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diff --git a/11034.txt b/11034.txt new file mode 100644 index 0000000..b213211 --- /dev/null +++ b/11034.txt @@ -0,0 +1,21040 @@ +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. 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