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diff --git a/old/12464.txt b/old/12464.txt new file mode 100644 index 0000000..ffabbc4 --- /dev/null +++ b/old/12464.txt @@ -0,0 +1,20950 @@ +The Project Gutenberg EBook of A Compilation of the Messages and Papers of +the Presidents: Tyler, by Compiled by James D. Richardson + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: A Compilation of the Messages and Papers of the Presidents: Tyler + Section 2 (of 3) of Volume 4: John Tyler + +Author: Compiled by James D. Richardson + +Release Date: May 28, 2004 [EBook #12464] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK PAPERS OF THE PRESIDENTS: TYLER *** + + + + +Produced by Juliet Sutherland, David Garcia and the Online Distributed +Proofreading Team. + + + + + +A COMPILATION OF THE MESSAGES AND PAPERS OF THE PRESIDENTS + +BY JAMES D. RICHARDSON + + +John Tyler + +April 4, 1841, to March 4, 1845 + + + + +John Tyler + +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. + + * * * * * + + + + +INAUGURAL ADDRESS. + + +WASHINGTON, _April 9, 1841_. + +_To the People of the United States_. + +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." + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + +[For proclamation of President Tyler recommending, in consequence of the +death of President Harrison, a day of fasting and prayer, see p. 32.] + + + + +SPECIAL SESSION MESSAGE. + + +WASHINGTON, _June 1, 1841_. + +_To the Senate and House of Representatives of the United States_. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _veto_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + + +SPECIAL MESSAGES. + + +CITY OF WASHINGTON, _June 2, 1841_. + +_To the Senate and House of Representatives_: + +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." + +JOHN TYLER. + + +WASHINGTON, _June 17, 1841_. + +_To the Senate of the United States_ + +I transmit to the Senate the inclosed communication[1] from the +Secretary of State, in answer to a resolution of the Senate of the 12th +instant. + +JOHN TYLER. + +[Footnote 1: 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.] + + + +WASHINGTON, _June 17, 1841_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +DEPARTMENT OF STATE, _June 15, 1841_. + +The PRESIDENT. + +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. + +I have the honor to be, your obedient servant, + +DANIEL WEBSTER. + + + +CIRCULAR. + +DEPARTMENT OF STATE, _March 20, 1841_. + +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. + +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. + +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. + +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. + +I have the honor to be, sir, your obedient servant, + +DANIEL WEBSTER. + + + +WASHINGTON, D.C., _June 18, 1841_. + +_To the Senate of the United States_: + +I transmit to the Senate a report from the Secretary of the Navy, with +accompanying documents,[2] in answer to their resolution of the 12th +instant. + +JOHN TYLER. + +[Footnote 2: 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.] + + + +WASHINGTON, _June, 1841_. + +_To the Senate of the United States_: + +I have the honor to transmit to the Senate the accompanying letter[3] +from the Secretary of the Treasury, in pursuance of its resolution of the +8th instant. + +JOHN TYLER. + +[Footnote 3: Relating to allowances since March 4, 1841, of claims +arising under the invasion of East Florida in 1812.] + + + +WASHINGTON, _June 22, 1841_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON CITY, _June 16, 1841_. + +The PRESIDENT OF THE UNITED STATES. + +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. + +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. + +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. + +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. + +With high respect, we are, your friends and fellow-citizens, + +J. BURNET. + J.C. WRIGHT. + [AND 10 OTHERS.] + + + +WASHINGTON, _June 17, 1841_. + +J. BURNET, J.C. WRIGHT, AND OTHERS OF THE COMMITTEE. + +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. + +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. + +I tender to each of you, gentlemen, my cordial salutations. + +JOHN TYLER. + +[NOTE.--The remains of the late President of the United States were +removed from Washington to North Bend, Ohio, June 26, 1841.] + + + +WASHINGTON, _June 29, 1841_. + +_To the Senate of the United States_: + +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.[4] + +JOHN TYLER. + +[Footnote 4: Payment or assumption of State stocks by the General +Government.] + + + +WASHINGTON, _June 30, 1841_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _July 1, 1841_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + +[The same message was sent to the House of Representatives.] + + + +WASHINGTON, _June 13, 1841_. + +Mrs. ANNA HARRISON. + +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. + +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. + +JOHN TYLER. + + + +A RESOLUTION manifesting the sensibility of Congress upon the event +of the death of William Henry Harrison, late President of the United +States. + +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, + +_Resolved by the Senate and House of Representatives of the United +States of America in Congress assembled_, 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 _pro tempore_ 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. + +_Resolved_, 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. + + + +NORTH BEND, _June 24, 1841_. + +His Excellency JOHN TYLER, + +_President United States, Washington City, D.C._ + +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. + +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. + +ANNA HARRISON. + + + +WASHINGTON, _July 3, 1841_. + +_To the Senate of the United States_: + +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,[5] which contains all the +information called for by said resolution. + +JOHN TYLER. + +[Footnote 5: Relating to the duties levied on American tobacco imported +into the States composing the German Commercial and Custom-House Union.] + + + +WASHINGTON, _July 9, 1841_. + +_To the Senate of the United States_: + +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[6] under the +convention with the Mexican Republic. + +JOHN TYLER. + +[Footnote 6: Appointed under the convention of April 11, 1839, for +adjusting the claims of citizens of the United States upon the Republic +of Mexico.] + + + +WASHINGTON, _July, 14, 1841_. + +_To the Speaker and Members of the House of Representatives_: + +In compliance with a resolution of the House of Representatives of the +21st ultimo, I have the honor to submit the accompanying communication[7] +from the Secretary of State. + +JOHN TYLER. + +[Footnote 7: 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.] + + + +WASHINGTON, _July 16, 1841_. + +_To the House of Representatives_: + +I herewith transmit to the House of Representatives, in reply to their +resolution of the 21st ultimo, a report[8] from the Secretary of State, +with accompanying papers. + +JOHN TYLER. + +[Footnote 8: 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.] + + + +WASHINGTON, _July 19, 1841_. + +_To the Senate and House of Representatives of the United States_: + +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." + +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. + +JOHN TYLER. + + + +WASHINGTON, _July 27, 1841_. + +_To the Senate and House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _August 2, 1841_. + +_To the House of Representatives of the United States_: + +On the 18th of February, 1832, the House of Representatives adopted a +resolution in the following words: + +_Resolved_, 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. + +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. + +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. + +Mr. Greenough, having been employed upon the work for several years at +Florence, completed it some months ago. + +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 _Sea_ 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. + +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. + +JOHN TYLER. + + + +AUGUST 3, 1841. + +Hon. JOHN WHITE, + +_Speaker of the House of Representatives_. + +SIR: I herewith transmit a communication[9] received from the +Postmaster-General, to which I would invite the attention of Congress. + +JOHN TYLER. + +[Footnote 9: Asking for a further appropriation for completing the new +General Post-Office building.] + + + +AUGUST 3, 1841. + +_To the House of Representatives_: + +I herewith transmit a report from the Secretary of the Treasury, to whom +I referred the resolution of the House calling for a communication[10] +addressed to him by the French minister. + +JOHN TYLER. + +[Footnote 10: Relating to the commerce and navigation between France and +the United States.] + + + +WASHINGTON, _August 6, 1841_. + +_To the House of Representatives_: + +In compliance with a resolution of the House of Representatives of the +16th of July, 1841, I communicate reports[11] from the several Executive +Departments, containing the information requested by said resolution. + +JOHN TYLER. + +[Footnote 11: 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.] + + + +WASHINGTON, _August 25, 1841_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _August 27, 1841_. + +_To the House of Representatives of the United States_: + +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. + +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,[12] but which have been delayed for reasons stated in +the letter of the Secretary of the Treasury above referred to. + +JOHN TYLER. + +[Footnote 12: Not found. Evidently refers to message of August 6, 1841, +on preceding page.] + + + +WASHINGTON, D.C., _September 1, 1841_. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +DEPARTMENT OF WAR, _August 31, 1841_. + +The PRESIDENT OF THE UNITED STATES. + +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: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Very respectfully, your obedient servant, + +JNO. BELL. + + + +WASHINGTON, _September 6, 1841_. + +_To the Senate of the United States_: + +I have the honor, in compliance with the resolution of the Senate of the +8th June, to communicate a letter[13] from the Secretary of the Treasury +and the correspondence accompanying it. + +JOHN TYLER. + +[Footnote 13: Relating to the deposits of public moneys in banks by +disbursing officers and agents.] + + + +WASHINGTON, _September 13, 1841_. + +_To the Senate of the United States_: + +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[14] called for by said +resolution. + +JOHN TYLER. + +[Footnote 14: Relating to the origin, progress, and conclusion of the +treaty of November 26, 1838, between Sardinia and the United States.] + + + + +VETO MESSAGES. + + +WASHINGTON, _August 16, 1841_. + +_To the Senate of the United States_: + +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. + +The power of Congress to create a national bank to operate _per se_ +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. + +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. + +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. + +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. + +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: + + 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: _Provided_, 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: _And provided, nevertheless_, 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. + +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 _implied_ +and to have the force and sanction of an actually expressed assent, +"provided, 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 said State shall be thereafter presumed." The assent +or dissent is to be expressed _unconditionally at the first session of +the legislature, by some formal legislative act;_ and if not so +expressed its assent is to be _implied_, 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 _veto_ 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 _presumed_ 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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _September 9, 1841_. + +_To the House of Representatives of the United States_: + +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. + +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 _per se_ 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 _veto_ 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 _their_ will and the law which _they_ +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 _per se_ 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 +_public_ revenue by means of a _corporation_ to be styled the _Fiscal +Corporation_ of the _United States_." In style, then, it is plainly +national in its character. Its powers, functions, and duties are those +which pertain to the _collecting, keeping_, and _disbursing_ the +_public_ revenue. The means by which these are to be exerted is a +_corporation_ to be styled the _Fiscal_ 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 _fiscal_ purposes, meet the _fiscal_ wants and +exigencies, supply the _fiscal_ uses, and exert the _fiscal_ 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 _per se_ 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. + +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. + +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. + +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. + +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? + +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. + +JOHN TYLER. + + + + +PROCLAMATION. + + +[From Statutes at Large (Little, Brown & Co.), Vol. XI, p. 786.] + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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 + +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 + +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 + +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: + +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. + +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. + +[SEAL.] + +JOHN TYLER. + +By the President: + DANIEL WEBSTER, + _Secretary of State_. + + + + +EXECUTIVE ORDER. + + +GENERAL ORDERS. + + +WAR DEPARTMENT, + +ADJUTANT-GENERAL'S OFFICE, + +_Washington, July 5, 1841_. + +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. + +By command of the President of the United States: + +R. JONES, + _Adjutant-General_. + + + + +FIRST ANNUAL MESSAGE. + + +WASHINGTON, _December 7, 1841_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +Great Britain having made known to this Government that the expedition +which was fitted out from Canada for the destruction of the steamboat +_Caroline_ 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. + +If in Great Britain a power exists in the Crown to cause to be entered a +_nolle prosequi_, which is not the case with the Executive power of the +United States upon a prosecution pending in a State court, yet _there_ +no more than _here_ 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. + +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. + +I regret that it is not in my power to make known to you an equally +satisfactory conclusion in the case of the _Caroline_ 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 _Caroline_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 +_maximum_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _December 7, 1841_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 7, 1841_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 8, 1841_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 8, 1841_. + +_To the House of Representatives of the United States_: + +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." + +JOHN TYLER. + + + +WASHINGTON, _December 29, 1841_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate a report[15] from the Secretary of +State, in answer to their resolution of the 27th instant. + +JOHN TYLER. + +[Footnote 15: Stating that no proposition has been made by either the +United States or Great Britain relative to the mutual right of search.] + + + +WASHINGTON, _January 4, 1842_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _January 10, 1842_. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _January 17, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + +[The same message was sent to the House of Representatives.] + + + +WASHINGTON, _January 18, 1842_. + +_To the House of Representatives_: + +I transmit to the House of Representatives, in answer to the resolution +of the 14th instant, a report[16] from the Secretary of State and the +papers by which it was accompanied. + +JOHN TYLER. + +[Footnote 16: Relating to American citizens captured near Santa Fe, +Mexico, by the Mexican army.] + + + +WASHINGTON, _January 19, 1842_. + +_To the Senate of the United States_: + +I transmit to the Senate herewith a report[17] from the Secretary of +State, with accompanying papers, in answer to their resolution of the +11th instant. + +JOHN TYLER. + +[Footnote 17: 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 _Creole_.] + + + +JANUARY 27, 1842. + +_To the House of Representatives_: + +I transmit herewith a report[18] of the Secretary of War, in answer to +the resolution of the House of Representatives of the 9th August, 1841. + +JOHN TYLER. + +[Footnote 18: Relating to the origin of the Seminole war, slaves +captured during said war by United States troops, etc.] + + + +WASHINGTON, _February 5, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + +[The same message was sent to the House of Representatives.] + + + +NEW YORK, _January 4, 1842_. + +Hon. DANIEL WEBSTER, + +_Secretary of State_: + +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-- + +That in pursuance of the duties of their appointment they have in the +course of the late season performed the following surveys and +explorations: + +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. + +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. + +Upon this portion of the survey there have been chained, including +measured offsets to the old line and to other important points, 85 +miles. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The position of the finances of the commission may be seen by the +following statement: + + + Of the appropriation of $75,000 there have been drawn-- + + By J. Renwick $21,000 + By A. Talcott 24,200 + By J.D. Graham 25,000 + Total drawn 70,200 + + Leaving in the Treasury of the United States $4,800. + + 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-- + + For the division of J. Renwick $3,000 + For the division of A. Talcott 5,800 + For the division of J.D. Graham, including some + arrearages due for instruments and to assistant + engineers attached to this division 6,500 + + Making in all $15,300, and leaving to be provided + for the completion of the work of the late season $10,500. + + +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: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Of the latter, about one-half was undertaken by Major Graham's +division,[19] leaving for the estimated distance to be surveyed by the +divisions of A. Talcott and J. Renwick 450 miles. + +[Footnote 19: 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.] + +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. + +The actual cost, including the foregoing estimate for the completion of +the work, is $54,000. + +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. + +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. + +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. + +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. + +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. + +All which is respectfully submitted. + +JAS. RENWICK, + A. TALCOTT, + J.D. GRAHAM, + _Commissioners_. + + + +WASHINGTON, _January 25, 1842_. + +Hon. DANIEL WEBSTER, + +_Secretary of State_. + +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. + +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. + +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. + +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. + +Two or three miles in length of the line of highlands near the source of +the river Du Loup require to be reexamined. + +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. + +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. + +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-- + +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. + +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 _due north_, 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. + +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. + +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: + + + _Estimate for the meridian line_. + + 1. Pay of 4 assistant engineers from May 1, 1842, + to March 31, 1843, being 304 days, at $4 per day each $4,864.00 + + 2. Pay of 3 other assistant engineers from May 1, 1842, + to December 31, 1842, being 275 days, at $3 per day each 2,475.00 + + 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 5,490.00 + + 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 5,490.00 + + 5. Hire of 1 carpenter and 2 cooks 183 days, as above, + at $1.25 per day each 686.25 + + 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 5,496.50 + + 7. Purchase of barometers and repairs of instruments + heretofore used 800.00 + + 8. Salary of commissioner 3,000.00 + + 9. Contingencies, including Stationery, office rent, + and fuel, and transportation of engineers and + commissioner to and from the field 1,500.00 + + Total required for the meridian line 30,801.75 + + + 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 + +All which is respectfully submitted. + +JAS. RENWICK, + A. TALCOTT, + J.D. GRAHAM, + _Commissioners_. + + +RECAPITULATION. + + 1. Amount of estimate for completing the surveys yet + required to be made on the boundary, as above stated $55,801.75 + + 2. Amount of estimate rendered with report of January 4, + 1842, for completing maps of surveys already made, etc. 10,500.00 + + Aggregate amount required 66,301.75 + + + +WASHINGTON, _February 9, 1842_. + +_To the House of Representatives_: + +In answer to a resolution of the House of Representatives of the 7th of +February, 1842, in the following words-- + +_Resolved_, 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-- + +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." + +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." + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 11, 1842_. + +_To the Senate of the United States_: + +In compliance with the request of the governor of the Territory of Iowa, +I have the honor to submit the accompanying memorials[20] and joint +resolutions[20] of the council and house of representatives of that +Territory to your consideration. + +JOHN TYLER. + +[Footnote 20: 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.] + + + +WASHINGTON, _February 14, 1842_. + +_To the House of Representatives of the United States_: + +In compliance with a resolution of the House of Representatives of the +3d instant, I transmit herewith a report[21] from the Secretary of State, +with copies of the papers requested by the resolution. + +JOHN TYLER. + +[Footnote 21: 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.] + + + +WASHINGTON, _February 16, 1842_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + +WASHINGTON, _February 18, 1842_. + +_To the Senate and House of Representatives of the United States_: + +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.[22] + +JOHN TYLER. + +[Footnote 22: Relating to the mode of paying salaries, etc., of +ministers and other diplomatic agents of the United States at the +several Courts of Europe.] + + + +WASHINGTON, _February 19, 1842_. + +_To the House of Representatives_: + +In compliance with the resolution of the House of Representatives +of the 8th instant, I have the honor to submit the accompanying +communication[23] from the Secretary of State and the correspondence +on the subject referred to by the resolution of the House. + +JOHN TYLER. + +[Footnote 23: Relating to the colonial history of New York.] + + + +WASHINGTON, _February 21, 1842_. + +_To the Senate of the United States_: + +I transmit to the Senate herewith a report from the Secretary of State, +with an accompanying paper,[24] in answer to their resolution of the +18th instant. + +JOHN TYLER. + +[Footnote 24: Extract of a letter from the Department of State to the +United States minister at London relative to the case of the brig +_Creole_.] + + + +WASHINGTON, _February 26, 1842_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 28, 1842_. + +_To the House of Representatives_: + +I have the honor to submit copies of the correspondence[25] and other +documents called for by the resolution of the House of Representatives +of the 2d February. + +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. + +JOHN TYLER. + +[Footnote 25: 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.] + + + +WASHINGTON, _March 8, 1842_. + +_To the House of Representatives_: + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _March 8, 1842_. + +_To the Senate and House of Representatives_: + +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 +_Caroline_ 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. + +JOHN TYLER. + + + +WASHINGTON, _March 11, 1842_. + +_To the House of Representatives_: + +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[26] which contains the +information called for by said resolution. + +JOHN TYLER. + +[Footnote 26: Relating to complaints of Spain and Portugal that the +operation of the revenue act of September 11, 1841, infringed treaty +stipulations.] + + + +WASHINGTON, _March 12, 1842_. + +_To the Senate of the United States_: + +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. + +I therefore nominate Silas Reed to be surveyor-general of Illinois and +Missouri, in place of Joseph C. Brown, removed. + +JOHN TYLER. + + + +MARCH 15, 1842. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _March 17, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _March 17, 1842_. + +_To the Senate of the United States_: + +I have the honor to submit the accompanying report and documents[27] from +the Postmaster-General, in compliance with the resolution of the Senate +of the 16th February. + +JOHN TYLER. + +[Footnote 27: Statements of the quantity and cost of labor and materials +for the new public buildings in Washington, D.C., etc.] + + + +WASHINGTON, _March 23, 1842_. + +_To the House of Representatives of the United States_: + +A resolution adopted by the House of Representatives on the 16th +instant, in the following words, viz, "_Resolved_, 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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _March 25, 1842_. + +_To the Senate and House of Representatives of the United States_: + +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 _as facts_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +By the express provision of the act distributing the proceeds of the +sales of the public lands among the States its operation is _ipso facto_ +to cease so soon as the rate of the duties shall exceed the limits +prescribed in the act. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _March 25, 1842_. + +_To the Senate of the United States_: + +I have the honor herewith to submit a report[28] from the Secretary of +the Navy, in compliance with your resolution of the 18th February, 1842. + +JOHN TYLER. + +[Footnote 28: Transmitting list of agents, etc., employed by the Navy +Department without express authority of law, etc.] + + + +WASHINGTON, _March 30, 1842_. + +_To the House of Representatives of the United States_: + +I transmit to the House of Representatives two extracts from a note +of the charge 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. + +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. + +JOHN TYLER. + +[The same message was sent to the Senate.] + + + +WASHINGTON, _April 1, 1842_. + +_To the Senate_: + +In part compliance with a resolution of the Senate of the 20th of July, +1841, I transmit herewith a report[29] from the Department of War. + +JOHN TYLER. + +[Footnote 29: Transmitting list of removals from and appointments to +office in the Department of War from March 4, 1829, to September 30, +1841.] + + + +WASHINGTON, _April 1, 1842_. + +_To the House of Representatives of the United States_: + +In compliance with your resolution of the 21st of March, I have the +honor to submit the accompanying communication[30] from the Secretary +of the Navy. + +JOHN TYLER. + +[Footnote 30: Relating to appointments to office in the Navy and Marine +Corps since April 4, 1841.] + + + +WASHINGTON, _April 4, 1842_. + +_To the House of Representatives of the United States_. + +In part compliance with a resolution of the House of Representatives +of the 21st March, 1842, I herewith communicate a report[31] from the +Secretary of State. + +JOHN TYLER. + +[Footnote 31: Transmitting list of appointments by the President or +Secretary of State since April 4, 1841.] + + + +WASHINGTON, _April 7, 1842_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + +[The same message was sent to the Senate.] + + + +DEPARTMENT OF STATE, + +_Washington, March 31, 1842_. + +Hon. DANIEL WEBSTER, + +_Secretary of State_. + +SIR: By directions of the board of commissioners for exploring and +surveying the northeastern boundary, I have handed you the papers +hereinafter specified, viz: + +1. The report of the operations of the commission up to the present +date. + +2. A profile of the meridian line of the source of the St. Croix as far +as surveyed, intended to illustrate the report. + +3. A portfolio of drawings intended for the same purpose. + +4. A roll marked Appendix No. 1, containing the narrative of the field +operations of the division of Professor Renwick. + +5. A tin case containing the detail of the surveys of the division of +Professor Renwick. + +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. + +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. + +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. + +I have the honor to be, with much respect, your most obedient servant, + +JAS. RENWICK, + _Chairman_. + + + + +_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_. + +WASHINGTON, _March 28,1842_. + +Hon. DANIEL WEBSTER, + +_Secretary of State_. + +SIR: The duties assigned to the undersigned by the instructions of your +predecessor were twofold: + +First. To explore and survey the lines respectively claimed by the +Governments of the United States and Great Britain. + +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. + +I. + +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. + +The progress which has been made in the labors of the commissioners +enables them at this time to lay before you-- + +1. A description of the physical features of the disputed territory. + +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. + + +I.--DESCRIPTION OF THE DISPUTED TERRITORY. + +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 deg. W. In a direction N. 75 deg. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The sameness of this general character is broken only by a single chain +of hills.[32] 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. + +[Footnote 32: A chain is made up of mountains whose bases touch each +other.--BALBI.] + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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: + +"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." + +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. + +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. + +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. + +On the Wagansis portage the table-land is terminated by a ridge whose +summit is elevated 264 feet above the wagansis[33] 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. + +[Footnote 33: 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.] + +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. + +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. + +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. + +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. + +From the height to the east of river Du Loup a view may be seen on a +clear day extending round 137 deg. of the horizon, beginning with the +highlands of Bic, bearing N. 58 deg. E., and terminating in a conical +mountain bearing S. 15 deg. W. + +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. + +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. + +The boundary presents from these positions the aspect of a continuous +and deeply serrated ridge. + +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. + +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. + +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. + +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. + +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. + +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. + +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 Elie de +Beaumont, of mountains elevated by some internal force. + +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. + +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. + +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. + + + On the American line from the Metjarmette portage + to Lake Etchemm-- Feet + The maximum height is 1,718 + The minimum height is 1,218 + + +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. + + + On the line of Messrs. Featherstonhaugh and Mudge between + the Metjarmette portage and the Cocumgamoc Mountains-- Feet + The maximum elevation is 2,302 + The minimum elevation is 987 + + +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. + + + On the American line from Lake Etchemm to the river Ouelle-- Feet + The maximum height is 2,854 + The minimum height is 1,306 + + On the line of Messrs Featherstonhaugh and Mudge from the + Cocumgamoc Mountains to the head waters of the Aroostook-- + The maximum height is 1,268 + The minimum height is 880 + + +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. + + + On the third portion of the American line + + From the head of the Ouelle to the Temiscouata portage-- Feet + The maximum height is 2,231 + The minimum height is 853 + + From the point where the line first crosses the Temiscouata + portage to Mount Paradis-- + The maximum height is 1,983 + The minimum height is 906 + + From the Temiscouata portage to the head of the Abagusquash-- + The maximum height is 1,510 + The minimum height is 676 + + From Abagusquash to the Rimouski Lake-- + The maximum height is 1,824 + The minimum height is 651 + + From the Rimouski Lake to the northwest angle-- + The maximum height is 1,841 + The minimum height is 1,014 + + The greatest elevation of the whole of the third part of the + American line, therefore, is 2,231 + The minimum is 651 + + +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. + +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.[34] + +[Footnote 34: 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.] + +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. + +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. + +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. + +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. + +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.[35] + +[Footnote 35: Since the above was written Major Graham's map and the +computations of the barometric heights above alluded to have been +completed. + +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 deg. 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 deg. 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. + +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. + +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. + +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. + +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. + +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. + +MAY 1 1842.] + +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. + +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,[36] 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. + +[Footnote 36: The highlands of Neversink.] + +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,[37] 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. + +[Footnote 37: Captain Byfield.] + +To sum up the results of the field operations of the commissioners: + +(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.