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diff --git a/12464-h/12464-h.htm b/12464-h/12464-h.htm new file mode 100644 index 0000000..a937b1b --- /dev/null +++ b/12464-h/12464-h.htm @@ -0,0 +1,22525 @@ +<!DOCTYPE HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"> +<html lang="en"> +<head> +<meta http-equiv="Content-Type" + content="text/html; charset=UTF-8"> +<meta content="pg2html (binary v0.16)" + name="generator"> +<title>The Project Gutenberg eBook of + A Compilation of the Messages and Papers Of The Presidents, + by James D. Richardson. +</title> +<style type="text/css"> + <!-- + body { margin-left: 5%; margin-right: 5%; } + p { text-indent: 1em; + margin-top: .75em; + font-size: 100%; + text-align: justify; + margin-bottom: .75em; } + h1,h2,h3,h4,h5,h6 { text-align: center; } + hr { width: 50%; } + hr.full { width: 100%; } + .foot { margin-left: 10%; margin-right: 10%; text-align: justify; text-indent: -3em; font-size: 85%; } + + center { padding: 0.8em;} + .r { text-align: right; } + .q { margin-left: 1em; margin-right: 1em; font-size: 80%; } + .t { margin-left: 5%; margin-right: 5%; } + // --> +</style> +</head> +<body> +<div>*** START OF THE PROJECT GUTENBERG EBOOK 12464 ***</div> + +<div style="height: 8em;"><br><br><br><br><br><br><br><br></div> + +<h1> + A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS +</h1> +<center><b> + BY JAMES D. RICHARDSON +</b></center> +<h2> + John Tyler +<br> + April 4, 1841, to March 4, 1845 +</h2> + + +<hr> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + John Tyler +</h2> +<p> + JOHN TYLER, second son of Judge John Tyler, governor of Virginia from + 1808 to 1811, and Mary Armistead, was born at Greenway, Charles City + County, Va., March 29, 1790. He was graduated at William and Mary + College in 1807. At college he showed a strong interest in ancient + history; was also fond of poetry and music, and was a skillful performer + on the violin. In 1809 he was admitted to the bar, and had already begun + to obtain a good practice when he was elected to the legislature. Took + his seat in that body in December, 1811. Was here a firm supporter of + Mr. Madison's Administration; and the war with Great Britain, which + soon followed, afforded him an opportunity to become conspicuous as + a forcible and persuasive orator. March 29, 1813, he married Letitia, + daughter of Robert Christian, and a few weeks afterwards was called + into the field at the head of a company of militia to take part in the + defense of Richmond, threatened by the British. This military service + lasted but a month. He was reelected to the legislature annually until, + in November, 1816, he was chosen to fill a vacancy in the United States + House of Representatives. Was reelected to the Fifteenth and Sixteenth + Congresses. In 1821, his health being seriously impaired, he declined + a reelection and retired to private life. In 1823 he was again elected + to the Virginia legislature. Here he was a friend to the candidacy of + William H. Crawford for the Presidency. In 1824 he was a candidate to + fill a vacancy in the United States Senate, but was defeated. He opposed + in 1825 the attempt to remove William and Mary College to Richmond, and + was afterwards made successively rector and chancellor of the college, + which prospered signally under his management. In December, 1825, he was + chosen by the legislature to the governorship of Virginia, and in the + following year was reelected by a unanimous vote. In December, 1826, the + friends of Clay and Adams combined with the Democrats opposed to John + Randolph and elected Mr. Tyler to the United States Senate. In February, + 1830, after taking part in the Virginia convention for revising the + State constitution, he returned to his seat in the Senate, and found + himself first drawn toward Jackson by the veto message (May 27) upon the + Maysville turnpike bill; supported Jackson in the Presidential election + of 1832, but broke with the Administration on the question of the + removal of the deposits from the United States Bank, and voted for Mr. + Clay's resolution to censure the President. He was nominated by the + State-rights Whigs for Vice-President in 1835, and at the election on + November 8, 1836, received 47 electoral votes; but no candidate having + a majority of electoral votes, the Senate elected Richard M. Johnson, + of Kentucky. The legislature of Virginia having instructed the Senators + from that State to vote for expunging the resolutions of censure upon + President Jackson, Mr. Tyler refused to obey the instructions, resigned + his seat, and returned home February 29, 1836. On January 10, 1838, + he was chosen president of the Virginia Colonization Society. In the + spring of 1838 he was returned to the Virginia legislature. In January, + 1839, he was a candidate for reelection to the United States Senate; + the result was a deadlock, and the question was indefinitely postponed + before any choice had been made. December 4, 1839, the Whig national + convention, at Harrisburg, Pa., nominated him for Vice-President on the + ticket with William Henry Harrison, and at the election on November 10, + 1840, he was elected, receiving 234 electoral votes to 48 for Richard M. + Johnson, of Kentucky. By the death of President Harrison April 4, 1841, + Mr. Tyler became President of the United States. He took the oath of + office on April 6. Among the more important events of his Administration + were the "Ashburton treaty" with Great Britain, the termination of + the Indian war in Florida, the passage of the resolutions by Congress + providing for the annexation of Texas, and the treaty with China. On May + 27, 1844, he was nominated for President at a convention in Baltimore, + but although at first he accepted the nomination, he subsequently + withdrew his name. On June 26, 1844, Mr. Tyler married Miss Julia + Gardiner, of New York, his first wife having died September 9, 1842. + After leaving the White House he took up his residence on his estate, + Sherwood Forest, near Greenway, Va., on the bank of the James River. Was + president of the Peace Convention held at Washington February 4, 1861. + Afterwards, as a delegate to the Virginia State convention, he advocated + the passage of an ordinance of secession. In May, 1861, he was + unanimously elected a member of the provisional congress of the + Confederate States. In the following autumn he was elected to the + permanent congress, but died at Richmond January 18, 1862, before + taking his seat, and was buried in Hollywood Cemetery, in that city. +</p> +<hr> +<a name="2H_4_0002"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + INAUGURAL ADDRESS. +</h2> +<p class="r"> + WASHINGTON, <i>April 9, 1841</i>. +</p> +<p> + <i>To the People of the United States</i>. +</p> +<p> + FELLOW-CITIZENS: Before my arrival at the seat of Government the painful + communication was made to you by the officers presiding over the several + Departments of the deeply regretted death of William Henry Harrison, + late President of the United States. Upon him you had conferred your + suffrages for the first office in your gift, and had selected him as + your chosen instrument to correct and reform all such errors and abuses + as had manifested themselves from time to time in the practical + operation of the Government. While standing at the threshold of this + great work he has by the dispensation of an all-wise Providence been + removed from amongst us, and by the provisions of the Constitution the + efforts to be directed to the accomplishing of this vitally important + task have devolved upon myself. This same occurrence has subjected the + wisdom and sufficiency of our institutions to a new test. For the first + time in our history the person elected to the Vice-Presidency of the + United States, by the happening of a contingency provided for in the + Constitution, has had devolved upon him the Presidential office. + The spirit of faction, which is directly opposed to the spirit of + a lofty patriotism, may find in this occasion for assaults upon my + Administration; and in succeeding, under circumstances so sudden + and unexpected and to responsibilities so greatly augmented, to the + administration of public affairs I shall place in the intelligence and + patriotism of the people my only sure reliance. My earnest prayer shall + be constantly addressed to the all-wise and all-powerful Being who + made me, and by whose dispensation I am called to the high office + of President of this Confederacy, understandingly to carry out the + principles of that Constitution which I have sworn "to protect, + preserve, and defend." +</p> +<p> + The usual opportunity which is afforded to a Chief Magistrate upon his + induction to office of presenting to his countrymen an exposition of the + policy which would guide his Administration, in the form of an inaugural + address, not having, under the peculiar circumstances which have brought + me to the discharge of the high duties of President of the United + States, been afforded to me, a brief exposition of the principles which + will govern me in the general course of my administration of public + affairs would seem to be due as well to myself as to you. +</p> +<p> + In regard to foreign nations, the groundwork of my policy will be + justice on our part to all, submitting to injustice from none. While + I shall sedulously cultivate the relations of peace and amity with one + and all, it will be my most imperative duty to see that the honor of the + country shall sustain no blemish. With a view to this, the condition of + our military defenses will become a matter of anxious solicitude. The + Army, which has in other days covered itself with renown, and the Navy, + not inappropriately termed the right arm of the public defense, which + has spread a light of glory over the American standard in all the waters + of the earth, should be rendered replete with efficiency. +</p> +<p> + In view of the fact, well avouched by history, that the tendency of all + human institutions is to concentrate power in the hands of a single man, + and that their ultimate downfall has proceeded from this cause, I deem + it of the most essential importance that a complete separation should + take place between the sword and the purse. No matter where or how the + public moneys shall be deposited, so long as the President can exert the + power of appointing and removing at his pleasure the agents selected for + their custody the Commander in Chief of the Army and Navy is in fact the + treasurer. A permanent and radical change should therefore be decreed. + The patronage incident to the Presidential office, already great, is + constantly increasing. Such increase is destined to keep pace with the + growth of our population, until, without a figure of speech, an army + of officeholders may be spread over the land. The unrestrained power + exerted by a selfishly ambitious man in order either to perpetuate his + authority or to hand it over to some favorite as his successor may lead + to the employment of all the means within his control to accomplish his + object. The right to remove from office, while subjected to no just + restraint, is inevitably destined to produce a spirit of crouching + servility with the official corps, which, in order to uphold the hand + which feeds them, would lead to direct and active interference in the + elections, both State and Federal, thereby subjecting the course of + State legislation to the dictation of the chief executive officer and + making the will of that officer absolute and supreme. I will at a proper + time invoke the action of Congress upon this subject, and shall readily + acquiesce in the adoption of all proper measures which are calculated to + arrest these evils, so full of danger in their tendency. I will remove + no incumbent from office who has faithfully and honestly acquitted + himself of the duties of his office, except in such cases where + such officer has been guilty of an active partisanship or by secret + means—the less manly, and therefore the more objectionable—has given + his official influence to the purposes of party, thereby bringing the + patronage of the Government in conflict with the freedom of elections. + Numerous removals may become necessary under this rule. These will + be made by me through no acerbity of feeling—I have had no cause to + cherish or indulge unkind feelings toward any—but my conduct will be + regulated by a profound sense of what is due to the country and its + institutions; nor shall I neglect to apply the same unbending rule + to those of my own appointment. Freedom of opinion will be tolerated, + the full enjoyment of the right of suffrage will be maintained as the + birthright of every American citizen; but I say emphatically to the + official corps, "Thus far and no farther." I have dwelt the longer upon + this subject because removals from office are likely often to arise, + and I would have my countrymen to understand the principle of the + Executive action. +</p> +<p> + In all public expenditures the most rigid economy should be resorted to, + and, as one of its results, a public debt in time of peace be sedulously + avoided. A wise and patriotic constituency will never object to the + imposition of necessary burdens for useful ends, and true wisdom + dictates the resort to such means in order to supply deficiencies in the + revenue, rather than to those doubtful expedients which, ultimating in + a public debt, serve to embarrass the resources of the country and to + lessen its ability to meet any great emergency which may arise. All + sinecures should be abolished. The appropriations should be direct + and explicit, so as to leave as limited a share of discretion to the + disbursing agents as may be found compatible with the public service. + A strict responsibility on the part of all the agents of the Government + should be maintained and peculation or defalcation visited with + immediate expulsion from office and the most condign punishment. +</p> +<p> + The public interest also demands that if any war has existed between + the Government and the currency it shall cease. Measures of a financial + character now having the sanction of legal enactment shall be faithfully + enforced until repealed by the legislative authority. But I owe it to + myself to declare that I regard existing enactments as unwise and + impolitic and in a high degree oppressive. I shall promptly give my + sanction to any constitutional measure which, originating in Congress, + shall have for its object the restoration of a sound circulating medium, + so essentially necessary to give confidence in all the transactions + of life, to secure to industry its just and adequate rewards, and to + reestablish the public prosperity. In deciding upon the adaptation of + any such measure to the end proposed, as well as its conformity to the + Constitution, I shall resort to the fathers of the great republican + school for advice and instruction, to be drawn from their sage views of + our system of government and the light of their ever-glorious example. +</p> +<p> + The institutions under which we live, my countrymen, secure each person + in the perfect enjoyment of all his rights. The spectacle is exhibited + to the world of a government deriving its powers from the consent of the + governed and having imparted to it only so much power as is necessary + for its successful operation. Those who are charged with its + administration should carefully abstain from all attempts to enlarge + the range of powers thus granted to the several departments of the + Government other than by an appeal to the people for additional grants, + lest by so doing they disturb that balance which the patriots and + statesmen who framed the Constitution designed to establish between the + Federal Government and the States composing the Union. The observance + of these rules is enjoined upon us by that feeling of reverence and + affection which finds a place in the heart of every patriot for the + preservation of union and the blessings of union—for the good of our + children and our children's children through countless generations. + An opposite course could not fail to generate factions intent upon + the gratification of their selfish ends, to give birth to local and + sectional jealousies, and to ultimate either in breaking asunder the + bonds of union or in building up a central system which would inevitably + end in a bloody scepter and an iron crown. +</p> +<p> + In conclusion I beg you to be assured that I shall exert myself to carry + the foregoing principles into practice during my administration of the + Government, and, confiding in the protecting care of an everwatchful and + overruling Providence, it shall be my first and highest duty to preserve + unimpaired the free institutions under which we live and transmit them + to those who shall succeed me in their full force and vigor. +</p> +<p class="r"> + JOHN TYLER. +</p> +<center> + [For proclamation of President Tyler recommending, in consequence of the + death of President Harrison, a day of fasting and prayer, see p. 32.] +</center> +<a name="2H_4_0003"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL SESSION MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>June 1, 1841</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>. +</p> +<p> + FELLOW CITIZENS: You have been assembled in your respective halls of + legislation under a proclamation bearing the signature of the + illustrious citizen who was so lately called by the direct suffrages of + the people to the discharge of the important functions of their chief + executive office. Upon the expiration of a single month from the day of + his installation he has paid the great debt of nature, leaving behind + him a name associated with the recollection of numerous benefits + conferred upon the country during a long life of patriotic devotion. + With this public bereavement are connected other considerations which + will not escape the attention of Congress. The preparations necessary + for his removal to the seat of Government in view of a residence of four + years must have devolved upon the late President heavy expenditures, + which, if permitted to burthen the limited resources of his private + fortune, may tend seriously to the embarrassment of his surviving + family; and it is therefore respectfully submitted to Congress whether + the ordinary principles of justice would not dictate the propriety of + its legislative interposition. By the provisions of the fundamental law + the powers and duties of the high station to which he was elected have + devolved upon me, and in the dispositions of the representatives of the + States and of the people will be found, to a great extent, a solution of + the problem to which our institutions are for the first time subjected. +</p> +<p> + In entering upon the duties of this office I did not feel that it would + be becoming in me to disturb what had been ordered by my lamented + predecessor. Whatever, therefore, may have been my opinion originally as + to the propriety of convening Congress at so early a day from that of + its late adjournment, I found a new and controlling inducement not to + interfere with the patriotic desires of the late President in the + novelty of the situation in which I was so unexpectedly placed. My first + wish under such circumstances would necessarily have been to have called + to my aid in the administration of public affairs the combined wisdom of + the two Houses of Congress, in order to take their counsel and advice as + to the best mode of extricating the Government and the country from the + embarrassments weighing heavily on both. I am, then, most happy in + finding myself so soon after my accession to the Presidency surrounded + by the immediate representatives of the States and people. +</p> +<p> + No important changes having taken place in our foreign relations since + the last session of Congress, it is not deemed necessary on this + occasion to go into a detailed statement in regard to them. I am happy + to say that I see nothing to destroy the hope of being able to preserve + peace, The ratification of the treaty with Portugal has been duly + exchanged between the two Governments. This Government has not been + inattentive to the interests of those of our citizens who have claims on + the Government of Spain founded on express treaty stipulations, and a + hope is indulged that the representations which have been made to that + Government on this subject may lead ere long to beneficial results. +</p> +<p> + A correspondence has taken place between the Secretary of State and the + minister of Her Britannic Majesty accredited to this Government on the + subject of Alexander McLeod's indictment and imprisonment, copies of + which are herewith communicated to Congress. +</p> +<p> + In addition to what appears from these papers, it may be proper to state + that Alexander McLeod has been heard by the supreme court of the State + of New York on his motion to be discharged from imprisonment, and that + the decision of that court has not as yet been pronounced. +</p> +<p> + The Secretary of State has addressed to me a paper upon two subjects + interesting to the commerce of the country, which will receive my + consideration, and which I have the honor to communicate to Congress. +</p> +<p> + So far as it depends on the course of this Government, our relations of + good will and friendship will be sedulously cultivated with all nations. + The true American policy will be found to consist in the exercise of + a spirit of justice, to be manifested in the discharge of all our + international obligations to the weakest of the family of nations as + well as to the most powerful. Occasional conflicts of opinion may arise, + but when the discussions incident to them are conducted in the language + of truth and with a strict regard to justice the scourge of war will for + the most part be avoided. The time ought to be regarded as having gone + by when a resort to arms is to be esteemed as the only proper arbiter + of national differences. +</p> +<p> + The census recently taken shows a regularly progressive increase in + our population. Upon the breaking out of the War of the Revolution + our numbers scarcely equaled 3,000,000 souls; they already exceed + 17,000,000, and will continue to progress in a ratio which duplicates in + a period of about twenty-three years. The old States contain a territory + sufficient in itself to maintain a population of additional millions, + and the most populous of the new States may even yet be regarded as but + partially settled, while of the new lands on this side of the Rocky + Mountains, to say nothing of the immense region which stretches from + the base of those mountains to the mouth of the Columbia River, about + 770,000,000 acres, ceded and unceded, still remain to be brought into + market. We hold out to the people of other countries an invitation to + come and settle among us as members of our rapidly growing family, and + for the blessings which we offer them we require of them to look upon + our country as their country and to unite with us in the great task of + preserving our institutions and thereby perpetuating our liberties. No + motive exists for foreign conquest; we desire but to reclaim our almost + illimitable wildernesses and to introduce into their depths the lights + of civilization. While we shall at all times be prepared to vindicate + the national honor, our most earnest desire will be to maintain an + unbroken peace. +</p> +<p> + In presenting the foregoing views I can not withhold the expression of + the opinion that there exists nothing in the extension of our Empire + over our acknowledged possessions to excite the alarm of the patriot for + the safety of our institutions. The federative system, leaving to each + State the care of its domestic concerns and devolving on the Federal + Government those of general import, admits in safety of the greatest + expansion; but at the same time I deem it proper to add that there will + be found to exist at all times an imperious necessity for restraining + all the functionaries of this Government within the range of their + respective powers, thereby preserving a just balance between the powers + granted to this Government and those reserved to the States and to the + people. +</p> +<p> + From the report of the Secretary of the Treasury you will perceive that + the fiscal means, present and accruing, are insufficient to supply the + wants of the Government for the current year. The balance in the + Treasury on the 4th day of March last not covered by outstanding drafts, + and exclusive of trust funds, is estimated at $860,000. This includes + the sum of $215,000 deposited in the Mint and its branches to procure + metal for coining and in process of coinage, and which could not be + withdrawn without inconvenience, thus leaving subject to draft in the + various depositories the sum of $645,000. By virtue of two several acts + of Congress the Secretary of the Treasury was authorized to issue on and + after the 4th day of March last Treasury notes to the amount of + $5,413,000, making an aggregate available fund of $6,058,000 on hand. +</p> +<p> + But this fund was chargeable, with outstanding Treasury notes redeemable + in the current year and interest thereon, to the estimated amount of + $5,280,000. There is also thrown upon the Treasury the payment of a + large amount of demands accrued in whole or in part in former years, + which will exhaust the available means of the Treasury and leave the + accruing revenue, reduced as it is in amount, burthened with debt and + charged with the current expenses of the Government. +</p> +<p> + The aggregate amount of outstanding appropriations on the 4th day of + March last was $33,429,616.50, of which $24,210,000 will be required + during the current year; and there will also be required for the + use of the War Department additional appropriations to the amount of + $2,511,132.98, the special objects of which will be seen by reference + to the report of the Secretary of War. The anticipated means of the + Treasury are greatly inadequate to this demand. The receipts from + customs for the last three quarters of the last year and first quarter + of the present year amounted to $12,100,000; the receipts for lands + for the same time to $2,742,450, shewing an average revenue from both + sources of $1,236,870 per month. +</p> +<p> + A gradual expansion of trade, growing out of a restoration of + confidence, together with a reduction in the expenses of collecting and + punctuality on the part of collecting officers, may cause an addition + to the monthly receipts from the customs. They are estimated for the + residue of the year from the 4th of March at $12,000,000. The receipts + from the public lands for the same time are estimated at $2,500,000, and + from miscellaneous sources at $170,000, making an aggregate of available + fund within the year of $15,315,000, which will leave a probable deficit + of $11,406,132.98. To meet this some temporary provision is necessary + until the amount can be absorbed by the excess of revenues which are + anticipated to accrue at no distant day. +</p> +<p> + There will fall due within the next three months Treasury notes of + the issues of 1840, including interest, about $2,850,000. There is + chargeable in the same period for arrearages for taking the Sixth Census + $294,000, and the estimated expenditures for the current service are + about $8,100,000, making the aggregate demand upon the Treasury prior + to the 1st of September next about $11,340,000. +</p> +<p> + The ways and means in the Treasury and estimated to accrue within the + above-named period consist of about $694,000 of funds available on the + 28th ultimo, an unissued balance of Treasury notes authorized by the act + of 1841 amounting to $1,955,000, and estimated receipts from all sources + of $3,800,000, making an aggregate of about $6,450,000, and leaving a + probable deficit on the 1st of September next of $4,845,000. +</p> +<p> + In order to supply the wants of the Government, an intelligent + constituency, in view of their best interests, will without hesitation + submit to all necessary burthens. But it is nevertheless important so to + impose them as to avoid defeating the just expectations of the country + growing out of preexisting laws. The act of the 2d of March, 1833, + commonly called the "compromise act," should not be altered except under + urgent necessities, which are not believed at this time to exist. One + year only remains to complete the series of reductions provided for by + that law, at which time provisions made by the same law, and which then + will be brought actively in aid of the manufacturing interests of the + Union, will not fail to produce the most beneficial results. Under a + system of discriminating duties imposed for purposes of revenue, in + unison with the provisions of existing laws, it is to be hoped that our + policy will in the future be fixed and permanent, so as to avoid those + constant fluctuations which defeat the very objects they have in view. + We shall thus best maintain a position which, while it will enable us + the more readily to meet the advances of other countries calculated to + promote our trade and commerce, will at the same time leave in our own + hands the means of retaliating with greater effect unjust regulations. +</p> +<p> + In intimate connection with the question of revenue is that which makes + provision for a suitable fiscal agent, capable of adding increased + facilities in the collection and disbursement of the public revenues, + rendering more secure their custody, and consulting a true economy + in the great, multiplied, and delicate operations of the Treasury + Department. Upon such an agent depends in an eminent degree the + establishment of a currency of uniform value, which is of so great + importance to all the essential interests of society, and on the wisdom + to be manifested in its creation much depends. So intimately interwoven + are its operations, not only with the interests of individuals, but of + States, that it may be regarded to a great degree as controlling both. + If paper be used as the chief medium of circulation, and the power be + vested in the Government of issuing it at pleasure, either in the form + of Treasury drafts or any other, or if banks be used as the public + depositories, with liberty to regard all surpluses from day to day as + so much added to their active capital, prices are exposed to constant + fluctuations and industry to severe suffering. In the one case political + considerations directed to party purposes may control, while excessive + cupidity may prevail in the other. The public is thus constantly liable + to imposition. Expansions and contractions may follow each other in + rapid succession—the one engendering a reckless spirit of adventure and + speculation, which embraces States as well as individuals, the other + causing a fall in prices and accomplishing an entire change in the + aspect of affairs. Stocks of all sorts rapidly decline, individuals + are ruined, and States embarrassed even in their efforts to meet with + punctuality the interest on their debts. Such, unhappily, is the + condition of things now existing in the United States. These effects may + readily be traced to the causes above referred to. The public revenues, + being removed from the then Bank of the United States, under an order of + a late President, were placed in selected State banks, which, actuated + by the double motive of conciliating the Government and augmenting their + profits to the greatest possible extent, enlarged extravagantly their + discounts, thus enabling all other existing banks to do the same; large + dividends were declared, which, stimulating the cupidity of capitalists, + caused a rush to be made to the legislatures of the respective States + for similar acts of incorporation, which by many of the States, under a + temporary infatuation, were readily granted, and thus the augmentation + of the circulating medium, consisting almost exclusively of paper, + produced a most fatal delusion. An illustration derived from the land + sales of the period alluded to will serve best to show the effect of the + whole system. The average sales of the public lands for a period of ten + years prior to 1834 had not much exceeded $2,000,000 per annum. In 1834 + they attained in round numbers to the amount of $6,000,000; in the + succeeding year of 1835 they reached $16,000,000, and the next year of + 1836 they amounted to the enormous sum of $25,000,000, thus crowding + into the short space of three years upward of twenty-three years' + purchase of the public domain. So apparent had become the necessity of + arresting this course of things that the executive department assumed + the highly questionable power of discriminating in the funds to be used + in payment by different classes of public debtors—a discrimination + which was doubtless designed to correct this most ruinous state of + things by the exaction of specie in all payments for the public lands, + but which could not at once arrest the tide which had so strongly set + in. Hence the demands for specie became unceasing, and corresponding + prostration rapidly ensued under the necessities created with the banks + to curtail their discounts and thereby to reduce their circulation. + I recur to these things with no disposition to censure preexisting + Administrations of the Government, but simply in exemplification of the + truth of the position which I have assumed. If, then, any fiscal agent + which may be created shall be placed, without due restrictions, either + in the hands of the administrators of the Government or those of private + individuals, the temptation to abuse will prove to be resistless. + Objects of political aggrandizement may seduce the first, and the + promptings of a boundless cupidity will assail the last. Aided by the + experience of the past, it will be the pleasure of Congress so to guard + and fortify the public interests in the creation of any new agent as to + place them, so far as human wisdom can accomplish it, on a footing of + perfect security. Within a few years past three different schemes have + been before the country. The charter of the Bank of the United States + expired by its own limitations in 1836. An effort was made to renew + it, which received the sanction of the two Houses of Congress, but the + then President of the United States exercised his <i>veto</i> power and the + measure was defeated. A regard to truth requires me to say that the + President was fully sustained in the course he had taken by the popular + voice. His successor to the chair of state unqualifiedly pronounced his + opposition to any new charter of a similar institution, and not only the + popular election which brought him into power, but the elections through + much of his term, seemed clearly to indicate a concurrence with him + in sentiment on the part of the people. After the public moneys were + withdrawn from the United States Bank they were placed in deposit with + the State banks, and the result of that policy has been before the + country. To say nothing as to the question whether that experiment + was made under propitious or adverse circumstances, it may safely be + asserted that it did receive the unqualified condemnation of most of its + early advocates, and, it is believed, was also condemned by the popular + sentiment. The existing subtreasury system does not seem to stand in + higher favor with the people, but has recently been condemned in a + manner too plainly indicated to admit of a doubt. Thus in the short + period of eight years the popular voice may be regarded as having + successively condemned each of the three schemes of finance to which + I have adverted. As to the first, it was introduced at a time (1816) + when the State banks, then comparatively few in number, had been forced + to suspend specie payments by reason of the war which had previously + prevailed with Great Britain. Whether if the United States Bank charter, + which expired in 1811, had been renewed in due season it would have been + enabled to continue specie payments during the war and the disastrous + period to the commerce of the country which immediately succeeded is, to + say the least, problematical, and whether the United States Bank of 1816 + produced a restoration of specie payments or the same was accomplished + through the instrumentality of other means was a matter of some + difficulty at that time to determine. Certain it is that for the first + years of the operation of that bank its course was as disastrous as + for the greater part of its subsequent career it became eminently + successful. As to the second, the experiment was tried with a redundant + Treasury, which continued to increase until it seemed to be the part + of wisdom to distribute the surplus revenue among the States, which, + operating at the same time with the specie circular and the causes + before adverted to, caused them to suspend specie payments and involved + the country in the greatest embarrassment. And as to the third, if + carried through all the stages of its transmutation from paper and + specie to nothing but the precious metals, to say nothing of the + insecurity of the public moneys, its injurious effects have been + anticipated by the country in its unqualified condemnation. What is now + to be regarded as the judgment of the American people on this whole + subject I have no accurate means of determining but by appealing to + their more immediate representatives. The late contest, which terminated + in the election of General Harrison to the Presidency, was decided on + principles well known and openly declared, and while the subtreasury + received in the result the most decided condemnation, yet no other + scheme of finance seemed to have been concurred in. To you, then, who + have come more directly from the body of our common constituents, I + submit the entire question, as best qualified to give a full exposition + of their wishes and opinions. I shall be ready to concur with you in the + adoption of such system as you may propose, reserving to myself the + ultimate power of rejecting any measure which may, in my view of it, + conflict with the Constitution or otherwise jeopardize the prosperity of + the country—a power which I could not part with even if I would, but + which I will not believe any act of yours will call into requisition. +</p> +<p> + I can not avoid recurring, in connection with this subject, to the + necessity which exists for adopting some suitable measure whereby the + unlimited creation of banks by the States may be corrected in future. + Such result can be most readily achieved by the consent of the States, + to be expressed in the form of a compact among themselves, which + they can only enter into with the consent and approbation of this + Government—a consent which might in the present emergency of the + public demands justifiably be given by Congress in advance of any action + by the States, as an inducement to such action, upon terms well defined + by the act of tender. Such a measure, addressing itself to the calm + reflection of the States, would find in the experience of the past and + the condition of the present much to sustain it; and it is greatly to be + doubted whether any scheme of finance can prove for any length of time + successful while the States shall continue in the unrestrained exercise + of the power of creating banking corporations. This power can only be + limited by their consent. +</p> +<p> + With the adoption of a financial agency of a satisfactory character the + hope may be indulged that the country may once more return to a state of + prosperity. Measures auxiliary thereto, and in some measure inseparably + connected with its success, will doubtless claim the attention of + Congress. Among such, a distribution of the proceeds of the sales of the + public lands, provided such distribution does not force upon Congress + the necessity of imposing upon commerce heavier burthens than those + contemplated by the act of 1833, would act as an efficient remedial + measure by being brought directly in aid of the States. As one sincerely + devoted to the task of preserving a just balance in our system of + Government by the maintenance of the States in a condition the most free + and respectable and in the full possession of all their power, I can no + otherwise than feel desirous for their emancipation from the situation + to which the pressure on their finances now subjects them. And while I + must repudiate, as a measure founded in error and wanting constitutional + sanction, the slightest approach to an assumption by this Government of + the debts of the States, yet I can see in the distribution adverted to + much to recommend it. The compacts between the proprietor States and + this Government expressly guarantee to the States all the benefits which + may arise from the sales. The mode by which this is to be effected + addresses itself to the discretion of Congress as the trustee for the + States, and its exercise after the most beneficial manner is restrained + by nothing in the grants or in the Constitution so long as Congress + shall consult that equality in the distribution which the compacts + require. In the present condition of some of the States the question of + distribution may be regarded as substantially a question between direct + and indirect taxation. If the distribution be not made in some form + or other, the necessity will daily become more urgent with the debtor + States for a resort to an oppressive system of direct taxation, or their + credit, and necessarily their power and influence, will be greatly + diminished. The payment of taxes after the most inconvenient and + oppressive mode will be exacted in place of contributions for the most + part voluntarily made, and therefore comparatively unoppressive. The + States are emphatically the constituents of this Government, and we + should be entirely regardless of the objects held in view by them in + the creation of this Government if we could be indifferent to their + good. The happy effects of such a measure upon all the States would + immediately be manifested. With the debtor States it would effect the + relief to a great extent of the citizens from a heavy burthen of direct + taxation, which presses with severity on the laboring classes, and + eminently assist in restoring the general prosperity. An immediate + advance would take place in the price of the State securities, and the + attitude of the States would become once more, as it should ever be, + lofty and erect. With States laboring under no extreme pressure from + debt, the fund which they would derive from this source would enable + them to improve their condition in an eminent degree. So far as this + Government is concerned, appropriations to domestic objects approaching + in amount the revenue derived from the land sales might be abandoned, + and thus a system of unequal, and therefore unjust, legislation would + be substituted by one dispensing equality to all the members of this + Confederacy. Whether such distribution should be made directly to the + States in the proceeds of the sales or in the form of profits by virtue + of the operations of any fiscal agency having those proceeds as its + basis, should such measure be contemplated by Congress, would well + deserve its consideration. Nor would such disposition of the proceeds of + the sales in any manner prevent Congress from time to time from passing + all necessary preemption laws for the benefit of actual settlers, or + from making any new arrangement as to the price of the public lands + which might in future be esteemed desirable. +</p> +<p> + I beg leave particularly to call your attention to the accompanying + report from the Secretary of War. Besides the present state of the war + which has so long afflicted the Territory of Florida, and the various + other matters of interest therein referred to, you will learn from it + that the Secretary has instituted an inquiry into abuses, which promises + to develop gross enormities in connection with Indian treaties which + have been negotiated, as well as in the expenditures for the removal and + subsistence of the Indians. He represents also other irregularities + of a serious nature that have grown up in the practice of the Indian + Department, which will require the appropriation of upward of $200,000 + to correct, and which claim the immediate attention of Congress. +</p> +<p> + In reflecting on the proper means of defending the country we can not + shut our eyes to the consequences which the introduction and use of the + power of steam upon the ocean are likely to produce in wars between + maritime states. We can not yet see the extent to which this power may + be applied in belligerent operations, connecting itself as it does with + recent improvements in the science of gunnery and projectiles; but we + need have no fear of being left, in regard to these things, behind the + most active and skillful of other nations if the genius and enterprise + of our fellow-citizens receive proper encouragement and direction from + Government. +</p> +<p> + True wisdom would nevertheless seem to dictate the necessity of placing + in perfect condition those fortifications which are designed for the + protection of our principal cities and roadsteads. For the defense of + our extended maritime coast our chief reliance should be placed on + our Navy, aided by those inventions which are destined to recommend + themselves to public adoption, but no time should be lost in placing our + principal cities on the seaboard and the Lakes in a state of entire + security from foreign assault. Separated as we are from the countries of + the Old World, and in much unaffected by their policy, we are happily + relieved from the necessity of maintaining large standing armies in + times of peace. The policy which was adopted by Mr. Monroe shortly after + the conclusion of the late war with Great Britain of preserving a + regularly organized staff sufficient for the command of a large military + force should a necessity for one arise is founded as well in economy as + in true wisdom. Provision is thus made, upon filling up the rank and + file, which can readily be done on any emergency, for the introduction + of a system of discipline both promptly and efficiently. All that is + required in time of peace is to maintain a sufficient number of men + to guard our fortifications, to meet any sudden contingency, and to + encounter the first shock of war. Our chief reliance must be placed on + the militia; they constitute the great body of national guards, and, + inspired by an ardent love of country, will be found ready at all times + and at all seasons to repair with alacrity to its defense. It will be + regarded by Congress, I doubt not, at a suitable time as one of its + highest duties to attend to their complete organization and discipline. +</p> +<p> + The state of the navy pension fund requires the immediate attention of + Congress. By the operation of the act of the 3d of March, 1837, entitled + "An act for the more equitable administration of the navy pension fund," + that fund has been exhausted. It will be seen from the accompanying + report of the Commissioner of Pensions that there will be required for + the payment of navy pensions on the 1st of July next $88,706.06-1/3, and + on the 1st of January, 1842, the sum of $69,000. In addition to these + sums, about $6,000 will be required to pay arrears of pensions which + will probably be allowed between the 1st of July and the 1st of January, + 1842, making in the whole $163,706.06-1/3. To meet these payments there + is within the control of the Department the sum of $28,040, leaving a + deficiency of $139,666.06-1/3. The public faith requires that immediate + provision should be made for the payment of these sums. +</p> +<p> + In order to introduce into the Navy a desirable efficiency, a new system + of accountability may be found to be indispensably necessary. To mature + a plan having for its object the accomplishment of an end so important + and to meet the just expectations of the country require more time than + has yet been allowed to the Secretary at the head of the Department. The + hope is indulged that by the time of your next regular session measures + of importance in connection with this branch of the public service may + be matured for your consideration. +</p> +<p> + Although the laws regulating the Post-Office Department only require + from the officer charged with its direction to report at the usual + annual session of Congress, the Postmaster-General has presented to me + some facts connected with the financial condition of the Department + which are deemed worthy the attention of Congress. By the accompanying + report of that officer it appears the existing liabilities of that + Department beyond the means of payment at its command can not be less + than $500,000. As the laws organizing that branch of the public service + confine the expenditure to its own revenues, deficiencies therein + can not be presented under the usual estimates for the expenses of + Government. It must therefore be left to Congress to determine whether + the moneys now due the contractors shall be paid from the public + Treasury or whether that Department shall continue under its present + embarrassments. It will be seen by the report of the Postmaster-General + that the recent lettings of contracts in several of the States have been + made at such reduced rates of compensation as to encourage the belief + that if the Department was relieved from existing difficulties its + future operations might be conducted without any further call upon the + general Treasury. +</p> +<p> + The power of appointing to office is one of a character the most + delicate and responsible. The appointing power is evermore exposed to be + led into error. With anxious solicitude to select the most trustworthy + for official station, I can not be supposed to possess a personal + knowledge of the qualifications of every applicant. I deem it, + therefore, proper in this most public manner to invite on the part of + the Senate a just scrutiny into the character and pretensions of every + person I may bring to their notice in the regular form of a nomination + for office. Unless persons every way trustworthy are employed in the + public service, corruption and irregularity will inevitably follow. + I shall with the greatest cheerfulness acquiesce in the decision of + that body, and, regarding it as wisely constituted to aid the executive + department in the performance of this delicate duty, I shall look to its + "consent and advice" as given only in furtherance of the best interests + of the country. I shall also at the earliest proper occasion invite the + attention of Congress to such measures as in my judgment will be best + calculated to regulate and control the Executive power in reference to + this vitally important subject. +</p> +<p> + I shall also at the proper season invite your attention to the + statutory enactments for the suppression of the slave trade, which may + require to be rendered more efficient in their provisions. There is + reason to believe that the traffic is on the increase. Whether such + increase is to be ascribed to the abolition of slave labor in the + British possessions in our vicinity and an attendant diminution in the + supply of those articles which enter into the general consumption of + the world, thereby augmenting the demand from other quarters, and thus + calling for additional labor, it were needless to inquire. The highest + considerations of public honor as well as the strongest promptings of + humanity require a resort to the most vigorous efforts to suppress the + trade. +</p> +<p> + In conclusion I beg to invite your particular attention to the interests + of this District; nor do I doubt but that in a liberal spirit of + legislation you will seek to advance its commercial as well as its local + interests. Should Congress deem it to be its duty to repeal the existing + subtreasury law, the necessity of providing a suitable place of deposit + of the public moneys which may be required within the District must be + apparent to all. +</p> +<p> + I have felt it due to the country to present the foregoing topics to + your consideration and reflection. Others with which it might not seem + proper to trouble you at an extraordinary session will be laid before + you at a future day. I am happy in committing the important affairs of + the country into your hands. The tendency of public sentiment, I am + pleased to believe, is toward the adoption, in a spirit of union and + harmony, of such measures as will fortify the public interests. To + cherish such a tendency of public opinion is the task of an elevated + patriotism. That differences of opinion as to the means of accomplishing + these desirable objects should exist is reasonably to be expected. Nor + can all be made satisfied with any system of measures; but I flatter + myself with the hope that the great body of the people will readily + unite in support of those whose efforts spring from a disinterested + desire to promote their happiness, to preserve the Federal and State + Governments within their respective orbits; to cultivate peace with + all the nations of the earth on just and honorable grounds; to exact + obedience to the laws; to intrench liberty and property in full + security; and, consulting the most rigid economy, to abolish all + useless expenses. +</p> +<p class="r"> + JOHN TYLER. +</p> +<a name="2H_4_0004"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + CITY OF WASHINGTON, <i>June 2, 1841</i>. +</p> +<p> + <i>To the Senate and House of Representatives</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 power 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"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 17, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i> +</p> +<p> + I transmit to the Senate the inclosed communication<a href="#note-1"><small>1</small></a> from the + Secretary of State, in answer to a resolution of the Senate of the 12th + instant. +</p> + +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>June 17, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate the inclosed communication from the Secretary + of State, in answer to a resolution of the Senate of the 12th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + DEPARTMENT OF STATE, <i>June 15, 1841</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + SIR: In answer to the resolution of the Senate of the 12th instant, + calling for "any orders which may have been issued to the officers of + the Army and Navy in relation to political offenses in elections," etc., + I inclose a copy of the circular letter addressed, under the direction + of the President, by this Department to the heads of the other + Departments, and know of no other order to which the resolution can be + supposed to have reference. +</p> +<p> + I have the honor to be, your obedient servant, +</p> +<p class="r"> + DANIEL WEBSTER. +</p> +<center> + CIRCULAR. +</center> +<p class="r"> + DEPARTMENT OF STATE, <i>March 20, 1841</i>. +</p> +<p> + SIR: The President is of opinion that it is a great abuse to bring the + patronage of the General Government into conflict with the freedom of + elections, and that this abuse ought to be corrected wherever it may + have been permitted to exist, and to be prevented for the future. +</p> +<p> + He therefore directs that information be given to all officers and + agents in your department of the public service that partisan + interference in popular elections, whether of State officers or officers + of this Government, and for whomsoever or against whomsoever it may be + exercised, or the payment of any contribution or assessment on salaries, + or official compensation for party or election purposes, will be + regarded by him as cause of removal. +</p> +<p> + It is not intended that any officer shall be restrained in the free and + proper expression and maintenance of his opinions respecting public men + or public measures, or in the exercise to the fullest degree of the + constitutional right of suffrage. But persons employed under the + Government and paid for their services out of the public Treasury are + not expected to take an active or officious part in attempts to + influence the minds or votes of others, such conduct being deemed + inconsistent with the spirit of the Constitution and the duties of + public agents acting under it; and the President is resolved, so far as + depends upon him, that while the exercise of the elective franchise by + the people shall be free from undue influences of official station and + authority, opinion shall also be free among the officers and agents of + the Government. +</p> +<p> + The President wishes it further to be announced and distinctly + understood that from all collecting and disbursing officers promptitude + in rendering accounts and entire punctuality in paying balances will be + rigorously exacted. In his opinion it is time to return in this respect + to the early practice of the Government, and to hold any degree of + delinquency on the part of those intrusted with the public money just + cause of immediate removal. He deems the severe observance of this rule + to be essential to the public service, as every dollar lost to the + Treasury by unfaithfulness in office creates a necessity for a new + charge upon the people. +</p> +<p> + I have the honor to be, sir, your obedient servant, +</p> +<p class="r"> + DANIEL WEBSTER. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>June 18, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a report from the Secretary of the Navy, with + accompanying documents,<a href="#note-2"><small>2</small></a> in answer to their resolution of the 12th + instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have the honor to transmit to the Senate the accompanying letter<a href="#note-3"><small>3</small></a> + from the Secretary of the Treasury, in pursuance of its resolution of the + 8th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 22, 1841</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I have the honor to submit the accompanying correspondence between + myself and the Hon. J. Burnet, J.C. Wright, and others, who arrived + some days ago in this city as a committee on behalf of the people of + Cincinnati for the purpose, with the assent of the family, of removing + the remains of the late President of the United States to North Bend for + interment. I have thought it to be my duty thus to apprise Congress of + the contemplated proceedings. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, <i>June 16, 1841</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + DEAR SIR: The undersigned were appointed by the citizens and the + city council of Cincinnati and by many of the surviving soldiers + of the late war to apply to the widow and family of our distinguished + fellow-citizen, the late President of the United States, for permission + to remove his remains from the city of Washington to the State of Ohio + for interment. They have made the application directed, and have + received permission to perform that sacred trust. They have now the + honor of reporting to you their arrival in this city, and of asking your + approbation of the measure contemplated and your cooperation in carrying + it into effect. +</p> +<p> + We are fully aware of the high estimate you placed on the talents and + virtues of our lamented friend and fellow-citizen, the late Chief + Magistrate of the Union, whose friendship and confidence you possessed + many years. We saw the tear fall from your eye and mingle with the tears + of the nation when the inscrutable will of Heaven removed him from us. +</p> +<p> + Knowing these things, we approach you with confidence, well assured that + you will justly appreciate our motive for undertaking the mournful duty + we have been deputed to perform, and that the same kind feeling which + has marked your course through life will prompt you on this occasion to + afford us your countenance, and, if necessary, your cooperation. +</p> +<p> + If it meet your approbation, the committee will do themselves the honor + of waiting upon you at the President's house at any hour you may please + to designate. +</p> +<p> + With high respect, we are, your friends and fellow-citizens, +</p> +<p class="r"> +J. BURNET.<br> + J.C. WRIGHT.<br> + [AND 10 OTHERS.] +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 17, 1841</i>. +</p> +<p> + J. BURNET, J.C. WRIGHT, AND OTHERS OF THE COMMITTEE. +</p> +<p> + GENTLEMEN: Your letter of the 16th was duly handed me, and I lose + no time in responding to the feelings and sentiments which you have + expressed for yourselves and those you represent, and which you have + correctly ascribed to me in regard to the lamented death of the late + President. As a citizen I respected him; as a patriot I honored him; + as a friend he was near and dear to me. That the people of Cincinnati + should desire to keep watch over his remains by entombing them near + their city is both natural and becoming; that the entire West, where so + many evidences of his public usefulness are to be found, should unite in + the same wish was to have been expected; and that the surviving soldiers + of his many battles, led on by him to victory and to glory, should sigh + to perform the last melancholy duties to the remains of their old + commander is fully in consonance with the promptings of a noble and + generous sympathy. I could not, if I was authorized to do so, oppose + myself to their wishes. I might find something to urge on behalf of his + native State in my knowledge of his continued attachment to her through + the whole period of his useful life; in the claims of his relatives + there, whose desire it would be that the mortal remains of the + illustrious son should sleep under the same turf with those of his + distinguished father, one of the signers of the Declaration of + Independence; in the wish of the citizens of his native county to claim + all that is now left of him for whom they so lately cast their almost + unanimous suffrage; to say nothing of my own feelings, allied as I am + by blood to many of his near relatives, and with our names so closely + associated in much connected with the late exciting political contest. + These considerations might present some reasonable ground for opposing + your wishes; but the assent which has been given by his respected widow + and nearest relatives to the request of the people of Cincinnati admits + of no opposition on my part, neither in my individual nor official + character. +</p> +<p> + I shall feel it to be my duty, however, to submit our correspondence to + the two Houses of Congress, now in session, but anticipating no effort + from that quarter to thwart the wishes expressed by yourselves in + consonance with those of the widow and nearest relatives of the late + President. I readily promise you my cooperation toward enabling you to + fulfill the sacred trust which brought you to this city. +</p> +<p> + I tender to each of you, gentlemen, my cordial salutations. +</p> +<p class="r"> JOHN TYLER.</p> +<center> + [NOTE.—The remains of the late President of the United States were + removed from Washington to North Bend, Ohio, June 26, 1841.] +</center> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 29, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 14th instant, I + have the honor to submit the accompanying reports from the Secretary of + State and Secretary of the Treasury, which embrace all the information + possessed by the executive department upon that subject.<a href="#note-4"><small>4</small></a> +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 30, 1841</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + The accompanying memorial in favor of the passage of a bankrupt law, + signed by nearly 3,000 of the inhabitants of the city of New York, has + been forwarded to me, attended by a request that I would submit it to + the consideration of Congress. I can not waive a compliance with a + request urged upon me by so large and respectable a number of my + fellow-citizens. That a bankrupt law, carefully guarded against + fraudulent practices and embracing as far as practicable all classes of + society—the failure to do which has heretofore constituted a prominent + objection to the measure—would afford extensive relief I do not doubt. + The distress incident to the derangements of some years past has visited + large numbers of our fellow-citizens with hopeless insolvency, whose + energies, both mental and physical, by reason of the load of debt + pressing upon them, are lost to the country. Whether Congress shall deem + it proper to enter upon the consideration of this subject at its present + extraordinary session it will doubtless wisely determine. I have + fulfilled my duty to the memorialists in submitting their petition to + your consideration. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>July 1, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have the honor herewith to submit to the Senate the copy of a letter + addressed by myself to Mrs. Harrison in compliance with the resolutions + of Congress, and her reply thereto. +</p> +<p class="r"> JOHN TYLER.</p> +<center> + [The same message was sent to the House of Representatives.] +</center> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 13, 1841</i>. +</p> +<p> + Mrs. ANNA HARRISON. +</p> +<p> + MY DEAR MADAM: The accompanying resolutions, adopted by the Senate and + House of Representatives of the United States, will convey to you an + expression of the deep sympathy felt by the representatives of the + States and of the people in the sad bereavement which yourself and the + country have sustained in the death of your illustrious husband. It + may now be justly considered that the public archives constitute his + enduring monument, on which are inscribed in characters not to be + effaced the proudest evidences of public gratitude for services rendered + and of sorrow for his death. A great and united people shed their tears + over the bier of a devoted patriot and distinguished public benefactor. +</p> +<p> + In conveying to you, my dear madam, the profound respect of the two + Houses of Congress for your person and character, and their sincere + condolence on the late afflicting dispensation of Providence, permit me + to mingle my feelings with theirs and to tender you my fervent wishes + for your health, happiness, and long life. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p> + A RESOLUTION manifesting the sensibility of Congress upon the event + of the death of William Henry Harrison, late President of the United + States. +</p> +<p> + The melancholy event of the death of William Henry Harrison, the late + President of the United States, having occurred during the recess of + Congress, and the two Houses sharing in the general grief and desiring + to manifest their sensibility upon the occasion of that public + bereavement: Therefore, +</p> +<p> + <i>Resolved by the Senate and House of Representatives of the United + States of America in Congress assembled</i>, That the chairs of the + President of the Senate and of the Speaker of the House of + Representatives be shrouded in black during the residue of the session, + and that the President <i>pro tempore</i> of the Senate, the Speaker of the + House of Representatives, and the members and officers of both Houses + wear the usual badge of mourning for thirty days. +</p> +<p> + <i>Resolved</i>, That the President of the United States be requested to + transmit a copy of these resolutions to Mrs. Harrison, and to assure her + of the profound respect of the two Houses of Congress for her person and + character, and of their sincere condolence on the late afflicting + dispensation of Providence. +</p> +<p> </p><p> </p> +<p class="r"> + NORTH BEND, <i>June 24, 1841</i>. +</p> +<p> + His Excellency JOHN TYLER, +<br> + <i>President United States, Washington City, D.C.</i> +</p> +<p> + DEAR SIR: I have received with sentiments of deep emotion the + resolutions of the Senate and House of Representatives which you have + done me the honor of forwarding, relative to the decease of my lamented + husband. +</p> +<p> + I can not sufficiently express the thanks I owe to the nation and its + assembled representatives for their condolence, so feelingly expressed, + of my individual calamity and the national bereavement; but, mingling my + tears with the sighs of the many patriots of the land, pray to Heaven + for the enduring happiness and prosperity of our beloved country. +</p> +<p class="r"> + ANNA HARRISON. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 3, 1841</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 instant + [ultimo], I communicate to that body a report from the Secretary of + State, conveying copies of the correspondence,<a href="#note-5"><small>5</small></a> which contains all the + information called for by said resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 9, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit a report from the Secretary of State, in answer to the + resolution of the Senate of the 2d instant, calling for information as + to the progress and actual condition of the commission<a href="#note-6"><small>6</small></a> under the + convention with the Mexican Republic. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July, 14, 1841</i>. +</p> +<p> + <i>To the Speaker and Members of the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of the + 21st ultimo, I have the honor to submit the accompanying communication<a href="#note-7"><small>7</small></a> + from the Secretary of State. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 16, 1841</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith transmit to the House of Representatives, in reply to their + resolution of the 21st ultimo, a report<a href="#note-8"><small>8</small></a> from the Secretary of State, + with accompanying papers. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>July 19, 1841</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + The act of Congress of the 10th of March, 1838, entitled "An act + supplementary to an act entitled 'An act in addition to the act for the + punishment of certain crimes against the United States and to repeal the + acts therein mentioned,' approved 20th of April, 1818," expired by its + own limitation on the 10th of March, 1840. The object of this act was to + make further provision for preventing military expeditions or + enterprises against the territory or dominions of any prince or state or + of any colony, district, or people conterminous with the United States + and with whom they are at peace, contrary to the act of April 20, 1818, + entitled "An act in addition to the act for the punishment of certain + crimes against the United States and to repeal the acts therein + mentioned." +</p> +<p> + The act of Congress of March 10, 1838, appears to have had a very + salutary effect, and it is respectfully recommended to Congress that it + be now revived or its provisions be reenacted. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>July 27, 1841</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith to Congress a communication from the Secretary of + State, on the subject of appropriations required for outfits and + salaries of diplomatic agents of the United States. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>August 2, 1841</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + On the 18th of February, 1832, the House of Representatives adopted a + resolution in the following words: +</p> +<p> + <i>Resolved</i>, That the President of the United States be authorized to + employ Horatio Greenough, of Massachusetts, to execute in marble a + full-length pedestrian statue of Washington, to be placed in the center + of the Rotunda of the Capitol; the head to be a copy of Houdon's + Washington, and the accessories to be left to the judgment of the + artist. +</p> +<p> + On the 23d of the same month the Secretary of State, by direction of + the President, addressed to Mr. Greenough a letter of instructions for + carrying into effect the resolution of the House. +</p> +<p> + On the 14th of July, 1832, an appropriation of the sum of $5,000 was + made "to enable the President of the United States to contract with + a skillful artist to execute in marble a pedestrian statue of George + Washington, to be placed in the center of the Rotunda of the Capitol," + and several appropriations were made at the succeeding sessions in + furtherance of the same object. +</p> +<p> + Mr. Greenough, having been employed upon the work for several years at + Florence, completed it some months ago. +</p> +<p> + By a resolution of Congress of the 27th of May, 1840, it was directed + "that the Secretary of the Navy be authorized and instructed to take + measures for the importation and erection of the statue of Washington + by Greenough." In pursuance of this authority the Navy Department held + a correspondence with Commodore Hull, commanding on the Mediterranean + station, who entered into an agreement with the owners or master of the + ship <i>Sea</i> for the transportation of the statue to the United States. + This ship, with the statue on board, arrived in this city on the 31st + ultimo, and now lies at the navy-yard. +</p> +<p> + As appropriations have become necessary for the payment of the freight + and other expenses, I communicate to Congress such papers as may enable + it to judge of the amount required. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + AUGUST 3, 1841. +</p> +<p> + Hon. JOHN WHITE, +<br> + <i>Speaker of the House of Representatives</i>. +</p> +<p> + SIR: I herewith transmit a communication<a href="#note-9"><small>9</small></a> received from the + Postmaster-General, to which I would invite the attention of Congress. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + AUGUST 3, 1841. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith transmit a report from the Secretary of the Treasury, to whom + I referred the resolution of the House calling for a communication<a href="#note-10"><small>10</small></a> + addressed to him by the French minister. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>August 6, 1841</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of the + 16th of July, 1841, I communicate reports<a href="#note-11"><small>11</small></a> from the several Executive + Departments, containing the information requested by said resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>August 25, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate, in pursuance of their resolution of + the 22d ultimo, copies of the several reports of the commissioners + appointed in March last to examine into certain matters connected with + the public buildings in this city and the conduct of those employed in + their erection. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>August 27, 1841</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of the Treasury, bearing + date this day, with the accompanying papers, in answer to the resolution + of the House of Representatives of the 16th ultimo, relative to removals + from office, etc. +</p> +<p> + These statements should have accompanied those from the other + Departments on the same subject transmitted in my message to the House + on the 7th ultimo,<a href="#note-12"><small>12</small></a> but which have been delayed for reasons stated in + the letter of the Secretary of the Treasury above referred to. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>September 1, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit to the Senate, for its consideration and constitutional action, + a treaty concluded at Oeyoowasha, on Minneesota (or St. Peters) River, + in the Territory of Iowa, on the 31st day of July last, between James + Duane Doty, commissioner on the part of the United States, and the + Seeseeahto, Wofpato, and Wofpakoota bands of the Dakota (or Sioux) + Nation of Indians. +</p> +<p> + The accompanying communication from the Secretary of War fully sets + forth the considerations which have called for the negotiation of this + treaty, and which have induced me to recommend its confirmation, with + such exceptions and modifications as the Senate may advise. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + DEPARTMENT OF WAR, <i>August 31, 1841</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: I transmit herewith a treaty concluded with certain bands of + the Dahcota Nation of Indians, commonly called Sioux, which has been + received at this Department from His Excellency James D. Doty, governor + of Wisconsin, who was appointed a commissioner on the part of the United + States for the purpose of negotiating the treaty; and I desire to submit + the following facts and opinions inducing me to request its favorable + consideration: +</p> +<p> + It was known on my entering upon the duties of the Department of War + that some provision must speedily be made for the Winnebago Indians in + the Northwest. By the treaty with those Indians in 1837 it was provided + that they should move temporarily upon a narrow strip of country west of + the Mississippi River, called the neutral ground, from the object of its + purchase in 1830. That strip of country is only 40 miles in width, 20 + miles of it having been purchased from the Sac and Fox Indians and 20 + miles from the Sioux, the object of the purchase having been to place a + barrier between those tribes, which had been for many years at war and + parties of which were continually meeting and destroying each other upon + or adjacent to the country purchased. +</p> +<p> + When the delegation of Winnebago chiefs was in Washington negotiating + a sale of all their lands east of the Mississippi River, in 1837, a + permanent location for those Indians was not fixed upon, and a temporary + expedient was adopted, and acceded to by the Indians, by which they + agreed, within eight months from the ratification of the treaty, to move + upon and occupy a portion of the neutral ground until they should select + a permanent home. +</p> +<p> + Owing to the small extent of country thus temporarily assigned to the + Winnebagoes, utterly destitute of all preparation for the reception of + them, slenderly supplied with game, and, above all, the circumstance + that the Sac and Fox Indians were continually at war with the Sioux, + the object of the purchase having utterly failed, the neutral ground, + so called, proving literally the fighting ground of the hostile + tribes—owing to all these circumstances the Winnebagoes were extremely + reluctant to comply with the treaty. It was in part a dictate of + humanity to give them more time for removal than that allotted in the + treaty, in the hope of effecting their permanent removal beyond the + Missouri or elsewhere; but as no steps were taken to select their future + home, and as the white settlers in Wisconsin were fast crowding upon the + Indians, overrunning the country, as usual, in search of town sites, + water privileges, and farming districts, it became absolutely necessary + to make some efforts toward carrying the treaty into effect. Owing to + the excited state of the Indians and the apprehension of disturbance, + the Eighth Regiment of Infantry, in 1840, more than two years, instead + of eight months, after the ratification of the treaty, was ordered upon + the Winnebago frontier, the greater part of the Fifth Regiment being + already there, and in the presence of that force the Indians were + required to comply with the treaty. They reluctantly removed from the + banks of the Wisconsin River and crossed the Mississippi, but did not + go to that portion of the neutral ground agreed upon, which commenced + 20 miles from the river, but instead of it they spread themselves along + the bank of the Mississippi, some of them recrossing that river and + ascending the Chippewa and Black rivers. Only a small portion of the + tribe has yet removed to the portion of the neutral ground assigned to + them, and it is perhaps fortunate that local attachments have not been + formed, since, from the position of the country, it was not and never + could have been intended as their permanent home. +</p> +<p> + After a careful examination of the country in the Northwest the + importance of providing for the Winnebago Indians, though immediate, + became secondary in a more national and wider prospect of benefits in + future years by arrangements which presented themselves to my mind as + not only practicable, but of easy accomplishment. +</p> +<p> + A glance at the map and at the efforts hitherto made in emigration will + show an extensive body of Indians accumulated upon the Southwestern + frontier, and, looking to the numbers yet to be emigrated from within + the circle of territory soon to become States of the American Union, it + will appear upon very many considerations to be of the utmost importance + to separate the Indians and to interpose a barrier between the masses + which are destined to be placed upon the western frontier, instead of + accumulating them within limits enabling them to unite and in concert + spread desolation over the States of Missouri and Arkansas to, perhaps, + the banks of the Mississippi. +</p> +<p> + Entertaining these views, it was determined to open negotiations with + the Sioux Indians north and northwest of the purchase of 1830, the + neutral ground, so called, with the purpose of purchasing sufficient + territory beyond the reasonable limits of Iowa to provide a resting + place for the Winnebagoes, intending to treat also with the Sac and Fox + Indians and with the Potawatamies north of the State of Missouri, and + thus enable our citizens to expand west of the Missouri River north of + the State. +</p> +<p> + It is difficult to state in a condensed report all the reasons now + imperatively urging the adoption of these measures. Besides the absolute + necessity of providing a home for the Winnebagoes, the citizens of Iowa + and of Missouri are crowding upon the territory of the Sac and Fox + Indians and already producing those irritations which in former times + have led to bloody wars. It is not to be for a moment concealed that our + enterprising and hardy population must and will occupy the territory + adjacent to that purchased in 1837 from the Sacs and Foxes, and the only + possible mode of its being done in peace is by another purchase from + those Indians. But the position of the Potawatamies will then become + relatively what that of the Sac and Fox Indians now is, with the + difference that access to their country by the Missouri River will + hasten its occupancy by our people. The only mode of guarding against + future collision, near at hand if not provided against, is by emigrating + not only the Sac and Fox Indians, but also the Potawatamies. +</p> +<p> + Great efforts have been made to induce those Indians, as also the + Winnebagoes, to move south of the Missouri, but without effect, their + opposition to it being apparently insurmountable, the Potawatamies + expressing the most decided aversion to it on being urged to join other + bands of Potawatamies on the Marais de Cygne, declaring that they would + rather at once go to California, being determined not to unite with + those bands, but to maintain an independence of them. By the purchase + from the Sioux no doubt is entertained that their prejudices may be + advantageously accommodated, for among the objects in contemplation + before adverted to it is to my mind of primary importance so to dispose + of those Indians as to enable this Government to interpose a State + between the Northern and Southern Indians along the Missouri River, + and thus, by dividing the Indians on the frontier and separating the + divisions, prevent a combination and concert of action which future + progress in civilization might otherwise enable them to effect in the + prosecution of revenge for real or imagined grievances. +</p> +<p> + Great importance is attached to this view of the subject, but scarcely + less to the means provided by the treaty for inducing the remnants of + other Northern tribes to remove to a climate congenial to their habits + and disposition. +</p> +<p> + From the earliest efforts at emigration certain Northern Indians have + strenuously objected to a removal south of the Missouri on account + of the climate; and where tribes have been induced to dispose of all + right to live east of the Mississippi within the United States, many + individuals, dreading their southern destination, have wandered to the + north and are now living in Canada, annually in the receipt of presents + from the British Government, and will be ready without doubt to side + with that power in any future conflict with this Government. In this + manner considerable numbers of the Delawares and Shawnees and other + Indians have disappeared from our settlements—a fact of great + importance, and which I apprehend has not been heretofore sufficiently + considered. There are many Potawatamies and Ottawas, as also Winnebagoes + and Menomonees, who may be easily induced to move into Canada by + seductive bribes, in the use of which the British Government has always + displayed a remarkable foresight. +</p> +<p> + Of the Chippewas and Ottawas now in the northern part of Michigan + it is believed there are over 5,000 under treaty obligations to remove + to the Southwest, the greater portion of whom openly declared their + determination to cross the line into Canada and put themselves under + the protection of the British Government in preference to a removal + to that country. These Indians may be accommodated by the arrangements + in contemplation, not only to their own satisfaction, but under + circumstances promising the greatest permanent advantages to the + United States, and separating them from all inducements and even the + possibility of entering the British service. I am not without hope, + also, that through this treaty some suitable and acceptable arrangement + may be made with the New York Indians by which they may be removed with + safety to themselves and benefit to the people of that State. The very + peculiar situation of these Indians is well known; that while they are + under treaty obligation to remove, the treaty being by the Constitution + the supreme law of the land and perfecting in this instance the title + of the land they occupy in a private land company, there is yet every + reason to sympathize with them and the highest moral inducements for + extending every possible relief to them within the legitimate powers of + the Government. I have been assured from sources entitled to my fullest + confidence that although these Indians have hitherto expressed the most + decided aversion to a removal south of the Missouri, there will probably + be no difficulty in persuading them to occupy a more northern region in + the West. I have every reason for believing that a benevolent interest + in their behalf among a portion of our own people, which, it is + supposed, has heretofore presented an obstacle to their emigration, will + be exerted to effect their removal if a portion of the Sioux country can + be appropriated to them. +</p> +<p> + It will be perceived, therefore, that a multitude of objects thus rest + upon the success of this one treaty, now submitted for examination and + approbation. +</p> +<p> + Of the Sioux Indians I will but remark that they occupy an immense + country spreading from the Mississippi north of the neutral ground west + and northwest, crossing the Missouri River more than 1,200 miles above + the city of St. Louis. They are divided into bands, which have various + names, the generic name for the whole being the Dahcota Nation. These + bands, though speaking a common language, are independent in their + occupancy of portions of country, and separate treaties may be made with + them. Treaties are already subsisting with some of the bands both on the + Mississippi and Missouri. The treaty now submitted is believed to be + advantageous, and from its provisions contemplates the reduction of + those wandering Indians from their nomadic habits to those of an + agricultural people. +</p> +<p> + If some of the provisions seem not such as might be desired, it will be + recollected that many interests have to be accommodated in framing an + Indian treaty which can only be fully known to the commissioner, who + derives his information directly from the Indians in the country which + is the object of the purchase. +</p> +<p> + It is proper to add that I had instructed the commissioner expressly not + to take into consideration what are called traders' claims, in the hope + of correcting a practice which, it is believed, has been attended with + mischievous consequences; but the commissioner has by a letter of + explanations fully satisfied me that in this instance it was absolutely + necessary to accommodate those claims as an indispensable means of + obtaining the assent of the Indians to the treaty. This results, + doubtless, from their dependence upon the traders for articles, in a + measure necessaries, which are for the most part furnished without + competition, and of the proper value of which the Indians are ignorant. +</p> +<p> + To compensate in some degree for the article in this treaty providing + for the payment of traders' claims, very judicious guards are introduced + into the treaty, calculated effectually to exclude that source of + interest adverse to the Government in all future time within the + purchase under this treaty. +</p> +<p> + There are other articles in the treaty which I have not been able fully + to realize as judicious or necessary, but for reasons already stated + they deserve respectful consideration. +</p> +<p> + Notwithstanding the article stipulating that a rejection of any of the + provisions of the treaty should render the whole null and void, I would + respectfully recommend such modified acceptance of the treaty as in the + wisdom of the Senate may seem just and proper, conditioned upon the + assent of the Indians subsequently to be obtained, the Senate making + provision for its reference back to the Indians if necessary. +</p> +<p> + It will be seen that the treaty provides for a power of regulation in + the Indian Territory by the United States Government under circumstances + not hitherto attempted, presenting an opportunity for an experiment well + worthy of mature consideration. +</p> +<p> + I ought not to dismiss this subject without adverting to one other + important consideration connected with the integrity of our Northwest + Indians and Territory. The Sioux treaty will effectually withdraw from + British influence all those who are a party to it by making them + stipendiaries of the United States and by operating a change in their + wandering habits and establishing them at known and fixed points under + the observation of Government agents, and as the British can only have + access to that region by the way of Fond du Lac, one or two small + military posts in a direction west and south from that point, it is + believed, will completely control all intercourse with the Indians in + that section of country. +</p> +<p> + Very respectfully, your obedient servant, +</p> +<p class="r"> + JNO. BELL. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>September 6, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have the honor, in compliance with the resolution of the Senate of the + 8th June, to communicate a letter<a href="#note-13"><small>13</small></a> from the Secretary of the Treasury + and the correspondence accompanying it. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>September 13, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 14th July last, + I communicate to the Senate a report from the Secretary of State, + accompanied by copies of the correspondence<a href="#note-14"><small>14</small></a> called for by said + resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<a name="2H_4_0005"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>August 16, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The bill entitled "An act to incorporate the subscribers to the Fiscal + Bank of the United States," which originated in the Senate, has been + considered by me with a sincere desire to conform my action in regard + to it to that of the two Houses of Congress. By the Constitution it + is made my duty either to approve the bill by signing it or to return + it with my objections to the House in which it originated. I can not + conscientiously give it my approval, and I proceed to discharge the duty + required of me by the Constitution—to give my reasons for disapproving. +</p> +<p> + The power of Congress to create a national bank to operate <i>per se</i> + over the Union has been a question of dispute from the origin of the + Government. Men most justly and deservedly esteemed for their high + intellectual endowments, their virtue, and their patriotism have in + regard to it entertained different and conflicting opinions; Congresses + have differed; the approval of one President has been followed by the + disapproval of another; the people at different times have acquiesced in + decisions both for and against. The country has been and still is deeply + agitated by this unsettled question. It will suffice for me to say that + my own opinion has been uniformly proclaimed to be against the exercise + of any such power by this Government. On all suitable occasions during + a period of twenty-five years the opinion thus entertained has been + unreservedly expressed. I declared it in the legislature of my native + State; in the House of Representatives of the United States it has been + openly vindicated by me; in the Senate Chamber, in the presence and + hearing of many who are at this time members of that body, it has been + affirmed and reaffirmed in speeches and reports there made and by votes + there recorded; in popular assemblies I have unhesitatingly announced + it, and the last public declaration which I made—and that but a short + time before the late Presidential election—I referred to my previously + expressed opinions as being those then entertained by me. With a full + knowledge of the opinions thus entertained and never concealed, I was + elected by the people Vice-President of the United States. By the + occurrence of a contingency provided for in the Constitution and arising + under an impressive dispensation of Providence I succeeded to the + Presidential office. Before entering upon the duties of that office + I took an oath that I would "preserve, protect, and defend the + Constitution of the United States." Entertaining the opinions alluded + to and having taken this oath, the Senate and the country will see that + I could not give my sanction to a measure of the character described + without surrendering all claim to the respect of honorable men, all + confidence on the part of the people, all self-respect, all regard for + moral and religious obligations, without an observance of which no + government can be prosperous and no people can be happy. It would be to + commit a crime which I would not willfully commit to gain any earthly + reward, and which would justly subject me to the ridicule and scorn of + all virtuous men. +</p> +<p> + I deem it entirely unnecessary at this time to enter upon the reasons + which have brought my mind to the convictions I feel and entertain on + this subject. They have been over and over again repeated. If some of + those who have preceded me in this high office have entertained and + avowed different opinions, I yield all confidence that their convictions + were sincere. I claim only to have the same measure meted out to myself. + Without going further into the argument, I will say that in looking to + the powers of this Government to collect, safely keep, and disburse the + public revenue, and incidentally to regulate the commerce and exchanges, + I have not been able to satisfy myself that the establishment by this + Government of a bank of discount in the ordinary acceptation of that + term was a necessary means or one demanded by propriety to execute those + powers. What can the local discounts of the bank have to do with the + collecting, safe-keeping, and disbursing of the revenue? So far as the + mere discounting of paper is concerned, it is quite immaterial to this + question whether the discount is obtained at a State bank or a United + States bank. They are both equally local, both beginning and both ending + in a local accommodation. What influence have local discounts granted by + any form of bank in the regulating of the currency and the exchanges? + Let the history of the late United States Bank aid us in answering this + inquiry. +</p> +<p> + For several years after the establishment of that institution it dealt + almost exclusively in local discounts, and during that period the + country was for the most part disappointed in the consequences + anticipated from its incorporation. A uniform currency was not provided, + exchanges were not regulated, and little or nothing was added to the + general circulation, and in 1820 its embarrassments had become so great + that the directors petitioned Congress to repeal that article of the + charter which made its notes receivable everywhere in payment of the + public dues. It had up to that period dealt to but a very small extent + in exchanges, either foreign or domestic, and as late as 1823 its + operations in that line amounted to a little more than $7,000,000 per + annum. A very rapid augmentation soon after occurred, and in 1833 its + dealings in the exchanges amounted to upward of $100,000,000, including + the sales of its own drafts; and all these immense transactions were + effected without the employment of extraordinary means. The currency of + the country became sound, and the negotiations in the exchanges were + carried on at the lowest possible rates. The circulation was increased + to more than $22,000,000 and the notes of the bank were regarded as + equal to specie all over the country, thus showing almost conclusively + that it was the capacity to deal in exchanges, and not in local + discounts, which furnished these facilities and advantages. It may be + remarked, too, that notwithstanding the immense transactions of the bank + in the purchase of exchange, the losses sustained were merely nominal, + while in the line of discounts the suspended debt was enormous and + proved most disastrous to the bank and the country. Its power of local + discount has in fact proved to be a fruitful source of favoritism and + corruption, alike destructive to the public morals and to the general + weal. +</p> +<p> + The capital invested in banks of discount in the United States, created + by the States, at this time exceeds $350,000,000, and if the discounting + of local paper could have produced any beneficial effects the United + States ought to possess the soundest currency in the world; but the + reverse is lamentably the fact. +</p> +<p> + Is the measure now under consideration of the objectionable character + to which I have alluded? It is clearly so unless by the sixteenth + fundamental article of the eleventh section it is made otherwise. That + article is in the following words: +</p> +<p class="q"> + The directors of the said corporation shall establish one competent + office of discount and deposit in any State in which two thousand shares + shall have been subscribed or may be held, whenever, upon application of + the legislature of such State, Congress may by law require the same. And + the said directors may also establish one or more competent offices of + discount and deposit in any Territory or District of the United States, + and in any State with the assent of such State, and when established the + said office or offices shall be only withdrawn or removed by the said + directors prior to the expiration of this charter with the previous + assent of Congress: <i>Provided</i>, In respect to any State which shall not, + at the first session of the legislature thereof held after the passage + of this act, by resolution or other usual legislative proceeding, + unconditionally assent or dissent to the establishment of such office + or offices within it, such assent of the said State shall be thereafter + presumed: <i>And provided, nevertheless</i>, That whenever it shall become + necessary and proper for carrying into execution any of the powers + granted by the Constitution to establish an office or offices in any of + the States whatever, and the establishment thereof shall be directed by + law, it shall be the duty of the said directors to establish such office + or offices accordingly. +</p> +<p> + It will be seen that by this clause the directors are invested with the + fullest power to establish a branch in any State which has yielded its + assent; and having once established such branch, it shall not afterwards + be withdrawn except by order of Congress. Such assent is to be <i>implied</i> + and to have the force and sanction of an actually expressed assent, + "provided, in respect to any State which shall not, at <i>the first + session</i> of the legislature thereof held after the passage of this act, + by <i>resolution</i> or <i>other usual legislative proceeding, unconditionally</i> + assent or dissent to the establishment of such office or offices within + it, such assent of said State shall be thereafter presumed." The assent + or dissent is to be expressed <i>unconditionally at the first session of + the legislature, by some formal legislative act;</i> and if not so + expressed its assent is to be <i>implied</i>, and the directors are thereupon + invested with power, at such time thereafter as they may please, to + establish branches, which can not afterwards be withdrawn except by + resolve of Congress. No matter what may be the cause which may operate + with the legislature, which either prevents it from speaking or + addresses itself to its wisdom, to induce delay, its assent is to be + implied. This iron rule is to give way to no circumstances; it is + unbending and inflexible. It is the language of the master to the + vassal; an unconditional answer is claimed forthwith, and delay, + postponement, or incapacity to answer produces an implied assent which + is ever after irrevocable. Many of the State elections have already + taken place without any knowledge on the part of the people that such a + question was to come up. The representatives may desire a submission of + the question to their constituents preparatory to final action upon it, + but this high privilege is denied; whatever may be the motives and views + entertained by the representatives of the people to induce delay, their + assent is to be presumed, and is ever afterwards binding unless their + dissent shall be unconditionally expressed at their first session after + the passage of this bill into a law. They may by formal resolution + declare the question of assent or dissent to be undecided and postponed, + and yet, in opposition to their express declaration to the contrary, + their assent is to be implied. Cases innumerable might be cited to + manifest the irrationality of such an inference. Let one or two in + addition suffice. The popular branch of the legislature may express its + dissent by an unanimous vote, and its resolution may be defeated by + a tie vote of the senate, and yet the assent is to be implied. Both + branches of the legislature may concur in a resolution of decided + dissent, and yet the governor may exert the <i>veto</i> power conferred on + him by the State constitution, and their legislative action be defeated, + and yet the assent of the legislative authority is implied, and the + directors of this contemplated institution are authorized to establish a + branch or branches in such State whenever they may find it conducive to + the interest of the stockholders to do so; and having once established + it they can under no circumstances withdraw it except by act of + Congress. The State may afterwards protest against such unjust + inference, but its authority is gone. Its assent is implied by its + failure or inability to act at its first session, and its voice can + never afterwards be heard. To inferences so violent and, as they seem to + me, irrational I can not yield my consent. No court of justice would + or could sanction them without reversing all that is established in + judicial proceeding by introducing presumptions at variance with fact + and inferences at the expense of reason. A State in a condition of + duress would be <i>presumed</i> to speak as an individual manacled and in + prison might be presumed to be in the enjoyment of freedom. Far better + to say to the States boldly and frankly, Congress wills and submission + is demanded. +</p> +<p> + It may be said that the directors may not establish branches under such + circumstances; but this is a question of power, and this bill invests + them with full authority to do so. If the legislature of New York or + Pennsylvania or any other State should be found to be in such condition + as I have supposed, could there be any security furnished against such a + step on the part of the directors? Nay, is it not fairly to be presumed + that this proviso was introduced for the sole purpose of meeting the + contingency referred to? Why else should it have been introduced? And + I submit to the Senate whether it can be believed that any State would + be likely to sit quietly down under such a state of things. In a great + measure of public interest their patriotism may be successfully appealed + to, but to infer their assent from circumstances at war with such + inference I can not but regard as calculated to excite a feeling at + fatal enmity with the peace and harmony of the country. I must therefore + regard this clause as asserting the power to be in Congress to establish + offices of discount in a State not only without its assent, but against + its dissent, and so regarding it I can not sanction it. On general + principles the right in Congress to prescribe terms to any State implies + a superiority of power and control, deprives the transaction of all + pretense to compact between them, and terminates, as we have seen, in + the total abrogation of freedom of action on the part of the States. + But, further, the State may express, after the most solemn form of + legislation, its dissent, which may from time to time thereafter be + repeated in full view of its own interest, which can never be separated + from the wise and beneficent operation of this Government, and yet + Congress may by virtue of the last proviso overrule its law, and upon + grounds which to such State will appear to rest on a constructive + necessity and propriety and nothing more. I regard the bill as asserting + for Congress the right to incorporate a United States bank with power + and right to establish offices of discount and deposit in the several + States of this Union with or without their consent—a principle to which + I have always heretofore been opposed and which can never obtain my + sanction; and waiving all other considerations growing out of its other + provisions, I return it to the House in which it originated with these + my objections to its approval. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>September 9, 1841</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + It is with extreme regret that I feel myself constrained by the duty + faithfully to execute the office of President of the United States + and to the best of my ability to "preserve, protect, and defend the + Constitution of the United States" to return to the House in which it + originated the bill "to provide for the better collection, safe-keeping, + and disbursement of the public revenue by means of a corporation to be + styled the Fiscal Corporation of the United States," with my written + objections. +</p> +<p> + In my message sent to the Senate on the 16th day of August last, + returning the bill "to incorporate the subscribers to the Fiscal Bank + of the United States," I distinctly declared that my own opinion had + been uniformly proclaimed to be against the exercise "of the power of + Congress to create a national bank to operate <i>per se</i> over the Union," + and, entertaining that opinion, my main objection to that bill was based + upon the highest moral and religious obligations of conscience and the + Constitution. I readily admit that whilst the qualified <i>veto</i> with + which the Chief Magistrate is invested should be regarded and was + intended by the wise men who made it a part of the Constitution as a + great conservative principle of our system, without the exercise of + which on important occasions a mere representative majority might urge + the Government in its legislation beyond the limits fixed by its framers + or might exert its just powers too hastily or oppressively, yet it is + a power which ought to be most cautiously exerted, and perhaps never + except in a case eminently involving the public interest or one in which + the oath of the President, acting under his convictions, both mental + and moral, imperiously requires its exercise. In such a case he has no + alternative. He must either exert the negative power intrusted to him + by the Constitution chiefly for its own preservation, protection, and + defense or commit an act of gross moral turpitude. Mere regard to the + will of a majority must not in a constitutional republic like ours + control this sacred and solemn duty of a sworn officer. The Constitution + itself I regard and cherish as the embodied and written will of the + whole people of the United States. It is their fixed and fundamental + law, which they unanimously prescribe to the public functionaries, their + mere trustees and servants. This <i>their</i> will and the law which <i>they</i> + have given us as the rule of our action have no guard, no guaranty of + preservation, protection, and defense, but the oaths which it prescribes + to the public officers, the sanctity with which they shall religiously + observe those oaths, and the patriotism with which the people shall + shield it by their own sovereign will, which has made the Constitution + supreme. It must be exerted against the will of a mere representative + majority or not at all. It is alone in pursuance of that will that any + measure can reach the President, and to say that because a majority + in Congress have passed a bill he should therefore sanction it is + to abrogate the power altogether and to render its insertion in the + Constitution a work of absolute supererogation. The duty is to guard the + fundamental will of the people themselves from (in this case; I admit, + unintentional) change or infraction by a majority in Congress; and in + that light alone do I regard the constitutional duty which I now most + reluctantly discharge. Is this bill now presented for my approval or + disapproval such a bill as I have already declared could not receive my + sanction? Is it such a bill as calls for the exercise of the negative + power under the Constitution? Does it violate the Constitution by + creating a national bank to operate <i>per se</i> over the Union? Its title, + in the first place, describes its general character. It is "an act to + provide for the better collection, safe-keeping, and disbursement of the + <i>public</i> revenue by means of a <i>corporation</i> to be styled the <i>Fiscal + Corporation</i> of the <i>United States</i>." In style, then, it is plainly + national in its character. Its powers, functions, and duties are those + which pertain to the <i>collecting, keeping</i>, and <i>disbursing</i> the + <i>public</i> revenue. The means by which these are to be exerted is a + <i>corporation</i> to be styled the <i>Fiscal</i> Corporation of the United + States. It is a corporation created by the Congress of the United + States, in its character of a national legislature for the whole + Union, to perform the <i>fiscal</i> purposes, meet the <i>fiscal</i> wants and + exigencies, supply the <i>fiscal</i> uses, and exert the <i>fiscal</i> agencies + of the Treasury of the United States. Such is its own description of + itself. Do its provisions contradict its title? They do not. It is true + that by its first section it provides that it shall be established in + the District of Columbia; but the amount of its capital, the manner + in which its stock is to be subscribed for and held, the persons and + bodies, corporate and politic, by whom its stock may be held, the + appointment of its directors and their powers and duties, its + fundamental articles, especially that to establish agencies in any part + of the Union, the corporate powers and business of such agencies, the + prohibition of Congress to establish any other corporation with similar + powers for twenty years, with express reservation in the same clause + to modify or create any bank for the District of Columbia, so that the + aggregate capital shall not exceed five millions, without enumerating + other features which are equally distinctive and characteristic, clearly + show that it can not be regarded as other than a bank of the United + States, with powers seemingly more limited than have heretofore been + granted to such an institution. It operates <i>per se</i> over the Union by + virtue of the unaided and, in my view, assumed authority of Congress + as a national legislature, as distinguishable from a bank created by + Congress for the District of Columbia as the local legislature of the + District. Every United States bank heretofore created has had power to + deal in bills of exchange as well as local discounts. Both were trading + privileges conferred, and both were exercised by virtue of the aforesaid + power of Congress over the whole Union. The question of power remains + unchanged without reference to the extent of privilege granted. If this + proposed corporation is to be regarded as a local bank of the District + of Columbia, invested by Congress with general powers to operate over + the Union, it is obnoxious to still stronger objections. It assumes that + Congress may invest a local institution with general or national powers. + With the same propriety that it may do this in regard to a bank of the + District of Columbia it may as to a State bank. Yet who can indulge the + idea that this Government can rightfully, by making a State bank its + fiscal agent, invest it with the absolute and unqualified powers + conferred by this bill? When I come to look at the details of the bill, + they do not recommend it strongly to my adoption. A brief notice of some + of its provisions will suffice. +</p> +<p> + First. It may justify substantially a system of discounts of the most + objectionable character. It is to deal in bills of exchange drawn in one + State and payable in another without any restraint. The bill of exchange + may have an unlimited time to run, and its renewability is nowhere + guarded against. It may, in fact, assume the most objectionable form of + accommodation paper. It is not required to rest on any actual, real, or + substantial exchange basis. A drawer in one place becomes the accepter + in another, and so in turn the accepter may become the drawer upon a + mutual understanding. It may at the same time indulge in mere local + discounts under the name of bills of exchange. A bill drawn at + Philadelphia on Camden, N.J., at New York on a border town in New + Jersey, at Cincinnati on Newport, in Kentucky, not to multiply other + examples, might, for anything in this bill to restrain it, become a mere + matter of local accommodation. Cities thus relatively situated would + possess advantages over cities otherwise situated of so decided a + character as most justly to excite dissatisfaction. +</p> +<p> + Second. There is no limit prescribed to the premium in the purchase + of bills of exchange, thereby correcting none of the evils under which + the community now labors, and operating most injuriously upon the + agricultural States, in which the irregularities in the rates of + exchange are most severely felt. Nor are these the only consequences. + A resumption of specie payments by the banks of those States would be + liable to indefinite postponement; for as the operation of the agencies + of the interior would chiefly consist in selling bills of exchange, and + the purchases could only be made in specie or the notes of banks paying + specie, the State banks would either have to continue with their doors + closed or exist at the mercy of this national monopoly of brokerage. + Nor can it be passed over without remark that whilst the District of + Columbia is made the seat of the principal bank, its citizens are + excluded from all participation in any benefit it might afford by + a positive prohibition on the bank from all discounting within the + District. +</p> +<p> + These are some of the objections which prominently exist against the + details of the bill. Others might be urged of much force, but it would + be unprofitable to dwell upon them. Suffice it to add that this charter + is designed to continue for twenty years without a competitor; that the + defects to which I have alluded, being founded on the fundamental law of + the corporation, are irrevocable, and that if the objections be well + founded it would be overhazardous to pass the bill into a law. +</p> +<p> + In conclusion I take leave most respectfully to say that I have felt the + most anxious solicitude to meet the wishes of Congress in the adoption + of a fiscal agent which, avoiding all constitutional objections, should + harmonize conflicting opinions. Actuated by this feeling, I have been + ready to yield much in a spirit of conciliation to the opinions of + others; and it is with great pain that I now feel compelled to differ + from Congress a second time in the same session. At the commencement of + this session, inclined from choice to defer to the legislative will, I + submitted to Congress the propriety of adopting a fiscal agent which, + without violating the Constitution, would separate the public money from + the Executive control and perform the operations of the Treasury without + being burdensome to the people or inconvenient or expensive to the + Government. It is deeply to be regretted that this department of the + Government can not upon constitutional and other grounds concur with the + legislative department in this last measure proposed to attain these + desirable objects. Owing to the brief space between the period of the + death of my lamented predecessor and my own installation into office, + I was, in fact, not left time to prepare and submit a definitive + recommendation of my own in my regular message, and since my mind has + been wholly occupied in a most anxious attempt to conform my action + to the legislative will. In this communication I am confined by the + Constitution to my objections simply to this bill, but the period of the + regular session will soon arrive, when it will be my duty, under another + clause of the Constitution, "to give to Congress information of the + state of the Union and recommend to their consideration such measures + as" I "shall judge necessary and expedient." And I most respectfully + submit, in a spirit of harmony, whether the present differences of + opinion should be pressed further at this time, and whether the + peculiarity of my situation does not entitle me to a postponement of + this subject to a more auspicious period for deliberation. The two + Houses of Congress have distinguished themselves at this extraordinary + session by the performance of an immense mass of labor at a season very + unfavorable both to health and action, and have passed many laws which + I trust will prove highly beneficial to the interests of the country + and fully answer its just expectations. It has been my good fortune + and pleasure to concur with them in all measures except this. And why + should our difference on this alone be pushed to extremes? It is my + anxious desire that it should not be. I too have been burdened with + extraordinary labors of late, and I sincerely desire time for deep + and deliberate reflection on this the greatest difficulty of my + Administration. May we not now pause until a more favorable time, when, + with the most anxious hope that the Executive and Congress may cordially + unite, some measure of finance may be deliberately adopted promotive of + the good of our common country? +</p> +<p> + I will take this occasion to declare that the conclusions to which + I have brought myself are those of a settled conviction, founded, in + my opinion, on a just view of the Constitution; that in arriving at it + I have been actuated by no other motive or desire than to uphold the + institutions of the country as they have come down to us from the hands + of our godlike ancestors, and that I shall esteem my efforts to sustain + them, even though I perish, more honorable than to win the applause of + men by a sacrifice of my duty and my conscience. +</p> +<p class="r"> JOHN TYLER.</p> + +<a name="2H_4_0006"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATION. +</h2> +<center> + [From Statutes at Large (Little, Brown & Co.), Vol. XI, p. 786.] +</center> +<h3> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h3> +<h4> + A PROCLAMATION. +</h4> +<p> + Whereas it has come to the knowledge of the Government of the United + States that sundry secret lodges, clubs, or associations exist on the + northern frontier; that the members of these lodges are bound together + by secret oaths; that they have collected firearms and other military + materials and secreted them in sundry places; and that it is their + purpose to violate the laws of their country by making military and + lawless incursions, when opportunity shall offer, into the territories + of a power with which the United States are at peace; and +</p> +<p> + Whereas it is known that traveling agitators, from both sides of the + line, visit these lodges and harangue the members in secret meeting, + stimulating them to illegal acts; and +</p> +<p> + Whereas the same persons are known to levy contributions on the ignorant + and credulous for their own benefit, thus supporting and enriching + themselves by the basest means; and +</p> +<p> + Whereas the unlawful intentions of the members of these lodges have + already been manifested in an attempt to destroy the lives and property + of the inhabitants of Chippewa, in Canada, and the public property of + the British Government there being: +</p> +<p> + Now, therefore, I, John Tyler, President of the United States, do issue + this my proclamation, admonishing all such evil-minded persons of the + condign punishment which is certain to overtake them; assuring them that + the laws of the United States will be rigorously executed against their + illegal acts, and that if in any lawless incursion into Canada they fall + into the hands of the British authorities they will not be reclaimed as + American citizens nor any interference made by this Government in their + behalf. And I exhort all well-meaning but deluded persons who may have + joined these lodges immediately to abandon them and to have nothing more + to do with their secret meetings or unlawful oaths, as they would avoid + serious consequences to themselves. And I expect the intelligent and + well-disposed members of the community to frown on all these unlawful + combinations and illegal proceedings, and to assist the Government in + maintaining the peace of the country against the mischievous + consequences of the acts of these violators of the law. +</p> +<p> + Given under my hand, at the city of Washington, the 25th day of + September, A.D. 1841, and of the Independence of the United States the + sixty-sixth. +</p> +<p>[SEAL.]</p> + +<p class="r"> JOHN TYLER.