactory
+result from the measure under consideration.
+
+The undersigned avails himself of the opportunity to offer to Mr. Fox
+renewed assurances of his distinguished consideration.
+
+JOHN FORSYTH.
+
+
+
+WASHINGTON, _June 29, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit, in answer to a resolution of the Senate of the 12th of March
+last, a communication of the Secretary of War, accompanied by such
+information as could be obtained in relation to the military and naval
+preparations of the British authorities on the northern frontier of the
+United States from Lake Superior to the Atlantic Ocean.
+
+M. VAN BUREN.
+
+
+
+WAR DEPARTMENT, _June 27, 1840_.
+
+The PRESIDENT OF THE UNITED STATES.
+
+SIR: I have the honor to transmit herewith a report of the Commanding
+General, embracing the substance of the answers of the several
+officers who were applied to to furnish the information required by a
+resolution of the Senate of the 12th March last, referred by you to this
+Department, requesting the President to communicate to the Senate, if in
+his judgment compatible with the public interests, any information which
+may be in the possession of the Government, or which can be conveniently
+obtained, of the military and naval preparations of the British
+authorities on the northern frontier of the United States from Lake
+Superior to the Atlantic Ocean, distinguishing the permanent from the
+temporary and field works, and particularly by noticing those which are
+within the claimed limits of the United States.
+
+This report and a letter of General Scott on the subject, which was
+transmitted to the Senate on the 27th of March last, furnish all the
+information the Department is in possession of in relation to the
+requirements of the above resolution.
+
+Very respectfully, your most obedient servant,
+
+J.R. POINSETT.
+
+
+
+HEADQUARTERS OF THE ARMY,
+
+_Washington, June 26, 1840_.
+
+The SECRETARY OF WAR.
+
+SIR: I have the honor to report that in obedience to your instructions
+letters have been addressed to the various officers who it was supposed
+might be able to procure the information required by the resolution of
+the Senate of the 12th of March, to wit: "_Resolved,_ That the President
+of the United States be requested to communicate to the Senate, if in
+his judgment compatible with the public interest, any information which
+maybe in possession of the Government, or which can be conveniently
+obtained, of the military and naval preparations of the British
+authorities on the northern frontier of the United States from Lake
+Superior to the Atlantic Ocean, distinguishing the permanent from the
+temporary and field works, and particularly by noting those which are
+within the claimed limits of the United States." In answer to the letter
+addressed to him on the subject, and with regard to the Senate's
+resolution as far as relates to "military preparations of the British
+authorities on the northern frontier of the United States," General
+Scott communicates the following facts: That he has paid but little
+attention to the forts and barracks erected by the British authorities
+near the borders of Maine _above_ Frederickton, in New Brunswick, or in
+Upper Canada _above_ Cornwall, being of the fixed opinion that all such
+structures would be of little or no military value to either of the
+parties in the event of a new war between the United States and Great
+Britain; that he was last summer at the foot of Lake Superior, and
+neither saw nor heard of any British fort or barracks on the St. Marys
+River; that between Lakes Huron and Brie the British have three sets of
+barracks--one at Windsor, opposite to Detroit; one at Sandwich, a little
+lower down; and the third at Malden, 18 miles below the first--all built
+of sawed logs, strengthened by blockhouses, loopholes, etc.; that Malden
+has long been a military post, with slight defenses; these have been
+recently strengthened. The works at Sandwich and Windsor have also,
+he thinks, been erected within the last six or eight months. That near
+the mouth of the Niagara the British have two small forts--George and
+Mississauga; both existed during the last war; the latter may be termed
+a permanent work. Slight barracks have been erected within the last two
+years on the same side near the Falls and at Chippewa, with breastworks
+at the latter place, but nothing, he believes, above the work first
+named on the Niagara which can be termed a fort.
+
+That since the commencement of recent troubles and (consequent thereon)
+within our own limits Fort William Henry, at Kingston, and Fort
+Wellington, opposite to Ogdensburg (old works), have both been
+strengthened within themselves, besides the addition of dependencies.
+These forts may be called permanent. That on the St. Lawrence below
+Prescott, and confronting our territory, he knows of no other military
+post. Twelve miles above, at Brockville, there may be temporary barracks
+and breastworks; that he knows that of late Brockville has been a
+military station.
+
+That in the system of defenses on the approaches to Montreal the Isle
+aux Noix, a few miles below our line, and in the outlet of Lake
+Champlain, stands at the head. This island contains within itself
+a system of permanent works of great strength; on them the British
+Government has from time to time expended much skill and labor.
+
+That Odletown, near our line, on the western side of Lake Champlain,
+has been a station for a body of Canadian militia for two years,
+to guard the neighborhood from refugee incendiaries from our side.
+He thinks that barracks have been erected there for the accommodation of
+those troops, and also at a station, with the like object, near Alburgh,
+Vt. He believes that there are no important British forts or extensive
+British barracks on our borders from Vermont to Maine. In respect to
+such structures on the disputed territory, that Governor Fairfield's
+published letters contain fuller information than has reached him
+through any other channel; that he has heard of no new military
+preparations by the British authorities on the St. Croix or
+Passamaquoddy Bay.
+
+That among such preparations, perhaps he ought not to omit the fact
+that Great Britain, besides numerous corps of well-organized and
+well-instructed militia, has at this time within her North American
+Provinces more than 20,000 of her best regular troops. The whole of
+those forces might be brought to the verge of our territory in a few
+days. Two-thirds of that regular force has arrived out since the spring
+of 1838. General Scott states that he has had the honor to report
+directly to the Secretary of War with regard to the naval force recently
+maintained upon the American lakes by Great Britain. In answer to a
+similar letter to that addressed to General Scott, General Brady writes
+from Detroit that the only permanent work of which he has any knowledge
+is the one at Fort Malden, which has in the last year been thoroughly
+repaired, and good substantial barracks of wood have been erected within
+the works, sufficient, he thinks, to contain six if not eight hundred
+men; that the timber on the island of Bois Blanc has been partly taken
+off and three small blockhouses erected on the island. These are all the
+military improvements he knows of between the mouth of Detroit River and
+the outlet of Lake Superior. That temporary barracks of wood capable of
+containing perhaps 150 men have been erected opposite to Detroit; that
+some British militia are stationed along the St. Clair River.
+
+Colonel Bankhead writes that of the military and naval preparations of
+the British on the northern frontier of the United States, he can only
+state that Fort Mississauga, nearly opposite our Fort Niagara, has been
+enlarged and strengthened; that permanent and extensive barracks were
+commenced last summer at Toronto and are probably completed by this
+time, and that a large vessel for a steamer was being constructed last
+fall at Niagara City by and for the service of the Government; that
+the British Government has on Lake Ontario a steamboat commanded and
+officered by officers of the navy, and is commissioned, he presumes,
+as a Government vessel; that the authorities of Upper Canada had last
+summer in their service on Lake Erie two steamboats, which were at first
+hired from citizens of Buffalo, but which they subsequently purchased,
+as he was informed.
+
+Lieutenant-Colonel Crane writes from Buffalo that the only military work
+in that vicinity undergoing repairs (within his knowledge) is Fort
+Mississauga, at the mouth of the Niagara River, on the Canada side,
+which the English have been repairing and extending for two years past,
+and it is believed to be now in a very efficient state; that there have
+been rumors of armed steamers being built or building at Chippewa, but
+on inquiry he could learn of none except the ordinary steamboats for the
+navigation of the lakes. It has been said, however, that one is building
+on Lake Ontario by the English, and intended for the revenue service,
+but he does not know what truth there is in this statement.
+
+Lieutenant-Colonel Pierce reports from Plattsburg that he has no
+knowledge of any military or naval preparations of the British
+authorities on the line of frontier adjacent to his command, comprising
+what is generally called the Lake Champlain frontier, except the
+introduction of troops at Odletown and Napierville, near the boundary
+line between New York and Canada, on the west side of the lake, and also
+the establishment of a line of posts from Missisquoi Bay, on the east
+side of the lake, along and near to the Vermont frontier as far as the
+Connecticut River, the erection of a new barrack and fieldwork at St.
+John, and the repairs and armament of the Isle aux Noix, with increased
+force at both of these posts; that none of the positions so occupied by
+British troops are within the claimed limits of the United States; that
+these military preparations (it has been heretofore understood) have
+been made by the British authorities to suppress rebellion and
+insurrection among the Canadian population.
+
+Captain Johnson reports from Fort Brady that he has heard nothing on
+the subject of the resolution but mere rumors, and that there is no
+appearance of any works going up anywhere on the Canada side of the
+St. Marys River. The files of the Adjutant-General's Office have been
+examined, but no further information has been elicited.
+
+Respectfully submitted,
+
+ALEX. MACOMB,
+
+_Major-General_.
+
+
+
+WASHINGTON, _June 29, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith a communication of the Secretary of War, accompanied
+by a report of the Commanding General of the Army, embracing all the
+information which can be obtained in answer to a resolution of the House
+of Representatives of the 6th of April, 1840, requesting to be furnished
+with any information in possession of the executive department showing
+the military preparation of Great Britain by introducing troops into
+Canada or New Brunswick or erecting or repairing fortifications on our
+northern or northeastern boundary or by preparing naval armaments on any
+of the great northern lakes, and what preparations, if any, have been
+made by this Government to put the United States, and especially those
+frontiers, in a posture of defense against Great Britain in case of war.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON CITY, _June 29, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I transmit the inclosed report of the Secretary of War, with
+accompanying documents, furnishing all the information the Department
+has been able to obtain in relation to any violation of or desire on the
+part of Great Britain to annul the agreement entered into between that
+Government and the United States in the month of April, 1817, relative
+to the naval force to be maintained upon the American lakes, called for
+by a resolution of the House of Representatives of the 9th March last.
+
+M. VAN BUREN.
+
+
+
+Hon. R.M. JOHNSON,
+
+_President of the Senate_.
+
+SIR: I transmit herewith to the Senate a statement from the Secretary of
+the Navy of the transfers which have been made since the commencement of
+the present year from different appropriations for the naval service to
+other appropriations for the same service, which had become necessary
+for the public interests.
+
+The law under which these transfers were made conveys no authority for
+refunding the different amounts which may be transferred. On the
+contrary, so soon as the appropriations for the year shall pass and the
+means be furnished for refunding these sums the repayments would be
+prohibited by the law of 3d March, 1809, in relation to general
+transfers.
+
+Some authority to refund the amounts which may be transferred under
+the law of 30th of June, 1834, seems so obviously indispensable to any
+beneficial exercise of the power which it grants that its omission may
+be presumed to have been accidental.
+
+The subject is respectfully referred to the consideration of Congress
+for such action as they may deem proper to accomplish the restoration of
+these transfers, and thus confirm the original appropriations as they
+are established by Congress, instead of leaving their expenditure
+discretionary with the Executive.
+
+M. VAN BUREN.
+
+JULY 2, 1840.
+
+[The same message was addressed to the Speaker of the House of
+Representatives.]
+
+
+
+WASHINGTON, _July 20, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, in reply to the resolution of the Senate of the
+11th March last, a report[81] from the Secretary of War, accompanied
+by a communication and other documents from the Commissioner of
+Indian Affairs.
+
+M. VAN BUREN.
+
+[Footnote 81: Relating to purchases of Indian lands since the
+establishment of the Federal Government.]
+
+
+
+JULY 25, 1840.
+
+The President of the United States, in pursuance of a resolution of
+the Senate of the 20th instant, herewith transmits to the honorable
+Secretary of the Senate a copy of the report of Captain M.C. Perry
+in relation to the light-houses of England and France.
+
+M. VAN BUREN.
+
+
+
+
+EXECUTIVE ORDER.
+
+
+WASHINGTON CITY, _March 31, 1840_.
+
+The President of the United States, finding that different rules prevail
+at different places as well in respect to the hours of labor by persons
+employed on the public works under the immediate authority of himself
+and the Departments as also in relation to the different classes of
+workmen, and believing that much inconvenience and dissatisfaction would
+be removed by adopting a uniform course, hereby directs that all such
+persons, whether laborers or mechanics, be required to work only the
+number of hours prescribed by the ten-hour system.
+
+M. VAN BUREN.
+
+
+
+
+FOURTH ANNUAL MESSAGE.
+
+
+WASHINGTON, _December 5, 1840_.
+
+_Fellow-Citizens of the Senate and House of Representatives_:
+
+Our devout gratitude is due to the Supreme Being for having graciously
+continued to our beloved country through the vicissitudes of another
+year the invaluable blessings of health, plenty, and peace. Seldom
+has this favored land been so generally exempted from the ravages of
+disease or the labor of the husbandman more amply rewarded, and never
+before have our relations with other countries been placed on a more
+favorable basis than that which they so happily occupy at this critical
+conjuncture in the affairs of the world. A rigid and persevering
+abstinence from all interference with the domestic and political
+relations of other States, alike due to the genius and distinctive
+character of our Government and to the principles by which it is
+directed; a faithful observance in the management of our foreign
+relations of the practice of speaking plainly, dealing justly, and
+requiring truth and justice in return as the best conservatives of
+the peace of nations; a strict impartiality in our manifestations of
+friendship in the commercial privileges we concede and those we require
+from others--these, accompanied by a disposition as prompt to maintain
+in every emergency our own rights as we are from principle averse to the
+invasion of those of others, have given to our country and Government a
+standing in the great family of nations of which we have just cause to
+be proud and the advantages of which are experienced by our citizens
+throughout every portion of the earth to which their enterprising and
+adventurous spirit may carry them. Few, if any, remain insensible to
+the value of our friendship or ignorant of the terms on which it can
+be acquired and by which it can alone be preserved.
+
+A series of questions of long standing, difficult in their adjustment
+and important in their consequences, in which the rights of our citizens
+and the honor of the country were deeply involved, have in the course of
+a few years (the most of them during the successful Administration of my
+immediate predecessor) been brought to a satisfactory conclusion; and
+the most important of those remaining are, I am happy to believe, in a
+fair way of being speedily and satisfactorily adjusted.
