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diff --git a/old/sujac10.txt b/old/sujac10.txt new file mode 100644 index 0000000..bf52961 --- /dev/null +++ b/old/sujac10.txt @@ -0,0 +1,8425 @@ +The Project Gutenberg EBook of State of the Union Addresses +by Andrew Jackson +(#7 in our series of US Presidential State of the Union Addresses) + +Copyright laws are changing all over the world. Be sure to check the +copyright laws for your country before downloading or redistributing +this or any other Project Gutenberg eBook. + +This header should be the first thing seen when viewing this Project +Gutenberg file. Please do not remove it. Do not change or edit the +header without written permission. + +Please read the "legal small print," and other information about the +eBook and Project Gutenberg at the bottom of this file. Included is +important information about your specific rights and restrictions in +how the file may be used. You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: State of the Union Addresses of Andrew Jackson + +Author: Andrew Jackson + +Release Date: February, 2004 [EBook #5016] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on April 11, 2002] + +Edition: 10 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY ANDREW JACKSON *** + + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by Andrew Jackson in this eBook: + December 8, 1829 + December 6, 1830 + December 6, 1831 + December 4, 1832 + December 3, 1833 + December 1, 1834 + December 7, 1835 + December 5, 1836 + + + +*** + +State of the Union Address +Andrew Jackson +December 8, 1829 + +Fellow Citizens of the Senate and of the House of Representatives: + +It affords me pleasure to tender my friendly greetings to you on the +occasion of your assembling at the seat of Government to enter upon the +important duties to which you have been called by the voice of our +country-men. The task devolves on me, under a provision of the +Constitution, to present to you, as the Federal Legislature of 24 sovereign +States and 12,000,000 happy people, a view of our affairs, and to propose +such measures as in the discharge of my official functions have suggested +themselves as necessary to promote the objects of our Union. + +In communicating with you for the first time it is to me a source of +unfeigned satisfaction, calling for mutual gratulation and devout thanks to +a benign Providence, that we are at peace with all man-kind, and that our +country exhibits the most cheering evidence of general welfare and +progressive improvement. Turning our eyes to other nations, our great +desire is to see our brethren of the human race secured in the blessings +enjoyed by ourselves, and advancing in knowledge, in freedom, and in social +happiness. + +Our foreign relations, although in their general character pacific and +friendly, present subjects of difference between us and other powers of +deep interest as well to the country at large as to many of our citizens. +To effect an adjustment of these shall continue to be the object of my +earnest endeavors, and not with standing the difficulties of the task, I do +not allow myself to apprehend unfavorable results. Blessed as our country +is with every thing which constitutes national strength, she is fully +adequate to the maintenance of all her interests. In discharging the +responsible trust confided to the Executive in this respect it is my +settled purpose to ask nothing that is not clearly right and to submit to +nothing that is wrong; and I flatter myself that, supported by the other +branches of the Government and by the intelligence and patriotism of the +people, we shall be able, under the protection of Providence, to cause all +our just rights to be respected. + +Of the unsettled matters between the United States and other powers, the +most prominent are those which have for years been the subject of +negotiation with England, France, and Spain. The late periods at which our +ministers to those Governments left the United States render it impossible +at this early day to inform you of what has been done on the subjects with +which they have been respectively charged. Relying upon the justice of our +views in relation to the points committed to negotiation and the reciprocal +good feeling which characterizes our intercourse with those nations, we +have the best reason to hope for a satisfactory adjustment of existing +differences. + +With Great Britain, alike distinguished in peace and war, we may look +forward to years of peaceful, honorable, and elevated competition. Every +thing in the condition and history of the two nations is calculated to +inspire sentiments of mutual respect and to carry conviction to the minds +of both that it is their policy to preserve the most cordial relations. +Such are my own views, and it is not to be doubted that such are also the +prevailing sentiments of our constituents. Although neither time nor +opportunity has been afforded for a full development of the policy which +the present cabinet of Great Britain designs to pursue toward this country, +I indulge the hope that it will be of a just and pacific character; and if +this anticipation be realized we may look with confidence to a speedy and +acceptable adjustment of our affairs. + +Under the convention for regulating the reference to arbitration of the +disputed points of boundary under the 5th article of the treaty of Ghent, +the proceedings have hitherto been conducted in that spirit of candor and +liberality which ought ever to characterize the acts of sovereign States +seeking to adjust by the most unexceptionable means important and delicate +subjects of contention. The first sentiments of the parties have been +exchanged, and the final replication on our part is in a course of +preparation. This subject has received the attention demanded by its great +and peculiar importance to a patriotic member of this Confederacy. The +exposition of our rights already made is such as, from the high reputation +of the commissioners by whom it has been prepared, we had a right to +expect. Our interests at the Court of the Sovereign who has evinced his +friendly disposition by assuming the delicate task of arbitration have been +committed to a citizen of the State of Maine, whose character, talents, and +intimate acquaintance with the subject eminently qualify him for so +responsible a trust. With full confidence in the justice of our cause and +in the probity, intelligence, and uncompromising independence of the +illustrious arbitrator, we can have nothing to apprehend from the result. + +From France, our ancient ally, we have a right to expect that justice which +becomes the sovereign of a powerful, intelligent, and magnanimous people. +The beneficial effects produced by the commercial convention of 1822, +limited as are its provisions, are too obvious not to make a salutary +impression upon the minds of those who are charged with the administration +of her Government. Should this result induce a disposition to embrace to +their full extent the wholesome principles which constitute our commercial +policy, our minister to that Court will be found instructed to cherish such +a disposition and to aid in conducting it to useful practical conclusions. +The claims of our citizens for depredations upon their property, long since +committed under the authority, and in many instances by the express +direction, of the then existing Government of France, remain unsatisfied, +and must therefore continue to furnish a subject of unpleasant discussion +and possible collision between the two Governments. I cherish, however, a +lively hope, founded as well on the validity of those claims and the +established policy of all enlightened governments as on the known integrity +of the French Monarch, that the injurious delays of the past will find +redress in the equity of the future. Our minister has been instructed to +press these demands on the French Government with all the earnestness which +is called for by their importance and irrefutable justice, and in a spirit +that will evince the respect which is due to the feelings of those from +whom the satisfaction is required. + +Our minister recently appointed to Spain has been authorized to assist in +removing evils alike injurious to both countries, either by concluding a +commercial convention upon liberal and reciprocal terms or by urging the +acceptance in their full extent of the mutually beneficial provisions of +our navigation acts. He has also been instructed to make a further appeal +to the justice of Spain, in behalf of our citizens, for indemnity for +spoliations upon our commerce committed under her authority -- an appeal +which the pacific and liberal course observed on our part and a due +confidence in the honor of that Government authorize us to expect will not +be made in vain. + +With other European powers our intercourse is on the most friendly footing. +In Russia, placed by her territorial limits, extensive population, and +great power high in the rank of nations, the United States have always +found a steadfast friend. Although her recent invasion of Turkey awakened a +lively sympathy for those who were exposed to the desolation of war, we can +not but anticipate that the result will prove favorable to the cause of +civilization and to the progress of human happiness. The treaty of peace +between these powers having been ratified, we can not be insensible to the +great benefit to be derived by the commerce of the United States from +unlocking the navigation of the Black Sea, a free passage into which is +secured to all merchant vessels bound to ports of Russia under a flag at +peace with the Porte. This advantage, enjoyed upon conditions by most of +the powers of Europe, has hitherto been withheld from us. During the past +summer an antecedent but unsuccessful attempt to obtain it was renewed +under circumstances which promised the most favorable results. Although +these results have fortunately been thus in part attained, further +facilities to the enjoyment of this new field for the enterprise of our +citizens are, in my opinion, sufficiently desirable to insure to them our +most zealous attention. + +Our trade with Austria, although of secondary importance, has been +gradually increasing, and is now so extended as to deserve the fostering +care of the Government. A negotiation, commenced and nearly completed with +that power by the late Administration, has been consummated by a treaty of +amity, navigation, and commerce, which will be laid before the Senate. + +During the recess of Congress our diplomatic relations with Portugal have +been resumed. The peculiar state of things in that country caused a +suspension of the recognition of the representative who presented himself +until an opportunity was had to obtain from our official organ there +information regarding the actual and, as far as practicable, prospective +condition of the authority by which the representative in question was +appointed. This information being received, the application of the +established rule of our Government in like cases was no longer withheld. + +Considerable advances have been made during the present year in the +adjustment of claims of our citizens upon Denmark for spoliations, but all +that we have a right to demand from that Government in their behalf has not +yet been conceded. From the liberal footing, however, upon which this +subject has, with the approbation of the claimants, been placed by the +Government, together with the uniformly just and friendly disposition which +has been evinced by His Danish Majesty, there is a reasonable ground to +hope that this single subject of difference will speedily be removed. + +Our relations with the Barbary Powers continue, as they have long been, of +the most favorable character. The policy of keeping an adequate force in +the Mediterranean, as security for the continuance of this tranquillity, +will be persevered in, as well as a similar one for the protection of our +commerce and fisheries in the Pacific. + +The southern Republics of our own hemisphere have not yet realized all the +advantages for which they have been so long struggling. We trust, however, +that the day is not distant when the restoration of peace and internal +quiet, under permanent systems of government, securing the liberty and +promoting the happiness of the citizens, will crown with complete success +their long and arduous efforts in the cause of self-government, and enable +us to salute them as friendly rivals in all that is truly great and +glorious. + +The recent invasion of Mexico, and the effect thereby produced upon her +domestic policy, must have a controlling influence upon the great question +of South American emancipation. We have seen the fell spirit of civil +dissension rebuked, and perhaps for ever stifled, in that Republic by the +love of independence. If it be true, as appearances strongly indicate, the +spirit of independence is the master spirit, and if a corresponding +sentiment prevails in the other States, this devotion to liberty can not be +without a proper effect upon the counsels of the mother country. The +adoption by Spain of a pacific policy toward her former colonies -- an +event consoling to humanity, and a blessing to the world, in which she +herself can not fail largely to participate -- may be most reasonably +expected. + +The claims of our citizens upon the South American Governments generally +are in a train of settlement, while the principal part of those upon Brazil +have been adjusted, and a decree in council ordering bonds to be issued by +the minister of the treasury for their amount has received the sanction of +His Imperial Majesty. This event, together with the exchange of the +ratifications of the treaty negotiated and concluded in 1828, happily +terminates all serious causes of difference with that power. + +Measures have been taken to place our commercial relations with Peru upon a +better footing than that upon which they have hitherto rested, and if met +by a proper disposition on the part of that Government important benefits +may be secured to both countries. + +Deeply interested as we are in the prosperity of our sister Republics, and +more particularly in that of our immediate neighbor, it would be most +gratifying to me were I permitted to say that the treatment which we have +received at her hands has been as universally friendly as the early and +constant solicitude manifested by the United States for her success gave us +a right to expect. But it becomes my duty to inform you that prejudices +long indulged by a portion of the inhabitants of Mexico against the envoy +extraordinary and minister plenipotentiary of the United States have had an +unfortunate influence upon the affairs of the two countries, and have +diminished that usefulness to his own which was justly to be expected from +his talents and zeal. To this cause, in a great degree, is to be imputed +the failure of several measures equally interesting to both parties, but +particularly that of the Mexican Government to ratify a treaty negotiated +and concluded in its own capital and under its own eye. Under these +circumstances it appeared expedient to give to Mr. Poinsett the option +either to return or not, as in his judgment the interest of his country +might require, and instructions to that end were prepared; but before they +could be dispatched a communication was received from the Government of +Mexico, through its charge' d'affaires here, requesting the recall of our +minister. This was promptly complied with, and a representative of a rank +corresponding with that of the Mexican diplomatic agent near this +Government was appointed. Our conduct toward that Republic has been +uniformly of the most friendly character, and having thus removed the only +alleged obstacle to harmonious intercourse, I can not but hope that an +advantageous change will occur in our affairs. + +In justice to Mr. Poinsett it is proper to say that my immediate compliance +with the application for his recall and the appointment of a successor are +not to be ascribed to any evidence that the imputation of an improper +interference by him in the local politics of Mexico was well founded, nor +to a want of confidence in his talents or integrity, and to add that the +truth of the charges has never been affirmed by the federal Government of +Mexico in its communications with us. + +I consider it one of the most urgent of my duties to bring to your +attention the propriety of amending that part of the Constitution which +relates to the election of President and Vice-President. Our system of +government was by its framers deemed an experiment, and they therefore +consistently provided a mode of remedying its defects. + +To the people belongs the right of electing their Chief Magistrate; it was +never designed that their choice should in any case be defeated, either by +the intervention of electoral colleges or by the agency confided, under +certain contingencies, to the House of Representatives. Experience proves +that in proportion as agents to execute the will of the people are +multiplied there is danger of their wishes being frustrated. Some may be +unfaithful; all are liable to err. So far, therefore, as the people can +with convenience speak, it is safer for them to express their own will. + +The number of aspirants to the Presidency and the diversity of the +interests which may influence their claims leave little reason to expect a +choice in the first instance, and in that event the election must devolve +on the House of Representatives, where it is obvious the will of the people +may not be always ascertained, or, if ascertained, may not be regarded. +From the mode of voting by States the choice is to be made by 24 votes, and +it may often occur that one of these will be controlled by an individual +Representative. Honors and offices are at the disposal of the successful +candidate. Repeated ballotings may make it apparent that a single +individual holds the cast in his hand. May he not be tempted to name his +reward? + +But even without corruption, supposing the probity of the Representative to +be proof against the powerful motives by which it may be assailed, the will +of the people is still constantly liable to be misrepresented. One may err +from ignorance of the wishes of his constituents; another from a conviction +that it is his duty to be governed by his own judgment of the fitness of +the candidates; finally, although all were inflexibly honest, all +accurately informed of the wishes of their constituents, yet under the +present mode of election a minority may often elect a President, and when +this happens it may reasonably be expected that efforts will be made on the +part of the majority to rectify this injurious operation of their +institutions. But although no evil of this character should result from +such a perversion of the first principle of our system -- that the majority +is to govern -- it must be very certain that a President elected by a +minority can not enjoy the confidence necessary to the successful discharge +of his duties. + +In this as in all other matters of public concern policy requires that as +few impediments as possible should exist to the free operation of the +public will. Let us, then, endeavor so to amend our system that the office +of Chief Magistrate may not be conferred upon any citizen but in pursuance +of a fair expression of the will of the majority. + +I would therefore recommend such an amendment of the Constitution as may +remove all intermediate agency in the election of the President and +Vice-President. The mode may be so regulated as to preserve to each State +its present relative weight in the election, and a failure in the first +attempt may be provided for by confining the second to a choice between the +two highest candidates. In connection with such an amendment it would seem +advisable to limit the service of the Chief Magistrate to a single term of +either 4 or 6 years. If, however, it should not be adopted, it is worthy of +consideration whether a provision disqualifying for office the +Representatives in Congress on whom such an election may have devolved +would not be proper. + +While members of Congress can be constitutionally appointed to offices of +trust and profit it will be the practice, even under the most conscientious +adherence to duty, to select them for such stations as they are believed to +be better qualified to fill than other citizens; but the purity of our +Government would doubtless be promoted by their exclusion from all +appointments in the gift of the President, in whose election they may have +been officially concerned. The nature of the judicial office and the +necessity of securing in the Cabinet and in diplomatic stations of the +highest rank the best talents and political experience should, perhaps, +except these from the exclusion. + +There are, perhaps, few men who can for any great length of time enjoy +office and power without being more or less under the influence of feelings +unfavorable to the faithful discharge of their public duties. Their +integrity may be proof against improper considerations immediately +addressed to themselves, but they are apt to acquire a habit of looking +with indifference upon the public interests and of tolerating conduct from +which an unpracticed man would revolt. Office is considered as a species of +property, and government rather as a means of promoting individual +interests than as an instrument created solely for the service of the +people. Corruption in some and in others a perversion of correct feelings +and principles divert government from its legitimate ends and make it an +engine for the support of the few at the expense of the many. The duties of +all public officers are, or at least admit of being made, so plain and +simple that men of intelligence may readily qualify themselves for their +performance; and I can not but believe that more is lost by the long +continuance of men in office than is generally to be gained by their +experience. I submit, therefore, to your consideration whether the +efficiency of the Government would not be promoted and official industry +and integrity better secured by a general extension of the law which limits +appointments to four years. + +In a country where offices are created solely for the benefit of the people +no one man has any more intrinsic right to official station than another. +Offices were not established to give support to particular men at the +public expense. No individual wrong is, therefore, done by removal, since +neither appointment to nor continuance in office is a matter of right. The +incumbent became an officer with a view to public benefits, and when these +require his removal they are not to be sacrificed to private interests. It +is the people, and they alone, who have a right to complain when a bad +officer is substituted for a good one. He who is removed has the same means +of obtaining a living that are enjoyed by the millions who never held +office. The proposed limitation would destroy the idea of property now so +generally connected with official station, and although individual distress +may be some times produced, it would, by promoting that rotation which +constitutes a leading principle in the republican creed, give healthful +action to the system. + +No very considerable change has occurred during the recess of Congress in +the condition of either our agriculture, commerce, or manufactures. The +operation of the tariff has not proved so injurious to the two former or as +beneficial to the latter as was anticipated. Importations of foreign goods +have not been sensibly diminished, while domestic competition, under an +illusive excitement, has increased the production much beyond the demand +for home consumption. The consequences have been low prices, temporary +embarrassment, and partial loss. That such of our manufacturing +establishments as are based upon capital and are prudently managed will +survive the shock and be ultimately profitable there is no good reason to +doubt. + +To regulate its conduct so as to promote equally the prosperity of these +three cardinal interests is one of the most difficult tasks of Government; +and it may be regretted that the complicated restrictions which now +embarrass the intercourse of nations could not by common consent be +abolished, and commerce allowed to flow in those channels to which +individual enterprise, always its surest guide, might direct it. But we +must ever expect selfish legislation in other nations, and are therefore +compelled to adapt our own to their regulations in the manner best +calculated to avoid serious injury and to harmonize the conflicting +interests of our agriculture, our commerce, and our manufactures. Under +these impressions I invite your attention to the existing tariff, believing +that some of its provisions require modification. + +The general rule to be applied in graduating the duties upon articles of +foreign growth or manufacture is that which will place our own in fair +competition with those of other countries; and the inducements to advance +even a step beyond this point are controlling in regard to those articles +which are of primary necessity in time of war. When we reflect upon the +difficulty and delicacy of this operation, it is important that it should +never be attempted but with the utmost caution. Frequent legislation in +regard to any branch of industry, affecting its value, and by which its +capital may be transferred to new channels, must always be productive of +hazardous speculation and loss. + +In deliberating, therefore, on these interesting subjects local feelings +and prejudices should be merged in the patriotic determination to promote +the great interests of the whole. All attempts to connect them with the +party conflicts of the day are necessarily injurious, and should be +discountenanced. Our action upon them should be under the control of higher +and purer motives. Legislation subjected to such influences can never be +just, and will not long retain the sanction of a people whose active +patriotism is not bounded by sectional limits nor insensible to that spirit +of concession and forbearance which gave life to our political compact and +still sustains it. Discarding all calculations of political ascendancy, the +North, the South, the East, and the West should unite in diminishing any +burthen of which either may justly complain. + +The agricultural interest of our country is so essentially connected with +every other and so superior in importance to them all that it is scarcely +necessary to invite to it your particular attention. It is principally as +manufactures and commerce tend to increase the value of agricultural +productions and to extend their application to the wants and comforts of +society that they deserve the fostering care of Government. + +Looking forward to the period, not far distant, when a sinking fund will no +longer be required, the duties on those articles of importation which can +not come in competition with our own productions are the first that should +engage the attention of Congress in the modification of the tariff. Of +these, tea and coffee are the most important. They enter largely into the +consumption of the country, and have become articles of necessity to all +classes. A reduction, therefore, of the existing duties will be felt as a +common benefit, but like all other legislation connected with commerce, to +be efficacious and not injurious it should be gradual and certain. + +The public prosperity is evinced in the increased revenue arising from the +sales of the public lands and in the steady maintenance of that produced by +imposts and tonnage, not withstanding the additional duties imposed by the +act of [1828-05-19], and the unusual importations in the early part of that +year. + +The balance in the Treasury on [1829-01-01] was $5,972,435.81. The receipts +of the current year are estimated at $24,602,230 and the expenditures for +the same time at $26,164,595, leaving a balance in the Treasury on +[1830-01-01] of $4,410,070.81. + +There will have been paid on account of the public debt during the present +year the sum of $12,405,005.80, reducing the whole debt of the Government +on [1830-01-01] to $48,565,406.50, including $7M of the 5% stock subscribed +to the Bank of the United States. The payment on account of public debt +made on [1829-07-01] was $8,715,462.87. It was apprehended that the sudden +withdrawal of so large a sum from the banks in which it was deposited, at a +time of unusual pressure in the money market, might cause much injury to +the interests dependent on bank accommodations. But this evil was wholly +averted by an early anticipation of it at the Treasury, aided by the +judicious arrangements of the officers of the Bank of the United States. + +This state of the finances exhibits the resources of the nation in an +aspect highly flattering to its industry and auspicious of the ability of +Government in a very short time to extinguish the public debt. When this +shall be done our population will be relieved from a considerable portion +of its present burthens, and will find not only new motives to patriotic +affection, but additional means for the display of individual enterprise. +The fiscal power of the States will also be increased, and may be more +extensively exerted in favor of education and other public objects, while +ample means will remain in the Federal Government to promote the general +weal in all the modes permitted to its authority. + +After the extinction of the public debt it is not probable that any +adjustment of the tariff upon principles satisfactory to the people of the +Union will until a remote period, if ever, leave the Government without a +considerable surplus in the Treasury beyond what may be required for its +current service. As, then, the period approaches when the application of +the revenue to the payment of debt will cease, the disposition of the +surplus will present a subject for the serious deliberation of Congress; +and it may be fortunate for the country that it is yet to be decided. + +Considered in connection with the difficulties which have heretofore +attended appropriations for purposes of internal improvement, and with +those which this experience tells us will certainly arise when ever power +over such subjects may be exercised by the Central Government, it is hoped +that it may lead to the adoption of some plan which will reconcile the +diversified interests of the States and strengthen the bonds which unite +them. Every member of the Union, in peace and in war, will be benefited by +the improvement of inland navigation and the construction of high ways in +the several States. Let us, then, endeavor to attain this benefit in a mode +which will be satisfactory to all. That hitherto adopted has by many of our +fellow citizens been deprecated as an infraction of the Constitution, while +by others it has been viewed as inexpedient. All feel that it has been +employed at the expense of harmony in the legislative councils. + +To avoid these evils it appears to me that the most safe, just, and federal +disposition which could be made of the surplus revenue would be its +apportionment among the several States according to their ratio of +representation, and should this measure not be found warranted by the +Constitution that it would be expedient to propose to the States an +amendment authorizings it. I regard an appeal to the source of power in +cases of real doubt, and where its exercise is deemed indispensable to the +general welfare, as among the most sacred of all our obligations. + +Upon this country more than any other has, in the providence of God, been +cast the special guardianship of the great principle of adherence to +written constitutions. If it fail here, all hope in regard to it will be +extinguished. + +That this was intended to be a government of limited and specific, and not +general, powers must be admitted by all, and it is our duty to preserve for +it the character intended by its framers. If experience points out the +necessity for an enlargement of these powers, let us apply for it to those +for whose benefit it is to be exercised, and not under-mine the whole +system by a resort to over-strained constructions. The scheme has worked +well. It has exceeded the hopes of those who devised it, and become an +object of admiration to the world. We are responsible to our country and to +the glorious cause of self-government for the preservation of so great a +good. + +The great mass of legislation relating to our internal affairs was intended +to be left where the Federal Convention found it -- in the State +governments. Nothing is clearer, in my view, than that we are chiefly +indebted for the success of the Constitution under which we are now acting +to the watchful and auxiliary operation of the State authorities. This is +not the reflection of a day, but belongs to the most deeply rooted +convictions of my mind. I can not, therefore, too strongly or too +earnestly, for my own sense of its importance, warn you against all +encroachments upon the legitimate sphere of State sovereignty. Sustained by +its healthful and invigorating influence the federal system can never +fall. + +In the collection of the revenue the long credits authorized on goods +imported from beyond the Cape of Good Hope are the chief cause of the +losses at present sustained. If these were shortened to 6, 9, and 12 +months, and ware-houses provided by Government sufficient to receive the +goods offered in deposit for security and for debenture, and if the right +of the United States to a priority of payment out of the estates of its +insolvent debtors were more effectually secured, this evil would in a great +measure be obviated. An authority to construct such houses is therefore, +with the proposed alteration of the credits, recommended to your +attention. + +It is worthy of notice that the laws for the collection and security of the +revenue arising from imposts were chiefly framed when the rates of duties +on imported goods presented much less temptation for illicit trade than at +present exists. There is reason to believe that these laws are in some +respects quite insufficient for the proper security of the revenue and the +protection of the interests of those who are disposed to observe them. The +injurious and demoralizing tendency of a successful system of smuggling is +so obvious as not to require comment, and can not be too carefully guarded +against. I therefore suggest to Congress the propriety of adopting +efficient measures to prevent this evil, avoiding, however, as much as +possible, every unnecessary infringement of individual liberty and +embarrassment of fair and lawful business. + +On an examination of the records of the Treasury I have been forcibly +struck with the large amount of public money which appears to be +outstanding. Of the sum thus due from individuals to the Government a +considerable portion is undoubtedly desperate, and in many instances has +probably been rendered so by remissness in the agents charged with its +collection. By proper exertions a great part, however, may yet be +recovered; and what ever may be the portions respectively belonging to +these two classes, it behooves the Government to ascertain the real state +of the fact. This can be done only by the prompt adoption of judicious +measures for the collection of such as may be made available. It is +believed that a very large amount has been lost through the inadequacy of +the means provided for the collection of debts due to the public, and that +this inadequacy lies chiefly in the want of legal skill habitually and +constantly employed in the direction of the agents engaged in the service. +It must, I think, be admitted that the supervisory power over suits brought +by the public, which is now vested in an *accounting* officer of the +Treasury, not selected with a view to his legal knowledge, and encumbered +as he is with numerous other duties, operates unfavorably to the public +interest. + +It is important that this branch of the public service should be subjected +to the supervision of such professional skill as will give it efficiency. +The expense attendant upon such a modification of the executive department +would be justified by the soundest principles of economy. I would +recommend, therefore, that the duties now assigned to the agent of the +Treasury, so far as they relate to the superintendence and management of +legal proceedings on the part of the United States, be transferred to the +Attorney General, and that this officer be placed on the same footing in +all respects as the heads of the other Departments, receiving like +compensation and having such subordinate officers provided for his +Department as may be requisite for the discharge of these additional +duties. The professional skill of the Attorney General, employed in +directing the conduct of marshals and district attorneys, would hasten the +collection of debts now in suit and hereafter save much to the Government. +It might be further extended to the superintendence of all criminal +proceedings for offenses against the United States. In making this transfer +great care should be taken, however, that the power necessary to the +Treasury Department be not impaired, 1 of its greatest securities +consisting in control over all accounts until they are audited or reported +for suit. + +In connection with the foregoing views I would suggest also an inquiry +whether the provisions of the act of Congress authorizing the discharge of +the persons of the debtors to the Government from imprisonment may not, +consistently with the public interest, be extended to the release of the +debt where the conduct of the debtor is wholly exempt from the imputation +of fraud. Some more liberal policy than that which now prevails in +reference to this unfortunate class of citizens is certainly due to them, +and would prove beneficial to the country. The continuance of the liability +after the means to discharge it have been exhausted can only serve to +dispirit the debtor; or, where his resources are but partial, the want of +power in the Government to compromise and release the demand instigates to +fraud as the only resource for securing a support to his family. He thus +sinks into a state of apathy, and becomes a useless drone in society or a +vicious member of it, if not a feeling witness of the rigor and inhumanity +of his country. All experience proves that oppressive debt is the bane of +enterprise, and it should be the care of a republic not to exert a grinding +power over misfortune and poverty. + +Since the last session of Congress numerous frauds on the Treasury have +been discovered, which I thought it my duty to bring under the cognizance +of the United States court for this district by a criminal prosecution. It +was my opinion and that of able counsel who were consulted that the cases +came within the penalties of the act of the 17th Congress approved +[1823-03-03], providing for punishment of frauds committed on the +Government of the United States. Either from some defect in the law or in +its administration every effort to bring the accused to trial under its +provisions proved ineffectual, and the Government was driven to the +necessity of resorting to the vague and inadequate provisions of the common +law. It is therefore my duty to call your attention to the laws which have +been passed for the protection of the Treasury. If, indeed, there be no +provision by which those who may be unworthily intrusted with its +guardianship can be punished for the most flagrant violation of duty, +extending even to the most fraudulent appropriation of the public funds to +their own use, it is time to remedy so dangerous an omission; or if the law +has been perverted from its original purposes, and criminals deserving to +be punished under its provisions have been rescued by legal subtleties, it +ought to be made so plain by amendatory provisions as to baffle the arts of +perversion and accomplish the ends of its original enactment. + +In one of the most flagrant causes the court decided that the prosecution +was barred by the statute which limits prosecutions for fraud to two years. +In this case all the evidences of the fraud, and, indeed, all knowledge +that a fraud had been committed, were in possession of the party accused +until after the two years had elapsed. Surely the statute ought not to run +in favor of any man while he retains all the evidences of his crime in his +own possession, and least of all in favor of a public officer who continues +to defraud the Treasury and conceal the transaction for the brief term of +two years. I would therefore recommend such an alteration of the law as +will give the injured party and the Government two years after the +disclosure of the fraud or after the accused is out of office to commence +their prosecution. + +In connection with this subject I invite the attention of Congress to a +general and minute inquiry into the condition of the Government, with a +view to ascertain what offices can be dispensed with, what expenses +retrenched, and what improvements may be made in the organization of its +various parts to secure the proper responsibility of public agents and +promote efficiency and justice in all its operations. + +The report of the Secretary of War will make you acquainted with the +condition of our Army, fortifications, arsenals, and Indian affairs. The +proper discipline of the Army, the training and equipment of the militia, +the education bestowed at West Point, and the accumulation of the means of +defense applicable to the naval force will tend to prolong the peace we now +enjoy, and which every good citizen, more especially those who have felt +the miseries of even a successful warfare, must ardently desire to +perpetuate. + +The returns from the subordinate branches of this service exhibit a +regularity and order highly creditable to its character. Both officers and +soldiers seem imbued with a proper sense of duty, and conform to the +restraints of exact discipline with that cheerfulness which becomes the +profession of arms. There is need, however, of further legislation to +obviate the inconveniences specified in the report under consideration, to +some of which it is proper that I should call your particular attention. + +The act of Congress of [1821-03-02], to reduce and fix the military +establishment, remaining unexecuted as it regards the command of 1 of the +regiments of artillery, can not now be deemed a guide to the Executive in +making the proper appointment. An explanatory act, designating the class of +officers out of which the grade is to be filled -- whether from the +military list as existing prior to the act of 1821 or from it as it has +been fixed by that act -- would remove this difficulty. It is also +important that the laws regulating the pay and emoluments of officers +generally should be more specific than they now are. Those, for example, in +relation to the PayMaster and Surgeon General assign to them an annual +salary of $2.500, but are silent as to allowances which in certain +exigencies of the service may be deemed indispensable to the discharge of +their duties. This circumstance has been the authority for extending to +them various allowances at different times under former Administrations, +but no uniform rule has been observed on the subject. Similar +inconveniences exist in other cases, in which the construction put upon the +laws by the public accountants may operate unequally, produce confusion, +and expose officers to the odium of claiming what is not their due. + +I recommend to your fostering care, as one of our safest means of national +defense, the Military Academy. This institution has already exercised the +happiest influence upon the moral and intellectual character of our Army; +and such of the graduates as from various causes may not pursue the +profession of arms will be scarcely less useful as citizens. Their +knowledge of the military art will be advantageously employed in the +militia service, and in a measure secure to that class of troops the +advantages which in this respect belong to standing armies. + +I would also suggest a review of the pension law, for the purpose of +extending its benefits to every Revolutionary soldier who aided in +establishing our liberties, and who is unable to maintain himself in +comfort. These relics of the War of Independence have strong claims upon +their country's gratitude and bounty. The law is defective in not embracing +within its provisions all those who were during the last war disabled from +supporting themselves by manual labor. Such an amendment would add but +little to the amount of pensions, and is called for by the sympathies of +the people as well as by considerations of sound policy. + +It will be perceived that a large addition to the list of pensioners has +been occasioned by an order of the late Administration, departing +materially from the rules which had previously prevailed. Considering it an +act of legislation, I suspended its operation as soon as I was informed +that it had commenced. Before this period, however, applications under the +new regulation had been preferred to the number of 154, of which, on [March +27], the date of its revocation, 87 were admitted. For the amount there was +neither estimate nor appropriation; and besides this deficiency, the +regular allowances, according to the rules which have heretofore governed +the Department, exceed the estimate of its late Secretary by about $50K, +for which an appropriation is asked. + +Your particular attention is requested to that part of the report of the +Secretary of War which relates to the money held in trust for the Seneca +tribe of Indians. It will be perceived that without legislative aid the +Executive can not obviate the embarrassments occasioned by the diminution +of the dividends on that fund, which originally amounted to $100,000, and +has recently been invested in United States 3% stock. + +The condition and ulterior destiny of the Indian tribes within the limits +of some of our States have become objects of much interest and importance. +It has long been the policy of Government to introduce among them the arts +of civilization, in the hope of gradually reclaiming them from a wandering +life. This policy has, however, been coupled with another wholly +incompatible with its success. Professing a desire to civilize and settle +them, we have at the same time lost no opportunity to purchase their lands +and thrust them farther into the wilderness. By this means they have not +only been kept in a wandering state, but been led to look upon us as unjust +and indifferent to their fate. Thus, though lavish in its expenditures upon +the subject, Government has constantly defeated its own policy, and the +Indians in general, receding farther and farther to the west, have retained +their savage habits. A portion, however, of the Southern tribes, having +mingled much with the whites and made some progress in the arts of +civilized life, have lately attempted to erect an independent government +within the limits of Georgia and Alabama. These States, claiming to be the +only sovereigns within their territories, extended their laws over the +Indians, which induced the latter to call upon the United States for +protection. + +Under these circumstances the question presented was whether the General +Government had a right to sustain those people in their pretensions. The +Constitution declares that "no new State shall be formed or erected within +the jurisdiction of any other State" without the consent of its +legislature. If the General Government is not permitted to tolerate the +erection of a confederate State within the territory of one of the members +of this Union against her consent, much less could it allow a foreign and +independent government to establish itself there. + +Georgia became a member of the Confederacy which eventuated in our Federal +Union as a sovereign State, always asserting her claim to certain limits, +which, having been originally defined in her colonial charter and +subsequently recognized in the treaty of peace, she has ever since +continued to enjoy, except as they have been circumscribed by her own +voluntary transfer of a portion of her territory to the United States in +the articles of cession of 1802. Alabama was admitted into the Union on the +same footing with the original States, with boundaries which were +prescribed by Congress. + +There is no constitutional, conventional, or legal provision which allows +them less power over the Indians within their borders than is possessed by +Maine or New York. Would the people of Maine permit the Penobscot tribe to +erect an independent government within their State? And unless they did +would it not be the duty of the General Government to support them in +resisting such a measure? Would the people of New York permit each remnant +of the six Nations within her borders to declare itself an independent +people under the protection of the United States? Could the Indians +establish a separate republic on each of their reservations in Ohio? And if +they were so disposed would it be the duty of this Government to protect +them in the attempt? If the principle involved in the obvious answer to +these questions be abandoned, it will follow that the objects of this +Government are reversed, and that it has become a part of its duty to aid +in destroying the States which it was established to protect. + +Actuated by this view of the subject, I informed the Indians inhabiting +parts of Georgia and Alabama that their attempt to establish an independent +government would not be countenanced by the Executive of the United States, +and advised them to emigrate beyond the Mississippi or submit to the laws +of those States. + +Our conduct toward these people is deeply interesting to our national +character. Their present condition, contrasted with what they once were, +makes a most powerful appeal to our sympathies. Our ancestors found them +the uncontrolled possessors of these vast regions. By persuasion and force +they have been made to retire from river to river and from mountain to +mountain, until some of the tribes have become extinct and others have left +but remnants to preserve for a while their once terrible names. Surrounded +by the whites with their arts of civilization, which by destroying the +resources of the savage doom him to weakness and decay, the fate of the +Mohegan, the Narragansett, and the Delaware is fast over-taking the +Choctaw, the Cherokee, and the Creek. That this fate surely awaits them if +they remain within the limits of the States does not admit of a doubt. +Humanity and national honor demand that every effort should be made to +avert so great a calamity. It is too late to inquire whether it was just in +the United States to include them and their territory within the bounds of +new States, whose limits they could control. That step can not be retraced. +A State can not be dismembered by Congress or restricted in the exercise of +her constitutional power. But the people of those States and of every +State, actuated by feelings of justice and a regard for our national honor, +submit to you the interesting question whether something can not be done, +consistently with the rights of the States, to preserve this much- injured +race. + +As a means of effecting this end I suggest for your consideration the +propriety of setting apart an ample district west of the Mississippi, and +without the limits of any State or Territory now formed, to be guaranteed +to the Indian tribes as long as they shall occupy it, each tribe having a +distinct control over the portion designated for its use. There they may be +secured in the enjoyment of governments of their own choice, subject to no +other control from the United States than such as may be necessary to +preserve peace on the frontier and between the several tribes. There the +benevolent may endeavor to teach them the arts of civilization, and, by +promoting union and harmony among them, to raise up an interesting +commonwealth, destined to perpetuate the race and to attest the humanity +and justice of this Government. + +This emigration should be voluntary, for it would be as cruel as unjust to +compel the aborigines to abandon the graves of their fathers and seek a +home in a distant land. But they should be distinctly informed that if they +remain within the limits of the States they must be subject to their laws. +In return for their obedience as individuals they will without doubt be +protected in the enjoyment of those possessions which they have improved by +their industry. But it seems to me visionary to suppose that in this state +of things claims can be allowed on tracts of country on which they have +neither dwelt nor made improvements, merely because they have seen them +from the mountain or passed them in the chase. Submitting to the laws of +the States, and receiving, like other citizens, protection in their persons +and property, they will ere long become merged in the mass of our +population. + +The accompanying report of the Secretary of the Navy will make you +acquainted with the condition and useful employment of that branch of our +service during the present year. Constituting as it does the best standing +security of this country against foreign aggression, it claims the especial +attention of Government. In this spirit the measures which since the +termination of the last war have been in operation for its gradual +enlargement were adopted, and it should continue to be cherished as the +off-spring of our national experience. It will be seen, however, that not +withstanding the great solicitude which has been manifested for the perfect +organization of this arm and the liberality of the appropriations which +that solicitude has suggested, this object has in many important respects +not been secured. + +In time of peace we have need of no more ships of war than are requisite to +the protection of our commerce. Those not wanted for this object must lay +in the harbors, where without proper covering they rapidly decay, and even +under the best precautions for their preservation must soon become useless. +Such is already the case with many of our finest vessels, which, though +unfinished, will now require immense sums of money to be restored to the +condition in which they were when committed to their proper element. + +On this subject there can be but little doubt that our best policy would be +to discontinue the building of ships of the first and second class, and +look rather to the possession of ample materials, prepared for the +emergencies of war, than to the number of vessels which we can float in a +season of peace, as the index of our naval power. Judicious deposits in +navy yards of timber and other materials, fashioned under the hands of +skillful work-men and fitted for prompt application to their various +purposes, would enable us at all times to construct vessels as fast as they +can be manned, and save the heavy expense of repairs, except to such +vessels as must be employed in guarding our commerce. + +The proper points for the establishment of these yards are indicated with +so much force in the report of the Navy Board that in recommending it to +your attention I deem it unnecessary to do more than express my hearty +concurrence in their views. The yard in this District, being already +furnished with most of the machinery necessary for ship building, will be +competent to the supply of the two selected by the Board as the best for +the concentration of materials, and, from the facility and certainty of +communication between them, it will be useless to incur at those depots the +expense of similar machinery, especially that used in preparing the usual +metallic and wooden furniture of vessels. + +Another improvement would be effected by dispensing altogether with the +Navy Board as now constituted, and substituting in its stead bureaux +similar to those already existing in the War Department. Each member of the +Board, transferred to the head of a separate bureau charged with specific +duties, would feel in its highest degree that wholesome responsibility +which can not be divided without a far more than proportionate diminution +of its force. Their valuable services would become still more so when +separately appropriated to distinct portions of the great interests of the +Navy, to the prosperity of which each would be impelled to devote himself +by the strongest motives. Under such an arrangement every branch of this +important service would assume a more simple and precise character, its +efficiency would be increased, and scrupulous economy in the expenditure of +public money promoted. + +I would also recommend that the Marine Corps be merged in the artillery or +infantry, as the best mode of curing the many defects in its organization. +But little exceeding in number any of the regiments of infantry, that corps +has, besides its lieutenant-colonel commandant, five brevet +lieutenant-colonels, who receive the full pay and emoluments of their +brevet rank, without rendering proportionate service. Details for marine +service could as well be made from the artillery or infantry, there being +no peculiar training requisite for it. + +With these improvements, and such others as zealous watchfulness and mature +consideration may suggest, there can be little doubt that under an +energetic administration of its affairs the Navy may soon be made every +thing that the nation wishes it to be. Its efficiency in the suppression of +piracy in the West India seas, and wherever its squadrons have been +employed in securing the interests of the country, will appear from the +report of the Secretary, to which I refer you for other interesting +details. Among these I would bespeak the attention of Congress for the +views presented in relation to the inequality between the Army and Navy as +to the pay of officers. No such inequality should prevail between these +brave defenders of their country, and where it does exist it is submitted +to Congress whether it ought not to be rectified. + +The report of the PostMaster General is referred to as exhibiting a highly +satisfactory administration of that Department. Abuses have been reformed, +increased expedition in the transportation of the mail secured, and its +revenue much improved. In a political point of view this Department is +chiefly important as affording the means of diffusing knowledge. It is to +the body politic what the veins and arteries are to the natural -- +conveying rapidly and regularly to the remotest parts of the system correct +information of the operations of the Government, and bringing back to it +the wishes and feelings of the people. Through its agency we have secured +to ourselves the full enjoyment of the blessings of a free press. + +In this general survey of our affairs a subject of high importance presents +itself in the present organization of the judiciary. An uniform operation +of the Federal Government in the different States is certainly desirable, +and existing as they do in the Union on the basis of perfect equality, each +State has a right to expect that the benefits conferred on the citizens of +others should be extended to hers. The judicial system of the United States +exists in all its efficiency in only fifteen members of the Union; to three +others the circuit courts, which constitute an important part of that +system, have been imperfectly extended, and to the remaining 6 altogether +denied. The effect has been to withhold from the inhabitants of the latter +the advantages afforded (by the Supreme Court) to their fellow citizens in +other States in the whole extent of the criminal and much of the civil +authority of the Federal judiciary. That this state of things ought to be +remedied, if it can be done consistently with the public welfare, is not to +be doubted. Neither is it to be disguised that the organization of our +judicial system is at once a difficult and delicate task. To extend the +circuit courts equally throughout the different parts of the Union, and at +the same time to avoid such a multiplication of members as would encumber +the supreme appellate tribunal, is the object desired. Perhaps it might be +accomplished by dividing the circuit judges into two classes, and providing +that the Supreme Court should be held by these classes alternately, the +Chief Justice always presiding. + +If an extension of the circuit court system to those States which do not +now enjoy its benefits should be determined upon, it would of course be +necessary to revise the present arrangement of the circuits; and even if +that system should not be enlarged, such a revision is recommended. + +A provision for taking the census of the people of the United States will, +to insure the completion of that work within a convenient time, claim the +early attention of Congress. + +The great and constant increase of business in the Department of State +forced itself at an early period upon the attention of the Executive. +Thirteen years ago it was, in Mr. Madison's last message to Congress, made +the subject of an earnest recommendation, which has been repeated by both +of his successors; and my comparatively limited experience has satisfied me +of its justness. It has arisen from many causes, not the least of which is +the large addition that has been made to the family of independent nations +and the proportionate extension of our foreign relations. The remedy +proposed was the establishment of a home department -- a measure which does +not appear to have met the views of Congress on account of its supposed +tendency to increase, gradually and imperceptibly, the already too strong +bias of the federal system toward the exercise of authority not delegated +to it. I am not, therefore, disposed to revive the recommendation, but am +not the less impressed with the importance of so organizing that Department +that its Secretary may devote more of his time to our foreign relations. +Clearly satisfied that the public good would be promoted by some suitable +provision on the subject, I respectfully invite your attention to it. + +The charter of the Bank of the United States expires in 1836, and its stock +holders will most probably apply for a renewal of their privileges. In +order to avoid the evils resulting from precipitancy in a measure involving +such important principles and such deep pecuniary interests, I feel that I +can not, in justice to the parties interested, too soon present it to the +deliberate consideration of the Legislature and the people. Both the +constitutionality and the expediency of the law creating this bank are well +questioned by a large portion of our fellow citizens, and it must be +admitted by all that it has failed in the great end of establishing an +uniform and sound currency. + +Under these circumstances, if such an institution is deemed essential to +the fiscal operations of the Government, I submit to the wisdom of the +Legislature whether a national one, founded upon the credit of the +Government and its revenues, might not be devised which would avoid all +constitutional difficulties and at the same time secure all the advantages +to the Government and country that were expected to result from the present +bank. + +I can not close this communication without bringing to your view the just +claim of the representatives of Commodore Decatur, his officers and crew, +arising from the recapture of the frigate Philadelphia under the heavy +batteries of Tripoli. Although sensible, as a general rule, of the +impropriety of Executive interference under a Government like ours, where +every individual enjoys the right of directly petitioning Congress, yet, +viewing this case as one of very peculiar character, I deem it my duty to +recommend it to your favorable consideration. Besides the justice of this +claim, as corresponding to those which have been since recognized and +satisfied, it is the fruit of a deed of patriotic and chivalrous daring +which infused life and confidence into our infant Navy and contributed as +much as any exploit in its history to elevate our national character. +Public gratitude, therefore, stamps her seal upon it, and the meed should +not be withheld which may here after operate as a stimulus to our gallant +tars. + +I now commend you, fellow citizens, to the guidance of Almighty God, with a +full reliance on His merciful providence for the maintenance of our free +institutions, and with an earnest supplication that what ever errors it may +be my lot to commit in discharging the arduous duties which have devolved +on me will find a remedy in the harmony and wisdom of your counsels. + +*** + +State of the Union Address +Andrew Jackson +December 6, 1830 + +Fellow Citizens of the Senate and of the House of Representatives: + +The pleasure I have in congratulating you upon your return to your +constitutional duties is much heightened by the satisfaction which the +condition of our beloved country at this period justly inspires. The +beneficent Author of All Good has granted to us during the present year +health, peace, and plenty, and numerous causes for joy in the wonderful +success which attends the progress of our free institutions. + +With a population unparalleled in its increase, and possessing a character +which combines the hardihood of enterprise with the considerateness of +wisdom, we see in every section of our happy country a steady improvement +in the means of social intercourse, and correspondent effects upon the +genius and laws of our extended Republic. + +The apparent exceptions to the harmony of the prospect are to be referred +rather to inevitable diversities in the various interests which enter into +the composition of so extensive a whole than any want of attachment to the +Union -- interests whose collisions serve only in the end to foster the +spirit of conciliation and patriotism so essential to the preservation of +that Union which I most devoutly hope is destined to prove imperishable. + +In the midst of these blessings we have recently witnessed changes in the +conditions of other nations which may in their consequences call for the +utmost vigilance, wisdom, and unanimity in our councils, and the exercise +of all the moderation and patriotism of our people. + +The important modifications of their Government, effected with so much +courage and wisdom by the people of France, afford a happy presage of their +future course, and have naturally elicited from the kindred feelings of +this nation that spontaneous and universal burst of applause in which you +have participated. In congratulating you, my fellow citizens, upon an event +so auspicious to the dearest interests of man- kind I do no more than +respond to the voice of my country, without transcending in the slightest +degree that salutary maxim of the illustrious Washington