[38] +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. + +[Footnote 38: 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 _below_ 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.] + +(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. + +(3) The line claimed by Messrs. Featherstonhaugh and Mudge, on the part +of Great Britain, has been in a great measure explored. + +(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. + +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. + +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. + + +II.--EXAMINATION OF THE ARGUMENT CONTAINED IN THE REPORT OF MESSRS. +MUDGE AND FEATHERSTONHAUGH. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +To show the basis on which the title rests-- + +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 _granted_ 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. + +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. + +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. + +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,[39] 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. + +[Footnote 39: 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.] + +The boundaries of the United States are described in the treaty of 1783 +in the following words:[40] + +[Footnote 40: The words here appearing in italics are not italicized in +the original treaty.] + +"And that _all disputes which might arise in future on the subject +of the boundaries of the said United States may be prevented_ it is +hereby agreed and declared that the following are and shall be their +boundaries, viz: _From the northwest angle of Nova Scotia_, viz, _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_ to the _northwesternmost_ head +of Connecticut River; _thence_ 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 deg. 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 _by a line to be drawn along the middle of the +river St. Croix from its mouth in the Bay of Fundy to its source_ and +from its source _directly north_ to the aforesaid highlands which divide +the rivers that fall into the Atlantic Ocean from those which fall into +the river St. Lawrence; 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." + +So far as the present question is concerned, five points of discussion +are presented by this article of the treaty of 1783: + +I. What stream is to be understood by the name of the river St. Croix? + +II. The determination of the line due north from the source of that +river. + +III. What is the position of the northwest angle of Nova Scotia? + +IV. The delineation of the line passing through the highlands from that +angle to the northwest head of Connecticut River. + +V. What is to be considered as the northwestern head of Connecticut +River? + + +I.--RIVER ST. CROIX. + +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.[41] 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.[42] 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.[43] 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.[44] 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. + +[Footnote 41: See Note I, pp. 141,142.] + +[Footnote 42: See Note II, p. 142.] + +[Footnote 43: See Note III, pp. 142,143.] + +[Footnote 44: See Note IV, p. 143.] + +II.--DUE NORTH LINE FROM THE SOURCE OF THE ST. CROIX. + +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. + +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,[45] 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." + +[Footnote 45: See Note V, pp. 143-147.] + + +III.--NORTH WEST ANGLE OF NOVA SCOTIA. + +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. + +Before citing these instruments it will be proper to refer to the +circumstances under which the two first were issued. + +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.[46] 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[47] +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. + +[Footnote 46: 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.] + +[Footnote 47: See Note VI, p. 147.] + +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. + +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.[48] 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.[49] + +[Footnote 48: Haliburton's History, Vol. I, pp. 83-87.] + +[Footnote 49: Haliburton's History, Vol. I, pp. 244-289.] + +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. + +Admitting that England did convey a part or the whole of Sagadahock to +France under the vague name of Acadie or Nova Scotia,[50] 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. + +[Footnote 50: See Note VII, pp. 147, 148.] + +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. + +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." + +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. + +It is believed that this is the first instance in which the term +_narrow_ 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. + +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. + +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.[51] + +[Footnote 51: Report of Messrs. Featherstonhaugh and Mudge, p. 6.] + +To illustrate the subject further: + +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. + +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. + +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: + +First. That both banks of the St. Lawrence are included in Canada. + +Second. That with the exception of Miscou and Cape Breton, her grants +extended 10 leagues from the river. + +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. + +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. + +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. + +The bounds assigned to the new Province of Quebec to the south by the +proclamation of 7th October, 1763, are as follows: + +"The line, crossing the river St. Lawrence and the Lake Champlain in 45 deg. +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. + +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." + +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. + +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. + +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[52] 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 _own land_ 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,[53] 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.[54] 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. + +[Footnote 52: Hon. John Holmes, of Maine.] + +[Footnote 53: See Note VIII, p. 148.] + +[Footnote 54: Report of Messrs. Featherstonhaugh and Mudge, pp. 6, 23.] + +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. + +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. + +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. + +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. + + +IV.--HIGHLANDS OF THE TREATY OF 1783. + +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.[55] + +[Footnote 55: See Note IX, p. 148.] + +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.[56] +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. + +[Footnote 56: See Note X, pp. 148, 149.] + +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.[57] 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 _north_ 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. + +[Footnote 57: Report of Featherstonhaugh and Mudge, pp. 6, 23.] + +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. + +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.[58] 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 _and the St. John_ 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 +_and_ 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[59] 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. + +[Footnote 58: See Note XI, p. 149.] + +[Footnote 59: Hansard's Parliamentary Register for 1783.] + +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. + +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. + +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 +_south_ 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. + +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. + +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.[60] 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.[61] + +[Footnote 60: See Note XII, p. 149.] + +[Footnote 61: Prospectus of St. Andrews and Quebec Railroad, 1836; and +Survey of Captain Yule, 1835.] + +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." + +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: + +"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, _or_ 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." + +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. + +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. + +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. + +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. + + +V.--NORTHWEST HEAD OF CONNECTICUT RIVER. + + +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 +"_not been surveyed_" 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. + +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. + +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. + +It has therefore been shown in the foregoing statement-- + +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. + +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. + +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. + +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. + +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. + +All which is respectfully submitted. + +JAS. RENWICK + JAMES D. GRAHAM, + A. TALCOTT, + _Commissioners_. + + + +_Note I_. + +[Treaty of 1794, Article V.] + + +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: + +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. + + +_Note II_. + +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?" + + +DECLARATION. + +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 deg. 5' and 5" north, and in the longitude of 67 deg. 12' and 30" +west from the Royal Observatory at Greenwich, in Great Britain, and 3 deg. +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. + + +_Note III_. + +[Article V of the treaty of Ghent, 1814.] + +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. + + +_Note IV_. + +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. + +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. + + +_Note V_. + +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. + +The words of the grant to Sir William Alexander, as quoted by Messrs. +Featherstonhaugh and Mudge, are as follows, viz: + +"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 +Etcheminorum vulgo _Suriquois_ et _Etchemines_ 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." + +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: + +"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." + +The translation of Messrs. Mudge and Featherstonhaugh is as follows: + +"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." + +The only American translations which have ever been presented in +argument are as follows: + +[Translation of Messrs. Gallatin and Preble, who were employed to +prepare the statement laid before the King of the Netherlands.] + +"Beginning at Cape Sable, in 43 deg. 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." + +[Translation of Mr. Bradley, the American agent under the fifth article +of the treaty of Ghent.] + +"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 deg. 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." + +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. + +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. + +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. + +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. + +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. + +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, _rectum_, the usual expression for a mathematical straight line, +would have been used instead of _directam_. 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. + +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. + +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, _or_ 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. + +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. + +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. + + +_Note VI_. + +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. + + +_Note VII_. + +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. + +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 (_cum finibus antiquis_). 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.[62] 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.[63] + +[Footnote 62: Report of Featherstonhaugh and Mudge, p. 8.] + +[Footnote 63: 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.] + +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. + +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. + +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: + +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. + +Second. Because by its original definition in the grant to De Monts it +excludes the whole disputed territory on the one side; and + +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. + +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. + + +_Note VIII_. + +[Extract from the award of the King of the Netherlands.] + +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 +(_implique_) 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. + + +_Note IX_. + +[Article IV of the convention of 1827.] + +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. + +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. + + +_Note X_. + +[Extract from the award of the King of the Netherlands.] + +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. + + +_Note XI_. + +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. + + +_Note XII_. + +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: + +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. + +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). + +Third. That the territory of Acadie, or Nova Scotia, was, the same +territory granted to Sir William Alexander. + +Fourth. That the sea and Atlantic Ocean were used as convertible terms. + +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. + +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. + +Seventh. That the due north line from the source of the St. Croix must +of necessity cross the St. John. + + +It has since been maintained on the part of Great Britain: + +First. That the limits of Nova Scotia never did extend to the St. +Lawrence. + +Second. That the northwest angle of Nova Scotia was unknown in 1783. + +Third. That Acadie extended south to the forty-sixth degree of north +latitude, and was not the same with Nova Scotia. + +Fourth. That the sea and the Atlantic Ocean were different things. + +Fifth. That the claims and rights of Massachusetts did not extend to the +western bounds of the grant to Sir William Alexander. + +Sixth. That this being the case the cession of territory not included +within her limits is void. + +Seventh. That it could never have been intended that the meridian line +should cross the St. John. + + +_Note XIII_. + +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." + +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. + + + +WASHINGTON, _April 8, 1842_. + +_To the Senate of the United States_: + +In compliance with your resolution of the 31st March, 1842, I have the +honor to submit the accompanying document and report[64] from the +Commissioner of the General Land Office. + +JOHN TYLER. + +[Footnote 64: Relating to surveys and sales of the public lands during +1841 and 1842, etc.] + + + +WASHINGTON, _April 9, 1842_. + +_To the House of Representatives of the United States_: + +I transmit herewith to the House of Representatives a report from the +Secretary of State, with a copy of the correspondence[65] requested by +their resolution of the 7th instant. + +JOHN TYLER. + +[Footnote 65: With Great Britain relative to an international copyright +law.] + + + +WASHINGTON, _April 11, 1842_. + +_To the Senate of the United States_: + +I herewith transmit a memorial[66] 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. + +JOHN TYLER. + +[Footnote 66: Relating to an alleged violation by the United States of +the treaty of Dancing Rabbit Creek.] + + + +WASHINGTON, _April 12, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _April 13, 1842_. + +_To the Senate of the United States_: + +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[67] which contains the +information called for by that resolution. + +JOHN TYLER. + +[Footnote 67: Of the diplomatic agent and minister of the United States +at the Court of Austria relative to the commercial interests of the +United States.] + + + +WASHINGTON, _April 13, 1842_. + +_To the Senate of the United States_: + +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[68] which contains the information called +for by said resolution. + +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. + +JOHN TYLER. + +[Footnote 68: 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.] + + + +WASHINGTON, _April 18, 1842_. + +_To the Senate of the United States_: + +I have the honor to transmit herewith the report[69] of the Secretary +of State, in compliance with the resolution of the Senate of the 18th +February, 1842. + +JOHN TYLER. + +[Footnote 69: Transmitting names of agents employed by the State +Department without express provision of law.] + + + +WASHINGTON, _April 19, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _April 19, 1842_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _April 20, 1842_. + +_To the Senate and House of Representatives of the United States_: + +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 _Sabina_,[70] which is recommended to their favorable +consideration. + +JOHN TYLER. + +[Footnote 70: For compensation for rescuing and supporting the captain, +supercargo, and 17 officers and men of the American ship _Courier_, of +New York, which foundered at sea, and landing them safely at the Cape of +Good Hope.] + + + +WASHINGTON, _April 28, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _April 28, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _April 30, 1842_. + +_To the House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 2, 1842_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 10, 1842_. + +_To the Senate and House of Representatives_: + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 13, 1842_. + +_To the House of Representatives of the United States_: + +I transmit herewith a report[71] 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. + +JOHN TYLER. + +[Footnote 71: Transmitting lists of postmasters and others appointed by +the President and Post-Office Department from April 4, 1841, to March +21, 1842.] + + + +WASHINGTON, _May 16, 1842_. + +_To the Senate_: + +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. + +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. + +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. + +I therefore nominate to the Senate the persons whose names are contained +in the accompanying list[72] 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. + +JOHN TYLER. + +[Footnote 72: Omitted.] + + + +WASHINGTON, _May 24, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 1, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 10, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 13, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 15, 1842_. + +_To the Senate of the United States_: + +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.