+
+With all the powers of the world our relations are those of honorable
+peace. Since your adjournment nothing serious has occurred to interrupt
+or threaten this desirable harmony. If clouds have lowered above the
+other hemisphere, they have not cast their portentous shadows upon our
+happy shores. Bound by no entangling alliances, yet linked by a common
+nature and interest with the other nations of mankind, our aspirations
+are for the preservation of peace, in whose solid and civilizing
+triumphs all may participate with a generous emulation. Yet it behooves
+us to be prepared for any event and to be always ready to maintain those
+just and enlightened principles of national intercourse for which this
+Government has ever contended. In the shock of contending empires it
+is only by assuming a resolute bearing and clothing themselves with
+defensive armor that neutral nations can maintain their independent
+rights.
+
+The excitement which grew out of the territorial controversy between
+the United States and Great Britain having in a great measure subsided,
+it is hoped that a favorable period is approaching for its final
+settlement. Both Governments must now be convinced of the dangers with
+which the question is fraught, and it must be their desire, as it is
+their interest, that this perpetual cause of irritation should be
+removed as speedily as practicable. In my last annual message you were
+informed that the proposition for a commission of exploration and survey
+promised by Great Britain had been received, and that a counter project,
+including also a provision for the certain and final adjustment of
+the limits in dispute, was then before the British Government for its
+consideration. The answer of that Government, accompanied by additional
+propositions of its own, was received through its minister here since
+your separation. These were promptly considered, such as were deemed
+correct in principle and consistent with a due regard to the just rights
+of the United States and of the State of Maine concurred in, and the
+reasons for dissenting from the residue, with an additional suggestion
+on our part, communicated by the Secretary of State to Mr. Fox. That
+minister, not feeling himself sufficiently instructed upon some of the
+points raised in the discussion, felt it to be his duty to refer the
+matter to his own Government for its further decision. Having now been
+for some time under its advisement, a speedy answer may be confidently
+expected. From the character of the points still in difference and the
+undoubted disposition of both parties to bring the matter to an early
+conclusion, I look with entire confidence to a prompt and satisfactory
+termination of the negotiation. Three commissioners were appointed
+shortly after the adjournment of Congress under the act of the last
+session providing for the exploration and survey of the line which
+separates the States of Maine and New Hampshire from the British
+Provinces. They have been actively employed until their progress was
+interrupted by the inclemency of the season, and will resume their
+labors as soon as practicable in the ensuing year.
+
+It is understood that their respective examinations will throw new light
+upon the subject in controversy and serve to remove any erroneous
+impressions which may have been made elsewhere prejudicial to the rights
+of the United States. It was, among other reasons, with a view of
+preventing the embarrassments which in our peculiar system of government
+impede and complicate negotiations involving the territorial rights of a
+State that I thought it my duty, as you have been informed on a previous
+occasion, to propose to the British Government, through its minister at
+Washington, that early steps should be taken to adjust the points of
+difference on the line of boundary from the entrance of Lake Superior to
+the most northwestern point of the Lake of the Woods by the arbitration
+of a friendly power in conformity with the seventh article of the treaty
+of Ghent. No answer has yet been returned by the British Government to
+this proposition.
+
+With Austria, France, Prussia, Russia, and the remaining powers of
+Europe I am happy to inform you our relations continue to be of the most
+friendly character. With Belgium a treaty of commerce and navigation,
+based upon liberal principles of reciprocity and equality, was concluded
+in March last, and, having been ratified by the Belgian Government, will
+be duly laid before the Senate. It is a subject of congratulation that
+it provides for the satisfactory adjustment of a long-standing question
+of controversy, thus removing the only obstacle which could obstruct the
+friendly and mutually advantageous intercourse between the two nations.
+A messenger has been dispatched with the Hanoverian treaty to Berlin,
+where, according to stipulation, the ratifications are to be exchanged.
+I am happy to announce to you that after many delays and difficulties a
+treaty of commerce and navigation between the United States and Portugal
+was concluded and signed at Lisbon on the 26th of August last by the
+plenipotentiaries of the two Governments. Its stipulations are founded
+upon those principles of mutual liberality and advantage which the
+United States have always sought to make the basis of their intercourse
+with foreign powers, and it is hoped they will tend to foster and
+strengthen the commercial intercourse of the two countries.
+
+Under the appropriation of the last session of Congress an agent has
+been sent to Germany for the purpose of promoting the interests of our
+tobacco trade.
+
+The commissioners appointed under the convention for the adjustment
+of claims of citizens of the United States upon Mexico having met and
+organized at Washington in August last, the papers in the possession of
+the Government relating to those claims were communicated to the board.
+The claims not embraced by that convention are now the subject of
+negotiation between the two Governments through the medium of our
+minister at Mexico.
+
+Nothing has occurred to disturb the harmony of our relations with the
+different Governments of South America. I regret, however, to be obliged
+to inform you that the claims of our citizens upon the late Republic of
+Colombia have not yet been satisfied by the separate Governments into
+which it has been resolved.
+
+The charge d'affaires of Brazil having expressed the intention of
+his Government not to prolong the treaty of 1828, it will cease to be
+obligatory upon either party on the 12th day of December, 1841, when the
+extensive commercial intercourse between the United States and that vast
+Empire will no longer be regulated by express stipulations.
+
+It affords me pleasure to communicate to you that the Government of
+Chili has entered into an agreement to indemnify the claimants in the
+case of the _Macedonian_ for American property seized in 1819, and to
+add that information has also been received which justifies the hope of
+an early adjustment of the remaining claims upon that Government.
+
+The commissioners appointed in pursuance of the convention between the
+United States and Texas for marking the boundary between them have,
+according to the last report received from our commissioner, surveyed
+and established the whole extent of the boundary north along the western
+bank of the Sabine River from its entrance into the Gulf of Mexico to
+the thirty-second degree of north latitude. The commission adjourned
+on the 16th of June last, to reassemble on the 1st of November for the
+purpose of establishing accurately the intersection of the thirty-second
+degree of latitude with the western bank of the Sabine and the meridian
+line thence to Red River. It is presumed that the work will be concluded
+in the present season.
+
+The present sound condition of their finances and the success with which
+embarrassments in regard to them, at times apparently insurmountable,
+have been overcome are matters upon which the people and Government of
+the United States may well congratulate themselves. An overflowing
+Treasury, however it may be regarded as an evidence of public
+prosperity, is seldom conducive to the permanent welfare of any people,
+and experience has demonstrated its incompatibility with the salutary
+action of political institutions like those of the United States. Our
+safest reliance for financial efficiency and independence has, on the
+contrary, been found to consist in ample resources unencumbered with
+debt, and in this respect the Federal Government occupies a singularly
+fortunate and truly enviable position.
+
+When I entered upon the discharge of my official duties in March, 1837,
+the act for the distribution of the surplus revenue was in a course
+of rapid execution. Nearly $28,000,000 of the public moneys were, in
+pursuance of its provisions, deposited with the States in the months of
+January, April, and July of that year. In May there occurred a general
+suspension of specie payments by the banks, including, with very few
+exceptions, those in which the public moneys were deposited and upon
+whose fidelity the Government had unfortunately made itself dependent
+for the revenues which had been collected from the people and were
+indispensable to the public service.
+
+This suspension and the excesses in banking and commerce out of which it
+arose, and which were greatly aggravated by its occurrence, made to a
+great extent unavailable the principal part of the public money then on
+hand, suspended the collection of many millions accruing on merchants'
+bonds, and greatly reduced the revenue arising from customs and the
+public lands. These effects have continued to operate in various degrees
+to the present period, and in addition to the decrease in the revenue
+thus produced two and a half millions of duties have been relinquished
+by two biennial reductions under the act of 1833, and probably as much
+more upon the importation of iron for railroads by special legislation.
+
+Whilst such has been our condition for the last four years in relation
+to revenue, we have during the same period been subjected to an
+unavoidable continuance of large extraordinary expenses necessarily
+growing out of past transactions, and which could not be immediately
+arrested without great prejudice to the public interest. Of these, the
+charge upon the Treasury in consequence of the Cherokee treaty alone,
+without adverting to others arising out of Indian treaties, has already
+exceeded $5,000,000; that for the prosecution of measures for the
+removal of the Seminole Indians, which were found in progress, has been
+nearly fourteen millions, and the public buildings have required the
+unusual sum of nearly three millions.
+
+It affords me, however, great pleasure to be able to say that from
+the commencement of this period to the present day every demand upon
+the Government, at home or abroad, has been promptly met. This has
+been done not only without creating a permanent debt or a resort to
+additional taxation in any form, but in the midst of a steadily
+progressive reduction of existing burdens upon the people, leaving
+still a considerable balance of available funds which will remain in
+the Treasury at the end of the year. The small amount of Treasury notes,
+not exceeding $4,500,000, still outstanding, and less by twenty-three
+millions than the United States have in deposit with the States, is
+composed of such only as are not yet due or have not been presented
+for payment. They may be redeemed out of the accruing revenue if the
+expenditures do not exceed the amount within which they may, it is
+thought, be kept without prejudice to the public interest, and the
+revenue shall prove to be as large as may justly be anticipated.
+
+Among the reflections arising from the contemplation of these
+circumstances, one, not the least gratifying, is the consciousness that
+the Government had the resolution and the ability to adhere in every
+emergency to the sacred obligations of law, to execute all its contracts
+according to the requirements of the Constitution, and thus to present
+when most needed a rallying point by which the business of the whole
+country might be brought back to a safe and unvarying standard--a result
+vitally important as well to the interests as to the morals of the
+people. There can surely now be no difference of opinion in regard
+to the incalculable evils that would have arisen if the Government at
+that critical moment had suffered itself to be deterred from upholding
+the only true standard of value, either by the pressure of adverse
+circumstances or the violence of unmerited denunciation. The manner
+in which the people sustained the performance of this duty was highly
+honorable to their fortitude and patriotism. It can not fail to
+stimulate their agents to adhere under all circumstances to the line of
+duty and to satisfy them of the safety with which a course really right
+and demanded by a financial crisis may in a community like ours be
+pursued, however apparently severe its immediate operation.
+
+The policy of the Federal Government in extinguishing as rapidly as
+possible the national debt, and subsequently in resisting every
+temptation to create a new one, deserves to be regarded in the same
+favorable light. Among the many objections to a national debt, the
+certain tendency of public securities to concentrate ultimately in the
+coffers of foreign stockholders is one which is every day gathering
+strength. Already have the resources of many of the States and the
+future industry of their citizens been indefinitely mortgaged to the
+subjects of European Governments to the amount of twelve millions
+annually to pay the constantly accruing interest on borrowed money--a
+sum exceeding half the ordinary revenues of the whole United States.
+The pretext which this relation affords to foreigners to scrutinize the
+management of our domestic affairs, if not actually to intermeddle with
+them, presents a subject for earnest attention, not to say of serious
+alarm. Fortunately, the Federal Government, with the exception of an
+obligation entered into in behalf of the District of Columbia, which
+must soon be discharged, is wholly exempt from any such embarrassment.
+It is also, as is believed, the only Government which, having fully and
+faithfully paid all its creditors, has also relieved itself entirely
+from debt. To maintain a distinction so desirable and so honorable to
+our national character should be an object of earnest solicitude. Never
+should a free people, if it be possible to avoid it, expose themselves
+to the necessity of having to treat of the peace, the honor, or the
+safety of the Republic with the governments of foreign creditors, who,
+however well disposed they may be to cultivate with us in general
+friendly relations, are nevertheless by the law of their own condition
+made hostile to the success and permanency of political institutions
+like ours. Most humiliating may be the embarrassments consequent upon
+such a condition. Another objection, scarcely less formidable, to the
+commencement of a new debt is its inevitable tendency to increase in
+magnitude and to foster national extravagance. He has been an
+unprofitable observer of events who needs at this day to be admonished
+of the difficulties which a government habitually dependent on loans
+to sustain its ordinary expenditures has to encounter in resisting
+the influences constantly exerted in favor of additional loans; by
+capitalists, who enrich themselves by government securities for amounts
+much exceeding the money they actually advance--a prolific source of
+individual aggrandizement in all borrowing countries; by stockholders,
+who seek their gains in the rise and fall of public stocks; and by
+the selfish importunities of applicants for appropriations for works
+avowedly for the accommodation of the public, but the real objects of
+which are too frequently the advancement of private interests. The known
+necessity which so many of the States will be under to impose taxes
+for the payment of the interest on their debts furnishes an additional
+and very cogent reason why the Federal Government should refrain from
+creating a national debt, by which the people would be exposed to
+double taxation for a similar object. We possess within ourselves
+ample resources for every emergency, and we may be quite sure that
+our citizens in no future exigency will be unwilling to supply the
+Government with all the means asked for the defense of the country.
+In time of peace there can, at all events, be no justification for the
+creation of a permanent debt by the Federal Government. Its limited
+range of constitutional duties may certainly under such circumstances be
+performed without such a resort. It has, it is seen, been avoided during
+four years of greater fiscal difficulties than have existed in a similar
+period since the adoption of the Constitution, and one also remarkable
+for the occurrence of extraordinary causes of expenditures.
+
+But to accomplish so desirable an object two things are indispensable:
+First, that the action of the Federal Government be kept within
+the boundaries prescribed by its founders, and, secondly, that all
+appropriations for objects admitted to be constitutional, and the
+expenditure of them also, be subjected to a standard of rigid but
+well-considered and practical economy. The first depends chiefly on
+the people themselves--the opinions they form of the true construction
+of the Constitution and the confidence they repose in the political
+sentiments of those they select as their representatives in the Federal
+Legislature; the second rests upon the fidelity with which their more
+immediate representatives and other public functionaries discharge the
+trusts committed to them. The duty of economizing the expenses of the
+public service is admitted on all hands; yet there are few subjects upon
+which there exists a wider difference of opinion than is constantly
+manifested in regard to the fidelity with which that duty is discharged.
+Neither diversity of sentiment nor even mutual recriminations upon a
+point in respect to which the public mind is so justly sensitive can
+well be entirely avoided, and least so at periods of great political
+excitement. An intelligent people, however, seldom fail to arrive in the
+end at correct conclusions in such a matter. Practical economy in the
+management of public affairs can have no adverse influence to contend
+with more powerful than a large surplus revenue, and the unusually
+large appropriations for 1837 may without doubt, independently of the
+extraordinary requisitions for the public service growing out of the
+state of our Indian relations, be in no inconsiderable degree traced
+to this source. The sudden and rapid distribution of the large surplus
+then in the Treasury and the equally sudden and unprecedentedly severe
+revulsion in the commerce and business of the country, pointing with
+unerring certainty to a great and protracted reduction of the revenue,
+strengthened the propriety of the earliest practicable reduction of the
+public expenditures.