which enjoins an +abstinence from all interference with the internal affairs of other +nations. From a people exercising in the most unlimited degree the right of +self-government, and enjoying, as derived from this proud characteristic, +under the favor of Heaven, much of the happiness with which they are +blessed; a people who can point in triumph to their free institutions and +challenge comparison with the fruits they bear, as well as with the +moderation, intelligence, and energy with which they are administered -- +from such a people the deepest sympathy was to be expected in a struggle +for the sacred principles of liberty, conducted in a spirit every way +worthy of the cause, and crowned by a heroic moderation which has disarmed +revolution of its terrors. Not withstanding the strong assurances which the +man whom we so sincerely love and justly admire has given to the world of +the high character of the present King of the French, and which if +sustained to the end will secure to him the proud appellation of Patriot +King, it is not in his success, but in that of the great principle which +has borne him to the throne -- the paramount authority of the public will +-- that the American people rejoice. + +I am happy to inform you that the anticipations which were indulged at the +date of my last communication on the subject of our foreign affairs have +been fully realized in several important particulars. + +An arrangement has been effected with Great Britain in relation to the +trade between the United States and her West India and North American +colonies which has settled a question that has for years afforded matter +for contention and almost uninterrupted discussion, and has been the +subject of no less than six negotiations, in a manner which promises +results highly favorable to the parties. + +The abstract right of Great Britain to monopolize the trade with her +colonies or to exclude us from a participation therein has never been +denied by the United States. But we have contended, and with reason, that +if at any time Great Britain may desire the productions of this country as +necessary to her colonies they must be received upon principles of just +reciprocity, and, further, that it is making an invidious and unfriendly +distinction to open her colonial ports to the vessels of other nations and +close them against those of the United States. + +Antecedently to 1794 a portion of our productions was admitted into the +colonial islands of Great Britain by particular concessions, limited to the +term of one year, but renewed from year to year. In the transportation of +these productions, however, our vessels were not allowed to engage, this +being a privilege reserved to British shipping, by which alone our produce +could be taken to the islands and theirs brought to us in return. From +Newfoundland and her continental possessions all our productions, as well +as our vessels, were excluded, with occasional relaxations, by which, in +seasons of distress, the former were admitted in British bottoms. + +By the treaty of 1794 she offered to concede to us for a limited time the +right of carrying to her West India possessions in our vessels not +exceeding 70 tons burthen, and upon the same terms as British vessels, any +productions of the United States which British vessels might import +therefrom. But this privilege was coupled with conditions which are +supposed to have led to its rejection by the Senate; that is, that American +vessels should land their return cargoes in the United States only, and, +moreover, that they should during the continuance of the privilege be +precluded from carrying molasses, sugar, coffee, cocoa, or cotton either +from those islands or from the United States to any other part of the +world. Great Britain readily consented to expunge this article from the +treaty, and subsequent attempts to arrange the terms of the trade either by +treaty stipulations or concerted legislation have failed, it has been +successively suspended and allowed according to the varying legislation of +the parties. + +The following are the prominent points which have in later years separated +the two Governments: Besides a restriction whereby all importations into +her colonies in American vessels are confined to our own products carried +hence, a restriction to which it does not appear that we have ever +objected, a leading object on the part of Great Britain has been to prevent +us from becoming the carriers of British West India commodities to any +other country than our own. On the part of the United States it has been +contended, first, that the subject should be regulated by treaty +stipulation in preference to separate legislation; second, that our +productions, when imported into the colonies in question, should not be +subject to higher duties than the productions of the mother country or of +her other colonial possessions, and, 3rd, that our vessels should be +allowed to participate in the circuitous trade between the United States +and different parts of the British dominions. + +The first point, after having been for a long time strenuously insisted +upon by Great Britain, was given up by the act of Parliament of [1825- 07], +all vessels suffered to trade with the colonies being permitted to clear +from thence with any articles which British vessels might export and +proceed to any part of the world, Great Britain and her dependencies alone +excepted. On our part each of the above points had in succession been +explicitly abandoned in negotiations preceding that of which the result is +now announced. + +This arrangement secures to the United States every advantage asked by +them, and which the state of the negotiation allowed us to insist upon. The +trade will be placed upon a footing decidedly more favorable to this +country than any on which it ever stood, and our commerce and navigation +will enjoy in the colonial ports of Great Britain every privilege allowed +to other nations. + +That the prosperity of the country so far as it depends on this trade will +be greatly promoted by the new arrangement there can be no doubt. +Independently of the more obvious advantages of an open and direct +intercourse, its establishment will be attended with other consequences of +a higher value. That which has been carried on since the mutual interdict +under all the expense and inconvenience unavoidably incident to it would +have been insupportably onerous had it not been in a great degree lightened +by concerted evasions in the mode of making the transshipments at what are +called the neutral ports. These indirections are inconsistent with the +dignity of nations that have so many motives not only to cherish feelings +of mutual friendship, but to maintain such relations as will stimulate +their respective citizens and subjects to efforts of direct, open, and +honorable competition only, and preserve them from the influence of +seductive and vitiating circumstances. + +When your preliminary interposition was asked at the close of the last +session, a copy of the instructions under which Mr. McLane has acted, +together with the communications which had at that time passed between him +and the British Government, was laid before you. Although there has not +been any thing in the acts of the two Governments which requires secrecy, +it was thought most proper in the then state of the negotiation to make +that communication a confidential one. So soon, however, as the evidence of +execution on the part of Great Britain is received the whole matter shall +be laid before you, when it will be seen that the apprehension which +appears to have suggested one of the provisions of the act passed at your +last session, that the restoration of the trade in question might be +connected with other subjects and was sought to be obtained at the +sacrifice of the public interest in other particulars, was wholly +unfounded, and that the change which has taken place in the views of the +British Government has been induced by considerations as honorable to both +parties as I trust the result will prove beneficial. + +This desirable result was, it will be seen, greatly promoted by the liberal +and confiding provisions of the act of Congress of the last session, by +which our ports were upon the reception and annunciation by the President +of the required assurance on the part of Great Britain forthwith opened to +her vessels before the arrangement could be carried into effect on her +part, pursuing in this act of prospective legislation a similar course to +that adopted by Great Britain in abolishing, by her act of Parliament in +1825, a restriction then existing and permitting our vessels to clear from +the colonies on their return voyages for any foreign country whatever +before British vessels had been relieved from the restriction imposed by +our law of returning directly from the United States to the colonies, a +restriction which she required and expected that we should abolish. Upon +each occasion a limited and temporary advantage has been given to the +opposite party, but an advantage of no importance in comparison with the +restoration of mutual confidence and good feeling, and the ultimate +establishment of the trade upon fair principles. + +It gives me unfeigned pleasure to assure you that this negotiation has been +throughout characterized by the most frank and friendly spirit on the part +of Great Britain, and concluded in a manner strongly indicative of a +sincere desire to cultivate the best relations with the United States. To +reciprocate this disposition to the fullest extent of my ability is a duty +which I shall deem it a privilege to discharge. + +Although the result is itself the best commentary on the services rendered +to his country by our minister at the Court of St. James, it would be doing +violence to my feelings were I to dismiss the subject without expressing +the very high sense I entertain of the talent and exertion which have been +displayed by him on the occasion. + +The injury to the commerce of the United States resulting from the +exclusion of our vessels from the Black Sea and the previous footing of +mere sufferance upon which even the limited trade enjoyed by us with Turkey +has hitherto been placed have for a long time been a source of much +solicitude to this Government, and several endeavors have been made to +obtain a better state of things. Sensible of the importance of the object, +I felt it my duty to leave no proper means unemployed to acquire for our +flag the same privileges that are enjoyed by the principal powers of +Europe. Commissioners were consequently appointed to open a negotiation +with the Sublime Porte. Not long after the member of the commission who +went directly from the United States had sailed, the account of the treaty +of Adrianople, by which one of the objects in view was supposed to be +secured, reached this country. The Black Sea was understood to be opened to +us. Under the supposition that this was the case, the additional facilities +to be derived from the establishment of commercial regulations with the +Porte were deemed of sufficient importance to require a prosecution of the +negotiation as originally contemplated. It was therefore persevered in, and +resulted in a treaty, which will be forthwith laid before the Senate. + +By its provisions a free passage is secured, without limitations of time, +to the vessels of the United States to and from the Black Sea, including +the navigation thereof, and our trade with Turkey is placed on the footing +of the most favored nation. The latter is an arrangement wholly independent +of the treaty of Adrianople, and the former derives much value, not only +from the increased security which under any circumstances it would give to +the right in question, but from the fact, ascertained in the course of the +negotiation, that by the construction put upon that treaty by Turkey the +article relating to the passage of the Bosphorus is confined to nations +having treaties with the Porte. The most friendly feelings appear to be +entertained by the Sultan, and an enlightened disposition is evinced by him +to foster the intercourse between the two countries by the most liberal +arrangements. This disposition it will be our duty and interest to +cherish. + +Our relations with Russia are of the most stable character. Respect for +that Empire and confidence in its friendship toward the United States have +been so long entertained on our part and so carefully cherished by the +present Emperor and his illustrious predecessor as to have become +incorporated with the public sentiment of the United States. No means will +be left unemployed on my part to promote these salutary feelings and those +improvements of which the commercial intercourse between the two countries +is susceptible, and which have derived increased importance from our treaty +with the Sublime Porte. + +I sincerely regret to inform you that our minister lately commissioned to +that Court, on whose distinguished talents and great experience in public +affairs I place great reliance, has been compelled by extreme indisposition +to exercise a privilege which, in consideration of the extent to which his +constitution had been impaired in the public service, was committed to his +discretion -- of leaving temporarily his post for the advantage of a more +genial climate. + +If, as it is to be hoped, the improvement of his health should be such as +to justify him in doing so, he will repair to St. Petersburg and resume the +discharge of his official duties. I have received the most satisfactory +assurances that in the mean time the public interest in that quarter will +be preserved from prejudice by the intercourse which he will continue +through the secretary of legation with the Russian cabinet. + +You are apprised, although the fact has not yet been officially announced +to the House of Representatives, that a treaty was in the month of March +last concluded between the United States, and Denmark, by which $650K are +secured to our citizens as an indemnity for spoliations upon their commerce +in the years 1808, 1809, 1810, and 1811. This treaty was sanctioned by the +Senate at the close of its last session, and it now becomes the duty of +Congress to pass the necessary laws for the organization of the board of +commissioners to distribute the indemnity among the claimants. It is an +agreeable circumstance in this adjustment that the terms are in conformity +with the previously ascertained views of the claimants themselves, thus +removing all pretense for a future agitation of the subject in any form. + +The negotiations in regard to such points in our foreign relations as +remain to be adjusted have been actively prosecuted during the recess. +Material advances have been made, which are of a character to promise +favorable results. Our country, by the blessing of God, is not in a +situation to invite aggression, and it will be our fault if she ever +becomes so. Sincerely desirous to cultivate the most liberal and friendly +relations with all; ever ready to fulfill our engagements with scrupulous +fidelity; limiting our demands upon others to mere justice; holding +ourselves ever ready to do unto them as we would wish to be done by, and +avoiding even the appearance of undue partiality to any nation, it appears +to me impossible that a simple and sincere application of our principles to +our foreign relations can fail to place them ultimately upon the footing on +which it is our wish they should rest. + +Of the points referred to, the most prominent are our claims upon France +for spoliations upon our commerce; similar claims upon Spain, together with +embarrassments in the commercial intercourse between the two countries +which ought to be removed; the conclusion of the treaty of commerce and +navigation with Mexico, which has been so long in suspense, as well as the +final settlement of limits between ourselves and that Republic, and, +finally, the arbitrament of the question between the United States and +Great Britain in regard to the north-eastern boundary. + +The negotiation with France has been conducted by our minister with zeal +and ability, and in all respects to my entire satisfaction. Although the +prospect of a favorable termination was occasionally dimmed by counter +pretensions to which the United States could not assent, he yet had strong +hopes of being able to arrive at a satisfactory settlement with the late +Government. The negotiation has been renewed with the present authorities, +and, sensible of the general and lively confidence of our citizens in the +justice and magnanimity of regenerated France, I regret the more not to +have it in my power yet to announce the result so confidently anticipated. +No ground, however, inconsistent with this expectation has yet been taken, +and I do not allow myself to doubt that justice will soon be done us. The +amount of the claims, the length of time they have remained unsatisfied, +and their incontrovertible justice make an earnest prosecution of them by +this Government an urgent duty. The illegality of the seizures and +confiscations out of which they have arisen is not disputed, and what ever +distinctions may have heretofore been set up in regard to the liability of +the existing Government it is quite clear that such considerations can not +now be interposed. + +The commercial intercourse between the two countries is susceptible of +highly advantageous improvements, but the sense of this injury has had, and +must continue to have, a very unfavorable influence upon them. From its +satisfactory adjustment not only a firm and cordial friendship, but a +progressive development of all their relations, may be expected. It is, +therefore, my earnest hope that this old and vexatious subject of +difference may be speedily removed. + +I feel that my confidence in our appeal to the motives which should govern +a just and magnanimous nation is alike warranted by the character of the +French people and by the high voucher we possess for the enlarged views and +pure integrity of the Monarch who now presides over their councils, and +nothing shall be wanting on my part to meet any manifestation of the spirit +we anticipate in one of corresponding frankness and liberality. + +The subjects of difference with Spain have been brought to the view of that +Government by our minister there with much force and propriety, and the +strongest assurances have been received of their early and favorable +consideration. + +The steps which remained to place the matter in controversy between Great +Britain and the United States fairly before the arbitrator have all been +taken in the same liberal and friendly spirit which characterized those +before announced. Recent events have doubtless served to delay the +decision, but our minister at the Court of the distinguished arbitrator has +been assured that it will be made within the time contemplated by the +treaty. + +I am particularly gratified in being able to state that a decidedly +favorable, and, as I hope, lasting, change has been effected in our +relations with the neighboring Republic of Mexico. The unfortunate and +unfounded suspicions in regard to our disposition which it became my +painful duty to advert to on a former occasion have been, I believe, +entirely removed, and the Government of Mexico has been made to understand +the real character of the wishes and views of this in regard to that +country. The consequences is the establishment of friendship and mutual +confidence. Such are the assurances I have received, and I see no cause to +doubt their sincerity. + +I had reason to expect the conclusion of a commercial treaty with Mexico in +season for communication on the present occasion. Circumstances which are +not explained, but which I am persuaded are not the result of an +indisposition on her part to enter into it, have produced the delay. + +There was reason to fear in the course of the last summer that the harmony +of our relations might be disturbed by the acts of certain claimants, under +Mexican grants, of territory which had hitherto been under our +jurisdiction. The cooperation of the representative of Mexico near this +Government was asked on the occasion and was readily afforded. Instructions +and advice have been given to the governor of Arkansas and the officers in +command in the adjoining Mexican State by which it is hoped the quiet of +that frontier will be preserved until a final settlement of the dividing +line shall have removed all ground of controversy. + +The exchange of ratifications of the treaty concluded last year with +Austria has not yet taken place. The delay has been occasioned by the +non-arrival of the ratification of that Government within the time +prescribed by the treaty. Renewed authority has been asked for by the +representative of Austria, and in the mean time the rapidly increasing +trade and navigation between the two countries have been placed upon the +most liberal footing of our navigation acts. + +Several alleged depredations have been recently committed on our commerce +by the national vessels of Portugal. They have been made the subject of +immediate remonstrance and reclamation. I am not yet possessed of +sufficient information to express a definitive opinion of their character, +but expect soon to receive it. No proper means shall be omitted to obtain +for our citizens all the redress to which they may appear to be entitled. + +Almost at the moment of the adjournment of your last session two bills -- +the one entitled "An act for making appropriations for building light +houses, light boats, beacons, and monuments, placing buoys, and for +improving harbors and directing surveys", and the other "An act to +authorize a subscription for stock in the Louisville and Portland Canal +Company" -- were submitted for my approval. It was not possible within the +time allowed for me before the close of the session to give to these bills +the consideration which was due to their character and importance, and I +was compelled to retain them for that purpose. I now avail myself of this +early opportunity to return them to the Houses in which they respectively +originated with the reasons which, after mature deliberation, compel me to +withhold my approval. + +The practice of defraying out of the Treasury of the United States the +expenses incurred by the establishment and support of light houses, +beacons, buoys, and public piers within the bays, inlets, harbors, and +ports of the United States, to render the navigation thereof safe and easy, +is coeval with the adoption of the Constitution, and has been continued +without interruption or dispute. + +As our foreign commerce increased and was extended into the interior of the +country by the establishment of ports of entry and delivery upon our +navigable rivers the sphere of those expenditures received a corresponding +enlargement. Light houses, beacons, buoys, public piers, and the removal of +sand bars, sawyers, and other partial or temporary impediments in the +navigable rivers and harbors which were embraced in the revenue districts +from time to time established by law were authorized upon the same +principle and the expense defrayed in the same manner. That these expenses +have at times been extravagant and disproportionate is very probable. The +circumstances under which they are incurred are well calculated to lead to +such a result unless their application is subjected to the closest +scrutiny. The local advantages arising from the disbursement of public +money too frequently, it is to be feared, invite appropriations for objects +of this character that are neither necessary nor useful. + +The number of light house keepers is already very large, and the bill +before me proposes to add to it 51 more of various descriptions. From +representations upon the subject which are understood to be entitled to +respect I am induced to believe that there has not only been great +improvidence in the past expenditures of the Government upon these objects, +but that the security of navigation has in some instances been diminished +by the multiplication of light houses and consequent change of lights upon +the coast. It is in this as in other respects our duty to avoid all +unnecessary expense, as well as every increase of patronage not called for +by the public service. + +But in the discharge of that duty in this particular it must not be +forgotten that in relation to our foreign commerce the burden and benefit +of protecting and accommodating it necessarily go together, and must do so +as long as the public revenue is drawn from the people through the custom +house. It is indisputable that whatever gives facility and security to +navigation cheapens imports and all who consume them are alike interested +in what ever produces this effect. If they consume, they ought, as they now +do, to pay; otherwise they do not pay. The consumer in the most inland +State derives the same advantage from every necessary and prudent +expenditure for the facility and security of our foreign commerce and +navigation that he does who resides in a maritime State. Local expenditures +have not of themselves a corresponding operation. + +From a bill making *direct* appropriations for such objects I should not +have withheld my assent. The one now returned does so in several +particulars, but it also contains appropriations for surveys of local +character, which I can not approve. It gives me satisfaction to find that +no serious inconvenience has arisen from withholding my approval from this +bill; nor will it, I trust, be cause of regret that an opportunity will be +thereby afforded for Congress to review its provisions under circumstances +better calculated for full investigation than those under which it was +passed. + +In speaking of direct appropriations I mean not to include a practice which +has obtained to some extent, and to which I have in one instance, in a +different capacity, given my assent -- that of subscribing to the stock of +private associations. Positive experience and a more thorough consideration +of the subject have convinced me of the impropriety as well as inexpediency +of such investments. All improvements effected by the funds of the nation +for general use should be open to the enjoyment of all our fellow citizens, +exempt from the payment of tolls or any imposition of that character. The +practice of thus mingling the concerns of the Government with those of the +States or of individuals is inconsistent with the object of its institution +and highly impolite. The successful operation of the federal system can +only be preserved by confining it to the few and simple, but yet important, +objects for which it was designed. + +A different practice, if allowed to progress, would ultimately change the +character of this Government by consolidating into one the General and +State Governments, which were intended to be kept for ever distinct. I can +not perceive how bills authorizing such subscriptions can be otherwise +regarded than as bills for revenue, and consequently subject to the rule in +that respect prescribed by the Constitution. If the interest of the +Government in private companies is subordinate to that of individuals, the +management and control of a portion of the public funds is delegated to an +authority unknown to the Constitution and beyond the supervision of our +constituents; if superior, its officers and agents will be constantly +exposed to imputations of favoritism and oppression. Direct prejudice the +public interest or an alienation of the affections and respect of portions +of the people may, therefore, in addition to the general dis-credit +resulting to the Government from embarking with its constituents in +pecuniary stipulations, be looked for as the probable fruit of such +associations. It is no answer to this objection to say that the extent of +consequences like these can not be great from a limited and small number of +investments, because experience in other matters teaches us -- and we are +not at liberty to disregard its admonitions -- that unless an entire stop +be put to them it will soon be impossible to prevent their accumulation +until they are spread over the whole country and made to embrace many of +the private and appropriate concerns of individuals. + +The power which the General Government would acquire within the several +States by becoming the principal stock-holder in corporations, controlling +every canal and each 60 or 100 miles of every important road, and giving a +proportionate vote in all their elections, is almost inconceivable, and in +my view dangerous to the liberties of the people. + +This mode of aiding such works is also in its nature deceptive, and in many +cases conducive to improvidence in the administration of the national +funds. Appropriations will be obtained with much greater facility and +granted with less security to the public interest when the measure is thus +disguised than when definite and direct expenditures of money are asked +for. The interests of the nation would doubtless be better served by +avoiding all such indirect modes of aiding particular objects. In a +government like ours more especially should all public acts be, as far as +practicable, simple, undisguised, and intelligible, that they may become +fit subjects for the approbation to animadversion of the people. + +The bill authorizing a subscription to the Louisville and Portland Canal +affords a striking illustration of the difficulty of withholding additional +appropriations for the same object when the first erroneous step has been +taken by instituting a partnership between the Government and private +companies. It proposes a third subscription on the part of the United +States, when each preceding one was at the time regarded as the extent of +the aid which Government was to render to that work; and the accompanying +bill for light houses, etc., contains an appropriation for a survey of the +bed of the river, with a view to its improvement by removing the +obstruction which the canal is designed to avoid. This improvement, if +successful, would afford a free passage of the river and render the canal +entirely useless. To such improvidence is the course of legislation subject +in relation to internal improvements on local matters, even with the best +intentions on the part of Congress. + +Although the motives which have influenced me in this matter may be already +sufficiently stated, I am, never the less, induced by its importance to add +a few observations of a general character. + +In my objections to the bills authorizing subscriptions to the Maysville +and Rockville road companies I expressed my views fully in regard to the +power of Congress to construct roads and canals within a State of to +appropriate money for improvements of a local character. I at the same time +intimated me belief that the right to make appropriations for such as were +of a national character had been so generally acted upon and so long +acquiesced in by the Federal and State Governments and the constituents of +each as to justify its exercise on the ground of continued and +uninterrupted usage, but that it was, never the less, highly expedient that +appropriations even of that character should, with the exception made at +the time, be deferred until the national debt is paid, and that in the mean +while some general rule for the action of the Government in that respect +ought to be established. + +These suggestions were not necessary to the decision of the question then +before me, and were, I readily admit, intended to awake the attention and +draw forth the opinion and observations of our constituents upon a subject +of the highest importance to their interests, and 1 destined to exert a +powerful influence upon the future operations of our political system. I +know of no tribunal to which a public man in this country, in a case of +doubt and difficulty, can appeal with greater advantage or more propriety +than the judgment of the people; and although I must necessarily in the +discharge of my official duties be governed by the dictates of my own +judgment, I have no desire to conceal my anxious wish to conform as far as +I can to the views of those for whom I act. + +All irregular expressions of public opinion are of necessity attended with +some doubt as to their accuracy, but making full allowances on that account +I can not, I think, deceive myself in believing that the acts referred to, +as well as the suggestions which I allowed myself to make in relation to +their bearing upon the future operations of the Government, have been +approved by the great body of the people. That those whose immediate +pecuniary interests are to be affected by proposed expenditures should +shrink from the application of a rule which prefers their more general and +remote interests to those which are personal and immediate is to be +expected. But even such objections must from the nature of our population +be but temporary in their duration, and if it were otherwise our course +should be the same, for the time is yet, I hope, far distant when those +intrusted with power to be exercised for the good of the whole will +consider it either honest or wise to purchase local favors at the sacrifice +of principle and general good. + +So understanding public sentiment, and thoroughly satisfied that the best +interests of our common country imperiously require that the course which I +have recommended in this regard should be adopted, I have, upon the most +mature consideration, determined to pursue it. + +It is due to candor, as well as to my own feelings, that I should express +the reluctance and anxiety which I must at all times experience in +exercising the undoubted right of the Executive to withhold his assent from +bills on other grounds than their constitutionality. That this right should +not be exercised on slight occasions all will admit. It is only in matters +of deep interest, when the principle involved may be justly regarded as +next in importance to infractions of the Constitution itself, that such a +step can be expected to meet with the approbation of the people. Such an +occasion do I conscientiously believe the present to be. + +In the discharge of this delicate and highly responsible duty I am +sustained by the reflection that the exercise of this power has been deemed +consistent with the obligation of official duty by several of my +predecessors, and by the persuasion, too, that what ever liberal +institutions may have to fear from the encroachments of Executive power, +which has been every where the cause of so much strife and bloody +contention, but little danger is to be apprehended from a precedent by +which that authority denies to itself the exercise of powers that bring in +their train influence and patronage of great extent, and thus excludes the +operation of personal interests, every where the bane of official trust. + +I derive, too, no small degree of satisfaction from the reflection that if +I have mistaken the interests and wishes of the people the Constitution +affords the means of soon redressing the error by selecting for the place +their favor has bestowed upon me a citizen whose opinions may accord with +their own. I trust, in the mean time, the interests of the nation will be +saved from prejudice by a rigid application of that portion of the public +funds which might otherwise be applied to different objects to that highest +of all our obligations, the payment of the public debt, and an opportunity +be afforded for the adoption of some better rule for the operations of the +Government in this matter than any which has hitherto been acted upon. + +Profoundly impressed with the importance of the subject, not merely as +relates to the general prosperity of the country, but to the safety of the +federal system, I can not avoid repeating my earnest hope that all good +citizens who take a proper interest in the success and harmony of our +admirable political institutions, and who are incapable of desiring to +convert an opposite state of things into means for the gratification of +personal ambition, will, laying aside minor considerations and discarding +local prejudices, unite their honest exertions to establish some fixed +general principle which shall be calculated to effect the greatest extent +of public good in regard to the subject of internal improvement, and afford +the least ground for sectional discontent. + +The general grounds of my objection to local appropriations have been +heretofore expressed, and I shall endeavor to avoid a repetition of what +has been already urged -- the importance of sustaining the State +sovereignties as far as is consistent with the rightful action of the +Federal Government, and of preserving the greatest attainable harmony +between them. I will now only add an expression of my conviction -- a +conviction which every day's experience serves to confirm -- that the +political creed which inculcates the pursuit of those great objects as a +paramount duty is the true faith, and one to which we are mainly indebted +for the present success of the entire system, and to which we must alone +look for its future stability. + +That there are diversities in the interests of the different States which +compose this extensive Confederacy must be admitted. Those diversities +arising from situation, climate, population, and pursuits are doubtless, as +it is natural they should be, greatly exaggerated by jealousies and that +spirit of rivalry so inseparable from neighboring communities. These +circumstances make it the duty of those who are intrusted with the +management of its affairs to neutralize their effects as far as practicable +by making the beneficial operation of the Federal Government as equal and +equitable among the several States as can be done consistently with the +great ends of its institution. + +It is only necessary to refer to undoubted facts to see how far the past +acts of the Government upon the subject under consideration have fallen +short of this object. The expenditures heretofore made for internal +improvements amount to upward of $5M, and have been distributed in very +unequal proportions amongst the States. The estimated expense of works of +which surveys have been made, together with that of others projected and +partially surveyed, amounts to more than $96M. + +That such improvements, on account of particular circumstances, may be more +advantageously and beneficially made in some States than in others is +doubtless true, but that they are of a character which should prevent an +equitable distribution of the funds amongst the several States is not to be +conceded. The want of this equitable distribution can not fail to prove a +prolific source of irritation among the States. + +We have it constantly before our eyes that professions of superior zeal in +the cause of internal improvement and a disposition to lavish the public +funds upon objects of this character are daily and earnestly put forth by +aspirants to power as constituting the highest claims to the confidence of +the people. Would it be strange, under such circumstances, and in times of +great excitement, that grants of this description should find their motives +in objects which may not accord with the public good? Those who have not +had occasion to see and regret the indication of a sinister influence in +these matters in past times have been more fortunate than myself in their +observation of the course of public affairs. If to these evils be added the +combinations and angry contentions to which such a course of things gives +rise, with their baleful influences upon the legislation of Congress +touching the leading and appropriate duties of the Federal Government, it +was but doing justice to the character of our people to expect the severe +condemnation of the past which the recent exhibitions of public sentiment +has evinced. + +Nothing short of a radical change in the action of the Government upon the +subject can, in my opinion, remedy the evil. If, as it would be natural to +expect, the States which have been least favored in past appropriations +should insist on being redressed in those here after to be made, at the +expense of the States which have so largely and disproportionately +participated, we have, as matters now stand, but little security that the +attempt would do more than change the inequality from one quarter to +another. + +Thus viewing the subject, I have heretofore felt it my duty to recommend +the adoption of some plan for the distribution of the surplus funds, which +may at any time remain in the Treasury after the national debt shall have +been paid, among the States, in proportion to the number of their +Representatives, to be applied by them to objects of internal improvement. + +Although this plan has met with favor in some portions of the Union, it has +also elicited objections which merit deliberate consideration. A brief +notice of these objections here will not, therefore, I trust, be regarded +as out of place. + +They rest, as far as they have come to my knowledge, on the following +grounds: first, an objection to the ration of distribution; second, an +apprehension that the existence of such a regulation would produce +improvident and oppressive taxation to raise the funds for distribution; +3rd, that the mode proposed would lead to the construction of works of a +local nature, to the exclusion of such as are general and as would +consequently be of a more useful character; and, last, that it would create +a discreditable and injurious dependence on the part of the State +governments upon the Federal power. + +Of those who object to the ration of representatives as the basis of +distribution, some insist that the importations of the respective States +would constitute one that would be more equitable; and others again, that +the extent of their respective territories would furnish a standard which +would be more expedient and sufficiently equitable. The ration of +representation presented itself to my mind, and it still does, as one of +obvious equity, because of its being the ratio of contribution, whether the +funds to be distributed be derived from the customs or from direct +taxation. It does not follow, however, that its adoption is indispensable +to the establishment of the system proposed. There may be considerations +appertaining to the subject which would render a departure, to some extent, +from the rule of contribution proper. Nor is it absolutely necessary that +the basis of distribution be confined to 1 ground. It may, if in the +judgment of those whose right it is to fix it it be deemed politic and just +to give it that character, have regard to several. + +In my first message I stated it to be my opinion that "it is not probably +that any adjustment of the tariff upon principles satisfactory to the +people of the Union will until a remote period, if ever, leave the +Government without a considerable surplus in the Treasury beyond what may +be required for its current surplus". I have had no cause to change that +opinion, but much to confirm it. Should these expectations be realized, a +suitable fund would thus be produced for the plan under consideration to +operate upon, and if there be no such fund its adoption will, in my +opinion, work no injury to any interest; for I can not assent to the +justness of the apprehension that the establishment of the proposed system +would tend to the encouragement of improvident legislation of the character +supposed. What ever the proper authority in the exercise of constitutional +power shall at any time here after decide to be for the general good will +in that as in other respects deserve and receive the acquiescence and +support of the whole country, and we have ample security that every abuse +of power in that regard by agents of the people will receive a speedy and +effectual corrective at their hands. The views which I take of the future, +founded on the obvious and increasing improvement of all classes of our +fellow citizens in intelligence and in public and private virtue, leave me +without much apprehension on that head. + +I do not doubt that those who come after us will be as much alive as we are +to the obligation upon all the trustees of political power to exempt those +for whom they act from all unnecessary burthens, and as sensible of the +great truth that the resources of the nation beyond those required for +immediate and necessary purposes of Government can no where be so well +deposited as in the pockets of the people. + +It may some times happen that the interests of particular States would not +be deemed to coincide with the general interest in relation to improvements +within such States. But if the danger to be apprehended from this source is +sufficient to require it, a discretion might be reserved to Congress to +direct to such improvements of a general character as the States concerned +might not be disposed to unite in, the application of the quotas of those +States, under the restriction of confining to each State the expenditure of +its appropriate quota. It may, however, be assumed as a safe general rule +that such improvements as serve to increase the prosperity of the +respective States in which they are made, by giving new facilities to +trade, and thereby augmenting the wealth and comfort of their inhabitants, +constitute the surest mode of conferring permanent and substantial +advantages upon the whole. The strength as well as the true glory of the +Confederacy is founded on the prosperity and power of the several +independent sovereignties of which it is composed and the certainty with +which they can be brought into successful active cooperation through the +agency of the Federal Government. + +It is, more over, within the knowledge of such as are at all conversant +with public affairs that schemes of internal improvement have from time to +time been proposed which, from their extent and seeming magnificence, were +readily regarded as of national concernment, but which upon fuller +consideration and further experience would now be rejected with great +unanimity. + +That the plan under consideration would derive important advantages from +its certainty, and that the moneys set apart for these purposes would be +more judiciously applied and economically expended under the direction of +the State legislatures, in which every part of each State is immediately +represented, can not, I think, be doubted. In the new States particularly, +where a comparatively small population is scattered over an extensive +surface, and the representation in Congress consequently very limited, it +is natural to expect that the appropriations made by the Federal Government +would be more likely to be expended in the vicinity of those numbers +through whose immediate agency they were obtained than if the funds were +placed under the control of the legislature, in which every county of the +State has its own representative. This supposition does not necessarily +impugn the motives of such Congressional representatives, nor is it so +intended. We are all sensible of the bias to which the strongest minds and +purest hearts are, under such circumstances, liable. In respect to the last +objection -- its probable effect upon the dignity and independence of State +governments -- it appears to me only necessary to state the case as it is, +and as it would be if the measure proposed were adopted, to show that the +operation is most likely to be the very reverse of that which the objection +supposes. + +In the one case the State would receive its quota of the national revenue +for domestic use upon a fixed principle as a matter of right, and from a +fund to the creation of which it had itself contributed its fair +proportion. Surely there could be nothing derogatory in that. As matters +now stand the States themselves, in their sovereign character, are not +unfrequently petitioners at the bar of the Federal Legislature for such +allowances out of the National Treasury as it may comport with their +pleasure or sense of duty to bestow upon them. It can not require argument +to prove which of the two courses is most compatible with the efficiency or +respectability of the State governments. + +But all these are matters for discussion and dispassionate consideration. +That the desired adjustment would be attended with difficulty affords no +reason why it should not be attempted. The effective operation of such +motives would have prevented the adoption of the Constitution under which +we have so long lived and under the benign influence of which our beloved +country has so signally prospered. The framers of that sacred instrument +had greater difficulties to overcome, and they did overcome them. The +patriotism of the people, directed by a deep conviction of the importance +of the Union, produced mutual concession and reciprocal forbearance. Strict +right was merged in a spirit of compromise, and the result has consecrated +their disinterested devotion to the general weal. Unless the American +people have degenerated, the same result can be again effected when ever +experience points out the necessity of a resort to the same means to uphold +the fabric which their fathers have reared. + +It is beyond the power of man to make a system of government like ours or +any other operate with precise equality upon States situated like those +which compose this Confederacy; nor is inequality always injustice. Every +State can not expect to shape the measures of the General Government to +suit its own particular interests. The causes which prevent it are seated +in the nature of things, and can not be entirely counteracted by human +means. Mutual forbearance becomes, therefore, a duty obligatory upon all, +and we may, I am confident, count upon a cheerful compliance with this high +injunction on the part of our constituents. It is not to be supposed that +they will object to make such comparatively inconsiderable sacrifices for +the preservation of rights and privileges which other less favored portions +of the world have in vain waded through seas of blood to acquire. + +Our course is a safe one if it be but faithfully adhered to. Acquiescence +in the constitutionally expressed will of the majority, and the exercise of +that will in a spirit of moderation, justice, and brotherly kindness, will +constitute a cement which would for ever preserve our Union. Those who +cherish and inculcate sentiments like these render a most essential service +to their country, while those who seek to weaken their influence are, how +ever conscientious and praise worthy their intentions, in effect its worst +enemies. + +If the intelligence and influence of the country, instead of laboring to +foment sectional prejudices, to be made subservient to party warfare, were +in good faith applied to the eradication of causes of local discontent, by +the improvement of our institutions and by facilitating their adaptation to +the condition of the times, this task would prove 1 of less difficulty. May +we not hope that the obvious interests of our common country and the +dictates of an enlightened patriotism will in the end lead the public mind +in that direction? + +After all, the nature of the subject does not admit of a plan wholly free +from objection. That which has for some time been in operation is, perhaps, +the worst that could exist, and every advance that can be made in its +improvement is a matter eminently worthy of your most deliberate +attention. + +It is very possible that one better calculated to effect the objects in +view may yet be devised. If so, it is to be hoped that those who disapprove +the past and dissent from what is proposed for the future will feel it +their duty to direct their attention to it, as they must be sensible that +unless some fixed rule for the action of the Federal Government in this +respect is established the course now attempted to be arrested will be +again resorted to. Any mode which is calculated to give the greatest degree +of effect and harmony to our legislation upon the subject, which shall best +serve to keep the movements of the Federal Government within the sphere +intended by those who modeled and those who adopted it, which shall lead to +the extinguishment of the national debt in the shortest period and impose +the lightest burthens upon our constituents, shall receive from me a +cordial and firm support. + +Among the objects of great national concern I can not omit to press again +upon your attention that part of the Constitution which regulates the +election of President and Vice-President. The necessity for its amendment +is made so clear to my mind by observation of its evils and by the many +able discussions which they have elicited on the floor of Congress and +elsewhere that I should be wanting to my duty were I to withhold another +expression of my deep solicitude on the subject. Our system fortunately +contemplates a recurrence to first principles, differing in this respect +from all that have preceded it, and securing it, I trust, equally against +the decay and the commotions which have marked the progress of other +governments. + +Our fellow citizens, too, who in proportion to their love of liberty keep a +steady eye upon the means of sustaining it, do not require to be reminded +of the duty they owe to themselves to remedy all essential defects in so +vital a part of their system. While they are sensible that every evil +attendant upon its operation is not necessarily indicative of a bad +organization, but may proceed from temporary causes, yet the habitual +presence, or even a single instance, of evils which can be clearly traced +to an organic defect will not, I trust, be over-looked through a too +scrupulous veneration for the work of their ancestors. + +The Constitution was an experiment committed to the virtue and intelligence +of the great mass of our country-men, in whose ranks the framers of it +themselves were to perform the part of patriotic observation and scrutiny, +and if they have passed from the stage of existence with an increased +confidence in its general adaptation to our condition we should learn from +authority so high the duty of fortifying the points in it which time proves +to be exposed rather than be deterred from approaching them by the +suggestions of fear or the dictates of misplaced reverence. + +A provision which does not secure to the people a direct choice of their +Chief Magistrate, but has a tendency to defeat their will, presented to my +mind such an inconsistence with the general spirit of our institutions that +I was indeed to suggest for your consideration the substitute which +appeared to me at the same time the most likely to correct the evil and to +meet the views of our constituents. The most mature reflection since has +added strength to the belief that the best interests of our country require +the speedy adoption of some plan calculated to effect this end. A +contingency which some times places it in the power of a single member of +the House of Representatives to decide an election of so high and solemn a +character is unjust to the people, and becomes when it occurs a source of +embarrassment to the individuals thus brought into power and a cause of +distrust of the representative body. + +Liable as the Confederacy is, from its great extent, to parties founded +upon sectional interests, and to a corresponding multiplication of +candidates for the Presidency, the tendency of the constitutional reference +to the House of Representatives is to devolve the election upon that body +in almost every instance, and, what ever choice may then be made among the +candidates thus presented to them, to swell the influence of particular +interests to a degree inconsistent with the general good. The consequences +of this feature of the Constitution appear far more threatening to the +peace and integrity of the Union than any which I can conceive as likely to +result from the simple legislative action of the Federal Government. + +It was a leading object with the framers of the Constitution to keep as +separate as possible the action of the legislative and executive branches +of the Government. To secure this object nothing is more essential than to +preserve the former from all temptations of private interest, and therefore +so to direct the patronage of the latter as not to permit such temptations +to be offered. Experience abundantly demonstrates that every precaution in +this respect is a valuable safe-guard of liberty, and 1 which my +reflections upon the tendencies of our system incline me to think should be +made still stronger. + +It was for this reason that, in connection with an amendment of the +Constitution removing all intermediate agency in the choice of the +President, I recommended some restrictions upon the re-eligibility of that +officer and upon the tenure of offices generally. The reason still exists, +and I renew the recommendation with an increased confidence that its +adoption will strengthen those checks by which the Constitution designed to +secure the independence of each department of the Government and promote +the healthful and equitable administration of all the trusts which it has +created. + +The agent most likely to contravene this design of the Constitution is the +Chief Magistrate. In order, particularly, that his appointment may as far +as possible be placed beyond the reach of any improper influences; in order +that he may approach the solemn responsibilities of the highest office in +the gift of a free people uncommitted to any other course than the strict +line of constitutional duty, and that the securities for this independence +may be rendered as strong as the nature of power and the weakness of its +possessor will admit, I can not too earnestly invite your attention to the +propriety of promoting such an amendment of the Constitution as will render +him ineligible after 1 term of service. + +It gives me pleasure to announce to Congress that the benevolent policy of +the Government, steadily pursued for nearly 30 years, in relation to the +removal of the Indians beyond the white settlements is approaching to a +happy consummation. Two important tribes have accepted the provision made +for their removal at the last session of Congress, and it is believed that +their example will induce the remaining tribes also to seek the same +obvious advantages. + +The consequences of a speedy removal will be important to the United +States, to individual States, and to the Indians themselves. The pecuniary +advantages which it promises to the Government are the least of its +recommendations. It puts an end to all possible danger of collision between +the authorities of the General and State Governments on account of the +Indians. It will place a dense and civilized population in large tracts of +country now occupied by a few savage hunters. By opening the whole +territory between Tennessee on the north and Louisiana on the south to the +settlement of the whites it will incalculably strengthen the SW frontier +and render the adjacent States strong enough to repel future invasions +without remote aid. It will relieve the whole State of Mississippi and the +western part of Alabama of Indian occupancy, and enable those States to +advance rapidly in population, wealth, and power. It will separate the +Indians from immediate contact with settlements of whites; free them from +the power of the States; enable them to pursue happiness in their own way +and under their own rude institutions; will retard the progress of decay, +which is lessening their numbers, and perhaps cause them gradually, under +the protection of the Government and through the influence of good +counsels, to cast off their savage habits and become an interesting, +civilized, and Christian community. These consequences, some of them so +certain and the rest so probable, make the complete execution of the plan +sanctioned by Congress at their last session an object of much solicitude. + +Toward the aborigines of the country no one can indulge a more friendly +feeling than myself, or would go further in attempting to reclaim them from +their wandering habits and make them a happy, prosperous people. I have +endeavored to impress upon them my own solemn convictions of the duties and +powers of the General Government in relation to the State authorities. For +the justice of the laws passed by the States within the scope of their +reserved powers they are not responsible to this Government. As individuals +we may entertain and express our opinions of their acts, but as a +Government we have as little right to control them as we have to prescribe +laws for other nations. + +With a full understanding of the subject, the Choctaw and the Chickasaw +tribes have with great unanimity determined to avail themselves of the +liberal offers presented by the act of Congress, and have agreed to remove +beyond the Mississippi River. Treaties have been made with them, which in +due season will be submitted for consideration. In negotiating these +treaties they were made to understand their true condition, and they have +preferred maintaining their independence in the Western forests to +submitting to the laws of the States in which they now reside. These +treaties, being probably the last which will ever be made with them, are +characterized by great liberality on the part of the Government. They give +the Indians a liberal sum in consideration of their removal, and +comfortable subsistence on their arrival at their new homes. If it be their +real interest to maintain a separate existence, they will there be at +liberty to do so without the inconveniences and vexations to which they +would unavoidably have been subject in Alabama and Mississippi. + +Humanity has often wept over the fate of the aborigines of this country, +and Philanthropy has been long busily employed in devising means to avert +it, but its progress has never for a moment been arrested, and one by one +have many powerful tribes disappeared from the earth. To follow to the tomb +the last of his race and to tread on the graves of extinct nations excite +melancholy reflections. But true philanthropy reconciles the mind to these +vicissitudes as it does to the extinction of one generation to make room +for another. In the monuments and fortifications of an unknown people, +spread over the extensive regions of the West, we behold the memorials of a +once powerful race, which was exterminated of has disappeared to make room +for the existing savage tribes. Nor is there any thing in this which, upon +a comprehensive view of the general interests of the human race, is to be +regretted. Philanthropy could not wish to see this continent restored to +the condition in which it was found by our forefathers. What good man would +prefer a country covered with forests and ranged by a few thousand savages +to our extensive Republic, studded with cities, towns, and prosperous +farms, embellished with all the improvements which art can devise or +industry execute, occupied by more than 12,000,000 happy people, and filled +with all the blessings of liberty, civilization, and religion? + +The present policy of the Government is but a continuation of the same +progressive change by a milder process. The tribes which occupied the +countries now constituting the Eastern States were annihilated or have +melted away to make room for the whites. The waves of population and +civilization are rolling to the westward, and we now propose to acquire the +countries occupied by the red men of the South and West by a fair exchange, +and, at the expense of the United States, to send them to a land where +their existence may be prolonged and perhaps made perpetual. + +Doubtless it will be painful to leave the graves of their fathers; but what +do they more than our ancestors did or than our children are now doing? To +better their condition in an unknown land our forefathers left all that was +dear in earthly objects. Our children by thousands yearly leave the land of +their birth to seek new homes in distant regions. Does Humanity weep at +these painful separations from every thing, animate and inanimate, with +which the young heart has become entwined? Far from it. It is rather a +source of joy that our country affords scope where our young population may +range unconstrained in body or in mind, developing the power and faculties +of man in their highest perfection. + +These remove hundreds and almost thousands of miles at their own expense, +purchase the lands they occupy, and support themselves at their new homes +from the moment of their arrival. Can it be cruel in this Government when, +by events which it can not control, the Indian is made discontented in his +ancient home to purchase his lands, to give him a new and extensive +territory, to pay the expense of his removal, and support him a year in his +new abode? How many thousands of our own people would gladly embrace the +opportunity of removing to the West on such conditions! If the offers made +to the Indians were extended to them, they would be hailed with gratitude +and joy. + +And is it supposed that the wandering savage has a stronger attachment to +his home than the settled, civilized Christian? Is it more afflicting to +him to leave the graves of his fathers than it is to our brothers and +children? Rightly considered, the policy of the General Government toward +the red man is not only liberal, but generous. He is unwilling to submit to +the laws of the States and mingle with their population. To save him from +this alternative, or perhaps utter annihilation, the General Government +kindly offers him a new home, and proposes to pay the whole expense of his +removal and settlement. + +In the consummation of a policy originating at an early period, and +steadily pursued by every Administration within the present century -- so +just to the States and so generous to the Indians -- the Executive feels it +has a right to expect the cooperation of Congress and of all good and +disinterested men. The States, moreover, have a right to demand it. It was +substantially a part of the compact which made them members of our +Confederacy. With Georgia there is an express contract; with the new States +an implied one of equal obligation. Why, in authorizing Ohio, Indiana, +Illinois, Missouri, Mississippi, and Alabama to form constitutions and +become separate States, did Congress include within their limits extensive +tracts of Indian lands, and, in some instances, powerful Indian tribes? Was +it not understood by both parties that the power of the States was to be +coextensive with their limits, and that with all convenient dispatch the +General Government should extinguish the Indian title and remove every +obstruction to the complete jurisdiction of the State governments over the +soil? Probably not one of those States would have accepted a separate +existence -- certainly it would never have been granted by Congress -- had +it been understood that they were to