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diff --git a/old/11034-8.txt~ b/old/11034-8.txt~ new file mode 100644 index 0000000..08441ab --- /dev/null +++ b/old/11034-8.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: ISO-8859-1 + +*** 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 chargé 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_" (Gaspé). + +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 Gaspé Bay, which +communicates with the Gulf of St. Lawrence in latitude 49° 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°, longitude 64° north of Gaspé 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° 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°, 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, £10,000 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 chargé 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 chargé +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 chargé 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 chargé 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 chargé 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 chargé 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 chargé 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 chargé +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 chargé 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 chargé 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 Alcée +La Branche, chargé 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 chargé +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° 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 chargé 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 Curaçoa, 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 chargé 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 chargé 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 +chargé 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 chargé 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° 2' south, longitude 154° +27' east, and afterwards in latitude 66° 31' south, longitude 153° 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. André, 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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Richardson. + </title> + <style type="text/css"> + <!-- + * { font-family: Times; + } + P { text-indent: 1em; + margin-top: .75em; + font-size: 12pt; + text-align: justify; + margin-bottom: .75em; } + H1,H2,H3,H4,H5,H6 { text-align: center; } + HR { width: 33%; } + PRE { font-family: Courier, monospaced;} + .toc { margin-left: 15%; font-size: 10pt; margin-bottom: 0em;} + .r { text-align: right; } + .q { margin-left: 1em; margin-right: 1em; font-size: 80%; } + CENTER { padding: 10px;} + // --> + </style> + </head> + <body> + + +<pre> + +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: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK MARTIN VAN BUREN *** + + + + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + + + + + +</pre> + + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS + </h1> + <center> + <b>BY JAMES D. RICHARDSON</b> + </center> + <p> + + </p> + <p> + + </p> + <h2> + Martin Van Buren + </h2> + <h3> + March 4, 1837, to March 4, 1841 + </h3> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + Martin Van Buren + </h2> + <p> + 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 <i>entente cordiale</i> 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. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + INAUGURAL ADDRESS. + </h2> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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! + </p> + <p> + MARCH 4, 1837. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>March 6, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <center> + [From Statutes at Large (Little & Brown), Vol. V, p. + 802.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + Whereas by an act of Congress of the 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 + </p> + <p> + 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 + </p> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + MARTIN VAN BUREN. + </p> + <p> + <br> + By the President:<br> + JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From Statutes at Large (Little, Brown & Co.), Vol. XI, + p. 783.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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. + </p> + <p> + In testimony whereof I have caused the seal of the United + States to be hereunto affixed, and signed the same with my + hand. + </p> + <p> + [SEAL.] + </p> + <p> + 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. + </p> + <p class="r"> + MARTIN VAN BUREN. + </p> + <p> + <br> + By the President:<br> + JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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 + </p> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + <br> + By the President:<br> + JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EXECUTIVE ORDER. + </h2> + <p class="r"> + HEADQUARTERS OF THE ARMY,<br> + ADJUTANT-GENERAL'S OFFICE,<br> + <i>Washington, March 7, 1837</i>. + </p> + <center> + GENERAL ORDER No. 6. + </center> + <p> + I. The Major-General Commanding in Chief has received from + the War Department the following order: + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 6, 1837</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + The Major-General Commanding in Chief will carry into effect + the foregoing directions of the President of the United + States. + </p> + <p class="r"> + B.F. BUTLER,<br> + <i>Secretary of War ad interim</i>. + </p> + <p> + + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + IV. The officers above named, on the conclusion of the duties + above assigned to them, will repair to their respective + stations. + </p> + <p> + By order of Alexander Macomb, Major-General Commanding in + Chief: + </p> + <p class="r"> + R. JONES,<br> + <i>Adjutant-General</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL SESSION MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>September 4, 1837</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Questions were also expected to arise in the recess in + respect to the October installment of those deposits + requiring the interposition of Congress. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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? + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The character of the funds to be received and disbursed in + the transactions of the Government likewise demands your most + careful consideration. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>September 7, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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 + chargé d'affaires of the United States, and J. Garcia + del Rio, minister of state in the department of finance of + the North Peruvian State. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 19, 1837</i>. + </p> + <p> + Hon. R.M. JOHNSON. + </p> + <p> + 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.<a href="#note-1">1</a> + </p> + <p> + Very respectfully, your obedient servant, + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 26, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a report + from the Secretary of State, accompanied by copies of the + correspondence requested by their resolution of the 13th + instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, September 25, 1837</i>. + </p> + <p> + 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. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, EXECUTIVE DEPARTMENT,<br> + <i>Augusta, March 30, 1837</i>. + </p> + <p> + 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. + </p> + <p> + I am, very respectfully, your obedient servant, + </p> + <p class="r"> + ROBERT P. DUNLAP. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, HOUSE OF REPRESENTATIVES,<br> + <i>MARCH 29, 1837</i>. + </p> + <p> + 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: + </p> + <p> + One object of the federal compact is "to provide for the + common defense and general welfare." + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Your committee therefore submit the following resolutions. + </p> + <p class="r"> + STEPHEN C. FOSTER,<br> + <i>Chairman</i>. + </p> + <center> + STATE OF MAINE. + </center> + <p> + RESOLVE relating to the fortification of frontier States. + </p> + <p> + <i>Resolved</i>, 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. + </p> + <p> + <i>Resolved</i>, 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. + </p> + <p> + <i>Resolved</i>, 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. + </p> + <center> + [Passed by both Houses and approved March 30, 1837.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, EXECUTIVE DEPARTMENT,<br> + <i>Augusta, April 30, 1837</i>. + </p> + <p> + His Excellency MARTIN VAN BUREN,<br> + <i>President of the United States</i>. + </p> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + With high consideration, I have the honor to be, your + obedient servant, + </p> + <p class="r"> + ROBERT P. DUNLAP. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, IN HOUSE OF REPRESENTATIVES,<br> + <i>FEBRUARY 2, 1837</i>. + </p> + <p> + 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: + </p> + <p> + 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; <i>but we do insist</i> that no power is granted by + the Constitution of the United States to <i>limit</i> or + <i>change the boundary of a State or cede a part of its + territory without its consent</i>. It is even by no means + certain how far <i>such consent</i> would enable the treaty + authority to exert its powers. <i>Citizens</i> 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 <i>sell</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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, <i>the northeastern + boundary, the northwesternmost head of Connecticut River</i>, + and <i>the forty-fifth parallel of latitude</i>, he seems to + have determined <i>but one</i>. 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 <i>advises</i> that it + will be <i>convenient (il conviendra)</i> 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 <i>the convenience</i> 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 <i>inconvenient</i> to us, and inasmuch as we are + probably capable of judging of our own "convenience," and + have never solicited <i>the advice</i> of anyone on this + point, it is scarcely to be expected that we shall be + <i>advised</i> to adopt a line so preposterous and injurious. + </p> + <p> + 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 <i>in + execution</i> 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. + </p> + <p> + But the prevailing opinion was that this "award" or "advice" + was <i>perfecting an unfinished</i> 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 <i>for</i> the measure, there were + <i>thirty-four</i> to <i>eight against</i> 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. + </p> + <p> + 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 <i>the rivers</i> 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." + </p> + <p> + The first object, starting place, or <i>terminus a quo</i>, + is this <i>northwest angle of Nova Scotia</i>. It is the + corner of the British Province <i>designated by + themselves</i>. 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 <i>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</i>. + </p> + <p> + 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. + </p> + <p> + 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 <i>terminus a quo, to wit, the northwest + angle of Nova Scotia</i>. 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. + </p> + <p> + The peace of 1783 was considered by Great Britain as <i>a + grant by metes and bounds</i>. The boundaries were + prescribed, and this northwest angle was <i>the + commencement</i>. 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 <i>river</i> 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. + </p> + <p> + 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 <i>down</i> + and not <i>up</i>, and it was consequently inferred that the + <i>land</i> from whence these <i>rivers</i> flowed must of + necessity be <i>high</i>, and unless there are to be found in + that region <i>geological phenomena</i> which exist nowhere + else on the face of the globe this inference is irresistible. + </p> + <p> + 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 + <i>eastward</i> along the shores of the sea of the said river + of Canada to the road, haven, or shore commonly called + <i>Gaspeck</i>" (Gaspé). + </p> + <p> + 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 <i>the rivers</i> that empty + themselves into the said <i>river</i> St. Lawrence from those + which fall into <i>the</i> sea, and also <i>along the north + coast of the Bay de Chaleurs</i> and the coast of the + <i>Gulf</i> of the St. Lawrence to <i>Cape Rosiers</i>" etc. + </p> + <p> + 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 <i>the sea</i>." 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 <i>eastward</i> to + Gaspé Bay, which communicates with the Gulf of St. + Lawrence in latitude 49° 30', and would make nearly an + east and west line. The proclamation of 1763 defines the + <i>south</i> 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 <i>the Gulf</i> of + St. Lawrence. This is the <i>south</i> boundary, and + consequently in an <i>east</i> and <i>west direction</i>; but + it passes <i>north</i> 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 <i>Cape Rosiers</i>, in about latitude 50°, + longitude 64° north of Gaspé Bay, and at the mouth + of the river St. Lawrence, where it communicates with the + gulf or sea. And the act of Parliament makes <i>this south + side</i> from this same bay along those highlands, and it + must <i>inevitably run west</i> or <i>it is no south</i> + boundary. Now no one can doubt that in the proclamation of + 1763 it was the intent to adopt Sir William Alexander's + <i>northern</i> for this <i>southern</i> boundary of the + Province of Quebec. + </p> + <p> + 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 + <i>easterly</i>, would be north of northeast, <i>crossing</i> + 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 <i>no sort of respect</i>. + </p> + <p> + We may now by these facts and reflections give this inquiry a + right direction, <i>to wit,</i> 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 <i>left</i> or <i>west</i> of this north + line from the monument. + </p> + <p> + 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 <i>in a + western direction toward</i> 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 <i>west</i> 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, <i>the highlands are + there</i>, 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 <i>the waters separate</i>, and consequently the + land must be still higher. + </p> + <p> + In failure of highlands (<i>assumed</i> 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, <i>both of which fall into the + Atlantic</i>. + </p> + <p> + 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. + </p> + <p> + 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 <i>are growing every + day</i>. It is not only an afterthought, but one very + recently conceived, that we were to be driven south of the + St. John. + </p> + <p> + 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 <i>western</i> branch + of this river gives as a reason that a line due north will + cross the St, John <i>farther up</i>, whereas if you take an + <i>eastern</i> 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 <i>must</i> 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 <i>it might give Great Britain a greater + extent of navigation on the St. John River</i>. 