+
+But to change a system operating upon so large a surface and applicable
+to such numerous and diversified interests and objects was more than the
+work of a day. The attention of every department of the Government was
+immediately and in good faith directed to that end, and has been so
+continued to the present moment. The estimates and appropriations for
+the year 1838 (the first over which I had any control) were somewhat
+diminished. The expenditures of 1839 were reduced $6,000,000. Those of
+1840, exclusive of disbursements for public debt and trust claims, will
+probably not exceed twenty-two and a half millions, being between two
+and three millions less than those of the preceding year and nine or
+ten millions less than those of 1837. Nor has it been found necessary
+in order to produce this result to resort to the power conferred by
+Congress of postponing certain classes of the public works, except by
+deferring expenditures for a short period upon a limited portion of
+them, and which postponement terminated some time since--at the moment
+the Treasury Department by further receipts from the indebted banks
+became fully assured of its ability to meet them without prejudice to
+the public service in other respects. Causes are in operation which
+will, it is believed, justify a still further reduction, without injury
+to any important national interest. The expenses of sustaining the
+troops employed in Florida have been gradually and greatly reduced
+through the persevering efforts of the War Department, and a reasonable
+hope may be entertained that the necessity for military operations in
+that quarter will soon cease. The removal of the Indians from within
+our settled borders is nearly completed. The pension list, one of the
+heaviest charges upon the Treasury, is rapidly diminishing by death.
+The most costly of our public buildings are either finished or nearly
+so, and we may, I think, safely promise ourselves a continued exemption
+from border difficulties.
+
+The available balance in the Treasury on the 1st of January next is
+estimated at $1,500,000. This sum, with the expected receipts from all
+sources during the next year, will, it is believed, be sufficient to
+enable the Government to meet every engagement and have a suitable
+balance in the Treasury at the end of the year, if the remedial measures
+connected with the customs and the public lands heretofore recommended
+are adopted and the new appropriations by Congress shall not carry the
+expenditures beyond the official estimates.
+
+The new system established by Congress for the safe-keeping of the
+public money, prescribing the kind of currency to be received for the
+public revenue and providing additional guards and securities against
+losses, has now been several months in operation. Although it might be
+premature upon an experience of such limited duration to form a definite
+opinion in regard to the extent of its influences in correcting many
+evils under which the Federal Government and the country have hitherto
+suffered, especially those that have grown out of banking expansions, a
+depreciated currency, and official defalcations, yet it is but right to
+say that nothing has occurred in the practical operation of the system
+to weaken in the slightest degree, but much to strengthen, the confident
+anticipations of its friends. The grounds of these have been heretofore
+so fully explained as to require no recapitulation. In respect to the
+facility and convenience it affords in conducting the public service,
+and the ability of the Government to discharge through its agency every
+duty attendant on the collection, transfer, and disbursement of the
+public money with promptitude and success, I can say with confidence
+that the apprehensions of those who felt it to be their duty to oppose
+its adoption have proved to be unfounded. On the contrary, this branch
+of the fiscal affairs of the Government has been, and it is believed may
+always be, thus carried on with every desirable facility and security.
+A few changes and improvements in the details of the system, without
+affecting any principles involved in it, will be submitted to you by the
+Secretary of the Treasury, and will, I am sure, receive at your hands
+that attention to which they may on examination be found to be entitled.
+
+I have deemed this brief summary of our fiscal affairs necessary
+to the due performance of a duty specially enjoined upon me by the
+Constitution. It will serve also to illustrate more fully the principles
+by which I have been guided in reference to two contested points in our
+public policy which were earliest in their development and have been
+more important in their consequences than any that have arisen under
+our complicated and difficult, yet admirable, system of government.
+I allude to a national debt and a national bank. It was in these that the
+political contests by which the country has been agitated ever since the
+adoption of the Constitution in a great measure originated, and there is
+too much reason to apprehend that the conflicting interests and opposing
+principles thus marshaled will continue as heretofore to produce similar
+if not aggravated consequences.
+
+Coming into office the declared enemy of both, I have earnestly
+endeavored to prevent a resort to either.
+
+The consideration that a large public debt affords an apology, and
+produces in some degree a necessity also, for resorting to a system
+and extent of taxation which is not only oppressive throughout, but is
+likewise so apt to lead in the end to the commission of that most odious
+of all offenses against the principles of republican government, the
+prostitution of political power, conferred for the general benefit,
+to the aggrandizement of particular classes and the gratification of
+individual cupidity, is alone sufficient, independently of the weighty
+objections which have already been urged, to render its creation and
+existence the sources of bitter and unappeasable discord. If we add
+to this its inevitable tendency to produce and foster extravagant
+expenditures of the public moneys, by which a necessity is created for
+new loans and new burdens on the people, and, finally, refer to the
+examples of every government which has existed for proof, how seldom it
+is that the system, when once adopted and implanted in the policy of a
+country, has failed to expand itself until public credit was exhausted
+and the people were no longer able to endure its increasing weight, it
+seems impossible to resist the conclusion that no benefits resulting
+from its career, no extent of conquest, no accession of wealth to
+particular classes, nor any nor all its combined advantages, can
+counterbalance its ultimate but certain results--a splendid government
+and an impoverished people.
+
+If a national bank was, as is undeniable, repudiated by the framers of
+the Constitution as incompatible with the rights of the States and the
+liberties of the people; if from the beginning it has been regarded by
+large portions of our citizens as coming in direct collision with that
+great and vital amendment of the Constitution which declares that all
+powers not conferred by that instrument on the General Government are
+reserved to the States and to the people; if it has been viewed by them
+as the first great step in the march of latitudinous construction, which
+unchecked would render that sacred instrument of as little value as an
+unwritten constitution, dependent, as it would alone be, for its meaning
+on the interested interpretation of a dominant party, and affording no
+security to the rights of the minority--if such is undeniably the case,
+what rational grounds could have been conceived for anticipating aught
+but determined opposition to such an institution at the present day.
+
+Could a different result have been expected when the consequences which
+have flowed from its creation, and particularly from its struggles to
+perpetuate its existence, had confirmed in so striking a manner the
+apprehensions of its earliest opponents; when it had been so clearly
+demonstrated that a concentrated money power, wielding so vast a capital
+and combining such incalculable means of influence, may in those
+peculiar conjunctures to which this Government is unavoidably exposed
+prove an overmatch for the political power of the people themselves;
+when the true character of its capacity to regulate according to its
+will and its interests and the interests of its favorites the value and
+production of the labor and property of every man in this extended
+country had been so fully and fearfully developed; when it was notorious
+that all classes of this great community had, by means of the power and
+influence it thus possesses, been infected to madness with a spirit of
+heedless speculation; when it had been seen that, secure in the support
+of the combination of influences by which it was surrounded, it could
+violate its charter and set the laws at defiance with impunity; and
+when, too, it had become most apparent that to believe that such an
+accumulation of powers can ever be granted without the certainty of
+being abused was to indulge in a fatal delusion?
+
+To avoid the necessity of a permanent debt and its inevitable
+consequences I have advocated and endeavored to carry into effect the
+policy of confining the appropriations for the public service to such
+objects only as are clearly within the constitutional authority of the
+Federal Government; of excluding from its expenses those improvident and
+unauthorized grants of public money for works of internal improvement
+which were so wisely arrested by the constitutional interposition of my
+predecessor, and which, if they had not been so checked, would long
+before this time have involved the finances of the General Government
+in embarrassments far greater than those which are now experienced by
+any of the States; of limiting all our expenditures to that simple,
+unostentatious, and economical administration of public affairs which is
+alone consistent with the character of our institutions; of collecting
+annually from the customs, and the sales of public lands a revenue fully
+adequate to defray all the expenses thus incurred; but under no pretense
+whatsoever to impose taxes upon the people to a greater amount than was
+actually necessary to the public service conducted upon the principles
+I have stated.
+
+In lieu of a national bank or a dependence upon banks of any
+description for the management of our fiscal affairs, I recommended
+the adoption of the system which is now in successful operation.
+That system affords every requisite facility for the transaction of
+the pecuniary concerns of the Government; will, it is confidently
+anticipated, produce in other respects many of the benefits which have
+been from time to time expected from the creation of a national bank,
+but which have never been realized; avoid the manifold evils inseparable
+from such an institution; diminish to a greater extent than could be
+accomplished by any other measure of reform the patronage of the Federal
+Government--a wise policy in all governments, but more especially so in
+one like ours, which works well only in proportion as it is made to rely
+for its support upon the unbiased and unadulterated opinions of its
+constituents; do away forever all dependence on corporate bodies either
+in the raising, collecting, safekeeping, or disbursing the public
+revenues, and place the Government equally above the temptation of
+fostering a dangerous and unconstitutional institution at home or the
+necessity of adapting its policy to the views and interests of a still
+more formidable money power abroad.
+
+It is by adopting and carrying out these principles under circumstances
+the most arduous and discouraging that the attempt has been made, thus
+far successfully, to demonstrate to the people of the United States that
+a national bank at all times, and a national debt except it be incurred
+at a period when the honor and safety of the nation demand the temporary
+sacrifice of a policy which should only be abandoned in such exigencies,
+are not merely unnecessary, but in direct and deadly hostility to the
+principles of their Government and to their own permanent welfare.
+
+The progress made in the development of these positions appears in the
+preceding sketch of the past history and present state of the financial
+concerns of the Federal Government. The facts there stated fully
+authorize the assertion that all the purposes for which this Government
+was instituted have been accomplished during four years of greater
+pecuniary embarrassment than were ever before experienced in time of
+peace, and in the face of opposition as formidable as any that was ever
+before arrayed against the policy of an Administration; that this has
+been done when the ordinary revenues of the Government were generally
+decreasing as well from the operation of the laws as the condition
+of the country, without the creation of a permanent public debt or
+incurring any liability other than such as the ordinary resources of
+the Government will speedily discharge, and without the agency of a
+national bank.
+
+If this view of the proceedings of the Government for the period it
+embraces be warranted by the facts as they are known to exist; if the
+Army and Navy have been sustained to the full extent authorized by law,
+and which Congress deemed sufficient for the defense of the country and
+the protection of its rights and its honor; if its civil and diplomatic
+service has been equally sustained; if ample provision has been made for
+the administration of justice and the execution of the laws; if the
+claims upon public gratitude in behalf of the soldiers of the Revolution
+have been promptly met and faithfully discharged; if there have been no
+failures in defraying the very large expenditures growing out of that
+long-continued and salutary policy of peacefully removing the Indians to
+regions of comparative safety and prosperity; if the public faith has at
+all times and everywhere been most scrupulously maintained by a prompt
+discharge of the numerous, extended, and diversified claims on the
+Treasury--if all these great and permanent objects, with many others
+that might be stated, have for a series of years, marked by peculiar
+obstacles and difficulties, been successfully accomplished without a
+resort to a permanent debt or the aid of a national bank, have we not
+a right to expect that a policy the object of which has been to sustain
+the public service independently of either of these fruitful sources of
+discord will receive the final sanction of a people whose unbiased and
+fairly elicited judgment upon public affairs is never ultimately wrong?
+
+That embarrassments in the pecuniary concerns of individuals of
+unexampled extent and duration have recently existed in this as in other
+commercial nations is undoubtedly true. To suppose it necessary now
+to trace these reverses to their sources would be a reflection on the
+intelligence of my fellow-citizens. Whatever may have been the obscurity
+in which the subject was involved during the earlier stages of the
+revulsion, there can not now be many by whom the whole question is not
+fully understood.
+
+Not deeming it within the constitutional powers of the General
+Government to repair private losses sustained by reverses in business
+having no connection with the public service, either by direct
+appropriations from the Treasury or by special legislation designed to
+secure exclusive privileges and immunities to individuals or classes
+in preference to or at the expense of the great majority necessarily
+debarred from any participation in them, no attempt to do so has been
+either made, recommended, or encouraged by the present Executive.
+
+It is believed, however, that the great purposes for the attainment of
+which the Federal Government was instituted have not been lost sight
+of. Intrusted only with certain limited powers, cautiously enumerated,
+distinctly specified, and defined with a precision and clearness which
+would seem to defy misconstruction, it has been my constant aim to
+confine myself within the limits so clearly marked out and so carefully
+guarded. Having always been of opinion that the best preservative of
+the union of the States is to be found in a total abstinence from the
+exercise of all doubtful powers on the part of the Federal Government
+rather than in attempts to assume them by a loose construction of the
+Constitution or an ingenious perversion of its words, I have endeavored
+to avoid recommending any measure which I had reason to apprehend would,
+in the opinion even of a considerable minority of my fellow-citizens, be
+regarded as trenching on the rights of the States or the provisions of
+the hallowed instrument of our Union. Viewing the aggregate powers of
+the Federal Government as a voluntary concession of the States, it
+seemed to me that such only should be exercised as were at the time
+intended to be given.
+
+I have been strengthened, too, in the propriety of this course by the
+conviction that all efforts to go beyond this tend only to produce
+dissatisfaction and distrust, to excite jealousies, and to provoke
+resistance. Instead of adding strength to the Federal Government, even
+when successful they must ever prove a source of incurable weakness by
+alienating a portion of those whose adhesion is indispensable to the
+great aggregate of united strength and whose voluntary attachment is
+in my estimation far more essential to the efficiency of a government
+strong in the best of all possible strength--the confidence and
+attachment of all those who make up its constituent elements.
+
+Thus believing, it has been my purpose to secure to the whole people and
+to every member of the Confederacy, by general, salutary, and equal laws
+alone, the benefit of those republican institutions which it was the end
+and aim of the Constitution to establish, and the impartial influence
+of which is in my judgment indispensable to their preservation. I can
+not bring myself to believe that the lasting happiness of the people,
+the prosperity of the States, or the permanency of their Union can be
+maintained by giving preference or priority to any class of citizens
+in the distribution of benefits or privileges, or by the adoption
+of measures which enrich one portion of the Union at the expense of
+another; nor can I see in the interference of the Federal Government
+with the local legislation and reserved rights of the States a remedy
+for present or a security against future dangers.