be confined for ever to those small +portions of their nominal territory the Indian title to which had at the +time been extinguished. + +It is, therefore, a duty which this Government owes to the new States to +extinguish as soon as possible the Indian title to all lands which Congress +themselves have included within their limits. When this is done the duties +of the General Government in relation to the States and the Indians within +their limits are at an end. The Indians may leave the State or not, as they +choose. The purchase of their lands does not alter in the least their +personal relations with the State government. No act of the General +Government has ever been deemed necessary to give the States jurisdiction +over the persons of the Indians. That they possess by virtue of their +sovereign power within their own limits in as full a manner before as after +the purchase of the Indian lands; nor can this Government add to or +diminish it. + +May we not hope, therefore, that all good citizens, and none more zealously +than those who think the Indians oppressed by subjection to the laws of the +States, will unite in attempting to open the eyes of those children of the +forest to their true condition, and by a speedy removal to relieve them +from all the evils, real or imaginary, present or prospective, with which +they may be supposed to be threatened. + +Among the numerous causes of congratulation the condition of our impost +revenue deserves special mention, in as much as it promises the means of +extinguishing the public debt sooner than was anticipated, and furnishes a +strong illustration of the practical effects of the present tariff upon our +commercial interests. + +The object of the tariff is objected to by some as unconstitutional, and it +is considered by almost all as defective in many of its parts. + +The power to impose duties on imports originally belonged to the several +States. The right to adjust those duties with a view to the encouragement +of domestic branches of industry is so completely incidental to that power +that it is difficult to suppose the existence of the one without the other. +The States have delegated their whole authority over imports to the General +Government without limitation or restriction, saving the very +inconsiderable reservation relating to their inspection laws. This +authority having thus entirely passed from the States, the right to +exercise it for the purpose of protection does not exist in them, and +consequently if it be not possessed by the General Government it must be +extinct. Our political system would thus present the anomaly of a people +stripped of the right to foster their own industry and to counteract the +most selfish and destructive policy which might be adopted by foreign +nations. This sure can not be the case. This indispensable power thus +surrendered by the States must be within the scope of the authority on the +subject expressly delegated to Congress. + +In this conclusion I am confirmed as well by the opinions of Presidents +Washington, Jefferson, Madison, and Monroe, who have each repeatedly +recommended the exercise of this right under the Constitution, as by the +uniform practice of Congress, the continued acquiescence of the States, and +the general understanding of the people. + +The difficulties of a more expedient adjustment of the present tariff, +although great, are far from being insurmountable. Some are unwilling to +improve any of its parts because they would destroy the whole; others fear +to touch the objectionable parts lest those they approve should be +jeoparded. I am persuaded that the advocates of these conflicting views do +injustice to the American people and to their representatives. The general +interest is the interest of each, and my confidence is entire that to +insure the adoption of such modifications of the tariff as the general +interest requires it is only necessary that that interest should be +understood. + +It is an infirmity of our nature to mingle our interests and prejudices +with the operation of our reasoning powers, and attribute to the objects of +our likes and dislikes qualities they do not possess and effects they can +not produce. The effects of the present tariff are doubtless over-rated, +both in its evils and in its advantages. By one class of reasoners the +reduced price of cotton and other agricultural products is ascribed wholly +to its influence, and by another the reduced price of manufactured +articles. + +The probability is that neither opinion approaches the truth, and that both +are induced by that influence of interests and prejudices to which I have +referred. The decrease of prices extends throughout the commercial world, +embracing not only the raw material and the manufactured article, but +provisions and lands. The cause must therefore be deeper and more pervading +than the tariff of the United States. It may in a measure be attributable +to the increased value of the precious metals, produced by a diminution of +the supply and an increase in the demand, while commerce has rapidly +extended itself and population has augmented. The supply of gold and +silver, the general medium of exchange, has been greatly interrupted by +civil convulsions in the countries from which they are principally drawn. A +part of the effect, too, is doubtless owing to an increase of operatives +and improvements in machinery. But on the whole it is questionable whether +the reduction in the price of lands, produce, and manufactures has been +greater than the appreciation of the standard of value. + +While the chief object of duties should be revenue, they may be so adjusted +as to encourage manufactures. In this adjustment, however, it is the duty +of the Government to be guided by the general good. Objects of national +importance alone ought to be protected. Of these the productions of our +soil, our mines, and our work shops, essential to national defense, occupy +the first rank. What ever other species of domestic industry, having the +importance to which I have referred, may be expected, after temporary +protection, to compete with foreign labor on equal terms merit the same +attention in a subordinate degree. + +The present tariff taxes some of the comforts of life unnecessarily high; +it undertakes to protect interests too local and minute to justify a +general exaction, and it also attempts to force some kinds of manufactures +for which the country is not ripe. Much relief will be derived in some of +these respects from the measures of your last session. + +The best as well as fairest mode of determining whether from any just +considerations a particular interest ought to receive protection would be +to submit the question singly for deliberation. If after due examination of +its merits, unconnected with extraneous considerations -- such as a desire +to sustain a general system or to purchase support for a different interest +-- it should enlist in its favor a majority of the representatives of the +people, there can be little danger of wrong or injury in adjusting the +tariff with reference to its protective effect. If this obviously just +principle were honestly adhered to, the branches of industry which deserve +protection would be saved from the prejudice excited against them when that +protection forms part of a system by which portions of the country feel or +conceive themselves to be oppressed. What is incalculably more important, +the vital principle of our system -- that principle which requires +acquiescence in the will of the majority -- would be secure from the +discredit and danger to which it is exposed by the acts of majorities +founded not on identity of conviction, but on combinations of small +minorities entered into for the purpose of mutual assistance in measures +which, resting solely on their own merits, could never be carried. + +I am well aware that this is a subject of so much delicacy, on account of +the extended interests in involves, as to require that it should be touched +with the utmost caution, and that while an abandonment of the policy in +which it originated -- a policy coeval with our Government, and pursued +through successive Administrations -- is neither to be expected or desired, +the people have a right to demand, and have demanded, that it be so +modified as to correct abuses and obviate injustice. + +That our deliberations on this interesting subject should be uninfluenced +by those partisan conflicts that are incident to free institutions is the +fervent wish of my heart. To make this great question, which unhappily so +much divides and excites the public mind, subservient to the short-sighted +views of faction, must destroy all hope of settling it satisfactorily to +the great body of the people and for the general interest. I can not, +therefore, in taking leave of the subject, too earnestly for my own +feelings or the common good warn you against the blighting consequences of +such a course. + +According to the estimates at the Treasury Department, the receipts in the +Treasury during the present year will amount to $24,161,018, which will +exceed by about $300K the estimate presented in the last annual report of +the Secretary of the Treasury. The total expenditure during the year, +exclusive of public debt, is estimated at $13,742,311, and the payment on +account of public debt for the same period will have been $11,354,630, +leaving a balance in the Treasury on [1831-01-01] of $4,819,781. + +In connection with the condition of our finances, it affords me pleasure to +remark that judicious and efficient arrangements have been made by the +Treasury Department for securing the pecuniary responsibility of the public +officers and the more punctual payment of the public dues. The Revenue +Cutter Service has been organized and placed on a good footing, and aided +by an increase of inspectors at exposed points, and regulations adopted +under the act of [1830-05], for the inspection and appraisement of +merchandise, has produced much improvement in the execution of the laws and +more security against the commission of frauds upon the revenue. Abuses in +the allowances for fishing bounties have also been corrected, and a +material saving in that branch of the service thereby effected. In addition +to these improvements the system of expenditure for sick sea men belonging +to the merchant service has been revised, and being rendered uniform and +economical the benefits of the fund applicable to this object have been +usefully extended. + +The prosperity of our country is also further evinced by the increased +revenue arising from the sale of public lands, as will appear from the +report of the Commissioner of the General Land Office and the documents +accompanying it, which are herewith transmitted. I beg leave to draw your +attention to this report, and to the propriety of making early +appropriations for the objects which it specifies. + +Your attention is again invited to the subjects connected with that portion +of the public interests intrusted to the War Department. Some of them were +referred to in my former message, and they are presented in detail in the +report of the Secretary of War herewith submitted. I refer you also to the +report of that officer for a knowledge of the state of the Army, +fortifications, arsenals, and Indian affairs, all of which it will be +perceived have been guarded with zealous attention and care. It is worthy +of your consideration whether the armaments necessary for the +fortifications on our maritime frontier which are now or shortly will be +completed should not be in readiness sooner than the customary +appropriations will enable the Department to provide them. This precaution +seems to be due to the general system of fortification which has been +sanctioned by Congress, and is recommended by that maxim of wisdom which +tells us in peace to prepare for war. + +I refer you to the report of the Secretary of the Navy for a highly +satisfactory account of the manner in which the concerns of that Department +have been conducted during the present year. Our position in relation to +the most powerful nations of the earth, and the present condition of +Europe, admonish us to cherish this arm of our national defense with +peculiar care. Separated by wide seas from all those Governments whose +power we might have reason to dread, we have nothing to apprehend from +attempts at conquest. It is chiefly attacks upon our commerce and +harrassing in-roads upon our coast against which we have to guard. A naval +force adequate to the protection of our commerce, always afloat, with an +accumulation of the means to give it a rapid extension in case of need, +furnishes the power by which all such aggressions may be prevented or +repelled. The attention of the Government has therefore been recently +directed more to preserving the public vessels already built and providing +materials to be placed in depot for future use than to increasing their +number. With the aid of Congress, in a few years the Government will be +prepared in case of emergency to put afloat a powerful navy of new ships +almost as soon as old ones could be repaired. + +The modifications in this part of the service suggested in my last annual +message, which are noticed more in detail in the report of the Secretary of +the Navy, are again recommended to your serious attention. + +The report of the PostMaster General in like manner exhibits a satisfactory +view of the important branch of the Government under his charge. In +addition to the benefits already secured by the operations of the Post +Office Department, considerable improvements within the present year have +been made by an increase in the accommodation afforded by stage coaches, +and in the frequency and celerity of the mail between some of the most +important points of the Union. + +Under the late contracts improvements have been provided for the southern +section of the country, and at the same time an annual saving made of +upward of $72K. Not with standing the excess of expenditure beyond the +current receipts for a few years past, necessarily incurred in the +fulfillment of existing contracts and in the additional expenses between +the periods of contracting to meet the demands created by the rapid growth +and extension of our flourishing country, yet the satisfactory assurance is +given that the future revenue of the Department will be sufficient to meets +its extensive engagements. The system recently introduced that subjects its +receipts and disbursements to strict regulation has entirely fulfilled its +designs. It gives full assurance of the punctual transmission, as well as +the security of the funds of the Department. The efficiency and industry of +its officers and the ability and energy of contractors justify an increased +confidence in its continued prosperity. + +The attention of Congress was called on a former occasion to the necessity +of such a modification in the office of Attorney General of the United +States as would render it more adequate to the wants of the public service. +This resulted in the establishment of the office of Solicitor of the +Treasury, and the earliest measures were taken to give effect to the +provisions of the law which authorized the appointment of that officer and +defined his duties. But it is not believed that this provision, however +useful in itself, is calculated to supersede the necessity of extending the +duties and powers of the Attorney General's Office. On the contrary, I am +convinced that the public interest would be greatly promoted by giving to +that officer the general superintendence of the various law agents of the +Government, and of all law proceedings, whether civil or criminal, in which +the United States may be interested, allowing him at the same time such +compensation as would enable him to devote his undivided attention to the +public business. I think such a provision is alike due to the public and to +the officer. + +Occasions of reference from the different Executive Departments to the +Attorney General are of frequent occurrence, and the prompt decision of the +questions so referred tends much to facilitate the dispatch of business in +those Departments. The report of the Secretary of the Treasury hereto +appended shows also a branch of the public service not specifically +intrusted to any officer which might be advantageously committed to the +Attorney General. But independently of those considerations this office is +now one of daily duty. It was originally organized and its compensation +fixed with a view to occasional service, leaving to the incumbent time for +the exercise of his profession in private practice. The state of things +which warranted such an organization no longer exists. The frequent claims +upon the services of this officer would render his absence from the seat of +Government in professional attendance upon the courts injurious to the +public service, and the interests of the Government could not fail to be +promoted by charging him with the general superintendence of all its legal +concerns. + +Under a strong conviction of the justness of these suggestions, I recommend +it to Congress to make the necessary provisions for giving effect to them, +and to place the Attorney General in regard to compensation on the same +footing with the heads of the several Executive Departments. To this +officer might also be intrusted a cognizance of the cases of insolvency in +public debtors, especially if the views which I submitted on this subject +last year should meet the approbation of Congress -- to which I again +solicit your attention. + +Your attention is respectfully invited to the situation of the District of +Columbia. Placed by the Constitution under the exclusive jurisdiction and +control of Congress, this District is certainly entitled to a much greater +share of its consideration than it has yet received. There is a want of +uniformity in its laws, particularly in those of a penal character, which +increases the expense of their administration and subjects the people to +all the inconveniences which result from the operation of different codes +in so small a territory. On different sides of the Potomac the same offense +is punishable in unequal degrees, and the peculiarities of many of the +early laws of MD and VA remain in force, not with standing their repugnance +in some cases to the improvements which have superseded them in those +States. + +Besides a remedy for these evils, which is loudly called for, it is +respectfully submitted whether a provision authorizing the election of a +delegate to represent the wants of the citizens of this District on the +floor of Congress is not due to them and to the character of our +Government. No principles of freedom, and there is none more important than +that which cultivates a proper relation between the governors and the +governed. Imperfect as this must be in this case, yet it is believed that +it would be greatly improved by a representation in Congress with the same +privileges that are allowed to the other Territories of the United States. + +The penitentiary is ready for the reception of convicts, and only awaits +the necessary legislation to put it into operation, as one object of which +I beg leave to recall your attention to the propriety of providing suitable +compensation for the officers charged with its inspection. + +The importance of the principles involved in the inquiry whether it will be +proper to recharter the Bank of the United States requires that I should +again call the attention of Congress to the subject. Nothing has occurred +to lessen in any degree the dangers which many of our citizens apprehend +from that institution as at present organized. In the spirit of improvement +and compromise which distinguishes our country and its institutions it +becomes us to inquire whether it be not possible to secure the advantages +afforded by the present bank through the agency of a Bank of the United +States so modified in its principles and structures as to obviate +constitutional and other objections. + +It is thought practicable to organize such a bank with the necessary +officers as a branch of the Treasury Department, based on the public and +individual deposits, without power to make loans or purchase property, +which shall remit the funds of the Government, and the expense of which may +be paid, if thought advisable, by allowing its officers to sell bills of +exchange to private individuals at a moderate premium. Not being a +corporate body, having no stock holders, debtors, or property, and but few +officers, it would not be obnoxious to the constitutional objections which +are urged against the present bank; and having no means to operate on the +hopes, fears, or interests of large masses of the community, it would be +shorn of the influence which makes that bank formidable. The States would +be strengthened by having in their hands the means of furnishing the local +paper currency through their own banks, while the Bank of the United +States, though issuing no paper, would check the issues of the State banks +by taking their notes in deposit and for exchange only so long as they +continue to be redeemed with specie. In times of public emergency the +capacities of such an institution might be enlarged by legislative +provisions. + +These suggestions are made not so much as a recommendation as with a view +of calling the attention of Congress to the possible modifications of a +system which can not continue to exist in its present form without +occasional collisions with the local authorities and perpetual +apprehensions and discontent on the part of the States and the people. + +In conclusion, fellow citizens, allow me to invoke in behalf of your +deliberations that spirit of conciliation and disinterestedness which is +the gift of patriotism. Under an over-ruling and merciful Providence the +agency of this spirit has thus far been signalized in the prosperity and +glory of our beloved country. May its influence be eternal. + +*** + +State of the Union Address +Andrew Jackson +December 6, 1831 + +Fellow Citizens of the Senate and of the House of Representatives: + +The representation of the people has been renewed for the 22nd time since +the Constitution they formed has been in force. For near half a century the +Chief Magistrates who have been successively chosen have made their annual +communications of the state of the nation to its representatives. Generally +these communications have been of the most gratifying nature, testifying an +advance in all the improvements of social and all the securities of +political life. But frequently and justly as you have been called on to be +grateful for the bounties of Providence, at few periods have they been more +abundantly or extensively bestowed than at the present; rarely, if ever, +have we had greater reason to congratulate each other on the continued and +increasing prosperity of our beloved country. + +Agriculture, the first and most important occupation of man, has +compensated the labors of the husband-man with plentiful crops of all the +varied products of our extensive country. Manufactures have been +established in which the funds of the capitalist find a profitable +investment, and which give employment and subsistence to a numerous and +increasing body of industrious and dexterous mechanics. The laborer is +rewarded by high wages in the construction of works of internal +improvement, which are extending with unprecedented rapidity. Science is +steadily penetrating the recesses of nature and disclosing her secrets, +while the ingenuity of free minds is subjecting the elements to the power +of man and making each new conquest auxiliary to his comfort. By our mails, +whose speed is regularly increased and whose routes are every year +extended, the communication of public intelligence and private business is +rendered frequent and safe; the intercourse between distant cities, which +it formerly required weeks to accomplish, is now effected in a few days; +and in the construction of rail roads and the application of steam power we +have a reasonable prospect that the extreme parts of our country will be so +much approximated and those most isolated by the obstacles of nature +rendered so accessible as to remove an apprehension some times entertained +that the great extent of the Union would endanger its permanent existence. + +If from the satisfactory view of our agriculture, manufactures, and +internal improvements we turn to the state of our navigation and trade with +foreign nations and between the States, we shall scarcely find less cause +for gratulation. A beneficent Providence has provided for their exercise +and encouragement an extensive coast, indented by capacious bays, noble +rivers, inland seas; with a country productive of every material for ship +building and every commodity for gainful commerce, and filled with a +population active, intelligent, well-informed, and fearless of danger. +These advantages are not neglected, and an impulse has lately been given to +commercial enterprise, which fills our ship yards with new constructions, +encourages all the arts and branches of industry connected with them, +crowds the wharves of our cities with vessels, and covers the most distant +seas with our canvas. + +Let us be grateful for these blessings to the beneficent Being who has +conferred them, and who suffers us to indulge a reasonable hope of their +continuance and extension, while we neglect not the means by which they may +be preserved. If we may dare to judge of His future designs by the manner +in which His past favors have been bestowed, He has made our national +prosperity to depend on the preservation of our liberties, our national +force on our Federal Union, and our individual happiness on the maintenance +of our State rights and wise institutions. If we are prosperous at home and +respected abroad, it is because we are free, united, industrious, and +obedient to the laws. While we continue so we shall by the blessing of +Heaven go on in the happy career we have begun, and which has brought us in +the short period of our political existence from a population of 3,000,000 +to 13,000,000; from 13 separate colonies to 24 united States; from weakness +to strength; from a rank scarcely marked in the scale of nations to a high +place in their respect. + +This last advantage is one that has resulted in a great degree from the +principles which have guided our intercourse with foreign powers since we +have assumed an equal station among them, and hence the annual account +which the Executive renders to the country of the manner in which that +branch of his duties has been fulfilled proves instructive and salutary. + +The pacific and wise policy of our Government kept us in a state of +neutrality during the wars that have at different periods since our +political existence been carried on by other powers; but this policy, while +it gave activity and extent to our commerce, exposed it in the same +proportion to injuries from the belligerent nations. Hence have arisen +claims of indemnity for those injuries. England, France, Spain, Holland, +Sweden, Denmark, Naples, and lately Portugal had all in a greater or less +degree infringed our neutral rights. Demands for reparation were made upon +all. They have had in all, and continue to have in some, cases a leading +influence on the nature of our relations with the powers on whom they were +made. + +Of the claims upon England it is unnecessary to speak further than to say +that the state of things to which their prosecution and denial gave rise +has been succeeded by arrangements productive of mutual good feeling and +amicable relations between the two countries, which it is hoped will not be +interrupted. One of these arrangements is that relating to the colonial +trade which was communicated to Congress at the last session; and although +the short period during which it has been in force will not enable me to +form an accurate judgment of its operation, there is every reason to +believe that it will prove highly beneficial. The trade thereby authorized +has employed to [1831-09-30] upward of 30K tons of American and 15K tons of +foreign shipping in the outward voyages, and in the inward nearly an equal +amount of American and 20K only of foreign tonnage. Advantages, too, have +resulted to our agricultural interests from the state of the trade between +Canada and our Territories and States bordering or the St. Lawrence and the +Lakes which may prove more than equivalent to the loss sustained by the +discrimination made to favor the trade of the northern colonies with the +West Indies. + +After our transition from the state of colonies to that of an independent +nation many points were found necessary to be settled between us and Great +Britain. Among them was the demarcation of boundaries not described with +sufficient precision in the treaty of peace. Some of the lines that divide +the States and Territories of the United States from the British Provinces +have been definitively fixed. + +That, however, which separates us from the Provinces of Canada and New +Brunswick to the North and the East was still in dispute when I came into +office, but I found arrangements made for its settlement over which I had +no control. The commissioners who had been appointed under the provisions +of the treaty of Ghent having been unable to agree, a convention was made +with Great Britain by my immediate predecessor in office, with the advice +and consent of the Senate, by which it was agreed "that the points of +difference which have arisen in the settlement of the boundary line between +the American and British dominions, as described in the 5th article of the +treaty of Ghent, shall be referred, as therein provided, to some friendly +sovereign or State, who shall be invited to investigate and make a decision +upon such points of difference"; and the King of the Netherlands having by +the late President and His Britannic Majesty been designated as such +friendly sovereign, it became my duty to carry with good faith the +agreement so made into full effect. To this end I caused all the measures +to be taken which were necessary to a full exposition of our case to the +sovereign arbiter, and nominated as minister plenipotentiary to his Court a +distinguished citizen of the State most interested in the question, and who +had been one of the agents previously employed for settling the +controversy. + +On [1831-01-10] His Majesty the King of the Netherlands delivered to the +plenipotentiaries of the United States and of Great Britain his written +opinion on the case referred to him. The papers in relation to the subject +will be communicated by a special message to the proper branch of the +Government with the perfect confidence that its wisdom will adopt such +measures as will secure an amicable settlement of the controversy without +infringing any constitutional right of the States immediately interested. + +It affords me satisfaction to inform you that suggestions made by my +direction to the chargé d'affaires of His Britannic Majesty to this +Government have had their desired effect in producing the release of +certain American citizens who were imprisoned for setting up the authority +of the State of Maine at a place in the disputed territory under the actual +jurisdiction of His Britannic Majesty. From this and the assurances I have +received of the desire of the local authorities to avoid any cause of +collision I have the best hopes that a good understanding will be kept up +until it is confirmed by the final disposition of the subject. + +The amicable relations which now subsist between the United States and +Great Britain, the increasing intercourse between their citizens, and the +rapid obliteration of unfriendly prejudices to which former events +naturally gave rise concurred to present this as a fit period for renewing +our endeavors to provide against the recurrence of causes of irritation +which in the event of war between Great Britain and any other power would +inevitably endanger our peace. Animated by the sincerest desire to avoid +such a state of things, and peacefully to secure under all possible +circumstances the rights and honor of the country, I have given such +instructions to the minister lately sent to the Court of London as will +evince that desire, and if met by a correspondent disposition, which we can +not doubt, will put an end to causes of collision which, without advantage +to either, tend to estrange from each other two nations who have every +motive to preserve not only peace, but an intercourse of the most amicable +nature. + +In my message at the opening of the last session of Congress I expressed a +confident hope that the justice of our claims upon France, urged as they +were with perseverance and signal ability by our minister there, would +finally be acknowledged. This hope has been realized. A treaty has been +signed which will immediately be laid before the Senate for its +approbation, and which, containing stipulations that require legislative +acts, must have the concurrence of both houses before it can be carried +into effect. + +By it the French Government engage to pay a sum which, if not quite equal +to that which may be found due to our citizens, will yet, it is believed, +under all circumstances, be deemed satisfactory by those interested. The +offer of a gross sum instead of the satisfaction of each individual claim +was accepted because the only alternatives were a rigorous exaction of the +whole amount stated to be due on each claim, which might in some instances +be exaggerated by design, in other over- rated through error, and which, +therefore, it would have been both ungracious and unjust to have insisted +on; or a settlement by a mixed commission, to which the French negotiators +were very averse, and which experience in other cases had shewn to be +dilatory and often wholly inadequate to the end. + +A comparatively small sum is stipulated on our part to go to the extinction +of all claims by French citizens on our Government, and a reduction of +duties on our cotton and their wines has been agreed on as a consideration +for the renunciation of an important claim for commercial privileges under +the construction they gave to the treaty for the cession of Louisiana. + +Should this treaty receive the proper sanction, a source of irritation will +be stopped that has for so many years in some degree alienated from each +other two nations who, from interest as well as the remembrance of early +associations, ought to cherish the most friendly relations; an +encouragement will be given for perseverance in the demands of justice by +this new proof that if steadily pursued they will be listened to, and +admonition will be offered to those powers, if any, which may be inclined +to evade them that they will never be abandoned; above all, a just +confidence will be inspired in our fellow citizens that their Government +will exert all the powers with which they have invested it in support of +their just claims upon foreign nations; at the same time that the frank +acknowledgment and provision for the payment of those which were addressed +to our equity, although unsupported by legal proof, affords a practical +illustration of our submission to the divine rule of doing to others what +we desire they should do unto us. + +Sweden and Denmark having made compensation for the irregularities +committed by their vessels or in their ports to the perfect satisfaction of +the parties concerned, and having renewed the treaties of commerce entered +into with them, our political and commercial relations with those powers +continue to be on the most friendly footing. + +With Spain our differences up to [1819-02-22] were settled by the treaty of +Washington of that date, but at a subsequent period our commerce with the +States formerly colonies of Spain on the continent of America was annoyed +and frequently interrupted by her public and private armed ships. They +captured many of our vessels prosecuting a lawful commerce and sold them +and their cargoes, and at one time to our demands for restoration and +indemnity opposed the allegation that they were taken in the violation of a +blockade of all the ports of those States. This blockade was declaratory +only, and the inadequacy of the force to maintain it was so manifest that +this allegation was varied to a charge of trade in contraband of war. This, +in its turn, was also found untenable, and the minister whom I sent with +instructions to press for the reparation that was due to our injured fellow +citizens has transmitted an answer to his demand by which the captures are +declared to have been legal, and are justified because the independence of +the States of America never having been acknowledged by Spain she had a +right to prohibit trade with them under her old colonial laws. This ground +of defense was contradictory, not only to those which had been formerly +alleged, but to the uniform practice and established laws of nations, and +had been abandoned by Spain herself in the convention which granted +indemnity to British subjects for captures made at the same time, under the +same circumstances, and for the same allegations with those of which we +complain. + +I, however, indulge the hope that further reflection will lead to other +views, and feel confident that when His Catholic Majesty shall be convinced +of the justice of the claims his desire to preserve friendly relations +between the two countries, which it is my earnest endeavor to maintain, +will induce him to accede to our demand. I have therefore dispatched a +special messenger with instructions to our minister to bring the case once +more to his consideration, to the end that if (which I can not bring myself +to believe) the same decision (that can not but be deemed an unfriendly +denial of justice) should be persisted in the matter may before your +adjournment be laid before you, the constitutional judges of what is proper +to be done when negotiation for redress of injury fails. + +The conclusion of a treaty for indemnity with France seemed to present a +favorable opportunity to renew our claims of a similar nature on other +powers, and particularly in the case of those upon Naples, more especially +as in the course of former negotiations with that power our failure to +induce France to render us justice was used as an argument against us. The +desires of the merchants, who were the principal sufferers, have therefore +been acceded to, and a mission has been instituted for the special purpose +of obtaining for them a reparation already too long delayed. This measure +having been resolved on, it was put in execution without waiting for the +meeting of Congress, because the state of Europe created an apprehension of +events that might have rendered our application ineffectual. + +Our demands upon the Government of the two Sicilies are of a peculiar +nature. The injuries on which they are founded are not denied, nor are the +atrocity and perfidy under which those injuries were perpetrated attempted +to be extenuated. The sole ground on which indemnity has been refused is +the alleged illegality of the tenure by which the monarch who made the +seizures held his crown. This defense, always unfounded in any principle of +the law of nations, now universally abandoned, even by those powers upon +whom the responsibility for the acts of past rulers bore the most heavily, +will unquestionably be given up by His Sicilian Majesty, whose counsels +will receive an impulse from that high sense of honor and regard to justice +which are said to characterize him; and I feel the fullest confidence that +the talents of the citizen commissioned for that purpose will place before +him the just claims of our injured citizens in such as light as will enable +me before your adjournment to announce that they have been adjusted and +secured. Precise instructions to the effect of bringing the negotiation to +a speedy issue have been given, and will be obeyed. + +In the late blockade of Terceira some of the Portuguese fleet captured +several of our vessels and committed other excesses, for which reparation +was demanded, and I was on the point of dispatching an armed force to +prevent any recurrence of a similar violence and protect our citizens in +the prosecution of their lawful commerce when official assurances, on which +I relied, made the sailing of the ships unnecessary. Since that period +frequent promises have been made that full indemnity shall be given for the +injuries inflicted and the losses sustained. In the performance there has +been some, perhaps unavoidable, delay; but I have the fullest confidence +that my earnest desire that this business may at once be closed, which our +minister has been instructed strongly to express, will very soon be +gratified. I have the better ground for this hope from the evidence of a +friendly disposition which that Government has shown an actual reduction in +the duty on rice the produce of our Southern States, authorizing the +anticipation that this important article of our export will soon be +admitted on the same footing with that produced by the most favored +nation. + +With the other powers of Europe we have fortunately had no cause of +discussions for the redress of injuries. With the Empire of the Russias our +political connection is of the most friendly and our commercial of the most +liberal kind. We enjoy the advantages of navigation and trade given to the +most favored nation, but it has not yet suited their policy, or perhaps has +not been found convenient from other considerations, to give stability and +reciprocity to those privileges by a commercial treaty. The ill health of +the minister last year charged with making a proposition for that +arrangement did not permit him to remain at St. Petersburg, and the +attention of that Government during the whole of the period since his +departure having been occupied by the war in which it was engaged, we have +been assured that nothing could have been effected by his presence. A +minister will soon be nominated, as well to effect this important object as +to keep up the relations of amity and good understanding of which we have +received so many assurances and proofs from His Imperial Majesty and the +Emperor his predecessor. + +The treaty with Austria is opening to us an important trade with the +hereditary dominions of the Emperor, the value of which has been hitherto +little known, and of course not sufficiently appreciated. While our +commerce finds an entrance into the south of Germany by means of this +treaty, those we have formed with the Hanseatic towns and Prussia and +others now in negotiation will open that vast country to the enterprising +spirit of our merchants on the north -- a country abounding in all the +materials for a mutually beneficial commerce, filled with enlightened and +industrious inhabitants, holding an important place in the politics of +Europe, and to which we owe so many valuable citizens. The ratification of +the treaty with the Porte was sent to be exchanged by the gentleman +appointed our chargé d'affaires to that Court. Some difficulties +occurred on his arrival, but at the date of his last official dispatch he +supposed they had been obviated and that there was every prospect of the +exchange being speedily effected. + +This finishes the connected view I have thought it proper to give of our +political and commercial relations in Europe. Every effort in my power will +be continued to strengthen and extend them by treaties founded on +principles of the most perfect reciprocity of interest, neither asking nor +conceding any exclusive advantage, but liberating as far as it lies in my +power the activity and industry of our fellow citizens from the shackles +which foreign restrictions may impose. + +To China and the East Indies our commerce continues in its usual extent, +and with increased facilities which the credit and capital of our merchants +afford by substituting bills for payments in specie. A daring outrage +having been committed in those seas by the plunder of one of our +merchant-men engaged in the pepper trade at a port in Sumatra, and the +piratical perpetrators belonging to tribes in such a state of society that +the usual course of proceedings between civilized nations could not be +pursued, I forthwith dispatched a frigate with orders to require immediate +satisfaction for the injury and indemnity to the sufferers. + +Few changes have taken place in our connections with the independent States +of America since my last communication to Congress. The ratification of a +commercial treaty with the United Republics of Mexico has been for some +time under deliberation in their Congress, but was still undecided at the +date of our last dispatches. The unhappy civil commotions that have +prevailed there were undoubtedly the cause of the delay, but as the +Government is now said to be tranquillized we may hope soon to receive the +ratification of the treaty and an arrangement for the demarcation of the +boundaries between us. In the mean time, an important trade has been opened +with mutual benefit from St. Louis, in the State of Missouri, by caravans +to the interior Provinces of Mexico. This commerce is protected in its +progress through the Indian countries by the troops of the United States, +which have been permitted to escort the caravans beyond our boundaries to +the settled part of the Mexican territory. + +From Central America I have received assurances of the most friendly kind +and a gratifying application for our good offices to remove a supposed +indisposition toward that Government in a neighboring State. This +application was immediately and successfully complied with. They gave us +also the pleasing intelligence that differences which had prevailed in +their internal affairs had been peaceably adjusted. Our treaty with this +Republic continues to be faithfully observed, and promises a great and +beneficial commerce between the two countries -- a commerce of the greatest +importance if the magnificent project of a ship canal through the dominions +of that State from the Atlantic to the Pacific Ocean, now in serious +contemplation, shall be executed. + +I have great satisfaction in communicating the success which has attended +the exertions of our minister in Colombia to procure a very considerable +reduction in the duties on our flour in that Republic. Indemnity also has +been stipulated for injuries received by our merchants from illegal +seizures, and renewed assurances are given that the treaty between the two +countries shall be faithfully observed. + +Chili and Peru seem to be still threatened with civil commotions, and until +they shall be settled disorders may naturally be apprehended, requiring the +constant presence of a naval force in the Pacific Ocean to protect our +fisheries and guard our commerce. + +The disturbances that took place in the Empire of Brazil previously to and +immediately consequent upon the abdication of the late Emperor necessarily +suspended any effectual application for the redress of some past injuries +suffered by our citizens from that Government, while they have been the +cause of others, in which all foreigners seem to have participated. +Instructions have been given to our minister there to press for indemnity +due for losses occasioned by these irregularities, and to take care of our +fellow citizens shall enjoy all the privileges stipulated in their favor by +the treaty lately made between the two powers, all which the good +intelligence that prevails between our minister at Rio Janeiro and the +Regency gives us the best reason to expect. + +I should have placed Buenos Ayres in the list of South American powers in +respect to which nothing of importance affecting us was to be communicated +but for occurrences which have lately taken place at the Falkland Islands, +in which the name of that Republic has been used to cover with a show of +authority acts injurious to our commerce and to the property and liberty of +our fellow citizens. In the course of the present year one of our vessels, +engaged in the pursuit of a trade which we have always enjoyed without +molestation, has been captured by a band acting, as they pretend, under the +authority of the Government of Buenos Ayres. I have therefore given orders +for the dispatch of an armed vessel to join our squadron in those seas and +aid in affording all lawful protection to our trade which shall be +necessary, and shall without delay send a minister to inquire into the +nature of the circumstances and also of the claim, if any, that is set up +by that Government to those islands. In the mean time, I submit the case to +the consideration of Congress, to the end that they may clothe the +Executive with such authority and means as they may deem necessary for +providing a force adequate to the complete protection of our fellow +citizens fishing and trading in those seas. + +This rapid sketch of our foreign relations, it is hoped, fellow citizens, +may be of some use in so much of your legislation as may bear on that +important subject, while it affords to the country at large a source of +high gratification in the contemplation of our political and commercial +connection with the rest of the world. At peace with all; having subjects +of future difference with few, and those susceptible of easy adjustment; +extending our commerce gradually on all sides and on none by any but the +most liberal and mutually beneficial means, we may, by the blessing of +Providence, hope for all that national prosperity which can be derived from +an intercourse with foreign nations, guided by those eternal principles of +justice and reciprocal good will which are binding as well upon States as +the individuals of whom they are composed. + +I have great satisfaction in making this statement of our affairs, because +the course of our national policy enables me to do it without any +indiscreet exposure of what in other governments is usually concealed from +the people. Having none but a straight-forward, open course to pursue, +guided by a single principle that will bear the strongest light, we have +happily no political combinations to form, no alliances to entangle us, no +complicated interests to consult, and in subjecting all we have done to the +consideration of our citizens and to the inspection of the world we give no +advantage to other nations and lay ourselves open to no injury. + +It may not be improper to add that to preserve this state of things and +give confidence to the world in the integrity of our designs all our +consular and diplomatic agents are strictly enjoined to examine well every +cause of complaint preferred by our citizens, and while they urge with +proper earnestness those that are well founded, to countenance none that +are unreasonable or unjust, and to enjoin on our merchants and navigators +the strictest obedience to the laws of the countries to which they resort, +and a course of conduct in their dealings that may support the character of +our nation and render us respected abroad. + +Connected with this subject, I must recommend a revisal of our consular +laws. Defects and omissions have been discovered in their operation that +ought to be remedied and supplied. For your further information on this +subject I have directed a report to be made by the Secretary of State, +which I shall hereafter submit to your consideration. + +The internal peace and security of our confederated States is the next +principal object of the General Government. Time and experience have proved +that the abode of the native Indian within their limits is dangerous to +their peace and injurious to himself. In accordance with my recommendation +at a former session of Congress, an appropriation of $500K was made to aid +the voluntary removal of the various tribes beyond the limits of the +States. At the last session I had the happiness to announce that the +Chickasaws and Choctaws had accepted the generous offer of the Government +and agreed to remove beyond the Mississippi River, by which the whole of +the State of Mississippi and the western part of Alabama will be freed from +Indian occupancy and opened to a civilized population. The treaties with +these tribes are in a course of execution, and their removal, it is hoped, +will be completed in the course of 1832. + +At the request of the authorities of Georgia the registration of Cherokee +Indians for emigration has been resumed, and it is confidently expected +that half, if not two-third, of that tribe will follow the wise example of +their more westerly brethren. Those who prefer remaining at their present +homes will hereafter be governed by the laws of Georgia, as all her +citizens are, and cease to be the objects of peculiar care on the part of +the General Government. + +During the present year the attention of the Government has been +particularly directed to those tribes in the powerful and growing State of +Ohio, where considerable tracts of the finest lands were still occupied by +the aboriginal proprietors. Treaties, either absolute or conditional, have +been made extinguishing the whole Indian title to the reservations in that +State, and the time is not distant, it is hoped, when Ohio will be no +longer embarrassed with the Indian population. The same measures will be +extended to Indiana as soon as there is reason to anticipate success. It is +confidently believed that perseverance for a few years in the present +policy of the Government will extinguish the Indian title to all lands +lying within the States composing our Federal Union, and remove beyond +their limits every Indian who is not willing to submit to their laws. + +Thus will all conflicting claims to jurisdiction between the States and the +Indian tribes be put to rest. It is pleasing to reflect that results so +beneficial, not only to the States immediately concerned, but to the +harmony of the Union, will have been accomplished by measures equally +advantageous to the Indians. What the native savages become when surrounded +by a dense population and by mixing with the whites may be seen in the +miserable remnants of a few Eastern tribes, deprived of political and civil +rights, forbidden to make contracts, and subjected to guardians, dragging +out a wretched existence, without excitement, without hope, and almost +without thought. + +But the removal of the Indians beyond the limits and jurisdiction of the +States does not place them beyond the reach of philanthropic aid and +Christian instruction. On the contrary, those whom philanthropy or religion +may induce to live among them in their new abode will be more free in the +exercise of their benevolent functions than if they had remained within the +limits of the States, embarrassed by their internal regulations. Now +subject to no control but the superintending agency of the General +Government, exercised with the sole view of preserving peace, they may +proceed unmolested in the interesting experiment of gradually advancing a +community of American Indians from barbarism to the habits and enjoyments +of civilized life. + +Among the happiest effects of the improved relations of our Republic has +been an increase of trade, producing a corresponding increase of revenue +beyond the most sanguine anticipations of the Treasury Department. + +The state of the public finances will be fully shown by the Secretary of +the Treasury in the report which he will presently lay before you. I will +here, however, congratulate you upon their prosperous condition. The +revenue received in the present year will not fall short of $27,700,000, +and the expenditures for all objects other than the public debt will not +exceed $14,700,000. The payment on account of the principal and interest of +the debt during the year will exceed $16,500,000, a greater sum than has +been applied to that object out of the revenue in any year since the +enlargement of the sinking fund except the two years following immediately +there after. The amount which will have been applied to the public debt +from [1829-03-04] to [1832-01-01], which is less than three years since the +Administration has been placed in my hands, will exceed $40,000,000. + +From the large importations of the present year it may be safely estimated +that the revenue which will be received into the Treasury from that source +during the next year, with the aid of that received from the public lands, +will considerably exceed the amount of the receipts of the present year; +and it is believed that with the means which the Government will have at +its disposal from various sources, which will be fully stated by the proper +Department, the whole of the public debt may be extinguished, either by +redemption or purchase, within the four years of my Administration. We +shall then exhibit the rare example of a great nation, abounding in all the +means of happiness and security, altogether free from debt. + +The confidence with which the extinguishment of the public debt may be +anticipated presents an opportunity for carrying into effect more fully the +policy in relation to import duties which has been recommended in my former +messages. A modification of the tariff which shall produce a reduction of +our revenue to the wants of the Government and an adjustment of the duties +on imports with a view to equal justice in relation to all our national +interests and to the counteraction of foreign policy so far as it may be +injurious to those interests, is deemed to be one of the principal objects +which demand the consideration of the present Congress. Justice to the +interests of the merchant as well as the manufacturer requires that +material reductions in the import duties be prospective; and unless the +present Congress shall dispose of the subject the proposed reductions can +not properly be made to take effect at the period when the necessity for +the revenue arising from present rates shall cease. It is therefore +desirable that arrangements be adopted at your present session to relieve +the people from unnecessary taxation after the extinguishment of the public +debt. In the exercise of that spirit of concession and conciliation which +has distinguished the friends of our Union in all great emergencies, it is +believed that this object may be effected without injury to any national +interest. + +In my annual message of [1829-12], I had the honor to recommend the +adoption of a more liberal policy than that which then prevailed toward +unfortunate debtors to the Government, and I deem it my duty again to +invite your attention to this subject. + +Actuated by similar views, Congress at their last session passed an act for +the relief of certain insolvent debtors of the United States, but the +provisions of that law have not been deemed such as were adequate to that +relief to this unfortunate class of our fellow citizens which may be safely +extended to them. The points in which the law appears to be defective will +be particularly communicated by the Secretary of the Treasury, and I take +pleasure in recommending such an extension of its provisions as will +unfetter the enterprise of a valuable portion of our citizens and restore +to them the means of usefulness to themselves and the community. While +deliberating on this subject I would also recommend to your consideration +the propriety of so modifying the laws for enforcing the payment of debts +due either to the public or to individuals suing in the courts of the +United States as to restrict the imprisonment of the person to cases of +fraudulent concealment of property. The personal liberty of the citizen +seems too sacred to be held, as in many cases it now is, at the will of a +creditor to whom he is willing to surrender all the means he has of +discharging his debt. + +The reports from the Secretaries of the War and Navy Departments and from +the PostMaster General, which accompany this message, present satisfactory +views of the operations of the Departments respectively under their charge, +and suggest improvements which are worthy of and to which I invite the +serious attention of Congress. Certain defects and omissions having been +discovered in the operation of the laws respecting patents, they are +pointed out in the accompanying report from the Secretary of State. + +I have heretofore recommended amendments of the Federal Constitution giving +the election of President and Vice-President to the people and limiting the +service of the former to a single term. So important do I consider these +changes in our fundamental law that I can not, in accordance with my sense +of duty, omit to press them upon the consideration of a new Congress. For +my views more at large, as well in relation to these points as to the +disqualification of members of Congress to receive an office from a +President in whose election they have had an official agency, which I +proposed as a substitute, I refer you to my former messages. + +Our system of public accounts is extremely complicated, and it is believed +may be much improved. Much of the present machinery and a considerable +portion of the expenditure of public money may be dispensed with, while +greater facilities can be afforded to the liquidation of claims upon the +Government and an examination into their justice and legality quite as +efficient as the present secured. With a view to a general reform in the +system, I recommend the subject to the attention of Congress. + +I deem it my duty again to call your attention to the condition of the +District of Columbia. It was doubtless wise in the framers of our +Constitution to place the people of this District under the jurisdiction of +the General Government, but to accomplish the objects they had in view it +is not necessary that this people should be deprived of all the privileges +of self-government. Independently of the difficulty of inducing the +representatives of distant States to turn their attention to projects of +laws which are not of the highest interest to their constituents, they are +not individually, nor in Congress collectively, well qualified to legislate +over the local concerns of this District. Consequently its interests are +much neglected, and the people are almost afraid to present their +grievances, lest a body in which they are not represented and which feels +little sympathy in their local relations should in its attempt to make laws +for them do more harm than good. + +Governed by the laws of the States whence they were severed, the two shores +of the Potomac within the 10 miles square have different penal codes -- not +the present codes of Virginia and Maryland, but such as existed in those +States at the time of the cession to the United States. As Congress will +not form a new code, and as the people of the District can not make one for +themselves, they are virtually under two governments. Is it not just to +allow them at least a Delegate in Congress, if not a local legislature, to +make laws for the District, subject to the approval or rejection of +Congress? I earnestly recommend the extension to them of every political +right which their interests require and which may be compatible with the +Constitution. + +The extension of the judiciary system of the United States is deemed to be +one of the duties of the Government. One-fourth of the States in the Union +do not participate in the benefits of a circuit court. To the States of +Indiana, Illinois, Missouri, Alabama, Mississippi, and Louisiana, admitted +into the Union since the present judicial system was organized, only a +district court has been allowed. If this be sufficient, then the circuit +courts already existing in 18 States ought to be abolished; if it be not +sufficient, the defect ought to be remedied, and these States placed on the +same footing with the other members of the Union. It was on this condition +and on this footing that they entered the Union, and they may demand +circuit courts as a matter not of concession, but of right. I trust that +Congress will not adjourn leaving this anomaly in our system. + +Entertaining the opinions heretofore expressed in relation to the Bank of +the United States as at present organized, I felt it my duty in my former +messages frankly to disclose them, in order that the attention of the +Legislature and the people should be seasonably directed to that important +subject, and that it might be considered and finally disposed of in a +manner best calculated to promote the ends of the Constitution and subserve +the public interests. Having thus conscientiously discharged a +constitutional duty, I deem it proper on this occasion, without a more +particular reference to the views of the subject then expressed to leave it +for the present to the investigation of an enlightened people and their +representatives. + +In conclusion permit me to invoke that Power which superintends all +governments to infuse into your deliberations at this important crisis of +our history a spirit of mutual forbearance and conciliation. In that spirit +was our Union formed, and in that spirit must it be preserved. + +*** + +State of the Union Address +Andrew Jackson +December 4, 1832 + +Fellow Citizens of the Senate and of the House of Representatives: + +It gives me pleasure to congratulate you upon your return to the seat of +Government for the purpose of discharging your duties to the people of the +United States. Although the pestilence which had traversed the Old World +has entered our limits and extended its ravages over much of our land, it +has pleased Almighty God to mitigate its severity and lessen the number of +its victims compared with those who have fallen in most other countries +over which it has spread its terrors. Not with standing this visitation, +our country presents on every side marks of prosperity and happiness +unequaled, perhaps, in any other portion of the world. If we fully +appreciate our comparative condition, existing causes of discontent will +appear unworthy of attention, and, with hearts of thankfulness to that +divine Being who has filled our cup of prosperity, we shall feel our +resolution strengthened to preserve and hand down to our posterity that +liberty and that union which we have received from our fathers, and which +constitute the sources and the shield of all our blessings. + +The relations of our country continue to present the same picture of +amicable intercourse that I had the satisfaction to hold up to your view at +the opening of your last session. The same friendly professions, the same +desire to participate in our flourishing commerce, the same dispositions, +evinced by all nations with whom we have any intercourse. This desirable +state of things may be mainly ascribed to our undeviating practice of the +rule which has long guided our national policy, to require no exclusive +privileges in commerce and to grant none. It is daily producing its +beneficial effect in the respect shown to our flag, the protection of