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 <i>altering</i> this northwest angle, in fact + confirms it. + </p> + <p> + 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 <i>vary west</i> until + we should intersect them, <i>but not</i> EAST. Now that in + case a monument can not be found in the course prescribed you + should look for it <i>at the left, but not to the right</i>, + seems to us a very <i>sinister</i> 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! + </p> + <p> + 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 <i>reciprocity</i> 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 + <i>one-sided</i> measure. + </p> + <p> + 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 <i>neither way</i>, still the waters + that flow <i>each way</i> 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 + <i>Atlantic</i> and the <i>sea</i> 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 <i>St. Lawrence rivers;</i> 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 + <i>recolonized</i> 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 <i>them as well as ourselves</i>. + </p> + <p> + Again, if this Mars Hill (and we confess we can not speak of + the pretension with any patience) <i>is the northwest + angle</i>, 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 <i>no</i> + 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° 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°, can there be a + greater absurdity than the British claim founded on these + facts? + </p> + <p> + 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 <i>he + was still ascending</i> and had in fact arrived at the lands + at <i>a branch of a river</i> elevated 500 feet above the + summit of Mars Hill, <i>found it prudent to stop short</i>, + we see no good reason why the American agent did <i>not + proceed on</i> 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 <i>to + the left</i>, and <i>especially to the right</i>, of the + north line from the monument. + </p> + <p> + We know some of them, to be sure, such as the <i>Oelle + Kamouska, Verte, Trois Pistoles, Remouskey</i>, and + <i>Metis</i> on the left, and the <i>Blanche, Louis, + Magdalen</i>, and others on the right of this line, but we + know them chiefly as <i>on maps</i> 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. + </p> + <p> + It moreover appears that little or no exploration has been + made of the lands <i>east</i> 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. + </p> + <p> + 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 <i>quantity and + quality</i> 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. + </p> + <p> + 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 <i>is pledged to</i> 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, £10,000 + 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. + </p> + <p> + But this ignorance of the subject seems incredible. A + railroad from St. Andrews to Quebec would be + <i>impossible</i> 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 <i>must</i> 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 + <i>Roostic</i> between the Great and Little <i>Machias</i>, + the <i>Allegwash</i> at the outlet of <i>First Lake</i>, a + branch of the St. John south of <i>Black River</i>, 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. + </p> + <p> + 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 <i>the + west-side line</i>, and the highlands are <i>the north-side + line</i> which form this angle, and this had never been + questioned by the British themselves. + </p> + <p> + 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 <i>an angle</i>, much more a northwest angle. + </p> + <p> + 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 <i>ex parte</i>. The act would be entirely pacific, + as the object would be <i>to ascertain facts</i>—much + more pacific than the survey, <i>without notice</i>, of the + St. Andrews and Quebec Railroad through our territory, not + for the purpose of ascertaining a boundary, but to assume + jurisdiction. + </p> + <p> + 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. + </p> + <p> + Your committee therefore submit the following resolutions: + </p> + <center> + STATE OF MAINE. + </center> + <p> + RESOLVES relative to the northeastern boundary. + </p> + <p> + <i>Resolved</i>, That we view with much solicitude the + British usurpations and encroachments on the northeastern + part of the territory of this State. + </p> + <p> + <i>Resolved</i>, 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. + </p> + <p> + <i>Resolved</i>, That vigilance, resolution, firmness, and + union on the part of this State are necessary in this state + of the controversy. + </p> + <p> + <i>Resolved</i>, 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 + <i>treaty</i> of 1783. + </p> + <p> + <i>Resolved</i>, That the cooperation of Massachusetts be + requested. + </p> + <p> + <i>Resolved</i>, That our Senators in Congress be + <i>instructed</i> and our Representatives <i>requested</i> to + endeavor to obtain a <i>speedy</i> adjustment of the + controversy. + </p> + <p> + <i>Resolved</i>, 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. + </p> + <center> + [Passed house March 24, 1837; passed Senate and approved + March 25, 1837.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, EXECUTIVE DEPARTMENT,<br> + <i>Augusta, June 27, 1837</i>. + </p> + <p> + His Excellency MARTIN VAN BUREN,<br> + <i>President of the United States</i>. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with high consideration, your + obedient servant, + </p> + <p class="r"> + ROBERT P. DUNLAP. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + GOVERNMENT HOUSE,<br> + <i>Frederickton, New Brunswick, June 12, 1837</i> + </p> + <p> + His Excellency the GOVERNOR OF THE STATE OF MAINE. + </p> + <p> + 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. + </p> + <p> + 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 <i>voluntarily</i> 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. + </p> + <p> + 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, + </p> + <p class="r"> + J. HARVEY,<br> + <i>Major-General, Lieutenant-Governor, etc</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FREDERICKTON, NEW BRUNSWICK,<br> + <i>June 10, 1837</i>. + </p> + <p> + His Excellency Major-General SIR JOHN HARVEY, K.C.H.,<br> + <i>Lieutenant-Governor, etc.</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, your excellency's most obedient, + humble servant, + </p> + <p class="r"> + J.A. MACLAUCHLAN,<br> + <i>Warden of the Disputed Territory</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, EXECUTIVE DEPARTMENT,<br> + <i>JUNE 19, 1837</i>. + </p> + <p> + His Excellency MARTIN VAN BUREN,<br> + <i>President of the United States</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with great respect, your obedient + servant, + </p> + <p class="r"> + ROBERT P. DUNLAP. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FREDERICKTON, PROVINCE OF NEW BRUNSWICK,<br> + <i>June 12, 1837</i>. + </p> + <p> + ROBERT P. DUNLAP, Esq.,<br> + <i>Governor of Maine</i>. + </p> + <p> + 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. + </p> + <p> + I remain, sir, respectfully, your obedient servant, + </p> + <p class="r"> + EBRN'R S. GREELY. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, June 26, 1837</i>. + </p> + <p> + His Excellency ROBERT P. DUNLAP, Esq.,<br> + <i>Governor of Maine</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I am, sir, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, EXECUTIVE DEPARTMENT,<br> + <i>Augusta, June 27, 1837</i>. + </p> + <p> + Hon. JOHN FORSYTH,<br> + <i>Secretary of State of the United States</i>. + </p> + <p> + 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. + </p> + <p> + I am, very respectfully, your obedient servant, + </p> + <p class="r"> + ROBERT P. DUNLAP. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, EXECUTIVE DEPARTMENT,<br> + <i>July 3, 1837</i>. + </p> + <p> + Hon. JOHN FORSYTE,<br> + <i>Secretary of State of United States</i>. + </p> + <p> + 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. + </p> + <p> + 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,<a href="#note-2">2</a> 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.<a href="#note-2">2</a> 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? + </p> + <p> + 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. + </p> + <p> + I am, very respectfully, your obedient servant, + </p> + <p class="r"> + ROBERT P. DUNLAP. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, July 14, 1837</i>. + </p> + <p> + Hon. ROBERT P. DUNLAP,<br> + <i>Governor of the State of Maine</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, sir, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + P.S.—The papers asked for in your letter of the 27th + ultimo will be sent to you. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, July 19, 1837</i>. + </p> + <p> + Hon. ROBERT P. DUNLAP,<br> + <i>Governor of Maine</i>. + </p> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + I have the honor to be, sir, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, EXECUTIVE DEPARTMENT,<br> + <i>July 28, 1837</i>. + </p> + <p> + His Excellency MARTIN VAN BUREN,<br> + <i>President of the United States</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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"? + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with high consideration, your + obedient servant, + </p> + <p class="r"> + ROBERT P. DUNLAP. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, August 17, 1837</i>. + </p> + <p> + His Excellency ROBERT P. DUNLAP,<br> + <i>Governor of the State of Maine</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>status quo</i> 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with high consideration, your + excellency's obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, August 25, 1837</i>. + </p> + <p> + His Excellency ROBERT P. DUNLAP,<br> + <i>Governor of Maine</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with high consideration, your + excellency's obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, March 23, 1837</i>. + </p> + <p> + HENRY S. FOX, Esq., etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 chargé 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. + </p> + <p> + The undersigned avails himself of this occasion to renew to + Mr. Fox the assurance of his distinguished consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 28, 1837</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of this occasion to renew to + Mr. Forsyth the assurance of his high esteem and + consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>August 24, 1837</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, sir, with high respect and + consideration, your most obedient and humble servant, + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Stevenson to Lord Palmerston</i>. + </center> + <center> + [Extract.] + </center> + <p class="r"> + 23 PORTLAND PLACE, <i>August 10, 1837</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned begs Lord Palmerston to receive renewed + assurances of his distinguished consideration. + </p> + <p class="r"> + A. STEVENSON. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 26, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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 chargé 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 30, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>September 30, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a report of the + Secretary of State, containing the information requested by + their resolution of the 19th instant, together with the + documents by which the report was accompanied. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, September 29, 1837</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + 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.<a href="#note-3">3</a> + </p> + <p> + The special agents have proceeded to the execution of their + duties, but no report has as yet been received from either of + them. + </p> + <p> + All which is respectfully submitted. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>October 2, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>October 2, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>October, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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.<a href="#note-4">4</a> + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </center> + <center> + A PROCLAMATION. + </center> + <p> + 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: <i>Provided, always</i>, 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 + </p> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + <br> + By the President:<br> + JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FIRST ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 5, 1837</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 chargé 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. + </p> + <p> + With Holland, Sweden, Denmark, Naples, and Belgium a friendly + intercourse has been uninterruptedly maintained. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>in transitu</i>, thus showing that upward of + ten millions and a half of the notes of the old bank were + then still kept outstanding. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>Pennsylvania</i> and the complete repairs of the + ships of the line <i>Ohio, Delaware</i>, and <i>Columbus</i> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Your attention is respectfully invited to the various + suggestions of the Secretary for the improvement of the naval + service. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 6, 1837</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit herewith a report from the Secretary of the + Treasury, exhibiting 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." + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December, 1837</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit, for the action of the Senate, treaties negotiated + with the following Indian tribes, viz: + </p> + <p> + (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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 11, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit to the Senate a report<a href= + "#note-5">5</a> from the Secretary of State, with + accompanying documents, in pursuance of their resolution of + the 12th of October last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 15, 1837</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 18, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith a report and accompanying + documents<a href="#note-6">6</a> from the Secretary of War, + which contain the information called for by a resolution of + the 13th of October last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 21, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 22, 1837</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit to the Senate a report from the Secretary + of State, in answer to their resolution of the 16th of + October last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>WASHINGTON, December 22, 1837</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Respectfully submitted, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 26, 1837</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a report + from the Secretary of State, in answer to their resolution of + the 9th of October last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>WASHINGTON, December 23, 1837</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + The Secretary of State, to whom has been referred the + resolution of the House of Representatives of the 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. + </p> + <p> + 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. + </p> + <p> + Respectfully submitted, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 5, 1838</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + BUFFALO, <i>December 28, 1837</i>. + </p> + <p> + His Excellency M. VAN BUREN. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I am, sir, with great consideration, your obedient servant, + </p> + <p class="r"> + N. GANON,<br> + <i>United States Marshal, Northern District of New York</i>, + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 8, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In answer to the resolution of the House of Representatives + of the 5th instant, respecting the capture<a href= + "#note-7">7</a> and restoration of the Mexican brig of war + the <i>General Urrea</i>, I transmit reports from the + Secretaries of State and the Navy. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 8, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a + report,<a href="#note-8">8</a> and accompanying documents, + from the Secretary of State, in compliance with a resolution + of that body dated the 5th instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 8, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a report + from the Secretary of State, in answer to a + resolution<a href="#note-9">9</a> of that body dated the + 5th instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 8, 1838</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Rogers to the President</i>. + </center> + <p class="r"> + BUFFALO, <i>December 30, 1837</i>. + </p> + <p> + His Excellency MARTIN VAN BUREN,<br> + <i>President of the United States</i>. + </p> + <p> + 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. + </p> + <p> + I am, sir, with great consideration, your obedient servant, + </p> + <p class="r"> + H.W. ROGERS,<br> + <i>District Attorney for Erie County, and Acting for the + United States</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF NEW YORK, <i>Niagara County, ss</i>: + </p> + <p> + 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 <i>Caroline</i>, 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 <i>Caroline</i>, 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 <i>Caroline</i> 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 <i>Caroline</i> from the + Canada shore, but without injury; that the said + <i>Caroline</i> 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 + <i>Caroline</i> ran to Schlosser, arriving there at 3 o'clock + in the afternoon; that between this time and dark the + <i>Caroline</i> made two trips to Navy Island, landing as + before; that at about 6 o'clock in the evening this deponent + caused the said <i>Caroline</i> to be landed at Schlosser and + made fast with chains to the dock at that place; that the + crew and officers of the <i>Caroline</i> 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 <i>Caroline</i> 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 <i>Caroline</i>, 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 <i>Caroline</i> from + the river, and this deponent immediately gave the alarm, and + before he was able to reach the dock the <i>Caroline</i> 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 <i>Caroline</i> under a fierce cry of + "G—d d—n them, give them no quarters; kill every + man. Fire! fire!"; that the <i>Caroline</i> 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 <i>Caroline</i> 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 <i>Caroline</i> 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 <i>Caroline</i> 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 + <i>Caroline</i> were a part of the British forces now + stationed at Chippewa. + </p> + <center> + [Subscribed and sworn to before a commissioner, etc.