+
+The first, and assuredly not the least, important step toward relieving
+the country from the condition into which it had been plunged by
+excesses in trade, banking, and credits of all kinds was to place the
+business transactions of the Government itself on a solid basis, giving
+and receiving in all cases value for value, and neither countenancing
+nor encouraging in others that delusive system of credits from which it
+has been found so difficult to escape, and which has left nothing behind
+it but the wrecks that mark its fatal career.
+
+That the financial affairs of the Government are now and have been
+during the whole period of these wide-spreading difficulties conducted
+with a strict and invariable regard to this great fundamental principle,
+and that by the assumption and maintenance of the stand thus taken on
+the very threshold of the approaching crisis more than by any other
+cause or causes whatever the community at large has been shielded from
+the incalculable evils of a general and indefinite suspension of specie
+payments, and a consequent annihilation for the whole period it might
+have lasted of a just and invariable standard of value, will, it is
+believed, at this period scarcely be questioned.
+
+A steady adherence on the part of the Government to the policy which has
+produced such salutary results, aided by judicious State legislation
+and, what is not less important, by the industry, enterprise,
+perseverance, and economy of the American people, can not fail to raise
+the whole country at an early period to a state of solid and enduring
+prosperity, not subject to be again overthrown by the suspension of
+banks or the explosion of a bloated credit system. It is for the people
+and their representatives to decide whether or not the permanent welfare
+of the country (which all good citizens equally desire, however widely
+they may differ as to the means of its accomplishment) shall be in this
+way secured, or whether the management of the pecuniary concerns of the
+Government, and by consequence to a great extent those of individuals
+also, shall be carried back to a condition of things which fostered
+those contractions and expansions of the currency and those reckless
+abuses of credit from the baleful effects of which the country has so
+deeply suffered--a return that can promise in the end no better results
+than to reproduce the embarrassments the Government has experienced, and
+to remove from the shoulders of the present to those of fresh victims
+the bitter fruits of that spirit of speculative enterprise to which our
+countrymen are so liable and upon which the lessons of experience are so
+unavailing. The choice is an important one, and I sincerely hope that it
+may be wisely made.
+
+A report from the Secretary of War, presenting a detailed view of the
+affairs of that Department, accompanies this communication.
+
+The desultory duties connected with the removal of the Indians, in
+which the Army has been constantly engaged on the northern and western
+frontiers and in Florida, have rendered it impracticable to carry into
+full effect the plan recommended by the Secretary for improving its
+discipline. In every instance where the regiments have been concentrated
+they have made great progress, and the best results may be anticipated
+from a continuance of this system. During the last season a part of the
+troops have been employed in removing Indians from the interior to the
+territory assigned them in the West--a duty which they have performed
+efficiently and with praiseworthy humanity--and that portion of them
+which has been stationed in Florida continued active operations there
+throughout the heats of summer.
+
+The policy of the United States in regard to the Indians, of which a
+succinct account is given in my message of 1838, and of the wisdom and
+expediency of which I am fully satisfied, has been continued in active
+operation throughout the whole period of my Administration. Since the
+spring of 1837 more than 40,000 Indians have been removed to their new
+homes west of the Mississippi, and I am happy to add that all accounts
+concur in representing the result of this measure as eminently
+beneficial to that people.
+
+The emigration of the Seminoles alone has been attended with serious
+difficulty and occasioned bloodshed, hostilities having been commenced
+by the Indians in Florida under the apprehension that they would be
+compelled by force to comply with their treaty stipulations. The
+execution of the treaty of Paynes Landing, signed in 1832, but not
+ratified until 1834, was postponed at the solicitation of the Indians
+until 1836, when they again renewed their agreement to remove peaceably
+to their new homes in the West. In the face of this solemn and renewed
+compact they broke their faith and commenced hostilities by the massacre
+of Major Dade's command, the murder of their agent, General Thompson,
+and other acts of cruel treachery. When this alarming and unexpected
+intelligence reached the seat of Government, every effort appears to
+have been made to reenforce General Clinch, who commanded the troops
+then in Florida. General Eustis was dispatched with reenforcements from
+Charleston, troops were called out from Alabama, Tennessee, and Georgia,
+and General Scott was sent to take the command, with ample powers and
+ample means. At the first alarm General Gaines organized a force at
+New Orleans, and without waiting for orders landed in Florida, where
+he delivered over the troops he had brought with him to General Scott.
+
+Governor Call was subsequently appointed to conduct a summer campaign,
+and at the close of it was replaced by General Jesup. These events
+and changes took place under the Administration of my predecessor.
+Notwithstanding the exertions of the experienced officers who had
+command there for eighteen months, on entering upon the administration
+of the Government I found the Territory of Florida a prey to Indian
+atrocities. A strenuous effort was immediately made to bring those
+hostilities to a close, and the army under General Jesup was reenforced
+until it amounted to 10,000 men, and furnished with abundant supplies
+of every description. In this campaign a great number of the enemy
+were captured and destroyed, but the character of the contest only
+was changed. The Indians, having been defeated in every engagement,
+dispersed in small bands throughout the country and became an
+enterprising, formidable, and ruthless banditti. General Taylor, who
+succeeded General Jesup, used his best exertions to subdue them, and was
+seconded in his efforts by the officers under his command; but he too
+failed to protect the Territory from their depredations. By an act
+of signal and cruel treachery they broke the truce made with them by
+General Macomb, who was sent from Washington for the purpose of carrying
+into effect the expressed wishes of Congress, and have continued their
+devastations ever since. General Armistead, who was in Florida when
+General Taylor left the army by permission, assumed the command, and
+after active summer operations was met by propositions for peace, and
+from the fortunate coincidence of the arrival in Florida at the same
+period of a delegation from the Seminoles who are happily settled west
+of the Mississippi and are now anxious to persuade their countrymen to
+join them there hopes were for some time entertained that the Indians
+might be induced to leave the Territory without further difficulty.
+These hopes have proved fallacious and hostilities have been renewed
+throughout the whole of the Territory. That this contest has endured so
+long is to be attributed to causes beyond the control of the Government.
+Experienced generals have had the command of the troops, officers and
+soldiers have alike distinguished themselves for their activity,
+patience, and enduring courage, the army has been constantly furnished
+with supplies of every description, and we must look for the causes
+which have so long procrastinated the issue of the contest in the
+vast extent of the theater of hostilities, the almost insurmountable
+obstacles presented by the nature of the country, the climate, and
+the wily character of the savages.
+
+The sites for marine hospitals on the rivers and lakes which I was
+authorized to select and cause to be purchased have all been designated,
+but the appropriation not proving sufficient, conditional arrangements
+only have been made for their acquisition. It is for Congress to decide
+whether these conditional purchases shall be sanctioned and the humane
+intentions of the law carried into full effect.
+
+The Navy, as will appear from the accompanying report of the Secretary,
+has been usefully and honorably employed in the protection of our
+commerce and citizens in the Mediterranean, the Pacific, on the coast of
+Brazil, and in the Gulf of Mexico. A small squadron, consisting of the
+frigate _Constellation_ and the sloop of war _Boston_, under Commodore
+Kearney, is now on its way to the China and Indian seas for the purpose
+of attending to our interests in that quarter, and Commander Aulick, in
+the sloop of war _Yorktown_, has been instructed to visit the Sandwich
+and Society islands, the coasts of New Zealand and Japan, together with
+other ports and islands frequented by our whale ships, for the purpose
+of giving them countenance and protection should they be required. Other
+smaller vessels have been and still are employed in prosecuting the
+surveys of the coast of the United States directed by various acts of
+Congress, and those which have been completed will shortly be laid
+before you.
+
+The exploring expedition at the latest date was preparing to leave the
+Bay of Islands, New Zealand, in further prosecution of objects which
+have thus far been successfully accomplished. The discovery of a new
+continent, which was first seen in latitude 66 deg. 2' south, longitude 154 deg.
+27' east, and afterwards in latitude 66 deg. 31' south, longitude 153 deg. 40'
+east, by Lieutenants Wilkes and Hudson, for an extent of 1,800 miles,
+but on which they were prevented from landing by vast bodies of ice
+which encompassed it, is one of the honorable results of the enterprise.
+Lieutenant Wilkes bears testimony to the zeal and good conduct of his
+officers and men, and it is but justice to that officer to state that
+he appears to have performed the duties assigned him with an ardor,
+ability, and perseverance which give every assurance of an honorable
+issue to the undertaking.
+
+The report of the Postmaster-General herewith transmitted will exhibit
+the service of that Department the past year and its present condition.
+The transportation has been maintained during the year to the full
+extent authorized by the existing laws; some improvements have been
+effected which the public interest seemed urgently to demand, but not
+involving any material additional expenditure; the contractors have
+generally performed their engagements with fidelity; the postmasters,
+with few exceptions, have rendered their accounts and paid their
+quarterly balances with promptitude, and the whole service of the
+Department has maintained the efficiency for which it has for several
+years been distinguished.
+
+The acts of Congress establishing new mail routes and requiring more
+expensive services on others and the increasing wants of the country
+have for three years past carried the expenditures something beyond the
+accruing revenues, the excess having been met until the past year by
+the surplus which had previously accumulated. That surplus having been
+exhausted and the anticipated increase in the revenue not having been
+realized owing to the depression in the commercial business of the
+country, the finances of the Department exhibit a small deficiency at
+the close of the last fiscal year. Its resources, however, are ample,
+and the reduced rates of compensation for the transportation service
+which may be expected on the future lettings from the general reduction
+of prices, with the increase of revenue that may reasonably be
+anticipated from the revival of commercial activity, must soon place
+the finances of the Department in a prosperous condition.
+
+Considering the unfavorable circumstances which have existed during the
+past year, it is a gratifying result that the revenue has not declined
+as compared with the preceding year, but, on the contrary, exhibits a
+small increase, the circumstances referred to having had no other effect
+than to check the expected income.
+
+It will be seen that the Postmaster-General suggests certain
+improvements in the establishment designed to reduce the weight of the
+mails, cheapen the transportation, insure greater regularity in the
+service, and secure a considerable reduction in the rates of letter
+postage--an object highly desirable. The subject is one of general
+interest to the community, and is respectfully recommended to your
+consideration.
+
+The suppression of the African slave trade has received the continued
+attention of the Government. The brig _Dolphin_ and schooner _Grampus_
+have been employed during the last season on the coast of Africa for the
+purpose of preventing such portions of that trade as were said to be
+prosecuted under the American flag. After cruising off those parts of
+the coast most usually resorted to by slavers until the commencement
+of the rainy season, these vessels returned to the United States for
+supplies, and have since been dispatched on a similar service.
+
+From the reports of the commanding officers it appears that the trade is
+now principally carried on under Portuguese colors, and they express the
+opinion that the apprehension of their presence on the slave coast has
+in a great degree arrested the prostitution of the American flag to this
+inhuman purpose. It is hoped that by continuing to maintain this force
+in that quarter and by the exertions of the officers in command much
+will be done to put a stop to whatever portion of this traffic may have
+been carried on under the American flag and to prevent its use in a
+trade which, while it violates the laws, is equally an outrage on the
+rights of others and the feelings of humanity. The efforts of the
+several Governments who are anxiously seeking to suppress this traffic
+must, however, be directed against the facilities afforded by what are
+now recognized as legitimate commercial pursuits before that object can
+be fully accomplished.
+
+Supplies of provisions, water casks, merchandise, and articles connected
+with the prosecution of the slave trade are, it is understood, freely
+carried by vessels of different nations to the slave factories, and the
+effects of the factors are transported openly from one slave station to
+another without interruption or punishment by either of the nations to
+which they belong engaged in the commerce of that region. I submit
+to your judgments whether this Government, having been the first to
+prohibit by adequate penalties the slave trade, the first to declare it
+piracy, should not be the first also to forbid to its citizens all trade
+with the slave factories on the coast of Africa, giving an example to
+all nations in this respect which if fairly followed can not fail to
+produce the most effective results in breaking up those dens of
+iniquity.
+
+M. VAN BUREN.
+
+
+
+
+SPECIAL MESSAGES.
+
+
+WASHINGTON, _December 7, 1840_.
+
+Hon. R.M.T. HUNTER,
+
+_Speaker of the House of Representatives_.
+
+SIR: I herewith transmit a letter from the Secretary of the Navy, in
+relation to the navy pension fund, to which the attention of Congress is
+invited, and recommend an immediate appropriation of $151,352.39 to meet
+the payment of pensions becoming due on and after the 1st of January,
+1841.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 10, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit, for the action of the Senate, a communication from the
+Secretary of War, on the subject of the transfer of Chickasaw stock to
+the Choctaw tribe, which the accompanying papers explain.
+
+M. VAN BUREN.
+
+
+
+WAR DEPARTMENT, _December 10, 1840_.
+
+The PRESIDENT OF THE UNITED STATES.
+
+SIR: I have the honor to lay before you a communication from the
+Commissioner of Indian Affairs, relative to the transfer of $500,000
+Chickasaw stock to the Choctaws in execution of the compact of 17th
+January, 1837, between those tribes, that if you think it advisable you
+may assent to the proposed transfer and lay the matter before the Senate
+for the sanction of that body.
+
+Very respectfully, your most obedient servant,
+
+J.R. POINSETT.
+
+
+
+WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,
+
+_December, 1840_.
+
+Hon. J.R. POINSETT,
+
+_Secretary of War_.
+
+SIR: A compact was made on the 17th January, 1837, "subject to the
+approval of the President and Senate of the United States," which it
+received from the former on the 24th March, 1837, in conformity with
+the resolution of the Senate of 25th February, between the Choctaw and
+Chickasaw tribes of Indians, of which I have the honor to inclose a copy.
+
+By this instrument the right to occupy a portion of the Choctaw country
+west of the Mississippi was, with certain privileges, secured to the
+Chickasaws, who agreed to pay therefor $530,000, of which $30,000
+were paid in 1837, and the remaining $500,000 it was agreed should be
+invested under the direction of the Government of the United States
+and that the interest should be paid annually to the Choctaws.
+
+There being no money to place in the hands of the United States,
+but a very large amount of Chickasaw stock under the direction of the
+Treasury, the reasonable desire of the Choctaws that this large fund
+belonging to them should be put in their own names on the books of the
+Government can be gratified by a transfer of so much of the stock to the
+Secretary of War for their use, upon which the interest will be received
+and paid over to them. This will be an execution of the agreement of the
+parties. A sale of stocks to raise the money and then a reinvestment of
+it according to the letter of the compact ought not to be resorted to on
+account of their present low price in the market.