our +citizens and their property abroad, and in the increase of our navigation +and the extension of our mercantile operations. The returns which have been +made out since we last met will show an increase during the last preceding +year of more than 80K tons in our shipping and of near $40,000,000 in the +aggregate of our imports and exports. + +Nor have we less reason to felicitate ourselves on the position of our +political than of our commercial concerns. They remain in the state in +which they were when I last addressed you -- a state of prosperity and +peace, the effect of a wise attention to the parting advice of the revered +Father of his Country on this subject, condensed into a maxim for the use +of posterity by one of his most distinguished successors -- to cultivate +free commerce and honest friendship with all nations, but to make +entangling alliances with none. A strict adherence to this policy has kept +us aloof from the perplexing questions that now agitate the European world +and have more than once deluged those countries with blood. Should those +scenes unfortunately recur, the parties to the contest may count on a +faithful performance of the duties incumbent on us as a neutral nation, and +our own citizens may equally rely on the firm assertion of their neutral +rights. + +With the nation that was our earliest friend and ally in the infancy of our +political existence the most friendly relations have subsisted through the +late revolutions of its Government, and, from the events of the last, +promise a permanent duration. It has made an approximation in some of its +political institutions to our own, and raised a monarch to the throne who +preserves, it is said, a friendly recollection of the period during which +he acquired among our citizens the high consideration that could then have +been produced by his personal qualifications alone. + +Our commerce with that nation is gradually assuming a mutually beneficial +character, and the adjustment of the claims of our citizens has removed the +only obstacle there was to an intercourse not only lucrative, but +productive of literary and scientific improvement. + +From Great Britain I have the satisfaction to inform you that I continue to +receive assurances of the most amicable disposition, which have on my part +on all proper occasions been promptly and sincerely reciprocated. The +attention of that Government has latterly been so much engrossed by matters +of a deeply interesting domestic character that we could not press upon it +the renewal of negotiations which had been unfortunately broken off by the +unexpected recall of our minister, who had commenced them with some hopes +of success. My great object was the settlement of questions which, though +now dormant, might here-after be revived under circumstances that would +endanger the good understanding which it is the interest of both parties to +preserve inviolate, cemented as it is by a community of language, manners, +and social habits, and by the high obligations we owe to our British +ancestors for many of our most valuable institutions and for that system of +representative government which has enabled us to preserve and improve +them. + +The question of our North-East boundary still remains unsettled. In my last +annual message I explained to you the situation in which I found that +business on my coming into office, and the measures I thought it my duty to +pursue for asserting the rights of the United States before the sovereign +who had been chosen by my predecessor to determine the question, and also +the manner in which he had disposed of it. A special message to the Senate +in their executive capacity afterwards brought before them to the question +whether they would advise a submission to the opinion of the sovereign +arbiter. That body having considered the award as not obligatory and +advised me to open a further negotiation, the proposition was immediately +made to the British Government, but the circumstances to which I have +alluded have hitherto prevented any answer being given to the overture. +Early attention, however, has been promised to the subject, and every +effort on my part will be made for a satisfactory settlement of this +question, interesting to the Union generally, and particularly so to one of +its members. + +The claims of our citizens on Spain are not yet acknowledged. On a closer +investigation of them than appears to have heretofore taken place it was +discovered that some of these demands, however strong they might be upon +the equity of that Government, were not such as could be made the subject +of national interference; and faithful to the principle of asking nothing +but what was clearly right, additional instructions have been sent to +modify our demands so as to embrace those only on which, according to the +laws of nations, we had a strict right to insist. An inevitable delay in +procuring the documents necessary for this review of the merits of these +claims retarded this operation until an unfortunate malady which has +afflicted His Catholic Majesty prevented an examination of them. Being now +for the first time presented in an unexceptionable form, it is confidently +hoped that the application will be successful. + +I have the satisfaction to inform you that the application I directed to be +made for the delivery of a part of the archives of Florida, which had been +carried to The Havannah, has produced a royal order for their delivery, and +that measures have been taken to procure its execution. + +By the report of the Secretary of State communicated to you on [1832-06-25] +you were informed of the conditional reduction obtained by the minister of +the United States at Madrid of the duties on tonnage levied on American +shipping in the ports of Spain. The condition of that reduction having been +complied with on our part by the act passed [1832-07-13], I have the +satisfaction to inform you that our ships now pay no higher nor other +duties in the continental ports of Spain than are levied on their national +vessels. + +The demands against Portugal for illegal captures in the blockade of +Terceira have been allowed to the full amount of the accounts presented by +the claimants, and payment was promised to be made in three installments. +The first of these has been paid; the second, although due, had not at the +date of our last advices been received, owing, it was alleged, to +embarrassments in the finances consequent on the civil war in which that +nation is engaged. + +The payments stipulated by the convention with Denmark have been punctually +made, and the amount is ready for distribution among the claimants as soon +as the board, now sitting, shall have performed their functions. + +I regret that by the last advices from our chargé d'affaires at +Naples that Government had still delayed the satisfaction due to our +citizens, but at that date the effect of the last instructions was not +known. Dispatches from thence are hourly expected, and the result will be +communicated to you without delay. + +With the rest of Europe our relations, political and commercial, remain +unchanged. Negotiations are going on to put on a permanent basis the +liberal system of commerce now carried on between us and the Empire of +Russia. The treaty concluded with Austria is executed by His Imperial +Majesty with the most perfect good faith, and as we have no diplomatic +agent at his Court he personally inquired into and corrected a proceeding +of some of his subaltern officers to the injury of our consul in one of his +ports. + +Our treaty with the Sublime Porte is producing its expected effects on our +commerce. New markets are opening for our commodities and a more extensive +range for the employment of our ships. A slight augmentation of the duties +on our commerce, inconsistent with the spirit of the treaty, had been +imposed, but on the representation of our chargé d'affaires it has +been promptly withdrawn, and we now enjoy the trade and navigation of the +Black Sea and of all the ports belonging to the Turkish Empire and Asia on +the most perfect equality with all foreign nations. + +I wish earnestly that in announcing to you the continuance of friendship +and the increase of a profitable commercial intercourse with Mexico, with +Central America, and the States of the South I could accompany it with the +assurance that they all are blessed with that internal tranquillity and +foreign peace which their heroic devotion to the cause of their +independence merits. In Mexico a sanguinary struggle is now carried on, +which has caused some embarrassment to our commerce, but both parties +profess the most friendly disposition toward us. To the termination of this +contest we look for the establishment of that secure intercourse so +necessary to nations whose territories are contiguous. How important it +will be to us we may calculate from the fact that even in this unfavorable +state of things our maritime commerce has increased, and an internal trade +by caravans from St. Louis to Santa Fe, under the protection of escorts +furnished by the Government, is carried on to great advantage and is daily +increasing. The agents provided for by the treaty, with this power to +designate the boundaries which it established, have been named on our part, +but one of the evils of the civil war now raging there has been that the +appointment of those with whom they were to cooperate has not yet been +announced to us. + +The Government of Central America has expelled from its territory the party +which some time since disturbed its peace. Desirous of fostering a +favorable disposition toward us, which has on more than one occasion been +evinced by this interesting country, I made a second attempt in this year +to establish a diplomatic intercourse with them; but the death of the +distinguished citizen whom I had appointed for that purpose has retarded +the execution of measures from which I hoped much advantage to our +commerce. The union of the three States which formed the Republic of +Colombia has been dissolved, but they all, it is believed, consider +themselves as separately bound by the treaty which was made in their +federal capacity. The minister accredited to the federation continues in +that character near the Government of New Grenada, and hopes were +entertained that a new union would be formed between the separate States, +at least for the purposes of foreign intercourse. Our minister has been +instructed to use his good offices, when ever they shall be desired, to +produce the reunion so much to be wished for, the domestic tranquillity of +the parties, and the security and facility of foreign commerce. + +Some agitations naturally attendant on an infant reign have prevailed in +the Empire of Brazil, which have had the usual effect upon commercial +operations, and while they suspended the consideration of claims created on +similar occasions, they have given rise to new complaints on the part of +our citizens. A proper consideration for calamities and difficulties of +this nature has made us less urgent and peremptory in our demands for +justice than duty to our fellow citizens would under other circumstances +have required. But their claims are not neglected, and will on all proper +occasions be urged, and it is hoped with effect. + +I refrain from making any communication on the subject of our affairs with +Buenos Ayres, because the negotiation communicated to you in my last annual +message was at the date of our last advices still pending and in a state +that would render a publication of the details inexpedient. + +A treaty of amity and commerce has been formed with the Republic of Chili, +which, if approved by the Senate, will be laid before you. That Government +seems to be established, and at peace with its neighbors; and its ports +being the resorts of our ships which are employed in the highly important +trade of the fisheries, this commercial convention can not but be of great +advantage to our fellow citizens engaged in that perilous but profitable +business. + +Our commerce with the neighboring State of Peru, owing to the onerous +duties levied on our principal articles of export, has been on the decline, +and all endeavors to procure an alteration have hitherto proved fruitless. +With Bolivia we have yet no diplomatic intercourse, and the continual +contests carried on between it and Peru have made me defer until a more +favorable period the appointment of any agent for that purpose. + +An act of atrocious piracy having been committed on one of our trading +ships by the inhabitants of a settlement on the west coast of Sumatra, a +frigate was dispatched with orders to demand satisfaction for the injury if +those who committed it should be found to be members of a regular +government, capable of maintaining the usual relations with foreign +nations; but if, as it was supposed and as they proved to be, they were a +band of lawless pirates, to inflict such a chastisement as would deter them +and others from like aggressions. This last was done, and the effect has +been an increased respect for our flag in those distant seas and additional +security for our commerce. + +In the view I have given of our connection with foreign powers allusions +have been made to their domestic disturbances or foreign wars, to their +revolutions or dissensions. It may be proper to observe that this is done +solely in cases where those events affect our political relations with +them, or to show their operation on our commerce. Further than this it is +neither our policy nor our right to interfere. Our best wishes on all +occasions, our good offices when required, will be afforded to promote the +domestic tranquillity and foreign peace of all nations with whom we have +any intercourse. Any intervention in their affairs further than this, even +by the expression of an official opinion, is contrary to our principles of +international policy, and will always be avoided. + +The report which the Secretary of the Treasury will in due time lay before +you will exhibit the national finances in a highly prosperous state. Owing +to the continued success of our commercial enterprise, which has enabled +the merchants to fulfill their engagements with the Government, the +receipts from customs during the year will exceed the estimate presented at +the last session, and with the other means of the Treasury will prove fully +adequate not only to meet the increased expenditures resulting from the +large appropriations made by Congress, but to provide for the payment of +all the public debt which is at present redeemable. + +It is now estimated that the customs will yield to the Treasury during the +present year upward of $28,000,000. The public lands, however, have proved +less productive than was anticipated, and according to present information +will not much exceed $2,000,000. The expenditures for all objects other +than the public debt are estimated to amount during the year to about +$16,500,000, while a still larger sum, viz, $18,000,000, will have been +applied to the principal and interest of the public debt. + +It is expected, however, that in consequence of the reduced rates of duty +which will take effect after [1833-03-03] there will be a considerable +falling off in the revenue from customs in the year 1833. It will never the +less be amply sufficient to provide for all the wants of the public +service, estimated even upon a liberal scale, and for the redemption and +purchase of the remainder of the public debt. On [1833-01-01] the entire +public debt of the United States, funded and unfunded, will be reduced to +within a fraction of $7,000,000, of which $2,227,363 are not of right +redeemable until [1834-01-01] and $4,735,296 not until [1835-01-02]. The +commissioners of the sinking funds, however, being invested with full +authority to purchase the debt at the market price, and the means of the +Treasury being ample, it may be hoped that the whole will be extinguished +within the year 1833. + +I can not too cordially congratulate Congress and my fellow citizens on the +near approach of that memorable and happy event -- the extinction of the +public debt of this great and free nation. + +Faithful to the wise and patriotic policy marked out by the legislation of +the country for this object, the present Administration has devoted to it +all the means which a flourishing commerce has supplied and a prudent +economy preserved for the public Treasury. Within the four years for which +the people have confided the Executive power to my charge $58,000,000 will +have been applied to the payment of the public debt. That this has been +accomplished without stinting the expenditures for all other proper objects +will be seen by referring to the liberal provision made during the same +period for the support and increase of our means of maritime and military +defense, for internal improvements of a national character, for the removal +and preservation of the Indians, and, lastly, for the gallant veterans of +the Revolution. + +The final removal of this great burthen from our resources affords the +means of further provision for all the objects of general welfare and +public defense which the Constitution authorizes, and presents the occasion +for such further reductions in the revenue as may not be required for them. +From the report of the Secretary of the Treasury it will be seen that after +the present year such a reduction may be made to a considerable extent, and +the subject is earnestly recommended to the consideration of Congress in +the hope that the combined wisdom of the representatives of the people will +devise such means of effecting that salutary object as may remove those +burthens which shall be found to fall unequally upon any and as may promote +all the great interests of the community. + +Long and patient reflection has strengthened the opinions I have heretofore +expressed to Congress on this subject, and I deem it my duty on the present +occasion again to urge them upon the attention of the Legislature. The +soundest maxims of public policy and the principals upon which our +republican institutions are founded recommend a proper adaptation of the +revenue to the expenditure, and they also require that the expenditure +shall be limited to what, by an economical administration, shall be +consistent with the simplicity of the Government and necessary to an +efficient public service. + +In effecting this adjustment it is due, in justice to the interests of the +different States, and even to the preservation of the Union itself, that +the protection afforded by existing laws to any branches of the national +industry should not exceed what may be necessary to counteract the +regulations of foreign nations and to secure a supply of those articles of +manufacture essential to the national independence and safety in time of +war. If upon investigation it shall be found, as it is believed it will be, +that the legislative protection granted to any particular interest is +greater than is indispensably requisite for these objects, I recommend that +it be gradually diminished, and that as far as may be consistent with these +objects the whole scheme of duties be reduced to the revenue standard as +soon as a just regard to the faith of the Government and to the +preservation of the large capital invested in establishments of domestic +industry will permit. + +That manufactures adequate to the supply of our domestic consumption would +in the abstract be beneficial to our country there is no reason to doubt, +and to effect their establishment there is perhaps no American citizen who +would not for a while be willing to pay a higher price for them. But for +this purpose it is presumed that a tariff of high duties, designed for +perpetual protection, which they maintain has the effect to reduce the +price by domestic competition below that of the foreign article. +Experience, however, our best guide on this as on other subjects, makes it +doubtful whether the advantages of this system are not counter-balanced by +many evils, and whether it does not tend to beget in the minds of a large +portion of our country-men a spirit of discontent and jealousy dangerous to +the stability of the Union. + +What, then, shall be done? Large interests have grown up under the implied +pledge of our national legislation, which it would seem a violation of +public faith suddenly to abandon. Nothing could justify it but the public +safety, which is the supreme law. But those who have vested their capital +in manufacturing establishments can not expect that the people will +continue permanently to pay high taxes for their benefit, when the money is +not required for any legitimate purpose in the administration of the +Government. Is it not enough that the high duties have been paid as long as +the money arising from them could be applied to the common benefit in the +extinguishment of the public debt? + +Those who take an enlarged view of the condition of our country must be +satisfied that the policy of protection must be ultimately limited to those +articles of domestic manufacture which are indispensable to our safety in +time of war. Within this scope, on a reasonable scale, it is recommended by +every consideration of patriotism and duty, which will doubtless always +secure to it a liberal and efficient support. But beyond this object we +have already seen the operation of the system productive of discontent. In +some sections of the Republic its influence is deprecated as tending to +concentrate wealth into a few hands, and as creating those germs of +dependence and vice which in other countries have characterized the +existence of monopolies and proved so destructive of liberty and the +general good. A large portion of the people in one section of the Republic +declares it not only inexpedient on these grounds, but as disturbing the +equal relations of property by legislation, and therefore unconstitutional +and unjust. + +Doubtless these effects are in a great degree exaggerated, and may be +ascribed to a mistaken view of the considerations which led to the adoption +of the tariff system; but they are never the less important in enabling us +to review the subject with a more thorough knowledge of all its bearings +upon the great interests of the Republic, and with a determination to +dispose of it so that none can with justice complain. + +It is my painful duty to state that in one quarter of the United States +opposition to the revenue laws has arisen to a height which threatens to +thwart their execution, if not to endanger the integrity of the Union. What +ever obstructions may be thrown in the way of the judicial authorities of +the General Government, it is hoped they will be able peaceably to overcome +them by the prudence of their own officers and the patriotism of the +people. But should this reasonable reliance on the moderation and good +sense of all portions of our fellow citizens be disappointed, it is +believed that the laws themselves are fully adequate to the suppression of +such attempts as may be immediately made. Should the exigency arise +rendering the execution of the existing laws impracticable from any cause +what ever, prompt notice of it will be given to Congress, with a suggestion +of such views and measures as may be deemed necessary to meet it. + +In conformity with principles heretofore explained, and with the hope of +reducing the General Government to that simple machine which the +Constitution created and of withdrawing from the States all other influence +than that of its universal beneficence in preserving peace, affording an +uniform currency, maintaining the inviolability of contracts, diffusing +intelligence, and discharging unfelt its other super-intending functions, I +recommend that provision be made to dispose of all stocks now held by it in +corporations, whether created by the General or State Governments, and +placing the proceeds in the Treasury. As a source of profit these stocks +are of little or no value; as a means of influence among the States they +are adverse to the purity of our institutions. The whole principle on which +they are based is deemed by many unconstitutional, and to persist in the +policy which they indicate is considered wholly inexpedient. + +It is my duty to acquaint you with an arrangement made by the Bank of the +United States with a portion of the holders of the 3% stock, by which the +Government will be deprived of the use of the public funds longer than was +anticipated. By this arrangement, which will be particularly explained by +the Secretary of the Treasury, a surrender of the certificates of this +stock may be postponed until [1833 October], and thus may be continued by +the failure of the bank to perform its duties. + +Such measures as are within the reach of the Secretary of the Treasury have +been taken to enable him to judge whether the public deposits in that +institution may be regarded as entirely safe; but as his limited power may +prove inadequate to this object, I recommend the subject to the attention +of Congress, under the firm belief that it is worthy of their serious +investigation. An inquiry into the transactions of the institution, +embracing the branches as well as the principal bank, seems called for by +the credit which is given throughout the country to many serious charges +impeaching its character, and which if true may justly excite the +apprehension that it is no longer a safe depository of the money of the +people. + +Among the interests which merit the consideration of Congress after the +payment of the public debt, one of the most important, in my view, is that +of the public lands. Previous to the formation of our present Constitution +it was recommended by Congress that a portion of the waste lands owned by +the States should be ceded to the United States for the purposes of general +harmony and as a fund to meet the expenses of the war. The recommendation +was adopted, and at different periods of time the States of Massachusetts, +New York, Virginia, North and South Carolina, and Georgia granted their +vacant soil for the uses for which they had been asked. As the lands may +now be considered as relieved from this pledge, it is in the discretion of +Congress to dispose of them in such way as best to conduce to the quiet, +harmony, and general interest of the American people. In examining this +question all local and sectional feelings should be discarded and the whole +United States regarded as one people, interested alike in the prosperity of +their common country. + +It can not be doubted that the speedy settlement of these lands constitutes +the true interest of the Republic. The wealth and strength of a country are +its population, and the best part of that population are cultivators of the +soil. Independent farmers are every where the basis of society and true +friends of liberty. + +In addition to these considerations questions have already arisen, and may +be expected hereafter to grow out of the public lands, which involve the +rights of the new States and the powers of the General Government, and +unless a liberal policy be now adopted there is danger that these questions +may speedily assume an importance not now generally anticipated. The +influence of a great sectional interest, when brought into full action, +will be found more dangerous to the harmony and union of the States than +any other cause of discontent, and it is the part of wisdom and sound +policy to foresee its approaches and endeavor if possible to counteract +them. + +Of the various schemes which have been hitherto proposed in regard to the +disposal of the public lands, none has yet received the entire approbation +of the National Legislature. Deeply impressed with the importance of a +speedy and satisfactory arrangement of the subject, I deem it my duty on +this occasion to urge it upon your consideration, and to the propositions +which have been heretofore suggested by others to contribute those +reflections which have occurred to me, in the hope that they may assist you +in your future deliberations. + +It seems to me to be our policy that the public lands shall cease as soon +as practicable to be a source of revenue, and that they be sold to settlers +in limited parcels at a price barely sufficient to reimburse to the United +States the expense of the present system and the cost arising under our +Indian compacts. The advantages of accurate surveys and undoubted titles +now secured to purchasers seem to forbid the abolition of the present +system, because none can be substituted which will more perfectly +accomplish these important ends. It is desirable, however, that in +convenient time this machinery be withdrawn from the States, and that the +right of soil and the future disposition of it be surrendered to the States +respectively in which it lies. + +The adventurous and hardy population of the West, besides contributing +their equal share of taxation under our impost system, have in the progress +of our Government, for the lands they occupy, paid into the Treasury a +large proportion of $40,000,000, and of the revenue received therefrom but +a small part has been expended among them. When to the disadvantage of +their situation in this respect we add the consideration that it is their +labor alone which gives real value to the lands, and that the proceeds +arising from their sale are distributed chiefly among States which had not +originally any claim to them, and which have enjoyed the undivided +emolument arising from the sale of their own lands, it can not be expected +that the new States will remain longer contented with the present policy +after the payment of the public debt. To avert the consequences which may +be apprehended from this cause, to pub an end for ever to all partial and +interested legislation on the subject, and to afford to every American +citizen of enterprise the opportunity of securing an independent freehold, +it seems to me, therefore, best to abandon the idea of raising a future +revenue out of the public lands. + +In former messages I have expressed my conviction that the Constitution +does not warrant the application of the funds of the General Government to +objects of internal improvement which are not national in their character, +and, both as a means of doing justice to all interests and putting an end +to a course of legislation calculated to destroy the purity of the +Government, have urged the necessity of reducing the whole subject to some +fixed and certain rule. As there never will occur a period, perhaps, more +propitious than the present to the accomplishment of this object, I beg +leave to press the subject again upon your attention. + +Without some general and well-defined principles ascertaining those objects +of internal improvement to which the means of the nation may be +constitutionally applied, it is obvious that the exercise of the power can +never be satisfactory. Besides the danger to which it exposes Congress of +making hasty appropriations to works of the character of which they may be +frequently ignorant, it promotes a mischievous and corrupting influence +upon elections by holding out to the people the fallacious hope that the +success of a certain candidate will make navigable their neighboring creek +or river, bring commerce to their doors, and increase the value of their +property. It thus favors combinations to squander the treasure of the +country upon a multitude of local objects, as fatal to just legislation as +to the purity of public men. + +If a system compatible with the Constitution can not be devised which is +free from such tendencies, we should recollect that that instrument +provides within itself the mode of its amendment, and that there is, +therefore, no excuse for the assumption of doubtful powers by the General +Government. If those which are clearly granted shall be found incompetent +to the ends of its creation, it can at any time apply for their +enlargement; and there is no probability that such an application, if +founded on the public interest, will ever be refused. If the propriety of +the proposed grant be not sufficiently apparent to command the assent of +3/4 of the States, the best possible reason why the power should not be +assumed on doubtful authority is afforded; for if more than one quarter of +the States are unwilling to make the grant its exercise will be productive +of discontents which will far over-balance any advantages that could be +derived from it. All must admit that there is nothing so worthy of the +constant solicitude of this Government as the harmony and union of the +people. + +Being solemnly impressed with the conviction that the extension of the +power to make internal improvements beyond the limit I have suggested, even +if it be deemed constitutional, is subversive of the best interests of our +country, I earnestly recommend to Congress to refrain from its exercise in +doubtful cases, except in relation to improvements already begun, unless +they shall first procure from the States such an amendment of the +Constitution as will define its character and prescribe its bounds. If the +States feel themselves competent to these objects, why should this +Government wish to assume the power? If they do not, then they will not +hesitate to make the grant. Both Governments are the Governments of the +people; improvements must be made with the money of the people, and if the +money can be collected and applied by those more simple and economical +political machines, the State governments, it will unquestionably be safer +and better for the people than to add to the splendor, the patronage, and +the power of the General Government. But if the people of the several +States think otherwise they will amend the Constitution, and in their +decision all ought cheerfully to acquiesce. + +For a detailed and highly satisfactory view of the operations of the War +Department I refer you to the accompanying report of the Secretary of War. + +The hostile incursions of the Sac and Fox Indians necessarily led to the +interposition of the Government. A portion of the troops, under Generals +Scott and Atkinson, and of the militia of the State of Illinois were called +into the field. After a harassing warfare, prolonged by the nature of the +country and by the difficulty of procuring subsistence, the Indians were +entirely defeated, and the disaffected band dispersed or destroyed. The +result has been creditable to the troops engaged in the service. Severe as +is the lesson to the Indians, it was rendered necessary by their unprovoked +aggressions, and it is to be hoped that its impression will be permanent +and salutary. + +This campaign has evinced the efficient organization of the Army and its +capacity for prompt and active service. Its several departments have +performed their functions with energy and dispatch, and the general +movement was satisfactory. + +Our fellow citizens upon the frontiers were ready, as they always are, in +the tender of their services in the hour of danger. But a more efficient +organization of our militia system is essential to that security which is +one of the principal objects of all governments. Neither our situation nor +our institutions require or permit the maintenance of a large regular +force. History offers too many lessons of the fatal result of such a +measure not to warn us against its adoption here. The expense which attends +it, the obvious tendency to employ it because it exists and thus to engage +in unnecessary wars, and its ultimate danger to public liberty will lead +us, I trust, to place our principal dependence for protection upon the +great body of the citizens of the Republic. If in asserting rights or in +repelling wrongs war should come upon us, our regular force should be +increased to an extent proportional to the emergency, and our present small +Army is a nucleus around which such force could be formed and embodied. But +for the purposes of defense under ordinary circumstances we must rely upon +the electors of the country. Those by whom and for whom the Government was +instituted and is supported will constitute its protection in the hour of +danger as they do its check in the hour of safety. + +But it is obvious that the militia system is imperfect. Much time is lost, +much unnecessary expense incurred, and much public property wasted under +the present arrangement. Little useful knowledge is gained by the musters +and drills as now established, and the whole subject evidently requires a +thorough examination. Whether a plan of classification remedying these +defects and providing for a system of instruction might not be adopted is +submitted to the consideration of Congress. The Constitution has vested in +the General Government an independent authority upon the subject of the +militia which renders its action essential to the establishment or +improvement of the system, and I recommend the matter to your consideration +in the conviction that the state of this important arm of the public +defense requires your attention. + +I am happy to inform you that the wise and humane policy of transferring +from the eastern to the western side of the Mississippi the remnants of our +aboriginal tribes, with their own consent and upon just terms, has been +steadily pursued, and is approaching, I trust, its consummation. By +reference to the report of the Secretary of War and to the documents +submitted with it you will see the progress which has been made since your +last session in the arrangement of the various matters connected with our +Indian relations. With one exception every subject involving any question +of conflicting jurisdiction or of peculiar difficulty has been happily +disposed of, and the conviction evidently gains ground among the Indians +that their removal to the country assigned by the United States for their +permanent residence furnishes the only hope of their ultimate prosperity. + +With that portion of the Cherokees, however, living within the State of +Georgia it has been found impracticable as yet to make a satisfactory +adjustment. Such was my anxiety to remove all the grounds of complaint and +to bring to a termination the difficulties in which they are involved that +I directed the very liberal propositions to be made to them which accompany +the documents herewith submitted. They can not but have seen in these +offers the evidence of the strongest disposition on the part of the +Government to deal justly and liberally with them. An ample indemnity was +offered for their present possessions, a liberal provision for their future +support and improvement, and full security for their private and political +rights. What ever difference of opinion may have prevailed respecting the +just claims of these people, there will probably be none respecting the +liberality of the propositions, and very little respecting the expediency +of their immediate acceptance. They were, however, rejected, and thus the +position of these Indians remains unchanged, as do the views communicated +in my message to the Senate of [1831-02-22]. + +I refer you to the annual report of the Secretary of the Navy, which +accompanies this message, for a detail of the operations of that branch of +the service during the present year. + +Besides the general remarks on some of the transactions of our Navy +presented in the view which has been taken of our foreign relations, I +seize this occasion to invite to your notice the increased protection which +it has afforded to our commerce and citizens on distant seas without any +augmentation of the force in commission. In the gradual improvement of its +pecuniary concerns, in the constant progress in the collection of materials +suitable for use during future emergencies, and in the construction of +vessels and the buildings necessary to their preservation and repair, the +present state of this branch of the service exhibits the fruits of that +vigilance and care which are so indispensable to its efficiency. Various +new suggestions, contained in the annexed report, as well as others +heretofore to Congress, are worthy of your attention, but none more so than +that urging the renewal for another term of 6 years of the general +appropriation for the gradual improvement of the Navy. + +From the accompanying report of the PostMaster General you will also +perceive that that Department continues to extend its usefulness without +impairing its resources or lessening the accommodations which it affords in +the secure and rapid transportation of the mail. + +I beg leave to call the attention of Congress to the views heretofore +expressed in relation to the mode of choosing the President and Vice- +President of the United States, and to those respecting the tenure of +office generally. Still impressed with the justness of those views and with +the belief that the modifications suggested on those subjects if adopted +will contribute to the prosperity and harmony of the country, I earnestly +recommend them to your consideration at this time. + +I have heretofore pointed out defects in the law for punishing official +frauds, especially within the District of Columbia. It has been found +almost impossible to bring notorious culprits to punishment, and, according +to a decision of the court for this District, a prosecution is barred by a +lapse of two years after the fraud has been committed. It may happen again, +as it has already happened, that during the whole 2 years all the evidences +of the fraud may be in the possession of the culprit himself. However +proper the limitation may be in relation to private citizens, it would seem +that it ought not to commence running in favor of public officers until +they go out of office. + +The judiciary system of the United States remains imperfect. Of the 9 +Western and South Western States, three only enjoy the benefits of a +circuit court. Ohio, Kentucky, and Tennessee are embraced in the general +system, but Indiana, Illinois, Missouri, Alabama, Mississippi, and Louisian +have only district courts. If the existing system be a good one, why should +it not be extended? If it be a bad one, why is it suffered to exist? The +new States were promised equal rights and privileges when they came into +the Union, and such are the guaranties of the Constitution. Nothing can be +more obvious than the obligation of the General Government to place all the +States on the same footing in relation to the administration of justice, +and I trust this duty will be neglected no longer. + +On many of the subjects to which your attention is invited in this +communication it is a source of gratification to reflect that the steps to +be now adopted are uninfluenced by the embarrassments entailed upon the +country by the wars through which it has passed. In regard to most of our +great interests we may consider ourselves as just starting in our career, +and after a salutary experience about to fix upon a permanent basis the +policy best calculated to promote the happiness of the people and +facilitate their progress toward the most complete enjoyment of civil +liberty. On an occasion so interesting and important in our history, and of +such anxious concern to the friends of freedom throughout the world, it is +our imperious duty to lay aside all selfish and local considerations and be +guided by a lofty spirit of devotion to the great principles on which our +institutions are founded. + +That this Government may be so administered as to preserve its efficiency +in promoting and securing these general objects should be the only aim of +our ambition, and we can not, therefore, too carefully examine its +structure, in order that we may not mistake its powers or assume those +which the people have reserved to themselves or have preferred to assign to +other agents. We should bear constantly in mind the fact that the +considerations which induced the framers of the Constitution to withhold +from the General Government the power to regulate the great mass of the +business and concerns of the people have been fully justified by +experience, and that it can not now be doubted that the genius of all our +institutions prescribes simplicity and economy as the characteristics of +the reform which is yet to be effected in the present and future execution +of the functions bestowed upon us by the Constitution. + +Limited to a general superintending power to maintain peace at home and +abroad, and to prescribe laws on a few subjects of general interest not +calculated to restrict human liberty, but to enforce human rights, this +Government will find its strength and its glory in the faithful discharge +of these plain and simple duties. Relieved by its protecting shield from +the fear of war and the apprehension of oppression, the free enterprise of +our citizens, aided by the State sovereignties, will work out improvements +and ameliorations which can not fail to demonstrate that the great truth +that the people can govern themselves is not only realized in our example, +but that it is done by a machinery in government so simple and economical +as scarcely to be felt. That the Almighty Ruler of the Universe may so +direct our deliberations and over-rule our acts as to make us instrumental +in securing a result so dear to mankind is my most earnest and sincere +prayer. + +*** + +State of the Union Address +Andrew Jackson +December 3, 1833 + +Fellow Citizens of the Senate and of the House of Representatives: + +On your assembling to perform the high trusts which the people of the +United States have confided to you, of legislating for their common +welfare, it gives me pleasure to congratulate you upon the happy condition +of our beloved country. By the favor of Divine Providence health is again +restored to us, peace reigns within our borders, abundance crowns the +labors of our fields, commerce and domestic industry flourish and increase, +and individual happiness rewards the private virtue and enterprise of our +citizens. + +Our condition abroad is no less honorable than it is prosperous at home. +Seeking nothing that is not right and determined to submit to nothing that +is wrong, but desiring honest friendships and liberal intercourse with all +nations, the United States have gained throughout the world the confidence +and respect which are due to a policy so just and so congenial to the +character of the American people and to the spirit of their institutions. + +In bringing to your notice the particular state of our foreign affairs, it +affords me high gratification to inform you that they are in a condition +which promises the continuance of friendship with all nations. + +With Great Britain the interesting question of our North East boundary +remains still undecided. A negotiation, however, upon that subject has been +renewed since the close of the last Congress, and a proposition has been +submitted to the British Government with the view of establishing, in +conformity with the resolution of the Senate, the line designated by the +treaty of 1783. Though no definitive answer has been received, it may be +daily looked for, and I entertain a hope that the overture may ultimately +lead to a satisfactory adjustment of this important matter. + +I have the satisfaction to inform you that a negotiation which, by desire +of the House of Representatives, was opened some years ago with the British +Government, for the erection of light houses on the Bahamas, has been +successful. Those works, when completed, together with those which the +United States have constructed on the western side of the Gulf of Florida, +will contribute essentially to the safety of navigation in that sea. This +joint participation in establishments interesting to humanity and +beneficial to commerce is worthy of two enlightened nations, and indicates +feelings which can not fail to have a happy influence upon their political +relations. It is gratifying to the friends of both to perceive that the +intercourse between the two people is becoming daily more extensive, and +that sentiments of mutual good will have grown up befitting their common +origin and justifying the hope that by wise counsels on each side not only +unsettled questions may be satisfactorily terminated, but new causes of +misunderstanding prevented. + +Not withstanding that I continue to receive the most amicable assurances +from the Government of France, and that in all other respects the most +friendly relations exist between the United States and that Government, it +is to be regretted that the stipulations of the convention concluded on +1831-07-04 remain in some important parts unfulfilled. + +By the second article of that convention it was stipulated that the sum +payable to the United States should be paid at Paris, in 6 annual +installments, into the hands of such person or persons as should be +authorized by the Government of the United States to receive it, and by the +same article the first installment was payable on 1833-02-02. By the act of +Congress of 1832-07-13 it was made the duty of the Secretary of the +Treasury to cause the several installments, with the interest thereon, to +be received from the French Government and transferred to the United States +in such manner as he may deem best; and by the same act of Congress the +stipulations on the part of the United States in the convention were in all +respects fulfilled. Not doubting that a treaty thus made and ratified by +the two Governments, and faithfully executed by the United States, would be +promptly complied with by the other party, and desiring to avoid the risk +and expense of intermediate agencies, the Secretary of the Treasury deemed +it advisable to receive and transfer the first installment by means of a +draft upon the French minister of finance. + +A draft for this purpose was accordingly drawn in favor of the cashier of +the Bank of the United States for the amount accruing to the United States +out of the first installment, and the interest payable with it. This bill +was not drawn at Washington until 5 days after the installment was payable +at Paris, and was accompanied by a special authority from the President +authorizing the cashier or his assigns to receive the amount. The mode thus +adopted of receiving the installment was officially made known to the +French Government by the American chargé d'affaires at Paris, +pursuant to instructions from the Department of State. The bill, however, +though not presented for payment until 1833-03-23, was not paid, and for +the reason assigned by the French minister of finance that no appropriation +had been made by the French Chambers. It is not known to me that up to that +period any appropriation had been required of the Chambers, and although a +communication was subsequently made to the Chambers by direction of the +King, recommending that the necessary provision should be made for carrying +the convention into effect, it was at an advanced period of the session, +and the subject was finally postponed until the next meeting of the +Chambers. + +Not withstanding it has been supposed by the French ministry that the +financial stipulations of the treaty can not be carried into effect without +an appropriation by the Chambers, it appears to me to be not only +consistent with the character of France, but due to the character of both +Governments, as well as to the rights of our citizens, to treat the +convention, made and ratified in proper form, as pledging the good faith of +the French Government for its execution, and as imposing upon each +department an obligation to fulfill it; and I have received assurances +through our chargé d'affaires at Paris and the French minister +plenipotentiary at Washington, and more recently through the minister of +the United States at Paris, that the delay has not proceeded from any +indisposition on the part of the King and his ministers to fulfill their +treaty, and that measures will be presented at the next meeting of the +Chambers, and with a reasonable hope of success, to obtain the necessary +appropriation. + +It is necessary to state, however, that the documents, except certain lists +of vessels captured, condemned, or burnt at sea, proper to facilitate the +examination and liquidation of the reclamations comprised in the +stipulations of the convention, and which by the 6th article France engaged +to communicate to the United States by the intermediary of the legation, +though repeatedly applied for by the American chargé d'affaires +under instructions from this Government, have not yet been communicated; +and this delay, it is apprehended, will necessarily prevent the completion +of the duties assigned to the commissioners within the time at present +prescribed by law. + +The reasons for delaying to communicate these documents have not been +explicitly stated, and this is the more to be regretted as it is not +understood that the interposition of the Chambers is in any manner required +for the delivery of those papers. + +Under these circumstances, in a case so important to the interests of our +citizens and to the character of our country, and under disappointments so +unexpected, I deemed it my duty, however I might respect the general +assurances to which I have adverted, no longer to delay the appointment of +a minister plenipotentiary to Paris, but to dispatch him in season to +communicate the result of his application to the French Government at an +early period of your session. I accordingly appointed a distinguished +citizen for this purpose, who proceeded on his mission in August last and +was presented to the King early in the month of October. He is particularly +instructed as to all matters connected with the present posture of affairs, +and I indulge the hope that with the representations he is instructed to +make, and from the disposition manifested by the King and his ministers in +their recent assurances to our minister at Paris, the subject will be early +considered, and satisfactorily disposed of at the next meeting of the +Chambers. + +As this subject involves important interests and has attracted a +considerable share of the public attention, I have deemed it proper to make +this explicit statement of its actual condition, and should I be +disappointed in the hope now entertained the subject will be again brought +to the notice of Congress in such manner as the occasion may require. + +The friendly relations which have always been maintained between the United +States and Russia have been further extended and strengthened by the treaty +of navigation and commerce concluded on 1832-12-06, and sanctioned by the +Senate before the close of its last session. The ratifications having been +since exchanged, the liberal provisions of the treaty are now in full +force, and under the encouragement which they have secured a flourishing +and increasing commerce, yielding its benefits to the enterprise of both +nations, affords to each the just recompense of wise measures, and adds new +motives for that mutual friendship which the two countries have hitherto +cherished toward each other. + +It affords me peculiar satisfaction to state that the Government of Spain +has at length yielded to the justice of the claims which have been so long +urged in behalf of our citizens, and has expressed a willingness to provide +an indemnification as soon as the proper amount can be agreed upon. Upon +this latter point it is probable an understanding had taken place between +the minister of the United States and the Spanish Government before the +decease of the late King of Spain; and, unless that event may have delayed +its completion, there is reason to hope that it may be in my power to +announce to you early in your present session the conclusion of a +convention upon terms not less favorable than those entered into for +similar objects with other nations. That act of justice would well accord +with the character of Spain, and is due to the United States from their +ancient friend. It could not fail to strengthen the sentiments of amity and +good will between the two nations which it is so much the wish of the +United States to cherish and so truly the interest of both to maintain. + +By the first section of an act of Congress passed on 1832-07-13 the tonnage +duty on Spanish ships arriving from the ports of Spain previous to +1817-10-20, being 5 cents per ton. That act was intended to give effect on +our side to an arrangement made with the Spanish Government by which +discriminating duties of tonnage were to be abolished in the ports of the +United States and Spain on he vessels of the two nations. Pursuant to that +arrangement, which was carried into effect on the part of Spain on +1832-05-20, by a royal order dated 1832-04-29, American vessels in the +ports of Spain have paid 5 cents per ton, which rate of duty is also paid +in those ports by Spanish ships; but as American vessels pay no tonnage +duty in the ports of the United States, the duty of 5 cents payable in our +ports by Spanish vessels under the act above mentioned is really a +discriminating duty, operating to the disadvantage of Spain. + +Though no complaint has yet been made on the part of Spain, we are not the +less bound by the obligations of good faith to remove the discrimination, +and I recommend that the act be amended accordingly. As the royal order +above alluded to includes the ports of the Balearic and Canary islands as +well as those of Spain, it would seem that the provisions of the act of +Congress should be equally extensive, and that for the repayments of such +duties as may have been improperly received an addition should be made to +the sum appropriated at the last session of Congress for refunding +discriminating duties. + +As the arrangement referred to, however, did not embrace the islands of +Cuba and Puerto Rico, discriminating duties to the prejudice of American +shipping continue to be levied there. From the extent of the commerce +carried on between the United States and those islands, particularly the +former, this discrimination causes serious injury to one of those great +national interests which it has been considered an essential part of our +policy to cherish, and has given rise to complaints on the part of our +merchants. Under instructions given to our minister at Madrid, earnest +representations have been made by him to the Spanish Government upon this +subject, and there is reason to expect, from the friendly disposition which +is entertained toward this country, that a beneficial change will be +produced. + +The disadvantage, however, to which our shipping is subjected by the +operation of these discriminating duties requires that they be met by +suitable countervailing duties during your present session, power being at +the same time vested in the President to modify or discontinue them as the +discriminating duties on American vessels or their cargoes may be modified +or discontinued at those islands. Intimations have been given to the +Spanish Government that the United States may be obliged to resort to such +measures as are of necessary self-defense, and there is no reason to +apprehend that it would be unfavorably received. The proposed proceeding if +adopted would not be permitted, however, in any degree to induce a +relaxation in the efforts of our minister to effect a repeal of this +irregularity by friendly negotiation, and it might serve to give force to +his representations by showing the dangers to which that valuable trade is +exposed by the obstructions and burdens which a system of discriminating +and countervailing duties necessarily produces. + +The selection and preparation of the Florida archives for the purpose of +being delivered over to the United States, in conformity with the royal +order as mentioned in my last annual message, though in progress, has not +yet been completed. This delay has been produced partly by causes which +were unavoidable, particularly the prevalence of the cholera at Havana; but +measures have been taken which it is believed will expedite the delivery of +those important records. + +Congress were informed at the opening of the last session that "owing, as +was alleged, to embarrassments in the finances of Portugal, consequent upon +the civil war in which that nation was engaged", payment had been made of +only one installment of the amount which the Portuguese Government had +stipulated to pay for indemnifying our citizens for property illegally +captured in the blockade of Terceira. Since that time a postponement for +two years, with interest, of the 2 remaining installments was requested by +the Portuguese Government, and as a consideration it offered to stipulate +that rice of the United States should be admitted into Portugal at the same +duties as Brazilian rice. Being satisfied that no better arrangement could +be made, my consent was given, and a royal order of the King of Portugal +was accordingly issued on 1833-02-04 for the reduction of the duty on rice +of the United States. It would give me great pleasure if in speaking of +that country, in whose prosperity the United States are so much interested, +and with whom a long- subsisting, extensive, and mutually advantageous +commercial intercourse has strengthened the relation of friendship, I could +announce to you the restoration of its internal tranquillity. + +Subsequently to the commencement of the last session of Congress the final +installment payable by Denmark under the convention of 1830-03-28 was +received. The commissioners for examining the claims have since terminated +their labors, and their awards have been paid at the Treasury as they have +been called for. The justice rendered to our citizens by that Government is +thus completed, and a pledge is thereby afforded for the maintenance of +that friendly intercourse becoming the relations that the two nations +mutually bear to each other. + +It is satisfactory to inform you that the Danish Government have recently +issued an ordinance by which the commerce with the island of St. Croix is +placed on a more liberal footing than heretofore. This change can not fail +to prove beneficial to the trade between the United States and that colony, +and the advantages likely to flow from it may lead to greater relaxations +in the colonial systems of other nations. + +The ratifications of the convention with the King of the two Sicilies have +been duly exchanged, and the commissioners appointed for examining the +claims under it have entered upon the duties assigned to them by law. The +friendship that the interests of the two nations require of them being now +established, it may be hoped that each will enjoy the benefits which a +liberal commerce should yield to both. + +A treaty of amity and commerce between the United States and Belgium was +concluded during the last winter and received the sanction of the Senate, +but the exchange of the ratifications has been hitherto delayed, in +consequence, in the first instance, of some delay in the reception of the +treaty at Brussels, and, subsequently, of the absence of the Belgian +minister of foreign affairs at the important conferences in which his +Government is engaged at London. That treaty does but embody those enlarged +principles of friendly policy which it is sincerely hoped will always +regulate the conduct of the two nations having such strong motives to +maintain amicable relations toward each other and so sincerely desirous to +cherish them. + +With all the other European powers with whom the United States have formed +diplomatic relations and with the Sublime Porte the best understanding +prevails. From all I continue to receive assurances of good will toward the +United States -- assurances which it gives me no less pleasure to +reciprocate than to receive. With all, the engagements which have been +entered into are fulfilled with good faith on both sides. Measures have +also been taken to enlarge our friendly relations and extend our commercial +intercourse with other States. The system we have pursued of aiming at no +exclusive advantages, of dealing with all on terms of fair and equal +reciprocity, and of adhering scrupulously to all our engagements is well +calculated to give success to efforts intended to be mutually beneficial. + +The wars of which the southern part of this continent was so long the +theater, and which were carried on either by the mother country against the +States which had formerly been her colonies or by the States against each +other, having terminated, and their civil dissensions having so far +subsided as with few exceptions no longer to disturb the public +tranquillity, it is earnestly hoped those States will be able to employ +themselves without interruption in perfecting their institutions, +cultivating the arts of peace, and promoting by wise councils and able +exertions the public and private prosperity which their patriotic struggles +so well entitle them to enjoy. + +With those States our relations have under-gone but little change during +the present year. No reunion having yet taken place between the States +which composed the Republic of Colombia, our chargé d'affaires at +Bogota has been accredited to the Government of New Grenada, and we have, +therefore, no diplomatic relations with Venezuela and Equator, except as +they may be included in those heretofore formed with the Colombian +Republic. + +It is understood that representatives from the three stattes were about to +assemble at Bogota to confer on the subject of their mutual interests, +particularly that of their union, and if the result should render it +necessary, measures will be taken on our part to preserve with each that +friendship and those liberal commercial connections which it has been the +constant desire of the United States to cultivate with their sister +Republics of this hemisphere. Until the important question of reunion shall +be settled, however, the different matters which have been under discussion +between the United States and the Republic of Colombia, or either of the +States which composed it, are not likely to be brought to a satisfactory +issue. + +In consequence of the illness of the chargé d'affaires appointed to +Central America at the last session of Congress, he was prevented from +proceeding on his mission until the month of October. It is hoped, however, +that he is by this time at his post, and that the official intercourse, +unfortunately so long interrupted, has been thus renewed on the part of the +two nations so amicably and advantageously connected by engagements founded +on the most enlarged principles of commercial reciprocity. + +It is gratifying to state that since my last annual message some of the +most important claims of our fellow citizens upon the Government of Brazil +have been satisfactorily adjusted, and a reliance is placed on the friendly +dispositions manifested by it that justice will also be done in others. No +new causes of complaint have arisen, and the trade between the two +countries flourishes under the encouragement secured to it by the liberal +provisions of the treaty. + +It is