[73] + +JOHN TYLER. + +[Footnote 73: Correspondence respecting certain citizens of the United +States captured with the Texan expedition to Santa Fe, and held in +confinement in Mexico.] + + + +WASHINGTON, _June 17, 1842_. + +_To the House of Representatives_: + +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[74] 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. + +JOHN TYLER. + +[Footnote 74: Of expenses of the commission to investigate the New York +custom-house, etc.] + + + +WASHINGTON, _June 20, 1842_. + +_To the House of Representatives_: + +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." + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 22, 1842_. + +_To the Senate of the United States_: + +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[75] called for by said +resolution. + +JOHN TYLER. + +[Footnote 75: Relating to the conduct and character of William B. +Hodgson (nominated to be consul at Tunis) while dragoman at +Constantinople.] + + + +WASHINGTON, _June 24, 1842_. + +_To the Senate of the United States_: + +I transmit herewith to the Senate the translation of a letter[76] +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. + +JOHN TYLER. + +[Footnote 76: Relating to the establishment of a line of steamers +between Havre and New York.] + +[The same message was sent to the House of Representatives.] + + + +WASHINGTON, _June 24, 1842_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 16th of February +last, I herewith transmit a letter[77] from the Secretary of State and +the papers in that Department called for by the resolution aforesaid. + +JOHN TYLER. + +[Footnote 77: Transmitting names and compensation of employees and +witnesses in connection with the commission of inquiry relative to +the public buildings in Washington, D.C.] + + + +WASHINGTON, _June 25, 1842_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + +[Transmitted to the House of Representatives by the Secretary of State +in compliance with a resolution of that body.] + + + +WASHINGTON, _June 25,1842_. + +A BILL entitled "An act for an apportionment of Representatives among +the several States according to the Sixth Census," approved June 25, 1842. + +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 _clear and decided +opinion of my own_ respecting the constitutionality or policy of the +entire act as from respect to the declared will of the two Houses of +Congress. + +In yielding _my doubts_ 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. + +When I was a member of either House of Congress I acted under the +conviction that _to doubt_ 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 _a doubtful opinion_ of the Chief +Magistrate ought to outweigh the solemnly pronounced opinion of the +representatives of the people and of the States. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _July 1, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _July 2, 1842_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _July 9, 1842_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _July 14, 1842_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _July 14, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _July 20, 1842_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _July 22, 1842_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _August 8, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _August 10, 1842_. + +_To the Senate of the United States_: + +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.[78] + +JOHN TYLER. + +[Footnote 78: Relating to the macadamizing of Pennsylvania Avenue, +Washington D.C.] + + + +WASHINGTON, _August 11, 1842_. + +_To the Senate of the United States_: + +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. + +These results comprise-- + +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. + +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. + +Third. A correspondence upon the subject of the attack and destruction +of the steamboat _Caroline_. + +Fourth. A correspondence on the subject of impressment. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +From the northwest angle of the Lake of the Woods, which is found to be +in latitude 45 deg. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 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. + +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. + +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. + +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. + +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. + +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. + +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. + +The destruction of the steamboat _Caroline_ 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. + +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. + +JOHN TYLER. + + + +[The following are inserted because they pertain to the treaty +transmitted with the message of President Tyler immediately preceding.] + + +DEPARTMENT OF STATE, + +_Washington, August 3, 1848_. + +_To the Senate of the United States_: + +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 +_joint report_ 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. + +JAMES BUCHANAN. + + + +_Mr. Smith to Mr. Buchanan_. + +WASHINGTON, _April 20, 1848_. + +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. + +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. + +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. + +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. + +The field books of the engineers were, fortunately, not in Major +Graham's office, and are preserved. + +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. + +I have the honor to be, with great respect, your obedient and humble +servant, + +ALBERT SMITH. + + + +_Report of the joint commission of boundary appointed under the treaty +of Washington of August 9, 1842_. + +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. + +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. + +Accordingly, they did meet at that place, and began their operations. + +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: + +"North line," from the source of the St. Croix to the intersection of +the St. John. + +"River St. John," from the intersection of the north line to the mouth +of the St. Francis. + +"River St. Francis," from its mouth to the outlet of Lake Pohenagamook. + +"Southwest line," from the outlet of Lake Pohenagamook to the Northwest +Branch of the St. John. + +"South line," from the Northwest Branch to the parallel of latitude 46 deg. +25' on the Southwest Branch. + +"Southwest Branch," from the parallel 46 deg. 25' to its source. + +"Highlands," from the source of the Southwest Branch of the St. John to +the source of Halls Stream. + +"Halls Stream," from its source to the intersection of the line of +Valentine and Collins. + +"West line," from Halls Stream to the St. Lawrence near St. Regis, along +the line of Valentine and Collins. + +To return to the narration of operations: + +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. + +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. + +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. + +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. + +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. + +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. + +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: + + + No. 1. Ryan's Island................................ United States. + No. 2. King's Island................................ United States. + No. 3. Les Trois Isles.............................. United States. + No. 4. La Septieme Isle............................. United States. + No. 5. Quissibis.................................... Great Britain. + No. 6. La Grand Isle................................ United States. + No. 7. Thibideau's Islands.......................... United States. + No. 8. Madawaska Islands............................ Great Britain. + No. 9. Joseph Michaud's three islands............... United States. + No. 10. Pine Island.................................. Great Britain. + No. 11. Baker's } + Turtle } + Dagle's } islands ........................... Great Britain. + Fourth } + Fifth } + No. 12. Kennedy's Island............................. Great Britain. + No. 13. Crock's } + Cranberry } islands......................... Great Britain. + Gooseberry } + No. 14. Savage's Island.............................. United States. + No. 15. Wheelock's Island............................ United States. + No. 16. Caton's Island............................... United States. + No. 17. Honeywell's Island........................... United States. + No. 18. Savage and Johnson's Island.................. United States. + No. 19. Grew's Island................................ United States. + No. 20. Kendall's Island............................. Great Britain. + + +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. + +Monuments were erected upon the islands, marking them for Great Britain +or the United States, as the case may have been. + +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. + +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. + +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. + +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. + +As soon as the parallel of latitude 46 deg. 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 deg. 25'. The line so drawn +crosses the Southwest Branch once before it reaches the parallel of +latitude 46 deg. 25', and at about half a mile distance from that parallel. +There also a large monument has been set up on the left bank. + +From the intersection of the parallel 46 deg. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The line of Valentine and Collins was explored and found by the blazes +still remaining in the original forest. + +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. + +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. + +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. + +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: + + + + Capt: Robinson. + Ast: Station + 422 feet north. + _Meridian_ _Line._ + -----------------------------()-------------------------------- + + Boundary Line + 595 feet south + August, 1845. + + _British Boundary Commission_ + + +A mark was cut upon the stone, as indicated by the dot upon the meridian +line above, from which these measurements were made. + +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. + +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. + +The stations are: Lake Memphremagog, Richford, John McCoy's, Trout River. + +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 deg. 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 deg.. 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. + +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. + +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. + +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: + +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 deg. 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. + +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. + +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. + +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. + +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. + +Latitude was also obtained at an astronomical station established for +the purpose at the head of the Connecticut. + +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. + +In the appendix will be found, in a tabular form, the following: + +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. + +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. + +On the maps of the British commission representing the "west line" the +name of the town of "_Derby_" 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. + +The above two corrections the British commissioner is authorized to make +on his maps after his return to England. + +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. + +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. + +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. + +Signed and sealed in duplicate, at the city of Washington, this 28th day +of June, A.D. 1847. + +J.B. BUCKNALL ESTCOURT, [SEAL.] + _Lieutenant-Colonel, Her Britannic Majesty's Commissioner_. + +ALBERT SMITH, [SEAL.] + _United States Commissioner_. + +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. + +J. B. BUCKNALL ESTCOURT, + _Lieutenant-Colonel, H.B.M. Commissioner of Boundary_. + +ALBERT SMITH, + _United States Commissioner_. + + + +WASHINGTON, _August 18, 1842_. + +_To the Senate of the United States_: + +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 charge d'affaires of that Republic. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _August 23, 1842_. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _August 24, 1842_. + +_To the Senate of the United States_: + +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. + +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. + +I therefore nominate John H. Clack to be a captain in the Navy of the +United States. + +JOHN TYLER. + + + +WASHINGTON, _August 25, 1842_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + + +VETO MESSAGES. + + +WASHINGTON, _June 29, 1842_. + +_To the House of Representatives of the United States_: + +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: + +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. + +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. + +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. + +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 _in three years_, 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. + +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 _proviso_ 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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _August 9, 1842_. + +_To the House of Representatives of the United States_: + +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. + +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 +_ad valorem_ 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: + + + 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 _the public lands_ to be disposed of as + Congress shall see fit. + + +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. + +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. + +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. + +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: + +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. + +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. + +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: + + + On the 5th of August (Friday last) there was + in the Treasury, in round numbers $2,150,000 + + Necessary to be retained to meet trust funds $360,000 + Interest on public debt due in October 80,000 + To redeem Treasury notes and pay the interest 100,000 + Land distribution under the act of the 4th of + September, 1841 640,000 + ________ 1,180,000 + __________ + Leaving an available amount of 970,000 + + +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. + +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. + +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. + +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. + +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. + +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? + +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? + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + + +PROTEST.[79] + +[Footnote 79: The House of Representatives ordered that it be not +entered on the Journal.] + + +WASHINGTON, _August 30, 1842_. + +_To the House of Representatives_: + +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; _if he approve_, he _shall_ sign it; but if _not_, he _shall_ +return it with his objections to that House in which it shall have +originated, who shall enter the objections at large upon the Journal +and proceed to reconsider it." + +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. + +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. + +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. + +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. + +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. + +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. + +I protest against this whole proceeding of the House of Representatives +as _ex parte_ 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. + +JOHN TYLER. + + + + +SECOND ANNUAL MESSAGE. + + +WASHINGTON, _December 6, 1842_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +By the tenth article of the treaty of Ghent it was expressly declared +that-- + + + 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. + + +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. Guizot, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Provision has been made by the Government of Chile for the payment of +the claim on account of the illegal detention of the brig _Warrior_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _mania_ 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. + +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 _maximum_ +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 _bona fide_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + + +SPECIAL MESSAGES + + +WASHINGTON CITY, _December 13, 1842_. + +_To the Senate of the United States_: + +I hereby communicate to the Senate a letter from the Secretary of the +Navy, with accompanying documents.