+
+In considering this subject in the course of the autumn the thirteenth
+article of the treaty of 24th May, 1834, with the Chickasaws was
+adverted to, by which it is provided: "If the Chickasaws shall be so
+fortunate as to procure a home within the limits of the United States,
+it is agreed that, with the consent of the President and Senate, so much
+of their invested stock as may be necessary to the purchase of a country
+for them to settle in shall be permitted to them to be sold, or the
+United States will advance the necessary amount upon a guaranty and
+pledge of an equal amount of their stocks." The compact before referred
+to having been ratified by the President and Senate, it was doubted
+whether that was not a virtual consent to the application of so much
+of the stock as would be required to pay for the land and privileges
+contracted for by the said compact, and an authority for the transfer
+of it. The question was referred to the Attorney-General, who was of
+opinion that the transfer could not be legally made without the assent
+of the President and Senate to the particular act.
+
+I have therefore respectfully to request that you will lay the matter
+before the President, that if he concurs in the propriety of so doing he
+may give his own and ask the consent of the Senate to the proposed
+proceeding.
+
+Very respectfully, your most obedient,
+
+T. HARTLEY CRAWFORD.
+
+
+
+WASHINGTON, _December 10, 1840_.
+
+_To the Senate_:
+
+I communicate a report[82] of the Secretary of State, with the documents
+accompanying it, in compliance with the resolution of the Senate of the
+20th of July last.
+
+M. VAN BUREN.
+
+[Footnote 82: Relating to sales and donations of public lots in
+Washington, D.C.]
+
+
+
+WASHINGTON, _December 21, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the consideration of the Senate with a view to
+its ratification, a treaty of commerce and navigation between the United
+States of America and His Majesty the King of the Belgians, signed at
+Washington on the 29th day of March, 1840.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 23, 1840_.
+
+_To the House of Representatives of the United States_:
+
+Herewith I transmit a communication[83] from the Secretary of the
+Treasury and also copies of certain papers accompanying it, which are
+believed to embrace the information contemplated by a resolution of the
+House of Representatives of the 17th instant.
+
+M. VAN BUREN.
+
+[Footnote 83: Relating to the suspension of appropriations made at the
+last session of Congress.]
+
+
+
+WASHINGTON, _December 28, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report[84] from
+the Secretary of State, with accompanying papers, in answer to their
+resolution of the 21st instant.
+
+M. VAN BUREN.
+
+[Footnote 84: Transmitting correspondence with Great Britain relative
+to the burning of the steamboat _Caroline_ at Schlosser, N.Y., December
+29, 1837.]
+
+
+
+WASHINGTON, _December 28, 1840_.
+
+_To the Senate of the United States_:
+
+I transmit herewith, for the consideration of the Senate with a view to
+its ratification, a treaty of commerce and navigation between the United
+States and Portugal, signed at Lisbon on the 26th day of August, 1840,
+and certain letters relating thereto, of which a list is annexed.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _December 20, 1840_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report[85] from
+the Secretary of State, with accompanying papers, in answer to their
+resolution of the 23d instant.
+
+M. VAN BUREN.
+
+[Footnote 85: Transmitting correspondence with Great Britain relative to
+proceedings on the part of that Government which may have a tendency to
+interrupt our commerce with China.]
+
+
+
+WASHINGTON, _January 2, 1841_.
+
+_To the House of Representatives of the United States_:
+
+I think proper to communicate to the House of Representatives, in further
+answer to their resolution of the 21st ultimo, the correspondence which
+has since occurred between the Secretary of State and the British
+minister on the same subject.
+
+M. VAN BUREN.
+
+
+
+_Mr. Fox to Mr. Forsyth_.
+
+WASHINGTON, _December 29, 1840_.
+
+Hon. JOHN FORSYTH, etc.
+
+SIR: I have the honor to acknowledge the receipt of your letter of the
+26th instant, in which, in reply to a letter which I had addressed to
+you on the 13th, you acquaint me that the President is not prepared to
+comply with my demand for the liberation of Mr. Alexander McLeod, of
+Upper Canada, now imprisoned at Lockport, in the State of New York, on
+a pretended charge of murder and arson, as having been engaged in the
+destruction of the piratical steamboat _Caroline_ on the 29th of
+December, 1837.
+
+I learn with deep regret that such is the decision of the President of
+the United States, for I can not but foresee the very grave and serious
+consequences that must ensue if, besides the injury already inflicted
+upon Mr. McLeod of a vexatious and unjust imprisonment, any further harm
+should be done to him in the progress of this extraordinary proceeding.
+
+I have lost no time in forwarding to Her Majesty's Government in England
+the correspondence that has taken place, and I shall await the further
+orders of Her Majesty's Government with respect to the important
+question which that correspondence involves.
+
+But I feel it my duty not to close this communication without
+likewise testifying my vast regret and surprise at the expressions which
+I find repeated in your letter with reference to the destruction of the
+steamboat _Caroline_. I had confidently hoped that the first erroneous
+impression of the character of that event, imposed upon the mind of the
+United States Government by partial and exaggerated representations,
+would long since have been effaced by a more strict and accurate
+examination of the facts. Such an investigation must even yet,
+I am willing to believe, lead the United States Government to the
+same conviction with which Her Majesty's authorities on the spot
+were impressed--that the act was one, in the strictest sense, of
+self-defense, rendered absolutely necessary by the circumstances of the
+occasion for the safety and protection of Her Majesty's subjects, and
+justified by the same motives and principles which upon similar and
+well-known occasions have governed the conduct of illustrious officers
+of the United States. The steamboat _Caroline_ was a hostile vessel
+engaged in piratical war against Her Majesty's people, hired from
+her owners for that express purpose, and known to be so beyond the
+possibility of doubt. The place where the vessel was destroyed was
+nominally, it is true, within the territory of a friendly power, but the
+friendly power had been deprived through overbearing piratical violence
+of the use of its proper authority over that portion of territory. The
+authorities of New York had not even been able to prevent the artillery
+of the State from being carried off publicly at midday to be used as
+instruments of war against Her Majesty's subjects. It was under such
+circumstances, which it is to be hoped will never recur, that the
+vessel was attacked by a party of Her Majesty's people, captured, and
+destroyed. A remonstrance against the act in question has been addressed
+by the United States to Her Majesty's Government in England. I am not
+authorized to pronounce the decision of Her Majesty's Government upon
+that remonstrance, but I have felt myself bound to record in the
+meantime the above opinion, in order to protest in the most solemn
+manner against the spirited and loyal conduct of a party of Her
+Majesty's officers and people being qualified, through an unfortunate
+misapprehension, as I believe, of the facts, with the appellation of
+outrage or of murder.
+
+I avail myself of this occasion to renew to you the assurance of my
+distinguished consideration.
+
+H.S. FOX.
+
+
+
+_Mr. Forsyth to Mr. Fox_.
+
+DEPARTMENT OF STATE,
+
+_Washington, December 31, 1840_.
+
+SIR: I have the honor to acknowledge the receipt of your note of the
+29th instant, in reply to mine of the 26th, on the subject of the arrest
+and detention of Alexander McLeod as one of the perpetrators of the
+outrage committed in New York when the steamboat _Caroline_ was seized
+and burnt. Full evidence of that outrage has been presented to Her
+Britannic Majesty's Government with a demand for redress, and of course
+no discussion of the circumstances here can be either useful or proper,
+nor can I suppose it to be your desire to invite it. I take leave of the
+subject with this single remark, that the opinion so strongly expressed
+by you on the facts and principles involved in the demand for reparation
+on Her Majesty's Government by the United States would hardly have been
+hazarded had you been possessed of the carefully collected testimony
+which has been presented to your Government in support of that demand.
+
+I avail myself of the occasion to renew to you the assurance of my
+distinguished consideration.
+
+JOHN FORSYTH.
+
+
+
+WASHINGTON, _January 4, 1841_.
+
+_To the Senate of the United States_:
+
+I submit herewith a treaty concluded with the Miami Indians for the
+cession of their lands in the State of Indiana. The circumstances
+attending this negotiation are fully set forth in the accompanying
+communication from the Secretary of War. Although the treaty was
+concluded without positive instructions and the usual official
+preliminaries, its terms appear to be so advantageous and the
+acquisition of these lands are deemed so desirable by reason of their
+importance to the State of Indiana and the Government, as well as on
+account of the Indians themselves, who will be greatly benefited by
+their removal west, that I have thought it advisable to submit it to
+the action of the Senate.
+
+M. VAN BUREN.
+
+
+
+WAR DEPARTMENT, _January 4, 1841_.
+
+The PRESIDENT OF THE UNITED STATES.
+
+SIR: I have the honor to transmit herewith a treaty concluded with the
+Miami Indians of the State of Indiana, to be laid before the Senate for
+their ratification if upon due consideration of the circumstances under
+which this treaty was negotiated you should think proper to do so. These
+circumstances are fully and correctly set forth in the accompanying
+communication from the Commissioner of Indian Affairs, to which I beg
+leave respectfully to refer you.
+
+I have the honor to be, very respectfully, your most obedient servant,
+
+J.R. POINSETT.
+
+
+
+WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,
+
+_December 29, 1840_.
+
+Hon. J.R. POINSETT,
+
+_Secretary of War_.
+
+SIR: A treaty made with the Miami tribe of Indians in the State of
+Indiana on the 28th day of November last for the residue of their lands
+in that State has been unexpectedly received.
+
+Great anxiety has been manifested by the citizens of Indiana and made
+known by their representatives in both Houses of Congress that a cession
+of the Miami land should be procured, and it seems to have been met by
+a correspondent disposition on the part of the leading men among the
+Indians. On the 25th May last a communication was received from General
+Samuel Milroy, subagent, etc., expressing the belief that the Miamies
+would treat and that their principal chief was desirous before the close
+of his life, now drawing near, to effect a negotiation, as in his
+opinion the emigration or extinction of the tribe were the alternatives
+before them, and suggesting that the most judicious course would be to
+conduct the business informally at the annuity payment. In reply he was
+informed on the 2d July that the Department did not open negotiations
+for the purchase of Indian lands unless thereto previously authorized by
+Congress, and that at the request of a portion of the representation of
+Indiana an estimate had been furnished of the sum that would be required
+to hold a treaty, and that if the presumed intention of obtaining the
+estimate should be realized an effort would be made to execute the
+purpose for which the appropriation would be obtained. (Extracts from
+these letters, so far as they relate to the subject, are herewith sent,
+marked A.[86]) On the 31st July he renewed the subject, accompanied by
+an extract of a letter of 22d July to himself from Allen Hamilton, esq.,
+the confidential friend of Chief Richardville, urging the propriety of
+a negotiation. (B.[86])
+
+On the 12th August, no appropriation having been made by Congress, a
+letter was addressed to you by the Hon. O.H. Smith, of the Senate of the
+United States from Indiana, inclosing a letter from Mr. Hamilton, dated
+on the 11th, urging the vast importance of treating with the Miamies,
+as well to them as to the State, and giving the reasons which in the
+judgment of both led to the conclusion that their particular case should
+form an exception to the general rule that obtains in regard of Indian
+treaties, and recommending strongly the appointment of General Milroy as
+a suitable person to conduct the negotiation. A communication of similar
+character (except the last feature), dated 20th August, was received
+from Mr. Milroy. The letter of the Hon. Mr. Smith was referred by you to
+this office, and on the 27th August, after a conference with you on the
+subject, I replied that exceptions to the rule stated might under very
+peculiar circumstances exist, but that as the Senate certainly, and
+it was believed the House too, had rejected an application for an
+appropriation, the opening of a negotiation might be considered to be
+opposed to an expression of legislative opinion. In answer to the
+suggestion that little or perhaps no expense need be incurred, as the
+treaty could be made at the payment of the annuities, it was remarked
+that the consideration money must necessarily be large, as the Miami
+lands were very valuable, and an appropriation of it required, which
+Congress might be disinclined to grant after what had happened; that it
+was therefore deemed advisable to decline treating, and that perhaps a
+future application for legislative sanction might be more successful.
+Of this letter a copy was sent to General Milroy as a reply on the
+subject in hand to his communication of 31st July, and his letter of
+20th August was further answered on 2d September. (C.[86])
+
+In consequence of the representations referred to, and probably others
+which did not reach me, you addressed me an unofficial note on 14th
+September, suggesting that Allen Hamilton, esq., might at the payment
+of the annuities make an arrangement with the Miamies that would be
+"gratifying to the people as well as beneficial to the service."
+With this expressed wish of the head of the Department, and after
+consultation with you, I wrote unofficial letters to General Samuel
+Milroy and to Allen Hamilton, esq., on the 18th September, setting forth
+the views of the Department as hereinbefore expressed in regard of
+precedent legislative sanction and the importance to Indiana of treating
+with the Miamies, whose disposition to cede their remaining lands on
+just and equitable terms might not continue. It was thought, however, to
+be in keeping with the rule adopted to ascertain informally from the
+Miamies what they would be willing to take for their lands when it was
+their pleasure to emigrate, etc. It was doubted whether it would be
+judicious to reduce the terms to writing, however informally, on account
+of the difficulty there might be in convincing the Indians that it was
+not a treaty, although it was desirable, if it could be safely done,
+that it should be so; and they were informed that a report from them
+would answer "all my purposes, as my object is to be able to say to each
+branch of Congress upon what terms the Miami lands can be had by the
+United States, so that if the terms are approved the necessary law may
+be passed." It was suggested that the annuity payment would afford a
+good opportunity for procuring the information desired, which it was
+expected could be had without any expense, for which there were no
+funds, and that if there were it would not be proper to expend them
+in the way proposed. (D.[86])
+
+I desire to state the facts as they exist so fully as to exhibit
+precisely what has been the action of the Department, without going into
+more detail than may be necessary, and therefore annex extracts and
+copies of the papers referred to instead of embodying them in this
+communication.
+
+On the 28th day of November last a treaty was concluded by Messrs.