</p> +<p><br> +By the President:<br> + DANIEL WEBSTER,<br> + <i>Secretary of State</i>. +</p> +<a name="2H_4_0007"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDER. +</h2> +<center> + GENERAL ORDERS. +</center> +<p class="r"> + WAR DEPARTMENT, +<br> + ADJUTANT-GENERAL'S OFFICE, +<br> + <i>Washington, July 5, 1841</i>. +</p> +<p> + Brevet Major-General Winfield Scott having been appointed by the + President, by and with the consent and advice of the Senate, the + Major-general of the Army of the United States, he is directed to assume + the command and enter upon his duties accordingly. +</p> +<p> + By command of the President of the United States: +</p> +<p class="r"> +R. JONES,<br> + <i>Adjutant-General</i>. +</p> + +<a name="2H_4_0008"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + FIRST ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 7, 1841</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + In coming together, fellow-citizens, to enter again upon the discharge + of the duties with which the people have charged us severally, we find + great occasion to rejoice in the general prosperity of the country. + We are in the enjoyment of all the blessings of civil and religious + liberty, with unexampled means of education, knowledge, and improvement. + Through the year which is now drawing to a close peace has been in our + borders and plenty in our habitations, and although disease has visited + some few portions of the land with distress and mortality, yet in + general the health of the people has been preserved, and we are all + called upon by the highest obligations of duty to renew our thanks and + our devotion to our Heavenly Parent, who has continued to vouchsafe to + us the eminent blessings which surround us and who has so signally + crowned the year with His goodness. If we find ourselves increasing + beyond example in numbers, in strength, in wealth, in knowledge, in + everything which promotes human and social happiness, let us ever + remember our dependence for all these on the protection and merciful + dispensations of Divine Providence. +</p> +<p> + Since your last adjournment Alexander McLeod, a British subject who was + indicted for the murder of an American citizen, and whose case has been + the subject of a correspondence heretofore communicated to you, has been + acquitted by the verdict of an impartial and intelligent jury, and has + under the judgment of the court been regularly discharged. +</p> +<p> + Great Britain having made known to this Government that the expedition + which was fitted out from Canada for the destruction of the steamboat + <i>Caroline</i> in the winter of 1837, and which resulted in the destruction + of said boat and in the death of an American citizen, was undertaken + by orders emanating from the authorities of the British Government in + Canada, and demanding the discharge of McLeod upon the ground that + if engaged in that expedition he did but fulfill the orders of his + Government, has thus been answered in the only way in which she could be + answered by a government the powers of which are distributed among its + several departments by the fundamental law. Happily for the people of + Great Britain, as well as those of the United States, the only mode by + which an individual arraigned for a criminal offense before the courts + of either can obtain his discharge is by the independent action of the + judiciary and by proceedings equally familiar to the courts of both + countries. +</p> +<p> + If in Great Britain a power exists in the Crown to cause to be entered a + <i>nolle prosequi</i>, which is not the case with the Executive power of the + United States upon a prosecution pending in a State court, yet <i>there</i> + no more than <i>here</i> can the chief executive power rescue a prisoner from + custody without an order of the proper tribunal directing his discharge. + The precise stage of the proceedings at which such order may be made is + a matter of municipal regulation exclusively, and not to be complained + of by any other government. In cases of this kind a government becomes + politically responsible only when its tribunals of last resort are shown + to have rendered unjust and injurious judgments in matters not doubtful. + To the establishment and elucidation of this principle no nation has + lent its authority more efficiently than Great Britain. Alexander + McLeod, having his option either to prosecute a writ of error from the + decision of the supreme court of New York, which had been rendered upon + his application for a discharge, to the Supreme Court of the United + States, or to submit his case to the decision of a jury, preferred the + latter, deeming it the readiest mode of obtaining his liberation; and + the result has fully sustained the wisdom of his choice. The manner in + which the issue submitted was tried will satisfy the English Government + that the principles of justice will never fail to govern the enlightened + decision of an American tribunal. I can not fail, however, to suggest to + Congress the propriety, and in some degree the necessity, of making such + provisions by law, so far as they may constitutionally do so, for the + removal at their commencement and at the option of the party of all + such cases as may hereafter arise, and which may involve the faithful + observance and execution of our international obligations, from the + State to the Federal judiciary. This Government, by our institutions, is + charged with the maintenance of peace and the preservation of amicable + relations with the nations of the earth, and ought to possess without + question all the reasonable and proper means of maintaining the one and + preserving the other. While just confidence is felt in the judiciary of + the States, yet this Government ought to be competent in itself for the + fulfillment of the high duties which have been devolved upon it under + the organic law by the States themselves. +</p> +<p> + In the month of September a party of armed men from Upper Canada invaded + the territory of the United States and forcibly seized upon the person + of one Grogan, and under circumstances of great harshness hurriedly + carried him beyond the limits of the United States and delivered him up + to the authorities of Upper Canada. His immediate discharge was ordered + by those authorities upon the facts of the case being brought to their + knowledge—a course of procedure which was to have been expected from + a nation with whom we are at peace, and which was not more due to the + rights of the United States than to its own regard for justice. The + correspondence which passed between the Department of State and the + British envoy, Mr. Fox, and with the governor of Vermont, as soon as the + facts had been made known to this department, are herewith communicated. +</p> +<p> + I regret that it is not in my power to make known to you an equally + satisfactory conclusion in the case of the <i>Caroline</i> steamer, with the + circumstances connected with the destruction of which, in December, + 1837, by an armed force fitted out in the Province of Upper Canada, you + are already made acquainted. No such atonement as was due for the public + wrong done to the United States by this invasion of her territory, so + wholly irreconcilable with her rights as an independent power, has yet + been made. In the view taken by this Government the inquiry whether + the vessel was in the employment of those who were prosecuting an + unauthorized war against that Province or was engaged by the owner in + the business of transporting passengers to and from Navy Island in hopes + of private gain, which was most probably the case, in no degree alters + the real question at issue between the two Governments. This Government + can never concede to any foreign government the power, except in a case + of the most urgent and extreme necessity, of invading its territory, + either to arrest the persons or destroy the property of those who may + have violated the municipal laws of such foreign government or have + disregarded their obligations arising under the law of nations. The + territory of the United States must be regarded as sacredly secure + against all such invasions until they shall voluntarily acknowledge + their inability to acquit themselves of their duties to others. And in + announcing this sentiment I do but affirm a principle which no nation on + earth would be more ready to vindicate at all hazards than the people + and Government of Great Britain. If upon a full investigation of all the + facts it shall appear that the owner of the <i>Caroline</i> was governed by + a hostile intent or had made common cause with those who were in the + occupancy of Navy Island, then so far as he is concerned there can be no + claim to indemnity for the destruction of his boat which this Government + would feel itself bound to prosecute, since he would have acted not only + in derogation of the rights of Great Britain, but in clear violation of + the laws of the United States; but that is a question which, however + settled, in no manner involves the higher consideration of the violation + of territorial sovereignty and jurisdiction. To recognize it as an + admissible practice that each Government in its turn, upon any sudden + and unauthorized outbreak which, on a frontier the extent of which + renders it impossible for either to have an efficient force on every + mile of it, and which outbreak, therefore, neither may be able to + suppress in a day, may take vengeance into its own hands, and without + even a remonstrance, and in the absence of any pressing or overruling + necessity may invade the territory of the other, would inevitably lead + to results equally to be deplored by both. When border collisions come + to receive the sanction or to be made on the authority of either + Government general war must be the inevitable result. While it is the + ardent desire of the United States to cultivate the relations of peace + with all nations and to fulfill all the duties of good neighborhood + toward those who possess territories adjoining their own, that very + desire would lead them to deny the right of any foreign power to invade + their boundary with an armed force. The correspondence between the two + Governments on this subject will at a future day of your session be + submitted to your consideration; and in the meantime I can not but + indulge the hope that the British Government will see the propriety of + renouncing as a rule of future action the precedent which has been set + in the affair at Schlosser. +</p> +<p> + I herewith submit the correspondence which has recently taken place + between the American minister at the Court of St. James, Mr. Stevenson, + and the minister of foreign affairs of that Government on the right + claimed by that Government to visit and detain vessels sailing under + the American flag and engaged in prosecuting lawful commerce in the + African seas. Our commercial interests in that region have experienced + considerable increase and have become an object of much importance, and + it is the duty of this Government to protect them against all improper + and vexatious interruption. However desirous the United States may + be for the suppression of the slave trade, they can not consent to + interpolations into the maritime code at the mere will and pleasure of + other governments. We deny the right of any such interpolation to any + one or all the nations of the earth without our consent. We claim to + have a voice in all amendments or alterations of that code, and when we + are given to understand, as in this instance, by a foreign government + that its treaties with other nations can not be executed without the + establishment and enforcement of new principles of maritime police, to + be applied without our consent, we must employ a language neither of + equivocal import or susceptible of misconstruction. American citizens + prosecuting a lawful commerce in the African seas under the flag of + their country are not responsible for the abuse or unlawful use of that + flag by others; nor can they rightfully on account of any such alleged + abuses be interrupted, molested, or detained while on the ocean, and if + thus molested and detained while pursuing honest voyages in the usual + way and violating no law themselves they are unquestionably entitled to + indemnity. This Government has manifested its repugnance to the slave + trade in a manner which can not be misunderstood. By its fundamental law + it prescribed limits in point of time to its continuance, and against + its own citizens who might so far forget the rights of humanity as to + engage in that wicked traffic it has long since by its municipal laws + denounced the most condign punishment. Many of the States composing this + Union had made appeals to the civilized world for its suppression long + before the moral sense of other nations had become shocked by the + iniquities of the traffic. Whether this Government should now enter into + treaties containing mutual stipulations upon this subject is a question + for its mature deliberation. Certain it is that if the right to detain + American ships on the high seas can be justified on the plea of a + necessity for such detention arising out of the existence of treaties + between other nations, the same plea may be extended and enlarged by the + new stipulations of new treaties to which the United States may not be a + party. This Government will not cease to urge upon that of Great Britain + full and ample remuneration for all losses, whether arising from + detention or otherwise, to which American citizens have heretofore been + or may hereafter be subjected by the exercise of rights which this + Government can not recognize as legitimate and proper. Nor will I + indulge a doubt but that the sense of justice of Great Britain will + constrain her to make retribution for any wrong or loss which any + American citizen engaged in the prosecution of lawful commerce may have + experienced at the hands of her cruisers or other public authorities. + This Government, at the same time, will relax no effort to prevent its + citizens, if there be any so disposed, from prosecuting a traffic so + revolting to the feelings of humanity. It seeks to do no more than to + protect the fair and honest trader from molestation and injury; but + while the enterprising mariner engaged in the pursuit of an honorable + trade is entitled to its protection, it will visit with condign + punishment others of an opposite character. +</p> +<p> + I invite your attention to existing laws for the suppression of the + African slave trade, and recommend all such alterations as may give + to them greater force and efficacy. That the American flag is grossly + abused by the abandoned and profligate of other nations is but too + probable. Congress has not long since had this subject under its + consideration, and its importance well justifies renewed and anxious + attention. +</p> +<p> + I also communicate herewith the copy of a correspondence between Mr. + Stevenson and Lord Palmerston upon the subject, so interesting to + several of the Southern States, of the rice duties, which resulted + honorably to the justice of Great Britain and advantageously to the + United States. +</p> +<p> + At the opening of the last annual session the President informed + Congress of the progress which had then been made in negotiating a + convention between this Government and that of England with a view + to the final settlement of the question of the boundary between the + territorial limits of the two countries. I regret to say that little + further advancement of the object has been accomplished since last year, + but this is owing to circumstances no way indicative of any abatement of + the desire of both parties to hasten the negotiation to its conclusion + and to settle the question in dispute as early as possible. In the + course of the session it is my hope to be able to announce some further + degree of progress toward the accomplishment of this highly desirable + end. +</p> +<p> + The commission appointed by this Government for the exploration and + survey of the line of boundary separating the States of Maine and New + Hampshire from the conterminous British Provinces is, it is believed, + about to close its field labors and is expected soon to report the + results of its examinations to the Department of State. The report, + when received, will be laid before Congress. +</p> +<p> + The failure on the part of Spain to pay with punctuality the interest + due under the convention of 1834 for the settlement of claims between + the two countries has made it the duty of the Executive to call the + particular attention of that Government to the subject. A disposition + has been manifested by it, which is believed to be entirely sincere, + to fulfill its obligations in this respect so soon as its internal + condition and the state of its finances will permit. An arrangement is + in progress from the result of which it is trusted that those of our + citizens who have claims under the convention will at no distant day + receive the stipulated payments. +</p> +<p> + A treaty of commerce and navigation with Belgium was concluded and + signed at Washington on the 29th of March, 1840, and was duly sanctioned + by the Senate of the United States. The treaty was ratified by His + Belgian Majesty, but did not receive the approbation of the Belgian + Chambers within the time limited by its terms, and has therefore become + void. +</p> +<p> + This occurrence assumes the graver aspect from the consideration that in + 1833 a treaty negotiated between the two Governments and ratified on the + part of the United States failed to be ratified on the part of Belgium. + The representative of that Government at Washington informs the + Department of State that he has been instructed to give explanations of + the causes which occasioned delay in the approval of the late treaty by + the legislature, and to express the regret of the King at the + occurrence. +</p> +<p> + The joint commission under the convention with Texas to ascertain the + true boundary between the two countries has concluded its labors, but + the final report of the commissioner of the United States has not been + received. It is understood, however, that the meridian line as traced + by the commission lies somewhat farther east than the position hitherto + generally assigned to it, and consequently includes in Texas some part + of the territory which had been considered as belonging to the States + of Louisiana and Arkansas. +</p> +<p> + The United States can not but take a deep interest in whatever relates + to this young but growing Republic. Settled principally by emigrants + from the United States, we have the happiness to know that the great + principles of civil liberty are there destined to flourish under wise + institutions and wholesome laws, and that through its example another + evidence is to be afforded of the capacity of popular institutions to + advance the prosperity, happiness, and permanent glory of the human + race. The great truth that government was made for the people and not + the people for government has already been established in the practice + and by the example of these United States, and we can do no other than + contemplate its further exemplification by a sister republic with the + deepest interest. +</p> +<p> + Our relations with the independent States of this hemisphere, formerly + under the dominion of Spain, have not undergone any material change + within the past year. The incessant sanguinary conflicts in or between + those countries are to be greatly deplored as necessarily tending to + disable them from performing their duty as members of the community + of nations and rising to the destiny which the position and natural + resources of many of them might lead them justly to anticipate, as + constantly giving occasion also, directly or indirectly, for complaints + on the part of our citizens who resort thither for purposes of + commercial intercourse, and as retarding reparation for wrongs already + committed, some of which are by no means of recent date. +</p> +<p> + The failure of the Congress of Ecuador to hold a session at the time + appointed for that purpose, in January last, will probably render + abortive a treaty of commerce with that Republic, which was signed at + Quito on the 13th of June, 1839, and had been duly ratified on our + part, but which required the approbation of that body prior to its + ratification by the Ecuadorian Executive. +</p> +<p> + A convention which has been concluded with the Republic of Peru, + providing for the settlement of certain claims of citizens of the United + States upon the Government of that Republic, will be duly submitted to + the Senate. +</p> +<p> + The claims of our citizens against the Brazilian Government originating + from captures and other causes are still unsatisfied. The United States + have, however, so uniformly shown a disposition to cultivate relations + of amity with that Empire that it is hoped the unequivocal tokens of the + same spirit toward us which an adjustment of the affairs referred to + would afford will be given without further avoidable delay. +</p> +<p> + The war with the Indian tribes on the peninsula of Florida has during + the last summer and fall been prosecuted with untiring activity and + zeal. A summer campaign was resolved upon as the best mode of bringing + it to a close. Our brave officers and men who have been engaged in that + service have suffered toils and privations and exhibited an energy which + in any other war would have won for them unfading laurels. In despite + of the sickness incident to the climate, they have penetrated the + fastnesses of the Indians, broken up their encampments, and harassed + them unceasingly. Numbers have been captured, and still greater numbers + have surrendered and have been transported to join their brethren on the + lands elsewhere allotted to them by the Government, and a strong hope is + entertained that under the conduct of the gallant officer at the head of + the troops in Florida that troublesome and expensive war is destined to + a speedy termination. With all the other Indian tribes we are enjoying + the blessings of peace. Our duty as well as our best interests prompts + us to observe in all our intercourse with them fidelity in fulfilling + our engagements, the practice of strict justice, as well as the constant + exercise of acts of benevolence and kindness. These are the great + instruments of civilization, and through the use of them alone can the + untutored child of the forest be induced to listen to its teachings. +</p> +<p> + The Secretary of State, on whom the acts of Congress have devolved the + duty of directing the proceedings for the taking of the sixth census or + enumeration of the inhabitants of the United States, will report to the + two Houses the progress of that work. The enumeration of persons has + been completed, and exhibits a grand total of 17,069,453, making an + increase over the census of 1830 of 4,202,646 inhabitants, and showing + a gain in a ratio exceeding 32-1/2 per cent for the last ten years. +</p> +<p> + From the report of the Secretary of the Treasury you will be informed of + the condition of the finances. The balance in the Treasury on the 1st of + January last, as stated in the report of the Secretary of the Treasury + submitted to Congress at the extra session, was $987,345.03. The + receipts into the Treasury during the first three quarters of this year + from all sources amount to $23,467,072.52; the estimated receipts for + the fourth quarter amount to $6,943,095.25, amounting to $30,410,167.77, + and making with the balance in the Treasury on the 1st of January last + $31,397,512.80. The expenditures for the first three quarters of this + year amount to $24,734,346.97. The expenditures for the fourth quarter + as estimated will amount to $7,290,723.73, thus making a total of + $32,025,070.70, and leaving a deficit to be provided for on the 1st of + January next of about $627,557.90. +</p> +<p> + Of the loan of $12,000,000 which was authorized by Congress at its late + session only $5,432,726.88 have been negotiated. The shortness of time + which it had to run has presented no inconsiderable impediment in the + way of its being taken by capitalists at home, while the same cause + would have operated with much greater force in the foreign market. For + that reason the foreign market has not been resorted to; and it is now + submitted whether it would not be advisable to amend the law by making + what remains undisposed of payable at a more distant day. +</p> +<p> + Should it be necessary, in any view that Congress may take of the + subject, to revise the existing tariff of duties, I beg leave to say + that in the performance of that most delicate operation moderate + counsels would seem to be the wisest. The Government under which it is + our happiness to live owes its existence to the spirit of compromise + which prevailed among its framers; jarring and discordant opinions could + only have been reconciled by that noble spirit of patriotism which + prompted conciliation and resulted in harmony. In the same spirit the + compromise bill, as it is commonly called, was adopted at the session of + 1833. While the people of no portion of the Union will ever hesitate to + pay all necessary taxes for the support of Government, yet an innate + repugnance exists to the imposition of burthens not really necessary for + that object. In imposing duties, however, for the purposes of revenue + a right to discriminate as to the articles on which the duty shall be + laid, as well as the amount, necessarily and most properly exists; + otherwise the Government would be placed in the condition of having to + levy the same duties upon all articles, the productive as well as the + unproductive. The slightest duty upon some might have the effect of + causing their importation to cease, whereas others, entering extensively + into the consumption of the country, might bear the heaviest without any + sensible diminution in the amount imported. So also the Government may + be justified in so discriminating by reference to other considerations + of domestic policy connected with our manufactures. So long as the + duties shall be laid with distinct reference to the wants of the + Treasury no well-founded objection can exist against them. It might + be esteemed desirable that no such augmentation of the taxes should + take place as would have the effect of annulling the land-proceeds + distribution act of the last session, which act is declared to be + inoperative the moment the duties are increased beyond 20 per cent, the + maximum rate established by the compromise act. Some of the provisions + of the compromise act, which will go into effect on the 30th day of June + next, may, however, be found exceedingly inconvenient in practice under + any regulations that Congress may adopt. I refer more particularly to + that relating to the home valuation. A difference in value of the same + articles to some extent will necessarily exist at different ports, but + that is altogether insignificant when compared with the conflicts in + valuation which are likely to arise from the differences of opinion + among the numerous appraisers of merchandise. In many instances the + estimates of value must be conjectural, and thus as many different rates + of value may be established as there are appraisers. These differences + in valuation may also be increased by the inclination which, without + the slightest imputation on their honesty, may arise on the part of the + appraisers in favor of their respective ports of entry. I recommend this + whole subject to the consideration of Congress with a single additional + remark. Certainty and permanency in any system of governmental policy + are in all respects eminently desirable, but more particularly is this + true in all that affects trade and commerce, the operations of which + depend much more on the certainty of their returns and calculations + which embrace distant periods of time than on high bounties or duties, + which are liable to constant fluctuations. +</p> +<p> + At your late session I invited your attention to the condition of + the currency and exchanges and urged the necessity of adopting such + measures as were consistent with the constitutional competency of the + Government in order to correct the unsoundness of the one and, as far as + practicable, the inequalities of the other. No country can be in the + enjoyment of its full measure of prosperity without the presence of + a medium of exchange approximating to uniformity of value. What is + necessary as between the different nations of the earth is also + important as between the inhabitants of different parts of the same + country. With the first the precious metals constitute the chief medium + of circulation, and such also would be the case as to the last but for + inventions comparatively modern, which have furnished in place of gold + and silver a paper circulation. I do not propose to enter into a + comparative analysis of the merits of the two systems. Such belonged + more properly to the period of the introduction of the paper system. The + speculative philosopher might find inducements to prosecute the inquiry, + but his researches could only lead him to conclude that the paper system + had probably better never have been introduced and that society might + have been much happier without it. The practical statesman has a very + different task to perform. He has to look at things as they are, to take + them as he finds them, to supply deficiencies and to prune excesses as + far as in him lies. The task of furnishing a corrective for derangements + of the paper medium with us is almost inexpressibly great. The power + exerted by the States to charter banking corporations, and which, having + been carried to a great excess, has filled the country with, in most of + the States, an irredeemable paper medium, is an evil which in some way + or other requires a corrective. The rates at which bills of exchange + are negotiated between different parts of the country furnish an index + of the value of the local substitute for gold and silver, which is in + many parts so far depreciated as not to be received except at a large + discount in payment of debts or in the purchase of produce. It could + earnestly be desired that every bank not possessing the means of + resumption should follow the example of the late United States Bank of + Pennsylvania and go into liquidation rather than by refusing to do so + to continue embarrassments in the way of solvent institutions, thereby + augmenting the difficulties incident to the present condition of things. + Whether this Government, with due regard to the rights of the States, + has any power to constrain the banks either to resume specie payments + or to force them into liquidation, is an inquiry which will not fail + to claim your consideration. In view of the great advantages which are + allowed the corporators, not among the least of which is the authority + contained in most of their charters to make loans to three times the + amount of their capital, thereby often deriving three times as much + interest on the same amount of money as any individual is permitted by + law to receive, no sufficient apology can be urged for a long-continued + suspension of specie payments. Such suspension is productive of the + greatest detriment to the public by expelling from circulation the + precious metals and seriously hazarding the success of any effort that + this Government can make to increase commercial facilities and to + advance the public interests. +</p> +<p> + This is the more to be regretted and the indispensable necessity for + a sound currency becomes the more manifest when we reflect on the vast + amount of the internal commerce of the country. Of this we have no + statistics nor just data for forming adequate opinions. But there can + be no doubt but that the amount of transportation coastwise by sea, and + the transportation inland by railroads and canals, and by steamboats + and other modes of conveyance over the surface of our vast rivers and + immense lakes, and the value of property carried and interchanged by + these means form a general aggregate to which the foreign commerce of + the country, large as it is, makes but a distant approach. +</p> +<p> + In the absence of any controlling power over this subject, which, by + forcing a general resumption of specie payments, would at once have the + effect of restoring a sound medium of exchange and would leave to the + country but little to desire, what measure of relief falling within the + limits of our constitutional competency does it become this Government + to adopt? It was my painful duty at your last session, under the weight + of most solemn obligations, to differ with Congress on the measures + which it proposed for my approval, and which it doubtless regarded as + corrective of existing evils. Subsequent reflection and events since + occurring have only served to confirm me in the opinions then + entertained and frankly expressed. I must be permitted to add that no + scheme of governmental policy unaided by individual exertions can be + available for ameliorating the present condition of things. Commercial + modes of exchange and a good currency are but the necessary means of + commerce and intercourse, not the direct productive sources of wealth. + Wealth can only be accumulated by the earnings of industry and the + savings of frugality, and nothing can be more ill judged than to look + to facilities in borrowing or to a redundant circulation for the power + of discharging pecuniary obligations. The country is full of resources + and the people full of energy, and the great and permanent remedy + for present embarrassments must be sought in industry, economy, the + observance of good faith, and the favorable influence of time. In + pursuance of a pledge given to you in my last message to Congress, which + pledge I urge as an apology for adventuring to present you the details + of any plan, the Secretary of the Treasury will be ready to submit to + you, should you require it, a plan of finance which, while it throws + around the public treasure reasonable guards for its protection and + rests on powers acknowledged in practice to exist from the origin of + the Government, will at the same time furnish to the country a sound + paper medium and afford all reasonable facilities for regulating the + exchanges. When submitted, you will perceive in it a plan amendatory of + the existing laws in relation to the Treasury Department, subordinate in + all respects to the will of Congress directly and the will of the people + indirectly, self-sustaining should it be found in practice to realize + its promises in theory, and repealable at the pleasure of Congress. It + proposes by effectual restraints and by invoking the true spirit of our + institutions to separate the purse from the sword, or, more properly to + speak, denies any other control to the President over the agents who may + be selected to carry it into execution but what may be indispensably + necessary to secure the fidelity of such agents, and by wise regulations + keeps plainly apart from each other private and public funds. It + contemplates the establishment of a board of control at the seat of + government, with agencies at prominent commercial points or wherever + else Congress shall direct, for the safe-keeping and disbursement of the + public moneys, and a substitution at the option of the public creditor + of Treasury notes in lieu of gold and silver. It proposes to limit the + issues to an amount not to exceed $15,000,000 without the express + sanction of the legislative power. It also authorizes the receipt of + individual deposits of gold and silver to a limited amount, and the + granting certificates of deposit divided into such sums as may be called + for by the depositors. It proceeds a step further and authorizes the + purchase and sale of domestic bills and drafts resting on a real and + substantial basis, payable at sight or having but a short time to run, + and drawn on places not less than 100 miles apart, which authority, + except in so far as may be necessary for Government purposes + exclusively, is only to be exerted upon the express condition that its + exercise shall not be prohibited by the State in which the agency is + situated. In order to cover the expenses incident to the plan, it will + be authorized to receive moderate premiums for certificates issued on + deposits and on bills bought and sold, and thus, as far as its dealings + extend, to furnish facilities to commercial intercourse at the lowest + possible rates and to subduct from the earnings of industry the least + possible sum. It uses the State banks at a distance from the agencies + as auxiliaries without imparting any power to trade in its name. + It is subjected to such guards and restraints as have appeared to be + necessary. It is the creature of law and exists only at the pleasure of + the Legislature. It is made to rest on an actual specie basis in order + to redeem the notes at the places of issue, produces no dangerous + redundancy of circulation, affords no temptation to speculation, is + attended by no inflation of prices, is equable in its operation, makes + the Treasury notes (which it may use along with the certificates of + deposit and the notes of specie-paying banks) convertible at the place + where collected, receivable in payment of Government dues, and without + violating any principle of the Constitution affords the Government and + the people such facilities as are called for by the wants of both. Such, + it has appeared to me, are its recommendations, and in view of them it + will be submitted, whenever you may require it, to your consideration. +</p> +<p> + I am not able to perceive that any fair and candid objection can be + urged against the plan, the principal outlines of which I have thus + presented. I can not doubt but that the notes which it proposes to + furnish at the voluntary option of the public creditor, issued in lieu + of the revenue and its certificates of deposit, will be maintained + at an equality with gold and silver everywhere. They are redeemable in + gold and silver on demand at the places of issue. They are receivable + everywhere in payment of Government dues. The Treasury notes are limited + to an amount of one-fourth less than the estimated annual receipts of + the Treasury, and in addition they rest upon the faith of the Government + for their redemption. If all these assurances are not sufficient to make + them available, then the idea, as it seems to me, of furnishing a sound + paper medium of exchange may be entirely abandoned. +</p> +<p> + If a fear be indulged that the Government may be tempted to run into + excess in its issues at any future day, it seems to me that no such + apprehension can reasonably be entertained until all confidence in the + representatives of the States and of the people, as well as of the + people themselves, shall be lost. The weightiest considerations of + policy require that the restraints now proposed to be thrown around the + measure should not for light causes be removed. To argue against any + proposed plan its liability to possible abuse is to reject every + expedient, since everything dependent on human action is liable + to abuse. Fifteen millions of Treasury notes may be issued as the + <i>maximum</i>, but a discretionary power is to be given to the board of + control under that sum, and every consideration will unite in leading + them to feel their way with caution. For the first eight years of the + existence of the late Bank of the United States its circulation barely + exceeded $4,000,000, and for five of its most prosperous years it was + about equal to $16,000,000; furthermore, the authority given to receive + private deposits to a limited amount and to issue certificates in such + sums as may be called for by the depositors may so far fill up the + channels of circulation as greatly to diminish the necessity of any + considerable issue of Treasury notes. A restraint upon the amount of + private deposits has seemed to be indispensably necessary from an + apprehension, thought to be well founded, that in any emergency of trade + confidence might be so far shaken in the banks as to induce a withdrawal + from them of private deposits with a view to insure their unquestionable + safety when deposited with the Government, which might prove eminently + disastrous to the State banks. Is it objected that it is proposed to + authorize the agencies to deal in bills of exchange? It is answered that + such dealings are to be carried on at the lowest possible premium, are + made to rest on an unquestionably sound basis, are designed to reimburse + merely the expenses which would otherwise devolve upon the Treasury, and + are in strict subordination to the decision of the Supreme Court in the + case of the Bank of Augusta against Earle, and other reported cases, and + thereby avoids all conflict with State jurisdiction, which I hold to be + indispensably requisite. It leaves the banking privileges of the States + without interference, looks to the Treasury and the Union, and while + furnishing every facility to the first is careful of the interests of + the last. But above all, it is created by law, is amendable by law, and + is repealable by law, and, wedded as I am to no theory, but looking + solely to the advancement of the public good, I shall be among the very + first to urge its repeal if it be found not to subserve the purposes and + objects for which it may be created. Nor will the plan be submitted in + any overweening confidence in the sufficiency of my own judgment, but + with much greater reliance on the wisdom and patriotism of Congress. + I can not abandon this subject without urging upon you in the most + emphatic manner, whatever may be your action on the suggestions which + I have felt it to be my duty to submit, to relieve the Chief Executive + Magistrate, by any and all constitutional means, from a controlling + power over the public Treasury. If in the plan proposed, should you deem + it worthy of your consideration, that separation is not as complete as + you may desire, you will doubtless amend it in that particular. For + myself, I disclaim all desire to have any control over the public moneys + other than what is indispensably necessary to execute the laws which you + may pass. +</p> +<p> + Nor can I fail to advert in this connection to the debts which many of + the States of the Union have contracted abroad and under which they + continue to labor. That indebtedness amounts to a sum not less than + $200,000,000, and which has been retributed to them for the most part + in works of internal improvement which are destined to prove of vast + importance in ultimately advancing their prosperity and wealth. For the + debts thus contracted the States are alone responsible. I can do no more + than express the belief that each State will feel itself bound by every + consideration of honor as well as of interest to meet its engagements + with punctuality. The failure, however, of any one State to do so should + in no degree affect the credit of the rest, and the foreign capitalist + will have no just cause to experience alarm as to all other State stocks + because any one or more of the States may neglect to provide with + punctuality the means of redeeming their engagements. Even such States, + should there be any, considering the great rapidity with which their + resources are developing themselves, will not fail to have the means + at no very distant day to redeem their obligations to the uttermost + farthing; nor will I doubt but that, in view of that honorable conduct + which has evermore governed the States and the people of the Union, they + will each and all resort to every legitimate expedient before they will + forego a faithful compliance with their obligations. +</p> +<p> + From the report of the Secretary of War and other reports accompanying + it you will be informed of the progress which has been made in the + fortifications designed for the protection of our principal cities, + roadsteads, and inland frontier during the present year, together with + their true state and condition. They will be prosecuted to completion + with all the expedition which the means placed by Congress at the + disposal of the Executive will allow. +</p> +<p> + I recommend particularly to your consideration that portion of the + Secretary's report which proposes the establishment of a chain of + military posts from Council Bluffs to some point on the Pacific Ocean + within our limits. The benefit thereby destined to accrue to our + citizens engaged in the fur trade over that wilderness region, added + to the importance of cultivating friendly relations with savage tribes + inhabiting it, and at the same time of giving protection to our frontier + settlements and of establishing the means of safe intercourse between + the American settlements at the mouth of the Columbia River and those on + this side of the Rocky Mountains, would seem to suggest the importance + of carrying into effect the recommendations upon this head with as + little delay as may be practicable. +</p> +<p> + The report of the Secretary of the Navy will place you in possession + of the present condition of that important arm of the national defense. + Every effort will be made to add to its efficiency, and I can not too + strongly urge upon you liberal appropriations to that branch of the + public service. Inducements of the weightiest character exist for the + adoption of this course of policy. Our extended and otherwise exposed + maritime frontier calls for protection, to the furnishing of which an + efficient naval force is indispensable. We look to no foreign conquests, + nor do we propose to enter into competition with any other nation for + supremacy on the ocean; but it is due not only to the honor but to the + security of the people of the United States that no nation should be + permitted to invade our waters at pleasure and subject our towns and + villages to conflagration or pillage. Economy in all branches of the + public service is due from all the public agents to the people, but + parsimony alone would suggest the withholding of the necessary means for + the protection of our domestic firesides from invasion and our national + honor from disgrace. I would most earnestly recommend to Congress to + abstain from all appropriations for objects not absolutely necessary; + but I take upon myself, without a moment of hesitancy, all the + responsibility of recommending the increase and prompt equipment of + that gallant Navy which has lighted up every sea with its victories + and spread an imperishable glory over the country. +</p> +<p> + The report of the Postmaster-General will claim your particular + attention, not only because of the valuable suggestions which it + contains, but because of the great importance which at all times + attaches to that interesting branch of the public service. The increased + expense of transporting the mail along the principal routes necessarily + claims the public attention, and has awakened a corresponding solicitude + on the part of the Government. The transmission of the mail must keep + pace with those facilities of intercommunication which are every day + becoming greater through the building of railroads and the application + of steam power, but it can not be disguised that in order to do so the + Post-Office Department is subjected to heavy exactions. The lines of + communication between distant parts of the Union are to a great extent + occupied by railroads, which, in the nature of things, possess a + complete monopoly, and the Department is therefore liable to heavy and + unreasonable charges. This evil is destined to great increase in future, + and some timely measure may become necessary to guard against it. +</p> +<p> + I feel it my duty to bring under your consideration a practice which has + grown up in the administration of the Government, and which, I am deeply + convinced, ought to be corrected. I allude to the exercise of the power + which usage rather than reason has vested in the Presidents of removing + incumbents from office in order to substitute others more in favor with + the dominant party. My own conduct in this respect has been governed by + a conscientious purpose to exercise the removing power only in cases of + unfaithfulness or inability, or in those in which its exercise appeared + necessary in order to discountenance and suppress that spirit of active + partisanship on the part of holders of office which not only withdraws + them from the steady and impartial discharge of their official duties, + but exerts an undue and injurious influence over elections and degrades + the character of the Government itself, inasmuch as it exhibits the + Chief Magistrate as being a party through his agents in the secret plots + or open workings of political parties. +</p> +<p> + In respect to the exercise of this power nothing should be left to + discretion which may safely be regulated by law, and it is of high + importance to restrain as far as possible the stimulus of personal + interests in public elections. Considering the great increase which has + been made in public offices in the last quarter of a century and the + probability of further increase, we incur the hazard of witnessing + violent political contests, directed too often to the single object of + retaining office by those who are in or obtaining it by those who are + out. Under the influence of these convictions I shall cordially concur + in any constitutional measure for regulating and, by regulating, + restraining the power of removal. +</p> +<p> + I suggest for your consideration the propriety of making without further + delay some specific application of the funds derived under the will of + Mr. Smithson, of England, for the diffusion of knowledge, and which have + heretofore been vested in public stocks until such time as Congress + should think proper to give them a specific direction. Nor will you, I + feel confident, permit any abatement of the principal of the legacy to + be made should it turn out that the stocks in which the investments have + been made have undergone a depreciation. +</p> +<p> + In conclusion I commend to your care the interests of this District, for + which you are the exclusive legislators. Considering that this city is + the residence of the Government and for a large part of the year of + Congress, and considering also the great cost of the public buildings + and the propriety of affording them at all times careful protection, it + seems not unreasonable that Congress should contribute toward the + expense of an efficient police. +</p> +<p class="r"> JOHN TYLER.</p> + +<a name="2H_4_0009"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 7, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the Secretary of War, in compliance + with a resolution of the Senate of the 3d of March last, calling for a + comparative statement of the condition of the public defenses, of all + the preparations and means of defense, and of the actual and authorized + strength of the Army on the 1st of January, 1829, and the 1st of + January, 1841. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 7, 1841</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a report from the War Department, in compliance with + so much of the resolution of the Senate of March 3, 1841, respecting the + military and naval defenses of the country, as relates to the defenses + under the superintendence of that Department. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 8, 1841</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 4th + of September last, requesting information touching the relations between + the United States and the Republic of Texas, I transmit a report from + the Secretary of State, to whom the resolution was referred. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 8, 1841</i>. +</p> +<p> + <i>To the 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 which have been made in + that Department in pursuance of the power 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"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 29, 1841</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-15"><small>15</small></a> from the Secretary of + State, in answer to their resolution of the 27th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 4, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I herewith communicate a report and statement from the Secretary of + State, in answer to a resolution of the House of the 19th of June, 1841, + requesting the aggregate amount of each description of persons within + the several districts of the United States by counties and principal + towns. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>January 10, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention between the United States and the Republic + of Peru, signed at Lima on the 17th of March last, providing for the + adjustment and satisfaction of certain claims of citizens of the United + States against the Government of that Republic. +</p> +<p> + For the purpose of acquainting the Senate with the nature and amount of + those demands and with the course of the negotiation, I also communicate + a copy of such parts of the correspondence of the agents of the two + Governments as relate thereto. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>January 17, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a report from the Secretary of State, relative + to the proceedings and final decision of the commissioners under the + convention with the Republic of Texas upon the subject of the boundary + between the United States and that Republic. +</p> +<p class="r"> JOHN TYLER.</p> +<center> + [The same message was sent to the House of Representatives.] +</center> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 18, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives, in answer to the resolution + of the 14th instant, a report<a href="#note-16"><small>16</small></a> from the Secretary of State and the + papers by which it was accompanied. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 19, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate herewith a report<a href="#note-17"><small>17</small></a> from the Secretary of + State, with accompanying papers, in answer to their resolution of the + 11th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + JANUARY 27, 1842. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report<a href="#note-18"><small>18</small></a> of the Secretary of War, in answer to + the resolution of the House of Representatives of the 9th August, 1841. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 5, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate copies of a report and letter from the + commissioners appointed by the President for the exploration and survey + of the boundary line between the States of Maine and New Hampshire and + the conterminous British Provinces, showing the progress made in that + work during the past season, and submitting an estimate, to which I + invite the attention of Congress, of the funds that will be requisite + for completing the surveys yet to be made on the boundary, and the + office work consequent thereon, and for completing the maps of surveys + already made. +</p> +<p class="r"> JOHN TYLER.</p> +<center> + [The same message was sent to the House of Representatives.] +</center> +<p> </p><p> </p> +<p class="r"> + NEW YORK, <i>January 4, 1842</i>. +</p> +<p> + Hon. DANIEL WEBSTER, +</p> +<p> + <i>Secretary of State</i>: +</p> +<p> + The undersigned, commissioners appointed by the President of the United + States for the purpose of exploring and surveying the boundary line + between the States of Maine and New Hampshire and the British Provinces + in North America, respectfully report— +</p> +<p> + That in pursuance of the duties of their appointment they have in the + course of the late season performed the following surveys and + explorations: +</p> +<p> + 1. The meridian line of the monument at the source of the St. Croix has, + under the direction of J.D. Graham, been carefully and accurately traced + from the station in the vicinity of Houlton where the labors of the year + 1840 terminated to a point 4 miles north of the St. John River in the + vicinity of the Grand Falls, being a distance of 81 miles from the + monument. The timber has been removed along this line to a width + necessary for its accurate prolongation and for the requisite + astronomical observations at various points upon it, and a correct + profile, or vertical section, has also been obtained by means of the + spirit level the whole of the distance above mentioned. +</p> +<p> + Besides the astronomical observations necessary to obtain and continue + the due north direction upon this line, numerous magnetic observations + have also been made at a number of points upon it, in order to show the + physical causes which must operate to produce serious discrepancies + between a meridian line properly traced and such a one as has actually + separated the jurisdiction of the two Governments since the attempt in + the years 1817 and 1818 to define and mark this portion of the boundary + under the provisions of the treaty of Ghent, although no portion of that + line was ever ratified or made binding upon the parties to the treaty. +</p> +<p> + Upon this portion of the survey there have been chained, including + measured offsets to the old line and to other important points, 85 + miles. +</p> +<p> + Four hundred and fifty-two transit observations of heavenly bodies have + been made, aided by three excellent chronometers, for the determination + of the true meridian direction, most of which also served for the + computation of the correct time. +</p> +<p> + For the determination of the longitude of this meridian west of the + Royal Observatory of Greenwich and the latitudes of four important + points upon it there were made eighty-five complete sets of astronomical + observations, including altitudes of the sun and stars and the meridian + transits of the moon and moon-culminating stars. +</p> +<p> + The number of barometric observations made upon the line and in its + vicinity is 5,767; besides which there were made at Calais, for + comparison with the level of mean tide on the St. Croix, 1,336 similar + observations. +</p> +<p> + There have been determined in altitude above or below the level of the + monument, by means of the spirit level, 1,716 points, and the altitudes + of 1,816 other points have been similarly observed in order to verify + the altitude of the monument above the level of mean tide at Calais. +</p> +<p> + For the determination of the magnetic variation at a number of points on + the meridian line, more than 200 observations have been made upon four + different needles, and for the determination of the magnetic dip at four + principal stations on the same meridian 300 observations have been made + upon two different needles. +</p> +<p> + Under the directions of the same commissioner the line claimed by Great + Britain from Mars Hill and that recently chosen by Messrs. Mudge and + Featherstonhaugh have been surveyed westward from the meridian line to + the highlands near the head waters of the Aroostook, and the necessary + data obtained for the construction of a correct map of that portion of + country. +</p> +<p> + Upon this survey, without reckoning the distances traveled for + approaching many important points of observation, there have been + actually measured with the chain and coursed with proper instruments 267 + miles, including the Aroostook River from its mouth to the point where + it receives the Lapawmpeag Stream, a profile of the country from the + head waters of the Moluncus to the St. John at Fish River, and such + other important lines as were necessary for obtaining the correct + topography of the country, and the altitudes of many points upon the + line claimed by Great Britain as the boundary, in the vicinity of the + Aroostook, have been obtained. +</p> +<p> + Ten principal points have been determined in latitude and longitude by + means of 115 sets of astronomical observations, aided by three good + chronometers, and seventeen other points have been determined by + triangulation with a portable theodolite. Two hundred and five points + have been determined in altitude by means of 1,319 barometric + observations, and seventeen by means of the theodolite and spirit level. + One hundred and ninety-two observations have been made for determining + the variation of the magnetic needle at three important points. +</p> +<p> + The field duties above mentioned are considered to furnish sufficient + data for a correct map of the line reported upon by the late British + commissioners, Colonel Mudge and Mr. Featherstonhaugh, between the + St. John River and the head of the Aroostook, besides some lateral + explorations of considerable extent that will have an important bearing + upon this branch of the subject. The work accomplished is full as much + as could have been properly done in a single season, marked, as the + last was, by an unusual drought of long continuance, which rendered + it impossible to ascend, even with light canoes, some of the smaller + streams, especially those forming the northwesternmost sources of the + Aroostook. These might be profitably explored another season. +</p> +<p> + 2. The division under the direction of A. Talcott has, besides verifying + a part of the line of 1840 and tracing the course of Indian Stream (a + branch of the Connecticut) to its source, explored and surveyed the line + of highlands which extends from the Kennebec road to the Temiscouata + portage, and so much of the line claimed by Great Britain as extends + from the Kennebec road to the eastward as far as the head of the + Aroostook River. +</p> +<p> + In the course of this survey, without counting the lines of approach + or ground traveled over more than once, 703 miles have been passed over + and such notes taken as will form the basis of a map. Of these 703 + miles, 335 are upon the lines respectively claimed as boundaries by + the Governments of the United States and Great Britain. In the course + of these surveys, in order to the geographical determination of the + position of the line, the latitudes of 54 points have been determined + by means of 114 sets of altitudes of heavenly bodies, and the sets of + subsidiary observations for time and for the determination of longitude + by chronometers amount to 245. The number of points at which + observations have been made by barometers for the purpose of determining + their altitudes is 930, of which 669 are upon the boundaries + respectively claimed by the two countries. The number of separate sets + of barometric readings made at these points amounts to 1,981, while + those made at the fixed stations, with which the former are to be + compared, amount to 1,671. +</p> +<p> + 3. The division under the direction of J. Renwick has explored or + surveyed the line of highlands from the southeastern extremity of Lake + Matapediac to the vicinity of the river Du Loup, where the line of + survey has been connected with that of A. Talcott. In this survey a gap + is yet left of a few miles on the western side of the valley of the + Rimouski near its source. +</p> +<p> + In the course of the operations of this division 586 miles have been + passed over and such notes taken as will form the basis of a map. Of + these 586 miles, 275 have been actually measured, 209 are upon the + boundary claimed by the United States, and about 30 upon the line + pointed out by the proclamation of the King of Great Britain of the 7th + of October, 1763, as the southern boundary of the Province of Quebec, + making in all 239 miles of the height of land. +</p> +<p> + In the course of these surveys, in order to the geographical + determination of the position of the line, the latitudes of 47 points + have been determined by means of 85 sets of altitudes of heavenly + bodies, and the sets of subsidiary observations for time and for the + determination of longitude by chronometers amount to 130. The number + of points at which observations have been made by barometers for the + purpose of determining their altitudes is 407, of which 267 are upon the + boundary claimed by the United States. The number of separate sets of + barometric readings made at these points amounts to 1,153, while those + made at the fixed stations amount to 837. +</p> +<p> + The division of Major Graham not having returned from the field + until within a few days, neither the reduction of the astronomical + observations nor any of the office work preparatory to a general map + has yet been commenced by his division. +</p> +<p> + The office work of the divisions of A. Talcott and J. Renwick has been + steadily carried on since the return of those commissioners from the + field in the month of October, and great progress has been made in the + calculations and plotting preparatory to the construction of maps, and + necessary as materials for a general report. +</p> +<p> + In this state of the work of the several divisions the undersigned find + themselves under the necessity of communicating to the State Department + that the further progress of their operations is about to be arrested by + the exhaustion of the appropriation, and of stating that unless speedy + provision be made for the supply of the necessary funds the report of + their operations can not be made up in time to be laid before Congress + at its present session. +</p> +<p> + The position of the finances of the commission may be seen by the + following statement: +</p> + +<table summary="Financial data" class="t"> +<tr><td colspan="2"> + Of the appropriation of $75,000 there have been drawn— +</td></tr> +<tr><td> By J. Renwick </td><td align="right" valign="bottom">$21,000</td></tr> +<tr><td> By A. Talcott </td><td align="right" valign="bottom">24,200</td></tr> +<tr><td> By J.D. Graham </td><td align="right" valign="bottom">25,000</td></tr> +<tr><td> Total drawn </td><td align="right" valign="bottom">70,200</td></tr> +<tr><td colspan="2"> + Leaving in the Treasury of the United States $4,800.</td></tr> +<tr><td colspan="2"><p> + By a careful estimate it is found that to finish the office work of the + several divisions there will be required over and above any balances in + the hands of the several commissioners—</p></td></tr> +<tr><td> For the division of J. Renwick </td><td align="right" valign="bottom">$3,000</td></tr> +<tr><td> For the division of A. Talcott </td><td align="right" valign="bottom">5,800</td></tr> +<tr><td> For the division of J.D. Graham, including some + arrearages due for instruments and to assistant + engineers attached to this division </td><td align="right" valign="bottom">6,500</td></tr> + +<tr><td> Making in all $15,300, and leaving to be provided + for the completion of the work of the late season </td><td align="right" valign="bottom">$10,500.</td></tr> +</table> +<p> + The undersigned can not refrain from stating that the necessity of + applying for further funds was unexpected by each of them individually, + as it is painful to them collectively. There are, however, reasons that + in their opinion are incontrovertible which have led to an expenditure + thus exceeding their estimate submitted to the Secretary of State the + 11th of January, 1841: +</p> +<p> + 1. The estimate for the expenses of the division under the direction of + Major Graham amounted to $22,500. This referred only, however, to the + continuation of the survey of the meridian line; and as the country had + been represented by the most authentic maps as generally rising from the + monument to the north, it was inferred that the timber to be cut away + in opening this line through a dense forest would be of the description + generally found upon elevated and dry lands, and the labor supposed to + be requisite was estimated accordingly. So far, however, from this being + the case, 26 miles out of the 32 between the base of Parks Ridge, near + Houlton, and the river Des Chutes (6 miles north of the latitude of Mars + Hill) have actually been found to be below the level of the monument and + intersected by swamps covered with a thick growth of cedar and other + timber common to such land, extremely difficult to cut away. More than + double the labor estimated had therefore to be performed in + accomplishing this and all similar portions of the work, and a + corresponding increase of expense was unavoidable. +</p> +<p> + In addition to this increased labor upon the meridian line, the division + of Major Graham has executed the surveys between that line and the head + waters of the Aroostook, already given in detail, the expenses for which + were not estimated or included in the sum above mentioned. +</p> +<p> + The cost of this survey, including the instruments that were required + for it, has amounted to $5,500, and while this sum should be added to + the original estimate for this division, the expenses of the divisions + of the other two commissioners have not in any manner been thereby + diminished, for the actual quantity of work performed by them has + exceeded what was supposed from the best maps extant to be necessary + upon the whole of the lines claimed by the two Governments, + respectively, exclusive of the meridian line, as will hereafter be + shown. +</p> +<p> + There was another cause which tended in a great degree to augment the + expenses of this division in proportion to the progress of the work, + which it was not within the power of human agency to control, and which + we should not omit to mention here. +</p> +<p> + The severe drought which prevailed throughout this region of country + during the month of August and the greater part of September caused the + fires which are annually set to the fallen timber upon newly cleared + lands to spread far and wide into the growing forest, and so rapid was + its progress and so serious its ravages as to compel the inhabitants + in many cases to fly for the preservation of life. Some check was + experienced in the duties along the meridian line from the flames that + actually embraced it, but a far more serious one from the dense smoke + which filled the atmosphere almost incessantly for six weeks, and so + obstructed the view as to render it impossible to fix the stations in + advance with the requisite precision. +</p> +<p> + While the party charged with the astronomical operations was thus + deprived of the opportunity of making scarcely any progress for six + weeks, the expense of maintaining it could not in any way be diminished, + because there was a daily hope that such a change in the weather might + occur as would have removed this difficulty. +</p> +<p> + In order to make amends as far as practicable for so much time + unavoidably lost, this division continued to prosecute its field duties + north of the forty-seventh degree of latitude until several weeks after + the severities of winter had commenced, with no other protection than + their tents, the commissioner in charge of it believing that the + expectations of the Government and of the country generally would but be + fulfilled by the investigations in relation to this important line being + pushed to the utmost attainable point. But for this it would have been + impossible to have reached the St. John River the late season. +</p> +<p> + There remains to be surveyed along this meridian line, in order to reach + the northwest angle of Nova Scotia as claimed by the United States, + about 64 miles, to accomplish which will require another season of + active field duty. +</p> +<p> + 2. In the estimate for the work of the divisions of A. Talcott and J. + Renwick it was assumed that the length of the boundary remaining on the + line claimed by the United States was 320 miles, and upon the lines + claimed by Great Britain 170 miles. +</p> +<p> + Of the latter, about one-half was undertaken by Major Graham's + division,<a href="#note-19"><small>19</small></a> leaving for the estimated distance to be surveyed by the + divisions of A. Talcott and J. Renwick 450 miles. +</p> +<p> + It will appear by the statement hereinbefore given that the joint + surveys of these two divisions upon the lines of highlands have actually + amounted to 574 miles. Upon the principle of their estimate, the + probable cost of this would have amounted to $49,746.37, and with the + addition for instruments and for the additional cost of the more remote + parts of the line to $57,079.70. +</p> +<p> + The actual cost, including the foregoing estimate for the completion of + the work, is $54,000. +</p> +<p> + It will appear, therefore, that when the increased extent of the work + performed over that made the basis of the estimate is considered, the + cost of performing it, so far from having exceeded the estimate, has + fallen short of it by $3,000. +</p> +<p> + The reason of the discrepancy between the real extent of the line, as + actually measured, and that which formed the basis of the calculation is + that the latter was made by reference to the best existing maps, which + were considered to be entitled to a certain degree of credit. Upon the + close examination which the operations of the late season have afforded, + these maps have been ascertained to be exceedingly erroneous. Well-known + streams have been found to extend in either direction many miles beyond + the points at which their sources have been laid down on the maps, and + great rivers and lakes have, as it were, been discovered, of which no + delineation had ever been given by geographers. The extent of these + errors in remote and difficultly accessible points may be inferred from + what has been found to occur in the part of the region which is most + accessible, best known, and most frequently traversed. +</p> +<p> + On the Temiscouata portage, a road traveled weekly by the mail of Her + Britannic Majesty, continually passed by the officers of her various + services, which had been carefully surveyed by civil engineers + preparatory to its reconstruction, and which has been traveled by the + surveyors of both countries under the joint commission, it had hitherto + been believed, and it was so represented on all maps, both English and + American, that the line dividing the waters crossed the road three + times. The surveys of the late season show that the boundary claimed by + the United States crosses this road five times, and it became necessary + to explore the culminating points of the valleys of four streams, + instead of two, as had been anticipated. Instances of the same sort, but + which do not admit of verbal description, have occurred on every part of + the lines of highlands. +</p> +<p> + The two commissioners whose operations are under consideration no doubt + had it in their power to have suspended their operations and returned so + soon as the portion of the appropriation placed at their disposal was so + far exhausted as to leave no more than would be needed to complete their + office work; but they feel satisfied that they would not have been + justified in so doing so long as any portion of the line remained + unsurveyed or the weather would permit a party to keep the field. Thus, + although in the original plan for the partition of the work it was + estimated that their lines would probably be connected in the parallel + of the river Ouelle, about 30 miles south of Temiscouata portage, when + it was found that, from unforeseen delays in the transportation of the + party of J. Renwick by sea to their work, and on the river St. Lawrence + from one station to another, it became doubtful whether he could pass + the Temiscouata portage before the woods became impassable, his + colleague continued his parties in the field until the junction was + effected. In this way, while the expenses of the division of J. Renwick + have not been materially diminished, those of the division of A. Talcott + have been largely increased; but a portion of the general work has been + accomplished which might otherwise have been left incomplete. +</p> +<p> + The undersigned, in conclusion, beg leave respectfully to urge the + importance of a speedy appropriation to enable them to make up their + report. A delay of any continuance will be productive of evil, either by + enhancing the cost of office work or by rendering it difficult in + consequence of the dispersion of the engineers and surveyors by whom the + field notes have been taken. Upon the completion only of such a report + will it be possible to render apparent how much of the whole task has + been accomplished and how much remains to be performed; and the + Department will then have it in its power to decide whether the part + that has not been completed is of such importance to the question at + issue as to require further operations upon it. +</p> +<p> + All which is respectfully submitted. +</p> +<p class="r"> +JAS. RENWICK,<br> + A. TALCOTT,<br> + J.D. GRAHAM,<br> + <i>Commissioners</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 25, 1842</i>. +</p> +<p> + Hon. DANIEL WEBSTER, +<br> + <i>Secretary of State</i>. +</p> +<p> + SIR: The undersigned, commissioners appointed by the President of the + United States for the purpose of surveying and exploring the boundary + line between the States of Maine and New Hampshire and the British + Provinces, beg leave, in compliance with your directions, to submit an + estimate for the operations of the commission for the ensuing year. +</p> +<p> + So much of your directions as regards the state of the survey and the + amount required to complete the office work preparatory to a report has + already been laid before you in their report of the 4th January, 1842, + prepared in anticipation of your orders. By reference thereto it will + appear that the delineation of the meridian of the source of St. Croix + has not, in spite of every effort on the part of the commissioner to + whom it was assigned, been pursued farther than 81 miles from the + monument. Sixty-four miles, therefore, of the said meridian line remain + to be surveyed before this part of their task is completed. The other + two commissioners, while they would not have hesitated to join in a + final report in case the state of the survey of the meridian line would + have permitted it, are aware that the hasty manner in which their work + was performed, in anticipation of completing the object of their + appointment during the past year, leaves room for a more accurate + examination of some parts of the lines they have surveyed. Some + portions, also, of the lines intrusted to them, respectively, were not + reached; and, in addition, a part of the survey which was contemplated + in their original instructions from your predecessor was not included in + their estimates for the past year, in consequence of its having only a + collateral relation to the main object. +</p> +<p> + Thus the surveys respectively undertaken by Messrs. Talcott and Graham + of the lines claimed on the part of Great Britain and by Messrs. Mudge + and Featherstonhaugh, although brought near to each other, have not been + united, and a part of the highlands claimed by the United States near + the source of the Rimouski was not reached by the parties of Professor + Renwick. +</p> +<p> + The height of a part of the line explored by Captain Talcott in 1840, + lying at the source of Arnolds River, was not determined for the want of + a barometer. +</p> +<p> + Two or three miles in length of the line of highlands near the source of + the river Du Loup require to be reexamined. +</p> +<p> + The longitudes of Lake Megantic, Lake Etchemin, the source of the + Metjarmette, upon the line of Captain Talcott, and of some one point + on the line of Professor Renwick ought to be ascertained with greater + precision than the time that could be allowed during the last season + would permit. +</p> +<p> + The instructions of Mr. Forsyth contemplated an exploration of the + highlands described in the proclamation of 1763 as beginning on the + north shore of the Bay of Chaleurs. The existence of a continuous + elevated region from the tide of that bay to the termination of the + exploring meridian line has been ascertained in a manner satisfactory to + the commission, but the heights have not been measured on that part of + it which lies nearest to the Bay of Chaleurs. +</p> +<p> + Under these circumstances the undersigned are of opinion that as no + delay in the presentation of a final report will arise from further + explorations of the parts of the territory thus pointed out and the more + accurate examination of the uncertain matters, it would add to the + confidence which may be placed in their results that a party be employed + under the direction of each of the above-named commissioners upon the + said work. For this object it is estimated— +</p> +<p> + 1. That $25,000 in all, say $12,500 to be expended under the direction + of each of the two above-named commissioners, will suffice. A less sum + than this will not keep two parties in the field during the working + season; a larger sum could not advantageously be expended on this part + of the work. +</p> +<p> + 2. In estimating the amount necessary for completing the delineation of + the meridian of the source of the river St. Croix, it will be borne in + mind that numerous astronomical observations must be made in aid of the + operations with the transit instrument, in order constantly to preserve + the true north direction, a condition of the utmost consequence, not + alone as affecting the extent of territory that will be embraced by + it, but more particularly because the character and position of the + highlands alluded to in the treaty of 1783 would be exhibited in a very + different light as encountered by a line running <i>due north</i>, as is + required by the treaty, and by one varying even in a slight degree from + that direction. This principle has already been exhibited in a striking + manner by the trace of the meridian line as far as it has now + progressed, for instead of encountering highlands in the latitude of + Mars Hill having a claim to be considered those described in the treaty + as the intended boundary between the two countries, the line as recently + traced actually passes that latitude at an elevation of less than + 10 feet above the level of the monument, and the greatest elevation + encountered by this line in passing over any spur connected with Mars + Hill is 63 feet above the level of the monument. In advance of this spur + the line becomes again depressed below the level of the monument at + several points before it reaches the Aroostook. +</p> +<p> + These, however, are only a few of the many facts that might be adduced + from the surveys already made to show how important it is to the + question at issue that every necessary means to avail of the aids + of science should be adopted in order to preserve scrupulously the + direction specified in the treaty while tracing this line. It must also + be remembered that in the further prosecution of this duty a wilderness + has to be traversed, totally uninhabited and totally without roads. The + only means of progressing through it and of transporting the necessary + provisions and the instruments indispensable to accuracy will be by + means of canoes, for supplying two or three depots at points where Grand + River and the waters of the Restigouche intersect the line, leaving the + whole transportation along the meridian to be performed by packmen, or + men carrying burdens on their backs. That the usual avenue to give an + unimpeded view along the line must be opened through a dense forest, + which in the neighborhood of all streams crossing it will still be + found to consist of that swampy growth described in the report from the + undersigned of the 4th of January instant as requiring so much labor to + cut through it. +</p> +<p> + With all these circumstances in view, the following estimate for the + completion of the survey of the meridian line and for some further + surveys between that line and the source of the Aroostook is submitted; + and it is intended to embrace the expense of completing both the field + and the office wort that will require to be done in order to a final + accomplishment of the duties: +</p> +<table summary="Financial data" class="t"> +<tr><td colspan="2"> + <center><i>Estimate for the meridian line</i>.</center></td></tr> +<tr><td> + 1. Pay of 4 assistant engineers from May 1, 1842, + to March 31, 1843, being 304 days, at $4 per day each </td><td align="right" valign="bottom">$4,864.00</td></tr> +<tr><td> + 2. Pay of 3 other assistant engineers from May 1, 1842, + to December 31, 1842, being 275 days, at $3 per day each </td><td align="right" valign="bottom">2,475.00</td></tr> +<tr><td> + 3. Hire of 30 men as axmen, and for preparing, constructing, + and erecting stations and signals in advance, from June 1 + to November 30, 1842, being 183 days, at $1 each per day </td><td align="right" valign="bottom">5,490.00</td></tr> +<tr><td> + 4. Hire of 30 other men as instrument carriers, chain + bearers, canoe men, and packmen for 183 days, as + above, at $1 per day each </td><td align="right" valign="bottom">5,490.00</td></tr> +<tr><td> + 5. Hire of 1 carpenter and 2 cooks 183 days, as above, + at $1.25 per day each </td><td align="right" valign="bottom">686.25</td></tr> +<tr><td> + 6. Subsistence of 1 commissioner, 7 assistant engineers, + 1 carpenter, 2 cooks, and 60 men, as above, being in all + 71 persons, while in the field, 183 days at 50 cents per + day each, including transportation of provisions to + Grand Falls of St. John, or first depot </td><td align="right" valign="bottom">5,496.50</td></tr> +<tr><td> + 7. Purchase of barometers and repairs of instruments + heretofore used </td><td align="right" valign="bottom">800.00</td></tr> +<tr><td> + 8. Salary of commissioner </td><td align="right" valign="bottom">3,000.00</td></tr> +<tr><td> + 9. Contingencies, including Stationery, office rent, + and fuel, and transportation of engineers and + commissioner to and from the field </td><td align="right" valign="bottom">1,500.00</td></tr> +<tr><td> + Total required for the meridian line </td><td align="right" valign="bottom">30,801.75</td></tr> +</table> +<p> + That is to say, $30,801.75, making the whole amount for the work yet + to be performed in the field on all parts of the boundary and for the + office work that will be consequent from the said field work $55,801.75 +</p> +<p> + All which is respectfully submitted. +</p> +<p class="r"> +JAS. RENWICK,<br> + A. TALCOTT,<br> + J.D. GRAHAM,<br> + <i>Commissioners</i>. +</p> + +<table summary="Financial data" class="t"> +<tr><td colspan="2"><center> RECAPITULATION.</center></td></tr> +<tr><td> + 1. Amount of estimate for completing the surveys yet + required to be made on the boundary, as above stated </td><td align="right" valign="bottom">$55,801.75</td></tr> +<tr><td> + 2. Amount of estimate rendered with report of January 4, + 1842, for completing maps of surveys already made, etc. </td><td align="right" valign="bottom">10,500.00</td></tr> +<tr><td> + Aggregate amount required </td><td align="right" valign="bottom">66,301.75</td></tr> +</table> + +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>February 9, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 7th of + February, 1842, in the following words— +</p> +<p> + <i>Resolved</i>, That the President of the United States inform this House + under what authority the commission, consisting of George Poindexter + and others, for the investigation of the concerns of the New York + custom-house was raised; what were the purposes and objects of said + commission; how many persons have in any way been connected with it, and + the compensation received or to be received by each; and the aggregate + amount of every description of said commission, and out of what fund the + said expenditures have been or are to be paid— +</p> +<p> + I have to state that the authority for instituting the commission + mentioned in said resolution is the authority vested in the President of + the United States to "take care that the laws be faithfully executed, + and to give to Congress from time to time information on the state of + the Union, and to recommend to their consideration such measures as he + shall judge necessary and expedient." +</p> +<p> + The expediency, if not the necessity, of inquiries into the transactions + of our custom-houses, especially in cases where abuses and malpractices + are alleged, must be obvious to Congress, and that investigations of + this kind were expected to be made appears from the provision in the + twenty-first section of the act of 1799, "which enjoins collectors + of the customs to submit their books, papers, and accounts to the + inspection of such persons as shall be appointed for that purpose." +</p> +<p> + The purposes and objects of the commission will be explained by the + commission itself, a copy of which, together with information on the + other subjects mentioned in the resolution, will at the proper time be + laid before Congress. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 11, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the request of the governor of the Territory of Iowa, + I have the honor to submit the accompanying memorials<a href="#note-20"><small>20</small></a> and joint + resolutions<a href="#note-20"><small>20</small></a> of the council and house of representatives of that + Territory to your consideration. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 14, 1842</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 + 3d instant, I transmit herewith a report<a href="#note-21"><small>21</small></a> from the Secretary of State, + with copies of the papers requested by the resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 16, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a communication addressed to me by the Secretary of + War, in relation to certain contracts entered into by a board of medical + officers appointed for that purpose for the purchase of sites on the + western waters for the erection of marine hospitals; and concurring + fully in his views of the subject, I recommend that either an + appropriation of $44,721 be made for the purpose of satisfying the + claims of the individuals with whom the contracts were made or that the + Department of War be authorized to reconvey to them their lands and + annul the contracts. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 18, 1842</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I have the honor to invite the attention of Congress to the accompanying + letter, addressed to me by the Secretary of State. You will doubtless + perceive the importance of furnishing a uniform rule for the guidance + of the public officers in the matter referred to in the Secretary's + letter.<a href="#note-22"><small>22</small></a> +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 19, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives + of the 8th instant, I have the honor to submit the accompanying + communication<a href="#note-23"><small>23</small></a> from the Secretary of State and the correspondence + on the subject referred to by the resolution of the House. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate herewith a report from the Secretary of State, + with an accompanying paper,<a href="#note-24"><small>24</small></a> in answer to their resolution of the + 18th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 26, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + The resolution of the House of Representatives of the 21st instant, + requesting the President of the United States to communicate to that + body, "if not incompatible with the public interest, the state of the + negotiation between the United States and the Government of Great + Britain in relation to the northeastern boundary of the State of Maine, + and also all correspondence on that subject between the two Governments + not hitherto communicated," has been transmitted to me. Desirous always + to lay before Congress and the public everything affecting the state of + the country to the fullest extent consistent with propriety and + prudence, I have to inform the House of Representatives that in my + judgment no communication could be made by me at this time on the + subject of its resolution without detriment or danger to the public + interests. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 28, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have the honor to submit copies of the correspondence<a href="#note-25"><small>25</small></a> and other + documents called for by the resolution of the House of Representatives + of the 2d February. +</p> +<p> + I am not informed of the existence of any official opinion of the late + Judge Johnson on the unconstitutionality of the act or acts of the State + of South Carolina upon the subject referred to in the resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 8, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I feel it to be my duty to invite your attention to the accompanying + communication from the Secretary of the Treasury, in relation to the + probable demands which will be made upon the Treasury for the present + quarter. It will be seen that, without arresting the requisitions which + will be made by the War and Navy Departments for the months of March, + April, and May, there will be an unprovided-for deficit of upward of + three millions. +</p> +<p> + I can not bring myself, however, to believe that it will enter into the + view of any department of the Government to arrest works of defense now + in progress of completion or vessels under construction or preparation + for sea. Having due regard to the unsettled condition of our foreign + relations and the exposed situation of our inland and maritime frontier, + I should feel myself wanting in my duty to the country if I could + hesitate in urging upon Congress all necessary appropriations for + placing it in an attitude of strength and security. Such recommendation, + however, has heretofore been made in full reliance as well on Congress + as on the well-known patriotism of the people, their high sense of + national honor, and their determination to defend our soil from the + possibility, however remote, of a hostile invasion. +</p> +<p> + The diminution in the revenue arising from the great diminution of + duties under what is commonly called the compromise act necessarily + involves the Treasury in embarrassments, which have been for some years + palliated by the temporary expedient of issuing Treasury notes—an + expedient which, affording no permanent relief, has imposed upon + Congress from time to time the necessity of replacing the old by a new + issue. The amount outstanding on the 4th of March, 1840, varies in no + great degree from the amount which will be outstanding on the 1st + of January next, while in the interim the new issues are rendered + equivalent to the redemption of the old, and at the end of the fiscal + year leave an augmented pressure on the finances by the accumulation + of interest. +</p> +<p> + The contemplated revision of the tariff of duties may, and doubtless + will, lead in the end to a relief of the Treasury from these constantly + recurring embarrassments, but it must be obvious that time will be + necessary to realize the full anticipations of financial benefit from + any modification of the tariff laws. In the meantime I submit to + Congress the suggestions made by the Secretary, and invite its prompt + and speedy action. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>March 8, 1842</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + In my message of the 7th of December I suggested to Congress the + propriety, and in some degree the necessity, of making proper provisions + by law within the pale of the Constitution for the removal at their + commencement and at the option of the party of all such cases as might + arise in State courts involving national questions or questions touching + the faithful observance and discharge of the international obligations + of the United States from such State tribunal to the Federal judiciary. + I am urged to repeat at this time this recommendation by the receipt of + intelligence, upon which I can rely, that a subject of Great Britain + residing in Upper Canada has been arrested upon a charge of connection + with the expedition fitted out by the Canadian authorities by which the + <i>Caroline</i> was destroyed, and will in all probability be subjected to + trial in the State courts of New York. It is doubtful whether in this + state of things, should his discharge be demanded by the British + Government, this Government is invested with any control over the + subject until the case shall have reached the court of final resort of + the State of New York and been decided in that court; and although such + delay ought not, in a national point of view to give cause of umbrage + to Great Britain, yet the prompt and instant rendering of justice to + foreign nations should be placed among our highest duties. I can not, + therefore, in consideration of what properly becomes the United States, + and in anticipation of any demand from a foreign government for the + discharge of one of its subjects, forego the duty of repeating my + recommendation to Congress for the immediate Adoption of some suitable + legislative provision on this subject. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>March 11, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of the + 23d ultimo, I communicate to that body a report from the Secretary of + State, conveying copies of the correspondence<a href="#note-26"><small>26</small></a> which contains the + information called for by said resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 12, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have reason to think that the rejection of Silas Reed as + surveyor-general of Illinois and Missouri on the evening of the last day + of the session of the Senate at the last session of Congress was founded + in a misapprehension of facts, which, while it deprived the public of + the services of a useful officer, left him to suffer a considerable + degree of injustice in his reputation. After mature reflection upon all + the circumstances of his case, and particularly of facts which have + become known since his rejection, I have felt it my duty to submit his + nomination for the same office anew to the Senate for its advice and + consent. +</p> +<p> + I therefore nominate Silas Reed to be surveyor-general of Illinois and + Missouri, in place of Joseph C. Brown, removed. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + MARCH 15, 1842. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I take the earliest moment to correct an error into which I + inadvertently fell in my message of the 12th instant, nominating Silas + Reed to be surveyor-general for Illinois and Missouri. In that message I + represent the nominee as being rejected by the Senate on the evening of + the last day of the last session of Congress, when upon a more accurate + inquiry I find that he was rejected on the 14th of August, 1841, and + his successor nominated on the 23d August and confirmed on the 13th + September, which was the last day of the last session of Congress, and + which fact had become identified in my memory, upon which I drew when + I wrote the message, with the fact of his rejection. +</p> +<p> + I hasten to make the correction, not deeming it, however, of much moment + in regard to the real merits of the nomination; for whether the + rejection occurred on the last or any other day of the session, if done + under a misapprehension or mistake of the facts, the Senate, I doubt + not, will take equal pleasure in correcting the error. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>March 17, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 2d ultimo, requesting + information in regard to the demarcation of the boundary line between + the United States and the Republic of Texas, I transmit a report from + the Secretary of State and the papers by which it was accompanied. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>March 17, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have the honor to submit the accompanying report and documents<a href="#note-27"><small>27</small></a> from + the Postmaster-General, in compliance with the resolution of the Senate + of the 16th February. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 23, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + A resolution adopted by the House of Representatives on the 16th + instant, in the following words, viz, "<i>Resolved</i>, That the President of + the United States and the heads of the several Departments be requested + to communicate to the House of Representatives the names of such of the + members (if any) of the Twenty-sixth and Twenty-seventh Congresses who + have been applicants for office, and for what offices, distinguishing + between those who have applied in person and those whose applications + were made by friends, whether in person or by writing," has been + transmitted to me for my consideration. +</p> +<p> + If it were consistent with the rights and duties of the executive + department, it would afford me great pleasure to furnish in this, as in + all cases in which proper information is demanded, a ready compliance + with the wishes of the House of Representatives. But since, in my view, + general considerations of policy and propriety, as well as a proper + defense of the rights and safeguards of the executive department, + require of me as the Chief Magistrate to refuse compliance with the + terms of this resolution, it is incumbent on me to urge, for the + consideration of the House of Representatives, my reasons for declining + to give the desired information. +</p> +<p> + All appointments to office made by a President become from the date of + their nomination to the Senate official acts, which are matter of record + and are at the proper time made known to the House of Representatives + and to the country. But applications for office, or letters respecting + appointments, or conversations held with individuals on such subjects + are not official proceedings, and can not by any means be made to + partake of the character of official proceedings unless after the + nomination of such person so writing or conversing the President shall + think proper to lay such correspondence or such conversations before the + Senate. Applications for office are in their very nature confidential, + and if the reasons assigned for such applications or the names of the + applicants were communicated, not only would such implied confidence be + wantonly violated, but, in addition, it is quite obvious that a mass of + vague, incoherent, and personal matter would be made public at a vast + consumption of time, money, and trouble without accomplishing or tending + in any manner to accomplish, as it appears to me, any useful object + connected with a sound and constitutional administration of the + Government in any of its branches. +</p> +<p> + But there is a consideration of a still more effective and lofty + character which is with me entirely decisive of the correctness of the + view that I have taken of this question. While I shall ever evince the + greatest readiness to communicate to the House of Representatives all + proper information which the House shall deem necessary to a due + discharge of its constitutional obligations and functions, yet it + becomes me, in defense of the Constitution and laws of the United + States, to protect the executive department from all encroachment on + its powers, rights, and duties. In my judgment a compliance with the + resolution which has been transmitted to me would be a surrender of + duties and powers which the Constitution has conferred exclusively on + the Executive, and therefore such compliance can not be made by me nor + by the heads of Departments by my direction. The appointing power, so + far as it is bestowed on the President by the Constitution, is conferred + without reserve or qualification. The reason for the appointment and + the responsibility of the appointment rest with him alone. I can not + perceive anywhere in the Constitution of the United States any right + conferred on the House of Representatives to hear the reasons which an + applicant may urge for an appointment to office under the executive + department, or any duty resting upon the House of Representatives by + which it may become responsible for any such appointment. +</p> +<p> + Any assumption or misapprehension on the part of the House of + Representatives of its duties and powers in respect to appointments by + which it encroaches on the rights and duties of the executive department + is to the extent to which it reaches dangerous, impolitic, and + unconstitutional. +</p> +<p> + For these reasons, so perfectly convincing to my mind, I beg leave + respectfully to repeat, in conclusion, that I can not comply with the + request contained in the above resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>March 25, 1842</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + Notwithstanding the urgency with which I have on more than one occasion + felt it my duty to press upon Congress the necessity of providing the + Government with the means of discharging its debts and maintaining + inviolate the public faith, the increasing embarrassments of the + Treasury impose upon me the indispensable obligation of again inviting + your most serious attention to the condition of the finances. + Fortunately for myself in thus bringing this important subject to your + view for a deliberate and comprehensive examination in all its bearings, + and I trust I may add for a final adjustment of it to the common + advantage of the whole Union, I am permitted to approach it with perfect + freedom and candor. As few of the burdens for which provision is now + required to be made have been brought upon the country during my short + administration of its affairs, I have neither motive nor wish to make + them a matter of crimination against any of my predecessors. I am + disposed to regard, as I am bound to treat, them <i>as facts</i> which can + not now be undone, and as deeply interesting to us all, and equally + imposing upon all the most solemn duties; and the only use I would make + of the errors of the past is by a careful examination of their causes + and character to avoid if possible the repetition of them in future. + The condition of the country, indeed, is such as may well arrest the + conflict of parties. +</p> +<p> + The conviction seems at length to have made its way to the minds of all + that the disproportion between the public responsibilities and the means + provided for meeting them is no casual nor transient evil. It is, on the + contrary, one which for some years to come, notwithstanding a resort to + all reasonable retrenchments and the constant progress of the country + in population and productive power, must continue to increase under + existing laws, unless we consent to give up or impair all our defenses + in war and peace. But this is a thought which I am persuaded no + patriotic mind would for a moment entertain. Without affecting an alarm, + which I do not feel, in regard to our foreign relations, it may safely + be affirmed that they are in a state too critical and involve too many + momentous issues to permit us to neglect in the least, much less to + abandon entirely, those means of asserting our rights without which + negotiation is without dignity and peace without security. +</p> +<p> + In the report of the Secretary of the Treasury submitted to Congress + at the commencement of the present session it is estimated that after + exhausting all the probable resources of the year there will remain a + deficit of about $14,000,000. With a view partly to a permanent system + of revenue and partly to immediate relief from actual embarrassment, + that officer recommended, together with a plan for establishing a + Government exchequer, some expedients of a more temporary character, + viz, the issuing of Treasury notes and the extension of the time for + which the loan authorized to be negotiated by the act of the last + session should be taken. Congress accordingly provided for an issue of + Treasury notes to the amount of $5,000,000, but subject to the condition + that they should not be paid away below par. +</p> +<p> + No measure connected with the last of the two objects above mentioned + was introduced until recently into the House of Representatives. Should + the loan bill now pending before that body pass into a law for its + present amount, there would still remain a deficit of $2,500,000. It + requires no argument to show that such a condition of the Treasury is + incompatible not only with a high state of public credit, but with + anything approaching to efficiency in the conduct of public affairs. + It must be obvious even to the most inexperienced minds that, to say + nothing of any particular exigency, actual or imminent, there should + be at all times in the Treasury of a great nation, with a view to + contingencies of ordinary occurrence, a surplus at least equal in amount + to the above deficiency. But that deficiency, serious as it would be in + itself, will, I am compelled to say, rather be increased than diminished + without the adoption of measures adequate to correct the evil at once. + The stagnation of trade and business, in some degree incident to the + derangement of the national finances and the state of the revenue laws, + holds out but little prospect of relief, in the ordinary course of + things, for some time to come. +</p> +<p> + Under such circumstances I am deeply impressed with the necessity of + meeting the crisis with a vigor and decision which it imperatively + demands at the hands of all intrusted with the conduct of public + affairs. The gravity of the evil calls for a remedy proportioned to it. + No slight palliatives or occasional expedients will give the country the + relief it needs. Such measures, on the contrary, will in the end, as is + now manifest to all, too surely multiply its embarrassments. Relying, + as I am bound to do, on the representatives of a people rendered + illustrious among nations by having paid off its whole public debt, + I shall not shrink from the responsibility imposed upon me by the + Constitution of pointing out such measures as will in my opinion insure + adequate relief. I am the more encouraged to recommend the course which + necessity exacts by the confidence which I have in its complete success. + The resources of the country in everything that constitutes the wealth + and strength of nations are so abundant, the spirit of a most + industrious, enterprising, and intelligent people is so energetic and + elastic, that the Government will be without the shadow of excuse for + its delinquency if the difficulties which now embarrass it be not + speedily and effectually removed. +</p> +<p> + From present indications it is hardly doubtful that Congress will find + it necessary to lay additional duties on imports in order to meet the + ordinary current expenses of the Government. In the exercise of a sound + discrimination having reference to revenue, but at the same time + necessarily affording incidental protection to manufacturing industry, + it seems equally probable that duties on some articles of importation + will have to be advanced above 20 per cent. In performing this important + work of revising the tariff of duties, which in the present emergency + would seem to be indispensable, I can not too strongly recommend the + cultivation of a spirit of mutual harmony and concession, to which the + Government itself owes its origin, and without the continued exercise of + which jarring and discord would universally prevail. +</p> +<p> + An additional reason for the increase of duties in some instances beyond + the rate of 20 per cent will exist in fulfilling the recommendations + already made, and now repeated, of making adequate appropriations for + the defenses of the country. +</p> +<p> + By the express provision of the act distributing the proceeds of the + sales of the public lands among the States its operation is <i>ipso facto</i> + to cease so soon as the rate of the duties shall exceed the limits + prescribed in the act. +</p> +<p> + In recommending the adoption of measures for distributing the proceeds + of the public lands among the States at the commencement of the last + session of Congress such distribution was urged by arguments and + considerations which appeared to me then and appear to me now of great + weight, and was placed on the condition that it should not render + necessary any departure from the act of 1833. It is with sincere regret + that I now perceive the necessity of departing from that act, because I + am well aware that expectations justly entertained by some of the States + will be disappointed by any occasion which shall withhold from them the + proceeds of the lands. But the condition was plainly expressed in the + message and was inserted in terms equally plain in the law itself, and + amidst the embarrassments which surround the country on all sides and + beset both the General and the State Governments it appears to me that + the object first and highest in importance is to establish the credit of + this Government and to place it on durable foundations, and thus afford + the most effectual support to the credit of the States, equal at least + to what it would receive from a direct distribution of the proceeds of + the sales of the public lands. +</p> +<p> + When the distribution law was passed there was reason to anticipate that + there soon would be a real surplus to distribute. On that assumption + it was in my opinion a wise, a just, and a beneficent measure. But to + continue it in force while there is no such surplus to distribute and + when it is manifestly necessary not only to increase the duties, but at + the same time to borrow money in order to liquidate the public debt and + disembarrass the public Treasury, would cause it to be regarded as an + unwise alienation of the best security of the public creditor, which + would with difficulty be excused and could not be justified. +</p> +<p> + Causes of no ordinary character have recently depressed American credit + in the stock market of the world to a degree quite unprecedented. I need + scarcely mention the condition of the banking institutions of some of + the States, the vast amount of foreign debt contracted during a period + of wild speculation by corporations and individuals, and, above all, the + Doctrine of repudiation of contracts solemnly entered into by States, + which, although as yet applied only under circumstances of a peculiar + character and generally rebuked with severity by the moral sense of the + community, is yet so very licentious and, in a Government depending + wholly on opinion, so very alarming that the impression made by it to + our disadvantage as a people is anything but surprising. Under such + circumstances it is imperatively due from us to the people whom we + represent that when we go into the money market to contract a loan we + should tender such securities as to cause the money lender, as well at + home as abroad, to feel that the most propitious opportunity is afforded + him of investing profitably and judiciously his capital. A government + which has paid off the debts of two wars, waged with the most powerful + nation of modern times, should not be brought to the necessity of + chaffering for terms in the money market. Under such circumstances as I + have adverted to our object should be to produce with the capitalist a + feeling of entire confidence, by a tender of that sort of security which + in all times past has been esteemed sufficient, and which for the small + amount of our proposed indebtedness will unhesitatingly be regarded as + amply adequate. While a pledge of all the revenues amounts to no more + than is implied in every instance when the Government contracts a + debt, and although it ought in ordinary circumstances to be entirely + satisfactory, yet in times like these the capitalist would feel better + satisfied with the pledge of a specific fund, ample in magnitude to the + payment of his interest and ultimate reimbursement of his principal. + Such is the character of the land fund. The most vigilant money dealer + will readily perceive that not only will his interest be secure on + such a pledge, but that a debt of $18,000,000 or $20,000,000 would by + the surplus of sales over and above the payment of the interest be + extinguished within any reasonable time fixed for its redemption. + To relieve the Treasury from its embarrassments and to aid in meeting + its requisitions until time is allowed for any new tariff of duties + to become available, it would seem to be necessary to fund a debt + approaching to $15,000,000; and in order to place the negotiation of the + loan beyond a reasonable doubt I submit to Congress whether the proceeds + of the sales of the public lands should not be pledged for the payment + of the interest, and the Secretary of the Treasury be authorized out of + the surplus of the proceeds of such sales to purchase the stock, when it + can be procured on such terms as will render it beneficial in that way, + to extinguish the debt and prevent the accumulation of such surplus + while its distribution is suspended. +</p> +<p> + No one can doubt that were the Federal Treasury now as prosperous as it + was ten years ago and its fiscal operations conducted by an efficient + agency of its own, coextensive with the Union, the embarrassments of the + States and corporations in them would produce, even if they continued as + they are (were that possible), effects far less disastrous than those + now experienced. It is the disorder here, at the heart and center of the + system, that paralyzes and deranges every part of it. Who does not know + the permanent importance, not to the Federal Government alone, but to + every State and every individual within its jurisdiction, even in their + most independent and isolated individual pursuits, of the preservation + of a sound state of public opinion and a judicious administration here? + The sympathy is instantaneous and universal. To attempt to remedy the + evil of the deranged credit and currency of the States while the disease + is allowed to rage in the vitals of this Government would be a hopeless + undertaking. +</p> +<p> + It is the full conviction of this truth which emboldens me most + earnestly to recommend to your early and serious consideration the + measures now submitted to your better judgment, as well as those to + which your attention has been already invited. The first great want of + the country, that without answering which all attempts at bettering + the present condition of things will prove fruitless, is a complete + restoration of the credit and finances of the Federal Government. + The source and foundation of all credit is in the confidence which the + Government inspires, and just in proportion as that confidence shall + be shaken or diminished will be the distrust among all classes of the + community and the derangement and demoralization in every branch of + business and all the interests of the country. Keep up the standard of + good faith and punctuality in the operations of the General Government, + and all partial irregularities and disorders will be rectified by + the influence of its example; but suffer that standard to be debased + or disturbed, and it is impossible to foresee to what a degree of + degradation and confusion all financial interests, public and private, + may sink. In such a country as this the representatives of the people + have only to will it, and the public credit will be as high as it ever + was. +</p> +<p> + My own views of the measures calculated to effect this great and + desirable object I have thus frankly expressed to Congress under + circumstances which give to the entire subject a peculiar and solemn + interest. The Executive can do no more. If the credit of the country be + exposed to question, if the public defenses be broken down or weakened, + if the whole administration of public affairs be embarrassed for want of + the necessary means for conducting them with vigor and effect, I trust + that this department of the Government will be found to have done all + that was in its power to avert such evils, and will be acquitted of all + just blame on account of them. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>March 25, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have the honor herewith to submit a report<a href="#note-28"><small>28</small></a> from the Secretary of + the Navy, in compliance with your resolution of the 18th February, 1842. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 30, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit to the House of Representatives two extracts from a note + of the chargé d'affaires of the Republic of Texas accredited to this + Government to the Department of State, one suggesting in behalf of his + Government such modifications of the existing laws of the United States + as will impart greater facility to the trade between the two countries, + particularly to that which passes across their frontier, and the other + expressing a desire for some regulation on the part of this Government + by means of which the communication by post between the United States + and Texas may be improved. +</p> +<p> + As the wishes of the Texan Government in relation to those subjects can + only be gratified by means of laws to be passed by Congress, they are + accordingly referred to the consideration of the two Houses. +</p> +<p class="r"> JOHN TYLER.</p> +<center> + [The same message was sent to the Senate.] +</center> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 1, 1842</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + In part compliance with a resolution of the Senate of the 20th of July, + 1841, I transmit herewith a report<a href="#note-29"><small>29</small></a> from the Department of War. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 1, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In compliance with your resolution of the 21st of March, I have the + honor to submit the accompanying communication<a href="#note-30"><small>30</small></a> from the Secretary + of the Navy. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 4, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>. +</p> +<p> + In part compliance with a resolution of the House of Representatives + of the 21st March, 1842, I herewith communicate a report<a href="#note-31"><small>31</small></a> from the + Secretary of State. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 7, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I herewith transmit to the House of Representatives copies of a letter + addressed to the Secretary of State by the chairman of the board of + commissioners appointed to explore and survey the boundary line between + the States of Maine and New Hampshire and the adjoining British + Provinces, together with the report of the operations of that commission + to the 31st ultimo, and a profile of the meridian line from the source + of the St. Croix River as far as surveyed, illustrative of the report. +</p> +<p class="r"> JOHN TYLER.</p> +<center> + [The same message was sent to the Senate.] +</center> +<p> </p><p> </p> +<p class="r"> + DEPARTMENT OF STATE, +<br> + <i>Washington, March 31, 1842</i>. +</p> +<p> + Hon. DANIEL WEBSTER, +<br> + <i>Secretary of State</i>. +</p> +<p> + SIR: By directions of the board of commissioners for exploring and + surveying the northeastern boundary, I have handed you the papers + hereinafter specified, viz: +</p> +<p> + 1. The report of the operations of the commission up to the present + date. +</p> +<p> + 2. A profile of the meridian line of the source of the St. Croix as far + as surveyed, intended to illustrate the report. +</p> +<p> + 3. A portfolio of drawings intended for the same purpose. +</p> +<p> + 4. A roll marked Appendix No. 1, containing the narrative of the field + operations of the division of Professor Renwick. +</p> +<p> + 5. A tin case containing the detail of the surveys of the division of + Professor Renwick. +</p> +<p> + In reply to your inquiry in relation to the disposition of the said + papers, I am directed respectfully to suggest that all which it is + absolutely necessary to lay before Congress are the items 1 and 2, + which, with a general map now in preparation, will contain all that will + be of any general public interest. +</p> +<p> + The portfolio (No. 3) and the box of maps and profiles (No. 5) should + remain on file in the Department; and while a part of the drawings in + the former may be useful for illustration, the latter will be superseded + by the general map, in which will be embodied all that they contain of + importance to the question at issue. +</p> +<p> + Appendix No. 1, specified as No. 4 in the above list, will probably be + demanded hereafter to give authenticity to the conclusions of the report + (No. 1). It ought not, however, to be communicated until the Appendices + Nos. 2 and 3, containing the operations of the divisions of Messrs. + Graham and Talcott, are handed in; and of the three no more than a + limited number of copies will be useful. +</p> +<p> + I have the honor to be, with much respect, your most obedient servant, +</p> +<p class="r"> +JAS. RENWICK,<br> + <i>Chairman</i>. +</p> + +<p> </p><p> </p> + +<center> + <i>Report of the commissioners appointed by the President of the United + States for the purpose of surveying and exploring the boundary line + between the States of Maine and New Hampshire and the British + Provinces</i>. +</center> +<p class="r"> + WASHINGTON, <i>March 28,1842</i>. +</p> +<p> + Hon. DANIEL WEBSTER, +<br> + <i>Secretary of State</i>. +</p> +<p> + SIR: The duties assigned to the undersigned by the instructions of your + predecessor were twofold: +</p> +<p> + First. To explore and survey the lines respectively claimed by the + Governments of the United States and Great Britain. +</p> +<p> + Second. To examine and report upon the arguments contained in the report + of Messrs. Featherstonhaugh and Mudge addressed to the secretary of + state of Her Britannic Majesty for foreign affairs under date of 16th + April, 1840. +</p> +<center> + I. +</center> +<p> + In order to the more exact and successful performance of the duties + included under the first of the above heads, the boundary line was + divided by their instructions into three separate portions, one of + which was assigned to each of the commissioners; and while they were + instructed to assemble in a board for the purpose of comparing their + respective surveys, in view of the performance of the duties included + in the second of the above divisions their explorations have been + separately conducted. Each of the commissioners has employed the methods + and course of action most appropriate in his opinion to the successful + fulfillment of his appointed task, and the nature of the surveys + assigned to one of them has been of a character widely different from + those of his colleagues. The commissioners, therefore, while uniting in + a general report of the progress made up to this time in the duties of + their appointment, beg leave to submit, in the form of appendices, the + narrative of their several operations, with so much of the records + of their observations and calculations as they have severally judged + necessary to authenticate the conclusions at which they have arrived. +</p> +<p> + The progress which has been made in the labors of the commissioners + enables them at this time to lay before you— +</p> +<p> + 1. A description of the physical features of the disputed territory. +</p> +<p> + 2. A comparison of the heights of the line claimed by the United States + with those of the line styled the "axis of maximum elevation" by Messrs. + Featherstonhaugh and Mudge. In laying the latter before you they have, + in order to avoid delay, made use in part of the published results + obtained by those gentlemen, and although they have already detected + errors in their inferences they do not consider that by accepting them + for the moment as the basis of comparison they can be accused of + exhibiting the line claimed by Great Britain in an unfavorable light. +</p> +<center> + I.—DESCRIPTION OF THE DISPUTED TERRITORY. +</center> +<p> + The seacoast of the State of Maine is rugged and hilly. The primitive + rocks of which its geological structure is chiefly composed are broken + into ridges which run parallel to the great streams, and therefore in a + direction from north to south. These ridges terminate in an irregular + line, which to the east of the Penobscot may be identified nearly with + the military road to Houlton. From the northern summit of these ridges + an extensive view of the disputed territory can in many places be + obtained. This is the case at the military post at Houlton, whence a + wide extent of country may be seen. A still more perfect view may be + obtained from the summit of Parks Hill, at a point about 400 yards south + of the road from Houlton to Woodstock and about half a mile east of the + exploring meridian line. At the time when that line was run by the + British and American surveyors, under the fifth article of the treaty of + Ghent, the top of this hill was covered with wood, and they were obliged + to content themselves with the view from Park's barn, which is at least + 200 feet beneath the summit. At the present moment the latter is + cleared, and the view from west-southwest to northeast is unimpeded + except by a single clump of trees, which cuts off the view for a few + degrees in the northwest direction; but by a change of position every + part of the horizon between these points is to be seen. Toward the west + are seen ridges parallel to the Penobscot, over which Katahdin towers to + a great height, bearing by compass N. 85° W. In a direction N. 75° W. + are seen two distant peaks, one of which was identified as the + Traveller. All of these eminences lie south of the line claimed by Great + Britain. In the north-northwest direction there appear two ridges of + comparatively small elevation, which were pointed out as the Aroostook + Mountains, but have since been ascertained to lie near the sources of + the Meduxnikeag. These lie in the line claimed by Great Britain in 1817. +</p> +<p> + Between these and the other mountains there is evidently no connection, + and the rest of the country, as seen from the hill, bears the aspect + of a wooded plain. It will be sufficient to refer to this view to be + satisfied that all the impressions which have been circulated of a + continuous chain of elevations extending along the line claimed by + Great Britain are utterly fallacious. +</p> +<p> + Toward the north the country exhibits the same general features. One + vast and apparently unbroken plain extends to the utmost limits of the + visible horizon. In the midst of this, and at a distance of nearly 30 + miles, Mars Hill alone breaks the monotonous prospect, and from its + isolated position assumes to the eye an importance to which its altitude + of less than 1,800 feet would not otherwise entitle it. No other + eminences are to be seen in this direction, except a round peak bearing + a few degrees west of north and some distant ridges about an equal + distance to the east. The first of these has been ascertained by the + surveys of Major Graham to be an isolated hill near the peak known as + Quaquajo. The eastern ridges are probably those measured between the + Tobique and the Bay of Chaleurs by the British commissioners. A sketch + of this view from Parks Hill is annexed to the report, and lest any + doubt be entertained of its accuracy it is proper to state that the + unassisted vision was not relied upon, but that the outlines were + carefully delineated by means of the camera lucida. +</p> +<p> + From this view it might be inferred that the northern part of the + admitted possessions of the United States to the east of the Penobscot + and the disputed territory as far as visible constitute a vast + table-land slightly inclined toward the southeast. +</p> +<p> + On descending into the valley of the St. John the appearances change. + The tableland is cut to a great depth by that stream, and from its bed + the broken edges of the great plain look like ridges whose height is + exaggerated to the senses in consequence of their being densely clothed + with wood. The same is the case with all the branches of this river, + which also cut the table-land to greater or less depths according to + their distance from the stream into which they discharge themselves. +</p> +<p> + The want of a true highland or mountainous character in this region is + obvious from the aspect it presents in the two different points of view. + Mountainous regions are most imposing when seen from a distance and from + heights. On a nearer approach, and from the valleys which intersect + them, the elevations, so important in the distant view, are hidden + by their own slopes or lose the appearance of relative elevation in + consequence of the absolute heights of the valleys themselves. In + conformity with this character, the line claimed by the United States + for the most part presents, when seen at a distance, the appearance of + lofty and deeply serrated ridges, while to one who traverses it it is a + labyrinth of lakes, morasses, and short but steep elevations which hide + its peaks from the valleys and streams. +</p> +<p> + The line claimed by Great Britain, on the other hand, when seen from + a distance is as level as the surface of the ocean, with no greater + appearance of elevation and depression than would represent its billows; + while, seen from its own valleys, the heights assume an importance which + their elevation above the valleys when actually measured does not + warrant. The characteristics of the region through which the line of + Messrs. Mudge and Featherstonhaugh passes are therefore the opposite of + those usually remarked in highland countries, while those of the line + claimed by the United States are the same as are always observed in + such regions. +</p> +<p> + This character of a table-land deeply cut by streams is well exhibited + in the section of their "axis of maximum elevation" by the British + commissioners. In that will be seen the mountains near the source of the + Aroostook, Alleguash, and Penobscot on the one hand, and of the Tobique + on the other, while the intervening space is occupied by a curve + resembling an inverted arch, of which the St. John occupies the + keystone. In a country of this character any line whatever would present + the appearance of a succession of eminences, and might by as liberal a + construction of the term as has been made by Messrs. Mudge and + Featherstonhaugh be called highlands. +</p> +<p> + The sameness of this general character is broken only by a single chain + of hills.<a href="#note-32"><small>32</small></a> This is a prolongation of Mars Hill toward the north, and, + being both of less height and breadth than that mountain, is hidden by + it from the view of a spectator on Parks Hill. Mars Hill is itself an + isolated eminence, and is in fact nearly an island, for the Presque Isle + and Gissiguit rivers, running the one to the north and the other to the + south of it, have branches which take their rise in the same swamp on + its northwestern side. To the north of the Des Chutes the ground again + rises, and although cut by several streams, and particularly by the + Aroostook, the chain is prolonged by isolated eminences as far as the + White Rapids, below the Grand Falls of the St. John, where it crosses + that river. It may thence be traced in a northern direction to the Sugar + Loaf Mountain, on the Wagansis portage, where it terminates. +</p> +<p> + To this broken chain belongs the elevation of 918 feet given by Messrs. + Mudge and Featherstonhaugh to an eminence in the neighborhood of the + Aroostook Falls. An accurate profile of so many of these eminences as + fall in the line of the connected meridian is herewith submitted. This + chain of eminences is not prolonged to the westward, as it is entirely + unconnected with any other height aspiring to the name of mountain in + that direction. +</p> +<p> + It is not in any sense a dividing ridge, being cut by all the streams in + the country, and in particular to a great depth by the St. John and the + Aroostook. +</p> +<p> + A section of this line was given in a report to the British commissioner + under the fifth article of the treaty of Ghent by Colonel Bouchette, the + surveyor-general of the Province of Canada. His heights were determined + by the barometer, and estimated from the assumed level of the monument + at the source of the St. Croix. +</p> +<p> + It would now appear that the section of Colonel Bouchette is very + inaccurate, and that the heights as reported by him are not only much + beyond the truth, but that the continually ascending slope ascribed by + him to the country from the monument at the source of the St. Croix to + the point where the due north line crosses the St. John is entirely + erroneous. He, however, adroitly availed himself of this inaccurate + section to attempt to prove the existence of a continuous chain of + mountains from Katahdin to the Great Falls of the St. John, and thence + around the southwestern branches of the Restigouche until it met the + heights rising from the north shore of the Bay of Chaleurs. For this + reason his view taken from Park's barn and that made by Mr. Odell from + the same point were urged for admission as evidence on oath by the + British agent, and the map of Mr. Johnson, which contradicted this + evidence, was carefully excluded. It can not be concealed that could + Colonel Bouchette's idea founded on erroneous premises have been + established by indisputable facts it would have been the most fatal + argument that has ever been adduced against the American claim, for he + would have argued that the meridian line of the St. Croix would at Mars + Hill have first intersected highlands which, rising from the north shore + of the Bay of Chaleurs, would have appeared to divide until within a few + miles of the Grand Falls of the St. John waters which fall into the St. + Lawrence from those which fall into the Atlantic, and would have been + the south boundary of the Province of Quebec. +</p> +<p> + Mars Hill would then have appeared to be in truth as well as in claim + the northwest angle of the Province of Nova Scotia; and although the + rest of the line would not have fulfilled the conditions, the United + States might by an arbitrator have been compelled to accept this point + as the beginning of their boundary. Nor, in the unexplored state of the + country, is it by any means certain that the American agent, who does + not seem to have seen the drift of the proceedings of Colonel Bouchette, + would have been prepared with the adverse facts, which are now known to + be undeniable. It may therefore be considered fortunate for the claim of + the United States that the survey was afterwards intrusted to a surveyor + who, in pursuit of the double object of encroachment on the United + States and the enlargement of his native Province at the expense of + Canada, signally failed in the proof of either of his positions. +</p> +<p> + The knowledge now acquired shows that the idea of Colonel Bouchette is + unsupported by the facts of the case, for the highlands which rise from + the north shore of the Bay of Chaleurs do not meet those in which the + most southerly branch of the Restigouche takes its rise. +</p> +<p> + The British commissioners, although they give a profile of this ridge, + do not pretend to have examined it except at Mars Hill, near the + Aroostook, and at the Grand Falls of the St. John. It must be remarked + that these profiles (the original one of Colonel Bouchette and that + exhibited by themselves) are contrasted—one British authority with + another—for the purpose of invalidating the ground on which the + American claim is founded. +</p> +<p> + It is not our business to reconcile these conflicting authorities, but + it is our duty to recall the recollections of the fact that no part + of the American argument laid before the King of the Netherlands was + founded on this or any other estimate of heights. Many elevations, + indeed, were measured with great pains on the part of the Americans + as well as of Great Britain. +</p> +<p> + On behalf of the United States Captain Partridge made many barometric + observations, while Mr. Johnson took an extensive series of vertical + and horizontal angles. His operations were performed in the presence of + Mr. Odell, the surveyor on behalf of Great Britain, who doubtless made + similar ones, as he visited the same stations with a better instrument + and for the same avowed purpose. Mr. Odell's observations were not + presented by the British agent, and those of Mr. Johnson were objected + to. If received, they would have set aside the pretensions that a + continuous ridge of mountains existed between the Metjarmette portage + and Mars Hill. They are, however, superseded by the operations of the + undersigned, which have yielded satisfactory evidence that no chain of + highlands in the sense of the British commissioners, or even an "axis of + maximum elevation," exists where it is laid down on their map. Nor can + it be doubted that the operations of Mr. Johnson had a decided advantage + in point of probable accuracy over theirs. The exploring meridian line + used as a base was measured with a tolerable degree of accuracy, and + from the three heights chosen by him the whole country is visible. +</p> +<p> + On the other hand, the course of Messrs. Mudge and Featherstonhaugh + being confined, except where they ascended Mars Hill, to the valleys of + the streams, they were for the most part excluded from a prospect. In + describing the view from Mars Hill, however, they have pictured in most + accurate terms the true features of the country: +</p> +<p> + "The character of the country may be well discerned and understood from + this insulated hill. It presents to the eye one mass of dark and gloomy + forest to the utmost limits of sight, covering by its umbrageous mantle + the principal rivers, minor streams, and scanty vestiges of the + habitation of man." +</p> +<p> + This description can only agree with that of a vast table-land into + which the streams cut so deep and form such narrow valleys as to be + invisible. +</p> +<p> + But if a chain of highlands, or even an "axis of maximum elevation," + had existed as they lay it down, within 20 miles, it would have been + visible, and it need not be said that they would not have failed to + describe it. The inconsistency between their map and this true and + forcible description of the features of the country is apparent. +</p> +<p> + The same general character of table-land is found to the north of the + St. John above the Grand Falls. Its first important northern tributary + is the Grand River. In ascending this stream the level of the table-land + is soon reached. The river runs between banks of very moderate elevation + and on a regular slope, and although running with great rapidity upon a + pebbly bed it is yet so tortuous that while its distance from its mouth + to the Wagansis portage in a straight line is no more than 13 miles the + meanders of its channel amount to 30. +</p> +<p> + On the Wagansis portage the table-land is terminated by a ridge whose + summit is elevated 264 feet above the wagansis<a href="#note-33"><small>33</small></a> of Grand River. It + was at first believed that this, although of small elevation, was a + dividing ridge, and that it might correspond to one construction which + has, although inaccurately, been put on the treaty of 1783. This belief + was speedily removed, for the rivulet on its northern side was found to + be cut off from the Restigouche by the Sugar Loaf Mountain, and is + therefore a branch either of the Grand River or of the stream which + falls into the St. John immediately above the Grand Falls. The height of + land which divides this rivulet from the wagan of the Restigouche is not + elevated above the former more than 117 feet. There is, in fact, at this + place a gap 5 or 6 miles in breadth in the great system of mountains + which extend from the Gulf of St. Lawrence at the Bay des Chaleurs to + the river St. Lawrence near the Temiscouata portage. At the northern + verge of the table-land which has been described, and near the mouth of + Green River, rises to the height of about 1,600 feet a mountain known + from the name of that stream. This is, like Mars Hill, isolated, and + affords an extensive view. To the north and west the prospect is bounded + by a continuous line of horizon, which, instead of being obviously below + the level of the eye, as in the view of the disputed territory from Mars + Hill, is evidently of even greater height than the Green River Mountain + itself. +</p> +<p> + On entering into this region from the south by any of the navigable + streams which traverse it, it presents a more decidedly mountainous + character than the country to the south. The Grande Fourche of + Restigouche is bordered by two continuous chains of mountains, rising + when it first issues from them to the height of a thousand feet above + its surface. The stream having a rapid fall, the relative elevation + becomes less until, in the neighborhood of the lake in which its north + branch first collects its waters, the relative elevation is not more + than four or five hundred feet. +</p> +<p> + On traversing this elevated country it presents a different aspect from + what is seen either from a distance or where it is entered from the + rivers. Frequent ridges are crossed; the tops of these are often + occupied by swamps filled with a thick growth of cedars. Deep and small + basins occur, which are occupied by lakes that give rise to rivers + flowing to the St. Lawrence or to the St. John. These are intermingled + with thickets of dwarf spruce, and the streams are sometimes bordered + by marshes covered by low alders, and sometimes cut deep into rocky + channels. In this apparent labyrinth one positive circumstance marks the + line of division, or the true height of land: The streams which run to + the St. John are all of the first description—sluggish—while those + which discharge themselves into the St. Lawrence are rapid, and have the + character of torrents. +</p> +<p> + On the western side of the disputed territory are ridges of rocky + hills running nearly north and south, and thus tending toward the + St. Lawrence, which they in some places reach and shut out the view + of the interior. +</p> +<p> + It thus becomes difficult to find a station whence the heights of land + can be viewed and its character exhibited. It has therefore been + hitherto possible for those who have argued in support of the claims + of Great Britain to represent without meeting with contradiction that + the streams which fall into the St. John had their rise in a country + possessed of none of that mountainous character which they urged was + essential to the epithet of highlands. There are, however, points where + a different character is apparent, and some of these are easy of access. + Thus, on the main mail road, along the Southeast Branch of the St. + Lawrence a mile northeast of the church of L'Islette, a rocky eminence + is passed, whence may be seen a bold group of mountains which have been + identified with the sources of the Ouelle, the Kamouraska, and Black + rivers. A view of this group is herewith presented. +</p> +<p> + From the height to the east of river Du Loup a view may be seen on a + clear day extending round 137° of the horizon, beginning with the + highlands of Bic, bearing N. 58° E., and terminating in a conical + mountain bearing S. 15° W. +</p> +<p> + The nearest and more conspicuous of these highlands (named those of St. + Andre) are on the river Fourche, a branch of the river Du Loup, whose + waters they divide from those of the St. Francis. A view of these is + also submitted herewith. +</p> +<p> + A similar view of the same panorama of highlands is obtained from Hare + Island, in the St. Lawrence, an outline of which, taken with the camera + lucida, is likewise submitted. About a quarter of a mile to the south + of the point where the Temiscouata portage crosses Mount Biort the + highlands may be seen at the head of Rimouski, bearing nearly east, + thence extending round by the north to the mountains of St. Andre, + bearing nearly west, forming about one-half of the entire horizon. + The entire panorama from the latter point, taken with the camera + lucida, along with copies of some daguerreotypes made at the same place, + are herewith submitted. Of the part of the line which extends to the + northeast from the source of the Etchemin for a distance of many miles, + a view may be almost constantly seen from the citadel of Quebec and from + the tops of the houses in that city. One still more satisfactory may be + obtained from the road between Quebec and the Falls of Montmorency, in + the neighborhood of the village of Belport. The latter views are in + particular referred to, as they are within the reach of numerous civil + and military officers of the British Government, who must assent to the + evidence of their own senses, which will prove that this region, the + position of the path pursued during the present year by Captain + Talcott's parties, is to all intents a range of highlands. +</p> +<p> + The boundary presents from these positions the aspect of a continuous + and deeply serrated ridge. +</p> +<p> + The geological character of the country can not be admitted as having + any bearing upon the subject under consideration. It never entered into + the views of the framers of the treaty of 1783, and therefore could + afford no illustrations of their intentions. +</p> +<p> + Were it admissible, however, it might be cited as an additional argument + that the dividing height which incloses the waters of the Connecticut + continues unchanged in its features until it is cut off by the deep + channel of the St. Lawrence. +</p> +<p> + Opportunities for observations of this character were most frequent on + the Temiscouata portage and on the banks of the St. Lawrence itself. It + was only on the former place that the relative geological heights of the + rocks could be observed by means of their outcrop. +</p> +<p> + The whole of the portage passes over stratified rocks dipping rapidly to + the southeast. They were found to be alternate groups of common and + talcose slate and of a rock made up principally of angular fragments of + white quartz (grauwacke). These are in all respects identical with rocks + which have been observed by one of the commissioners in place in + Berkshire County, Mass., and in Columbia and Rensselaer counties, N.Y., + and the description of geologists at various intervening points, as well + as the observations of Captain Talcott's parties, would tend to + establish the fact that the formations are continuous. +</p> +<p> + From these data it would appear probable that the rocks are a + prolongation of the western slope of the great range called by Mr. + Featherstonhaugh, in his report as United States geologist, the Atlantic + ridge. This formation, which is but a few miles in width where it + crosses the Hudson, appears gradually to widen as it proceeds to the + north, and was on the St. Lawrence found to prevail both at the river + Du Loup and at Grand Metis, dipping in the two places in opposite + directions and covered in the interval by the thick diluvial deposits + which form the valley of the Trois Pistoles. To render the analogy more + complete, in the valley of the outlet of the Little Lake (Temiscouata) + was found a vein of metalliferous quartz charged with peroxide of iron, + evidently arising from the decomposition of pyrites, being in fact the + same as the matrix of the gold which has been traced in the talcose + slate formation from Georgia to Vermont; and on the western shore of the + Temiscouata Lake, about a mile to the south of Fort Ingall, lie great + masses of granular carbonate of lime, identically resembling the white + marbles of Pennsylvania, Westchester County, N.Y., and Berkshire County, + Mass. +</p> +<p> + If the latter be in place, which, although probable, was not ascertained + beyond all question, the primitive carbonate of lime has exactly the + same relation to the slaty rocks which it bears in the latter locality. +</p> +<p> + The formations which have been spoken of appear to occupy the whole + extent of the country explored by the parties of Professor Renwick. + Everywhere the streams were found cutting through rocks of slate. On + the summits of many of the hills were found weathered masses of angular + quartz rocks, showing that while the slate had yielded to the action of + the elements, the harder and less friable rock had kept its place. The + ridges which intervene between the St. Lawrence at the river Du Loup + and Lake Temiscouata have the character, so well described by Élie de + Beaumont, of mountains elevated by some internal force. +</p> +<p> + To the eastward of Lake Temiscouata, on the other hand, the country has + the aspect of having once been a table-land, elevated on the average + about 1,700 feet above the level of the sea, and of having been washed + by some mighty flood, which, wearing away the softer rocks, had cut it + into valleys, forming a complex system incapable of being described in + words and only to be understood by inspection of a map. +</p> +<p> + 2.—COMPARISON OF THE ELEVATIONS OF THE BOUNDARY LINE CLAIMED BY THE + UNITED STATES WITH THOSE OF THE "AXIS OF MAXIMUM ELEVATION" OF MESSRS. + FEATHERSTONHAUGH AND MUDGE. +</p> +<p> + For the purpose of exhibiting the relative claims of the two lines to + the exclusive epithet of "the highlands" in the most clear and definite + manner, each of them will be considered as divided into three portions, + which will be contrasted with each other by pairs The first portion + of each of the lines is that which lies nearest to the point of + bifurcation, the residue of the American line is divided at the source + of the Ouelle, the remainder of the line of Messrs. Featherstonhaugh and + Mudge at that of the Aroostook Metjarmette portage is taken as the point + of bifurcation, whence waters run to the Penobscot, the St. John, and + the St. Lawrence. +</p> +<table summary="Geographic survey data" class="t"> +<tr><td> + On the American line from the Metjarmette portage + to Lake Etchemm— </td><td align="right" valign="bottom">Feet</td></tr> +<tr><td> + The maximum height is </td><td align="right" valign="bottom">1,718</td></tr> +<tr><td> + The minimum height is </td><td align="right" valign="bottom">1,218</td></tr> +</table> + +<p> + The minimum measured height is that of Lake Etchemm, which is lower + than the actual source of that stream, and whose omission as not upon + the dividing ridge would make the minimum greater. This height was + determined by the parties of A. Talcott, esq, by two distinct and + separate sets of observations, one of which was continued hourly for + several days, and no doubt can exist that it is as accurate a measure + as the barometer is capable of affording. In the report of Messrs. + Featherstonhaugh and Mudge this height is set down as no more than + 957 feet, but it is determined from a single observation. That it is + erroneous must be considered as demonstrated. In the map presented by + those gentlemen they have made use of this erroneous determination for a + purpose which, even were it correct, would not be warranted, for they on + its authority leave out all the symbols by which heights are represented, + and substitute therefore a dotted line with the inscription "Fictitious + hills of Mr. Burnham's map." The actual character of this part of the + American line is an undulating country. +</p> +<table summary="Geographic survey data" class="t"> +<tr><td> + On the line of Messrs. Featherstonhaugh and Mudge between + the Metjarmette portage and the Cocumgamoc Mountains— </td><td align="right" valign="bottom">Feet</td></tr> +<tr><td> + The maximum elevation is </td><td align="right" valign="bottom">2,302</td></tr> +<tr><td> + The minimum elevation is </td><td align="right" valign="bottom">987</td></tr> +</table> +<p> + This part of the line of Messrs. Featherstonhaugh and Mudge derives its + apparent advantage from the fact that it crosses the summit and occupies + the eastern slope of the highlands claimed by the United States. + Notwithstanding this, the difference in their elevation is not such as + to give it any decided superiority in its highland character. +</p> +<table summary="Geographic survey data" class="t"> +<tr><td> + On the American line from Lake Etchemm to the river Ouelle— </td><td align="right" valign="bottom">Feet</td></tr> +<tr><td> + The maximum height is </td><td align="right" valign="bottom">2,854</td></tr> +<tr><td> + The minimum height is </td><td align="right" valign="bottom">1,306</td></tr> +<tr><td> + On the line of Messrs Featherstonhaugh and Mudge from the + Cocumgamoc Mountains to the head waters of the Aroostook—</td></tr> +<tr><td> + The maximum height is </td><td align="right" valign="bottom">1,268</td></tr> +<tr><td> + The minimum height is </td><td align="right" valign="bottom">880</td></tr> +</table> +<p> + On the parts of the line thus contrasted the maximum height of that + claimed by Great Britain is less elevated than the lowest gap of that + claimed by the United States. +</p> +<table summary="Geographic survey data" class="t"> +<tr><td colspan="2"><center> + On the third portion of the American line</center></td></tr> +<tr><td> + From the head of the Ouelle to the Temiscouata portage— </td><td align="right" valign="bottom">Feet</td></tr> +<tr><td> + The maximum height is </td><td align="right" valign="bottom">2,231</td></tr> +<tr><td> + The minimum height is </td><td align="right" valign="bottom">853</td></tr> +<tr><td> + From the point where the line first crosses the Temiscouata + portage to Mount Paradis—</td></tr> +<tr><td> + The maximum height is </td><td align="right" valign="bottom">1,983</td></tr> +<tr><td> + The minimum height is </td><td align="right" valign="bottom">906</td></tr> +<tr><td> + From the Temiscouata portage to the head of the Abagusquash—</td></tr> +<tr><td> + The maximum height is </td><td align="right" valign="bottom">1,510</td></tr> +<tr><td> + The minimum height is </td><td align="right" valign="bottom">676</td></tr> +<tr><td> + From Abagusquash to the Rimouski Lake—</td></tr> +<tr><td> + The maximum height is </td><td align="right" valign="bottom">1,824</td></tr> +<tr><td> + The minimum height is </td><td align="right" valign="bottom">651</td></tr> +<tr><td> + From the Rimouski Lake to the northwest angle—</td></tr> +<tr><td> + The maximum height is </td><td align="right" valign="bottom">1,841</td></tr> +<tr><td> + The minimum height is </td><td align="right" valign="bottom">1,014</td></tr> +<tr><td> + The greatest elevation of the whole of the third part of the + American line, therefore, is </td><td align="right" valign="bottom">2,231</td></tr> +<tr><td> + The minimum is </td><td align="right" valign="bottom">651</td></tr> +</table> +<p> + The termination of the exploring meridian line falls into this part + of the American line. Its height of 1,519 feet was determined by two + separate observations, compared with others taken on Lake Johnson. + The height of the latter was calculated at 1,007 feet from a series + of observations continued for seventeen days, and is believed to be + as accurate as the method of the barometer is susceptible of. +</p> +<p> + This height of the termination of that line is estimated by Messrs. + Featherstonhaugh and Mudge at no more than 388 feet, and that of the + lake at no more than 363. In this estimate they reject the indications + of their own barometers, because the results of them would have + contradicted the previous impressions which seem to have governed all + their operations, viz, that the point claimed by the United States as + the northwest angle of Nova Scotia is not in an elevated region of + country.