[80] + +JOHN TYLER. + +[Footnote 80: 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.] + +[The same message was sent to the House of Representatives.] + + + +WASHINGTON, _December 14, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 14, 1842_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 23, 1842_. + +_To the Senate of the United States_: + +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." + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 23, 1842_. + +_To the Senate of the United States_: + +I herewith communicate to the Senate a report[81] from the Secretary +of State, in answer to a resolution of the Senate adopted on the 22d +instant. + +JOHN TYLER. + +[Footnote 81: 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.] + + + +WASHINGTON, _December 29, 1842_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate a report[82] from the Secretary of +State, with accompanying papers, in answer to their resolution of the +27th instant. + +JOHN TYLER. + +[Footnote 82: 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 _Hermosa_ and liberated +by the authorities at Nassau, New Providence.] + + + +WASHINGTON, _December 30, 1842_. + +_To the Senate of the United States_: + +In reply to the resolution of the Senate of the 14th December, I +transmit herewith the accompanying letter[83] from the Secretary of the +Navy and the statement thereto appended from the Bureau of Equipment and +Construction. + +JOHN TYLER. + +[Footnote 83: 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.] + + + +WASHINGTON, _December 30, 1842_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 31, 1842_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _January 9, 1843_. + +_To the Senate of the United States_: + +I have received a resolution of the Senate of the 27th of December, in +the following terms: + + + _Resolved_, 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 "_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. Also to inform the Senate 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 did not "_remove the pretext and motive for violating our flag and + executing our laws_" 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. + + +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. + +The next request expressed in the resolution is in these words: + + + 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. + + +The words quoted in this part of the resolution appear to be taken from +my message above mentioned. In that communication I said: + + + 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. + + 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. + + 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. + + +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. + +The third inquiry is: + + + 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." + + +I have already quoted from the message the entire paragraph to a part of +which this portion of the inquiry is supposed to refer. + +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. + +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. + +Among the occurrences to which I have alluded, it may be useful to +particularize one case. + +The schooner _Catharine_, an American vessel owned by citizens of the +United States, was seized on the coast of Africa by the British cruiser +called the _Dolphin_ 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. + +It is true that in another case, that of the _Tigris_, 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." + +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? + +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. + +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: + + + 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. + + +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-- + + + That the President be requested to communicate to the Senate all the + correspondence with our ministers abroad relating to the foregoing + points of inquiry. + + +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. + +The fifth and last is-- + + + 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. + + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _January 18, 1843_. + +_To the House of Representatives_: + +In compliance with the resolution of the House of Representatives of the +27th ultimo, I now transmit the letter and pamphlet[84] which accompanies +this. + +JOHN TYLER. + +[Footnote 84: Entitled "Acts and Resolutions of the Legislative Council +of the Territory of Florida," passed at its twentieth session, January +3 to March 5, 1842.] + + + +WASHINGTON, _January 23, 1843_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate, in answer to their resolution of the +19th instant, reports[85] from the State and War Departments. + +JOHN TYLER. + +[Footnote 85: Relating to a grant of land in Oregon Territory to the +Hudsons Bay Company by the British Government.] + + + +WASHINGTON, _January 23, 1843_. + +_To the Senate of the United States_: + +I transmit to the Senate herewith, in answer to their resolution of the +5th instant, a report[86] from the Secretary of State, with accompanying +documents. + +JOHN TYLER. + +[Footnote 86: Transmitting correspondence with Great Britain relative to +the destruction of the steamboat _Caroline_ at Schlosser, N.Y., December +29, 1837.] + + + +WASHINGTON, _January 31, 1843_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _January 31, 1843_. + +_To the House of Representatives_: + +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." + +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. + +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 _ex +parte_ 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. + +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. + +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. + +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 +_merely_ 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? + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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." + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 8, 1843_. + +_To the House of Representatives of the United States_: + +I herewith transmit to the House of Representatives, in answer to their +resolution of the 28th ultimo, a report[87] from the Secretary of State. + +JOHN TYLER. + +[Footnote 87: 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.] + + + +WASHINGTON, _February 9, 1843_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 13, 1843_. + +_To the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 18, 1843_. + +_To the House of Representatives of the United States_: + +A resolution has been communicated to me, which was adopted by the House +of Representatives on the 2d instant, in the following terms: + + + _Resolved_, 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. + + _Resolved_, 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. + + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 20, 1843_. + +_To the House of Representatives_: + +I transmit to the House of Representatives a report from the Secretary +of State, accompanied by a copy of the correspondence[88] requested by +their resolution of the 29th of December last. + +JOHN TYLER. + +[Footnote 88: Between the consul-general of the United States at Tangier +and the Government of Morocco.] + + + +WASHINGTON, _February 20, 1843_. + +_To the Senate of the United States_: + +I transmit to the Senate a report[89] from the Secretary of State, in +answer to their resolution of the 14th instant. + +JOHN TYLER. + +[Footnote 89: 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.] + + + +WASHINGTON, _February 24, 1843_. + +_To the Senate of the United States_: + +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[90] from +the Department of State, with an accompanying list. + +JOHN TYLER. + +[Footnote 90: 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.] + + + +WASHINGTON, _February 27, 1843_. + +_To the House of Representatives_: + +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. + +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. + +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. + +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. + +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 +_search_, 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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 27, 1843_. + +_To the House of Representatives_: + +I transmit to Congress sundry letters which have passed between the +Department of State and the Chevalier d'Argaiz, envoy extraordinary and +minister plenipotentiary of Spain near the Government of the United +States, on the subject of the schooner _Amistad_ 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. + +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. + +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 _Amistad_, 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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 28, 1843_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 28, 1843_. + +_To the House of Representatives_: + +I communicate to the House of Representatives a report from the +Secretary of State, which, with the documents[91] accompanying it, +furnishes the information requested by their resolution of the 18th +instant. + +JOHN TYLER. + +[Footnote 91: 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.] + + + +WASHINGTON, _March 3, 1843_. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +MARCH 3, 1843. + +_To the Senate of the United States_: + +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. + +I nominate Caleb Gushing to be Secretary of the Treasury, in the place +of Walter Forward, resigned. + +JOHN TYLER. + + + +WASHINGTON, _March 3, 1843_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +_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_.[92] + +[Footnote 92: 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.] + + +WASHINGTON, _January 27, 1843_. + +Hon. DANIEL WEBSTER, + +_Secretary of State_. + +SIR: The operations of the divisions under the direction of the several +commissioners during the past season have been as follows, viz: + +I. + +The work remaining to be performed by the division under the direction +of the chairman of the board was as follows: + +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. + +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. + +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. + +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. + +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. + +The surplus stores, with the boats and camp equipage, were stored there, +and were afterwards transferred to the parties of the two other +commissioners. + +A map of the operations of this division was placed on file in the State +Department on the 27th December. + +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. + +II. + +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. + +During that period the following rivers and streams were surveyed: + +1. The "main St. John River" from the mouth of the "Alleguash" to the +Forks. + +2. The "Southwest Branch" to its source at the Metjarmette portage. + +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. + +4. The "West Branch," or "Mat-ta-wa-quam," to its source in the highlands. + +5. The "Northwest Branch" to its source in the highlands. + +6. The "Big Black River," or "Chim-pas-a-ooc-ten," to its source. + +7. The "Little Black River," or "Pas-a-ooc-ten." + +8. The "Chim-mem-ti-cook River" as far as navigable. + +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. + +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. + +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. + +Meridian observations of the sun were also made at a point intermediate +to the camps whenever they could be obtained. + +Thirty-three of these points have been used in the correction of the +paced and estimated distances. + +Tables exhibiting these observations, their calculation and results, +will accompany the detailed maps. + +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 deg. +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. + +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. + +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. + +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. + +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. + +These explorations and surveys embrace-- + +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. + +2. The highlands as claimed by Great Britain from the Metjarmette +portage to the source of the Aroostook River. + +3. All the principal heads or branches of the Connecticut River north of +the forty-fifth degree of latitude. + +4. The St. John and all its principal branches or tributaries west of +the Alleguash River. + +III. + +The division under the direction of Major Graham has been employed +during the past season in making the following surveys, viz: + +1. In prolonging the meridian of the monument at the source of the river +St. Croix. + +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. + +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. + +4. A survey of the portion of Fish River included between the outlet of +Lake Winthrop and the river St. John. + +5. A survey of the river St. John between the Grand Falls and the mouth +of the Alleguash. + +6. A survey of the Alleguash from its mouth to its source. + +7. A survey of the river St. Francis from its mouth to the outlet of +Lake St. Francis. + +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. + +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. + +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. + +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. + +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 debouche 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The south shore of Lake Pohenagamook forms an angle of about 100 deg. 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. + +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. + +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. + +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. + +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 deg. 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. + +The distance surveyed along the new line of boundary by this division +the past season is-- + + + Miles. + 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 71-1/2 + + 2. Along the river St. Francis from its mouth to the + outlet of Lake Pohenagamook 49-3/4 + + Total 121-1/4 + + +IV. + +A map marked L squared, 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. + +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. + +All which is respectfully submitted. + +JAS. RENWICK, + A. TALCOTT, + JAMES D. GRAHAM, + _Commissioners_. + + + +APPENDIX No. 1. + +OPERATIONS OF THE DIVISION UNDER THE DIRECTION OF JAMES RENWICK, LL.D., +CHAIRMAN OF THE BOARD. + +I.--_Operations during the year 1841_. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _homme du nord_, 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. + +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. + +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. + +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 "_the northern shore +of the Bay of Chaleurs at its western extremity_," 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. + +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. + +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. + +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. + +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. + +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. + +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. + +On this expedition two out of three barometers were broken, and an +assistant was therefore sent to seek a fresh supply from the stores. + +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 deg. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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: + +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. + +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 deg. 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +II.--_Operations of the year 1842_. + +1. Of the task originally assigned in the instructions for this division +there remained to be completed-- + +(1) A portion of the boundary claimed by the United States around the +head waters of the river Rimouski. + +(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. + +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: + +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. + +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. + +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 ----. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The whole number of altitudes of sun and stars taken during the +expedition for time and latitude was 806. + +III. + +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. + +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. + +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. + +Mr. Lally reports that-- + +"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." + +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. + +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. + +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. + +6. As to the valley of Green River, the engineer who has already been +quoted reports as follows: + +"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." + +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 deg., and was once +above 90 deg., 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. + + + + +VETO MESSAGE.