+Samuel Milroy and Allen Hamilton with "the chiefs, warriors, and headmen
+of the Miami tribe of Indians," which was received here on the 19th
+instant, accompanied by a letter explanatory of the treaty and stating
+it to have been made by "the undersigned, acting under instructions
+contained in your unofficial letter dated September 18, 1840;" that it
+was made at the annuity payment, when "the views and instructions of the
+Department" were "communicated to the Miami Indians in full council,"
+and that "after full consideration of the subject they decided to reduce
+to treaty form a proposition or the terms upon which they would consent
+to cede their remaining lands in Indiana to the United States, subject,
+as they understand it, to the approval of the Department and the
+approval and ratification of the President and Senate of the United
+States before being of any binding force or efficiency as a treaty."
+With the original treaty I send a copy of the explanatory letter and of
+a communication from General Milroy giving the reasons for the money
+provisions made for the chief Richardville and the family of Chief
+Godfrey. (E.[86])
+
+It will be thus seen that the negotiation of a treaty was not
+authorized; but if in the opinion of the President and Senate it shall
+be advisable to adopt and confirm it, I do not see any legal objection
+to such a course. The quantity of land ceded is estimated at about
+500,000 acres, for which the consideration is fixed at $550,000, or
+$1.10 per acre, of which $250,000 are payable presently and the balance
+in annual payments of $15,000, which will be discharged in twenty years.
+In addition, we will be bound to remove them west of the Mississippi
+within five years, the period stipulated for their emigration, and to
+subsist them for one year after their arrival. These are the chief
+provisions in which the United States are interested. By the second (it
+is called in the treaty now submitted the "22," which, if the President
+should decide to lay it before the Senate, can be corrected by that
+body) article of the treaty of 6th November, 1838, there is reserved
+from the cession contained in that instrument 10 miles square for the
+band of Ma-to-sin-ia, in regard of which the seventh article says:
+
+  "It is further stipulated that the United States convey by patent to
+  Me-shing-go-me-zia, son of Ma-to-sin-ia, the tract of land reserved by
+  the twenty-second article of the treaty of 6th of November, 1838, to
+  the band of Ma-to-sin-ia."
+
+This is a change as to the title of a reservation heretofore sanctioned
+and not now ceded, and so far as the United States are concerned does
+not vary the aspect of the present compact. There are reserved to the
+chief Richardville seven sections of land, and to him and the family of
+the deceased chief Godfrey are to be paid, respectively, considerable
+sums of money, which it seems from the statement of General Milroy were
+debts due to them and acknowledged by the tribe.
+
+The treaty of November, 1838, which was ratified on the 8th February,
+1839, extinguished the Indian title to about 177,000 acres of land and
+cost the United States $335,680, or nearly $2 per acre. Measured by this
+price the present arrangement would seem to be very advantageous. It is
+stated by Messrs. Milroy and Hamilton that more favorable terms will not
+be assented to by the Miamies under any circumstances, and considering
+the great importance of the adoption of this compact, however
+irregularly made, to the State of Indiana, as well as the belief that
+any postponement will probably swallow up what remains to these Indians
+in debts which they most improvidently contract and the conviction that
+nothing can save them from moral ruin but their removal west, I think
+it would be judicious in all views of the matter to adopt and ratify
+this treaty, and respectfully recommend that it, with the accompanying
+papers, be laid before the President, and, if he and you concur in my
+views, that the sanction of it by the Senate be asked.
+
+Respectfully submitted,
+
+T. HARTLEY CRAWFORD.
+
+[Footnote 86: Omitted.]
+
+
+
+WASHINGTON, _January 5, 1841_.
+
+_To the Senate of the United States_:
+
+I communicate to the Senate sundry papers,[87] in further answer to its
+resolution of the 30th of December, 1839, which have been received from
+the governor of Florida since the adjournment of the last session of
+Congress.
+
+M. VAN BUREN.
+
+[Footnote 87: Relating to bonds of the Territory of Florida.]
+
+
+
+WASHINGTON, _January 6, 1841_.
+
+Hon. R.M. JOHNSON,
+
+_President of the Senate_.
+
+SIR: The report of the Secretary of War herewith and the accompanying
+documents are respectfully submitted in reply to the resolution of the
+Senate of June 30, 1840, calling for information in relation to the
+number of soldiers enlisted in the late war and entitled to bounty
+land, etc.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 7, 1841_.
+
+Hon. R.M. JOHNSON,
+
+_President of the Senate_.
+
+SIR: The communication of the Secretary of War and the accompanying
+report of the colonel of Topographical Engineers are respectfully
+submitted in reply to the resolution of the 15th of June last, calling
+for a plan and estimate for the improvement of Pennsylvania avenue west
+of the President's square and for the construction of a stone bridge
+across Rock Creek, etc.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 18, 1841_.
+
+_To the Senate of the United States_:
+
+I herewith transmit to the Senate, in reply to their resolution of
+the 20th of July last, a report from the Secretary of State, with
+accompanying papers.[88]
+
+M. VAN BUREN.
+
+[Footnote 88: Correspondence imputing malpractices to N.P. Trust,
+American consul at Havana, in regard to granting papers to vessels
+engaged in the slave trade, etc.]
+
+
+
+WASHINGTON, _January 19, 1841_.
+
+_To the House of Representatives of the United States_:
+
+I herewith transmit to the House of Representatives a report, with
+accompanying papers,[89] from the Secretary of State, in answer to
+the resolution of the House of the 16th of December last.
+
+M. VAN BUREN.
+
+[Footnote 89: Relating to the origin of any political relations between
+the United States and the Empire of China, etc.]
+
+
+
+WASHINGTON, _January 22, 1841_.
+
+_To the House of Representatives of the United States_:
+
+I transmit herewith to the House of Representatives of the United States
+a report from the Director of the Mint, exhibiting the operations of
+that institution during the year 1840, and I have to invite the special
+attention of Congress to that part of the Director's report in relation
+to the overvaluation given to the gold in foreign coins by the act of
+Congress of June 28, 1834, "regulating the value of certain foreign gold
+coin within the United States."
+
+Applications have been frequently made at the Mint for copies of medals
+voted at different times by Congress to the officers who distinguished
+themselves in the War of the Revolution and in the last war (the dies
+for which are deposited in the Mint), and it is submitted to Congress
+whether authority shall be given to the Mint to strike off copies of
+those medals, in bronze or other metal, to supply those persons making
+application for them, at a cost not to exceed the actual expense of
+striking them off.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _January 29, 1841_.
+
+_To the Senate and House of Representatives_:
+
+By the report of the Secretary of State herewith communicated and the
+accompanying papers it appears that an additional appropriation is
+necessary if it should be the pleasure of Congress that the preparatory
+exploration and survey of the northeastern boundary of the United States
+should be completed.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 1, 1841_.
+
+_To the Senate of the United States_:
+
+I respectfully transmit herewith a report and accompanying documents
+from the Secretary of War, in answer to a resolution of the 22d of
+December, 1840, requesting the President to transmit to the Senate any
+information in his possession relative to the survey directed by the act
+of the 12th of June, 1838, entitled "An act to ascertain and designate
+the boundary line between the State of Michigan and Territory of
+Wiskonsin."
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _February 8, 1841_.
+
+_To the Senate and House of Representatives_:
+
+I transmit herewith the copy of a report from the commissioners for the
+exploration and survey of the northeastern boundary, in addition to the
+documents sent to Congress, with reference to a further appropriation
+for the completion of the duty intrusted to the commission.
+
+M. VAN BUREN.
+
+
+
+_Report of the commissioners appointed by the President of the United
+States under the act of Congress of 20th July, 1840, for the purpose of
+exploring and surveying the boundary line between the States of Maine
+and New Hampshire and the British Provinces_.
+
+NEW YORK, _January 6, 1842_.
+
+Hon. JOHN FORSYTE,
+
+_Secretary of State_.
+
+SIR: The commissioners, having assembled in this city in conformity
+with your orders under date of 29th of July, beg leave respectfully
+to report--
+
+That the extent of country and the great length of the boundary line
+included in the objects of their commission would have rendered it
+impossible to have completed the task assigned them within the limits of
+a single season. In addition to this physical impossibility, the work of
+the present year was entered upon under circumstances very unfavorable
+for making any great progress. The law under which they have acted was
+passed at the last period of a protracted session, when nearly half
+of the season during which working parties can be kept in the field
+had elapsed; and although no delay took place in the appointment of
+commissioners to carry it into effect, the organization of the board was
+not effected, in consequence of the refusal of one of the commissioners
+and the agent to accept of their nomination. The commissioners, acting
+under these disadvantages, have done all that lay in their power to
+accomplish the greatest practicable extent of work, and have obtained
+many results which can not but be important in the examination of the
+vexed and important question which has been committed to them; but after
+having fully and maturely considered the subject and interchanged the
+results of their respective operations they have come to the conclusion
+that it would be premature to embody the partial results which they have
+attained in a general report for the purpose of being laid before the
+political and scientific world. The meridian line of the St. Croix
+has not been carried to a distance of more than 50 miles from the
+monument at the source of that river, and the operations of the other
+commissioners, although they have covered a wide extent of country,
+have fulfilled but one part of the duty assigned them, namely, that of
+exploration; while even in the parts explored actual surveys will be
+necessary for the purpose of presenting the question in such form as can
+admit of no cavil. In particular, the results of the examination of the
+most northern part of the line appear to differ in some points from the
+conclusions of the late British commission. Satisfied that the latter
+have been reached in too hasty a manner and without a sufficient time
+having been expended upon comparative observations, they are cautioned
+by this example against committing a like error. In respect to the
+argumentative part of the report of the British commissioners, the duty
+of furnishing a prompt and immediate reply to such parts of it as rest
+upon the construction of treaties and the acts of diplomacy has been
+rendered far less important than it might at one time have appeared by
+the publication of the more important parts of the argument laid before
+the King of the Netherlands as umpire. This argument, the deliberate
+and studied work of men who well understood the subject, is a full
+exposition of the grounds on which the claim of the United States to the
+whole of the disputed territory rests. It has received the sanction of
+successive Administrations of opposite politics, and may therefore be
+considered, in addition to its original official character, as approved
+by the whole nation. To this publication your commission beg leave to
+refer as embodying an argument which may be styled unanswerable.
+
+The operations of the parties under the command of the several
+commissioners were as follows:
+
+The party under the direction of Professor Renwick left Portland in
+detachments on the 26th and 27th of August. The place of general
+rendezvous was fixed at Woodstock, or, failing that, at the Grand Falls
+of the St. John. The commissary of the party proceeded as speedily as
+possible to Oldtown, in order to procure boats and engage men. Professor
+Renwick passed by land through Brunswick, Gardiner, and Augusta. At
+the former place barometer No. 1 was compared with that of Professor
+Cleaveland, at Gardiner with that of Hallowel Gardiner, esq.; and
+arrangements were made with them to keep registers, to be used as
+corresponding observations with those of the expedition. At Augusta some
+additional articles of equipment were obtained from the authorities of
+the State, but the barometer which it had been hoped might have been
+procured was found to be unfit for service. At Houlton two tents and
+a number of knapsacks, with some gunpowder, were furnished by the
+politeness of General Bustis from the Government stores.
+
+The boats and all the stores reached Woodstock on the 3d September, and
+all the party were collected except one engineer, who had been left
+behind at Bangor in the hopes of obtaining another barometer. A bateau
+was therefore left to bring him on. The remainder of the boats were
+loaded, and the party embarked on the St. John on the morning of the
+4th of September. This, the main body, reached the Grand Falls at noon
+on the 8th of September. The remaining bateau, with the engineer, arrived
+the next evening, having ascended the rapids of the St. John in a time
+short beyond precedent. On its arrival it was found that the barometer,
+on whose receipt reliance had been placed, had not been completed in
+time, and although, as was learnt afterwards, it had been committed as
+soon as finished by the maker to the care of Major Graham, the other
+commissioners felt compelled to set out before he had joined them. The
+want of this barometer, in which defects observed in the others had been
+remedied, was of no little detriment.
+
+A delay of eighteen days had occurred in Portland in consequence of the
+refusal of Messrs. Cleavelaud and Jarvis to accept their appointments,
+and it was known from the experience of the commissioners sent out in
+1838 by the State of Maine that it would require at least three weeks
+to reach the line claimed by the United States from Bangor. It was
+therefore imperative to push forward, unless the risk of having the
+whole of the operations of this party paralyzed by the setting in of
+winter was to be encountered. It was also ascertained at the Grand Falls
+that the streams which were to be ascended were always shallow and
+rapid, and that at the moment they were extremely low, so that the boats
+would not carry more stores than would be consumed within the time
+required to reach the region assigned to Professor Renwick as his share
+of the duty and return. It became, therefore, necessary, as it had been
+before feared it must, to be content with an exploration instead of a
+close and accurate survey. Several of the men employed had been at the
+northern extremity of the meridian line, but their knowledge was limited
+to that single object. Inquiry was carefully made for guides through the
+country between the sources of the Grande Fourche of Restigouche and of
+Tuladi, but none were to be found. One Indian only had passed from the
+head of Green River to the Grande Fourche, but his knowledge was limited
+to a single path, in a direction not likely to shed any light on the
+object of the commission. He was, however, engaged. The French hunters
+of Madawaska had never penetrated beyond the sources of Green River, and
+the Indians who formerly resided on the upper waters of the St. John
+were said to have abandoned the country for more than twelve years.
+
+The party was now divided into four detachments, the first to proceed
+down the Restigouche to the tide of the Bay of Chaleurs, the second to
+ascend the Grande Fourche of Restigouche to its source, the third to be
+stationed on Green River Mountain, the fourth to convey the surplus
+stores and heavy baggage to Lake Temiscouata and thence to ascend the
+Tuladi and Abagusquash to the highest accessible point of the latter.
+It was resolved that the second and fourth detachments should endeavor
+to cross the country and meet each other, following as far as possible
+the height of land. A general rendezvous was again fixed at Lake
+Temiscouata.
+
+In compliance with this plan, the first and second detachments ascended
+the Grande River together, crossed the Wagansis portage, and reached the
+confluence of the Grande Fourche and southwest branch of Restigouche.
+
+The first detachment then descended the united stream, returned by the
+same course to the St. John, and reached the portage at Temiscouata on
+the 7th October. All the intended objects of the detachment were happily
+accomplished.
+
+The second detachment, under the personal direction of the commissioner,
+reached the junction of the north and south branches of the Grande
+Fourche on the 22d September. Two engineers, with two men to carry
+provisions, were then dispatched to cross the country to the meridian
+line, and thence to proceed westward to join the detachment at Kedgwick
+Lake. This duty was performed and many valuable observations obtained,
+but an accident, by which the barometer was broken, prevented all the
+anticipated objects of the mission from being accomplished.