cause of regret that, owing, probably, to the civil dissensions which +have occupied the attention of the Mexican Government, the time fixed by +the treaty of limits with the United States for the meeting of the +commissioners to define the boundaries between the two nations has been +suffered to expire without the appointment of any commissioners on the part +of that Government. While the true boundary remains in doubt by either +party it is difficult to give effect to those measures which are necessary +to the protection and quiet of our numerous citizens residing near that +frontier. The subject is one of great solicitude to the United States, and +will not fail to receive my earnest attention. + +The treaty concluded with Chili and approved by the Senate at its last +session was also ratified by the Chilian Government, but with certain +additional and explanatory articles of a nature to have required it to be +again submitted to the Senate. The time limited for the exchange of the +ratification, however, having since expired, the action of both Governments +on the treaty will again become necessary. + +The negotiations commenced with the Argentine Republic relative to the +outrages committed on our vessels engaged in the fisheries at the Falkland +Islands by persons acting under the color of its authority, as well as the +other matters in controversy between the two Governments, have been +suspended by the departure of the chargé d'affaires of the United +States from Buenos Ayres. It is understood, however, that a minister was +subsequently appointed by that Government to renew the negotiation in the +United States, but though daily expected he has not yet arrived in this +country. + +With Peru no treaty has yet been formed, and with Bolivia no diplomatic +intercourse has yet been established. It will be my endeavor to encourage +those sentiments of amity and that liberal commerce which belong to the +relations in which all the independent States of this continent stand +toward each other. + +I deem it proper to recommend to your notice the revision of our consular +system. This has become an important branch of the public service, in as +much as it is intimately connected with the preservation of our national +character abroad, with the interest of our citizens in foreign countries, +with the regulation and care of our commerce, and with the protection of +our sea men. At the close of the last session of Congress I communicated a +report from the Secretary of State upon the subject, to which I now refer, +as containing information which may be useful in any inquiries that +Congress may see fit to institute with a view to a salutary reform of the +system. + +It gives me great pleasure to congratulate you upon the prosperous +condition of the finances of the country, as will appear from the report +which the Secretary of the Treasury will in due time lay before you. The +receipts into the Treasury during the present year will amount to more than +$32,000,000. The revenue derived from customs will, it is believed, be more +than $28,000,000, and the public lands will yield about $3,0900,000. The +expenditures within the year for all objects, including $2,572,240.99 on +account of the public debt, will not amount to $25,000,000, and a large +balance will remain in the Treasury after satisfying all the appropriations +chargeable on the revenue for the present year. + +The measures taken by the Secretary of the Treasury will probably enable to +pay off in the course of the present year the residue of the exchanged 4.5% +stock, redeemable on 1834-01-01. It has therefore been included in the +estimated expenditures of this year, and forms a part of the sum above +stated to have been paid on account of the public debt. The payment of this +stock will reduce the whole debt of the United States, funded and unfunded, +to the sum of $4,760,082.08, and as provision has already been made for the +4.5% stocks above mentioned, and charged in the expenses of the present +year, the sum last stated is all that now remains of the national debt; and +the revenue of the coming year, together with the balance now in the +Treasury, will be sufficient to discharge it, after meeting the current +expenses of the Government. Under the power given to the commissioners of +the sinking fund, it will, I have no doubt, be purchased on favorable terms +within the year. + +From this view of the state of the finances and the public engagements yet +to be fulfilled you will perceive that if Providence permits me to meet you +at another session I shall have the high gratification of announcing to you +that the national debt is extinguished. I can not refrain from expressing +the pleasure I feel at the near approach of that desirable event. The short +period of time within which the public debt will have been discharged is +strong evidence of the abundant resources of the country and of the +prudence and economy with which the Government has heretofore been +administered. We have waged two wars since we became a nation, with one of +the most powerful kingdoms in the world, both of them undertaken in defense +of our dearest rights, been successfully prosecuted and honorably +terminated; and many of those who partook in the first struggle as well as +in the second will have lived to see the last item of the debt incurred in +these necessary but expensive conflicts faithfully and honestly discharged. +And we shall have the proud satisfaction of bequeathing to the public +servants who follow us in the administration of the Government the rare +blessing of a revenue sufficiently abundant, raised without injustice or +oppression to our citizens, and unencumbered with any burdens but what they +themselves shall think proper to impose upon it. + +The flourishing state of the finances ought not, however, to encourage us +to indulge in a lavish expenditure of the public treasure. The receipts of +the present year do not furnish the test by which we are to estimate the +income of the next. The changes made in our revenue system by the acts of +Congress of 1832 and 1833, and more especially by the former, have swelled +the receipts of the present year far beyond the amount to be expected in +future years upon the reduced tariff of duties. The shortened credits on +revenue bonds and the cash duties on woolens which were introduced by the +act of 1832, and took effect on 1832-03-04, have brought large sums into +the Treasury in 1833, which, according to the credits formerly given, would +not have been payable until 1834, and would have formed a part of the +income of that year. These causes would of themselves produce a great +diminution of the receipts in the year 1834 as compared with the present +one, and they will be still more diminished by the reduced rates of duties +which take place on 1834-01-01 on some of the most important and productive +articles. + +Upon the best estimates that can be made the receipts of the next year, +with the aid of the unappropriated amount now in the Treasury, will not be +much more than sufficient to meet the expenses of the year and pay the +small remnant of the national debt which yet remains unsatisfied. I can +not, therefore, recommend to you any alteration in the present tariff of +duties. The rate as now fixed by law on the various articles was adopted at +the last session of Congress, as a matter of compromise, with unusual +unanimity, and unless it is found to produce more than the necessities of +the Government call for there would seem to be no reason at this time to +justify a change. + +But while I forbear to recommend any further reduction of the duties beyond +that already provided for by the existing laws, I must earnestly and +respectfully press upon Congress the importance of abstaining from all +appropriations which are not absolutely required for the public interest +and authorized by the powers clearly delegated to the United States. We are +beginning a new era in our Government. The national debt, which has so long +been a burden on the Treasury, will be finally discharged in the course of +the ensuing year. No more memory will afterwards be needed than what may be +necessary to meet the ordinary expenses of the Government. Now, then, is +the proper moment to fix our system of expenditure on firm and durable +principles, and I can not too strongly urge the necessity of a rigid +economy and an inflexible determination not to enlarge the income beyond +the real necessities of the Government and not to increase the wants of the +Government by unnecessary and profuse expenditures. + +If a contrary course should be pursued, it may happen that the revenue of +1834 will fall short of the demands upon it, and after reducing the tariff +in order to lighten the burdens of the people, and providing for a still +further reduction to take effect hereafter, it would be much to be deplored +if at the end of another year we should find ourselves obliged to retrace +our steps and impose additional taxes to meet unnecessary expenditures. + +It is my duty on this occasion to call your attention to the destruction of +the public building occupied by the Treasury Department, which happened +since the last adjournment of Congress. A thorough inquiry into the causes +of this loss was directed and made at the time, the result of which will be +duly communicated to you. I take pleasure, however, in stating here that by +the laudable exertions of the officers of the Department and many of the +citizens of the District but few papers were lost, and none that will +materially affect the public interest. + +The public convenience requires that another building should be erected as +soon as practicable, and in providing for it it will be advisable to +enlarge in some manner the accommodations for the public officers of the +several Departments, and to authorize the erection of suitable depositories +for the safe-keeping of the public documents and records. + +Since the last adjournment of Congress the Secretary of the Treasury has +directed the money of the United States to be deposited in certain State +banks designated by him, and he will immediately lay before you his reasons +for this direction. I concur with him entirely in the view he has taken on +the subject, and some months before the removal I urged upon the Department +the propriety of taking that step. The near approach of the day on which +the charger will expire, as well as the conduct of the bank, appeared to me +to call for this measure upon the high considerations of public interest +and public duty. The extent of its misconduct, however, although known to +be great, was not at that time fully developed by proof. It was not until +late in the month of August that I received from the Government directors +an official report establishing beyond question that this great and +powerful institution had been actively engaged in attempting to influence +the elections of the public officers by means of its money, and that, in +violation of the express provisions of its charter, it had by a formal +resolution placed its funds at the disposition of its president to be +employed in sustaining the political power of the bank. A copy of this +resolution is contained in the report of the Government directors before +referred to, and how ever the object may be disguised by cautious language, +no one can doubt that this money was in truth intended for electioneering +purposes, and the particular uses to which it was proved to have been +applied abundantly show that it was so understood. Not only was the +evidence complete as to the past application of the money and power of the +bank to electioneering purposes, but that the resolution of the board of +directors authorized the same course to be pursued in future. + +It being thus established by unquestionable proof that the Bank of the +United States was converted into a permanent electioneering engine, it +appeared to me that the path of duty which the executive department of the +Government ought to pursue was not doubtful. As by the terms of the bank +charter no officer but the Secretary of the Treasury could remove the +deposits, it seemed to me that this authority ought to be at once exerted +to deprive that great corporation of the support and countenance of the +Government in such an use of its and such an exertion of its power. In this +point of the case the question is distinctly presented whether the people +of the United States are to govern through representatives chosen by their +unbiased suffrages or whether the money and power of a great corporation +are to be secretly exerted to influence their judgment and control their +decisions. It must now be determined whether the bank is to have its +candidates for all offices in the country, from the highest to the lowest, +or whether candidates on both sides of political questions shall be brought +forward as heretofore and supported by the usual means. + +At this time the efforts of the bank to control public opinion, through the +distresses of some and the fears of others, are equally apparent, and, if +possible, more objectionable. By a curtailment of its accommodations more +rapid than any emergency requires, and even while it retains specie to an +almost unprecedented amount in its vaults, it is attempting to produce +great embarrassment in one portion of the community, while through presses +known to have been sustained by its money it attempts by unfounded alarms +to create a panic in all. + +These are the means by which it seems to expect that it can force a +restoration of the deposits, and as a necessary consequence extort from +Congress a renewal of its charter. I am happy to know that through the good +sense of our people the effort to get up a panic has hitherto failed, and +that through the increased accommodations which the State banks have been +enabled to afford, no public distress has followed the exertions of the +bank, and it can not be doubted that the exercise of its power and the +expenditure of its money, as well as its efforts to spread groundless +alarm, will be met and rebuked as they deserve. In my own sphere of duty I +should feel myself called on by the facts disclosed to order a scire facias +against the bank, with a view to put an end to the chartered rights it has +so palpably violated, were it not that the charter itself will expire as +soon as a decision would probably be obtained from the court of last +resort. + +I called the attention of Congress to this subject in my last annual +message, and informed them that such measures as were within the reach of +the Secretary of the Treasury had been taken to enable him to judge whether +the public deposits in the Bank of the United States were entirely safe; +but that as his single powers might be inadequate to the object, I +recommended the subject to Congress as worthy of their serious +investigation, declaring it as my opinion that an inquiry into the +transactions of that institution, embracing the branches as well as the +principal bank, was called for by the credit which was given throughout the +country to many serious charges impeaching their character, and which, if +true, might justly excite the apprehension that they were no longer a safe +depository for the public money. The extent to which the examination thus +recommended was gone into is spread upon your journals, and is too well +known to require to be stated. Such as was made resulted in a report from a +majority of the Committee of Ways and Means touching certain specified +points only, concluding with a resolution that the Government deposits +might safely be continued in the Bank of the United States. This resolution +was adopted at the close of the session by the vote of a majority of the +House of Representatives. + +Although I may not always be able to concur in the views of the public +interest or the duties of its agents which may be taken by the other +departments of the Government or either of its branches, I am, not +withstanding, wholly incapable of receiving otherwise than with the most +sincere respect all opinions or suggestions proceeding from such a source, +and in respect to none am I more inclined to do so than to the House of +Representatives. But it will be seen from the brief views at this time +taken of the subject by myself, as well as the more ample ones presented by +the Secretary of the Treasury, that the change in the deposits which has +been ordered has been deemed to be called for by considerations which are +not affected by the proceedings referred to, and which, if correctly viewed +by that Department, rendered its act a matter of imperious duty. + +Coming as you do, for the most part, immediately from the people and the +States by election, and possessing the fullest opportunity to know their +sentiments, the present Congress will be sincerely solicitous to carry into +full and fair effect the will of their constituents in regard to this +institution. It will be for those in whose behalf we all act to decide +whether the executive department of the Government, in the steps which it +has taken on this subject, has been found in the line of its duty. + +The accompanying report of the Secretary of War, with the documents annexed +to it, exhibits the operations of the War Department for the past year and +the condition of the various subjects intrusted to its administration. + +It will be seen from them that the Army maintains the character it has +heretofore acquired for efficiency and military knowledge. Nothing has +occurred since your last session to require its services beyond the +ordinary routine duties which upon the sea-board and the in-land frontier +devolve upon it in a time of peace. The system so wisely adopted and so +long pursued of constructing fortifications at exposed points and of +preparing and collecting the supplies necessary for the military defense of +the country, and thus providently furnishing in peace the means of defense +in war, has been continued with the usual results. I recommend to your +consideration the various subjects suggested in the report of the Secretary +of War. Their adoption would promote the public service and meliorate the +condition of the Army. + +Our relations with the various Indian tribes have been undisturbed since +the termination of the difficulties growing out of the hostile aggressions +of the Sac and Fox Indians. Several treaties have been formed for the +relinquishment of territory to the United States and for the migration of +the occupants of the region assigned for their residence West of the +Mississippi. Should these treaties be ratified by the Senate, provision +will have been made for the removal of almost all the tribes remaining E of +that river and for the termination of many difficult and embarrassing +questions arising out of their anomalous political condition. + +It is to be hoped that those portions of two of the Southern tribes, which +in that event will present the only remaining difficulties, will realize +the necessity of emigration, and will speedily resort to it. My original +convictions upon this subject have been confirmed by the course of events +for several years, and experience is every day adding to their strength. +That those tribes can not exist surrounded by our settlements and in +continual contact with our citizens is certain. They have neither the +intelligence, the industry, the moral habits, nor the desire of improvement +which are essential to any favorable change in their condition. Established +in the midst of another and a superior race, and without appreciating the +causes of their inferiority or seeking to control them, they must +necessarily yield to the force of circumstances and ere long disappear. + +Such has been their fate heretofore, and if it is to be averted -- and it +is -- it can only be done by a general removal beyond our boundary and by +the reorganization of their political system upon principles adapted to the +new relations in which they will be placed. The experiment which has been +recently made has so far proved successful. The emigrants generally are +represented to be prosperous and contented, the country suitable to their +wants and habits, and the essential articles of subsistence easily +procured. When the report of the commissioners now engaged in investigating +the condition and prospects of these Indians and in devising a plan for +their intercourse and government is received, I trust ample means of +information will be in possession of the Government for adjusting all the +unsettled questions connected with this interesting subject. + +The operations of the Navy during the year and its present condition are +fully exhibited in the annual report from the Navy Department. + +Suggestions are made by the Secretary of various improvements, which +deserve careful consideration, and most of which, if adopted, bid fair to +promote the efficiency of this important branch of the public service. +Among these are the new organization of the Navy Board, the revision of the +pay to officers, and a change in the period of time or in the manner of +making the annual appropriations, to which I beg leave to call your +particular attention. + +The views which are presented on almost every portion of our naval +concerns, and especially on the amount of force and the number of officers, +and the general course of policy appropriate in the present state of our +country for securing the great and useful purposes of naval protection in +peace and due preparation for the contingencies of war, meet with my entire +approbation. + +It will be perceived from the report referred to that the fiscal concerns +of the establishment are in an excellent condition, and it is hoped that +Congress may feel disposed to make promptly every suitable provision +desired either for preserving or improving the system. + +The general Post Office Department has continued, upon the strength of its +own resources, to facilitate the means of communication between the various +portions of the Union with increased activity. The method, however, in +which the accounts of the transportation of the mail have always been kept +appears to have presented an imperfect view of its expenses. It has +recently been discovered that from the earliest records of the Department +the annual statements have been calculated to exhibit an amount +considerably short of the actual expense incurred for that service. These +illusory statements, together with the expense of carrying into effect the +law of the last session of Congress establishing new mail routes, and a +disposition on the part of the head of the Department to gratify the wishes +of the public in the extension of mail facilities, have induced him to +incur responsibilities for their improvement beyond what the current +resources of the Department would sustain. As soon as he had discovered the +imperfection of the method he caused an investigation to be made of its +results and applied the proper remedy to correct the evil. It became +necessary for him to withdraw some of the improvements which he had made to +bring the expenses of the Department within its own resources. These +expenses were incurred for the public good, and the public have enjoyed +their benefit. They are now but partially suspended, and that where they +may be discontinued with the least inconvenience to the country. + +The progressive increase in the income from postages has equaled the +highest expectations, and it affords demonstrative evidence of the growing +importance and great utility of this Department. The details are exhibited +in the accompanying report of the PostMaster General. + +The many distressing accidents which have of late occurred in that portion +of our navigation carried on by the use of steam power deserve the +immediate and unremitting attention of the constituted authorities of the +country. The fact that the number of those fatal disasters is constantly +increasing, not withstanding the great improvements which are every where +made in the machinery employed and in the rapid advances which have made in +that branch of science, shows very clearly that they are in a great degree +the result of criminal negligence on the part of those by whom the vessels +are navigated and to whose care and attention the lives and property of our +citizens are so extensively intrusted. + +That these evils may be greatly lessened, if not substantially removed, by +means of precautionary and penal legislation seems to be highly probably. +So far, therefore, as the subject can be regarded as within the +constitutional purview of Congress I earnestly recommend it to your prompt +and serious consideration. + +I would also call your attention to the views I have heretofore expressed +of the propriety of amending the Constitution in relation to the mode of +electing the President and the Vice-President of the United States. +Regarding it as all important to the future quiet and harmony of the people +that every intermediate agency in the election of these officers should be +removed and that their eligibility should be limited to one term of either +4 or 6 years, I can not too earnestly invite your consideration of the +subject. + +Trusting that your deliberations on all the topics of general interest to +which I have adverted, and such others as your more extensive knowledge of +the wants of our beloved country may suggest, may be crowned with success, +I tender you in conclusion the cooperation which it may be in my power to +afford them. + +*** + +State of the Union Address +Andrew Jackson +December 1, 1834 + +Fellow Citizens of the Senate and of the House of Representatives: + +In performing my duty at the opening of your present session it gives me +pleasure to congratulate you again upon the prosperous condition of our +beloved country. Divine Providence has favored us with general health, with +rich rewards in the fields of agriculture and in every branch of labor, and +with peace to cultivate and extend the various resources which employ the +virtue and enterprise of our citizens. Let us trust that in surveying a +scene so flattering to our free institutions our joint deliberations to +preserve them may be crowned with success. + +Our foreign relations continue, with but few exceptions, to maintain the +favorable aspect which they bore in my last annual message, and promise to +extend those advantages which the principles that regulate our intercourse +with other nations are so well calculated to secure. + +The question of our North East boundary is still pending with Great +Britain, and the proposition made in accordance with the resolution of the +Senate for the establishment of a line according to the treaty of 1783 has +not been accepted by that Government. Believing that every disposition is +felt on both sides to adjust this perplexing question to the satisfaction +of all the parties interested in it, the hope is yet indulged that it may +be effected on the basis of that proposition. + +With the Governments of Austria, Russia, Prussia, Holland, Sweden, and +Denmark the best understanding exists. Commerce with all is fostered and +protected by reciprocal good will under the sanction of liberal +conventional or legal provisions. + +In the midst of her internal difficulties the Queen of Spain has ratified +the convention for the payment of the claims of our citizens arising since +1819. It is in the course of execution on her part, and a copy of it is now +laid before you for such legislation as may be found necessary to enable +those interested to derive the benefits of it. + +Yielding to the force of circumstances and to the wise counsels of time and +experience, that power has finally resolved no longer to occupy the +unnatural position in which she stood to the new Governments established in +this hemisphere. I have the great satisfaction of stating to you that in +preparing the way for the restoration of harmony between those who have +sprung from the same ancestors, who are allied by common interests, profess +the same religion, and speak the same language the United States have been +actively instrumental. Our efforts to effect this good work will be +persevered in while they are deemed useful to the parties and our entire +disinterestedness continues to be felt and understood. The act of Congress +to countervail the discriminating duties to the prejudice of our navigation +levied in Cuba and Puerto Rico has been transmitted to the minister of the +United States at Madrid, to be communicated to the Government of the Queen. +No intelligence of its receipt has yet reached the Department of State. If +the present condition of the country permits the Government to make a +careful and enlarged examination of the true interests of these important +portions of its dominions, no doubt is entertained that their future +intercourse with the United States will be placed upon a more just and +liberal basis. + +The Florida archives have not yet been selected and delivered. Recent +orders have been sent to the agent of the United States at Havana to return +with all that he can obtain, so that they may be in Washington before the +session of the Supreme Court, to be used in the legal questions there +pending to which the Government is a party. + +Internal tranquillity is happily restored to Portugal. The distracted state +of the country rendered unavoidable the postponement of a final payment of +the just claims of our citizens. Our diplomatic relations will be soon +resumed, and the long-subsisting friendship with that power affords the +strongest guaranty that the balance due will receive prompt attnetion. + +The first installment due under the convention of indemnity with the King +of the Two Sicilies has been duly received, and an offer has been made to +extinguish the whole by a prompt payment -- an offer I did not consider +myself authorized to accept, as the indemnification provided is the +exclusive property of individual citizens of the United States. The +original adjustment of our claims and the anxiety displayed to fulfill at +once the stipulations made for the payment of them are highly honorable to +the Government of the Two Sicilies. When it is recollected that they were +the result of the injustice of an intrusive power temporarily dominant in +its territory, a repugnance to acknowledge and to pay which would have been +neither unnatural nor unexpected, the circumstances can not fail to exalt +its character for justice and good faith in the eyes of all nations. + +The treaty of amity and commerce between the United States and Belgium, +brought to your notice in my last annual message as sanctioned by the +Senate, but the ratifications of which had not been exchanged owing to a +delay in its reception at Brussels and a subsequent absence of the Belgian +minister of foreign affairs, has been, after mature deliberation, finally +disavowed by that Government as inconsistent with the powers and +instructions given to their minister who negotiated it. This disavowal was +entirely unexpected, as the liberal principles embodied in the convention, +and which form the ground-work of the objections to it, were perfectly +satisfactory to the Belgian representative, and were supposed to be not +only within the powers granted, but expressly conformable to the +instructions given to him. An offer, not yet accepted, has been made by +Belgium to renew negotiations for a treaty less liberal in its provisions +on questions of general maritime law. + +Our newly established relations with the Sublime Porte promise to be useful +to our commerce and satisfactory in every respect to this Government. Our +intercourse with the Barbary Powers continues without important change, +except that the present political state of Algiers has induced me to +terminate the residence there of a salaried consul and to substitute an +ordinary consulate, to remain so long as the place continues in the +possession of France. Our first treaty with one of these powers, the +Emperor of Morocco, was formed in 1786, and was limited to fifty years. +That period has almost expired. I shall take measures to renew it with the +greater satisfaction as its stipulations are just and liberal and have +been, with mutual fidelity and reciprocal advantage, scrupulously +fulfilled. + +Intestine dissensions have too frequently occurred to mar the prosperity, +interrupt the commerce, and distract the governments of most of the nations +of this hemisphere which have separated themselves from Spain. When a firm +and permanent understanding with the parent country shall have produced a +formal acknowledgment of their independence, and the idea of danger from +that quarter can be no longer entertained, the friends of freedom expect +that those countries, so favored by nature, will be distinguished for their +love of justice and their devotion to those peaceful arts the assiduous +cultivation of which confers honor upon nations and gives value to human +life. + +In the mean time I confidently hope that the apprehensions entertained that +some of the people of these luxuriant regions may be tempted, in a moment +of unworthy distrust of their own capacity for the enjoyment of liberty, to +commit the too common error of purchasing present repose by bestowing on +some favorite leaders the fatal gift of irresponsible power will not be +realized. With all these Governments and with that of Brazil no unexpected +changes in our relations have occurred during the present year. + +Frequent causes of just complaint have arisen upon the part of the citizens +of the United States, some times from the irregular action of the +constituted subordinate authorities of the maritime regions and some times +from the leaders or partisans of those in arms against the established +Governments. In all cases representations have been or will be made, and as +soon as their political affairs are in a settled position it is expected +that our friendly remonstrances will be followed by adequate redress. + +The Government of Mexico made known in [1833] December last the appointment +of commissioners and a surveyor on its part to run, in conjunction with +ours, the boundary line between its territories and the United States, and +excused the delay for the reasons anticipated -- the prevalence of civil +war. The commissioners and surveyors not having met within the time +stipulated by the treaty, a new arrangement became necessary, and our +chargé d'affaires was instructed in [1833] January to negotiate in +Mexico an article additional to the pre-existing treaty. This instruction +was acknowledged, and no difficulty was apprehended in the accomplishment +of that object. By information just received that additional article to the +treaty will be obtained and transmitted to this country as soon as it can +receive the ratification of the Mexican Congress. + +The reunion of the three States of New Grenada, Venezuela, and Equador, +forming the Republic of Colombia, seems every day to become more +improbable. The commissioners of the two first are understood to be now +negotiating a just division of the obligations contracted by them when +united under one government. The civil war in Equador, it is believed, has +prevented even the appointment of a commissioner on its part. + +I propose at an early day to submit, in the proper form, the appointment of +a diplomatic agent to Venezuela, the importance of the commerce of that +country to the United States and the large claims of our citizens upon the +Government arising before and since the division of Colombia rendering it, +in my judgment, improper longer to delay this step. + +Our representatives to Central America, Peru, and Brazil are either at or +on their way to their respective posts. + +From the Argentine Republic, from which a minister was expected to this +Government, nothing further has been heard. Occasion has been taken on the +departure of a new consul to Buenos Ayres to remind that Government that +its long delayed minister, whose appointment had been made known to us, had +not arrived. + +It becomes my unpleasant duty to inform you that this pacific and highly +gratifying picture of our foreign relations does not include those with +France at this time. It is not possible that any Government and people +could be more sincerely desirous of conciliating a just and friendly +intercourse with another nation than are those of the United States with +their ancient ally and friend. This disposition is founded as well on the +most grateful and honorable recollections associated with our struggle for +independence as upon a well grounded conviction that it is consonant with +the true policy of both. The people of the United States could not, +therefore, see without the deepest regret even a temporary interruption of +the friendly relations between the two countries -- a regret which would, I +am sure, be greatly aggravated if there should turn out to be any +reasonable ground for attributing such a result to any act of omission or +commission on our part. I derive, therefore, the highest satisfaction from +being able to assure you that the whole course of this Government has been +characterized by a spirit so conciliatory and for bearing as to make it +impossible that our justice and moderation should be questioned, what ever +may be the consequences of a longer perseverance on the part of the French +Government in her omission to satisfy the conceded claims of our citizens. + +The history of the accumulated and unprovoked aggressions upon our commerce +committed by authority of the existing Governments of France between the +years 1800 and 1817 has been rendered too painfully familiar to Americans +to make its repetition either necessary or desirable. It will be sufficient +here to remark that there has for many years been scarcely a single +administration of the French Government by whom the justice and legality of +the claims of our citizens to indemnity were not to a very considerable +extent admitted, and yet near a quarter of a century has been wasted in +ineffectual negotiations to secure it. + +Deeply sensible of the injurious effects resulting from this state of +things upon the interests and character of both nations, I regarded it as +among my first duties to cause one more effort to be made to satisfy France +that a just and liberal settlement of our claims was as well due to her own +honor as to their incontestable validity. The negotiation for this purpose +was commenced with the late Government of France, and was prosecuted with +such success as to leave no reasonable ground to doubt that a settlement of +a character quite as liberal as that which was subsequently made would have +been effected had not the revolution by which the negotiation was cut off +taken place. The discussions were resumed with the present Government, and +the result showed that we were not wrong in supposing that an event by +which the two Governments were made to approach each other so much nearer +in their political principles, and by which the motives for the most +liberal and friendly intercourse were so greatly multiplied, could exercise +no other than a salutary influence upon the negotiation. + +After the most deliberate and thorough examination of the whole subject a +treaty between the two Governments was concluded and signed at Paris on +1831-07-04, by which it was stipulated that "the French Government, in +order to liberate itself from all the reclamations preferred against it by +citizens of the United States for unlawful seizures, captures, +sequestrations, confiscations, or destruction of their vessels, cargoes, or +other property, engages to pay a sum of 25,000,000 francs to the United +States, who shall distribute it among those entitled in the manner and +according to the rules it shall determine"; and it was also stipulated on +the part of the French Government that this 25,000,000 francs should "be +paid at Paris, in six annual installments of 4,166,666 francs and 66 +centimes each, into the hands of such person or persons "as shall be +authorized by the Government of the US to receive it", the first +installment to be paid "at the expiration of one year next following the +exchange of the ratifications of this convention and the others at +successive intervals of a year, one after another, 'til the whole shall be +paid. To the amount of each of the said installments shall be added +interest at 4% thereupon, as upon the other installments then remaining +unpaid, the said interest to be computed from the day of the exchange of +the present convention". + +It was also stipulated on the part of the United States, for the purpose of +being completely liberated from all the reclamations presented by France on +behalf of its citizens, that the sum of 1,500,000 francs should be paid to +the Government of France in six annual installments, to be deducted out of +the annual sums which France had agreed to pay, interest thereupon being in +like manner computed from the day of the exchange of the ratifications. In +addition to this stipulation, important advantages were secured to France +by the following article, viz: The wines of France, from and after the +exchange of the ratifications of the present conventions, shall be admitted +to consumption in the States of the Union at duties which shall not exceed +the following rates by the gallon (such as it is used at present for wines +in the US), to wit: 6 cents for red wines in casks; 10 cents for white +wines in casks, and 22 cents for wines of all sorts in bottles. The +proportions existing between the duties on French wines thus reduced and +the general rates of the tariff which went into operation 1829-01-01, shall +be maintained in case the Government of the United States should think +proper to diminish those general rates in a new tariff. + +In consideration of this stipulation, which shall be binding on the United +States for 10 years, the French Government abandons the reclamations which +it had formed in relation to the 8th article of the treaty of cession of +Louisiana. It engages, moreover, to establish on the long-staple cottons of +the United States which after the exchange of the ratifications of the +present convention shall be brought directly thence to France by the +vessels of the US or by French vessels the same duties as on short-staple +cotton. This treaty was duly ratified in the manner prescribed by the +constitutions of both countries, and the ratification was exchanged at the +city of Washington on 1832-02-02. On account of its commercial stipulations +it was in five days thereafter laid before the Congress of the United +States, which proceeded to enact such laws favorable to the commerce of +France as were necessary to carry it into full execution, and France has +from that period to the present been in the unrestricted enjoyment of the +valuable privileges that were thus secured to her. + +The faith of the French nation having been thus solemnly pledged through +its constitutional organ for the liquidation and ultimate payment of the +long deferred claims of our citizens, as also for the adjustment of other +points of great and reciprocal benefits to both countries, and the United +States having, with a fidelity and promptitude by which their conduct will, +I trust, be always characterized, done every thing that was necessary to +carry the treaty into full and fair effect on their part, counted with the +most perfect confidence on equal fidelity and promptitude on the part of +the French Government. In this reasonable expectation we have been, I +regret to inform you, wholly disappointed. No legislative provision has +been made by France for the execution of the treaty, either as it respects +the indemnity to be paid or the commercial benefits to be secured to the +United States, and the relations between the United States and that power +in consequence thereof are placed in a situation threatening to interrupt +the good understanding which has so long and so happily existed between the +two nations. + +Not only has the French Government been thus wanting in the performance of +the stipulations it has so solemnly entered into with the United States, +but its omissions have been marked by circumstances which would seem to +leave us without satisfactory evidences that such performance will +certainly take place at a future period. Advice of the exchange of +ratifications reached Paris prior to 1832-04-08. The French Chambers were +then sitting, and continued in session until 1832-04-21, and although one +installment of the indemnity was payable on 1833-02-02, one year after the +exchange of ratifications, no application was made to the Chambers for the +required appropriation, and in consequence of no appropriation having then +been made the draft of the United States Government for that installment +was dishonored by the minister of finance, and the United States thereby +involved in much controversy. + +The next session of the Chambers commenced on 1832-11-19, and continued +until 1833-04-25. Not withstanding the omission to pay the first +installment had been made the subject of earnest remonstrance on our part, +the treaty with the United States and a bill making the necessary +appropriations to execute it were not laid before the Chamber of Deputies +until 1833-04-06, nearly five months after its meeting, and only nineteen +days before the close of the session. The bill was read and referred to a +committee, but there was no further action upon it. + +The next session of the Chambers commenced on 1833-04-26, and continued +until 1833-06-26. A new bill was introduced on 1833-06-11, but nothing +important was done in relation to it during the session. + +In 1834 April, nearly three years after the signature of the treaty, the +final action of the French Chambers upon the bill to carry the treaty into +effect was obtained, and resulted in a refusal of the necessary +appropriations. The avowed grounds upon which the bill was rejected are to +be found in the published debates of that body, and no observations of mine +can be necessary to satisfy Congress of their utter insufficiency. Although +the gross amount of the claims of our citizens is probably greater than +will be ultimately allowed by the commissioners, sufficient is, never the +less, shown to render it absolutely certain that the indemnity falls far +short of the actual amount of our just claims, independently of the +question of damages and interest for the detention. That the settlement +involved a sacrifice in this respect was well known at the time -- a +sacrifice which was cheerfully acquiesced in by the different branches of +the Federal Government, whose action upon the treaty was required from a +sincere desire to avoid further collision upon this old and disturbing +subject and in the confident expectation that the general relations between +the two countries would be improved thereby. + +The refusal to vote the appropriation, the news of which was received from +our minister in Paris about 1834-05-15, might have been considered the +final determination of the French Government not to execute the +stipulations of the treaty, and would have justified an immediate +communication of the facts to Congress, with a recommendation of such +ultimate measures as the interest and honor of the United States might seem +to require. But with the news of the refusal of the Chambers to make the +appropriation were conveyed the regrets of the King and a declaration that +a national vessel should be forthwith sent out with instructions to the +French minister to give the most ample explanations of the past and the +strongest assurances for the future. After a long passage the promised +dispatch vessel arrived. + +The pledges given by the French minister upon receipt of his instructions +were that as soon after the election of the new members as the charter +would permit the legislative Chambers of France should be called together +and the proposition for an appropriation laid before them; that all the +constitutional powers of the King and his cabinet should be exerted to +accomplish the object, and that the result should be made known early +enough to be communicated to Congress at the commencement of the present +session. Relying upon these pledges, and not doubting that the acknowledged +justice of our claims, the promised exertions of the King and his cabinet, +and, above all, that sacred regard for the national faith and honor for +which the French character has been so distinguished would secure an early +execution of the treaty in all its parts, I did not deem it necessary to +call the attention of Congress to the subject at the last session. + +I regret to say that the pledges made through the minister of France have +not been redeemed. The new Chambers met on 1834-07-31, and although the +subject of fulfilling treaties was alluded to in the speech from the +throne, no attempt was made by the King or his cabinet to procure an +appropriation to carry it into execution. The reasons given for this +omission, although they might be considered sufficient in an ordinary case, +are not consistent with the expectations founded upon the assurances given +here, for there is no constitutional obstacle to entering into legislative +business at the first meeting of the Chambers. This point, however, might +have been over-looked had not the Chambers, instead of being called to meet +at so early a day that the result of their deliberations might be +communicated to me before the meeting of Congress, been prorogued to +1834-12-29 -- a period so late that their decision can scarcely be made +known to the present Congress prior to its dissolution. To avoid this delay +our minister in Paris, in virtue of the assurance given by the French +minister in the United States, strongly urged the convocation of the +Chambers at an earlier day, but without success. It is proper to remark, +however, that this refusal has been accompanied with the most positive +assurances on the part of the executive government of France of their +intention to press the appropriation at the ensuing session of the +Chambers. + +The executive branch of this Government has, as matters stand, exhausted +all the authority upon the subject with which it is invested and which it +had any reason to believe could be beneficially employed. + +The idea of acquiescing in the refusal to execute the treaty will not, I am +confident, be for a moment entertained by any branch of this Government, +and further negotiation upon the subject is equally out of the question. + +If it shall be the pleasure of Congress to await the further action of the +French Chambers, no further consideration of the subject will at this +session probably be required at your hands. But if from the original delay +in asking for an appropriation, from the refusal of the Chambers to grant +it when asked, from the omission to bring the subject before the Chambers +at their last session, from the fact that, including that session, there +have been five different occasions when the appropriation might have been +made, and from the delay in convoking the Chambers until some weeks after +the meeting of Congress, when it was well known that a communication of the +whole subject to Congress at the last session was prevented by assurances +that it should be disposed of before its present meeting, you should feel +yourselves constrained to doubt whether it be the intention of the French +Government, in all its branches, to carry the treaty into effect, and think +that such measures as the occasion may be deemed to call for should be now +adopted, the important question arises what those measures shall be. + +Our institutions are essentially pacific. Peace and friendly intercourse +with all nations are as much the desire of our Government as they are the +interest of our people. But these objects are not to be permanently secured +by surrendering the rights of our citizens or permitting solemn treaties +for their indemnity, in cases of flagrant wrong, to be abrogated or set +aside. + +It is undoubtedly in the power of Congress seriously to affect the +agricultural and manufacturing interests of France by the passage of laws +relating to her trade with the United States. Her products, manufactures, +and tonnage may be subjected to heavy duties in our ports, or all +commercial intercourse with her may be suspended. But there are powerful +and to my mind conclusive objections to this mode of proceeding. + +We can not embarrass or cut off the trade of France without at the same +time in some degree embarrassing or cutting off our own trade. The injury +of such a warfare must fall, though unequally, upon our own citizens, and +could not but impair the means of the Government and weaken that united +sentiment in support of the rights and honor of the nation which must now +pervade every bosom. Nor is it impossible that such a course of legislation +would introduce once more into our national councils those disturbing +questions in relation to the tariff of duties which have been so recently +put to rest. Besides, by every measure adopted by the Government of the +United Sstates with the view of injuring France the clear perception of +right which will induce our own people and the rulers and people of all +other nations, even of France herself, to pronounce our quarrel just will +be obscured and the support rendered to us in a final resort to more +decisive measures will be more limited and equivocal. + +There is but one point of controversy, and upon that the whole civilized +world must pronounce France to be in the wrong. We insist that she shall +pay us a sum of money which she has acknowledged to be due, and of the +justice of this demand there can be but one opinion among mankind. True +policy would seem to dictate that the question at issue should be kept thus +disencumbered and that not the slightest pretense should be given to France +to persist in her refusal to make payment by any act on our part affecting +the interests of her people. The question should be left, as it is now, in +such an attitude that when France fulfills her treaty stipulations all +controversy will be at an end. + +It is my conviction that the United States ought to insist on a prompt +execution of the treaty, and in case it be refused or longer delayed take +redress into their own hands. After the delay on the part of France of a +quarter of a century in acknowledging these claims by treaty, it is not to +be tolerated that another quarter of a century is to be wasted in +negotiating about the payment. The laws of nations provide a remedy for +such occasions. It is a well-settled principle of the international code +that where one nation owes another a liquidated debt which it refuses or +neglects to pay the aggrieved party may seize on the property belonging to +the other, its citizens or subjects, sufficient to pay the debt without +giving just cause of war. This remedy has been repeatedly resorted to, and +recently by France herself toward Portugal, under circumstances less +unquestionable. + +The time at which resort should be had to this or any other mode of redress +is a point to be decided by Congress. If an appropriation shall not be made +by the French Chambers at their next session, it may justly be concluded +that the Government of France has finally determined to disregard its own +solemn undertaking and refuse to pay an acknowledged debt. In that event +every day's delay on our part will be a stain upon our national honor, as +well as a denial of justice to our injured citizens. Prompt measures, when +the refusal of France shall be complete, will not only be most honorable +and just, but will have the best effect upon our national character. + +Since France, in violation of the pledges given through her minister here, +has delayed her final action so long that her decision will not probably be +known in time to be communicated to this Congress, I recommend that a law +be passed authorizing reprisals upon French property in case provision +shall not be made for the payment of the debt at the approaching session of +the French Chambers. Her pride and power are too well known to expect any +thing from her fears and preclude the necessity of a declaration that +nothing partaking of the character of intimidation is intended by us. She +ought to look upon it as the evidence only of an inflexible determination +on the part of the United States to insist on their rights. + +That Government, by doing only what it has itself acknowledged to be just, +will be able to spare the United States the necessity of taking redress +into their own hands and save the property of French citizens from that +seizure and sequestration which American citizens so long endured without +retaliation or redress. If she should continue to refuse that act of +acknowledged justice and, in violation of the law of nations, make +reprisals on our part the occasion of hostilities against the United +States, she would but add violence to injustice, and could not fail to +expose herself to the just censure of civilized nations and to the +retributive judgments of Heaven. + +Collision with France is the more to be regretted on account of the +position she occupies in Europe in relation to liberal institutions, but in +maintaining our national rights and honor all governments are alike to us. +If by a collision with France in a case where she is clearly in the wrong +the march of liberal principles shall be impeded, the responsibility for +that result as well as every other will rest on her own head. + +Having submitted these considerations, it belongs to Congress to decide +whether after what has taken place it will still await the further action +of the French Chambers or now adopt such provisional measures as it may +deem necessary and best adapted to protect the rights and maintain the +honor of the country. What ever that decision may be, it will be faithfully +enforced by the Executive as far as he is authorized so to do. + +According to the estimate of the Treasury Department, the revenue accruing +from all sources during the present year will amount to $20,624,717, which, +with the balance remaining in the Treasury on 1834-01-01 of $11,702,905, +produces an aggregate of $32,327,623. The total expenditure during the year +for all objects, including the public debt, is estimated at $25,591,390, +which will leave a balance in the Treasury on 1835-01-01 of $6,736,232. In +this balance, however, will be included about $1,150,000 of what was +heretofore reported by the Department as not effective. + +Of former appropriations it is estimated that there will remain unexpended +at the close of the year $8,002,925, and that of this sum there will not be +required more than $5,141,964 to accomplish the objects of all the current +appropriations. Thus it appears that after satisfying all those +appropriations and after discharging the last item of our public debt, +which will be done on 1835-01-01, there will remain unexpended in the +Treasury an effective balance of about $440,000. That such should be the +aspect of our finances is highly flattering to the industry and enterprise +of our population and auspicious of the wealth and prosperity which await +the future cultivation of their growing resources. It is not deemed +prudent, however, to recommend any change for the present in our impost +rates, the effect of the gradual reduction now in progress in many of them +not being sufficiently tested to guide us in determining the precise amount +of revenue which they will produce. + +Free from public debt, at peace with all the world, and with no complicated +interests to consult in our intercourse with foreign powers, the present +may be hailed as the epoch in our history the most favorable for the +settlement of those principles in our domestic policy which shall be best +calculated to give stability to our Republic and secure the blessings of +freedom to our citizens. + +Among these principles, from our past experience, it can not be doubted +that simplicity in the character of the Federal Government and a rigid +economy in its administration should be regarded as fundamental and sacred. +All must be sensible that the existence of the public debt, by rendering +taxation necessary for its extinguishment, has increased the difficulties +which are inseparable from every exercise of the taxing power, and that it +was in this respect a remote agent in producing those disturbing questions +which grew out of the discussions relating to the tariff. If such has been +the tendency of a debt incurred in the acquisition and maintenance of our +national rights and liberties, the obligations of which all portions of the +Union cheerfully acknowledged, it must be obvious that what ever is +calculated to increase the burdens of Government without necessity must be +fatal to all our hopes of preserving its true character. + +While we are felicitating ourselves, therefore, upon the extinguishment of +the national debt and the prosperous state of our finances, let us not be +tempted to depart from those sound maxims of public policy which enjoin a +just adaptation of the revenue to the expenditures that are consistent with +a rigid economy and an entire abstinence from all topics of legislation +that are not clearly within the constitutional powers of the Government and +suggested by the wants of the country. Properly regarded under such a +policy, every diminution of the public burdens arising from taxation gives +to individual enterprise increased power and furnishes to all the members +of our happy Confederacy new motives for patriotic affection and support. +But above all, its most important effect will be found in its influence +upon the character of the Government by confining its action to those +objects which will be sure to secure to it the attachment and support of +our fellow citizens. + +Circumstances make it my duty to call the attention of Congress to the Bank +of the United States. Created for the convenience of the Government, that +institution has become the scourge of the people. Its interference to +postpone the payment of a portion of the national debt that it might retain +the public money appropriated for that purpose to strengthen it in a +political contest, the extraordinary extension and contraction of its +accommodations to the community, its corrupt and partisan loans, its +exclusion of the public directors from a knowledge of its most important +proceedings, the unlimited authority conferred on the president to expend +its funds in hiring writers and procuring the execution of printing, and +the use made of that authority, the retention of the pension money and +books after the selection of new agents, the groundless claim to heavy +damages in consequence of the protest of the bill drawn on the French +Government, have through various channels been laid before Congress. + +Immediately after the close of the last session the bank, through its +president, announced its ability and readiness to abandon the system of +unparalleled curtailment and the interruption of domestic exchanges which +it had practiced upon from 1833-08-01 to 1834-06-30, and to extend its +accommodations to the community. The grounds assumed in this annunciation +amounted to an acknowledgment that the curtailment, in the extent to which +it had been carried, was not necessary to the safety of the bank, and had +been persisted in merely to induce Congress to grant the prayer of the bank +in its memorial relative to the removal of the deposits and to give it a +new charter. They were substantially a confession that all the real +distresses which individuals and the country had endured for the preceding +6 or 8 months had been needlessly produced by it, with the view of +affecting through the sufferings of the people the legislative action of +Congress. + +It is subject of congratulation that Congress and the country had the +virtue and firmness to bear the infliction, that the energies of our people +soon found relief from this wanton tyranny in vast importations of th +eprecious metals from almost every part of the world, and that at the close +of this tremendous effort to control our Government the bank found itself +powerless and no longer able to loan out its surplus means. The community +had learned to manage its affairs without its assistance, and trade had +already found new auxiliaries, so that on 1834-10-01 the extraordinary +spectacle was presented of a national more than half of whose capital was +either lying unproductive in its vaults or in the hands of foreign +bankers. + +To the needless distresses brought on the country during the last session +of Congress has since been added the open seizure of the dividends on the +public stock to the amount of $170,041, under pretense of paying damages, +cost, and interest upon the protested French bill. This sum constituted a +portion of the estimated revenues for the year 1834, upon which the +appropriations made by Congress were based. It would as soon have been +expected that our collectors would seize on the customs or the receivers of +our land offices on the moneys arising from the sale of public lands under +pretenses of claims against the United States as that the bank would have +retained the dividends. Indeed, if the principle be established that any +one who chooses to set up a claim against the United States may without +authority of law seize on the public property or money wherever he can find +it to pay such claim, there will remain no assurance that our revenue will +reach the Treasury or that it will be applied after the appropriation to +the purposes designated in the law. + +The pay masters of our Army and the pursers of our Navy may under like +pretenses apply to their own use moneys appropriated to set in motion the +public force, and in time of war leave the country without defense. This +measure resorted to by the bank is disorganizing and revolutionary, and if +generally resorted to by private citizens in like cases would fill the land +with anarchy and violence. + +It is a constitutional provision "that no money shall be drawn from the +Treasury but in consequence of appropriations made by law". The palpable +object of this provision is to prevent the expenditure of the public money +for any purpose what so ever which shall not have been 1st approved by the +representatives of the people and the States in Congress assembled. It +vests the power of declaring for what purposes the public money shall be +expended in the legislative department of the Government, to the exclusion +of the executive and judicial, and it is not within the constitutional +authority of either of those departments to pay it away without law or to +sanction its payment. + +According to this plain constitutional provision, the claim of the bank can +never be paid without an appropriation by act of Congress. But the bank has +never asked for an appropriation. It attempts to defeat the provision of +the Constitution and obtain payment without an act of Congress. Instead