[93] + +[Footnote 93: Pocket veto.] + + +WASHINGTON, _December 14, 1842_. + +_To the House of Representatives_: + +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. + +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." + +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. + +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. + +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. + +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." + +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. + +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. + +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 +_de novo_, 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. + +JOHN TYLER. + + + + +THIRD ANNUAL MESSAGE. + + +WASHINGTON, _December, 1843_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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 deg. and 54 deg. 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. + +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 _William +and Francis_ full satisfaction will be allowed. In the cases of the +_Tygris_ and _Seamew_ the British Government admits that satisfaction +is due. In the case of the _Jones_ 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 +_Douglas_ 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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 _By Chance_, which had been pending for many +years. The claim for the brig _Morris_, 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. + +I have much pleasure in saying that the Government of Brazil has +adjusted the claim upon that Government in the case of the schooner +_John S. Bryan_, 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. + +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 _Macedonian_. The first installment has been +received by the claimants in the United States. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +It gives me great pain to announce to you the loss of the steamship +the _Missouri_ 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. + +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 _Malabar_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + + +SPECIAL MESSAGES. + + +CITY OF WASHINGTON, _December 8, 1843_. + +_To the House of Representatives of the United States_: + +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." + +JOHN TYLER. + + + +WASHINGTON, _December 12, 1843_. + +_To the Senate of the United States_: + +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 _ad interim_ from the French +Government to the United States. + +JOHN TYLER. + + + +WASHINGTON, _December 16, 1843_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +[From Miscellaneous Letters, Department of State.] + + +SAMUEL T. WASHINGTON, Esq. + +WASHINGTON, _April 27_. + +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. + +These precious relics have been accepted in the name of the nation, and +have been deposited among its archives. + +I avail myself of the opportunity afforded in the performance of this +pleasing task to tender you assurances of my high respect and esteem. + +JOHN TYLER. + + + +[From Pocketed Laws, Department of State.] + +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. + +_Resolved unanimously by the Senate and House of Representatives of the +United States of America in Congress assembled_, 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. + +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. + +JOHN WHITE, + _Speaker of the House of Representatives_. + +WILLIE P. MANGUM, + _President of the Senate pro tempore_. + + + +WASHINGTON, _December 26, 1843_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, D.C., _December 27, 1843_. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _January 8, 1844_. + +_To the Senate of the United States_: + +I herewith transmit a report[94] made by the Secretary of the Navy in +pursuance of the provisions of the act of the 3d March, 1843. + +JOHN TYLER. + +[Footnote 94: Transmitting abstracts of proposals made to the Navy +Department and its several bureaus.] + + + +WASHINGTON, _January 10, 1844_. + +_To the House of Representatives_: + +I transmit the accompanying letter[95] 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. + +JOHN TYLER. + +[Footnote 95: 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.] + + + +WASHINGTON, _January 16, 1844_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON CITY, _January 17, 1844_. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, D.C., _January 19, 1844_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _January 24, 1844_. + +_To the House of Representatives_: + +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 Argaiz, on the subject of the schooner +_Amistad_. + +JOHN TYLER. + + + +WASHINGTON, _January 26, 1844_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _January 30, 1844_. + +_To the Senate of the United States_: + +I transmit a report[96] of the War Department, prepared under a +resolution of the Senate of the 4th instant. + +JOHN TYLER. + +[Footnote 96: Relating to the proceedings and conduct of the Choctaw +commission, sitting in the State of Mississippi, under the Dancing +Rabbit Creek treaty.] + + + +WASHINGTON, _February 6, 1844_. + +_To the House of Representatives_: + +In compliance with the resolution of the House of Representatives of the +22d January, I herewith transmit a letter[97] from the Secretary of the +Navy, containing all the information in the possession of that +Department on the subject to which the resolution refers. + +JOHN TYLER. + +[Footnote 97: Relating to appointments of masters' mates and the +postponement of the sailing of the frigate _Raritan_.] + + + +WASHINGTON, _February 7, 1844_. + +_To the Senate of the United States_: + +I transmit to the Senate of the United States, in answer to their +resolution of the 9th of January last, a report[98] from the Secretary +of State and a report[99] from the Secretary of War. + +JOHN TYLER. + +[Footnote 98: Stating that there has been no correspondence with the +British Government relative to presents, etc., by that Government to +Indians in the United States.] + +[Footnote 99: Transmitting a letter from the Commissioner of Indian +Affairs relative to presents, etc., to Indians in the United States by +the British Government.] + + + +WASHINGTON, _February 9, 1844_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 31st January, I +herewith transmit the accompanying letter[100] from the Secretary of the +Navy. + +JOHN TYLER. + +[Footnote 100: Relating to a proposed extension of the duties of the +Home Squadron.] + + + +WASHINGTON, _February 12, 1844_. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 12, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 12, 1844_. + +_To the Senate of the United States_: + +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 +_Princeton_, which has been constructed under his supervision and +direction, and recommend the same to the attentive consideration of +Congress. + +JOHN TYLER. + + + +FEBRUARY 15, 1844. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, D.C., _February 15, 1844_. + +_To the Senate and House of Representatives of the United States_: + +In compliance with the request contained in the accompanying letter from +the governor of the State of Kentucky, I herewith transmit certain +resolutions[101] adopted by the legislature of that State, in relation +to a digest of the decisions of the Supreme Court of the United States. + +JOHN TYLER. + +[Footnote 101: Asking the publication and distribution of a digest of +the decisions of the Supreme Court of the United States.] + + + +WASHINGTON, _February 20, 1844_. + +_To the House of Representatives of the United States_: + +I transmit herewith a report[102] from the Secretary of War, containing +the information requested in the resolution of the House of +Representatives of the 29th ultimo. + +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. + +JOHN TYLER. + +[Footnote 102: Relating to the settlement of the accounts of +Major-General Gaines, etc.] + + + +WASHINGTON, _February 20, 1844_. + +_To the Senate of the United States_: + +I transmit to the Senate a report[103] from the Secretary of State, with +accompanying documents, in answer to their resolution of the 31st of +January last. + +JOHN TYLER. + +[Footnote 103: 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.] + + + +WASHINGTON, _February 21, 1844_. + +_To the House of Representatives of the United States_: + +I herewith transmit to the House of Representatives, in answer to their +resolution of the 16th instant, a report[104] from the Secretary of +State, with the correspondence therein referred to. + +JOHN TYLER. + +[Footnote 104: 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.] + + + +WASHINGTON, _February 23, 1844_. + +_To the House of Representatives_: + +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. + +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. + +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 +_Princeton_, 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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 29, 1844_. + +_To the Senate and House of Representatives of the United States_: + +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. + +This most lamentable occurrence transpired on board the United States +ship of war the _Princeton_ 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. + +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. + +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. + +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 _Princeton_, 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 _Princeton_ +or from the merits of her brave and distinguished commander and +projector. + +JOHN TYLER. + + + +WASHINGTON, _March 7, 1844_. + +_To the House of Representatives of the United States_: + +I transmit to the House of Representatives a report[105] from the Secretary +of State, with documents, containing the information requested by +their resolution of the 26th ultimo. + +JOHN TYLER. + +[Footnote 105: Relating to the colony of Liberia, in Africa.] + + + +WASHINGTON, _March 8, 1844_. + +_To the House of Representatives_: + +In compliance with a resolution of the House of Representatives of the +10th of January last, I communicate to that body a report[106] from the +Secretary of State _ad interim_, which embraces the information called +for by said resolution. + +JOHN TYLER. + +[Footnote 106: Relating to the production, growth, and trade in tobacco.] + + + +WASHINGTON, _March 8, 1844_. + +_To the Senate of the United States_: + +I communicate to the Senate a report,[107] with the documents +accompanying it, from the Secretary of State, in answer to a resolution +of that body of the 25th of January, 1844. + +JOHN TYLER. + +[Footnote 107: Transmitting names, returns, etc., of consuls and +commercial agents of the United States.] + + + +WASHINGTON, _March 9, 1844_. + +_To the Senate of the United States_: + +I transmit to the Senate, in answer to their resolution of the 21st +ultimo, a report[108] from the Secretary of State, with accompanying +papers. + +JOHN TYLER. + +[Footnote 108: 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.] + + + +WASHINGTON, _March 11, 1844_. + +_To the House of Representatives_: + +In compliance with your resolution of the 26th ultimo, I herewith +transmit a report[109] from the Secretary of the Navy. + +JOHN TYLER. + +[Footnote 109: Transmitting list of officers appointed in the Navy +since June 1, 1843.] + + + +WASHINGTON, _March 12, 1844_. + +_To the House of Representatives_: + +I transmit herewith a report[110] of the Secretary of War, prepared in +compliance with a resolution of the House of Representatives of the 26th +ultimo. + +JOHN TYLER. + +[Footnote 110: Transmitting list of officers appointed in the Army +since June 1, 1843.] + + + +WASHINGTON, D.C., _March 18, 1844_. + +_To the House of Representatives_: + +I transmit herewith a report[111] from the Secretary of State, in answer +to the resolution of the House of Representatives of the 18th of January +last. + +JOHN TYLER. + +[Footnote 111: 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.] + + + +WASHINGTON, _March 19, 1844_. + +_To the Senate of the United States_: + +I transmit herewith a letter[112] from the Secretary of State and +certain documents accompanying the same, in answer to the resolution +of the Senate of the 8th instant. + +JOHN TYLER. + +[Footnote 112: 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.] + + + +WASHINGTON, _March 20, 1844_. + +_To the Senate of the United States_: + +I transmit to the Senate a report from the Secretary of State, with +documents, containing the information[113] requested by their resolution +of the 23d ultimo. + +JOHN TYLER. + +[Footnote 113: Relating to the interpretation of the tenth article +of the treaty of August 9, 1842, between the United States and Great +Britain.] + + + +WASHINGTON, _March 20, 1844_. + +_To the House of Representatives_: + +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. + +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. + +JOHN TYLER. + +[The same message was sent to the Senate.] + + + +WASHINGTON CITY, _March 26, 1844_. + +_To the Senate of the United States_: + +I transmit herewith copies of the report and papers[114] referred to in +a resolution of the Senate of the 20th of February last. + +JOHN TYLER. + +[Footnote 114: Relating to the survey of the harbor of St. Louis.] + + + +WASHINGTON, _March 26, 1844_. + +_To the House of Representatives of the United States_: + +I submit for the consideration of Congress the accompanying +communication from A. Pageot, minister plenipotentiary _ad interim_ 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. + +JOHN TYLER. + + + +WASHINGTON, _March 27, 1844_. + +_To the Senate_: + +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[115] called for by that resolution +can not be furnished from authentic data. + +JOHN TYLER. + +[Footnote 115: 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.] + + + +WASHINGTON, D.C., _April 9, 1844_. + +_To the House of Representatives_: + +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 _to review +the troops of the charter government_;" 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 _casus foederis_ 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 _charter government_, 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 _the President_ 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 +_constitution maker_ for the States, and all power would be vested +in his hands. + +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. + +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. + +JOHN TYLER. + + + +PROVIDENCE, _April 4, 1842_. + +The PRESIDENT OF THE UNITED STATES. + +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. + +I am, sir, very respectfully, your obedient servant, + +SAM. W. KING, + _Governor of Rhode Island_. + + + +PROVIDENCE, _April 4, 1842_. + +The PRESIDENT OF THE UNITED STATES. + +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. + +The report[116] of a joint committee of both branches of the legislature +of this State, with an act[116] and resolutions[116] 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. + +[Footnote 116: Omitted.] + +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. + +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. + +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. + +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 +_prevent_ 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. + +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. + +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. + +I am, sir, very respectfully, your obedient servant, + +SAM. W. KING, + _Governor of Rhode Island_. + + + +APRIL 9, 1842. + +MY DEAR SIR:[117] 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? + +[Footnote 117: Addressed to the President of the United States.] + +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 _free suffrage_ must _prevail_. Undoubtedly it will. That +is not the question. The freeholders of Rhode Island have yielded that +point, and the _only_ question is between their constitution, providing +for an extension of suffrage, and ours, containing _substantially_ the +_same_ provision--whether their constitution shall be carried out by +_force of arms without_ a majority, or the present government be +supported _until_ 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. _There is no +doubt upon that subject_, 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 _know_ +this to be true. I do hope that you will reconsider this vital question +and give us a full hearing before you decide. + +With great respect, very truly and sincerely, yours, + +JOHN WHIPPLE. + + + +His Excellency JOHN TYLER, + +_President of the United States_: + +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: + +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. + +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. + +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. + +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. + +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. + +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. + +That the result of the last meeting of this legal convention in +February, 1842, was the constitution[118] accompanying this statement, +marked ----, which, in case of its adoption by the people, would have +been the supreme law of the State. + +[Footnote 118: Omitted.] + +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. + +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. + +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. + +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. + +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. + +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. + +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 _other causes_ 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." + +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 _bringing into_ their +meetings the _names_ of voters during the three following days 5,000 +votes more were obtained, making an aggregate of about 14,000 votes. + +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. + +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 _one_ year, and without any freehold may vote upon a +residence of _two_ years, except in the case of votes for town taxes, +in which case the voter must possess the freehold qualification _or_ +be taxed for other property of the value of $150. + +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 _one_ +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. + +The provision, therefore, in relation to the great subject in +dispute--the elective franchise--is substantially the same in the two +constitutions. + +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. + +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. + +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 +----[119]), 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. + +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 _the_ 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 _de facto_ and _dejure_, and is the only government in that +State entitled to the protection of the Constitution of the United +States. + +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? + +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[119] herewith presented, and +the affidavits,[119] marked ----, and to repeated expressions of similar +reliance upon the judgment of the Chief Magistrate of the nation. + +[Footnote 119: Omitted.] + +All which is respectfully submitted by-- + +JOHN WHIPPLE. + JOHN BROWN FRANCIS. + ELISHA R. POTTER. + + + +WASHINGTON, _April 11, 1842_. + +His Excellency the GOVERNOR OF RHODE ISLAND. + +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. + +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), +_against domestic violence_." And by the act of Congress approved on the +28th February, 1795, it is declared "that in case of an insurrection in +any State _against the government thereof_ 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." + +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. + +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 _against the +government_ 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. + +I tender to your excellency assurances of my high respect and +consideration. + +JOHN TYLER. + + + +NEWPORT, R.I., _May 4, 1842_. + +His Excellency JOHN TYLER, + +_President of the United States_. + +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. + +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. + +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. + +With great respect, I am, Your Excellency's humble servant, + +SAM. W. KING, + _Governor of Rhode Island_. + + + +STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, + _In General Assembly, May Session, 1842_. + +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 + +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 + +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, + +_Resolved by the general assembly_, 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. + +_Resolved_, That his excellency the governor be requested immediately to +transmit a copy of these resolutions to the President of the United +States. + +True copy. + +Witness: HENRY BOWEN, + _Secretary of State_. + + + +WASHINGTON, _May 7, 1842_. + +The GOVERNOR OF THE STATE OF RHODE ISLAND. + +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. + +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. + +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 _civil power_ 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. + +I tender to your excellency assurances of my distinguished consideration. + +JOHN TYLER. + + + +JOHN TYLER, + +_President of the United States_. + +SIR: As requested by the general assembly, I have the honor of +transmitting to you, under the seal of the State, the accompanying +resolutions. + +And I am, very respectfully, your obedient servant, + +THOMAS W. DORR, + _Governor of the State of Rhode Island and Providence Plantations_. + + + +STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS, + _General Assembly, May Session, in the City of Providence, A.D. 1842_. + +_Resolved_, 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. + +_Resolved_, 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. + +_Resolved_, That the governor be requested to make the same +communication to the governors of the several States, to be laid before +the respective legislatures. + +A true copy. + +Witness: + [L.S.] WM. H. SMITH, + _Secretary of State_. + + + +MAY 9, 1842. + +Governor KING, _of Rhode Island_. + +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 am well advised_, +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. + +I have said that I _speak advisedly_. Try the experiment, and if it fail +then your justification in using force becomes complete. + +Excuse the freedom I take, and be assured of my respect. + +JOHN TYLER. + + + +PROVIDENCE, R.I., _May 12, 1842_. + +His Excellency the PRESIDENT OF UNITED STATES. + +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. + +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. + +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. + +With high consideration and respect, your obedient and very humble +servant, + +SAM. W. KING. + + + +KINGSTON, R.I. _May 15, 1842_. + +His Excellency JOHN TYLER, + +_President of the United States_. + +DEAR SIR: We arrived at Newport on Wednesday morning in time to attend +the meeting of our legislature. + +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 _people's party_ continued _their threats_. All +allowed that the concession must be made, and the only difference of +opinion was as to time. + +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 _noisy_ 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 _general_ amnesty--would succeed beyond a doubt. + +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. + +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 _prudence_ in the +_leaders_ 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. + +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. + +I am, sir, very respectfully, your obedient servant, + +ELISHA R. POTTER. + +Mr. Dorr returned to Providence this (Monday) morning with an armed +escort. + + + +WASHINGTON, _May 20, 1842_. + +ELISHA R. POTTER, Esq. + +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. _Then_ 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. + +I shall be always most happy to hear from you, and your letters will +never be used to your prejudice. + +Accept assurances of my high respect. + +JOHN TYLER. + + + +PROVIDENCE, _May 16, 1842_. + +The PRESIDENT OF THE UNITED STATES. + +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. + +It states definitely the position assumed by him and his faction against +the government of this State and of the United States. + +His excellency tenders to you the highest respect and consideration. + +Respectfully, yours, + +THOS. A. JENCKES, + _Private Secretary_. + + + +STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS. + +A PROCLAMATION. + +BY THOMAS W. DORR, GOVERNOR AND COMMANDER IN CHIEF OF THE SAME. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +Given under my hand and the seal of the State, at the city of +Providence, this 6th day of May, A.D. 1842. + +[L.S.] + + +THOMAS W. DORR, + + _Governor and Commander in Chief of the State of Rhode Island and +Providence Plantations_ + +By the governor's command: + WILLIAM H. SMITH, + _Secretary of State_. + + + +PROVIDENCE, R.I., _May 25, 1842_. + +The PRESIDENT OF THE UNITED STATES. + +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. + +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. + +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. + +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. + +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. + +You will see by the statement[120] 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. + +SAM. W. KING + _Governor of Rhode Island_. + +[Footnote 120: Omitted.] + + + +EXECUTIVE DEPARTMENT, + +_Albany, May 22, 1842_. + +His Excellency SAMUEL WARD KING, + +_Governor of Rhode Island_. + +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. + +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. + +I have the honor to be, with very high respect and consideration, your +excellency's obedient servant, + +WILLIAM H. SEWARD. + + + +WASHINGTON CITY, _May 28, 1842_. + +His Excellency Governor KING. + +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. + +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. + +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. + +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. + +JOHN TYLER. + +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. + +(Indorsed: "President's instructions, May 28, 1842.") + + + +WAR DEPARTMENT, _May 28, 1842_. + +Colonel BANKHEAD, + +_Newport, R.I._ + +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. + +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. + +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. + +Respectfully, your obedient servant, + +J.C. SPENCER. + + + +WAR DEPARTMENT, _May 29, 1842_. + +Brigadier-General EUSTIS, + +_Boston_. + +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. + +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. + +It is scarcely necessary to say that this communication is strictly +private and confidential. + +Respectfully, your obedient servant, + +[J.C. SPENCER.] + + + +NEW YORK, _June 3, 1842_. + +The PRESIDENT. + +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. + +Yours, truly, + +DANL. WEBSTER. + + + +NEW YORK, _June 3, 1842_. + +Hon. DANIEL WEBSTER, + +_Secretary of State_. + +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. + +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. + +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: + +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. + +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 + +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. + +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. + +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. + +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. + +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. + +Yours, very truly, + +---- ----. + + + +PROVIDENCE, R.I., _June 22, 1842_. + +Hon. J.C. SPENCER, + +_Secretary of War_. + +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. + +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. + +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. + +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. + +I shall be in New York early to-morrow morning ready to receive any +instructions you may think proper to honor me with. + +I have been compelled to write this in haste. + +I am, sir, with great respect, your obedient servant, + +JAS. BANKHEAD, + _Colonel Second Regiment Artillery_. + + + +CITY OF PROVIDENCE, MAYOR'S OFFICE, + +_June 23,1842_. + +SIR:[121] 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[122] 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. + +[Footnote 121: Addressed to the President of the United States.] + +[Footnote 122: Omitted.] + +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. + +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. + +I remain, with great respect, your obedient servant, + +THOS. M. BURGESS, + _Mayor_. + + + +EXECUTIVE DEPARTMENT, + +_Providence, June 23, 1842_. + +His Excellency JOHN TYLER, + +_President of the United States_. + +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. + +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. + +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. + +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. + +I confidently trust that Your Excellency will adopt such measures as +will afford us prompt and efficient relief. + +I remain, with great consideration, your obedient servant, + +SAM. W. KING. + + + +WASHINGTON, _June 25, 1842_. + +Governor KING. + +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.) + +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. + +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. + +I renew to your excellency assurances of high consideration. + +J. TYLER. + + + +PROVIDENCE, R.I., _June 23, 1842_. + +Hon. JOHN C. SPENCER, + +_Secretary of War_. + +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. + +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. + +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. + +The citizens of this city are in a state of intense excitement. + +I shall return to-morrow to Newport to await any instructions you may be +pleased to favor me with. + +I have the honor to be, sir, with great respect, your obedient servant, + +JAS. BANKHEAD, + _Colonel Second Regiment Artillery_. + + + +PROVIDENCE, R.I., _June 23, 1842_. + +Brigadier-General R. JONES, + +_Adjutant-General United States Army_. + +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 +_concentrated_ forces are variously estimated at from 500 to 1,000 men. + +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. + +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. + +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. + +I am, sir, very respectfully, your obedient servant, + +JAS. BANKHEAD, + _Colonel Second Regiment Artillery_. + + + +PROVIDENCE, R.I., _June 27, 1842_. + +SIR:[123] 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. + +[Footnote 123: Addressed to Brigadier-General R. Jones, Adjutant-General +United States Army.] + +It seems to be impossible to avoid a conflict between the contending +parties without the interposition of a strong regular force. + +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. + +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. + +A force of 300 regular troops would insure success, and probably without +bloodshed. + +I am, sir, very respectfully, your obedient servant, + +JAS. BANKHEAD, + _Colonel Second Regiment Artillery_. + + + +WASHINGTON, _June 27, 1842_. + +The PRESIDENT OF THE UNITED STATES. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +We are, with the highest respect, Your Excellency's obedient servants, + +JAMES F. SIMMONS. + WM. SPRAGUE. + JOSEPH L. TILLINGHAST. + + + +WASHINGTON, _June 29,1842_. + +The Secretary Of War. + +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. + +JOHN TYLER. + + + + +BY THE PRESIDENT OF THE UNITED STATES OF AMERICA. + +A PROCLAMATION. + +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. + +In testimony whereof I have caused the seal of the United States to be +hereunto affixed, and signed the same with my hand. + +Done at the city of Washington this ---- day of ---- A.D. 1842, and of +the Independence of the United States the sixty-sixth. + +[L.S.] JOHN TYLER. + +By the President: + DANL. WEBSTER, + _Secretary of State_. + + + +WASHINGTON, _April 22, 1844_. + +_To the Senate of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _April 22, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _April 26, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + +APRIL 29, 1844 + + + +WASHINGTON, _April 29, 1844_. + +_To the Senate of the United States_: + +I herewith transmit to the Senate, with reference to my message of +the 22d instant, the copy of a recent correspondence[124] between the +Department of State and the minister of Her Britannic Majesty in this +country. + +JOHN TYLER. + +[Footnote 124: With reference to the annexation of Texas.] + + + +WASHINGTON, _April 29, 1844_. + +_To the Senate of the United States_: + +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.[125] + +JOHN TYLER. + +[Footnote 125: Proceedings under act of March 3, 1843, for the relief +of the Stockbridge tribe of Indians in the Territory of Wisconsin.] + + + +WASHINGTON, _May 1, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 3, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 6, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 6, 1844_. + +_To the House of Representatives_: + +I transmit to the House of Representatives a report[126] of the Secretary +of War, prepared as requested by the resolution of the House of the 18th +of January last. + +JOHN TYLER. + +[Footnote 126: Transmitting lists of persons employed by the War +Department since March 4, 1837, without express authority of law, etc.] + + + +WASHINGTON, _May 6, 1844_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 7, 1844_. + +_To the Senate of the United States_: + +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. + +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 charge d'affaires of the United States at Bogota, who +concluded the convention on the part of this Government. + +JOHN TYLER. + + + +WASHINGTON, _May 10, 1844_. + +_To the Senate of the United States_: + +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. + +I will not withhold the expression of my full assent to the views +expressed by Mr. Everett in his conference with Lord Aberdeen. + +JOHN TYLER. + + + +WASHINGTON, _May 10, 1844_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + +WASHINGTON, _May 11, 1844_. + +_To the Senate of the United States_: + +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 _droit d'aubaine_ +and the _droit de detraction_ 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. + +JOHN TYLER. + + + +WASHINGTON, _May 15, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 15, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 16, 1844_. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 17, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 18, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 18, 1844_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 20, 1844_. + +_To the House of Representatives_: + +In compliance with a resolution of the House of Representatives of the +22d ultimo, I communicate a report[127] from the Secretary of State, +which embraces the information called for by said resolution. + +JOHN TYLER. + +[Footnote 127: 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.] + + + +WASHINGTON, _May 20. 