+
+All the stores which could possibly be spared were now placed in a depot
+at the junction of the south branch, and the commissioner proceeded with
+the boats thus lightened toward Kedgwick Lake. The lightening of the
+boats was rendered necessary in consequence of the diminution of the
+volume of the river and the occurrence of falls, over which it would
+have been impossible to convey them when fully loaded. For want of a
+guide, a branch more western than that which issues from the lake was
+entered. One of the boats was therefore sent round into the lake to
+await the return of the engineers dispatched to the meridian line.
+The stores, which were all that could be brought up in the state of the
+waters, were now found to be wholly insufficient to allow of committing
+the party to the unexplored country between this stream and Tuladi. Even
+the four days which must intervene before the return of the engineers
+could be expected would do much to exhaust them. The commissioner
+therefore resolved to proceed across the country, with no other
+companion than two men, carrying ten days' provisions. It was hoped that
+four or five days might suffice for the purpose, but ten of great toil
+and difficulty were spent before Lake Tuladi was reached. The remainder
+of the detachment, united by the return of the engineers, descended the
+north branch of the Grande Fourche to the junction of the south branch,
+ascended the latter, and made the portage to Green River. In this the
+boats were completely worn out, and the last of their food exhausted
+just at the moment that supplies sent up the Green River to meet them
+arrived at their camp.
+
+No arrangement which could have been made would have sufficed to prevent
+the risk of famine which was thus encountered by the second detachment.
+A greater number of boats would have required more men, and these would
+have eaten all they could have carried. No other actual suffering but
+great fatigue and anxiety were encountered; and it is now obvious that
+had the rains which were so abundant during the first week of October
+been snow (as they sometimes are in that climate) there would have been
+a risk of the detachment perishing.
+
+The third detachment reached their station on Green River Mountain on
+the 13th September and continued there until the 12th October. A full
+set of barometric observations was made, the latitude well determined
+by numerous altitudes, and the longitude approximately by some lunar
+observations.
+
+The fourth detachment, after depositing the stores intended for the
+return of the party in charge of the British commissary at Fort Ingall,
+who politely undertook the care of them, ascended the Tuladi, and taking
+its northern branch reached Lake Abagusquash. Here one of the engineers
+wounded himself severely and was rendered unfit for duty. The commissary
+then proceeded a journey of five days toward the east, blazing a path
+and making signals to guide the second detachment.
+
+The difference between the country as it actually exists and as
+represented on any maps prevented the commissioner from meeting this
+party. It found the source of the central or main branch of Tuladi to
+the north of that of the Abagusquash, and following the height of land
+reached the deep and narrow valley of the Rimouski at the point where,
+on the British maps, that stream is represented as issuing from a
+ridge of mountains far north of the line offered to the King of the
+Netherlands as the bounds of the American claim. The commissary
+therefore found it impossible to ascend Rimouski to its source, and
+crossing its valley found himself again on a dividing ridge, where he
+soon struck a stream running to the southeast. This, from a comparison
+of courses and distances, is believed to be the source of the main
+branch of the Grande Fourche of Ristaymoh; and thus the second and
+fourth detachments had reached points within a very short distance
+of each other. The greater breadth of the dividing ridge has thus been
+explored, but it will remain to trace the limits of the valley of the
+Rimouski, which will form a deep indenture in the boundary line. This
+line having been explored, a party was formed, after the assemblage
+of the several divisions at Temiscouata, for the purpose of leveling
+it with the barometer; but the expedition was frustrated by a heavy
+snowstorm, which set in on the 12th October. This, the most important
+part of the whole northern line, therefore remains for future
+investigation. It can only be stated that strong grounds exist for the
+belief that its summits are not only higher than any point which has
+been measured, but that, although cut by the Rimouski, it exceeds in
+average elevation any part of the disputed territory.
+
+The leveling of the Temiscouata portage appeared to be an object of
+great importance, not only on its own account, but as furnishing a base
+for future operations. As soon as a sufficient force had been assembled
+at Lake Temiscouata a party was therefore formed to survey the portage
+with a theodolite. Orders were also given by the commissioner that the
+first barometer which should be returned should be carried over the
+portage. It was believed that this double provision would have secured
+the examination of this point beyond the chance of failure. A snowstorm,
+however (the same which interrupted the last operation referred to), set
+in after the level had been run to the mountain of Biort, and one of the
+laboring men, worn out by his preceding fatigues, fell sick. The party
+being thus rendered insufficient, the engineer in command found himself
+compelled to return. The contemplated operation with the barometer was
+also frustrated, for on examination at Temiscouata it was found that all
+were unfit for further service. In order that the desired object might
+be accomplished, a new expedition was dispatched from New York on the
+12th of November, furnished with four barometers. This party, by great
+exertions, reached St. Andre, on the St. Lawrence, on the eighth day
+and accomplished the object of its mission. The operation was rendered
+possible at this inclement season by its being confined to a beaten road
+and in the vicinity of human habitations.
+
+The country which has been the object of this reconnoissance is, as may
+already be understood, of very difficult access from the settled parts
+of the State of Maine. It is also, at best, almost impenetrable except
+by the water courses. It furnishes no supplies except fish and small
+game, nor can these be obtained by a surveying party which can not be
+strong enough to allow for hunters and fishermen as a constituent part.
+The third detachment alone derived any important benefit from these
+sources. The best mode of supplying a party moving on the eastern
+section would be to draw provisions and stores from the St. Lawrence.
+It is, indeed, now obvious, although it is contrary to the belief of any
+of the persons professing to be acquainted with the subject, that had
+the commissioner proceeded from New York by the way of Montreal and
+Quebec he must have reached the district assigned to him a fortnight
+earlier and have accomplished twice as much work as his party was able
+to perform.
+
+Although much remains to be done in this region, an extensive knowledge
+of a country hitherto unknown and unexplored has been obtained; and this
+not only sheds much light upon the boundary question in its present
+state, but will be of permanent service in case of a further _ex parte_
+examination, or of a joint commission being agreed upon by the
+Governments of Great Britain and the United States.
+
+The season was too late for any efficient work, as the line to be
+explored was not reached before the 22d September. Not only were the
+rivers at their lowest ebb, but ice was met in the progress of the
+parties as early as the 12th September, and snow fell on the 21st and
+22d September. The actual setting in of winter, which sometimes occurs
+in the first week of October, was therefore to be dreaded. From this
+time the country becomes unfit for traveling of any description until
+the streams are bound with solid ice and a crust formed on the snow of
+sufficient firmness to make it passable on snowshoes. The only road is
+that along the St. John River, and it would be almost impossible for a
+party distant more than 10 or 12 miles from that stream to extricate
+itself after the winter begins.
+
+No duty could be well imagined more likely to be disagreeable than that
+assigned to Professor Renwick. The only feasible modes of approach lay
+for hundreds of miles through the acknowledged limits of the British
+territory, and the line he was directed to explore was included within
+the military post of that nation. It may be likened to the entry upon
+the land of a neighbor for the purpose of inquiring into his title.
+Under these circumstances of anticipated difficulty it becomes his duty,
+as well as his pleasure, to acknowledge the uniform attention and
+civilities he has experienced from all parties, whether in official
+or in private stations. All possibility of interruption by the local
+authorities was prevented by a proclamation of His Excellency Sir John
+Harvey, K.C.B., lieutenant-governor of the Province of New Brunswick,
+and the British warden, Colonel Maclauchlan, was personally instrumental
+in promoting the comforts of the commissioner and his assistants.
+Similar attentions were received from the officers of the garrison at
+Fort Ingall, and the commandant of the citadel of Quebec, and from His
+Excellency the Governor-General. Even the private persons whose property
+might be affected by the acknowledgment of the American claim exhibited
+a generous hospitality.
+
+The party under the direction of Captain Talcott left the settlements on
+Halls Stream on the 6th of September. The main branch of this was
+followed to its source in a swamp, in which a branch of the St. Francis
+also had its origin. From this point the party followed the ridge
+dividing the Atlantic from the St. Lawrence waters until it was supposed
+that all the branches of Indian Stream had been headed. In this work the
+party was employed until the 14th September. It had now arrived at a
+point where the Magalloway River should be found to the left, according
+to the most authentic map of the country, especially that prepared by
+the New Hampshire commissioner appointed in 1836 to explore the boundary
+of that State, and accompanying that report.[90] The party accordingly
+bore well north to avoid being led from the true "height of land" by the
+dividing ridge between the Connecticut and Androscoggin rivers. After
+crossing several small streams, it came on the afternoon of the 15th to
+a rivulet about 12 feet wide running to the east, which was supposed
+to be the main Magalloway. The 16th was spent in exploring it to its
+source. The next day it was discovered that what had been taken for
+the Magalloway was a tributary of Salmon River, a large branch of the
+St. Francis, and consequently the party was considerably to the north of
+the boundary.
+
+The supply of provisions did not allow the party to retrace its steps to
+the point where it had diverged from the true dividing ridge. The course
+was therefore changed until it bore a little south; but it was not until
+the 22d that the party found itself again on the dividing ridge, and
+then upon the waters of the Magalloway.
+
+The party reached Arnold River, or Chaudiere, above Lake Megantic, on
+the 24th September. After having recruited and taken a fresh supply of
+provisions from the depot established there, the party was divided into
+two detachments. One returned westward to find the corner of the State
+of New Hampshire as marked by the commission in 1789 appointed to trace
+the boundary line.
+
+It was there ascertained that the corner was on the true _dividing_
+ridge, and not from 8 to 10 miles south, as has been erroneously
+reported by the surveyor employed by the New Hampshire commissioners in
+1836 and reiterated in several official papers. From the State corner
+the dividing ridge was followed to where it had been previously explored
+by the party. Thence a course was taken to the northeast so as to reach
+the head of Lake Megantic, and thence to Lake Magaumac, where on the 8th
+October the two detachments were again united. The detachment led by the
+assistant, Mr. Cutts, had successfully followed the dividing ridge from
+the camp of the 24th on Arnold River to this place.
+
+It was now ascertained that the provisions remaining were not sufficient
+to subsist all of the company until the Kennebec road could be reached
+by following the _height of land_. It was thought advisable again to
+separate into two detachments--one to follow the ridge, supplied with
+provisions for twenty days, and the other to strike for the nearest
+settlement, which it was supposed could be reached in four or five
+days. This movement commenced on the 10th October, and the detachment,
+following the high land, reached the Kennebec road on the 23d, and on
+the following day provisions for the party for fifteen days were placed
+there and a like quantity at the mouth of the Metjarmette. It was
+intended that the two detachments should move simultaneously from these
+two points on the 26th to explore the boundary line as far as Lake
+Etchemin. A deep snow, which commenced falling on the night of the 25th,
+compelled the commissioner to abandon further explorations at that time;
+and there was not the slightest probability that they could be resumed
+before another year.
+
+The result of these explorations may be stated as follows:
+
+About 160 miles of country along or near the "_height of land_" have
+been traversed, the traveled distances carefully estimated, and the
+courses measured with a compass. Barometrical observations were made
+as often as necessary for giving a profile of the route from the head
+of Halls Stream to Arnold or the Chaudiere River, and thence to Lake
+Magaumac via the corner of the State of New Hampshire. Some further
+barometrical observations were made between the lake and the Kennebec
+road, but for a portion of that distance the barometer was unserviceable
+in consequence of air having entered the tube. Astronomical observations
+were made as often as there was an opportunity, but, owing to the
+prevalence of clouds, not as often as was desirable. They will serve for
+correcting the courses and estimated distances traveled. Barometrical
+observations for comparison were made at the intersection of the
+Kennebec road and height of land hourly from 7 a.m. to 5 p.m. while the
+parties were on the dividing ridge.
+
+The only discovery of interest made by this party is that the Magalloway
+River does not head any of the branches of the Connecticut, as it was
+generally believed it did, and consequently our claim to Halls Stream is
+deprived of the support it would have had from the fact that _all_ the
+other branches were headed by an Atlantic river, and consequently could
+not be reached by the line along the height of land from the northwest
+angle of Nova Scotia.
+
+The other commissioner (Major Graham) did not receive his appointment
+until 16th August to fill the place left vacant by the nonacceptance of
+Professor Cleaveland, and to him was assigned the survey and examination
+of the due north line, commencing at the source of the river St. Croix
+and extending to the highlands which divide the waters that flow into
+the river St. Lawrence from those which flow into the Atlantic Ocean.
+
+Immediately after receiving his appointment he took the necessary
+steps for organizing his party, and in addition to two officers of the
+Corps of Topographical Engineers, assigned to him by the commandant of
+the Corps for this service, he called to his aid two civil engineers
+possessing the requisite qualifications for the duties to be performed.
+So soon as the requisite instruments could be procured and put in proper
+order he left New York for Portland, Me., where he arrived on the
+5th of September, expecting there to join his colleagues of the
+commission. They had, however, proceeded to the points designated for
+the commencement of their respective duties, the season being too far
+advanced to justify their incurring any further delay.
+
+At Portland a short conference was had with Mr. Stubbs, the agent of the
+State Department, who furnished the necessary means for procuring an
+outfit for the party in provisions, camp equipage, etc.
+
+The party then proceeded to Bangor, where it was occupied until the
+12th in procuring the necessary supplies of provisions, camp equipage,
+transportation, etc., to enable it to take the field; and a few
+astronomical observations were made here for the purpose of testing the
+rates of the chronometers which were to be used upon this service, as
+well as of obtaining additional data for computing the longitude of this
+place, which, together with the latitude, had been determined by the
+commissioner by a very near approximation in the summer of 1838, while
+occupied upon the military reconnoissances of the northeastern frontier.
+
+On the 12th the party left Bangor for Houlton, where it arrived on the
+evening of the 13th. A depot of provisions was established here for
+supplying the line of their future operations, and the services of the
+requisite number of men as axmen, chain bearers, instrument carriers,
+etc., were engaged.
+
+Pending these preparations and the time necessarily occupied in cutting
+a roadway through the forest from a convenient point on the Calais road
+to the monument at the source of the river St. Croix, a series of
+astronomical observations was made, both by day and by night, by which
+the latitude and longitude of Houlton were satisfactorily determined and
+the rates of the chronometers further tested.