<a href="#note-34"><small>34</small></a> +</p> +<p> + On the third part of the British line from the sources of the Aroostook + to the Grand Falls of the St. John no height is reported as measured by + the British commissioners which exceeds 1,050 feet, while the greatest + height on their profile is 1,150 feet. The minimum height on their + profile, excluding the Aroostook at its mouth and its intersection with + the meridian line, is 243 feet, and the mean of the numbers entered by + them both on their map and profile is 665 feet. +</p> +<p> + It will therefore appear that if the profile of Messrs. Featherstonhaugh + and Mudge be correct the lowest gap on the third part of the American + line is about as high as the mean elevation of the part of the British + line with which it is compared. +</p> +<p> + The line claimed by the United States therefore possesses throughout in + a pre-eminent degree the highland character according to the sense at + one time contended for in the argument of Great Britain, and is, to use + the term of the British commissioners, "the axis of maximum elevation," + the mean of all the heights measured upon it being 1,459 feet, while + that of those measured on the line of Messrs. Featherstonhaugh and Mudge + is no more than 1,085 feet. +</p> +<p> + It is regretted that the computations of the barometric and other + observations for the determination of the heights of that portion of + the country between the valley of the St. John and the sources of the + Aroostook, explored by the division of Major Graham, could not be + completed in time to be made use of for this report in the description + of that portion of the line claimed for Great Britain by Messrs. + Featherstonhaugh and Mudge. This delay has been solely caused by + a want of reasonable time to complete this portion of the work, the + commissioner having direction of the division charged with it having + only returned from the field in the month of January. +</p> +<p> + Sufficient information is known, however, to have been derived from + those surveys to justify the assertion that, instead of the strongly + marked range of highlands represented by the British commissioners as + constituting a part of their "axis of maximum elevation," the country in + the vicinity of the Aroostook lying between its sources and the valley + of the St. John is devoid of the character they have attributed to it. + When properly represented upon a map it will appear as an extended + undulating surface of moderate elevation above the level of the + Aroostook River, sparsely interspersed with occasional detached + elevations rising to heights of 600 to 900 and 1,400 feet above the + level of the sea, but forming no continuous or connected chain whatever + in the direction represented by the British commissioners, or that could + be construed into the character of highlands such as are described in + the treaty of 1783.<a href="#note-35"><small>35</small></a> +</p> +<p> + In addition to the surveys upon the boundary line claimed by the United + States, an exploring line was run under the direction of Professor + Renwick, as is more particularly described in Appendix No. 1. This line + extended to an eminence on the eastern side of Lake Matapediac, elevated + 1,743 feet above the level of the sea. The views obtained from this + eminence established the fact that a chain of highlands extended thence + to the north shore of the Bay des Chaleurs. They are believed to + terminate in an eminence, which from its imposing appearance has been + called by the Scotch settlers at its foot Ben Lomond. This was measured + during the operations of the summer of 1840, and found to rise from + the tide of the bay to the height of 1,024 feet. This exploring line, + coupled with the more accurate surveys, appears to establish the fact of + the existence of a continuous chain of eminences entitled to the epithet + of highlands from the north shore of the Bay des Chaleurs at its western + extremity to the sources of the Connecticut River. Returning from the + latter point, they exhibit the aspect of well-marked ranges of mountains + as far as the sources of the Metjarmette. Thence to the sources of the + Etchemin extends an undulating country whose mean height is 1,300 or + 1,500 feet above the level of the sea. The boundary line is thence + prolonged to the Temiscouata portage over well-defined ridges to the + eastern side of Lake Temiscouata. At the sources of two of the streams + which run into this lake the minimum heights of 651 feet and 676 feet + have been observed. +</p> +<p> + With these exceptions, the sources of the streams which rise to the + north of the Temiscouata portage and between the lake of that name and + Lake Matapediac average more than 900 feet above the level of the sea. + For the purpose of describing this portion of the line claimed by the + United States, we may take this height of 900 feet as the elevation of + a horizontal plane or base. On this are raised knolls, eminences, and + short ridges whose heights above this assumed base vary from 300 to + 1,300 feet. The more elevated of these are universally designated by the + hunters who occasionally visit the country and the lumberers who search + it for timber as mountains clothed to the summit with wood, which, in + consequence of the rigor of the climate, attains but a feeble growth. + They have an aspect of much greater altitude than they in reality + possess, but their character as highlands is indisputable. This term, + which the first English visitors ascribed without hesitation to the + hills of New Jersey,<a href="#note-36"><small>36</small></a> whose altitude is about 300 feet above the + level of the sea, is much better merited by a group of eminences rising + from 300 to 1,300 feet above a base itself 900 feet in height, and which + exceed in elevation the well-known highlands of the Hudson River. +</p> +<p> + Not to rest merely on instances drawn from the language of those of + English birth who first settled or traded on the coast of the present + United States, there are in the immediate vicinity of the region in + question a range of eminences the highest of which is no more than + 1,206 feet above the level of the sea. These, on the authority of a + distinguished officer of Her Britannic Majesty's navy,<a href="#note-37"><small>37</small></a> are named + the "highlands of Bic," and have long been thus known by all the + navigators of the St. Lawrence who use the English tongue. +</p> +<p> + To sum up the results of the field operations of the commissioners: +</p> +<p> + (1) The meridian has been traced by astronomic observations from the + monument, established by the consent of both nations in 1798, at the + source of the St. Croix to a point 4 miles beyond the left bank of the + St. John in the neighborhood of the Grand Falls. In the course of this + not only has no highland dividing waters which run into the St. Lawrence + from those which run into the Atlantic been reached, but no common + source or reservoir of two streams running in opposite directions.<a href="#note-38"><small>38</small></a> + No place has, therefore, been found which by any construction proposed + or attempted to be put on the words of the treaty of 1783 can be + considered as the northwest angle of Nova Scotia. This point must, in + consequence, lie in the further prolongation of the meridian line to + the north. +</p> +<p> + (2) The streams whose title to the name of the northwesternmost head of + the Connecticut River is in dispute have been explored, and the line of + the highlands has been traced from their sources to the point at which + the lines respectively claimed by the two nations diverge from each + other. +</p> +<p> + (3) The line claimed by Messrs. Featherstonhaugh and Mudge, on the part + of Great Britain, has been in a great measure explored. +</p> +<p> + (4) The line of highlands claimed by the United States has, with some + small exceptions, been thoroughly examined, and its prolongation as far + as the north shore of the Bay of Chaleurs reconnoitered. The parts of + the line which have not been actually reached have been seen from a + distance, and streams flowing from them crossed and leveled. From the + former indication it is probable that the average height of those parts + exceeds that of the neighboring parts of the line. From the heights of + the streams it is certain that the lowest gaps in the unexplored portion + of the line can not be less elevated than 1,000 feet above the level of + the sea. +</p> +<p> + That part of this line of highlands which lies east of the sources of + the Rimouski fulfills to the letter the words of the royal proclamation + of 1763 and the contemporaneous commission of Governor Wilmot. The first + of those instruments defines the mouth of the river St. Lawrence by a + line drawn from Cape Rozier to the St. John River (on the Labrador + coast), and therefore all to the eastward of that line is "the sea." The + height of land thus traced by the commission, rising from the north + shore of the Bay des Chaleurs at its western extremity, divides waters + which fall into the river St. Lawrence from those which fall into the + sea, and is the southern boundary of the Province established by the + proclamation of 1763 under the name of Quebec. The identity of the line + defined in the proclamation of 1763 and the boundary of the United + States in the treaty of 1783 has been uniformly maintained on the part + of the United States, and is not merely admitted but strenuously argued + for in the report of Messrs. Featherstonhaugh and Mudge. +</p> +<p> + The undersigned therefore report that they have explored and in a great + measure surveyed and leveled a line of highlands in which the northwest + angle of Nova Scotia lies, and which in their opinion is the true + boundary between the States of Maine and New Hampshire and the British + Provinces. +</p> +<p> + II.—EXAMINATION OF THE ARGUMENT CONTAINED IN THE REPORT OF MESSRS. + MUDGE AND FEATHERSTONHAUGH. +</p> +<p> + The progress which has been made in the first portion of the duties + of the commissioners has been set forth in the preceding part of this + report. +</p> +<p> + Although, as will be there seen, the task of running the meridian line + of the monument marking the source of the St. Croix and of exploring and + surveying the lines of highlands respectively claimed by the Governments + of the United States and Great Britain has not been completed, yet + enough has been done to furnish materials for an examination of the + argument preferred by Messrs. Mudge and Featherstonhaugh in support of + the novel form in which the claim of Great Britain has been presented + by them. +</p> +<p> + In the surveys made by direction of the commissioners under the fifth + article of the treaty of Ghent the difficult character of the country + had prevented any other method of exploration than that of ascending + rivers to their sources. It was believed on the part of the United + States that the determination of the position of these sources was + sufficient for the demarcation of the line of highlands in relation to + which the controversy exists, and no attempt was made to meet the + British argument by the exhibition of the fact that the lines joining + these sources run in some cases along ridges and in other cases pass + over elevations to which in any sense of the term the epithet of + "highlands" may be justly applied. The denial of this mode of + determining the line of highlands by Great Britain has made it important + that both the lines claimed by Great Britain and by the United States + should be explored and leveled—a task which until recently had not been + attempted on either part. The examination of the lines claimed by the + two nations, respectively, has been in a great measure accomplished, as + will be seen from the reports of the field operations of the commission, + while such of these determinations as have a direct bearing on the + argument will be cited in their proper place in this report. +</p> +<p> + It is to be regretted that the document now under consideration exhibits + many instances of an unfriendly spirit. Charges of direct and implied + fraud are made, and language is used throughout that is irritating and + insulting. It is fondly hoped that these passages do not express the + sentiments of the British nation, as in a state of feeling such as + this report indicates little hope could be entertained of an amicable + adjustment of this question. Any inference to be drawn from the language + of the report under consideration is contradicted by the official + declarations of the British Government, and may therefore be considered + as the individual act of the authors, not as the deliberate voice of the + nation by which they were employed. +</p> +<p> + It might have been easy to have retorted similar charges, and thus have + excited in the Government of Great Britain feelings of irritation + similar to those which pervaded the whole population of the United + States on the reception of that report. While, however, it is due + to the honor of the United States to declare that no desire of undue + aggrandizement has been felt, no claim advanced beyond what a strict + construction of their rights will warrant, it is trusted that the + pretensions of Great Britain, however unfounded in fact or principle, + have been advanced with a like disregard to mere extension of territory, + and urged with the same good faith which has uniformly characterized the + proceedings of the United States. +</p> +<p> + It is not to be wondered that the claims of Great Britain have been + urged with the utmost pertinacity and supported by every possible form + of argument. The territory in question is of great value to her, by + covering the only mode of communication which can exist for nearly six + months in the year, not only between two valuable colonies, but between + the most important of all her possessions and the mother country. The + time is not long past when the use of this very communication was not an + unimportant part of the means by which that colony was restrained from + an attempt to assert its independence. It is not, therefore, surprising + that the feelings of British statesmen and of those who desired to win + their favor have been more obvious in the several arguments which have + appeared on that side of the question than a sober view of the true + principles, on which alone a correct opinion of the case can be founded. +</p> +<p> + To the United States in their collective capacity the territory in + dispute is, on the other hand, of comparatively little moment. No other + desire is felt throughout the greater part of the Union than that the + question should be settled upon just principles. No regret could, + therefore, be widely felt if it should be satisfactorily shown that the + title of Great Britain to this region is indisputable. But should it be + shown, as is beyond all question the fact, that the title is in truth in + the United States, national honor forbids that this title should be + abandoned. To the States of Maine and Massachusetts, who are the joint + proprietors of the unseated lands, the territory is of a certain + importance from the value of the land and timber, and to the latter, + within whose jurisdiction it falls, as a future means of increasing her + relative importance in the Union, and a just and proper feeling on the + part of their sister States must prevent their yielding to any unfounded + claim or the surrender of any territory to which a title can be + established without an equivalent satisfactory to those States. +</p> +<p> + To show the basis on which the title rests— +</p> +<p> + It is maintained on the part of the United States that the territory + they held on the continent of North America prior to the purchase of + Louisiana and the Floridas was possessed by a title derived from their + own Declaration of Independence on the 4th of July, 1776, the assertion + of that independence in a successful war, and its acknowledgment by + Great Britain as a preliminary to any negotiation for a treaty of peace. + It is admitted on the part of Great Britain that a territory designated + by certain limits was <i>granted</i> to the United States in the treaty of + 1783. As a matter of national pride, the question whether the territory + of the original United States was held by the right of war or by virtue + of a grant from the British Crown is not unimportant; as a basis of + title it has not the least bearing on the subject. From the date of the + treaty of 1783 all pretensions of the British Crown to jurisdiction or + property within the limits prescribed by the provisions of that + instrument ceased, and when a war arose in 1812 between the two nations + it was terminated by the treaty of Ghent, in which the original + boundaries were confirmed and acknowledged on both sides. +</p> +<p> + The treaty of 1783, therefore, is, in reference to this territory, the + only instrument of binding force upon the two parties; nor can any other + document be with propriety brought forward in the discussion except for + the purpose of explaining and rendering definite such of the provisions + of that treaty as are obscure or apparently uncertain. +</p> +<p> + The desire of full and ample illustration, which has actuated both + parties, has led to the search among neglected archives for documents + almost innumerable, and their force and bearing upon the question have + been exhibited in arguments of great ability. Such has been the talent + shown in this task of illustration and so copious have been the + materials employed for the purpose that the great and only important + question, although never lost sight of by the writers themselves, has + to the eye of the casual observer been completely hidden. In the report + under consideration this distinction between treaties of binding force + and documents intended for mere illustration has not been regarded, and + the vague as well as obviously inaccurate delineations of a French or a + Venetian map maker are gravely held forth as of equal value for a basis + of argument as the solemn and ratified acts of the two nations. +</p> +<p> + In pursuance of this desire of illustration, every known document which + could in any form support either claim has been advanced and set forth + in the statements laid before His Majesty the King of the Netherlands + when acting as umpire under the fifth article of the treaty of Ghent. If + not yet given entire to the public,<a href="#note-39"><small>39</small></a> they are in the possession of + both Governments in a printed form, together with the opinion of the + arbiter in respect to them; and although it is necessary that the + arguments then adduced in favor of the American claim should be in part + repeated, and although new illustrations of the correctness of that + argument have since been brought to light, the present document will be + confined as closely as possible to the provisions of the treaty itself, + and will adduce no more of illustration than is barely sufficient to + render the terms of that treaty certain and definite. +</p> +<p> + The boundaries of the United States are described in the treaty of 1783 + in the following words:<a href="#note-40"><small>40</small></a> +</p> +<p> + "And that <i>all disputes which might arise in future on the subject + of the boundaries of the said United States may be prevented</i> it is + hereby agreed and declared that the following are and shall be their + boundaries, viz: <i>From the northwest angle of Nova Scotia</i>, viz, <i>that + angle which is formed by a line drawn due north from the source of + 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</i> to the <i>northwesternmost</i> head + of Connecticut River; <i>thence</i> down along the middle of that river to + the forty-fifth degree of north latitude; from thence by a line due west + on said latitude until it strikes the river Iroquois, or Cataraquy; + thence along the middle of said river into Lake Ontario; through the + middle of said lake until it strikes the communication by water between + that lake and Lake Brie; thence along the middle of said communication + into Lake Erie through the middle of said lake until it arrives at the + water communication between that lake and Lake Huron; thence along the + middle of said water communication into the Lake Huron; thence through + the middle of said lake to the water communication between that lake and + Lake Superior; thence through Lake Superior northward of the Isles Royal + and Phelipeaux to the Long Lake; thence through the middle of said Long + Lake and the water communication between it and the Lake of the Woods to + the said Lake of the Woods; thence through the said lake to the most + northwestern point thereof, and from thence on a due west course to the + river Mississippi; thence by a line to be drawn along the middle of the + said river Mississippi until it shall intersect the northernmost part of + the thirty-first degree of north latitude; south by a line to be drawn + due east from the determination of the line last mentioned in the + latitude of 31° north of the equator to the middle of the river + Apalachicola, or Catahouche; thence along the middle thereof to its + junction with the Flint River; thence straight to the head of St. Marys + River, and thence down along the middle of St. Marys River to the + Atlantic Ocean; east <i>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</i> and + from its source <i>directly north</i> to the aforesaid highlands which divide + the rivers that fall into the Atlantic Ocean from those which fall into + the river St. Lawrence; comprehending all islands within 20 leagues of + any part of the shores of the United States and lying between lines to + be drawn due east from the points where the aforesaid boundaries between + Nova Scotia on the one part and East Florida on the other shall + respectively touch the Bay of Fundy and the Atlantic Ocean, excepting + such islands as now are or heretofore have been within the limits of + the said Province of Nova Scotia." +</p> +<p> + So far as the present question is concerned, five points of discussion + are presented by this article of the treaty of 1783: +</p> +<p> + I. What stream is to be understood by the name of the river St. Croix? +</p> +<p> + II. The determination of the line due north from the source of that + river. +</p> +<p> + III. What is the position of the northwest angle of Nova Scotia? +</p> +<p> + IV. The delineation of the line passing through the highlands from that + angle to the northwest head of Connecticut River. +</p> +<p> + V. What is to be considered as the northwestern head of Connecticut + River? +</p> +<center> + I.—RIVER ST. CROIX. +</center> +<p> + Doubts in respect to the particular river intended to be understood by + the name of the St. Croix having arisen, an article was inserted in the + treaty of commerce signed in London in November, 1794, by Lord Grenville + on the part of Great Britain and by John Jay on the part of the United + States.<a href="#note-41"><small>41</small></a> This article, the fifth of that treaty, provided for the + appointment of a joint commission with full powers to decide that + question. This commission was constituted in conformity, and the award + was accepted by both Governments.<a href="#note-42"><small>42</small></a> The river designated in this award + became thenceforth the true St. Croix, however erroneous may have been + the grounds on which it was decided so to be. When, therefore, in the + fourth article of the treaty of Ghent it is declared that the due north + line from the source of the St. Croix has not been surveyed, and when in + this and the other articles of the same treaty all other uncertain parts + of the boundary are recited, the validity of the decision of the + commissioners under the fifth article of Jay's treaty is virtually + acknowledged. Nay, more; the acknowledgment is completed by the + stipulation in the second article of the treaty of Ghent that "all + territory, places, and possessions taken by either party during the + war," with certain exceptions, shall be forthwith restored to their + previous possessors.<a href="#note-43"><small>43</small></a> The only exceptions are the islands in + Passamaquoddy Bay; and had it been believed that any uncertainty in + respect to the adjacent territory existed it would not have been + neglected. Nay, more; all the settlements lying within the line claimed + by Great Britain before the commission created by the treaty of 1794 had + been taken, and were in her actual possession at the time the treaty of + Ghent took effect, and were forthwith restored to the jurisdiction of + the United States. When, also, it became necessary to proceed to the + investigation of the second point of the discussion, the agents and + surveyors of both parties proceeded as a matter of course to the point + marked in 1798 as the source of the St. Croix.<a href="#note-44"><small>44</small></a> This point is + therefore fixed and established beyond the possibility of cavil, and the + faith of both Governments is pledged that it shall not be disturbed. +</p> +<center> + II.—DUE NORTH LINE FROM THE SOURCE OF THE ST. CROIX. +</center> +<p> + The treaty of 1783 provides that the boundary from the source of the + St. Croix shall be drawn "directly north." In relation to this expression + no possible doubt can arise. It is neither susceptible of more than a + single meaning nor does it require illustration from any extrinsic + source. The undersigned, therefore, do not consider that so much of the + argument of Messrs. Mudge and Featherstonhaugh as attempts to show that + this line ought to be drawn in any other direction than due north + requires any reply on the part of the United States. Admitting that the + words had been originally used as a mistranslation of terms in the Latin + grant of James I to Sir William Alexander, the misconception was equally + shared by both parties to the treaty of 1783; and it will be shown + hereafter that this misconception, if any, had its origin in British + official papers. Were it capable of proof beyond all possibility of + denial that the limit of the grant to Sir William Alexander was intended + to be a line drawn toward the northwest instead of the north it would + not affect the question. So far as that grant was used by American + negotiators to illustrate the position of the northwest angle of Nova + Scotia it would have failed to fulfill the object, but such failure in + illustration does not involve the nullity of the treaty itself. +</p> +<p> + That the translation which has hitherto been universally received as + correct of the terms in the grant to Sir William Alexander is the true + one, and that the new construction which is now attempted to be put upon + it is inaccurate, will be shown in another place,<a href="#note-45"><small>45</small></a> where will also be + exhibited an error committed in rendering the sense of another part of + that instrument. The consideration of the correctness or incorrectness + of the several translations can form no part of the present argument. + While, therefore, it is denied that Messrs. Mudge and Featherstonhaugh + have succeeded in showing that the grant to Sir William Alexander has + been mistranslated, it is maintained that an error in the translation of + this document can have no effect in setting aside the simple and + positive terms of the treaty of 1783. That treaty and its confirmation + in the treaty of Ghent must be admitted to be null and void before that + line can be drawn in any other direction than "due north." +</p> +<center> + III.—NORTH WEST ANGLE OF NOVA SCOTIA. +</center> +<p> + The term northwest angle of Nova Scotia was used in the secret + instructions of Congress and is adopted in the treaty of 1783. In the + instructions it is named without any explanation, as if it were a point + perfectly well known. In one sense it was so, for although it never had + been marked by a monument, nor perhaps visited by the foot of man, its + position could be laid down upon a map; nay, was so on many existing + maps, and the directions for finding it on the ground were clear and + explicit. These directions are to be found in the royal proclamation of + October, 1763, and in the commission to Montague Wilmot, governor of + Nova Scotia, of cotemporaneous date. Any uncertainty in regard to the + position of this angle which may have existed in relation to the meaning + of the first of these instruments is removed by the act of Parliament of + 1774, commonly called the Quebec act. +</p> +<p> + Before citing these instruments it will be proper to refer to the + circumstances under which the two first were issued. +</p> +<p> + Great Britain, after a successful war, found herself in possession of + the whole eastern side of the continent of North America. So much of + this as lay to the south of the St. Lawrence and the forty-fifth + parallel of north latitude had been previously made the subject of + charters from the British Crown under a claim of right from priority of + discovery.<a href="#note-46"><small>46</small></a> The possession of this wide tract was not uncontested, + and various other European nations had attempted to found settlements + within the limits of the British charters. In such cases it was held as + a matter of law that where the occupation or defense of the territory + granted had been neglected the right had ceased, and the country, when + recovered by conquest or restored by treaty, was again vested in the + Crown, to be made the subject of new grants or governed as a royal + colony. Thus, when the settlements made by the Dutch and Swedes, which + by the fortune of war had become wholly vested in Holland, were reduced, + the Crown exercised its rights by conveying them to the Duke of York, + although covered in a great part, if not wholly, by previous charters; + and when these countries were again occupied by the Dutch and restored + by the treaty of Breda it was thought necessary that the title of the + Duke of York should be restored by a fresh grant. In both of these + charters to that prince was included the Province of Sagadahock, within + whose chartered limits was comprised the territory at present in + dispute. This Province, confined on the sea between the rivers St. Croix + and Kennebec, had for its opposite limits the St. Lawrence, or, as the + grant expresses it, "extending from the river of Kenebeque and so upward + by the shortest course to the river Canada northward." The shortest + course from the source of the Kennebec to the St. Lawrence is by the + present Kennebec road. This grant therefore covered the whole space + along the St. Lawrence from about the mouth of the Chaudiere River<a href="#note-47"><small>47</small></a> + to the eastern limit of the grant to Sir William Alexander. By the + accession of James II, or, as some maintain, by the act of attainder, it + matters not which, this Province reverted to the Crown, and was by it + granted, in 1691, to the colony of Massachusetts. In the same charter + Nova Scotia also was included. This has been called a war grant, as in + fact it was, and the colony of Massachusetts speedily availed themselves + of it by conquering the whole of the territory conveyed except the + island of Cape Breton. The latter, too, fell before the unassisted arms + of the New England Provinces in 1745, at a time when Great Britain was + too deeply engaged in the contest of a civil war to give aid either in + money or in men to her transatlantic possessions. +</p> +<p> + The colony of Massachusetts, therefore, could not be charged with any + want of energy in asserting her chartered rights to the territory in + question. It is, in fact, due to her exertions that both Nova Scotia + and New Brunswick came at so early a period into the possession of the + British Crown. In 1654 the French settlements as far as Port Royal, at + the head of the Bay of Fundy, were reduced by Major Sedgwick, but by the + treaty of Breda they were restored to France. +</p> +<p> + In 1690 Sir William Phips, governor of Massachusetts, with a force + of 700 men, raised in that colony, again conquered the country, and + although on his return the French dislodged the garrison possession + was forthwith resumed by an expedition under Colonel Church. Acadie, + however, or Nova Scotia, was ceded again to France by the treaty of + Ryswick. After several spirited but unsuccessful attempts during the War + of the Succession, General Nicholson, with a force of five regiments, + four of which were levied in Massachusetts, reduced Port Royal, and by + its capitulation the present Provinces of Nova Scotia and New Brunswick + were permanently annexed to the British Crown.<a href="#note-48"><small>48</small></a> Finally the militia + of Massachusetts, during the War of 1776, took possession of the + territory, and occupied it until the date of the treaty of 1783. This + occupation was not limited by the St. Croix, or even by the St. John, + but included the whole of the southern part of New Brunswick, while the + peninsula of Nova Scotia was only preserved to Great Britain by the + fortification of the isthmus which unites it to the mainland.<a href="#note-49"><small>49</small></a> +</p> +<p> + The recession of Acadie, or Nova Scotia, to France by the treaty of + Ryswick divested Massachusetts only of the territory granted her in the + charter of 1691 under the latter name. Her war title to Sagadahock was + confirmed by a conquest with her own unaided arms; and even the cession + of Nova Scotia was a manifest injustice to her, as she was at the moment + in full possession of it. It, however, suited the purpose of Great + Britain to barter this part of the conquest of that colony for objects + of more immediate interest. +</p> +<p> + Admitting that England did convey a part or the whole of Sagadahock to + France under the vague name of Acadie or Nova Scotia,<a href="#note-50"><small>50</small></a> the conquest + by Massachusetts in 1710 renewed her rights to this much at least, and + although the Crown appropriated to itself the lion's share of the spoils + by making Nova Scotia a royal province, it did not attempt to disturb + her possession of Sagadahock. So far from so doing, the commission of + the royal governors was limited to the west by the St. Croix, although + it was stated in a saving clause that the Province of Nova Scotia + extended of right to the Penobscot. From that time until the breaking + out of the Revolutionary War, a space of more than sixty years, the + Province of Sagadahock was left in the undisturbed possession of + Massachusetts under the charter of 1691. +</p> +<p> + In defiance of this charter the French proceeded to occupy the right + bank of the St. Lawrence, which at the time of the capture of Quebec and + the cession in the treaty of 1763 was partially held by settlements of + Canadians. The Crown therefore acted upon the principle that the right + of Massachusetts to the right bank of the St. Lawrence had thus become + void, and proceeded by proclamation to form the possessions of France on + both banks of the St. Lawrence into a royal colony under the name of the + Province of Quebec. +</p> +<p> + This was not done without a decided opposition on the part of + Massachusetts, but any decision in respect to her claims was rendered + needless by the breaking out of the War of Independence. It is only + proper to remark that this opposition was in fact made and that her + claim to the right bank of the St. Lawrence was only abandoned by the + treaty of 1783. The country of which it was intended to divest her by + the proclamation of 1763 is described in a letter of her agent, Mr. + Mauduit, to the general court of that colony as "the narrow tract of + land which lies beyond the sources of all your rivers and is watered + by those which run into the St. Lawrence." +</p> +<p> + It is assigned by him as a reason why the Province of Massachusetts + should assent to the boundary assigned to the Province of Quebec by the + proclamation that "it would not be of any great consequence to you" + (Massachusetts), "but is absolutely necessary to the Crown to preserve + the continuity of the Province of Quebec." The part of the Province of + Quebec whose continuity with the rest of that colony was to be preserved + is evidently the district of Gaspe, of which Nova Scotia, a royal + colony, was divested by the same proclamation. For this continuity no + more was necessary than a road along the St. Lawrence itself, and the + reason would have been absurd if applied to any country lying beyond + the streams which fall into that river, for up to the present day no + communication between parts of Canada exists through any part of the + disputed territory. The narrow territory thus advised to be relinquished + extends, according to the views of Messrs. Mudge and Featherstonhaugh, + from the Great Falls of the St. John to Quebec, a distance in a straight + line of 160 miles. It has a figure not far from triangular, of which + this line is the perpendicular and the shore of the St. Lawrence from + the Chaudiere to the Metis the base. It contains about 16,000 square + miles. It would have been a perversion of language in Mr. Mauduit to + describe this to his employers as a narrow tract. But the space whose + cession he really intended to advise is in every sense a narrow tract, + for its length along the St. Lawrence is about 200 miles, and its + average breadth to the sources of the streams 30. It contains 6,000 + square miles, and is described by him in a manner that leaves no + question as to its extent being "watered by streams" which "run into the + St. Lawrence." It therefore did not include any country watered by + streams which run into the St. John. +</p> +<p> + It is believed that this is the first instance in which the term + <i>narrow</i> has ever been applied to a triangle almost right angled and + nearly isosceles, and it is not a little remarkable that this very + expression was relied upon in the statement to the King of the + Netherlands as one of the strongest proofs of the justice of the + American claim. +</p> +<p> + Admitting, however, for the sake of argument, that the Crown did demand + this territory, and that the mere advice of an agent without powers was + binding on Massachusetts, the fact would have no direct bearing upon the + point under consideration. The relinquishment by Massachusetts of the + whole of the territory west of the meridian of the St. Croix would not + have changed the position of the northwest angle of Nova Scotia, nor the + title of the United States collectively under the treaty of 1783 to a + boundary to be drawn from that angle, however it might have affected the + right of property of that State to the lands within it. +</p> +<p> + And here it is to be remarked that the Government of the United States + is two-fold—that of the individual States and that of the Federal + Union. It would be possible, therefore, that all right of property in + unseated lands within a State's jurisdiction might be in the General + Government, and this is in fact the case in all the new States. Even had + Massachusetts divested herself of the title (which she has not) the + treaty of 1783 would have vested it in the Confederation. She had at + least a color of title, under which the Confederation claimed to the + boundaries of Nova Scotia on the east and to the southern limits of the + Province of Quebec on the north, and this claim was allowed by Great + Britain in the treaty of 1783 in terms which are at least admitted to be + identical in meaning with those of the proclamation creating the latter + Province.<a href="#note-51"><small>51</small></a> +</p> +<p> + To illustrate the subject further: +</p> +<p> + Of the seventeen British colonies in North America, thirteen succeeded + in asserting their independence; the two Floridas were conquered and + ceded to Spain; while of her magnificent American domain only Quebec and + Nova Scotia were left to Great Britain. The thirteen colonies, now + independent States, claimed all that part of the continent to the + eastward of the Mississippi and north of the bounds of Florida which was + not contained within the limits of the last-named colonies, and this + claim was fully admitted by the boundary agreed to in the treaty of + 1783. Within the limits thus assigned it was well known that there were + conflicting claims to parts which had more than once been covered by + royal charters; it was even possible that there were portions of the + wide territory the right to which was asserted by the United States and + admitted by Great Britain that had not been covered by any royal grant; + but the jurisdiction in respect to disputed rights and the title to land + not conveyed forever ceased to be in the British Crown—first by a + successful assertion of independence in arms, and finally by the + positive terms of a solemn treaty. +</p> +<p> + If it should be admitted, for argument's sake, that the claim of + Massachusetts, as inherited by the State of Maine, to the disputed + territory is unfounded, it is a circumstance that can not enter into + a discussion between Great Britain and the United States of America. + Massachusetts did claim, under at least the color of a title, not merely + to "the highlands," but to the St. Lawrence itself, and the claim was + admitted as far as the former by the treaty of 1783. If it should + hereafter appear that this claim can not be maintained, the territory + which is not covered by her title, if within the boundary of the treaty + of 1783, can not revert to Great Britain, which has ceded its rights to + the thirteen independent States, but to the latter in their confederate + capacity, and is thus the property of the whole Union. As well might + Great Britain set up a claim to the States of Alabama and Mississippi, + which, although claimed by the State of Georgia, were found not to be + covered by its royal charter, as to any part of the territory contained + within the line defined by the treaty of 1783, under pretense that the + rights of Massachusetts are not indefeasible. +</p> +<p> + While, therefore, it is maintained that whether the title of + Massachusetts be valid or not is immaterial to the present question, + it may be further urged that not even the shadow of a pretense existed + for divesting her of her rights by the proclamation of 1763, except to + territory which by neglect she had permitted France to occupy. On this + point the French are the best authority, for it can not be pretended + that the Crown of England intended in forming the Province of Quebec + to go beyond the utmost limits of the claim of France to her colony of + Canada. The assertions on the part of France in the argument preceding + the War of 1756 were: +</p> +<p> + First. That both banks of the St. Lawrence are included in Canada. +</p> +<p> + Second. That with the exception of Miscou and Cape Breton, her grants + extended 10 leagues from the river. +</p> +<p> + Third. That the commissions of the governors of Canada in the most + formal and precise manner extended their jurisdiction to the sources + of the rivers which discharge themselves into the St. Lawrence. +</p> +<p> + Now the distance of 10 French leagues and that of the sources of the + rivers, on an average, are nearly identical, and this narrow tract, of + which alone the Crown could with any shadow of justice assume the right + of disposing, is that of which Massachusetts was intended to be divested + by the proclamation of 1763. +</p> +<p> + It was because Great Britain held that these claims on the part of + France were too extensive that the War of 1756 was waged. In this war at + least one-half of the force which under Wolfe took Louisburg and reduced + Quebec, and under Amherst forced the French armies in Canada to a + capitulation, was raised and paid by the colonies. The creation of the + Province of Quebec, covering a part of their chartered limits, was + therefore a just subject of complaint. +</p> +<p> + The bounds assigned to the new Province of Quebec to the south by the + proclamation of 7th October, 1763, are as follows: +</p> +<p> + "The line, crossing the river St. Lawrence and the Lake Champlain in 45° + of north latitude, passes along the highlands which divide the rivers + that empty themselves into the St. Lawrence from those which fall into + the sea, and also along the north coast of the Bay des Chaleurs and the + Gulf of St. Lawrence to Cape Rosieres," etc. +</p> +<p> + In the same month of October, 1763, the limits of the royal Province of + Nova Scotia are fixed, in the commission to Governor Wilmot, on the west + "by the said river St. Croix to its source, and by a line drawn due + north from thence to the southern boundary of our Province of Quebec; to + the northward, by the same boundary, as far as the western extremity of + the Bay des Chaleurs." +</p> +<p> + Here, then, we find the first mention in an English dress of the line + to be drawn due north from the source of the St. Croix. There is no + evidence that it was a translation of the terms in the grant to Sir + William Alexander, but if it were it was made not by Americans, but by + Englishmen; and not only made, but set forth under the high authority of + the royal sign manual and authenticated by the great seal of the United + Kingdom of England and Scotland. +</p> +<p> + The due north line from the source of the St. Croix, meeting the south + bounds of the Province of Quebec, forms two angles. One of these was + the northeast angle of the Province of Sagadahock; the other is the + northwest angle of Nova Scotia. It aright be debated which of the + streams that fall into Passamaquoddy Bay was the true St. Croix, but + such a question could be settled by reference to evidence, and has been + thus settled by the award of the commissioners under the fifth article + of Jay's treaty. Among the many branches of a stream it may for a moment + be doubted which is to be considered as its principal source, but this + can be ascertained by proper methods, and it has been ascertained and + marked with a monument by the same commissioners. The tracing of a + meridian line may be a difficult operation in practical surveying, but + it can be effected by proper instruments and adequate skill, and this + task has in fact been performed by one of the present commissioners, + after being attempted by the surveyors under the fifth article of the + treaty of Ghent. The highlands are defined in the commission of Governor + Wilmot and the proclamation of 1763 beyond the possibility of doubt. + They are on the north shore of the Bay of Chaleurs as described in the + one instrument, and on the western extremity of that bay as described + by the other. They can therefore be found, and they have been found. +</p> +<p> + The Congress of 1779 and the framers of the treaty of 1783 were + therefore warranted in speaking of the northwest angle of Nova Scotia as + if it were a known point. It could have been laid down with precision on + any good map; it could be discovered by the use of adequate methods and + the expenditure of a sufficient appropriation; it was, in fact, as well + known as the forty-fifth and thirty-second parallels of latitude, which + are named in the same article of the treaty, or as the boundaries of + very many of the States which had united in the Confederation. These + were defined by the course and sources of rivers—by parallels of + latitude and circles of longitude, either of indefinite extent or + setting out from some prescribed point whose position was to be + determined. At the time of making these grants, as in the case before + us, many of the boundaries had never been visited by civilized men. Some + of these lines had, indeed, been sought and traced upon the ground in + pursuance of orders from the privy council of Great Britain or the high + court of chancery, and the recollection of the operation was fresh in + the memory of both parties. Thus in 1750 it was ordered by the latter + tribunal that the boundary on the lower counties on the Delaware (now + the State of that name) and the Province of Maryland should be marked + out. The boundary was an arc of a circle described around the town of + Newcastle, with a given radius, and a meridian line tangent thereto. + This was a far more difficult operation than to draw a meridian line + from a given point, such as the source of a river. It was thought + in 1763 worthy of the attention of the first assistant in the Royal + Observatory at Greenwich, and the American Rittenhouse was associated + with him. This operation was not only of great contemporary fame, but + is still quoted in English books among the data whence we derive our + knowledge of the magnitude and figure of the earth. So also the same + astronomer (Mason) had but a few years before the War of Independence + commenced the tracing of a parallel of latitude from the former line + to the westward, thus marking the respective limits of Pennsylvania, + Maryland, and Virginia. With such examples before them the framers of + the treaty of 1783 were warranted in considering the northwest angle + of Nova Scotia as a point sufficiently definite to be made not merely + one of the landmarks of the new nation, but the corner at which the + description of its boundaries should begin. It has been well remarked by + one of the commentators<a href="#note-52"><small>52</small></a> on the report of Messrs. Featherstonhaugh + and Mudge that if the treaty of 1783 be a grant the grantors are bound + by rule of law to mark out that corner of their <i>own land</i> whence the + description of the grant commences. The British Government therefore + ought, if it be, as it is maintained on its part, a grant, to have + traced the line of highlands dividing their Provinces of Nova Scotia + and Canada. Had this been done in conformity with the proclamation of + 1763 and the commission to Governor Wilmot, the northwest angle of Nova + Scotia would be given by the trace of the meridian of the St. Croix. + So far from doing this, the question has been complicated by the denial + that the boundaries defined in that proclamation and in the treaty of + 1783 were intended to be identical. The argument on this point was so + ingenious that the arbiter under the fifth article of the treaty of + Ghent did not consider the American case as made out,<a href="#note-53"><small>53</small></a> and this doubt + was the principal ground on which his decision rested. It is therefore + an earnest of a more favorable state of feeling that the sophistry with + which this fact had been veiled, at least in part, is now withdrawn, and + that the commission whose report is under consideration frankly admit + this identity.<a href="#note-54"><small>54</small></a> This admission being made, it is obvious that the + origin of the highlands of the treaty must be sought on the north shore + of the Bay des Chaleurs and at its western extremity, and it follows + that the point where this line of highlands is cut by the meridian of + the monument at the source of the St. Croix is the northwest angle of + Nova Scotia of the treaty of 1783, and must lie to the north of the + Restigouche, or in the very spot claimed by the United States. +</p> +<p> + The British Government has not only failed in marking out the corner of + their territory at which the boundary of the United States begins, but + has in practice adopted a very different point as the northwest angle of + the Province of New Brunswick, which now occupies the place of ancient + Nova Scotia in its contiguity to the American lines. Up to the time of + the discussion before the King of the Netherlands the commissions of the + governors of New Brunswick had been, so far as the western and northern + boundaries are concerned, copies of that to Governor Wilmot. The + undersigned have no means of ascertaining when or how the form of these + commissions was changed, but it was found during the exploration of the + country that the jurisdiction of New Brunswick, limited at least to the + north of the St. John by the exploring meridian line, did not leave the + Bay of Chaleurs at its western extremity and follow thence the old + bounds of the Province of Quebec. It, on the contrary, was ascertained + that it was limited by the Restigouche as far as the confluence of its + southwestern branch, formerly known by the name of Chacodi, and thence + followed the latter up to the point where it is crossed by the exploring + meridian line. On all the territory thus severed from the ancient domain + of Nova Scotia permits to cut timber were found to have been issued by + Canadian authorities, and the few settlers derived their titles to land + from the same source. +</p> +<p> + Although this demarcation involves a double deviation from the + proclamation of 1763 (first, in following a river instead of highlands; + second, in taking a small branch instead of pursuing the main supply + of the Bay of Chaleurs), the northwest angle of Nova Scotia may be + considered as at last fixed by British authority at a point many miles + north of the point claimed to be such in the statements laid before + the King of the Netherlands on the part of Great Britain, and 48 miles + to the north of where the line of "abraded highlands" of Messrs. + Featherstonhaugh and Mudge crosses the St. John. Were it not that the + American claim would be weakened by any change in the strong ground on + which it has always rested, it might be granted that this is in fact the + long-lost northwest angle of Nova Scotia, and the highlands allowed to + be traced from that point through the sources of the branches of the + St. John and the St. Lawrence. +</p> +<p> + In proof of the position now assigned to this angle of New Brunswick, + and consequently of ancient Nova Scotia, in the absence of documents + which the archives of Great Britain alone can furnish, the map published + by the Society for the Encouragement of Useful Knowledge, the several + maps of the surveyor-general of the Province of Canada, and the most + recent map of the Provinces of Nova Scotia and New Brunswick, by John + Wyld, geographer to the Queen of Great Britain, may be cited. +</p> +<p> + It may therefore be concluded that the northwest angle of Nova Scotia + is no longer an unknown point. It can be found by a search conducted + in compliance with the proclamation of 1763 and the contemporaneous + commission of Governor Wilmot, and the researches of the present + commission show that it can not be far distant from the point originally + assigned to it in the exploring meridian line. The identity of the first + of these documents with the boundary of the treaty of 1783 is admitted, + and the latter is word for word the same with the description of the + eastern boundary of the United States in the same treaty. Moreover, a + northwest angle has been assigned to the Province of New Brunswick by + British authority, which, did it involve no dereliction of principle, + might without sensible loss be accepted on the part of the United + States. +</p> +<center> + IV.—HIGHLANDS OF THE TREATY OF 1783. +</center> +<p> + The highlands of the treaty of 1783 are described as those "which divide + those rivers that empty themselves into the river St. Lawrence from + those which fall into the Atlantic Ocean." It has been uniformly and + consistently maintained on the part of the United States that by the + term "highlands" was intended what is in another form of the same words + called the height of land. The line of highlands in this sense was to be + sought by following the rivers described in the treaty to their source + and drawing lines between these sources in such manner as to divide the + surface waters. It was believed that the sources of such rivers as the + Connecticut and the St. John must lie in a country sufficiently elevated + to be entitled to the epithet of highlands, although it should appear on + reaching it that it had the appearance of a plain. Nay, it was even + concluded, although, as now appears, incorrectly—and it was not feared + that the conclusion would weaken the American argument—that the line + from the northwest angle of Nova Scotia, at least as far as the sources + of Tuladi, did pass through a country of that description. Opposite + ground was taken in the argument of Great Britain by her agent, but + however acute and ingenious were the processes of reasoning by which + this argument was supported, it remained in his hands without + application, for the line claimed by him on the part of his Government + was one having the same physical basis for its delineation as that + claimed by the agent of the United States, namely, one joining the + culminating points of the valleys in which streams running in opposite + directions took their rise. The argument appears to have been drawn + while he hoped to be able to include Katahdin and the other great + mountains in that neighborhood in his claimed boundary, and he does not + appear to have become aware how inapplicable it was in every sense to + the line by which he was, for want of a better, compelled to abide. + The British Government, however, virtually abandoned the construction + of their agent in the convention signed in London the 27th September, + 1827.<a href="#note-55"><small>55</small></a> +</p> +<p> + In this it was stipulated that Mitchell's and Map A should be admitted + to the exclusion of all others "as the only maps that shall be + considered as evidence" of the topography of the country, and in the + latter of these maps, constructed under the joint direction of the + British and American negotiators by the astronomer of the British + Government, it was agreed that nothing but the water courses should + be represented. Finally, it was admitted in the report of Messrs. + Featherstonhaugh and Mudge that the terms highlands and height of land + are identical. The decision of the King of the Netherlands, to which + Great Britain gave her assent in the first instance, recognizes the + correctness of the views entertained in the American statements.<a href="#note-56"><small>56</small></a> + All discussion on this subject is, however, rendered unnecessary by the + knowledge which the undersigned have obtained of the country. The line + surveyed by them not only divides rivers, but possesses in a preeminent + degree the character by which in the British argument highlands are + required to be distinguished. +</p> +<p> + It is sufficient for the present argument that the identity of the + lines pointed out by the proclamation of 1763 and the act of 1774 with + the boundary of the treaty of 1783 be admitted. Such has been the + uniform claim of the Government of the United States and the State + of Massachusetts, and such is the deliberate verdict of the British + commissioners.<a href="#note-57"><small>57</small></a> The words of the proclamation of 1763 have already + been cited. By reference to them it will be seen that the origin of "the + highlands" is to be sought on the <i>north</i> shore of the Bay of Chaleurs. + If they are not to be found there, a gap exists in the boundary of the + proclamation, which it is evident could not have been intended. It has + been thought by some that the gap did actually exist, but this idea was + founded on an imperfect knowledge of the country. The Bay of Chaleurs + seems, in fact, to have been better known to the framers of the + proclamation of 1763 and the act of 1774 than to any subsequent + authorities, whether British or American. Researches made in the year + 1840 show that at the head of the tide of the Bay of Chaleurs a mountain + rises immediately on the northern bank, which from its imposing + appearance has been called by the Scotch settlers at its foot Ben + Lomond. This, indeed, has by measurement been found to be no more than + 1,024 feet in height, but no one can deny its title to the name of a + highland. From this a continuous chain of heights has been ascertained + to exist, bounding in the first instance the valley of the Matapediac + to the sources of that stream, which they separate from those of the + Metis. The height of land then passes between the waters of Metis and + Restigouche, and, bending around the sources of the latter to the + sources of the Rimouski, begins there to separate waters which fall into + the St. Lawrence from those which fall into the St. John, which they + continue to do as far as the point where they merge in the line admitted + by both parties. +</p> +<p> + These highlands have all the characteristics necessary to constitute + them the highlands of the treaty. Throughout their whole northern + and western slopes flow streams which empty themselves into the St. + Lawrence. Beginning at the Bay of Chaleurs, they in the first place + divide, as it is necessary they should, waters which fall into that + bay; they next separate the waters of Restigouche from those of Metis; + they then make a great detour to the south and inclose the valley + of Rimouski, separating its waters from those of Matapediac and + Restigouche, the Green River of St. John and Tuladi; they next perform a + circuit around Lake Temiscouata, separating its basin from those of the + Otty and Trois Pistoles, until they reach the Temiscouata portage at + Mount Paradis. This portage they cross five times, and finally, bending + backward to the north, inclose the stream of the St. Francis, whose + waters they divide from those of Trois Pistoles, Du Loup, and the Green + River of the St. Lawrence. Leaving the Temiscouata portage at the + sixteenth milepost, a region positively mountainous is entered, which + character continues to the sources of the Etchemin. It there assumes for + a short space the character of a rolling country, no point in which, + however, is less than 1,200 feet above the level of the sea. It speedily + resumes a mountainous character, which continues unaltered to the + sources of the Connecticut. +</p> +<p> + Now it is maintained that all the streams and waters which have been + named as flowing from the southern and eastern sides of this line are in + the intended sense of the treaty of 1783 rivers which empty themselves + into the Atlantic. The first argument adduced in support of this + position is that the framers of that treaty, having, as is admitted, + Mitchell's map before them, speak only of two classes of rivers—those + which discharge themselves into the St. Lawrence River and those which + fall into the Atlantic Ocean; yet upon this map were distinctly seen the + St. John and the Restigouche. The latter, indeed, figures twice—once + as a tributary to the Bay of Miramichi and once as flowing to the Bay + of Chaleurs.<a href="#note-58"><small>58</small></a> It can not reasonably be pretended that men honestly + engaged in framing an article to prevent "all disputes which might arise + in future" should have intentionally passed over and left undefined + these important rivers, when by the simplest phraseology they might have + described them had they believed that in any future time a question + could have arisen whether they were included in one or the other of the + two classes of rivers they named. Had it been intended that the due + north line should have stopped short of the St. John, the highlands + must have been described as those which divide rivers which fall into + the St. Lawrence <i>and the St. John</i> from those which fall into the + Atlantic Ocean. The mouth of the St. Lawrence had been defined in the + proclamation of 1763 by a line drawn from the river St. John (on the + Labrador coast) to Cape Rozier. If, then, it had been intended that the + meridian line should not have crossed the Restigouche, the phraseology + must have been highlands which divide rivers which fall into the river + <i>and</i> Gulf of St. Lawrence from those which fall into the Atlantic + Ocean. Where such obvious modes of expressing either of these intentions + existed, it is not to be believed that they would have been omitted; + but had they been proposed to be introduced the American negotiators + would have been compelled by their instructions to refuse them. Such + expressions would have prescribed a boundary different not only in + fact, but in terms, from that of the proclamation of 1763 and the + contemporaneous commission to Governor Wilmot. Either, then, the British + plenipotentiaries admitted the American claim to its utmost extent or + they fraudulently assented to terms with the intention of founding upon + them a claim to territory which if they had openly asked for must have + been denied them. The character of the British ministry under whose + directions that treaty was made forbids the belief of the latter having + been intended. The members of that ministry had been when in opposition + the constant advocates of an accommodation with the colonies or of an + honorable peace after all hopes of retaining them in their allegiance + had ceased. They showed on coming into power a laudable anxiety to put + an end to the profitless effusion of human blood, and they wisely saw + that it would be of more profit to their country to convert the new + nation into friends by the free grant of terms which sooner or later + must have been yielded than to widen the breach of kindred ties by an + irritating delay. The debates which ensued in the British Parliament + when the terms of the treaty were made known show the view which the + party that had conducted the war entertained of this question. The + giving up of the very territory now in dispute was one of the charges + made by them against their successors, and that it had been given up by + the treaty was not denied. Nay, the effect of this admission was such + as to leave the administration in a minority in the House of Commons, + and thus became at least one of the causes of the resignation of the + ministry<a href="#note-59"><small>59</small></a> by which the treaty had been made. At this very moment more + maps than one were published in London which exhibit the construction + then put upon the treaty by the British public. The boundary exhibited + upon these maps is identical with that which the United States now claim + and have always claimed. +</p> +<p> + The full avowal that the boundary of the treaty of 1783 and of the + proclamation of 1763 and act of 1774 are identical greatly simplifies + the second argument. It has been heretofore maintained on the part of + Great Britain that the word "sea" of the two latter-named instruments + was not changed in the first to "Atlantic Ocean" without an obvious + meaning. All discussion on this point is obviated by the admission. + But it is still maintained that the Bay of Fundy is not a part of the + Atlantic Ocean because it happens to be named in reference to the St. + Croix in the same article of the treaty. To show the extent to which + such an argument, founded on a mere verbal quibble, may be carried, let + it be supposed that at some future period two nations on the continent + of North America shall agree on a boundary in the following terms: By a + line drawn through the Mississippi from its mouth in the Gulf of Mexico + to its source; thence a parallel of latitude until it meet the highlands + which divide the waters that empty themselves into the Pacific Ocean + from those which fall into the Atlantic. Could it be pretended that + because the mouth of the Mississippi is said to be in the Gulf of + Mexico the boundary must be transferred from the Rocky Mountains to + the Alleghanies? Yet this would be as reasonable as the pretensions + so long set up by the British agents and commissioners. +</p> +<p> + It can not be denied that the line claimed by the United States fulfills + at least one of the conditions. The streams which flow from one side of + it fall without exception into the river St. Lawrence. The adverse line + claimed by Great Britain in the reference to the King of the Netherlands + divides until within a few miles of Mars Hill waters which fall into the + St. John from those of the Penobscot and Kennebec. The latter do not + discharge their waters directly into the ocean, but Sagadahock and + Penobscot bays intervene, and the former falls into the Bay of Fundy; + hence, according to the argument in respect to the Bay of Fundy, this + line fulfills neither condition. +</p> +<p> + The line of Messrs. Featherstonhaugh and Mudge is even less in + conformity to the terms of the treaty. In order to find mountains + to form a part of it they are compelled to go south of the source of + branches of the Penobscot; thence from mountains long well known, at + the sources of the Alleguash, well laid down on the rejected map of + Mr. Johnson, it becomes entangled in the stream of the Aroostook, which + it crosses more than once. In neither part does it divide waters at all. + It then, as if to make its discrepancy with the line defined in the + proclamation of 1763 apparent, crosses the St. John and extends to the + <i>south</i> shore of the Bay of Chaleurs, although that instrument fixes the + boundary of the Province of Quebec on the north shore of the bay. In + this part of its course it divides waters which fall into the said bay + from those which fall into the St. John. But the proclamation with whose + terms this line is said to be identical directs that the highlands shall + divide waters which fall into the St. Lawrence from those which fall + into the sea. If the branches of the Bay of Chaleurs fulfill the first + condition, which, however, is denied, the St. John must fulfill the + latter. It therefore falls into the Atlantic Ocean, and as the identity + of the boundary of the treaty with that of the proclamation of 1763 and + act of 1774 is admitted, then is the St. John an Atlantic river, and the + line claimed by the United States fulfills both conditions, and is the + only line to the west of the meridian of the St. Croix which can + possibly do so. +</p> +<p> + The choice of a line different from that presented to the choice of the + King of the Netherlands is no new instance of the uncertainty which has + affected all the forms in which Great Britain has urged her claim. +</p> +<p> + In fact, nothing shows more conclusively the weakness of the ground on + which the British claim rests than the continual changes which it has + been necessary to make in order to found any feasible argument upon + it.<a href="#note-60"><small>60</small></a> In the discussion of 1798 it was maintained on the part of Great + Britain that the meridian line must cross the St. John River; in the + argument before the commissioners under the fifth article of the treaty + of Ghent it was denied that it ever could have been the intention of the + framers of the treaty of 1783 that it should. Yet the mouthpiece by + which both arguments were delivered was one and the same person. The + same agent chose as the termination of what he attempted to represent + as a continuous range of hills an isolated mountain, Mars Hill; and + the commissioners whose report is under consideration place a range of + abraded highlands, "the maximum axis of elevation," in a region over + which British engineers have proposed to carry a railroad as the most + level and lowest line which exists between St. Andrews and Quebec.<a href="#note-61"><small>61</small></a> +</p> +<p> + On the other hand, the American claim, based on the only practicable + interpretation of the treaty of 1783, has been consistent throughout: + "Let the meridian line be extended until it meets the southern boundary + of the Province of Quebec, as defined by the proclamation of 1763 and + the act of Parliament of 1774." +</p> +<p> + No argument can be drawn against the American claim from the secret + instructions of Congress dated August, 1779. All that is shown by + these instructions is the willingness to accept a more convenient + boundary—one defined by a great natural feature, and which would have + rendered the difficult operation of tracing the line of highlands and + that of determining the meridian of the St. Croix by astronomic methods + unnecessary. The words of the instructions are: +</p> +<p> + "And east by a line to be drawn along the middle of the St. John from + its source to its mouth in the Bay of Fundy, <i>or</i> by a line to be + settled and adjusted between that part of the State of Massachusetts Bay + formerly called the Province of Maine and the colony of Nova Scotia, + agreeably to their respective rights, comprehending all islands within + 20 leagues of the shores of the United States and lying between lines to + be drawn due east from the points where the aforesaid boundaries between + Nova Scotia on the one part and East Florida on the other part shall + respectively touch the Bay of Fundy and the Atlantic Ocean." +</p> +<p> + The proposal in the first alternative was to appearance a perfectly fair + one. From an estimate made by Dr. Tiarks, the astronomer of Great + Britain under the fifth article of the treaty of Ghent, in conformity + with directions from Colonel Barclay, the British commissioner, it was + ascertained that the whole disputed territory contained 10,705 square + miles; that the territory bounded by the St. John to its mouth contained + 707 square miles less, or 9,998 square miles. The difference at the time + was probably believed to be insensible. The first alternative was, + however, rejected by Great Britain, and obviously on grounds connected + with a difference in supposed advantage between the two propositions. + The American commissioners were satisfied that they could urge no legal + claim along the coast beyond the river St. Croix; they therefore treated + on the other alternative in their instructions—the admitted limits + between Massachusetts and Nova Scotia. Even in the former alternative, + Nova Scotia would still have had a northwest angle, for the very use of + the term shows that by the St. John its northwestern and not the + southwestern branch was intended. +</p> +<p> + At that moment, when the interior of the country was unknown, the + adoption of the St. John as the boundary, even admitting that the + Walloostook, its southwestern branch, is the main stream, would have + given to the United States a territory of more immediate value than + that they now claim. For this very reason the proposition was instantly + rejected by Great Britain, and the State of Massachusetts was forced + to be contented with the distant region now in debate—a region then + believed to be almost inaccessible and hardly fit for human habitation. +</p> +<p> + Even now, were there not vested private rights on both sides which might + render such a plan difficult of application, the undersigned would not + hesitate to recommend that this line should be accepted in lieu of the + one which is claimed under the treaty of 1783. +</p> +<p> + It is finally obvious, from the most cursory inspection of any of the + maps of the territory in question, that the line claimed for Great + Britain in the argument before the King of the Netherlands fulfills + no more than one of the two conditions, while that of Messrs. + Featherstonhaugh and Mudge fulfills neither; and as the line claimed on + the part of the United States is denied to be capable of meeting the + terms of the treaty of 1783 by Great Britain, there is no line that, + in conformity with the British argument, can be drawn within the + disputed territory or its vicinity that will comply with either of + the conditions. This is as well and as distinctly shown in the map of + Mitchell as in the map of the British commission. It would therefore + appear, if, these views be correct, that the framers of the treaty + of 1783 went through the solemn farce of binding their respective + Governments to a boundary which they well knew did not and could not + exist. +</p> +<center> + V.—NORTHWEST HEAD OF CONNECTICUT RIVER. +</center> +<p> + The true mode of determining the most northwesterly of any two given + points need no longer be a matter of discussion. It has already been + a matter adjudicated and assented to by both Governments, in the case + of the Lake of the Woods. The point to be considered as most to the + northwest is that which a ruler laid on a map drawn according to + Mercator's projection in a direction northeast and southwest and moved + parallel to itself toward the northwest would last touch. In this view + of the subject the Eastern Branch of the Connecticut, which forms the + lake of that name, is excluded, for its source, so far from lying to the + northwest of those of the other two branches which have been explored, + actually lies to the south of the source of the Indian Stream. The + question must therefore lie between the two others, and it is as yet + impossible to decide which of them is best entitled to the epithet, as + their sources lie very nearly in the same northeast and southwest rhomb + line. Another circumstance would, however, render the decision between + them easy. The forty-fifth parallel of latitude, as laid out by the + surveyors of the Provinces of Quebec and New York in conformity with + the proclamation of 1763, crosses Halls Stream above its junction with + the united current of the other two. In this case the latter is the + Connecticut River of the treaty of 1783, and Halls Stream, which has + not yet joined it, must be excluded. The parallel, as corrected by the + united operations of the British and American astronomers under the + fifth article of the treaty of Ghent, does not touch Halls Stream, and + the Connecticut River, to which it is produced, is the united current of + the three streams. If, then, the corrected parallel should become the + boundary between the United States and the British Provinces, Halls + Stream must become one of those the claim of whose source to the title + of the north-westernmost head of Connecticut River is to be examined. + And here it may be suggested, although with the hesitation that is + natural in impeaching such high authority, that the commissioners under + the fifth article of the treaty of Ghent in all probability misconstrued + that instrument when they reopened the question of the forty-fifth + parallel. It can not be said that the forty-fifth degree of latitude had + "<i>not been surveyed</i>" when it is notorious that it had been traced and + marked throughout the whole extent from St. Regis to the bank of the + Connecticut River. +</p> +<p> + In studying, for the purpose of illustration, the history of this part + of the boundary line it will be found that a change was made in it by + the Quebec act of 1774. The proclamation of 1763 directs the forty-fifth + parallel to be continued only until it meets highlands, while in that + bill the Connecticut River is made the boundary of the Province of + Quebec. Now the earlier of these instruments was evidently founded upon + the French claim to extend their possession of Canada 10 leagues from + the St. Lawrence River, and from the citadel of Quebec, looking to the + south, are seen mountains whence rivers flow to the St. Lawrence. On + their opposite slope there was a probability that streams might flow to + the Atlantic. These mountains, however, are visibly separated from those + over which the line claimed by the United States runs by a wide gap. + This is the valley of the Chaudiere; and the St. Francis also rises on + the southeastern side of these mountains and makes its way through them. + It is not, therefore, in any sense a dividing ridge. Yet under the + proclamation of 1763 the Provinces of New York and New Hampshire claimed + and were entitled to the territory lying behind it, which is covered by + their royal charters. The Quebec act, it would appear, was intended to + divest them of it, and according to the construction of the treaty of + 1783 now contended for the United States acquiesced in this diminution + of the territory of those members of the Union. If, however, it be true, + as maintained by Messrs. Featherstonhaugh and Mudge, that the highlands + seen to the south of Quebec are a portion of the ridge seen from + southeast to northeast, and if, as they maintain, so deep and wide a + valley as that of the St. John is no disruption of the continuity of + highlands, it would be possible to show that the highlands of the treaty + of 1783 are made up of these two ridges of mountains and that the United + States is entitled to the whole of the eastern townships. This range of + highlands would coincide with the terms of the proclamation of 1763 by + terminating on the north shore of the Bay of Chaleurs, while the abraded + highlands of Messrs. Featherstonhaugh and Mudge terminate on its south + shore. In fact, there is no step in their argument which might not be + adduced to support this claim, nor any apparent absurdity in preferring + it which would not find its parallel in one or other of the positions + they assume. +</p> +<p> + In this view of the history of this part of the line it becomes evident, + however, that in divesting the Provinces of New York and New Hampshire + by the Quebec act of territory admitted to belong to them in the + proclamation of 1763 the British Parliament must have intended to make + the encroachment as small as possible, and the first important branch of + the Connecticut met with in tracing the forty-fifth parallel must have + been intended. This intention is fully borne out by the words of the + treaty of 1783, which chose from among the branches of the Connecticut + that whose source is farthest to the northwest. +</p> +<p> + It has therefore been shown in the foregoing statement— +</p> +<p> + 1. That the river to be considered as the St. Croix and its true source + have been designated by a solemn act, to which the good faith of the + majesty of Great Britain and of the people of the United States is + pledged, and can not now be disturbed. +</p> +<p> + 2. That the boundary line must, in compliance with the provisions of the + treaty of 1783, be drawn due north from the source of that river, and in + no other direction whatever. +</p> +<p> + 3. That the northwest angle of Nova Scotia was a point sufficiently + known at the date of the treaty of 1783 to be made the starting point + of the boundary of the United States; that it was both described in the + treaty and defined, without being named in previous official acts of the + British Government, in so forcible a manner that no difficulty need have + existed in finding it. +</p> +<p> + 4. That the line of highlands claimed by the United States is, as the + argument on the part of Great Britain has maintained it ought to be, in + a mountainous region, while that proposed by Messrs. Featherstonhaugh + and Mudge does not possess this character; that it is also, in the sense + uniformly maintained by the United States, the height of land, which + that of Messrs. Featherstonhaugh and Mudge is not; that it fulfills in + every sense the conditions of the proclamation of 1763, the Quebec act + of 1774, and the treaty of 1783, which no other line that can possibly + be drawn in the territory in question can perform. +</p> +<p> + 5. That as far as the Indian Stream and that flowing through Lake + Connecticut are concerned, the source of the former must in the sense + established by the assent of both parties be considered as the + northwestern source of the Connecticut River, but that if the old + demarcation of the forty-fifth parallel be disturbed the question must + lie between the sources of Halls and of Indian streams. +</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> +<center> + <i>Note I</i>. +</center> +<center> + [Treaty of 1794, Article V.] +</center> +<p> + Whereas doubts have arisen what river was truly intended under the + name of the river St. Croix mentioned in the said treaty of peace, and + forming a part of the boundary therein described, that question shall be + referred to the final decision of commissioners to be appointed in the + following manner, viz: +</p> +<p> + One commissioner shall be named by His Majesty and one by the President + of the United States, by and with the advice and consent of the Senate + thereof, and the said two commissioners shall agree on the choice of a + third, or, if they can not so agree, they shall each propose one person, + and of the two names so proposed one shall be drawn by lot in the + presence of the two original commissioners; and the three commissioners + so appointed shall be sworn impartially to examine and decide the said + question according to such evidence as shall respectively be laid before + them on the part of the British Government and of the United States. + The said commissioners shall meet at Halifax, and shall have power to + adjourn to such other place or places as they shall think fit. They + shall have power to appoint a secretary and to employ such surveyors + or other persons as they shall judge necessary. The said commissioners + shall, by a declaration under their hands and seals, decide what river + is the river St. Croix intended by the treaty. The said declaration + shall contain a description of the said river and shall particularize + the latitude and longitude of its mouth and of its source. Duplicates + of this declaration and of the statements of their accounts and of the + journal of their proceedings shall be delivered by them to the agent + of His Majesty and to the agent of the United States who may be + respectively appointed and authorized to manage the business on behalf + of the respective Governments. And both parties agree to consider such + decision as final and conclusive, so as that the same shall never + thereafter be called into question or made the subject of dispute or + difference between them. +</p> +<center> + <i>Note II</i>. +</center> +<p> + Declaration of the commissioners under the fifth article of the treaty + of 1794 between the United States and Great Britain, respecting the true + river St. Croix, by Thomas Barclay, David Howell, and Egbert Benson, + commissioners appointed in pursuance of the fifth article of the treaty + of amity, commerce, and navigation between His Britannic Majesty and the + United States of America finally to decide the question "What river was + truly intended under the name of the river St. Croix mentioned in the + treaty of peace between His Majesty and the United States, and forming + a part of the boundary therein described?" +</p> +<center> + DECLARATION. +</center> +<p> + We, the said commissioners, having been sworn impartially to examine + and decide the said question according to such evidence as should + respectively be laid before us on the part of the British Government and + of the United States, respectively, appointed and authorized to manage + the business on behalf of the respective Governments, have decided, + and hereby do decide, the river hereinafter particularly described and + mentioned to be the river truly intended under the name of the river St. + Croix in the said treaty of peace, and forming a part of the boundary + therein described; that is to say, the mouth of the said river is in + Passamaquoddy Bay at a point of land called Joes Point, about 1 mile + northward from the northern part of St. Andrews Island, and in the + latitude of 45° 5' and 5" north, and in the longitude of 67° 12' and 30" + west from the Royal Observatory at Greenwich, in Great Britain, and 3° + 54' and 15" east from Harvard College, in the University of Cambridge, + in the State of Massachusetts; and the course of the said river up from + its said mouth is northerly to a point of land called the Devils Head; + then, turning the said point, is westerly to where it divides into + two streams, the one coming from the westward and the other from the + northward, having the Indian name of Cheputnatecook, or Chebuitcook, as + the same may be variously spelt; then up the said stream so coming from + the northward to its source, which is at a stake near a yellow-birch + tree hooped with iron and marked S.T. and J.H., 1797, by Samuel Titcomb + and John Harris, the surveyors employed to survey the above-mentioned + stream coming from the northward. +</p> +<center> + <i>Note III</i>. +</center> +<center> + [Article V of the treaty of Ghent, 1814.] +</center> +<p> + Whereas neither that point of the highlands lying due north from the + source of the river St. Croix, and designated in the former treaty of + peace between the two powers as the northwest angle of Nova Scotia, nor + the northwesternmost head of Connecticut River has yet been ascertained; + and whereas that part of the boundary line between the dominions of the + two powers which extends from the source of the river St. Croix directly + north to the above-mentioned northwest angle of Nova Scotia; thence + 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; thence down + along the middle of that river to the forty-fifth degree of north + latitude; thence by a line due west on said latitude until it strikes + the river Iroquois, or Cataraquy, has not yet been surveyed, it is + agreed that for these several purposes two commissioners shall be + appointed, sworn, and authorized to act exactly in the manner directed + with respect to those mentioned in the next preceding article, unless + otherwise specified in the present article. The said commissioners shall + meet at St. Andrews, in the Province of New Brunswick, and shall have + power to adjourn to such other place or places as they shall think fit. + The said commissioners shall have power to ascertain and determine the + points above mentioned in conformity with the provisions of the said + treaty of peace of 1783, and shall cause the boundary aforesaid, from + the source of the river St. Croix to the river Iroquois, or Cataraquy, + to be surveyed and marked according to the said provisions. The said + commissioners shall make a map of the said boundary, and annex to it a + declaration under their hands and seals certifying it to be the true map + of the said boundary, and particularizing the latitude and longitude + of the northwest angle of Nova Scotia, of the northwesternmost head of + Connecticut River, and of such other points of the said boundary as + they may deem proper; and both parties agree to consider such map and + declaration as finally and conclusively fixing the said boundary. And in + the event of the said two commissioners differing, or both or either of + them refusing, declining, or willfully omitting to act, such reports, + declarations, or statements shall be made by them or either of them, and + such reference to a friendly sovereign or state shall be made in all + respects as in the latter part of the fourth article is contained, and + in as full a manner as if the same was herein repeated. +</p> +<center> + <i>Note IV</i>. +</center> +<p> + The point originally chosen by the commissioners in 1798 as the source + of the St. Croix was to all appearance the act of an umpire who wished + to reconcile two contending claims by giving to each party about half + the matter in dispute. No one who compares Mitchell's map with that of + Messrs. Featherstonhaugh and Mudge can fail to recognize in the St. + Croix of the former the Magaguadavic of the latter. That this was the + St. Croix intended by the framers of the treaty of 1783 was maintained, + and, it may be safely asserted, proved on the American side. On the + other hand, it was ascertained that the river called St. Croix by De + Monts was the Schoodiac; and the agent of Great Britain insisted that + the letter of the instrument was to be received as the only evidence, no + matter what might have been the intentions of the framers. The American + argument rested on the equity of the case, the British on the strict + legal interpretation of the document. The commissioners were divided in + opinion, each espousing the cause of his country. In this position of + things the umpire provided for in the treaty of 1794 was chosen, and + in the United States it has always been believed unfortunately for her + pretensions. A lawyer of eminence, who had reached the seat of a judge, + first of a State court and then of a tribunal of the General Government, + he prided himself on his freedom from the influence of feeling in his + decisions. As commissioner for the settlement of the boundary between + the States of New York and Vermont, he had offended the former, of which + he was a native, by admitting the claim of the latter in its full + extent, and it was believed that he would rather encounter the odium of + his fellow-citizens than run the risk of being charged with partiality + toward them. Colonel Barclay, the British commissioner, who concurred + in choosing him as umpire, had been his schoolfellow and youthful + associate, and it is believed in the United States that he concurred in, + if he did not prompt, the nomination from a knowledge of this feature + of character. Had he, as is insinuated by Messrs. Featherstonhaugh and + Mudge, been inclined to act with partiality toward his own country, he + had most plausible grounds for giving a verdict in her favor, and that + he did not found his decisions upon them is evidence of a determination + to be impartial, which his countrymen have said was manifested in a + leaning to the opposite side. Those who suspect him of being biased by + improper motives must either be ignorant of the circumstances of the + case or else incapable of estimating the purity of the character of + Egbert Benson. His award, however, has nothing to do with the question, + as it was never acted upon. Both parties were dissatisfied with the + conclusions at which he arrived, and in consequence a conventional + line in which both concurred was agreed upon, and the award of the + commissioners was no more than a formal act to make this convention + binding. +</p> +<p> + If, then, both Governments should think it expedient to unsettle the + vested rights which have arisen out of the award of 1798, there is a + strong and plausible ground on which the United States may claim the + Magaguadavic as their boundary, and the meridian line of its source + will throw the valley of the St. John from Woodstock to the Grand + Falls within the limits of the State of Maine. While, therefore, it + is maintained that it would violate good faith to reopen the question, + there is good reason to hope that an impartial umpire would decide it + so as to give the United States the boundary formerly claimed. +</p> +<center> + <i>Note V</i>. +</center> +<p> + The angle made by the southern boundary of the Province of Quebec with + the due north line from the source of the St. Croix first appeared in an + English dress in the commission to Governor Wilmot. This was probably + intended to be identical in its meaning with the terms in the Latin + grant to Sir William Alexander, although there is no evidence to that + effect. If, therefore, it were a false translation, the error has been + committed on the side of Great Britain, and not on that of the United + States. But it is not a false translation, as may be shown to the + satisfaction of the merest tyro in classical literature. +</p> +<p> + The words of the grant to Sir William Alexander, as quoted by Messrs. + Featherstonhaugh and Mudge, are as follows, viz: +</p> +<p> + "Omnes et singulas terras continentis ac insulas situatas et jacentes in + America intra caput seu promontorium communiter <i>Cap de Sable</i> appellat, + jacen. prope latitudinem quadraginta trium graduum aut eo circa ab + equinoctiali linea versus septentrionem, a quo promontorio versus littus + maris tenden, ad occidentem ad stationem Sanctae Mariae navium vulgo + <i>Sanctmareis Bay</i>. Et deinceps, versus septentrionem per directam lineam + introitum sive ostium magnae illius stationis navium trajicien, quae + excurrit in terrae orientalem plagam inter regiones Suriquorum et + Etcheminorum vulgo <i>Suriquois</i> et <i>Etchemines</i> ad fluvium vulgo nomine + <i>Sanctae Crucis</i> appellat. Et ad scaturiginem remotissimam sive fontem + ex occidentali parte ejusdem qui se primum predicto fluvio immiscet. + Unde per imaginariam directam lineam quae pergere per terram seu currere + versus septentrionem concipietur ad proximam navium stationem, fluvium, + vel scaturiginem in magno fluvio de Canada sese exonerantem. Et ab eo + pergendo versus orientem per maris oris littorales ejusdem fluvii de + Canada ad fluvium, stationem navium, portum, aut littus communiter + nomine de Gathepe vel Gaspee notum et appellatum." +</p> +<p> + The authentic Latin copy of the grant to Sir William Alexander, as + communicated officially by the British Government, contains no commas, + and would read as follows: +</p> +<p> + "Omnes et singulas terras continentis ac insulas situatas et jacentes in + America intra caput seu promontorium communiter Cap de Sable appellat. + Jacen. prope latitudinem quadraginta trium graduum aut eo circa ab + equinoctiali linea versus septentrionem a quo promontorio versus littus + maris tenden. ad occidentem ad stationem Sanctae Mariae navium vulgo + Sanctmareis Bay. Et deinceps versus septentrionem per directam lineam + introitum sive ostium magnae illius stationis navium trajicien. quae + excurrit in terrae orientalem plagam inter regiones Suriquorum et + Etecheminorum vulgo Suriquois et Etechemines ad fluvium vulgo nomine + Sanctae Crucis appellat. Et ad scaturiginem remotissimam sive fontem ex + occidentali parte ejusdem qui se primum predicto fluvio immiscet. Unde + per imaginariam directam lineam quae pergere per terram seu currere + versus septentrionem concipietur ad proximam navium stationem fluvium + vel scaturiginem in magno fluvio de Canada sese exonerantem. Et ab eo + pergendo versus orientem per maris oris littorales ejusdem fluvii de + Canada ad fluvium stationem navium portum aut littus communiter nomine + de Gathepe vel Gaspee notum et appellatum." +</p> +<p> + The translation of Messrs. Mudge and Featherstonhaugh is as follows: +</p> +<p> + "All and each of the lands of the continent and the islands situated + and lying in America within the headland or promontory commonly called + Cape Sable, lying near the forty-third degree of latitude from the + equinoctial line or thereabout; from which promontory stretching + westwardly toward the north by the seashore to the naval station of + St. Mary, commonly called St. Marys Bay; from thence passing toward the + north by a straight line, the entrance or mouth of that great naval + station which penetrates the interior of the eastern shore betwixt the + countries of the Suriquois and Etchemins, to the river commonly called + the St. Croix, and to the most remote source or spring of the same on + the western side which first mingles itself with the aforesaid river; + from whence, by an imaginary straight line, which may be supposed + (concipietur) to advance into the country or to run toward the north to + the nearest naval station, river, or spring discharging itself into the + great river of Canada and from thence advancing toward the east by the + gulf shores of the said river of Canada to the river, naval station, + port, or shore commonly known or called by the name of Gathepe or + Gaspe." +</p> +<p> + The only American translations which have ever been presented in + argument are as follows: +</p> +<center> + [Translation of Messrs. Gallatin and Preble, who were employed to + prepare the statement laid before the King of the Netherlands.] +</center> +<p> + "Beginning at Cape Sable, in 43° north latitude or thereabout; extending + thence westwardly along the seashore to the road commonly called St. + Marys Bay; thence toward the north by a direct line, crossing the + entrance or mouth of that great ship road which runs into the eastern + tract of land between the territories of the Souriquois and of the + Etchemins (Bay of Fundy), to the river commonly called St. Croix, and + to the most remote spring or source which from the western part thereof + first mingles itself with the river aforesaid; and from thence, by an + imaginary direct line, which may be conceived to stretch through the + land or to run toward the north, to the nearest road, river, or spring + emptying itself into the great river de Canada (river St. Lawrence); and + from thence, proceeding eastwardly along the seashores of the said river + de Canada, to the river, road, port, or shore commonly known and called + by the name of Gathepe or Gaspe." +</p> +<center> + [Translation of Mr. Bradley, the American agent under the fifth article + of the treaty of Ghent.] +</center> +<p> + "By the tenor of this our present charter we do give, grant, and convey + to the said Sir William Alexander, his heirs or assigns, all and + singular the lands of the continent and islands situated and lying in + America within the headland or promontory commonly called Cape Sable, + lying near the latitude of 43° or thereabout, from the equinoctial line + toward the north; from which promontory stretching toward the shore of + the sea to the west to the road of ships commonly called St. Marys Bay, + and then toward the north by a direct line, crossing the entrance or + mouth of that great road of ships which runs into the eastern tract of + land between the territories of the Souriquois and the Etchemins, to the + river called by the name of St. Croix, and to the most remote spring or + fountain from the western part thereof which first mingles itself with + the river aforesaid; whence, by an imaginary direct line, which may be + conceived to go through or run toward the north, to the nearest road of + ships, river, or spring emptying itself into the great river of Canada; + and from thence proceeding toward the east by the shores of the sea of + the said river of Canada to the river, road of ships, or shore commonly + known and called by the name of Gachepe or Gaspe." +</p> +<p> + But the translations of the Americans were merely for form's sake, as + the original Latin, in a copy furnished from a British public office, + was laid before the King of the Netherlands; and no fear need have been + felt that the umpire would not have been able to judge whether the + translations were true or not. It was rather to be inferred that he, in + examining a question submitted in a language foreign to him, would have + found the Latin quite as intelligible as the English. This examination, + however, is wholly superfluous. +</p> +<p> + From whatever source the negotiators of the treaty of 1783 derived their + view of the boundary, that instrument directs that it shall be a due + north line from the source of the river St. Croix. This expression is + too definite to require explanation or illustration, and it is only for + those purposes that any other instrument can be permitted to be quoted. +</p> +<p> + In the passages referred to the words "versus septentrionem" occur three + times, and in two of the instances are qualified by the context in such + manner as to leave no possible doubt as to the meaning. The first time + they occur the words of the passage are, "prope latitudinem quadraginta + trium graduum aut eo circa versus septentrionem." The free translation + into modern idiom is beyond doubt, "near the forty-third degree of north + latitude or thereabout;" and the direction toward the north must be + along a meridian line on which latitude is measured, or due north. + Messrs. Mudge and Featherstonhaugh, instead of connecting in their + translation the words "versus septentrionem" with the words "prope + latitudinem," etc., with which they stand in juxtaposition in the Latin + text which they quote, connect them with the words "ad occidentem + tendentem," which occur in the next clause of the sentence, even + according to their own punctuation. We note this as a false translation, + although it does not touch the point in dispute. They have, indeed, + attempted to use it in their argument; but even if the use they make + of it had been successful their inferences fall, because drawn from + erroneous premises. +</p> +<p> + The second clause in which the words occur is as follows: "Ad stationem + navium Sanctae Mariae vulgo St. Marys Bay, et deinceps versus + septentrionem per directam lineam introitum sive ostium magnae illius + stationis navium trajicientem," etc., "ad fluvium vulgo nomine Sanctae + Crucis appellatum." Here the line, although directed to be drawn toward + the north, is also directed to be drawn between two given points, and it + is clear that under the double direction, if they should differ from + each other, the position of the given points must govern, and the line + be traced from one of them to the other, no matter what may be their + bearings. +</p> +<p> + The last time the words occur is after the direction that the line shall + pass up the St. Croix and to the most remote western spring or fountain + of that stream, "unde per imaginariam lineam directam quae pergere per + terram seu currere versus septentrionem concipietur." Here alone can any + doubt exist as to the meaning of the terms, and that is easily solved. +</p> +<p> + The boundary pointed out in the instrument is "such as may be conceived + to go or run toward the north by (per) a direct (directam) line." Now a + direct line toward the north can be no other than a meridian line. Had + it been merely a straight line of vague northerly direction which was + meant, <i>rectum</i>, the usual expression for a mathematical straight line, + would have been used instead of <i>directam</i>. It is, moreover, to be + considered that the Romans had names both for the northeast and + northwest points of the compass, and that the expression "versus + septentrionem" in its most vague application could not possibly have + admitted of a deviation of more than two points on either hand. Had the + direction intended deviated more than that amount from the true north, + the Latin term corresponding to northeast or northwest must have been + used. Nor is this a matter of mere surmise, for in a passage immediately + following that which has been quoted the direction through the Gulf + of St. Lawrence toward Cape Breton is denoted by the term "versus + Euronotum," leaving no possibility of doubt that had the line directed + to be drawn from the source of the St. Croix been intended to have + a northwestern bearing the appropriate Latin words would have been + employed. +</p> +<p> + It is, besides, to be recollected that the instrument was drawn by a + person using habitually and thinking in a modern idiom, and that in + translating the English words due north into Latin no other possible + expression could suggest itself than the one employed. Such, then, + was the sense appropriately given to the Latin words, first in the + commission of Governor Wilmot and his successors, governors of Nova + Scotia, and subsequently in the commission of all the governors of New + Brunswick from the time that it was erected into a province until the + question was referred to the King of the Netherlands. In this reference, + although a translation was given in the American argument, it was not as + quoted by Messrs. Featherstonhaugh and Mudge, but was in the words which + have already been cited. +</p> +<p> + Connected with this subject, although, like it, wholly irrelevant, is + another conclusion which Messrs. Mudge and Featherstonhaugh attempt to + draw from the same grant to Sir William Alexander. That charter directs + the line "versus septentrionem" to be produced "ad proximam navium + stationem, fluvium, vel scaturiginem in magno fluvio de Canada sese + exonerantem." It can hardly be credited that, although a literal + translation of this passage is given, including the whole of the three + terms naval station, river, <i>or</i> spring, that it is attempted to limit + the meaning to the first expression only, and to infer that as Quebec, + in their opinion, is the first naval station above Gaspe on the St. + Lawrence, the line "versus septentrionem" was intended to be drawn + toward that place, but that as "spring" is also mentioned the line + must stop at the source of the Chaudiere. Now it has been uniformly + maintained by British authorities, and most strongly in the discussion + which preceded the War of 1756, that Nova Scotia extended to the St. + Lawrence. The boundary of Sir William Alexander's grant was therefore to + be changed from a geographical line to a water course as soon as it met + with one, and the apparently useless verbiage was introduced to meet + every possible contingency. Supposing, however, that it did not extend + so far, the northwest angle of his Nova Scotia will be where the + meridian line of the St. Croix crosses the Beaver Stream running into + Lake Johnson, only a mile to the north of the point maintained by the + American claim to be such. +</p> +<p> + The map of L'Escarbot, quoted by Messrs. Mudge and Featherstonhaugh, + illustrates both this point and the second instance in which the term + "versus septentrionem" is employed. On that map, due north of the Bay + of St. Marys, a deep inlet of the Bay of Fundy is represented, and, + continuing in the same direction, a deep inlet of the St. Lawrence is + figured. The latter does not exist, but this map shows that it was + believed to exist at the time of the grant, and must be the "statio + navium" of that instrument. +</p> +<p> + This inlet of the Bay of Fundy occupies the position of the St. John, + which is almost due north by the most recent determination from St. + Marys Bay, and is so represented on their own map. That the St. John + was by mistake arising from this cause taken for the St. Croix in the + charter to Alexander is obvious from its being described as lying + between the territories of the Etchemin and Souriquois. Now Etchemin, or + canoe men, is the name given by the Micmac Indians to the race of the + Abenakis, from their skill in the management of the canoe; and this race + has always inhabited the river, whence one of their tribes is still + called St. John's Indians. The language of this tribe, although they + have lived apart for many years, is still perfectly intelligible by the + Indians of the Penobscot, and those in the service of the commission + conversed with perfect ease with the Indians of Tobique. Massachusetts, + then, was right in claiming to the St. John as the eastern limit of + the grant to Sir William Alexander, being the stream understood and + described in it under the name of St. Croix, and wholly different from + the river known to the French under that name. If, therefore, Great + Britain should insist that the question in relation to the St. Croix + shall be reopened, the United States would be able to maintain in the + very terms of the original grant to Alexander (on which the British + argument in 1797 rested) that the St. John is the St. Croix, and the + boundary will be that river to its most northwestern source, the + Asherbish, which flows into the upper end of Lake Temiscouata. Nova + Scotia will then have recovered her lost northwest angle, which can not + be found in any of the many shapes under which the British argument has + been presented, although it forms the place of beginning of what is + called a grant to the United States. +</p> +<center> + <i>Note VI</i>. +</center> +<p> + The fact that a line drawn from the source of the Kennebec to the mouth + of the Chaudiere or thereabout must be one of the boundary lines of + the grant to the Duke of York has not escaped the notice of Messrs. + Featherstonhaugh and Mudge; but they have not derived the true result + from this discovery. The Kennebec being the western limit of the grant, + the line in question bounds the territory on the southwest, while they + infer that it bounds it on the northeast. In making this inference they + appear to have forgotten that the St. Croix is the eastern boundary of + the grant. By their argument the grant to the Duke of York is blotted + wholly from the map, or, rather, becomes a mathematical line which is + absurd. +</p> +<center> + <i>Note VII</i>. +</center> +<p> + No name which has ever been applied to any part of North America is as + vague as that of Acadie. The charter to De Monts in 1604 extended from + the fortieth to the forty-sixth degree of north latitude; that is to + say, from Sandy Hook, at the mouth of the Hudson, to the peninsula of + Nova Scotia. It therefore included New York, parts of New Jersey and + Pennsylvania, and all the New England States, but excluded the disputed + territory. His settlement was at the mouth of the St. Croix, but + was speedily removed to Port Royal. The latter place was soon after + destroyed by an expedition from Virginia under Argall. Under the title + derived from this conquest it would appear probable that the celebrated + grant to Sir William Stirling was made; but when his agents attempted + to make settlements in the country they found that the French had + preoccupied it. Although the son of Alexander succeeded in conquering + the country granted to his father, and even beyond it to the Penobscot, + it was restored to France by the treaty of St. Germains in 1634, and the + Alexanders were indemnified for the loss by the Crown of England. +</p> +<p> + In the subsequent cessions to France after its occupations by the arms + of Massachusetts, and in its final cession to Great Britain by the + treaty of Utrecht in 1713, the country ceded is described as Acadie or + Nova Scotia, with its ancient bounds (<i>cum finibus antiquis</i>). The + uncertainty arising from this vague description became in 1750 a subject + of controversy between France and England, and was one of the causes + which led to the war of 1756. In this discussion both parties admitted + that the names Acadie and Nova Scotia were convertible terms. England + maintained that the territory thus named extended to the St. Lawrence; + the French, on the other hand, insisted that their Acadie had never + extended more than 10 leagues from the Bay of Fundy; while by + geographers, as quoted by the British commissioners, the name was + limited to the peninsula which forms the present Province of Nova + Scotia.<a href="#note-62"><small>62</small></a> If Acadie had been limited to the north by the forty-sixth + degree of north latitude, as expressed in the charter of De Monts, + that parallel is to the south of Mars Hill. The British Government, + therefore, derives no title to the disputed territory from this source, + as the title of Massachusetts and of Maine as her successor is admitted + to all country south of that parallel.<a href="#note-63"><small>63</small></a> +</p> +<p> + It is very easy to tell what country was actually settled by the French + as Acadie. Its chief town was Port Royal, now Annapolis, at the head of + the Bay of Fundy. Nearly all the settlements of the Acadians were in + that vicinity, and for the most part within the peninsula. +</p> +<p> + From these seats they were removed in 1756 by Great Britain, and to + them a remnant was permitted to return. The most western settlement of + Acadians was on the St. John River near the present site of Fredericton, + and no permanent occupation was ever made by them of country west of the + St. Croix. It is even doubtful whether the settlement near Fredericton + was a part of French Acadie, for it seems to have been formed by persons + who escaped from the general seizure and transportation of their + countrymen. +</p> +<p> + This settlement was broken up in 1783, and its inhabitants sought refuge + at Madawaska; but it can not be pretended that this forced removal of + Acadians subsequent to the treaty of 1783 was an extension of the name + of their country. The whole argument in favor of the British claim + founded on the limits of ancient Acadie therefore fails: +</p> +<p> + First. Because of the inherent vagueness of the term, on which no + settled understanding was ever had, although England held it to be + synonymous with Nova Scotia and France denied that it extended more + than 10 leagues from the Bay of Fundy. +</p> +<p> + Second. Because by its original definition in the grant to De Monts it + excludes the whole disputed territory on the one side; and +</p> +<p> + Third. Because in its practical sense, as a real settlement, it is + wholly to the east of the meridian of the St. Croix, and this excludes + the whole of the disputed territory on the other. +</p> +<p> + The portion of the territory granted to the Duke of York, and which is + now the subject of dispute, therefore can not be claimed as a part of + Acadie, as it never fell within its limits either by charter or by + occupation. +</p> +<center> + <i>Note VIII</i>. +</center> +<center> + [Extract from the award of the King of the Netherlands.] +</center> +<p> + Considering that in 1763, 1765, 1773, and 1782 it was established that + Nova Scotia should be bounded at the north as far as the western + extremity of the Bay des Chaleurs by the southern boundary of the + Province of Quebec; that this delimitation is again found with respect + to the Province of Quebec in the commission of the Governor-General of + Quebec of 1786, wherein the language of the proclamation of 1763 and of + the Quebec act of 1774 has been used, as also in the commissions of 1786 + and others of subsequent dates of the governors of New Brunswick, with + respect to the last-mentioned Province, as well as in a great number + of maps anterior and posterior to the treaty of 1783; and that the + first article of the said treaty specifies by name the States whose + independence is acknowledged; but that this mention does not imply + (<i>implique</i>) the entire coincidence of the boundaries between the + two powers, as settled by the following article, with the ancient + delimitation of the British Provinces, whose preservation is not + mentioned in the treaty of 1783, and which, owing to its continual + changes and the uncertainty which continued to exist respecting it, + created from time to time differences between the provincial + authorities. +</p> +<center> + <i>Note IX</i>. +</center> +<center> + [Article IV of the convention of 1827.] +</center> +<p> + The map called Mitchell's map, by which the framers of the treaty + of 1783 are acknowledged to have regulated their joint and official + proceedings, and the Map A, which has been agreed on by the contracting + parties as a delineation of the water courses, and of the boundary lines + in reference to the said water courses, as contended for by each party, + respectively, and which has accordingly been signed by the above-named + plenipotentiaries at the same time with this convention, shall be + annexed to the statements of the contracting parties and be the only + maps that shall be considered as evidence mutually acknowledged by the + contracting parties of the topography of the country. +</p> +<p> + It shall, however, be lawful for either party to annex to its respective + first statement, for the purposes of general illustration, any of the + maps, surveys, or topographical delineations which were filed with + the commissioners under the fifth article of the treaty of Ghent, + any engraved map heretofore published, and also a transcript of the + above-mentioned Map A or of a section thereof, in which transcript each + party may lay down the highlands or other features of the country as it + shall think fit, the water courses and the boundary lines as claimed + by each party remaining as laid down in the said Map A. But this + transcript, as well as all the other maps, surveys, or topographical + delineations, other than the Map A and Mitchell's map, intended to be + thus annexed by either party to the respective statements, shall be + communicated to the other party, in the same manner as aforesaid, within + nine months after the exchange of the ratifications of this convention, + and shall be subject to such objections and observations as the other + contracting party may deem it expedient to make thereto, and shall annex + to his first statement, either in the margin of such transcript, map or + maps, or otherwise. +</p> +<center> + <i>Note X</i>. +</center> +<center> + [Extract from the award of the King of the Netherlands.] +</center> +<p> + Considering that, according to the instances alleged, the term highlands + applies not only to a hilly or elevated country, but also to land which, + without being hilly, divides waters flowing in different directions, and + that thus the character, more or less hilly and elevated, of the country + through which are drawn the two lines respectively claimed at the north + and at the south of the river St. John can not form the basis of a + choice between them. +</p> +<center> + <i>Note XI</i>. +</center> +<p> + The reason of the double delineation of the Restigouche on the map of + Mitchell and several others of ancient date is obvious. A mistake was + common to them all by which the Bay of Chaleurs was laid down too + far to the north. The main branch, or Grande Fourche, of Restigouche + (Katawamkedgwick) has been reached by parties setting out from the banks + of the St. Lawrence at Metis, and was known to fall into the Bay of + Chaleurs, while the united stream had also been visited by persons + crossing the wagansis of Grand River and descending the Southwestern + Branch. The map makers could not, in consequence of the error in + latitude, make their plat meet, and therefore considered the part of + the united streams reached in the two different directions as different + bodies of water, and without authority sought an outlet for that which + they laid down as the southernmost of the two in another bay of the Gulf + of St. Lawrence. On many of the maps, however, the small stream which + modern geographers improperly call Restigouche is readily + distinguishable under the name of Chacodi. +</p> +<center> + <i>Note XII</i>. +</center> +<p> + In the argument of the British commissioners under Jay's treaty the + following points were maintained, and, being sanctioned by the decision + of the umpire, became the grounds of an award acceded to by both + Governments: +</p> +<p> + First. That the limits of Nova Scotia had been altered from the southern + bank of the St. Lawrence to the highlands described in the treaty of + peace. +</p> +<p> + Second. That if the river Schoodiac were the true St. Croix the + northwest angle of Nova Scotia could be formed by the western and + northern boundaries (the meridian line and the highlands). +</p> +<p> + Third. That the territory of Acadie, or Nova Scotia, was, the same + territory granted to Sir William Alexander. +</p> +<p> + Fourth. That the sea and Atlantic Ocean were used as convertible terms. +</p> +<p> + Fifth. That from the date of the treaty of Utrecht the boundary between + Massachusetts and Nova Scotia was that of the patent to Sir William + Alexander. +</p> +<p> + Sixth. That the Provinces of Quebec and Nova Scotia belonged to and were + in possession of His Britannic Majesty in 1783, and that he had an + undoubted right to cede to the United States such part of them as he + might think fit. +</p> +<p> + Seventh. That the due north line from the source of the St. Croix must + of necessity cross the St. John. +</p> +<p> + It has since been maintained on the part of Great Britain: +</p> +<p> + First. That the limits of Nova Scotia never did extend to the St. + Lawrence. +</p> +<p> + Second. That the northwest angle of Nova Scotia was unknown in 1783. +</p> +<p> + Third. That Acadie extended south to the forty-sixth degree of north + latitude, and was not the same with Nova Scotia. +</p> +<p> + Fourth. That the sea and the Atlantic Ocean were different things. +</p> +<p> + Fifth. That the claims and rights of Massachusetts did not extend to the + western bounds of the grant to Sir William Alexander. +</p> +<p> + Sixth. That this being the case the cession of territory not included + within her limits is void. +</p> +<p> + Seventh. That it could never have been intended that the meridian line + should cross the St. John. +</p> +<center> + <i>Note XIII</i>. +</center> +<p> + It has been pretended that the grant of the fief of Madawaska in 1683 + can be urged as a bar to the claim of Massachusetts. That fief, indeed, + was among the early grants of the French governors of Canada, but it is + not included in the claim which the French themselves set up. It was + therefore covered by the Massachusetts charter, because the grant had + never been acted upon. Even up to the present day this fief can hardly + be said to be settled or occupied except by the retainers of the + garrison of Fort Ingall, and from all the evidence which could be found + on the spot it appeared that no settlement had ever been made upon it + until the establishment of a posthouse some time between the date of the + treaties of 1783 and 1794. It therefore was not at the time the charter + of Massachusetts was granted (1691) "actually possessed or inhabited by + any other Christian prince or state." +</p> +<p> + An argument has also been attempted to be drawn from the limits given on + Greenleaf's map to a purchase made from the State of Massachusetts by + Watkins and Flint. This purchase is, however, by the patent extended to + the highlands, and the surveyors who laid it out crossed the Walloostook + in search of them. Here they met, at a short distance from that stream, + with waters running to the north, which they conceived to be waters of + the St. Lawrence, and they terminated their survey. The lines traced on + Greenleaf's map are therefore incorrect, either as compared with the + grant or the actual survey, and although from a want of knowledge of the + country the surveyors stopped at waters running into Lake Temiscouata + instead of the St. Lawrence, the very error shows the understanding they + had of the true design of the patent, and this transaction, so far from + being an available argument against the American claim, is an act of + possession at an early date within the limits of the disputed territory. +</p> + +<p> </p><p> </p> + +<p class="r"> + WASHINGTON, <i>April 8, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with your resolution of the 31st March, 1842, I have the + honor to submit the accompanying document and report<a href="#note-64"><small>64</small></a> from the + Commissioner of the General Land Office. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 9, 1842</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 a copy of the correspondence<a href="#note-65"><small>65</small></a> requested by + their resolution of the 7th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 11, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit a memorial<a href="#note-66"><small>66</small></a> which I have received from the + Choctaw tribe of Indians and citizens of the State of Mississippi, with + a request that I should communicate the same to Congress. This I do not + feel myself at liberty to decline, inasmuch as I think that some action + by Congress is called for by justice to the memorialists and in + compliance with the plighted national faith. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 12, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In further compliance with the resolution of the Senate of the 2d of + February last, requesting information touching the demarcation of the + boundary line between the United States and the Republic of Texas, + I transmit a report from the Secretary of State and the accompanying + documents. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>April 13, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 24th of July last, + I communicate to that body a report from the Secretary of State, + conveying copies of the correspondence<a href="#note-67"><small>67</small></a> which contains the + information called for by that resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 13, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 29th July last, I + communicate to that body a report from the Secretary of State, conveying + copies of the correspondence<a href="#note-68"><small>68</small></a> which contains the information called + for by said resolution. +</p> +<p> + In communicating these papers to the Senate I call their particular + attention to that portion of the report of the Secretary of State in + which he suggests the propriety of not making public certain parts of + the correspondence which accompanied it. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 18, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have the honor to transmit herewith the report<a href="#note-69"><small>69</small></a> of the Secretary + of State, in compliance with the resolution of the Senate of the 18th + February, 1842. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 19, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, in part compliance with a resolution of the Senate + of February 18, a report from the Secretary of War, inclosing a list + of all officers, agents, and commissioners employed under the War + Department who are not such by express provision of law, with other + information required by the resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>April 19, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report from the Secretary of War, containing a + list of appointments to office made in that Department since the 4th day + of April, 1841, in part compliance with the resolution of the House of + Representatives of the 21st ultimo. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>April 20, 1842</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I submit to Congress a report from the Secretary of State, accompanied + by documents relating to an application by the captain and owners of the + Spanish ship <i>Sabina</i>,<a href="#note-70"><small>70</small></a> which is recommended to their favorable + consideration. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 28, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit to the Senate, for the constitutional action of that body, a + treaty concluded on the 11th day of August last with the Minda Wankanton + bands of the Dakota or Sioux Nation of Indians, with the papers + necessary to an understanding of the subject. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>April 28, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit to the Senate, for the constitutional action of that body, a + treaty concluded with the half-breeds of the Dakota or Sioux Nation on + the 3ist day of July last, together with the papers referred to in the + accompanying communication from the Secretary of War as necessary to a + full view of the whole subject. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>April 30, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In compliance with your resolution of the 29th instant, I have the honor + to transmit the reports of Messrs. Kelley and Steuart, two of the + commissioners originally appointed, along with Mr. Poindexter, to + investigate the affairs of the custom-house of New York, together with + all the correspondence and testimony accompanying the same, and also the + report of Mr. Poindexter, to which is annexed two letters, subscribed by + Mr. Poindexter and Mr. Bradley. The last-named gentleman was substituted + in the place of Mr. Kelley, whose inclinations and duties called him to + his residence in Ohio after the return of the commissioners to this + city, about the last of August. One of the letters just mentioned was + addressed to the Secretary of the Treasury and bears date the 12th of + April instant, and the other to myself, dated the 20th of this month. + From the former you will learn that a most interesting portion of + the inquiry instituted by this Department (viz, that relating to + light-houses, buoys, beacons, revenue cutters, and revenue boats) is + proposed to be made the subject of a further report by Messrs. Bradley + and Poindexter. You will also learn, through the accompanying letter + from Mr. Steuart, the reasons which have delayed him in making a + supplemental and additional report to that already made by himself and + Mr. Kelley, embracing his views and opinions upon the developments made + subsequent to the withdrawal of Mr. Kelley from the commission and the + substitution of Mr. Bradley in his place. I also transmit two documents + furnished by Mr. Steuart, and which were handed by him to the Secretary + of the Treasury on the 7th instant, the one being "memoranda of + proceedings," etc., marked No. 1, and the other "letters accompanying + memoranda," etc., marked No. 2. +</p> +<p> + The commission was instituted for the purpose of ascertaining existing + defects in the custom-house regulations, to trace to their true causes + past errors, to detect abuses, and by wholesome reforms to guard + in future not only against fraud and peculation, but error and + mismanagement. For these purposes a selection was made of persons of + acknowledged intelligence and industry, and upon this task they have + been engaged for almost an entire year, and their labors remain yet to + be completed. The character of those labors may be estimated by the + extent of Messrs. Kelley and Steuart's report, embracing about 100 + pages of closely written manuscript, the voluminous memoranda and + correspondence of Mr. Steuart, the great mass of evidence accompanying + Messrs. Kelley and Steuart's report, and the report of Mr. Poindexter, + extending over 394 pages, comprised in the volume accompanying this, + and additional reports still remaining to be made, as before stated. +</p> +<p> + I should be better pleased to have it in my power to communicate the + entire mass of reports made and contemplated to be made at one and the + same time, and still more should I have been gratified if time could + have been allowed me, consistently with the apparent desire of the House + of Representatives to be put into immediate possession of these papers, + to have compared or even to have read with deliberation the views + presented by the commissioners as to proposed reforms in the revenue + laws, together with the mass of documentary evidence and information by + which they have been explained and enforced and which do not admit of a + satisfactory comparison until the whole circle of reports be completed. + Charges of malfeasance against some of those now in office will devolve + upon the Executive a rigid investigation into their extent and + character, and will in due season claim my attention. The readiness, + however, with which the House proposes to enter upon the grave and + difficult subjects which these papers suggest having anticipated that + consideration of them by the Executive which their importance demands, + it only remains for me, in lieu of specific recommendations, which under + other circumstances it would have been my duty to make, to urge upon + Congress the importance and necessity of introducing the earliest + reforms in existing laws and usages, so as to guard the country in + future against frauds in the collection of the revenues and the Treasury + against peculation, to relieve trade and commerce from oppressive + regulations, and to guard law and morality against violation and abuse. +</p> +<p> + As from their great volume it has been necessary to transmit the + original papers to the House, I have to suggest the propriety of the + House taking order for their restoration to the Treasury Department + at such time as may comport with its pleasure. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>May 2, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I have this day received and now transmit to the House of + Representatives the accompanying communication from Benjamin F. Butler, + having relation to the reports of the commissioners appointed by me to + examine into the affairs connected with the New York custom-house. As + the whole subject is in possession of the House, I deem it also proper + to communicate Mr. Butler's letter. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>May 10, 1842</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + The season for active hostilities in Florida having nearly terminated, + my attention has necessarily been directed to the course of measures to + be pursued hereafter in relation to the few Indians yet remaining in + that Territory. Their number is believed not to exceed 240, of whom + there are supposed to be about 80 warriors, or males capable of bearing + arms. The further pursuit of these miserable beings by a large military + force seems to be as injudicious as it is unavailing. The history + of the last year's campaign in Florida has satisfactorily shown that + notwithstanding the vigorous and incessant operations of our troops + (which can not be exceeded), the Indian mode of warfare, their dispersed + condition, and the very smallness of their number (which increases the + difficulty of finding them in the abundant and almost inaccessible + hiding places of the Territory) render any further attempt to secure + them by force impracticable except by the employment of the most + expensive means. The exhibition of force and the constant efforts + to capture or destroy them of course places them beyond the reach of + overtures to surrender. It is believed by the distinguished officer in + command there that a different system should now be pursued to attain + the entire removal of all the Indians in Florida, and he recommends + that hostilities should cease unless the renewal of them be rendered + necessary by new aggressions; that communications should be opened by + means of the Indians with him to insure them a peaceful and voluntary + surrender, and that the military operations should hereafter be directed + to the protection of the inhabitants. +</p> +<p> + These views are strengthened and corroborated by the governor of the + Territory, by many of its most intelligent citizens, and by numerous + officers of the Army who have served and are still serving in that + region. Mature reflection has satisfied me that these recommendations + are sound and just; and I rejoice that consistently with duty to Florida + I may indulge my desire to promote the great interests of humanity and + extend the reign of peace and good will by terminating the unhappy + warfare that has so long been carried on there, and at the same time + gratify my anxiety to reduce the demands upon the Treasury by curtailing + the extraordinary expenses which have attended the contest. I have + therefore authorized the colonel in command there as soon as he shall + deem it expedient to declare that hostilities against the Indians have + ceased, and that they will not be renewed unless provoked and rendered + indispensable by new outrages on their part, but that neither citizens + nor troops are to be restrained from any necessary and proper acts of + self-defense against any attempts to molest them. He is instructed to + open communications with those yet remaining, and endeavor by all + peaceable means to persuade them to consult their true interests by + joining their brethren at the West; and directions have been given for + establishing a cordon or line of protection for the inhabitants by the + necessary number of troops. +</p> +<p> + But to render this system of protection effectual it is essential + that settlements of our citizens should be made within the line so + established, and that they should be armed, so as to be ready to repel + any attack. In order to afford inducements to such settlements, I submit + to the consideration of Congress the propriety of allowing a reasonable + quantity of land to the head of each family that shall permanently + occupy it, and of extending the existing provisions on that subject so + as to permit the issue of rations for the subsistence of the settlers + for one year; and as few of them will probably be provided with arms, it + would be expedient to authorize the loan of muskets and the delivery of + a proper quantity of cartridges or of powder and balls. By such means it + is to be hoped that a hardy population will soon occupy the rich soil of + the frontiers of Florida, who will be as capable as willing to defend + themselves and their houses, and thus relieve the Government from + further anxiety or expense for their protection. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>May 13, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith a report<a href="#note-71"><small>71</small></a> from the Postmaster-General, made in + pursuance of the resolution of the House of Representatives of the 21st + of March last, together with the accompanying documents. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 16, 1842</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + Having directed hostilities in Florida to cease, the time seems to have + arrived for distinguishing with appropriate honors the brave army that + have so long encountered the perils of savage warfare in a country + presenting every imaginable difficulty and in seasons and under a + climate fruitful of disease. The history of the hardships which our + soldiers have endured, of the patience and perseverance which have + enabled them to triumph over obstacles altogether unexampled, and of the + gallantry which they have exhibited on every occasion which a subtle + and skulking foe would allow them to improve is so familiar as not to + require repetition at my hands. But justice to the officers and men now + in Florida demands that their privations, sufferings, and dauntless + exertions during a summer's campaign in such a climate, which for the + first time was witnessed during the last year, should be specially + commended. The foe has not been allowed opportunity either to plant or + to cultivate or to reap. The season, which to him has usually been one + of repose and preparation for renewed conflict, has been vigorously + occupied by incessant and harassing pursuit, by penetrating his hiding + places and laying waste his rude dwellings, and by driving him from + swamp to swamp and from everglade to everglade. True, disease and death + have been encountered at the same time and in the same pursuit, but + they have been disregarded by a brave and gallant army, determined on + fulfilling to the uttermost the duties assigned them, however inglorious + they might esteem the particular service in which they were engaged. +</p> +<p> + To all who have been thus engaged the executive department, responding + to the universal sentiment of the country, has already awarded the meed + of approbation. There must, however, in all such cases be some who, + availing themselves of the occasions which fortune afforded, have + distinguished themselves for "gallant actions and meritorious conduct" + beyond the usual high gallantry and great merit which an intelligent + public opinion concedes to the whole Army. To express to these the sense + which their Government cherishes of their public conduct and to hold up + to their fellow-citizens the bright example of their courage, constancy, + and patriotic devotion would seem to be but the performance of the very + duty contemplated by that provision of our laws which authorizes the + issuing of brevet commissions. +</p> +<p> + Fortunately for the country, a long peace, interrupted only by + difficulties with Indians at particular points, has afforded few + occasions for the exercise of this power, and it may be regarded as + favorable to the encouragement of a proper military spirit throughout + the Army that an opportunity is now given to evince the readiness of the + Government to reward unusual merit with a peculiar and lasting + distinction. +</p> +<p> + I therefore nominate to the Senate the persons whose names are contained + in the accompanying list<a href="#note-72"><small>72</small></a> for brevet commissions for services in + Florida. That the number is large is evidence only of the value of the + services rendered during a contest that has continued nearly as long as + the War of the Revolution. The difficulty has been to reduce the number + as much as possible without injustice to any, and to accomplish this + great and mature consideration has been bestowed on the case of every + officer who has served in Florida. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 24, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate a treaty recently concluded with the + Wyandott tribe of Indians, and request the advice and consent of the + Senate to the ratification of the same as proposed to be modified by the + War Department. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>June 1, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit a report from the Acting Commissioner of the General + Land Office and the documents accompanying the same (from No. 1 to No. + 7), in relation to the conduct of N.P. Taylor, present register and + former clerk in the land office at St. Louis, in compliance with your + resolution of the 9th May. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>June 10, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit herewith a treaty concluded at Buffalo Creek on the 20th day of + May last between the United States and the Seneca Nation of Indians, for + your advice and consent to its ratification, together with a report on + the subject from the War Department. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>June 13, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 2d of March last, + requesting information touching proceedings under the convention of the + 11th of April, 1839, between the United States and the Mexican Republic, + I transmit a report from the Secretary of State, with the accompanying + documents. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>June 15, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 29th of March + last, calling for information touching the relations between the United + States and the Mexican Republic, I transmit a report from the Secretary + of State, with the accompanying documents.<a href="#note-73"><small>73</small></a> +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 17, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith transmit a report from the Secretary of the Treasury, which, + accompanied by copies of certain letters of Mr. Ewing, late Secretary + of the Treasury, and a statement<a href="#note-74"><small>74</small></a> from the Treasury Department, + completes the answer, a part of which has heretofore been furnished, to + your resolution of the 7th of February last, and complies also with your + resolution of the 3d instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 20, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + A resolution of the House of Representatives of the 13th instant has + been communicated to me, requesting, "so far as may be compatible with + the public interest, a copy of the quintuple treaty between the five + powers of Europe for the suppression of the African slave trade, and + also copies of any remonstrance or protest addressed by Lewis Cass, + envoy extraordinary and minister plenipotentiary of the United States + at the Court of France, to that Government, against the ratification + by France of the said treaty, and of all correspondence between + the Governments of the United States and of France, and of all + communications from the said Lewis Cass to his own Government and + from this Government to him relating thereto." +</p> +<p> + In answer to this request I have to say that the treaty mentioned + therein has not been officially communicated to the Government of the + United States, and no authentic copy of it, therefore, can be furnished. + In regard to the other papers requested, although it is my hope and + expectation that it will be proper and convenient at an early day to lay + them before Congress, together with others connected with the same + subjects, yet in my opinion a communication of them to the House of + Representatives at this time would not be compatible with the public + interest. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>June 22, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with a resolution of the Senate of the 15th of April last, + I communicate to the Senate a report from the Secretary of State, + accompanying copies of the correspondence<a href="#note-75"><small>75</small></a> called for by said + resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 24, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate the translation of a letter<a href="#note-76"><small>76</small></a> + addressed by the minister of France at Washington to the Secretary of + State of the United States and a copy of the answer given thereto by my + direction, and invite to the subject of the minister's letter all the + consideration due to its importance and to a proposition originating in + a desire to promote mutual convenience and emanating from a Government + with which it is both our interest and our desire to maintain the most + amicable relations. +</p> +<p class="r"> JOHN TYLER.</p> +<center> + [The same message was sent to the House of Representatives.] +</center> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 24, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 16th of February + last, I herewith transmit a letter<a href="#note-77"><small>77</small></a> from the Secretary of State and + the papers in that Department called for by the resolution aforesaid. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 25, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I have this day approved and signed an act, which originated in the + House of Representatives, entitled "An act for an apportionment of + Representatives among the several States according to the Sixth Census," + and have caused the same to be deposited in the office of the Secretary + of State, accompanied by an exposition of my reasons for giving to it my + sanction. +</p> +<p class="r"> JOHN TYLER.</p> + +<center> + [Transmitted to the House of Representatives by the Secretary of State + in compliance with a resolution of that body.] +</center> +<p class="r"> + WASHINGTON, <i>June 25,1842</i>. +</p> +<p> + A BILL entitled "An act for an apportionment of Representatives among + the several States according to the Sixth Census," approved June 25, 1842. +</p> +<p> + In approving this bill I feel it due to myself to say, as well that my + motives for signing it may be rightly understood as that my opinions may + not be liable to be misconstrued or quoted hereafter erroneously as a + precedent, that I have not proceeded so much upon a <i>clear and decided + opinion of my own</i> respecting the constitutionality or policy of the + entire act as from respect to the declared will of the two Houses of + Congress. +</p> +<p> + In yielding <i>my doubts</i> to the matured opinion of Congress I have + followed the advice of the first Secretary of State to the first + President of the United States and the example set by that illustrious + citizen upon a memorable occasion. +</p> +<p> + When I was a member of either House of Congress I acted under the + conviction that <i>to doubt</i> as to the constitutionality of a law was + sufficient to induce me to give my vote against it; but I have not been + able to bring myself to believe that <i>a doubtful opinion</i> of the Chief + Magistrate ought to outweigh the solemnly pronounced opinion of the + representatives of the people and of the States. +</p> +<p> + One of the prominent features of the bill is that which purports + to be mandatory on the States to form districts for the choice of + Representatives to Congress, in single districts. That Congress itself + has power by law to alter State regulations respecting the manner of + holding elections for Representatives is clear, but its power to command + the States to make new regulations or alter their existing regulations + is the question upon which I have felt deep and strong doubts. I have + yielded those doubts, however, to the opinion of the Legislature, giving + effect to their enactment as far as depends on my approbation, and + leaving questions which may arise hereafter, if unhappily such should + arise, to be settled by full consideration of the several provisions of + the Constitution and the laws and the authority of each House to judge + of the elections, returns, and qualifications of its own members. +</p> +<p> + Similar considerations have operated with me in regard to the + representation of fractions above a moiety of the representative number, + and where such moiety exceeds 30,000—a question on which a diversity of + opinion has existed from the foundation of the Government. The provision + recommends itself from its nearer approximation to equality than would + be found in the application of a common and simple divisor to the + entire population of each State, and corrects in a great degree those + inequalities which are destined at the recurrence of each succeeding + census so greatly to augment. +</p> +<p> + In approving the bill I flatter myself that a disposition will be + perceived on my part to concede to the opinions of Congress in a matter + which may conduce to the good of the country and the stability of its + institutions, upon which my own opinion is not clear and decided. + But it seemed to me due to the respectability of opinion against the + constitutionality of the bill, as well as to the real difficulties + of the subject, which no one feels more sensibly than I do, that the + reasons which have determined me should be left on record. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>July 1, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In pursuance of the suggestions contained in the accompanying letter + from the Secretary of the Navy and of my own convictions of their + propriety, I transmit to the Senate the report made by Lieutenant + Wilkes, commander of the exploring expedition, relative to the Oregon + Territory. Having due regard to the negotiations now pending between + this Government and the Government of Great Britain through its special + envoy, I have thought it proper to communicate the report confidentially + to the Senate. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>July 2, 1842</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I submit to Congress the printed copy of certain resolutions of the + legislature of the State of Louisiana, accompanied by a letter from the + Senators and Representatives from that State, and also a letter from the + Solicitor of the Treasury and Commissioner of the General Land Office, + requesting and recommending that a suit in ejectment may be authorized + and directed in order to test the validity of a grant made on the 20th + of June, 1797, by the Baron de Carondelet, Governor-General of + Louisiana, to the Marquis de Maison Rouge. +</p> +<p> + The magnitude of this claim renders it highly desirable that a speedy + termination should be put to all contest concerning it, and I therefore + recommend that Congress shall authorize such proceedings as may be best + calculated to bring it to a close. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>July 9, 1842</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 21st ultimo, requesting information relative to proceedings of this + Government in the case of George Johnson, a citizen of the United States + aggrieved by acts of authorities of the Republic of Uruguay, I transmit + a report from the Secretary of State with the accompanying Papers. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>July 14, 1842</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 12th + instant, requesting copies of papers upon the subject of the relations + between the United States and the Mexican Republic, I transmit a report + from the Secretary of State and the documents by which it was + accompanied. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>July 14, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 11th instant, + calling for the recent correspondence between the Republic of Mexico and + this Government in relation to Texas, I transmit a report from the + Secretary of State, with the accompanying documents. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>July 20, 1842</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 29th of April last, I transmit herewith a + supplemental and additional report of William M. Steuart, one of the + commissioners appointed to investigate the affairs of the New York + custom-house, which has recently been received, and which, like the + reports of the commissioners heretofore communicated to the House, I + have not had an opportunity to examine. For the reason stated in my + message to the House of the 30th of April last, I shall abstain, as I + have done hitherto, from recommending any specific measures which might + be suggested by an examination of the various reports on the subject. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>July 22, 1842</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 + 13th instant, upon the subject of the relations between the United + States and the Republic of Texas, I transmit a report from the Secretary + of State. My last communication to Congress relating to that Republic + was my message of the 30th of March last, suggesting the expediency + of legislative provisions for improving the trade and facilitating + the intercourse by post between the United States and Texas. The + report of the Secretary of State is accompanied by a copy of all the + correspondence between the two Governments since that period which it + would be compatible with the public interest to communicate to the + House of Representatives at this time. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>August 8, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In the communication made to the Senate on the 13th of June, in answer + to its resolution of the 2d of March last, there appears to have been, + among other papers, sundry letters addressed to the Department of State + by certain claimants or their agents containing reflections upon the + character of the umpire appointed by His Prussian Majesty pursuant to + the convention between the United States and the Mexican Republic of the + 11th of April, 1839. As the call was for all communications which had + been addressed to the Department of State by any of the claimants under + that convention relative to the proceedings and progress of the mixed + commission, the copies were prepared and submitted without attracting + the attention either of the head of the Department or myself. If those + letters had been noticed, their transmission to the Senate, if + transmitted at all, would have been accompanied by a disclaimer on the + part of the Executive of any intention to approve such charges. The + Executive has no complaint to make against the conduct or decisions of + the highly respectable person appointed by his sovereign umpire between + the American and Mexican commissioners. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>August 10, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with your resolution of the 18th July, I herewith transmit + a letter from the Acting Secretary of the Treasury and a report from the + Commissioner of Public Buildings, together with the accompanying + documents.<a href="#note-78"><small>78</small></a> +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>August 11, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have the satisfaction to communicate to the Senate the results of + the negotiations recently had in this city with the British minister, + special and extraordinary. +</p> +<p> + These results comprise— +</p> +<p> + First. A treaty to settle and define the boundaries between the + territories of the United States and the possessions of Her Britannic + Majesty in North America, for the suppression of the African slave + trade, and the surrender of criminals fugitive from justice in certain + cases. +</p> +<p> + Second. A correspondence on the subject of the interference of the + colonial authorities of the British West Indies with American merchant + vessels driven by stress of weather or carried by violence into the + ports of those colonies. +</p> +<p> + Third. A correspondence upon the subject of the attack and destruction + of the steamboat <i>Caroline</i>. +</p> +<p> + Fourth. A correspondence on the subject of impressment. +</p> +<p> + If this treaty shall receive the approbation of the Senate, it will + terminate a difference respecting boundary which has long subsisted + between the two Governments, has been the subject of several ineffectual + attempts at settlement, and has sometimes led to great irritation, not + without danger of disturbing the existing peace. Both the United States + and the States more immediately concerned have entertained no doubt of + the validity of the American title to all the territory which has been + in dispute, but that title was controverted and the Government of the + United States had agreed to make the dispute a subject of arbitration. + One arbitration had been actually had, but had failed to settle the + controversy, and it was found at the commencement of last year that a + correspondence had been in progress between the two Governments for a + joint commission, with an ultimate reference to an umpire or arbitrator + with authority to make a final decision. That correspondence, however, + had been retarded by various occurrences, and had come to no definite + result when the special mission of Lord Ashburton was announced. This + movement on the part of England afforded in the judgment of the + Executive a favorable opportunity for making an attempt to settle this + long-existing controversy by some agreement or treaty without further + reference to arbitration. +</p> +<p> + It seemed entirely proper that if this purpose were entertained + consultation should be had with the authorities of the States of + Maine and Massachusetts. Letters, therefore, of which copies are + herewith communicated, were addressed to the governors of those States, + suggesting that commissioners should be appointed by each of them, + respectively, to repair to this city and confer with the authorities + of this Government on a line by agreement or compromise, with its + equivalents and compensations. This suggestion was met by both States + in a spirit of candor and patriotism and promptly complied with. + Four commissioners on the part of Maine and three on the part of + Massachusetts, all persons of distinction and high character, were duly + appointed and commissioned and lost no time in presenting themselves at + the seat of the Government of the United States. These commissioners + have been in correspondence with this Government during the period of + the discussions; have enjoyed its confidence and freest communications; + have aided the general object with their counsel and advice, and in the + end have unanimously signified their assent to the line proposed in the + treaty. +</p> +<p> + Ordinarily it would be no easy task to reconcile and bring together such + a variety of interests in a matter in itself difficult and perplexed, + but the efforts of the Government in attempting to accomplish this + desirable object have been seconded and sustained by a spirit of + accommodation and conciliation on the part of the States concerned, + to which much of the success of these efforts is to be ascribed. +</p> +<p> + Connected with the settlement of the line of the northeastern boundary, + so far as it respects the States of Maine and Massachusetts, is the + continuation of that line along the highlands to the northwesternmost + head of Connecticut River. Which of the sources of that stream is + entitled to this character has been matter of controversy and of some + interest to the State of New Hampshire. The King of the Netherlands + decided the main branch to be the northwesternmost head of the + Connecticut. This did not satisfy the claim of New Hampshire. The line + agreed to in the present treaty follows the highlands to the head of + Halls Stream and thence down that river, embracing the whole claim of + New Hampshire and establishing her title to 100,000 acres of territory + more than she would have had by the decision of the King of the + Netherlands. +</p> +<p> + By the treaty of 1783 the line is to proceed down the Connecticut + River to the forty-fifth degree of north latitude, and thence west by + that parallel till it strikes the St. Lawrence. Recent examinations + having ascertained that the line heretofore received as the true line of + latitude between those points was erroneous, and that the correction of + this error would not only leave on the British side a considerable tract + of territory heretofore supposed to belong to the States of Vermont and + New York, but also Rouses Point, the site of a military work of the + United States, it has been regarded as an object of importance not only + to establish the rights and jurisdiction of those States up to the line + to which they have been considered to extend, but also to comprehend + Rouses Point within the territory of the United States. The + relinquishment by the British Government of all the territory south of + the line heretofore considered to be the true line has been obtained, + and the consideration for this relinquishment is to inure by the + provisions of the treaty to the States of Maine and Massachusetts. +</p> +<p> + The line of boundary, then, from the source of the St. Croix to the St. + Lawrence, so far as Maine and Massachusetts are concerned, is fixed by + their own consent and for considerations satisfactory to them, the chief + of these considerations being the privilege of transporting the lumber + and agricultural products grown and raised in Maine on the waters of the + St. Johns and its tributaries down that river to the ocean free from + imposition or disability. The importance of this privilege, perpetual + in its terms, to a country covered at present by pine forests of great + value, and much of it capable hereafter of agricultural improvement, is + not a matter upon which the opinion of intelligent men is likely to be + divided. +</p> +<p> + So far as New Hampshire is concerned, the treaty secures all that she + requires, and New York and Vermont are quieted to the extent of their + claim and occupation. The difference which would be made in the northern + boundary of these two States by correcting the parallel of latitude may + be seen on Tanner's maps (1836), new atlas, maps Nos. 6 and 9. +</p> +<p> + From the intersection of the forty-fifth degree of north latitude + with the St. Lawrence and along that river and the lakes to the water + communication between Lake Huron and Lake Superior the line was + definitively agreed on by the commissioners of the two Governments + under the sixth article of the treaty of Ghent; but between this + last-mentioned point and the Lake of the Woods the commissioners acting + under the seventh article of that treaty found several matters of + disagreement, and therefore made no joint report to their respective + Governments. The first of these was Sugar Island, or St. Georges Island, + lying in St. Marys River, or the water communication between Lakes Huron + and Superior. By the present treaty this island is embraced in the + territories of the United States. Both from soil and position it is + regarded as of much value. +</p> +<p> + Another matter of difference was the manner of extending the line from + the point at which the commissioners arrived, north of Isle Royale, + in Lake Superior, to the Lake of the Woods. The British commissioner + insisted on proceeding to Fond du Lac, at the southwest angle of the + lake, and thence by the river St. Louis to the Rainy Lake. The American + commissioner supposed the true course to be to proceed by way of the Dog + River. Attempts were made to compromise this difference, but without + success. The details of these proceedings are found at length in the + printed separate reports of the commissioners. +</p> +<p> + From the imperfect knowledge of this remote country at the date of + the treaty of peace, some of the descriptions in that treaty do not + harmonize with its natural features as now ascertained. "Long Lake" is + nowhere to be found under that name. There is reason for supposing, + however, that the sheet of water intended by that name is the estuary + at the mouth of Pigeon River. The present treaty therefore adopts that + estuary and river, and afterwards pursues the usual route across the + height of land by the various portages and small lakes till the line + reaches Rainy Lake, from which the commissioners agreed on the extension + of it to its termination in the northwest angle of the Lake of the + Woods. The region of country on and near the shore of the lake between + Pigeon River on the north and Fond du Lac and the river St. Louis on + the south and west, considered valuable as a mineral region, is thus + included within the United States. It embraces a territory of 4,000,000 + acres northward of the claim set up by the British commissioner under + the treaty of Ghent. From the height of land at the head of Pigeon River + westerly to the Rainy Lake the country is understood to be of little + value, being described by surveyors and marked on the map as a region + of rock and water. +</p> +<p> + From the northwest angle of the Lake of the Woods, which is found to be + in latitude 45° 23' 55" north, existing treaties require the line to be + run due south to its intersection with the forty-fifth parallel, and + thence along that parallel to the Rocky Mountains. +</p> +<p> + After sundry informal communications with the British minister upon the + subject of the claims of the two countries to territory west of the + Rocky Mountains, so little probability was found to exist of coming + to any agreement on that subject at present that it was not thought + expedient to make it one of the subjects of formal negotiation to be + entered upon between this Government and the British minister as part + of his duties under his special mission. +</p> +<p> + By the treaty of 1783 the line of division along the rivers and lakes + from the place where the forty-fifth parallel of north latitude strikes + the St. Lawrence to the outlet of Lake Superior is invariably to be + drawn through the middle of such waters, and not through the middle of + their main channels. Such a line, if extended according to the literal + terms of the treaty, would, it is obvious, occasionally intersect + islands. The manner in which the commissioners of the two Governments + dealt with this difficult subject may be seen in their reports. But + where the line thus following the middle of the river or water course + did not meet with islands, yet it was liable sometimes to leave the only + practicable navigable channel altogether on one side. The treaty made no + provision for the common use of the waters by the citizens and subjects + of both countries. +</p> +<p> + It has happened, therefore, in a few instances that the use of the river + in particular places would be greatly diminished to one party or the + other if in fact there was not a choice in the use of channels and + passages. Thus at the Long Sault, in the St. Lawrence—a dangerous + passage, practicable only for boats—the only safe run is between the + Long Sault Islands and Barnharts Island (all which belong to the United + States) on one side and the American shore on the other. On the other + hand, by far the best passage for vessels of any depth of water from + Lake Erie into the Detroit River is between Bois Blanc, a British + island, and the Canadian shore. So again, there are several channels or + passages, of different degrees of facility and usefulness, between the + several islands in the river St. Clair at or near its entry into the + lake of that name. In these three cases the treaty provides that all the + several passages and channels shall be free and open to the use of the + citizens and subjects of both parties. +</p> +<p> + The treaty obligations subsisting between the two countries for the + suppression of the African slave trade and the complaints made to this + Government within the last three or four years, many of them but too + well founded, of the visitation, seizure, and detention of American + vessels on that coast by British cruisers could not but form a delicate + and highly important part of the negotiations which have now been held. +</p> +<p> + The early and prominent part which the Government of the United States + has taken for the abolition of this unlawful and inhuman traffic is well + known. By the tenth article of the treaty of Ghent it is declared that + the traffic in slaves is irreconcilable with the principles of humanity + and justice, and that both His Majesty and the United States are + desirous of continuing their efforts to promote its entire abolition; + and it is thereby agreed that both the contracting parties shall use + their best endeavors to accomplish so desirable an object. The + Government of the United States has by law declared the African slave + trade piracy, and at its suggestion other nations have made similar + enactments. It has not been wanting in honest and zealous efforts, made + in conformity with the wishes of the whole country, to accomplish the + entire abolition of the traffic in slaves upon the African coast, but + these efforts and those of other countries directed to the same end have + proved to a considerable degree unsuccessful. Treaties are known to have + been entered into some years ago between England and France by which the + former power, which usually maintains a large naval force on the African + station, was authorized to seize and bring in for adjudication vessels + found engaged in the slave trade under the French flag. +</p> +<p> + It is known that in December last a treaty was signed in London by the + representatives of England, France, Russia, Prussia, and Austria having + for its professed object a strong and united effort of the five + powers to put an end to the traffic. This treaty was not officially + communicated to the Government of the United States, but its provisions + and stipulations are supposed to be accurately known to the public. + It is understood to be not yet ratified on the part of France. +</p> +<p> + No application or request has been made to this Government to become + party to this treaty, but the course it might take in regard to it has + excited no small degree of attention and discussion in Europe, as the + principle upon which it is founded and the stipulations which it + contains have caused warm animadversions and great political excitement. +</p> +<p> + In my message at the commencement of the present session of Congress + I endeavored to state the principles which this Government supports + respecting the right of search and the immunity of flags. Desirous of + maintaining those principles fully, at the same time that existing + obligations should be fulfilled, I have thought it most consistent with + the honor and dignity of the country that it should execute its own laws + and perform its own obligations by its own means and its own power. +</p> +<p> + The examination or visitation of the merchant vessels of one nation + by the cruisers of another for any purpose except those known and + acknowledged by the law of nations, under whatever restraints or + regulations it may take place, may lead to dangerous results. It is far + better by other means to supersede any supposed necessity or any motive + for such examination or visit. Interference with a merchant vessel by an + armed cruiser is always a delicate proceeding, apt to touch the point of + national honor as well as to affect the interests of individuals. It has + been thought, therefore, expedient, not only in accordance with the + stipulations of the treaty of Ghent, but at the same time as removing + all pretext on the part of others for violating the immunities of the + American flag upon the seas, as they exist and are defined by the law + of nations, to enter into the articles now submitted to the Senate. +</p> +<p> + The treaty which I now submit to you proposes no alteration, mitigation, + or modification of the rules of the law of nations. It provides simply + that each of the two Governments shall maintain on the coast of Africa + a sufficient squadron to enforce separately and respectively the laws, + rights, and obligations of the two countries for the suppression of the + slave trade. +</p> +<p> + Another consideration of great importance has recommended this mode of + fulfilling the duties and obligations of the country. Our commerce along + the western coast of Africa is extensive, and supposed to be increasing. + There is reason to think that in many cases those engaged in it have met + with interruptions and annoyances caused by the jealousy and instigation + of rivals engaged in the same trade. Many complaints on this subject + have reached the Government. A respectable naval force on the coast is + the natural resort and security against further occurrences of this + kind. +</p> +<p> + The surrender to justice of persons who, having committed high crimes, + seek an asylum in the territories of a neighboring nation would seem to + be an act due to the cause of general justice and properly belonging to + the present state of civilization and intercourse. The British Provinces + of North America are separated from the States of the Union by a line of + several thousand miles, and along portions of this line the amount of + population on either side is quite considerable, while the passage of + the boundary is always easy. +</p> +<p> + Offenders against the law on the one side transfer themselves to the + other. Sometimes, with great difficulty, they are brought to justice, + but very often they wholly escape. A consciousness of immunity from the + power of avoiding justice in this way instigates the unprincipled and + reckless to the commission of offenses, and the peace and good + neighborhood of the border are consequently often disturbed. +</p> +<p> + In the case of offenders fleeing from Canada into the United States, + the governors of States are often applied to for their surrender, and + questions of a very embarrassing nature arise from these applications. + It has been thought highly important, therefore, to provide for the + whole case by a proper treaty stipulation. The article on the subject + in the proposed treaty is carefully confined to such offenses as all + mankind agree to regard as heinous and destructive of the security of + life and property. In this careful and specific enumeration of crimes + the object has been to exclude all political offenses or criminal + charges arising from wars or intestine commotions. Treason, misprision + of treason, libels, desertion from military service, and other offenses + of similar character are excluded. +</p> +<p> + And lest some unforeseen inconvenience or unexpected abuse should arise + from the stipulation rendering its continuance in the opinion of one or + both of the parties not longer desirable, it is left in the power of + either to put an end to it at will. +</p> +<p> + The destruction of the steamboat <i>Caroline</i> at Schlosser four or five + years ago occasioned no small degree of excitement at the time, and + became the subject of correspondence between the two Governments. That + correspondence, having been suspended for a considerable period, was + renewed in the spring of the last year, but no satisfactory result + having been arrived at, it was thought proper, though the occurrence + had ceased to be fresh and recent, not to omit attention to it + on the present occasion. It has only been so far discussed in the + correspondence now submitted as it was accomplished by a violation of + the territory of the United States. The letter of the British minister, + while he attempts to justify that violation upon the ground of a + pressing and overruling necessity, admitting, nevertheless, that + even if justifiable an apology was due for it, and accompanying this + acknowledgment with assurances of the sacred regard of his Government + for the inviolability of national territory, has seemed to me sufficient + to warrant forbearance from any further remonstrance against what took + place as an aggression on the soil and territory of the country. On the + subject of the interference of the British authorities in the West + Indies, a confident hope is entertained that the correspondence which + has taken place, showing the grounds taken by this Government and the + engagements entered into by the British minister, will be found such as + to satisfy the just expectation of the people of the United States. +</p> +<p> + The impressment of seamen from merchant vessels of this country by + British cruisers, although not practiced in time of peace, and therefore + not at present a productive cause of difference and irritation, has, + nevertheless, hitherto been so prominent a topic of controversy and is + so likely to bring on renewed contentions at the first breaking out of a + European war that it has been thought the part of wisdom now to take it + into serious and earnest consideration. The letter from the Secretary of + State to the British minister explains the ground which the Government + has assumed and the principles which it means to uphold. For the defense + of these grounds and the maintenance of these principles the most + perfect reliance is placed on the intelligence of the American people + and on their firmness and patriotism in whatever touches the honor of + the country or its great and essential interests. +</p> +<p class="r"> JOHN TYLER.</p> + +<center> + [The following are inserted because they pertain to the treaty + transmitted with the message of President Tyler immediately preceding.] +</center> +<p class="r"> + DEPARTMENT OF STATE, +<br> + <i>Washington, August 3, 1848</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The Secretary of State has the honor to transmit to the Senate, in + compliance with a resolution adopted by it on the 29th ultimo, a copy of + <i>joint report</i> of the commissioners under the treaty of Washington of + August 9, 1842, together with a copy of the report of the American + commissioner transmitting the same to the State Department. +</p> +<p class="r"> + JAMES BUCHANAN. +</p> +<center> + <i>Mr. Smith to Mr. Buchanan</i>. +</center> +<p class="r"> + WASHINGTON, <i>April 20, 1848</i>. +</p> +<p> + SIR: In presenting to you the joint report of the commissioners + appointed under the treaty of Washington of August 9, 1842, to survey + and mark the line of boundary between the United States and the British + Provinces, which I have the honor herewith most respectfully to submit, + I have to perform the painful duty of informing you that the maps of + that line and of the adjacent country, which had been elaborately + constructed by the scientific corps on the part of the United States, + and contained upon 100 sheets of drawing paper of the largest size, + together with the tables of the survey, have been destroyed by the + conflagration of the building in which they were contained. This house + had been occupied by Major James D. Graham, the head of the scientific + corps and principal astronomer of the American commission, as his office + until his departure for Mexico. All the maps, drawings, and tables had + been completed and duly authenticated by the joint commissioners, and + were ready to be deposited with their joint report under their hands and + seals in the archives of this Government. Of this I had the honor to + inform you in my letter of the 24th ultimo. +</p> +<p> + I can hardly express the pain which this unfortunate event has + occasioned me. But I can not perceive that any imputation of blame can + properly be attached to any officer of the commission. The care and + custody of all the work of the United States scientific corps were + properly placed in charge of Major Graham, as the head of that corps, + who had had the immediate direction and superintendence of it from the + first organization of the commission. He required the maps and tables + at his office for reference and revision in the progress of the + astronomical work. Upon his departure for Mexico he placed Lieutenant + A.W. Whipple in his rooms with an injunction to guard with the utmost + care the valuable property of the commission. On the day after he left + the city, and when for the first time informed of the fact, I called + upon Lieutenant Whipple and requested him to have all the maps, + drawings, and tables ready to be turned over to the State Department on + the following day. On the 24th ultimo I acquainted you with that fact. +</p> +<p> + No censure can possibly be attributed to Lieutenant Whipple, whose great + care and attention to all his duties have been on all occasions highly + distinguished. He escaped from the fire with scarcely an article of his + dress, and his loss in money and clothing is at least $1,000. Major + Graham has lost his valuable library, together with personal effects + to a large amount. The fire was communicated from the basement of the + house, and by no effort could anything be saved. +</p> +<p> + There are tracings of the maps upon "tissue paper," without the + topography, in the State of Maine, but they are not signed by the + commissioners. +</p> +<p> + The field books of the engineers were, fortunately, not in Major + Graham's office, and are preserved. +</p> +<p> + Duplicates of the maps, duly authenticated, have been placed in the + British archives at London, which, although they have not the topography + of the country so fully laid down upon them as it was upon our own, + represent with equal exactness the survey of the boundary itself. Should + it be deemed expedient by this Government to procure copies of them, + access to those archives for that purpose would undoubtedly be + permitted, and the object accomplished at small expense, and when + completed these copies could be authenticated by the joint commissioners + in accordance with the provisions of the treaty. +</p> +<p> + I have the honor to be, with great respect, your obedient and humble + servant, +</p> +<p class="r"> + ALBERT SMITH. +</p> +<center> + <i>Report of the joint commission of boundary appointed under the treaty + of Washington of August 9, 1842</i>. +</center> +<p> + The undersigned, commissioners appointed under the treaty of Washington + to trace and mark the boundary, as directed by that treaty, between the + British possessions in North America and the United States—that is to + say, James Bucknall Bucknall Estcourt, lieutenant-colonel in the British + army, appointed commissioner by Her Britannic Majesty, and Albert Smith, + appointed commissioner by the President of the United States—having + accomplished the duty assigned to them, do now, in accordance with the + directions of the said treaty, submit the following report and the + accompanying maps, jointly signed, to their respective Governments. +</p> +<p> + In obedience to the terms of the treaty, the undersigned met at Bangor, + in the State of Maine, on the 1st day of May, 1843, where they produced + and verified the authority under which they each were respectively to + act. They then adjourned, because the weather was not sufficiently open + for taking the field, to the 1st of the following month (June), and + agreed to meet again at that time at Houlton. +</p> +<p> + Accordingly, they did meet at that place, and began their operations. +</p> +<p> + It may be desirable to state at the outset that for the sake of + convenience the whole line of boundary marked by the undersigned has + been divided in the mention made of the different portions into the + following grand divisions, viz: +</p> +<p> + "North line," from the source of the St. Croix to the intersection of + the St. John. +</p> +<p> + "River St. John," from the intersection of the north line to the mouth + of the St. Francis. +</p> +<p> + "River St. Francis," from its mouth to the outlet of Lake Pohenagamook. +</p> +<p> + "Southwest line," from the outlet of Lake Pohenagamook to the Northwest + Branch of the St. John. +</p> +<p> + "South line," from the Northwest Branch to the parallel of latitude 46° + 25' on the Southwest Branch. +</p> +<p> + "Southwest Branch," from the parallel 46° 25' to its source. +</p> +<p> + "Highlands," from the source of the Southwest Branch of the St. John to + the source of Halls Stream. +</p> +<p> + "Halls Stream," from its source to the intersection of the line of + Valentine and Collins. +</p> +<p> + "West line," from Halls Stream to the St. Lawrence near St. Regis, along + the line of Valentine and Collins. +</p> +<p> + To return to the narration of operations: +</p> +<p> + The exploring line of Colonel Bouchette and Mr. Johnson, as directed by + the treaty, was traced from the monument at the source of the St. Croix + to the intersection of the St. John. +</p> +<p> + The monument found at the source of the St. Croix, as described in the + report of Colonel Bouchette and Mr. Johnson, and the course of their + exploring line, was traced by blazes or marks upon the trees. +</p> +<p> + An old line, cut out by the assistant surveyors of Colonel Bouchette and + Mr. Johnson, was also found, which terminated about half a mile north + of the South Branch of the Meduxnikeag, where, by records to which the + undersigned referred, they ascertained that it had been abandoned + because of its deviation from the exploring line of Colonel Bouchette + and Mr. Johnson. +</p> +<p> + After the exploration and re-marking of the north line it was cut out 30 + feet wide. The same was afterwards done in all parts where the boundary + passed through woodland. After thus opening the north line it was + surveyed, and iron posts were erected at intervals to mark it. +</p> +<p> + The general bearing of the line was rather to the west of the meridian + of the monument at the source of the St. Croix. The precise line laid + down by the undersigned was determined by successive courses, of which + each was made to be as long as was convenient, provided it did not pass + out of the opening of 30 feet. +</p> +<p> + At each angle of deflection an iron monument was erected, and placed + anglewise with the line. Other monuments were erected at the crossing of + roads, rivers, and at every mile, commencing from the source of the St. + Croix. Those which were not intended to mark angles of deflection were + placed square with the line. +</p> +<p> + At the intersection of the St. John by the north line the river is deep + and broad. The boundary runs up the middle of the channel of the river, + as indicated by the maps, dividing the islands as follows: +</p> +<table summary="Geographic survey data" class="t"> +<tr><td> + No. 1. Ryan's Island.</td><td>United States.</td></tr> +<tr><td> + No. 2. King's Island.</td><td>United States.</td></tr> +<tr><td> + No. 3. Les Trois Isles.</td><td>United States.</td></tr> +<tr><td> + No. 4. La Septieme Isle.</td><td>United States.</td></tr> +<tr><td> + No. 5. Quissibis.</td><td>Great Britain.</td></tr> +<tr><td> + No. 6. La Grand Isle.</td><td>United States.</td></tr> +<tr><td> + No. 7. Thibideau's Islands.</td><td>United States.</td></tr> +<tr><td> + No. 8. Madawaska Islands.</td><td>Great Britain.</td></tr> +<tr><td> + No. 9. Joseph Michaud's three islands.</td><td>United States.</td></tr> +<tr><td> + No. 10. Pine Island.</td><td>Great Britain.</td></tr> +<tr><td> + No. 11. Baker's, Turtle, Dagle's, Fourth, Fifth islands. +</td><td>Great Britain.</td></tr> +<tr><td> + No. 12. Kennedy's Island</td><td>Great Britain.</td></tr> +<tr><td> + No. 13. Crock's, Cranberry, Gooseberry islands. +</td><td>Great Britain.</td></tr> +<tr><td> + No. 14. Savage's Island.</td><td>United States.</td></tr> +<tr><td> + No. 15. Wheelock's Island.</td><td>United States.</td></tr> +<tr><td> + No. 16. Caton's Island.</td><td>United States.</td></tr> +<tr><td> + No. 17. Honeywell's Island.</td><td>United States.</td></tr> +<tr><td> + No. 18. Savage and Johnson's Island.</td><td>United States.</td></tr> +<tr><td> + No. 19. Grew's Island.</td><td>United States.</td></tr> +<tr><td> + No. 20. Kendall's Island.</td><td>Great Britain.</td></tr> +</table> +<p> + The islands were distributed to Great Britain or to the United States, + as they were found to be on the right or left of the deep channel. There + was but one doubtful case, La Septieme Isle, and that was apportioned to + the United States because the majority of the owners were ascertained to + reside on the United States side of the river. +</p> +<p> + Monuments were erected upon the islands, marking them for Great Britain + or the United States, as the case may have been. +</p> +<p> + After leaving the St. John the boundary enters the St. Francis, dividing + the islands at the mouth of that river in the manner shown in the maps. + It then runs up the St. Francis, through the middle of the lakes upon + it, to the outlet of Lake Pohenagamook, the third large lake from the + mouth of the river. At the outlet a large monument has been erected. +</p> +<p> + In order to determine the point on the Northwest Branch to which the + treaty directed that a straight line should be run from the outlet of + Lake Pohenagamook, a survey of that stream was made, and also of the + main St. John in the neighborhood of the mouth of the Northwest Branch, + and a line was cut between the St. John and the point on the Northwest + Branch ascertained by the survey to be 10 miles in the nearest direction + from it, and the distance was afterwards verified by chaining. +</p> +<p> + It was ascertained also, in accordance with the provisions of the + treaty, by a triangulation of the country toward the highlands dividing + the waters of the St. Lawrence and of the St. John, that more than 7 + miles intervened between the point selected on the Northwest Branch and + the crest of the dividing ridge. A large iron monument was afterwards + erected on the point thus selected, and the space around was cleared and + sown with grass seed. It is a short distance below the outlet of Lake + Ishaganalshegeck. +</p> +<p> + The outlet of Lake Pohenagamook and the point on the Northwest Branch + designated by the treaty having been thus ascertained and marked, in the + spring of 1844 a straight line was run between them. Along that line, + which passes entirely through forest, monuments were erected at every + mile, at the crossings of the principal streams and rivers, and at the + tops of those hills where a transit instrument had been set up to test + the straightness of the line. +</p> +<p> + As soon as the parallel of latitude 46° 25' had been determined on the + Southwest Branch, in the early part of the summer of 1844, a straight + line was drawn from the boundary point on the Northwest Branch to a + large monument erected on the left bank of the Southwest Branch where it + is intersected by the parallel of latitude 46° 25'. The line so drawn + crosses the Southwest Branch once before it reaches the parallel of + latitude 46° 25', and at about half a mile distance from that parallel. + There also a large monument has been set up on the left bank. +</p> +<p> + From the intersection of the parallel 46° 25' the boundary ascends the + Southwest Branch, passes through a lake near its head, and so up a small + stream which falls into the lake from the west to the source of that + stream, which has been selected as the source of the Southwest Branch. +</p> +<p> + On the Southwest Branch there are two principal forks, at each of + which two monuments have been erected, one on each bank of the river + immediately above the forks and upon the branch established as the + boundary. The maps point out their positions. At the mouth of the small + stream selected as the source of the Southwest Branch a monument has + been erected upon a delta formed by two small outlets. Above those + outlets three other monuments have been placed at intervals upon the + same stream. +</p> +<p> + Upon the crest of the dividing ridge, very close to the source of the + Southwest Branch, a large monument has been erected. It is the first + point in the highlands, and from it the boundary runs along the crest + in a southerly direction, passing near to the southeastern shore of the + Portage Lake, and so on to a large monument erected on a small eminence + on the east side of the Kennebec road. Thence it passes through a + dwelling house called Tachereau's, which was standing there at the time + the line was run; so, by a tortuous course, it runs to the top of Sandy + Stream Mountain; thence, inclining to the southwest, it runs over Hog + Back the First, as shown in the maps; thence toward Hog Back the Second, + which it leaves on the north side. Further on, at the head of Leech + Lake, there is a stream which divides its waters and flows both into + Canada and into the United States. The boundary has been made to run up + that stream a short distance from the fork where the waters divide to a + second fork; thence between the streams which unite to form that fork, + and then to ascend again the dividing ridge. A monument has been erected + at the fork first mentioned, where the waters divide. +</p> +<p> + As the boundary approaches the valley of Spider River it bends to the + southeast, and, by a wide circuit over high and steep hills, it turns + the head of Spider River; thence it bends to the northwest until it + approaches within about 4 miles of Lake Megantic; thence it turns again + south, having the valley of Arnolds River on the right and of Dead River + on the left. It leaves Gasford Mountain in Canada, threads its way over + very high ground between the head of Arnolds River and the tributaries + of the Magalloway; inclines then to the north, so to the west, over very + rocky, mountainous, and difficult country, leaving Gipps Peak in the + United States, and turns by a sharp angle at Saddle Back to the south. + After that it again inclines to the west, and then to the south, and + again to the west, and passes the head of the Connecticut. About 3 miles + and a half east of the head of the Connecticut there is a division of + waters similar to that described near Leech Lake. The boundary runs down + a stream from near its source to the fork where it divides, and then + again follows the dividing ridge. The spot is noted on the map. +</p> +<p> + After the boundary has passed the head of the Connecticut it runs to the + northwest, descending into very low, swampy ground between the heads of + Indian Stream and the tributaries of the St. Francis. Thus it passes on, + bending again to the south of west, over a high hill, to the source of + Halls Stream. +</p> +<p> + Iron monuments have been erected at intervals along the highlands from + the source of the Southwest Branch of the St. John to the source of + Halls Stream, the position of each of which is shown upon the maps. +</p> +<p> + From the source of Halls Stream the boundary descends that river, + dividing the islands, which are, however, merely unimportant alluvial + deposits, in the manner indicated by the maps until it reaches the + intersection of that stream by the line formerly run by Valentine and + Collins as the forty-fifth degree of north latitude. +</p> +<p> + At that point a large monument has been erected on the right and a small + one on the left bank of the stream. Monuments have also been erected + along the bank of this stream, as indicated on the maps. +</p> +<p> + The line of Valentine and Collins was explored and found by the blazes + still remaining in the original forest. +</p> +<p> + Upon cutting into those blazes it was seen that deep seated in the tree + there was a scar, the surface of the original blaze, slightly decayed, + and upon counting the rings (which indicate each year's growth of the + tree) it was found that the blazes dated back to 1772, 1773, and 1774. + The line of Valentine and Collins was run in 1771, 1772, 1773, and 1774. + The coincidence of the dates of the blazes with those of the above line, + confirmed by the testimony of the people of the country, satisfied the + undersigned that the line they had found was that mentioned in the + treaty. Along this portion of the boundary, which is known as the + forty-fifth degree of Valentine and Collins, and which extends from + Halls Stream to St. Regis, there are several interruptions to the blazes + in those parts where clearings have been made, and there the authentic + marks of the precise situation of the old line have been lost. In those + cases the undersigned have drawn the boundary line straight from the + original blazes on the one side of a clearing to the original blazes on + the other side of the same clearing. +</p> +<p> + It can not be positively stated that the line as it has been traced + through those clearings precisely coincides with the old line, but the + undersigned believe that it does not differ materially from it; nor have + they had the means of determining a nearer or a surer approximation. +</p> +<p> + Along this line, at every point of deflection, an iron monument has been + erected; also at the crossing of rivers, lakes, and roads. Those which + mark deflections are placed, as on the "north line," anglewise with the + line; all the others are placed square with it. The maps show the + position of each. +</p> +<p> + On the eastern shore of Lake Memphremagog an astronomical station was + established, and on a large flat rock of granite, which happened to lie + between the astronomical station and the boundary, was cut the following + inscription: +</p> +<center> + Capt: Robinson.<br> + Ast: Station<br> + 422 feet north.<br> + <i>Meridian</i> <i>Line.</i><br> +————————<>————————<br> + Boundary Line<br> + 595 feet south<br> + August, 1845.<br> +<br> + <i>British Boundary Commission</i> +</center> +<p> + A mark was cut upon the stone, as indicated by the dot upon the meridian + line above, from which these measurements were made. +</p> +<p> + At Rouses Point a monument of wrought stone was set up at the + intersection of the boundary by the meridian of the transit instrument + used there by Major Graham, and an inscription was cut upon it stating + the latitude and longitude, the names of the observer and his assistant, + the names of the commissioners, and the territories divided. +</p> +<p> + To mark the position of the instruments used at the following + astronomical stations along the west line, two monuments within a few + feet of each other have been erected at each station, and they have been + placed on the boundary line due north or south of the instrument, as the + case may have been. +</p> +<p> + The stations are: Lake Memphremagog, Richford, John McCoy's, Trout River. +</p> +<p> + The boundary along the west line, though very far from being a straight + line, is generally about half a mile north of the true parallel of + latitude 45° from Halls Stream to Rouses Point. At about 28 miles west + of Rouses Point it, however, crosses that parallel to the south until it + reaches Chateaugay River, where it bends northward, and, crossing the + parallel again about 4 miles east of St. Regis, it strikes the St. + Lawrence 151 feet north of 45°. At that point a large monument has been + erected on the bank of the St. Lawrence. Two large monuments have also + been erected, one on either side of the river Richelieu near Rouses + Point. +</p> +<p> + No marks of the old line were to be found about St. Regis. It was + therefore agreed to run a line due west from the last blaze which should + be found in the woods on the east side of St. Regis. That blaze occurred + about 1 mile east of the St. Regis River. +</p> +<p> + The maps, which exhibit the boundary on a scale of 4 inches to 1 statute + mile, consist of 62 consecutive sheets of antiquarian paper as + constructed by the British and of 61 as constructed by the American + commission. A general map has also been constructed on a scale of 8 + miles to 1 inch by the British and of 10 miles to 1 inch by the American + commission, upon which the before-mentioned sheets are represented. +</p> +<p> + The following portions of the boundary have been laid down by the + British commission, on detached maps, on a scale of 12 inches to 1 mile, + which have been signed by both commissioners: +</p> +<p> + Grand Falls of the St. John, including the intersection of that + river by the north line; islands of the St. John; the outlet of Lake + Pohenagamook; the turning point of the boundary on the Northwest Branch + of the St. John; the intersection of the Southwest Branch by the + parallel of latitude 46° 25'; the source of the Southwest Branch; the + source of Halls Stream; the intersection of Halls Stream by the west + line; Rouses Point; St. Regis; Derby. +</p> +<p> + But similar maps have not been prepared by the American commission, + because during the interval between the finishing of the maps of the + British commission and those of the American it was thought that the + maps already constructed upon a scale of 4 inches to 1 mile represented + the boundary with sufficient clearness and accuracy. +</p> +<p> + The astronomical observations were begun at the Grand Falls early in + June, 1843, and were carried up the St. John River to the Northwest + Branch by a chain of stations, which, together with the results + obtained, are tabulated in the appendix accompanying this report. +</p> +<p> + From the valley of the St. John an astronomical connection was made with + Quebec, and thence to Montreal, and so to Rouses Point. From Rouses + Point a connection was obtained with Cambridge University, near Boston. +</p> +<p> + The astronomical stations on the west line were: Intersection of Halls + Stream by the west line, Lake Memphremagog, Richford, Rouses Point, John + McCoy's, Trout River, St. Regis. +</p> +<p> + Latitude was also obtained at an astronomical station established for + the purpose at the head of the Connecticut. +</p> +<p> + Volumes containing the astronomical observations of both commissions are + herewith submitted. From them it will be observed that the results for + absolute longitude obtained by the British and American astronomers do + not agree. It being a difference in no way affecting the survey of the + boundary line, the undersigned do not feel called upon to attempt to + reconcile it. The data upon which those results are based may be seen + in the volumes of observations accompanying this report. +</p> +<p> + In the appendix will be found, in a tabular form, the following: +</p> +<p> + An abstract of the survey of the boundary along the north line; an + abstract of the survey of the boundary along the southwest line; an + abstract of the survey of the boundary along the south line; an abstract + of the survey of the boundary along the highlands; an abstract of + the survey of the boundary along the west line; the position of the + monuments erected on the Southwest Branch of the St. John and on Halls + Stream; the distribution of the islands of the St. John and the + monuments on them; the guide lines and offsets run by each commission + for the survey of the highlands; the azimuths of verification for the + survey of the highlands; the latitudes and longitudes obtained from the + astronomical observations; the comparative longitudes obtained, and the + methods used for the purpose. +</p> +<p> + Upon comparing the maps of the two commissions it will be seen that the + American commission numbers two monuments more than the British. Those + are to be found, one on the "Fourth Island," in the river St. John, and + the other on the highlands between the source of the Southwest Branch of + the river St. John and the Kennebec road. +</p> +<p> + On the maps of the British commission representing the "west line" the + name of the town of "<i>Derby</i>" has been improperly placed north of the + line instead of south of it. Also, on the same maps the direction of + Salmon River, near the western extremity of the "west line," has been + incorrectly laid down from the boundary line northward. A direction has + been given to it northeasterly instead of northwesterly. +</p> +<p> + The above two corrections the British commissioner is authorized to make + on his maps after his return to England. +</p> +<p> + To avoid unnecessary delay in making their joint report, the undersigned + have attached their signatures to the maps, although the lettering + of some of the astronomical stations upon the maps of the American + commission, as well as the alterations before mentioned in the maps of + the British commission, are yet to be made; but in the maps of both the + boundary has been laid down accurately and definitively, and the + undersigned engage that it shall not be altered in any respect. +</p> +<p> + In conclusion the undersigned have the honor to report that the line of + boundary described in the foregoing statement has been run, marked, and + surveyed, and the accompanying maps faithfully constructed from that + survey. +</p> +<p> + The undersigned take leave to add that the most perfect harmony has + subsisted between the two commissions from first to last, and that no + differences have arisen between the undersigned in the execution of the + duties intrusted to them. +</p> +<p> + Signed and sealed in duplicate, at the city of Washington, this 28th day + of June, A.D. 1847. +</p> +<p class="r"> +J.B. BUCKNALL ESTCOURT, [SEAL.]<br> + <i>Lieutenant-Colonel, Her Britannic Majesty's Commissioner</i>. +</p> +<p class="r"> +ALBERT SMITH, [SEAL.]<br> + <i>United States Commissioner</i>. +</p> +<p> + NOTE.—The astronomical computations of the American commission not + being completed, and it being unnecessary to defer the signing of the + report on that account, the American commissioner engages to transmit + them, with any other papers or tables not yet finished, as soon as they + shall be so, to the British commissioner, through the American minister + resident in London, to whom, upon delivery of the documents, the British + commissioner will give a receipt, to be transmitted to the American + commissioner. +</p> +<p class="r"> +J. B. BUCKNALL ESTCOURT,<br> + <i>Lieutenant-Colonel, H.B.M. Commissioner of Boundary</i>. +</p> +<p class="r"> +ALBERT SMITH,<br> + <i>United States Commissioner</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>August 18, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to its + ratification, a treaty of amity, commerce, and navigation with the + Republic of Texas, negotiated at the seat of Government of the United + States between the Secretary of State, duly empowered for that purpose, + and the chargé d'affaires of that Republic. +</p> +<p> + In forming the first commercial treaty between the two Governments an + anxious desire has been felt to introduce such provisions as should + promote the interests of both countries. The immediate proximity of + Texas to the United States and the consequent facility of intercourse, + the nature of its principal agricultural production, and the relations + which both countries bear to several large rivers which are boundaries + between them, and which in some part of their course run within the + territories of both, have caused peculiarities of condition and + interests which it has been necessary to guard. +</p> +<p> + The treaty provides that Texas shall enjoy a right of deposit for such + of her productions as may be introduced into the United States for + exportation, but upon the condition that the Executive of the United + States may prescribe such regulations as may be necessary for the proper + enjoyment of the privilege within our territory. It was thought no more + than reasonable to grant this facility to the trade of Texas, under such + conditions as seem best calculated to guard against abuse or + inconvenience. +</p> +<p> + The treaty further provides that raw cotton may be imported from either + country into the other free of duties. In general it is not wise to + enter into treaty stipulations respecting duties of import; they are + usually much better left to the operation of general laws. But there are + circumstances existing in this case which have been thought to justify a + departure from the general rule, and the addition of it to the number of + instances, not large, in which regulations of duties of imports have + been made the subject of national compact. +</p> +<p> + The United States consume large quantities of raw cotton, but they are + exporters of the article to a still greater extent. Texas, for the + present at least, exports her whole crop. These exportations are, in + general, to the same foreign markets, and it is supposed to be of no + considerable importance to the American producer whether he meets the + Texan product at home or abroad. +</p> +<p> + On the other hand, it is thought that a useful commercial intercourse + would be promoted in several ways by receiving the raw cotton of Texas + at once into the United States free of duty. The tendency of such a + measure is to bring to the United States, in the first instance, Texan + cotton ultimately destined to European markets. The natural effect of + this, it is supposed, will be to increase the business of the cities of + the United States to the extent of this importation and exportation, + and to secure a further degree of employment to the navigation of the + country. But these are by no means all the benefits which may be + reasonably expected from the arrangement. Texas, at least for a + considerable time to come, must import all the manufactured articles + and much of the supplies and provisions necessary for her use and + consumption. These commodities she will be likely to obtain, if to be + had, in the markets of the country in which she disposes of her main + annual product. The manufactures of the North and East, therefore, and + the grain and provisions of the Western States are likely to find in + Texas a demand, increased by whatever augments intercourse between the + two countries, and especially by whatever tends to give attraction to + the cities of the United States as marts for the sale of her great and + principal article of export. +</p> +<p> + As a security, however, against unforeseen results or occurrences, + it has been thought advisable to give this article of the treaty a + limitation of five years. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>August 23, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + A resolution of the Senate of the 21st of June last requested the + President to communicate to the Senate, so far as he might deem it + compatible with the public interests, what measures, if any, had been + taken to obtain the recognition by the Mexican Government of such claims + of American citizens as were laid before the late joint commission, but + were not finally acted on by it, and the satisfaction of such claims as + were admitted by said commission; also whether any facts had come to his + knowledge calculated to induce a belief that any such claims had been + rejected in consequence of the evidence thereof having been withheld + by the Mexican Government, its officers or agents, and any other + information which he might deem it expedient to communicate relative + to said claims; and another resolution of the 6th instant requested + the President, so far as he might deem it compatible with the public + service, to communicate to the Senate the measures taken to obtain the + performance of the stipulations contained in the convention with Mexico + in relation to the awards made by the commissioners and umpire under + said convention. +</p> +<p> + In the present state of the correspondence and of the relations between + the two Governments on these important subjects it is not deemed + consistent with the public interest to communicate the information + requested. The business engages earnest attention, and will be made the + subject of a full communication to Congress at the earliest practicable + period. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>August 24, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + On the 15th day of April, 1842, in virtue of the sentence of a + court-martial regularly convened under orders from the Secretary of the + Navy, which received my approval, John H. Clack, who was a captain in + the Navy, was dismissed the service. Since the confirmation of that + sentence a letter has been addressed by Mr. Paulding, late Secretary + of the Navy, to Captain Clack, which leads to the belief that he had + analyzed the charges made against Captain Clack, and for reasons which + appeared to him satisfactory and which, according to his letter, he + indorsed on the charges, disposed of the case by refusing to submit it + to a court-martial. +</p> +<p> + Notwithstanding a diligent search has been made for this document, none + such can be found; but the only paper in the office having reference + to this subject is a letter addressed by Mr. Paulding to Lieutenant + Buchanan, a copy of which, together with the original of that of Mr. P. + to Captain C., is herewith communicated. I felt it, however, every way + due to the high character of Mr. Paulding to consider the fact stated by + him to be as well sustained by his declaration to that effect as if the + record was found, and as the court-martial would not have been ordered + by the present Secretary with the knowledge of the fact stated by Mr. + Paulding, since it would have been improper to have reopened a case once + finally disposed of, I have felt that it was alike due to the general + service of the Navy as to Mr. Clack to nominate him for reappointment + to the service. +</p> +<p> + I therefore nominate John H. Clack to be a captain in the Navy of the + United States. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>August 25, 1842</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 + 11th of June last, upon the subject of claims of citizens of the United + States against the Government of the Mexican Republic, I transmit a + report from the Secretary of State and a copy of the report of the + commissioners on the part of the United States under the late convention + between the United States and that Republic. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><a name="2H_4_0012"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>June 29, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I return the bill, which originated in the House of Representatives, + entitled "An act to extend for a limited period the present laws for + laying and collecting duties on imports," with the following objections: +</p> +<p> + It suspends—in other words, abrogates for the time—the provision of + the act of 1833, commonly called the "compromise act." The only ground + on which this departure from the solemn adjustment of a great and + agitating question seems to have been regarded as expedient is the + alleged necessity of establishing by legislative enactments rules and + regulations for assessing the duties to be levied on imports after the + 30th June according to the home valuation, and yet the bill expressly + provides that "if before the 1st of August there be no further + legislation upon the subject, the laws for laying and collecting duties + shall be the same as though this act had not been passed." In other + words, that the act of 1833, imperfect as it is considered, shall in + that case continue to be and to be executed under such rules and + regulations as previous statutes had prescribed or had enabled the + executive department to prescribe for that purpose, leaving the supposed + chasm in the revenue laws just as it was before. +</p> +<p> + I am certainly far from being disposed to deny that additional + legislation upon the subject is very desirable; on the contrary, the + necessity, as well as difficulty, of establishing uniformity in the + appraisements to be made in conformity with the true intention of that + act was brought to the notice of Congress in my message to Congress at + the opening of its present session. But however sensible I may be of + the embarrassments to which the Executive, in the absence of all aid + from the superior wisdom of the Legislature, will be liable in the + enforcement of the existing laws, I have not, with the sincerest wish to + acquiesce in its expressed will, been able to persuade myself that the + exigency of the occasion is so great as to justify me in signing the + bill in question with my present views of its character and effects. The + existing laws, as I am advised, are sufficient to authorize and enable + the collecting officers, under the directions of the Secretary of the + Treasury, to levy the duties imposed by the act of 1833. +</p> +<p> + That act was passed under peculiar circumstances, to which it is not + necessary that I should do more than barely allude. Whatever maybe, + in theory, its character, I have always regarded it as importing the + highest moral obligation. It has now existed for nine years unchanged in + any essential particular, with as general acquiescence, it is believed, + of the whole country as that country has ever manifested for any of her + wisely established institutions. It has insured to it the repose which + always flows from truly wise and moderate counsels—a repose the more + striking because of the long and angry agitations which preceded it. + This salutary law proclaims in express terms the principle which, while + it led to the abandonment of a scheme of indirect taxation founded on a + false basis and pushed to dangerous excess, justifies any enlargement + of duties that may be called for by the real exigencies of the public + service. It provides "that duties shall be laid for the purpose of + raising such revenue as may be necessary to an economical administration + of the Government." It is therefore in the power of Congress to lay + duties as high as its discretion may dictate for the necessary uses of + the Government without infringing upon the objects of the act of 1833. + I do not doubt that the exigencies of the Government do require an + increase of the tariff of duties above 20 per cent, and I as little + doubt that Congress may, above as well as below that rate, so + discriminate as to give incidental protection to manufacturing industry, + thus to make the burdens which it is compelled to impose upon the people + for the purposes of Government productive of a double benefit. This + most of the reasonable opponents of protective duties seem willing to + concede, and, if we may judge from the manifestations of public opinion + in all quarters, this is all that the manufacturing interests really + require. I am happy in the persuasion that this double object can be + most easily and effectually accomplished at the present juncture without + any departure from the spirit and principle of the statute in question. + The manufacturing classes have now an opportunity which may never occur + again of permanently identifying their interests with those of the whole + country, and making them, in the highest sense of the term, a national + concern. The moment is propitious to the interests of the whole country + in the introduction of harmony among all its parts and all its several + interests. The same rate of imposts, and no more, as will most surely + reestablish the public credit will secure to the manufacturer all the + protection he ought to desire, with every prospect of permanence and + stability which the hearty acquiescence of the whole country on a + reasonable system can hold out to him. +</p> +<p> + But of this universal acquiescence, and the harmony and confidence and + the many other benefits that will certainly result from it, I regard + the suspension of the law for distributing the proceeds of the sales + of the public lands as an indispensable condition. This measure is, in + my judgment, called for by a large number, if not a great majority, of + the people of the United States; by the state of the public credit and + finances; by the critical posture of our various foreign relations; + and, above all, by that most sacred of all duties—public faith. The + act of September last, which provides for the distribution, couples it + inseparably with the condition that it shall cease—first, in case of + war; second, as soon and so long as the rate of duties shall for any + reason whatever be raised above 20 per cent. Nothing can be more clear, + express, or imperative than this language. It is in vain to allege that + a deficit in the Treasury was known to exist and that means were taken + to supply this deficit by loan when the act was passed. It is true that + a loan was authorized at the same session during which the distribution + law was passed, but the most sanguine of the friends of the two measures + entertained no doubt but that the loan would be eagerly sought after and + taken up by capitalists and speedily reimbursed by a country destined, + as they hoped, soon to enjoy an overflowing prosperity. The very terms + of the loan, making it redeemable <i>in three years</i>, demonstrate this + beyond all cavil. Who at the time foresaw or imagined the possibility of + the present real state of things, when a nation that has paid off her + whole debt since the last peace, while all the other great powers have + been increasing theirs, and whose resources, already so great, are yet + but in the infancy of their development, should be compelled to haggle + in the money market for a paltry sum not equal to one year's revenue + upon her economical system? If the distribution law is to be + indefinitely suspended, according not only to its own terms, but by + universal consent, in the case of war, wherein are the actual exigencies + of the country or the moral obligation to provide for them less under + present circumstances than they could be were we actually involved in + war? It appears to me to be the indispensable duty of all concerned in + the administration of public affairs to see that a state of things so + humiliating and so perilous should not last a moment longer than is + absolutely unavoidable. Much less excusable should we be in parting + with any portion of our available means, at least until the demands + of the Treasury are fully supplied. But besides the urgency of such + considerations, the fact is undeniable that the distribution act could + not have become a law without the guaranty in the proviso of the act + itself. +</p> +<p> + This connection, thus meant to be inseparable, is severed by the bill + presented to me. The bill violates the principle of the acts of 1833 and + September, 1841, by suspending the first and rendering for a time the + last inoperative. Duties above 20 per cent are proposed to be levied, + and yet the <i>proviso</i> in the distribution act is disregarded. The + proceeds of the sales are to be distributed on the 1st of August, so + that, while the duties proposed to be enacted exceed 20 per cent, no + suspension of the distribution to the States is permitted to take place. + To abandon the principle for a month is to open the way for its total + abandonment. If such is not meant, why postpone at all? Why not let the + distribution take place on the 1st of July if the law so directs (which, + however, is regarded as questionable)? But why not have limited the + provision to that effect? Is it for the accommodation of the Treasury? + I see no reason to believe that the Treasury will be in better condition + to meet the payment on the 1st of August than on the 1st of July. +</p> +<p> + The bill assumes that a distribution of the proceeds of the public + lands is, by existing laws, to be made on the 1st day of July, 1842, + notwithstanding there has been an imposition of duties on imports + exceeding 20 per cent up to that day, and directs it to be made on the + 1st of August next. It seems to me very clear that this conclusion is + equally erroneous and dangerous, as it would divert from the Treasury a + fund sacredly pledged for the general purposes of the Government in the + event of a rate of duty above 20 per cent being found necessary for an + economical administration of the Government. +</p> +<p> + The bill under consideration is designed only as a temporary measure; + and thus a temporary measure, passed merely for the convenience of + Congress, is made to affect the vital principle of an important act. + If the proviso of the act of September, 1841, can be suspended for the + whole period of a temporary law, why not for the whole period of a + permanent law? In fact, a doubt may be well entertained, according to + strict legal rules, whether the condition, having been thus expressly + suspended by this bill and rendered inapplicable to a case where it + would otherwise have clearly applied, will not be considered as ever + after satisfied and gone. Without expressing any decided opinion on this + point, I see enough in it to justify me in adhering to the law as it + stands in preference to subjecting a condition so vitally affecting the + peace of the country, and so solemnly enacted at a momentous crisis, and + so steadfastly adhered to ever since, and so replete, if adhered to, + with good to every interest of the country, to doubtful or captious + interpretation. +</p> +<p> + In discharging the high duties thus imposed on me by the Constitution I + repeat to the House my entire willingness to cooperate in all financial + measures, constitutional and proper, which in its wisdom it may judge + necessary and proper to reestablish the credit of the Government. + I believe that the proceeds of the sales of the public lands being + restored to the Treasury—or, more properly speaking, the proviso of + the act of September, 1841, being permitted to remain in full force—a + tariff of duties may easily be adjusted, which, while it will yield a + revenue sufficient to maintain the Government in vigor by restoring its + credit, will afford ample protection and infuse a new life into all our + manufacturing establishments. The condition of the country calls for + such legislation, and it will afford me the most sincere pleasure to + cooperate in it. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>August 9, 1842</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + It is with unfeigned regret that I find myself under the necessity of + returning to the House of Representatives with my objections a bill + entitled "An act to provide revenue from imports, and to change and + modify existing laws imposing duties on imports, and for other + purposes." Nothing can be more painful to any individual called upon to + perform the Chief Executive duties under our limited Constitution than + to be constrained to withhold his assent from an important measure + adopted by the Legislature. Yet he would neither fulfill the high + purposes of his station nor consult the true interests or the solemn + will of the people—the common constituents of both branches of the + Government—by yielding his well-considered, most deeply fixed, and + repeatedly declared opinions on matters of great public concernment to + those of a coordinate department without requesting that department + seriously to reexamine the subject of their difference. The exercise of + some independence of judgment in regard to all acts of legislation is + plainly implied in the responsibility of approving them. At all times + a duty, it becomes a peculiarly solemn and imperative one when the + subjects passed upon by Congress happen to involve, as in the present + instance, the most momentous issues, to affect variously the various + parts of a great country, and to have given rise in all quarters to such + a conflict of opinion as to render it impossible to conjecture with any + certainty on which side the majority really is. Surely if the pause for + reflection intended by the wise authors of the Constitution by referring + the subject back to Congress for reconsideration be ever expedient and + necessary it is precisely such a case as the present. +</p> +<p> + On the subject of distributing the proceeds of the sales of the public + lands in the existing state of the finances it has been my duty to make + known my settled convictions on various occasions during the present + session of Congress. At the opening of the extra session, upward of + twelve months ago, sharing fully in the general hope of returning + prosperity and credit, I recommended such a distribution, but that + recommendation was even then expressly coupled with the condition that + the duties on imports should not exceed the rate of 20 per cent provided + by the compromise act of 1833. These hopes were not a little encouraged + and these views strengthened by the report of Mr. Ewing, then Secretary + of the Treasury, which was shortly thereafter laid before Congress, in + which he recommended the imposition of duties at the rate of 20 per cent + <i>ad valorem</i> on all free articles, with specified exceptions, and stated + "if this measure be adopted there will be received in the Treasury from + customs in the last quarter of the present year (1841) $5,300,000; in + all of the year 1842, about $22,500,000; and in the year 1843, after the + final reduction under the act of March 2, 1833, about $20,800,000;" and + adds: +</p> +<p class="q"> + It is believed that after the heavy expenditures required by the public + service in the present year shall have been provided for, the revenues + which will accrue from that or a nearly approximate rate of duty will + be sufficient to defray the expenses of the Government and leave a + surplus to be annually applied to the gradual payment of the national + debt, leaving the proceeds of <i>the public lands</i> to be disposed of as + Congress shall see fit. +</p> +<p> + I was most happy that Congress at the time seemed entirely to concur in + the recommendations of the Executive, and, anticipating the correctness + of the Secretary's conclusions, and in view of an actual surplus, passed + the distribution act of the 4th September last, wisely limiting its + operation by two conditions having reference, both of them, to a + possible state of the Treasury different from that which had been + anticipated by the Secretary of the Treasury and to the paramount + necessities of the public service. It ordained that "if at any time + during the existence of that act there should be an imposition of duties + on imports inconsistent with the provision of the act of the 2d March, + 1833, and beyond the rate of duties fixed by that act, to wit, 20 per + cent on the value of such imports or any of them, then the distribution + should be suspended, and should continue so suspended until that cause + should be removed," By a previous clause it had, in a like spirit of + wise and cautious patriotism, provided for another case, in which all + are even now agreed, that the proceeds of the sales of the public lands + should be used for the defense of the country. It was enacted that the + act should continue and be in force until otherwise provided by law, + unless the United States should become involved in war with any foreign + power, in which event, from the commencement of hostilities, the act + should be suspended until the cessation of hostilities. +</p> +<p> + Not long after the opening of the present session of Congress the + unprecedented and extraordinary difficulties that have recently + embarrassed the finances of the country began to assume a serious + aspect. It soon became quite evident that the hopes under which the act + of 4th September was passed, and which alone justified it in the eyes + either of Congress who imposed or of the Executive who approved, the + first of the two conditions just recited were not destined to be + fulfilled. Under the pressure, therefore, of the embarrassments which + had thus unexpectedly arisen it appeared to me that the course to be + pursued had been clearly marked out for the Government by that act + itself. The condition contemplated in it as requiring a suspension of + its operation had occurred. It became necessary in the opinions of all + to raise the rate of duties upon imports above 20 per cent; and with a + view both to provide available means to meet present exigencies and to + lay the foundation for a successful negotiation of a loan, I felt it + incumbent on me to urge upon Congress to raise the duties accordingly, + imposing them in a spirit of a wise discrimination for the twofold + object of affording ample revenue for the Government and incidental + protection to the various branches of domestic industry. I also pressed, + in the most emphatic but respectful language I could employ, the + necessity of making the land sales available to the Treasury, as the + basis of public credit. I did not think that I could stand excused, much + less justified, before the people of the United States, nor could I + reconcile it to myself to recommend the imposition of additional taxes + upon them without at the same time urging the employment of all the + legitimate means of the Government toward satisfying its wants. These + opinions were communicated in advance of any definitive action of + Congress on the subject either of the tariff or land sales, under a high + sense of public duty and in compliance with an express injunction of the + Constitution, so that if a collision, extremely to be deprecated, as + such collisions always are, has seemingly arisen between the executive + and legislative branches of the Government, it has assuredly not been + owing to any capricious interference or to any want of a plain and frank + declaration of opinion on the part of the former. Congress differed in + its views with those of the Executive, as it had undoubtedly a right to + do, and passed a bill virtually for a time repealing the proviso of the + act of the 4th September, 1841. The bill was returned to the House in + which it originated with my objections to its becoming a law. With a + view to prevent, if possible, an open disagreement of opinion on a point + so important, I took occasion to declare that I regarded it as an + indispensable prerequisite to an increase of duties above 20 per cent + that the act of the 4th September should remain unrepealed in its + provisions. My reasons for that opinion were elaborately set forth + in the message which accompanied the return of the bill, which no + constitutional majority appears to have been found for passing into + a law. +</p> +<p> + The bill which is now before me proposes in its twenty-seventh section + the total repeal of one of the provisos in the act of September, + and, while it increases the duties above 20 per cent, directs an + unconditional distribution of the land proceeds. I am therefore + subjected a second time in the period of a few days to the necessity of + either giving my approval to a measure which, in my deliberate judgment, + is in conflict with great public interests or of returning it to the + House in which it originated with my objections. With all my anxiety for + the passage of a law which would replenish an exhausted Treasury and + furnish a sound and healthy encouragement to mechanical industry, I can + not consent to do so at the sacrifice of the peace and harmony of the + country and the clearest convictions of public duty. +</p> +<p> + For some of the reasons which have brought me to this conclusion I refer + to my previous messages to Congress, and briefly subjoin the following: +</p> +<p> + 1. The bill unites two subjects which, so far from having any affinity + to one another, are wholly incongruous in their character. It is both a + revenue and an appropriation bill. It thus imposes on the Executive, in + the first place, the necessity of either approving that which he would + reject or rejecting that which he might otherwise approve. This is a + species of constraint to which the judgment of the Executive ought not, + in my opinion, to be subjected. But that is not my only objection to the + act in its present form. The union of subjects wholly dissimilar in + their character in the same bill, if it grew into a practice, would not + fail to lead to consequences destructive of all wise and conscientious + legislation. Various measures, each agreeable only to a small minority, + might by being thus united—and the more the greater chance of + success—lead to the passing of laws of which no single provision could + if standing alone command a majority in its favor. +</p> +<p> + 2. While the Treasury is in a state of extreme embarrassment, + requiring every dollar which it can make available, and when the + Government has not only to lay additional taxes, but to borrow money + to meet pressing demands, the bill proposes to give away a fruitful + source of revenue—which is the same thing as raising money by loan + and taxation—not to meet the wants of the Government, but for + distribution—a proceeding which I must regard as highly impolitic, + if not unconstitutional. +</p> +<p> + A brief review of the present condition of the public finances will + serve to illustrate the true condition of the Treasury and exhibit + its actual necessities: +</p> +<table summary="Financial data" class="t"> +<tr><td> + On the 5th of August (Friday last) there was + in the Treasury, in round numbers </td><td></td><td align="right" valign="bottom">$2,150,000</td></tr> +<tr><td> + Necessary to be retained to meet trust funds </td><td align="right" valign="bottom">$360,000</td></tr> +<tr><td> + Interest on public debt due in October </td><td align="right" valign="bottom">80,000</td></tr> +<tr><td> + To redeem Treasury notes and pay the interest </td><td align="right" valign="bottom">100,000</td></tr> +<tr><td> + Land distribution under the act of the 4th of + September, 1841 </td><td align="right" valign="bottom">640,000</td></tr> +<tr><td> +</td><td align="right" valign="bottom">________</td><td align="right" valign="bottom">1,180,000</td></tr> +<tr><td></td><td></td><td align="right" valign="bottom">__________</td></tr> +<tr><td> + Leaving an available amount of</td><td></td><td align="right" valign="bottom">970,000</td></tr> +</table> +<p> + The Navy Department had drawn requisitions on the Treasury at that time + to meet debts actually due, among which are bills under protest for + $1,414,000, thus leaving an actual deficit of $444,000. +</p> +<p> + There was on hand about $100,000 of unissued Treasury notes, assisted by + the accruing revenue (amounting to about $150,000 per week, exclusive of + receipts on unpaid bonds), to meet requisitions for the Army and the + demands of the civil list. +</p> +<p> + The withdrawal of the sum of $640,000 to be distributed among the + States, so soon as the statements and accounts can be made up and + completed, by virtue of the provisions of the act of the 4th of + September last (of which nearly a moiety goes to a few States, and only + about $383,000 is to be divided among all the States), while it adds + materially to the embarrassments of the Treasury, affords to the States + no decided relief. +</p> +<p> + No immediate relief from this state of things is anticipated unless + (what would most deeply be deplored) the Government could be reconciled + to the negotiation of loans already authorized by law at a rate of + discount ruinous in itself and calculated most seriously to affect the + public credit. So great is the depression of trade that even if the + present bill were to become a law and prove to be productive some time + would elapse before sufficient supplies would flow into the Treasury, + while in the meantime its embarrassments would be continually augmented + by the semiannual distribution of the land proceeds. +</p> +<p> + Indeed, there is but too much ground to apprehend that even if this bill + were permitted to become a law—alienating, as it does, the proceeds of + the land sales—an actual deficit in the Treasury would occur, which + would more than probably involve the necessity of a resort to direct + taxation. +</p> +<p> + Let it be also remarked that $5,500,000 of the public debt becomes + redeemable in about two years and a half, which at any sacrifice must + be met, while the Treasury is always liable to demands for the payment + of outstanding Treasury notes. Such is the gloomy picture which our + financial department now presents, and which calls for the exercise of a + rigid economy in the public expenditures and the rendering available of + all the means within the control of the Government. I most respectfully + submit whether this is a time to give away the proceeds of the land + sales when the public lands constitute a fund which of all others may be + made most useful in sustaining the public credit. Can the Government be + generous and munificent to others when every dollar it can command is + necessary to supply its own wants? And if Congress would not hesitate + to suffer the provisions of the act of 4th September last to remain + unrepealed in case the country was involved in war, is not the necessity + for such a course now just as imperative as it would be then? +</p> +<p> + 3. A third objection remains to be urged, which would be sufficient in + itself to induce me to return the bill to the House with my objections. + By uniting two subjects so incongruous as tariff and distribution it + inevitably makes the fate of the one dependent upon that of the other + in future contests of party. Can anything be more fatal to the merchant + or manufacturer than such an alliance? What they most of all require + is a system of moderate duties so arranged as to withdraw the tariff + question, as far as possible, completely from the arena of political + contention. Their chief want is permanency and stability. Such an + increase of the tariff I believe to be necessary in order to meet the + economical expenditures of Government. Such an increase, made in the + spirit of moderation and judicious discrimination, would, I have no + doubt, be entirely satisfactory to the great majority of the American + people. In the way of accomplishing a measure so salutary and so + imperatively demanded by every public interest, the legislative + department will meet with a cordial cooperation on the part of the + Executive. This is all that the manufacturer can desire, and it would be + a burden readily borne by the people. But I can not too earnestly repeat + that in order to be beneficial it must be permanent, and in order to be + permanent it must command general acquiescence. But can such permanency + be justly hoped for if the tariff question be coupled with that of + distribution, as to which a serious conflict of opinion exists among the + States and the people, and which enlists in its support a bare majority, + if, indeed, there be a majority, of the two Houses of Congress? What + permanency or stability can attach to a measure which, warring upon + itself, gives away a fruitful source of revenue at the moment it + proposes a large increase of taxes on the people? Is the manufacturer + prepared to stake himself and his interests upon such an issue? +</p> +<p> + I know that it is urged (but most erroneously, in my opinion) that + instability is just as apt to be produced by retaining the public lands + as a source of revenue as from any other cause, and this is ascribed to + a constant fluctuation, as it is said, in the amount of sales. If there + were anything in this objection, it equally applies to every imposition + of duties on imports. The amount of revenue annually derived from duties + is constantly liable to change. The regulations of foreign governments, + the varying productiveness of other countries, periods of excitement + in trade, and a great variety of other circumstances are constantly + arising to affect the state of commerce, foreign and domestic, and, of + consequence, the revenue levied upon it. The sales of the public domain + in ordinary times are regulated by fixed laws which have their basis in + a demand increasing only in the ratio of the increase of population. + In recurring to the statistics connected with this subject it will be + perceived that for a period of ten years preceding 1834 the average + amount of land sales did not exceed $2,000,000. For the increase which + took place in 1834, 1835, and 1836 we are to look to that peculiar + condition of the country which grew out of one of the most extraordinary + excitements in business and speculation that has ever occurred in the + history of commerce and currency. It was the fruit of a wild spirit of + adventure engendered by a vicious system of credits, under the evils of + which the country is still laboring, and which it is fondly hoped will + not soon recur. Considering the vast amount of investments made by + private individuals in the public lands during those three years, and + which equaled $43,000,000 (equal to more than twenty years' purchase), + taking the average of sales of the ten preceding years, it may be safely + asserted that the result of the public-land sales can hold out nothing + to alarm the manufacturer with the idea of instability in the revenues + and consequently in the course of the Government. +</p> +<p> + Under what appears to me, therefore, the soundest considerations of + public policy, and in view of the interests of every branch of domestic + industry, I return you the bill with these my objections to its becoming + a law. +</p> +<p> + I take occasion emphatically to repeat my anxious desire to cooperate + with Congress in the passing of a law which, while it shall assist in + supplying the wants of the Treasury and reestablish public credit, shall + afford to the manufacturing interests of the country all the incidental + protection they require. +</p> +<p> + After all, the effect of what I do is substantially to call on Congress + to reconsider the subject. If on such reconsideration a majority of + two-thirds of both Houses should be in favor of this measure, it will + become a law notwithstanding my objections. In a case of clear and + manifest error on the part of the President the presumption of the + Constitution is that such majorities will be found. Should they be + so found in this case, having conscientiously discharged my own duty + I shall cheerfully acquiesce in the result. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><a name="2H_4_0013"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROTEST.<a href="#note-79"><small>79</small></a> +</h2> +<p class="r"> + WASHINGTON, <i>August 30, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + By the Constitution of the United States it is provided that "every bill + which shall have passed the House of Representatives and the Senate + shall before it become a law be presented to the President of the United + States; <i>if he approve</i>, he <i>shall</i> sign it; but if <i>not</i>, he <i>shall</i> + return it with his objections to that House in which it shall have + originated, who shall enter the objections at large upon the Journal + and proceed to reconsider it." +</p> +<p> + In strict compliance with the positive obligation thus imposed upon me + by the Constitution, not having been able to bring myself to approve a + bill which originated in the House of Representatives entitled "An act + to provide revenue from imports, and to change and modify existing laws + imposing duties on imports, and for other purposes," I returned the same + to the House with my objections to its becoming a law. These objections, + which had entirely satisfied my own mind of the great impolicy, if not + unconstitutionality, of the measure, were presented in the most + respectful and even deferential terms. I would not have been so far + forgetful of what was due from one department of the Government to + another as to have intentionally employed in my official intercourse + with the House any language that could be in the slightest degree + offensive to those to whom it was addressed. If in assigning my + objections to the bill I had so far forgotten what was due to the + House of Representatives as to impugn its motives in passing the bill, + I should owe, not only to that House, but to the country, the most + profound apology. Such departure from propriety is, however, not + complained of in any proceeding which the House has adopted. It has, + on the contrary, been expressly made a subject of remark, and almost + of complaint, that the language in which my dissent was couched was + studiously guarded and cautious. +</p> +<p> + Such being the character of the official communication in question, + I confess I was wholly unprepared for the course which has been pursued + in regard to it. In the exercise of its power to regulate its own + proceedings the House for the first time, it is believed, in the history + of the Government thought proper to refer the message to a select + committee of its own body for the purpose, as my respect for the + House would have compelled me to infer, of deliberately weighing the + objections urged against the bill by the Executive with a view to its + own judgment upon the question of the final adoption or rejection of + the measure. +</p> +<p> + Of the temper and feelings in relation to myself of some of the members + selected for the performance of this duty I have nothing to say. + That was a matter entirely within the discretion of the House of + Representatives. But that committee, taking a different view of its duty + from that which I should have supposed had led to its creation, instead + of confining itself to the objections urged against the bill availed + itself of the occasion formally to arraign the motives of the President + for others of his acts since his induction into office. In the absence + of all proof and, as I am bound to declare, against all law or precedent + in parliamentary proceedings, and at the same time in a manner which + it would be difficult to reconcile with the comity hitherto sacredly + observed in the intercourse between independent and coordinate + departments of the Government, it has assailed my whole official conduct + without the shadow of a pretext for such assault, and, stopping short + of impeachment, has charged me, nevertheless, with offenses declared + to deserve impeachment. +</p> +<p> + Had the extraordinary report which the committee thus made to the + House been permitted to remain without the sanction of the latter, + I should not have uttered a regret or complaint upon the subject. + But unaccompanied as it is by any particle of testimony to support the + charges it contains, without a deliberate examination, almost without + any discussion, the House of Representatives has been pleased to adopt + it as its own, and thereby to become my accuser before the country and + before the world. The high character of such an accuser, the gravity of + the charges which have been made, and the judgment pronounced against me + by the adoption of the report upon a distinct and separate vote of the + House leave me no alternative but to enter my solemn protest against + this proceeding as unjust to myself as a man, as an invasion of my + constitutional powers as Chief Magistrate of the American people, and as + a violation in my person of rights secured to every citizen by the laws + and the Constitution. That Constitution has intrusted to the House + of Representatives the sole power of impeachment. Such impeachment + is required to be tried before the most august tribunal known to + our institutions. The Senate of the United States, composed of the + representatives of the sovereignty of the States, is converted into a + hall of justice, and in order to insure the strictest observance of the + rules of evidence and of legal procedure the Chief Justice of the United + States, the highest judicial functionary of the land, is required to + preside over its deliberations. In the presence of such a judicatory the + voice of faction is presumed to be silent, and the sentence of guilt or + innocence is pronounced under the most solemn sanctions of religion, of + honor, and of law. To such a tribunal does the Constitution authorize + the House of Representatives to carry up its accusations against any + chief of the executive department whom it may believe to be guilty of + high crimes and misdemeanors. Before that tribunal the accused is + confronted with his accusers, and may demand the privilege, which the + justice of the common law secures to the humblest citizen, of a full, + patient, and impartial inquiry into the facts, upon the testimony of + witnesses rigidly cross-examined and deposing in the face of day. + If such a proceeding had been adopted toward me, unjust as I should + certainly have regarded it, I should, I trust, have met with a becoming + constancy a trial as painful as it would have been undeserved. I would + have manifested by a profound submission to the laws of my country my + perfect faith in her justice, and, relying on the purity of my motives + and the rectitude of my conduct, should have looked forward with + confidence to a triumphant refutation in the presence of that country + and by the solemn judgment of such a tribunal not only of whatever + charges might have been formally preferred against me, but of all the + calumnies of which I have hitherto been the unresisting victim. As + it is, I have been accused without evidence and condemned without a + hearing. As far as such proceedings can accomplish it, I am deprived of + public confidence in the administration of the Government and denied + even the boast of a good name—a name transmitted to me from a patriot + father, prized as my proudest inheritance, and carefully preserved for + those who are to come after me as the most precious of all earthly + possessions. I am not only subjected to imputations affecting my + character as an individual, but am charged with offenses against the + country so grave and so heinous as to deserve public disgrace and + disfranchisement. I am charged with violating pledges which I never + gave, and, because I execute what I believe to be the law, with usurping + powers not conferred by law, and, above all, with using the powers + conferred upon the President by the Constitution from corrupt motives + and for unwarrantable ends. And these charges are made without any + particle of evidence to sustain them, and, as I solemnly affirm, + without any foundation in truth. +</p> +<p> + Why is a proceeding of this sort adopted at this time? Is the occasion + for it found in the fact that having been elected to the second office + under the Constitution by the free and voluntary suffrages of the + people, I have succeeded to the first according to the express + provisions of the fundamental law of the same people? It is true that + the succession of the Vice-President to the Chief Magistracy has never + occurred before and that all prudent and patriotic minds have looked + on this new trial of the wisdom and stability of our institutions with + a somewhat anxious concern. I have been made to feel too sensibly + the difficulties of my unprecedented position not to know all that is + intended to be conveyed in the reproach cast upon a President without + a party. But I found myself placed in this most responsible station + by no usurpation or contrivance of my own. I was called to it, under + Providence, by the supreme law of the land and the deliberately declared + will of the people. It is by these that I have been clothed with the + high powers which they have seen fit to confide to their Chief Executive + and been charged with the solemn responsibility under which those powers + are to be exercised. It is to them that I hold myself answerable as a + moral agent for a free and conscientious discharge of the duties which + they have imposed upon me. It is not as an individual merely that I am + now called upon to resist the encroachments of unconstitutional power. + I represent the executive authority of the people of the United States, + and it is in their name, whose mere agent and servant I am, and whose + will declared in their fundamental law I dare not, even were I inclined, + to disobey, that I protest against every attempt to break down the + undoubted constitutional power of this department without a solemn + amendment of that fundamental law. +</p> +<p> + I am determined to uphold the Constitution in this as in other + respects to the utmost of my ability and in defiance of all personal + consequences. What may happen to an individual is of little importance, + but the Constitution of the country, or any one of its great and clear + principles and provisions, is too sacred to be surrendered under any + circumstances whatever by those who are charged with its protection and + defense. Least of all should he be held guiltless who, placed at the + head of one of the great departments of the Government, should shrink + from the exercise of its unquestionable authority on the most important + occasions and should consent without a struggle to efface all the + barriers so carefully erected by the people to control and circumscribe + the powers confided to their various agents. It may be desirable, as the + majority of the House of Representatives has declared it is, that no + such checks upon the will of the Legislature should be suffered to + continue. This is a matter for the people and States to decide, but + until they shall have decided it I shall feel myself bound to execute, + without fear or favor, the law as it has been written by our + predecessors. +</p> +<p> + I protest against this whole proceeding of the House of Representatives + as <i>ex parte</i> and extrajudicial. I protest against it as subversive of + the common right of all citizens to be condemned only upon a fair and + impartial trial, according to law and evidence, before the country. + I protest against it as destructive of all the comity of intercourse + between the departments of this Government, and destined sooner or + later to lead to conflicts fatal to the peace of the country and the + integrity of the Constitution. I protest against it in the name of that + Constitution which is not only my own shield of protection and defense, + but that of every American citizen. I protest against it in the name of + the people, by whose will I stand where I do, by whose authority I + exercised the power which I am charged with having usurped, and to whom + I am responsible for a firm and faithful discharge according to my own + convictions of duty of the high stewardship confided to me by them. + I protest against it in the name of all regulated liberty and all + limited government as a proceeding tending to the utter destruction + of the checks and balances of the Constitution and the accumulating + in the hands of the House of Representatives, or a bare majority of + Congress for the time being, an uncontrolled and despotic power. And + I respectfully ask that this my protest may be entered upon the Journal + of the House of Representatives as a solemn and formal declaration for + all time to come against the injustice and unconstitutionality of such + a proceeding. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><a name="2H_4_0014"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SECOND ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 6, 1842</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + We have continued reason to express our profound gratitude to the Great + Creator of All Things for numberless benefits conferred upon us as a + people. Blessed with genial seasons, the husbandman has his garners + filled with abundance, and the necessaries of life, not to speak of its + luxuries, abound in every direction. While in some other nations steady + and industrious labor can hardly find the means of subsistence, the + greatest evil which we have to encounter is a surplus of production + beyond the home demand, which seeks, and with difficulty finds, a + partial market in other regions. The health of the country, with partial + exceptions, has for the past year been well preserved, and under their + free and wise institutions the United States are rapidly advancing + toward the consummation of the high destiny which an overruling + Providence seems to have marked out for them. Exempt from domestic + convulsion and at peace with all the world, we are left free to consult + as to the best means of securing and advancing the happiness of the + people. Such are the circumstances under which you now assemble in your + respective chambers and which should lead us to unite in praise and + thanksgiving to that great Being who made us and who preserves us as + a nation. +</p> +<p> + I congratulate you, fellow-citizens, on the happy change in the aspect + of our foreign affairs since my last annual message. Causes of complaint + at that time existed between the United States and Great Britain which, + attended by irritating circumstances, threatened most seriously the + public peace. The difficulty of adjusting amicably the questions at + issue between the two countries was in no small degree augmented by the + lapse of time since they had their origin. The opinions entertained by + the Executive on several of the leading topics in dispute were frankly + set forth in the message at the opening of your late session. The + appointment of a special minister by Great Britain to the United States + with power to negotiate upon most of the points of difference indicated + a desire on her part amicably to adjust them, and that minister was met + by the Executive in the same spirit which had dictated his mission. + The treaty consequent thereon having been duly ratified by the two + Governments, a copy, together with the correspondence which accompanied + it, is herewith communicated. I trust that whilst you may see in it + nothing objectionable, it may be the means of preserving for an + indefinite period the amicable relations happily existing between the + two Governments. The question of peace or war between the United States + and Great Britain is a question of the deepest interest, not only to + themselves, but to the civilized world, since it is scarcely possible + that a war could exist between them without endangering the peace of + Christendom. The immediate effect of the treaty upon ourselves will be + felt in the security afforded to mercantile enterprise, which, no longer + apprehensive of interruption, adventures its speculations in the most + distant seas, and, freighted with the diversified productions of every + land, returns to bless our own. There is nothing in the treaty which in + the slightest degree compromits the honor or dignity of either nation. + Next to the settlement of the boundary line, which must always be a + matter of difficulty between states as between individuals, the question + which seemed to threaten the greatest embarrassment was that connected + with the African slave trade. +</p> +<p> + By the tenth article of the treaty of Ghent it was expressly declared + that— +</p> +<p class="q"> + Whereas the traffic in slaves is irreconcilable with the principles + of humanity and justice, and whereas both His Majesty and the United + States are desirous of continuing their efforts to promote its entire + abolition, it is hereby agreed that both the contracting parties + shall use their best endeavors to accomplish so desirable an object. +</p> +<p> + In the enforcement of the laws and treaty stipulations of Great Britain + a practice had threatened to grow up on the part of its cruisers of + subjecting to visitation ships sailing under the American flag, which, + while it seriously involved our maritime rights, would subject to + vexation a branch of our trade which was daily increasing, and which + required the fostering care of Government. And although Lord Aberdeen + in his correspondence with the American envoys at London expressly + disclaimed all right to detain an American ship on the high seas, even + if found with a cargo of slaves on board, and restricted the British + pretension to a mere claim to visit and inquire, yet it could not well + be discerned by the Executive of the United States how such visit and + inquiry could be made without detention on the voyage and consequent + interruption to the trade. It was regarded as the right of search + presented only in a new form and expressed in different words, and + I therefore felt it to be my duty distinctly to declare in my annual + message to Congress that no such concession could be made, and that the + United States had both the will and the ability to enforce their own + laws and to protect their flag from being used for purposes wholly + forbidden by those laws and obnoxious to the moral censure of the world. + Taking the message as his letter of instructions, our then minister at + Paris felt himself required to assume the same ground in a remonstrance + which he felt it to be his duty to present to Mr. Guizôt, and through + him to the King of the French, against what has been called the + "quintuple treaty;" and his conduct in this respect met with the + approval of this Government. In close conformity with these views the + eighth article of the treaty was framed, which provides "that each + nation shall keep afloat in the African seas a force not less than + 80 guns, to act separately and apart, under instructions from their + respective Governments, and for the enforcement of their respective laws + and obligations." From this it will be seen that the ground assumed + in the message has been fully maintained at the same time that the + stipulations of the treaty of Ghent are to be carried out in good faith + by the two countries, and that all pretense is removed for interference + with our commerce for any purpose whatever by a foreign government. + While, therefore, the United States have been standing up for the + freedom of the seas, they have not thought proper to make that a pretext + for avoiding a fulfillment of their treaty stipulations or a ground + for giving countenance to a trade reprobated by our laws. A similar + arrangement by the other great powers could not fail to sweep from the + ocean the slave trade without the interpolation of any new principle + into the maritime code. We may be permitted to hope that the example + thus set will be followed by some if not all of them. We thereby also + afford suitable protection to the fair trader in those seas, thus + fulfilling at the same time the dictates of a sound policy and complying + with the claims of justice and humanity. +</p> +<p> + It would have furnished additional cause for congratulation if the + treaty could have embraced all subjects calculated in future to lead to + a misunderstanding between the two Governments. The Territory of the + United States commonly called the Oregon Territory, lying on the Pacific + Ocean north of the forty-second degree of latitude, to a portion of + which Great Britain lays claim, begins to attract the attention of our + fellow-citizens, and the tide of population which has reclaimed what was + so lately an unbroken wilderness in more contiguous regions is preparing + to flow over those vast districts which stretch from the Rocky Mountains + to the Pacific Ocean. In advance of the acquirement of individual rights + to these lands, sound policy dictates that every effort should be + resorted to by the two Governments to settle their respective claims. + It became manifest at an early hour of the late negotiations that any + attempt for the time being satisfactorily to determine those rights + would lead to a protracted discussion, which might embrace in its + failure other more pressing matters, and the Executive did not regard + it as proper to waive all the advantages of an honorable adjustment of + other difficulties of great magnitude and importance because this, not + so immediately pressing, stood in the way. Although the difficulty + referred to may not for several years to come involve the peace of + the two countries, yet I shall not delay to urge on Great Britain the + importance of its early settlement. Nor will other matters of commercial + importance to the two countries be overlooked, and I have good reason to + believe that it will comport with the policy of England, as it does with + that of the United States, to seize upon this moment, when most of the + causes of irritation have passed away, to cement the peace and amity of + the two countries by wisely removing all grounds of probable future + collision. +</p> +<p> + With the other powers of Europe our relations continue on the most + amicable footing. Treaties now existing with them should be rigidly + observed, and every opportunity compatible with the interests of the + United States should be seized upon to enlarge the basis of commercial + intercourse. Peace with all the world is the true foundation of our + policy, which can only be rendered permanent by the practice of equal + and impartial justice to all. Our great desire should be to enter only + into that rivalry which looks to the general good in the cultivation + of the sciences, the enlargement of the field for the exercise of the + mechanical arts, and the spread of commerce—that great civilizer—to + every land and sea. Carefully abstaining from interference in all + questions exclusively referring themselves to the political interests + of Europe, we may be permitted to hope an equal exemption from the + interference of European Governments in what relates to the States + of the American continent. +</p> +<p> + On the 23d of April last the commissioners on the part of the United + States under the convention with the Mexican Republic of the 11th of + April, 1839, made to the proper Department a final report in relation to + the proceedings of the commission. From this it appears that the total + amount awarded to the claimants by the commissioners and the umpire + appointed under that convention was $2,026,079.68. The arbiter having + considered that his functions were required by the convention to + terminate at the same time with those of the commissioners, returned to + the board, undecided for want of time, claims which had been allowed by + the American commissioners to the amount of $928,620.88. Other claims, + in which the amount sought to be recovered was $3,336,837.05, were + submitted to the board too late for its consideration. The minister of + the United States at Mexico has been duly authorized to make demand for + payment of the awards according to the terms of the convention and the + provisions of the act of Congress of the 12th of June, 1840. He has also + been instructed to communicate to that Government the expectations of + the Government of the United States in relation to those claims which + were not disposed of according to the provisions of the convention, + and all others of citizens of the United States against the Mexican + Government. He has also been furnished with other instructions, to be + followed by him in case the Government of Mexico should not find itself + in a condition to make present payment of the amount of the awards in + specie or its equivalent. +</p> +<p> + I am happy to be able to say that information which is esteemed + favorable both to a just satisfaction of the awards and a reasonable + provision for other claims has been recently received from Mr. Thompson, + the minister of the United States, who has promptly and efficiently + executed the instructions of his Government in regard to this important + subject. +</p> +<p> + The citizens of the United States who accompanied the late Texan + expedition to Santa Fe, and who were wrongfully taken and held as + prisoners of war in Mexico, have all been liberated. +</p> +<p> + A correspondence has taken place between the Department of State and + the Mexican minister of foreign affairs upon the complaint of Mexico + that citizens of the United States were permitted to give aid to the + inhabitants of Texas in the war existing between her and that Republic. + Copies of this correspondence are herewith communicated to Congress, + together with copies of letters on the same subject addressed to the + diplomatic corps at Mexico by the American minister and the Mexican + secretary of state. +</p> +<p> + Mexico has thought proper to reciprocate the mission of the United + States to that Government by accrediting to this a minister of the same + rank as that of the representative of the United States in Mexico. From + the circumstances connected with his mission favorable results are + anticipated from it. It is so obviously for the interest of both + countries as neighbors and friends that all just causes of mutual + dissatisfaction should be removed that it is to be hoped neither will + omit or delay the employment of any practicable and honorable means to + accomplish that end. +</p> +<p> + The affairs pending between this Government and several others of the + States of this hemisphere formerly under the dominion of Spain have + again within the past year been materially obstructed by the military + revolutions and conflicts in those countries. +</p> +<p> + The ratifications of the treaty between the United States and the + Republic of Ecuador of the 13th of June, 1839, have been exchanged, + and that instrument has been duly promulgated on the part of this + Government. Copies are now communicated to Congress with a view to + enable that body to make such changes in the laws applicable to our + intercourse with that Republic as may be deemed requisite. +</p> +<p> + Provision has been made by the Government of Chile for the payment of + the claim on account of the illegal detention of the brig <i>Warrior</i> at + Coquimbo in 1820. This Government has reason to expect that other claims + of our citizens against Chile will be hastened to a final and + satisfactory close. +</p> +<p> + The Empire of Brazil has not been altogether exempt from those + convulsions which so constantly afflict the neighboring republics. + Disturbances which recently broke out are, however, now understood to + be quieted. But these occurrences, by threatening the stability of the + governments, or by causing incessant and violent changes in them or in + the persons who administer them, tend greatly to retard provisions for a + just indemnity for losses and injuries suffered by individual subjects + or citizens of other states. The Government of the United States will + feel it to be its duty, however, to consent to no delay not unavoidable + in making satisfaction for wrongs and injuries sustained by its own + citizens. Many years having in some cases elapsed, a decisive and + effectual course of proceeding will be demanded of the respective + governments against whom claims have been preferred. +</p> +<p> + The vexatious, harassing, and expensive war which so long prevailed with + the Indian tribes inhabiting the peninsula of Florida has happily been + terminated, whereby our Army has been relieved from a service of the + most disagreeable character and the Treasury from a large expenditure. + Some casual outbreaks may occur, such as are incident to the close + proximity of border settlers and the Indians, but these, as in all other + cases, may be left to the care of the local authorities, aided when + occasion may require by the forces of the United States. A sufficient + number of troops will be maintained in Florida so long as the remotest + apprehensions of danger shall exist, yet their duties will be limited + rather to the garrisoning of the necessary posts than to the maintenance + of active hostilities. It is to be hoped that a territory so long + retarded in its growth will now speedily recover from the evils incident + to a protracted war, exhibiting in the increased amount of its rich + productions true evidences of returning wealth and prosperity. By the + practice of rigid justice toward the numerous Indian tribes residing + within our territorial limits and the exercise of a parental vigilance + over their interests, protecting them against fraud and intrusion, and + at the same time using every proper expedient to introduce among them + the arts of civilized life, we may fondly hope not only to wean them + from their love of war, but to inspire them with a love for peace and + all its avocations. With several of the tribes great progress in + civilizing them has already been made. The schoolmaster and the + missionary are found side by side, and the remnants of what were once + numerous and powerful nations may yet be preserved as the builders up + of a new name for themselves and their posterity. +</p> +<p> + The balance in the Treasury on the 1st of January, 1842, exclusive of + the amount deposited with the States, trust funds, and indemnities, was + $230,483.68. The receipts into the Treasury during the three first + quarters of the present year from all sources amount to $26,616,593.78, + of which more than fourteen millions were received from customs and + about one million from the public lands. The receipts for the fourth + quarter are estimated at nearly eight millions, of which four millions + are expected from customs and three millions and a half from loans and + Treasury notes. The expenditures of the first three quarters of the + present year exceed twenty-six millions, and those estimated for the + fourth quarter amount to about eight millions; and it is anticipated + there will be a deficiency of half a million on the 1st of January next, + but that the amount of outstanding warrants (estimated at $800,000) will + leave an actual balance of about $224,000 in the Treasury. Among the + expenditures of this year are more than eight millions for the public + debt and about $600,000 on account of the distribution to the States of + the proceeds of sales of the public lands. +</p> +<p> + The present tariff of duties was somewhat hastily and hurriedly passed + near the close of the late session of Congress. That it should have + defects can therefore be surprising to no one. To remedy such defects as + may be found to exist in any of its numerous provisions will not fail + to claim your serious attention. It may well merit inquiry whether the + exaction of all duties in cash does not call for the introduction of a + system which has proved highly beneficial in countries where it has been + adopted. I refer to the warehousing system. The first and most prominent + effect which it would produce would be to protect the market alike + against redundant or deficient supplies of foreign fabrics, both of + which in the long run are injurious as well to the manufacturer as the + importer. The quantity of goods in store being at all times readily + known, it would enable the importer with an approach to accuracy to + ascertain the actual wants of the market and to regulate himself + accordingly. If, however, he should fall into error by importing an + excess above the public wants, he could readily correct its evils by + availing himself of the benefits and advantages of the system thus + established. In the storehouse the goods imported would await the demand + of the market and their issues would be governed by the fixed principles + of demand and supply. Thus an approximation would be made to a + steadiness and uniformity of price, which if attainable would conduce + to the decided advantage of mercantile and mechanical operations. +</p> +<p> + The apprehension may be well entertained that without something to + ameliorate the rigor of cash payments the entire import trade may fall + into the hands of a few wealthy capitalists in this country and in + Europe. The small importer, who requires all the money he can raise for + investments abroad, and who can but ill afford to pay the lowest duty, + would have to subduct in advance a portion of his funds in order to pay + the duties, and would lose the interest upon the amount thus paid for + all the time the goods might remain unsold, which might absorb his + profits. The rich capitalist, abroad as well as at home, would thus + possess after a short time an almost exclusive monopoly of the import + trade, and laws designed for the benefit of all would thus operate for + the benefit of a few—a result wholly uncongenial with the spirit of our + institutions and antirepublican in all its tendencies. The warehousing + system would enable the importer to watch the market and to select his + own time for offering his goods for sale. A profitable portion of the + carrying trade in articles entered for the benefit of drawback must also + be most seriously affected without the adoption of some expedient to + relieve the cash system. The warehousing system would afford that + relief, since the carrier would have a safe recourse to the public + storehouses and might without advancing the duty reship within some + reasonable period to foreign ports. A further effect of the measure + would be to supersede the system of drawbacks, thereby effectually + protecting the Government against fraud, as the right of debenture would + not attach to goods after their withdrawal from the public stores. +</p> +<p> + In revising the existing tariff of duties, should you deem it proper to + do so at your present session, I can only repeat the suggestions and + recommendations which upon several occacions I have heretofore felt it + to be my duty to offer to Congress. The great primary and controlling + interest of the American people is union—union not only in the mere + forms of government, forms which may be broken, but union founded in + an attachment of States and individuals for each other. This union in + sentiment and feeling can only be preserved by the adoption of that + course of policy which, neither giving exclusive benefits to some nor + imposing unnecessary burthens upon others, shall consult the interests + of all by pursuing a course of moderation and thereby seeking to + harmonize public opinion, and causing the people everywhere to feel and + to know that the Government is careful of the interests of all alike. + Nor is there any subject in regard to which moderation, connected with a + wise discrimination, is more necessary than in the imposition of duties + on imports. Whether reference be had to revenue, the primary object in + the imposition of taxes, or to the incidents which necessarily flow from + their imposition, this is entirely true. Extravagant duties defeat their + end and object, not only by exciting in the public mind an hostility to + the manufacturing interests, but by inducing a system of smuggling on + an extensive scale and the practice of every manner of fraud upon the + revenue, which the utmost vigilance of Government can not effectually + suppress. An opposite course of policy would be attended by results + essentially different, of which every interest of society, and none more + than those of the manufacturer, would reap important advantages. Among + the most striking of its benefits would be that derived from the general + acquiescence of the country in its support and the consequent