1844_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _May 23, 1844_. + +_To the Senate of the United States_: + +Your resolution of the 18th instant, adopted in _executive_ session, +addressed to the Secretary of the Treasury _ad interim_, 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[128] which have been made +to me by the Secretaries of the War and Navy Departments, in full answer +to the resolution of the Senate. + +JOHN TYLER. + +[Footnote 128: 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.] + + + +WASHINGTON CITY, D.C., _May 24, 1844_. + +_To the House of Representatives of the United States_: + +I transmit herewith a report[129] from the Secretary of the Navy, in +compliance with the resolution of the House of Representatives of the +18th of January last. + +JOHN TYLER. + +[Footnote 129: Transmitting list of persons employed by the Navy +Department without express authority of law from March 4, 1837, +to January 18, 1844, etc.] + + + +WASHINGTON, _May 31, 1844_. + +_To the Senate of the United States_: + +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. + +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 charge 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. + +JOHN TYLER. + + + +WASHINGTON, _June 1, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 3, 1844_. + +_To the Senate of the United States_: + +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 charge 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. + +JOHN TYLER. + + + +WASHINGTON, _June 4, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 5, 1844_. + +_To the Senate of the United States_: + +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[130] recently received at the Department of State from the +minister of the United States in London. + +JOHN TYLER. + +[Footnote 130: Relating to the treaty of annexation with Texas.] + + + +WASHINGTON, _June 7, 1844_. + +_To the House of Representatives of the United States_: + +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." + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 8, 1844_. + +_To the House of Representatives_: + + +In compliance with a resolution of the House of Representatives of the +29th of April last, I communicate to that body a report[131] from the +Secretary of State, which embraces the information called for by that +resolution. + +JOHN TYLER. + +[Footnote 131: 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.] + + + +WASHINGTON, _June 10, 1844_. + +_To the House of Representatives of the United States_: + +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. + +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. + +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. + +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 _de facto_ and _de jure_. 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 _de +facto_ and _de jure_, it would be difficult to say at what period she +will attain to that condition. + +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. + +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. + +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 +_now_ 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." + +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. + +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. + +The great question is not as to the manner in which it shall be done, +but whether it shall be accomplished or not. + +The responsibility of deciding this question is now devolved upon you. + +JOHN TYLER. + + + +WASHINGTON, _June 10, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 12, 1844_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 4th instant, +calling for a correspondence[132] 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. + +JOHN TYLER. + +[Footnote 132: 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.] + + + +WASHINGTON, _June, 12, 1844_. + +_To the Senate of the United States_; + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 15, 1844_. + +_To the House of Representatives of the United States_: + +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[133] therein referred to. + +JOHN TYLER. + +[Footnote 133: 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.] + + + +WASHINGTON, _June 17, 1844_. + +The PRESIDENT OF THE SENATE: + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 17, 1844_. + +_To the Senate_: + +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. + +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. + +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. + +JOHN TYLER. + + + + +VETO MESSAGES.[134] + +[Footnote 134: The first is a pocket veto.] + + +WASHINGTON, _December 18, 1843_. + +_To the House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _June 11, 1844_. + +_To the House of Representatives of the United States_: + +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: + +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, _among the +several States_, 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 _among the several States_ 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. + +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. + +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. + +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. + +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. + +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. + +As to the harbors on the Lakes, the act originates no new improvements, +but makes appropriations for the continuance of works already begun. + +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. + +JOHN TYLER. + + + + +EXECUTIVE ORDERS. + +CIRCULAR[135] + +[Footnote 135: Sent to all diplomatic and consular officers of the +United States.] + + +DEPARTMENT OF STATE, + +_Washington, February 29, 1844_. + +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 _Princeton_, 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. + +In consequence of this event, the President has been pleased to charge +me _ad interim_ with the direction of the Department of State, and I +have accordingly this day entered upon the duties of this appointment. + +I have the honor to be, with great respect, sir, your obedient servant, + +JNO. NELSON. + + + +GENERAL ORDERS. + + +WAR DEPARTMENT, _February 29, 1844_. + +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 +_Princeton_ 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. + +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. + +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 charge 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. + +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. + +WM. WILKINS + _Secretary of War_. + + + +GENERAL ORDER. + +NAVY DEPARTMENT, _February 29, 1844_. + +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. + +By command of the President: + +L. WARRINGTON, + _Secretary of the Navy ad interim_. + + + + +FOURTH ANNUAL MESSAGE. + + +WASHINGTON, _December 3, 1844_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +I am happy to inform you that Belgium has, by an "_arrete royale_" +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. + +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. + +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. + +The Republic of New Granada still withholds, notwithstanding the most +persevering efforts have been employed by our charge d'affaires, Mr. +Blackford, to produce a different result, indemnity in the case of the +brig _Morris_; 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. + +Our late minister to Chili, Mr. Pendleton, has returned to the United +States without having effected an adjustment in the second claim of the +_Macedonian_, 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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +The report of the Secretary presents other matters to your consideration +of an important character in connection with the service. + +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. + +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. + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + + +SPECIAL MESSAGES. + + +WASHINGTON, _December 10, 1844_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 10, 1844_. + +_To the Senate of the United States_: + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 10, 1844_. + +_To the Senate and House of Representatives_: + +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 +_Morris_ has been satisfactorily arranged. + +JOHN TYLER. + + + +WASHINGTON, _December 18, 1844_. + +_To the Senate and House of Representatives_: + +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. + +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. + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _December 23, 1844_. + +_To the Senate of the United States_: + +The messenger who lately bore to Berlin the ratified copy of the +convention for the mutual abolition of the _droit d'aubaine_ 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. + +This subject is now submitted for the consideration of the Senate. + +JOHN TYLER. + + + +WASHINGTON, _December 23, 1844_. + +_To the Senate of the United States_: + +I herewith transmit a letter from the Secretary of State, accompanied by +copies of the correspondence[136] asked for by your resolution of the +12th instant. + +JOHN TYLER. + +[Footnote 136: Extracts from the instructions of the Department of State +to the United States minister to France relative to the proposed +annexation of Texas, etc.] + + + +WASHINGTON, _January 2, 1845_. + +_To the Senate of the United States_: + +I transmit herewith a letter from the Secretary of State, accompanied +by a copy of a letter[137] from Mr. Raymond, secretary of legation and +charge d'affaires _ad interim_ of the Republic of Texas, in answer to +the Senate's resolution of the 16th December last. + +JOHN TYLER. + +[Footnote 137: Relating to the public debt and public lands of the +Republic of Texas.] + + + +WASHINGTON, _January 2, 1845_. + +_To the Senate of the United States_: + +In answer to your resolution of the 19th December last, I herewith +transmit a letter[138] from the Secretary of State and the accompanying +documents. + +JOHN TYLER. + +[Footnote 138: Transmitting copies of treaties between the Republic of +Texas and Great Britain and France.] + + + +WASHINGTON, _January 9, 1845_. + +_To the House of Representatives_: + +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.[139] + +JOHN TYLER. + +[Footnote 139: Copy of the instructions to George W. Erving upon his +appointment as minister to Spain in 1814 and during his mission to +that Court.] + + + +WASHINGTON, _January 9, 1845_. + +_To the Senate of the United States_: + +I transmit herewith additional documents having relation to the treaty +with China, which may enable the Senate more satisfactorily to act upon +it. + +JOHN TYLER. + + + +WASHINGTON, _January 22, 1845_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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. + +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 _in extenso_) 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. + +JOHN TYLER. + + + +WASHINGTON, _January 29, 1845_. + +_To the Senate and House of Representatives of the United States_: + +In compliance with the request of the governor of the State of Illinois, +I transmit herewith a copy of certain resolutions[140] adopted by the +general assembly of that State. + +JOHN TYLER. + +[Footnote 140: Asking the publication and distribution of the decisions +of the Supreme Court of the United States.] + + + +WASHINGTON, _February 3, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 3, 1845_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 3, 1845_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 4, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 5, 1845_. + +_To the House of Representatives of the United States_: + +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[141] therein referred to. + +JOHN TYLER. + +[Footnote 141: Correspondence relative to the surrender by Great Britain +of fugitive criminals from Florida under the treaty of Washington.] + + + +WASHINGTON, _February 5, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 7, 1845_. + +_To the Senate of the United States_: + +I transmit herewith the report[142] requested by the resolution of the +Senate of the 2d of January last. + +JOHN TYLER. + +[Footnote 142: Of Lieutenant H. Wager Halleck, of the Engineer Corps, on +the means of national defense.] + + + +WASHINGTON, _February 7, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 12, 1845_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 12, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON CITY, _February 13, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 14, 1845_. + +_To the Senate of the United States_: + +I herewith transmit certain documents connected with the case of Silas +Reed,[143] and which were inadvertently omitted in the packet of papers +which accompanied my message to the Senate on this subject. + +JOHN TYLER. + +[Footnote 143: Principal surveyor of Missouri and Illinois, official +conduct of.] + + + +WASHINGTON, _February 17, 1845_. + +_To the House of Representatives_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 19, 1845_. + +_To the Senate of the United States_: + +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. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 20, 1845_. + +_To the Senate of the United States_: + +I herewith communicate to the Senate a report[144] from the Secretary of +State, in reply to the inquiries contained in their resolution of the +17th instant. + +JOHN TYLER. + +[Footnote 144: Relating to redress from the British Government for +the illegal capture of the fishing schooner _Argus_ and other American +vessels engaged in the fisheries, under a pretended infraction of the +convention of October 20, 1818.] + + + +WASHINGTON, _February 20, 1845_. + +_To the Senate and House of Representatives of the United States_: + +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. + +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 +_chartered_, 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 _as passengers_ 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 _as passengers_ 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 _passenger_ crew put +in command to carry back its miserable freight to the first contrivers +of the voyage, or their _employees_ in Brazil. + +During the whole progress of this tortuous enterprise it is possible +that neither the American crew originally enlisted nor the _passenger_ +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. + +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. + +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 _per +capita_ by way of bounty. + +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. + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 21, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 21, 1845_. + +_To the Senate of the United States_: + +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.[145] + +JOHN TYLER. + +[Footnote 145: Instructions to Hon. Caleb Cushing, commissioner to China +and envoy extraordinary and minister plenipotentiary to the Court of +China, etc.] + + + +WASHINGTON, _February 21, 1845_. + +_To the House of Representatives of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 24, 1845_. + +_To the Senate of the United States_: + +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 _droit d'aubaine_ 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. + +JOHN TYLER. + + + +WASHINGTON, _February 26, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 26, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 26, 1845_. + +_To the Senate of the United States_: + +In compliance with the resolution of the Senate of the 3d instant, +I herewith transmit the information[146] called for. + +JOHN TYLER. + +[Footnote 146: 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.] + + + +WASHINGTON, _February 26, 1845_. + +_To the Senate of the United States_: + +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. + +JOHN TYLER. + + + +WASHINGTON, _February 28, 1845_. + +_To the Senate of the United States_: + +I transmit herewith to the Senate, in answer to its resolution of the +17th instant, a report[147] from the Secretary of State, together with +the copies of papers therein referred to. + +JOHN TYLER. + +[Footnote 147: Relating to redress from the British Government for the +illegal capture of the fishing schooner _Argus_ and other American +vessels engaged in the fisheries, under a pretended infraction of the +convention of October 20, 1818.] + + + + +VETO MESSAGE. + + +WASHINGTON, _February 20, 1845_. + +_To the Senate of the United States_: + +I herewith return the bill entitled "An act relating to revenue cutters +and steamers," with the following objections to its becoming a law: + +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 _(excepting such as are now in the course of building or +equipment_) nor purchased unless an appropriation be first made by law +therefor." The _building_ 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. + +I am free to confess that, existing contracts being guarded and +protected, the law to operate _in futuro_ would be regarded as both +proper and wise. + +With these objections, I return the bill to the House in which it +originated for its final constitutional action. + +JOHN TYLER. + + + + +PROCLAMATION. + +[From Senate Journal, Twenty-eighth Congress, second session, p. 271.] + +WASHINGTON, _January 8, 1845_. + +_To the Senators of the United States, respectively_. + + +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. + +JOHN TYLER. + + + + + + + + + + + + +End of the Project Gutenberg EBook of A Compilation of the Messages and +Papers of the Presidents: Tyler, by Compiled by James D. 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