+
+By the 24th of September the roadway was sufficiently opened to permit
+a camp to be established upon the experimental line traced by the United
+States and British surveyors in the year 1817, when an attempt was made
+to mark this portion of the boundary between the two countries agreeably
+to the provisions of the treaty of Ghent of 1815.
+
+The provisions and camp equipage were transported upon a strong but
+roughly constructed sled, drawn by horses, whilst the instruments were
+carried by hand, the surface of the country over which this roadway was
+opened being too rough for any wheeled vehicle to pass.
+
+The point decided upon as the true source of the river St. Croix by the
+United States and British commissioners appointed for that purpose under
+the fifth article of the treaty of 1794 was found and identified, both
+by the inscriptions upon the monument erected there to mark the spot and
+also by the testimony of a living witness of high respectability, who
+has known the locality since it was first designated by the
+commissioners under the treaty of 1794.
+
+The avenue which had been cleared through a dense forest from the
+monument to a distance of 12 miles north of it by the surveyors in
+1817 was easily recognized by the new and thick growth of young timber,
+which, having a width of from 40 to 50 feet, now occupied it. Axmen were
+at once set at work to reopen this avenue, under the supposition that
+the due north line would at least fall within its borders for a distance
+of 12 miles. In the meantime the first astronomical station and camp
+were established, and the transit instrument set up at a distance of
+4,578 feet north of the monument, upon an eminence 45-1/2 feet above
+the level of its base. This position commanded a distinct view of
+the monument to the south, and of the whole line to the north for
+a distance of 11 miles, reaching to Parks Hill. Whilst the work of
+clearing the line of its young growth of timber was progressing a
+series of astronomical observations was commenced at this first camp,
+and continued both day and night without intermission (except when
+interrupted by unfavorable weather), with the sextant, the repeating
+circle of reflection, and the transit instrument, until the latitude and
+longitude of the monument and of this first camp were satisfactorily
+ascertained, and also the direction of the true meridian from the said
+monument established. For this latter purpose several observations
+were in the first place made upon the polar star ([Greek: alpha] Ursae
+Minoris) when at its greatest eastern diurnal elongation, and the
+direction thus obtained was afterwards verified and corrected by
+numerous transit observations upon stars passing the meridian at various
+altitudes both north and south of the zenith. These were multiplied with
+every degree of care, and with the aid of four excellent chronometers,
+whose rates were constantly tested, not only by the transit
+observations, but also by equal altitudes of the sun in the day, to
+correct the time at noon and midnight, and by observed altitudes of east
+and west stars for correcting the same at various hours of the night.
+
+The direction of this meridian, as thus established by the commissioner,
+was found to vary from the experimental line traced by the surveyors of
+1817 by running in the first place to the west of their line, then
+crossing it, and afterwards deviating considerably to the east of it.
+
+At the second principal station erected by the party, distant 6 miles
+and 3,952 feet north of the first camp, or 7 miles and 3,240 feet north
+of the monument, it found itself 60 feet to the west of the line of
+1817. This appeared to be the maximum deviation to the west of that
+line as near as its trace could be identified, which was only marked by
+permanent objects recognized by the party at the termination of each
+mile from the monument. Soon after passing this station the line of 1817
+was crossed, and the party did not afterwards touch it, but deviated
+more and more to the east of it as it progressed north by an irregular
+proportion to the distance advanced.
+
+In order to obtain a correct profile or vertical section along the
+whole extent of this meridian line, in the hopes of furnishing data for
+accurate comparisons of elevations so far as they might be considered
+relevant to the subject in dispute between the two Governments, and also
+to afford an accurate base of comparison for the barometers along an
+extended line which must traverse many ridges that will be objects of
+minute exploration for many miles of lateral extent, an officer was
+detailed to trace a line of levels from the base of the monument marking
+the source of the river St. Croix to tide water at Calais, in Maine, by
+which means the elevation of the base of the monument above the planes
+of mean low and mean high water, and also the elevations of several
+intermediate points of the river St. Croix on its expanded lake surface,
+have been accurately ascertained.
+
+Another officer was at the same time charged with tracing a line of
+levels from the base of the same monument along the due north line
+as marked by the commissioner, by which it is intended that every
+undulation with the absolute heights above the plane of mean low water
+at Calais shall be shown along the whole extent of that line.
+
+At Parks Hill, distant only 12 miles from the monument, a second station
+for astronomical observations was established, and a camp suitable for
+that purpose was formed. On the 26th day of October, whilst occupied in
+completing the prolongation of the meridian line to that point and in
+establishing a camp there, the party was visited by a snowstorm, which
+covered the ground to a depth of 4 inches in the course of six hours.
+This was succeeded by six days of dark, stormy weather, which entirely
+interrupted all progress, and terminated by a rain, with a change to a
+milder temperature, which cleared away the snow. During this untoward
+event the parties made themselves as comfortable as practicable in their
+tents, and were occupied in computing many of the astronomical and other
+observations previously made.
+
+On the 2d of November the weather became clear, and the necessary
+astronomical observations were immediately commenced at Parks Hill.
+From this elevated point the first station could be distinctly seen by
+means of small heliotropes during the day and bright lights erected upon
+it at night. Its direction, with that of several intermediate stations
+due south of Parks Hill, was verified by a new series of transit
+observations upon high and low stars, both north and south of the
+zenith. By the same means the line was prolonged to the north.
+
+In one week after commencing the observations at Parks Hill the weather
+became again unfavorable. The sky was so constantly overcast as to
+preclude all astronomical observations, and the atmosphere so thick as
+to prevent a view to the north which would permit new stations to be
+established with sufficient accuracy in that direction. Unwilling to
+quit the field while there was a prospect of the weather becoming
+sufficiently favorable to enable the party to reach the latitude of Mars
+Hill, or even proceed beyond it, it was determined that some of the
+party should continue in the tents, and there occupy themselves with
+such calculations as ought to be made before quitting the field. The
+officers charged with the line of levels and with the reconnoissances in
+advance for the selection of new positions for stations continued their
+labors in the field, notwithstanding they were frequently exposed to
+slight rain and snow storms, as these portions of the work could go on
+without a clear sky.
+
+On the 13th of November a severe snowstorm occurred, which in a single
+night and a portion of the following morning covered the surface of
+the whole country and the roofs of the tents to a depth of 16 inches.
+The northern extremity of the avenue which had been cleared by the
+surveyors of 1817 was now reached, and, in addition to the young growth
+which had sprung up since that period upon the previous part of the
+line, several miles had been cleared through the dense forest of heavy
+timber in order to proceed with the line of levels, which had reached
+nearly to the Meduxnakeag. The depth of snow now upon the ground
+rendered it impracticable to continue the leveling with the requisite
+accuracy any further, and that part of the work was accordingly
+suspended for the season. The thermometer had long since assumed a range
+extending during the night and frequently during a great portion of the
+day to many degrees below the freezing point.
+
+The highlands bordering on the Aroostook, distant 40 miles to the north
+of the party, were distinctly seen from an elevated position whenever
+the atmosphere was clear, and a long extent of intermediate country of
+inferior elevation to the position then occupied presented itself to the
+view, with the two peaks of Mars Hill rising abruptly above the general
+surface which surrounded their base. The eastern extremity of the base
+of the easternmost peak was nearly 2 degrees of arc, or nine-tenths of a
+mile in space, to the west of the line as it passed the same latitude.
+
+To erect stations opposite to the base of Mars Hill and upon the heights
+of the Aroostook, in order to obtain exact comparisons with the old line
+at these points, were considered objects of so much importance as to
+determine the commissioner to continue the operations in the field to
+the latest practicable period in hopes of accomplishing these ends.
+
+On the 18th day of November the party succeeded in erecting a station
+opposite Mars Hill and very near the meridian line. It was thus proved
+that the line would pass from nine-tenths of a mile to 1 mile east of
+the eastern extremity of the base of the northeast peak of Mars Hill.
+
+On the 30th of November a series of signals was commenced to be
+interchanged at night between the position of the transit instrument
+on Parks Hill and the highlands of the Aroostook. These were continued
+at intervals whenever the weather was sufficiently clear until by
+successive approximations a station was on the 9th of December
+established on the heights 1 mile south of that river and on the
+meridian line. The point thus reached is more than 50 miles from
+the monument at the source of the St. Croix, as ascertained from
+the land surveys made under the authority of the States of Maine and
+Massachusetts. The measurements of the party could not be extended
+to this last point, owing to the depth of the snow which lay upon the
+ground since the middle of November, but the distance derived from the
+land surveys must be a very near approximation to the truth. A permanent
+station was erected at the position established on the Aroostook heights
+and a measurement made from it due west to the experimental or exploring
+line of 1817, by which the party found itself 2,400 feet to the east of
+that line.
+
+Between the 1st and 15th of December the observations were carried on
+almost exclusively during the night, and frequently with the thermometer
+ranging from 0 to 10 and 12 degrees below that point by Fahrenheit's
+scale. Although frequently exposed to this temperature in the
+performance of their duties in the open air at night, and to within a
+few degrees of that temperature during the hours of sleep, with no other
+protection than the tents and camp beds commonly used in the Army, the
+whole party, both officers and men, enjoyed excellent health.
+
+During the day the tents in which the astronomical computations were
+carried on were rendered quite comfortable by means of small stoves,
+but at night the fire would become extinguished and the temperature
+reduced to within a few degrees of that of the outward air. Within
+the observatory tent the comfort of a fire could not be indulged in,
+in consequence of the too great liability to produce serious errors
+of observation by the smoke passing the field of the telescope. The
+astronomical observations were therefore always made in the open air or
+in a tent open to the heavens at top during the hours of observation,
+and without a fire.
+
+On the 16th of December the tents were struck and this party retired
+from the field for the season, there being then more than 2 feet of snow
+on the ground. To the unremitting zeal amidst severe exposures, and to
+the scientific and practical attainments of the officers, both civil and
+military, who served under the orders of the commissioner on this duty,
+he acknowledges himself in a great measure indebted for the progress
+that he was enabled to make, notwithstanding the many difficulties
+encountered.
+
+Observations were made during portions of three lunations of the transit
+of the moon's bright limb and of such tabulated stars as differed but
+little in right ascension and declination from the moon, in order to
+obtain additional data to those furnished by chronometrical comparisons
+with the meridian of Boston for computing the longitude of this meridian
+line.
+
+At the first station, 4,578 feet north of the monument, and also at the
+Parks Hill station, the dip of the magnetic needle was ascertained by a
+series of observations--in the one case upon two and in the other upon
+three separate needles. The horizontal declination was also ascertained
+at both these stations by a full set of observations upon six different
+needles.
+
+The details of these and of all the astronomical observations alluded to
+will be prepared as soon as practicable for the use of the commission,
+should they be required. To His Excellency Major-General Sir John
+Harvey, K.C.B., lieutenant-governor of the Province of New Brunswick,
+Major Graham acknowledges himself greatly indebted for having in the
+most obliging manner extended to him-every facility within his power for
+prosecuting the examinations. From Mr. Connell, of Woodstock, a member
+of the colonial parliament, and from Lieutenant-Colonel Maclauchlan,
+the British land agent, very kind attentions were received.
+
+Major Graham has also great pleasure in acknowledging his obligations to
+General Eustis, commandant of the Eastern Department; to Colonel Pierce,
+commanding the garrison at Houlton, and to his officers; and also to
+Major Ripley, of the Ordnance Department, commanding the arsenal at
+Augusta, for the prompt and obliging manner in which they supplied many
+articles useful to the prosecution of the labors of his party.
+
+The transit instrument with which the meridian line was traced had been
+loaned to the commission by the Hon. William A. Duer, president of
+Columbia College, New York, and the commissioners feel bound to return
+their acknowledgments for the liberality with which the use of this
+astronomical instrument was granted at a time when it would have been
+difficult, and perhaps impossible, to have procured one as well suited
+to the object.
+
+All which is respectfully submitted.
+
+JAS. RENWICK,
+
+JAMES D. GRAHAM,
+
+A. TALCOTT,
+
+_Commissioners_.
+
+[Footnote 90: Also see report No. 176, House of Representatives,
+Twenty-fifth Congress, third session.]
+
+
+
+WASHINGTON, _February 12, 1841_.
+
+_To the Senate of the United States_:
+
+I transmit a report of the Secretary of State, containing the
+information asked for by the resolution of the Senate of the 5th
+instant, relative to the negroes taken on board the schooner _Amistad_.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 2, 1841_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives a report from the
+Attorney-General, with accompanying documents,[91] in compliance with
+the request contained in their resolution of the 23d of March last.
+
+M. VAN BUREN.
+
+[Footnote 91: Opinions of the Attorneys-General of the United States
+from the commencement of the Government to March 1, 1841.]
+
+
+
+WASHINGTON, _March 2, 1841_.
+
+_To the House of Representatives_:
+
+I transmit the accompanying report from the Secretary of State, in
+relation to the resolution of the House of Representatives of the 12th
+ultimo, on the subject of claims of citizens of the United States on the
+Government of Hayti. The information called for thereby is in the course
+of preparation and will be without doubt communicated at the
+commencement of the next session of Congress.
+
+M. VAN BUREN.
+
+
+
+WASHINGTON, _March 3, 1841_.
+
+_To the House of Representatives_:
+
+I transmit to the House of Representatives, in compliance with their
+resolution of the 30th January last, a report[92] from the Secretary of
+State, with accompanying documents.
+
+M. VAN BUREN.
+
+[Footnote 92: Relating to the search or seizure of United States vessels
+on the coast of Africa or elsewhere by British cruisers or authorities,
+and to the African slave trade, etc.]
+
+
+
+
+PROCLAMATION.
+
+
+[From Senate Journal, Twenty-sixth Congress, second session, p. 247.]
+
+
+WASHINGTON, _January 6, 1841_.
+
+_The President of the United States to------, Senator for the State
+of------_.
+
+Certain matters touching the public good requiring that the Senate of
+the United States should be convened on Thursday, the 4th day of March
+next, you are desired to attend at the Senate Chamber, in the city of
+Washington, on that day, then and there to receive and deliberate on
+such communications as shall be made to you.
+
+M. VAN BUREN.
+
+
+
+
+
+End of the Project Gutenberg EBook of A Compilation of the Messages and
+Papers of the Presidents, by James D. Richardson
+
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