permanency + and stability which would be given to all the operations of industry. It + can not be too often repeated that no system of legislation can be wise + which is fluctuating and uncertain. No interest can thrive under it. + The prudent capitalist will never adventure his capital in manufacturing + establishments, or in any other leading pursuit of life, if there + exists a state of uncertainty as to whether the Government will repeal + to-morrow what it has enacted to-day. Fitful profits, however high, if + threatened with a ruinous reduction by a vacillating policy on the part + of Government, will scarcely tempt him to trust the money which he has + acquired by a life of labor upon the uncertain adventure. I therefore, + in the spirit of conciliation, and influenced by no other desire than to + rescue the great interests of the country from the vortex of political + contention, and in the discharge of the high and solemn duties of the + place which I now occupy, recommend moderate duties, imposed with a + wise discrimination as to their several objects, as being not only + most likely to be durable, but most advantageous to every interest + of society. +</p> +<p> + The report of the Secretary of the War Department exhibits a very + full and satisfactory account of the various and important interests + committed to the charge of that officer. It is particularly gratifying + to find that the expenditures for the military service are greatly + reduced in amount—that a strict system of economy has been introduced + into the service and the abuses of past years greatly reformed. The + fortifications on our maritime frontier have been prosecuted with much + vigor, and at many points our defenses are in a very considerable state + of forwardness. The suggestions in reference to the establishment of + means of communication with our territories on the Pacific and to the + surveys so essential to a knowledge of the resources of the intermediate + country are entitled to the most favorable consideration. While I would + propose nothing inconsistent with friendly negotiations to settle the + extent of our claims in that region, yet a prudent forecast points out + the necessity of such measures as may enable us to maintain our rights. + The arrangements made for preserving our neutral relations on the + boundary between us and Texas and keeping in check the Indians in that + quarter will be maintained so long as circumstances may require. For + several years angry contentions have grown out of the disposition + directed by law to be made of the mineral lands held by the Government + in several of the States. The Government is constituted the landlord, + and the citizens of the States wherein lie the lands are its tenants. + The relation is an unwise one, and it would be much more conducive of + the public interest that a sale of the lands should be made than that + they should remain in their present condition. The supply of the ore + would be more abundantly and certainly furnished when to be drawn from + the enterprise and the industry of the proprietor than under the present + system. +</p> +<p> + The recommendations of the Secretary in regard to the improvements of + the Western waters and certain prominent harbors on the Lakes merit, and + I doubt not will receive, your serious attention. The great importance + of these subjects to the prosperity of the extensive region referred + to and the security of the whole country in time of war can not escape + observation. The losses of life and property which annually occur + in the navigation of the Mississippi alone because of the dangerous + obstructions in the river make a loud demand upon Congress for the + adoption of efficient measures for their removal. +</p> +<p> + The report of the Secretary of the Navy will bring you acquainted with + that important branch of the public defenses. Considering the already + vast and daily increasing commerce of the country, apart from the + exposure to hostile inroad of an extended seaboard, all that relates to + the Navy is calculated to excite particular attention. Whatever tends + to add to its efficiency without entailing unnecessary charges upon + the Treasury is well worthy of your serious consideration. It will be + seen that while an appropriation exceeding by more than a million the + appropriations of the current year is asked by the Secretary, yet that + in this sum is proposed to be included $400,000 for the purchase of + clothing, which when once expended will be annually reimbursed by the + sale of the clothes, and will thus constitute a perpetual fund without + any new appropriation to the same object. To this may also be added + $50,000 asked to cover the arrearages of past years and $250,000 in + order to maintain a competent squadron on the coast of Africa; all of + which when deducted will reduce the expenditures nearly within the + limits of those of the current year. While, however, the expenditures + will thus remain very nearly the same as of the antecedent year, it is + proposed to add greatly to the operations of the marine, and in lieu of + only 25 ships in commission and but little in the way of building, to + keep with the same expenditure 41 vessels afloat and to build 12 ships + of a small class. +</p> +<p> + A strict system of accountability is established and great pains are + taken to insure industry, fidelity, and economy in every department of + duty. Experiments have been instituted to test the quality of various + materials, particularly copper, iron, and coal, so as to prevent fraud + and imposition. +</p> +<p> + It will appear by the report of the Postmaster-General that the great + point which for several years has been so much desired has during the + current year been fully accomplished. The expenditures of the Department + for current service have been brought within its income without + lessening its general usefulness. There has been an increase of revenue + equal to $166,000 for the year 1842 over that of 1841, without, as it + is believed, any addition having been made to the number of letters and + newspapers transmitted through the mails. The post-office laws have been + honestly administered, and fidelity has been observed in accounting for + and paying over by the subordinates of the Department the moneys which + have been received. For the details of the service I refer you to the + report. +</p> +<p> + I flatter myself that the exhibition thus made of the condition of the + public administration will serve to convince you that every proper + attention has been paid to the interests of the country by those who + have been called to the heads of the different Departments. The + reduction in the annual expenditures of the Government already + accomplished furnishes a sure evidence that economy in the application + of the public moneys is regarded as a paramount duty. +</p> +<p> + At peace with all the world, the personal liberty of the citizen + sacredly maintained and his rights secured under political institutions + deriving all their authority from the direct sanction of the people, + with a soil fertile almost beyond example and a country blessed with + every diversity of climate and production, what remains to be done in + order to advance the happiness and prosperity of such a people? Under + ordinary circumstances this inquiry could readily be answered. The best + that probably could be done for a people inhabiting such a country would + be to fortify their peace and security in the prosecution of their + various pursuits by guarding them against invasion from without and + violence from within. The rest for the greater part might be left to + their own energy and enterprise. The chief embarrassments which at the + moment exhibit themselves have arisen from overaction, and the most + difficult task which remains to be accomplished is that of correcting + and overcoming its effects. Between the years 1833 and 1838 additions + were made to bank capital and bank issues, in the form of notes designed + for circulation, to an extent enormously great. The question seemed to + be not how the best currency could be provided, but in what manner the + greatest amount of bank paper could be put in circulation. Thus a vast + amount of what was called money—since for the time being it answered + the purposes of money—was thrown upon the country, an overissue which + was attended, as a necessary consequence, by an extravagant increase of + the prices of all articles of property, the spread of a speculative + mania all over the country, and has finally ended in a general + indebtedness on the part of States and individuals, the prostration of + public and private credit, a depreciation in the market value of real + and personal estate, and has left large districts of country almost + entirely without any circulating medium. In view of the fact that in + 1830 the whole banknote circulation within the United States amounted + to but $61,323,898, according to the Treasury statements, and that an + addition had been made thereto of the enormous sum of $88,000,000 in + seven years (the circulation on the 1st of January, 1837, being stated + at $149,185,890), aided by the great facilities afforded in obtaining + loans from European capitalists, who were seized with the same + speculative <i>mania</i> which prevailed in the United States, and the large + importations of funds from abroad—the result of stock sales and + loans—no one can be surprised at the apparent but unsubstantial + state of prosperity which everywhere prevailed over the land; and as + little cause of surprise should be felt at the present prostration + of everything and the ruin which has befallen so many of our + fellow-citizens in the sudden withdrawal from circulation of so large an + amount of bank issues since 1837—exceeding, as is believed, the amount + added to the paper currency for a similar period antecedent to 1837—it + ceases to be a matter of astonishment that such extensive shipwreck + should have been made of private fortunes or that difficulties should + exist in meeting their engagements on the part of the debtor States; + apart from which, if there be taken into account the immense losses + sustained in the dishonor of numerous banks, it is less a matter of + surprise that insolvency should have visited many of our fellow-citizens + than that so many should have escaped the blighting influences of the + times. +</p> +<p> + In the solemn conviction of these truths and with an ardent desire to + meet the pressing necessities of the country, I felt it to be my duty to + cause to be submitted to you at the commencement of your last session + the plan of an exchequer, the whole power and duty of maintaining which + in purity and vigor was to be exercised by the representatives of the + people and the States, and therefore virtually by the people themselves. + It was proposed to place it under the control and direction of a + Treasury board to consist of three commissioners, whose duty it should + be to see that the law of its creation was faithfully executed and that + the great end of supplying a paper medium of exchange at all times + convertible into gold and silver should be attained. The board thus + constituted was given as much permanency as could be imparted to it + without endangering the proper share of responsibility which should + attach to all public agents. In order to insure all the advantages of a + well-matured experience, the commissioners were to hold their offices + for the respective periods of two, four, and six years, thereby securing + at all times in the management of the exchequer the services of two men + of experience; and to place them in a condition to exercise perfect + independence of mind and action it was provided that their removal + should only take place for actual incapacity or infidelity to the trust, + and to be followed by the President with an exposition of the causes of + such removal, should it occur. It was proposed to establish subordinate + boards in each of the States, under the same restrictions and + limitations of the power of removal, which, with the central board, + should receive, safely keep, and disburse the public moneys. And in + order to furnish a sound paper medium of exchange the exchequer should + retain of the revenues of the Government a sum not to exceed $5,000,000 + in specie, to be set apart as required by its operations, and to pay the + public creditor at his own option either in specie or Treasury notes of + denominations not less than $5 nor exceeding $100, which notes should + be redeemed at the several places of issue, and to be receivable at all + times and everywhere in payment of Government dues, with a restraint + upon such issue of bills that the same should not exceed the <i>maximum</i> + of $15,000,000. In order to guard against all the hazards incident to + fluctuations in trade, the Secretary of the Treasury was invested with + authority to issue $5,000,000 of Government stock, should the same at + any time be regarded as necessary in order to place beyond hazard the + prompt redemption of the bills which might be thrown into circulation; + thus in fact making the issue of $15,000,000 of exchequer bills rest + substantially on $10,000,000, and keeping in circulation never more than + one and one-half dollars for every dollar in specie. When to this it is + added that the bills are not only everywhere receivable in Government + dues, but that the Government itself would be bound for their ultimate + redemption, no rational doubt can exist that the paper which the + exchequer would furnish would readily enter into general circulation and + be maintained at all times at or above par with gold and silver, thereby + realizing the great want of the age and fulfilling the wishes of the + people. In order to reimburse the Government the expenses of the plan, + it was proposed to invest the exchequer with the limited authority to + deal in bills of exchange (unless prohibited by the State in which an + agency might be situated) having only thirty days to run and resting on + a fair and <i>bona fide</i> basis. The legislative will on this point might + be so plainly announced as to avoid all pretext for partiality or + favoritism. It was furthermore proposed to invest this Treasury agent + with authority to receive on deposit to a limited amount the specie + funds of individuals and to grant certificates therefor to be redeemed + on presentation, under the idea, which is believed to be well founded, + that such certificates would come in aid of the exchequer bills in + supplying a safe and ample paper circulation. Or if in place of the + contemplated dealings in exchange the exchequer should be authorized + not only to exchange its bills for actual deposits of specie, but, for + specie or its equivalent, to sell drafts, charging therefor a small but + reasonable premium, I can not doubt but that the benefits of the law + would be speedily manifested in the revival of the credit, trade, and + business of the whole country. Entertaining this opinion, it becomes my + duty to urge its adoption upon Congress by reference to the strongest + considerations of the public interests, with such alterations in its + details as Congress may in its wisdom see fit to make. +</p> +<p> + I am well aware that this proposed alteration and amendment of the laws + establishing the Treasury Department has encountered various objections, + and that among others it has been proclaimed a Government bank of + fearful and dangerous import. It is proposed to confer upon it no + extraordinary power. It purports to do no more than pay the debts of the + Government with the redeemable paper of the Government, in which respect + it accomplishes precisely what the Treasury does daily at this time in + issuing to the public creditors the Treasury notes which under law it is + authorized to issue. It has no resemblance to an ordinary bank, as it + furnishes no profits to private stockholders and lends no capital to + individuals. If it be objected to as a Government bank and the objection + be available, then should all the laws in relation to the Treasury be + repealed and the capacity of the Government to collect what is due to + it or pay what it owes be abrogated. +</p> +<p> + This is the chief purpose of the proposed exchequer, and surely if + in the accomplishment of a purpose so essential it affords a sound + circulating medium to the country and facilities to trade it should be + regarded as no slight recommendation of it to public consideration. + Properly guarded by the provisions of law, it can run into no dangerous + evil, nor can any abuse arise under it but such as the Legislature + itself will be answerable for if it be tolerated, since it is but the + creature of the law and is susceptible at all times of modification, + amendment, or repeal at the pleasure of Congress. I know that it has + been objected that the system would be liable to be abused by the + Legislature, by whom alone it could be abused, in the party conflicts of + the day; that such abuse would manifest itself in a change of the law + which would authorize an excessive issue of paper for the purpose of + inflating prices and winning popular favor. To that it may be answered + that the ascription of such a motive to Congress is altogether + gratuitous and inadmissible. The theory of our institutions would + lead us to a different conclusion. But a perfect security against + a proceeding so reckless would be found to exist in the very nature + of things. The political party which should be so blind to the true + interests of the country as to resort to such an expedient would + inevitably meet with final overthrow in the fact that the moment the + paper ceased to be convertible into specie or otherwise promptly + redeemed it would become worthless, and would in the end dishonor the + Government, involve the people in ruin and such political party in + hopeless disgrace. At the same time, such a view involves the utter + impossibility of furnishing any currency other than that of the precious + metals; for if the Government itself can not forego the temptation of + excessive paper issues what reliance can be placed in corporations upon + whom the temptations of individual aggrandizement would most strongly + operate? The people would have to blame none but themselves for any + injury that might arise from a course so reckless, since their agents + would be the wrongdoers and they the passive spectators. +</p> +<p> + There can be but three kinds of public currency—first, gold and silver; + second, the paper of State institutions; or, third, a representative of + the precious metals provided by the General Government or under its + authority. The subtreasury system rejected the last in any form, and as + it was believed that no reliance could be placed on the issues of local + institutions for the purposes of general circulation it necessarily and + unavoidably adopted specie as the exclusive currency for its own use; + and this must ever be the case unless one of the other kinds be used. + The choice in the present state of public sentiment lies between an + exclusive specie currency on the one hand and Government issues of some + kind on the other. That these issues can not be made by a chartered + institution is supposed to be conclusively settled. They must be made, + then, directly by Government agents. For several years past they have + been thus made in the form of Treasury notes, and have answered a + valuable purpose. Their usefulness has been limited by their being + transient and temporary; their ceasing to bear interest at given periods + necessarily causes their speedy return and thus restricts their range of + circulation, and being used only in the disbursements of Government they + can not reach those points where they are most required. By rendering + their use permanent, to the moderate extent already mentioned, by + offering no inducement for their return and by exchanging them for coin + and other values, they will constitute to a certain extent the general + currency so much needed to maintain the internal trade of the country. + And this is the exchequer plan so far as it may operate in furnishing + a currency. +</p> +<p> + I can not forego the occasion to urge its importance to the credit of + the Government in a financial point of view. The great necessity of + resorting to every proper and becoming expedient in order to place the + Treasury on a footing of the highest respectability is entirely obvious. + The credit of the Government may be regarded as the very soul of the + Government itself—a principle of vitality without which all its + movements are languid and all its operations embarrassed. In this spirit + the Executive felt itself bound by the most imperative sense of duty + to submit to Congress at its last session the propriety of making a + specific pledge of the land fund as the basis for the negotiation of + the loans authorized to be contracted. I then thought that such an + application of the public domain would without doubt have placed at the + command of the Government ample funds to relieve the Treasury from the + temporary embarrassments under which it labored. American credit has + suffered a considerable shock in Europe from the large indebtedness + of the States and the temporary inability of some of them to meet the + interest on their debts. The utter and disastrous prostration of the + United States Bank of Pennsylvania had contributed largely to increase + the sentiment of distrust by reason of the loss and ruin sustained by + the holders of its stock, a large portion of whom were foreigners and + many of whom were alike ignorant of our political organization and of + our actual responsibilities. +</p> +<p> + It was the anxious desire of the Executive that in the effort to + negotiate the loan abroad the American negotiator might be able to + point the money lender to the fund mortgaged for the redemption of + the principal and interest of any loan he might contract, and thereby + vindicate the Government from all suspicion of bad faith or inability to + meet its engagements. Congress differed from the Executive in this view + of the subject. It became, nevertheless, the duty of the Executive to + resort to every expedient in its power to do so. +</p> +<p> + After a failure in the American market a citizen of high character + and talent was sent to Europe, with no better success; and thus the + mortifying spectacle has been presented of the inability of this + Government to obtain a loan so small as not in the whole to amount to + more than one-fourth of its ordinary annual income, at a time when the + Governments of Europe, although involved in debt and with their subjects + heavily burthened with taxation, readily obtained loans of any amount + at a greatly reduced rate of interest. It would be unprofitable to look + further into this anomalous state of things, but I can not conclude + without adding that for a Government which has paid off its debts of + two wars with the largest maritime power of Europe, and now owing a + debt which is almost next to nothing when compared with its boundless + resources—a Government the strongest in the world, because emanating + from the popular will and firmly rooted in the affections of a great + and free people, and whose fidelity to its engagements has never been + questioned—for such a Government to have tendered to the capitalists of + other countries an opportunity for a small investment in its stock, and + yet to have failed, implies either the most unfounded distrust in its + good faith or a purpose to obtain which the course pursued is the most + fatal which could have been adopted. It has now become obvious to all + men that the Government must look to its own means for supplying its + wants, and it is consoling to know that these means are altogether + adequate for the object. The exchequer, if adopted, will greatly aid + in bringing about this result. Upon what I regard as a well-founded + supposition that its bills would be readily sought for by the public + creditors and that the issue would in a short time reach the maximum of + $15,000,000, it is obvious that $10,000,000 would thereby be added to + the available means of the Treasury without cost or charge. Nor can I + fail to urge the great and beneficial effects which would be produced in + aid of all the active pursuits of life. Its effects upon the solvent + State banks, while it would force into liquidation those of an opposite + character through its weekly settlements, would be highly beneficial; + and with the advantages of a sound currency the restoration of + confidence and credit would follow with a numerous train of blessings. + My convictions are most strong that these benefits would flow from the + adoption of this measure; but if the result should be adverse there is + this security in connection with it—that the law creating it may be + repealed at the pleasure of the Legislature without the slightest + implication of its good faith. +</p> +<p> + I recommend to Congress to take into consideration the propriety of + reimbursing a fine imposed on General Jackson at New Orleans at the + time of the attack and defense of that city, and paid by him. Without + designing any reflection on the judicial tribunal which imposed the + fine, the remission at this day may be regarded as not unjust or + inexpedient. The voice of the civil authority was heard amidst the + glitter of arms and obeyed by those who held the sword, thereby giving + additional luster to a memorable military achievement. If the laws were + offended, their majesty was fully vindicated; and although the penalty + incurred and paid is worthy of little regard in a pecuniary point of + view, it can hardly be doubted that it would be gratifying to the + war-worn veteran, now in retirement and in the winter of his days, to be + relieved from the circumstances in which that judgment placed him. There + are cases in which public functionaries may be called on to weigh the + public interest against their own personal hazards, and if the civil law + be violated from praiseworthy motives or an overruling sense of public + danger and public necessity punishment may well be restrained within + that limit which asserts and maintains the authority of the law and + the subjection of the military to the civil power. The defense of New + Orleans, while it saved a city from the hands of the enemy, placed the + name of General Jackson among those of the greatest captains of the age + and illustrated one of the brightest pages of our history. Now that the + causes of excitement existing at the time have ceased to operate, it is + believed that the remission of this fine and whatever of gratification + that remission might cause the eminent man who incurred and paid it + would be in accordance with the general feeling and wishes of the + American people. +</p> +<p> + I have thus, fellow-citizens, acquitted myself of my duty under the + Constitution by laying before you as succinctly as I have been able the + state of the Union and by inviting your attention to measures of much + importance to the country. The executive will most zealously unite its + efforts with those of the legislative department in the accomplishment + of all that is required to relieve the wants of a common constituency + or elevate the destinies of a beloved country. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><a name="2H_4_0015"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES +</h2> +<p class="r"> + WASHINGTON CITY, <i>December 13, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I hereby communicate to the Senate a letter from the Secretary of the + Navy, with accompanying documents.<a href="#note-80"><small>80</small></a> +</p> +<p class="r"> JOHN TYLER.</p> +<center> + [The same message was sent to the House of Representatives.] +</center> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 14, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a treaty recently concluded with the Chippewa + Indians of the Mississippi and Lake Superior, with communications from + the War Department in relation thereto, and ask the advice and consent + of the Senate to the ratification of the said treaty. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 14, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a treaty recently concluded with the Sac and + Fox Indians, with communications from the War Department in relation + thereto, and ask the advice and consent of the Senate to the + ratification of the said treaty. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 23, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received the resolution of the 22d instant, requesting me + "to inform the Senate of the nature and extent of 'the informal + communications' which took place between the American Secretary of + State and the British special minister during the late negotiations in + Washington City upon the subject of the claims of the United States and + Great Britain to the territory west of the Rocky Mountains," and also to + inform the Senate what were the reasons which prevented "any agreement + upon the subject at present" and which made it "inexpedient to include + that subject among the subjects of formal negotiation." +</p> +<p> + In my message to Congress at the commencement of the present session, + in adverting to the territory of the United States on the Pacific Ocean + north of the forty-second degree of north latitude, a part of which is + claimed by Great Britain, I remarked that "in advance of the acquirement + of individual rights to these lands sound policy dictates that every + effort should be resorted to by the two Governments to settle their + respective claims," and also stated that I should not delay to urge on + Great Britain the importance of an early settlement. Measures have been + already taken in pursuance of the purpose thus expressed, and under + these circumstances I do not deem it consistent with the public interest + to make any communication on the subject. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 23, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate a report<a href="#note-81"><small>81</small></a> from the Secretary + of State, in answer to a resolution of the Senate adopted on the 22d + instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 29, 1842</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-82"><small>82</small></a> from the Secretary of + State, with accompanying papers, in answer to their resolution of the + 27th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 30, 1842</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In reply to the resolution of the Senate of the 14th December, I + transmit herewith the accompanying letter<a href="#note-83"><small>83</small></a> from the Secretary of the + Navy and the statement thereto appended from the Bureau of Equipment and + Construction. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 30, 1842</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith to Congress copies of a correspondence which has + recently taken place between certain agents of the Government of the + Hawaiian or Sandwich Islands and the Secretary of State. +</p> +<p> + The condition of those islands has excited a good deal of interest, + which is increasing by every successive proof that their inhabitants are + making progress in civilization and becoming more and more competent to + maintain regular and orderly civil government. They lie in the Pacific + Ocean, much nearer to this continent than the other, and have become an + important place for the refitment and provisioning of American and + European vessels. +</p> +<p> + Owing to their locality and to the course of the winds which prevail in + this quarter of the world, the Sandwich Islands are the stopping place + for almost all vessels passing from continent to continent across the + Pacific Ocean. They are especially resorted to by the great number of + vessels of the United States which are engaged in the whale fishery + in those seas. The number of vessels of all sorts and the amount of + property owned by citizens of the United States which are found in those + islands in the course of the year are stated probably with sufficient + accuracy in the letter of the agents. +</p> +<p> + Just emerging from a state of barbarism, the Government of the islands + is as yet feeble, but its dispositions appear to be just and pacific, + and it seems anxious to improve the condition of its people by the + introduction of knowledge, of religious and moral institutions, means + of education, and the arts of civilized life. +</p> +<p> + It can not but be in conformity with the interest and wishes of the + Government and the people of the United States that this community, thus + existing in the midst of a vast expanse of ocean, should be respected + and all its rights strictly and conscientiously regarded; and this must + also be the true interest of all other commercial states. Far remote + from the dominions of European powers, its growth and prosperity as an + independent state may yet be in a high degree useful to all whose trade + is extended to those regions; while its near approach to this continent + and the intercourse which American vessels have with it, such vessels + constituting five-sixths of all which annually visit it, could not but + create dissatisfaction on the part of the United States at any attempt + by another power, should such attempt be threatened or feared, to take + possession of the islands, colonize them, and subvert the native + Government. Considering, therefore, that the United States possesses so + large a share of the intercourse with those islands, it is deemed not + unfit to make the declaration that their Government seeks, nevertheless, + no peculiar advantages, no exclusive control over the Hawaiian + Government, but is content with its independent existence and anxiously + wishes for its security and prosperity. Its forbearance in this respect + under the circumstances of the very large intercourse of their citizens + with the islands would justify this Government, should events hereafter + arise to require it, in making a decided remonstrance against the + adoption of an opposite policy by any other power. Under the + circumstances I recommend to Congress to provide for a moderate + allowance to be made out of the Treasury to the consul residing there, + that in a Government so new and a country so remote American citizens + may have respectable authority to which to apply for redress in case of + injury to their persons and property, and to whom the Government of the + country may also make known any acts committed by American citizens of + which it may think it has a right to complain. +</p> +<p> + Events of considerable importance have recently transpired in China. + The military operations carried on against that Empire by the English + Government have been terminated by a treaty, according to the terms of + which four important ports hitherto shut against foreign commerce are + to be open to British merchants, viz, Amoy, Foo-Choo-Foo, Ningpo, and + Chinghai. It can not but be interesting to the mercantile interest of + the United States, whose intercourse with China at the single port + of Canton has already become so considerable, to ascertain whether + these other ports now open to British commerce are to remain shut, + nevertheless, against the commerce of the United States. The treaty + between the Chinese Government and the British commissioner provides + neither for the admission nor the exclusion of the ships of other + nations. It would seem, therefore, that it remains with every other + nation having commercial intercourse with China to seek to make proper + arrangements for itself with the Government of that Empire in this + respect. +</p> +<p> + The importations into the United States from China are known to be + large, having amounted in some years, as will be seen by the annexed + tables, to $9,000,000. The exports, too, from the United States to + China constitute an interesting and growing part of the commerce of the + country. It appears that in the year 1841, in the direct trade between + the two countries, the value of the exports from the United States + amounted to $715,000 in domestic produce and $485,000 in foreign + merchandise. But the whole amount of American produce which finally + reaches China and is there consumed is not comprised in these tables, + which show only the direct trade. Many vessels with American products on + board sail with a primary destination to other countries, but ultimately + dispose of more or less of their cargoes in the port of Canton. +</p> +<p> + The peculiarities of the Chinese Government and the Chinese character + are well known. An Empire supposed to contain 300,000,000 subjects, + fertile in various rich products of the earth, not without the knowledge + of letters and of many arts, and with large and expensive accommodations + for internal intercourse and traffic, has for ages sought to exclude the + visits of strangers and foreigners from its dominions, and has assumed + for itself a superiority over all other nations. Events appear likely to + break down and soften this spirit of nonintercourse and to bring China + ere long into the relations which usually subsist between civilized + states. She has agreed in the treaty with England that correspondence + between the agents of the two Governments shall be on equal terms—a + concession which it is hardly probable will hereafter be withheld from + other nations. +</p> +<p> + It is true that the cheapness of labor among the Chinese, their + ingenuity in its application, and the fixed character of their habits + and pursuits may discourage the hope of the opening of any great and + sudden demand for the fabrics of other countries. But experience proves + that the productions of western nations find a market to some extent + among the Chinese; that that market, so far as respects the productions + of the United States, although it has considerably varied in successive + seasons, has on the whole more than doubled within the last ten years; + and it can hardly be doubted that the opening of several new and + important ports connected with parts of the Empire heretofore seldom + visited by Europeans or Americans would exercise a favorable influence + upon the demand for such productions. +</p> +<p> + It is not understood that the immediate establishment of correspondent + embassies and missions or the permanent residence of diplomatic + functionaries with full powers of each country at the Court of the other + is contemplated between England and China, although, as has been already + observed, it has been stipulated that intercourse between the two + countries shall hereafter be on equal terms. An ambassador or envoy + extraordinary and minister plenipotentiary can only be accredited, + according to the usages of western nations, to the head or sovereign of + the state, and it may be doubtful whether the Court of Pekin is yet + prepared to conform to these usages so far as to receive a minister + plenipotentiary to reside near it. +</p> +<p> + Being of opinion, however, that the commercial interests of the United + States connected with China require at the present moment a degree of + attention and vigilance such as there is no agent of this Government + on the spot to bestow, I recommend to Congress to make appropriation + for the compensation of a commissioner to reside in China to exercise + a watchful care over the concerns of American citizens and for the + protection of their persons and property, empowered to hold intercourse + with the local authorities, and ready, under instructions from his + Government, should such instructions become necessary and proper + hereafter, to address himself to the high functionaries of the Empire, + or through them to the Emperor himself. +</p> +<p> + It will not escape the observation of Congress that in order to secure + the important object of any such measure a citizen of much intelligence + and weight of character should be employed on such agency, and that to + secure the services of such an individual a compensation should be made + corresponding with the magnitude and importance of the mission. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 31, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with your resolution of the 12th of February, 1841, + requesting me to communicate to the House of Representatives the + documents and other information in the possession of the Executive + regarding claims of citizens of the United States on the Government + of Hayti, I now transmit a letter from the Secretary of State and the + accompanying documents. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>January 9, 1843</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have received a resolution of the Senate of the 27th of December, in + the following terms: +</p> +<p class="q"> + <i>Resolved</i>, That the President be requested to inform the Senate, if + compatible with the public interest, whether the quintuple treaty + for the suppression of the slave trade has been communicated to the + Government of the United States in any form whatever, and, if so, by + whom, for what purpose, and what answer may have been returned to such + communication. Also to communicate to the Senate all the information + which may have been received by the Government of the United States + going to show that the "<i>course which this Government might take in + relation to said treaty has excited no small degree of attention and + discussion in Europe</i>." Also to inform the Senate how far the "<i>warm + animadversions</i>" and the "<i>great political excitement"</i> which this + treaty has caused in Europe have any application or reference to the + United States. Also to inform the Senate what danger there was that + "<i>the laws and the obligations</i>" of the United States in relation to + the suppression of the slave trade would be "<i>executed by others</i>," if + we did not "<i>remove the pretext and motive for violating our flag and + executing our laws</i>" by entering into the stipulations for the African + squadron and the remonstrating embassies which are contained in the + eighth and ninth articles of the late British treaty. Also that the + President be requested to communicate to the Senate all the + correspondence with our ministers abroad relating to the foregoing + points of inquiry. Also that the President be requested to communicate + to the Senate all such information upon the negotiation of the African + squadron articles as will show the origin of such articles and the + history and progress of their formation. +</p> +<p> + I informed the Senate, in the message transmitting the treaty with + England of the 9th of August last, that no application or request had + been made to this Government to become a party to the quintuple treaty. + Agents of the Government abroad, regarding the signature of that treaty + as a political occurrence of some importance, obtained, unofficially, + copies of it, and transmitted those copies to the Department of State, + as other intelligence is communicated for the information of the + Government. The treaty has not been communicated to the Government of + the United States from any other quarter, in any other manner, or for + any other purpose. +</p> +<p> + The next request expressed in the resolution is in these words: +</p> +<p class="q"> + Also to communicate to the Senate all the information which may have + been received by the Government of the United States going to show that + the "course which this Government might take in relation to said treaty + has excited no small degree of attention and discussion in Europe." Also + to inform the Senate how far the "warm animadversions" and the "great + political excitement" which this treaty has caused in Europe have any + application or reference to the United States. +</p> +<p> + The words quoted in this part of the resolution appear to be taken from + my message above mentioned. In that communication I said: +</p> +<p class="q"> + No application or request has been made to this Government to become + a party to this treaty, but the course it might take in regard to it + has excited no small degree of attention and discussion in Europe, as + the principle upon which it is founded and the stipulations which it + contains have caused warm animadversions and great political + excitement. +</p> +<p class="q"> + In my message at the commencement of the present session of Congress + I endeavored to state the principles which this Government supports + respecting the right of search and the immunity of flags. Desirous of + maintaining those principles fully, at the same time that existing + obligations should be fulfilled, I have thought it most consistent + with the honor and dignity of the country that it should execute its + own laws and perform its own obligations by its own means and its own + power. The examination or visitation of the merchant vessels of one + nation by the cruisers of another for any purposes except those known + and acknowledged by the law of nations, under whatever restraints or + regulations it may take place, may lead to dangerous results. It is + far better by other means to supersede any supposed necessity or any + motive for such examination or visit. Interference with a merchant + vessel by an armed cruiser is always a delicate proceeding, apt to + touch the point of national honor as well as to affect the interests + of individuals. It has been thought, therefore, expedient, not only in + accordance with the stipulations of the treaty of Ghent, but at the + same time as removing all pretext on the part of others for violating + the immunities of the American flag upon the seas as they exist and + are defined by the law of nations, to enter into the articles now + submitted to the Senate. +</p> +<p class="q"> + The treaty which I now submit to you proposes no alteration, mitigation, + or modification of the rules of the law of nations. It provides simply + that each of the two Governments shall maintain on the coast of Africa a + sufficient squadron to enforce, separately and respectively, the laws, + rights, and obligations of the two countries for the suppression of the + slave trade. +</p> +<p> + These opinions were expressed by me officially upon the occasion of + making to the Senate a communication of very great importance. It is not + perceived how the accuracy of this general statement can be doubted by + those who are acquainted with the debates of public bodies in Europe, + the productions of the press, and the other modes by which public + opinion is manifested in an enlightened age. It is not to be supposed + that excited attention to public and national transactions or general + political discussions in Europe on subjects open to all the world are + known only in consequence of private information communicated to the + Government, and feeling a strong persuasion that it would be improper in + the Executive to go into any discussion or argument upon such a subject + with the Senate, I have no further remarks to make upon this part of the + inquiry. +</p> +<p> + The third inquiry is: +</p> +<p class="q"> + What danger there was that "the laws and the obligations" of the United + States in relation to the suppression of the slave trade would be + "executed by others" if we do not "remove the pretext and motive for + violating our flag and executing our laws." +</p> +<p> + I have already quoted from the message the entire paragraph to a part of + which this portion of the inquiry is supposed to refer. +</p> +<p> + As to the danger there was that the laws and the obligations of the + United States in relation to the suppression of the slave trade would + be executed by others if we did not remove the pretext and motive for + violating our flag and provide for executing our laws, I might say that + this depends upon notorious facts and occurrences, of which the evidence + has been in various forms before the country and all the branches of the + Government. +</p> +<p> + When I came to occupy the Executive chair I could not be ignorant + of the numerous complaints which had been made on account of alleged + interruptions of American vessels engaged in lawful commerce on the + coast of Africa by British cruisers on the ground of their being engaged + in the slave trade. I could not be ignorant, at the same time, of the + well-grounded suspicions which pervaded the country that some American + vessels were engaged in that odious and unlawful traffic. There were two + dangers, then, to be guarded against—the one, that this traffic would + continue to be carried on in American ships, and perhaps much increased, + unless some new and vigorous effort should be made for its suppression; + the other, that acquiescence in the capture of American vessels, + notorious slave dealers, by British cruisers might give countenance to + seizures and detentions of vessels lawfully employed on light or + groundless suspicions. And cases had arisen under the administration of + those who preceded me well calculated to show the extent and magnitude + of this latter danger; and believing that very serious consequences + might in time grow out of the obvious tendency and progress of things, + I felt it to be my duty to arrest that progress, to rescue the immunity + of the American flag from the danger which hung over it, and to do this + by recommending such a provision for the execution of our own laws as + should remove all pretense for the interference of others. +</p> +<p> + Among the occurrences to which I have alluded, it may be useful to + particularize one case. +</p> +<p> + The schooner <i>Catharine</i>, an American vessel owned by citizens of the + United States, was seized on the coast of Africa by the British cruiser + called the <i>Dolphin</i> and brought into the port of New York in the summer + of 1839. Upon being brought into port, Benjamin F. Butler, esq., + district attorney of the United States for the southern district of + New York, appeared in the district court of the United States for that + district and in the name and behalf of the United States libeled the + schooner, her apparel and furniture, for a violation of the several acts + of Congress passed for the suppression of the slave trade. The schooner + being arrested by the usual process in such cases and possession taken + of her from the hands of the British captors by officers of the United + States, the cause proceeded, and by a decree of the circuit court in + December, 1840, a forfeiture was pronounced. From this decree an appeal + was taken, which is now pending in the Supreme Court of the United + States. +</p> +<p> + It is true that in another case, that of the <i>Tigris</i>, of like general + character, soon after arising, the then Secretary of State, on the 1st + of March, 1841, informed Mr. Fox, the British minister, that "however + strong and unchangeable may be the determination of this Government to + punish any citizens of the United States who violate the laws against + the African slave trade, it will not permit the exercise of any + authority by foreign armed vessels in the execution of those laws." +</p> +<p> + But it is evident that this general declaration did not relieve the + subject from its difficulties. Vessels of the United States found + engaged in the African slave trade are guilty of piracy under the acts + of Congress. It is difficult to say that such vessels can claim any + interference of the Government in their behalf, into whosesoever hands + they may happen to fall, any more than vessels which should turn general + pirates. Notorious African slave traders can not claim the protection of + the American character, inasmuch as they are acting in direct violation + of the laws of their country and stand denounced by those laws as + pirates. In case of the seizure of such a vessel by a foreign cruiser, + and of her being brought into a port of the United States, what is to + be done with her? Shall she be libeled, prosecuted, and condemned as if + arrested by a cruiser of the United States? If this is to be done, it + is clear that the agency of a foreign power has been instrumental in + executing the laws of the United States. Or, on the other hand, is the + vessel, with all her offenses flagrant upon her, to be released on + account of the agency by which she was seized, discharged of all + penalties, and left at liberty to renew her illegal and nefarious + traffic? +</p> +<p> + It appeared to me that the best, if not the only, mode of avoiding these + and other difficulties was by adopting such a provision as is contained + in the late treaty with England. +</p> +<p> + The Senate asks me for the reasons for entering into the stipulations + for the "remonstrating embassies" contained in the late treaty. Surely + there is no stipulation in the treaty for any "remonstrating embassies," + or any other embassies, nor any reference or allusion to any such thing. + In this respect all that the treaty provides is in the ninth article and + is in these words: +</p> +<p class="q"> + The parties to this treaty agree that they will unite in all becoming + representations and remonstrances with any and all powers within whose + dominions such markets [for African slaves] are allowed to exist, and + that they will urge upon all such powers the propriety and duty of + closing such markets effectually, at once and forever. +</p> +<p> + It always gives me sincere pleasure to communicate to both Houses of + Congress anything in my power which may aid them in the discharge of + their high duties and which the public interest does not require to + be withheld. In transmitting the late treaty to the Senate everything + was caused to accompany it which it was supposed could enlighten the + judgment of the Senate upon its various provisions. The views of the + Executive, in agreeing to the eighth and ninth articles, were fully + expressed, and pending the discussion in the Senate every call for + further information was promptly complied with, and nothing kept back + which the Senate desired. Upon this information and upon its own + knowledge of the subject the Senate made up and pronounced its judgment + upon its own high responsibility, and as the result of that judgment the + treaty was ratified, as the Journal shows, by a vote of 39 to 9. The + treaty has thus become the law of the land by the express advice of the + Senate, given in the most solemn manner known to its proceedings. The + fourth request is— +</p> +<p class="q"> + That the President be requested to communicate to the Senate all the + correspondence with our ministers abroad relating to the foregoing + points of inquiry. +</p> +<p> + If this branch of the resolution were more definite, some parts of + it might perhaps be met without prejudice to the public interest + by extracts from the correspondence referred to. At a future day a + communication may be expected to be made as broad and general as a + proper regard to these interests will admit, but at present I deem any + such communication not to be consistent with the public interest. +</p> +<p> + The fifth and last is— +</p> +<p class="q"> + That the President be requested to communicate to the Senate all such + information upon the negotiation of the African squadron articles as + will show the origin of such articles and the history and progress of + their formation. +</p> +<p> + These articles were proposed to the British minister by the Secretary + of State under my express sanction and were acceded to by him and have + since been ratified by both Governments. I might without disrespect + speak of the novelty of inquiring by the Senate into the history and + progress of articles of a treaty through a negotiation which has + terminated, and as the result of which these articles have become the + law of the land by the constitutional advice of the Senate itself. But + I repeat that those articles had their origin in a desire on the part of + the Government of the United States to fulfill its obligations, entered + into by the treaty of Ghent, to do its utmost for the suppression of + the African slave trade, and to accomplish this object by such means as + should not lead to the interruption of the lawful commerce of the United + States or any derogation from the dignity and immunity of their flag. + And I have the satisfaction to believe that both the Executive, in + negotiating the treaty of which these articles form part, and the + Senate, in advising to its ratification, have effected an object + important to the Government and satisfactory to the people. +</p> +<p> + In conclusion I hope I may be permitted to observe that I have, out of a + profound respect for the Senate, been induced to make this communication + in answer to inquiries some of which at least are believed to be without + precedent in the history of the relations between that body and the + executive department. These inquiries were particularly unexpected to + me at the present moment. As I had been so fortunate as to find my own + views of the expediency of ratifying the late treaty with England + confirmed by a vote of somewhat more than four-fifths of the Senators + present, I have hitherto flattered myself that the motives which + influenced my conduct had been fully appreciated by those who advised + and approved it, and that if a necessity should ever arise for any + special explanation or defense in regard to those motives it could + scarcely be in that assembly itself. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>January 18, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 27th ultimo, I now transmit the letter and pamphlet<a href="#note-84"><small>84</small></a> which accompanies + this. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 23, 1843</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate, in answer to their resolution of the + 19th instant, reports<a href="#note-85"><small>85</small></a> from the State and War Departments. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 23, 1843</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate herewith, in answer to their resolution of the + 5th instant, a report<a href="#note-86"><small>86</small></a> from the Secretary of State, with accompanying + documents. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 31, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of the + 24th instant, requesting me to communicate answers to certain queries + therein contained respecting instructions given to the commissioners + appointed to adjudicate claims arising under the Cherokee treaty of + 1835, I transmit herewith a report from the War Department, accompanied + by a copy of the instructions referred to. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>January 31, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + At the last session of Congress a resolution was passed by the House of + Representatives requesting me to cause to be communicated to the House + "the several reports made to the Department of War by Lieutenant-Colonel + Hitchcock relative to the affairs of the Cherokee Indians, together with + all information communicated by him concerning the frauds he was charged + to investigate; also all facts in the possession of the Executive + relating to the subject." +</p> +<p> + A resolution of the same import had been passed by the House of + Representatives on the 18th of May last, requiring the Secretary of + War to communicate to the House the same reports and matters. After + consultation with me and under my directions, the Secretary of War + informed the House that the reports referred to relative to the affairs + of the Cherokees contained information and suggestions in reference + to the matters which it was supposed would become the subject of a + negotiation between that Department and the delegates of the Cherokee + Nation. It was stated by him that the nature and subject of the report, + in the opinion of the President and the Department, rendered its + publication at that time inconsistent with the public interest. The + negotiation referred to subsequently took place, and embraced the + matters upon which Lieutenant-Colonel Hitchcock had communicated his + views. That negotiation terminated without the conclusion of any + arrangement. It may, and in all probability will, be renewed. All the + information communicated by Lieutenant-Colonel Hitchcock respecting the + Cherokees—their condition as a nation and their relations to other + tribes—is herewith transmitted. But his suggestions and projects + respecting the anticipated propositions of the delegates and his views + of their personal characters can not in any event aid the legislation of + Congress, and in my opinion the promulgation of them would be unfair and + unjust to him and inconsistent with the public interest, and they are + therefore not transmitted. +</p> +<p> + The Secretary of War further stated in his answer to the resolution that + the other report referred to in it, relating to the alleged frauds which + Lieutenant-Colonel Hitchcock was charged to investigate, contained such + information as he (Colonel Hitchcock) was enabled to obtain by <i>ex + parte</i> inquiries of various persons whose statements were necessarily + without the sanction of an oath, and which the persons implicated had + had no opportunity to contradict or explain. He expressed the opinion + that to promulgate those statements at that time would be grossly unjust + to those persons and would be calculated to defeat rather than promote + the objects of the inquiry, and he remarked that sufficient opportunity + had not been given to the Department to pursue the investigation or to + call upon the parties affected for explanations or to determine on the + measures proper to be adopted. And he hoped these reasons would be + satisfactory for not transmitting to the House at that time the reports + referred to in its resolution. +</p> +<p> + It would appear from the report of the Committee on Indian Affairs, to + whom the communication of the Secretary of War was referred, and which + report has been transmitted to me, together with the resolutions of the + House adopted on the recommendation of the committee, and from those + resolutions, that the reasons given by the Secretary were not deemed + satisfactory and that the House of Representatives claims the right to + demand from the Executive and heads of Departments such information as + maybe in their possession relating to "subjects of the deliberations + of the House and within the sphere of its legitimate powers," and that + in the opinion of the House the reports and facts called for by its + resolution of the 18th of May related to subjects of its deliberations + and were within the sphere of its legitimate powers, and should have + been communicated. +</p> +<p> + If by the assertion of this claim of right to call upon the Executive + for all the information in its possession relating to any subject of the + deliberation of the House, and within the sphere of its legitimate + powers, it is intended to assert also that the Executive is bound to + comply with such call without the authority to exercise any discretion + on its part in reference to the nature of the information required or to + the interests of the country or of individuals to be affected by such + compliance, then do I feel bound, in the discharge of the high duty + imposed upon me "to preserve, protect, and defend the Constitution of + the United States," to declare in the most respectful manner my entire + dissent from such a proposition. The instrument from which the several + departments of the Government derive their authority makes each + independent of the other in the discharge of their respective functions. + The injunction of the Constitution that the President "shall take care + that the laws be faithfully executed" necessarily confers an authority + commensurate with the obligation imposed to inquire into the manner in + which all public agents perform the duties assigned to them by law. To + be effective these inquiries must often be confidential. They may result + in the collection of truth or of falsehood, or they may be incomplete + and may require further prosecution. To maintain that the President + can exercise no discretion as to the time in which the matters thus + collected shall be promulgated or in respect to the character of + the information obtained would deprive him at once of the means of + performing one of the most salutary duties of his office. An inquiry + might be arrested at its first stage and the officers whose conduct + demanded investigation may be enabled to elude or defeat it. To require + from the Executive the transfer of this discretion to a coordinate + branch of the Government is equivalent to the denial of its possession + by him and would render him dependent upon that branch in the + performance of a duty purely executive. +</p> +<p> + Nor can it be a sound position that all papers, documents, and + information of every description which may happen by any means to come + into the possession of the President or of the heads of Departments must + necessarily be subject to the call of the House of Representatives + <i>merely</i> because they relate to a subject of the deliberations of the + House, although that subject may be within the sphere of its legitimate + powers. It can not be that the only test is whether the information + relates to a legitimate subject of deliberation. The Executive + Departments and the citizens of this country have their rights and + duties as well as the House of Representatives, and the maxim that the + rights of one person or body are to be so exercised as not to impair + those of others is applicable in its fullest extent to this question. + Impertinence or malignity may seek to make the Executive Departments the + means of incalculable and irremediable injury to innocent parties by + throwing into them libels most foul and atrocious. Shall there be no + discretionary authority permitted to refuse to become the instruments + of such malevolence? +</p> +<p> + And although information comes through a proper channel to an executive + officer it may often be of a character to forbid its being made public. + The officer charged with a confidential inquiry, and who reports its + result under the pledge of confidence which his appointment implies, + ought not to be exposed individually to the resentment of those whose + conduct may be impugned by the information he collects. The knowledge + that such is to be the consequence will inevitably prevent the + performance of duties of that character, and thus the Government will + be deprived of an important means of investigating the conduct of its + agents. +</p> +<p> + It is certainly no new doctrine in the halls of judicature or of + legislation that certain communications and papers are privileged, and + that the general authority to compel testimony must give way in certain + cases to the paramount rights of individuals or of the Government. Thus + no man can be compelled to accuse himself, to answer any question that + tends to render him infamous, or to produce his own private papers + on any occasion. The communications of a client to his counsel and + the admissions made at the confessional in the course of religious + discipline are privileged communications. In the courts of that country + from which we derive our great principles of individual liberty and the + rules of evidence it is well settled—and the doctrine has been fully + recognized in this country—that a minister of the Crown or the head of + a department can not be compelled to produce any papers or disclose any + transactions relating to the executive functions of the Government which + he declares are confidential or such as the public interest requires + should not be divulged; and the persons who have been the channels of + communication to officers of the State are in like manner protected + from the disclosure of their names. Other instances of privileged + communications might be enumerated if it were deemed necessary. These + principles are as applicable to evidence sought by a legislature as + to that required by a court. +</p> +<p> + The practice of the Government since its foundation has sanctioned the + principle that there must necessarily be a discretionary authority in + reference to the nature of the information called for by either House + of Congress. +</p> +<p> + The authority was claimed and exercised by General Washington in 1796. + In 1825 President Monroe declined compliance with a resolution of the + House of Representatives calling for the correspondence between the + Executive Departments of this Government and the officers of the United + States Navy and others at or near the ports of South America on the + Pacific Ocean. In a communication made by the Secretary of War in 1832 + to the Committee of the House on the Public Lands, by direction of + President Jackson, he denies the obligation of the Executive to furnish + the information called for and maintains the authority of the President + to exercise a sound discretion in complying with calls of that + description by the House of Representatives or its committees. Without + multiplying other instances, it is not deemed improper to refer to the + refusal of the President at the last session of the present Congress to + comply with a resolution of the House of Representatives calling for + the names of the members of Congress who had applied for offices. As no + further notice was taken in any form of this refusal, it would seem to + be a fair inference that the House itself admitted that there were cases + in which the President had a discretionary authority in respect to the + transmission of information in the possession of any of the Executive + Departments. +</p> +<p> + Apprehensive that silence under the claim supposed to be set up in the + resolutions of the House of Representatives under consideration might be + construed as an acquiescence in its soundness, I have deemed it due to + the great importance of the subject to state my views, that a compliance + in part with the resolution may not be deemed a surrender of a necessary + authority of the Executive. +</p> +<p> + Many of the reasons which existed at the date of the report of the + Secretary of War of June 1, 1842, for then declining to transmit the + report of Lieutenant-Colonel Hitchcock concerning the frauds which he + was charged to investigate have ceased to operate. It has been found + wholly impracticable to pursue the investigation in consequence of the + death and removal out of the country of those who would be called upon + to testify, and in consequence of the want of adequate authority or + means to render it effectual. It could not be conducted without expense. + Congress at its last session prohibited the payment of any account + or charge whatever growing out of or in any way connected with any + commission or inquiry, except military and naval courts-martial and + courts of inquiry, unless special appropriations should be made for the + payment of such accounts and charges. Of the policy of that provision of + law it does not become me to speak, except to say that the institution + of inquiries into the conduct of public agents, however urgent the + necessity for such inquiry may be, is thereby virtually denied to the + Executive, and that if evils of magnitude shall arise in consequence + of the law I take to myself no portion of the responsibility. +</p> +<p> + In relation to the propriety of directing prosecutions against the + contractors to furnish Indians rations who are charged with improper + conduct, a correspondence has been had between the War Department and + the Solicitor of the Treasury, which is herewith transmitted in a + conviction that such prosecution would be entirely ineffectual. +</p> +<p> + Under these circumstances I have thought proper to direct that + the report of Lieutenant-Colonel Hitchcock concerning the frauds + which he was charged to investigate be transmitted to the House of + Representatives, and it accordingly accompanies this message. At + the same time, I have to request the House to consider it so far + confidential as not to direct its publication until the appropriate + committee shall have examined it and expressed their opinion whether + a just regard to the character and rights of persons apparently + implicated, but who have not had an opportunity to meet the imputations + on them, does not require that portions at least of the report should + not at present be printed. +</p> +<p> + This course is adopted by me from a desire to render justice to all and + at the same time avoid even the appearance of a desire to screen any, + and also to prevent the exaggerated estimate of the importance of the + information which is likely to be made from the mere fact of its being + withheld. +</p> +<p> + The resolution of the House also calls for "all facts in the possession + of the Executive, from any source, relating to the subject." There are + two subjects specified in the resolution—one "relative to the affairs + of the Cherokee Indians," and another "concerning the frauds he + [Lieutenant-Colonel Hitchcock] was charged to investigate." +</p> +<p> + All the papers in the War Department or its bureaus relating to the + affairs of the Cherokee Indians, it is believed, have been from time + to time communicated to Congress and are contained in the printed + documents, or are now transmitted, with the exception of those portions + of Lieutenant-Colonel Hitchcock's report hereinbefore mentioned, and + excepting the correspondence with the Cherokee delegates in the + negotiations which took place during the last summer, which are not + supposed to be within the intent of the resolution of the House. For + the same reason a memorial from the Old Settlers, or Western Cherokees, + as they term themselves, recently presented, is not transmitted. If + these or any other public documents should be desired by the House, + a specification of them will enable me to cause them to be furnished + if it should be found proper. +</p> +<p> + All the papers in the War Office or its bureaus known or supposed to + have any relation to the alleged frauds which Lieutenant-Colonel + Hitchcock was charged to investigate are herewith transmitted. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 8, 1843</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 28th ultimo, a report<a href="#note-87"><small>87</small></a> from the Secretary of State. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 9, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In order to enable Congress to approve or disapprove the selection of a + site for a Western armory made by the board of commissioners appointed + by me for that purpose pursuant to the act of September 9, 1841, I + transmit herewith their report and proceedings, as required by that act. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 13, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith transmit to the House of Representatives a report made to me + on the 9th instant by the Secretary of the Treasury, on the subject of + the present and prospective condition of the finances. +</p> +<p> + You will perceive from it that even if the receipts from the various + sources of revenue for the current year shall prove not to have been + overrated and the expenditures be restrained within the estimates, the + Treasury will be exhausted before the close of the year, and that this + will be the case although authority should be given to the proper + Department to reissue Treasury notes. But the state of facts existing at + the present moment can not fail to awaken a doubt whether the amount of + the revenue for the respective quarters of the year will come up to the + estimates, nor is it entirely certain that the expenditures which will + be authorized by Congress may not exceed the aggregate sum which has + hitherto been assumed as the basis of the Treasury calculations. +</p> +<p> + Of all the duties of the Government, none is more sacred and imperative + than that of making adequate and ample provision for fulfilling with + punctuality its pecuniary engagements and maintaining the public credit + inviolate. Any failure in this respect not produced by unforeseen causes + could only be regarded by our common constituents as a serious neglect + of the public interests. I feel it, therefore, to be an indispensable + obligation, while so much of the session yet remains unexpired as to + enable Congress to give to the subject the consideration which its + great importance demands, most earnestly to call its attention to + the propriety of making further provision for the public service of + the year. +</p> +<p> + The proper objects of taxation are peculiarly within the discretion of + the Legislature, while it is the duty of the Executive to keep Congress + duly advised of the state of the Treasury and to admonish it of any + danger which there may be ground to apprehend of a failure in the means + of meeting the expenditures authorized by law. +</p> +<p> + I ought not, therefore, to dissemble my fears that there will be a + serious falling off in the estimated proceeds both of the customs and + the public lands. I regard the evil of disappointment in these respects + as altogether too great to be risked if by any possibility it may be + entirely obviated. +</p> +<p> + While I am far from objecting, under present circumstances, to the + recommendation of the Secretary that authority be granted him to reissue + Treasury notes as they shall be redeemed, and to other suggestions which + he has made on this subject, yet it appears to me to be worthy of grave + consideration whether more permanent and certain supplies ought not to + be provided. The issue of one note in redemption of another is not the + payment of a debt, which must be made in the end by some form of public + taxation. +</p> +<p> + I can not forbear to add that in a country so full of resources, + of such abundant means if they be but judiciously called out, the + revenues of the Government, its credit, and its ability to fulfill all + its obligations ought not to be made dependent on temporary expedients + or on calculations of an uncertain character. The public faith in this + or in all things else ought to be placed beyond question and beyond + contingency. +</p> +<p> + The necessity of further and full provision for supplying the wants of + the Treasury will be the more urgent if Congress at this present session + should adopt no plan for facilitating the financial operations of the + Government and improving the currency of the country. By the aid of a + wise and efficient measure of that kind not only would the internal + business and prosperity of the country be revived and invigorated, but + important additions to the amount of revenue arising from importations + might also be confidently expected. Not only does the present condition + of things in relation to the currency and commercial exchanges produce + severe and distressing embarrassments in the business and pursuits of + individuals, but its obvious tendency is to create also a necessity + for the imposition of new burdens of taxation in order to secure the + Government and the country against discredit from the failure of means + to fulfill the public engagements. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 18, 1843</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + A resolution has been communicated to me, which was adopted by the House + of Representatives on the 2d instant, in the following terms: +</p> +<p class="q"> + <i>Resolved</i>, That the President of the United States be requested to + inform this House by what authority and under whose instructions + Captain Thomas ap Catesby Jones, commander of the squadron of the United + States in the Pacific Ocean, did, on or about the 19th of October last, + invade in warlike array the territories of the Mexican Republic, take + possession of the town of Monterey, and declare himself the commander of + the naval and military expedition for the occupation of the Californias. +</p> +<p class="q"> + <i>Resolved</i>, That the President of the United States be requested to + communicate to this House copies of all the instructions given by him + or under his authority to the said Captain Jones from the time of his + appointment to the command of the said squadron; also copies of all + communications received from him relating to his expedition for the + occupation of the Californias; and also to inform this House whether + orders have been dispatched to the said Captain Jones recalling him + from his command. +</p> +<p> + The proceeding of Captain Jones in taking possession of the town + of Monterey, in the possessions of Mexico, was entirely of his own + authority, and not in consequence of any orders or instructions of + any kind given to him by the Government of the United States. For that + proceeding he has been recalled, and the letter recalling him will be + found among the papers herewith communicated. +</p> +<p> + The resolution of the House of Representatives asks for "copies of all + the instructions given to Captain Jones from the time of his appointment + to the command of the said squadron, also copies of all communications + received from him relating to his expedition for the occupation of the + Californias," without confining the request to such instructions and + correspondence as relate to the transactions at Monterey, and without + the usual reservation of such portions of the instructions or + correspondence as in the President's judgment could not be made public + without prejudice or danger to the public interests. +</p> +<p> + It may well be supposed that cases may arise even in time of peace in + which it would be highly injurious to the country to make public at a + particular moment the instructions under which a commander may be acting + on a distant and foreign service. In such a case, should it arise, + and in all similar cases the discretion of the Executive can not + be controlled by the request of either House of Congress for the + communication of papers. The duties which the Constitution and the laws + devolve on the President must be performed by him under his official + responsibility, and he is not at liberty to disregard high interests or + thwart important public objects by untimely publications made against + his own judgment, by whomsoever such publications may be requested. + In the present case, not seeing that any injury is likely to arise + from so doing, I have directed copies of all the papers asked for to be + communicated; and I avail of the opportunity of transmitting also copies + of sundry letters, as noted below. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 20, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives a report from the Secretary + of State, accompanied by a copy of the correspondence<a href="#note-88"><small>88</small></a> requested by + their resolution of the 29th of December last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1843</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a report<a href="#note-89"><small>89</small></a> from the Secretary of State, in + answer to their resolution of the 14th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 24, 1843</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolutions of the 20th of + December and of the 9th instant, the inclosed copies of papers<a href="#note-90"><small>90</small></a> from + the Department of State, with an accompanying list. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 27, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of + the 22d instant, requesting me to communicate to the House "whatever + correspondence or communication may have been received from the British + Government respecting the President's construction of the late British + treaty concluded at Washington as it concerns an alleged right to visit + American vessels," I herewith transmit a report made to me by the + Secretary of State. +</p> +<p> + I have also thought proper to communicate copies of Lord Aberdeen's + letter of the 20th December, 1841, to Mr. Everett, Mr. Everett's letter + of the 23d December in reply thereto, and extracts from several letters + of Mr. Everett to the Secretary of State. +</p> +<p> + I can not forego the expression of my regret at the apparent purport of + a part of Lord Aberdeen's dispatch to Mr. Fox. I had cherished the hope + that all possibility of misunderstanding as to the true construction of + the eighth article of the treaty lately concluded between Great Britain + and the United States was precluded by the plain and well-weighed + language in which it is expressed. The desire of both Governments is to + put an end as speedily as possible to the slave trade, and that desire, + I need scarcely add, is as strongly and as sincerely felt by the United + States as it can be by Great Britain. Yet it must not be forgotten + that the trade, though now universally reprobated, was up to a late + period prosecuted by all who chose to engage in it, and there were + unfortunately but very few Christian powers whose subjects were not + permitted, and even encouraged, to share in the profits of what was + regarded as a perfectly legitimate commerce. It originated at a period + long before the United States had become independent and was carried on + within our borders in opposition to the most earnest remonstrances and + expostulations of some of the colonies in which it was most actively + prosecuted. Those engaged in it were as little liable to inquiry or + interruption as any others. Its character, thus fixed by common consent + and general practice, could only be changed by the positive assent of + each and every nation, expressed either in the form of municipal law + or conventional arrangement. The United States led the way in efforts + to suppress it. They claimed no right to dictate to others, but they + resolved, without waiting for the cooperation of other powers, to + prohibit it to their own citizens and to visit its perpetration by them + with condign punishment. I may safely affirm that it never occurred + to this Government that any new maritime right accrued to it from the + position it had thus assumed in regard to the slave trade. If before our + laws for its suppression the flag of every nation might traverse the + ocean unquestioned by our cruisers, this freedom was not, in our + opinion, in the least abridged by our municipal legislation. +</p> +<p> + Any other doctrine, it is plain, would subject to an arbitrary and + ever-varying system of maritime police, adopted at will by the great + naval power for the time being, the trade of the world in any places + or in any articles which such power might see fit to prohibit to its + own subjects or citizens. A principle of this kind could scarcely be + acknowledged without subjecting commerce to the risk of constant and + harassing vexations. +</p> +<p> + The attempt to justify such a pretension from the right to visit and + detain ships upon reasonable suspicion of piracy would deservedly be + exposed to universal condemnation, since it would be an attempt to + convert an established rule of maritime law, incorporated as a principle + into the international code by the consent of all nations, into a rule + and principle adopted by a single nation and enforced only by its + assumed authority. To seize and detain a ship upon suspicion of piracy, + with probable cause and in good faith, affords no just ground either for + complaint on the part of the nation whose flag she bears or claim of + indemnity on the part of the owner. The universal law sanctions and the + common good requires the existence of such a rule. The right under such + circumstances not only to visit and detain but to search a ship is a + perfect right and involves neither responsibility nor indemnity. But, + with this single exception, no nation has in time of peace any authority + to detain the ships of another upon the high seas on any pretext + whatever beyond the limits of her territorial jurisdiction. And such, + I am happy to find, is substantially the doctrine of Great Britain + herself in her most recent official declarations, and even in those now + communicated to the House. These declarations may well lead us to doubt + whether the apparent difference between the two Governments is not + rather one of definition than of principle. Not only is the right of + <i>search</i>, properly so called, disclaimed by Great Britain, but even that + of mere visit and inquiry is asserted with qualifications inconsistent + with the idea of a perfect right. +</p> +<p> + In the dispatch of Lord Aberdeen to Mr. Everett of the 20th of December, + 1841, as also in that just received by the British minister in this + country made to Mr. Fox, his lordship declares that if in spite of + all the precaution which shall be used to prevent such occurrences an + American ship, by reason of any visit or detention by a British cruiser, + "should suffer loss and injury, it would be followed by prompt and ample + remuneration;" and in order to make more manifest her intentions in this + respect, Lord Aberdeen in the dispatch of the 20th December makes known + to Mr. Everett the nature of the instructions given to the British + cruisers. These are such as, if faithfully observed, would enable the + British Government to approximate the standard of a fair indemnity. + That Government has in several cases fulfilled her promises in this + particular by making adequate reparation for damage done to our + commerce. It seems obvious to remark that a right which is only to be + exercised under such restrictions and precautions and risk, in case of + any assignable damage to be followed by the consequences of a trespass, + can scarcely be considered anything more than a privilege asked for and + either conceded or withheld on the usual principles of international + comity. +</p> +<p> + The principles laid down in Lord Aberdeen's dispatches and the + assurances of indemnity therein held out, although the utmost reliance + was placed on the good faith of the British Government, were not + regarded by the Executive as a sufficient security against the abuses + which Lord Aberdeen admitted might arise in even the most cautious and + moderate exercise of their new maritime police, and therefore in my + message at the opening of the last session I set forth the views + entertained by the Executive on this subject, and substantially affirmed + both our inclination and ability to enforce our own laws, protect our + flag from abuse, and acquit ourselves of all our duties and obligations + on the high seas. In view of these assertions the treaty of Washington + was negotiated, and upon consultation with the British negotiator as to + the quantum of force necessary to be employed in order to attain these + objects, the result to which the most deliberate estimate led was + embodied in the eighth article of the treaty. +</p> +<p> + Such were my views at the time of negotiating that treaty, and such, in + my opinion, is its plain and fair interpretation. I regarded the eighth + article as removing all possible pretext on the ground of mere necessity + to visit and detain our ships upon the African coast because of any + alleged abuse of our flag by slave traders of other nations. We had + taken upon ourselves the burden of preventing any such abuse by + stipulating to furnish an armed force regarded by both the high + contracting parties as sufficient to accomplish that object. +</p> +<p> + Denying as we did and do all color of right to exercise any such general + police over the flags of independent nations, we did not demand of Great + Britain any formal renunciation of her pretension; still less had we the + idea of yielding anything ourselves in that respect. We chose to make + a practical settlement of the question. This we owed to what we had + already done upon this subject. The honor of the country called for it; + the honor of its flag demanded that it should not be used by others to + cover an iniquitous traffic. This Government, I am very sure, has both + the inclination and the ability to do this; and if need be it will not + content itself with a fleet of eighty guns, but sooner than any foreign + government shall exercise the province of executing its laws and + fulfilling its obligations, the highest of which is to protect its flag + alike from abuse or insult, it would, I doubt not, put in requisition + for that purpose its whole naval power. The purpose of this Government + is faithfully to fulfill the treaty on its part, and it will not permit + itself to doubt that Great Britain will comply with it on hers. In this + way peace will best be preserved and the most amicable relations + maintained between the two countries. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 27, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to Congress sundry letters which have passed between the + Department of State and the Chevalier d'Argaïz, envoy extraordinary and + minister plenipotentiary of Spain near the Government of the United + States, on the subject of the schooner <i>Amistad</i> since the last + communication of papers connected with that case. This correspondence + will show the general grounds on which the Spanish minister expresses + dissatisfaction with the decision of the Supreme Court in that case and + the answers which have been made to his complaints by the Department of + State. +</p> +<p> + In laying these papers before Congress I think it proper to observe that + the allowance of salvage on the cargo does not appear to have been a + subject of discussion in the Supreme Court. Salvage had been denied in + the court below and from that part of the decree no appeal had been + claimed. +</p> +<p> + The ninth article of the treaty between the United States and Spain + provides that "all ships and merchandise of what nature soever which + shall be rescued out of the hands of any pirates or robbers on the high + seas shall be brought into some port of either State and shall be + delivered to the custody of the officers of that port in order to be + taken care of and restored entire to the true proprietor as soon as due + and sufficient proof shall be made concerning the property thereof." The + case of the <i>Amistad</i>, as was decided by the court, was not a case of + piracy, and therefore not within the terms of the treaty; yet it was a + case in which the authority of the master, officers, and crew of the + vessel had been divested by force, and in that condition the vessel, + having been found on the coast, was brought into a port of the United + States; and it may deserve consideration that the salvors in this case + were the officers and seamen of a public ship. +</p> +<p> + It is left to Congress to consider, under these circumstances, whether, + although in strictness salvage may have been lawfully due, it might not + yet be wise to make provision to refund it, as a proof of the entire + good faith of the Government and of its disposition to fulfill all its + treaty stipulations to their full extent under a fair and liberal + construction. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 28, 1843</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a convention further to provide for the payment of + awards in favor of claimants under the convention between the United + States and the Mexican Republic of the 11th of April, 1839, signed + in the City of Mexico on the 30th day of last month. A copy of the + instructions from the Department of State to the minister of the United + States at Mexico relative to the convention and of the dispatches of + that minister to the Department is also communicated. By adverting to + the signatures appended to the original draft of the convention as + transmitted from the Department of State to General Thompson it will be + seen that the convention as concluded was substantially approved by the + representatives of a large majority in value of the parties immediately + interested. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 28, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I communicate to the House of Representatives a report from the + Secretary of State, which, with the documents<a href="#note-91"><small>91</small></a> accompanying it, + furnishes the information requested by their resolution of the 18th + instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 3, 1843</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In submitting the name of Henry A. Wise to the Senate for the mission + to France, I was led to do so by considerations of his high talent, + his exalted character, and great moral worth. The country, I feel + assured, would be represented at Paris in the person of Mr. Wise by + one wholly unsurpassed in exalted patriotism and well fitted to be the + representative of his country abroad. His rejection by the Senate has + caused me to reconsider his qualifications, and I see no cause to doubt + that he is eminently qualified for the station. I feel it, therefore, + to be my duty to renominate him. +</p> +<p> + I nominate Henry A. Wise, of Virginia, to be envoy extraordinary and + minister plenipotentiary to the Court of His Majesty the King of the + French, in place of Lewis Cass, resigned. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<p class="r"> + MARCH 3, 1843. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In submitting to you the name of Caleb Cushing as Secretary of the + Treasury, I did so in full view of his consummate abilities, his + unquestioned patriotism and full capacity to discharge with honor to + himself and advantage to the country the high and important duties + appertaining to that Department of the Government. The respect which + I have for the wisdom of the Senate has caused me again, since his + rejection, to reconsider his merits and his qualifications. That review + has satisfied me that I could not have a more able adviser in the + administration of public affairs or the country a more faithful officer. + I feel it, therefore, to be my duty to renominate him. +</p> +<p> + I nominate Caleb Gushing to be Secretary of the Treasury, in the place + of Walter Forward, resigned. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 3, 1843</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I herewith transmit to the House of Representatives copies of the final + report and appendices of the joint commission appointed to explore and + survey the boundary line between the States of Maine and New Hampshire + and the adjoining British Provinces, together with a general map showing + the results of their labors. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<center> + <i>Report of the commissioners appointed by the President of the United + States for the purpose of exploring and surveying the boundary line + between the States of Maine and New Hampshire and the British + Provinces</i>.<a href="#note-92"><small>92</small></a> +</center> +<p class="r"> + WASHINGTON, <i>January 27, 1843</i>. +</p> +<p> + Hon. DANIEL WEBSTER, +<br> + <i>Secretary of State</i>. +</p> +<p> + SIR: The operations of the divisions under the direction of the several + commissioners during the past season have been as follows, viz: +</p> +<center> + I. +</center> +<p> + The work remaining to be performed by the division under the direction + of the chairman of the board was as follows: +</p> +<p> + 1. The completion of the survey of the line of highlands around the + sources of the Rimouski, filling up the gap left in former surveys in + the line of boundary claimed by the United States. +</p> +<p> + 2. The survey of the line of highlands rising from the northern side of + the Bay of Chaleurs at its western extremity from the point visited and + measured in 1840 to its connection with the line surveyed in 1841 in the + vicinity of Lake Metis. +</p> +<p> + 3. The astronomical determination of the longitude of one or more points + in the surveyed lines, in order to the compilation of a geographical map + of undeniable accuracy. +</p> +<p> + The party, which was dispatched at the earliest possible period, having + been recalled by a special messenger as soon as the signature of the + treaty of Washington was made known to the commissioner, no more than + the first of these objects was attempted, and some of the observations + that would have been considered necessary to make this survey useful as + evidence in case of a further discussion of the subject of boundary were + not completed. The expedition has, however, obtained for its results an + accurate survey of the Green River of St. John from its mouth to the + portage between it and the South Branch of the Katawamkedgwick, a survey + of that portage, and a careful chain and compass survey of the highlands + surrounding the sources of Rimouski. The first of these is connected + with the survey of the river St. John made by Major Graham; the last + was united at its two extremities with stations of the survey of 1841. + Throughout the whole of the surveys the latitudes were carefully + determined, by the methods employed during the former years, at a + sufficient number of points. The longitudes have been estimated by the + use of chronometers, but the sudden recall of the party left the latter + part of the task incomplete. Any defect arising from the latter cause + may be considered as in a great degree compensated by the connections + referred to with the work of Major Graham and the surveys of the + previous years. +</p> +<p> + The party left Portland to take the field on the 18th June, and reached + the Grand Falls of the St. John on its return on the 25th August. +</p> +<p> + The surplus stores, with the boats and camp equipage, were stored there, + and were afterwards transferred to the parties of the two other + commissioners. +</p> +<p> + A map of the operations of this division was placed on file in the State + Department on the 27th December. +</p> +<p> + The distance surveyed along Green River from its mouth to the portage is + 57 miles, the length of the portage 5-1/2 miles, the distance measured + in exploration of the remaining portion of the boundary claimed by the + United States 61-1/2 miles, making in all 124 miles. +</p> +<center> + II. +</center> +<p> + The parties under the direction of A. Talcott entered upon their field + duties about the middle of September, and completed that branch of the + service by the 5th of November. +</p> +<p> + During that period the following rivers and streams were surveyed: +</p> +<p> + 1. The "main St. John River" from the mouth of the "Alleguash" to the + Forks. +</p> +<p> + 2. The "Southwest Branch" to its source at the Metjarmette portage. +</p> +<p> + 3. The "South Branch," or "Wool-as-ta-qua-guam," to 5 miles above Bakers + Lake and near to the exploring line of 1841 along the highlands claimed + by Great Britain. +</p> +<p> + 4. The "West Branch," or "Mat-ta-wa-quam," to its source in the highlands. +</p> +<p> + 5. The "Northwest Branch" to its source in the highlands. +</p> +<p> + 6. The "Big Black River," or "Chim-pas-a-ooc-ten," to its source. +</p> +<p> + 7. The "Little Black River," or "Pas-a-ooc-ten." +</p> +<p> + 8. The "Chim-mem-ti-cook River" as far as navigable. +</p> +<p> + The character of all these streams is the same—slack water of moderate + depth alternating with rapids. They can never be navigated by anything + larger than a bateau. +</p> +<p> + The method of survey was to trace the course of each stream by compass, + estimating distances by the eye, or by pacing when the nature of the + margin of the river would permit. +</p> +<p> + The average distance coursed per day was about 9 miles, and at the camps + formed at night astronomical observations north and south of the zenith + were made to determine their position in latitude, and observations for + the local time to ascertain their differences of longitude. +</p> +<p> + Meridian observations of the sun were also made at a point intermediate + to the camps whenever they could be obtained. +</p> +<p> + Thirty-three of these points have been used in the correction of the + paced and estimated distances. +</p> +<p> + Tables exhibiting these observations, their calculation and results, + will accompany the detailed maps. +</p> +<p> + With a view to facilitate the operations of the joint commission it was + conceived to be important that the intersection of the parallel of 46° + 25' with the Southwest Branch should be ascertained, as also the point + on the Northwest Branch (10 miles from the main St. John) where the + boundary line from the outlet of Lake Pohenagamook intersects the said + branch. +</p> +<p> + It is believed that these points are projected on the map which + accompanies this report so near to their true position that the line + indicating the boundary as drawn on the map may be considered to + substantially exhibit the division of territory as effected by the late + treaty. +</p> +<p> + The more thorough knowledge acquired through these explorations of the + character of the territory which has been relinquished by the United + States fully confirms the opinion previously entertained of its little + value, either for its timber growth or for purposes of agriculture. +</p> +<p> + Bordering on the "Big Black" and "Little Black" rivers the growth of + pine is large and apparently of good quality, and it is believed that + most of the smaller streams falling into the St. John below the "Seven + Islands" will be found fringed with pine, but it is quite certain that + very little will be found included between the lines of boundary and the + highlands as claimed by the United States to the westward of St. Francis + River. +</p> +<p> + The office work of this party is nearly completed, all the calculations + arising from the astronomical observations have been made, and the + detailed maps (five in number) drawn to the scale of 1:50,000 (or nearly + 1-1/4 inches to 1 mile), exhibiting the result of the surveys in 1840, + 1841, and 1842, are in such a state of forwardness as to insure their + completion by the middle of February. +</p> +<p> + These explorations and surveys embrace— +</p> +<p> + 1. The highlands as claimed by the United States, extending from the + northwesternmost head of the Connecticut River to the portage road which + leads from the St. Lawrence River to Lake Temiscouata. +</p> +<p> + 2. The highlands as claimed by Great Britain from the Metjarmette + portage to the source of the Aroostook River. +</p> +<p> + 3. All the principal heads or branches of the Connecticut River north of + the forty-fifth degree of latitude. +</p> +<p> + 4. The St. John and all its principal branches or tributaries west of + the Alleguash River. +</p> +<center> + III. +</center> +<p> + The division under the direction of Major Graham has been employed + during the past season in making the following surveys, viz: +</p> +<p> + 1. In prolonging the meridian of the monument at the source of the river + St. Croix. +</p> +<p> + 2. In making a survey of the Little Madawaska River, a tributary to the + Aroostook, from its mouth to its source in the Madawaska Lakes. +</p> +<p> + 3. In surveying the group of lakes lying northwest of the Madawaska + Lakes, known by the appellation of the Eagle Lakes, or sometimes by the + aboriginal one of the Cheaplawgan Lakes, and especially to ascertain if + those lakes, or any of them, emptied their waters into the river St. + John by any other outlet than Fish River. +</p> +<p> + 4. A survey of the portion of Fish River included between the outlet of + Lake Winthrop and the river St. John. +</p> +<p> + 5. A survey of the river St. John between the Grand Falls and the mouth + of the Alleguash. +</p> +<p> + 6. A survey of the Alleguash from its mouth to its source. +</p> +<p> + 7. A survey of the river St. Francis from its mouth to the outlet of + Lake St. Francis. +</p> +<p> + 8. In making astronomical observations for the latitude and longitude of + the Grand Falls and the mouths of the Grand, the Green, Madawaska, Fish, + and St. Francis rivers. +</p> +<p> + Early in July a party under the direction of an officer of Topographical + Engineers was sent into the field and directed to occupy the most + northern astronomical station fixed the preceding year upon the true + meridian of the monument at the source of the river St. Croix, with the + view of being prepared to complete its trace to the northwest angle of + Nova Scotia before the termination of the season in case the pending + negotiations for a conventional boundary should fail. +</p> +<p> + The true meridian was in this way prolonged to a point 19 miles north + of the station alluded to of last year, or 13-1/2 miles north of its + intersection with the river St. John, reaching to the summit of the + height immediately south of Grand River, where a permanent station was + fixed. The point thus fixed is 90-3/4 miles north of the monument at + the source of the St. Croix. +</p> +<p> + This portion of the work was performed by the 15th of August, at which + period it was considered inexpedient to incur the expense of continuing + it any farther. +</p> +<p> + A party under the direction of another officer of Topographical + Engineers, which took the field also in July was charged with the + surveys of the Little Madawaska River, the Eagle or Cheaplawgan Lakes, + the portion of Fish River from the outlet of Lake Winthrop—one of the + Eagle group—to its débouché into the St. John, of the river St. John, + thence to the meridian of the source of the St. Croix, and finally of + the Alleguash from its mouth to its source. +</p> +<p> + The Little Madawaska was ascended in bateaux from its mouth to its + source, which is found in the Madawaska Lakes, and a trace of the river + was made by coursing with a compass and estimating the distances, which + were checked by astronomical observations for latitude and longitude. +</p> +<p> + The position of its mouth had been fixed by the surveys of the preceding + year, and observations for latitude and longitude were made at a point + intermediate between its mouth and its source and also at the junction + of the two lakes which form its source. The trace of the river was + corrected so as to agree with the results of these observations before + being laid down upon the map. +</p> +<p> + A portage of 5-1/4 miles was cut from the Madawaska to the Eagle Lakes, + which are only 4-3/4 miles apart in a direct line. The party transported + their baggage and boats by this portage and launched them on Lake + Sedgwick, the most southern and largest of the Eagle group. +</p> +<p> + This group, which is composed of the Winthrop, Sedgwick, Preble, Bear, + and Cleveland lakes, being all connected one with another by water + communications between them, was carefully surveyed by triangulating + them and coursing their shores with the chain and compass, except those + parts which were so straight as to render the work sufficiently accurate + by sketching those portions between consecutive points of triangulation + of no great distance apart. They were also sounded so far as to obtain + their general depths. +</p> +<p> + The survey was continued from the outlet of Lake Winthrop down Fish + River to its mouth, which was found to be the only outlet from this + group to the river St. John. +</p> +<p> + Lake Cleveland, the most northern and deepest of the group, was + connected in position with the river St. John at a point 2 miles below + the upper chapel of the Madawaska settlement, by a chained and coursed + line following the portage represented on the map 5-1/6 miles long. +</p> +<p> + The Alleguash was ascended in the month of October in bateaux and canoes + from its mouth to its source in Lake Telos, a distance of about 94 + miles. The river and its lakes were coursed by a compass, the distances + estimated, and the projection resulting therefrom corrected before being + placed upon the map by means of astronomical observations at eight + intermediate points between its mouth and its source. The lakes were + triangulated by means of magnetic bearings as far as was practicable, + in order to obtain their widths and general contour. In the vicinity + of Chamberlain Lake use has also been made of a recent survey of Mr. + Parrott, a surveyor in the employ of the State of Maine, to whom we + acknowledge ourselves indebted for the aid which this portion of his + valuable labors furnished us. +</p> +<p> + Between the head of Lake Telos and Webster Pond, one of the sources + of the East Branch of the Penobscot, there is a portage of only 1 mile + and a half. This, together with a small cut or canal, made in 1841 to + connect the waters of Lake Telos with those of Webster Pond, enabled the + party which made this survey to proceed with their boats and baggage + down the Penobscot to Bangor, where they and their surplus stores were + disposed of. +</p> +<p> + A survey of the river St. John was made in the month of September with + the chain and compass from the mouth of Fish River to the intersection + of the meridian of the monument at the source of the St. Croix with the + St. John. This survey was afterwards extended eastward to the Grand + Falls, in order to connect with the astronomical station established + there, and westward to the mouth of the Alleguash, embracing a distance + of 87 miles. The islands were all surveyed, and the channels on either + side of them sounded. +</p> +<p> + The commissioner, having had other duties assigned him in reference + to the question of boundary, did not take the field in person until + September. Between the middle of that month and the middle of December + he was occupied in performing the field duties assigned him by the + Department of State. +</p> +<p> + The party conducted by him in person made the astronomical observations + for the determination of the latitude and longitude of the Grand Falls + of the St. John, and of the mouths of the Grand, Green, Madawaska, Fish, + and St. Francis rivers, all tributary to the St. John. +</p> +<p> + The same party also made a survey of the river St. Francis from its + mouth to the outlet of Lake St. Francis, a distance of 81 miles. +</p> +<p> + This river was coursed by means of a compass, and whenever the nature + of the shores would permit the distances from bend to bend were either + measured with a chain or paced. Through the greater part of the stream, + however, the impediments offered by the thick and small growth near the + shores rendered this degree of minuteness impracticable and a resort to + estimating the distances by the eye, well practiced by previous actual + measurements, became necessary. +</p> +<p> + Before putting the trace of the river thus derived upon the map it was + adjusted to correspond with the results of astronomical observations for + latitude and longitude at twelve intermediate points between its mouth + and the outlet of Lake St. Francis. Its three principal lakes, viz, + Pettiquaggamas, Petteiquaggamak, and Pohenagamook, were triangulated and + sounded as exhibited by the maps of detail yet to be handed in of the + operations of this division. +</p> +<p> + A profile of the river, exhibiting the slope of the country through + which it flows, was obtained by barometric observations made at fifteen + points between its mouth and the bridge where it is intersected by the + Grand portage road. +</p> +<p> + A connection was made with Long Lake, a tributary to Lake Temiscouata, + by a chained line from a point on the St. Francis 2 miles below the + mouth of Blue River to the western shore of Long Lake, by which it was + ascertained that the shore of this lake approached within 2-3/4 miles of + the river St. Francis. +</p> +<p> + The outlet of Lake Pohenagamook was reached in a distance of 49-3/4 + miles from the mouth of the St. Francis following the sinuosities of the + river on the 18th of October. +</p> +<p> + A camp was established on the southwest shore of the lake at its outlet + for the purpose of making the necessary astronomical observations to + determine the latitude and longitude of this position. Ten days were + spent here for this object, out of which we had only three nights that + were favorable for observation. These were improved as far as possible, + and the results obtained, combined with those obtained by Captain + Talcott's parties on the Northwest and Southwest branches of the St. + John, have furnished the elements for laying down upon the general map + the straight lines which show the boundary as it is required to run + between the highlands and the river St. John under the treaty of 1842. + These furnish data for an accurate exhibition of the extent of territory + included by this portion of the boundary as fixed by that treaty. +</p> +<p> + The south shore of Lake Pohenagamook forms an angle of about 100° with + the direction of the stream which flows from it, and marks with great + certainty the point at which, according to the late treaty, the straight + line is to be commenced in running the boundary southwestward to the + Northwest Branch of the river St. John. +</p> +<p> + The work of this division was connected with that of Captain Talcott's + division of the preceding year by noting the position of a common point + on the western shore of Lake Pohenagamook near its head. +</p> +<p> + The commissioner and his party reached the Grand portage, or British + military road, where it crosses the river St. Francis on the 2d of + November, and connected their work with that of Professor Renwick's + division of the preceding year at the bridge near Fournier's house. +</p> +<p> + Observations were also made at this bridge for the latitude and + longitude, when the weather was favorable, between the nights of the + 2d and 5th of November, and a connection was made in longitude with + the meridian of Quebec by comparisons of the local time with three + chronometers transported from the first to the last mentioned place + between the 6th and 10th of November. +</p> +<p> + This comparison was repeated on the return of the commissioner by + observing again at the St. Francis bridge before mentioned on the night + of the 10th of December, with the thermometer ranging during these + observations from 11 to 15° below zero of Fahrenheit's scale, there + being then near 4 feet of snow upon the ground. The commissioner then + proceeded by the Grand portage road, and the road which pursues the + margin of Temiscouata Lake and the valleys of the Madawaska and St. John + rivers, to the mouth of Green River, where on the night of the 12th of + December he again observed at the same point where his observations of + the 29th of September were made while ascending the St. John. These + completed, he proceeded to the Grand Falls, and on the 14th of December + discharged his party, which terminated his field duties for the season. +</p> +<p> + The distance surveyed along the new line of boundary by this division + the past season is— +</p> + +<table summary="Goegraphic survey data" class="t"> +<tr><td></td><td> +</td><td align="right" valign="bottom" width="20%">Miles.</td></tr> +<tr><td colspan="2"> + 1. Along the river St. John from the meridian of the + monument of the source of the St. Croix to the mouth + of the river St. Francis</td><td align="right" valign="bottom">71-1/2</td></tr> +<tr><td colspan="2"> + 2. Along the river St. Francis from its mouth to the + outlet of Lake Pohenagamook</td><td align="right" valign="bottom">49-3/4</td></tr> +<tr><td> +</td><td align="right">Total</td><td align="right" valign="bottom">121-1/4</td></tr> +</table> +<center> + IV. +</center> +<p> + A map marked L², on a scale of 1:400,000, exhibiting the lines + respectively claimed by the two nations under the treaty of 1783, as + well as that adopted by the treaty of 1842, is herewith presented. By + reference thereto the operations of the several divisions during the + present and previous years will be better understood. +</p> +<p> + For a more particular view of the surveys and explorations made under + the direction of each of the commissioners, including descriptions of + the face of the country, navigation of streams, etc., the undersigned + respectfully refer to their respective narratives hereto appended, and + to the maps of detail deposited by each in the Department of State. +</p> +<p> + All which is respectfully submitted. +</p> +<p class="r"> +JAS. RENWICK,<br> + A. TALCOTT,<br> + JAMES D. GRAHAM,<br> + <i>Commissioners</i>. +</p> + +<center> + APPENDIX No. 1. +</center> +<center> + OPERATIONS OF THE DIVISION UNDER THE DIRECTION OF JAMES RENWICK, LL.D., + CHAIRMAN OF THE BOARD. +</center> +<center> + I.—<i>Operations during the year 1841</i>. +</center> +<p> + 1. At as early a period as there was any probability of the country + being accessible two engineers were dispatched from the city of New York + for the purpose of exploring the Rimouski River. This had been crossed + by the commissioner late in the previous season. It had been ascertained + that it took its source much farther to the south than was represented + on any map, and that at its head would be the greatest difficulty in the + intended researches. It was, besides, considered necessary that skillful + boatmen and practiced woodsmen should be engaged in Canada. These it was + believed could be found in Quebec, and the chief of this detachment, + with an appointment as acting commissioner, was directed to perform this + duty on his route. +</p> +<p> + This detachment accordingly left New York on the 22d May. On reaching + Quebec it was found that the proper persons could only be engaged at + Trois Rivieres. A delay was thus occasioned before this part of the duty + could be performed. The detachment, however, reached Rimouski 4th June, + where the snow was still found upon the ground and the river barely fit + for the access of boats. No time had therefore been lost, and the + reconnoissance of the river was successfully performed. The detachment, + after passing all the establishments of lumberers, extended its + explorations beyond the remotest Indian paths, and leaving its boats + penetrated on foot several miles to the south of the highest point + of the stream in which boats could float. In this progress through + unexplored ground a lake wholly unknown was discovered. The results of + this expedition were embodied in a map, which on examination by parties + furnished with better means was found accurate. +</p> +<p> + It was found by this party that the Rimouski presented difficulties + which would forbid its ascent by a party provided with stores and + instruments for the prosecution of a survey along the height of land, + and that it would be impracticable even to make it the route of an + expedition to reach its own source. The little knowledge which was + possessed of its upper course and the fact that it had probably never + been explored even by Indian hunters were accounted for by its + difficulty of access, which would forbid the carriage of a sufficient + supply of provisions for consumption during its ascent and descent. On + other streams difficulties of this sort had been and were afterwards + overcome by the use of the bateaux of the Penobscot, of greater burthen + and strength than the birch canoes, but the continual repetition of + portages on the Rimouski forbade the use of any vessel heavier than the + latter. +</p> +<p> + 2. The main body of engineers, etc., was ordered to assemble in New York + on the 15th May, for which time a vessel was chartered for the purpose + of conveying them, with stores sufficient for an expedition of five + months and the necessary instruments and camp equipage, to Metis, on the + St. Lawrence. The experience of the former season had shown that the + country was so poor as to furnish little for the support of a numerous + party, and it was believed that even game and fish would be found scarce + at the points where supplies would be most needed. It was therefore to + be chosen between laying in the supplies in New York or in Quebec, and + while the great advantage of conveying all the important instruments + by sea turned the scale in favor of the former place, it has been + ascertained that the decision was in other respects correct, for the + dangers and difficulties of navigating the St. Lawrence might have + frustrated altogether, and would certainly have materially delayed, + the commencement of the main survey. +</p> +<p> + The sailing of the vessel was delayed, in expectation of the arrival of + instruments from Europe, until the 30th of May, when a sufficient supply + for beginning the operations arrived. +</p> +<p> + In the meantime Mr. Lally, one of the first assistants, was directed to + proceed to Bangor, in Maine, for the purpose of procuring boats and men + to manage them. These were obtained and brought down the Penobscot to + Castine, where they were on the 8th June embarked in the vessel which + carried the rest of the party, and which had orders to call at that port + for the purpose. The experience of the previous year had manifested the + great superiority of the bateaux of the Penobscot over all other vessels + in the navigation of shallow and rapid rivers. The physical energy and + enterprise of the boatmen of that river had also been known. It was + believed that it was not only essential that a considerable proportion + of the laboring force should be American citizens, but that much good + would result from emulation between the boatmen of the Penobscot and the + Canadian voyageurs. This expectation was in a great degree confirmed by + the result, for although it must be stated with regret that it became + necessary at an early period to discharge some of the Americans, + the remainder were models of intelligence, sobriety, industry, and + perseverance, and entered into the work, not with the feelings of hired + laborers, but with those of men who felt that the interest of their + country was at stake. +</p> +<p> + 3. The commissioner did not leave New York until 30th of June, being + delayed in expectation of more instruments. A part of these only + had arrived, but further delay might have been injurious. Proper + instructions had been given for setting the party in motion in case it + could be organized before he joined it, but these were rendered nugatory + by the length of the vessel's passage. This did not reach Metis till + 7th July, so that the commissioner, arriving on the 9th, was in time + to direct the first operations in person. The stores, boats, and + instruments had been landed and partially carried to a camp on the river + above the falls. A heavy rain on the 10th July rendered the roads almost + impassable, and it was not till the morning of the 12th that the first + detachment could be embarked. This was comprised of Dr. O. Goodrich, + the assistant commissary, two surveyors, and an assistant engineer. The + first was in charge of stores sufficient for six weeks' consumption. The + surveyors had orders to survey the river for the purpose of connecting + it with the line of exploration, and the latter was directed to make + barometric observations. The commissioner and the remaining engineers + were detained at Metis by the necessary astronomic observations. These + being completed, the instruments, camp equipage, and a portion of the + stores were embarked, and the main body proceeded up the river about + noon on the 15th July. +</p> +<p> + 4. The river was found to be still swollen by the melting of the snows + on the highlands near its source, and, being at all times rapid, the + progress of the party was attended both with difficulty and danger. One + of the birch canoes, although managed by a skillful voyageur, was twice + upset, and one of the heavily loaded bateaux filled with water in a + rapid. The result of the first accident was unimportant, except as + respected the personal comfort of one of the party, who lost his + clothing when it could not be replaced; the second accident caused the + loss of some valuable stores. A guide had been procured in the person of + a Canadian who was said to have acted in the same capacity to Captain + Broughton, who had descended the river by order of the commissioners + of Great Britain in 1840. So long as the services of the guide were + unimportant he was found intelligent and acquainted with the country, + but on passing beyond the region usually visited by lumbering parties + he manifested a very scanty knowledge. It had been the intention of the + commissioner to ascend to Lake Metis and thence proceed to the height of + land by an old portage said to have existed from that lake to the one + at the head of the Grande Fourche of the Restigouche, which had been + explored by the commissioner in 1840. Lake Metis was chosen because all + former accounts, and particularly those of the surveyors of the joint + commission under the fifth article of the treaty of Ghent, represented + this as the body of water seen to the northwest of the termination + of the exploring meridian line. The guide appeared to confirm this + impression, and held out inducements that led to the belief that he was + acquainted with the portage in question. The nearer, however, it was + approached the less seemed to be his confidence. When there appeared + to be some reason to doubt his competency or his will, a place in the + river was reached where it divided into two branches of nearly equal + magnitude. On inquiry from the guide it was ascertained that the + easternmost of these was the main Metis, the other the Mistigougeche + (Riviere au Foin). Although the latter appeared to be the most direct + course to the boundary, it was still believed, and nothing could be + learned from him to the contrary, that the former led to the termination + of the exploring meridian line. The party of Dr. Goodrich had gone up + the Metis, and it was necessary to communicate with it before any change + in plan could be made. The commissioner therefore entered the main + Metis, and in the evening overtook the surveyors, who had been unable + to keep the survey up with the progress of the boats. An express was + therefore sent forward to stop the boats, and, the party encamping, + astronomic observations were made for the solution of the difficulty in + which it appeared to be enveloped. A detachment was also sent out to + explore to the eastward of the Metis. This reached the Lake of the + Little Red River, and from its banks took bearings to what appeared to + be the greatest mountain of the country. This is known by the name of + Paganet, and lies to the southwest of Lake Matapediac, forming a part of + the highlands which are so obviously described as the boundary of the + Province of Quebec in the proclamation of 1763. Its height was reported + to be probably 3,000 feet, but as it has appeared in the course of the + survey that heights in that region may easily be overestimated, it + can not be safely taken at more than 2,500 feet. The result of the + astronomic observations seemed to show that the main stream would lead + too far to the eastward, and after mature deliberation it was resolved + that the course should be retraced and the Mistigougeche ascended. The + first part of the operation was attended with little delay. Half an hour + sufficed for reaching the forks, whence the party had been six hours in + mounting. The guide also stated that the Mistigougeche was a much less + difficult stream than Metis. Of the comparative facility, except for a + few miles of the latter, no opportunity for judging was obtained; but + these were so difficult as to confirm his statement. On the other hand, + the former was found to be much worse than it had been represented by + him. His knowledge, in fact, was limited to its state in winter, for + it appeared from a subsequent interview with Captain Broughton to be + doubtful whether he had served in the employ of that officer; and it can + be well imagined that the river when locked up in ice should present + an aspect of far less rapidity than when rushing with its springtide + violence. The Mistigougeche was found to be intercepted by a fall of a + few feet, which could not be passed by the boats when loaded, although + the Penobscot men boldly and successfully carried theirs up when empty, + in which feat they were imitated by the voyageurs, who had at first + deemed it impossible. The loads of the boats were carried over a + portage, and in this operation the chronometers were found to deviate + from each other, showing a manifest change of rate in some or all of + them. This may be ascribed to a change in the mode of transportation, + but was more than could be reasonably anticipated, considering the + shortness of the portage (2,000 yards) and the great care that was taken + in conveying them. At some distance above the falls a lake of moderate + size was reached, embosomed in hills and embarrassed at its upper end + with grass. From the last feature it was ascertained that both lake and + river take their epithet of Grassy (Riviere an Foin, and, in Indian, + of Mistigougeche, or Grassy Lake). At this lake the party of the + commissioner was in advance of the loaded boats. A halt was therefore + made and a party sent out to explore to the westward. This party reached + an eminence whence a lake was seen, which the guide stated to be the + head of a branch of the Rimouski, far distant, as he averred, from any + waters of the Restigouche. Subsequent examination has shown that this + party had actually reached the height of land and that the survey of the + boundary might have been advantageously commenced from this point. +</p> +<p> + On leaving the lake the river was found to have a gentle current for a + few miles. It was then interrupted by a bed of timber, after passing + which it became as rapid as ever. In a short time, however, a noble + sheet of water was reached, surrounded by lofty hills, and of great + depth. At the upper end of this a place was chosen for a stationary + camp, and preparations were made for proceeding to the land survey. + While these were going forward with as much dispatch as possible, Mr. + Lally, one of the first assistants, was detached to reconnoiter the + inlet of the lake. During his absence observations were taken and the + rates of the chronometers worked up. Of the four instruments with which + the expedition was furnished, two had varied from the other two on + the portage. All were of good reputation, and no means existed of + determining on which pair reliance could be placed. From the rates + of two of them it appeared that the camp was situated 12 miles to the + northwest of the tree chosen by the American surveyors in 1818 as + marking the northwest angle of Nova Scotia. Actual survey has shown that + the distance is about 10 miles. The result given by the chronometers was + speedily confirmed by the return of Mr. Lally, who reported that he had + actually reached the marked tree, well known to him by his visit to it + the year before, and that he had pursued for a couple of miles the line + cut out subsequently by Captain Broughton. +</p> +<p> + 6. The preparations being completed, Messrs. H.B. Renwick and Lally were + sent out, each at the head of a sufficient party, with instructions to + proceed together to the west until they reached waters running to the + Restigouche and then to divide, Mr. Lally proceeding to the northwest + angle and Mr. Renwick toward Rimouski. Each was directed to pursue as + far as possible the height of land and to remain in the field as long + as the supplies which the men could carry would permit. They were also + ordered to mark their path in order to insure a safe return, as well as + all the stations of their barometric observations. Bach of the laborers + was loaded with 56 pounds besides his own baggage and ax, and the + engineers and surveyors carried their own baggage and instruments. The + commissioner, with one assistant, remained in the stationary camp for + the purpose of determining the longitude accurately and of making + corresponding barometric observations. +</p> +<p> + 7. In this place it will be proper to state that the lake which was thus + reached was ascertained with certainty to be that seen by the surveyors + of the joint commission in 1818, and which was by them supposed to be + Lake Metis. As it has no name yet assigned to it, it has been called + upon our maps Lake Johnson, in honor of the American surveyor by whom it + was first visited. It is 1,007 feet above the level of the sea, being + more than twice as much as the total fall assigned to the waters of the + Metis in the report of Messrs. Mudge and Featherstonhaugh. So great an + elevation in so short a course is sufficient to account for the great + rapidity of the stream. To illustrate this rapidity in an obvious + manner, the birch canoes, which on the waters of the St. John are easily + managed by one man, are never intrusted on those of the Metis to less + than two. Our departure from Metis in boats so deeply loaded, as was + afterwards learned, was considered there as a desperate attempt, and + although but one of them sustained injury, this is to be ascribed to the + great skill of the boatmen; and to show the velocity of the stream in a + still stronger light, it is to be recollected that, after deducting the + loss of time on the Metis, nine days of incessant labor were spent in + taking up the loaded boats, while the assistant commissary whom it + became necessary to send to Metis left the stationary camp at 2 o'clock + in the morning of the 28th July and reached the mouth of the river + before sunset of the same day, after making two portages, one of 2,000 + yards and the other of 2 miles. +</p> +<p> + 8. The first day of the operations of Messrs. H.B. Renwick and Lally was + attended with an accident which had an injurious effect. The surveyor of + Mr. Lally's party, Mr. W.G. Waller, fell from a tree laid as a bridge + across a stream and lamed himself to such a degree as to be incapable + either of proceeding with the party or of returning to the stationary + camp. It became necessary, therefore, to leave him, with a man to attend + him, in the woods, and it was a week before he was sufficiently + recovered to be able to walk. Intelligence was immediately sent to the + commissioner, by whom the assistant he had retained in camp to aid in + astronomic observations was sent to take the place of the surveyor. Two + days were thus lost, and the intended astronomic observations were far + less numerous than they might have been with the aid of a competent + assistant. +</p> +<p> + The two parties, proceeding together, reached Katawamkedgwick Lake. That + under the direction of Mr. H.B. Renwick immediately crossed it, while + that of Mr. Lally proceeded along the eastern bank for the purpose of + reaching the source of the stream. This being attained, the party of + Mr. L. pursued the height of land as nearly as possible and reached the + exploring meridian line. Crossing this, some progress was made to the + eastward, when a failure of provisions compelled a return to camp. The + party of Mr. H.B. Renwick, proceeding until the Rimouski was seen, + turned to the south and finally reached the southeasterly source of that + river, a point probably never before pressed by human foot, for it was + found to consist in a series of beaver ponds, in which that animal was + residing in communities and without any appearance of having been ever + disturbed. The low state of provisions in this instance also called the + party back, but not before every anticipated result had been obtained. +</p> +<p> + 9. The party of Mr. H.B. Renwick having returned first, immediate + preparations were made for descending the stream. Before they were + completed Mr. Lally also came in, and both were assembled at Metis on + the 14th, whence the commissioner set out instantly for the river Du + Loup, which had been chosen as the base of further operations. +</p> +<p> + The circumstances of the operations up the Metis and Metis and + Mistigougeche had been upon the whole favorable. With the exception of + a single thundershower, no rain had been experienced; the country was + still sufficiently moist to insure a supply of water even upon the + ridges. The sun was observed daily for time and latitude, and the nights + admitted of observations of the pole star for latitude at almost every + camp. At the stationary camp, however, the mists rising from the lake + obscured the horizon and rendered the eclipses of Jupiter's satellites + invisible; nor was it possible to observe the only occultation of a star + which calculation rendered probable during the period in question. Much, + however, had been accomplished. A river little known had been carefully + surveyed some miles beyond its junction with a branch unheard of by + geographers. This branch had been explored, its course and length + determined; a path nearly coinciding with the boundary line for an + extent of 86 miles had been measured and leveled, and regions before + unseen visited. One accident of a serious character had occurred, and + one of the laboring men, although an <i>homme du nord</i>, seasoned in the + service of the Hudsons Bay Company, had been rendered unfit by fatigue + for further duty in the service; but with these exceptions the health + and strength of the party were unimpaired. All augured well for a speedy + and successful completion of the task in a manner as perfect as had been + anticipated. +</p> +<p> + 10. Instructions had been transmitted to the commissary, as soon as it + was found that a portage to Katawamkedgwick and thence to Rimouski was + impracticable, to have a vessel ready at Metis to transport the stores + to the river Du Loup. One was in consequence chartered, but, being + neaped in the harbor of Rimouski, did not reach Metis till the 19th + August. When loaded, her sailing was delayed by an unfavorable wind, and + its continuance prevented her from reaching the river Du Loup before the + 29th August. An entire week of very favorable weather was thus lost for + field operations, and it was not even possible to employ it to advantage + in observations, as all the chronometers but one and the larger + instruments, in order to expose them as little as possible to change of + rate or injury, had been forwarded from Metis in the vessel. With the + one chronometer and the reflecting repeating circle numerous + observations were, however, made for the latitude of the river Du Loup. +</p> +<p> + 11. During the time the main body was engaged in ascending the Metis + and in the other operations which have been mentioned an engineer was + directed to proceed