of +awaiting an appropriation passed by both Houses and approved by the +President, it makes an appropriation for itself and invites an appeal to +the judiciary to sanction it. That the money had not technically been paid +into the Treasury does not affect the principle intended to be established +by the Constitution. + +The Executive and the judiciary have as little right to appropriate and +expend the public money without authority of law before it is placed to the +credit of the Treasury as to take it from the Treasury. In the annual +report of the Secretary of the Treasury, and in his correspondence with the +president of the bank, and the opinions of the Attorney General +accompanying it, you will find a further examination of the claims of the +bank and the course it has pursued. + +It seems due to the safety of the people funds remaining in that bank and +to the honor of the American people that measures be taken to separate the +Government entirely from an institution so mischievous to the public +prosperity and so regardless of the Constitution and laws. By transferring +the public deposits, by appointing other pension agents as far as it had +the power, by ordering the discontinuance of the receipt of bank checks in +the payment of the public dues after 1834-01-01, the Executive has exerted +all its lawful authority to sever the connection between the Government and +this faithless corporation. + +The high-handed career of this institution imposes upon the constitutional +functionaries of this Government duties of the gravest and most imperative +character -- duties which they can not avoid and from which I trust there +will be no inclination on the part of any of them to shrink. My own sense +of them is most clear, as is also my readiness to discharge those which may +rightfully fall on me. To continue any business relations with the Bank of +the United States that may be avoided without a violation of the national +faith after that institution has set at open defiance the conceded right of +the Government to examine its affairs, after it has done all in its power +to deride the public authority in other respects and to bring it into +disrepute at home and abroad, after it has attempted to defeat the clearly +expressed will of the people by turning against them the immense power +intrusted to its hands and by involving a country otherwise peaceful, +flourishing, and happy, in dissension, embarrassment, and distress, would +make the nation itself a party to the degradation so sedulously prepared +for itss public agents and do much to destroy the confidence of man-kind in +popular governments and to bring into contempt their authority and +efficiency. + +In guarding against an evil of such magnitude consideration of temprary +convenience should be thrown out of the question, and we should be +influenced by such motives only as look to the honor and preservation of +the republican system. Deeply and solemnly impressed with the justice of +these views, I feel it to be my duty to recommend to you that a law be +passed authorizing the sale of the public stock; that the provision of the +charter requiring the receipt of notes of the bank in payment of public +dues shall, in accordance with the power reserved to Congress in the 14th +section of the charter, be suspended until the bank pays to the Treasury +the dividends withheld, and that all laws connecting the Government or its +officers with the bank, directly or indirectly, be repealed, and that the +institution be left hereafter to its own resources and means. + +Events have satisfied my mind, and I think the minds of the American +people, that the mischiefs and dangers which flow from a national bank far +over-balance all its advantages. The bold effort the present bank has made +to control the Government, the distresses it has wantonly produced, the +violence of which it has been the occasion in one of our cities famed for +its observance of law and order, are but premonitions of the fate which +awaits the American people should they be deluded into a perpetuation of +this institution or the establishment of another like it. It is fervently +hoped that thus admonished those who have heretofore favored the +establishment of a substitute for the present bank will be induced to +abandon it, as it is evidently better to incur any inconvenience that may +be reasonably expected than to concentrate the whole moneyed power of the +Republic in any form what so ever or under any restrictions. + +Happily it is already illustrated that the agency of such an institution is +not necessary to the fiscal operations of the Government. The State banks +are found fully adequate to the performance of all services which were +required of the Bank of the United States, quite as promptly and with the +same cheapness. They have maintained themselves and discharged all these +duties while the Bank of the United States was still powerful and in the +field as an open enemy, and it is not possible to conceive that they will +find greater difficulties in their operations when that enemy shall cease +to exist. + +The attention of Congress is earnestly invited to the regulation of the +deposits in the State banks by law. Although the power now exercised by the +executive department in this behalf is only such as was uniformly exerted +through every Administration from the origin of the Government up to the +establishment of the present bank, yet it is one which is susceptible of +regulation by law, and therefore ought so to be regulated. The power of +Congress to direct in what places the Treasurer shall keep the moneys in +the Treasury and to impose restrictions upon the Executive authority in +relation to their custody and removal is unlimited, and its exercise will +rather be courted than discouraged by those public officers and agents on +whom rests the responsibility for their safety. It is desirable that as +little power as possible should be left to the President or the Secretary +of the Treasury over those institutions, which, being thus freed from +Executive influence, and without a common head to direct their operations, +would have neither the temptation nor the ability to interfere in the +political conflicts of the country. Not deriving their charters from the +national authorities, they would never have those inducements to meddle in +general elections which have led the Bank of the United States to agitate +and convulse the country for upward of two years. + +The progress of our gold coinage is creditable to the officers of the Mint, +and promises in a short period to furnish the country with a sound and +portable currency, which will much diminish the inconvenience to travelers +of the want of a general paper currency should the State banks be incapable +of furnishing it. Those institutions have already shown themselves +competent to purchase and furnish domestic exchange for the convenience of +trade at reasonable rates, and not a doubt is entertained that in a short +period all the wants of the country in bank accommodations and exchange +will be supplid as promptly and as cheaply as they have heretofore been by +the Bank of the United States. If the several States shall be induced +gradually to reform their banking systems and prohibit the issue of all +small notes, we shall in a few years have a currency as sound and as little +liable to fluctuations as any other commercial country. + +The report of the Secretary of War, together with the accompanying +documents from the several bureaux of that Department, will exhibit the +situation of the various objects committed to its administration. + +No event has occurred since your last session rendering necessary any +movements of the Army, with the exception of the expedition of the regiment +of dragoons into the territory of the wandering and predatory tribes +inhabiting the western frontier and living adjacent to the Mexican +boundary. These tribes have been heretofore known to us principally by +their attacks upon our own citizens and upon other Indians entitled to the +protection of the United States. It became necessary for the peace of the +frontiers to check these habitual inroads, and I am happy to inform you +that the object has been effected without the commission of any act of +hostility. Colonel Dodge and the troops under his command have acted with +equal firmness and humanity, and an arrangement has been made with those +Indians which it is hoped will assure their permanent pacific relations +with the United States and the other tribes of Indians upon that border. It +is to be regretted that the prevalence of sickness in that quarter has +deprived the country of a number of valuable lives, and particularly that +General Leavenworth, an officer well known, and esteemed for his gallant +services in the late war and for his subsequent good conduct, has fallen a +victim to his zeal and exertions in the discharge of his duty. + +The Army is in a high state of discipline. Its moral condition, so far as +that is known here, is good, and the various branches of the public service +are carefully attended to. It is amply sufficient under its present +organization for providing the necessary garrisons for the seaboard and for +the defense of the internal frontier, and also for preserving the elements +of military knowledge and for keeping pace with those improvements which +modern experience is continually making. And these objects appear to me to +embrace all the legitimate purposes for which a permanent military force +should be maintained in our country. The lessons of history teach us its +danger and the tendency which exists to an increase. This can be best met +and averted by a just caution on the part of the public itself, and of +those who represent them in Congress. + +From the duties which devolve on teh Engineer Department and upon the +topographical engineers, a different organization seems to be demanded by +the public interest, and I recommend the subject to your consideration. + +No important change has during this season taken place in the condition of +the Indians. Arrangements are in progress for the removal of the Creeks, +and will soon be for the removal of the Seminoles. I regret that the +Cherokees east of the Mississippi have not yet determined as a community to +remove. How long the personal causes which have heretofore retarded that +ultimately inevitable measure will continue to operate I am unable to +conjecture. It is certain, however, that delay will bring with it +accumulated evils which will render their condition more and more +unpleasant. The experience of every year adds to the conviction that +emigration, and that alone, can preserve from destruction the remnant of +the tribes yet living amongst us. The facility with which the necessaries +of life are procured and the treaty stipulations providing aid for the +emigrant Indians in their agricultural pursuits and in the important +concern of education, and their removal from those causes which have +heretofore depressed all and destroyed many of the tribes, can not fail to +stimulate their exertions and to reward their industry. + +The two laws passed at the last session of Congress on the subject of +Indian affairs have been carried into effect, and detailed instructions for +their administration have been given. It will be seen by the estimates for +the present session that a great reduction will take place in the +expenditures of the Department in consequence of these laws, and there is +reason to believe that their operation will be salutary and that the +colonization of the Indians on the western frontier, together with a +judicious system of administration, will still further reduce the expenses +of this branch of the public service and at the same time promote its +usefulness and efficiency. + +Circumstances have been recently developed showing the existence of +extensive frauds under the various laws granting pensions and gratuities +for Revolutionary services. It is impossible to estimate the amount which +may have been thus fraudulently obtained from the National Treasury. I am +satisfied, however, it has been such as to justify a re-examination of the +system and the adoption of the necessary checks in its administration. All +will agree that the services and sufferings of the remnant of our +Revolutionary band should be fully compensated; but while this is done, +every proper precaution should be taken to prevent the admission of +fabricated and fraudulent claims. + +In the present mode of proceeding the attestations and certificates of the +judicial officers of the various States from a considerable portion of the +checks which are interposed against the commission of frauds. These, +however, have been and may be fabricated, and in such a way as to elude +detection at the examining offices. And independently of this practical +difficulty, it is ascertained that these documents are often loosely +granted; some times even blank certificates have been issued; some times +prepared papers have been signed without inquiry, and in one instance, at +least, the seal of the court has been within reach of a person most +interested in its improper application. It is obvious that under such +circumstances no severity of administration can check the abuse of the law. +And information has from time to time been communicated to the Pension +Office questioning or denying the right of persons placed upon the pension +list to the bounty of the country. + +Such cautions are always attended to and examined, but a far more general +investigation is called for, and I therefore recommend, in conformity with +the suggestion of the Secretary of War, that an actual inspection should be +made in each State into the circumstances and claims of every person now +drawing a pension. The honest veteran has nothing to fear from such a +scrutiny, while the fraudulent claimant will be detected and the public +Treasury relieved to an amount, I have reason to believe, far greater than +has heretofore been suspected. The details of such a plan could be so +regulated as to interpose the necessary checks without any burdensome +operation upon the pensioners. The object should be two-fold: To look into +the original justice of the claims, so far as this can be done under a +proper system of regulations, by an examination of the claimants themselves +and by inquiring in the vicinity of their residence into their history and +into the opinion entertained of their Revolutionary services. To ascertain +in all cases whether the original claimant is living and this by actual +personal inspection. This measure will, if adopted, be productive, I think, +of the desired results, and I therefore recommend it to your consideration, +with the further suggestion that all payments should be suspended 'til the +necessary reports are received. + +It will be seen by a tabular statement annexed to the documents transmitted +to Congress that the appropriations for objects connected with the War +Department, made at the last session, for the service of the year 1834, +excluding the permanent appropriation for the payment of military +gratuities under the act of 1832-06-07, the appropriation of $200,000 for +arming and equipping the militia, and the appropriation of $10,000 for the +civilization of the Indians, which are not annually renewed, amounted to +the sum of $9,003,261, and that the estimates of appropriations necessary +for the same branches of service for the year 1835 amount to the sum of +$5,778,964, making a difference in the appropriations of the current year +over the estimates of the appropriations for the next of $3,224,297. + +The principal causes which have operated at this time to produce this great +difference are shown in the reports and documents and in the detailed +estimates. Some of these causes are accidental and temporary, while others +are permanent, and, aided by a just course of administration, may continue +to operate beneficially upon the public expenditures. + +A just economy, expending where the public service requires and withholding +where it does not, is among the indispensable duties of the Government. + +I refer you to the accompanying report of the Secretary of the Navy and to +the documents with it for a full view of the operations of that important +branch of our service during the present year. It will be seen that the +wisdom and liberality with which Congress has provided for the gradual +increase of our navy material have been seconded by a corresponding zeal +and fidelity on the part of those to whom has been confided the execution +of the laws on the subject, and that but a short period would be now +required to put in commission a force large enough for any exigency into +which the country may be thrown. + +When we reflect upon our position in relation to other nations, it must be +apparent that in the event of conflicts with them we must look chiefly to +our Navy for the protection of our national rights. The wide seas which +separate us from other Governments must of necessity be the theater on +which an enemy will aim to assail us, and unless we are prepared to meet +him on this element we can not be said to possess the power requisite to +repel or prevent aggressions. We can not, therefore, watch with too much +attention this arm of our defense, or cherish with too much care the means +by which it can possess the necessary efficiency and extension. To this end +our policy has been heretofore wisely directed to the constant employment +of a force sufficient to guard our commerce, and to the rapid accumulation +of the materials which are necessary to repair our vessels and construct +with ease such new ones as may be required in a state of war. + +In accordance with this policy, I recommend to your consideration the +erection of the additional dry dock described by the Secretary of the Navy, +and also the construction of the steam batteries to which he has referred, +for the purpose of testing their efficacy as auxiliaries to the system of +defense now in use. + +The report of the PostMaster General herewith submitted exhibits the +condition and prospects of that Department. From that document it appears +that there was a deficit in the funds of the Department at the commencement +of the present year beyond its available means of $315,599.98, which on the +first of July last (1834-07-01) had been reduced to $268,092.74. It appears +also that the revenues for the coming year will exceed the expenditures +about $270,000, which, with the excess of revenue which will result from +the operations of the current half year, may be expected, independently of +any increase in the gross amount of postages, to supply the entire deficit +before the end of 1835. But as this calculation is based on the gross +amount of postages which had accrued within the period embraced by the +times of striking the balances, it is obvious that without a progressive +increase in the amount of postages the existing retrenchments must be +persevered in through the year 1836 that the Department may accumulate a +surplus fund sufficient to place it in a condition of perfect ease. + +It will be observed that the revenues of the Post Office Department, though +they have increased, and their amount is above that of any former year, +have yet fallen short of the estimates more than $100,000. This is +attributed in a great degree to the increase of free letters growing out of +the extension and abuse of the franking privilege. There has been a gradual +increase in the number of executive offices to which it has been granted, +and by an act passed in 1833-03, it was extended to members of Congress +throughout the whole year. It is believed that a revision of the laws +relative to the franking privilege, with some enactments to enforce more +rigidly the restrictions under which it is granted, would operate +beneficially to the country, by enabling the Department at an earlier +period to restore the mail facilities that have been withdrawn, and to +extend them more widely, as the growing settlements of the country may +require. + +To a measure so important to the Government and so just to our +constituents, who ask no exclusive privileges for themselves and are not +willing to concede them to others, I earnestly recommend the serious +attention of Congress. + +The importance of the Post Office Department and the magnitude to which it +has grown, both in its revenues and in its operations, seem to demand its +reorganization by law. The whole of its receipts and disbursements have +hitherto been left entirely to Executive control and individual discretion. +The principle is as sound in relation to this as to any other Department of +the Government, that as little discretion should be confided to the +executive officer who controls it as is compatible with its efficiency. It +is therefore earnestly recommended that it be organized with an auditor and +treasurer of its own, appointed by the President and Senate, who shall be +branches of the Treasury Department. + +Your attention is again respectfully invited to the defect which exists in +the judicial system of the United States. Nothing can be more desirable +than the uniform operation of the Federal judiciary throughout the several +States, all of which, standing on the same footing as members of the Union, +have equal rights to the advantages and benefits resulting from its laws. +This object is not attained by the judicial acts now in force, because they +leave one quarter of the States without circuit courts. + +It is undoubtedly the duty of Congress to place all the States on the same +footing in this respect, either by the creation of an additional number of +associate judges or by an enlargement of the circuits assigned to those +already appointed so as to include the new States. What ever may be the +difficulty in a proper organization of the judicial system so as to secure +its efficiency and uniformity in all parts of the Union and at the same +time to avoid such an increase of judges as would encumber the supreme +appellate tribunal, it should not be allowed to weigh against the great +injustice which the present operation of the system produces. + +I trust that I may be also pardoned for renewing the recommendation I have +so often submitted to your attention in regard to the mode of electing the +President and Vice President of the United States. All the reflection I +have been able to bestow upon the subject increases my conviction that the +best interests of the country will be promoted by the adoption of some plan +which will secure in all contingencies that important right of sovereignty +to the direct control of the people. Could this be attained, and the terms +of those officers be limited to a single period of either four or six +years, I think our liberties would possess an additional safeguard. + +At your last session I called the attention of Congress to the destruction +of the public building occupied by the Treasury Department. As the public +interest requires that another building should be erected with as little +delay as possible, it is hoped that the means will be seasonably provided +and that they will be ample enough to authorize such an enlargement and +improvement in the plan of the building as will more effectually +accommodate the public officers and secure the public documents deposited +in it from the casualties of fire. + +I have not been able to satisfy myself that the bill entitled "An act to +improve the navigation of the Wabash River", which was sent to me at the +close of your last session, ought to pass, and I have therefore withheld +from it my approval and now return it to the Senate, the body in which it +originated. + +There can be no question connected with the administration of public +affairs more important or more difficult to be satisfactorily dealth with +than that which relates to the rightful authority and proper action of the +Federal Government upon the subject of internal improvements. To inherent +embarrassments have been added others resulting from the course of our +legislation concerning it. + +I have heretofore communicated freely with Congress upon this subject, and +in adverting to it again I can not refrain from expressing my increased +conviction of its extreme importance as well in regard to its bearing upon +the maintenance of the Constitution and the prudent management of the +public revenue as on account of its disturbing effect upon the harmony of +the Union. + +We are in no danger from violations of the Constitution by which +encroachments are made upon the personal rights of the citizen. The +sentence of condemnation long since pronounced by the American people upon +acts of that character will, I doubt not, continue to prove as salutary in +its effects as it is irreversible in its nature. + +But against the dangers of unconstitutional acts which, instead of menacing +the vengeance of offended authority, proffer local advantages and bring in +their train the patronage of the Government, we are, I fear, not so safe. +To suppose that because our Government has been instituted for the benefit +of the people it must therefore have the power to do what ever may seem to +conduce to the public good is an error into which even honest minds are too +apt to fall. In yielding themselves to this fallacy they overlook the great +considerations in which the Federal Constitution was founded. They forget +that in consequence of the conceded diversities in the interest and +condition of the different States it was foreseen at the period of its +adoption that although a particular measure of the Government might be +beneficial and proper in 1 State it might be the reverse in another; that +it was for this reason the States would not consent to make a grant to the +Federal Government of the general and usual powers of government, but of +such only as were specifically enumerated, and the probable effects of +which they could, as they thought, safely anticipate; and they forget also +the paramount obligation upon all to abide by the compact then so solemnly +and, as it was hoped, so firmly established. + +In addition to the dangers to the Constitution springing from the sources I +have stated, there has been one which was perhaps greater than all. I +allude to the materials which this subject has afforded for sinister +appeals to selfish feelings, and the opinion heretofore so extensively +entertained of its adaptation to the purposes of personal ambition. With +such stimulus it is not surprising that the acts and pretensions of the +Federal Government in this behalf should some times have been carried to an +alarming extent. The questions which have arisen upon this subject have +related -- To the power of making internal improvements within the limits +of a State, with the right of territorial jurisdiction, sufficient at least +for their preservation and use. To the right of appropriating money in aid +of such works when carried on by a State of by a company in virtue of State +authority, surrendering the claim of jurisdiction; and To the propriety of +appropriation for improvements of a particular class, viz, for light +houses, beacons, buoys, public piers, and for the removal of sand bars, +sawyers, and other temporary and partial impediments in our navigable +rivers and harbors. The claims of power for the General Government upon +each of these points certainly present matter of the deepest interest. The +first is, however, of much the greatest importance, in as much as, in +addition to the dangers of unequal and improvident expenditures of public +moneys common to all, there is super-added to that the conflicting +jurisdictions of the respective governments. Federal jurisdiction, at least +to the extent I have stated, has been justly regarded by its advocates as +necessarily appurtenant to the power in question, if that exists by the +Constitution. + +That the most injurious conflicts would unavoidably arise between the +respective jurisdictions of the State and Federal Governments in the +absence of a constitutional provision marking out their respective +boundaries can not be doubted. The local advantages to be obtained would +induce the States to overlook in the beginning the dangers and difficulties +to which they might ultimately be exposed. The powers exercised by the +Federal Government would soon be regarded with jealousy by the State +authorities, and originating as they must from implication or assumption, +it would be impossible to affix to them certain and safe limits. + +Opportunities and temptations to the assumption of power incompatible with +State sovereignty would be increased and those barriers which resist the +tendency of our system toward consolidation greatly weakened. The officers +and agents of the General Government might not always have the discretion +to abstain from intermeddling with State concerns, and if they did they +would not always escape the suspicion of having done so. Collisions and +consequent irritations would spring up; that harmony which should ever +exist between the General Government and each member of the Confederacy +would be frequently interrupted; a spirit of contention would be engendered +and the dangers of disunion greatly multiplied. + +Yet we know that not withstanding these grave objections this dangerous +doctrine was at one time apparently proceeding to its final establishment +with fearful rapidity. The desier to embark the Federal Government in works +of internal improvement prevailed in the highest degree during the first +session of the first Congress that I had the honor to meet in my present +situation. When the bill authorizing a subscription on the part of the +United States for stock in the Maysville and Lexington TurnPike Company +passed the two houses, there had been reported by the Committees of +Internal Improvements bills containing appropriations for such objects, +inclusive of those for the Cumberland road and for harbors and light +houses, to the amount of $106,000,000. In this amount was included +authority to the Secretary of the Treasury to subscribe for the stock of +different companies to a great extent, and the residue was principally for +the direct construction of roads by this Government. In addition to these +projects, which had been presented to the two Houses under the sanction and +recommendation of their respective Committees on Internal Improvements, +there were then still pending before the committees, and in memorials to +Congress presented but not referred, different projects for works of a +similar character, the expense of which can not be estimated with +certainty, but must have exceeded $100,000,000. + +Regarding the bill authorizing a subscription to the stock of the Maysville +and Lexington TurnPike Company as the entering wedge of a system which, +however weak at first, might soon become strong enough to rive the bands of +the Union asunder, and believing that if its passage was acquiesced in by +the Executive and the people there would no longer be any limitation upon +the authority of the General Government in respect to the appropriation of +money for such objects, I deemed it an imperative duty to withhold from it +the Executive approval. + +Although from the obviously local character of that work I might well have +contented myself with a refusal to approve the bill upon that ground, yet +sensible of the vital importance of the subject, and anxious that my views +and opinions in regard to the whole matter should be fully understood by +Congress and by my constituents, I felt it my duty to go further. I +therefore embraced that early occasion to apprise Congress that in my +opinion the Constitution did not confer upon it the power to authorize the +construction of ordinary roads and canals within the limits of a State and +to say, respectfully, that no bill admitting such a power could receive my +official sanction. I did so in the confident expectation that the speedy +settlement of the public mind upon the whole subject would be greatly +facilitated by the difference between the 2 Houses and myself, and that the +harmonious action of the several departments of the Federal Government in +regard to it would be ultimately secured. + +So far, at least, as it regards this branch of the subject, my best hopes +have been realized. Nearly four years have elapsed, and several sessions of +Congress have intervened, and no attempt within my recollection has been +made to induce Congress to exercise this power. The applications for the +construction of roads and canals which were formerly multiplied upon your +files are no longer presented, and we have good reason to infer that the +current public sentiment has become so decided against the pretension as +effectually to discourage its reassertion. So thinking, I derive the +greatest satisfaction from the conviction that thus much at least has been +secured upon this important and embarrassing subject. + +From attempts to appropriate the national funds to objects which are +confessedly of a local character we can not, I trust, have anything further +to apprehend. My views in regard to the expediency of making appropriations +for works which are claimed to be of a national character and prosecuted +under State authority -- assuming that Congress have the right to do so -- +were stated in my annual message to Congress in 1830, and also in that +containing my objections to the Maysville road bill. + +So thoroughly convinced am I that no such appropriations ought to be made +by Congress until a suitable constitutional provision is made upon the +subject, and so essential do I regard the point to the highest interests of +our country, that I could not consider myself as discharging my duty to my +constituents in giving the Executive sanction to any bill containing such +an appropriation. If the people of the United States desire that the public +Treasury shall be resorted to for the means to prosecute such works, they +will concur in an amendment of the Constitution prescribing a rule by which +the national character of the works is to be tested, and by which the +greatest practicable equality of benefits may be secured to each member of +the Confederacy. The effects of such a regulation would be most salutary in +preventing unprofitable expenditures, in securing our legislation from the +pernicious consequences of a scramble for the favors of Government, and in +repressing the spirit of discontent which must inevitably arise from an +unequal distribution of treasures which belong alike to all. + +There is another class of appropriations for what may be called, without +impropriety, internal improvements, which have always been regarded as +standing upon different grounds from those to which I have referred. I +allude to such as have for their object the improvement of our harbors, the +removal of partial and temporary obstructions in our navigable rivers, for +the facility and security of our foreign commerce. The grounds upon which I +distinguished appropriations of this character from others have already +been stated to Congress. I will now only add that at the 1st session of +Congress under the new Constitution it was provided by law that all +expenses which should accrue from and after the 15th day of August, 1789, +in the necessary support and maintenance and repairs of all light houses, +beacons, buoys, and public piers erected, placed, or sunk before the +passage of the act within any bay, inlet, harbor, or port of the United +States, for rendering the navigation thereof easy and safe, should be +defrayed out of the Treasury of the United States, and, further, that it +should be the duty of the Secretary of the Treasury to provide by +contracts, with the approbation of the President, for rebuilding when +necessary and keeping in good repair the light houses, beacons, buoys, and +public piers in the several States, and for furnishing them with supplies. + +Appropriations for similar objects have been continued from that time to +the present without interruption or dispute. As a natural consequence of +the increase and extension of our foreign commerce, ports of entry and +delivery have been multiplied and established, not only upon our sea-board +but in the interior of the country upon our lakes and navigable rivers. The +convenience and safety of this commerce have led to the gradual extension +of these expenditures; to the erection of light houses, the placing, +planting, and sinking of buoys, beacons, and piers, and to the removal of +partial and temporary obstructions in our navigable rivers and in the +harbors upon our Great Lakes as well as on the sea-board. + +Although I have expressed to Congress my apprehension that these +expenditures have some times been extravagant and disproportionate to the +advantages to be derived from them, I have not gelt it to be my duty to +refuse my assent to bills containing them, and have contented myself to +follow in this respect in the foot-steps of all my predecessors. Sensible, +however, from experience and observation of the great abuses to which the +unrestricted exercise of this authority by Congress was exposed, I have +prescribed a limitation for the government of my own conduct by which +expenditures of this character are confined to places below the ports of +entry or delivery established by law. I am very sentible that this +restriction is not as satisfactory as could be desired, and that much +embarrassment may be caused to the executive department in its execution by +appropriations for remote and not well-understood objects. But as neither +my own reflections nor the lights which I may properly derive from other +sources have supplied me with a better, I shall continue to apply my best +exertions to a faithful application of the rule upon which it is founded. + +I sincerely regret that I could not give my assent to the bill entitled: +"An act to improve the navigation of the Wabash River"; but I could not +have done so without receding from the ground which I have, upon the +fullest consideration, taken upon this subject, and of which Congress has +been heretofore apprised, and without throwing the subject again open to +abuses which no good citizen entertaining my opinions could desire. + +I rely upon the intelligence and candor of my fellow citizens, in whose +liberal indulgence I have already so largely participated, for a correct +appreciation on my motives in interposing as I have done on this and other +occasions checks to a course of legislation which, without in the slightest +degree calling in question the motives of others, I consider as sanctioning +improper and unconstitutional expenditures of public treasure. + +I am not hostile to internal improvements, and wish to see them extended to +every part of the country. But I am fully persuaded, if they are not +commenced in a proper manner, confined to proper objects, and conducted +under an authority generally conceded to be rightful, that a successful +prosecution of them can not be reasonably expected. The attempt will meet +with resistance where it might otherwise receive support, and instead of +strengthening the bonds of our Confederacy it will only multiply and +aggravate the causes of disunion. + +*** + +State of the Union Address +Andrew Jackson +December 7, 1835 + +Fellow Citizens of the Senate and of the House of Representatives: + +In the discharge of my official duty the again devolves upon me of +communicating with a new Congress. The reflection that the representation +of the Union has been recently renewed, and that the constitutional term of +its service will expire with my own, heightens the solicitude with which I +shall attempt to lay before it the state of our national concerns and the +devout hope which I cherish that its labors to improve them may be crowned +with success. + +You are assembled at a period of profound interest to the American patriot. +The unexampled growth and prosperity of our country having given us a rank +in the scale of nations which removes all apprehension of danger to our +integrity and independence from external foes, the career of freedom is +before us, with an earnest from the past that if true to ourselves there +can be no formidable obstacle in the future to its peaceful and +uninterrupted pursuit. Yet, in proportion to the disappearance of those +apprehensions which attended our weakness, as once contrasted with the +power of some of the States of the Old World, should we now be solicitous +as to those which belong to the conviction that it is to our own conduct we +must look for the preservation of those causes on which depend the +excellence and the duration of our happy system of government. + +In the example of other systems founded on the will of the people we trace +to internal dissension the influences which have so often blasted the hopes +of the friends of freedom. The social elements, which were strong and +successful when united against external danger, failed in the more +difficult task of properly adjusting their own internal organization, and +thus gave way the great principle of self-government. Let us trust that +this admonition will never be forgotten by the Government or the people of +the United States, and that the testimony which our experience thus far +holds out to the great human family of the practicability and the blessings +of free government will be confirmed in all time to come. + +We have but to look at the state of our agriculture, manufactures, and +commerce and the unexampled increase of our population to feel the +magnitude of the trust committed to us. Never in any former period of our +history have we had greater reason than we now have to be thankful to +Divine Providence for the blessings fo health and general prosperity. Every +branch of labor we see crowned with the most abundant rewards. In every +element of national resources and wealth and of individual comfort we +witness the most rapid and solid improvements. With no interruptions to +this pleasing prospect at home which will not yield to the spirit of +harmony and good will that so strikingly pervades the mass of the people in +every quarter, amidst all the diversity of interest and pursuits to which +they are attached, and with no cause of solicitude in regard to our +external affairs which will not, it is hoped, disappear before the +principles of simple justice and the forbearance that mark our intercourse +with foreign powers, we have every reason to feel proud of our beloved +country. + +The general state of our foreign relations has not materially changed since +my last annual message. + +In the settlement of the question of the North Eastern boundary little +progress has been made. Great Britain has declined acceding to the +proposition of the United States, presented in accordance with the +resolution of the Senate, unless certain preliminary conditions were +admitted, which I deemed incompatible with a satisfactory and rightful +adjustment of the controversy. Waiting for some distinct proposal from the +Government of Great Britain, which has been invited, I can only repeat the +expression of my confidence that, with the strong mutual disposition which +I believe exists to make a just arrangement, this perplexing question can +be settled with a due regard to the well-founded pretensions and pac ific +policy of all the parties to it. Events are frequently occurring on the +North Eastern frontier of a character to impress upon all the necessity of +a speedy and definitive termination of the dispute. This consideration, +added to the desire common to both to relieve the liberal and friendly +relations so happily existing between the two countries from all +embarrassment, will no doubt have its just influence upon both. + +Our diplomatic intercourse with Portugal has been renewed, and it is +expected that the claims of our citizens, partially paid, will be fully +satisfied as soon as the condition of the Queen's Government will permit +the proper attention to the subject of them. That Government has, I am +happy to inform you, manifested a determination to act upon the liberal +principles which have marked our commercial policy. The happiest effects +upon the future trade between the United States and Portugal are +anticipated from it, and the time is not thought to be remote when a system +of perfect reciprocity will be established. + +The installments due under the convention with the King of the Two Sicilies +have been paid with that scrupulous fidelity by which his whole conduct has +been characterized, and the hope is indulged that the adjustment of the +vexed question of our claims will be followed by a more extended and +mutually beneficial intercourse between the two countries. + +The internal contest still continues in Spain. Distinguished as this +struggle has unhappily been by incidents of the most sanguinary character, +the obligations of the late treaty of indemnification with us have been, +never the less, faithfully executed by the Spanish Government. + +No provision having been made at the last session of Congress for the +ascertainment of the claims to be paid and the apportionment of the funds +under the convention made with Spain, I invite your early attention to the +subject. The public evidences of the debt have, according to the terms of +the convention and in the forms prescribed by it, been placed in the +possession of the United States, and the interest as it fell due has been +regularly paid upon them. Our commercial intercourse with Cuba stands as +regulated by the act of Congress. No recent information has been received +as to the disposition of the Government of Madrid, and the lamented death +of our recently appointed minister on his way to Spain, with the pressure +of their affairs at home, renders it scarcely probable that any change is +to be looked for during the coming year. + +Further portions of the Florida archives have been sent to the United +States, although the death of one of the commissioners at a critical moment +embarrassed the progress of the delivery of them. The higher officers of +the local government have recently shown an anxious desire, in compliance +with the orders from the parent Government, to facilitate the selection and +delivery of all we have a right to claim. + +Negotiations have been opened at Madrid for the establishment of a lasting +peace between Spain and such of the Spanish American Governments of this +hemisphere as have availed themselves of the intimation given to all of +them of the disposition of Spain to treat upon the basis of their entire +independence. It is to be regretted that simultaneous appointments by all +of ministers to negotiate with Spain had not been made. The negotiation +itself would have been simplified, and this long-standing dispute, +spreading over a large portion of the world, would have been brought to a +more speedy conclusion. + +Our political and commercial relations with Austria, Prussia, Sweden, and +Denmark stand on the usual favorable bases. One of the articles of our +treaty with Russia in relation to the trade on the North-West coast of +America having expired, instructions have been given to our minister at St. +Petersburg to negotiate a renewal of it. The long and unbroken amity +between the two Governments gives every reason for supposing the article +will be renewed, if stronger motives do not exist to prevent it than with +our view of the subject can be anticipated here. I ask your attention to +the message of my predecessor at the opening of the second session fo the +19th Congress, relative to our commercial intercourse with Holland, and to +the documents connected with that subject, communicated to the House of +Representatives on the 10th of January, 1825, and 18th of January, 1827. + +Coinciding in the opinion of my predecessor that Holland is not, under the +regulations of her present system, entitled to have her vessels and their +cargoes received into the United States on the footing of American vessels +and cargoes as regards duties of tonnage and impost, a respect for his +reference of it to the Legislature has alone prevented me from acting on +the subject. I should still have waited without comment for the action of +Congress, but recently a claim has been made by Belgian subjects to +admission into our ports for their ships and cargoes on the same footing as +American, with the allegation we could not dispute that our vessels +received in their ports the identical treatment shewn to them in the ports +of Holland, upon whose vessels no discrimination is made in the ports of +the United States. + +Given the same privileges the Belgians expected the same benefits -- +benefits that were, in fact, enjoyed when Belgium and Holland were united +under one Government. Satisfied with the justice of their pretension to be +placed on the same footing with Holland, I could not, never the less, +without disregard to the principle of our laws, admit their claim to be +treated as Americans, and at the same time a respect for Congress, to whom +the subject had long since been referred, has prevented me from producing a +just equality by taking from the vessels of Holland privileges +conditionally granted by acts of Congress, although the condition upon +which the grant was made has, in my judgment, failed since 1822. I +recommend, therefore, a review of the act of 1824, and such modification of +it as will produce an equality on such terms as Congress shall think best +comports with our settled policy and the obligations of justice to two +friendly powers. + +With the Sublime Porte and all the Governments on the coast of Barbary our +relations continue to be friendly. The proper steps have been taken to +renew our treaty with Morocco. + +The Argentine Republic has again promised to send within the current year a +minister to the United States. + +A convention with Mexico for extending the time for the appointment of +commissioners to run the boundary line has been concluded and will be +submitted to the Senate. Recent events in that country have awakened the +liveliest solicitude in the United States. Aware of the strong temptations +existing and powerful inducements held out to the citizens of the United +States to mingle in the dissensions of our immediate neighbors, +instructions have been given to the district attorneys of the United States +where indications warranted it to prosecute without respect to persons all +who might attempt to violate the obligations of our neutrality, while at +the same time it has been thought necessary to apprise the Government of +Mexico that we should require the integrity of our territory to be +scrupulously respected by both parties. + +From our diplomatic agents in Brazil, Chile, Peru, Central America, +Venezuela, and New Granada constant assurances are received of the +continued good understanding with the Governments to which they are +severally accredited. With those Governments upon which our citizens have +valid and accumulating claims, scarcely an advance toward a settlement of +them is made, owing mainly to their distracted state or to the pressure of +imperative domestic questions. Our patience has been and will probably be +still further severely tried, but our fellow citizens whose interests are +involved may confide in the determination of the Government to obtain for +them eventually ample retribution. + +Unfortunately, many of the nations of this hemisphere are still +self-tormented by domestic dissensions. Revolution succeeds revolution; +injuries are committed upon foreigners engaged in lawful pursuits; much +time el apses before a government sufficiently stable is erected to justify +expectation of redress; ministers are sent and received, and before the +discussions of past injuries are fairly begun fresh troubles arise; but too +frequently new injuries are added to the old, to be discussed together with +the existing government after it has proved its ability to sustain the +assaults made upon it, or with its successor if overthrown. If this unhappy +condition of things continues much longer, other nations will be under the +painful necessity of deciding whether justice to their suffering citizens +does not require a prompt redress of injuries by their own power, without +waiting for the establishment of a government competent and enduring enough +to discuss and to make satisfaction for them. + +Since the last session of Congress the validity of our claims upon France, +as liquidated by the treaty of 1831, has been acknowledged by both branches +of her legislature, and the money has been appropriated for their +discharge; but the payment is, I regret to inform you, still withheld. + +A brief recapitulation of the most important incidents in this protracted +controversy will shew how utterly untenable are the grounds upon which this +course is attempted to be justified. + +On entering upon the duties of my station I found the United States an +unsuccessful applicant to the justice of France for the satisfaction of +claims the validity of which was never questionable, and has now been most +solemnly admitted by France herself. The antiquity of these claims, their +high justice, and the aggravating circumstances out of which they arose are +too familiar to the American people to require description. It is +sufficient to say that for a period of 10 years and upward our commerce +was, with but little interruption, the subject of constant aggression on +the part of France -- aggressions the ordinary features of which were +condemnations of vessels and cargoes under arbitrary decrees, adopted in +contravention as well of the laws of nations as of treaty stipulations, +burnings on the high seas, and seizures and confiscations under special +imperial rescripts in the ports of other nations occupied by the armies or +under the control of France. Such it is now conceded is the character of +the wrongs we suffered -- wrongs in many cases so flagrant that even their +authors never denied our right to reparation. Of the extent of these +injuries some conception may be formed from the fact that after the burning +of a large amount at sea and the necessary deterioration in other cases by +long detention the American property so seized and sacrificed at forced +sales, excluding what was adjudged to privateers before or without +condemnation, brought into the French treasury upward of 24,000,000 francs, +besides large custom house duties. + +The subject had already been an affair of 20 years' uninterrupted +negotiation, except for a short time when France was overwhelmed by the +military power of united Europe. During this period, whilst other nations +were extorting from her payment of their claims at the point of the +bayonet, the United States intermitted their demand for justice out of +respect to the oppressed condition of a gallant people to whom they felt +under obligations for fraternal assistance in their own days of suffering +and peril. The bad effects of these protracted and unavailing discussions, +were obvious, and the line of duty was to my mind equally so. + +This was either to insist upon the adjustment of our claims within a +reasonable period or to abandon them altogether. I could not doubt that by +this course the interests and honor of both countries would be best +consulted. Instructions were therefore given in this spirit to the minister +who was sent out once more to demand reparation. + +Upon the meeting of Congress in December, 1829, I felt it my duty to speak +of these claims and the delays of France in terms calculated to call the +serious attention of both countries to the subject. The then French +ministry took exception to the message on the ground of its conataining a +menace, under it was not agreeable to the French Government to negotiate. +The American minister of his own accord refuted the construction which was +attempted to be put upon the message and at the same time called to the +recollection of the French ministry that the President's message was a +communication addressed, not to foreign governments, but to the Congress of +the United States, in which it was enjoined upon him by the Constitution to +lay before that body information of the state of the Union, comprehending +its foreign as well as its domestic relations, and that if in the discharge +of this duty he felt it indumbent upon him to summon the attention of +Congress in due time to what might be the possible consequences of existing +difficulties with any foreign government, he might fairly be supposed to do +so under a sense of his own Government, and not from any intention of +holding a menace over a foreign power. + +The views taken by him received my approbation, the French Government was +satisfied, and the negotiation was continued. It terminated in the treaty +of July 4, recognizing the justice of our claims in part and promising +payment to the amount of 25,000,000 francs in 6 annual installments. + +The ratifications of this treaty were exchanged at Washington on the second +of February, 1832, and in 5 days thereafter it was laid before Congress, +who immediately passed the acts necessary on our part to secure to France +the commercial advantages conceded to her in the compact. The treaty had +previously been solemnly ratified by the King of the French in terms which +are certainly not mere matters of form, and of which the translation is as +follows: WE, approving the above convention in all and each of the +dispositions which are contained in it, do declare, by ourselves as well as +by our heirs and successors, that it is accepted, approved, ratified, and +confirmed, and by these presents, signed by our hand, we do accept, +approve, ratify, and confirm it; promising, on the faith and word of a +king, to observe it and to cause it to be observed inviolably, without ever +contravening it or suffering it to be contravened, directly or indirectly, +for any cause or under any pretense whatsoever. Official information of the +exchange of ratifications in the United States reached Paris whilst the +Chambers were in session. The extraordinary and to us injurious delays of +the French Government in their action upon the subject of its fulfillment +have been heretofore stated to Congress, and I have no disposition to +enlarge upon them here. It is sufficient to observe that the then pending +session was allowed to expire without even an effort to obtain the +necessary appropriations; that the two succeeding ones were also suffered +to pass away without anything like a serious attempt to obtain a decision +upon the subject, and that it was not until the fourth session, almost +three years after the conclusion of the treaty and more than two years +after the exchange of ratifications, that the bill for the execution of the +treaty was pressed to a vote and rejected. + +In the mean time the Government of the United States, having full +confidence that a treaty entered into and so solemnly ratified by the +French King would be executed in good faith, and not doubting that +provision would be made for the payment of the first installment which was +to become due on the second day of February, 1833, negotiated a draft for +the amount through the Bank of the United States. When this draft was +presented by the holder with the credentials required by the treaty to +authorize him to receive the money, the Government of France allowed it to +be protested. In addition to the injury in the nonpayment of the money by +France, conformably to her engagement, the United States were exposed to a +heavy claim on the part of the bank under pretense of damages, in +satisfaction of which that institution seized upon and still retains an +equal amount of the public money. + +Congress was in session when the decision of the Chambers reached +Washington, and an immediate communication of this apparently final +decision of France not to fulfill the stipulation of the treaty was the +course naturally to be expected from the President. The deep tone of +dissatisfaction which pervaded the public mind and the correspondent +excitement produced in Congress by only a general knowledge of the result +rendered it more than probable that a resort to immediate measures of +redress would be the consequence of calling the attention of that body to +the subject. Sincerely desirous of preserving the pacific relations which +had so long existed between the two countries, I was anxious to avoid this +course if I could be satisfied that by so neither the interests nor the +honor of my country would be compromitted. Without the fullest assurances +on that point, I could not hope to acquit myself of the responsibility to +be incurred in suffering Congress to adjourn without laying the subject +before them. Those received by me were believed to be of that character. + +That the feelings produced in the United States by the news of the +rejection of the appropriation would be such as I have described them to +have been was foreseen by the French Government, and prompt measures were +taken by it to prevent the consequence. The King in person expressed +through our minister at Paris his profound regret at the decision of the +Chambers, and promised to send forthwith a ship with dispatches to his +miniter here authorizing him to give such assurances as would satisfy the +Government and people of the United States that the treaty would yet be +faithfully executed by France. + +The national ship arrived, and the minister received his instructions. +Claiming to act under the authority derived from them, he gave to this +government in the name of his the most solemn assurances that as soon after +the new elections as the charter would permit the French Chambers would be +convened and the attempt to procure the necessary appropriations renewed; +that all the constitutional powers of the King and his ministers should be +put in requisition to accomplish the object, and he was understood, and so +expressly informed by this Government at the time, to engage that the +question should be pressed to a decision at a period sufficiently early to +permit information of the result to be communicated to Congress at the +commencement of their next session. Relying upon these assurances, I +incurred the responsibility, great as I regarded it to be, of suffering +Congress to separate without communicating with them upon the subject. + +The expectations justly founded upon the promises thus solemnly made to +this Government by that of France were not realized. The French Chambers +met on the thirty-first of July, 1834, soon after the election, and +although our minister in Paris urged the French ministry to bring the +subject before them, they declined doing so. He next insisted that the +Chambers, of prorogued without acting on the subject, should be reassembled +at a period so early that their action on the treaty might be known in +Washington prior to the meeting of Congress. + +This reasonable request was not only declined, but the Chambers were +prorogued to the 29th of December, a day so late that their decision, +however urgently pressed, could not in all probability be obtained in time +to reach Washington before the necessary adjournment of Congress by the +Constitution. The reasons given by the ministry for refusing to convoke the +Chambers at an earlier period were afterwards shewn not to be insuperable +by their actual convocation on the first of December under a special call +for domestic purposes, which fact, however, did not become known to this +Government until after the commencement of the last session of Congress. + +Thus disappointed in our just expectations, it became my imperative duty to +consult with Congress in regard to the expediency of a resort to +retaliatory measures in case the stipulations of the treaty should not be +speedily complied with, and to recommend such as in my judgment the +occasion c alled for. To this end an unreserved communication of the case +in all its aspects became indispensable. To have shrunk in making it from +saying all that was necessary to its correct understanding, and that the +truth would justify, for fear of giving offense to others, would have been +unworthy of us. To have gone, on the other hand, a single step further for +the purpose of wounding the pride of a Government and people with whom we +had so many motives for cultivating relations of amity and reciprocal +advantage would have been unwise and improper. + +Admonished by the past of the difficulty of making even the simplest +statement of our wrongs without disturbing the sensibilities of those who +had by their position become responsible for their redress, and earnestly +desirous of preventing further obstacles from that source, I went out of my +way to preclude a construction of the message by which the recommendation +that was made to Congress might be regarded as a menace to France in not +only disavowing such a design, but in declaring that her pride and her +power were too well known to expect anything from her fears. The message +did not reach Paris until more than a month after the Chambers had been in +session, and such was the insensibility of the ministry to our rightful +claims and just expectations that our minister had been informed that the +matter when introduced would not be pressed as a cabinet measure. + +Although the message was not officially communicated to the French +Government, and not withstanding the declaration to the contrary which it +contained, the French minstry decided to consider the conditional +recommendation of reprisals a menace and an insult which the honor of the +nation made it incumbent on them to resent. The measures resorted to by +them to evince their sense of the supposed indignity were the immediate +recall of their minister at Washington, the offer of passports to the +American minister at Paris, and a public notice to the legislative Chambers +that all diplomatic intercourse with the United States had been suspended. + +Having in this manner vindicated the dignity of France, they next proceeded +to illustrate her justice. To this end a bill was immediately introduced +into the Chamber of Deputies proposing to make the appropriations necessary +to carry into effect the treaty. As this bill subsequently passed into a +law, the provisions of which now constitute the main subject of difficulty +between the two nations, it becomes my duty, in order to place the subject +before you in a clear light, to trace the history of its passage and to +refer with some particularity to the proceedings and discussions in regard +to it. + +The minister of finance in his opening speech alluded to the measures which +had been adopted to resent the supposed indignity, and recommended the +execution of the treaty as a measure required by the honor and justice of +France. He as the organ of the ministry declared the message, so long as it +had not received the sanction of Congress, a mere expression of the +personal opinion of the President, for which neither the Government nor +people of the United States were responsible, and that an engagement had +been entered