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF NEW YORK, <i>Niagara County, ss</i>: + </p> + <p> + 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 <i>Caroline</i> + 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 <i>Caroline</i> was so boarded as aforesaid + are correct and true. + </p> + <center> + [Subscribed and sworn to before a commissioner, etc.] + </center> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Poinsett to General Scott</i>. + </center> + <p class="r"> + DEPARTMENT OF WAR, <i>January 5, 1838</i>. + </p> + <p> + Brevet Major-General WINFIELD SCOTT,<br> + <i>Washington City</i>. + </p> + <p> + SIR: You will repair without delay to the Canada frontier of + the United States and assume the military command there. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + It is deemed important that the administrative branch of the + service should be conducted wherever practicable by officers + of the Regular Army. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your most obedient servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Poinsett to Governor Marcy</i>. + </center> + <p class="r"> + DEPARTMENT OF WAR, <i>January 5, 1838</i>. + </p> + <p> + His Excellency W.L. MARCY,<br> + <i>Governor of New York, Albany, N.Y.</i> + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your most obedient servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <center> + [Same to His Excellency Silas H. Jennison, governor of + Vermont, Montpelier, Vt.] + </center> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>WASHINGTON, January 5, 1838</i>. + </p> + <p> + HENRY S. FOX, Esq., etc. + </p> + <p> + 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. + </p> + <p> + I take this occasion to renew to you the assurance of my + distinguished consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 12, 1838</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + I recommend these objects to the favorable consideration of + Congress. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 12, 1838</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES: + </p> + <p> + In answer to a resolution of the House of Representatives of + the 2d instant, I transmit herewith a report<a href= + "#note-10">10</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 13, 1838</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit to the Senate, for its constitutional action, a + treaty made with the Chippewa Indians of Saganaw on the 20th + of December, 1837. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 26, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>WASHINGTON, January 25, 1838</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + 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. + </p> + <p> + Respectfully submitted, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>The governor of Maine to the President of the United + States</i>. + </center> + <p class="r"> + STATE OF MAINE, EXECUTIVE DEPARTMENT,<br> + <i>September 18, 1837</i>. + </p> + <p> + His Excellency MARTIN VAN BUREN,<br> + <i>President of the United States</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, etc., + </p> + <p class="r"> + ROBERT P. DUNLAP. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Dunlap</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, September 26, 1837</i>. + </p> + <p> + His Excellency ROBERT P. DUNLAP,<br> + <i>Governor of Maine</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, etc., + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Stevenson</i>. + </center> + <center> + [Extract.] + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, July 12, 1837</i>. + </p> + <p> + ANDREW STEVENSON, Esq., etc. + </p> + <p> + SIR: I inclose an extract<a href="#note-11">11</a> 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.<a href="#note-12">12</a> 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. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Stevenson to Mr. Forsyth</i>. + </center> + <center> + [Extract.] + </center> + <p class="r"> + LEGATION OF THE UNITED STATES,<br> + <i>London, August 21, 1837</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Stevenson to Lord Palmerston</i>. + </center> + <p class="r"> + 23 PORTLAND PLACE, <i>August 10, 1837</i>. + </p> + <p> + LORD PALMERSTON, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned begs Lord Palmerston to receive renewed + assurances of his distinguished consideration. + </p> + <p class="r"> + A. STEVENSON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Stevenson</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, September 28, 1837</i>. + </p> + <p> + ANDREW STEVENSON, Esq., etc. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I am, etc., + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Stevenson to Mr. Forsyth</i>. + </center> + <center> + [Extracts.] + </center> + <p class="r"> + LEGATION OF THE UNITED STATES,<br> + <i>London, November 22, 1837</i>. + </p> + <p> + 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. + </p> + <p> + No answer has yet been received to my first note, but I + presume a decision of the case may be soon expected. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Stevenson to Lord Palmerston</i>. + </center> + <p class="r"> + 23 PORTLAND PLACE, <i>November 8, 1837</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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? + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned requests Lord Palmerston to accept assurances + of his distinguished consideration. + </p> + <p class="r"> + A. STEVENSON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Clay to Mr. Vaughan</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, January 9, 1829</i>. + </p> + <p> + Right Hon. CHARGES R. VAUGHAN, etc. + </p> + <p> + 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. + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p class="r"> + H. CLAY + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Vaughan to Mr. Clay</i>. + </center> + <p class="r"> + WASHINGTON, <i>January 13, 1829</i>. + </p> + <p> + Hon. HENRY CLAY, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned takes this opportunity of renewing to the + Secretary of State the assurances of his highest + consideration. + </p> + <p class="r"> + CHS. R. VAUGHAN + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Vaughan to Mr. Hamilton</i>. + </center> + <p class="r"> + WASHINGTON, <i>March 7, 1879</i>. + </p> + <p> + JAMES A. HAMILTON, Esq., etc.: + </p> + <p> + 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. + </p> + <p> + 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<a href="#note-13">13</a> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned takes this occasion to offer to Mr. Hamilton + the assurances of his high consideration. + </p> + <p class="r"> + CHAS. R. VAUGHAN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Hamilton to Mr. Vaughan</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, March 11, 1829</i>. + </p> + <p> + Right Hon. CHARLES RICHARD VAUGHAN, + </p> + <p> + <i>Envoy Extraordinary and Minister Plenipotentiary from + Great Britain</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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, + </p> + <p class="r"> + JAMES A. HAMILTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Vaughan to Mr. Hamilton</i>. + </center> + <p class="r"> + WASHINGTON, <i>March 12, 1839</i>. + </p> + <p> + Mr. J.A. HAMILTON, etc.: + </p> + <p> + 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. + </p> + <p> + The undersigned begs Mr. Hamilton to accept the assurances of + his highest consideration. + </p> + <p class="r"> + CHS. R. VAUGHAN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Vaughan to Mr. Van Buren</i>. + </center> + <p class="r"> + WASHINGTON, <i>April 10, 1829</i>. + </p> + <p> + Hon. MARTIN VAN BUREN, etc.: + </p> + <p> + 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. + </p> + <p> + 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,<a href= + "#note-14">14</a> from Sir Howard Douglas. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned reiterates to the Secretary of State the + assurances of his highest consideration. + </p> + <p class="r"> + CHAS. R. VAUGHAN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Van Buren to Mr. Vaughan</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, May 11, 1829</i>. + </p> + <p> + Right Hon. CHARGES R. VAUGHAN, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned offers to Mr. Vaughan the renewed assurances + of his high consideration. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Vaughan to Mr. Van Buren</i>. + </center> + <p class="r"> + WASHINGTON, <i>May 14, 1829</i>. + </p> + <p> + Hon. MARTIN VAN BUREN, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned begs leave to renew to Mr. Van Buren the + assurances of his highest consideration. + </p> + <p class="r"> + CHAS. R. VAUGHAN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Vaughan to Mr. Van Buren</i>. + </center> + <p class="r"> + WASHINGTON, <i>June 8, 1829</i>. + </p> + <p> + Hon. MARTIN VAN BUREN, etc.: + </p> + <p> + 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. + </p> + <p> + 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<a href= + "#note-15">15</a> to the consideration of the Secretary of + State of the United States, together with an + extract<a href="#note-15">15</a> 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. + </p> + <p> + 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. + </p> + <p> + The undersigned seizes this opportunity to renew to Mr. Van + Buren the assurances of his distinguished consideration. + </p> + <p class="r"> + CHAS. R. VAUGHAN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Bankhead to Mr. Livingston</i>. + </center> + <p class="r"> + WASHINGTON, <i>October 1, 1831</i>. + </p> + <p> + Hon. EDWARD LIVINGSTON, etc.: + </p> + <p> + The undersigned, His Britannic Majesty's chargé + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned begs leave to submit to the Secretary of + State several documents<a href="#note-15">15</a> 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. + </p> + <p> + The undersigned has the honor to renew to Mr. Livingston the + assurances of his distinguished consideration. + </p> + <p class="r"> + CHARLES BANKHEAD. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to Mr. Bankhead</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, October 17, 1831</i>. + </p> + <p> + CHARLES BANKHEAD, Esq., etc. + </p> + <p> + 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.<a href= + "#note-16">16</a> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have great pleasure, sir, in renewing on this occasion the + assurance of my high consideration. + </p> + <p class="r"> + EDWD. LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Bankhead to Mr. Livingston</i>. + </center> + <p class="r"> + WASHINGTON, <i>October 20, 1831</i>. + </p> + <p> + Hon. EDWARD LIVINGSTON, Esq., etc.: + </p> + <p> + The undersigned, His Britannic Majesty's chargé + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned has the honor to renew to Mr. Livingston the + assurance of his distinguished consideration. + </p> + <p class="r"> + CHARLES BANKHEAD. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Bankhead to Mr. Livingston</i>. + </center> + <p class="r"> + WASHINGTON, <i>October 22, 1831</i>. + </p> + <p> + Hon. EDWARD LIVINGSTON, etc.: + </p> + <p> + The undersigned, His Britannic Majesty's chargé + d'affaires, has the honor to transmit to the Secretary of + State of the United States the copy of a letter<a href= + "#note-17">17</a> from His Majesty's lieutenant-governor of + New Brunswick, inclosing a deposition<a href= + "#note-17">17</a> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned has the honor to renew to Mr. Livingston the + assurances of his distinguished consideration. + </p> + <p class="r"> + CHARLES BANKHEAD. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Bankhead to Mr. Livingston</i>. + </center> + <p class="r"> + WASHINGTON, <i>November 25, 1831</i>. + </p> + <p> + Hon. EDWARD LIVINGSTON, etc.: + </p> + <p> + The undersigned, His Britannic Majesty's chargé + 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. + </p> + <p> + The trial of these persons took place at Frederickton, and + they were sentenced by the supreme court of the Province to + fine and imprisonment. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned has the honor to renew to Mr. Livingston the + assurance of his highest consideration, + </p> + <p class="r"> + CHARLES BANKHEAD. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Sir Archibald Campbell to Mr. Bankhead</i>. + </center> + <p class="r"> + GOVERNMENT HOUSE,<br> + <i>Frederickton, November 8, 1831</i>. + </p> + <p> + 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 <i>when it is + known</i> 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. + </p> + <p> + 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., + </p> + <p class="r"> + ARCHIBALD CAMPBELL,<br> + <i>Lieutenant-Governor</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Livingston to Mr. Bankhead</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, November 28, 1831</i>. + </p> + <p> + CHARLES BANKHEAD, Esq., etc.: + </p> + <p> + The undersigned, Secretary of State, etc., has the honor to + acknowledge the receipt of a note from Mr. Bankhead, His + Britannic Majesty's chargé 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. + </p> + <p> + 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. + </p> + <p> + The undersigned renews to Mr. Bankhead the assurance of his + high consideration. + </p> + <p class="r"> + EDWARD LIVINGSTON. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Sir Charles R. Vaughan to Mr. McLane</i>. + </center> + <p class="r"> + WASHINGTON, <i>October 20, 1833</i>. + </p> + <p> + Hon. LOUIS McLANE, etc.: + </p> + <p> + 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<a href="#note-18">18</a> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned has the honor to renew to Mr. McLane the + assurance of his most distinguished consideration. + </p> + <p class="r"> + CHAS. R. VAUGHAN + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>Mr. McLane to Sir Charles R. Vaughan</i>. + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, October 23, 1833</i>. + </p> + <p> + Right Hon. SIR CHARGES R. VAUGHAN, G.C.H., + </p> + <p> + <i>Envoy Extraordinary and Minister Plenipotentiary of His + Britannic Majesty</i>: + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of the occasion to renew to + Sir Charles R. Vaughan the assurance of his distinguished + consideration. + </p> + <p class="r"> + LOUIS McLANE. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Sir Charles R. Vaughan to Mr. McLane</i>. + </center> + <p class="r"> + WASHINGTON, <i>December 17, 1833</i>. + </p> + <p> + Hon. LOUIS McLANE, etc.: + </p> + <p> + 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,<a href="#note-19">19</a> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned has the honor to renew to Mr. McLane the + assurance of his most distinguished consideration. + </p> + <p class="r"> + CHAS. R. VAUGHAN + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. McLane to Sir Charles R. Vaughan</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, December 21, 1833</i>. + </p> + <p> + Right Hon. SIR CHARLES R. VAUGHAN, G.C.H.,<br> + <i>Envoy Extraordinary and Minister Plenipotentiary of His + Britannic Majesty</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned has the honor to renew to Sir Charles R. + Vaughan the assurance of his distinguished consideration. + </p> + <p class="r"> + LOUIS McLANE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + EXECUTIVE DEPARTMENT OF MASSACHUSETTS,<br> + <i>November 1, 1833</i>. + </p> + <p> + Hon. LOUIS McLANE,<br> + <i>Secretary of State of the United States</i>. + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p> + 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, <i>that no act of wrong to the property of + either</i> shall be committed during the pending of measures + to produce an amicable adjustment of the controversy. + </p> + <p> + 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, <i>under + color</i> 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. + </p> + <p> + I have the honor to be, sir, with sentiments of the highest + respect, your obedient servant, + </p> + <p class="r"> + LEVI LINCOLN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + EXECUTIVE DEPARTMENT OF MAINE,<br> + <i>Augusta, November 23, 1833</i>. + </p> + <p> + Hon. LOUIS McLANE,<br> + <i>Secretary of State of the United States, Washington</i>. + </p> + <p> + 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. + </p> + <p> + 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 <i>claimed</i> 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. + </p> + <p> + 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<a href="#note-20">20</a>), 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. + </p> + <p> + With high consideration, I have the honor to be, sir, your + obedient servant, + </p> + <p class="r"> + SAML. E. SMITH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Sir Charles R. Vaughan to Mr. McLane</i>. + </center> + <p class="r"> + WASHINGTON, <i>December 23, 1833</i>. + </p> + <p> + Hon. LOUIS McLANE, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned has the honor to assure Mr. McLane of his + most distinguished consideration. + </p> + <p class="r"> + CHAS. R. VAUGHAN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Sir Charles R. Vaughan to Mr. McLane</i>. + </center> + <p class="r"> + WASHINGTON, <i>February 28, 1834</i>. + </p> + <p> + Hon. LOUIS McLANE, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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.<a href= + "#note-21">21</a> + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned has the honor to renew to Mr. McLane the + assurance of his most distinguished consideration. + </p> + <p class="r"> + CHAS. R. VAUGHAN + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. McLane to Sir Charles R. Vaughan</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, March 4, 1834</i>. + </p> + <p> + Right Hon. SIR CHARLES R. VAUGHAN, G.C.H.,<br> + <i>Envoy Extraordinary, etc</i>. + </p> + <p> + 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. + </p> + <p> + I pray you to accept the assurance of my distinguished + consideration. + </p> + <p class="r"> + LOUIS McLANE. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 27, 1838</i>. + </p> + <p> + Hon. R.M. JOHNSON,<br> + <i>President of the Senate</i>. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <center> + [The same message was addressed to the Speaker of the House + of Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>February 5, 1838</i>. + </p> + <p> + Hon. JAMES K. POLK,<br> + <i>Speaker of the House of Representatives</i>. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 20th instant, I transmit a report from + the Secretary of State, which is accompanied by a copy and + translation of the pamphlet<a href="#note-22">22</a> + requested in that resolution. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 17, 1838</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 17, 1838</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I transmit for your consideration a communication from the + Secretary of War, respecting a treaty now before you with the + Stockbridge and Munsee Indians. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March, 1838</i>. + </p> + <p> + Hon. J.K. POLK,<br> + <i>Speaker of the House of Representatives</i>. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your most obedient servant, + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 12, 1838</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 13, 1838</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 17th of February, I transmit a + report<a href="#note-23">23</a> of the Secretary of State, + with the accompanying documents, which contain the + information requested. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 14, 1838</i>. + </p> + <p> + The PRESIDENT OF THE SENATE: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 15, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 5th instant, I transmit a + report<a href="#note-24">24</a> from the Secretary of State, + to whom the resolution was referred, with the documents by + which the said report was accompanied. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 19, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit a report<a href="#note-25">25</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 20, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, March 7, 1838</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + 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. + </p> + <p> + Respectfully submitted, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Fox to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>January 10, 1838</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc.: + </p> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 "<i>alone</i>" is governed by the + verb "<i>include</i>" whereas an attentive examination of the + context will show that the word "<i>alone</i>" is governed by + the verb "<i>divide"</i> 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 <i>directly</i> 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. + </p> + <p> + 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, + <i>in order to reach the Atlantic</i>, the aid of <i>two + intermediaries</i>—first, the rivers St. John and + Restigouche, and, <i>secondly, the bays of Chaleurs and + Fundy</i>. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of this occasion to renew to + Mr. Forsyth the assurances of his high respect and + consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Fox to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>January 19, 1838</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc.: + </p> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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? + </p> + <p> + 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? + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 6, 1838</i>. + </p> + <p> + HENRY S. FOX, Esq., etc.: + </p> + <p> + 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 <i>alone</i> 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. + </p> + <p> + 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 <i>immediately</i> from rivers emptying + themselves into the river St. Lawrence, not with other rivers + falling into the Atlantic Ocean, but <i>alone</i>, 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 (<i>genre</i>), a generical expression which would + ascribe to them a broader meaning," etc. + </p> + <p> + 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 "<i>alone</i>" is governed by + the verb "<i>include</i>," whereas he thinks that an + attentive examination of the context will shew that the word + "<i>alone</i>" is governed by the verb "<i>divide,</i>" 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 <i>directly</i> + into the Atlantic, for the St. John and Restigouche are not + divided in company with any <i>such last-mentioned + rivers</i>." 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 + <i>species</i> of rivers as admissible into <i>genus</i> of + those which "fall into the Atlantic," to wit, those which + fall <i>directly</i> into the Atlantic and those which fall + into it <i>indirectly</i>; 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 + <i>directly</i> into the Atlantic; that if they were + considered <i>alone</i>, 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 <i>might not be + included with others</i> in forming the <i>genus</i> 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 <i>such last-mentioned rivers</i>—that + is, with rivers falling <i>directly</i> 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 <i>immediately</i> 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 <i>directly</i> 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 <i>species</i>, yet in the + same <i>genus</i> of "Atlantic rivers." + </p> + <p> + 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 <i>immediately</i>, like themselves, from the rivers + falling into the St. Lawrence, but <i>mediately</i> 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 <i>equally + realized by both lines</i>, and therefore as constituting an + equal weight in either scale, and consequently affording him + no assistance in determining the dispute between the + respective parties. + </p> + <p> + 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 <i>alone</i> they + were <i>specific</i>', and the designation in the treaty of + "rivers falling into the Atlantic" was inapplicable to them; + that considered <i>In connection with other rivers</i> they + were <i>generic</i> 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." + </p> + <p> + 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 <i>intermediaries</i> 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 <i>directly</i> into the Atlantic, and that they thus + constitute a <i>species</i> by themselves, while it denies + that they are therefore excluded by the arbiter from the + genus of "4' rivers falling into the Atlantic." + </p> + <p> + The undersigned avails himself of this opportunity to renew + to Mr. Fox the assurance of his distinguished consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 7, 1838</i>. + </p> + <p> + HENRY S. FOX, Esq., etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of the occasion to renew to + Mr. Fox the assurance of his distinguished consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, March 1, 1838</i>. + </p> + <p> + His Excellency EDWARD KENT,<br> + <i>Governor of the State of Maine</i>. + </p> + <p> + 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. + </p> + <p> + The principles which have hitherto governed every successive + Administration of the Federal Government in respect to its + powers and duties in the matter are— + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + In these views of his predecessors in office the President + fully concurs, and it is his design to continue to act upon + them. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + In July the result of the action of the Senate in relation to + the award was communicated to Mr. Bankhead, the British + chargé 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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: + </p> + <p> + "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. + </p> + <p> + "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. + </p> + <p> + "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. + </p> + <p> + "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. + </p> + <p> + "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. + </p> + <p> + "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. + </p> + <p> + "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." + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Mr. Bankhead, the British chargé 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. + </p> + <p> + 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. + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 + <i>decide</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with high consideration, your + excellency's obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 5, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a report + from the Secretary of State, with accompanying papers, in + answer to their resolution of the 21st ultimo. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, April 4, 1838</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + The Secretary of State, to whom has been referred the + resolution of the House of Representatives of the 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 <i>Caroline</i> 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. + </p> + <p> + Respectfully submitted. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, January 5, 1838</i>. + </p> + <p> + HENRY S. FOX, Esq., etc. + </p> + <p> + 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. + </p> + <p> + I avail myself of this occasion, etc. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, January 9, 1838</i>. + </p> + <p> + HENRY S. FOX, Esq., etc. + </p> + <p> + 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<a href="#note-26">26</a> 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<a href="#note-26">26</a> + 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. + </p> + <p> + I avail myself of this occasion to renew to you the assurance + of my distinguished consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + ROCHESTER, <i>January 10, 1838</i>. + </p> + <p> + The PRESIDENT. + </p> + <p> + SIR: Colonel McNab, having avowed that the steamboat + <i>Caroline</i> was destroyed by his orders, justifies + himself by the plea, sustained by affidavits, that + hostilities were commenced from the American shore. + </p> + <p> + I inclose you the affidavits<a href="#note-26">26</a> of four + respectable citizens of Rochester, who were present at the + time, who contradict the assertions of Colonel McNab. + </p> + <p> + I have the honor to be, your obedient servant, + </p> + <p class="r"> + GEO. W. PRATT. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Fox to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>February 6, 1838</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc. + </p> + <p> + 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 + <i>Caroline</i> 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. + </p> + <p> + The piratical character of the steamboat <i>Caroline</i> 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. + </p> + <p> + 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. + </p> + <p> + I avail myself of this occasion to renew to you the assurance + of my high respect and consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + TORONTO, UPPER CANADA, <i>January 8, 1838</i>. + </p> + <p> + His Excellency HENRY S. FOX,<br> + <i>Her Majesty's Minister, Washington</i>. + </p> + <p> + 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. + </p> + <p> + The governor of the State of New York complains of the + cutting out and burning of the steamboat <i>Caroline</i> 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. + </p> + <p> + The act complained of was done under the following + circumstances: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Not believing that such an outrage would really be committed, + no force whatever was assembled at the time to counteract + this hostile movement. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 + <i>Caroline</i>, 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>Caroline</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I send with this letter, first, a copy of my first + communication to His Excellency Governor Marcy,<a href= + "#note-27">27</a> to which no reply has reached me; second, + the official reports, correspondence, and militia general + order respecting the destruction of the <i>Caroline</i>, with + other documents;<a href="#note-27">27</a> 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;<a href= + "#note-27">27</a> fourth, other correspondence arising out of + the present state of things on the Niagara + frontier;<a href="#note-27">27</a> fifth, the special + message of Governor Marcy.<a href="#note-27">27</a> + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The exact position, then, of affairs on our frontier may be + thus described: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, sir, your excellency's most obedient, + humble servant. + </p> + <p class="r"> + F.B. HEAD. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 13, 1838</i>. + </p> + <p> + HENRY S. FOX, Esq., etc. + </p> + <p> + 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 <i>Caroline</i> 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>Caroline</i>, 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. + </p> + <p> + I avail myself of this occasion to renew to you the assurance + of my distinguished consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + BUFFALO, <i>December 30, 1837</i>. + </p> + <p> + His Excellency MARTIN VAN BUREN,<br> + <i>President of the United States</i>. + </p> + <p> + SIR: Inclosed are copies of affidavits<a href= + "#note-28">28</a> 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. + </p> + <p> + I am, sir, with great consideration, your obedient servant, + </p> + <p class="r"> + H.W. ROGERS,<br> + <i>District Attorney for Erie County, and Acting for the + United States</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April, 1838</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 15, 1838</i>. + </p> + <p> + The PRESIDENT OF THE SENATE OF THE UNITED STATES. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 16, 1838</i>. + </p> + <p> + Hon. JAMES K. POLK, + </p> + <p> + <i>Speaker of the House of Representatives</i>. + </p> + <p> + 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.