from Metis along the Kempt road for the purpose of + exploring along the dividing ridge between the waters of the Bay of + Chaleurs in the vicinity of Lake Matapediac and the St. Lawrence. This + line forms the continuation of that claimed by the United States, and + is important in its connection with the proclamation of 1763; but as it + falls without the ground which is the subject of dispute, it was not + considered necessary to survey it. The heights which could be reached + were therefore measured with the barometer, and the position of the + points at which the observations were taken referred to existing maps + without any attempt to correct their errors. +</p> +<p> + In the course of this reconnoissance an eminence 1,743 feet in height, + lying to the southeast of Lake Matapediac, was ascended. Thence was had + the view of a wide, open valley extending toward the southeast to the + Bay of Chaleurs and bounded on the northeast and southwest by highlands. + The former were pointed out by the guide as the Chic Choc Mountains, in + the district of Gaspe; the latter, it appeared beyond question, extended + to the Bay of Chaleurs, and strike it below the Matapediac. At the + latter place a party detached down the Restigouche in 1840 had measured + the height of Ben Lomond, a highland rising abruptly from the western + termination of the Bay of Chaleurs. and found it to be 1,024 feet. Thus + it appears beyond the possibility of doubt that a chain of eminences + well entitled to the name of highlands, both as dividing waters and + rising to the character of mountains, depart from "<i>the northern shore + of the Bay of Chaleurs at its western extremity</i>," bound the valley of + the Matapediac to the northeast, and, bending around the lake of that + name, separate its waters from those of the Metis. These are deeply cut + by valleys, whose direction appears from the map of the reconnoissance + and from the course of the tributary streams which occupy their lines + of maximum slope to run from southwest to northeast, or at right angles + to the general course of the highlands themselves. These highlands are + obviously those defined in the proclamation of 1763 and the commission + of Governor Wilmot. +</p> +<p> + 12. As soon as the necessary instruments arrived from Metis at the river + Du Loup a party was detached to survey the Temiscouata portage, a line + known to be of great importance to the subsequent operations, but whose + interest has been increased from the unexpected frequency with which the + line dividing the waters touches or crosses it. Stores for a month's + service were transported with all possible dispatch to Lake Temiscouata, + along with the boats and camp equipage. +</p> +<p> + Two separate parties were now formed, the one to proceed up Temiscouata + Lake, the other to ascend the Tuladi. The embarkation of both was + completed at noon on the 4th September. +</p> +<p> + 13. Mr. H.B. Renwick, with the party under his command, was directed + if possible to ascend the middle or main branch of Tuladi and form a + stationary camp at the highest point of that stream which could be + reached by boats. +</p> +<p> + Mr. Lally had orders to enter and follow the river Asherbish, which + enters Lake Temiscouata at its head, until the progress of his boats + should be interrupted. The first party was directed to operate in the + first place toward the west, the second toward the east, upon the height + of land until they should meet each other's marks. The party of Mr. H.B. + Renwick was directed, therefore, to proceed from the head of Tuladi and + reach if possible the head of Rimouski, thus forming a connection with + the line explored from the head of Mistigougeche; that of Mr. Lally to + proceed from the head of Asherbish along the height of land to the + Temiscouata portage. The commissary was then moved up with a large + amount of stores and halted on the summit of Mount Biort, to be within + reach of both the parties in case of a demand for new supplies, and to + receive them on their return. +</p> +<p> + 14. The party of Mr. H.B. Renwick, having passed through Tuladi Lake, + entered the main stream of that name on the 5th September. The head of + it had been seen by that gentleman in September, 1840, and held out the + promise of abundance of water for navigation. This promise did not + fail, but it was found that the stream had probably never before been + ascended, and was therefore embarrassed with driftwood. After cutting + through several rafts with great labor, a place was reached where the + stream spread out to a great width over beds of gravel, and all further + progress in boats became impossible. It was therefore determined to fall + down the stream and ascend the western branch, well known under the + name of Abagusquash, and which had been fully explored in 1840. The + resolution to return was taken on the 6th, and on the evening of the + 9th the beaver pond at the head of Abagusquash was reached; here a + stationary camp was established. One of the men had wounded himself with + an ax and three more were so ill as to be unfit for service. The numbers + were yet sufficient for short expeditions, and one was immediately + fitted out for the head of Tuladi with provisions to form a cache for + future operations. This expedition explored so much of the height of + land as would otherwise have been thrown out of the regular order in + consequence of the failure to ascend the main branch of Tuladi. +</p> +<p> + 15. In the meantime Mr. Lally proceeded up Lake Temiscouata and entered + the Asherbish. This stream was also found very difficult, and on the + evening of the 7th no more than 7 miles had been accomplished on it. + At this point a stationary camp was fixed and a detachment sent out to + explore the neighborhood. On the 10th Mr. Lally set out to the eastward, + and struck the lower end of Abagusquash Lake on the afternoon of the + 11th September. Being obviously too far to the south, he ascended that + stream and reached H.B. Renwick's camp on the evening of the 12th. + The next morning he proceeded to the height of land, and after twice + crossing it reached his stationary camp on Asherbish at noon on the + 21st September. +</p> +<p> + On this expedition two out of three barometers were broken, and an + assistant was therefore sent to seek a fresh supply from the stores. +</p> +<p> + 16. The expedition sent out by H.B. Renwick to the head of the Tuladi + returned on the 13th September. One of the men came in severely wounded, + and those left sick and wounded in camp were still unfit for service; + others also were taken sick. Of the laborers of the party, one-half were + thus lost for the present to the service. The engineer in command, + who had finished the observations for which he had remained in the + stationary camp, determined, therefore, to proceed to Mount Biort in + order to obtain men. Previous to his departure on the 15th September he + fitted out a second expedition with all the disposable strength for the + purpose of operating between the head of Tuladi and the point in the + height of land where Mr. Lally's line diverged to the southwest. The + newly engaged hands and the detachment on its return both reached the + camp on the Abagusquash on the 19th of September. On the 21st, all + arrangements having been completed, Mr. H.B. Renwick, leaving the + assistant commissary with only one man in the stationary camp, set off + toward the head of Rimouski. This course was pursued for six days, when + it became necessary to return for want of provisions, and the stationary + camp was reached on the 2d October. On this expedition the line of + exploration made in June up the Rimouski was intersected and the ground + traversed in July and August seen and connected with the survey, but + it was found impossible to penetrate along the height of land on the + western side of Rimouski to its head. On reaching the camp snow began + to fall, and the thermometer marked 18° in the morning. All further + operations for the season in this direction were therefore at an end. + A portion of the line which divides the waters falling into the St. + John from those falling into the St. Lawrence remained in consequence + unsurveyed. It can not, however, be said to be absolutely unexplored, + for it was seen from the eastern side of Rimouski, presenting the + appearance of a range of hills at least as elevated as any on the + boundary. +</p> +<p> + 18. Mr. Lally having received a fresh supply of barometers on the + evening of the 23d, resumed his survey of the height of land on the 25th + September, and reached the camp of the commissary on Mount Biort on the + 2d October, having surveyed and leveled the intermediate dividing ridge. + The party of H.B. Renwick descended the Abagusquash and Tuladi, and, + crossing Lake Temiscouata, reached the same rendezvous on the 5th + October. The interval was spent by Mr. Lally's party in clearing a space + for a panoramic view on the summit of Mount Biort. +</p> +<p> + 19. The commissioner, having superintended in person the equipment and + embarkation of the parties of Messrs. H.B. Renwick and Lally on Lake + Temiscouata, returned to the river Du Loup for the purpose of making + astronomic observations. These being completed, he visited and conferred + with the parties of his colleague, A. Talcott, esq., on their way to the + height of land southeast of Kamouraska. Here he made arrangements for + the junction of the two lines on the Temiscouata portage. He then + proceeded to the camp of the commissary on Mount Biort, and there made + provision for the completion of the residue of the line in the vicinity + of the portage. He also selected points of view for the use of the + daguerreotype and camera lucida, and, being unable to do any more on the + ground for the furtherance of the objects of his appointment, returned + to New York, taking with him the earlier records of the field operations + for the purpose of organizing the office work. +</p> +<p> + 20. Under the direction of Mr. H.B. Renwick, a party led by Mr. Lally + set off from Mount Biort on the 7th October, and, proceeding westward + along the portage road to the ridge of Mount Paradis, turned to the + south along the dividing ridge. This being pursued led them back to the + portage at a point about 21-1/2 miles from the river Du Loup on the + 10th. The dividing ridge was now found for some distance to coincide + nearly with the portage road and to pass over the summit of the Grande + Fourche Mountain, a fact which had not before been suspected. The source + of the Grande Fourche of Trois Pistoles having been headed, the party + reached a station which the commissary had now established at the river + St. Francis on the 13th October. Departing from this, the basin of the + St. Francis to the north of the portage road was explored, and the + survey finished on the 17th October. +</p> +<p> + Operating from the St. Lawrence as a base, and within reach of a + cultivated country, whence numerous roads are cut to the height of + land, it would have been possible to have kept the field for perhaps a + fortnight longer. The plans and estimates of the division had been made + with this view, and it was anticipated that the height of land might + have been surveyed 30 miles to the south of the Temiscouata portage. + Although this would have been practicable, it would have been a service + of hardship. The necessity for this was obviated by the progress of the + parties of A. Talcott, esq., which completed their surveys up to the + portage on the same day that the surveys of this division were finished. +</p> +<p> + 22. The circumstances under which the latter part of the survey was + performed from the time of leaving the river Du Loup, on the 3d + September, were far less favorable than had been experienced on the + Metis and its branches. The continual drought had at the beginning of + this part of the duty affected the streams and springs in such a way + as to render navigation difficult and water for drinking scarce on the + heights of land to which the survey was necessarily directed. On the + eastern side of Lake Temiscouata a large fire had extended itself into + the woods. On the Temiscouata portage the persons in charge of that road + had set fire to the brush and wood cut in opening it out to an increased + breadth, and a belt of flame 30 miles in length was at each change of + wind carried in some new direction into the dry forest. The camp and + collection of stores on Mount Biort were thus threatened for several + days, and only saved by great exertions. Serious apprehensions were + entertained lest the return of the parties in the field might be + obstructed by the spreading of their own fires. The smoke of this vast + extent of combustion obscured the heavens and rendered astronomic + observations difficult or prevented it altogether. Finally, a season of + unprecedented drought was closed on the 24th of September by the setting + in of the equinoctial storm, and from this day until that on which the + survey terminated few hours elapsed without rain, sleet, or snow. In + spite of these obstacles, it is believed that the State Department will + have no reason to be dissatisfied with the results of the campaign. +</p> +<p> + 23. The results of the operations of this division are embodied in a map + and profiles, which are herewith presented. The degree of reliance to be + placed on this map will be best understood from a detail of the methods + employed in preparing it. +</p> +<p> + The river Metis and its branch, the Mistigougeche, were surveyed by an + azimuth compass of Smallcaldus construction, and the distances measured + by a micrometric telescope by Ertil, of Munich. The courses of the rest + of the lines were determined by compasses of similar construction, and + the distances measured by chains of 100 feet constructed by Dollond, of + London, and Brown, of New York. An exception to this general rule exists + in the survey of the eastern side of Rimouski. The courses and distances + thus measured, and corrected for the variation of the compass, were + compared with astronomic observations for latitude and with longitudes + deduced from chronometers. For this reason, as the line on the east side + of Rimouski is almost in the direction of the meridian, it was not + considered necessary to lose time in measuring it when the latitude of + the several camps, determined by observations of the pole star, were + taken nightly. +</p> +<p> + The latitudes of the courses under the direction of Mr. H.B. Renwick + were determined by a reflecting repeating circle of Dollond; those on + Mr. Lally's by a good sextant. The latitudes and times at Grand Metis, + the river Du Loup, and the stationary camp on Mistigougeche and + Abagusquash were principally determined from observations made with the + Dollond circle. Lunar transits were taken at the river Du Loup, and + distances of the moon for longitude at several places on the line. The + reliance for the longitudes was, however, principally upon timekeepers, + and of these the party was furnished with one box and two pocket + chronometers by Parkinson & Trodsham, one pocket chronometer by + Molyneux, one by French, one by Barraud, and one by Morrice. Thus, while + several could be retained at the station, each party in the field was + furnished with two, and the measured distance furnished a check, which, + in case of discrepancy, that on which greatest reliance could be placed + might be ascertained. It is sufficient to say that the deductions have + been in general satisfactory, although the rough motion to which + these instruments were subjected in passing through pathless woods, + embarrassed by fallen trees and morasses in which the bearers often + sunk to the middle, caused changes of rate and even sudden variations. + Uncertainty arising from these causes was rendered less to be dreaded + from its being possible to refer, as a base of operations, to the + excellent survey of the St. Lawrence River by Captain Byfield, of the + British navy. With the geographical positions given in his charts our + own observations agreed so closely as materially to confirm the + respective accuracy of both. +</p> +<p> + 24. The point which in this part of the survey has been kept in view as + most important is the determination of the heights. For this purpose the + party of Professor Renwick was furnished with the following barometers: +</p> +<p> + Two loaned by the Superintendent of the Coast Survey, of his own + construction; two portable and one standard, by Neurnan; three of the + siphon form, by Buntin, of Paris; one by Traughton & Simms; one by + Forlin, of Paris; three of siphon form, by Roach & Warner, of New York; + two by Tagliabue, of New York, originally on the plan of Durand, but + which had been advantageously altered by Roach & Warner in such manner + as to admit of the adjustment of the level of the mercury in the + cistern. +</p> +<p> + The stations at which the lower barometers were placed were Grand Metis + until the return of the expedition up the river of that name, and the + river Du Loup from that time until the close of the survey. At these + places all the barometers not actually in the field were suspended and + registered at the hours most likely to correspond with the observations + of a traveling party, say at 6, 7, 8, and 9 in the morning, noon, 1, 5, + and 6 in the afternoon, until as the season advanced and the days became + short the earliest and latest of these hours were omitted. Although + several barometers were thus constantly observed, no other use of these + was made but to determine their comparisons with each other, except one + of the barometers of Mr. Hassler, Superintendent of the Coast Survey. + This, from its superior simplicity, being, in fact, no more than the + original Tonicillean experiment, with a well-divided scale and + adjustment of its 0° to the surface of the mercury in the cistern, was + found to be most certain in its results. All the barometers used by the + parties in the field were therefore reduced to this by their mean + differences. +</p> +<p> + The stations at the two above-mentioned places were near the St. + Lawrence. At Metis the height of the cistern of the standard barometer + was determined by a spirit level. At the river Du Loup the height of the + station was determined by two sets of observations of barometers, taken + with different instruments by different observers, and at an interval of + a week from each other. The results of the two several sets, which were + calculated separately, differ no more than 0.5 of a foot from each + other. +</p> +<p> + On reaching the highest accessible points of the streams on which the + parties proceeded toward the height of land, stationary camps were + established, as has been already stated. At these series of observations + were made at the same hours as at the river stations. The height of + the former was then calculated from a series of observations taken at + noon and at 1 p.m. for the whole of the time the camp was occupied. + The heights of the points at which observations were made by the + traveling party were then deduced from a comparison with the nearest + contemporaneous observations at the stationary camp. An exception to + this rule was made in the observations to the westward of Temiscouata + Lake, which were referred directly to those made at the river Du Loup, + which was sufficiently near for the purpose. +</p> +<p> + The height of the stationary camp at Mount Biort having been determined + by observations continued for several days, the level of Lake + Temiscouata was thence determined by using a set of levels taken with a + theodolite by Breithaupt, of Cassel, in 1840. The height of the lake + thus deduced is greater than it would appear to be from the barometric + observations taken in December, 1840. It had been imagined that a + difference in level might exist between the St. Lawrence at Metis and + at the river Du Loup. Four days of contemporaneous observations were + therefore made at each with a view to the solution of this question. + The idea of a difference of level was not sustained by the operation. +</p> +<p> + The heights of the river stations were measured in each case to the + highest mark left by spring tides, and half the fall of that tide as + given by Captain Byfield has been added in all cases as a reduction to + the mean level of the sea. Opportunities were offered in a few instances + for testing the accuracy of the method by different barometers used by + different observers at different days on the same point. No discrepancy + greater than 7 feet has been thus discovered. In other cases the same + observer returned and observed at the same places, and here a similar + congruity of result has been found to exist. +</p> +<p> + The whole of the calculations have been made by the formulae and tables + of Bailey. Before adopting these their results were compared in one + or two instances with those of a more exact formula. The differences, + however, were found so small as to be of no importance, amounting in the + height of Lake Johnson to no more than 5 feet in 1,007. The original + record of the barometric observations, each verified by the initials of + the observer, have been deposited in the State Department. +</p> +<p> + 25. The paths pursued by the traveling parties were marked by blazing + trees. The position of the barometer at each place of observation was + also marked. The operation was a search for the boundary line in an + unknown country, hence it rarely happened that the path of the parties + has pursued the exact dividing line of the waters of the St. Lawrence + and the Atlantic, but has been continually crossing it. The maps + herewith submitted and the marks by which the line of the survey has + been perpetuated would have enabled a party sent out for that especial + purpose to trace the boundary on the ground without difficulty other + than that arising from the inacessible character of the country. +</p> +<p> + 26. The commissioner can not speak in too high terms of the industry and + perseverance manifested by the engineers and surveyors employed on this + division, and in particular of the skill and intelligence of the two + first assistants. Circumstances had prevented the receipt of portable + astronomic instruments which had been ordered from Paris and Munich, and + an instrument formed by the adaptation of a vertical circle to the lower + part of an excellent German theodolite by Draper, of Philadelphia, was + found on its being opened at Metis to have received an injury which + rendered its accuracy doubtful. The whole reliance for the greatest + accuracy was thus thrown on the repeating circle of Dollond. Such, + however, was the address and skill of the engineer to whom it was + intrusted that he not only fulfilled the object for which it was + intended, of determining the position of the points visited by the + traveling parties, but accomplished the same object at the stationary + camps and at the river stations, without delaying for an hour the + operations of the survey. +</p> +<p> + The duty which these gentlemen performed was arduous in the extreme. It + has been seen that on the expedition up the Metis a seasoned voyageur + had been worn out by the severity of his labors; on the Tuladi half the + men were sick at a time; and of Mr. Rally's party two Penobscot Indians + of herculean frame were compelled to return by extreme fatigue. The + engineers, while in the field, were even more exposed to fatigue than + the laborers, for they carried their own baggage and instruments, and + were engaged nightly in observation and calculation, while the workmen + could repose. +</p> +<p> + 27. The commissioner to whom the survey of the northern division of the + boundary line was intrusted has to express his acknowledgments for the + politeness and good offices of the authorities of Her Britannic Majesty. + In compliance with his request, permission was granted by the late + lamented Governor-General for the admission of a vessel and the entry of + the stores, camp equipage, and instruments of the party at one or more + ports on the St. Lawrence. Letters were addressed by the principal + secretary of the colony of Canada to all the officers and magistrates, + directing them to give every facility to the operations, and these + directions were obeyed, not as mere matters of form, but with a truly + hospitable spirit. To the officers of the Sixty-eighth Regiment, forming + the garrison of Fort Ingall and occupying the post of the river Du Loup, + as well as to the officers of the commissariat on duty at those places, + acknowledgments are due for numerous attentions. +</p> +<center> + II.—<i>Operations of the year 1842</i>. +</center> +<p> + 1. Of the task originally assigned in the instructions for this division + there remained to be completed— +</p> +<p> + (1) A portion of the boundary claimed by the United States around the + head waters of the river Rimouski. +</p> +<p> + (2) The line of highlands forming the south bounds of the Province of + Quebec, extending from the north shore of the Bay of Chaleurs at its + western extremity. +</p> +<p> + 2. Experience had shown that the portion of the boundary which remained + unsurveyed could not be reached with any hope of completing the survey + by any of the streams running into the St. Lawrence nor from the waters + of Lake Temiscouata. The Green River (of St. John) was therefore chosen + as the line of operation. It was known that a portage existed between + its boatable waters and those of the Grande Fourche of Restigouche. The + plan for the work of the season was therefore laid as follows: +</p> +<p> + To proceed up Green River with a party, thence to cross to the Bell + Kedgwick by the portage, and having, by expeditions from the banks of + that stream, surveyed the remainder of the claimed boundary, to fall + down the stream to the Bay of Chaleurs, and, ascending the highland + measured in 1840, to proceed along the heights in order to reach if + possible the northwest angle of Nova Scotia. +</p> +<p> + The work being the most remote and difficult of access of any on the + whole boundary, it was necessary to take measures early, and, it being + apparent that if they were not vigorously pressed the whole summer's + work would be frustrated, permission was granted by the Secretary of + State to prepare stores and provisions, and the party was sent forward + toward its line of operations. Care was, however, taken, in conformity + with his instructions, to secure means of communication. +</p> +<p> + 3. The transportation of stores, equipage, and instruments was rendered + unexpectedly easy by a steamboat running from Portland to St. John, and + by the politeness of the British consul at Portland and the collector of + Her Britannic Majesty's customs at St. John free entrance was permitted + at the latter port. These articles were shipped from Portland the 19th + of June and under the charge of the Hon. Albert Smith reached the Grand + Falls of St. John July ——. +</p> +<p> + 4. Mr. Lally, first assistant engineer, with the surveyor, was + dispatched by the way of Bangor and Houlton to the same point of + rendezvous on 18th June for the purpose of procuring boats and engaging + laborers. Mr. H.B. Renwick, first assistant, with Mr. F. Smith, second + assistant, were placed in charge of the chronometers and the necessary + astronomic instruments, with instructions to observe on the meridian + of the St. Croix at Houlton, and again at its intersection with the + river St. John, for the purpose of ascertaining the rate taken by + the chronometers when carried. These preliminary operations being + successfully performed, the party was completely organized at the Grand + Falls of the St. John on the 2d July. The energy and activity of the + persons intrusted with these several duties was such that this date of + complete preparation for the field duties was at least a week earlier + than any calculation founded on the experience of former years rendered + probable. The commissioner, advised of the negotiation in progress, had + made his arrangements to reach the Grand Falls of the St. John on the + 10th July. Being directed by the State Department to remain in New York, + he sent orders by mail to the party to halt until further instructions. +</p> +<p> + 5. These orders were not received, for the party, being fully organized, + left the Grand Falls in three different detachments on the 4th, 6th, + and 8th of July. The first detachment was composed of the surveyor, + Mr. Bell, and an engineer having instructions to make a survey of Green + River. The second was in charge of the assistant commissary, and was + composed of three bateaux and fourteen pirogues, carrying stores and + equipage for three months' service. The third was formed by the two + first assistants, who, after performing the necessary astronomic + observations at the Grand Falls and at two points on Green River, passed + the surveying party and reached the portage between Green and Kedgwick + rivers on the evening of the 13th July. +</p> +<p> + 6. Green River has a fall and rapids near its junction with the St. + John, which are passed by a portage of 1-1/2 miles. At 15 miles from its + mouth is a second fall, which is passed by a portage of 82 yards. The + stream for this distance and for 5 miles above the second fall is very + rapid, its bed being in some reaches almost filled with rocks. For the + next 10 miles it has deep still reaches, alternating with gravel beds, + or else the river flows over ledges of rock. It is then interrupted by a + third fall, requiring a portage of 176 yards. Thence to the second fork + of the lakes it has the same character as for the last 10 miles, except + that in some places it flows with a gentle current between low banks + covered with alder. From the second fork of the lakes to the southern + end of the Green River and Kedgwick portage the stream is very narrow + and may be styled one continuous rapid. It is upon the whole the most + difficult of navigation of all the streams running into the St. John + from its northern side, and approaches in its character of a torrent + to the waters on the St. Lawrence side of the highlands. +</p> +<p> + 7. The portage from Green River to the South Branch of Kedgwick is 5-1/4 + miles in length, and passes over the summits of two of the highest + mountains in the ceded district, as well as several ridges. No vessel + heavier than a birch canoe had ever before been carried over it. It + therefore became necessary to clear it out before the bateaux and other + heavy articles could be transported. Fifteen extra laborers, who had + been engaged, with their pirogues, to carry some of the stores from the + St. John, were retained to aid in making this portage, which swelled the + number to twenty-seven. This large force was industriously engaged for + eight days in carrying the stores and equipage over the portage, with + the boats and canoes required for the future operations of the party. + In the meantime the portage was surveyed, and a great number of + observations were made, by which the latitude of the southern end of the + portage and its difference in longitude from that of the meridian line + were determined with great accuracy. In addition to the other labors of + the party, a storehouse and observatory were erected. +</p> +<p> + 8. The commissioner, learning that the party had left the Grand Falls + before his letter could have reached that place, addressed fresh orders + to the engineer in command. These were sent under cover to the British + postmaster at Lake Temiscouata, who was requested to send them up Green + River by an express. By these he was directed to stop the progress of + the party and to proceed himself to the river Du Loup, there to await + fresh instructions. +</p> +<p> + These orders did not arrive in time to prevent the party intended for + the survey of the boundary from setting out. The engineer who had + hitherto been in command returned to the St. John in pursuance of his + original instructions and met the express on his way down Green River. + The commissioner, being advised on the 13th July that the treaty had + been signed, immediately dispatched a special messenger, who joined the + chief of the division at the mouth of Green River on the 24th July. + Measures were now taken for the recall and return of the party in the + woods, and the whole division was assembled at the stationary camp at + the north end of the portage on the 11th of August. +</p> +<p> + 9. The party engaged in the survey of the remaining part of the boundary + line had before the orders of recall reached them successfully + accomplished that duty, having connected their survey with points in the + survey of the previous year and thoroughly explored the culminating + points of the valley of Rimouski. As had been anticipated from the level + of the streams seen in 1841, this portion of the boundary claimed by the + United States is more elevated than any other portion of that line + between the Temiscouata portage and the northwest angle of Nova Scotia. + This survey would therefore have added an important link to the argument + of the United States had not the question been settled by treaty. +</p> +<p> + The party having received its orders of recall, all the articles of + equipment which could not be carried in the boats which had been + launched on the waters of the Restigouche were transported to the other + end of the portage and embarked in pirogues sent up Green River for that + purpose under the direction of the assistant commissary. The engineers + then set out on their return by the Bell Kedgwick, the Grande Fourche, + and the Southwest Branch of Restigouche. Ascending the latter stream, + this party reached the Wagansis portage on the 21st August, and arrived + at the Grand Falls on the 25th August. +</p> +<p> + The descent of the Bell Kedgwick was attended with great difficulties + in consequence of the low state of the waters. Until its junction with + Katawamkedgwick, to form the Grande Fourche of Restigouche, it was + necessary to drag the boats by hand. +</p> +<p> + 10. The detailed map of the surveys of this division, exhibiting the + more important points whose altitudes were determined by the barometer, + has already been lodged in the Department of State under date of 27th + December. +</p> +<p> + Although the interest of this survey to the United States has now passed + away, yet, as it is probable that many years may elapse before this + country shall be again explored, and as it may still possess some + interest to the nation into whose undisputed possession it has now + fallen, it may not be improper to state the methods employed in the + survey, for the purpose of showing to what degree of faith it is + entitled. +</p> +<p> + The latitude and longitude of the mouth of Green River were furnished by + Major Graham. The three portages on that river were surveyed by chain + and compass. The courses on the navigable parts of the river were taken + with a compass and the distances measured by a micrometrical telescope + by Ertil, of Munich. This instrument, which had given satisfactory + results on Metis and Mistigougeche in 1841, was still more accurate + in the present survey. The latitude of the south end of the Kedgwick + portage as given by the plot of Green River on the original projection + differed no more than 5" from that given by numerous astronomic + observations, an agreement so close that it might be almost considered + as arising from happy accident. This survey therefore required but + little correction, which was applied from the observations already cited + and from those at two intermediate points. +</p> +<p> + The survey of Kedgwick portage was performed with chain and compass. In + the woods between the Bell Kedgwick and the boundary and along the whole + line of survey the same method was used, observations for time and + latitude being also taken whenever the weather permitted. As the lines + intersected those of the last year, it can now be stated that every part + of the boundary claimed by the United States, from the height of land on + the Temiscouata portage which divides the waters of the Green River of + the St. Lawrence from those of the St. Francis to the northwest angle of + Nova Scotia, as well as its connections with the St. Lawrence and Lake + Temiscouata by the Temiscouata portage, and with the St. Lawrence a + second time by the Metis and Mistigougeche, and with the St. John by + Green River, has been actually surveyed. This result is one that neither + the Department in its original instructions nor the commissioner on + his first view of the country had contemplated. In stating this the + commissioner feels it his duty to acknowledge his obligations to the + untiring zeal and energy of the gentlemen who have acted under his + orders, and especially to his two first assistants, who, entering upon + duties of an entirely novel character, not only to themselves, but + to the country, have in the course of the operations of two years + accumulated under the most disadvantageous circumstances a stock of + observations which for number and accuracy may compare with those taken + with every convenience at hand by the most practiced astronomers. +</p> +<p> + In addition to the latitude of numerous points determined astronomically + by the party engaged in surveying the line through the woods, the + latitude of a point near the southern end of Green River and Kedgwick + has been determined by eighty-six altitudes of sun and stars taken with + a repeating and reflecting circle. +</p> +<p> + The whole number of altitudes of sun and stars taken during the + expedition for time and latitude was 806. +</p> +<center> + III. +</center> +<p> + 1. The operations of this division during the three seasons which it has + been engaged in field duties have given a view of nearly every part of + the country which has now been ceded to Great Britain to the north of + the St. John River and the Temiscouata portage. During the year 1840 + the commissioner proceeded in person by the wagansis of Grand River to + the waters of the Bay of Chaleurs, ascended the Grande Fourche of the + Restigouche to Lake Kedgwick, and then traversed the country from that + lake to the Tuladi by a route never before explored. In 1841 the + Rimouski and Metis were both ascended—the first to the limits of its + navigation by canoes, the latter to the lake in which the waters of its + western branch are first collected. From this lake lines of survey + repeatedly crossing the boundary claimed by the United States were + extended to a great distance in both directions. The operations of the + year were closed by a survey of so much of the boundary as incloses + the basin of Lake Temiscouata and intersects so frequently the great + portage. These latter surveys covered in some degree the explorations + of one of the parties in 1840, which, therefore, are not quoted as a + part of the work of that year. In 1842 the valley of Green River was + explored, that stream was carefully surveyed, and the remainder of the + boundary line dividing the sources of Rimouski from those of Green River + and the eastern branches of Tuladi run out with chain and compass. +</p> +<p> + In these surveys and explorations the character of the country, its + soil, climate, and natural productions, have been thoroughly examined, + and may be stated with full confidence in the accuracy of the facts. +</p> +<p> + 2. Beginning on the southern side of the ceded territory, the left bank + of the St. John is for a few miles above the Grand Falls uncultivated + and apparently barren. Thence to the confluence of the Madawaska it + presents a continued settlement upon land of good quality, producing + large crops of potatoes and grass. It also yields wheat, oats, and + barley, but the crops are neither abundant nor certain. The Madawaska + River presents but few attempts at settlement on either of its banks. + Its left bank is represented to be generally barren, but some good + land is said to exist on its southwestern side. The shores of Lake + Temiscouata are either rocky or composed of a light, gravelly soil, + which is so poor that it will not repay the labor of cultivation, even + when newly cleared, without the aid of manure. Some tolerable meadows + are found, which are at the moment highly valued in consequence of a + demand for forage by the British troops. The valley of Green River has + in some places upon its banks intervals of level alluvium which might be + improved as meadows, and it has been represented as being in general + fertile. A close examination has not confirmed this impression. +</p> +<p> + Mr. Lally reports that— +</p> +<p> + "In the valley of Green River there are some tracts of land capable + of cultivation, but the greater portion of it is a hard, rocky soil, + covered with a growth of poplar and trees of that description. Some + of the most desirable spots for farms had been formerly taken up by + settlers from the Madawaska settlement, but although the land is as + good as that on the river St. John, they were obliged to abandon their + clearings on account of the early frosts and the black flies. It can + hardly be conceived that the latter would be a sufficient cause for + leaving valuable land to waste, but such is the fact, as I have been + informed by some of those who made the attempt to settle, and I can + well believe it from my own experience there." +</p> +<p> + 3. The explorations of 1840, in which the ground lying between the + western sources of Green River and Squattuck, a branch of Tuladi, was + traversed, showed a considerable extent of better land than any other in + the ceded territory. The commissioner traveled for a part of two days + along a table-land of no great elevation, covered with rock, maple, and + a thick undergrowth of moosewood, both said to be signs of good soil; + of this there may be from seven to ten thousand acres, and it is a far + larger body of tillable land than is to be found in any other part of + the country north of the settlements on the St. John. +</p> +<p> + 4. By far the greater portion of the territory in question is composed + of the highlands in which the streams that flow to the St. Lawrence and + the Atlantic take their rise. With but three exceptions no part of this + is less than 1,000 feet above the level of the sea. It is a perfect + labyrinth of small lakes, cedar and alder swamps, and ridges covered + with a thick but small growth of fir and spruce, or, more rarely, of + birch. No portion of it appears to be fit for tillage. +</p> +<p> + 5. In respect to timber, it was found that the pine, the only tree + considered of any value, ceased to grow in rising from the St. Lawrence + at less than 1,000 feet above the level of the sea. Only one extensive + tract of pine was seen by any of the parties; this lies around the + sources of the St. Francis, and may cover three or four thousand acres. + This river, however, discharges itself from Lake St. Francis through a + bed of bowlders, and is sometimes wholly lost to the view. This tract, + therefore, although repeatedly examined by the proprietors of sawmills + on the St. Lawrence and the St. John, has been hitherto found + inaccessible. The pine timber on the seigniory of Temiscouata has been + in a great degree cut off or burnt by fires in the woods. There is still + some timber on the waters of Squattuck, but it has been diminished by + two or three years of active lumbering, while that around Tuladi, if it + were ever abundant, has disappeared. It would, however, appear from + report that on the waters of the North Branch of Restigouche to the + eastward of the exploring meridian there is some valuable timber. This + is the only portion of the district which has not been explored. +</p> +<p> + 6. As to the valley of Green River, the engineer who has already been + quoted reports as follows: +</p> +<p> + "This river has had the reputation of having on it large quantities of + pine timber, but as far as I have been able to judge it is small and + rather sparsely scattered along the slopes of the ridges. Above the + third falls of the river, which are rather more than 30 miles from its + mouth, there is scarcely any to be seen. Some of the Madawaska settlers, + who have explored nearly every tributary of the river, report that there + is good timber on some of them. Judging from the language that they used + in relation to some that I saw myself, I infer that what they call good + would not be so considered by the lumbermen of the Penobscot. The people + who lumber in this vicinity do it on a small scale when compared with + the operators in Maine. They rarely use more than two horses to draw + their lumber to the stream, so that a tract which would not afford more + than a month's work to an extensive operator would keep one of these + people employed for years." +</p> +<p> + 7. As respects climate, the country would be considered unfit for + habitation by those accustomed to the climates even of the southern + parts of Maine and of New Hampshire. Frosts continue on the St. John + until late in May, and set in early in September. In 1840 ice was found + on the Grand River on the 12th of that month, and snow fell in the first + week of October on Lake Temiscouata. In the highland region during the + last week of July, although the thermometer rose above 80°, and was once + above 90°, white frost was formed every clear night. Upon the whole, + therefore, it may be concluded that there is little in this country + calculated to attract either settlers or speculators in lumber. The + former were driven to it under circumstances of peculiar hardship and + of almost paramount necessity. Their industry and perseverance under + adverse circumstances is remarkable, but they would have been hardly + able to overcome them had not the very question of the disputed boundary + led to an expenditure of considerable money among them. +</p> +<a name="2H_4_0017"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGE.<a href="#note-93"><small>93</small></a> +</h2> +<p class="r"> + WASHINGTON, <i>December 14, 1842</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + Two bills were presented to me at the last session of Congress, which + originated in the House of Representatives, neither of which was signed + by me; and both having been presented within ten days of the close of + the session, neither has become a law. +</p> +<p> + The first of these was a bill entitled "An act to repeal the proviso of + the sixth section of the act entitled 'An act to appropriate the + proceeds of the sales of the public lands and to grant preemption + rights,' approved September 4, 1841." +</p> +<p> + This bill was presented to me on Tuesday, the 30th August, at + twenty-four minutes after 4 o'clock in the afternoon. For my opinions + relative to the provisions contained in this bill it is only necessary + that I should refer to previous communications made by me to the House + of Representatives. +</p> +<p> + The other bill was entitled "An act regulating the taking of testimony + in cases of contested elections, and for other purposes." This bill was + presented to me at a quarter past 1 o'clock on Wednesday, the 31st day + of August. The two Houses, by concurrent vote, had already agreed to + terminate the session by adjournment at 2 o'clock on that day—that is + to say, within three-quarters of an hour from the time the bill was + placed in my hands. It was a bill containing twenty-seven sections, and, + I need not say, of an important nature. +</p> +<p> + On its presentment to me its reading was immediately commenced, but was + interrupted by so many communications from the Senate and so many other + causes operating at the last hour of the session that it was impossible + to read the bill understandingly and with proper deliberation before the + hour fixed for the adjournment of the two Houses; and this, I presume, + is a sufficient reason for neither signing the bill nor returning it + with my objections. +</p> +<p> + The seventeenth joint rule of the two Houses of Congress declares + that "no bill or resolution that shall have passed the House of + Representatives and the Senate shall be presented to the President of + the United States for his approbation on the last day of the session." +</p> +<p> + This rule was evidently designed to give to the President a reasonable + opportunity of perusing important acts of Congress and giving them some + degree of consideration before signing or returning the same. +</p> +<p> + It is true that the two Houses have been in the habit of suspending this + rule toward the close of the session in relation to particular bills, + and it appears by the printed Journal that by concurrent votes of the + two Houses passed on the last day of the session the rule was agreed to + be suspended so far as the same should relate to all such bills as + should have been passed by the two Houses at 1 o'clock on that day. It + is exceedingly to be regretted that a necessity should ever exist for + such suspension in the case of bills of great importance, and therefore + demanding careful consideration. +</p> +<p> + As the bill has failed under the provisions of the Constitution to + become a law, I abstain from expressing any opinions upon its several + provisions, keeping myself wholly uncommitted as to my ultimate action + on any similar measure should the House think proper to originate it + <i>de novo</i>, except so far as my opinion of the unqualified power of + each House to decide for itself upon the elections, returns, and + qualifications of its own members has been expressed by me in a paper + lodged in the Department of State at the time of signing an act entitled + "An act for the apportionment of Representatives among the several + States according to the Sixth Census," approved June 22, 1842, a copy + of which is in possession of the House. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><a name="2H_4_0018"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + THIRD ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December, 1843</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + If any people ever had cause to render up thanks to the Supreme Being + for parental care and protection extended to them in all the trials + and difficulties to which they have been from time to time exposed, we + certainly are that people. From the first settlement of our forefathers + on this continent, through the dangers attendant upon the occupation + of a savage wilderness, through a long period of colonial dependence, + through the War of the Revolution, in the wisdom which led to the + adoption of the existing forms of republican government, in the hazards + incident to a war subsequently waged with one of the most powerful + nations of the earth, in the increase of our population, in the spread + of the arts and sciences, and in the strength and durability conferred + on political institutions emanating from the people and sustained by + their will, the superintendence of an overruling Providence has been + plainly visible. As preparatory, therefore, to entering once more upon + the high duties of legislation, it becomes us humbly to acknowledge + our dependence upon Him as our guide and protector and to implore a + continuance of His parental watchfulness over our beloved country. We + have new cause for the expression of our gratitude in the preservation + of the health of our fellow-citizens, with some partial and local + exceptions, during the past season, for the abundance with which the + earth has yielded up its fruits to the labors of the husbandman, for the + renewed activity which has been imparted to commerce, for the revival of + trade in all its departments, for the increased rewards attendant on + the exercise of the mechanic arts, for the continued growth of our + population and the rapidly reviving prosperity of the whole country. + I shall be permitted to exchange congratulations with you, gentlemen of + the two Houses of Congress, on these auspicious circumstances, and to + assure you in advance of my ready disposition to concur with you in the + adoption of all such measures as shall be calculated to increase the + happiness of our constituents and to advance the glory of our common + country. +</p> +<p> + Since the last adjournment of Congress the Executive has relaxed no + effort to render indestructible the relations of amity which so happily + exist between the United States and other countries. The treaty lately + concluded with Great Britain has tended greatly to increase the good + understanding which a reciprocity of interests is calculated to + encourage, and it is most ardently to be hoped that nothing may + transpire to interrupt the relations of amity which it is so obviously + the policy of both nations to cultivate. A question of much importance + still remains to be adjusted between them. The territorial limits of the + two countries in relation to what is commonly known as the Oregon + Territory still remain in dispute. The United States would be at all + times indisposed to aggrandize itself at the expense of any other + nation; but while they would be restrained by principles of honor, which + should govern the conduct of nations as well as that of individuals, + from setting up a demand for territory which does not belong to them, + they would as unwillingly consent to a surrender of their rights. After + the most rigid and, as far as practicable, unbiased examination of the + subject, the United States have always contended that their rights + appertain to the entire region of country lying on the Pacific and + embraced within 42° and 54° 40' of north latitude. This claim being + controverted by Great Britain, those who have preceded the present + Executive—actuated, no doubt, by an earnest desire to adjust the matter + upon terms mutually satisfactory to both countries—have caused to be + submitted to the British Government propositions for settlement and + final adjustment, which, however, have not proved heretofore acceptable + to it. Our minister at London has, under instructions, again brought the + subject to the consideration of that Government, and while nothing will + be done to compromit the rights or honor of the United States, every + proper expedient will be resorted to in order to bring the negotiation + now in the progress of resumption to a speedy and happy termination. In + the meantime it is proper to remark that many of our citizens are either + already established in the Territory or are on their way thither for the + purpose of forming permanent settlements, while others are preparing + to follow; and in view of these facts I must repeat the recommendation + contained in previous messages for the establishment of military posts + at such places on the line of travel as will furnish security and + protection to our hardy adventurers against hostile tribes of Indians + inhabiting those extensive regions. Our laws should also follow them, so + modified as the circumstances of the case may seem to require. Under the + influence of our free system of government new republics are destined + to spring up at no distant day on the shores of the Pacific similar + in policy and in feeling to those existing on this side of the Rocky + Mountains, and giving a wider and more extensive spread to the + principles of civil and religious liberty. +</p> +<p> + I am happy to inform you that the cases which have from time to time + arisen of the detention of American vessels by British cruisers on the + coast of Africa under pretense of being engaged in the slave trade have + been placed in a fair train of adjustment. In the case of the <i>William + and Francis</i> full satisfaction will be allowed. In the cases of the + <i>Tygris</i> and <i>Seamew</i> the British Government admits that satisfaction + is due. In the case of the <i>Jones</i> the sum accruing from the sale + of that vessel and cargo will be paid to the owners, while I can not + but flatter myself that full indemnification will be allowed for all + damages sustained by the detention of the vessel; and in the case of the + <i>Douglas</i> Her Majesty's Government has expressed its determination to + make indemnification. Strong hopes are therefore entertained that most, + if not all, of these cases will be speedily adjusted. No new cases have + arisen since the ratification of the treaty of Washington, and it is + confidently anticipated that the slave trade, under the operation of + the eighth article of that treaty, will be altogether suppressed. +</p> +<p> + The occasional interruption experienced by our fellow-citizens engaged + in the fisheries on the neighboring coast of Nova Scotia has not failed + to claim the attention of the Executive. Representations upon this + subject have been made, but as yet no definitive answer to those + representations has been received from the British Government. +</p> +<p> + Two other subjects of comparatively minor importance, but nevertheless + of too much consequence to be neglected, remain still to be adjusted + between the two countries. By the treaty between the United States and + Great Britain of July, 1815, it is provided that no higher duties shall + be levied in either country on articles imported from the other than on + the same articles imported from any other place. In 1836 rough rice by + act of Parliament was admitted from the coast of Africa into Great + Britain on the payment of a duty of 1 penny a quarter, while the same + article from all other countries, including the United States, was + subjected to the payment of a duty of 20 shillings a quarter. Our + minister at London has from time to time brought this subject to the + attention of the British Government, but so far without success. He is + instructed to renew his representations upon it. +</p> +<p> + Some years since a claim was preferred against the British Government on + the part of certain American merchants for the return of export duties + paid by them on shipments of woolen goods to the United States after the + duty on similar articles exported to other countries had been repealed, + and consequently in contravention of the commercial convention between + the two nations securing to us equality in such cases. The principle on + which the claim rests has long since been virtually admitted by Great + Britain, but obstacles to a settlement have from time to time been + interposed, so that a large portion of the amount claimed has not yet + been refunded. Our minister is now engaged in the prosecution of the + claim, and I can not but persuade myself that the British Government + will no longer delay its adjustment. +</p> +<p> + I am happy to be able to say that nothing has occurred to disturb in any + degree the relations of amity which exist between the United States and + France, Austria, and Russia, as well as with the other powers of Europe, + since the adjournment of Congress. Spain has been agitated with internal + convulsions for many years, from the effects of which, it is hoped, she + is destined speedily to recover, when, under a more liberal system of + commercial policy on her part, our trade with her may again fill its old + and, so far as her continental possessions are concerned, its almost + forsaken channels, thereby adding to the mutual prosperity of the two + countries. +</p> +<p> + The Germanic Association of Customs and Commerce, which since its + establishment in 1833 has been steadily growing in power and importance, + and consists at this time of more than twenty German States, and + embraces a population of 27,000,000 people united for all the purposes + of commercial intercourse with each other and with foreign states, + offers to the latter the most valuable exchanges on principles more + liberal than are offered in the fiscal system of any other European + power. From its origin the importance of the German union has never been + lost sight of by the United States. The industry, morality, and other + valuable qualities of the German nation have always been well known and + appreciated. On this subject I invite the attention of Congress to the + report of the Secretary of State, from which it will be seen that while + our cotton is admitted free of duty and the duty on rice has been much + reduced (which has already led to a greatly increased consumption), + a strong disposition has been recently evinced by that great body to + reduce, upon certain conditions, their present duty upon tobacco. This + being the first intimation of a concession on this interesting subject + ever made by any European power, I can not but regard it as well + calculated to remove the only impediment which has so far existed to + the most liberal commercial intercourse between us and them. In this + view our minister at Berlin, who has heretofore industriously pursued + the subject, has been instructed to enter upon the negotiation of a + commercial treaty, which, while it will open new advantages to the + agricultural interests of the United States and a more free and expanded + field for commercial operations, will affect injuriously no existing + interest of the Union. Should the negotiation be crowned with success, + its results will be communicated to both Houses of Congress. +</p> +<p> + I communicate herewith certain dispatches received from our minister at + Mexico, and also a correspondence which has recently occurred between + the envoy from that Republic and the Secretary of State. It must but be + regarded as not a little extraordinary that the Government of Mexico, + in anticipation of a public discussion (which it has been pleased to + infer from newspaper publications as likely to take place in Congress, + relating to the annexation of Texas to the United States), should have + so far anticipated the result of such discussion as to have announced + its determination to visit any such anticipated decision by a formal + declaration of war against the United States. If designed to prevent + Congress from introducing that question as a fit subject for its calm + deliberation and final judgment, the Executive has no reason to doubt + that it will entirely fail of its object. The representatives of a brave + and patriotic people will suffer no apprehension of future consequences + to embarrass them in the course of their proposed deliberations, nor + will the executive department of the Government fail for any such cause + to discharge its whole duty to the country. +</p> +<p> + The war which has existed for so long a time between Mexico and Texas + has since the battle of San Jacinto consisted for the most part of + predatory incursions, which, while they have been attended with much of + suffering to individuals and have kept the borders of the two countries + in a state of constant alarm, have failed to approach to any definitive + result. Mexico has fitted out no formidable armament by land or by sea + for the subjugation of Texas. Eight years have now elapsed since Texas + declared her independence of Mexico, and during that time she has been + recognized as a sovereign power by several of the principal civilized + states. Mexico, nevertheless, perseveres in her plans of reconquest, and + refuses to recognize her independence. The predatory incursions to which + I have alluded have been attended in one instance with the breaking up + of the courts of justice, by the seizing upon the persons of the judges, + jury, and officers of the court and dragging them along with unarmed, + and therefore noncombatant, citizens into a cruel and oppressive + bondage, thus leaving crime to go unpunished and immorality to pass + unreproved. A border warfare is evermore to be deprecated, and over such + a war as has existed for so many years between these two States humanity + has had great cause to lament. Nor is such a condition of things to be + deplored only because of the individual suffering attendant upon it. The + effects are far more extensive. The Creator of the Universe has given + man the earth for his resting place and its fruits for his subsistence. + Whatever, therefore, shall make the first or any part of it a scene of + desolation affects injuriously his heritage and may be regarded as a + general calamity. Wars may sometimes be necessary, but all nations have + a common interest in bringing them speedily to a close. The United + States have an immediate interest in seeing an end put to the state of + hostilities existing between Mexico and Texas. They are our neighbors, + of the same continent, with whom we are not only desirous of cultivating + the relations of amity, but of the most extended commercial intercourse, + and to practice all the rites of a neighborhood hospitality. Our own + interests are involved in the matter, since, however neutral may be our + course of policy, we can not hope to escape the effects of a spirit of + jealousy on the part of both of the powers. Nor can this Government be + indifferent to the fact that a warfare such as is waged between those + two nations is calculated to weaken both powers and finally to render + them—and especially the weaker of the two—the subjects of interference + on the part of stronger and more powerful nations, who, intent only on + advancing their own peculiar views, may sooner or later attempt to bring + about a compliance with terms as the condition of their interposition + alike derogatory to the nation granting them and detrimental to the + interests of the United States. We could not be expected quietly to + permit any such interference to our disadvantage. Considering that Texas + is separated from the United States by a mere geographical line; that + her territory, in the opinion of many, down to a late period formed a + portion of the territory of the United States; that it is homogeneous + in its population and pursuits with the adjoining States, makes + contributions to the commerce of the world in the same articles with + them, and that most of her inhabitants have been citizens of the United + States, speak the same language, and live under similar political + institutions with ourselves, this Government is bound by every + consideration of interest as well as of sympathy to see that she shall + be left free to act, especially in regard to her domestic affairs, + unawed by force and unrestrained by the policy or views of other + countries. In full view of all these considerations, the Executive has + not hesitated to express to the Government of Mexico how deeply it + deprecated a continuance of the war and how anxiously it desired to + witness its termination. I can not but think that it becomes the United + States, as the oldest of the American Republics, to hold a language to + Mexico upon this subject of an unambiguous character. It is time that + this war had ceased. There must be a limit to all wars, and if the + parent state after an eight years' struggle has failed to reduce to + submission a portion of its subjects standing out in revolt against it, + and who have not only proclaimed themselves to be independent, but have + been recognized as such by other powers, she ought not to expect that + other nations will quietly look on, to their obvious injury, upon a + protraction of hostilities. These United States threw off their colonial + dependence and established independent governments, and Great Britain, + after having wasted her energies in the attempt to subdue them for a + less period than Mexico has attempted to subjugate Texas, had the wisdom + and justice to acknowledge their independence, thereby recognizing the + obligation which rested on her as one of the family of nations. An + example thus set by one of the proudest as well as most powerful nations + of the earth it could in no way disparage Mexico to imitate. While, + therefore, the Executive would deplore any collision with Mexico or + any disturbance of the friendly relations which exist between the two + countries, it can not permit that Government to control its policy, + whatever it may be, toward Texas, but will treat her—as by the + recognition of her independence the United States have long since + declared they would do—as entirely independent of Mexico. The high + obligations of public duty may enforce from the constituted authorities + of the United States a policy which the course persevered in by Mexico + will have mainly contributed to produce, and the Executive in such a + contingency will with confidence throw itself upon the patriotism of + the people to sustain the Government in its course of action. +</p> +<p> + Measures of an unusual character have recently been adopted by the + Mexican Government, calculated in no small degree to affect the trade + of other nations with Mexico and to operate injuriously to the United + States. All foreigners, by a decree of the 23d day of September, and + after six months from the day of its promulgation, are forbidden to + carry on the business of selling by retail any goods within the confines + of Mexico. Against this decree our minister has not failed to + remonstrate. +</p> +<p> + The trade heretofore carried on by our citizens with Santa Fe, + in which much capital was already invested and which was becoming of + daily increasing importance, has suddenly been arrested by a decree of + virtual prohibition on the part of the Mexican Government. Whatever may + be the right of Mexico to prohibit any particular course of trade to the + citizens or subjects of foreign powers, this late procedure, to say the + least of it, wears a harsh and unfriendly aspect. +</p> +<p> + The installments on the claims recently settled by the convention with + Mexico have been punctually paid as they have fallen due, and our + minister is engaged in urging the establishment of a new commission in + pursuance of the convention for the settlement of unadjusted claims. +</p> +<p> + With the other American States our relations of amity and good will have + remained uninterrupted. Our minister near the Republic of New Granada + has succeeded in effecting an adjustment of the claim upon that + Government for the schooner <i>By Chance</i>, which had been pending for many + years. The claim for the brig <i>Morris</i>, which had its origin during the + existence of the Republic of Colombia, and indemnification for which + since the dissolution of that Republic has devolved upon its several + members, will be urged with renewed zeal. +</p> +<p> + I have much pleasure in saying that the Government of Brazil has + adjusted the claim upon that Government in the case of the schooner + <i>John S. Bryan</i>, and that sanguine hopes are entertained that the same + spirit of justice will influence its councils in arriving at an early + decision upon the remaining claims, thereby removing all cause of + dissension between two powers whose interests are to some extent + interwoven with each other. +</p> +<p> + Our minister at Chili has succeeded in inducing a recognition by that + Government of the adjustment effected by his predecessor of the first + claim in the case of the <i>Macedonian</i>. The first installment has been + received by the claimants in the United States. +</p> +<p> + Notice of the exchange of ratifications of the treaty with Peru, which + will take place at Lima, has not yet reached this country, but is + shortly expected to be received, when the claims upon that Republic will + doubtless be liquidated and paid. +</p> +<p> + In consequence of a misunderstanding between this Government and that of + Buenos Ayres, occurring several years ago, this Government has remained + unrepresented at that Court, while a minister from it has been + constantly resident here. The causes of irritation have in a great + measure passed away, and it is in contemplation, in view of important + interests which have grown up in that country, at some early period + during the present session of Congress, with the concurrence of the + Senate, to restore diplomatic relations between the two countries. +</p> +<p> + Under the provisions of an act of Congress of the last session a + minister was dispatched from the United States to China in August of the + present year, who, from the latest accounts we have from him, was at + Suez, in Egypt, on the 25th of September last, on his route to China. +</p> +<p> + In regard to the Indian tribes residing within our jurisdictional + limits, the greatest vigilance of the Government has been exerted to + preserve them at peace among themselves and to inspire them with + feelings of confidence in the justice of this Government and to + cultivate friendship with the border inhabitants. This has happily + succeeded to a great extent, but it is a subject of regret that they + suffer themselves in some instances to be imposed upon by artful and + designing men, and this notwithstanding all efforts of the Government + to prevent it. +</p> +<p> + The receipts into the Treasury for the calendar year 1843, exclusive + of loans, were little more than $18,000,000, and the expenditures, + exclusive of the payments on the public debt, will have been about + $23,000,000. By the act of 1842 a new arrangement of the fiscal year was + made, so that it should commence on the 1st day of July in each year. + The accounts and estimates for the current fiscal year will show that + the loans and Treasury notes made and issued before the close of the + last Congress to meet the anticipated deficiency have not been entirely + adequate. Although on the 1st of October last there was a balance in the + Treasury, in consequence of the provisions thus made, of $3,914,082.77, + yet the appropriations already made by Congress will absorb that balance + and leave a probable deficiency of $2,000,000 at the close of the + present fiscal year. There are outstanding Treasury notes to about the + amount of $4,600,000, and should they be returned upon the Treasury + during the fiscal year they will require provision for their redemption. + I do not, however, regard this as probable, since they have obviously + entered into the currency of the country and will continue to form a + portion of it if the system now adopted be continued. The loan of 1841, + amounting to $5,672,976.88, falls due on the 1st day of January, 1845, + and must be provided for or postponed by a new loan; and unless the + resources of revenue should be materially increased by you there will be + a probable deficiency for the service of the fiscal year ending June 30, + 1845, of upward of $4,000,000. +</p> +<p> + The delusion incident to an enormously excessive paper circulation, + which gave a fictitious value to everything and stimulated adventure and + speculation to an extravagant extent, has been happily succeeded by the + substitution of the precious metals and paper promptly redeemable in + specie; and thus false values have disappeared and a sounder condition + of things has been introduced. This transition, although intimately + connected with the prosperity of the country, has nevertheless been + attended with much embarrassment to the Government in its financial + concerns. So long as the foreign importers could receive payment for + their cargoes in a currency of greatly less value than that in Europe, + but fully available here in the purchase of our agricultural productions + (their profits being immeasurably augmented by the operation), the + shipments were large and the revenues of the Government became + superabundant. But the change in the character of the circulation from a + nominal and apparently real value in the first stage of its existence + to an obviously depreciated value in its second, so that it no longer + answered the purposes of exchange or barter, and its ultimate + substitution by a sound metallic and paper circulation combined, has + been attended by diminished importations and a consequent falling off + in the revenue. This has induced Congress, from 1837, to resort to the + expedient of issuing Treasury notes, and finally of funding them, in + order to supply deficiencies. I can not, however, withhold the remark + that it is in no way compatible with the dignity of the Government that + a public debt should be created in time of peace to meet the current + expenses of the Government, or that temporary expedients should be + resorted to an hour longer than it is possible to avoid them. The + Executive can do no more than apply the means which Congress places in + its hands for the support of Government, and, happily for the good of + the country and for the preservation of its liberties, it possesses + no power to levy exactions on the people or to force from them + contributions to the public revenue in any form. It can only recommend + such measures as may in its opinion be called for by the wants of the + public service to Congress, with whom alone rests the power to "lay and + collect taxes, duties, imposts, and excises." This duty has upon several + occasions heretofore been performed. The present condition of things + gives flattering promise that trade and commerce are rapidly reviving, + and, fortunately for the country, the sources of revenue have only to + be opened in order to prove abundant. +</p> +<p> + While we can anticipate no considerable increase in the proceeds of the + sales of the public lands, for reasons perfectly obvious to all, for + several years to come, yet the public lands can not otherwise than be + regarded as the foundation of the public credit. With so large a body + of the most fertile lands in the world under the control and at the + disposal of this Government, no one can reasonably doubt the entire + ability to meet its engagements under every emergency. In seasons of + trial and difficulty similar to those through which we are passing the + capitalist makes his investments in the Government stocks with the most + assured confidence of ultimate reimbursement; and whatever may be said + of a period of great financial prosperity, such as existed for some + years after 1833, I should regard it as suicidal in a season of + financial embarrassment either to alienate the lands themselves or the + proceeds arising from their sales. The first and paramount duty of those + to whom may be intrusted the administration of public affairs is to + guard the public credit. In reestablishing the credit of this central + Government the readiest and most obvious mode is taken to restore + the credit of the States. The extremities can only be made sound by + producing a healthy action in the central Government, and the history of + the present day fully establishes the fact that an increase in the value + of the stocks of this Government will in a great majority of instances + be attended by an increase in the value of the stocks of the States. It + should therefore be a matter of general congratulation that amidst all + the embarrassments arising from surrounding circumstances the credit + of the Government should have been so fully restored that it has been + enabled to effect a loan of $7,000,000 to redeem that amount of Treasury + notes on terms more favorable than any that have been offered for many + years. And the 6 per cent stock which was created in 1842 has advanced + in the hands of the holders nearly 20 per cent above its par value. The + confidence of the people in the integrity of their Government has thus + been signally manifested. These opinions relative to the public lands + do not in any manner conflict with the observance of the most liberal + policy toward those of our fellow-citizens who press forward into the + wilderness and are the pioneers in the work of its reclamation. In + securing to all such their rights of preemption the Government performs + but an act of retributive justice for sufferings encountered and + hardships endured, and finds ample remuneration in the comforts which + its policy insures and the happiness which it imparts. +</p> +<p> + Should a revision of the tariff with a view to revenue become necessary + in the estimation of Congress, I doubt not you will approach the subject + with a just and enlightened regard to the interests of the whole Union. + The principles and views which I have heretofore had occasion to submit + remain unchanged. It can, however, never be too often repeated that the + prominent interest of every important pursuit of life requires for + success permanency and stability in legislation. These can only be + attained by adopting as the basis of action moderation in all things, + which is as indispensably necessary to secure the harmonious action of + the political as of the animal system. In our political organization no + one section of the country should desire to have its supposed interests + advanced at the sacrifice of all others, but union, being the great + interest, equally precious to all, should be fostered and sustained by + mutual concessions and the cultivation of that spirit of compromise from + which the Constitution itself proceeded. +</p> +<p> + You will be informed by the report from the Treasury Department of the + measures taken under the act of the last session authorizing the reissue + of Treasury notes in lieu of those then outstanding. The system adopted + in pursuance of existing laws seems well calculated to save the country + a large amount of interest, while it affords conveniences and obviates + dangers and expense in the transmission of funds to disbursing agents. + I refer you also to that report for the means proposed by the Secretary + to increase the revenue, and particularly to that portion of it which + relates to the subject of the warehousing system, which I earnestly + urged upon Congress at its last session and as to the importance of + which my opinion has undergone no change. +</p> +<p> + In view of the disordered condition of the currency at the time and + the high rates of exchange between different parts of the country, + I felt it to be incumbent on me to present to the consideration of + your predecessors a proposition conflicting in no degree with the + Constitution or with the rights of the States and having the sanction + (not in detail, but in principle) of some of the eminent men who have + preceded me in the Executive office. That proposition contemplated the + issuing of Treasury notes of denominations of not less than $5 nor more + than $100, to be employed in the payment of the obligations of the + Government in lieu of gold and silver at the option of the public + creditor, and to an amount not exceeding $15,000,000. It was proposed + to make them receivable everywhere and to establish at various points + depositories of gold and silver to be held in trust for the redemption + of such notes, so as to insure their convertibility into specie. No + doubt was entertained that such notes would have maintained a par value + with gold and silver, thus furnishing a paper currency of equal value + over the Union, thereby meeting the just expectations of the people and + fulfilling the duties of a parental government. Whether the depositories + should be permitted to sell or purchase bills under very limited + restrictions, together with all its other details, was submitted to + the wisdom of Congress and was regarded as of secondary importance. + I thought then and think now that such an arrangement would have been + attended with the happiest results. The whole matter of the currency + would have been placed where by the Constitution it was designed to be + placed—under the immediate supervision and control of Congress. + The action of the Government would have been independent of all + corporations, and the same eye which rests unceasingly on the specie + currency and guards it against adulteration would also have rested on + the paper currency, to control and regulate its issues and protect it + against depreciation. The same reasons which would forbid Congress from + parting with the power over the coinage would seem to operate with + nearly equal force in regard to any substitution for the precious metals + in the form of a circulating medium. Paper when substituted for specie + constitutes a standard of value by which the operations of society are + regulated, and whatsoever causes its depreciation affects society to an + extent nearly, if not quite, equal to the adulteration of the coin. Nor + can I withhold the remark that its advantages contrasted with a bank + of the United States, apart from the fact that a bank was esteemed as + obnoxious to the public sentiment as well on the score of expediency + as of constitutionalty, appeared to me to be striking and obvious. + The relief which a bank would afford by an issue of $15,000,000 of its + notes, judging from the experience of the late United States Bank, would + not have occurred in less than fifteen years, whereas under the proposed + arrangement the relief arising from the issue of $15,000,000 of Treasury + notes would have been consummated in one year, thus furnishing in + one-fifteenth part of the time in which a bank could have accomplished + it a paper medium of exchange equal in amount to the real wants of the + country at par value with gold and silver. The saving to the Government + would have been equal to all the interest which it has had to pay on + Treasury notes of previous as well as subsequent issues, thereby + relieving the Government and at the same time affording relief to the + people. Under all the responsibilities attached to the station which + I occupy, and in redemption of a pledge given to the last Congress + at the close of its first session, I submitted the suggestion to its + consideration at two consecutive sessions. The recommendation, however, + met with no favor at its hands. While I am free to admit that the + necessities of the times have since become greatly ameliorated and that + there is good reason to hope that the country is safely and rapidly + emerging from the difficulties and embarrassments which everywhere + surrounded it in 1841, yet I can not but think that its restoration to + a sound and healthy condition would be greatly expedited by a resort + to the expedient in a modified form. +</p> +<p> + The operations of the Treasury now rest upon the act of 1789 and the + resolution of 1816, and those laws have been so administered as to + produce as great a quantum of good to the country as their provisions + are capable of yielding. If there had been any distinct expression of + opinion going to show that public sentiment is averse to the plan, + either as heretofore recommended to Congress or in a modified form, + while my own opinion in regard to it would remain unchanged I should be + very far from again presenting it to your consideration. The Government + has originated with the States and the people, for their own benefit and + advantage, and it would be subversive of the foundation principles of + the political edifice which they have reared to persevere in a measure + which in their mature judgments they had either repudiated or condemned. + The will of our constituents clearly expressed should be regarded as the + light to guide our footsteps, the true difference between a monarchical + or aristocratical government and a republic being that in the first the + will of the few prevails over the will of the many, while in the last + the will of the many should be alone consulted. +</p> +<p> + The report of the Secretary of War will bring you acquainted with the + condition of that important branch of the public service. The Army may + be regarded, in consequence of the small number of the rank and file in + each company and regiment, as little more than a nucleus around which + to rally the military force of the country in case of war, and yet + its services in preserving the peace of the frontiers are of a most + important nature. In all cases of emergency the reliance of the country + is properly placed in the militia of the several States, and it may well + deserve the consideration of Congress whether a new and more perfect + organization might not be introduced, looking mainly to the volunteer + companies of the Union for the present and of easy application to the + great body of the militia in time of war. +</p> +<p> + The expenditures of the War Department have been considerably reduced in + the last two years. Contingencies, however, may arise which would call + for the filling up of the regiments with a full complement of men and + make it very desirable to remount the corps of dragoons, which by an act + of the last Congress was directed to be dissolved. +</p> +<p> + I refer you to the accompanying report of the Secretary for information + in relation to the Navy of the United States. While every effort has + been and will continue to be made to retrench all superfluities and lop + off all excrescences which from time to time may have grown up, yet it + has not been regarded as wise or prudent to recommend any material + change in the annual appropriations. The interests which are involved + are of too important a character to lead to the recommendation of any + other than a liberal policy. Adequate appropriations ought to be made to + enable the Executive to fit out all the ships that are now in a course + of building or that require repairs for active service in the shortest + possible time should any emergency arise which may require it. An + efficient navy, while it is the cheapest means of public defense, + enlists in its support the feelings of pride and confidence which + brilliant deeds and heroic valor have heretofore served to strengthen + and confirm. +</p> +<p> + I refer you particularly to that part of the Secretary's report which + has reference to recent experiments in the application of steam and in + the construction of our war steamers, made under the superintendence + of distinguished officers of the Navy. In addition to other manifest + improvements in the construction of the steam engine and application of + the motive power which has rendered them more appropriate to the uses of + ships of war, one of those officers has brought into use a power which + makes the steamship most formidable either for attack or defense. I can + not too strongly recommend this subject to your consideration and do not + hesitate to express my entire conviction of its great importance. +</p> +<p> + I call your particular attention also to that portion of the Secretary's + report which has reference to the act of the late session of Congress + which prohibited the transfer of any balance of appropriation from other + heads of appropriation to that for building, equipment, and repair. + The repeal of that prohibition will enable the Department to give + renewed employment to a large class of workmen who have been necessarily + discharged in consequence of the want of means to pay them—a + circumstance attended, especially at this season of the year, with much + privation and suffering. +</p> +<p> + It gives me great pain to announce to you the loss of the steamship + the <i>Missouri</i> by fire in the Bay of Gibraltar, where she had stopped + to renew her supplies of coal on her voyage to Alexandria, with Mr. + Cushing, the American minister to China, on board. There is ground + for high commendation of the officers and men for the coolness and + intrepidity and perfect submission to discipline evinced under the most + trying circumstances. Surrounded by a raging fire, which the utmost + exertions could not subdue, and which threatened momentarily the + explosion of her well-supplied magazines, the officers exhibited no + signs of fear and the men obeyed every order with alacrity. Nor was she + abandoned until the last gleam of hope of saving her had expired. It is + well worthy of your consideration whether the losses sustained by the + officers and crew in this unfortunate affair should not be reimbursed + to them. +</p> +<p> + I can not take leave of this painful subject without adverting to the + aid rendered upon the occasion by the British authorities at Gibraltar + and the commander, officers, and crew of the British ship of the line + the <i>Malabar</i>, which was lying at the time in the bay. Everything that + generosity or humanity could dictate was promptly performed. It is by + such acts of good will by one to another of the family of nations that + fraternal feelings are nourished and the blessings of permanent peace + secured. +</p> +<p> + The report of the Postmaster-General will bring you acquainted with the + operations of that Department during the past year, and will suggest + to you such modifications of the existing laws as in your opinion + the exigencies of the public service may require. The change which + the country has undergone of late years in the mode of travel and + transportation has afforded so many facilities for the transmission of + mail matter out of the regular mail as to require the greatest vigilance + and circumspection in order to enable the officer at the head of the + Department to restrain the expenditures within the income. There is also + too much reason to fear that the franking privilege has run into great + abuse. The Department, nevertheless, has been conducted with the + greatest vigor, and has attained at the least possible expense all the + useful objects for which it was established. +</p> +<p> + In regard to all the Departments, I am quite happy in the belief that + nothing has been left undone which was called for by a true spirit of + economy or by a system of accountability rigidly enforced. This is in + some degree apparent from the fact that the Government has sustained no + loss by the default of any of its agents. In the complex, but at the + same time beautiful, machinery of our system of government, it is not + a matter of surprise that some remote agency may have failed for an + instant to fulfill its desired office; but I feel confident in the + assertion that nothing has occurred to interrupt the harmonious action + of the Government itself, and that, while the laws have been executed + with efficiency and vigor, the rights neither of States nor individuals + have been trampled on or disregarded. +</p> +<p> + In the meantime the country has been steadily advancing in all that + contributes to national greatness. The tide of population continues + unbrokenly to flow into the new States and Territories, where a refuge + is found not only for our native-born fellow-citizens, but for emigrants + from all parts of the civilized world, who come among us to partake of + the blessings of our free institutions and to aid by their labor to + swell the current of our wealth and power. +</p> +<p> + It is due to every consideration of public policy that the lakes and + rivers of the West should receive all such attention at the hands + of Congress as the Constitution will enable it to bestow. Works in + favorable and proper situations on the Lakes would be found to be as + indispensably necessary, in case of war, to carry on safe and successful + naval operations as fortifications on the Atlantic seaboard. The + appropriation made by the last Congress for the improvement of the + navigation of the Mississippi River has been diligently and efficiently + applied. +</p> +<p> + I can not close this communication, gentlemen, without recommending + to your most favorable consideration the interests of this District. + Appointed by the Constitution its exclusive legislators, and forming + in this particular the only anomaly in our system of government—of the + legislative body being elected by others than those for whose advantage + they are to legislate—you will feel a superadded obligation to look + well into their condition and to leave no cause for complaint or regret. + The seat of Government of our associated republics can not but be + regarded as worthy of your parental care. +</p> +<p> + In connection with its other interests, as well as those of the whole + country, I recommend that at your present session you adopt such + measures in order to carry into effect the Smithsonian bequest as in + your judgment will be best calculated to consummate the liberal intent + of the testator. +</p> +<p> + When, under a dispensation of Divine Providence, I succeeded to the + Presidential office, the state of public affairs was embarrassing and + critical. To add to the irritation consequent upon a long-standing + controversy with one of the most powerful nations of modern times, + involving not only questions of boundary (which under the most favorable + circumstances are always embarrassing), but at the same time important + and high principles of maritime law, border controversies between + the citizens and subjects of the two countries had engendered a + state of feeling and of conduct which threatened the most calamitous + consequences. The hazards incident to this state of things were greatly + heightened by the arrest and imprisonment of a subject of Great Britain, + who, acting (as it was alleged) as a part of a military force, had aided + in the commission of an act violative of the territorial jurisdiction of + the United States and involving the murder of a citizen of the State of + New York. A large amount of claims against the Government of Mexico + remained unadjusted and a war of several years' continuance with the + savage tribes of Florida still prevailed, attended with the desolation + of a large portion of that beautiful Territory and with the sacrifice of + many valuable lives. To increase the embarrassments of the Government, + individual and State credit had been nearly stricken down and confidence + in the General Government was so much impaired that loans of a small + amount could only be negotiated at a considerable sacrifice. As a + necessary consequence of the blight which had fallen on commerce and + mechanical industry, the ships of the one were thrown out of employment + and the operations of the other had been greatly diminished. Owing to + the condition of the currency, exchanges between different parts of + the country had become ruinously high and trade had to depend on a + depreciated paper currency in conducting its transactions. I shall + be permitted to congratulate the country that under an overruling + Providence peace was preserved without a sacrifice of the national + honor; the war in Florida was brought to a speedy termination; a large + portion of the claims on Mexico have been fully adjudicated and are in + a course of payment, while justice has been rendered to us in other + matters by other nations; confidence between man and man is in a great + measure restored and the credit of this Government fully and perfectly + reestablished; commerce is becoming more and more extended in its + operations and manufacturing and mechanical industry once more reap the + rewards of skill and labor honestly applied; the operations of trade + rest on a sound currency and the rates of exchange are reduced to their + lowest amount. +</p> +<p> + In this condition of things I have felt it to be my duty to bring to + your favorable consideration matters of great interest in their present + and ultimate results; and the only desire which I feel in connection + with the future is and will continue to be to leave the country + prosperous and its institutions unimpaired. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><a name="2H_4_0019"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + CITY OF WASHINGTON, <i>December 8, 1843</i>. +</p> +<p> + <i>To the 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 which have been made in + that Department in pursuance of the power vested in the President of the + United States by the act of Congress of the 3d 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"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 12, 1843</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 convention for the surrender of criminals between + the United States of America and His Majesty the King of the French, + signed at this place on the 9th day of November last by the Secretary + of State and the minister plenipotentiary <i>ad interim</i> from the French + Government to the United States. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>December 16, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + The two Houses of Congress at their last session passed a joint + resolution, which originated in the House of Representatives, + "presenting the thanks of Congress to Samuel T. Washington for the + service sword of George Washington and the staff of Benjamin Franklin, + presented by him to Congress." This resolution (in consequence, + doubtless, of a merely accidental omission) did not reach me until after + the adjournment of Congress, and therefore did not receive my approval + and signature, which it would otherwise promptly have received. I + nevertheless felt myself at liberty and deemed it entirely proper to + communicate a copy of the resolution to Mr. Washington, as is manifested + by the accompanying copy of the letter which I addressed to him. The + joint resolution, together with a copy of the letter, is deposited in + the Department of State, and can be withdrawn and communicated to the + House if it see cause to require them. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<center> + [From Miscellaneous Letters, Department of State.] +</center> +<center> + SAMUEL T. WASHINGTON, Esq. +</center> +<p class="r"> + WASHINGTON, <i>April 27</i>. +</p> +<p> + DEAR SIR: I send you a copy of a joint resolution of the two Houses of + Congress expressive of the estimate which they place upon the presents + which you recently made to the United States of the sword used by your + illustrious relative, George Washington, in the military career of his + early youth in the Seven Years' War, and throughout the War of our + National Independence, and of the staff bequeathed by the patriot, + statesman, and sage Benjamin Franklin to the same leader of the armies + of freedom in the Revolutionary War, George Washington. +</p> +<p> + These precious relics have been accepted in the name of the nation, and + have been deposited among its archives. +</p> +<p> + I avail myself of the opportunity afforded in the performance of this + pleasing task to tender you assurances of my high respect and esteem. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<center> + [From Pocketed Laws, Department of State.] +</center> +<p> + JOINT RESOLUTION presenting the thanks of Congress to Samuel T. + Washington for the service sword of George Washington and the staff of + Benjamin Franklin, presented by him to Congress. +</p> +<p> + <i>Resolved unanimously by the Senate and House of Representatives of the + United States of America in Congress assembled</i>, That the thanks of this + Congress be presented to Samuel T. Washington, of Kanawha County, Va., + for the present of the sword used by his illustrious relative, George + Washington, in the military career of his early youth in the Seven + Years' War, and throughout the War of our National Independence, and of + the staff bequeathed by the patriot, statesman, and sage Benjamin + Franklin to the same leader of the armies of freedom in the + Revolutionary War, George Washington. +</p> +<p> + That these precious relics are hereby accepted in the name of the + nation; that they be deposited for safe-keeping in the Department of + State of the United States; and that a copy of this resolution, signed + by the President of the Senate and the Speaker of the House of + Representatives, be transmitted to the said Samuel T. Washington. +</p> +<p class="r"> +JOHN WHITE,<br> + <i>Speaker of the House of Representatives</i>. +</p> +<p class="r"> +WILLIE P. MANGUM,<br> + <i>President of the Senate pro tempore</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 26, 1843</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a communication from the War Department, containing + all the information and correspondence in that Department "on the + subject of the 'mountain howitzer' taken by Lieutenant Fremont on the + expedition to the Oregon" [Territory], as requested by the resolution of + the Senate of the 18th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>December 27, 1843</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I lay before the Senate a convention for the settlement of the claims + of the citizens and Government of the Mexican Republic against the + Government of the United States and of the citizens and Government of + the United States against the Government of the Mexican Republic, signed + in the City of Mexico on the 20th of last month. +</p> +<p> + I am happy to believe that this convention provides as fully as is + practicable for the adjustment of all claims of our citizens on the + Government of Mexico. That Government has thus afforded a gratifying + proof of its promptness and good faith in observing the stipulation of + the sixth article of the convention of the 30th of January last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>January 8, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit a report<a href="#note-94"><small>94</small></a> made by the Secretary of the Navy in + pursuance of the provisions of the act of the 3d March, 1843. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 10, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit the accompanying letter<a href="#note-95"><small>95</small></a> from the Secretary of State, and + copy of a correspondence between that officer and the minister from + Portugal near this Government, to which I invite the attention of + Congress. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 16, 1844</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 10th + instant, requesting the President to communicate to that body "copies of + all correspondence with any foreign government relative to the title, + boundary, discovery, and settlement of the Territory of Oregon," I have + to state that the information called for by the House has been already + from time to time transmitted to Congress, with the exception of such + correspondence as has been held within the last few months between the + Department of State and our minister at London; that there is a prospect + of opening a negotiation on the subject of the northwestern boundary of + the United States immediately after the arrival at Washington of the + newly appointed British minister, now daily expected; and that under + existing circumstances it is deemed inexpedient, with a view to the + public interest, to furnish a copy of the correspondence above + mentioned. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, <i>January 17, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 26th ultimo, I + transmit herewith a report of the Secretary of War, with a copy of the + proceedings of the court-martial in the case of Second Lieutenant D.C. + Buell, Third Infantry, and of all orders and papers in relation thereto. +</p> +<p> + It will be perceived that at the date of the resolution the final action + of the Executive was not had upon the case. That action having since + taken place, it is communicated with the papers. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>January 19, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with your resolution of the 15th December, 1843, + requesting "such information as may be on file in any of the Departments + relative to the formation of a junction between the Atlantic and Pacific + oceans," I transmit herewith a letter from the Secretary of State, with + accompanying documents, in relation thereto. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>January 24, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I communicate to the House of Representatives a report from the + Secretary of State, under date of the 7th ultimo, accompanied by a copy + of a note from the Chevalier de Argaïz, on the subject of the schooner + <i>Amistad</i>. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>January 26, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report of the Secretary of War and accompanying + papers, containing the information respecting the Indians remaining at + present in Florida, requested by a resolution of the House of + Representatives of the 10th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>January 30, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit a report<a href="#note-96"><small>96</small></a> of the War Department, prepared under a + resolution of the Senate of the 4th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 6, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of the + 22d January, I herewith transmit a letter<a href="#note-97"><small>97</small></a> from the Secretary of the + Navy, containing all the information in the possession of that + Department on the subject to which the resolution refers. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 7, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate of the United States, in answer to their + resolution of the 9th of January last, a report<a href="#note-98"><small>98</small></a> from the Secretary + of State and a report<a href="#note-99"><small>99</small></a> from the Secretary of War. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 9, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 31st January, I + herewith transmit the accompanying letter<a href="#note-100"><small>100</small></a> from the Secretary of the + Navy. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 12, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate articles of agreement between the + Delawares and Wyandots, by which the Delawares propose to convey to the + Wyandots certain lands therein mentioned, for the ratification and + approval of the Senate, together with the accompanying documents, marked + A and B. +</p> +<p> + My mind is not clear of doubt as to the power of the Executive to act in + the matter, but being opposed to the assumption of any doubtful power, + I have considered it best to submit the agreement to your consideration. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 12, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a letter from the governor of Iowa, accompanied by + a memorial from the legislative assembly of that Territory, asking + admission as an independent State into the Union. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 12, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith the copy of a report made by Captain R.F. Stockton, + of the United States Navy, relative to the vessel of war the + <i>Princeton</i>, which has been constructed under his supervision and + direction, and recommend the same to the attentive consideration of + Congress. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + FEBRUARY 15, 1844. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate herewith a letter from the Secretary of the Treasury, + submitting a report from the Commissioner of the General Land Office and + accompanying papers, in answer to a resolution adopted by the Senate on + the 6th instant, requesting certain information respecting the receipt + by local land officers of fees not authorized by law and the measures + which have been adopted in reference thereto. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>February 15, 1844</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + In compliance with the request contained in the accompanying letter from + the governor of the State of Kentucky, I herewith transmit certain + resolutions<a href="#note-101"><small>101</small></a> adopted by the legislature of that State, in relation + to a digest of the decisions of the Supreme Court of the United States. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1844</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith a report<a href="#note-102"><small>102</small></a> from the Secretary of War, containing + the information requested in the resolution of the House of + Representatives of the 29th ultimo. +</p> +<p> + In order to a full understanding of the matter I have deemed it proper + to transmit with the information requested a copy of the reply of the + Adjutant-General to Brevet Major-General Gaines, with the documents to + which it refers. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a report<a href="#note-103"><small>103</small></a> from the Secretary of State, with + accompanying documents, in answer to their resolution of the 31st of + January last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1844</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 16th instant, a report<a href="#note-104"><small>104</small></a> from the Secretary of + State, with the correspondence therein referred to. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 23, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of the Navy, + to which I invite the particular attention of Congress. The act + entitled "An act to authorize the President of the United States to + direct transfers of appropriation in the naval service under certain + circumstances" has this day met with my approval, under no expectation + that it can be rendered available to the present wants of the service, + but as containing an exposition of the views of Congress as to the + entire policy of transfers from one head of appropriation to any + other in the naval service and as a guide to the Executive in the + administration of the duties of that Department. The restrictions + laid upon the power to transfer by the latter clauses of the act have + rendered its passage of no avail at the present moment. +</p> +<p> + It will, however, be perceived by the document accompanying the report + of the Secretary that there has been realized by recent sales of old + iron, copper, and other materials the sum of $116,922.79. These sales + were ordered for the express purpose of enabling the Executive to + complete certain ships now on the stocks, the completion of which is + called for by the economical wants of the service; and the doubt + existing as to the power of the Government to apply this sum to the + objects contemplated proceeds from the fact that the late Secretary of + the Navy directed them to be placed in the Treasury, although in doing + so he had no intention of diverting them from their intended head of + expenditure. The Secretary of the Treasury, however, has brought himself + to the opinion that they could only be entered under the head of + miscellaneous receipts, and therefore can only be withdrawn by authority + of an express act of Congress. I would suggest the propriety of the + passage of such an act without delay. +</p> +<p> + As intimately associated with the means of public defense, I can not + forbear urging upon you the importance of constructing, upon the + principles which have been brought into use in the construction of the + <i>Princeton</i>, several ships of war of a larger class, better fitted than + that ship to the heavy armament which should be placed on board of them. + The success which has so eminently crowned this first experiment should + encourage Congress to lose no time in availing the country of all the + important benefits so obviously destined to flow from it. Other nations + will speedily give their attention to the subject, and it would be + criminal in the United States, the first to apply to practical purposes + the great power which has been brought into use, to permit others to + avail themselves of our improvements while we stood listlessly and + supinely by. In the number of steam vessels of war we are greatly + surpassed by other nations, and yet to Americans is the world indebted + for that great discovery of the means of successfully applying steam + power which has in the last quarter century so materially changed the + condition of the world. We have now taken another and even bolder step, + the results of which upon the affairs of nations remain still to be + determined, and I can not but flatter myself that it will be followed + up without loss of time to the full extent of the public demands. The + Secretary of the Navy will be instructed to lay before you suitable + estimates of the cost of constructing so many ships of such size and + dimensions as you may think proper to order to be built. +</p> +<p> + The application of steam power to ships of war no longer confines us to + the seaboard in their construction. The urgent demands of the service + for the Gulf of Mexico and the substitution of iron for wood in the + construction of ships plainly point to the establishment of a navy-yard + at some suitable place on the Mississippi. The coal fields and iron + mines of the extensive region watered by that noble river recommend such + an establishment, while high considerations of public policy would lead + to the same conclusion. +</p> +<p> + One of the complaints of the Western States against the actual operation + of our system of government is that while large and increasing + expenditures of public money are made on the Atlantic frontier the + expenditures in the interior are comparatively small. The time has now + arrived when this cause of complaint may be in a great measure removed + by adopting the legitimate and necessary policy which I have indicated, + thereby throwing around the States another bond of union. +</p> +<p> + I could not forego the favorable opportunity which has presented itself, + growing out of the communication from the Secretary of the Navy, to urge + upon you the foregoing recommendations. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>February 29, 1844</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I have to perform the melancholy duty of announcing to the two Houses of + Congress the death of the Hon. Abel P. Upshur, late Secretary of State, + and the Hon. Thomas W. Gilmer, late Secretary of the Navy. +</p> +<p> + This most lamentable occurrence transpired on board the United States + ship of war the <i>Princeton</i> on yesterday at about half past 4 o'clock in + the evening, and proceeded from the explosion of one of the large guns + of that ship. +</p> +<p> + The loss which the Government and the country have sustained by this + deplorable event is heightened by the death at the same time and by the + same cause of several distinguished persons and valuable citizens. +</p> +<p> + I shall be permitted to express my great grief at an occurrence + which has thus suddenly stricken from my side two gentlemen upon whose + advice I so confidently relied in the discharge of my arduous task of + administering the office of the executive department, and whose services + at this interesting period were of such vast importance. +</p> +<p> + In some relief of the public sorrow which must necessarily accompany + this most painful event, it affords me much satisfaction to say that + it was produced by no carelessness or inattention on the part of the + officers and crew of the <i>Princeton</i>, but must be set down as one of + those casualties which to a greater or less degree attend upon every + service, and which are invariably incident to the temporal affairs of + mankind. I will also add that it in no measure detracts from the value + of the improvement contemplated in the construction of the <i>Princeton</i> + or from the merits of her brave and distinguished commander and + projector. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>March 7, 1844</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-105"><small>105</small></a> from the Secretary + of State, with documents, containing the information requested by + their resolution of the 26th ultimo. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 8, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of the + 10th of January last, I communicate to that body a report<a href="#note-106"><small>106</small></a> from the + Secretary of State <i>ad interim</i>, which embraces the information called + for by said resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 8, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I communicate to the Senate a report,<a href="#note-107"><small>107</small></a> with the documents + accompanying it, from the Secretary of State, in answer to a resolution + of that body of the 25th of January, 1844. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 9, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, in answer to their resolution of the 21st + ultimo, a report<a href="#note-108"><small>108</small></a> from the Secretary of State, with accompanying + papers. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 11, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with your resolution of the 26th ultimo, I herewith + transmit a report<a href="#note-109"><small>109</small></a> from the Secretary of the Navy. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 12, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report<a href="#note-110"><small>110</small></a> of the Secretary of War, prepared in + compliance with a resolution of the House of Representatives of the 26th + ultimo. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>March 18, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report<a href="#note-111"><small>111</small></a> from the Secretary of State, in answer + to the resolution of the House of Representatives of the 18th of January + last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 19, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a letter<a href="#note-112"><small>112</small></a> from the Secretary of State and + certain documents accompanying the same, in answer to the resolution + of the Senate of the 8th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 20, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a report from the Secretary of State, with + documents, containing the information<a href="#note-113"><small>113</small></a> requested by their resolution + of the 23d ultimo. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 20, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith to the House of Representatives a copy of the + convention concluded on the 17th day of March, 1841, between the United + States and the Republic of Peru, which has been duly ratified and of + which the ratifications have been exchanged. +</p> +<p> + The communication of this treaty is now made to the end that suitable + measures may be adopted to give effect to the first article thereof, + which provides for the distribution among the claimants of the sum of + $300,000, thereby stipulated to be paid. +</p> +<p class="r"> JOHN TYLER.</p> + +<center> + [The same message was sent to the Senate.] +</center> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, <i>March 26, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith copies of the report and papers<a href="#note-114"><small>114</small></a> referred to in + a resolution of the Senate of the 20th of February last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>March 26, 1844</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I submit for the consideration of Congress the accompanying + communication from A. Pageot, minister plenipotentiary <i>ad interim</i> of + the King of the French, upon the subject of the tonnage duties levied + on French vessels coming into the ports of the United States from + the islands of St. Pierre and Miquelon, and proposing to place our + commercial intercourse with those islands upon the same footing as now + exists with the islands of Martinique and Guadaloupe, as regulated by + the acts of the 9th of May, 1828, and of the 13th of July, 1832. No + reason is perceived for the discrimination recognized by the existing + law, and none why the provisions of the acts of Congress referred to + should not be extended to the commerce of the islands in question. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p><p class="r"> + WASHINGTON, <i>March 27, 1844</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of the Treasury, + to whom I had referred the resolution of the Senate of the 27th December + last, showing that the information<a href="#note-115"><small>115</small></a> called for by that resolution + can not be furnished from authentic data. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, D.C., <i>April 9, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of + the 23d of March last, requesting the President to lay before the House + "the authority and the true copies of all requests and applications upon + which he deemed it his duty to interfere with the naval and military + forces of the United States on the occasion of the recent attempt of the + people of Rhode Island to establish a free constitution in the place + of the old charter government of that State; also copies of the + instructions to and statements of the charter commissioners sent to him + by the then existing authorities of the State of Rhode Island; also + copies of the correspondence between the Executive of the United States + and the charter government of the State of Rhode Island, and all the + papers and documents connected with the same; also copies of the + correspondence, if any, between the heads of Departments and said + charter government or any person or persons connected with the said + government, and of any accompanying papers and documents; also copies + of all orders issued by the Executive of the United States, or any of + the Departments, to military officers for the movement or employment + of troops to or in Rhode Island; also copies of all orders to naval + officers to prepare steam or other vessels of the United States for + service in the waters of Rhode Island; also copies of all orders to the + officers of revenue cutters for the same service; also copies of any + instructions borne by the Secretary of War to Rhode Island on his visit + in 1842 to review the troops of the charter government; also copies of + any order or orders to any officer or officers of the Army or Navy to + report themselves to the charter government; and that he be requested + to lay before this House copies of any other papers or documents in + the possession of the Executive connected with this subject not above + specifically enumerated," I have to inform the House that the Executive + did not deem it his "duty to interfere with the naval and military + forces of the United States" in the late disturbances in Rhode Island; + that no orders were issued by the Executive or any of the Departments + to military officers for the movement or employment of troops to or in + Rhode Island other than those which accompany this message and which + contemplated the strengthening of the garrison at Fort Adams, which, + considering the extent of the agitation in Rhode Island, was esteemed + necessary and judicious; that no orders were issued to naval officers to + prepare steam or other vessels of the United States for service in the + waters of Rhode Island; that no orders were issued "to the officers of + the revenue cutters for said service;" that no instructions were borne + by "the Secretary of War to Rhode Island on his visit in 1842 <i>to review + the troops of the charter government</i>;" that no orders were given to any + officer or officers of the Army or Navy to report themselves to the + charter government; that "requests and applications" were made to the + Executive to fulfill the guaranties of the Constitution which impose on + the Federal Government the obligation to protect and defend each State + of the Union against "domestic violence and foreign invasion," but the + Executive was at no time convinced that the <i>casus foederis</i> had arisen + which required the interposition of the military or naval power in the + controversy which unhappily existed between the people of Rhode Island. + I was in no manner prevented from so interfering by the inquiry whether + Rhode Island existed as an independent State of the Union under a + charter granted at an early period by the Crown of Great Britain or not. + It was enough for the Executive to know that she was recognized as a + sovereign State by Great Britain by the treaty of 1783; that at a later + day she had in common with her sister States poured out her blood and + freely expended her treasure in the War of the Revolution; that she was + a party to the Articles of Confederation; that at an after period she + adopted the Constitution of the United States as a free, independent, + and republican State; and that in this character she has always + possessed her full quota of representation in the Senate and House of + Representatives; and that up to a recent day she has conducted all her + domestic affairs and fulfilled all her obligations as a member of the + Union, in peace and war, under her <i>charter government</i>, as it is + denominated by the resolution of the House of the 23d March. I must be + permitted to disclaim entirely and unqualifiedly the right on the part + of the Executive to make any real or supposed defects existing in any + State constitution or form of government the pretext for a failure to + enforce the laws or the guaranties of the Constitution of the United + States in reference to any such State. I utterly repudiate the idea, + in terms as emphatic as I can employ, that those laws are not to be + enforced or those guaranties complied with because <i>the President</i> may + believe that the right of suffrage or any other great popular right + is either too restricted or too broadly enlarged. I also with equal + strength resist the idea that it falls within the Executive competency + to decide in controversies of the nature of that which existed in Rhode + Island on which side is the majority of the people or as to the extent + of the rights of a mere numerical majority. For the Executive to assume + such a power would be to assume a power of the most dangerous character. + Under such assumptions the States of this Union would have no security + for peace or tranquillity, but might be converted into the mere + instruments of Executive will. Actuated by selfish purposes, he might + become the great agitator, fomenting assaults upon the State + constitutions and declaring the majority of to-day to be the minority + of to-morrow, and the minority, in its turn, the majority, before whose + decrees the established order of things in the State should be + subverted. Revolution, civil commotion, and bloodshed would be the + inevitable consequences. The provision in the Constitution intended for + the security of the States would thus be turned into the instrument + of their destruction. The President would become, in fact, the great + <i>constitution maker</i> for the States, and all power would be vested + in his hands. +</p> +<p> + When, therefore, the governor of Rhode Island, by his letter of the + 4th of April, 1842, made a requisition upon the Executive for aid to + put down the late disturbances, I had no hesitation in recognizing the + obligations of the Executive to furnish such aid upon the occurrence of + the contingency provided for by the Constitution and laws. My letter + of the 11th of April, in reply to the governor's letter of the 4th, is + herewith communicated, together with all correspondence which passed at + a subsequent day and the letters and documents mentioned in the schedule + hereunto annexed. From the correspondence between the Executive of the + United States and that of Rhode Island, it will not escape observation + that while I regarded it as my duty to announce the principles by which + I should govern myself in the contingency of an armed interposition on + the part of this Government being necessary to uphold the rights of the + State of Rhode Island and to preserve its domestic peace, yet that the + strong hope was indulged and expressed that all the difficulties would + disappear before an enlightened policy of conciliation and compromise. + In that spirit I addressed to Governor King the letter of the 9th of + May, 1842, marked "private and confidential," and received his reply + of the 12th of May of the same year. The desire of the Executive was + from the beginning to bring the dispute to a termination without the + interposition of the military power of the United States, and it will + continue to be a subject of self-congratulation that this leading + object of policy was finally accomplished. The Executive resisted + all entreaties, however urgent, to depart from this line of conduct. + Information from private sources had led the Executive to conclude that + little else was designed by Mr. Dorr and his adherents than mere menace + with a view to intimidation; nor was this opinion in any degree shaken + until the 22d of June, 1842, when it was strongly represented from + reliable sources, as will be seen by reference to the documents herewith + communicated, that preparations were making by Mr. Dorr, with a large + force in arms, to invade the State, which force had been recruited in + the neighboring States and had been already preceded by the collection + of military stores in considerable quantities at one or two points. This + was a state of things to which the Executive could not be indifferent. + Mr. Dorr speedily afterwards took up his headquarters at Chepachet and + assumed the command of what was reported to be a large force, drawn + chiefly from voluntary enlistments made in neighboring States. The + Executive could with difficulty bring itself to realize the fact that + the citizens of other States should have forgotten their duty to + themselves and the Constitution of the United States and have entered + into the highly reprehensible and indefensible course of interfering so + far in the concerns of a sister State as to have entered into plans of + invasion, conquest, and revolution; but the Executive felt it to be its + duty to look minutely into the matter, and therefore the Secretary of + War was dispatched to Rhode Island with instructions (a copy of which is + herewith transmitted), and was authorized, should a requisition be made + upon the Executive by the government of Rhode Island in pursuance of + law, and the invaders should not abandon their purposes, to call upon + the governors of Massachusetts and Connecticut for a sufficient number + of militia at once to arrest the invasion and to interpose such of the + regular troops as could be spared from Fort Adams for the defense of the + city of Providence in the event of its being attacked, as was strongly + represented to be in contemplation. Happily there was no necessity for + either issuing the proclamation or the requisition or for removing + the troops from Fort Adams, where they had been properly stationed. + Chepachet was evacuated and Mr. Dorr's troops dispersed without the + necessity of the interposition of any military force by this Government, + thus confirming me in my early impressions that nothing more had been + designed from the first by those associated with Mr. Dorr than to excite + fear and apprehension and thereby to obtain concessions from the + constituted authorities which might be claimed as a triumph over the + existing government. +</p> +<p> + With the dispersion of Mr. Dorr's troops ended all difficulties. + A convention was shortly afterwards called, by due course of law, to + amend the fundamental law, and a new constitution, based on more liberal + principles than that abrogated, was proposed, and adopted by the people. + Thus the great American experiment of a change in government under the + influence of opinion and not of force has been again crowned with + success, and the State and people of Rhode Island repose in safety under + institutions of their own adoption, unterrified by any future prospect + of necessary change and secure against domestic violence and invasion + from abroad. I congratulate the country upon so happy a termination of + a condition of things which seemed at one time seriously to threaten the + public peace. It may justly be regarded as worthy of the age and of the + country in which we live. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + PROVIDENCE, <i>April 4, 1842</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: The State of Rhode Island is threatened with domestic violence. + Apprehending that the legislature can not be convened in sufficient + season to apply to the Government of the United States for effectual + protection in this case, I hereby apply to you, as the executive of + the State of Rhode Island, for the protection which is required by the + Constitution of the United States. To communicate more fully with you + on this subject, I have appointed John Whipple, John Brown Francis, and + Elisha R. Potter, esqs., three of our most distinguished citizens, to + proceed to Washington and to make known to you in behalf of this State + the circumstances which call for the interposition of the Government + of the United States for our protection. +</p> +<p> + I am, sir, very respectfully, your obedient servant, +</p> +<p class="r"> +SAM. W. KING,<br> + <i>Governor of Rhode Island</i>. +</p> +<p> </p><p> </p> +<p class="r"> + PROVIDENCE, <i>April 4, 1842</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: For nearly a year last past the State of Rhode Island has been + agitated by revolutionary movements, and is now threatened with + domestic violence. +</p> +<p> + The report<a href="#note-116"><small>116</small></a> of a joint committee of both branches of the legislature + of this State, with an act<a href="#note-116"><small>116</small></a> and resolutions<a href="#note-116"><small>116</small></a> accompanying the + same, herewith communicated, were passed unanimously by the senate, and + by a vote of 60 to 6 in the house of representatives. The legislature + adjourned to the first Tuesday of May next. +</p> +<p> + It has become my duty by one of these resolutions to adopt such measures + as in my opinion may be necessary in the recess of the legislature to + execute the laws and preserve the State from domestic violence. +</p> +<p> + The provisions of the said act "in relation to offenses against the + sovereign power of this State" have created much excitement among that + portion of the people who have unequivocally declared their intention to + set up another government in this State and to put down the existing + government, and they threaten, individually and collectively, to resist + the execution of this act. The numbers of this party are sufficiently + formidable to threaten seriously our peace, and in some portions of the + State, and in this city particularly, may constitute a majority of the + physical force, though they are a minority of the people of the State. +</p> +<p> + Under the dangers which now threaten us, I have appointed John Whipple, + John Brown Francis, and Elisha R. Potter, esqs., three of our most + distinguished citizens, to proceed to Washington and consult with you in + behalf of this State, with a view that such precautionary measures may + be taken by the Government of the United States as may afford us that + protection which the Constitution of the United States requires. There + is but little doubt that a proclamation from the President of the United + States and the presence here of a military officer to act under the + authority of the United States would destroy the delusion which is now + so prevalent, and convince the deluded that in a contest with the + government of this State they would be involved in a contest with the + Government of the United States, which could only eventuate in their + destruction. +</p> +<p> + As no State can keep troops in time of peace without the consent of + Congress, there is the more necessity that we should be protected by + those who have the means of protection. We shall do all we can for + ourselves. The Government of the United States has the power to + <i>prevent</i> as well as to defend us from violence. The protection provided + by the Constitution of the United States will not be effectual unless + such precautionary measures may be taken as are necessary to prevent + lawless men from breaking out into violence, as well as to protect the + State from further violence after it has broken out. Preventive measures + are the most prudent and safe, and also the most merciful. +</p> +<p> + The protective power would be lamentably deficient if "the beginning + of strife," which "is like the letting out of waters," can not be + prevented, and no protection can be afforded the State until to many + it would be too late. +</p> +<p> + The above-named gentlemen are fully authorized to act in behalf of + the State of Rhode Island in this emergency, and carry with them + such documents and proof as will, no doubt, satisfy you that the + interposition of the authority of the Government of the United States + will be salutary and effectual. +</p> +<p> + I am, sir, very respectfully, your obedient servant, +</p> +<p class="r"> +SAM. W. KING,<br> + <i>Governor of Rhode Island</i>. +</p> +<p> </p><p> </p> +<p class="r"> + APRIL 9, 1842. +</p> +<p> + MY DEAR SIR:<a href="#note-117"><small>117</small></a> Will you do me the favor to see the committee from + Rhode Island as soon after the meeting of the Cabinet as may suit your + convenience? +</p> +<p> + I regret to learn from Mr. Francis that the leaning of your mind was + decidedly against any expression of opinion upon the subject, upon the + ground that <i>free suffrage</i> must <i>prevail</i>. Undoubtedly it will. That + is not the question. The freeholders of Rhode Island have yielded that + point, and the <i>only</i> question is between their constitution, providing + for an extension of suffrage, and ours, containing <i>substantially</i> the + <i>same</i> provision—whether their constitution shall be carried out by + <i>force of arms without</i> a majority, or the present government be + supported <i>until</i> a constitution can be agreed upon that will command + a majority. Neither their constitution nor ours has as yet received a + majority of the free white males over 21 years of age. <i>There is no + doubt upon that subject</i>, and I very much regret that your mind should + have been influenced (if it has) by the paper called the Express. Nearly + all the leaders who are professional men have abandoned them, on the + ground that a majority is not in favor of their constitution. I <i>know</i> + this to be true. I do hope that you will reconsider this vital question + and give us a full hearing before you decide. +</p> +<p> + With great respect, very truly and sincerely, yours, +</p> +<p class="r"> + JOHN WHIPPLE. +</p> +<p> </p><p> </p> +<p> + His Excellency JOHN TYLER, +</p> +<p> + <i>President of the United States</i>: +</p> +<p> + The undersigned, having been deputed by Samuel W. King, the governor + of the State of Rhode Island, to lay before you the present alarming + condition in which the people of that State are placed, and to request + from you the adoption of such prudential measures as in your opinion may + tend to prevent domestic violence, beg leave most respectfully to state + the following among the leading facts, to which your attention is more + particularly invited: +</p> +<p> + That the people of Rhode Island have no fundamental law except the + charter of King Charles II, granted in 1663, and the usage of the + legislature under it. Legislative usage under their charters has been + decided by the Supreme Court of the United States to be the fundamental + law both in Connecticut and Rhode Island. +</p> +<p> + That from the date of the Rhode Island charter down to the year 1841, a + period of nearly two hundred years, no person has been allowed to vote + for town or State offices unless possessed of competent estates and + admitted free in the several towns in which they resided. +</p> +<p> + That since the statute of 1728 no person could be admitted a freeman of + any town unless he owned a freehold estate of the value fixed by law + (now $134) or was the eldest son of such a freeholder. +</p> +<p> + That until the past year no attempt has been made, to our knowledge, to + establish any other fundamental law, by force, than the one under which + the people have lived for so long a period. +</p> +<p> + That at the January session of the legislature in 1841 a petition signed + by five or six hundred male inhabitants, praying for such an extension + of suffrage as the legislature might in their wisdom deem expedient to + propose, was presented. +</p> +<p> + That, influenced by that petition, as well as by other considerations, + the legislature at that session requested the qualified voters, or + freemen, as they are called with us, to choose delegates at their + regular town meetings to be holden in August, 1841, for a convention + to be holden in November, 1841, to frame a written constitution. +</p> +<p> + That the result of the last meeting of this legal convention in + February, 1842, was the constitution<a href="#note-118"><small>118</small></a> accompanying this statement, + marked ——, which, in case of its adoption by the people, would have + been the supreme law of the State. +</p> +<p> + Most of the above facts are contained in the printed report of a + numerous committee of the legislature at their session in March, 1842, + which report was adopted by the legislature. +</p> +<p> + That in May, 1841, after said legal convention had been provided for + by the legislature, and before the time appointed for the choice of + delegates by the qualified voters (August, 1841), a mass meeting was + held by the friends of an extension of suffrage at Newport, at which + meeting a committee was appointed, called the State committee, who were + authorized by said mass meeting to take measures for calling a + convention to frame a constitution. +</p> +<p> + That this committee, thus authorized, issued a request for a meeting + of the male citizens in the several towns to appoint delegates to the + proposed convention. +</p> +<p> + That meetings (of unqualified voters principally, as we believe) were + accordingly holden in the several towns, unauthorized by law, and + contrary to the invariable custom and usage of the State from 1663 down + to that period; that the aggregate votes appointing the delegates to + that convention were, according to their own estimate, about 7,200, + whereas the whole number of male citizens over 21 years of age, after + making a deduction for foreigners, paupers, etc., was, according to + their own estimate, over 22,000. +</p> +<p> + That this convention, thus constituted, convened in Providence in + October, 1841, and the constitution called the "people's constitution" + was the result of their deliberations. +</p> +<p> + That at subsequent meetings of portions of the people in December, 1841, + by the authority of this convention alone (elected, as its delegates had + been, by about one-third of the voters, according to their own standard + of qualification), all males over 21 years of age were admitted to vote + for the adoption of the people's constitution; that these meetings were + not under any presiding officer whose legal right or duty it was to + interpose any check or restraint as to age, residence, property, or + color. +</p> +<p> + By the fourteenth article of this constitution it was provided that + "this constitution shall be submitted to the people for their adoption + or rejection on Monday, the 27th of December next, and on the two + succeeding days;" "and every person entitled to vote as aforesaid who + from sickness or <i>other causes</i> may be unable to attend and vote in the + town or ward meetings assembled for voting upon said constitution on the + days aforesaid is requested to write his name on a ticket, and to obtain + the signature upon the back of the same of a person who has given in his + vote, as a witness thereto, and the moderator or clerk of any town or + ward meeting convened for the purpose aforesaid shall receive such vote + on either of the three days next succeeding the three days before named + for voting for said constitution." +</p> +<p> + During the first three days about 9,000 votes were received from the + hands of the voters in the open meetings. By the privilege granted + to any and all friends of the constitution of <i>bringing into</i> their + meetings the <i>names</i> of voters during the three following days 5,000 + votes more were obtained, making an aggregate of about 14,000 votes. +</p> +<p> + This constitution, thus originating and thus formed, was subsequently + declared by this convention to be the supreme law of the land. By its + provisions a government is to be organized under it, by the choice of + a governor, lieutenant-governor, senators and representatives, on the + Monday preceding the third Wednesday in April, 1842. +</p> +<p> + By the provisions of the "landholder's constitution," as the legal + constitution is called, every white native citizen possessing the + freehold qualification, and over 21 years of age, may vote upon a + residence of <i>one</i> year, and without any freehold may vote upon a + residence of <i>two</i> years, except in the case of votes for town taxes, + in which case the voter must possess the freehold qualification <i>or</i> + be taxed for other property of the value of $150. +</p> +<p> + By the "people's constitution" "every white male citizen of the United + States of the age of 21 years who has resided in this State for <i>one</i> + year and in the town where he votes for six months" shall be permitted + to vote, with the same exception as to voting for town taxes as is + contained in the other constitution. +</p> +<p> + The provision, therefore, in relation to the great subject in + dispute—the elective franchise—is substantially the same in the two + constitutions. +</p> +<p> + On the 21st, 22d, and 23d March last the legal constitution, by an + act of the legislature, was submitted to all the persons who by its + provisions would be entitled to vote under it after its adoption, for + their ratification. It was rejected by a majority of 676 votes, the + number of votes polled being over 16,000. It is believed that many + freeholders voted against it because they were attached to the old form + of government and were against any new constitution whatever. Both + parties used uncommon exertions to bring all their voters to the polls, + and the result of the vote was, under the scrutiny of opposing interests + in legal town meetings, that the friends of the people's constitution + brought to the polls probably not over 7,000 to 7,500 votes. The whole + vote against the legal constitution was about 8,600. If we allow 1,000 + as the number of freeholders who voted against the legal constitution + because they are opposed to any constitution, it would leave the number + of the friends of the people's constitution 7,600, or about one-third of + the voters of the State under the new qualification proposed by either + constitution. +</p> +<p> + It seems incredible that there can be 14,000 friends of the people's + constitution in the State, animated as they are by a most extraordinary + and enthusiastic feeling; and yet upon this trial, in the usual open and + fair way of voting, they should have obtained not over 7,600 votes. +</p> +<p> + The unanimity of the subsequent action of the legislature, comprehending + as it did both the great political parties—the house of representatives + giving a vote of 60 in favor of maintaining the existing government of + the State and only 6 on the other side, with a unaminimous vote in the + senate—the unanimous and decided opinion of the supreme court declaring + this extraordinary movement to be illegal in all its stages (see + ——<a href="#note-119"><small>119</small></a>), a majority of that court being of the Democratic party, with + other facts of a similar character, have freed this question of a mere + party character and enabled us to present it as a great constitutional + question. +</p> +<p> + Without presuming to discuss the elementary and fundamental principles + of government, we deem it our duty to remind you of the fact that the + existing government of Rhode Island is <i>the</i> government that adopted the + Constitution of the United States, became a member of this Confederacy, + and has ever since been represented in the Senate and House of + Representatives. It is at this moment the existing government of Rhode + Island, both <i>de facto</i> and <i>dejure</i>, and is the only government in that + State entitled to the protection of the Constitution of the United + States. +</p> +<p> + It is that government which now calls upon the General Government for + its interference; and even if the legal effect of there being an + ascertained majority of unqualified voters against the existing + government was as is contended for by the opposing party, yet, upon + their own principle, ought not that majority in point of fact to be + clearly ascertained, not by assertion, but by proof, in order to justify + the General Government in withdrawing its legal and moral influence to + prevent domestic violence? +</p> +<p> + That a domestic war of the most furious character will speedily ensue + unless prevented by a prompt expression of opinion here can not be + doubted. In relation to this, we refer to the numerous resolutions + passed at meetings of the friends of the people's constitution, and more + especially to the Cumberland resolutions<a href="#note-119"><small>119</small></a> herewith presented, and + the affidavits,<a href="#note-119"><small>119</small></a> marked ——, and to repeated expressions of similar + reliance upon the judgment of the Chief Magistrate of the nation. +</p> +<p> + All which is respectfully submitted by— +</p> +<p class="r"> +JOHN WHIPPLE.<br> + JOHN BROWN FRANCIS.<br> + ELISHA R. POTTER. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 11, 1842</i>. +</p> +<p> + His Excellency the GOVERNOR OF RHODE ISLAND. +</p> +<p> + SIR: Your letter dated the 4th instant was handed me on Friday by Mr. + Whipple, who, in company with Mr. Francis and Mr. Potter, called upon me + on Saturday and placed me, both verbally and in writing, in possession + of the prominent facts which have led to the present unhappy condition + of things in Rhode Island—a state of things which every lover of peace + and good order must deplore. I shall not adventure the expression of an + opinion upon those questions of domestic policy which seem to have given + rise to the unfortunate controversies between a portion of the citizens + and the existing government of the State. They are questions of + municipal regulation, the adjustment of which belongs exclusively to the + people of Rhode Island, and with which this Government can have nothing + to do. For the regulation of my conduct in any interposition which I may + be called upon to make between the government of a State and any portion + of its citizens who may assail it with domestic violence, or may be in + actual insurrection against it, I can only look to the Constitution and + laws of the United States, which plainly declare the obligations of the + executive department and leave it no alternative as to the course it + shall pursue. +</p> +<p> + By the fourth section of the fourth article of the Constitution of the + United States it is provided that "the United States shall guarantee to + every State in this Union a republican form of government, and shall + protect each of them against invasion, and, on application of the + legislature or executive (when the legislature can not be convened), + <i>against domestic violence</i>." And by the act of Congress approved on the + 28th February, 1795, it is declared "that in case of an insurrection in + any State <i>against the government thereof</i> it shall be lawful for the + President of the United States, upon application of the legislature + of such State or by the executive (when the legislature can not be + convened), to call forth such numbers of the militia of any other State + or States as may be applied for, as he may judge sufficient to suppress + such insurrection." By the third section of the same act it is provided + "that whenever it may be necessary, in the judgment of the President, to + use the military force hereby directed to be called forth, the President + shall forthwith, by proclamation, command such insurgents to disperse + and retire peaceably to their respective abodes within a reasonable + time." By the act of March 3, 1807, it is provided "that in all cases of + insurrection or obstruction to the laws, either of the United States + or of any individual State or Territory where it is lawful for the + President of the United States to call forth the militia for the purpose + of suppressing such insurrection or of causing the laws to be duly + executed, it shall be lawful for him to employ for the same purposes + such part of the land or naval force of the United States as shall be + judged necessary, having first observed all the prerequisites of the + law in that respect." +</p> +<p> + This is the first occasion, so far as the government of a State and its + people are concerned, on which it has become necessary to consider of + the propriety of exercising those high and most important of + constitutional and legal functions. +</p> +<p> + By a careful consideration of the above-recited acts of Congress your + excellency will not fail to see that no power is vested in the Executive + of the United States to anticipate insurrectionary movements against the + government of Rhode Island so as to sanction the interposition of the + military authority, but that there must be an actual insurrection, + manifested by lawless assemblages of the people or otherwise, to whom + a proclamation may be addressed and who may be required to betake + themselves to their respective abodes. I have, however, to assure your + excellency that should the time arrive—and my fervent prayer is + that it may never come—when an insurrection shall exist <i>against the + government</i> of Rhode Island, and a requisition shall be made upon the + Executive of the United States to furnish that protection which is + guaranteed to each State by the Constitution and laws, I shall not be + found to shrink from the performance of a duty which, while it would be + the most painful, is at the same time the most imperative. I have also + to say that in such a contingency the Executive could not look into real + or supposed defects of the existing government in order to ascertain + whether some other plan of government proposed for adoption was better + suited to the wants and more in accordance with the wishes of any + portion of her citizens. To throw the Executive power of this Government + into any such controversy would be to make the President the armed + arbitrator between the people of the different States and their + constituted authorities, and might lead to a usurped power dangerous + alike to the stability of the State governments and the liberties of the + people. It will be my duty, on the contrary, to respect the requisitions + of that government which has been recognized as the existing government + of the State through all time past until I shall be advised in regular + manner that it has been altered and abolished and another substituted in + its place by legal and peaceable proceedings adopted and pursued by the + authorities and people of the State. Nor can I readily bring myself + to believe that any such contingency will arise as shall render the + interference of this Government at all necessary. The people of the + State of Rhode Island have been too long distinguished for their love + of order and of regular government to rush into revolution in order to + obtain a redress of grievances, real or supposed, which a government + under which their fathers lived in peace would not in due season + redress. No portion of her people will be willing to drench her fair + fields with the blood of their own brethren in order to obtain a redress + of grievances which their constituted authorities can not for any length + of time resist if properly appealed to by the popular voice. None of + them will be willing to set an example, in the bosom of this Union, of + such frightful disorder, such needless convulsions of society, such + danger to life, liberty, and property, and likely to bring so much + discredit on the character of popular governments. My reliance on the + virtue, intelligence, and patriotism of her citizens is great and + abiding, and I will not doubt but that a spirit of conciliation will + prevail over rash councils, that all actual grievances will be promptly + redressed by the existing government, and that another bright example + will be added to the many already prevailing among the North American + Republics of change without revolution and a redress of grievances + without force or violence. +</p> +<p> + I tender to your excellency assurances of my high respect and + consideration. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + NEWPORT, R.I., <i>May 4, 1842</i>. +</p> +<p> + His Excellency JOHN TYLER, +</p> +<p> + <i>President of the United States</i>. +</p> +<p> + SIR: I transmit herewith certain resolutions passed by the general + assembly of this State at their session holden at Newport on the first + Wednesday of May instant. +</p> +<p> + You are already acquainted with some of the circumstances which have + rendered necessary the passage of these resolutions. Any further + information that may be desired will be communicated by the bearers, the + Hon. Richard K. Randolph, speaker of the house of representatives, and + Elisha R. Potter, esq., a member of the senate of this State. +</p> +<p> + I can not allow myself to doubt but that the assistance to which this + State is entitled under the Constitution of the United States, to + protect itself against domestic violence, will be promptly rendered by + the General Government of the Union. +</p> +<p> + With great respect, I am, Your Excellency's humble servant, +</p> +<p class="r"> +SAM. W. KING,<br> + <i>Governor of Rhode Island</i>. +</p> +<p> </p><p> </p> +<p class="r"> +STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,<br> + <i>In General Assembly, May Session, 1842</i>. +</p> +<p> + Whereas a portion of the people of this State, for the purpose of + subverting the laws and existing government thereof, have framed a + pretended constitution, and for the same unlawful purposes have met in + lawless assemblages and elected officers for the future government of + this State; and +</p> +<p> + Whereas the persons so elected in violation of law, but in conformity to + the said pretended constitution, have, on the 3d day of May instant, + organized themselves into executive and legislative departments of + government, and under oath assumed the duties and exercise of said + powers; and +</p> +<p> + Whereas in order to prevent the due execution of the laws a strong + military force was called out and did array themselves to protect the + said unlawful organization of government and to set at defiance the due + enforcement of law: Therefore, +</p> +<p> + <i>Resolved by the general assembly</i>, That there now exists in this State + an insurrection against the laws and constituted authorities thereof, + and that, in pursuance of the Constitution and laws of the United + States, a requisition be, and hereby is, made by this legislature upon + the President of the United States forthwith to interpose the authority + and power of the United States to suppress such insurrectionary and + lawless assemblages, to support the existing government and laws, and + protect the State from domestic violence. +</p> +<p> + <i>Resolved</i>, That his excellency the governor be requested immediately to + transmit a copy of these resolutions to the President of the United + States. +</p> +<p> + True copy. +</p> +<p class="r"> +Witness: HENRY BOWEN,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 7, 1842</i>. +</p> +<p> + The GOVERNOR OF THE STATE OF RHODE ISLAND. +</p> +<p> + SIR: Your letter of the 4th instant, transmitting resolutions of the + legislature of Rhode Island, informing me that there existed in that + State "certain lawless assemblages of a portion of the people" "for + the purpose of subverting the laws and over-throwing the existing + government," and calling upon the Executive "forthwith to interpose + the authority and power of the United States to suppress such + insurrectionary and lawless assemblages and to support the existing + government and laws and protect the State from domestic violence," + was handed me on yesterday by Messrs. Randolph and Potter. +</p> +<p> + I have to inform your excellency in reply that my opinions as to the + duties of this Government to protect the State of Rhode Island against + domestic violence remain unchanged. Yet, from information received by + the Executive since your dispatches came to hand I am led to believe + that the lawless assemblages to which reference is made have already + dispersed and that the danger of domestic violence is hourly + diminishing, if it has not wholly disappeared. I have with difficulty + brought myself at any time to believe that violence would be resorted + to or an exigency arise which the unaided power of the State could not + meet, especially as I have from the first felt persuaded that your + excellency and others associated with yourself in the administration + of the government would exhibit a temper of conciliation as well as + of energy and decision. To the insurgents themselves it ought to be + obvious, when the excitement of the moment shall have passed away, that + changes achieved by regular and, if necessary, repeated appeals to the + constituted authorities, in a country so much under the influence of + public opinion, and by recourse to argument and remonstrance, are more + likely to insure lasting blessings than those accomplished by violence + and bloodshed on one day, and liable to overthrow by similar agents on + another. +</p> +<p> + I freely confess that I should experience great reluctance in employing + the military power of this Government against any portion of the people; + but however painful the duty, I have to assure your excellency that if + resistance be made to the execution of the laws of Rhode Island by such + force as the <i>civil power</i> shall be unable to overcome, it will be the + duty of this Government to enforce the constitutional guaranty—a + guaranty given and adopted mutually by all the original States, of which + number Rhode Island was one, and which in the same way has been given + and adopted by each of the States since admitted into the Union; and + if an exigency of lawless violence shall actually arise the executive + government of the United States, on the application of your excellency + under the authority of the resolutions of the legislature already + transmitted, will stand ready to succor the authorities of the State in + their efforts to maintain a due respect for the laws. I sincerely hope, + however, that no such exigency may occur, and that every citizen of + Rhode Island will manifest his love of peace and good order by + submitting to the laws and seeking a redress of grievances by other + means than intestine commotions. +</p> +<p> + I tender to your excellency assurances of my distinguished consideration. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<p> + JOHN TYLER, +<br> + <i>President of the United States</i>. +</p> +<p> + SIR: As requested by the general assembly, I have the honor of + transmitting to you, under the seal of the State, the accompanying + resolutions. +</p> +<p> + And I am, very respectfully, your obedient servant, +</p> +<p class="r"> +THOMAS W. DORR,<br> + <i>Governor of the State of Rhode Island and Providence Plantations</i>. +</p> + +<p class="r"> +STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,<br> + <i>General Assembly, May Session, in the City of Providence, A.D. 1842</i>. +</p> +<p> + <i>Resolved</i>, That the governor be requested to inform the President + of the United States that the government of this State has been duly + elected and organized under the constitution of the same, and that the + general assembly are now in session and proceeding to discharge their + duties according to the provisions of said constitution. +</p> +<p> + <i>Resolved</i>, That the governor be requested to make the same + communication to the President of the Senate and to the Speaker of the + House of Representatives, to be laid before the two Houses of the + Congress of the United States. +</p> +<p> + <i>Resolved</i>, That the governor be requested to make the same + communication to the governors of the several States, to be laid before + the respective legislatures. +</p> +<p> + A true copy. +</p> +<p class="r"> +Witness:<br> + [L.S.] WM. H. SMITH,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<p class="r"> + MAY 9, 1842. +</p> +<p> + Governor KING, <i>of Rhode Island</i>. +</p> +<p> + SIR: Messrs. Randolph and Potter will hand you an official letter, but I + think it important that you should be informed of my views and opinions + as to the best mode of settling all difficulties. I deprecate the use of + force except in the last resort, and I am persuaded that measures of + conciliation will at once operate to produce quiet. <i>I am well advised</i>, + if the general assembly would authorize you to announce a general + amnesty and pardon for the past, without making any exception, upon the + condition of a return to allegiance, and follow it up by a call for a + new convention upon somewhat liberal principles, that all difficulty + would at once cease. And why should not this be done? A government never + loses anything by mildness and forbearance to its own citizens, more + especially when the consequences of an opposite course may be the + shedding of blood. In your case the one-half of your people are involved + in the consequences of recent proceedings. Why urge matters to an + extremity? If you succeed by the bayonet, you succeed against your own + fellow-citizens and by the shedding of kindred blood, whereas by taking + the opposite course you will have shown a paternal care for the lives of + your people. My own opinion is that the adoption of the above measures + will give you peace and insure you harmony. A resort to force, on the + contrary, will engender for years to come feelings of animosity. +</p> +<p> + I have said that I <i>speak advisedly</i>. Try the experiment, and if it fail + then your justification in using force becomes complete. +</p> +<p> + Excuse the freedom I take, and be assured of my respect. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + PROVIDENCE, R.I., <i>May 12, 1842</i>. +</p> +<p> + His Excellency the PRESIDENT OF UNITED STATES. +</p> +<p> + MY DEAR SIR: I have had the honor to receive your communication of + 9th instant by Mr. Randolph, and assure you it has given me much + satisfaction to know that your views and opinions as to the course + proper to be pursued by the government of this State in the present + unhappy condition of our political affairs is so much in conformity + with my own. +</p> +<p> + Our legislature will undoubtedly at their session in June next adopt + such measures as will be necessary to organize a convention for the + formation of a new constitution of government, by which all the evils + now complained of may be removed. +</p> +<p> + It has already been announced as the opinion of the executive that + such of our citizens as are or have been engaged in treasonable and + revolutionary designs against the State will be pardoned for the past on + the condition only that they withdraw themselves from such enterprise + and signify their return to their allegiance to the government. +</p> +<p> + With high consideration and respect, your obedient and very humble + servant, +</p> +<p class="r"> + SAM. W. KING. +</p> +<p> </p><p> </p> +<p class="r"> + KINGSTON, R.I. <i>May 15, 1842</i>. +</p> +<p> + His Excellency JOHN TYLER, +<br> + <i>President of the United States</i>. +</p> +<p> + DEAR SIR: We arrived at Newport on Wednesday morning in time to attend + the meeting of our legislature. +</p> +<p> + The subject of calling a convention immediately, and upon a liberal + basis as to the right of voting for the delegates, was seriously + agitated amongst us. The only objection made was that they did not wish + to concede while the <i>people's party</i> continued <i>their threats</i>. All + allowed that the concession must be made, and the only difference of + opinion was as to time. +</p> +<p> + For my own part, I fear we shall never see the time when concession + could have been made with better grace or with better effect than now. + If two or three <i>noisy</i> folks among the suffrage party could only have + their mouths stopped for a week or two, a reconciliation could be + brought about at any time, or if Mr. Dorr would allow himself to be + arrested peaceably and give bail no one could then object. But the + supporters of the government say it is wrong to give up so long as Mr. + Dorr threatens actual resistance to the laws in case he is arrested. If + this could be done, they would then consider that they had sufficiently + shown their determination to support the laws, and the two measures + which you proposed to us in conversation at Washington—a convention and + then a <i>general</i> amnesty—would succeed beyond a doubt. +</p> +<p> + Allow me to suggest that if Mr. Wickliffe, or someone who you might + think would have most influence, would address a letter to Governor + Fenner on the subject of conciliation it might be of great service. + Governor F. is the father-in-law of General Mallett and a member of + our senate. +</p> +<p> + Our assembly adjourned to the third Monday of June, but it is in the + power of the governor to call it sooner, which can be done in a day at + any time. Unless, however, there is a little more <i>prudence</i> in the + <i>leaders</i> on both sides, we shall then be farther from reconciliation + than now. The great mass of both parties I believe to be sincerely + anxious for a settlement. +</p> +<p> + I do not know whether a letter addressed to the President upon a subject + of this nature would of course be considered as public and liable to + inspection. Few would write freely if that were the case. If private, I + will cheerfully communicate from time to time any information that may + be in my power and which might be of any service. +</p> +<p> + I am, sir, very respectfully, your obedient servant, +</p> +<p class="r"> + ELISHA R. POTTER. +</p> +<p> + Mr. Dorr returned to Providence this (Monday) morning with an armed + escort. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 20, 1842</i>. +</p> +<p> + ELISHA R. POTTER, Esq. +</p> +<p> + DEAR SIR: You have my thanks for your favor of the 16th [15th] instant, + and I have to request that you will write to me without reserve whenever + anything of importance shall arise. My chief motives for desiring the + adoption of the measures suggested to you, viz, a general amnesty and a + call of a convention, were, first, because I felt convinced that peace + and harmony would follow in their train, and, secondly, if in this I was + disappointed the insurgents would have had no longer a pretense for an + appeal to the public sympathies in their behalf. I saw nothing to + degrade or to give rise to injurious reflections against the government + of the State for resorting to every proper expedient in order to quiet + the disaffection of any portion of her own people. Family quarrels are + always the most difficult to appease, but everybody will admit that + those of the family who do most to reconcile them are entitled to the + greatest favor. Mr. Dorr's recent proceedings have been of so + extravagant a character as almost to extinguish the last hope of a + peaceable result, and yet I can not but believe that much is meant for + effect and for purposes of intimidation merely. I certainly hope that + such may be the case, though the recent proceedings in New York may have + excited new feelings and new desires. This mustering of the clans may + place Governor King in a different situation from that which he occupied + when I had the pleasure of seeing you. <i>Then</i> he might have yielded with + grace; whether he can do so now is certainly a question of much + difficulty and one on which I can not venture to express an opinion at + this distance from the scene of action. +</p> +<p> + I shall be always most happy to hear from you, and your letters will + never be used to your prejudice. +</p> +<p> + Accept assurances of my high respect. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<p class="r"> + PROVIDENCE, <i>May 16, 1842</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: At the request of Governor King, I inclose to you an extra of the + Providence Daily Express of this morning, containing the proclamation + of Thomas W. Dorr to the people of this State. +</p> +<p> + It states definitely the position assumed by him and his faction against + the government of this State and of the United States. +</p> +<p> + His excellency tenders to you the highest respect and consideration. +</p> +<p> + Respectfully, yours, +</p> +<p class="r"> +THOS. A. JENCKES,<br> + <i>Private Secretary</i>. +</p> +<p> </p><p> </p> +<h3> + STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. +</h3> +<h4> + A PROCLAMATION. +</h4> +<center> + BY THOMAS W. DORR, GOVERNOR AND COMMANDER IN CHIEF OF THE SAME. +</center> +<p> + FELLOW-CITIZENS: Shortly after the adjournment of the general assembly + and the completion of indispensable executive business I was induced by + the request of the most active friends of our cause to undertake the + duty (which had been previously suggested) of representing in person the + interests of the people of Rhode Island in other States and at the seat + of the General Government. By virtue of a resolution of the general + assembly, I appointed Messrs. Pearce and Anthony commissioners for the + same purpose. +</p> +<p> + Of the proposed action of the Executive in the affairs of our State you + have been already apprised. In case of the failure of the civil posse + (which expression was intended by the President, as I have been + informed, to embrace the military power) to execute any of the laws of + the charter assembly, including their law of pains and penalties and of + treason, as it has been for the first time defined, the President + intimates an intention of resorting to the forces of the United States + to check the movements of the people of this State in support of their + republican constitution recently adopted. +</p> +<p> + From a decision which conflicts with the right of sovereignty inherent + in the people of this State and with the principles which lie at the + foundation of a democratic republic an appeal has been taken to the + people of our country. They understand our cause; they sympathize in the + injuries which have been inflicted upon us; they disapprove the course + which the National Executive has adopted toward this State, and they + assure us of their disposition and intention to interpose a barrier + between the supporters of the people's constitution and the hired + soldiery of the United States. The democracy of the country are slow to + move in any matter which involves an issue so momentous as that which is + presented by the controversy in Rhode Island, but when they have once + put themselves in motion they are not to be easily diverted from their + purposes. They believe that the people of Rhode Island are in the right; + that they are contending for equal justice in their political system; + that they have properly adopted a constitution of government for + themselves, as they were entitled to do, and they can not and will + not remain indifferent to any act, from whatever motive it may + proceed, which they deem to be an invasion of the sacred right of + self-government, of which the people of the respective States can not + be divested. +</p> +<p> + As your representative I have been everywhere received with the utmost + kindness and cordiality. To the people of the city of New York, who have + extended to us the hand of a generous fraternity, it is impossible to + overrate our obligation at this most important crisis. +</p> +<p> + It has become my duty to say that so soon as a soldier of the United + States shall be set in motion, by whatever direction, to act against the + people of this State in aid of the charter government I shall call for + that aid to oppose all such force, which, I am fully authorized to say, + will be immediately and most cheerfully tendered to the service of the + people of Rhode Island from the city of New York and from other places. + The contest will then become national, and our State the battle ground + of American freedom. +</p> +<p> + As a Rhode Island man I regret that the constitutional question in this + State can not be adjusted among our own citizens, but as the minority + have asked that the sword of the National Executive may be thrown into + the scale against the people, it is imperative upon them to make the + same appeal to their brethren of the States—an appeal which they are + well assured will not be made in vain. They who have been the first to + ask assistance from abroad can have no reason to complain of any + consequences which may ensue. +</p> +<p> + No further arrests under the law of pains and penalties, which was + repealed by the general assembly of the people at their May session, + will be permitted. I hereby direct the military, under their respective + officers, promptly to prevent the same and to release all who may be + arrested under said law. +</p> +<p> + As requested by the general assembly, I enjoin upon the militia + forthwith to elect their company officers; and I call upon volunteers to + organize themselves without delay. The military are directed to hold + themselves in readiness for immediate service. +</p> +<p> + Given under my hand and the seal of the State, at the city of + Providence, this 6th day of May, A.D. 1842. +</p> +<p> + [L.S.] +</p> +<p class="r"> + THOMAS W. DORR, +<br> + <i>Governor and Commander in Chief of the State of Rhode Island and +Providence Plantations</i> +</p> +<p class="r"> +By the governor's command:<br> + WILLIAM H. SMITH,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<p class="r"> + PROVIDENCE, R.I., <i>May 25, 1842</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: Since my last communication the surface of things in this city and + State has been more quiet. The complete dispersing of the insurgents and + flight of their leader on Wednesday last, 18th instant, seem to have + broken their strength and prevented them from making head openly in any + quarter. +</p> +<p> + But another crisis now appears to be approaching. By the private + advices received by myself and the council from our messengers in the + neighboring States we learn that Dorr and his agents are enlisting men + and collecting arms for the purpose of again attempting to subvert, by + open war, the government of this State. Those who have assisted him + at home in his extreme measures are again holding secret councils and + making preparations to rally on his return. Companies of men pledged to + support him have met and drilled in the north part of this State during + the present week. +</p> +<p> + From the forces which he can collect among our own citizens we have + nothing to fear. Our own military strength has once scattered them, and + could as easily do so a second time. But if the bands which are now + organizing in Massachusetts, Connecticut, and New York should make the + incursion which they threaten, with Dorr at their head, we have reason + to apprehend a civil war of the most destructive and vindictive + character. Our own forces might be sufficient to repel them, but having + little discipline and no officer of military experience to lead them, + they could not do it without the loss of many valuable lives. +</p> +<p> + For the evidence that such forces are organizing in other States, I + refer Your Excellency to a letter from Governor Seward, of New York, and + to a statement made by one of our messengers to the council, which will + be handed you. Other messengers confirm to the fullest extent the same + intelligence. +</p> +<p> + In this posture of affairs I deem it my duty to call upon Your + Excellency for the support guaranteed by the Constitution and laws of + the United States to this government. I would submit to Your Excellency + whether a movement of a sufficient body of troops to this quarter, to be + stationed at Fort Adams, and to be subject to the requisitions of the + executive of this State whenever in his opinion the exigency should + arise to require their assistance, would not be the best measure to + insure peace and respect for the laws and to deter invasions. +</p> +<p> + You will see by the statement<a href="#note-120"><small>120</small></a> of the secret agent of the government + that the time set for this incursion is very near. The mustering of the + insurgents and their movement upon the city will probably be with the + greatest expedition when once commenced—in a time too short for a + messenger to reach Washington and return with aid. I therefore make this + application before any movement of magnitude on their part, in order + that we may be prepared at the briefest notice to quell domestic + insurrection and repel invasion. +</p> +<p class="r"> +SAM. W. KING<br> + <i>Governor of Rhode Island</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE DEPARTMENT, +<br> + <i>Albany, May 22, 1842</i>. +</p> +<p> + His Excellency SAMUEL WARD KING, +<br> + <i>Governor of Rhode Island</i>. +</p> +<p> + SIR: In compliance with your excellency's requisition, I have this day + issued a warrant for the arrest of Thomas Wilson Dorr, esq., charged in + Rhode Island with the crime of treason. The warrant will be delivered to + a police officer of this city, who will attend Colonel Pitman and be + advised by him in regard to the arrest of the fugitive should he be + found in this State. +</p> +<p> + May I be allowed to suggest to your excellency that a detention of the + accused in this State would be liable to misapprehension, and if it + should be in a particular region of this State might, perhaps, result in + an effort to rescue him. Therefore it seems to be quite important that + your excellency should without delay designate, by a communication to + me, an agent to receive the fugitive and convey him to Rhode Island. +</p> +<p> + I have the honor to be, with very high respect and consideration, your + excellency's obedient servant, +</p> +<p class="r"> + WILLIAM H. SEWARD. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, <i>May 28, 1842</i>. +</p> +<p> + His Excellency Governor KING. +</p> +<p> + SIR: I have received your excellency's communication of the 25th + instant, informing me of efforts making by Mr. Dorr and others to embody + a force in the contiguous States for the invasion of the State of Rhode + Island, and calling upon the Executive of the United States for military + aid. +</p> +<p> + In answer I have to inform your excellency that means have been taken + to ascertain the extent of the dangers of any armed invasion by the + citizens of other States of the State of Rhode Island, either to put + down her government or to disturb her peace. The apparent improbability + of a violation so flagrant and unprecedented of all our laws and + institutions makes me, I confess, slow to believe that any serious + attempts will be made to execute the designs which some evil-minded + persons may have formed. +</p> +<p> + But should the necessity of the case require the interposition of the + authority of the United States it will be rendered in the manner + prescribed by the laws. +</p> +<p> + In the meantime I indulge a confident expectation, founded upon the + recent manifestations of public opinion in your State in favor of law + and order, that your own resources and means will be abundantly adequate + to preserve the public peace, and that the difficulties which have + arisen will be soon amicably and permanently adjusted by the exercise + of a spirit of liberality and forbearance. +</p> +<p class="r"> JOHN TYLER.</p> +<p> + The Secretary of War will issue a private order to Colonel Bankhead, + commanding at Newport, to employ, if necessary, a private and + confidential person or persons to go into all such places and among + all such persons as he may have reason to believe to be likely to give + any information touching Rhode Island affairs, and to report with the + greatest dispatch, if necessary, to the President. He will also address + a letter to General Wool conveying to him the fears entertained of a + hostile invasion contemplated to place Dorr in the chair of state of + Rhode Island by persons in the States of Connecticut and New York, + and also to General Eustis, at Boston, of a similar character, with + instructions to adopt such inquiries (to be secretly made) as they may + deem necessary, and to report with the greatest dispatch all information + which from time to time they may acquire. +</p> +<p> + (Indorsed: "President's instructions, May 28, 1842.") +</p> +<p> </p><p> </p> +<p class="r"> + WAR DEPARTMENT, <i>May 28, 1842</i>. +</p> +<p> + Colonel BANKHEAD, +<br> + <i>Newport, R.I.</i> +</p> +<p> + SIR: The governor of Rhode Island has represented to the President that + preparations are making by Mr. Dorr and some of his adherents to recruit + men in the neighboring States for the purpose of supporting his + usurpation of the powers of government, and that he has provided arms + and camp equipage for a large number of men. It is very important that + we should have accurate information on this subject, and particularly in + relation to the movements made in other States. I have therefore to + desire you to employ proper persons to go to the places where it may be + supposed such preparations are making to possess themselves fully of all + that is doing and in contemplation, and report frequently to you. It is + said that Mr. Dorr's principal headquarters are at the town of Thompson, + in the State of Connecticut. It may be well for you to communicate + personally with Governor King and ascertain from him the points and + places at which any preparations for embodying men are supposed to be + making, and to direct your inquiries accordingly. +</p> +<p> + It is important that you should select persons on whose integrity and + accuracy the fullest reliance can be placed. They should not be + partisans on either side, although to effect the object it will of + course be necessary that some of them should obtain (if they do not + already possess) the confidence of the friends of Mr. Dorr. You will + please communicate directly to me all the information you obtain, and + your own views of it. +</p> +<p> + It is scarcely necessary to say that this communication is of the most + private and confidential character, and is not to be made known to + anyone. +</p> +<p> + Respectfully, your obedient servant, +</p> +<p class="r"> + J.C. SPENCER. +</p> +<p> </p><p> </p> +<p class="r"> + WAR DEPARTMENT, <i>May 29, 1842</i>. +</p> +<p> + Brigadier-General EUSTIS, +<br> + <i>Boston</i>. +</p> +<p> + SIR: The governor of Rhode Island has represented to the President that + preparations are making in other States (particularly in Massachusetts) + for an armed invasion of that State to support the usurpations of Mr. + Dorr and his friends and foment domestic insurrection. It is very + important that we should have accurate information on this subject, and + I have to desire you to take all necessary means to acquire it, and + communicate directly to me as speedily and frequently as possible. It is + said that 1,000 stand of arms have been procured in Boston, some pieces + of artillery, and a large quantity of camp equipage for the use of the + insurgents. Your attention to this is particularly desired to ascertain + its truth or falsehood. It is also said that there are 200 men enrolled + and embodied in a town upon the borders of Rhode Island, the name of + which has escaped me. Please inquire into this. If it becomes necessary + to employ confidential persons to discover what is doing, you will do + so, being careful to select those only that are entirely trustworthy; + and it will be desirable to avoid heated partisans on either side. Their + inquiries should be conducted quietly and privately. +</p> +<p> + I desire you to communicate fully and freely what you may learn and your + views concerning it for the information of the President and the + Department. +</p> +<p> + It is scarcely necessary to say that this communication is strictly + private and confidential. +</p> +<p> + Respectfully, your obedient servant, +</p> +<p class="r"> + [J.C. SPENCER.] +</p> +<p> </p><p> </p> +<p class="r"> + NEW YORK, <i>June 3, 1842</i>. +</p> +<p> + The PRESIDENT. +</p> +<p> + MY DEAR SIR: I came to this city yesterday, having taken a severe cold + on the Sound, and am now just out of my bed. I transmit herewith a + letter from ——, a friend appointed by me, as you requested, to look + into the Rhode Island business. Mr. —— has had access to authentic + sources in Governor Dorr's party, and I have no doubt his account of the + whole matter is perfectly just. I supposed I should receive the foreign + mail here, but I shall not wait for it if I should feel well enough to + travel to-morrow. +</p> +<p> + Yours, truly, +</p> +<p class="r"> + DANL. WEBSTER. +</p> +<p> </p><p> </p> +<p class="r"> + NEW YORK, <i>June 3, 1842</i>. +</p> +<p> + Hon. DANIEL WEBSTER, +<br> + <i>Secretary of State</i>. +</p> +<p> + DEAR SIR: In pursuance of the arrangement made when you were in Boston, + I have visited the State of Rhode Island, and, so far as could be done, + possessed myself of a knowledge of the existing state of things there. + I had a full and free interview with Governor King and his council, as + well as with several other gentlemen upon each side of the matter in + controversy. All agree that, so far as the people of Rhode Island are + concerned, there is no danger of any further armed resistance to the + legitimate authorities of the State. It was never intended, probably, by + the majority of those called the suffrage party to proceed in any event + to violence, and when they found themselves pushed to such an extremity + by their leaders they deserted their leaders and are now every day + enrolling themselves in the volunteer companies which are being + organized in every part of the State for the suppression of any further + insurrectionary movements that may be made. A large majority of those + elected or appointed to office under the people's constitution (so + called) have resigned their places and renounced all allegiance to that + constitution and the party which supports it, so that the insurgents are + now without any such organization as would enable them to carry out + their original purposes if they otherwise had the power. +</p> +<p> + Governor King and his council alone, of all the intelligent persons with + whom I consulted, fear an irruption upon them of an armed force to be + collected in other States, and this is the only difficulty of which they + now have any apprehension. This fear is excited by the boasts frequently + made by the few who still avow their determination to adhere to the + constitution that they have at their control large bodies of armed men, + as well as camp equipage, provisions, money, and munitions of war, which + have been provided for them in Massachusetts, Connecticut, and New York. + The supposition that Rhode Island is to be invaded by a foreign force, + when that force would neither be led nor followed by any considerable + number of the people of the State, does not seem, to say the least, + to be a very reasonable one. If those who think they are suffering + injustice are not disposed to make an effort to redress their supposed + wrongs, they would hardly expect the work to be done by others. +</p> +<p> + The ostensible object of the insurgents now is not the real one. They + meditate no further forcible proceedings. They bluster and threaten for + several reasons: +</p> +<p> + First. Because they suppose they shall thus break their fall a little + and render their retreat a little less inglorious than it would be if + they should beat it at once. +</p> +<p> + Second. They believe that if they keep up a shew of opposition to the + existing government they shall be more likely to revolutionize it by + peaceable measures; and +</p> +<p> + Third. They think they can make their influence so far felt as to + operate favorably upon those who are now under arrest for treason or who + may be hereafter arrested for the same offense. +</p> +<p> + That these are the views and purposes of the insurgents I am + confidentially assured by the notorious individual from whom I told you + I could learn their plans and designs; and no one has better means of + knowing than he, having been himself one of Mr. Dorr's confidential + advisers from the beginning. +</p> +<p> + The meeting at Woonsocket on the 1st did not amount to much, being but + thinly attended. The projected fortifications at that place have been + abandoned. It is said they will be thrown up in some other spot to be + designated hereafter, but this is not believed. +</p> +<p> + Mr. Dorr is now understood to be lurking in this city. Warrants have + been issued for his arrest both by the governor of this State and the + governor of Massachusetts, but he moves so privately and shifts his + whereabouts so often that he eludes his pursuers. +</p> +<p> + Under all the circumstances I think you will come to the opinion + entertained by seven-eighths of all the people of Providence (the scene + of his operations thus far) that, deserted by his followers at home and + disgraced in the estimation of those who sympathized with him abroad; + Mr. Dorr has it not in his power to do any further serious mischief. +</p> +<p> + Yours, very truly, +</p> +<p class="r"> + —— ——. +</p> +<p> </p><p> </p> +<p class="r"> + PROVIDENCE, R.I., <i>June 22, 1842</i>. +</p> +<p> + Hon. J.C. SPENCER, +<br> + <i>Secretary of War</i>. +</p> +<p> + SIR: When I last had the honor to write to you I felt confident that + there would be no further disturbance of the peace in this State. + Governor King was of the same opinion. But I now fear, from strong + indications, that Mr. Dorr and his party are determined to enter the + State in force, and that in a few days serious difficulties will arise. +</p> +<p> + On my arrival here this morning from Newport, on my way to New York, + I learnt from undoubted authority that several large boxes of muskets, + supposed to contain about eighty, were received the evening before last + at Woonsocket from New York; that several mounted cannon had been also + received there and forwarded on to Chepachet; that a number of men, not + citizens of the State, with arms, were in and about Woonsocket and + Chepachet; that forty-eight kegs of powder were stolen on Sunday night + last from a powder house in this neighborhood, and that Dorr, with about + twenty men, landed last evening at Norwich. +</p> +<p> + An unsuccessful attempt was made two nights ago to steal the guns of the + artillery company at Warren, and at several other places where guns had + been deposited by the State, by some of Dorr's men, one of whom has been + identified and arrested. +</p> +<p> + It has been observed for several days past that many of the suffrage + party and residents of this city have been sending off their families + and effects. The inhabitants of the city are seriously alarmed and in a + state of much excitement. An express to convey the above intelligence to + Governor King at Newport will be immediately sent down by the mayor of + the city. +</p> +<p> + I shall be in New York early to-morrow morning ready to receive any + instructions you may think proper to honor me with. +</p> +<p> + I have been compelled to write this in haste. +</p> +<p> + I am, sir, with great respect, your obedient servant, +</p> +<p class="r"> +JAS. BANKHEAD,<br> + <i>Colonel Second Regiment Artillery</i>. +</p> +<p> </p><p> </p> +<p class="r"> + CITY OF PROVIDENCE, MAYOR'S OFFICE, +<br> + <i>June 23,1842</i>. +</p> +<p> + SIR:<a href="#note-121"><small>121</small></a> Governor King, having gone to Newport this afternoon, has + requested me to forward his letter to Your Excellency, with such + depositions as I could procure concerning the state of affairs in + the north part of the State. These documents will be taken on by the + Hon. William Sprague, our Senator, who intends leaving to-night for + Washington. Should any accident prevent Mr. Sprague from going, I shall + forward them to be put in the mail. I inclose the depositions<a href="#note-122"><small>122</small></a> of + Messrs. Samuel W. Peckham and Charles I. Harris. Messrs. Keep and + Shelley, whom I sent out, have just returned. If I can get their + depositions in time, I shall also forward them. +</p> +<p> + About 11 a.m. this day a body marched from Woonsocket to Chepachet + amounting to 90 men, and other small bodies are marching in that + direction, so that I suppose that about 400 will be concentrated at + Chepachet this evening. +</p> +<p> + In this city there is much excitement, but no symptoms as yet of men + gathering with arms. There are many who I fear will be ready to join + in any mischief should Dorr's forces approach us. Up to 8 o'clock this + morning Mr. Dorr was in Connecticut, but a gentleman from Chepachet + informs me his friends expect him this day. +</p> +<p> + I remain, with great respect, your obedient servant, +</p> +<p class="r"> +THOS. M. BURGESS,<br> + <i>Mayor</i>. +</p> +<p> </p><p> </p> +<p class="r"> + EXECUTIVE DEPARTMENT, +<br> + <i>Providence, June 23, 1842</i>. +</p> +<p> + His Excellency JOHN TYLER, +<br> + <i>President of the United States</i>. +</p> +<p> + SIR: After my last communication the excitement and military operations + of the insurgents against the government of this State appeared to + subside, and I indulged hopes that no open violence would be attempted, + but that they were disposed to await the action of the general assembly, + now in session at Newport. I regret that I am obliged to inform Your + Excellency that within a few days past appearances have become more + alarming. Several iron cannon have been stolen from citizens of + Providence, and during the night of the 19th a powder house, owned by a + merchant of Providence, was broken open and about 1,200 pounds of powder + stolen therefrom. Yesterday the military operations of the insurgents + became more decided in their character. At Woonsocket and Chepachet + there were gatherings of men in military array, pretending to act under + the authority of Thomas W. Dorr. They established a kind of martial law + in those villages, stopped peaceable citizens in the highways, and at + Chepachet four citizens of Providence were seized by an armed force, + pinioned, and compelled to march about 10 miles under a guard of about + forty men to Woonsocket, where they were cruelly treated under pretense + of being spies. The insurgents are provided with cannon, tents, + ammunition, and stores. +</p> +<p> + It is ascertained that Thomas W. Dorr has returned from the city of New + York to the State of Connecticut, and I have reason to believe he will + be at Chepachet this day, where he will concentrate what forces he has + already under arms with such others as he can collect. Those already + assembled are composed of citizens of other States as well as of our + own, and are variously estimated at 500 to 1,000 men. +</p> +<p> + I have this morning had an interview with Colonel Bankhead, who will + communicate to the War Department such facts as have come to his + knowledge. I would further state to Your Excellency that in those + villages and their vicinity the civil authority is disregarded and + paralyzed. +</p> +<p> + Under these circumstances I respectfully submit to Your Excellency that + the crisis has arrived when the aid demanded by the legislature of the + State from the Federal Government is imperatively required to furnish + that protection to our citizens from domestic violence which is + guaranteed by the Constitution and laws of the United States. +</p> +<p> + I confidently trust that Your Excellency will adopt such measures as + will afford us prompt and efficient relief. +</p> +<p> + I remain, with great consideration, your obedient servant, +</p> +<p class="r"> + SAM. W. KING. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 25, 1842</i>. +</p> +<p> + Governor KING. +</p> +<p> + SIR: Your letter of the 23d instant was this day received by the hands + of Governor Sprague, together with the documents accompanying the same. + Your excellency has unintentionally overlooked the fact that the + legislature of Rhode Island is now in session. The act of Congress gives + to the Executive of the United States no power to summon to the aid of + the State the military force of the United States unless an application + shall be made by the legislature if in session; and that the State + executive can not make such application except when the legislature can + not be convened. (See act of Congress, February 28, 1795.) +</p> +<p> + I presume that your excellency has been led into the error of making + this application (the legislature of the State being in session at the + date of your dispatch) from a misapprehension of the true import of my + letter of 7th May last. I lose no time in correcting such + misapprehension if it exist. +</p> +<p> + Should the legislature of Rhode Island deem it proper to make a + similar application to that addressed to me by your excellency, their + communication shall receive all the attention which will be justly due + to the high source from which such application shall emanate. +</p> +<p> + I renew to your excellency assurances of high consideration. +</p> +<p class="r"> + J. TYLER. +</p> +<p> </p><p> </p> +<p class="r"> + PROVIDENCE, R.I., <i>June 23, 1842</i>. +</p> +<p> + Hon. JOHN C. SPENCER, +<br> + <i>Secretary of War</i>. +</p> +<p> + SIR: I addressed you yesterday afternoon in great haste, that my letter + might go by the mail (then about being closed), to inform you of the + sudden change in the aspect of affairs in this State, and also to inform + you that I should be this morning at Governors Island, New York. +</p> +<p> + At the urgent solicitation of Governor King, who crossed over from + Newport to Stonington to intercept me on the route, I returned last + night to this place from Stonington, having proceeded so far on my way + to New York. +</p> +<p> + In addition to what I stated in my letter yesterday, I learn from + Governor King (who has just called on me) that four citizens of this + city who had gone to Chepachet to ascertain what was going on there were + arrested as spies by the insurgents, bound, and sent last night to + Woonsocket, where they were confined when his informer left there at + 8 o'clock this morning; also that martial law had been proclaimed by the + insurgents at Woonsocket and Chepachet, and no one was allowed to enter + or depart from either place without permission. +</p> +<p> + The citizens of this city are in a state of intense excitement. +</p> +<p> + I shall return to-morrow to Newport to await any instructions you may be + pleased to favor me with. +</p> +<p> + I have the honor to be, sir, with great respect, your obedient servant, +</p> +<p class="r"> +JAS. BANKHEAD,<br> + <i>Colonel Second Regiment Artillery</i>. +</p> +<p> </p><p> </p> +<p class="r"> + PROVIDENCE, R.I., <i>June 23, 1842</i>. +</p> +<p> + Brigadier-General R. JONES, +<br> + <i>Adjutant-General United States Army</i>. +</p> +<p> + SIR: I left Newport yesterday morning to return to Fort Columbus, with + the belief that my presence could no longer be necessary for the purpose + I had been ordered there for. The legislature was in session, and, as I + was well assured, determined honestly and faithfully to adopt measures + to meet the wishes of the citizens of this State to form a constitution + on such liberal principles as to insure full satisfaction to all + patriotic and intelligent men who had any interest in the welfare of + the State. The well-known intention of the legislature in this respect + would, I hoped and believed, reconcile the factious and produce + tranquillity. But the aspect of affairs has suddenly become more + threatening and alarming. There is an assemblage of men at Woonsocket + and Chepachet, two small villages (say 15 miles distant hence) on the + borders of Connecticut, composed principally of strangers or persons + from other States. They have recently received 75 muskets from Boston + and 80 from New York, in addition to former supplies. They have also + several mounted cannon and a large quantity of ammunition, 48 kegs of + which they stole from a powder house not far distant from this, the + property of a manufacturer of powder. Dorr, it is supposed, joined his + party at one of the above-named places the night before last; he has + certainly returned from New York and passed through Norwich. His + <i>concentrated</i> forces are variously estimated at from 500 to 1,000 men. +</p> +<p> + I had proceeded thus far yesterday afternoon on my return to New York, + and had taken my seat in the cars for Stonington, when an express from + Governor King, who was at Newport, overtook me, to request that I would + not leave the State; too late, however, for me then to stop here, as + the cars were just moving off. On getting to Stonington I there found + Governor King, who had crossed over from Newport to intercept me, and + at his solicitation I at once returned with him last night in an extra + car to this place. Not then having a moment's time to write you, as the + steamboat left immediately on the arrival of the cars at Stonington, + I sent my adjutant on in the boat with directions to report to you the + fact and the cause of my return. +</p> +<p> + I had written thus far when the governor called on me, and has informed + me that four citizens of this State, who had gone to Chepachet to + ascertain the exact state of affairs there, were arrested as spies, + bound, and sent last night to Woonsocket, where two hours ago they were + still in confinement. Martial law has been declared in Chepachet and + Woonsocket, and no one allowed to enter or depart without permission. + I yesterday afternoon wrote to the Secretary of War (as I had been + directed), in great haste, however, to send by the mail, to inform him + of the sudden change in the aspect of affairs here; in which letter + I stated that I should be at Governors Island this morning. As I, of + course, then did not contemplate to the contrary, I beg you will do me + the favor to acquaint him with the cause of my return. +</p> +<p> + I can only add that the citizens of this place are in a state of intense + anxiety and excitement. I remain here to-day at the special request of + several who have just left me. To-morrow I shall return to Newport to + await any communication from you. +</p> +<p> + I am, sir, very respectfully, your obedient servant, +</p> +<p class="r"> +JAS. BANKHEAD,<br> + <i>Colonel Second Regiment Artillery</i>. +</p> +<p> </p><p> </p> +<p class="r"> + PROVIDENCE, R.I., <i>June 27, 1842</i>. +</p> +<p> + SIR:<a href="#note-123"><small>123</small></a> As there was no mail yesterday from this, I could make no + report to the Major-General Commanding of the military movements in + this quarter up to that time. Since my last letter to you most of the + volunteers and other military companies called out by the governor + have assembled here to the amount of about 2,000 men. The force of the + insurgents under the immediate direction of Mr. Dorr, and concentrated + at Chepachet, is estimated at from 800 to 1,000 men armed with muskets, + about 1,500 without arms, and 10 or 12 cannon mounted. +</p> +<p> + It seems to be impossible to avoid a conflict between the contending + parties without the interposition of a strong regular force. +</p> +<p> + The State force here can defend this city, and it might successfully + attack the insurgent force at Chepachet; but there would be danger in + leaving the city without adequate means of protection to it, as there is + doubtless a large number within the city with concealed arms ready to + commence hostilities. +</p> +<p> + The position taken by Dorr's troops at Chepachet is naturally strong, + and has been much strengthened by intrenchments, etc. It would therefore + be highly imprudent to make the attack, even if no secret foes were left + behind within the city, without a positive certainty of success; and + with the aid of a few disciplined troops a defeat there would be ruinous + and irreparable. +</p> +<p> + A force of 300 regular troops would insure success, and probably without + bloodshed. +</p> +<p> + I am, sir, very respectfully, your obedient servant, +</p> +<p class="r"> +JAS. BANKHEAD,<br> + <i>Colonel Second Regiment Artillery</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 27, 1842</i>. +</p> +<p> + The PRESIDENT OF THE UNITED STATES. +</p> +<p> + SIR: The intelligence from Rhode Island since the call was made on you + by the Senators from that State is of a character still more serious + and urgent than that then communicated to you by Mr. Sprague, who was + charged with communications to Your Excellency from Governor King. We + are informed that a requisition was made upon the Government of the + United States by the governor of Rhode Island, pursuant to resolutions + passed by the general assembly of that State when in session in May + last, calling for a proclamation against those engaged in an armed + rebellion against the government of Rhode Island and for military aid in + suppressing the same; that Your Excellency replied to Governor King that + in the opinion of the Executive the force arrayed against the government + of the State was not then such as to warrant immediate action on his + part, but that Your Excellency in your reply proceeded to say: "If an + exigency of lawless violence shall actually arise, the executive + government of the United States, on the application of your excellency + under the authority of the resolutions of the legislature already + submitted, will stand ready to succor the authorities of the State in + their efforts to maintain a due respect for the laws." Whereby it was + understood that in the event of the assembling of such an armed force as + would require the interference contemplated by the Constitution and laws + of the United States the Executive of the United States, upon being duly + notified of the fact by the governor of the State, would act upon the + requisition already made by the legislature without further action on + the part of that body. +</p> +<p> + We understand that upon this notice being given through the + communications handed you by Mr. Sprague on Saturday, containing proof + of the existence and array of a large body of armed men within the State + of Rhode Island, who had already committed acts of lawless violence, + both by depredating largely upon property in various parts of the + State and by capturing and confining citizens, as well as owning and + manifesting a determination to attack the constituted authorities, you + considered that it was desirable that this communication should have + been accompanied with a further resolution of the general assembly + authorizing the governor to act in this instance, from the fact that + the assembly was then in session by adjournment. +</p> +<p> + It is the purpose of this communication respectfully to state that we + conceive the existing circumstances call for the immediate action of the + Executive upon the information and papers now in its possession. +</p> +<p> + The meeting of the legislature during the last week was by adjournment. + It is in law regarded as the May session of the general assembly, and + can be regarded in no other light than if it had been a continuous + session of that body held from day to day by usual adjournments. Had + this last been the case, it can not be conceived that new action on its + part would have been required to give notice of any movements of hostile + forces engaged in the same enterprise which was made known to the + Executive by its resolutions of May last. +</p> +<p> + Our intelligence authorizes us to believe that a multitude of + lawless and violent men, not citizens of Rhode Island, but inhabitants + of other States, wickedly induced by pay and by hopes of spoil, and + perhaps instigated also by motives arising from exasperation on the + part of their instigators and of themselves at the course heretofore + indicated in this matter by the executive government of the Union, have + congregated themselves and are daily increasing their numbers within the + borders of our State, organized, armed, and arrayed in open war upon the + State authorities, and ready to be led, and avowedly about to be led, + to the attack of the principal city of the State as part of the same + original plan to overthrow the government, and that in the prosecution + of this plan our citizens have reason to apprehend the most desperate + and reckless assaults of ruffianly violence upon their property, their + habitations, and their lives. +</p> +<p> + We beg leave to refer you, in addition, to a letter which we understand + was received yesterday by General Scott from Colonel Bankhead, detailing + some information in his possession. +</p> +<p> + We therefore respectfully request an immediate compliance on the part + of the Executive with the requisition communicated in the papers from + Governor King, as the most effectual, and, in our opinion, the only + measure that can now prevent the effusion of blood and the calamities + of intestine violence, if each has not already occurred. +</p> +<p> + We are, with the highest respect, Your Excellency's obedient servants, +</p> +<p class="r"> +JAMES F. SIMMONS.<br> + WM. SPRAGUE.<br> + JOSEPH L. TILLINGHAST. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 29,1842</i>. +</p> +<p> + The Secretary Of War. +</p> +<p> + SIR: From the official communication of Colonel Bankhead to you, this + day laid before me, it is evident that the difficulties in Rhode Island + have arrived at a crisis which may require a prompt interposition of + the Executive of the United States to prevent the effusion of blood. + From the correspondence already had with the governor of Rhode Island + I have reason to expect that a requisition will be immediately made + by the government of that State for the assistance guaranteed by the + Constitution to protect its citizens from domestic violence. With a view + to ascertain the true condition of things and to render the assistance + of this Government (if any shall be required) as prompt as may be, you + are instructed to proceed to Rhode Island, and, in the event of a + requisition being made upon the President in conformity with the laws of + the United States, you will cause the proclamation herewith delivered + to be published. And should circumstances in your opinion render it + necessary, you will also call upon the governors of Massachusetts and + Connecticut, or either of them, for such number and description of the + militia of their respective States as may be sufficient to terminate at + once the insurrection in Rhode Island. And in the meantime the troops + in the vicinity of Providence may with propriety be placed in such + positions as will enable them to defend that city from assault. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<a name="2H_4_0020"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. +</h2> +<h3> + A PROCLAMATION. +</h3> +<p> + Whereas the legislature of the State of Rhode Island has applied to + the President of the United States setting forth the existence of + a dangerous insurrection in that State, composed partly of deluded + citizens of the State, but chiefly of intruders of dangerous and + abandoned character coming from other States, and requiring the + immediate interposition of the constitutional power vested in him to be + exercised in such cases, I do issue this my proclamation, according to + law, hereby commanding all insurgents and all persons connected with + said insurrection to disperse and retire peaceably to their respective + abodes within twenty-four hours from the time when this proclamation + shall be made public in Rhode Island. +</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> + Done at the city of Washington this —— day of —— A.D. 1842, and of + the Independence of the United States the sixty-sixth. +</p> +<p class="r"> + [L.S.] JOHN TYLER. +</p> +<p><br> +By the President:<br> + DANL. WEBSTER,<br> + <i>Secretary of State</i>. +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 22, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for your approval and ratification, a treaty which + I have caused to be negotiated between the United States and Texas, + whereby the latter, on the conditions therein set forth, has transferred + and conveyed all its right of separate and independent sovereignty and + jurisdiction to the United States. In taking so important a step I have + been influenced by what appeared to me to be the most controlling + considerations of public policy and the general good, and in having + accomplished it, should it meet with your approval, the Government will + have succeeded in reclaiming a territory which formerly constituted a + portion, as it is confidently believed, of its domain under the treaty + of cession of 1803 by France to the United States. +</p> +<p> + The country thus proposed to be annexed has been settled principally + by persons from the United States, who emigrated on the invitation + of both Spain and Mexico, and who carried with them into the wilderness + which they have partially reclaimed the laws, customs, and political + and domestic institutions of their native land. They are deeply + indoctrinated in all the principles of civil liberty, and will bring + along with them in the act of reassociation devotion to our Union and + a firm and inflexible resolution to assist in maintaining the public + liberty unimpaired—a consideration which, as it appears to me, is to be + regarded as of no small moment. The country itself thus obtained is of + incalculable value in an agricultural and commercial point of view. To a + soil of inexhaustible fertility it unites a genial and healthy climate, + and is destined at a day not distant to make large contributions to the + commerce of the world. Its territory is separated from the United States + in part by an imaginary line, and by the river Sabine for a distance + of 310 miles, and its productions are the same with those of many of + the contiguous States of the Union. Such is the country, such are its + inhabitants, and such its capacities to add to the general wealth of the + Union. As to the latter, it may be safely asserted that in the magnitude + of its productions it will equal in a short time, under the protecting + care of this Government, if it does not surpass, the combined production + of many of the States of the Confederacy. A new and powerful impulse + will thus be given to the navigating interest of the country, which will + be chiefly engrossed by our fellow-citizens of the Eastern and Middle + States, who have already attained a remarkable degree of prosperity by + the partial monopoly they have enjoyed of the carrying trade of the + Union, particularly the coastwise trade, which this new acquisition is + destined in time, and that not distant, to swell to a magnitude which + can not easily be computed, while the addition made to the boundaries + of the home market thus secured to their mining, manufacturing, and + mechanical skill and industry will be of a character the most commanding + and important. Such are some of the many advantages which will + accrue to the Eastern and Middle States by the ratification of the + treaty—advantages the extent of which it is impossible to estimate with + accuracy or properly to appreciate. Texas, being adapted to the culture + of cotton, sugar, and rice, and devoting most of her energies to the + raising of these productions, will open an extensive market to the + Western States in the important articles of beef, pork, horses, mules, + etc., as well as in breadstuffs. At the same time, the Southern and + Southeastern States will find in the fact of annexation protection and + security to their peace and tranquillity, as well against all domestic + as foreign efforts to disturb them, thus consecrating anew the union of + the States and holding out the promise of its perpetual duration. Thus, + at the same time that the tide of public prosperity is greatly swollen, + an appeal of what appears to the Executive to be of an imposing, if not + of a resistless, character is made to the interests of every portion of + the country. Agriculture, which would have a new and extensive market + opened for its produce; commerce, whose ships would be freighted with + the rich productions of an extensive and fertile region; and the + mechanical arts, in all their various ramifications, would seem to + unite in one universal demand for the ratification of the treaty. But + important as these considerations may appear, they are to be regarded + as but secondary to others. Texas, for reasons deemed sufficient by + herself, threw off her dependence on Mexico as far back as 1836, and + consummated her independence by the battle of San Jacinto in the same + year, since which period Mexico has attempted no serious invasion of her + territory, but the contest has assumed features of a mere border war, + characterized by acts revolting to humanity. In the year 1836 Texas + adopted her constitution, under which she has existed as a sovereign + power ever since, having been recognized as such by many of the + principal powers of the world; and contemporaneously with its adoption, + by a solemn vote of her people, embracing all her population but + ninety-three persons, declared her anxious desire to be admitted into + association with the United States as a portion of their territory. + This vote, thus solemnly taken, has never been reversed, and now by the + action of her constituted authorities, sustained as it is by popular + sentiment, she reaffirms her desire for annexation. This course has been + adopted by her without the employment of any sinister measures on the + part of this Government. No intrigue has been set on foot to accomplish + it. Texas herself wills it, and the Executive of the United States, + concurring with her, has seen no sufficient reason to avoid the + consummation of an act esteemed to be so desirable by both. It can + not be denied that Texas is greatly depressed in her energies by her + long-protracted war with Mexico. Under these circumstances it is but + natural that she should seek for safety and repose under the protection + of some stronger power, and it is equally so that her people should turn + to the United States, the land of their birth, in the first instance in + the pursuit of such protection. She has often before made known her + wishes, but her advances have to this time been repelled. The Executive + of the United States sees no longer any cause for pursuing such a + course. The hazard of now defeating her wishes may be of the most fatal + tendency. It might lead, and most probably would, to such an entire + alienation of sentiment and feeling as would inevitably induce her to + look elsewhere for aid, and force her either to enter into dangerous + alliances with other nations, who, looking with more wisdom to their + own interests, would, it is fairly to be presumed, readily adopt such + expedients; or she would hold out the proffer of discriminating duties + in trade and commerce in order to secure the necessary assistance. + Whatever step she might adopt looking to this object would prove + disastrous in the highest degree to the interests of the whole Union. + To say nothing of the impolicy of our permitting the carrying trade + and home market of such a country to pass out of our hands into those + of a commercial rival, the Government, in the first place, would be + certain to suffer most disastrously in its revenue by the introduction + of a system of smuggling upon an extensive scale, which an army of + custom-house officers could not prevent, and which would operate to + affect injuriously the interests of all the industrial classes of this + country. Hence would arise constant collisions between the inhabitants + of the two countries, which would evermore endanger their peace. A large + increase of the military force of the United States would inevitably + follow, thus devolving upon the people new and extraordinary burdens in + order not only to protect them from the danger of daily collision with + Texas herself, but to guard their border inhabitants against hostile + inroads, so easily excited on the part of the numerous and warlike + tribes of Indians dwelling in their neighborhood. Texas would + undoubtedly be unable for many years to come, if at any time, to resist + unaided and alone the military power of the United States; but it is not + extravagant to suppose that nations reaping a rich harvest from her + trade, secured to them by advantageous treaties, would be induced to + take part with her in any conflict with us, from the strongest + considerations of public policy. Such a state of things might subject + to devastation the territory of contiguous States, and would cost the + country in a single campaign more treasure, thrice told over, than is + stipulated to be paid and reimbursed by the treaty now proposed for + ratification. I will not permit myself to dwell on this view of the + subject. Consequences of a fatal character to the peace of the Union, + and even to the preservation of the Union itself, might be dwelt upon. + They will not, however, fail to occur to the mind of the Senate and of + the country. Nor do I indulge in any vague conjectures of the future. + The documents now transmitted along with the treaty lead to the + conclusion, as inevitable, that if the boon now tendered be rejected + Texas will seek for the friendship of others. In contemplating such a + contingency it can not be overlooked that the United States are already + almost surrounded by the possessions of European powers. The Canadas, + New Brunswick, and Nova Scotia, the islands in the American seas, with + Texas trammeled by treaties of alliance or of a commercial character + differing in policy from that of the United States, would complete the + circle. Texas voluntarily steps forth, upon terms of perfect honor and + good faith to all nations, to ask to be annexed to the Union. As an + independent sovereignty her right to do this is unquestionable. In + doing so she gives no cause of umbrage to any other power; her people + desire it, and there is no slavish transfer of her sovereignty and + independence. She has for eight years maintained her independence + against all efforts to subdue her. She has been recognized as + independent by many of the most prominent of the family of nations, + and that recognition, so far as they are concerned, places her in + a position, without giving any just cause of umbrage to them, to + surrender her sovereignty at her own will and pleasure. The United + States, actuated evermore by a spirit of justice, has desired by the + stipulations of the treaty to render justice to all. They have made + provision for the payment of the public debt of Texas. We look to her + ample and fertile domain as the certain means of accomplishing this; but + this is a matter between the United States and Texas, and with which + other Governments have nothing to do. Our right to receive the rich + grant tendered by Texas is perfect, and this Government should not, + having due respect either to its own honor or its own interests, permit + its course of policy to be interrupted by the interference of other + powers, even if such interference were threatened. The question is one + purely American. In the acquisition, while we abstain most carefully + from all that could interrupt the public peace, we claim the right to + exercise a due regard to our own. This Government can not consistently + with its honor permit any such interference. With equal, if not greater, + propriety might the United States demand of other governments to + surrender their numerous and valuable acquisitions made in past time at + numberless places on the surface of the globe, whereby they have added + to their power and enlarged their resources. +</p> +<p> + To Mexico the Executive is disposed to pursue a course conciliatory in + its character and at the same time to render her the most ample justice + by conventions and stipulations not inconsistent with the rights and + dignity of the Government. It is actuated by no spirit of unjust + aggrandizement, but looks only to its own security. It has made known to + Mexico at several periods its extreme anxiety to witness the termination + of hostilities between that country and Texas. Its wishes, however, have + been entirely disregarded. It has ever been ready to urge an adjustment + of the dispute upon terms mutually advantageous to both. It will be + ready at all times to hear and discuss any claims Mexico may think she + has on the justice of the United States and to adjust any that may be + deemed to be so on the most liberal terms. There is no desire on the + part of the Executive to wound her pride or affect injuriously her + interest, but at the same time it can not compromit by any delay in its + action the essential interests of the United States. Mexico has no right + to ask or expect this of us; we deal rightfully with Texas as an + independent power. The war which has been waged for eight years has + resulted only in the conviction with all others than herself that Texas + can not be reconquered. I can not but repeat the opinion expressed in my + message at the opening of Congress that it is time it had ceased. The + Executive, while it could not look upon its longer continuance without + the greatest uneasiness, has, nevertheless, for all past time preserved + a course of strict neutrality. It could not be ignorant of the fact of + the exhaustion which a war of so long a duration had produced. Least of + all was it ignorant of the anxiety of other powers to induce Mexico to + enter into terms of reconciliation with Texas, which, affecting the + domestic institutions of Texas, would operate most injuriously upon the + United States and might most seriously threaten the existence of this + happy Union. Nor could it be unacquainted with the fact that although + foreign governments might disavow all design to disturb the relations + which exist under the Constitution between these States, yet that one, + the most powerful amongst them, had not failed to declare its marked + and decided hostility to the chief feature in those relations and its + purpose on all suitable occasions to urge upon Mexico the adoption of + such a course in negotiating with Texas as to produce the obliteration + of that feature from her domestic policy as one of the conditions of her + recognition by Mexico as an independent state. The Executive was also + aware of the fact that formidable associations of persons, the subjects + of foreign powers, existed, who were directing their utmost efforts + to the accomplishment of this object. To these conclusions it was + inevitably brought by the documents now submitted to the Senate. + I repeat, the Executive saw Texas in a state of almost hopeless + exhaustion, and the question was narrowed down to the simple proposition + whether the United States should accept the boon of annexation upon fair + and even liberal terms, or, by refusing to do so, force Texas to seek + refuge in the arms of some other power, either through a treaty of + alliance, offensive and defensive, or the adoption of some other + expedient which might virtually make her tributary to such power and + dependent upon it for all future time. The Executive has full reason to + believe that such would have been the result without its interposition, + and that such will be the result in the event either of unnecessary + delay in the ratification or of the rejection of the proposed treaty. +</p> +<p> + In full view, then, of the highest public duty, and as a measure of + security against evils incalculably great, the Executive has entered + into the negotiation, the fruits of which are now submitted to the + Senate. Independent of the urgent reasons which existed for the step + it has taken, it might safely invoke the fact (which it confidently + believes) that there exists no civilized government on earth having a + voluntary tender made it of a domain so rich and fertile, so replete + with all that can add to national greatness and wealth, and so necessary + to its peace and safety that would reject the offer. Nor are other + powers, Mexico inclusive, likely in any degree to be injuriously + affected by the ratification of the treaty. The prosperity of Texas + will be equally interesting to all; in the increase of the general + commerce of the world that prosperity will be secured by annexation. +</p> +<p> + But one view of the subject remains to be presented. It grows out of the + proposed enlargement of our territory. From this, I am free to confess, + I see no danger. The federative system is susceptible of the greatest + extension compatible with the ability of the representation of the most + distant State or Territory to reach the seat of Government in time to + participate in the functions of legislation and to make known the wants + of the constituent body. Our confederated Republic consisted originally + of thirteen members. It now consists of twice that number, while + applications are before Congress to permit other additions. This + addition of new States has served to strengthen rather than to weaken + the Union. New interests have sprung up, which require the united power + of all, through the action of the common Government, to protect and + defend upon the high seas and in foreign parts. Each State commits with + perfect security to that common Government those great interests growing + out of our relations with other nations of the world, and which equally + involve the good of all the States. Its domestic concerns are left to + its own exclusive management. But if there were any force in the + objection it would seem to require an immediate abandonment of + territorial possessions which lie in the distance and stretch to a + far-off sea, and yet no one would be found, it is believed, ready to + recommend such an abandonment. Texas lies at our very doors and in our + immediate vicinity. +</p> +<p> + Under every view which I have been able to take of the subject, I think + that the interests of our common constituents, the people of all the + States, and a love of the Union left the Executive no other alternative + than to negotiate the treaty. The high and solemn duty of ratifying or + rejecting it is wisely devolved on the Senate by the Constitution of the + United States. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 22, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith an additional article to the treaty of extradition + lately concluded between the Governments of France and the United + States, for your approval and ratification. The reason upon which it is + founded is explained on the face of the article and in the letter from + Mr. Pageot which accompanies this communication. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 26, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 22d instant, + requesting the President to communicate to that body any communication, + papers, or maps in possession of this Government specifying the + southern, southwestern, and western boundaries of Texas, I transmit + a map of Texas and the countries adjacent, compiled in the Bureau of + Topographical Engineers, under the direction of Colonel J.J. Abert, + by Lieutenant U.E. Emory, of that Corps, and also a memoir upon the + subject by the same officer. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In my annual message at the commencement of the present session of + Congress I informed the two Houses that instructions had been given + by the Executive to the United States envoy at Berlin to negotiate + a commercial treaty with the States composing the Germanic Customs + Union for a reduction of the duties on tobacco and other agricultural + productions of the United States, in exchange for concessions on our + part in relation to certain articles of export the product of the skill + and industry of those countries. I now transmit a treaty which proposes + to carry into effect the views and intentions thus previously expressed + and declared, accompanied by two dispatches from Mr. Wheaton, our + minister at Berlin. This is believed to be the first instance in which + the attempt has proved successful to obtain a reduction of the heavy and + onerous duties to which American tobacco is subject in foreign markets, + and, taken in connection with the greatly reduced duties on rice and + lard and the free introduction of raw cotton, for which the treaty + provides, I can not but anticipate from its ratification important + benefits to the great agricultural, commercial, and navigating interests + of the United States. The concessions on our part relate to articles + which are believed not to enter injuriously into competition with the + manufacturing interest of the United States, while a country of great + extent and embracing a population of 28,000,000 human beings will more + thoroughly than heretofore be thrown open to the commercial enterprise + of our fellow-citizens. +</p> +<p> + Inasmuch as the provisions of the treaty come to some extent in conflict + with existing laws, it is my intention, should it receive your approval + and ratification, to communicate a copy of it to the House of + Representatives, in order that that House may take such action upon it + as it may deem necessary to give efficiency to its provisions. +</p> +<p class="r"> JOHN TYLER.</p> +<p> + APRIL 29, 1844 +</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 29, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate, with reference to my message of + the 22d instant, the copy of a recent correspondence<a href="#note-124"><small>124</small></a> between the + Department of State and the minister of Her Britannic Majesty in this + country. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>April 29, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate a report of the Secretary of War, prepared + in compliance with the request contained in a resolution of the 10th + instant.<a href="#note-125"><small>125</small></a> +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 1, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a dispatch from the British minister, addressed to + the Secretary of State, bearing date the 30th April, in reply to the + letter of the Secretary of State of the 27th April, which has already + been communicated to the Senate, having relation to the Texas treaty. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 3, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 29th ultimo, requesting + a copy of additional papers upon the subject of the relations between + the United States and the Republic of Texas, I transmit a report from + the Secretary of State and the documents by which it was accompanied. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 6, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit the accompanying correspondence, relating to the + treaty recently concluded by the minister of the United States at Berlin + with the States comprising the Zollverein. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 6, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit to the House of Representatives a report<a href="#note-126"><small>126</small></a> of the Secretary + of War, prepared as requested by the resolution of the House of the 18th + of January last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 6, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I transmit herewith a report and accompanying documents from the + Secretary of War, containing all the information that can be now + furnished by that Department, in answer to the resolution of the House + of Representatives of the 18th of January, respecting the allowance of + claims previously rejected. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 7, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a postal convention between the United States and the + Republic of New Granada, signed in the city of Bogota on the 6th of + March last. +</p> +<p> + In order that the Senate may better understand the objects of the + convention and the motives which have made those objects desirable + on the part of the United States, I also transmit a copy of a + correspondence between the Department of State and the chairman of the + Committee on Commerce in the Senate, and between the same Department and + Mr. Blackford, the chargé d'affaires of the United States at Bogota, who + concluded the convention on the part of this Government. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 10, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I deem it proper to transmit the accompanying dispatch, recently + received from the United States envoy at London, having reference to the + treaty now before the Senate lately negotiated by Mr. Wheaton, our envoy + at Berlin, with the Zollverein. +</p> +<p> + I will not withhold the expression of my full assent to the views + expressed by Mr. Everett in his conference with Lord Aberdeen. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 10, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I communicate to Congress a letter from the Imaum of Muscat and a + translation of it, together with sundry other papers, by which it will + be perceived that His Highness has been pleased again to offer to the + United States a present of Arabian horses. These animals will be in + Washington in a short time, and will be disposed of in such manner as + Congress may think proper to direct. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 11, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration, two + conventions concluded by the minister of the United States at + Berlin—the one with the Kingdom of Wurtemberg, dated on the 10th day of + April, and the other with the Grand Duchy of Hesse, dated on the 26th + day of March, 1844—for the mutual abolition of the <i>droit d'aubaine</i> + and the <i>droit de detraction</i> between those Governments and the United + States, and I communicate with the conventions copies of the + correspondence necessary to explain the reasons for concluding them. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 15, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 13th instant, + requesting to be informed "whether, since the commencement of the + negotiations which resulted in the treaty now before the Senate for the + annexation of Texas to the United States, any military preparation has + been made or ordered by the President for or in anticipation of war, + and, if so, for what cause, and with whom was such war apprehended, + and what are the preparations that have been made or ordered; has any + movement or assemblage or disposition of any of the military or naval + forces of the United States been made or ordered with a view to such + hostilities; and to communicate to the Senate copies of all orders or + directions given for any such preparation or for any such movement or + disposition or for the future conduct of such military or naval forces," + I have to inform the Senate that, in consequence of the declaration of + Mexico communicated to this Government and by me laid before Congress + at the opening of its present session, announcing the determination + of Mexico to regard as a declaration of war against her by the United + States the definitive ratification of any treaty with Texas annexing the + territory of that Republic to the United States, and the hope and belief + entertained by the Executive that the treaty with Texas for that purpose + would be speedily approved and ratified by the Senate, it was regarded + by the Executive to have become emphatically its duty to concentrate + in the Gulf of Mexico and its vicinity, as a precautionary measure, + as large a portion of the home squadron, under the command of Captain + Conner, as could well be drawn together, and at the same time to + assemble at Fort Jesup, on the borders of Texas, as large a military + force as the demands of the service at other encampments would authorize + to be detached. For the number of ships already in the Gulf and the + waters contiguous thereto and such as are placed under orders for that + destination, and of troops now assembled upon the frontier, I refer you + to the accompanying reports from the Secretaries of the War and Navy + Departments. It will also be perceived by the Senate, by referring to + the orders of the Navy Department which are herewith transmitted, that + the naval officer in command of the fleet is directed to cause his ships + to perform all the duties of a fleet of observation and to apprise the + Executive of any indication of a hostile design upon Texas on the part + of any nation pending the deliberations of the Senate upon the treaty, + with a view that the same should promptly be submitted to Congress for + its mature deliberation. At the same time, it is due to myself that + I should declare it as my opinion that the United States having by the + treaty of annexation acquired a title to Texas which requires only the + action of the Senate to perfect it, no other power could be permitted + to invade and by force of arms to possess itself of any portion of the + territory of Texas pending your deliberations upon the treaty without + placing itself in an hostile attitude to the United States and + justifying the employment of any military means at our disposal to drive + back the invasion. At the same time, it is my opinion that Mexico of + any other power will find in your approval of the treaty no just cause + of war against the United States, nor do I believe that there is any + serious hazard of war to be found in the fact of such approval. + Nevertheless, every proper measure will be resorted to by the Executive + to preserve upon an honorable and just basis the public peace by + reconciling Mexico, through a liberal course of policy, to the treaty. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 15, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 13th instant, + requesting to be informed "whether a messenger has been sent to Mexico + with a view to obtain her consent to the treaty with Texas, and, if so, + to communicate to the Senate a copy of the dispatches of which he is + bearer and a copy of the instructions given to said messenger; and also + to inform the Senate within what time said messenger is expected to + return," I have to say that no messenger has been sent to Mexico in + order to obtain her assent to the treaty with Texas, it not being + regarded by the Executive as in any degree requisite to obtain such + consent in order (should the Senate ratify the treaty) to perfect the + title of the United States to the territory thus acquired, the title to + the same being full and perfect without the assent of any third power. + The Executive has negotiated with Texas as an independent power of the + world, long since recognized as such by the United States and other + powers, and as subordinate in all her rights of full sovereignty to no + other power. A messenger has been dispatched to our minister at Mexico + as bearer of the dispatch already communicated to the Senate, and which + is to be found in the letter addressed to Mr. Green, and forms a part of + the documents ordered confidentially to be printed for the use of the + Senate. That dispatch was dictated by a desire to preserve the peace + of the two countries by denying to Mexico all pretext for assuming a + belligerent attitude to the United States, as she had threatened to do, + in the event of the annexation of Texas to the United States, by the + dispatch of her Government which was communicated by me to Congress at + the opening of its present session. The messenger is expected to return + before the 15th of June next, but he may be detained to a later day. The + recently appointed envoy from the United States to Mexico will be sent + so soon as the final action is had on the question of annexation, at + which time, and not before, can his instructions be understandingly + prepared. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 16, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In my message communicating the treaty with Texas I expressed the + opinion that if Texas was not now annexed it was probable that the + opportunity of annexing it to the United States would be lost forever. + Since then the subject has been much agitated, and if an opinion may + be formed of the chief ground of the opposition to the treaty, it is + not that Texas ought not at some time or other to be annexed, but that + the present is not the proper time. It becomes, therefore, important, + in this view of the subject, and is alike due to the Senate and the + country, that I should furnish any papers in my possession which may be + calculated to impress the Senate with the correctness of the opinion + thus expressed by me. With this view I herewith transmit a report from + the Secretary of State, accompanied by various communications on the + subject. These communications are from private sources, and it is to be + remarked that a resort must in all such cases be had chiefly to private + sources of information, since it is not to be expected that any + government, more especially if situated as Texas is, would be inclined + to develop to the world its ulterior line of policy. +</p> +<p> + Among the extracts is one from a letter from General Houston to General + Andrew Jackson, to which I particularly invite your attention, and + another from General Jackson to a gentleman of high respectability, + now of this place. Considering that General Jackson was placed in a + situation to hold the freest and fullest interview with Mr. Miller, the + private and confidential secretary of President Houston, who, President + Houston informed General Jackson, "knows all his actions and understands + all his motives," and who was authorized to communicate to General + Jackson the views of the policy entertained by the President of Texas, + as well applicable to the present as the future; that the declaration + made by General Jackson in his letter "that the present golden moment to + obtain Texas must not be lost, or Texas might from necessity be thrown + into the arms of England and be forever lost to the United States," + was made with a full knowledge of all circumstances, and ought to be + received as conclusive of what will be the course of Texas should the + present treaty fail—from this high source, sustained, if it requires + to be sustained, by the accompanying communications, I entertain not + the least doubt that if annexation should now fail it will in all human + probability fail forever. Indeed, I have strong reasons to believe that + instructions have already been given by the Texan Government to propose + to the Government of Great Britain, forthwith on the failure, to enter + into a treaty of commerce and an alliance offensive and defensive. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 17, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 13th instant, relating + to a supposed armistice between the Republics of Mexico and Texas, + I transmit a report from the Secretary of State and the papers by which + it was accompanied. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 18, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 29th ultimo, upon the + subject of unpublished correspondence in regard to the purchase of or + title to Texas, I transmit a report from the Secretary of State and the + documents by which it was accompanied. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 18, 1844</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In answer to a resolution of the House of Representatives of the 3d of + January last, requesting the President of the United States "to cause to + be communicated to that House copies of all the instructions given to + the commanding officers of the squadron stipulated by the treaty with + Great Britain of 9th of August, 1842, to be kept on the coast of Africa + for the suppression of the slave trade," and also copies of the + "instructions given by the British Government to their squadron + stipulated by the same, if such instructions have been communicated to + this Government," I have to inform the House of Representatives that + in my opinion it would be incompatible with the public interests to + communicate to that body at this time copies of the instructions + referred to. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 20, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of the + 22d ultimo, I communicate a report<a href="#note-127"><small>127</small></a> from the Secretary of State, + which embraces the information called for by said resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 20. 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith transmit a letter from the Secretary of the Navy, + accompanied by a report from the Bureau of Construction and Equipment + and a communication from Lieutenant Hunter, of the Navy, prepared + at the request of the Secretary, upon the subject of a plan for the + establishment in connection with the Government of France of a line of + steamers between the ports of Havre and New York, with estimates of the + expense which may be necessary to carry the said plan into effect. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 23, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + Your resolution of the 18th instant, adopted in <i>executive</i> session, + addressed to the Secretary of the Treasury <i>ad interim</i>, has been + communicated to me by that officer. While I can not recognize this + call thus made on the head of a Department as consistent with the + constitutional rights of the Senate when acting in its executive + capacity, which in such case can only properly hold correspondence with + the President of the United States, nevertheless, from an anxious desire + to lay before the Senate all such information as may be necessary to + enable it with full understanding to act upon any subject which may be + before it, I herewith transmit communications<a href="#note-128"><small>128</small></a> which have been made + to me by the Secretaries of the War and Navy Departments, in full answer + to the resolution of the Senate. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p> + WASHINGTON CITY, D.C., <i>May 24, 1844</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith a report<a href="#note-129"><small>129</small></a> from the Secretary of the Navy, in + compliance with the resolution of the House of Representatives of the + 18th of January last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>May 31, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 22d instant, requesting + information in regard to any promise by the President of military or + other aid to Texas in the event of an agreement on the part of that + Republic to annex herself to the United States, I transmit a report from + the Secretary of State and the documents by which it was accompanied. +</p> +<p> + In my message to the Senate of the 15th of this month I adverted to + the duty which, in my judgment, the signature of the treaty for the + annexation of Texas had imposed upon me, to repel any invasion of that + country by a foreign power while the treaty was under consideration by + the Senate, and I transmitted reports from the Secretaries of War and + of the Navy, with a copy of the orders which had been issued from those + Departments for the purpose of enabling me to execute that duty. + In those orders General Taylor was directed to communicate directly + with the President of Texas upon the subject, and Captain Conner was + instructed to communicate with the chargé d'affaires of the United + States accredited to that Government. No copy of any communication which + either of those officers may have made pursuant to those orders has yet + been received at the Departments from which they emanated. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 1, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate a copy of a letter dated the 25th + of August, 1829, addressed by Mr. Van Buren, Secretary of State, to + Mr. Poinsett, envoy extraordinary and minister plenipotentiary of the + United States to Mexico, which letter contains, it is presumed, the + instructions a copy of which was requested by the resolution of the + Senate of the 28th ultimo in executive session. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 3, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 28th ultimo, upon the + subject of a "private letter" quoted in the instruction from the late + Mr. Upshur to the chargé d'affaires of the United States in Texas, dated + the 8th of August last, I transmit a report from the Secretary of State, + to whom the resolution was referred. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 4, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of yesterday in executive + session, requesting a copy of a note supposed to have been addressed to + the Secretary of State by the diplomatic agents of the Republic of Texas + accredited to this Government, I transmit a report from the Secretary of + State, to whom the resolution was referred. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 5, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate, with reference to previous Executive + communications to that body relating to the same subject, the copy of a + letter<a href="#note-130"><small>130</small></a> recently received at the Department of State from the + minister of the United States in London. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 7, 1844</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I herewith transmit to the House of Representatives the copy of a letter + recently addressed to the Secretary of State by the British minister at + Washington, with the view of ascertaining "whether it would be agreeable + to this Government that an arrangement should be concluded for the + transmission through the United States of the mails to and from Canada + and England which are now landed at Halifax and thence forwarded through + the British dominions to their destination." +</p> +<p> + It will be perceived that this communication has been referred to the + Postmaster-General, and his opinion respecting the proposition will + accordingly be found in his letter to the Department of State of the 5th + instant, a copy of which is inclosed. I lose no time in recommending the + subject to the favorable consideration of the House and in bespeaking + for it early attention. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 8, 1844</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with a resolution of the House of Representatives of the + 29th of April last, I communicate to that body a report<a href="#note-131"><small>131</small></a> from the + Secretary of State, which embraces the information called for by that + resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 10, 1844</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + The treaty negotiated by the Executive with the Republic of Texas, + without a departure from any form of proceeding customarily observed in + the negotiations of treaties for the annexation of that Republic to the + United States, having been rejected by the Senate, and the subject + having excited on the part of the people no ordinary degree of interest, + I feel it to be my duty to communicate, for your consideration, the + rejected treaty, together with all the correspondence and documents + which have heretofore been submitted to the Senate in its executive + sessions. The papers communicated embrace not only the series already + made public by orders of the Senate, but others from which the veil + of secrecy has not been removed by that body, but which I deem to be + essential to a just appreciation of the entire question. While the + treaty was pending before the Senate I did not consider it compatible + with the just rights of that body or consistent with the respect + entertained for it to bring this important subject before you. The + power of Congress is, however, fully competent in some other form of + proceeding to accomplish everything that a formal ratification of the + treaty could have accomplished, and I therefore feel that I should but + imperfectly discharge my duty to yourselves or the country if I failed + to lay before you everything in the possession of the Executive which + would enable you to act with full light on the subject if you should + deem it proper to take any action upon it. +</p> +<p> + I regard the question involved in these proceedings as one of vast + magnitude and as addressing itself to interests of an elevated and + enduring character. A Republic coterminous in territory with our own, of + immense resources, which require only to be brought under the influence + of our confederate and free system in order to be fully developed, + promising at no distant day, through the fertility of its soil, nearly, + if not entirely, to duplicate the exports of the country, thereby making + an addition to the carrying trade to an amount almost incalculable + and giving a new impulse of immense importance to the commercial, + manufacturing, agricultural, and shipping interests of the Union, and at + the same time affording protection to an exposed frontier and placing + the whole country in a condition of security and repose; a territory + settled mostly by emigrants from the United States, who would bring back + with them in the act of reassociation an unconquerable love of freedom + and an ardent attachment to our free institutions—such a question could + not fail to interest most deeply in its success those who under the + Constitution have become responsible for the faithful administration of + public affairs. I have regarded it as not a little fortunate that the + question involved was no way sectional or local, but addressed itself to + the interests of every part of the country and made its appeal to the + glory of the American name. +</p> +<p> + It is due to the occasion to say that I have carefully reconsidered the + objections which have been urged to immediate action upon the subject + without in any degree having been struck by their force. It has been + objected that the measure of annexation should be preceded by the + consent of Mexico. To preserve the most friendly relations with Mexico; + to concede to her, not grudgingly, but freely, all her rights; to + negotiate fairly and frankly with her as to the question of boundary; + to render her, in a word, the fullest and most ample recompense for any + loss she might convince us she had sustained, fully accords with the + feelings and views the Executive has always entertained. +</p> +<p> + But negotiation in advance of annexation would prove not only abortive, + but might be regarded as offensive to Mexico and insulting to Texas. + Mexico would not, I am persuaded, give ear for a moment to an attempt + at negotiation in advance except for the whole territory of Texas. + While all the world beside regards Texas as an independent power, Mexico + chooses to look upon her as a revolted province. Nor could we negotiate + with Mexico for Texas without admitting that our recognition of her + independence was fraudulent, delusive, or void. It is only after + acquiring Texas that the question of boundary can arise between the + United States and Mexico—a question purposely left open for negotiation + with Mexico as affording the best opportunity for the most friendly and + pacific arrangements. The Executive has dealt with Texas as a power + independent of all others, both <i>de facto</i> and <i>de jure</i>. She was an + independent State of the Confederation of Mexican Republics. When by + violent revolution Mexico declared the Confederation at an end, Texas + owed her no longer allegiance, but claimed and has maintained the right + for eight years to a separate and distinct position. During that period + no army has invaded her with a view to her reconquest; and if she has + not yet established her right to be treated as a nation independent <i>de + facto</i> and <i>de jure</i>, it would be difficult to say at what period she + will attain to that condition. +</p> +<p> + Nor can we by any fair or any legitimate inference be accused of + violating any treaty stipulations with Mexico. The treaties with Mexico + give no guaranty of any sort and are coexistent with a similar treaty + with Texas. So have we treaties with most of the nations of the earth + which are equally as much violated by the annexation of Texas to the + United States as would be our treaty with Mexico. The treaty is merely + commercial and intended as the instrument for more accurately defining + the rights and securing the interests of the citizens of each country. + What bad faith can be implied or charged upon the Government of the + United States for successfully negotiating with an independent power + upon any subject not violating the stipulations of such treaty I confess + my inability to discern. +</p> +<p> + The objections which have been taken to the enlargement of our territory + were urged with much zeal against the acquisition of Louisiana, and yet + the futility of such has long since been fully demonstrated. Since that + period a new power has been introduced into the affairs of the world, + which has for all practical purposes brought Texas much nearer to the + seat of Government than Louisiana was at the time of its annexation. + Distant regions are by the application of the steam engine brought + within a close proximity. +</p> +<p> + With the views which I entertain on the subject, I should prove + faithless to the high trust which the Constitution has devolved upon me + if I neglected to invite the attention of the representatives of the + people to it at the earliest moment that a due respect for the Senate + would allow me so to do. I should find in the urgency of the matter a + sufficient apology, if one was wanting, since annexation is to encounter + a great, if not certain, hazard of final defeat if something be not + <i>now</i> done to prevent it. Upon this point I can not too impressively + invite your attention to my message of the 16th of May and to the + documents which accompany it, which have not heretofore been made + public. If it be objected that the names of the writers of some of the + private letters are withheld, all that I can say is that it is done + for reasons regarded as altogether adequate, and that the writers are + persons of the first respectability and citizens of Texas, and have such + means of obtaining information as to entitle their statements to full + credit. Nor has anything occurred to weaken, but, on the contrary, much + to confirm, my confidence in the statements of General Jackson, and + my own statement, made at the close of that message, in the belief, + amounting almost to certainty, "that instructions have already been + given by the Texan Government to propose to the Government of Great + Britain, forthwith on the failure [of the treaty], to enter into a + treaty of commerce and an alliance offensive and defensive." +</p> +<p> + I also particularly invite your attention to the letter from Mr. + Everett, our envoy at London, containing an account of a conversation in + the House of Lords which lately occurred between Lord Brougham and Lord + Aberdeen in relation to the question of annexation. Nor can I do so + without the expression of some surprise at the language of the minister + of foreign affairs employed upon the occasion. That a Kingdom which is + made what it now is by repeated acts of annexation—beginning with the + time of the heptarchy and concluding with the annexation of the Kingdoms + of Ireland and Scotland—should perceive any principle either novel or + serious in the late proceedings of the American Executive in regard to + Texas is well calculated to excite surprise. If it be pretended that + because of commercial or political relations which may exist between the + two countries neither has a right to part with its sovereignty, and that + no third power can change those relations by a voluntary treaty of union + or annexation, then it would seem to follow that an annexation to be + achieved by force of arms in the prosecution of a just and necessary war + could in no way be justified; and yet it is presumed that Great Britain + would be the last nation in the world to maintain any such doctrine. + The commercial and political relations of many of the countries of Europe + have undergone repeated changes by voluntary treaties, by conquest, + and by partitions of their territories without any question as to the + right under the public law. The question, in this view of it, can be + considered as neither "serious" nor "novel." I will not permit myself to + believe that the British minister designed to bring himself to any such + conclusion, but it is impossible for us to be blind to the fact that + the statements contained in Mr. Everett's dispatch are well worthy of + serious consideration. The Government and people of the United States + have never evinced nor do they feel any desire to interfere in public + questions not affecting the relations existing between the States of the + American continent. We leave the European powers exclusive control over + matters affecting their continent and the relations of their different + States; the United States claim a similar exemption from any such + interference on their part. The treaty with Texas was negotiated from + considerations of high public policy, influencing the conduct of the + two Republics. We have treated with Texas as an independent power + solely with a view of bettering the condition of the two countries. If + annexation in any form occur, it will arise from the free and unfettered + action of the people of the two countries; and it seems altogether + becoming in me to say that the honor of the country, the dignity of the + American name, and the permanent interests of the United States would + forbid acquiescence in any such interference. No one can more highly + appreciate the value of peace to both Great Britain and the United + States and the capacity of each to do injury to the other than myself, + but peace can best be preserved by maintaining firmly the rights which + belong to us as an independent community. +</p> +<p> + So much have I considered it proper for me to say; and it becomes me + only to add that while I have regarded the annexation to be accomplished + by treaty as the most suitable form in which it could be effected, + should Congress deem it proper to resort to any other expedient + compatible with the Constitution and likely to accomplish the object + I stand prepared to yield my most prompt and active cooperation. +</p> +<p> + The great question is not as to the manner in which it shall be done, + but whether it shall be accomplished or not. +</p> +<p> + The responsibility of deciding this question is now devolved upon you. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 10, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 7th instant, upon the + subject of the supposed employment of Mr. Duff Green in Europe by the + Executive of the United States, I transmit a report from the Secretary + of State, to whom the resolution was referred. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 12, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 4th instant, + calling for a correspondence<a href="#note-132"><small>132</small></a> between the late minister of the + United States in Mexico and the minister for foreign affairs of that + Republic, I transmit a report from the Secretary of State and the + documents by which it was accompanied. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June, 12, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>; +</p> +<p> + The resolution of the Senate of the 3d instant, requesting the + President to lay before that body, confidentially, "a copy of any + instructions which may have been given by the Executive to the American + minister in England on the subject of the title to and occupation of the + Territory of Oregon since the 4th of March, 1841; also a copy of any + correspondence which may have passed between this Government and that + of Great Britain in relation to the subject since that time," has been + received. +</p> +<p> + In reply I have to state that in the present state of the subject-matter + to which the resolution refers it is deemed inexpedient to communicate + the information requested by the Senate. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 15, 1844</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 4th instant, a report from the Secretary of State, with + the correspondence<a href="#note-133"><small>133</small></a> therein referred to. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 17, 1844</i>. +</p> +<p> + The PRESIDENT OF THE SENATE: +</p> +<p> + I transmit herewith a report from the Secretary of State, in answer + to a resolution of the 12th instant. Although the contingent fund for + foreign intercourse has for all time been placed at the disposal of the + President, to be expended for the purposes contemplated by the fund + without any requisition upon him for a disclosure of the names of + persons employed by him, the objects of their employment, or the amount + paid to any particular person, and although any such disclosures might + in many cases disappoint the objects contemplated by the appropriation + of that fund, yet in this particular instance I feel no desire to + withhold the fact that Mr. Duff Green was employed by the Executive to + collect such information, from private or other sources, as was deemed + important to assist the Executive in undertaking a negotiation then + contemplated, but afterwards abandoned, upon an important subject, and + that there was paid to him through the hands of the Secretary of State + $1,000, in full for all such service. It is proper to say that Mr. Green + afterwards presented a claim for an additional allowance, which has been + neither allowed nor recognized as correct. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 17, 1844</i>. +</p> +<p> + <i>To the Senate</i>: +</p> +<p> + I have learned that the Senate has laid on the table the nomination, + heretofore made, of Reuben H. Walworth to be an associate justice of the + Supreme Court, in the place of Smith Thompson, deceased. I am informed + that a large amount of business has accumulated in the second district, + and that the immediate appointment of a judge for that circuit is + essential to the administration of justice. Under these circumstances I + feel it my duty to withdraw the name of Mr. Walworth, whose appointment + the Senate by their action seems not now prepared to confirm, in the + hope that another name may be more acceptable. +</p> +<p> + The circumstances under which the Senate heretofore declined to advise + and consent to the nomination of John C. Spencer have so far changed as + to justify me in my again submitting his name to their consideration. +</p> +<p> + I therefore nominate John C. Spencer, of New York, to be appointed an + associate justice of the Supreme Court, in the place of Smith Thompson, + deceased. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<a name="2H_4_0021"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGES.<a href="#note-134"><small>134</small></a> +</h2> +<p class="r"> + WASHINGTON, <i>December 18, 1843</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I received within a few hours of the adjournment of the last Congress a + resolution "directing payment of the certificates or awards issued by + the commissioners under the treaty with the Cherokee Indians." Its + provisions involved principles of great importance, in reference to + which it required more time to obtain the necessary information than + was allowed. +</p> +<p> + The balance of the fund provided by Congress for satisfying claims under + the seventeenth article of the Cherokee treaty, referred to in the + resolution, is wholly insufficient to meet the claims still pending. To + direct the payment, therefore, of the whole amount of those claims which + happened to be first adjudicated would prevent a ratable distribution of + the fund among those equally entitled to its benefits. Such a violation + of the individual rights of the claimants would impose upon the + Government the obligation of making further appropriations to indemnify + them, and thus Congress would be obliged to enlarge a provision, liberal + and equitable, which it had made for the satisfaction of all the demands + of the Cherokees. I was unwilling to sanction a measure which would thus + indirectly overturn the adjustment of our differences with the + Cherokees, accomplished with so much difficulty, and to which time is + reconciling those Indians. +</p> +<p> + If no such indemnity should be provided, then a palpable and very gross + wrong would be inflicted upon the claimants who had not been so + fortunate as to have their claims taken up in preference to others. + Besides, the fund having been appropriated by law to a specific purpose, + in fulfillment of the treaty, it belongs to the Cherokees, and the + authority of this Government to direct its application to particular + claims is more than questionable. +</p> +<p> + The direction in the joint resolution, therefore, to pay the awards + of the commissioners to the amount of $100,000 seemed to me quite + objectionable, and could not be approved. +</p> +<p> + The further direction that the certificates required to be issued by the + treaty, and in conformity with the practice of the board heretofore, + shall be proper and sufficient vouchers, upon which payments shall be + made at the Treasury, is a departure from the system established soon + after the adoption of the Constitution and maintained ever since. That + system requires that payments under the authority of any Department + shall be made upon its requisition, countersigned by the proper Auditor + and Comptroller. The greatest irregularity would ensue from the mode of + payment prescribed by the resolution. +</p> +<p> + I have deemed it respectful and proper to lay before the House of + Representatives these reasons for having withheld my approval of the + above-mentioned joint resolution. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>June 11, 1844</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I return to the House of Representatives, in which it originated, the + bill entitled "An act making appropriations for the improvement of + certain harbors and rivers," with the following objections to its + becoming a law: +</p> +<p> + At the adoption of the Constitution each State was possessed of a + separate and independent sovereignty and an exclusive jurisdiction + over all streams and water courses within its territorial limits. + The Articles of Confederation in no way affected this authority or + jurisdiction, and the present Constitution, adopted for the purpose of + correcting the defects which existed in the original Articles, expressly + reserves to the States all powers not delegated. No such surrender of + jurisdiction is made by the States to this Government by any express + grant, and if it is possessed it is to be deduced from the clause in the + Constitution which invests Congress with authority "to make all laws + which are necessary and proper for carrying into execution" the granted + powers. There is, in my view of the subject, no pretense whatever for + the claim to power which the bill now returned substantially sets up. + The inferential power, in order to be legitimate, must be clearly and + plainly incidental to some granted power and necessary to its exercise. + To refer it to the head of convenience or usefulness would be to throw + open the door to a boundless and unlimited discretion and to invest + Congress with an unrestrained authority. The power to remove + obstructions from the water courses of the States is claimed under the + granted power "to regulate commerce with foreign nations, <i>among the + several States</i>, and with the Indian tribes;" but the plain and obvious + meaning of this grant is that Congress may adopt rules and regulations + prescribing the terms and conditions on which the citizens of the United + States may carry on commercial operations with foreign states or + kingdoms, and on which the citizens or subjects of foreign states or + kingdoms may prosecute trade with the United States or either of them. + And so the power to regulate commerce <i>among the several States</i> no more + invests Congress with jurisdiction over the water courses of the States + than the first branch of the grant does over the water courses of + foreign powers, which would be an absurdity. +</p> +<p> + The right of common use of the people of the United States to the + navigable waters of each and every State arises from the express + stipulation contained in the Constitution that "the citizens of each + State shall be entitled to all privileges and immunities of citizens in + the several States." While, therefore, the navigation of any river in + any State is by the laws of such State allowed to the citizens thereof, + the same is also secured by the Constitution of the United States on the + same terms and conditions to the citizens of every other State; and so + of any other privilege or immunity. +</p> +<p> + The application of the revenue of this Government, if the power to do + so was admitted, to improving the navigation of the rivers by removing + obstructions or otherwise would be for the most part productive only of + local benefit. The consequences might prove disastrously ruinous to as + many of our fellow-citizens as the exercise of such power would benefit. + I will take one instance furnished by the present bill—out of no + invidious feeling, for such it would be impossible for me to feel, but + because of my greater familiarity with locations—in illustration of the + above opinion: Twenty thousand dollars are proposed to be appropriated + toward improving the harbor of Richmond, in the State of Virginia. Such + improvement would furnish advantages to the city of Richmond and add to + the value of the property of its citizens, while it might have a most + disastrous influence over the wealth and prosperity of Petersburg, which + is situated some 25 miles distant on a branch of James River, and which + now enjoys its fair portion of the trade. So, too, the improvement of + James River to Richmond and of the Appomattox to Petersburg might, by + inviting the trade to those two towns, have the effect of prostrating + the town of Norfolk. This, too, might be accomplished without adding a + single vessel to the number now engaged in the trade of the Chesapeake + Bay or bringing into the Treasury a dollar of additional revenue. It + would produce, most probably, the single effect of concentrating the + commerce now profitably enjoyed by three places upon one of them. This + case furnishes an apt illustration of the effect of this bill in several + other particulars. +</p> +<p> + There can not, in fact, be drawn the slightest discrimination between + the improving the streams of a State under the power to regulate + commerce and the most extended system of internal improvements on land. + The excavating a canal and paving a road are equally as much incidents + to such claim of power as the removing obstructions from water courses; + nor can such power be restricted by any fair course of reasoning to the + mere fact of making the improvement. It reasonably extends also to the + right of seeking a return of the means expended through the exaction of + tolls and the levying of contributions. Thus, while the Constitution + denies to this Government the privilege of acquiring a property in the + soil of any State, even for the purpose of erecting a necessary + fortification, without a grant from such State, this claim to power + would invest it with control and dominion over the waters and soil of + each State without restriction. Power so incongruous can not exist in + the same instrument. +</p> +<p> + The bill is also liable to a serious objection because of its blending + appropriations for numerous objects but few of which agree in their + general features. This necessarily produces the effect of embarrassing + Executive action. Some of the appropriations would receive my sanction + if separated from the rest, however much I might deplore the + reproduction of a system which for some time past has been permitted + to sleep with apparently the acquiescence of the country. I might + particularize the Delaware Breakwater as an improvement which looks + to the security from the storms of our extended Atlantic seaboard of + the vessels of all the country engaged either in the foreign or the + coastwise trade, as well as to the safety of the revenue; but when, in + connection with that, the same bill embraces improvements of rivers at + points far in the interior, connected alone with the trade of such river + and the exertion of mere local influences, no alternative is left me but + to use the qualified veto with which the Executive is invested by the + Constitution, and to return the bill to the House in which it originated + for its ultimate reconsideration and decision. +</p> +<p> + In sanctioning a bill of the same title with that returned, for the + improvement of the Mississippi and its chief tributaries and certain + harbors on the Lakes, if I bring myself apparently in conflict with any + of the principles herein asserted it will arise on my part exclusively + from the want of a just appreciation of localities. The Mississippi + occupies a footing altogether different from the rivers and water + courses of the different States. No one State or any number of States + can exercise any other jurisdiction over it than for the punishment of + crimes and the service of civil process. It belongs to no particular + State or States, but of common right, by express reservation, to all + the States. It is reserved as a great common highway for the commerce + of the whole country. To have conceded to Louisiana, or to any other + State admitted as a new State into the Union, the exclusive jurisdiction, + and consequently the right to make improvements and to levy tolls on + the segments of the river embraced within its territorial limits, would + have been to have disappointed the chief object in the purchase of + Louisiana, which was to secure the free use of the Mississippi to all + the people of the United States. Whether levies on commerce were made + by a foreign or domestic government would have been equally burdensome + and objectionable. The United States, therefore, is charged with + its improvement for the benefit of all, and the appropriation of + governmental means to its improvement becomes indispensably necessary + for the good of all. +</p> +<p> + As to the harbors on the Lakes, the act originates no new improvements, + but makes appropriations for the continuance of works already begun. +</p> +<p> + It is as much the duty of the Government to construct good harbors, + without reference to the location or interests of cities, for the + shelter of the extensive commerce of the Lakes as to build breakwaters + on the Atlantic coast for the protection of the trade of that ocean. + These great inland seas are visited by destructive storms, and the + annual loss of ships and cargoes, and consequently of revenue to the + Government, is immense. If, then, there be any work embraced by that act + which is not required in order to afford shelter and security to the + shipping against the tempests which so often sweep over those great + inland seas, but has, on the contrary, originated more in a spirit of + speculation and local interest than in one of the character alluded to, + the House of Representatives will regard my approval of the bill more as + the result of misinformation than any design to abandon or modify the + principles laid down in this message. Every system is liable to run into + abuse, and none more so than that under consideration; and measures can + not be too soon taken by Congress to guard against this evil. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<a name="2H_4_0022"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + EXECUTIVE ORDERS. +</h2> +<center> + CIRCULAR<a href="#note-135"><small>135</small></a> +</center> + +<p class="r"> + DEPARTMENT OF STATE, +<br> + <i>Washington, February 29, 1844</i>. +</p> +<p> + SIR: It has become my most painful duty to announce to you the sudden + and violent death of the Hon. Abel P. Upshur, late Secretary of State + of the United States. This afflicting dispensation occurred on the + afternoon of yesterday, from the bursting of one of the great guns on + board the Government steamship <i>Princeton</i>, near Alexandria, on her + return from an excursion of pleasure down the river Potomac. By this + most unfortunate accident several of our distinguished citizens, amongst + whom were the Secretaries of State and of the Navy, were immediately + killed, and many other persons mortally wounded or severely injured. + It is the wish of the President that the diplomatic and consular agents + of the United States, and all other officers connected with the State + Department, either at home or abroad, shall wear the usual badge of + mourning, in token of their grief and of respect for the memory of + Mr. Upshur, during thirty days from the time of receiving this order. +</p> +<p> + In consequence of this event, the President has been pleased to charge + me <i>ad interim</i> with the direction of the Department of State, and I + have accordingly this day entered upon the duties of this appointment. +</p> +<p> + I have the honor to be, with great respect, sir, your obedient servant, +</p> +<p class="r"> + JNO. NELSON. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDERS. +</center> +<p class="r"> + WAR DEPARTMENT, <i>February 29, 1844</i>. +</p> +<p> + In the deepest grief the President of the United States has instructed + the undersigned to announce to the Army that from the accidental + explosion of a gun yesterday on board the United States steamship + <i>Princeton</i> the country and its Government lost at the same moment the + Secretary of State, the Hon. A.P. Upshur, and the Secretary of the Navy, + the Hon. T.W. Gilmer. +</p> +<p> + Called but a few days since to preside over the administration of the + War Department, it is peculiarly painful to the undersigned that his + first official communication to the Army should be the announcement of a + calamity depriving the country of the public services of two of our most + accomplished statesmen and popular and deeply esteemed fellow-citizens. + Their virtues, talents, and patriotic services will ever be retained in + the grateful recollection of their countrymen and perpetuated upon the + pages of the history of our common country. +</p> +<p> + Deep as may be the gloom which spreads over the community, it has + pleased the Almighty Disposer of Events to add another shade to it + by blending in this melancholy catastrophe the deaths of an eminent + citizen, Virgil Maxcy, esq., lately chargé d'affaires to Belgium; a + gallant and meritorious officer of the Navy, a chief of a bureau, + Captain B. Kennon, and a private citizen of New York of high and + estimable character, besides others, citizens and sailors, either + killed or wounded. +</p> +<p> + As appropriate honors to the memory of these distinguished Secretaries, + half-hour guns will be fired at every military post furnished with the + proper ordnance the day after the receipt of this order from sunrise to + sunset. The national flag will be displayed at half-staff during the + same time. And all officers of the Army will wear for three months the + customary badge of mourning. +</p> +<p class="r"> +WM. WILKINS<br> + <i>Secretary of War</i>. +</p> +<p> </p><p> </p> +<center> + GENERAL ORDER. +</center> +<p class="r"> + NAVY DEPARTMENT, <i>February 29, 1844</i>. +</p> +<p> + As a mark of respect to the memory of the late Hon. Thomas W. Gilmer, + Secretary of the Navy, whose career at his entrance upon the duties of + his office, would have been nobly maintained by that ability and vigor + of which his whole previous life had been the guaranty, the flags of all + vessels in commission, navy-yards, and stations are to be hoisted at + half-mast on the day after the receipt of this order, minute guns to the + number of seventeen are to be fired between sunrise and sunset, and + crape is to be worn on the left arm and upon the sword for the space of + three months. +</p> +<p> + By command of the President: +</p> +<p class="r"> +L. WARRINGTON,<br> + <i>Secretary of the Navy ad interim</i>. +</p> + +<a name="2H_4_0023"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + FOURTH ANNUAL MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>December 3, 1844</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + We have continued cause for expressing our gratitude to the Supreme + Ruler of the Universe for the benefits and blessings which our country, + under His kind providence, has enjoyed during the past year. + Notwithstanding the exciting scenes through which we have passed, + nothing has occurred to disturb the general peace or to derange the + harmony of our political system. The great moral spectacle has been + exhibited of a nation approximating in number to 20,000,000 people + having performed the high and important function of electing their Chief + Magistrate for the term of four years without the commission of any acts + of violence or the manifestation of a spirit of insubordination to the + laws. The great and inestimable right of suffrage has been exercised by + all who were invested with it under the laws of the different States in + a spirit dictated alone by a desire, in the selection of the agent, to + advance the interests of the country and to place beyond jeopardy the + institutions under which it is our happiness to live. That the deepest + interest has been manifested by all our countrymen in the result of + the election is not less true than highly creditable to them. Vast + multitudes have assembled from time to time at various places for the + purpose of canvassing the merits and pretensions of those who were + presented for their suffrages, but no armed soldiery has been necessary + to restrain within proper limits the popular zeal or to prevent violent + outbreaks. A principle much more controlling was found in the love of + order and obedience to the laws, which, with mere individual exceptions, + everywhere possesses the American mind, and controls with an influence + far more powerful than hosts of armed men. We can not dwell upon this + picture without recognizing in it that deep and devoted attachment on + the part of the people to the institutions under which we live which + proclaims their perpetuity. The great objection which has always + prevailed against the election by the people of their chief executive + officer has been the apprehension of tumults and disorders which might + involve in ruin the entire Government. A security against this is found + not only in the fact before alluded to, but in the additional fact that + we live under a Confederacy embracing already twenty-six States, no one + of which has power to control the election. The popular vote in each + State is taken at the time appointed by the laws, and such vote is + announced by the electoral college without reference to the decision of + other States. The right of suffrage and the mode of conducting the + election are regulated by the laws of each State, and the election is + distinctly federative in all its prominent features. Thus it is that, + unlike what might be the results under a consolidated system, riotous + proceedings, should they prevail, could only affect the elections + in single States without disturbing to any dangerous extent the + tranquillity of others. The great experiment of a political + confederation each member of which is supreme as to all matters + appertaining to its local interests and its internal peace and + happiness, while by a voluntary compact with others it confides to + the united power of all the protection of its citizens in matters not + domestic has been so far crowned with complete success. The world has + witnessed its rapid growth in wealth and population, and under the guide + and direction of a superintending Providence the developments of the + past may be regarded but as the shadowing forth of the mighty future. + In the bright prospects of that future we shall find, as patriots and + philanthropists, the highest inducements to cultivate and cherish a love + of union and to frown down every measure or effort which may be made to + alienate the States or the people of the States in sentiment and feeling + from each other. A rigid and close adherence to the terms of our + political compact and, above all, a sacred observance of the guaranties + of the Constitution will preserve union on a foundation which can not + be shaken, while personal liberty is placed beyond hazard or jeopardy. + The guaranty of religious freedom, of the freedom of the press, of the + liberty of speech, of the trial by jury, of the habeas corpus, and of + the domestic institutions of each of the States, leaving the private + citizen in the full exercise of the high and ennobling attributes of his + nature and to each State the privilege (which can only be judiciously + exerted by itself) of consulting the means best calculated to advance + its own happiness—these are the great and important guaranties of the + Constitution which the lovers of liberty must cherish and the advocates + of union must ever cultivate. Preserving these and avoiding all + interpolations by forced construction under the guise of an imagined + expediency upon the Constitution, the influence of our political system + is destined to be as actively and as beneficially felt on the distant + shores of the Pacific as it is now on those of the Atlantic Ocean. + The only formidable impediments in the way of its successful expansion + (time and space) are so far in the progress of modification by the + improvements of the age as to render no longer speculative the ability + of representatives from that remote region to come up to the Capitol, so + that their constituents shall participate in all the benefits of Federal + legislation. Thus it is that in the progress of time the inestimable + principles of civil liberty will be enjoyed by millions yet unborn + and the great benefits of our system of government be extended to now + distant and uninhabited regions. In view of the vast wilderness yet to + be reclaimed, we may well invite the lover of freedom of every land to + take up his abode among us and assist us in the great work of advancing + the standard of civilization and giving a wider spread to the arts and + refinements of cultivated life. Our prayers should evermore be offered + up to the Father of the Universe for His wisdom to direct us in the + path of our duty so as to enable us to consummate these high purposes. +</p> +<p> + One of the strongest objections which has been urged against + confederacies by writers on government is the liability of the members + to be tampered with by foreign governments or the people of foreign + states, either in their local affairs or in such as affected the peace + of others or endangered the safety of the whole confederacy. We can not + hope to be entirely exempt from such attempts on our peace and safety. + The United States are becoming too important in population and resources + not to attract the observation of other nations. It therefore may in the + progress of time occur that opinions entirely abstract in the States + in which they may prevail and in no degree affecting their domestic + institutions may be artfully but secretly encouraged with a view to + undermine the Union. Such opinions may become the foundation of + political parties, until at last the conflict of opinion, producing an + alienation of friendly feeling among the people of the different States, + may involve in general destruction the happy institutions under which we + live. It should ever be borne in mind that what is true in regard to + individuals is equally so in regard to states. An interference of one in + the affairs of another is the fruitful cause of family dissensions and + neighborhood disputes, and the same cause affects the peace, happiness, + and prosperity of states. It may be most devoutly hoped that the good + sense of the American people will ever be ready to repel all such + attempts should they ever be made. +</p> +<p> + There has been no material change in our foreign relations since my last + annual message to Congress. With all the powers of Europe we continue + on the most friendly terms. Indeed, it affords me much satisfaction to + state that at no former period has the peace of that enlightened and + important quarter of the globe ever been, apparently, more firmly + established. The conviction that peace is the true policy of nations + would seem to be growing and becoming deeper amongst the enlightened + everywhere, and there is no people who have a stronger interest in + cherishing the sentiments and adopting the means of preserving and + giving it permanence than those of the United States. Amongst these, the + first and most effective are, no doubt, the strict observance of justice + and the honest and punctual fulfillment of all engagements. But it is + not to be forgotten that in the present state of the world it is no less + necessary to be ready to enforce their observance and fulfillment in + reference to ourselves than to observe and fulfill them on our part in + regard to others. +</p> +<p> + Since the close of your last session a negotiation has been formally + entered upon between the Secretary of State and Her Britannic Majesty's + minister plenipotentiary and envoy extraordinary residing at Washington + relative to the rights of their respective nations in and over the + Oregon Territory. That negotiation is still pending. Should it during + your session be brought to a definitive conclusion, the result will + be promptly communicated to Congress. I would, however, again call + your attention to the recommendations contained in previous messages + designed to protect and facilitate emigration to that Territory. The + establishment of military posts at suitable points upon the extended + line of land travel would enable our citizens to emigrate in comparative + safety to the fertile regions below the Falls of the Columbia, and make + the provision of the existing convention for the joint occupation of the + territory by subjects of Great Britain and the citizens of the United + States more available than heretofore to the latter. These posts would + constitute places of rest for the weary emigrant, where he would be + sheltered securely against the danger of attack from the Indians and + be enabled to recover from the exhaustion of a long line of travel. + Legislative enactments should also be made which should spread over him + the aegis of our laws, so as to afford protection to his person and + property when he shall have reached his distant home. In this latter + respect the British Government has been much more careful of the + interests of such of her people as are to be found in that country than + the United States. She has made necessary provision for their security + and protection against the acts of the viciously disposed and lawless, + and her emigrant reposes in safety under the panoply of her laws. + Whatever may be the result of the pending negotiation, such measures + are necessary. It will afford me the greatest pleasure to witness a + happy and favorable termination to the existing negotiation upon terms + compatible with the public honor, and the best efforts of the Government + will continue to be directed to this end. +</p> +<p> + It would have given me the highest gratification in this my last annual + communication to Congress to have been able to announce to you the + complete and entire settlement and adjustment of other matters in + difference between the United States and the Government of Her Britannic + Majesty, which were adverted to in a previous message. It is so + obviously the interest of both countries, in respect to the large + and valuable commerce which exists between them, that all causes + of complaint, however inconsiderable, should be with the greatest + promptitude removed that it must be regarded as cause of regret that any + unnecessary delays should be permitted to intervene. It is true that + in a pecuniary point of view the matters alluded to are altogether + insignificant in amount when compared with the ample resources of that + great nation, but they nevertheless, more particularly that limited + class which arise under seizures and detentions of American ships on the + coast of Africa upon the mistaken supposition indulged in at the time + the wrong was committed of their being engaged in the slave trade, + deeply affect the sensibilities of this Government and people. Great + Britain, having recognized her responsibility to repair all such wrongs + by her action in other cases, leaves nothing to be regretted upon the + subject as to all cases arising prior to the treaty of Washington than + the delay in making suitable reparation in such of them as fall plainly + within the principle of others which she has long since adjusted. The + injury inflicted by delays in the settlement of these claims falls with + severity upon the individual claimants and makes a strong appeal to her + magnanimity and sense of justice for a speedy settlement. Other matters + arising out of the construction of existing treaties also remain + unadjusted, and will continue to be urged upon her attention. +</p> +<p> + The labors of the joint commission appointed by the two Governments + to run the dividing line established by the treaty of Washington were, + unfortunately, much delayed in the commencement of the season by the + failure of Congress at its last session to make a timely appropriation + of funds to meet the expenses of the American party, and by other + causes. +</p> +<p> + The United States commissioner, however, expresses his expectation that + by increased diligence and energy the party will be able to make up for + lost time. +</p> +<p> + We continue to receive assurances of the most friendly feelings on the + part of all the other European powers, with each and all of whom it is + so obviously our interest to cultivate the most amicable relations; nor + can I anticipate the occurrence of any event which would be likely in + any degree to disturb those relations. Russia, the great northern power, + under the judicious sway of her Emperor, is constantly advancing in the + road of science and improvement, while France, guided by the counsels of + her wise Sovereign, pursues a course calculated to consolidate the + general peace. Spain has obtained a breathing spell of some duration + from the internal convulsions which have through so many years marred + her prosperity, while Austria, the Netherlands, Prussia, Belgium, and + the other powers of Europe reap a rich harvest of blessings from the + prevailing peace. +</p> +<p> + I informed the two Houses of Congress in my message of December last + that instructions had been given to Mr. Wheaton, our minister at Berlin, + to negotiate a treaty with the Germanic States composing the Zollverein + if it could be done, stipulating, as far as it was practicable to + accomplish it, for a reduction of the heavy and onerous duties levied on + our tobacco and other leading articles of agricultural production, and + yielding in return on our part a reduction of duties on such articles + the product of their industry as should not come into competition, + or but a limited one, with articles the product of our manufacturing + industry. The Executive in giving such instructions considered itself as + acting in strict conformity with the wishes of Congress as made known + through several measures which it had adopted, all directed to the + accomplishment of this important result. The treaty was therefore + negotiated, by which essential reductions were secured in the duties + levied by the Zollverein on tobacco, rice, and lard, accompanied by a + stipulation for the admission of raw cotton free of duty; in exchange + for which highly important concessions a reduction of duties imposed by + the laws of the United States on a variety of articles, most of which + were admitted free of all duty under the act of Congress commonly known + as the compromise law, and but few of which were produced in the United + States, was stipulated for on our part. This treaty was communicated to + the Senate at an early day of its last session, but not acted upon until + near its close, when, for the want (as I am bound to presume) of full + time to consider it, it was laid upon the table. This procedure had + the effect of virtually rejecting it, in consequence of a stipulation + contained in the treaty that its ratifications should be exchanged on or + before a day which has already passed. The Executive, acting upon the + fair inference that the Senate did not intend its absolute rejection, + gave instructions to our minister at Berlin to reopen the negotiation so + far as to obtain an extension of time for the exchange of ratifications. + I regret, however, to say that his efforts in this respect have been + unsuccessful. I am nevertheless not without hope that the great + advantages which were intended to be secured by the treaty may yet + be realized. +</p> +<p> + I am happy to inform you that Belgium has, by an "<i>arrêté royale</i>" + issued in July last, assimilated the flag of the United States to her + own, so far as the direct trade between the two countries is concerned. + This measure will prove of great service to our shipping interest, the + trade having heretofore been carried on chiefly in foreign bottoms. + I flatter myself that she will speedily resort to a modification of her + system relating to the tobacco trade, which would decidedly benefit the + agriculture of the United States and operate to the mutual advantage of + both countries. +</p> +<p> + No definitive intelligence has yet been received from our minister of + the conclusion of a treaty with the Chinese Empire, but enough is known + to induce the strongest hopes that the mission will be crowned with + success. +</p> +<p> + With Brazil our relations continue on the most friendly footing. The + commercial intercourse between that growing Empire and the United States + is becoming daily of greater importance to both, and it is to the + interest of both that the firmest relations of amity and good will + should continue to be cultivated between them. +</p> +<p> + The Republic of New Granada still withholds, notwithstanding the most + persevering efforts have been employed by our chargé d'affaires, Mr. + Blackford, to produce a different result, indemnity in the case of the + brig <i>Morris</i>; and the Congress of Venezuela, although an arrangement + has been effected between our minister and the minister of foreign + affairs of that Government for the payment of $18,000 in discharge of + its liabilities in the same case, has altogether neglected to make + provision for its payment. It is to be hoped that a sense of justice + will soon induce a settlement of these claims. +</p> +<p> + Our late minister to Chili, Mr. Pendleton, has returned to the United + States without having effected an adjustment in the second claim of the + <i>Macedonian</i>, which is delayed on grounds altogether frivolous and + untenable. Mr. Pendleton's successor has been directed to urge the claim + in the strongest terms, and, in the event of a failure to obtain a + prompt adjustment, to report the fact to the Executive at as early a day + as possible, so that the whole matter may be communicated to Congress. +</p> +<p> + At your last session I submitted to the attention of Congress the + convention with the Republic of Peru of the 17th March, 1841, providing + for the adjustment of the claims of citizens of the United States + against that Republic, but no definitive action was taken upon the + subject. I again invite to it your attention and prompt action. +</p> +<p> + In my last annual message I felt it to be my duty to make known to + Congress, in terms both plain and emphatic, my opinion in regard to the + war which has so long existed between Mexico and Texas, which since the + battle of San Jacinto has consisted altogether of predatory incursions, + attended by circumstances revolting to humanity. I repeat now what I + then said, that after eight years of feeble and ineffectual efforts to + reconquer Texas it was time that the war should have ceased. The United + States have a direct interest in the question. The contiguity of the + two nations to our territory was but too well calculated to involve our + peace. Unjust suspicions were engendered in the mind of one or the other + of the belligerents against us, and as a necessary consequence American + interests were made to suffer and our peace became daily endangered; in + addition to which it must have been obvious to all that the exhaustion + produced by the war subjected both Mexico and Texas to the interference + of other powers, which, without the interposition of this Government, + might eventuate in the most serious injury to the United States. This + Government from time to time exerted its friendly offices to bring about + a termination of hostilities upon terms honorable alike to both the + belligerents. Its efforts in this behalf proved unavailing. Mexico + seemed almost without an object to persevere in the war, and no other + alternative was left the Executive but to take advantage of the + well-known dispositions of Texas and to invite her to enter into + a treaty for annexing her territory to that of the United States. +</p> +<p> + Since your last session Mexico has threatened to renew the war, and has + either made or proposes to make formidable preparations for invading + Texas. She has issued decrees and proclamations, preparatory to the + commencement of hostilities, full of threats revolting to humanity, + and which if carried into effect would arouse the attention of all + Christendom. This new demonstration of feeling, there is too much reason + to believe, has been produced inconsequence of the negotiation of the + late treaty of annexation with Texas. The Executive, therefore, could + not be indifferent to such proceedings, and it felt it to be due as well + to itself as to the honor of the country that a strong representation + should be made to the Mexican Government upon the subject. This was + accordingly done, as will be seen by the copy of the accompanying + dispatch from the Secretary of State to the United States envoy at + Mexico. Mexico has no right to jeopard the peace of the world by urging + any longer a useless and fruitless contest. Such a condition of things + would not be tolerated on the European continent. Why should it be on + this? A war of desolation, such as is now threatened by Mexico, can not + be waged without involving our peace and tranquillity. It is idle to + believe that such a war could be looked upon with indifference by our + own citizens inhabiting adjoining States; and our neutrality would be + violated in despite of all efforts on the part of the Government to + prevent it. The country is settled by emigrants from the United States + under invitations held out to them by Spain and Mexico. Those emigrants + have left behind them friends and relatives, who would not fail to + sympathize with them in their difficulties, and who would be led by + those sympathies to participate in their struggles, however energetic + the action of the Government to prevent it. Nor would the numerous + and formidable bands of Indians—the most warlike to be found in any + land—which occupy the extensive regions contiguous to the States of + Arkansas and Missouri, and who are in possession of large tracts of + country within the limits of Texas, be likely to remain passive. The + inclinations of those numerous tribes lead them invariably to war + whenever pretexts exist. +</p> +<p> + Mexico had no just ground of displeasure against this Government or + people for negotiating the treaty. What interest of hers was affected by + the treaty? She was despoiled of nothing, since Texas was forever lost + to her. The independence of Texas was recognized by several of the + leading powers of the earth. She was free to treat, free to adopt her + own line of policy, free to take the course which she believed was best + calculated to secure her happiness. +</p> +<p> + Her Government and people decided on annexation to the United States, + and the Executive saw in the acquisition of such a territory the means + of advancing their permanent happiness and glory. What principle of good + faith, then, was violated? What rule of political morals trampled under + foot? So far as Mexico herself was concerned, the measure should have + been regarded by her as highly beneficial. Her inability to reconquer + Texas had been exhibited, I repeat, by eight (now nine) years of + fruitless and ruinous contest. In the meantime Texas has been growing + in population and resources. Emigration has flowed into her territory + from all parts of the world in a current which continues to increase + in strength. Mexico requires a permanent boundary between that young + Republic and herself. Texas at no distant day, if she continues separate + and detached from the United States, will inevitably seek to consolidate + her strength by adding to her domain the contiguous Provinces of Mexico. + The spirit of revolt from the control of the central Government has + heretofore manifested itself in some of those Provinces, and it is + fair to infer that they would be inclined to take the first favorable + opportunity to proclaim their independence and to form close alliances + with Texas. The war would thus be endless, or if cessations of + hostilities should occur they would only endure for a season. The + interests of Mexico, therefore, could in nothing be better consulted + than in a peace with her neighbors which would result in the + establishment of a permanent boundary. Upon the ratification of the + treaty the Executive was prepared to treat with her on the most liberal + basis. Hence the boundaries of Texas were left undefined by the treaty. + The Executive proposed to settle these upon terms that all the world + should have pronounced just and reasonable. No negotiation upon that + point could have been undertaken between the United States and Mexico in + advance of the ratification of the treaty. We should have had no right, + no power, no authority, to have conducted such a negotiation, and to + have undertaken it would have been an assumption equally revolting + to the pride of Mexico and Texas and subjecting us to the charge of + arrogance, while to have proposed in advance of annexation to satisfy + Mexico for any contingent interest she might have in Texas would have + been to have treated Texas not as an independent power, but as a mere + dependency of Mexico. This assumption could not have been acted on by + the Executive without setting at defiance your own solemn declaration + that that Republic was an independent State. Mexico had, it is true, + threatened War against the United States in the event the treaty of + annexation was ratified. The Executive could not permit itself to be + influenced by this threat. It represented ill this the spirit of our + people, who are ready to sacrifice much for peace, but nothing to + intimidation. A war under any circumstances is greatly to be deplored, + and the United States is the last nation to desire it; but if, as the + condition of peace, it be required of us to forego the unquestionable + right of treating with an independent power of our own continent upon + matters highly interesting to both, and that upon a naked and + unsustained pretension of claim by a third power to control the free + will of the power with whom we treat, devoted as we may be to peace + and anxious to cultivate friendly relations with the whole world, the + Executive does not hesitate to say that the people of the United States + would be ready to brave all consequences sooner than submit to such + condition. But no apprehension of war was entertained by the Executive, + and I must express frankly the opinion that had the treaty been ratified + by the Senate it would have been followed by a prompt settlement, to the + entire satisfaction of Mexico, of every matter in difference between the + two countries. Seeing, then, that new preparations for hostile invasion + of Texas were about to be adopted by Mexico, and that these were brought + about because Texas had adopted the suggestions of the Executive upon + the subject of annexation, it could not passively have folded its arms + and permitted a war, threatened to be accompanied by every act that + could mark a barbarous age, to be waged against her because she had + done so. +</p> +<p> + Other considerations of a controlling character influenced the course + of the Executive. The treaty which had thus been negotiated had failed + to receive the ratification of the Senate. One of the chief objections + which was urged against it was found to consist in the fact that the + question of annexation had not been submitted to the ordeal of public + opinion in the United States. However untenable such an objection was + esteemed to be, in view of the unquestionable power of the Executive to + negotiate the treaty and the great and lasting interests involved in + the question, I felt it to be my duty to submit the whole subject to + Congress as the best expounders of popular sentiment. No definitive + action having been taken on the subject by Congress, the question + referred itself directly to the decision of the States and people. + The great popular election which has just terminated afforded the best + opportunity of ascertaining the will of the States and the people upon + it. Pending that issue it became the imperative duty of the Executive + to inform Mexico that the question of annexation was still before the + American people, and that until their decision was pronounced any + serious invasion of Texas would be regarded as an attempt to forestall + their judgment and could not be looked upon with indifference. I am most + happy to inform you that no such invasion has taken place; and I trust + that whatever your action may be upon it Mexico will see the importance + of deciding the matter by a resort to peaceful expedients in preference + to those of arms. The decision of the people and the States on this + great and interesting subject has been decisively manifested. + The question of annexation has been presented nakedly to their + consideration. By the treaty itself all collateral and incidental issues + which were calculated to divide and distract the public councils were + carefully avoided. These were left to the wisdom of the future to + determine. It presented, I repeat, the isolated question of annexation, + and in that form it has been submitted to the ordeal of public + sentiment. A controlling majority of the people and a large majority of + the States have declared in favor of immediate annexation. Instructions + have thus come up to both branches of Congress from their respective + constituents in terms the most emphatic. It is the will of both the + people and the States that Texas shall be annexed to the Union promptly + and immediately. It may be hoped that in carrying into execution the + public will thus declared all collateral issues may be avoided. Future + Legislatures can best decide as to the number of States which should be + formed out of the territory when the time has arrived for deciding that + question. So with all others. By the treaty the United States assumed + the payment of the debts of Texas to an amount not exceeding + $10,000,000, to be paid, with the exception of a sum falling short of + $400,000, exclusively out of the proceeds of the sales of her public + lands. We could not with honor take the lands without assuming the full + payment of all incumbrances upon them. +</p> +<p> + Nothing has occurred since your last session to induce a doubt + that the dispositions of Texas remain unaltered. No intimation of an + altered determination on the part of her Government and people has been + furnished to the Executive. She still desires to throw herself under + the protection of our laws and to partake of the blessings of our + federative system, while every American interest would seem to require + it. The extension of our coastwise and foreign trade to an amount almost + incalculable, the enlargement of the market for our manufactures, a + constantly growing market for our agricultural productions, safety to + our frontiers, and additional strength and stability to the Union—these + are the results which would rapidly develop themselves upon the + consummation of the measure of annexation. In such event I will not + doubt but that Mexico would find her true interest to consist in meeting + the advances of this Government in a spirit of amity. Nor do I apprehend + any serious complaint from any other quarter; no sufficient ground + exists for such complaint. We should interfere in no respect with the + rights of any other nation. There can not be gathered from the act any + design on our part to do so with their possessions on this continent. + We have interposed no impediments in the way of such acquisitions of + territory, large and extensive as many of them are, as the leading + powers of Europe have made from time to time in every part of the world. + We seek no conquest made by war. No intrigue will have been resorted to + or acts of diplomacy essayed to accomplish the annexation of Texas. Free + and independent herself, she asks to be received into our Union. It is + a question for our own decision whether she shall be received or not. +</p> +<p> + The two Governments having already agreed through their respective + organs on the terms of annexation, I would recommend their adoption by + Congress in the form of a joint resolution or act to be perfected and + made binding on the two countries when adopted in like manner by the + Government of Texas. +</p> +<p> + In order that the subject may be fully presented in all its bearings, + the correspondence which has taken place in reference to it since the + adjournment of Congress between the United States, Texas, and Mexico is + herewith transmitted. +</p> +<p> + The amendments proposed by the Senate to the convention concluded + between the United States and Mexico on the 20th of November, 1843, have + been transmitted through our minister for the concurrence of the Mexican + Government, but, although urged thereto, no action has yet been had on + the subject, nor has any answer been given which would authorize a + favorable conclusion in the future. +</p> +<p> + The decree of September, 1843, in relation to the retail trade, the + order for the expulsion of foreigners, and that of a more recent date + in regard to passports—all which are considered as in violation of + the treaty of amity and commerce between the two countries—have led + to a correspondence of considerable length between the minister for + foreign relations and our representatives at Mexico, but without any + satisfactory result. They remain still unadjusted, and many and serious + inconveniences have already resulted to our citizens in consequence of + them. +</p> +<p> + Questions growing out of the act of disarming a body of Texan troops + under the command of Major Snively by an officer in the service of + the United States, acting under the orders of our Government, and the + forcible entry into the custom-house at Bryarlys Landing, on Red River, + by certain citizens of the United States, and taking away therefrom the + goods seized by the collector of the customs as forfeited under the laws + of Texas, have been adjusted so far as the powers of the Executive + extend. The correspondence between the two Governments in reference + to both subjects will be found amongst the accompanying documents. + It contains a full statement of all the facts and circumstances, with + the views taken on both sides and the principles on which the questions + have been adjusted. It remains for Congress to make the necessary + appropriation to carry the arrangement into effect, which I respectfully + recommend. +</p> +<p> + The greatly improved condition of the Treasury affords a subject for + general congratulation. The paralysis which had fallen on trade and + commerce, and which subjected the Government to the necessity of + resorting to loans and the issue of Treasury notes to a large amount, + has passed away, and after the payment of upward of $7,000,000 on + account of the interest, and in redemption of more than $5,000,000 of + the public debt which falls due on the 1st of January next, and setting + apart upward of $2,000,000 for the payment of outstanding Treasury notes + and meeting an installment of the debts of the corporate cities of the + District of Columbia, an estimated surplus of upward of $7,000,000 over + and above the existing appropriations will remain in the Treasury at the + close of the fiscal year. Should the Treasury notes continue outstanding + as heretofore, that surplus will be considerably augmented. Although + all interest has ceased upon them and the Government has invited their + return to the Treasury, yet they remain outstanding, affording great + facilities to commerce, and establishing the fact that under a + well-regulated system of finance the Government has resources within + itself which render it independent in time of need, not only of private + loans, but also of bank facilities. +</p> +<p> + The only remaining subject of regret is that the remaining stocks of the + Government do not fall due at an earlier day, since their redemption + would be entirely within its control. As it is, it may be well worthy + the consideration of Congress whether the law establishing the sinking + fund (under the operation of which the debts of the Revolution and last + war with Great Britain were to a great extent extinguished) should not, + with proper modifications, so as to prevent an accumulation of + surpluses, and limited in amount to a specific sum, be reenacted. Such + provision, which would authorize the Government to go into the market + for a purchase of its own stock on fair terms, would serve to maintain + its credit at the highest point and prevent to a great extent those + fluctuations in the price of its securities which might under other + circumstances affect its credit. No apprehension of this sort is at this + moment entertained, since the stocks of the Government, which but two + years ago were offered for sale to capitalists at home and abroad at a + depreciation, and could find no purchasers, are now greatly above par in + the hands of the holders; but a wise and prudent forecast admonishes us + to place beyond the reach of contingency the public credit. +</p> +<p> + It must also be a matter of unmingled gratification that under the + existing financial system (resting upon the act of 1789 and the + resolution of 1816) the currency of the country has attained a state of + perfect soundness; and the rates of exchange between different parts + of the Union, which in 1841 denoted by their enormous amount the great + depreciation and, in fact, worthlessness of the currency in most of + the States, are now reduced to little more than the mere expense of + transporting specie from place to place and the risk incident to the + operation. In a new country like that of the United States, where so + many inducements are held out for speculation, the depositories of the + surplus revenue, consisting of banks of any description, when it reaches + any considerable amount, require the closest vigilance on the part of + the Government. All banking institutions, under whatever denomination + they may pass, are governed by an almost exclusive regard to the + interest of the stockholders. That interest consists in the augmentation + of profits in the form of dividends, and a large surplus revenue + intrusted to their custody is but too apt to lead to excessive loans + and to extravagantly large issues of paper. As a necessary consequence + prices are nominally increased and the speculative mania very soon + seizes upon the public mind. A fictitious state of prosperity for a + season exists, and, in the language of the day, money becomes plenty. + Contracts are entered into by individuals resting on this unsubstantial + state of things, but the delusion speedily passes away and the country + is overrun with an indebtedness so weighty as to overwhelm many and to + visit every department of industry with great and ruinous embarrassment. + The greatest vigilance becomes necessary on the part of Government to + guard against this state of things. The depositories must be given + distinctly to understand that the favors of the Government will be + altogether withdrawn, or substantially diminished, if its revenues shall + be regarded as additions to their banking capital or as the foundation + of an enlarged circulation. +</p> +<p> + The Government, through its revenue, has at all times an important part + to perform in connection with the currency, and it greatly depends upon + its vigilance and care whether the country be involved in embarrassments + similar to those which it has had recently to encounter, or, aided by + the action of the Treasury, shall be preserved in a sound and healthy + condition. +</p> +<p> + The dangers to be guarded against are greatly augmented by too large a + surplus of revenue. When that surplus greatly exceeds in amount what + shall be required by a wise and prudent forecast to meet unforeseen + contingencies, the Legislature itself may come to be seized with a + disposition to indulge in extravagant appropriations to objects many + of which may, and most probably would, be found to conflict with the + Constitution. A fancied expediency is elevated above constitutional + authority, and a reckless and wasteful extravagance but too certainly + follows. +</p> +<p> + The important power of taxation, which when exercised in its most + restricted form is a burthen on labor and production, is resorted to + under various pretexts for purposes having no affinity to the motives + which dictated its grant, and the extravagance of Government stimulates + individual extravagance until the spirit of a wild and ill-regulated + speculation involves one and all in its unfortunate results. In view of + such fatal consequences, it may be laid down as an axiom founded in + moral and political truth that no greater taxes should be imposed than + are necessary for an economical administration of the Government, and + that whatever exists beyond should be reduced or modified. This doctrine + does in no way conflict with the exercise of a sound discrimination in + the selection of the articles to be taxed, which a due regard to the + public weal would at all times suggest to the legislative mind. It + leaves the range of selection undefined; and such selection should + always be made with an eye to the great interests of the country. + Composed as is the Union of separate and independent States, a patriotic + Legislature will not fail in consulting the interests of the parts to + adopt such course as will be best calculated to advance the harmony + of the whole, and thus insure that permanency in the policy of the + Government without which all efforts to advance the public prosperity + are vain and fruitless. +</p> +<p> + This great and vitally important task rests with Congress, and the + Executive can do no more than recommend the general principles which + should govern in its execution. +</p> +<p> + I refer you to the report of the Secretary of War for an exhibition of + the condition of the Army, and recommend to you as well worthy your best + consideration many of the suggestions it contains. The Secretary in no + degree exaggerates the great importance of pressing forward without + delay in the work of erecting and finishing the fortifications to which + he particularly alludes. Much has been done toward placing our cities + and roadsteads in a state of security against the hazards of hostile + attack within the last four years; but considering the new elements + which have been of late years employed in the propelling of ships + and the formidable implements of destruction which have been brought + into service, we can not be too active or vigilant in preparing and + perfecting the means of defense. I refer you also to his report for + a full statement of the condition of the Indian tribes within our + jurisdiction. The Executive has abated no effort in carrying into effect + the well-established policy of the Government which contemplates a + removal of all the tribes residing within the limits of the several + States beyond those limits, and it is now enabled to congratulate the + country at the prospect of an early consummation of this object. Many of + the tribes have already made great progress in the arts of civilized + life, and through the operation of the schools established among them, + aided by the efforts of the pious men of various religious denominations + who devote themselves to the task of their improvement, we may fondly + hope that the remains of the formidable tribes which were once masters + of this country will in their transition from the savage state to a + condition of refinement and cultivation add another bright trophy to + adorn the labors of a well-directed philanthropy. +</p> +<p> + The accompanying report of the Secretary of the Navy will explain to you + the situation of that branch of the service. The present organization of + the Department imparts to its operations great efficiency, but I concur + fully in the propriety of a division of the Bureau of Construction, + Equipment, Increase, and Repairs into two bureaus. The subjects as now + arranged are incongruous, and require to a certain extent information + and qualifications altogether dissimilar. +</p> +<p> + The operations of the squadron on the coast of Africa have been + conducted with all due attention to the object which led to its + origination, and I am happy to say that the officers and crews have + enjoyed the best possible health under the system adopted by the officer + in command. It is believed that the United States is the only nation + which has by its laws subjected to the punishment of death as pirates + those who may be engaged in the slave trade. A similar enactment on the + part of other nations would not fail to be attended by beneficial + results. +</p> +<p> + In consequence of the difficulties which have existed in the way of + securing titles for the necessary grounds, operations have not yet been + commenced toward the establishment of the navy-yard at Memphis. So soon + as the title is perfected no further delay will be permitted to + intervene. It is well worthy of your consideration whether Congress + should not direct the establishment of a ropewalk in connection with the + contemplated navy-yard, as a measure not only of economy, but as highly + useful and necessary. The only establishment of the sort now connected + with the service is located at Boston, and the advantages of a similar + establishment convenient to the hemp-growing region must be apparent to + all. +</p> +<p> + The report of the Secretary presents other matters to your consideration + of an important character in connection with the service. +</p> +<p> + In referring you to the accompanying report of the Postmaster-General it + affords me continued cause of gratification to be able to advert to the + fact that the affairs of the Department for the last four years have + been so conducted as from its unaided resources to meet its large + expenditures. On my coming into office a debt of nearly $500,000 existed + against the Department, which Congress discharged by an appropriation + from the Treasury. The Department on the 4th of March next will be + found, under the management of its present efficient head, free of debt + or embarrassment, which could only have been done by the observance and + practice of the greatest vigilance and economy. The laws have + contemplated throughout that the Department should be self-sustained, + but it may become necessary, with the wisest regard to the public + interests, to introduce amendments and alterations in the system. +</p> +<p> + There is a strong desire manifested in many quarters so to alter the + tariff of letter postage as to reduce the amount of tax at present + imposed. Should such a measure be carried into effect to the full extent + desired, it can not well be doubted but that for the first years of its + operation a diminished revenue would be collected, the supply of which + would necessarily constitute a charge upon the Treasury. Whether such + a result would be desirable it will be for Congress in its wisdom + to determine. It may in general be asserted as true that radical + alterations in any system should rather be brought about gradually than + by sudden changes, and by pursuing this prudent policy in the reduction + of letter postage the Department might still sustain itself through the + revenue which would accrue by the increase of letters. The state and + condition of the public Treasury has heretofore been such as to have + precluded the recommendation of any material change. The difficulties + upon this head have, however, ceased, and a larger discretion is now + left to the Government. +</p> +<p> + I can not too strongly urge the policy of authorizing the establishment + of a line of steamships regularly to ply between this country and + foreign ports and upon our own waters for the transportation of the + mail. The example of the British Government is well worthy of imitation + in this respect. The belief is strongly entertained that the emoluments + arising from the transportation of mail matter to foreign countries + would operate of itself as an inducement to cause individual enterprise + to undertake that branch of the task, and the remuneration of the + Government would consist in the addition readily made to our steam navy + in case of emergency by the ships so employed. Should this suggestion + meet your approval, the propriety of placing such ships under the + command of experienced officers of the Navy will not escape your + observation. The application of steam to the purposes of naval warfare + cogently recommends an extensive steam marine as important in estimating + the defenses of the country. Fortunately this may be obtained by us + to a great extent without incurring any large amount of expenditure. + Steam vessels to be engaged in the transportation of the mails on our + principal water courses, lakes, and ports of our coast could also be so + constructed as to be efficient as war vessels when needed, and would of + themselves constitute a formidable force in order to repel attacks from + abroad. We can not be blind to the fact that other nations have already + added large numbers of steamships to their naval armaments and that this + new and powerful agent is destined to revolutionize the condition of + the world. It becomes the United States, therefore, looking to their + security, to adopt a similar policy, and the plan suggested will enable + them to do so at a small comparative cost. +</p> +<p> + I take the greatest pleasure in bearing testimony to the zeal and + untiring industry which has characterized the conduct of the members of + the Executive Cabinet. Each in his appropriate sphere has rendered me + the most efficient aid in carrying on the Government, and it will not, + I trust, appear out of place for me to bear this public testimony. The + cardinal objects which should ever be held in view by those intrusted + with the administration of public affairs are rigidly, and without favor + or affection, so to interpret the national will expressed in the laws as + that injustice should be done to none, justice to all. This has been the + rule upon which they have acted, and thus it is believed that few cases, + if any, exist wherein our fellow-citizens, who from time to time have + been drawn to the seat of Government for the settlement of their + transactions with the Government, have gone away dissatisfied. Where the + testimony has been perfected and was esteemed satisfactory their claims + have been promptly audited, and this in the absence of all favoritism or + partiality. The Government which is not just to its own people can + neither claim their affection nor the respect of the world. At the same + time, the closest attention has been paid to those matters which relate + more immediately to the great concerns of the country. Order and + efficiency in each branch of the public service have prevailed, + accompanied by a system of the most rigid responsibility on the part of + the receiving and disbursing agents. The fact, in illustration of the + truth of this remark, deserves to be noticed that the revenues of the + Government, amounting in the last four years to upward of $120,000,000, + have been collected and disbursed through the numerous governmental + agents without the loss by default of any amount worthy of serious + commentary. +</p> +<p> + The appropriations made by Congress for the improvement of the rivers of + the West and of the harbors on the Lakes are in a course of judicious + expenditure under suitable agents, and are destined, it is to be hoped, + to realize all the benefits designed to be accomplished by Congress. + I can not, however, sufficiently impress upon Congress the great + importance of withholding appropriations from improvements which are not + ascertained by previous examination and survey to be necessary for the + shelter and protection of trade from the dangers of storms and tempests. + Without this precaution the expenditures are but too apt to inure to the + benefit of individuals, without reference to the only consideration + which can render them constitutional—the public interests and the + general good. +</p> +<p> + I can not too earnestly urge upon you the interests of this District, + over which by the Constitution Congress has exclusive jurisdiction. It + would be deeply to be regretted should there be at any time ground to + complain of neglect on the part of a community which, detached as it is + from the parental care of the States of Virginia and Maryland, can only + expect aid from Congress as its local legislature. Amongst the subjects + which claim your attention is the prompt organization of an asylum for + the insane who may be found from time to time sojourning within the + District. Such course is also demanded by considerations which apply to + branches of the public service. For the necessities in this behalf I + invite your particular attention to the report of the Secretary of the + Navy. +</p> +<p> + I have thus, gentlemen of the two Houses of Congress, presented you + a true and faithful picture of the condition of public affairs, both + foreign and domestic. The wants of the public service are made known + to you, and matters of no ordinary importance are urged upon your + consideration. Shall I not be permitted to congratulate you on the happy + auspices under which you have assembled and at the important change in + the condition of things which has occurred in the last three years? + During that period questions with foreign powers of vital importance to + the peace of our country have been settled and adjusted. A desolating + and wasting war with savage tribes has been brought to a close. The + internal tranquillity of the country, threatened by agitating questions, + has been preserved. The credit of the Government, which had experienced + a temporary embarrassment, has been thoroughly restored. Its coffers, + which for a season were empty, have been replenished. A currency nearly + uniform in its value has taken the place of one depreciated and almost + worthless. Commerce and manufactures, which had suffered in common with + every other interest, have once more revived, and the whole country + exhibits an aspect of prosperity and happiness. Trade and barter, no + longer governed by a wild and speculative mania, rest upon a solid + and substantial footing, and the rapid growth of our cities in every + direction bespeaks most strongly the favorable circumstances by which we + are surrounded. My happiness in the retirement which shortly awaits me + is the ardent hope which I experience that this state of prosperity is + neither deceptive nor destined to be short lived, and that measures + which have not yet received its sanction, but which I can not but regard + as closely connected with the honor, the glory, and still more enlarged + prosperity of the country, are destined at an early day to receive + the approval of Congress. Under these circumstances and with these + anticipations I shall most gladly leave to others more able than myself + the noble and pleasing task of sustaining the public prosperity. I shall + carry with me into retirement the gratifying reflection that as my sole + object throughout has been to advance the public good I may not entirely + have failed in accomplishing it; and this gratification is heightened in + no small degree by the fact that when under a deep and abiding sense of + duty I have found myself constrained to resort to the qualified veto it + has neither been followed by disapproval on the part of the people nor + weakened in any degree their attachment to that great conservative + feature of our Government. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<a name="2H_4_0024"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + SPECIAL MESSAGES. +</h2> +<p class="r"> + WASHINGTON, <i>December 10, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I have great pleasure in submitting to the Senate, for its ratification + and approval, a treaty which has been concluded between Mr. Cushing, the + United States commissioner, and the Chinese Empire. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 10, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I submit copies of two private and confidential letters addressed by Mr. + Fay, acting in his place during the absence of Mr. Wheaton from Berlin, + from which it appears that should the Senate see cause to ratify the + treaty with the States composing the Zollverein without reference to the + fact that the time limited for the exchange of its ratification had + expired the Germanic States would regard the time fixed for the exchange + of ratifications as immaterial and would give by their action upon + it vitality and force to the treaty. I submit it to your mature + consideration whether, in view of the important benefits arising from + the treaty to the trade and commerce of the United States and to their + agriculture, it would not comport with sound policy to adopt that + course. +</p> +<p> + The Executive, not regarding the action of the Senate upon the treaty + as expressive of its decisive opinion, deemed it proper to reopen + the negotiations so far as to obtain an extension of time for the + interchange of ratifications. The negotiation failed, however, in this + particular, out of no disinclination to abide by the terms of the treaty + on the part of the Zollverein, but from a belief that it would not fully + comport with its dignity to do so. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 10, 1844</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I communicate to you an extract of a dispatch from Mr. Hall to the + Secretary of State, which has been received by me since my message of + the 3d instant, containing the pleasing intelligence that the indemnity + assumed to be paid by the Republic of Venezuela in the case of the brig + <i>Morris</i> has been satisfactorily arranged. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 18, 1844</i>. +</p> +<p> + <i>To the Senate and House of Representatives</i>: +</p> +<p> + I transmit herewith copies of dispatches received from our minister at + Mexico since the commencement of your present session, which claim from + their importance, and I doubt not will receive, your calm and deliberate + consideration. The extraordinary and highly offensive language which + the Mexican Government has thought proper to employ in reply to the + remonstrance of the Executive, through Mr. Shannon, against the renewal + of the war with Texas while the question of annexation was pending + before Congress and the people, and also the proposed manner of + conducting that war, will not fail to arrest your attention. Such + remonstrance, urged in no unfriendly spirit to Mexico, was called for by + considerations of an imperative character, having relation as well to + the peace of this country and honor of this Government as to the cause + of humanity and civilization. Texas had entered into the treaty of + annexation upon the invitation of the Executive, and when for that act + she was threatened with a renewal of the war on the part of Mexico she + naturally looked to this Government to interpose its efforts to ward + off the threatened blow. But one course was left the Executive, acting + within the limits of its constitutional competency, and that was to + protest in respectful, but at the same time strong and decided, terms + against it. The war thus threatened to be renewed was promulgated by + edicts and decrees, which ordered on the part of the Mexican military + the desolation of whole tracts of country and the destruction without + discrimination of all ages, sexes, and conditions of existence. Over the + manner of conducting war Mexico possesses no exclusive control. She has + no right to violate at pleasure the principles which an enlightened + civilization has laid down for the conduct of nations at war, and + thereby retrograde to a period of barbarism, which happily for the world + has long since passed away. All nations are interested in enforcing an + observance of those principles, and the United States, the oldest of + the American Republics and the nearest of the civilized powers to the + theater on which these enormities were proposed to be enacted, could not + quietly content themselves to witness such a state of things. They had + through the Executive on another occasion, and, as was believed, with + the approbation of the whole country, remonstrated against outrages + similar but even less inhuman than those which by her new edicts and + decrees she has threatened to perpetrate, and of which the late inhuman + massacre at Tabasco was but the precursor. +</p> +<p> + The bloody and inhuman murder of Fannin and his companions, equaled only + in savage barbarity by the usages of the untutored Indian tribes, proved + how little confidence could be placed on the most solemn stipulations of + her generals, while the fate of others who became her captives in + war—many of whom, no longer able to sustain the fatigues and privations + of long journeys, were shot down by the wayside, while their companions + who survived were subjected to sufferings even more painful than + death—had left an indelible stain on the page of civilization. The + Executive, with the evidence of an intention on the part of Mexico to + renew scenes so revolting to humanity, could do no less than renew + remonstrances formerly urged. For fulfilling duties so imperative Mexico + has thought proper, through her accredited organs, because she has had + represented to her the inhumanity of such proceedings, to indulge in + language unknown to the courtesy of diplomatic intercourse and offensive + in the highest degree to this Government and people. Nor has she + offended in this only. She has not only violated existing conventions + between the two countries by arbitrary and unjust decrees against our + trade and intercourse, but withholds installments of debt due to our + citizens which she solemnly pledged herself to pay under circumstances + which are fully explained by the accompanying letter from Mr. Green, our + secretary of legation. And when our minister has invited the attention + of her Government to wrongs committed by her local authorities, not only + on the property but on the persons of our fellow-citizens engaged in + prosecuting fair and honest pursuits, she has added insult to injury + by not even deigning for months together to return an answer to his + representations. Still further to manifest her unfriendly feelings + toward the United States, she has issued decrees expelling from some + of her Provinces American citizens engaged in the peaceful pursuits of + life, and now denies to those of our citizens prosecuting the whale + fishery on the northwest coast of the Pacific the privilege, which has + through all time heretofore been accorded to them, of exchanging goods + of a small amount in value at her ports in California for supplies + indispensable to their health and comfort. +</p> +<p> + Nor will it escape the observation of Congress that in conducting a + correspondence with a minister of the United States, who can not and + does not know any distinction between the geographical sections of the + Union, charges wholly unfounded are made against particular States, and + an appeal to others for aid and protection against supposed wrongs. In + this same connection, sectional prejudices are attempted to be excited + and the hazardous and unpardonable effort is made to foment divisions + amongst the States of the Union and thereby imbitter their peace. Mexico + has still to learn that however freely we may indulge in discussion + among ourselves, the American people will tolerate no interference in + their domestic affairs by any foreign government, and in all that + concerns the constitutional guaranties and the national honor the people + of the United States have but one mind and one heart. +</p> +<p> + The subject of annexation addresses itself, most fortunately, to every + portion of the Union. The Executive would have been unmindful of its + highest obligations if it could have adopted a course of policy dictated + by sectional interests and local feelings. On the contrary, it was + because the question was neither local nor sectional, but made its + appeal to the interests of the whole Union, and of every State in the + Union, that the negotiation, and finally the treaty of annexation, was + entered into; and it has afforded me no ordinary pleasure to perceive + that so far as demonstrations have been made upon it by the people they + have proceeded from all portions of the Union. Mexico may seek to excite + divisions amongst us by uttering unjust denunciations against particular + States, but when she comes to know that the invitations addressed to our + fellow-citizens by Spain, and afterwards by herself, to settle Texas + were accepted by emigrants from all the States, and when, in addition to + this, she refreshes her recollection with the fact that the first effort + which was made to acquire Texas was during the Administration of a + distinguished citizen from an Eastern State, which was afterwards + renewed under the auspices of a President from the Southwest, she will + awake to a knowledge of the futility of her present purpose of sowing + dissensions among us or producing distraction in our councils by attacks + either on particular States or on persons who are now in the retirement + of private life. +</p> +<p> + Considering the appeal which she now makes to eminent citizens by name, + can she hope to escape censure for having ascribed to them, as well as + to others, a design, as she pretends now for the first time revealed, of + having originated negotiations to despoil her by duplicity and falsehood + of a portion of her territory? The opinion then, as now, prevailed with + the Executive that the annexation of Texas to the Union was a matter + of vast importance. In order to acquire that territory before it + had assumed a position among the independent powers of the earth, + propositions were made to Mexico for a cession of it to the United + States. Mexico saw in these proceedings at the time no cause of + complaint. She is now, when simply reminded of them, awakened to the + knowledge of the fact, which she, through her secretary of state, + promulgates to the whole world as true, that those negotiations were + founded in deception and falsehood and superinduced by unjust and + iniquitous motives. While Texas was a dependency of Mexico the United + States opened negotiations with the latter power for the cession of her + then acknowledged territory, and now that Texas is independent of Mexico + and has maintained a separate existence for nine years, during which + time she has been received into the family of nations and is represented + by accredited ambassadors at many of the principal Courts of Europe, and + when it has become obvious to the whole world that she is forever lost + to Mexico, the United States is charged with deception and falsehood in + all relating to the past, and condemnatory accusations are made against + States which have had no special agency in the matter, because the + Executive of the whole Union has negotiated with free and independent + Texas upon a matter vitally important to the interests of both + countries; and after nine years of unavailing war Mexico now announces + her intention, through her secretary of foreign affairs, never to + consent to the independence of Texas or to abandon the effort to + reconquer that Republic. She thus announces a perpetual claim, which + at the end of a century will furnish her as plausible a ground for + discontent against any nation which at the end of that time may enter + into a treaty with Texas as she possesses at this moment against the + United States. The lapse of time can add nothing to her title to + independence. A course of conduct such as has been described on the part + of Mexico, in violation of all friendly feeling and of the courtesy + which should characterize the intercourse between the nations of the + earth, might well justify the United States in a resort to any measures + to vindicate their national honor; but, actuated by a sincere desire + to preserve the general peace, and in view of the present condition + of Mexico, the Executive, resting upon its integrity, and not fearing + but that the judgment of the world will duly appreciate its motives, + abstains from recommending to Congress a resort to measures of redress + and contents itself with reurging upon that body prompt and immediate + action on the subject of annexation. By adopting that measure the United + States will be in the exercise of an undoubted right; and if Mexico, + not regarding their forbearance, shall aggravate the injustice of her + conduct by a declaration of war against them, upon her head will rest + all the responsibility. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 23, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + The messenger who lately bore to Berlin the ratified copy of the + convention for the mutual abolition of the <i>droit d'aubaine</i> and taxes + on emigration between the United States of America and the Grand Duchy + of Hesse, has just returned to Washington, bearing with him the exchange + copy of said convention. It appears that the exchange of ratifications + did not take place until the 16th day of October, twenty days after + the period fixed by the convention itself for that purpose. This + informality, which it would seem was occasioned by the absence from + Berlin of the plenipotentiary from Hesse and by the time necessarily + required for the preparation of the document, has been waived by the + representative of that Government. +</p> +<p> + This subject is now submitted for the consideration of the Senate. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>December 23, 1844</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit a letter from the Secretary of State, accompanied by + copies of the correspondence<a href="#note-136"><small>136</small></a> asked for by your resolution of the + 12th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 2, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a letter from the Secretary of State, accompanied + by a copy of a letter<a href="#note-137"><small>137</small></a> from Mr. Raymond, secretary of legation and + chargé d'affaires <i>ad interim</i> of the Republic of Texas, in answer to + the Senate's resolution of the 16th December last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 2, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to your resolution of the 19th December last, I herewith + transmit a letter<a href="#note-138"><small>138</small></a> from the Secretary of State and the accompanying + documents. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 9, 1845</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + I herewith transmit to the House of Representatives, in reply to their + resolution of the 14th of June last, a report from the Secretary of State, + with accompanying papers.<a href="#note-139"><small>139</small></a> +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 9, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith additional documents having relation to the treaty + with China, which may enable the Senate more satisfactorily to act upon + it. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 22, 1845</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I communicate herewith an abstract of the treaty between the United + States of America and the Chinese Empire concluded at Wang-Hiya on the + 3d of July last, and ratified by the Senate on the 16th instant, and + which, having also been ratified by the Emperor of China, now awaits + only the exchange of the ratifications in China, from which it will be + seen that the special mission authorized by Congress for this purpose + has fully succeeded in the accomplishment so far of the great objects + for which it was appointed, and in placing our relations with China on a + new footing eminently favorable to the commerce and other interests of + the United States. +</p> +<p> + In view of the magnitude and importance of our national concerns, actual + and prospective, in China, I submit to the consideration of Congress + the expediency of providing for the preservation and cultivation of the + subsisting relations of amity between the United States and the Chinese + Government, either by means of a permanent minister or commissioner + with diplomatic functions, as in the case of certain of the Mohammedan + States. It appears by one of the extracts annexed that the establishment + of the British Government in China consists both of a plenipotentiary + and also of paid consuls for all the five ports, one of whom has the + title and exercises the functions of consul-general; and France has also + a salaried consul-general, and the interests of the United States seem + in like manner to call for some representative in China of a higher + class than an ordinary commercial consulate. +</p> +<p> + I also submit to the consideration of Congress the expediency of making + some special provision by law for the security of the independent and + honorable position which the treaty of Wang-Hiya confers on citizens + of the United States residing or doing business in China. By the + twenty-first and twenty-fifth articles of the treaty (copies of which + are subjoined <i>in extenso</i>) citizens of the United States in China are + wholly exempted, as well in criminal as in civil matters, from the local + jurisdiction of the Chinese Government and made amenable to the laws and + subject to the jurisdiction of the appropriate authorities of the United + States alone. Some action on the part of Congress seems desirable in + order to give full effect to these important concessions of the Chinese + Government. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>January 29, 1845</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + In compliance with the request of the governor of the State of Illinois, + I transmit herewith a copy of certain resolutions<a href="#note-140"><small>140</small></a> adopted by the + general assembly of that State. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 3, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 2d ultimo, calling + for information in reference to the indemnities stipulated to be paid + pursuant to the convention between the United States and the Mexican + Republic of the 30th of January, 1843, I transmit herewith reports from + the Secretaries of State and of the Treasury and the documents which + accompanied them. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 3, 1845</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 23d + ultimo, requesting information upon the subject of embezzlement of + public money, I transmit herewith a report from the Secretary of State. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 3, 1845</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In answer to the resolution of the House of Representatives of the 16th + ultimo, calling for information upon the subject of the boundaries, of + the Republic of Texas and for copies of treaties between that Republic + and other powers, I transmit herewith a report from the Secretary of + State and the documents which accompanied it. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 4, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 5th December, + I herewith transmit copies of the proceedings in the case of the + inquiry into the official conduct of Silas Reed, principal surveyor + of Missouri and Illinois, together with all the complaints against + him and all the evidence taken in relation thereto. I did not consider + the irregularities into which the surveyor-general had fallen as of + sufficient magnitude to induce his dismissal from office at the time + that the papers reached me, having become convinced, upon inquiry of the + Commissioner of the General Land Office, of the ability, efficiency, + and fidelity of the surveyor-general in all things appertaining to his + office; but since the passage of the resolution by the Senate I regarded + the matter as so augmented in importance as to induce me to refer the + subject to the Commissioner of the General Land Office for a minute and + thorough examination. A copy of the report which he has made, and also + the defense of Dr. Reed, accompanies the papers. It has seemed to me + that the facts set forth by the report exhibit certain irregularities + which are properly reprehensible, but from which neither the + surveyor-general, in a pecuniary point of view, derived profit nor + the Government sustained loss, and which the reproof contained in the + Commissioner's report will in all future cases restrain; while the + high testimony borne by the Commissioner to the generally excellent + deportment in office of the surveyor-general has seemed to me to mark + the case more as one meriting disapproval and correction in future than + the severe punishment of dismissal. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 5, 1845</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 its + resolution of the 31st ultimo, a report from the Secretary of State, + together with copies of documents<a href="#note-141"><small>141</small></a> therein referred to. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 5, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 10th of December + last, requesting further correspondence touching the relations between + the United States and the Mexican Republic, I transmit herewith a report + from the Secretary of State and the documents which accompanied it. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 7, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith the report<a href="#note-142"><small>142</small></a> requested by the resolution of the + Senate of the 2d of January last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 7, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 4th instant, requesting + information relative to the employment of Mr. Duff Green in the service + of this Government, I transmit herewith a report from the Secretary of + State. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 12, 1845</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith a copy of the correspondence relating to the claims + of citizens of the United States upon the Mexican Republic, requested by + the resolution of the House of Representatives of the 10th of January, + 1844. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 12, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a copy of the correspondence relative to claims of + citizens of the United States on the Mexican Republic, requested by the + resolution of the Senate of the 26th December, 1843. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON CITY, <i>February 13, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith, for the advice and approbation of the Senate, a + treaty with the Creek and Seminole tribes of Indians, concluded on the + 4th day of January last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 14, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit certain documents connected with the case of Silas + Reed,<a href="#note-143"><small>143</small></a> and which were inadvertently omitted in the packet of papers + which accompanied my message to the Senate on this subject. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 17, 1845</i>. +</p> +<p> + <i>To the House of Representatives</i>: +</p> +<p> + In compliance with the resolution of the House of Representatives of + the 30th of December last, requesting information with reference to + indemnities for claims of citizens of the United States upon the Mexican + Government, I transmit herewith a report from the Secretary of State and + the documents which accompanied it. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 19, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In answer to the resolution of the Senate of the 11th December, 1844, + requesting the President "to lay before the Senate, if in his judgment + that may be done without prejudice to the public interests, a copy + of any instructions which may have been given by the Executive to + the American minister in England on the subject of the title to and + occupation of the Territory of Oregon since the 4th day of March, 1841; + also a copy of any correspondence which may have passed between this + Government and that of Great Britain, or between either of the two + Governments and the minister of the other, in relation to that subject + since that time," I have to say that in my opinion, as the negotiation + is still pending, the information sought for cannot be communicated + without prejudice to the public service. +</p> +<p> + I deem it, however, proper to add that considerable progress has been + made in the discussion, which has been carried on in a very amicable + spirit between the two Governments, and that there is reason to hope + that it may be terminated and the negotiation brought to a close within + a short period. +</p> +<p> + I have delayed answering the resolution under the expectation expressed + in my annual message that the negotiation would have been terminated + before the close of the present session of Congress, and that the + information called for by the resolution of the Senate might be + communicated. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate a report<a href="#note-144"><small>144</small></a> from the Secretary of + State, in reply to the inquiries contained in their resolution of the + 17th instant. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 20, 1845</i>. +</p> +<p> + <i>To the Senate and House of Representatives of the United States</i>: +</p> +<p> + I transmit herewith, for the information of Congress, copies of certain + dispatches recently received from Mr. Wise, our envoy extraordinary and + minister plenipotentiary at the Court of Brazil, upon the subject of the + slave trade, developing the means used and the devices resorted to in + order to evade existing enactments upon that subject. +</p> +<p> + Anxiously desirous as are the United States to suppress a traffic so + revolting to humanity, in the efforts to accomplish which they have been + the pioneers of civilized states, it can not but be a subject of the + most profound regret that any portion of our citizens should be found + acting in cooperation with the subjects of other powers in opposition to + the policy of their own Government, thereby subjecting to suspicion and + to the hazard of disgrace the flag of their own country. It is true that + this traffic is carried on altogether in foreign parts and that our own + coasts are free from its pollution; but the crime remains the same + wherever perpetrated, and there are many circumstances to warrant the + belief that some of our citizens are deeply involved in its guilt. The + mode and manner of carrying on this trade are clearly and fearlessly set + forth in the accompanying documents, and it would seem that a regular + system has been adopted for the purpose of thwarting the policy and + evading the penalties of our laws. American vessels, with the knowledge, + as there are good reasons to believe, of the owners and masters, are + <i>chartered</i>, or rather purchased, by notorious slave dealers in Brazil, + aided by English brokers and capitalists, with this intent. The vessel + is only nominally chartered at so much per month, while in truth it is + actually sold, to be delivered on the coast of Africa; the charter party + binding the owners in the meantime to take on board <i>as passengers</i> a + new crew in Brazil, who, when delivered on the coast, are to navigate + her back to the ports of Brazil with her cargo of slaves. Under this + agreement the vessel clears from the United States for some port in + Great Britain, where a cargo of merchandise known as "coast goods," and + designed especially for the African trade, is purchased, shipped, and + consigned, together with the vessel, either directly to the slave dealer + himself or to his agents or accomplices in Brazil. On her arrival a new + crew is put on board <i>as passengers</i> and the vessel and cargo consigned + to an equally guilty factor or agent on the coast of Africa, where + the unlawful purpose originally designed is finally consummated. The + merchandise is exchanged for slaves, the vessel is delivered up, her + name obliterated, her papers destroyed, her American crew discharged, to + be provided for by the charterers, and the new or <i>passenger</i> crew put + in command to carry back its miserable freight to the first contrivers + of the voyage, or their <i>employees</i> in Brazil. +</p> +<p> + During the whole progress of this tortuous enterprise it is possible + that neither the American crew originally enlisted nor the <i>passenger</i> + crew put on board in the Brazilian ports are aware of the nature + of the voyage, and yet it is on these principally, ignorant if not + innocent, that the penalties of the law are inflicted, while the guilty + contrivers—the charterers, brokers, owners, and masters; in short, all + who are most deeply concerned in the crime and its rewards—for the most + part escape unpunished. +</p> +<p> + It will be seen from the examinations which have recently taken place + at Rio that the subjects of Her Britannic Majesty as well as our own + citizens are deeply implicated in this inhuman traffic. British factors + and agents, while they supply Africa with British fabrics in exchange + for slaves, are chiefly instrumental in the abuse of the American flag; + and the suggestions contained in the letter of Mr. Wise (whose judicious + and zealous efforts in the matter can not be too highly commended), + addressed to Mr. Hamilton, the British envoy, as to the best mode of + suppressing the evil, deserve your most deliberate consideration, as + they will receive, I doubt not, that of the British Government. +</p> +<p> + It is also worthy of consideration whether any other measures than those + now existing are necessary to give greater efficacy to the just and + humane policy of our laws, which already provide for the restoration to + Africa of slaves captured at sea by American cruisers. From time to time + provision has been made by this Government for their comfortable support + and maintenance during a limited period after their restoration, and it + is much to be regretted that this liberal policy has not been adopted by + Great Britain. As it is, it seems to me that the policy it has adopted + is calculated rather to perpetuate than to suppress the trade by + enlisting very large interests in its favor. Merchants and capitalists + furnish the means of carrying it on; manufactures, for which the negroes + are exchanged, are the products of her workshops; the slaves, when + captured, instead of being returned back to their homes are transferred + to her colonial possessions in the West Indies and made the means of + swelling the amount of their products by a system of apprenticeship for + a term of years; and the officers and crews who capture the vessels + receive on the whole number of slaves so many pounds sterling <i>per + capita</i> by way of bounty. +</p> +<p> + It must be obvious that while these large interests are enlisted in + favor of its continuance it will be difficult, if not impossible, to + suppress the nefarious traffic, and that its results would be in effect + but a continuance of the slave trade in another and more cruel form; for + it can be but a matter of little difference to the African whether he is + torn from his country and transported to the West Indies as a slave in + the regular course of the trade, or captured by a cruiser, transferred + to the same place, and made to perform the same labor under the name of + an apprentice, which is at present the practical operation of the policy + adopted. +</p> +<p> + It is to be hoped that Her Britannic Majesty's Government will, upon a + review of all the circumstances stated in these dispatches, adopt more + efficient measures for the suppression of the trade, which she has so + long attempted to put down, with, as yet, so little success, and more + consonant with the original policy of restoring the captured African to + his home. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit to the Senate, for its consideration with a view to + ratification, a treaty of peace, friendship, navigation, and commerce + between the United States and the Republic of New Granada, signed at + Bogota on the 20th of December last. A copy of the papers on file in + the Department of State relating to the treaty is also herewith + communicated, for the information of the Senate. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate, in answer to their resolution of + the 14th instant, a report of the Secretary of State, with the accompanying + papers.<a href="#note-145"><small>145</small></a> +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 21, 1845</i>. +</p> +<p> + <i>To the House of Representatives of the United States</i>: +</p> +<p> + In compliance with your resolution of the 23d January last, asking + information "if any, and what, officers of the United States have been + guilty of embezzlement of public money since the 19th August, 1841, and, + further, whether such officers have been criminally prosecuted for such + embezzlement, and, if not, that the reasons why they have not been + so prosecuted be communicated," I herewith transmit letters from + the Secretaries of the Treasury, War, and Navy Departments and the + Postmaster-General, and from various heads of bureaus, from which it + will be seen that no case of embezzlement by any person holding office + under the Government is known to have occurred since the 19th August, + 1841, unless exceptions are to be found in the cases of the postmaster + at Tompkinsville, Ky., who was instantly removed from office, and all + papers necessary for his prosecution were transmitted to the United + States district attorney, and John Flanagan, superintendent of lead + mines of the Upper Mississippi, who was also removed, and whose place of + residence, as will be seen by the letter of the head of the Ordnance + Bureau, has been, and still is, unknown. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 24, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate to the Senate, for its consideration, a + convention concluded by the minister of the United States at Berlin with + the Kingdom of Bavaria, dated on the 21st day of January, 1845, for + the mutual abolition of the <i>droit d'aubaine</i> and taxes on emigration + between that Government and the United States, and also a copy of a + dispatch from the minister explanatory of the sixth article of the same. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 26, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith a communication from the Secretary of the Treasury, + inclosing reports from the Commissioner of the General Land Office, + dated the 25th instant, and accompanying papers, in compliance with your + resolution of the 17th instant, asking for information relative to + reservations of mineral lands in the State of Illinois south of the base + line and west of the third principal meridian. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 26, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith communicate a dispatch recently received, and an extract + from one of a prior date, from our minister at Mexico, which I deem + it important to lay confidentially before the Senate. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 26, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + In compliance with the resolution of the Senate of the 3d instant, + I herewith transmit the information<a href="#note-146"><small>146</small></a> called for. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 26, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith transmit to the Senate, for its approval, an additional + article to the treaty of extradition between the United States and + France of the 9th of November, 1843. It will be found to contain the + amendments suggested by the resolution of the Senate of the 15th of + June last. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> +<p class="r"> + WASHINGTON, <i>February 28, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I transmit herewith to the Senate, in answer to its resolution of the + 17th instant, a report<a href="#note-147"><small>147</small></a> from the Secretary of State, together with + the copies of papers therein referred to. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<a name="2H_4_0025"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + VETO MESSAGE. +</h2> +<p class="r"> + WASHINGTON, <i>February 20, 1845</i>. +</p> +<p> + <i>To the Senate of the United States</i>: +</p> +<p> + I herewith return the bill entitled "An act relating to revenue cutters + and steamers," with the following objections to its becoming a law: +</p> +<p> + The Executive has found it necessary and esteemed it important to the + public interests to direct the building of two revenue boats, to be + propelled by wind or steam, as occasion may require—the one for the + coast of Georgia and the other for Mobile Bay, to be used as dispatch + vessels if necessary. The models have been furnished by the Navy + Department and side wheels have been ordered, as being best tested and + least liable to failure. The one boat is directed to be built at + Richmond, Va., the other at Pittsburg, Pa., and contracts have been + regularly entered into for their construction. The contractors have made + and are making all necessary arrangements in procuring materials and + sites for building, etc., and have doubtless been at considerable + expense in the necessary preparations for completing their engagements. + It was no part of the intention of the Senate in originating the bill, + I am well convinced, to violate the sanctity of contracts regularly + entered into by the Government. The language of the act, nevertheless, + is of a character to produce in all probability that effect. Its + language is "that no revenue cutter or revenue steamer shall hereafter + be built <i>(excepting such as are now in the course of building or + equipment</i>) nor purchased unless an appropriation be first made by law + therefor." The <i>building</i> of the two cutters under contract can not be + said properly to have commenced, although preparations have been made + for building; but even if the construction be ambiguous, it is better + that all ambiguity should be removed and thus the hazard of violating + the pledged faith of the country be removed along with it. +</p> +<p> + I am free to confess that, existing contracts being guarded and + protected, the law to operate <i>in futuro</i> would be regarded as both + proper and wise. +</p> +<p> + With these objections, I return the bill to the House in which it + originated for its final constitutional action. +</p> +<p class="r"> JOHN TYLER.</p> +<p> </p><p> </p> + +<a name="2H_4_0026"><!-- H2 anchor --></a> + +<div style="height: 4em;"><br><br><br><br></div> + +<h2> + PROCLAMATION. +</h2> +<center> + [From Senate Journal, Twenty-eighth Congress, second session, p. 271.] +</center> +<p class="r"> + WASHINGTON, <i>January 8, 1845</i>. +</p> +<p> + <i>To the Senators of the United States, respectively</i>. +</p> +<p> + SIR: Objects interesting to the United States requiring that the Senate + should be in session on Tuesday, the 4th of March next, to receive and + act upon such communications as may be made to it on the part of the + Executive, your attendance in the Senate Chamber, in this city, on that + day at 10 o'clock in the forenoon is accordingly requested. +</p> +<p class="r"> JOHN TYLER.</p> + + +<div style="height: 6em;"><br><br><br><br><br><br></div> + +<hr class="full"> + +<h2> + Footnotes +</h2> + + +<a name="note-1"><!--Note--></a> +<p class="foot"> +<u>1</u> Relating to the commissioners appointed to investigate the + condition of the public works in Washington, D.C., and transmitting + copy of the letter of instructions issued to them. +</p> +<a name="note-2"><!--Note--></a> +<p class="foot"> +<u>2</u> Correspondence of the minister in England with the officers + of the Mediterranean Squadron, in consequence of which the squadron left + that station, and the dispatches of Captain Bolton to the Secretary of + the Navy connected with that movement. +</p> +<a name="note-3"><!--Note--></a> +<p class="foot"> +<u>3</u> Relating to allowances since March 4, 1841, of claims + arising under the invasion of East Florida in 1812. +</p> +<a name="note-4"><!--Note--></a> +<p class="foot"> +<u>4</u> Payment or assumption of State stocks by the General + Government. +</p> +<a name="note-5"><!--Note--></a> +<p class="foot"> +<u>5</u> Relating to the duties levied on American tobacco imported + into the States composing the German Commercial and Custom-House Union. +</p> +<a name="note-6"><!--Note--></a> +<p class="foot"> +<u>6</u> Appointed under the convention of April 11, 1839, for + adjusting the claims of citizens of the United States upon the Republic + of Mexico. +</p> +<a name="note-7"><!--Note--></a> +<p class="foot"> +<u>7</u> Transmitting correspondence with Great Britain relative to + the seizure of American vessels by British armed cruisers under the + pretense that they were engaged in the slave trade; also correspondence + with N.P. Trist, United States consul at Habana, upon the subject of + the slave trade, etc. +</p> +<a name="note-8"><!--Note--></a> +<p class="foot"> +<u>8</u> Stating that there is no correspondence in his office + showing that any American citizens are British prisoners of state in Van + Diemens Land; transmitting correspondence with the British minister on + the subject of the detention or imprisonment of citizens of the United + States on account of occurrences in Canada, instructions issued to the + special agent appointed to inquire into such detention or imprisonment, + and report of said special agent. +</p> +<a name="note-9"><!--Note--></a> +<p class="foot"> +<u>9</u> Asking for a further appropriation for completing the new + General Post-Office building. +</p> +<a name="note-10"><!--Note--></a> +<p class="foot"> +<u>10</u> Relating to the commerce and navigation between France and + the United States. +</p> +<a name="note-11"><!--Note--></a> +<p class="foot"> +<u>11</u> Transmitting list of officers deriving their appointments + from the nomination of the President and the concurrence of the Senate + who were removed from office since March 4, 1841, and also those who + were removed from March 4, 1829, to March 4, 1841. +</p> +<a name="note-12"><!--Note--></a> +<p class="foot"> +<u>12</u> Not found. Evidently refers to message of August 6, 1841, + on preceding page. +</p> +<a name="note-13"><!--Note--></a> +<p class="foot"> +<u>13</u> Relating to the deposits of public moneys in banks by + disbursing officers and agents. +</p> +<a name="note-14"><!--Note--></a> +<p class="foot"> +<u>14</u> Relating to the origin, progress, and conclusion of the + treaty of November 26, 1838, between Sardinia and the United States. +</p> +<a name="note-15"><!--Note--></a> +<p class="foot"> +<u>15</u> Stating that no proposition has been made by either the + United States or Great Britain relative to the mutual right of search. +</p> +<a name="note-16"><!--Note--></a> +<p class="foot"> +<u>16</u> Relating to American citizens captured near Santa Fe, + Mexico, by the Mexican army. +</p> +<a name="note-17"><!--Note--></a> +<p class="foot"> +<u>17</u> Transmitting correspondence relative to the action of the + authorities of Nassau, New Providence, in the imprisonment of slaves + charged with mutiny and murder, the refusal to surrender them to the + United States consul for trial in the United States, and the liberation + of slaves, all of said slaves being a part of the cargo of the United + States brig <i>Creole</i>. +</p> +<a name="note-18"><!--Note--></a> +<p class="foot"> +<u>18</u> Relating to the origin of the Seminole war, slaves + captured during said war by United States troops, etc. +</p> +<a name="note-19"><!--Note--></a> +<p class="foot"> +<u>19</u> It has already been stated that in the survey of the + portion of this line allotted to Major Graham there were actually + measured upon it, with the chain, 276 miles, and this did not constitute + more than one-half the labor and expense incident to all the duties + enumerated and performed by his division on his portion, so much did the + work required upon this portion of it exceed what was estimated for the + whole of it. +</p> +<a name="note-20"><!--Note--></a> +<p class="foot"> +<u>20</u> Asking an appropriation to defray the expenses growing out + of the dispute between the United States, within the Territory of Iowa, + and the State of Missouri relative to the southern boundary line, an + appropriation to defray the expenses of a convention for the formation + of a State constitution, etc. +</p> +<a name="note-21"><!--Note--></a> +<p class="foot"> +<u>21</u> Relating to letters written in March, 1841, by Andrew + Stevenson, United States minister at the Court of Great Britain, + to Isaac Hull, commander of the United States squadron in the + Mediterranean, which caused a part of that squadron to return to the + United States. +</p> +<a name="note-22"><!--Note--></a> +<p class="foot"> +<u>22</u> Relating to the mode of paying salaries, etc., of + ministers and other diplomatic agents of the United States at the + several Courts of Europe. +</p> +<a name="note-23"><!--Note--></a> +<p class="foot"> +<u>23</u> Relating to the colonial history of New York. +</p> +<a name="note-24"><!--Note--></a> +<p class="foot"> +<u>24</u> Extract of a letter from the Department of State to the + United States minister at London relative to the case of the brig + <i>Creole</i>. +</p> +<a name="note-25"><!--Note--></a> +<p class="foot"> +<u>25</u> Relating to an act of the legislature of South Carolina + providing for the imprisonment of free negroes found on board vessels + entering any of the ports of that State, complaints of the British + Government relative to the operation of said act, etc. +</p> +<a name="note-26"><!--Note--></a> +<p class="foot"> +<u>26</u> Relating to complaints of Spain and Portugal that the + operation of the revenue act of September 11, 1841, infringed treaty + stipulations. +</p> +<a name="note-27"><!--Note--></a> +<p class="foot"> +<u>27</u> Statements of the quantity and cost of labor and materials + for the new public buildings in Washington, D.C., etc. +</p> +<a name="note-28"><!--Note--></a> +<p class="foot"> +<u>28</u> Transmitting list of agents, etc., employed by the Navy + Department without express authority of law, etc. +</p> +<a name="note-29"><!--Note--></a> +<p class="foot"> +<u>29</u> Transmitting list of removals from and appointments to + office in the Department of War from March 4, 1829, to September 30, + 1841. +</p> +<a name="note-30"><!--Note--></a> +<p class="foot"> +<u>30</u> Relating to appointments to office in the Navy and Marine + Corps since April 4, 1841. +</p> +<a name="note-31"><!--Note--></a> +<p class="foot"> +<u>31</u> Transmitting list of appointments by the President or + Secretary of State since April 4, 1841. +</p> +<a name="note-32"><!--Note--></a> +<p class="foot"> +<u>32</u> A chain is made up of mountains whose bases touch each + other.—BALBI. +</p> +<a name="note-33"><!--Note--></a> +<p class="foot"> +<u>33</u> Wagan is a term in the Abenaki language signifying way. + Sis is a diminutive particle. Wagansis is therefore the little way; and + it seems probable that the name of Grand River, the usual epithet for + the St. John, has been improperly applied to the small stream which + bears it on the map. +</p> +<a name="note-34"><!--Note--></a> +<p class="foot"> +<u>34</u> A continuous line of leveling was carried by one of the + parties of Major Graham's division, by means of two spirit levels + checking one another, from tide water at Calais, in Maine, to the + monument at the source of the St. Croix, and thence along the true + meridian line to its intersection with the river St. John. The surface + of the St. John at this point of intersection was thus found to be + 419-1/2 feet above the level of mean tide at Calais. The basin of the + river immediately above the Grand Falls may be stated as of the same + elevation in round numbers, as there is very little current in the river + between those two points. +</p> +<a name="note-35"><!--Note--></a> +<p class="foot"> +<u>35</u> Since the above was written Major Graham's map and the + computations of the barometric heights above alluded to have been + completed. +<br><br> + This map exhibits in their proper positions the numerous altitudes which + were determined throughout the country watered by the Aroostook and its + principal tributaries, extending laterally to the heights which bound + the basin of that river on either side; along the due west line traced + in the year 1835 by Captain Yule, of the royal engineers, between Mars + Hill and a point near the forks of the Great Machias River; along and in + the vicinity of the road recently opened by the State of Maine from + Lewis's (a point in latitude 46° 12' 20", between the head branches of + the Meduxnikeag and the Masardis or St. Croix of the Aroostook) to the + mouth of Fish River, in latitude 47° 15' 13", being a distance, actually + measured, of 79 miles; and along the new military road, embracing 40-1/2 + miles of the distance from Fort Fairfield to Houlton and including the + adjacent heights on either side. +<br><br> + The number of elevations within the territory watered by the Aroostook + and claimed by Great Britain that have thus been carefully measured + amounts to upward of 200. +<br><br> + This survey shows that although the prominent eminences which occur + along that portion of the "axis of maximum elevation" of Messrs. Mudge + and Featherstonhaugh which lies between the mouth and the source of + the Aroostook correspond very nearly in height and position by our + measurements with those reported by themselves, yet these eminences are + separated one from another by spaces of comparatively low and very often + swampy country, so extended as to preclude the idea of a continuous + range of highlands in the direction represented upon the map of those + commissioners. +<br><br> + If a range or chain of highlands is to be made to appear by drawing + a strongly marked line over widely extended valleys or districts of + comparatively low country so as to reach and connect the most prominent + eminences which may fall within the assumed direction, then such a range + or chain of highlands may here be made as plausibly in any other + direction as in that chosen by Messrs. Mudge and Featherstonhaugh, for + the detached elevated peaks are so distributed as under such a principle + to favor any one direction as much as another, and might thus be made to + subserve in an equal degree whatever conflicting theories the object in + view might cause to be originated. +<br><br> + We may also refer, in further illustration of the character of the + country through which a portion of this pretended "axis of maximum + elevation" is made to pass, to a panorama view taken in October, 1841, + by one of Major Graham's assistants from the summit of Blue Hill, where + crossed by the true meridian of the monument, at the source of the St. + Croix. This position is 1,100 feet above the level of the sea and 47-1/2 + miles north of the monument. It commands a most satisfactory view of the + whole country embraced within a radius of 40 to 60 miles, including, as + the landscape shows, Parks Hill to the south; Katahdin, the Traveller, + and Mars Hill to the southwest; Quaquajo, the Horseback, the Haystack, + and one or two peaks beyond the Aroostook to the west; the heights upon + the Fish River and the southern margin of the Eagle Lakes to the + northwest, and those south of the St. John (except a small angle + obstructed by the Aroostook Hill) to the north. +<br><br> + The character of the great basin of the Aroostook, dotted with the + detached peaks which rise abruptly from it at intervals of many miles + apart, is here exhibited through at least two-thirds of its extent in so + satisfactory a manner as in itself to preclude the idea of an "axis of + maximum elevation" composed of anything like a connected or continuous + chain in this region of country. +<br><br> + MAY 1 1842. +</p> +<a name="note-36"><!--Note--></a> +<p class="foot"> +<u>36</u> The highlands of Neversink. +</p> +<a name="note-37"><!--Note--></a> +<p class="foot"> +<u>37</u> Captain Byfield. +</p> +<a name="note-38"><!--Note--></a> +<p class="foot"> +<u>38</u> The levelings carried along this meridian line by means of + spirit levels, alluded to in the note at bottom of page 121, passed Mars + Hill at a depression of 12 feet <i>below</i> the level of the base of the + monument which stands (except at seasons of extreme drought) in the + water at the source of the St. Croix. +</p> +<a name="note-39"><!--Note--></a> +<p class="foot"> +<u>39</u> A considerable part of the papers, together with the + argument, has been published by Mr. Gallatin in his Right of the United + States to the Northeastern Boundary. New York, 1840. 8 vo. pp. 180. +</p> +<a name="note-40"><!--Note--></a> +<p class="foot"> +<u>40</u> The words here appearing in italics are not italicized in + the original treaty. +</p> +<a name="note-41"><!--Note--></a> +<p class="foot"> +<u>41</u> See Note I, pp. 141,142. +</p> +<a name="note-42"><!--Note--></a> +<p class="foot"> +<u>42</u> See Note II, p. 142. +</p> +<a name="note-43"><!--Note--></a> +<p class="foot"> +<u>43</u> See Note III, pp. 142,143. +</p> +<a name="note-44"><!--Note--></a> +<p class="foot"> +<u>44</u> See Note IV, p. 143. +</p> +<a name="note-45"><!--Note--></a> +<p class="foot"> +<u>45</u> See Note V, pp. 143-147. +</p> +<a name="note-46"><!--Note--></a> +<p class="foot"> +<u>46</u> Sebastian Cabot, in the employ of Henry VII, discovered + the continent of North America 24th June, 1497, and explored it from + Hudsons Bay to Florida in 1498. Columbus discovered South America 1st + August, 1498, while the voyage of Vespucci, whose name has been given to + the continent, was not performed until 1499.—HUMBOLDT. +</p> +<a name="note-47"><!--Note--></a> +<p class="foot"> +<u>47</u> See Note VI, p. 147. +</p> +<a name="note-48"><!--Note--></a> +<p class="foot"> +<u>48</u> Haliburton's History, Vol. I, pp. 83-87. +</p> +<a name="note-49"><!--Note--></a> +<p class="foot"> +<u>49</u> Haliburton's History, Vol. I, pp. 244-289. +</p> +<a name="note-50"><!--Note--></a> +<p class="foot"> +<u>50</u> See Note VII, pp. 147, 148. +</p> +<a name="note-51"><!--Note--></a> +<p class="foot"> +<u>51</u> Report of Messrs. Featherstonhaugh and Mudge, p. 6. +</p> +<a name="note-52"><!--Note--></a> +<p class="foot"> +<u>52</u> Hon. John Holmes, of Maine. +</p> +<a name="note-53"><!--Note--></a> +<p class="foot"> +<u>53</u> See Note VIII, p. 148. +</p> +<a name="note-54"><!--Note--></a> +<p class="foot"> +<u>54</u> Report of Messrs. Featherstonhaugh and Mudge, pp. 6, 23. +</p> +<a name="note-55"><!--Note--></a> +<p class="foot"> +<u>55</u> See Note IX, p. 148. +</p> +<a name="note-56"><!--Note--></a> +<p class="foot"> +<u>56</u> See Note X, pp. 148, 149. +</p> +<a name="note-57"><!--Note--></a> +<p class="foot"> +<u>57</u> Report of Featherstonhaugh and Mudge, pp. 6, 23. +</p> +<a name="note-58"><!--Note--></a> +<p class="foot"> +<u>58</u> See Note XI, p. 149. +</p> +<a name="note-59"><!--Note--></a> +<p class="foot"> +<u>59</u> Hansard's Parliamentary Register for 1783. +</p> +<a name="note-60"><!--Note--></a> +<p class="foot"> +<u>60</u> See Note XII, p. 149. +</p> +<a name="note-61"><!--Note--></a> +<p class="foot"> +<u>61</u> Prospectus of St. Andrews and Quebec Railroad, 1836; and + Survey of Captain Yule, 1835. +</p> +<a name="note-62"><!--Note--></a> +<p class="foot"> +<u>62</u> Report of Featherstonhaugh and Mudge, p. 8. +</p> +<a name="note-63"><!--Note--></a> +<p class="foot"> +<u>63</u> It can not be seriously pretended that when by the treaty + of St. Germains, in 1632, Acadie was restored to France the intention + was to cede to her the colonies already settled in New England. Yet the + language of the British commissioners would imply that this was the case + were it not that they evidently consider the forty-sixth parallel as the + southern boundary of the grant to De Monts, whereas it is the northern. +</p> +<a name="note-64"><!--Note--></a> +<p class="foot"> +<u>64</u> Relating to surveys and sales of the public lands during + 1841 and 1842, etc. +</p> +<a name="note-65"><!--Note--></a> +<p class="foot"> +<u>65</u> With Great Britain relative to an international copyright + law. +</p> +<a name="note-66"><!--Note--></a> +<p class="foot"> +<u>66</u> Relating to an alleged violation by the United States of + the treaty of Dancing Rabbit Creek. +</p> +<a name="note-67"><!--Note--></a> +<p class="foot"> +<u>67</u> Of the diplomatic agent and minister of the United States + at the Court of Austria relative to the commercial interests of the + United States. +</p> +<a name="note-68"><!--Note--></a> +<p class="foot"> +<u>68</u> Between the Department of State and Belgium relative to + the rejection by that Government of the treaty ratified by the Senate + February 9, 1833, and the causes of the delay in exchanging the + ratifications of the treaty ratified by the Senate December 31, 1840. +</p> +<a name="note-69"><!--Note--></a> +<p class="foot"> +<u>69</u> Transmitting names of agents employed by the State + Department without express provision of law. +</p> +<a name="note-70"><!--Note--></a> +<p class="foot"> +<u>70</u> For compensation for rescuing and supporting the captain, + supercargo, and 17 officers and men of the American ship <i>Courier</i>, of + New York, which foundered at sea, and landing them safely at the Cape of + Good Hope. +</p> +<a name="note-71"><!--Note--></a> +<p class="foot"> +<u>71</u> Transmitting lists of postmasters and others appointed by + the President and Post-Office Department from April 4, 1841, to March + 21, 1842. +</p> +<a name="note-72"><!--Note--></a> +<p class="foot"> +<u>72</u> Omitted. +</p> +<a name="note-73"><!--Note--></a> +<p class="foot"> +<u>73</u> Correspondence respecting certain citizens of the United + States captured with the Texan expedition to Santa Fe, and held in + confinement in Mexico. +</p> +<a name="note-74"><!--Note--></a> +<p class="foot"> +<u>74</u> Of expenses of the commission to investigate the New York + custom-house, etc. +</p> +<a name="note-75"><!--Note--></a> +<p class="foot"> +<u>75</u> Relating to the conduct and character of William B. + Hodgson (nominated to be consul at Tunis) while dragoman at + Constantinople. +</p> +<a name="note-76"><!--Note--></a> +<p class="foot"> +<u>76</u> Relating to the establishment of a line of steamers + between Havre and New York. +</p> +<a name="note-77"><!--Note--></a> +<p class="foot"> +<u>77</u> Transmitting names and compensation of employees and + witnesses in connection with the commission of inquiry relative to + the public buildings in Washington, D.C. +</p> +<a name="note-78"><!--Note--></a> +<p class="foot"> +<u>78</u> Relating to the macadamizing of Pennsylvania Avenue, + Washington D.C. +</p> +<a name="note-79"><!--Note--></a> +<p class="foot"> +<u>79</u> The House of Representatives ordered that it be not + entered on the Journal. +</p> +<a name="note-80"><!--Note--></a> +<p class="foot"> +<u>80</u> Communication from Commodore Charles W. Morgan, commanding + the United States naval forces in the Mediterranean, relative to the + adjustment of differences with Morocco; translation of a letter from the + Emperor of Morocco, etc. +</p> +<a name="note-81"><!--Note--></a> +<p class="foot"> +<u>81</u> Stating that the special minister from Great Britain to + the United States made no proposition, informal or otherwise, to the + negotiator on the part of the United States for the assumption or + guaranty of the State debts by the Government of the United States to + the holders of said debts. +</p> +<a name="note-82"><!--Note--></a> +<p class="foot"> +<u>82</u> Transmitting correspondence between the United States + minister at London and the British Government in relation to certain + slaves taken from the wreck of the schooner <i>Hermosa</i> and liberated + by the authorities at Nassau, New Providence. +</p> +<a name="note-83"><!--Note--></a> +<p class="foot"> +<u>83</u> Relating to the strength and expense of maintaining the + African Squadron under the late British treaty, the number of guns it + is expected to have afloat in the United States Navy during 1843, and + the estimated expense of the naval establishment for 1843. +</p> +<a name="note-84"><!--Note--></a> +<p class="foot"> +<u>84</u> Entitled "Acts and Resolutions of the Legislative Council + of the Territory of Florida," passed at its twentieth session, January + 3 to March 5, 1842. +</p> +<a name="note-85"><!--Note--></a> +<p class="foot"> +<u>85</u> Relating to a grant of land in Oregon Territory to the + Hudsons Bay Company by the British Government. +</p> +<a name="note-86"><!--Note--></a> +<p class="foot"> +<u>86</u> Transmitting correspondence with Great Britain relative to + the destruction of the steamboat <i>Caroline</i> at Schlosser, N.Y., December + 29, 1837. +</p> +<a name="note-87"><!--Note--></a> +<p class="foot"> +<u>87</u> Stating that no information is in possession of the + Government of any negotiation of a treaty, or of any overtures to treat, + for a cession of California by Mexico to England. +</p> +<a name="note-88"><!--Note--></a> +<p class="foot"> +<u>88</u> Between the consul-general of the United States at Tangier + and the Government of Morocco. +</p> +<a name="note-89"><!--Note--></a> +<p class="foot"> +<u>89</u> Communicating a copy of the commission and instructions + issued to Daniel Webster, Secretary of State, to treat with Lord + Ashburton, special minister from Great Britain to the United States. +</p> +<a name="note-90"><!--Note--></a> +<p class="foot"> +<u>90</u> Correspondence with the United States minister to France + relative to the quintuple treaty of December 20, 1841, and the Ashburton + treaty of August 9, 1842. +</p> +<a name="note-91"><!--Note--></a> +<p class="foot"> +<u>91</u> Correspondence between the representatives of foreign + governments and the United States relative to the operation of the + tariff laws on treaties existing with foreign governments. +</p> +<a name="note-92"><!--Note--></a> +<p class="foot"> +<u>92</u> This report proper and Appendix No. 1 are the only + portions of the original final report which can be found filed with the + archives of the commission. The copy of the report which was transmitted + to the House of Representatives is missing from the files of the House. + A careful search in the Government libraries of Washington warrants me + in asserting that the report has never been printed.—COMPILER. +</p> +<a name="note-93"><!--Note--></a> +<p class="foot"> +<u>93</u> Pocket veto. +</p> +<a name="note-94"><!--Note--></a> +<p class="foot"> +<u>94</u> Transmitting abstracts of proposals made to the Navy + Department and its several bureaus. +</p> +<a name="note-95"><!--Note--></a> +<p class="foot"> +<u>95</u> Relating to the duties levied on the wines of Portugal and + its possessions by tariff acts of the United States in violation of the + treaty of August 26, 1840. +</p> +<a name="note-96"><!--Note--></a> +<p class="foot"> +<u>96</u> Relating to the proceedings and conduct of the Choctaw + commission, sitting in the State of Mississippi, under the Dancing + Rabbit Creek treaty. +</p> +<a name="note-97"><!--Note--></a> +<p class="foot"> +<u>97</u> Relating to appointments of masters' mates and the + postponement of the sailing of the frigate <i>Raritan</i>. +</p> +<a name="note-98"><!--Note--></a> +<p class="foot"> +<u>98</u> Stating that there has been no correspondence with the + British Government relative to presents, etc., by that Government to + Indians in the United States. +</p> +<a name="note-99"><!--Note--></a> +<p class="foot"> +<u>99</u> Transmitting a letter from the Commissioner of Indian + Affairs relative to presents, etc., to Indians in the United States by + the British Government. +</p> +<a name="note-100"><!--Note--></a> +<p class="foot"> +<u>100</u> Relating to a proposed extension of the duties of the + Home Squadron. +</p> +<a name="note-101"><!--Note--></a> +<p class="foot"> +<u>101</u> Asking the publication and distribution of a digest of + the decisions of the Supreme Court of the United States. +</p> +<a name="note-102"><!--Note--></a> +<p class="foot"> +<u>102</u> Relating to the settlement of the accounts of + Major-General Gaines, etc. +</p> +<a name="note-103"><!--Note--></a> +<p class="foot"> +<u>103</u> Relating to slaves committing crimes and escaping from + the United States to the British dominions since the ratification of the + treaty of 1842, and the refusal of the British authorities to give them + up, and to the construction which the British Government puts upon the + article of said treaty relative to slaves committing crimes in the + United States and taking refuge in the British dominions. +</p> +<a name="note-104"><!--Note--></a> +<p class="foot"> +<u>104</u> Relating to a demand upon the British Government for + the surrender of certain fugitive criminals from Florida under the + provisions of the tenth article of the treaty of Washington. +</p> +<a name="note-105"><!--Note--></a> +<p class="foot"> +<u>105</u> Relating to the colony of Liberia, in Africa. +</p> +<a name="note-106"><!--Note--></a> +<p class="foot"> +<u>106</u> Relating to the production, growth, and trade in tobacco. +</p> +<a name="note-107"><!--Note--></a> +<p class="foot"> +<u>107</u> Transmitting names, returns, etc., of consuls and + commercial agents of the United States. +</p> +<a name="note-108"><!--Note--></a> +<p class="foot"> +<u>108</u> Relating to the abuse of the United States flag in + subservience to the African slave trade, and to the taking away of + slaves the property of Portuguese subjects in vessels owned or + employed by citizens of the United States. +</p> +<a name="note-109"><!--Note--></a> +<p class="foot"> +<u>109</u> Transmitting list of officers appointed in the Navy + since June 1, 1843. +</p> +<a name="note-110"><!--Note--></a> +<p class="foot"> +<u>110</u> Transmitting list of officers appointed in the Army + since June 1, 1843. +</p> +<a name="note-111"><!--Note--></a> +<p class="foot"> +<u>111</u> Transmitting list of persons employed by the Department + of State without express authority of law, etc., from March 4, 1837, to + December 31, 1843, inclusive. +</p> +<a name="note-112"><!--Note--></a> +<p class="foot"> +<u>112</u> Transmitting the commission appointing Caleb Cushing a + representative of the Government of the United States in China; papers, + etc., concerning the payment of $40,000, appropriated for sending a + commissioner, etc., to China. +</p> +<a name="note-113"><!--Note--></a> +<p class="foot"> +<u>113</u> Relating to the interpretation of the tenth article + of the treaty of August 9, 1842, between the United States and Great + Britain. +</p> +<a name="note-114"><!--Note--></a> +<p class="foot"> +<u>114</u> Relating to the survey of the harbor of St. Louis. +</p> +<a name="note-115"><!--Note--></a> +<p class="foot"> +<u>115</u> Statement of the expenditures of the Government each year + from its organization up to the present period, and when and for what + purpose these expenditures were made. +</p> +<a name="note-116"><!--Note--></a> +<p class="foot"> +<u>116</u> Omitted. +</p> +<a name="note-117"><!--Note--></a> +<p class="foot"> +<u>117</u> Addressed to the President of the United States. +</p> +<a name="note-118"><!--Note--></a> +<p class="foot"> +<u>118</u> Omitted. +</p> +<a name="note-119"><!--Note--></a> +<p class="foot"> +<u>119</u> Omitted. +</p> +<a name="note-120"><!--Note--></a> +<p class="foot"> +<u>120</u> Omitted. +</p> +<a name="note-121"><!--Note--></a> +<p class="foot"> +<u>121</u> Addressed to the President of the United States. +</p> +<a name="note-122"><!--Note--></a> +<p class="foot"> +<u>122</u> Omitted. +</p> +<a name="note-123"><!--Note--></a> +<p class="foot"> +<u>123</u> Addressed to Brigadier-General R. Jones, Adjutant-General + United States Army. +</p> +<a name="note-124"><!--Note--></a> +<p class="foot"> +<u>124</u> With reference to the annexation of Texas. +</p> +<a name="note-125"><!--Note--></a> +<p class="foot"> +<u>125</u> Proceedings under act of March 3, 1843, for the relief + of the Stockbridge tribe of Indians in the Territory of Wisconsin. +</p> +<a name="note-126"><!--Note--></a> +<p class="foot"> +<u>126</u> Transmitting lists of persons employed by the War + Department since March 4, 1837, without express authority of law, etc. +</p> +<a name="note-127"><!--Note--></a> +<p class="foot"> +<u>127</u> Relating to indemnity from Denmark for three ships and + their cargoes sent by Commodore John Paul Jones in 1779 as prizes into + Bergen, and there surrendered by order of the Danish King to the British + minister, in obedience to the demand of that minister. +</p> +<a name="note-128"><!--Note--></a> +<p class="foot"> +<u>128</u> Relating to money drawn from the Treasury to carry into + effect orders of the War and Navy Departments made since April 12, + 1844, for stationing troops or increasing the military force upon the + frontiers of Texas and the Gulf of Mexico and for placing a naval force + in the Gulf of Mexico, etc. +</p> +<a name="note-129"><!--Note--></a> +<p class="foot"> +<u>129</u> Transmitting list of persons employed by the Navy + Department without express authority of law from March 4, 1837, + to January 18, 1844, etc. +</p> +<a name="note-130"><!--Note--></a> +<p class="foot"> +<u>130</u> Relating to the treaty of annexation with Texas. +</p> +<a name="note-131"><!--Note--></a> +<p class="foot"> +<u>131</u> Transmitting correspondence from 1816 to 1820, inclusive, + between United States ministers to Spain and the Department of State, + between those ministers and Spanish secretaries of state, and between + the Department of State and the Spanish ministers accredited to the + United States. +</p> +<a name="note-132"><!--Note--></a> +<p class="foot"> +<u>132</u> On the subject of an order issued by the Mexican + Government expelling all natives of the United States from Upper + California and other departments of the Mexican Republic, and of + the order prohibiting foreigners the privilege of the retail trade + in Mexico. +</p> +<a name="note-133"><!--Note--></a> +<p class="foot"> +<u>133</u> With Great Britain relative to the duties exacted by that + Government on rough rice exported from the United States, contrary to + the treaty of 1815. +</p> +<a name="note-134"><!--Note--></a> +<p class="foot"> +<u>134</u> The first is a pocket veto. +</p> +<a name="note-135"><!--Note--></a> +<p class="foot"> +<u>135</u> Sent to all diplomatic and consular officers of the + United States. +</p> +<a name="note-136"><!--Note--></a> +<p class="foot"> +<u>136</u> Extracts from the instructions of the Department of State + to the United States minister to France relative to the proposed + annexation of Texas, etc. +</p> +<a name="note-137"><!--Note--></a> +<p class="foot"> +<u>137</u> Relating to the public debt and public lands of the + Republic of Texas. +</p> +<a name="note-138"><!--Note--></a> +<p class="foot"> +<u>138</u> Transmitting copies of treaties between the Republic of + Texas and Great Britain and France. +</p> +<a name="note-139"><!--Note--></a> +<p class="foot"> +<u>139</u> Copy of the instructions to George W. Erving upon his + appointment as minister to Spain in 1814 and during his mission to + that Court. +</p> +<a name="note-140"><!--Note--></a> +<p class="foot"> +<u>140</u> Asking the publication and distribution of the decisions + of the Supreme Court of the United States. +</p> +<a name="note-141"><!--Note--></a> +<p class="foot"> +<u>141</u> Correspondence relative to the surrender by Great Britain + of fugitive criminals from Florida under the treaty of Washington. +</p> +<a name="note-142"><!--Note--></a> +<p class="foot"> +<u>142</u> Of Lieutenant H. Wager Halleck, of the Engineer Corps, on + the means of national defense. +</p> +<a name="note-143"><!--Note--></a> +<p class="foot"> +<u>143</u> Principal surveyor of Missouri and Illinois, official + conduct of. +</p> +<a name="note-144"><!--Note--></a> +<p class="foot"> +<u>144</u> Relating to redress from the British Government for + the illegal capture of the fishing schooner <i>Argus</i> and other American + vessels engaged in the fisheries, under a pretended infraction of the + convention of October 20, 1818. +</p> +<a name="note-145"><!--Note--></a> +<p class="foot"> +<u>145</u> Instructions to Hon. Caleb Cushing, commissioner to China + and envoy extraordinary and minister plenipotentiary to the Court of + China, etc. +</p> +<a name="note-146"><!--Note--></a> +<p class="foot"> +<u>146</u> Operations of the United States squadron on the west + coast of Africa, the growth, condition, and influence of the American + colonies there, and the nature, extent, and progress of the commerce + of the United States with the same. +</p> +<a name="note-147"><!--Note--></a> +<p class="foot"> +<u>147</u> Relating to redress from the British Government for the + illegal capture of the fishing schooner <i>Argus</i> and other American + vessels engaged in the fisheries, under a pretended infraction of the + convention of October 20, 1818. +</p> + +<div>*** END OF THE PROJECT GUTENBERG EBOOK 12464 ***</div> +</body> +</html> + |