into for the fulfillment of which the honor of France was +pledged. Entertaining these views, the single condition which the French +ministry proposed to annex to the payment of the money was that it should +not be made until it was ascertained that the Government of the United +States had done nothing to injure the interests of France, or, in other +words, that no steps had been authorized by Congress of a hostile character +toward France. + +What the disposition of action of Congress might be was then unknown to the +French cabinet; but on the 14th day of January the Senate resolved that it +was at that time inexpedient to adopt any legislative measures in regard to +the state of affairs between the United States and France, and no action on +the subject had occurred in the House of Representatives. These facts were +known in Paris prior to the 28th of March, 1835, when the committee to whom +the bill of indemnification had been referred reported it to the Chamber of +Deputies. That committee substantially re-echoed the sentiments of the +ministry, declared that Congress had set aside the proposition of the +President, and recommended the passage of the bill without any other +restriction than that originally proposed. Thus was it known to the French +ministry and Chambers that if the position assumed by them, and which had +been so frequently and solemnly announced as the only one compatible with +the honor of France, was maintained and the bill passed as originally +proposed, the money would be paid and there would be an end of this +unfortunate controversy. + +But this cheering prospect was soon destroyed by an amendment introduced +into the bill at the moment of its passage, providing that the money should +not be paid until the French Government had received satisfactory +explanations of the President's message of the second December, 1834, and, +what is still more extraordinary, the president of the council of ministers +adopted this amendment and consented to its incorporation in the bill. In +regard to a supposed insult which had been formally resented by the recall +of their minister and the offer of passports to ours, they now for the +first time proposed to ask explanations. Sentiments and propositions which +they had declared could not justly be imputed to the Government or people +of the United States are set up as obstacles to the performance of an act +of conceded justice to that Government and people. They had declared that +the honor of France required the fulfillment of the engagement into which +the King had entered, unless Congress adopted the recommendations of the +message. They ascertained that Congress did not adopt them, and yet that +fulfillment is refused unless they first obtain from the President +explanations of an opinion characterized by themselves as personal and +inoperative. + +The conception that it was my intention to menace or insult the Government +of France is as unfounded as the attempt to extort from the fears of that +nation what her sense of justice may deny would be vain and ridiculous. But +the Constitution of the United States imposes on the President the duty of +laying before Congress the condition of the country in its foreign and +domestic relations, and of recommending such measures as may in his opinion +be required by its interests. From the performance of this duty he can not +be deterred by the fear of wounding the sensibilities of the people or +government of whom it may become necessary to speak; and the American +people are incapble of submitting to an interference by any government on +earth, however powerful, with the free performance of the domestic duties +which the Constitution has imposed on their public functionaries. + +The discussions which intervene between the several departments of our +Government being to ourselves, and for anything said in them our public +servants are only responsible to their own constituents and to each other. +If in the course of their consultations facts are erroneously stated or +unjust deductions are made, they require no other inducement to correct +them, however informed of their error, than their love of justice and what +is due to their own character; but they can never submit to be interrogated +upon the subject as a matter of right by a foreign power. When our +discussions terminate in acts, our responsibility to foreign powers +commences, not as individuals, but as a nation. The principle which calls +in question the President for the language of his message would equally +justify a foreign power in demanding explanations of the language used in +the report of a committee or by a member in debate. + +This is not the first time that the Government of France has taken +exception to the messages of American Presidents. President Washington and +the first President Adams in the performance of their duties to the +American people fell under the animadversions of the French Directory. The +obj ection taken by the ministry of Charles 10, and removed by the +explanation made by our minister upon the spot, has already been adverted +to. When it was understood that the ministry of the present King took +exception to my message of last year, putting a construction upon it which +was disavowed on its face, our late minister at Paris, in answer to the +note which first announced a dissatisfaction with the language used in the +message, made a communication to the French Government under date of the +29th of January, 1835, calculated to remove all impressions which an +unreasonable susceptibility had created. He repeated and called the +attention of the French Government to the disavowal contained in the +message itself of any intention to intimidate by menace; he truly declared +that it contained and was intended to contain no charge of ill faith +against the King of the French, and properly distinguished between the +right to complain in unexceptionable terms of the omission to execute an +agreement and an accusation of bad motives in withholding such execution, +and demonstrated that the necessary use of that right ought not to be +considered as an offensive imputation. + +Although this communication was made without instructions and entirely on +the minister's own responsibility, yet it was afterwards made the act of +this Government by my full approbation, and that approbation was officially +made known on the 25th of April, 1835, to the French Government. It, +however, failed to have any effect. The law, after this friendly +explanation, passed with the obnoxious amendment, supported by the King's +ministers, and was finally approved by the King. + +The people of the United States are justly attached to a pacific system in +their intercourse with foreign nations. It is proper, therefore, that they +should know whether their Government has adhered to it. In the present +instance it has been carried to the utmost extent that was consistent with +a becoming self-respect. The note of the 29th of January, to which I have +before alluded, was not the only one which our minister took upon himself +the responsibility of presenting on the same subject and in the same +spirit. + +Finding that it was intended to make the payment of a just debt dependent +on the performance of a condition which he knew could never be complied +with, he thought it a duty to make another attempt to convince the French +Government that whilst self-respect and regard to the dignity of other +nations would always prevent us from using any language that ought to give +offense, yet we could never admit a right in any foreign government to ask +explanations of or to interfere in any manner in the communications which +one branch of our public councils made with another; that in the present +case no such language had been used, and that this had in a former note +been fully and voluntarily state, before it was contemplated to make the +explantion a condition; and that there might be no misapprehension he +stated the terms used in that note, and he officially informed them that it +had been approved by the President, and that therefore every explanation +which could reasonably be asked or honorably given had been already made; +that the contemplated measure had been anticipated by a voluntary and +friendly declaration, and was therefore not only useless, but might be +deemed offensive, and certainly would not be complied with if annexed as a +condition. + +When this latter communication, to which I especially invite the attention +of Congress, was laid before me, I entertained the hope that the means it +was obviously intended to afford of an honorable and speedy adjustment of +the difficulties between the two nations would have been accepted, and I +therefore did not hesitate to give it my sanction and full approbation. +This was due to the minister who had made himself responsible for the act, +and it was published to the people of the United States and is now laid +before their representatives to shew hos far their Executive has gone in +its endeavors to restore a good understanding betwe en the two countries. +It would have been at any time communicated to the Government of France had +it been officially requested. + +The French Government having received all the explanation which honor and +principle permitted, and which could in reason be asked, it was hoped it +would no longer hesitate to pay the installments now due. The agent +authorized to receive the money was instructed to inform the French +minister of his readiness to do so. In reply to this notice he was told +that the money could not then be paid, because the formalities required by +the act of the Chambers had not been arranged. + +Not having received any official information of the intentions of the +French Government, and anxious to bring, as far as practicable, this +unpleasant affair to a close before the meeting of Congress, that you might +have the whole subject before you, I caused our charge' d'affaires at Paris +to be instructed to ask for the final determination of the French +Government, and in the event of their refusal to pay the installments now +due, without further explanations to return to the United States. + +The result of this last application has not yet reached us, but is daily +expected. That it may be favorable is my sincere wish. France having now, +through all the branches of her Government, acknowledged the validity of +our claims and the obligation of the treaty of 1831, and there really +existing no adequate cause for further delay, will at length, it may be +hoped, adopt the course which the interests of both nations, not less than +the principles of justice, so imperiously require. The treaty being once +executed on her part, little will remain to disturb the friendly relations +of the two countries -- nothing, indeed, which will not yield to the +suggestions of a pacific and enlightened policy and to the influence of +that mutual good will and of those generous recollections which we may +confidently expect will then be revived in all their ancient force. + +In any event, however, the principle involved in the new aspect which has +been given to the controversy is so vitally important to the independent +administration of the Government that it can neither be surrendered nor +compromitted without national degradation. I hope it is unnecessary for me +to say that such a sacrifice will not be made through any agency of mine. +The honor of my country shall never be stained by an apology from me for +the statement of truth and the performance of duty; nor can I give any +explanation of my official acts except such as is due to integrity and +justice and consistent with the principles on which our institutions have +been framed. This determination will, I am confident, be approved by my +constituents. I have, indeed, studied their character to but little purpose +if the sum of 25,000,000 francs will have the weight of a feather in the +estimation of what appertains to their national independence, and if, +unhappily, a different impression should at any time obtain in any quarter, +they will, I am sure, rally round the Government of their choice with +alacrity and unanimity, and silence for ever the degrading imputation. + +Having thus frankly presented to you the circumstances which since the last +session of Congress have occurred in this interesting and important matter, +with the views of the Executive in regard to them, it is at this time only +necessary to add that when ever the advices now daily expected from our +chargyyé d'affaires shall have been received they will be made the +subject of a special communication. + +The condition of the public finances was never more flattering than at the +present period. + +Since my last annual communication all the remains of the public debt have +been redeemed, or money has been placed in deposit for this purpose when +ever the creditors choose to receive it. All the other pecuniary +engagements of the Government have been honorably and promptly fulfilled, +and there will be a balance in the Treasury at the close of the year of +about $19,000,000. It is believed that after meeting all outstanding and +unexpended appropriations there will remain near $11,000,000 to be applied +to any new objects which Congress may designate or to the more rapid +execution of the works already in progress. In aid of these objects, and to +satisfy the current expenditures of the ensuing year, it is estimated that +there will be received from various sources $20,000,000 more in 1836. + +Should Congress make new appropriations in conformity with the estimates +which will be submitted from the proper Departments, amounting to about +$24,000,000, still the available surplus at the close of the next year, +after deducting all unexpended appropriations, will probably not be less +than $6,000,000. This sum can, in my judgment, be now usefully applied to +proposed improvements in our navy yards, and to new national works which +are not enumerated in the present estimates or to the more rapid completion +of those already begun. Either would be constitutional and useful, and +would render unnecessary any attempt in our present peculiar condition to +divide the surplus revenue or to reduce it any faster than will be effected +by the existing laws. + +In any event, as the annual report from the Secretary of the Treasury will +enter into details, shewing the probability of some decrease in the revenue +during the next 7 years and a very considerable deduction in 1842, it is +not recommended that Congress should undertake to modify the present tariff +so as to disturb the principles on which the compromise act was passed. +Taxation on some of the articles of general consumption which are not in +competition with our own productions may be no doubt so diminished as to +lessen to some extent the source of this revenue, and the same object can +also be assisted by more liberal provisions for the subjects of public +defense, which in the present state of our prosperity and wealth may be +expected to engage your attention. + +If, however, after satisfying all the demands which can arise from these +sources the unexpended balance in the Treasury should still continue to +increase, it would be better to bear with the evil until the great changes +contemplated in our tariff laws have occurred and shall enable us to revise +the system with that care and circumspection which are due to so delicate +and important a subject. + +It is certainly our duty to diminish as far as we can the burdens of +taxation and to regard all the restrictions which are imposed on the trade +and navigation of our citizens as evils which we shall mitigate when ever +we are not prevented by the adverse legislation and policy of foreign +nations or those primary duties which the defense and independence of our +country enjoin upon us. That we have accomplished much toward the relief of +our citizens by the changes which have accompanied the payment of the +public debt and the adoption of the present revenue laws is manifest from +the fact that compared to 1833 there is a diminution of near $25,000,000 in +the last two years, and that our expenditures, independently of those for +the public debt, have been reduced near $9,000,000 during the same period. +Let us trust that by the continued observance of economy and by harmonizing +the great interests of agriculture, manufactures, and commerce much more +may be accomplished to diminish the burdens of government and to increase +still further the enterprise and the patriotic affection of all classes of +our citizens and all the members of our happy Confederacy. As the data +which the Secretary of the Treasury will lay before you in regard to our +financial resources are full and extended, and will afford a safe guide in +your future calculations, I think it unnecessary to offer any further +observations on that subject here. + +Among the evidences of the increasing prosperity of the country, not the +least gratifying is that afforded by the receipts from the sales of the +public lands, which amount in the present year to the unexpected sum of +$11,000,000. This circumstance attests the rapidity with which agriculture, +the first and most important occupation of man, advances and contributes to +the wealth and power of our extended territory. Being still of the opinion +that it is our best policy, as far as we can consistently with the +obligations under which those lands were ceded to the United States, to +promote their speedy settlement, I beg leave to call the attention of the +present Congress to the suggestions I have offered respecting it in my +former messages. + +The extraordinary receipts from the sales of the public lands invite you to +consider what improvements the land system, and particularly the condition +of the General Land Office, may require. At the time this institution was +organized, near a quarter century ago, it would probably have been thought +extravagant to anticipate for this period such an addition to its business +as has been produced by the vast increase of those sales during the past +and present years. It may also be observed that since the year 1812 the +land offices and surveying districts have been greatly multiplied, and that +numerous legislative enactments from year to year since that time have +imposed a great amount of new and additional duties upon that office, while +the want of a timely application of force commensurate with the care and +labor required has caused the increasing embarrassment of accumulated +arrears in the different branches of the establishment. + +These impediments to the expedition of much duty in the General Land Office +induce me to submit to your judgment whether some modification of the laws +relating to its organization, or an organization of a new character, be not +called for at the present juncture, to enable the office to accomplish all +the ends of its institution with a greater degree of facility and +promptitude than experience has proved to be practicable under existing +regulations. The variety of the concerns and the magnitude and complexity +of the details occupying and dividing the attention of the Commissioner +appear to render it difficult, if not impracticable, for that officer by +any possible assiduity to bestow on all the multifarious subjects upon +which he is called to act the ready and careful attention due to their +respective importance, unless the Legislature shall assist him by a law +providing, or enabling him to provide, for a more regular and economical +distribution of labor, with the incident responsibility among those +employed under his direction. The mere manual operation of affixing his +signature to the vast number of documents issuing from his office subtracts +so largely from the time and attention claimed by the weighty and +complicated subjects daily accumulating in that branch of the public +service as to indicate the strong necessity of revising the organic law of +the establishment. It will be easy for Congress hereafter to proportion the +expenditure on account of this branch of the service to its real wants by +abolishing from time to time the offices which can be dispensed with. + +The extinction of the public debt having taken place, there is no longer +any use for the offices of Commissioners of Loans and of the Sinking Fund. +I recommend, therefore, that they be abolished, and that proper measures be +taken for the transfer to the Treasury Department of any funds, books, and +papers connected with the operations of those offices, and that the proper +power be given to that Department for closing finally any portion of their +business which may remain to be settled. + +It is also incumbent on Congress in guarding the pecuniary interests of the +country to discontinue by such a law as was passed in 1812 the receipt of +the bills of the Bank of the United States in payment of the public +revenue, and to provide for the designation of an agent whose duty it shall +be to take charge of the books and stock of the United States in that +institution, and to close all connection with it after the 3d of March, +1836 1836-03-03, when its charter expires. In making provision in regard to +the disposition of this stock it will be essential to define clearly and +strictly the duties and powers of the officer charged with that branch of +the public service. + +It will be seen from the correspondence which the Secretary of the Treasury +will lay before you that not withstanding the large amount of the stock +which the United States hold in that institution no information has yet +been communicated which will enable the Government to anticipate when it +can receive any dividends or derive any benefit from it. + +Connected with the condition of the finances and the flourishing state of +the country in all its branches of industry, it is pleasing to witness the +advantages which have been already derived from the recent laws regulating +the value of the gold coinage. These advantages will be more apparent in +the course of the next year, when the branch mints authorized to be +established in North Carolina, Georgia, and Louisiana shall have gone into +operation. Aided, as it is hoped they will be, by further reforms in the +banking systems of the States and by judicious regulations on the part of +Congress in relation to the custody of the public moneys, it may be +confidently anticipated that the use of gold and silver as circulating +medium will become general in the ordinary transactions connected with the +labor of the country. + +The great desideratum in modern times is an efficient check upon the power +of banks, preventing that excessive issue of paper whence arise those +fluctuations in the standard of value which render uncertain the rewards of +labor. It was supposed by those who established the Bank of the United +States that from the credit given to it by the custody of the public moneys +and other privileges and the precautions taken to guard against the evils +which the country had suffered in the bankruptcy of many of the State +institutions of that period we should derive from that institution all the +security and benefits of a sound currency and every good end that was +attainable under the provision of the Constitution which authorizes +Congress alone to coin money and regulate the value thereof. But it is +scarcely necessary now to say that these anticipations have not been +realized. + +After the extensive embarrassment and distress recently produced by the +Bank of the United States, from which the country is now recovering, +aggravated as they were by pretensions to power which defied the public +authority, and which if acquiesced in by the people would have changed the +whole character of our Government, every candid and intelligent individual +must admit that for the attainment of the great advantages of a sound +currency we must look to a course of legislation radically different from +that which created such an institution. + +In considering the means of obtaining so important an end we must set aside +all calculations of temporary convenience, and be influenced by those only +which are in harmony with the true character and the permanent interests of +the Republic. We must recur to first principles and see what it is that has +prevented the legislation of Congress and the States on the subject of +currency from satisfying the public expectation and realizing results +corresponding to those which have attended the action of our system when +truly consistent with the great principle of equality upon which it rests, +and with that spirit of forbearance and mutual concession and generous +patriotism which was originally, and must ever continue to be, the vital +element of our Union. + +On this subject I am sure that I can not be mistaken in ascribing our want +of success to the undue countenance which has been afforded to the spirit +of monopoly. All the serious dangers which our system has yet encountered +may be traced to the resort to implied powers and the use of corporations +clothed with privileges, the effect of which is to advance the interests of +the few at the expense of the many. + +We have felt but one class of these dangers exhibited in the contest waged +by the Bank of the United States against the Government for the last four +years. Happily they have been obviated for the present by the indignant +resistance of the people, but we should recollect that the principle whence +they sprung is an ever-active one, which will not fail to renew its effo +rts in the same and in other forms so long as there is a hope of success, +founded either on the inattention of the people or the treachery of their +representatives to the subtle progress of its influence. + +The bank is, in fact, but one of the fruits of a system at war with the +genius of all our institutions -- a system founded upon a political creed +the fundamental principle of which is a distrust of the popular will as a +safe regulator of political power, and whose great ultimate object and +inevitable result, should it prevail, is the consolidation of all power in +our system in one central government. Lavish public disbursements and +corporations with exclusive privileges would be its substitutes for the +original and as yet sound checks and balances of the Constitution -- the +means by whose silent and secret operation a control would be exercised by +the few over the political conduct of the many by first acquiring that +control over the labor and earnings of the great body of the people. +Wherever this spirit has effected an alliance with political power, tyranny +and despotism have been the fruit. If it is ever used for the ends of +government, it has to be incessantly watched, or it corrupts the sources of +the public virtue and agitates the country with questions unfavorable to +the harmonious and steady pursuit of its true interests. + +We are now to see whether, in the present favorable condition of the +country, we can not take an effectual stand against thei spirit of +monopoly, and practically prove in respect to the currency as well as other +important interests that ther is no necessity for so extensive a resort to +it as that which has been heretofore practiced. The experience of another +year has confirmed the utter fallacy of the idea that the Bank of the +United States was necessary as a fiscal agent of the Government. Without +its aid as such, indeed, in despite of all the embarrassment it was in its +power to create, the revenue has been paid with punctuality by our +citizens, the business of exchange, both foreign and domestic, has been +conducted with convenience, and the circulating medium has been greatly +improved. + +By the use of the State banks, which do not derive their charters from the +General Government and are not controlled by its authority, it is +ascertained that the moneys of the United States can be collected and +disbursed without loss or inconvenience, and that all the wants of the +community in relation to exchange and currency are supplied as well as they +have ever been before. If under circumstances the most unfavorable to the +steadiness of the money market it has been found that the considerations on +which the Bank of the United States rested its claims to the public favor +were imaginary and groundless, it can not be doubted that the experience of +the future will be more decisive against them. + +It has been seen that without the agency of a great moneyed monopoly the +revenue can be collected and conveniently and safely applied to all the +purposes of the public expenditure. It is also ascertained that instead of +being necessarily made to promote the evils of an unchecked paper system, +the management of the revenue can be made auxiliary to the reform which the +legislatures of several of the States have already commenced in regard to +the suppression of small bills, and which has only to be fostered by proper +regulations on the part of Congress to secure a practical return to the +extent required for the security of the currency to the constitutional +medium. + +Severed from the Government as political engines, and not susceptible of +dangerous extension and combination, the State banks will not be tempted, +nor will they have teh power, which we have seen exercised, to divert the +public funds from the legitimate purposes of the Government. The collection +and custody of the revenue, being, on the contrary, a source of credit to +them, will increase the security which the States provide for a faithful +execution of their trusts by multiplying the scrutinies to which their +operations and accounts will be subjected. Thus disposed, as well from +interest as the obligations of their charters, it can not be doubted that +such conditions as Congress may see fit to adopt respecting the deposits in +these institutions, with a view to the gradual disuse, of the small bills +will be cheerfully complied with, and that we shall soon gain in place of +the Bank of the United States a practical reform in the whole paper system +of the country. If by this policy we can ultimately witness the suppression +of all bank bills below $20, it is apparent that gold and silver will take +their place and become the principal circulating medium in the common +business of the farmers and mechanics of the country. The attainment of +such a result will form an era in the history of our country which will be +dwelt upon with delight by every true friend of its liberty and +independence. It will lighten the great tax which our paper system has so +long collected from the earnings of labor, and do more to revive and +perpetuate those habits of economy and simplicity which are so congenial to +the character of republicans than all the legislation which has yet been +attempted. + +To this subject I feel that I can not too earnestly invite the special +attention of Congress, without the exercise of whose authority the +opportunity to accomplish so much public good must pass unimproved. Deeply +impressed with its vital importance, the Executive has taken all the steps +within his constitutional power to guard the public revenue and defeat the +expectation which the Bank of the United States indulged of renewing and +perpetuating its monopoly on the ground of its necessity as a fiscal agent +and as affording a sounder currency than could be obtained without such an +institution. + +In the performance of this duty much responsibility was incurred which +would have been gladly avoided if the stake which the public had in the +question could have been otherwise preserved. Although clothed with the +legal authority and supported by precedent, I was aware that there was in +the act of the removal of the deposits a liability to excite that +sensitiveness to Executive power which it is characteristic and the duty of +free men to indulge; but I relied on this feeling also, directed by +patriotism and intelligence, to vindicate the conduct which in the end +would appear to have been called for by the interests of my country. The +apprehensions natural to this feeling that there may have been a desire, +through the instrumentality of that measure, to extend the Executive +influence, or that it may have been prompted by motives not sufficiently +free from ambition, were not over-looked. Under the operation of our +institutions the public servant who is called on to take a step of high +responsibility should feel in the freedom which gives rise to such +apprehensions his highest security. When unfounded the attention which they +arouse and the discussions they excite deprive those who indulge them of +the power to do harm; when just they but hasten the certainty with which +the great body of our citizens never fail to repel an attempt to procure +the sanction to any exercise of power inconsistent with the jealous +maintenance of their rights. + +Under such convictions, and entertaining no doubt that my constitutional +obligations demanded the steps which were taken inreference to the removal +of the deposits, it was impossible for me to be deterred from the path of +duty by a fear that my motives could be misjudged or that political +prejudices could defeat the just consideration of the merits of my conduct. +The result has shewn how safe is this reliance upon the patriotic temper +and enlightened discernment of the people. That measure has now been before +them and has stood the test of all the severe analysis which its general +importance, the interests it affected, and the apprehensions it excited +were calculated to produce, and it now remains for Congress to consider +what legislation has become necessary in consequence. + +I need only add to what I have on former occasions said on this subject +general ly that in the regulations which Congress may prescribe respecting +the custody of the public moneys it is desirable that as little discretion +as may be deemed consistent with their safe-keeping should be given to the +executive agents. No one can be more deeply impressed than I am with the +soundness of the doctrine which restrains and limits, by specific +provisions, executive discretion, as far as it can be done consistently +with the preservation of its constitutional character. In respect to the +control over the public money this doctrine is peculiarly applicable, and +is in harmony with the great principle which I felt I was sustaining in the +controversy with the Bank of the United States, which has resulted in +severing to some extent a dangerous connection between a moneyed and +political power. The duty of the Legislature to define, by clear and +positive enactments, the nature and extent of the action which it belongs +to the Executive to superintend springs out of a policy analogous to that +which enjoins upon all branches of the Federal Government an abstinence +from the exercise of powers not clearly granted. + +In such a Government, possessing only limited and specific powers, the +spirit of its general administration can not be wise or just when it +opposes the reference of all doubtful points to the great source of +authority, the States and the people, whose number and diversified +relations securing them against the influences and excitements which may +mis-lead their agents, make them the safest depository of power. In its +application to the Executive, with reference to the legislative branch of +the Government, the same rule of action should make the President ever +anxious to avoid the exercise of any discretionary authority which can be +regulated by Congress. The biases which may operate upon him will not be so +likely to extend to the representatives of the people in that body. + +In my former messages to Congress I have repeatedly urged the propriety of +lessening the discretionary authority lodged in the various Departments, +but it has produced no effect as yet, except the discontinuance of extra +allowances in the Army and Navy and the substitution of fixed salaries in +the latter. It is believed that the same principles could be advantageously +applied in all cases, and would promote the efficiency and economy of the +public service, at the same tiem that greater satisfaction and more equal +justice would be secured to the public officers generally. + +The accompanying report of the Secretary of War will put you in possession +of the operations of the Department confided to his care in all its +diversified relations during the past year. + +I am gratified in being able to inform you that no occurrence has required +any movement of the military force, except such as is common to a state of +peace. The services of the Army have been limited to their usual duties at +the various garrisons upon the Atlantic and in-land frontier, with the +exceptions states by the Secretary of War. Our small military establishment +appears to be adequate to the purposes for which it is maintained, and it +forms a nucleus around which any additional force may be collected should +the public exigencies unfortunately require any increase of our military +means. + +*** + +State of the Union Address +Andrew Jackson +December 5, 1836 + +Fellow Citizens of the Senate and of the House of Representatives: + +Addressing to you the last annual message I shall ever present to the +Congress of the United States, it is a source of the most heartfelt +satisfaction to be able to congratulate you on the high state of prosperity +which our beloved country has attained. With no causes at home or abroad to +lessen the confidence with which we look to the future for continuing +proofs of the capacity of our free institutions to produce all the fruits +of good government, + +the general condition of our affairs may well excite our national pride. + +I can not avoid congratulating you, and my country particularly, on the +success of the efforts made during my Administration by the Executive and +Legislature, in conformity with the sincere, constant, and earnest desire +of the people, to maintain peace and establish cordial relations with all +foreign powers. Our gratitude is due to the Supreme Ruler of the Universe, +and I invite you to unite with me in offering to Him fervent supplications +that His providential care may ever be extended to those who follow us, +enabling them to avoid the dangers and the horrors of war consistently with +a just and indispensable regard to the rights and honor of our country. But +although the present state of our foreign affairs, standing, without +important change, as they did when you separated in July last, is +flattering in the extreme, I regret to say that many questions of an +interesting character, at issue with other powers, are yet unadjusted. +Amongst the most prominent of these is that of our NE boundary. With an +undiminished confidence in the sincere desire of His Britannic Majesty's +Government to adjust that question, I am not yet in possession of the +precise grounds upon which it proposes a satisfactory adjustment. + +With France our diplomatic relations have been resumed, and under +circumstances which attest the disposition of both Governments to preserve +a mutually beneficial intercourse and foster those amicable feelings which +are so strongly required by the true interests of the two countries. With +Russia, Austria, Prussia, Naples, Sweden, and Denmark the best +understanding exists, and our commercial intercourse is gradually expanding +itself with them. It is encouraged in all these countries, except Naples, +by their mutually advantageous and liberal treaty stipulations with us. + +The claims of our citizens on Portugal are admitted to be just, but +provision for the payment of them has been unfortunately delayed by +frequent political changes in that Kingdom. + +The blessings of peace have not been secured by Spain. Our connections with +that country are on the best footing, with the exception of the burdens +still imposed upon our commerce with her possessions out of Europe. + +The claims of American citizens for losses sustained at the bombardment of +Antwerp have been presented to the Governments of Holland and Belgium, and +will be pressed, in due season, to settlement. + +With Brazil and all our neighbors of this continent we continue to maintain +relations of amity and concord, extending our commerce with them as far as +the resources of the people and the policy of their Governments will +permit. The just and long-standing claims of our citizens upon some of them +are yet sources of dissatisfaction and complaint. No danger is apprehended, +however, that they will not be peacefully, although tardily, acknowledged +and paid by all, unless the irritating effect of her struggle with Texas +should unfortunately make our immediate neighbor, Mexico, an exception. + +It is already known to you, by the correspondence between the two +Governments communicated at your last session, that our conduct in relation +to that struggle is regulated by the same principles that governed us in +the dispute between Spain and Mexico herself, and I trust that it will be +found on the most severe scrutiny that our acts have strictly corresponded +with our professions. That the inhabitants of the United States should feel +strong prepossessions for the one party is not surprising. But this +circumstance should of itself teach us great caution, lest it lead us into +the great error of suffering public policy to be regulated by partially or +prejudice; and there are considerations connected with the possible result +of this contest between the two parties of so much delicacy and importance +to the United States that our character requires that we should neither +anticipate events nor attempt to control them. + +The known desire of the Texans to become a part of our system, although its +gratification depends upon the reconcilement of various and conflicting +interests, necessarily a work of time and uncertain in itself, is +calculated to expose our conduct to misconstruction in the eyes of the +world. There are already those who, indifferent to principle themselves and +prone to suspect the want of it in others, charge us with ambitious designs +and insidious policy. + +You will perceive by the accompanying documents that the extraordinary +mission from Mexico has been terminated on the sole ground that the +obligations of this Government to itself and to Mexico, under treaty +stipulations, have compelled me to trust a discretionary authority to a +high officer of our Army to advance into territory claimed as part of Texas +if necessary to protect our own or the neighboring frontier from Indian +depredation. In the opinion of the Mexican functionary who has just left +us, the honor of his country will be wounded by American soldiers entering, +with the most amicable avowed purposes, upon ground from which the +followers of his Government have been expelled, and over which there is at +present no certainty of a serious effort on its part to re-establish its +dominion. The departure of this minister was the more singular as he was +apprised that the sufficiency of the causes assigned for the advance of our +troops by the commanding general had been seriously doubted by me, and +there was every reason to suppose that the troops of the United States, +their commander having had time to ascertain the truth or falsehood of the +information upon which they had been marched to Nacogdoches, would be +either there in perfect accordance with the principles admitted to be just +in his conference with the Secretary of State by the Mexican minister +himself, or were already withdrawn in consequence of the impressive +warnings their commanding officer had received from the Department of War. +It is hoped and believed that his Government will take a more dispassionate +and just view of this subject, and not be disposed to construe a measure of +justifiable precaution, made necessary by its known inability in execution +of the stipulations of our treaty to act upon the frontier, into an +encroachment upon its rights or a stain upon its honor. + +In the mean time the ancient complaints of injustice made on behalf of our +citizens are disregarded, and new causes of dissatisfaction have arisen, +some of them of a character requiring prompt remonstrance and ample and +immediate redress. I trust, however, by tempering firmness with courtesy +and acting with great forbearance upon every incident that has occurred or +that may happen, to do and to obtain justice, and thus avoid the necessity +of again bringing this subject to the view of Congress. + +It is my duty to remind you that no provision has been made to execute our +treaty with Mexico for tracing the boundary line between the two countries. +What ever may be the prospect of Mexico's being soon able to execute the +treaty on its part, it is proper that we should be in anticipation prepared +at all times to perform our obligations, without regard to the probable +condition of those with whom we have contracted them. + +The result of the confidential inquiries made into the condition and +prospects of the newly declared Texan Government will be communicated to +you in the course of the session. + +Commercial treaties promising great advantages to our enterprising +merchants and navigators have been formed with the distant Governments of +Muscat and Siam. The ratifications have been exchanged, but have not +reached the Department of State. Copes of the treaties will be transmitted +to you if received before, or published if arriving after, the close of the +present session of Congress. + +Nothing has occurred to interrupt the good understanding that has long +existed with the Barbary Powers, nor to check the good will which is +gradually growing up from our intercourse with the dominions of the +Government of growing of the distinguished chief of the Ottoman Empire. + +Information has been received at the Department of State that a treaty with +the Emperor of Morocco has just been negotiated, which, I hope, will be +received in time to be laid before the Senate previous to the close of the +session. + +You will perceive from the report of the Secretary of the Treasury that the +financial means of the country continue to keep pace with its improvement +in all other respects. The receipts into the Treasury during the present +year + +will amount to about $47,691,898; those from customs being estimated at +$22,523,151, those from lands at about $24,000,000, and the residue from +miscellaneous sources. The expenditures for all objects during the year are +estimated not to exceed $32,000,000, which will leave a balance in the +Treasury for public purposes on the first day of January next of about +$41,723,959. This sum, with the exception of $5,000,000, will be +transferred to the several States in accordance with the provisions of the +act regulating the deposits of the public money. + +The unexpended balances of appropriation on the first day of January next +are estimated at $14,636,062, exceeding by $9,636,062 the amount which will +be left in the deposit banks, subject to the draft of the Treasurer of the +United States, after the contemplated transfers to the several States are +made. If, therefore, the future receipts should not be sufficient to meet +these outstanding and future appropriations, there may be soon a necessity +to use a portion of the funds deposited with the States. + +The consequences apprehended when the deposit act of the last session +received a reluctant approval have been measurably realized. Though an act +merely for the deposit of the surplus moneys of the United States in the +State treasuries for safe-keeping until they may be wanted for the service +of the General Government, it has been extensively spoken of as an act to +give the money to the several States, and they have been advised to use it +as a givt, without regard to the means of refunding it when called for. +Such a suggestion has doubtless been made without a proper attention to the +various principles and interests which are affected by it. + +It is manifest that the law itself can not sanction such a suggestion, and +that as it now stands the States have no more authority to receive and use +these deposits without intending to return them than any deposit bank or +any individual temporarily charged with the safe-keeping or application of +the public money would now have for converting the same to their private +use without the consent and against the will of the Government. But +independently of the violation of public faith and moral obligation which +are involved in this suggestion when examined in reference to the terms of +the present deposit act, it is believed that the considerations which +should govern the future legislation of Congress on this subject will be +equally conclusive against the adoption of any measure recognizing the +principles on which the suggestion has been made. + +Considering the intimate connection of the subject with the financial +interests of the country and its great importance in whatever aspect it can +be viewed, I have bestowed upon it the most anxious reflection, and feel it +to be my duty to state to Congress such thoughts as have occurred to me, to +aid their deliberation in treating it in the manner best calculated to +conduce to the common good. + +The experience of other nations admonished us to hasten the extinguishment +of the public debt; but it will be in vain that we have congratulated each +other upon the disappearance of this evil if we do not guard against the +equally great one of promoting the unnecessary accumulation of public +revenue. No political maxim is better established than that which tells us +that an improvident expenditure of money is the parent of profligacy, and +that no people can hope to perpetuate their liberties who long acquiesce in +a policy which taxes them for objects not necessary to the legitimate and +real wants of their Government. Flattering as is the condition of our +country at the present period, because of its unexampled advance in all the +steps of social and political improvement, it can not be disguised that +there is a lurking danger already apparent in the neglect of this warning +truth, and that the time has arrived when the representatives of the people +should be employed in devising some more appropriate remedy than now exists +to avert it. + +Under our present revenue system there is every probability that there will +continue to be a surplus beyond the wants of the Government, and it has +become our duty to decide whether such a result be consistent with the true +objects of our Government. + +Should a surplus be permitted to accumulate beyond the appropriations, it +must be retained in the Treasury, as it now is, or distributed among the +people or the States. + +To retain it in the Treasury unemployed in any way is impracticable; it is, +besides, against the genius of our free institutions to lock up in vaults +the treasure of the nation. To take from the people the right of bearing +arms and put their weapons of defense in the hands of a standing army would +be scarcely more dangerous to their liberties than to permit the Government +to accumulate immense amounts of treasure beyond the supplies necessary to +its legitimate wants. Such a treasure would doubtless be employed at some +time, as it has been in other countries, when opportunity tempted +ambition. + +To collect it merely for distribution to the States would seem to be highly +impolitic, if not as dangerous as the proposition to retain it in the +Treasury. + +The shortest reflection must satisfy everyone that to require the people to +pay taxes to the Government merely that they may be paid back again is +sporting with the substantial interests of the country, and no system which +produces such a result can be expected to receive the public countenance. +Nothing could be gained by it even if each individual who contributed a +portion of the tax could receive back promptly the same portion. But it is +apparent that no system of the kind can ever be enforced which will not +absorb a considerable portion of the money to be distributed in salaries +and commissions to the agents employed in the process and in the various +losses and depreciations which arise from other causes, and the practical +effect of such an attempt must ever be to burden the people with taxes, not +for purposes beneficial to them, but to swell the profits of deposit banks +and support a band of useless public officers. + +A distribution to the people is impracticable and unjust in other respects. +It would be taking one man's property and giving it to another. Such would +be the unavoidable result of a rule of equality (and none other is spoken +of or would be likely to be adopted), in as much as there is no mode by +which the amount of the individual contributions of our citizens to the +public revenue can be ascertained. We know that they contribute unequally, +and a rule, therefore, that would distribute to them equally would be +liable to all the objections which apply to the principle of an equal +division of property. To make the General Government the instrument of +carrying this odious principle into effect would be at once to destroy the +means of its usefulness and change the character designed for it by the +framers of the Constitution. + +But the more extended and injurious consequences likely to result from a +policy which would collect a surplus revenue from the purpose of +distributing it may be forcibly illustrated by an examination of the +effects already produced by the present deposit act. This act, although +certainly designed to secure the safe-keeping of the public revenue, is not +entirely free in its tendencies from any of the objections which apply to +this principle of distribution. The Government had without necessity +received from the people a large surplus, which, instead of being employed +as heretofore and returned to them by means of the public expenditure, was +deposited with sundry banks. The banks proceeded to make loans upon this +surplus, and thus converted it into banking capital, and in this manner it +has tended to multiply bank charters and has had a great agency in +producing a spirit of wild speculation. The possession and use of the +property out of which this surplus was created belonged to the people, but +the Government has transferred its possession to incorporated banks, whose +interest and effort it is to make large profits out of its use. This +process need only be stated to show its injustice and bad policy. + +And the same observations apply to the influence which is produced by the +steps necessary to collect as well as to distribute such a revenue. About +3/5 of all the duties on imports are paid in the city of New York, but it +is obvious that the means to pay those duties are drawn from every quarter +of the Union. Every citizen in every State who purchases and consumes an +article which has paid a duty at that port contributes to the accumulating +mass. The surplus collected there must therefore be made up of moneys or +property withdrawn from other points and other States. Thus the wealth and +business of every region from which these surplus funds proceed must be to +some extent injured, while that of the place where the funds are +concentrated and are employed in banking are proportionably extended. But +both in making the transfer of the funds which are first necessary to pay +the duties and collect the surplus and in making the re-transfer which +becomes necessary when the time arrives for the distribution of that +surplus there is a considerable period when the funds can not be brought +into use, and it is manifest that, besides the loss inevitable from such an +operation, its tendency is to produce fluctuations in the business of the +country, which are always productive of speculation and detrimental to the +interests of regular trade. Argument can scarcely be necessary to show that +a measure of this character ought not to receive further legislative +encouragement. + +By examining the practical operation of the ration for distribution adopted +in the deposit bill of the last session we shall discover other features +that appear equally objectionable. Let it be assumed, for the sake of +argument, that the surplus moneys to be deposited with the States have been +collected and belong to them in the ration of their federal representative +population -- an assumption founded upon the fact that any deficiencies in +our future revenue from imposts and public lands must be made up by direct +taxes collected from the States in that ration. It is proposed to +distribute this surplus -- say $30,000,000 -- not according to the ration +in which it has been collected and belongs to the people of the States, but +in that of their votes in the colleges of electors of President and Vice +President. The effect of a distribution upon that ration is shown by the +annexed table, marked A. + +By an examination of that table it will be perceived that in the +distribution of a surplus of $30,000,000 upon that basis there is a great +departure from the principle which regards representation as the true +measure of taxation, and it will be found that the tendency of that +departure will be to increase whatever inequalities have been supposed to +attend the operation of our federal system in respect to its bearings upon +the different interests of the Union. In making the basis of representation +the basis of taxation the framers of the Constitution intended to equalize +the burdens which are necessary to support the Government, and the adoption +of that ratio, while it accomplished this object, was also the means of +adjusting other great topics arising out of the conflicting views +respecting the political equality of the various members of the +Confederacy. What ever, therefore, disturbs the liberal spirit of the +compromises which established a rule of taxation so just and equitable, and +which experience has proved to be so well adapted to the genius and habits +of our people, should be received with the greatest caution and distrust. + +A bare inspection in the annexed table of the differences produced by the +ration used in the deposit act compared with the results of a distribution +according to the ration of direct taxation must satisfy every unprejudiced +mind that the former ration contravenes the spirit of the Constitution and +produces a degree of injustice in the operations of the Federal Government +which would be fatal to the hope of perpetuating it. By the ration of +direct taxation, for example, the State of Delaware in the collection of +$30,000,000 of revenue would pay into the Treasury $188,716, and in a +distribution of $30,000,000 she would receive back from the Government, +according to the ration of the deposit bill, the sum of $306,122; and +similar results would follow the comparison between the small and the large +States throughout the Union, thus realizing to the small States an +advantage which would be doubtless as unacceptable to them as a motive for +incorporating the principle in any system which would produce it as it +would be inconsistent with the rights and expectations of the large +States. + +It was certainly the intention of that provision of the Constitution which +declares that "all duties, imposts, and excises" shall "be uniform +throughout the United States" to make the burdens of taxation fall equally +upon the people in what ever State of the Union they may reside. But what +would be the value of such a uniform rule if the moneys raised by it could +be immediately returned by a different one which will give to the people of +some States much more and to those of others much less than their fair +proportions? Were the Federal Government to exempt in express terms the +imports, products, and manufactures of some portions of the country from +all duties while it imposed heavy ones on others, the injustice could not +be greater. It would be easy to show how by the operation of such a +principle the large States of the Union would not only have to contribute +their just share toward the support of the Federal Government, but also +have to bear in some degree the taxes necessary to support the governments +of their smaller sisters; but it is deemed unnecessary to state the details +where the general principle is so obvious. + +A system liable to such objections can never be supposed to have been +sanctioned by the framers of the Constitution when they conferred on +Congress the taxing power, and I feel persuaded that a mature examination +of the subject will satisfy everyone that there are insurmountable +difficulties in the operation of any plan which can be devised of +collecting revenue for the purpose of distributing it. Congress is only +authorized to levy taxes "to pay the debts and provide for the common +defense and general welfare of the United States". There is no such +provision as would authorize Congress to collect together the property of +the country, under the name of revenue, for the purpose of dividing it +equally or unequally among the States or the people. Indeed, it is not +probable that such an idea ever occurred to the States when they adopted +the Constitution. But however this may be, the only safe rule for us in +interpreting the powers granted to the Federal Government is to regard the +absence of express authority to touch a subject so important and delicate +as this as equivalent to a prohibition. + +Even if our powers were less doubtful in this respect as the Constitution +now stands, there are considerations afforded by recent experience which +would seem to make it our duty to avoid a resort to such a system. All will +admit that the simplicity and economy of the State governments mainly +depend on the fact that money has to be supplied to support them by the +same men, or their agents, who vote it away in appropriations. Hence when +there are extravagant and wasteful appropriations there must be a +corresponding increase of taxes, and the people, becoming awakened, will +necessarily scrutinize the character of measures which thus increase their +burdens. By the watchful eye of self-interest the agents of the people in +the State governments are repressed and kept within the limits of a just +economy. + +But if the necessity of levying the taxes be taken from those who make the +appropriations and thrown upon a more distant and less responsible set of +public agents, who have power to approach the people by an indirect and +stealthy taxation, there is reason to fear that prodigality will soon +supersede those characteristics which have thus far made us look with so +much pride and confidence to the State governments as the main-stay of our +Union and liberties. The State legislatures, instead of studying to +restrict their State expenditures to the smallest possible sum, will claim +credit for their profusion, and harass the General Government for increased +supplies. + +Practically there would soon be but one taxing power, and that vested in a +body of men far removed from the people, in which the farming and mechanic +interests would scarcely be represented. The States would gradually lose +their purity as well as their independence; they would not dare to murmur +at the proceedings of the General Government, lest they should lose their +supplies; all would be merged in a practical consolidation, cemented by +wide-spread corruption, which could only be eradicated by one of those +bloody revolutions which occasionally over-throw the despotic systems of +the Old World. + +In all the other aspects in which I have been able to look at the effect of +such a principle of distribution upon the best interests of the country I +can see nothing to compensate for the disadvantages to which I have +adverted. If we consider the protective duties, which are in a great degree +the source of the surplus revenue, beneficial to one section of the Union +and prejudicial to another, there is no corrective for the evil in such a +plan of distribution. On the contrary, there is reason to fear that all the +complaints which have sprung from this cause would be aggravated. Everyone +must be sensible that a distribution of the surplus must beget a +disposition to cherish the means which create it, and any system, +therefore, into which it enters must have a powerful tendency to increase +rather than diminish the tariff. If it were even admitted that the +advantages of such a system could be made equal to all the sections of the +Union, the reasons already so urgently calling for a reduction of the +revenue would never the less lose none of their force, for it will always +be improbable that an intelligent and virtuous community can consent to +raise a surplus for the mere purpose of dividing it, diminished as it must +inevitably be by the expenses of the various machinery necessary to the +process. + +The safest and simplest mode of obviating all the difficulties which have +been mentioned is to collect only revenue enough to meet the wants of the +Government, and let the people keep the balance of their property in their +own hands, to be used for their own profit. Each State will then support +its own government and contribute its due share toward the support of the +General Government. There would be no surplus to cramp and lessen the +resources of individual wealth and enterprise, and the banks would be left +to their ordinary means. Whatever agitations and fluctuations might arise +from our unfortunate paper system, they could never be attributed, justly +or unjustly, to the action of the Federal Government. There would be some +guaranty that the spirit of wild speculation which seeks to convert the +surplus revenue into banking capital would be effectually checked, and that +the scenes of demoralization which are now so prevalent through the land +would disappear. + +Without desiring to conceal that the experience and observation of the last +two years have operated a partial change in my views upon this interesting +subject, it is never the less regretted that the suggestions made by me in +my annual messages of 1829 and 1830 have been greatly misunderstood. At +that time the great struggle was begun against that latitudinarian +construction of the Constitution which authorizes the unlimited +appropriation of the revenues of the Union to internal improvements within +the States, tending to invest in the hands and place under the control of +the General Government all the principal roads and canals of the country, +in violation of State rights and in derogation of State authority. + +At the same time the condition of the manufacturing interest was such as to +create an apprehension that the duties on imports could not without +extensive mischief be reduced in season to prevent the accumulation of a +considerable surplus after the payment of the national debt. In view of the +dangers of such a surplus, and in preference to its application to internal +improvements in derogation of the rights and powers of the States, the +suggestion of an amendment of the Constitution to authorize its +distribution was