<a href="#note-29">29</a> + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 18, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I return the petition and papers of Econchatta + Nico,<a href="#note-30">30</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 23, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 16th instant, relative to an attack on + the steamboat <i>Columbia</i> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 23, 1838</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 26, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 27, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for their consideration with a view + to its ratification, a 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 30, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, April 25, 1838</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + 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. + </p> + <p> + Respectfully submitted. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 1, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit herewith a report, and accompanying documents, + from the Acting Secretary of War, which contains the + information<a href="#note-31">31</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 2, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 7, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for their consideration with a view + to its ratification, a convention signed at Houston on the + 11th ultimo by Alcée La Branche, chargé + 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 + <i>Pocket</i> and <i>Durango</i>. 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 10, 1838</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 11, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 19, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <center> + [The same message was sent to the House of Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + STATE OF MAINE, EXECUTIVE DEPARTMENT,<br> + <i>Augusta, April 28, 1838</i>. + </p> + <p> + His Excellency MARTIN VAN BUREN,<br> + <i>President of the United States</i>. + </p> + <p> + SIR: I have the honor to inclose to you a copy of a + resolve<a href="#note-32">32</a> of the legislature of this + State in favor of Ebenezer S. Greely, also a copy of a + resolve<a href="#note-32">32</a> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I trust I shall be pardoned for earnestly urging immediate + action on the subject. + </p> + <p> + 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. + </p> + <p> + 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 <i>ex parte</i> 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. + </p> + <p> + 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 <i>border</i> 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. + </p> + <p> + 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 <i>according to the treaty of 1783</i>. 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + With great respect, I have the honor to be, your most + obedient servant, + </p> + <p class="r"> + EDWARD KENT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, April 27, 1838</i>. + </p> + <p> + HENRY S. FOX, Esq., etc.: + </p> + <p> + 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,<a href="#note-33">33</a> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of this occasion to renew to + Mr. Fox the expression of his distinguished consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 1, 1838</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I avail myself of this occasion to renew to you the assurance + of my high respect and consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, May 8, 1838</i>. + </p> + <p> + His Excellency EDWARD KENT,<br> + <i>Governor of Maine</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with great respect, your excellency's + obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 21, 1838</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 24, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 30, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a report + from the Secretary of State, in answer to their resolution of + the 28th instant, relative to the claim<a href= + "#note-34">34</a> in the case of the ship <i>Mary</i> and + cargo, of Baltimore. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 31, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 1, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 4, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit herewith to the House of Representatives a report + from the Secretary of State, with accompanying papers, + relating to the claim of the orphan children of Peter + Shackerly,<a href="#note-35">35</a> in answer to their + resolution of the 28th ultimo. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 6, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 7, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 7, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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 chargé + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>June 11, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 20, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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 <i>Sir Robert Peel</i>, + under the British flag, within the waters of the United + States, and on the steamboat <i>Telegraph</i>, 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 28, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 28, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, <i>June 28, 1838</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + 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. + </p> + <p> + 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 <i>a year before the passage + of the act repealing the law</i>. + </p> + <p> + 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 <i>another</i> 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. + </p> + <p> + I am, sir, with great respect, your obedient servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 2, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a + report<a href="#note-36">36</a> from the Secretary of State, + together with the documents therein referred to in answer to + their resolution of the 28th of May last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 3, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 4, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 7, 1838</i>. + </p> + <p> + The PRESIDENT OF THE SENATE. + </p> + <p> + SIR: In conformity with the resolution of the Senate, I + transmit herewith the report of Major-General + Jesup,<a href="#note-27">27</a> together with a letter + from the Secretary of War. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATIONS. + </h2> + <center> + [From Statutes at Large (Little, Brown & Co.), Vol XI, p. + 784.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + [SEAL.] + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + <br> + By the President:<br> + JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + [From Statutes at Large (Little, Brown & Co.), Vol. XI, + p. 785.] + </center> + <h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + </h3> + <h4> + A PROCLAMATION. + </h4> + <p> + 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 + </p> + <p> + 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 + </p> + <p> + Whereas disturbances have actually broken out anew in + different parts of the two Canadas; and + </p> + <p> + 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: + </p> + <p> + 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. + </p> + <p> + [SEAL.] + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + <br> + By the President:<br> + JOHN FORSYTH,<br> + <i>Secretary of State</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SECOND ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 3, 1838</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + 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. + </p> + <p> + We have not less reason to be grateful for other bounties + bestowed by the same munificent hand, and more exclusively + our own. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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° 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Your attention is again earnestly invited to the suggestions + and recommendations submitted at the last session in respect + to the District of Columbia. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 6, 1838</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 7, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives + reports<a href="#note-38">38</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 8, 1838</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 14, 1838</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, <i>December 14, 1838</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your most obedient servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 18, 1838</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit the accompanying documents, marked from 1 to + 5,<a href="#note-39">39</a> 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." + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 20, 1838</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I have the honor to transmit herewith additional letters and + documents<a href="#note-40">40</a> embraced in the resolution + of the House of Representatives of the 17th instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 20, 1838</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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,<a href="#note-41">41</a> 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 26, 1838</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December, 1838</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 7, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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<a href="#note-42">42</a> called for by said + resolution. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 9, 1839</i>. + </p> + <p> + The PRESIDENT OF THE SENATE OF THE UNITED STATES. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 10, 1839</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I communicate to the House of Representatives, in compliance + with its resolution of the 3d instant, reports<a href= + "#note-43">43</a> from the Secretaries of State and War, + containing all the information called for by said resolution + now in possession of the Executive. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 11, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 15, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 9th of + July last, I transmit reports<a href="#note-44">44</a> from + the several Departments of the Government to which that + resolution was referred. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 16, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 17, 1839. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 17, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 17, 1839</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 18, 1839</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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<a href="#note-45">45</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 21, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate, for their consideration in + reference to its ratification, a treaty of 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 + chargé d'affaires of the Netherlands in the United + States. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 21, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 21, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 24, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith to the Senate, for their consideration in + reference to its ratification, a treaty of 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 25, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit to the Senate a report<a href= + "#note-46">46</a> from the Secretary of State, in answer to + their resolution of the 22d instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 26, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JANUARY 28, 1839. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 30, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 2, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 2, 1839</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + 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. + </p> + <p> + All which is respectfully submitted. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Extract of a letter from the consul of the United States at + Mexico, dated November 17, 1838.] + </center> + <p> + 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 <i>Woodbury</i>, 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. + </p> + <p> + + </p> + <p> + + </p> + <center> + [Extract of a letter from the consul of the United States at + Mexico, dated December 31, 1838.] + </center> + <p> + 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. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, D.C., <i>February 6, 1839</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a + report<a href="#note-47">47</a> from the Secretary of + State, with accompanying documents, in answer to a + resolution of that body bearing date on the 28th ultimo. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 6, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with a resolution of the Senate of the 19th + December last, I communicate to the Senate a + report<a href="#note-48">48</a> from the Secretary of + State, accompanying copies of the correspondence called + for by said resolution. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 6, 1839</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, D.C., <i>February 9, 1839</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit herewith to the House of Representatives a 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 13, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I herewith transmit to the Senate a report<a href= + "#note-49">49</a> from the Secretary of State, with + accompanying documents, in answer to their resolution of the + 1st instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 16, 1839</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 19, 1839</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 21, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 22, 1839</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 25, 1839</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 26, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, D.C., <i>February 27, 1839</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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<a href= + "#note-50">50</a> therein referred to. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 27, 1839</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + In further compliance with the resolution of the House of + Representatives of the 28th of January last, I communicate a + report<a href="#note-51">51</a> from the Secretary of War, + which, with its inclosures, contains additional information + called for by said resolution. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 27, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + EXECUTIVE DEPARTMENT,<br> + <i>Augusta, February 22, 1839</i>. + </p> + <p> + His Excellency M. VAN BUREN,<br> + <i>President United States</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with high respect, Your Excellency's + obedient servant, + </p> + <p class="r"> + JOHN FAIRFIELD,<br> + <i>Governor of Maine</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + GOVERNMENT HOUSE,<br> + <i>Frederickton, New Brunswick, February 18, 1839</i>. + </p> + <p> + His Excellency the GOVERNOR OF MAINE. + </p> + <p> + 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— + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + With high respect, I have the honor to be, your excellency's + most obedient servant, + </p> + <p class="r"> + J. HARVEY,<br> + <i>Major-General, Lieutenant-Governor</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + EXECUTIVE DEPARTMENT,<br> + <i>Augusta, February 21, 1839</i>. + </p> + <p> + His Excellency SIR JOHN HARVEY,<br> + <i>Lieutenant-Governor New Brunswick</i>. + </p> + <p> + 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. + </p> + <p> + 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 <i>custody of the + law</i>. With that custody I have neither the disposition nor + the authority to interfere. + </p> + <p> + In regard to James Maclauchlan, esq., provincial land agent, + and Mr. Tibbets, his assistant, I have advised that they be + released upon the <i>same terms</i> upon which the Hon. Rufus + McIntire and his assistants were released, to wit, upon their + <i>parole of honor</i> 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." + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with high respect, your excellency's + obedient servant, + </p> + <p class="r"> + JOHN FAIRFIELD,<br> + <i>Governor of Maine</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + AT THE MOUTH OF THE ARESTOOK, RIVER ST. JOHN,<br> + <i>Province of New Brunswick, February 17, 1839</i>. + </p> + <p> + The OFFICER COMMANDING THE ARMED FORCE ON THE DISPUTED + TERRITORY. + </p> + <p> + 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. + </p> + <p> + I shall await at this place to receive your answer to this. + </p> + <p> + I am, sir, your most obedient, humble servant, + </p> + <p class="r"> + GEO. FRED'K STREET,<br> + <i>Solicitor-General of the Provinces</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + CONFLUENCE OF THE ST. CROIX, STREAM ARESTOOK RIVER,<br> + <i>Township No. 10, State of Maine, February 19, 1839</i>. + </p> + <p> + GEO. FRED. STREET, Esq.,<br> + <i>Solicitor-General of Province New Brunswick</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + I am, sir, your most obedient servant, + </p> + <p class="r"> + CHARLES JARVIS,<br> + <i>Land Agent</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FREDERICKTON, NEW BRUNSWICK, <i>February 18, 1839</i>. + </p> + <p> + Hon. RUFUS McINTIRE, GUSTAVUS G. CUSHMAN, THOMAS BARTLETT, + and EBENEZER WEBSTER, Esqs.: + </p> + <p> + 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. + </p> + <p class="r"> + J. HARVEY. + </p> + <p> + FEBRUARY 18, 1839. + </p> + <p> + We have no hesitation in giving, and hereby do give, the + parole of honor above referred to. + </p> + <p> + Witness: + </p> + <p class="r"> + W. EARL. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + COUNCIL CHAMBER, <i>February 21, 1839</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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, <i>upon the + same terms</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + After describing his defenses, he says: "By to-morrow noon a + force of 100 men would make good our position against 500. + <i>Retreating, therefore, is out of the question</i>. 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." + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + JOHN FAIRFIELD. + </p> + <center> + [Memorandum.] + </center> + <p class="r"> + WASHINGTON, <i>February 27, 1839</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + JOHN FORSYTH,<br> + <i>Secretary of State of the United States of North + America</i>. + </p> + <p class="r"> + H.S. FOX,<br> + <i>Her Britannic Majesty's Envoy Extraordinary and Minister + Plenipotentiary</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 27, 1839</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1839</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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.<a href="#note-52">52</a> + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 28, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 1, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 1, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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,<a href= + "#note-53">53</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 2, 1839</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE UNITED + STATES. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + VETO MESSAGE.<a href="#note-54">54</a> + </h2> + <p class="r"> + MARCH 5, 1839. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + To be placed on file in the State Department. + </p> + <p class="r"> + M.V.B. + </p> + <p> + + </p> + <center> + A RESOLUTION for the distribution in part of the Madison + Papers. + </center> + <p> + <i>Resolved by the Senate and House of Representatives of the + United States of America in Congress assembled</i>, 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. + </p> + <p class="r"> + JAMES K. POLK,<br> + <i>Speaker of the House of Representatives</i>. + </p> + <p class="r"> + W.R. KING,<br> + <i>President of the Senate pro tempore</i>. + </p> + <p> + I certify that this resolution did originate in the Senate. + </p> + <p class="r"> + —————,<br> + <i>Secretary</i>. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + THIRD ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 2, 1839</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 + Curaçoa, where the proceeds were appropriated to the + use of the colony, then, and for a short time after, under + the dominion of Holland. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 chargé + 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 chargé + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Your early consideration of the subject is therefore once + more earnestly requested. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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? + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + CITY OF WASHINGTON, <i>December 4, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit herewith a report from the Secretary of the + Treasury, exhibiting certain transfers of appropriations that + have been made in that Department in pursuance of the 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." + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + CITY OF WASHINGTON, <i>December 4, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + I transmit herewith a report from the Secretary of 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 11, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 12, 1839</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, <i>December 11, 1839</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + SIR: In submitting the accompanying list<a href= + "#note-55">55</a> 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. + </p> + <p> + 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." + </p> + <p> + 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." + </p> + <p> + 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: ... <i>Provided</i>, 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." + </p> + <p> + 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. + </p> + <p> + 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,<a href="#note-55">55</a> + should you think proper to do so. + </p> + <p> + I have the honor to be, very respectfully, your most obedient + servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 17, 1839</i>. + </p> + <p> + Hon. WM. R. KING,<br> + <i>President of the Senate</i>. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <center> + [The same message was addressed to the Speaker of the House + of Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>December 23, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DECEMBER 24, 1839. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 28, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 30, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 31, 1839</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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 <i>Alexandre</i> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 6, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>January 8, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>January 8, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>January 8, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 10, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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,<a href="#note-56">56</a> + held at St. Louis in November last, and the papers connected + therewith, together with a copy of that officer's + resignation. + </p> + <p> + The report of the Secretary of War which accompanies these + papers contains the reasons for withholding the proceedings + of the court-martial. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 11, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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.<a href="#note-57">57</a> + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 11, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 13, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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: + </p> + <p class="q"> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>January 17, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 20, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for their consideration with a view + to its ratification, a treaty of peace, 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 21, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 22, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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.<a href="#note-58">58</a> + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 23, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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.<a href="#note-59">59</a> + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 25, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + The accompanying report<a href="#note-60">60</a> from the + Secretary of State is, with its inclosures, communicated to + the Senate in compliance with their resolution of the 14th + instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 25, 1840</i>. + </p> + <p> + The PRESIDENT OF THE SENATE. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>January 28, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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<a href= + "#note-61">61</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 29, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Fox to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>January 26, 1840</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of this occasion to renew to + the Secretary of State of the United States the assurance of + his distinguished consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE.<br> + <i>Washington, January 28, 1840</i>. + </p> + <p> + HENRY S. FOX, Esq., etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of the occasion to renew to + Mr. Fox assurances of his distinguished consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + JANUARY 31, 1840. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 4, 1840</i>. + </p> + <p> + <i>To the Honorable the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>February 14, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + FEBRUARY 17, 1840. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 21, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 7th instant, I communicate a + report<a href="#note-62">62</a> from the Secretary of State, + containing all the information in possession of the Executive + respecting the matters referred to in that resolution. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 27, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate, for their consideration with a view + to its ratification, a 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 4, 1840</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I communicate a report from the Secretary of State, with + documents<a href="#note-63">63</a> accompanying it, in + compliance with the resolution of the Senate of the 17th of + February last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 9, 1840</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + EXECUTIVE DEPARTMENT,<br> + <i>Augusta, February 15, 1840</i>. + </p> + <p> + His Excellency M. VAN BUREN,<br> + <i>President United States</i>. + </p> + <p> + SIR: A communication from Mr. Fox, the British minister, to + Mr. Forsyth, Secretary of State, under date of January 26, + contains the following statement: + </p> + <p> + "It appears from <i>accurate</i> 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 <i>reenforcement</i> has been marched to the + British post at the Lake Temiscouata; the <i>only change</i> + occurring there has been the relief of a detachment of Her + Majesty's Twenty-fourth Regiment by a detachment of <i>equal + force</i> of the Eleventh Regiment, this force of <i>one + company</i> being now stationed at the Temiscouata post, as + it <i>always has been</i>, 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; <i>no new barracks have in fact been + built anywhere</i>" + </p> + <p> + 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 "<i>accuracy</i>" of the + information alleged to be in the possession of the minister + is only equaled by the <i>justice</i> of the pretensions + heretofore set up in regard to title. + </p> + <p> + But not to be bandying assertions where proof is abundant, I + deem it my duty to transmit to Your Excellency the + depositions<a href="#note-64">64</a> of a number of + gentlemen, citizens of this State, of great respectability, + and whose statements are entitled to the most implicit + confidence. + </p> + <p> + These depositions abundantly prove that up to May last, + nearly two months subsequent to the arrangement entered into + through the mediation of General Scott, <i>no troops</i> + 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 <i>new</i> 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. + </p> + <p> + 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. + </p> + <p> + Under these circumstances, I have only to repeat my official + call upon the General Government for the protection of this + State from <i>invasion</i>. + </p> + <p> + I have the honor to be, with great respect, Your Excellency's + most obedient servant, + </p> + <p class="r"> + JOHN FAIRFIELD,<br> + <i>Governor of Maine</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, February 27, 1840</i>. + </p> + <p> + His Excellency JOHN FAIRFIELD,<br> + <i>Governor of Maine</i>. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, sir, your obedient servant, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + EXECUTIVE DEPARTMENT,<br> + <i>Augusta, February 27, 1840</i>. + </p> + <p> + His Excellency M. VAN BUREN,<br> + <i>President United States</i>. + </p> + <p> + 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<a href= + "#note-65">65</a> 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. + </p> + <p> + 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 + <i>amicable</i> termination of the question relating to the + boundary. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, with high respect, your most obedient + servant, + </p> + <p class="r"> + JOHN FAIRFIELD,<br> + <i>Governor of Maine</i>. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, March 6, 1840</i>. + </p> + <p> + HENRY S. FOX, Esq., etc.: + </p> + <p> + 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<a href= + "#note-65">65</a> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of the occasion to renew to + Mr. Fox assurances of his high consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Fox to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>March 7, 1840</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of this occasion to renew to + the Secretary of State of the United States the assurance of + his distinguished consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 9, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 10, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with a resolution of the House of + Representatives of the 2d of March, 1839, I communicate + reports<a href="#note-66">66</a> from the several + Departments, containing the information requested by the + resolution. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 11, 1840</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p> + Very respectfully, your obedient servant, + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>March, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, D.C., <i>March 12, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives, in answer to + resolution of that body dated on the 9th instant, the + inclosed report of the Secretary of State. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, March 12, 1840</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES: + </p> + <p> + 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. + </p> + <p> + Respectfully submitted, + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>March 19, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, <i>March, 1840</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your obedient servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,<br> + <i>March 17, 1840</i>. + </p> + <p> + Hon. J.R. POINSETT,<br> + <i>Secretary of War</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your obedient servant, + </p> + <p class="r"> + T. HARTLEY CRAWFORD. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 24, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 26, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <center> + <i>Mr. Fox to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>March 13, 1840</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Her Majesty's Government have consequently instructed the + undersigned once more formally to protest against those acts + of encroachment and aggression. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of this occasion to renew to + the Secretary of State of the United States the assurance of + his distinguished consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, March 25, 1840</i>. + </p> + <p> + HENRY S. FOX, Esq., etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The United States can not acquiesce in either of these + positions. + </p> + <p> + 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 <i>within the disputed + territory</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself, etc. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Fox to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>March 26, 1840</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of this occasion to renew to + the Secretary of State of the United States the assurance of + his distinguished consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 28, 1840</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT,<br> + <i>March 27, 1840</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your most obedient servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + HEADQUARTERS, EASTERN DIVISION,<br> + <i>Elizabethtown, N.J., March 23, 1840</i>. + </p> + <p> + Brigadier-General R. JONES,<br> + <i>Adjutant-General United States Army</i>. + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p> + I now confine myself to the Senate's resolution, respecting + "military [I omit <i>naval</i>] 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." + </p> + <p> + 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 + <i>above</i> Frederickton, in New Brunswick, or in Upper + Canada <i>above</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + It is believed that there are no important British forts or + extensive British barracks on our borders from Vermont to + Maine. + </p> + <p> + In respect to such structures on <i>the disputed + territory</i>, 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. + </p> + <p> + 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. + </p> + <p> + I remain, sir, with great respect, your most obedient + servant, + </p> + <p class="r"> + WINFIELD SCOTT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 28, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I communicate to the House of Representatives, in compliance + with their resolution of the 9th instant, reports<a href= + "#note-67">67</a> from the Secretaries of State and War, with + documents, which contain information on the subject of that + resolution. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 31, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I communicate to the House of Representatives a + report<a href="#note-68">68</a> from the Secretary of + State, with documents, containing the information called + for by their resolution of the 23d instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>April 3, 1840</i>. + </p> + <p> + Hon. R.M.T. HUNTER,<br> + <i>Speaker of the House of Representatives</i>. + </p> + <p> + 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." + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 10, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + In compliance with the resolution of the House of + Representatives of the 23d March last, I transmit a + report<a href="#note-69">69</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 14, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I transmit to the House of Representatives a + report<a href="#note-70">70</a> from the Secretary of + State, with documents, containing the information required + by their resolution of the 9th March last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + APRIL 15, 1840. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In further compliance with a resolution of the Senate passed + December 30, 1839, I herewith submit reports<a href= + "#note-71">71</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 15, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>April 18, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>April 24, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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<a href= + "#note-72">72</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>April 27, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I lay before the Senate a report<a href="#note-73">73</a> of + the Postmaster-General, in further compliance with a + resolution of the Senate of the 30th December, 1839. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 2, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit to the Senate a report<a href="#note-74">74</a> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 9, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I communicate to the House of Representatives a + report<a href="#note-75">75</a> from the Secretary of + State, which, with the documents accompanying it, + furnishes the information requested by their resolution of + the 23d of March last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + MAY 11, 1840. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In part compliance with the resolution of the Senate of the + 29th of December last, I herewith submit a report<a href= + "#note-76">76</a> from the Secretary of the Treasury, with + the documents therein referred to. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 12, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I communicate to the Senate a copy of a letter<a href= + "#note-77">77</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 16, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 18, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I communicate to the Senate a copy of a letter<a href= + "#note-77">77</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 21, 1840</i>. + </p> + <p> + <i>To the Senate and House of Representatives of the United + States</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>May 23, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JUNE 4, 1840. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 5, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate dated the + 30th December, 1839, I transmit herewith the + report<a href="#note-78">78</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 5, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + In compliance with the resolution of the Senate of the 30th + December, 1839, I communicate the report<a href= + "#note-79">79</a> of the Secretary of War, containing the + information called for by that resolution as far as it + relates to the Department under his charge. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 6, 1840</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 13, 1840</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I communicate to the House of Representatives a + report<a href="#note-80">80</a> from the Secretary of + State, with documents, containing the information + requested by their resolution of the 26th of May last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 19, 1840</i>. + </p> + <p> + The SPEAKER OF THE HOUSE OF REPRESENTATIVES OF THE UNITED + STATES. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 22, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 27, 1840</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + 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. + </p> + <p> + 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 <i>ex + parte</i> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Fox to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>June 22, 1840</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + But the Government of the United States did not think proper + to assent to the convention so proposed. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of this occasion to renew to + the Secretary of State the assurance of his distinguished + consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, June 26, 1840</i>. + </p> + <p> + H.S. FOX, Esq., etc.: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The undersigned avails himself of the opportunity to offer to + Mr. Fox renewed assurances of his distinguished + consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 29, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, <i>June 27, 1840</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your most obedient servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + HEADQUARTERS OF THE ARMY,<br> + <i>Washington, June 26, 1840</i>. + </p> + <p> + The SECRETARY OF WAR. + </p> + <p> + 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: "<i>Resolved,</i> 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 <i>above</i> + Frederickton, in New Brunswick, or in Upper Canada + <i>above</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Respectfully submitted, + </p> + <p class="r"> + ALEX. MACOMB,<br> + <i>Major-General</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>June 29, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON CITY, <i>June 29, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + Hon. R.M. JOHNSON,<br> + <i>President of the Senate</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + JULY 2, 1840. + </p> + <center> + [The same message was addressed to the Speaker of the House + of Representatives.] + </center> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>July 20, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I transmit herewith, in reply to the resolution of the Senate + of the 11th March last, a report<a href="#note-81">81</a> + from the Secretary of War, accompanied by a communication and + other documents from the Commissioner of Indian Affairs. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + JULY 25, 1840. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + EXECUTIVE ORDER. + </h2> + <p class="r"> + WASHINGTON CITY, <i>March 31, 1840</i>. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + FOURTH ANNUAL MESSAGE. + </h2> + <p class="r"> + WASHINGTON, <i>December 5, 1840</i>. + </p> + <p> + <i>Fellow-Citizens of the Senate and House of + Representatives</i>: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The chargé 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. + </p> + <p> + 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 <i>Macedonian</i> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Coming into office the declared enemy of both, I have + earnestly endeavored to prevent a resort to either. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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? + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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? + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + A report from the Secretary of War, presenting a detailed + view of the affairs of that Department, accompanies this + communication. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 + <i>Constellation</i> and the sloop of war <i>Boston</i>, + 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 + <i>Yorktown</i>, 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. + </p> + <p> + 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° 2' south, longitude 154° + 27' east, and afterwards in latitude 66° 31' south, + longitude 153° 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + The suppression of the African slave trade has received the + continued attention of the Government. The brig + <i>Dolphin</i> and schooner <i>Grampus</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + SPECIAL MESSAGES. + </h2> + <p class="r"> + WASHINGTON, <i>December 7, 1840</i>. + </p> + <p> + Hon. R.M.T. HUNTER,<br> + <i>Speaker of the House of Representatives</i>. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 10, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, <i>December 10, 1840</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your most obedient servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,<br> + <i>December, 1840</i>. + </p> + <p> + Hon. J.R. POINSETT,<br> + <i>Secretary of War</i>. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Very respectfully, your most obedient, + </p> + <p class="r"> + T. HARTLEY CRAWFORD. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 10, 1840</i>. + </p> + <p> + <i>To the Senate</i>: + </p> + <p> + I communicate a report<a href="#note-82">82</a> of the + Secretary of State, with the documents accompanying it, in + compliance with the resolution of the Senate of the 20th of + July last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 21, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 23, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + Herewith I transmit a communication<a href="#note-83">83</a> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 28, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a + report<a href="#note-84">84</a> from the Secretary of State, + with accompanying papers, in answer to their resolution of + the 21st instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 28, 1840</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>December 20, 1840</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a + report<a href="#note-85">85</a> from the Secretary of State, + with accompanying papers, in answer to their resolution of + the 23d instant. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 2, 1841</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Fox to Mr. Forsyth</i>. + </center> + <p class="r"> + WASHINGTON, <i>December 29, 1840</i>. + </p> + <p> + Hon. JOHN FORSYTH, etc. + </p> + <p> + 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 <i>Caroline</i> + on the 29th of December, 1837. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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 + <i>Caroline</i>. 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 <i>Caroline</i> 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. + </p> + <p> + I avail myself of this occasion to renew to you the assurance + of my distinguished consideration. + </p> + <p class="r"> + H.S. FOX. + </p> + <p> + + </p> + <p> + + </p> + <center> + <i>Mr. Forsyth to Mr. Fox</i>. + </center> + <p class="r"> + DEPARTMENT OF STATE,<br> + <i>Washington, December 31, 1840</i>. + </p> + <p> + 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 <i>Caroline</i> 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. + </p> + <p> + I avail myself of the occasion to renew to you the assurance + of my distinguished consideration. + </p> + <p class="r"> + JOHN FORSYTH. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 4, 1841</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, <i>January 4, 1841</i>. + </p> + <p> + The PRESIDENT OF THE UNITED STATES. + </p> + <p> + 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. + </p> + <p> + I have the honor to be, very respectfully, your most obedient + servant, + </p> + <p class="r"> + J.R. POINSETT. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,<br> + <i>December 29, 1840</i>. + </p> + <p> + Hon. J.R. POINSETT,<br> + <i>Secretary of War</i>. + </p> + <p> + 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. + </p> + <p> + 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.<a href="#note-86">86</a>) 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.<a href="#note-86">86</a>) + </p> + <p> + 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.<a href="#note-86">86</a>) + </p> + <p> + 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.<a href="#note-86">86</a>) + </p> + <p> + 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. + </p> + <p> + 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.<a href="#note-86">86</a>) + </p> + <p> + 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: + </p> + <p class="q"> + "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." + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + Respectfully submitted, + </p> + <p class="r"> + T. HARTLEY CRAWFORD. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 5, 1841</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + I communicate to the Senate sundry papers,<a href= + "#note-87">87</a> 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 6, 1841</i>. + </p> + <p> + Hon. R.M. JOHNSON,<br> + <i>President of the Senate</i>. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 7, 1841</i>. + </p> + <p> + Hon. R.M. JOHNSON,<br> + <i>President of the Senate</i>. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 18, 1841</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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.<a href= + "#note-88">88</a> + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 19, 1841</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + I herewith transmit to the House of Representatives a report, + with accompanying papers,<a href="#note-89">89</a> from the + Secretary of State, in answer to the resolution of the House + of the 16th of December last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 22, 1841</i>. + </p> + <p> + <i>To the House of Representatives of the United States</i>: + </p> + <p> + 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." + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>January 29, 1841</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 1, 1841</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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." + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 8, 1841</i>. + </p> + <p> + <i>To the Senate and House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <center> + <i>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</i>. + </center> + <p class="r"> + NEW YORK, <i>January 6, 1842</i>. + </p> + <p> + Hon. JOHN FORSYTE,<br> + <i>Secretary of State</i>. + </p> + <p> + SIR: The commissioners, having assembled in this city in + conformity with your orders under date of 29th of July, beg + leave respectfully to report— + </p> + <p> + 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. + </p> + <p> + The operations of the parties under the command of the + several commissioners were as follows: + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. André, 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. + </p> + <p> + 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. + </p> + <p> + 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 <i>ex parte</i> + examination, or of a joint commission being agreed upon by + the Governments of Great Britain and the United States. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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.<a href= + "#note-90">90</a> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + It was there ascertained that the corner was on the true + <i>dividing</i> 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. + </p> + <p> + 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 <i>height of land</i>. + 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. + </p> + <p> + The result of these explorations may be stated as follows: + </p> + <p> + About 160 miles of country along or near the "<i>height of + land</i>" 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. + </p> + <p> + 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 <i>all</i> 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + 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. + </p> + <p> + All which is respectfully submitted. + </p> + <p class="r"> + JAS. RENWICK,<br> + JAMES D. GRAHAM,<br> + A. TALCOTT,<br> + <i>Commissioners</i>. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>February 12, 1841</i>. + </p> + <p> + <i>To the Senate of the United States</i>: + </p> + <p> + 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 <i>Amistad</i>. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 2, 1841</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit to the House of Representatives a report from the + Attorney-General, with accompanying documents,<a href= + "#note-91">91</a> in compliance with the request contained in + their resolution of the 23d of March last. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 2, 1841</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p class="r"> + WASHINGTON, <i>March 3, 1841</i>. + </p> + <p> + <i>To the House of Representatives</i>: + </p> + <p> + I transmit to the House of Representatives, in compliance + with their resolution of the 30th January last, a + report<a href="#note-92">92</a> from the Secretary of State, + with accompanying documents. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + PROCLAMATION. + </h2> + <center> + [From Senate Journal, Twenty-sixth Congress, second session, + p. 247.] + </center> + <p class="r"> + WASHINGTON, <i>January 6, 1841</i>. + </p> + <p> + <i>The President of the United States + to———, Senator for the State + of———</i>. + </p> + <p> + 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. + </p> + <p class="r"> + M. VAN BUREN. + </p> + <p> + + </p> + <p> + + </p> + <hr> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <h2> + Footnotes + </h2><a name="note-1"><!--Note--></a> + <p class="foot"> + <u>1</u> Whether the works at Black Rock raise the waters of + Lake Erie to the injury of property on its southern and + western shores. + </p> + <p> + <a name="note-2"><!--Note--></a> + </p> + <p class="foot"> + <u>2</u> Omitted. + </p><a name="note-3"><!--Note--></a> + <p class="foot"> + <u>3</u> Omitted. + </p><a name="note-4"><!--Note--></a> + <p class="foot"> + <u>4</u> Respecting transactions in the Cherokee country. + </p><a name="note-5"><!--Note--></a> + <p class="foot"> + <u>5</u> Relating to the capture and sequestration of the + ship <i>Mary</i>, of Baltimore, and her cargo by the Dutch + Government at the island of Curacoa in 1809. + </p><a name="note-6"><!--Note--></a> + <p class="foot"> + <u>6</u> Relating to adjustment of claims to reservations of + land under the fourteenth article of the treaty of 1830 with + the Choctaw Indians. + </p><a name="note-7"><!--Note--></a> + <p class="foot"> + <u>7</u> By the United States sloop of war <i>Natchez</i> off + the coast of Texas. + </p><a name="note-8"><!--Note--></a> + <p class="foot"> + <u>8</u> 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. + </p><a name="note-9"><!--Note--></a> + <p class="foot"> + <u>9</u> Calling for information of any acts endangering the + amicable relations with Great Britain. + </p><a name="note-10"><!--Note--></a> + <p class="foot"> + <u>10</u> Relating to alleged frauds upon the Creek Indians + in the sale and purchase of their lands, etc. + </p><a name="note-11"><!--Note--></a> + <p class="foot"> + <u>11</u> Omitted. + </p><a name="note-12"><!--Note--></a> + <p class="foot"> + <u>12</u> Omitted. + </p><a name="note-13"><!--Note--></a> + <p class="foot"> + <u>13</u> Omitted. + </p><a name="note-14"><!--Note--></a> + <p class="foot"> + <u>14</u> Omitted. + </p><a name="note-15"><!--Note--></a> + <p class="foot"> + <u>15</u> Omitted. + </p><a name="note-16"><!--Note--></a> + <p class="foot"> + <u>16</u> Omitted. + </p><a name="note-17"><!--Note--></a> + <p class="foot"> + <u>17</u> Omitted. + </p><a name="note-18"><!--Note--></a> + <p class="foot"> + <u>18</u> Omitted. + </p><a name="note-19"><!--Note--></a> + <p class="foot"> + <u>19</u> Omitted. + </p><a name="note-20"><!--Note--></a> + <p class="foot"> + <u>20</u> Omitted. + </p><a name="note-21"><!--Note--></a> + <p class="foot"> + <u>21</u> Omitted. + </p><a name="note-22"><!--Note--></a> + <p class="foot"> + <u>22</u> 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. + </p><a name="note-23"><!--Note--></a> + <p class="foot"> + <u>23</u> Relating to a ship canal across the Isthmus of + Darien. + </p><a name="note-24"><!--Note--></a> + <p class="foot"> + <u>24</u> Relating to the prosecution of the claim of the + United States to the bequest made by James Smithson. + </p><a name="note-25"><!--Note--></a> + <p class="foot"> + <u>25</u> Relating to high duties and restrictions on tobacco + imported into foreign countries from the United States, etc. + </p><a name="note-26"><!--Note--></a> + <p class="foot"> + <u>26</u> Omitted. + </p><a name="note-27"><!--Note--></a> + <p class="foot"> + <u>27</u> Omitted. + </p><a name="note-28"><!--Note--></a> + <p class="foot"> + <u>28</u> Omitted. + </p><a name="note-29"><!--Note--></a> + <p class="foot"> + <u>29</u> South Sea surveying and exploring expedition. + </p><a name="note-30"><!--Note--></a> + <p class="foot"> + <u>30</u> A chief of the Apalachicola Indians, for + indemnification for losses sustained by depredations on his + property by white persons. + </p><a name="note-31"><!--Note--></a> + <p class="foot"> + <u>31</u> List of officers of the Corps of Engineers and of + the works upon which they were employed during the year 1837. + </p><a name="note-32"><!--Note--></a> + <p class="foot"> + <u>32</u> Omitted. + </p><a name="note-33"><!--Note--></a> + <p class="foot"> + <u>33</u> Omitted. + </p><a name="note-34"><!--Note--></a> + <p class="foot"> + <u>34</u> Against the Government of Holland. + </p><a name="note-35"><!--Note--></a> + <p class="foot"> + <u>35</u> Killed on board of the United States ship + <i>Chesapeake</i> when attacked by the British ship of war + <i>Leopard</i>, June 22, 1807. + </p><a name="note-36"><!--Note--></a> + <p class="foot"> + <u>36</u> 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. + </p><a name="note-37"><!--Note--></a> + <p class="foot"> + <u>37</u> Relating to operations while commanding the army in + Florida. + </p><a name="note-38"><!--Note--></a> + <p class="foot"> + <u>38</u> 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. + </p><a name="note-39"><!--Note--></a> + <p class="foot"> + <u>39</u> Relating to the "Buckshot war." + </p><a name="note-40"><!--Note--></a> + <p class="foot"> + <u>40</u> Relating to the "Buckshot war." + </p><a name="note-41"><!--Note--></a> + <p class="foot"> + <u>41</u> In aid of the construction of the Wabash and Erie + Canal. + </p><a name="note-42"><!--Note--></a> + <p class="foot"> + <u>42</u> 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. + </p><a name="note-43"><!--Note--></a> + <p class="foot"> + <u>43</u> Relating to the invasion of the southwestern + frontier of the United States by an armed force from the + Republic of Texas. + </p><a name="note-44"><!--Note--></a> + <p class="foot"> + <u>44</u> Transmitting statements of cases in which a per + centum has been allowed to public officers on disbursements + of public moneys. + </p><a name="note-45"><!--Note--></a> + <p class="foot"> + <u>45</u> 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. + </p><a name="note-46"><!--Note--></a> + <p class="foot"> + <u>46</u> Stating that there has been no correspondence with + Great Britain in relation to the northeastern boundary since + December 3, 1838. + </p><a name="note-47"><!--Note--></a> + <p class="foot"> + <u>47</u> Relating to the demand upon the British Government + for satisfaction for the burning of the steamboat + <i>Caroline</i> and murdering of unarmed citizens on board, + at Schlosser, N.Y., December 29, 1837. + </p><a name="note-48"><!--Note--></a> + <p class="foot"> + <u>48</u> Relating to the commerce and navigation carried on + within the Turkish dominions and in the Pashalic of Egypt. + </p><a name="note-49"><!--Note--></a> + <p class="foot"> + <u>49</u> Relating to compensation by Great Britain in the + cases of the brigs <i>Enterprise, Encomium</i>, and + <i>Comet</i>, slaves on board which were forcibly seized and + detained by local authorities of Bermuda and Bahama islands. + </p><a name="note-50"><!--Note--></a> + <p class="foot"> + <u>50</u> 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. + </p><a name="note-51"><!--Note--></a> + <p class="foot"> + <u>51</u> 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. + </p><a name="note-52"><!--Note--></a> + <p class="foot"> + <u>52</u> Relating to attempts to keep down the price of + public lands. + </p><a name="note-53"><!--Note--></a> + <p class="foot"> + <u>53</u> 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. + </p><a name="note-54"><!--Note--></a> + <p class="foot"> + <u>54</u> Pocket veto. + </p><a name="note-55"><!--Note--></a> + <p class="foot"> + <u>55</u> Omitted. + </p><a name="note-56"><!--Note--></a> + <p class="foot"> + <u>56</u> Relating to his administration of the affairs of + the Quartermaster's Department at St. Louis. + </p><a name="note-57"><!--Note--></a> + <p class="foot"> + <u>57</u> Relating to the sale or exchange of Government + drafts, etc. + </p><a name="note-58"><!--Note--></a> + <p class="foot"> + <u>58</u> 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. + </p><a name="note-59"><!--Note--></a> + <p class="foot"> + <u>59</u> Relating to the discharge of liens and incumbrances + upon real estate which has or may become the property of the + United States. + </p><a name="note-60"><!--Note--></a> + <p class="foot"> + <u>60</u> Relating to the compensation by Great Britain in + the case of the brigs <i>Enterprise, Encomium</i>, and + <i>Comet</i>, slaves on board which were forcibly seized and + detained by local authorities of Bermuda and Bahama islands. + </p><a name="note-61"><!--Note--></a> + <p class="foot"> + <u>61</u> Operations in the Missouri, Arkansas, Ohio, and + Mississippi rivers, etc. + </p><a name="note-62"><!--Note--></a> + <p class="foot"> + <u>62</u> Relating to the trade with China, etc. + </p><a name="note-63"><!--Note--></a> + <p class="foot"> + <u>63</u> Containing information relative to the necessity of + amending the existing law regulating the transfer of property + in American vessels abroad. + </p><a name="note-64"><!--Note--></a> + <p class="foot"> + <u>64</u> Omitted. + </p><a name="note-65"><!--Note--></a> + <p class="foot"> + <u>65</u> Omitted. + </p><a name="note-66"><!--Note--></a> + <p class="foot"> + <u>66</u> Transmitting lists of removals from office since + March 3, 1789. + </p><a name="note-67"><!--Note--></a> + <p class="foot"> + <u>67</u> Relating to the British naval armament on the + American lakes, etc. + </p><a name="note-68"><!--Note--></a> + <p class="foot"> + <u>68</u> Relating to the demand of the minister of Spain for + the surrender of the schooner <i>Amistad</i>, with Africans + on board, detained by the American brig of war + <i>Washington</i>, etc. + </p><a name="note-69"><!--Note--></a> + <p class="foot"> + <u>69</u> Relating to the seizure and condemnation by British + authorities of American vessels engaged in the fisheries. + </p><a name="note-70"><!--Note--></a> + <p class="foot"> + <u>70</u> Relating to the tobacco trade between the United + States and foreign countries. + </p><a name="note-71"><!--Note--></a> + <p class="foot"> + <u>71</u> Relating to the sale or exchange of Government + drafts for bank notes and the payment of Government creditors + in depreciated currency. + </p><a name="note-72"><!--Note--></a> + <p class="foot"> + <u>72</u> Military and naval. + </p><a name="note-73"><!--Note--></a> + <p class="foot"> + <u>73</u> Relating to the sale or exchange of Government + drafts, etc. + </p><a name="note-74"><!--Note--></a> + <p class="foot"> + <u>74</u> Relating to bonds of the Territory of Florida. + </p><a name="note-75"><!--Note--></a> + <p class="foot"> + <u>75</u> 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 <i>Plattsburg</i> in 1817; + correspondence relating to the demand by the chargé + d'affaires of Great Britain for the surrender of a mutineer + in the British armed ship <i>Lee</i> 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. + </p><a name="note-76"><!--Note--></a> + <p class="foot"> + <u>76</u> Relating to the sale or exchange of Government + drafts, etc. + </p><a name="note-77"><!--Note--></a> + <p class="foot"> + <u>77</u> Relating to bonds of the Territory of Florida. + </p><a name="note-78"><!--Note--></a> + <p class="foot"> + <u>78</u> 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. + </p><a name="note-79"><!--Note--></a> + <p class="foot"> + <u>79</u> Relating to the manner in which the public funds + have been paid out by disbursing officers and agents during + 1838 and 1839. + </p><a name="note-80"><!--Note--></a> + <p class="foot"> + <u>80</u> Relating to charges preferred by Dr. John Baldwin, + of Louisiana, against Marmaduke Burroughs, consul at Vera + Cruz. + </p><a name="note-81"><!--Note--></a> + <p class="foot"> + <u>81</u> Relating to purchases of Indian lands since the + establishment of the Federal Government. + </p><a name="note-82"><!--Note--></a> + <p class="foot"> + <u>82</u> Relating to sales and donations of public lots in + Washington, D.C. + </p><a name="note-83"><!--Note--></a> + <p class="foot"> + <u>83</u> Relating to the suspension of appropriations made + at the last session of Congress. + </p><a name="note-84"><!--Note--></a> + <p class="foot"> + <u>84</u> Transmitting correspondence with Great Britain + relative to the burning of the steamboat <i>Caroline</i> at + Schlosser, N.Y., December 29, 1837. + </p><a name="note-85"><!--Note--></a> + <p class="foot"> + <u>85</u> 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. + </p><a name="note-86"><!--Note--></a> + <p class="foot"> + <u>86</u> Omitted. + </p><a name="note-87"><!--Note--></a> + <p class="foot"> + <u>87</u> Relating to bonds of the Territory of Florida. + </p><a name="note-88"><!--Note--></a> + <p class="foot"> + <u>88</u> Correspondence imputing malpractices to N.P. Trust, + American consul at Havana, in regard to granting papers to + vessels engaged in the slave trade, etc. + </p><a name="note-89"><!--Note--></a> + <p class="foot"> + <u>89</u> Relating to the origin of any political relations + between the United States and the Empire of China, etc. + </p><a name="note-90"><!--Note--></a> + <p class="foot"> + <u>90</u> Also see report No. 176, House of Representatives, + Twenty-fifth Congress, third session. + </p><a name="note-91"><!--Note--></a> + <p class="foot"> + <u>91</u> Opinions of the Attorneys-General of the United + States from the commencement of the Government to March 1, + 1841. + </p><a name="note-92"><!--Note--></a> + <p class="foot"> + <u>92</u> 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. + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + <p> + + </p> + + + + + + + +<pre> + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents, by James D. Richardson + +*** END OF THIS PROJECT GUTENBERG EBOOK MARTIN VAN BUREN *** + +***** This file should be named 11034-h.htm or 11034-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/1/1/0/3/11034/ + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. 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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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