made. It was an alternative for what were deemed greater +evils -- a temporary resort to relieve an over-burdened treasury until the +Government could, without a sudden and destructive revulsion in the +business of the country, gradually return to the just principle of raising +no more revenue from the people in taxes than is necessary for its +economical support. + +Even that alternative was not spoken of but in connection with an amendment +of the Constitution. No temporary inconvenience can justify the exercise of +a prohibited power not granted by that instrument, and it was from a +conviction that the power to distribute even a temporary surplus of revenue +is of that character that it was suggested only in connection with an +appeal to the source of all legal power in the General Government, the +States which have established it. No such appeal has been taken, and in my +opinion a distribution of the surplus revenue by Congress either to the +States or the people is to be considered as among the prohibitions of the +Constitution. + +As already intimated, my views have undergone a change so far as to be +convinced that no alteration of the Constitution in this respect is wise or +expedient. The influence of an accumulating surplus upon the credit system +of the country, producing dangerous extensions and ruinous contractions, +fluctuations in the price of property, rash speculation, idleness, +extravagance, and a deterioration of morals, have taught us the important +lesson that any transient mischief which may attend the reduction of our +revenue to the wants of our Government is to be borne in preference to an +over-flowing treasury. + +I beg leave to call your attention to another subject intimately associated +with the preceding one -- the currency of the country. + +It is apparent from the whole context of the Constitution, as well as the +history of the times which gave birth to it, that it was the purpose of the +Convention to establish a currency consisting of the precious metals. +These, from their peculiar properties which rendered them the standard of +value in all other countries, were adopted in this as well to establish its +commercial standard in reference to foreign countries by a permanent rule +as to exclude the use of a mutable medium of exchange, such as of certain +agricultural commodities recognized by the statutes of some States as a +tender for debts, or the still more pernicious expedient of a paper +currency. + +The last, from the experience of the evils of the issues of paper during +the Revolution, had become so justly obnoxious as not only to suggest the +clause in the Constitution forbidding the emission of bills of credit by +the States, but also to produce that vote in the Convention which negatived +the proposition to grant power to Congress to charter corporations -- a +proposition well understood at the time as intended to authorize the +establishment of a national bank, which was to issue a currency of bank +notes on a capital to be created to some extent out of Government stocks. +Although this proposition was refused by a direct vote of the Convention, +the object was afterwards in effect obtained by its ingenious advocates +through a strained construction of the Constitution. The debts of the +Revolution were funded at prices which formed no equivalent compared with +the nominal amount of the stock, and under circumstances which exposed the +motives of some of those who participated in the passage of the act to +distrust. + +The facts that the value of the stock was greatly enhanced by the creation +of the bank, that it was well understood that such would be the case, and +that some of the advocates of the measure were largely benefited by it +belong to the history of the times, and are well calculated to diminish the +respect which might otherwise have been due to the action of the Congress +which created the institution. + +On the establishment of a national bank it became the interest of its +creditors that gold should be superseded by the paper of the bank as a +general currency. A value was soon attached to the gold coins which made +their exportation to foreign countries as a mercantile commodity more +profitable than their retention and use at home as money. It followed as a +matter of course, if not designed by those who established the bank, that +the bank became in effect a substitute for the Mint of the United States. + +Such was the origin of a national bank currency, and such the beginning of +those difficulties which now appear in the excessive issues of the banks +incorporated by the various States. + +Although it may not be possible by any legislative means within our power +to change at once the system which has thus been introduced, and has +received the acquiescence of all portions of the country, it is certainly +our duty to do + +all that is consistent with our constitutional obligations in preventing +the mischiefs which are threatened by its undue extension. That the efforts +of the fathers of our Government to guard against it by a constitutional +provision were founded on an intimate knowledge of the subject has been +frequently attested by the bitter experience of the country. The same +causes which led them to refuse their sanction to a power authorizing the +establishment of incorporations for banking purposes now exist in a much +stronger degree to urge us to exert the utmost vigilance in calling into +action + +the means necessary to correct the evils resulting from the unfortunate +exercise of the power, and it is hoped that the opportunity for effecting +this great good will be improved before the country witnesses new scenes of +embarrassment and distress. + +Variableness must ever be the characteristic of a currency of which the +precious metals are not the chief ingredient, or which can be expanded or +contracted without regard to the principles that regulate the value of +those metals as a standard in the general trade of the world. With us bank +issues constitute such a currency, and must ever do so until they are made +dependent on those just proportions of gold and silver as a circulating +medium which experience has proved to be necessary not only in this but in +all other commercial countries. Where those proportions are not infused +into the circulation and do not control it, it is manifest that prices must +vary according to the tide of bank issues, and the value and stability of +property must stand exposed to all the uncertainty which attends the +administration of institutions that are constantly liable to the temptation +of an interest distinct from that of the community in which they are +established. + +The progress of an expansion, or rather a depreciation, of the currency by +excessive bank issues is always attended by a loss to the laboring classes. +This portion of the community have neither time nor opportunity to watch +the ebbs and flows of the money market. Engaged from day to day in their +useful toils, they do not perceive that although their wages are nominally +the same, or even somewhat higher, they are greatly reduced in fact by the +rapid increase of a spurious currency, which, as it appears to make money +abound, they are at first inclined to consider a blessing. + +It is not so with the speculator, by whom this operation is better +understood, and is made to contribute to his advantage. It is not until the +prices of the necessaries of life become so dear that the laboring classes +can not supply their wants out of their wages that the wages rise and +gradually reach a justly proportioned rate to that of the products of their +labor. When thus, by depreciation in consequence of the quantity of paper +in circulation, wages as well as prices become exorbitant, it is soon found +that the whole effect of the adulteration is a tariff on our home industry +for the benefit of the countries where gold and silver circulate and +maintain uniformity and moderation in prices. It is then perceived that the +enhancement of the price of land and labor produces a corresponding +increase in the price of products until these products do not sustain a +competition with similar ones in other countries, and thus both +manufactured and agricultural productions cease to bear expectation from +the country of the spurious currency, because they can not be sold for +cost. + +This is the process by which specie is banished by the paper of the banks. +Their vaults are soon exhausted to pay for foreign commodities. The next +step is a stoppage of specie payment -- a total degradation of paper as a +currency -- unusual depression of prices, the ruin of debtors, and the +accumulation of property in the hands of creditors and cautious +capitalists. + +It was in view of these evils, together with the dangerous power wielded by +the Bank of the United States and its repugnance to our Constitution, that +I was induced to exert the power conferred upon me by the American people +to prevent the continuance of that institution. But although various +dangers to our republican institutions have been obviated by the failure of +that bank to extort from the Government a renewal of its charter, it is +obvious that little has been accomplished except a salutary change of +public opinion toward restoring to the country the sound currency provided +for in the Constitution. + +In the acts of several of the States prohibiting the circulation of small +notes and the auxiliary enactments of Congress at the last session +forbidding their reception or payment on public account, the true policy of +the country has been advanced and a larger portion of the precious metals +infused into our circulating medium. These measures will probably be +followed up in due time by the enactment of State laws banishing from +circulation bank notes of still higher denominations, and the object may be +materially promoted by further acts of Congress forbidding the employment +as fiscal agents of such banks as continue to issue notes of low +denominations and throw impediments in the way of the circulation of gold +and silver. + +The effects of an extension of bank credits and over-issues of bank paper +have been strikingly illustrated in the sales of the public lands. From the +returns made by the various registers and receivers in the early part of +last summer it was perceived that the receipts arising from the sales of +the public lands were increasing to an unprecedented amount. In effect, +however, these receipts amounted to nothing more than credits in bank. The +banks lent out their notes to speculators. They were paid to the receivers +and immediately returned to the banks, to be lent out again and again, +being mere instruments to transfer to speculators the most valuable public +land and pay the Government by a credit on the books of the banks. + +Those credits on the books of some of the Western banks, usually called +deposits, were already greatly beyond their immediate means of payment, and +were rapidly increasing. Indeed, each speculation furnished means for +another; for no sooner had one individual or company paid in the notes than +they were immediately lent to another for a like purpose, and the banks +were extending their business and their issues so largely as to alarm +considerate men and render it doubtful whether these bank credits, if +permitted to accumulate, would ultimately be of the least value to the +Government. The spirit of expansion and speculation was not confined to the +deposit banks, but pervaded the whole multitude of banks throughout the +Union and was giving rise to new institutions to aggravate the evil. + +The safety of the public funds and the interest of the people generally +required that these operations should be checked; and it became the duty of +every branch of the General and State Governments to adopt all legitimate +and proper means to produce that salutary effect. Under this view of my +duty I directed the issuing of the order which will be laid before you by +the Secretary of the Treasury, requiring payment for the public lands sold +to be made in specie, with an exception until the 15th of the present month +in favor of actual settlers. + +This measure has produced many salutary consequences. It checked the career +of the Western banks and gave them additional strength in anticipation of +the pressure which has since pervaded our Eastern as well as the European +commercial cities. By preventing the extension of the credit system it +measurably cut off the means of speculation and retarded its progress in +monopolizing the most valuable of the public lands. It has tended to save +the new States from a non-resident proprietorship, one of the greatest +obstacles to the advancement of a new country and the prosperity of an old +one. It has tended to keep open the public lands for entry by emigrants at +Government prices instead of their being compelled to purchase of +speculators at double or triple prices. And it is conveying into the +interior large sums in silver and gold, there to enter permanently into the +currency of the country and place it on a firmer foundation. It is +confidently believed that the country will find in the motives which +induced that order and the happy consequences which will have ensued much +to commend and nothing to condemn. + +It remains for Congress if they approve the policy which dictated this +order to follow it up in its various bearings. Much good, in my judgment, +would be produced by prohibiting sales of the public lands except to actual +settlers at a reasonable reduction of price, and to limit the quantity +which shall be sold to them. Although it is believed the General Government +never ought to receive anything but the constitutional currency in exchange +for the public lands, that point would be of less importance if the lands +were sold for immediate settlement and cultivation. Indeed, there is +scarcely a mischief arising out of our present land system, including the +accumulating surplus of revenues, which would not be remedied at once by a +restriction on land sales to actual settlers; and it promises other +advantages to the country in general and to the new States in particular +which can not fail to receive the most profound consideration of Congress. + +Experience continues to realize the expectations entertained as to the +capacity of the State banks to perform the duties of fiscal agents for the +Government at the time of the removal of the deposits. It was alleged by +the advocates of the Bank of the United States that the State banks, what +ever might be the regulations of the Treasury Department, could not make +the transfers required by the Government or negotiate the domestic +exchanges of the country. It is now well ascertained that the real domestic +exchanges performed through discounts by the United States Bank and its 25 +branches were at least 1/3 less than those of the deposit banks for an +equal period of time; and if a comparison be instituted between the amounts +of service rendered by these institutions on the broader basis which has +been used by the advocates of the United States Bank in estimating what +they consider the domestic exchanges transacted by it, the result will be +still more favorable to the deposit banks. + +The whole amount of public money transferred by the Bank of the United +States in 1832 was $16,000,000. The amount transferred and actually paid by +the deposit banks in the year ending the first of October last was +$39,319,899; the amount transferred and paid between that period and the +6th of November was $5,399,000, and the amount of transfer warrants +outstanding on that day was $14,450,000, making an aggregate of +$59,168,894. These enormous sums of money first mentioned have been +transferred with the greatest promptitude and regularity, and the rates at +which the exchanges have been negotiated previously to the passage of the +deposit act were generally below those charged by the Bank of the United +States. Independently of these services, which are far greater than those +rendered by the United States Bank and its 25 branches, a number of the +deposit banks have, with a commendable zeal to aid in the improvement of +the currency, imported from abroad, at their own expense, large sums of the +precious metals for coinage and circulation. + +In the same manner have nearly all the predictions turned out in respect to +the effect of the removal of the deposits -- a step unquestionably +necessary to prevent the evils which it was foreseen the bank itself would +endeavor to create in a final struggle to procure a renewal of its charter. +It may be thus, too, in some degree with the further steps which may be +taken to prevent the excessive issue of other bank paper, but it is to be +hoped that nothing will now deter the Federal and State authorities from +the firm and vigorous performance of their duties to themselves and to the +people in this respect. + +In reducing the revenue to the wants of the Government your particular +attention is invited to those articles which constitute the necessaries of +life. The duty on salt was laid as a war tax, and was no doubt continued to +assist in providing for the payment of the war debt. There is no article +the release of which from taxation would be felt so generally and so +beneficially. To this may be added all kinds of fuel and provisions. +Justice and benevolence unite in favor of releasing the poor of our cities +from burdens which are not necessary to the support of our Government and +tend only to increase the wants of the destitute. + +It will be seen by the report of the Secretary of the Treasury and the +accompanying documents that the Bank of the United States has made no +payment on account of the stock held by the Government in that institution, +although urged to pay any portion which might suit its convenience, and +that it has given no information when payment may be expected. Nor, +although repeatedly requested, has it furnished the information in relation +to its condition which Congress authorized the Secretary to collect at +their last session. Such measures as are within the power of the Executive +have been taken to ascertain the value of the stock and procure the payment +as early as possible. + +The conduct and present condition of that bank and the great amount of +capital vested in it by the United States require your careful attention. +Its charter expired on the third day of March last, and it has now no power +but that given in the twenty-first section, "to use the corporate name, +style, and capacity for the purpose of suits for the final settlement and +liquidation of the affairs and accounts of the corporation, and for the +sale and disposition of their estate -- real, personal, and mixed -- but +not for any other purpose or in any other manner what so ever, nor for a +period exceeding two years after the expiration of the said term of +incorporation". + +Before the expiration of the charter the stock-holders of the bank obtained +an act of incorporation from the legislature of Pennsylvania, excluding +only the United States. Instead of proceeding to wind up their concerns and +pay over to the United States the amount due on account of the stock held +by them, the president and directors of the old bank appear to have +transferred the books, papers, notes, obligations, and most or all of its +property to this new corporation, which entered upon business as a +continuation of the old concern. + +Amongst other acts of questionable validity, the notes of the expired +corporation are known to have been used as its own and again put in +circulation. That the old bank had no right to issue or re-issue its notes +after the expiration of its charter can not be denied, and that it could +not confer any such right on its substitute any more than exercise it +itself is equally plain. In law and honesty the notes of the bank in +circulation at the expiration of its charter should have been called in by +public advertisement, paid up as presented, and, together with those on +hand, canceled and destroyed. + +Their re-issue is sanctioned by no law and warranted by no necessity. If +the United States be responsible in their stock for the payment of these +notes, their re- issue by the new corporation for their own profit is a +fraud on the Government. If the United States is not responsible, then +there is no legal responsibility in any quarter, and it is a fraud on the +country. They are the redeemed notes of a dissolved partnership, but, +contrary to the wishes of the retiring partner and without his consent, are +again re-issued and circulated. + +It is the high and peculiar duty of Congress to decide whether any further +legislation be necessary for the security of the large amount of public +property now held and in use by the new bank, and for vindicating the +rights of the Government and compelling a speedy and honest settlement with +all the creditors of the old bank, public and private, or whether the +subject shall be left to the power now possessed by the Executive and +judiciary. It remains to be seen whether the persons who as managers of the +old bank undertook to control the Government, retained the public +dividends, shut their doors upon a committee of the House of +Representatives, and filled the country with panic to accomplish their own +sinister objects may now as managers of a new bank continue with impunity +to flood the country with a spurious currency, use the $7M of Government +stock for their own profit, and refuse to the United States all information +as to the present condition of their own property and the prospect of +recovering it into their own possession. + +The lessons taught by the Bank of the United States can not well be lost +upon the American people. They will take care never again to place so +tremendous a power in irresponsible hands, and it will be fortunate if they +seriously consider the consequences which are likely to result on a smaller +scale from the facility with which corporate powers are granted by their +State governments. + +It is believed that the law of the last session regulating the deposit +banks operates onerously and unjustly upon them in many respects, and it is +hoped that Congress, on proper representations, will adopt the +modifications which are necessary to prevent this consequence. + +The report of the Secretary of War ad interim and the accompanying +documents, all which are herewith laid before you, will give you a full +view of the diversified and important operations of that Department during +the past year. + +The military movements rendered necessary by the aggressions of the hostile +portions of the Seminole and Creek tribes of Indians, and by other +circumstances, have required the active employment of nearly our whole +regular force, including the Marine Corps, and of large bodies of militia +and volunteers. With all these events so far as they were known at the seat +of Government before the termination of your last session you are already +acquainted, and it is therefore only needful in this place to lay before +you a brief summary of what has since occurred. + +The war with the Seminoles during the summer was on our part chiefly +confined to the protection of our frontier settlements from the incursions +of the enemy, and, as a necessary and important means for the +accomplishment of that end, to the maintenance of the posts previously +established. In the course of this duty several actions took place, in +which the bravery and discipline of both officers and men were +conspicuously displayed, and which I have deemed it proper to notice in +respect to the former by the granting of brevet rank for gallant services +in the field. But as the force of the Indians was not so far weakened by +these partial successes as to lead them to submit, and as their savage +inroads were frequently repeated, early measures were taken for placing at +the disposal of Governor Call, who as commander in chief of the Territorial +militia had been temporarily invested with the command, an ample force for +the purpose of resuming offensive operations in the most efficient manner +so soon as the season should permit. Major General Jesup was also directed, +on the conclusion of his duties in the Creek country, to repair to Florida +and assume the command. + +The result of the first movement made by the forces under the direction of +Governor Call in October last, as detailed in the accompanying papers, +excited much surprise and disappointment. A full explanation has been +required of the causes which led to the failure of that movement, but has +not yet been received. In the mean time, as it was feared that the health +of Governor Call, who was understood to have suffered much from sickness, +might not be adequate to the crisis, and as Major General Jesup was known +to have reached Florida, that officer was directed to assume command, and +to prosecute all needful operations with the utmost promptitude and vigor. +From the force at his disposal and the dispositions he has made and is +instructed to make, and from the very efficient measures which it is since +ascertained have been taken by Governor Call, there is reason to hope that +they will soon be enabled to reduce the enemy to subjection. In the mean +time, as you will perceive from the report of the Secretary, there is +urgent necessity for further appropriations to suppress these hostilities. + +Happily for the interests of humanity, the hostilities with the Creeks were +brought to a close soon after your adjournment, without that effusion of +blood which at one time was apprehended as inevitable. The unconditional +submission of the hostile party was followed by their speedy removal to the +country assigned them West of the Mississippi. The inquiry as to alleged +frauds in the purchase of the reservations of these Indians and the causes +of their hostilities, requested by the resolution of the House of +Representatives of the first of July last [1836-07-01] to be made by the +President, is now going on through the agency of commissioners appointed +for that purpose. Their report may be expected during your present +session. + +The difficulties apprehended in the Cherokee country have been prevented, +and the peace and safety of that region and its vicinity effectually +secured, by the timely measures taken by the War Department, and still +continued. + +The discretionary authority given to General Gaines to cross the Sabine and +to occupy a position as far West as Nacogdoches, in case he should deem +such a step necessary to the protection of the frontier and to the +fulfillment of the stipulations contained in our treaty with Mexico, and +the movement subsequently made by that officer have been alluded to in a +former part of this message. At the date of the latest intelligence from +Nacogdoches our troops were yet at that station, but the officer who has +succeeded General Gaines has recently been advised that from the facts +known at the seat of Government there would seem to be no adequate cause +for any longer maintaining that position, and he was accordingly +instructed, in case the troops were not already withdrawn under the +discretionary powers before possessed by him, to give the requisite orders +for that purpose on the receipt of the instructions, unless he shall then +have in his possession such information as shall satisfy him that the +maintenance of the post is essential to the protection of our frontiers and +to the due execution of our treaty stipulations, as previously explained to +him. + +Whilst the necessities existing during the present year for the service of +militia and volunteers have furnished new proofs of the patriotism of our +fellow citizens, they have also strongly illustrated the importance of an +increase in the rank and file of the Regular Army. The views of this +subject submitted by the Secretary of War in his report meet my entire +concurrence, and are earnestly commended to the deliberate attention of +Congress. In this connection it is also proper to remind you that the +defects in our present militia system are every day rendered more apparent. +The duty of making further provision by law for organizing, arming, and +disciplining this arm of defense has been so repeatedly presented to +Congress by myself and my predecessors that I deem it sufficient on this +occasion to refer to the last annual message and to former Executive +communications in which the subject has been discussed. + +It appears from the reports of the officers charged with mustering into +service the volunteers called for under the act of Congress of the last +session that more presented themselves at the place of rendezvous in +Tennessee than were sufficient to meet the requisition which had been made +by the Secretary of War upon the governor of that State. This was +occasioned by the omission of the governor to apportion the requisition to +the different regiments of militia so as to obtain the proper number of +troops and no more. It seems but just to the patriotic citizens who +repaired to the general rendezvous under circumstances authorizing them to +believe that their services were needed and would be accepted that the +expenses incurred by them while absent from their homes should be paid by +the Government. I accordingly recommend that a law to this effect be passed +by Congress, giving them a compensation which will cover their expenses on +the march to and from the place of rendezvous and while there; in +connection with which it will also be proper to make provision for such +other equitable claims growing out of the service of the militia as may not +be embraced in the existing laws. + +On the unexpected breaking out of hostilities in Florida, Alabama, and +Georgia it became necessary in some cases to take the property of +individuals for public use. Provision should be made by law for +indemnifying the owners; and I would also respectfully suggest whether some +provision may not be made, consistently with the principles of our +Government, for the relief of the sufferers by Indian depredations or by +the operations of our own troops. + +No time was lost after the making of the requisite appropriations in +resuming the great national work of completing the unfinished +fortifications on our sea-board and of placing them in a proper state of +defense. In consequence, however, of the very late day at which those bills +were passed, but little progress could be made during the season which has +just closed. A very large amount of the moneys granted at your last session +accordingly remains unexpended; but as the work will be again resumed at +the earliest moment in the coming spring, the balance of the existing +appropriations, and in several cases which will be laid before you, with +the proper estimates, further sums for the like objects, may be usefully +expended during the next year. + +The recommendations of an increase in the Engineer Corps and for a +reorganization of the Topographical Corps, submitted to you in my last +annual message, derive additional strength from the great embarrassments +experienced during the present year in those branches of the service, and +under which they are now suffering. Several of the most important surveys +and constructions directed by recent laws have been suspended in +consequence of the want of adequate force in these corps. + +The like observations may be applied to the Ordnance Corps and to the +general staff, the operations of which as they are now organized must +either be frequently interrupted or performed by officers taken from the +line of the Army, to the great prejudice of the service. + +For a general view of the condition of the Military Academy and of other +branches of the military service not already noticed, as well as for +further illustrations of those which have been mentioned, I refer you to +the accompanying documents, and among the various proposals contained +therein for legislative action I would particularly notice the suggestion +of the Secretary of War for the revision of the pay of the Army as entitled +to your favorable regard. + +The national policy, founded alike in interest and in humanity, so long and +so steadily pursued by this Government for the removal of the Indian tribes +originally settled on this side of the Mississippi to the W of that river, +may be said to have been consummated by the conclusion of the late treaty +with the Cherokees. The measures taken in the execution of that treaty and +in relation to our Indian affairs generally will fully appear by referring +to the accompanying papers. Without dwelling on the numerous and important +topics embraced in them, I again invite your attention to the importance of +providing a well-digested and comprehensive system for the protection, +supervision, and improvement of the various tribes now planted in the +Indian country. + +The suggestions submitted by the Commissioner of Indian Affairs, and +enforced by the Secretary, on this subject, and also in regard to the +establishment of additional military posts in the Indian country, are +entitled to your profound consideration. Both measures are necessary, for +the double purpose of protecting the Indians from intestine war, and in +other respects complying with our engagements with them, and of securing +our western frontier against incursions which otherwise will assuredly be +made on it. The best hopes of humanity in regard to the aboriginal race, +the welfare of our rapidly extending settlements, and the honor of the +United States are all deeply involved in the relations existing between +this Government and the emigrating tribes. I trust, therefore, that the +various matters submitted in the accompanying documents in respect to those +relations will receive your early and mature deliberation, and that it may +issue in the adoption of legislative measures adapted to the circumstances +and duties of the present crisis. + +You are referred to the report of the Secretary of the Navy for a +satisfactory view of the operations of the Department under his charge +during the present year. In the construction of vessels at the different +navy yards and in the employment of our ships and squadrons at sea that +branch of the service has been actively and usefully employed. While the +situation of our commercial interests in the West Indies required a greater +number than usual of armed vessels to be kept on that station, it is +gratifying to perceive that the protection due to our commerce in other +quarters of the world has not proved insufficient. Every effort has been +made to facilitate the equipment of the exploring expedition authorized by +the act of the last session, but all the preparation necessary to enable it +to sail has not yet been completed. No means will be spared by the +Government to fit out the expedition on a scale corresponding with the +liberal appropriations for the purpose and with the elevated character of +the objects which are to be effected by it. + +I beg leave to renew the recommendation made in my last annual message +respecting the enlistment of boys in our naval service, and to urge upon +your attention the necessity of further appropriations to increase the +number of ships afloat and to enlarge generally the capacity and force of +the Navy. The increase of our commerce and our position in regard to the +other powers of the world will always make it our policy and interest to +cherish the great naval resources of our country. + +The report of the PostMaster General presents a gratifying picture of the +condition of the Post Office Department. Its revenues for the year ending +the 30th June last were $3,398,455.19, showing an increase of revenue over +that of the preceding year of $404,878.53, or more than 13%. The +expenditures for the same year were $2,755,623.76, exhibiting a surplus of +$642,831.43. The Department has been redeemed from embarrassment and debt, +has accumulated a surplus exceeding half a million dollars, has largely +extended and is preparing still further to extend the mail service, and +recommends a reduction of postages equal to about 20%. It is practicing +upon the great principle which should control every branch of our +Government of rendering to the public the greatest good possible with the +least possible taxation to the people. + +The scale of postages suggested by the PostMaster General recommends +itself, not only by the reduction it proposes, but by the simplicity of its +arrangement, its conformity with the Federal currency, and the improvement +it will introduce into the accounts of the Department and its agents. + +Your particular attention is invited to the subject of mail contracts with +railroad companies. The present laws providing for the making of contracts +are based upon the presumption that competition among bidders will secure +the service at a fair price; but on most of the railroad lines there is no +competition in that kind of transportation, and advertising is therefore +useless. No contract can now be made with them except such as shall be +negotiated before the time of offering or afterwards, and the power of the +PostMaster General to pay them high prices is practically without +limitation. It would be a relief to him and no doubt would conduce to the +public interest to prescribe by law some equitable basis upon which such +contracts shall rest, and restrict him by a fixed rule of allowance. Under +a liberal act of that sort he would undoubtedly be able to secure the +services of most of the railroad companies, and the interest of the +Department would be thus advanced. + +The correspondence between the people of the United States and the European +nations, and particularly with the British Islands, has become very +extensive, and requires the interposition of Congress to give it security. +No obstacle is perceived to an interchange of mails between New York and +Liverpool or other foreign ports, as proposed by the PostMaster General. On +the contrary, it promises, by the security it will afford, to facilitate +commercial transactions and give rise to an enlarged intercourse among the +people of different nations, which can not but have a happy effect. Through +the city of New York most of the correspondence between the Canadas and +Europe is now carried on, and urgent representations have been received +from the head of the provincial post office asking the interposition of the +United States to guard it from the accidents and losses to which it is now +subjected. Some legislation appears to be called for as well by our own +interest as by comity to the adjoining British provinces. + +The expediency of providing a fire-proof building for the important books +and papers of the Post Office Department is worthy of consideration. In the +present condition of our Treasury it is neither necessary nor wise to leave +essential public interests exposed to so much danger when they can so +readily be made secure. There are weighty considerations in the location of +a new building for that Department in favor of placing it near the other +executive buildings. + +The important subjects of a survey of the coast and the manufacture of a +standard of weights and measures for the different custom houses have been +in progress for some years under the general direction of the Executive and +the immediate superintendence of a gentleman possessing high scientific +attainments. At the last session of Congress the making of a set of weights +and measures for each State in the Union was added to the others by a joint +resolution. + +The care and correspondence as to all these subjects have been devolved on +the Treasury Department during the last year. A special report from the +Secretary of the Treasury will soon be communicated to Congress, which will +show what has been accomplished as to the whole, the number and +compensation of the persons now employed in these duties, and the progress +expected to be made during the ensuing year, with a copy of the various +correspondence deemed necessary to throw light on the subjects which seem +to require additional legislation. + +Claims have been made for retrospective allowances in behalf of the +superintendent and some of his assistants, which I did not feel justified +in granting. Other claims have been made for large increases in +compensation, which, under the circumstances of the several cases, I +declined making without the express sanction of Congress. In order to +obtain that sanction the subject was at the last session, on my suggestion +and by request of the immediate superintendent, submitted by the Treasury +Department to the Committee on Commerce of the House of Representatives. +But no legislative action having taken place, the early attention of +Congress is now invited to the enactment of some express and detailed +provisions in relation to the various claims made for the past, and to the +compensation and allowances deemed proper for the future. + +It is further respectfully recommended that, such being the inconvenience +of attention to these duties by the Chief Magistrate, and such the great +pressure of business on the Treasury Department, the general supervision of +the coast survey and the completion of the weights and measures, if the +works are kept united, should be devolved on a board of officers organized +specially for that purpose, or on the Navy Board attached to the Navy +Department. + +All my experience and reflection confirm the conviction I have so often +expressed to Congress in favor of an amendment of the Constitution which +will prevent in any event the election of the President and Vice President +of the United States devolving on the House of Representatives and the +Senate, and I therefore beg leave again to solicit your attention to the +subject. There were various other suggestions in my last annual message not +acted upon, particularly that relating to the want of uniformity in the +laws of the District of Columbia, that are deemed worthy of your favorable +consideration. + +Before concluding this paper I think it due to the various Executive +Departments to bear testimony to their prosperous condition and to the +ability and integrity with which they have been conducted. It has been my +aim to enforce in all of them a vigilant and faithful discharge of the +public business, and it is gratifying to me to believe that there is no +just cause of complaint from any quarter at the manner in which they have +fulfilled the objects of their creation. + +Having now finished the observations deemed proper on this the last +occasion I shall have of communicating with the two Houses of Congress at +their meeting, I can not omit an expression of the gratitude which is due +to the great body of my fellow citizens, in whose partiality and indulgence +I have found encouragement and support in the many difficult and trying +scenes through which it has been my lot to pass during my public career. +Though deeply sensible that my exertions have not been crowned with a +success corresponding to the degree of favor bestowed upon me, I am sure +that they will be considered as having been directed by an earnest desire +to promote the good of my country, and I am consoled by the persuasion that +what ever errors have been committed will find a corrective in the +intelligence and patriotism of those who will succeed us. All that has +occurred during my Administration is calculated to inspire me with +increased confidence in the stability of our institutions; and should I be +spared to enter upon that retirement which is so suitable to my age and +infirm health and so much desired by me in other respects, I shall not +cease to invoke that beneficent Being to whose providence we are already so +signally indebted for the continuance of His blessings on our beloved +country. + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY ANDREW JACKSON *** + +This file should be named sujac10.txt or sujac10.zip +Corrected EDITIONS of our eBooks get a new NUMBER, sujac11.txt +VERSIONS based on separate sources get new LETTER, sujac10a.txt + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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Please do not remove it. Do not change or edit the +header without written permission. + +Please read the "legal small print," and other information about the +eBook and Project Gutenberg at the bottom of this file. Included is +important information about your specific rights and restrictions in +how the file may be used. You can also find out about how to make a +donation to Project Gutenberg, and how to get involved. + + +**Welcome To The World of Free Plain Vanilla Electronic Texts** + +**eBooks Readable By Both Humans and By Computers, Since 1971** + +*****These eBooks Were Prepared By Thousands of Volunteers!***** + + +Title: State of the Union Addresses of Andrew Jackson + +Author: Andrew Jackson + +Release Date: February, 2004 [EBook #5016] +[Yes, we are more than one year ahead of schedule] +[This file was first posted on April 11, 2002] +[Date last updated: December 16, 2004] + +Edition: 11 + +Language: English + +Character set encoding: ASCII + +*** START OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY ANDREW JACKSON *** + + + +This eBook was produced by James Linden. + +The addresses are separated by three asterisks: *** + +Dates of addresses by Andrew Jackson in this eBook: + +December 8, 1829 +December 6, 1830 +December 6, 1831 +December 4, 1832 +December 3, 1833 +December 1, 1834 +December 7, 1835 +December 5, 1836 + + + +*** + +State of the Union Address +Andrew Jackson +December 8, 1829 + +Fellow Citizens of the Senate and of the House of Representatives: + +It affords me pleasure to tender my friendly greetings to you on the +occasion of your assembling at the seat of Government to enter upon the +important duties to which you have been called by the voice of our +country-men. The task devolves on me, under a provision of the +Constitution, to present to you, as the Federal Legislature of 24 +sovereign States and 12,000,000 happy people, a view of our affairs, +and to propose such measures as in the discharge of my official +functions have suggested themselves as necessary to promote the objects +of our Union. + +In communicating with you for the first time it is to me a source of +unfeigned satisfaction, calling for mutual gratulation and devout +thanks to a benign Providence, that we are at peace with all man-kind, +and that our country exhibits the most cheering evidence of general +welfare and progressive improvement. Turning our eyes to other nations, +our great desire is to see our brethren of the human race secured in +the blessings enjoyed by ourselves, and advancing in knowledge, in +freedom, and in social happiness. + +Our foreign relations, although in their general character pacific and +friendly, present subjects of difference between us and other powers of +deep interest as well to the country at large as to many of our +citizens. To effect an adjustment of these shall continue to be the +object of my earnest endeavors, and not with standing the difficulties +of the task, I do not allow myself to apprehend unfavorable results. +Blessed as our country is with every thing which constitutes national +strength, she is fully adequate to the maintenance of all her +interests. In discharging the responsible trust confided to the +Executive in this respect it is my settled purpose to ask nothing that +is not clearly right and to submit to nothing that is wrong; and I +flatter myself that, supported by the other branches of the Government +and by the intelligence and patriotism of the people, we shall be able, +under the protection of Providence, to cause all our just rights to be +respected. + +Of the unsettled matters between the United States and other powers, +the most prominent are those which have for years been the subject of +negotiation with England, France, and Spain. The late periods at which +our ministers to those Governments left the United States render it +impossible at this early day to inform you of what has been done on the +subjects with which they have been respectively charged. Relying upon +the justice of our views in relation to the points committed to +negotiation and the reciprocal good feeling which characterizes our +intercourse with those nations, we have the best reason to hope for a +satisfactory adjustment of existing differences. + +With Great Britain, alike distinguished in peace and war, we may look +forward to years of peaceful, honorable, and elevated competition. +Every thing in the condition and history of the two nations is +calculated to inspire sentiments of mutual respect and to carry +conviction to the minds of both that it is their policy to preserve the +most cordial relations. Such are my own views, and it is not to be +doubted that such are also the prevailing sentiments of our +constituents. Although neither time nor opportunity has been afforded +for a full development of the policy which the present cabinet of Great +Britain designs to pursue toward this country, I indulge the hope that +it will be of a just and pacific character; and if this anticipation be +realized we may look with confidence to a speedy and acceptable +adjustment of our affairs. + +Under the convention for regulating the reference to arbitration of the +disputed points of boundary under the 5th article of the treaty of +Ghent, the proceedings have hitherto been conducted in that spirit of +candor and liberality which ought ever to characterize the acts of +sovereign States seeking to adjust by the most unexceptionable means +important and delicate subjects of contention. The first sentiments of +the parties have been exchanged, and the final replication on our part +is in a course of preparation. This subject has received the attention +demanded by its great and peculiar importance to a patriotic member of +this Confederacy. The exposition of our rights already made is such as, +from the high reputation of the commissioners by whom it has been +prepared, we had a right to expect. Our interests at the Court of the +Sovereign who has evinced his friendly disposition by assuming the +delicate task of arbitration have been committed to a citizen of the +State of Maine, whose character, talents, and intimate acquaintance +with the subject eminently qualify him for so responsible a trust. With +full confidence in the justice of our cause and in the probity, +intelligence, and uncompromising independence of the illustrious +arbitrator, we can have nothing to apprehend from the result. + +From France, our ancient ally, we have a right to expect that justice +which becomes the sovereign of a powerful, intelligent, and magnanimous +people. The beneficial effects produced by the commercial convention of +1822, limited as are its provisions, are too obvious not to make a +salutary impression upon the minds of those who are charged with the +administration of her Government. Should this result induce a +disposition to embrace to their full extent the wholesome principles +which constitute our commercial policy, our minister to that Court will +be found instructed to cherish such a disposition and to aid in +conducting it to useful practical conclusions. The claims of our +citizens for depredations upon their property, long since committed +under the authority, and in many instances by the express direction, of +the then existing Government of France, remain unsatisfied, and must +therefore continue to furnish a subject of unpleasant discussion and +possible collision between the two Governments. I cherish, however, a +lively hope, founded as well on the validity of those claims and the +established policy of all enlightened governments as on the known +integrity of the French Monarch, that the injurious delays of the past +will find redress in the equity of the future. Our minister has been +instructed to press these demands on the French Government with all the +earnestness which is called for by their importance and irrefutable +justice, and in a spirit that will evince the respect which is due to +the feelings of those from whom the satisfaction is required. + +Our minister recently appointed to Spain has been authorized to assist +in removing evils alike injurious to both countries, either by +concluding a commercial convention upon liberal and reciprocal terms or +by urging the acceptance in their full extent of the mutually +beneficial provisions of our navigation acts. He has also been +instructed to make a further appeal to the justice of Spain, in behalf +of our citizens, for indemnity for spoliations upon our commerce +committed under her authority--an appeal which the pacific and liberal +course observed on our part and a due confidence in the honor of that +Government authorize us to expect will not be made in vain. + +With other European powers our intercourse is on the most friendly +footing. In Russia, placed by her territorial limits, extensive +population, and great power high in the rank of nations, the United +States have always found a steadfast friend. Although her recent +invasion of Turkey awakened a lively sympathy for those who were +exposed to the desolation of war, we can not but anticipate that the +result will prove favorable to the cause of civilization and to the +progress of human happiness. The treaty of peace between these powers +having been ratified, we can not be insensible to the great benefit to +be derived by the commerce of the United States from unlocking the +navigation of the Black Sea, a free passage into which is secured to +all merchant vessels bound to ports of Russia under a flag at peace +with the Porte. This advantage, enjoyed upon conditions by most of the +powers of Europe, has hitherto been withheld from us. During the past +summer an antecedent but unsuccessful attempt to obtain it was renewed +under circumstances which promised the most favorable results. Although +these results have fortunately been thus in part attained, further +facilities to the enjoyment of this new field for the enterprise of our +citizens are, in my opinion, sufficiently desirable to insure to them +our most zealous attention. + +Our trade with Austria, although of secondary importance, has been +gradually increasing, and is now so extended as to deserve the +fostering care of the Government. A negotiation, commenced and nearly +completed with that power by the late Administration, has been +consummated by a treaty of amity, navigation, and commerce, which will +be laid before the Senate. + +During the recess of Congress our diplomatic relations with Portugal +have been resumed. The peculiar state of things in that country caused +a suspension of the recognition of the representative who presented +himself until an opportunity was had to obtain from our official organ +there information regarding the actual and, as far as practicable, +prospective condition of the authority by which the representative in +question was appointed. This information being received, the +application of the established rule of our Government in like cases was +no longer withheld. + +Considerable advances have been made during the present year in the +adjustment of claims of our citizens upon Denmark for spoliations, but +all that we have a right to demand from that Government in their behalf +has not yet been conceded. From the liberal footing, however, upon +which this subject has, with the approbation of the claimants, been +placed by the Government, together with the uniformly just and friendly +disposition which has been evinced by His Danish Majesty, there is a +reasonable ground to hope that this single subject of difference will +speedily be removed. + +Our relations with the Barbary Powers continue, as they have long been, +of the most favorable character. The policy of keeping an adequate +force in the Mediterranean, as security for the continuance of this +tranquillity, will be persevered in, as well as a similar one for the +protection of our commerce and fisheries in the Pacific. + +The southern Republics of our own hemisphere have not yet realized all +the advantages for which they have been so long struggling. We trust, +however, that the day is not distant when the restoration of peace and +internal quiet, under permanent systems of government, securing the +liberty and promoting the happiness of the citizens, will crown with +complete success their long and arduous efforts in the cause of +self-government, and enable us to salute them as friendly rivals in all +that is truly great and glorious. + +The recent invasion of Mexico, and the effect thereby produced upon her +domestic policy, must have a controlling influence upon the great +question of South American emancipation. We have seen the fell spirit +of civil dissension rebuked, and perhaps for ever stifled, in that +Republic by the love of independence. If it be true, as appearances +strongly indicate, the spirit of independence is the master spirit, and +if a corresponding sentiment prevails in the other States, this +devotion to liberty can not be without a proper effect upon the +counsels of the mother country. The adoption by Spain of a pacific +policy toward her former colonies--an event consoling to humanity, and +a blessing to the world, in which she herself can not fail largely to +participate--may be most reasonably expected. + +The claims of our citizens upon the South American Governments +generally are in a train of settlement, while the principal part of +those upon Brazil have been adjusted, and a decree in council ordering +bonds to be issued by the minister of the treasury for their amount has +received the sanction of His Imperial Majesty. This event, together +with the exchange of the ratifications of the treaty negotiated and +concluded in 1828, happily terminates all serious causes of difference +with that power. + +Measures have been taken to place our commercial relations with Peru +upon a better footing than that upon which they have hitherto rested, +and if met by a proper disposition on the part of that Government +important benefits may be secured to both countries. + +Deeply interested as we are in the prosperity of our sister Republics, +and more particularly in that of our immediate neighbor, it would be +most gratifying to me were I permitted to say that the treatment which +we have received at her hands has been as universally friendly as the +early and constant solicitude manifested by the United States for her +success gave us a right to expect. But it becomes my duty to inform you +that prejudices long indulged by a portion of the inhabitants of Mexico +against the envoy extraordinary and minister plenipotentiary of the +United States have had an unfortunate influence upon the affairs of the +two countries, and have diminished that usefulness to his own which was +justly to be expected from his talents and zeal. To this cause, in a +great degree, is to be imputed the failure of several measures equally +interesting to both parties, but particularly that of the Mexican +Government to ratify a treaty negotiated and concluded in its own +capital and under its own eye. Under these circumstances it appeared +expedient to give to Mr. Poinsett the option either to return or not, +as in his judgment the interest of his country might require, and +instructions to that end were prepared; but before they could be +dispatched a communication was received from the Government of Mexico, +through its charge d'affaires here, requesting the recall of our +minister. This was promptly complied with, and a representative of a +rank corresponding with that of the Mexican diplomatic agent near this +Government was appointed. Our conduct toward that Republic has been +uniformly of the most friendly character, and having thus removed the +only alleged obstacle to harmonious intercourse, I can not but hope +that an advantageous change will occur in our affairs. + +In justice to Mr. Poinsett it is proper to say that my immediate +compliance with the application for his recall and the appointment of a +successor are not to be ascribed to any evidence that the imputation of +an improper interference by him in the local politics of Mexico was +well founded, nor to a want of confidence in his talents or integrity, +and to add that the truth of the charges has never been affirmed by the +federal Government of Mexico in its communications with us. + +I consider it one of the most urgent of my duties to bring to your +attention the propriety of amending that part of the Constitution which +relates to the election of President and Vice-President. Our system of +government was by its framers deemed an experiment, and they therefore +consistently provided a mode of remedying its defects. + +To the people belongs the right of electing their Chief Magistrate; it +was never designed that their choice should in any case be defeated, +either by the intervention of electoral colleges or by the agency +confided, under certain contingencies, to the House of Representatives. +Experience proves that in proportion as agents to execute the will of +the people are multiplied there is danger of their wishes being +frustrated. Some may be unfaithful; all are liable to err. So far, +therefore, as the people can with convenience speak, it is safer for +them to express their own will. + +The number of aspirants to the Presidency and the diversity of the +interests which may influence their claims leave little reason to +expect a choice in the first instance, and in that event the election +must devolve on the House of Representatives, where it is obvious the +will of the people may not be always ascertained, or, if ascertained, +may not be regarded. From the mode of voting by States the choice is to +be made by 24 votes, and it may often occur that one of these will be +controlled by an individual Representative. Honors and offices are at +the disposal of the successful candidate. Repeated ballotings may make +it apparent that a single individual holds the cast in his hand. May he +not be tempted to name his reward? + +But even without corruption, supposing the probity of the +Representative to be proof against the powerful motives by which it may +be assailed, the will of the people is still constantly liable to be +misrepresented. One may err from ignorance of the wishes of his +constituents; another from a conviction that it is his duty to be +governed by his own judgment of the fitness of the candidates; finally, +although all were inflexibly honest, all accurately informed of the +wishes of their constituents, yet under the present mode of election a +minority may often elect a President, and when this happens it may +reasonably be expected that efforts will be made on the part of the +majority to rectify this injurious operation of their institutions. But +although no evil of this character should result from such a perversion +of the first principle of our system--that the majority is to +govern--it must be very certain that a President elected by a minority +can not enjoy the confidence necessary to the successful discharge of +his duties. + +In this as in all other matters of public concern policy requires that +as few impediments as possible should exist to the free operation of +the public will. Let us, then, endeavor so to amend our system that the +office of Chief Magistrate may not be conferred upon any citizen but in +pursuance of a fair expression of the will of the majority. + +I would therefore recommend such an amendment of the Constitution as +may remove all intermediate agency in the election of the President and +Vice-President. The mode may be so regulated as to preserve to each +State its present relative weight in the election, and a failure in the +first attempt may be provided for by confining the second to a choice +between the two highest candidates. In connection with such an +amendment it would seem advisable to limit the service of the Chief +Magistrate to a single term of either four or six years. If, however, +it should not be adopted, it is worthy of consideration whether a +provision disqualifying for office the Representatives in Congress on +whom such an election may have devolved would not be proper. + +While members of Congress can be constitutionally appointed to offices +of trust and profit it will be the practice, even under the most +conscientious adherence to duty, to select them for such stations as +they are believed to be better qualified to fill than other citizens; +but the purity of our Government would doubtless be promoted by their +exclusion from all appointments in the gift of the President, in whose +election they may have been officially concerned. The nature of the +judicial office and the necessity of securing in the Cabinet and in +diplomatic stations of the highest rank the best talents and political +experience should, perhaps, except these from the exclusion. + +There are, perhaps, few men who can for any great length of time enjoy +office and power without being more or less under the influence of +feelings unfavorable to the faithful discharge of their public duties. +Their integrity may be proof against improper considerations +immediately addressed to themselves, but they are apt to acquire a +habit of looking with indifference upon the public interests and of +tolerating conduct from which an unpracticed man would revolt. Office +is considered as a species of property, and government rather as a +means of promoting individual interests than as an instrument created +solely for the service of the people. Corruption in some and in others +a perversion of correct feelings and principles divert government from +its legitimate ends and make it an engine for the support of the few at +the expense of the many. The duties of all public officers are, or at +least admit of being made, so plain and simple that men of intelligence +may readily qualify themselves for their performance; and I can not but +believe that more is lost by the long continuance of men in office than +is generally to be gained by their experience. I submit, therefore, to +your consideration whether the efficiency of the Government would not +be promoted and official industry and integrity better secured by a +general extension of the law which limits appointments to four years. + +In a country where offices are created solely for the benefit of the +people no one man has any more intrinsic right to official station than +another. Offices were not established to give support to particular men +at the public expense. No individual wrong is, therefore, done by +removal, since neither appointment to nor continuance in office is a +matter of right. The incumbent became an officer with a view to public +benefits, and when these require his removal they are not to be +sacrificed to private interests. It is the people, and they alone, who +have a right to complain when a bad officer is substituted for a good +one. He who is removed has the same means of obtaining a living that +are enjoyed by the millions who never held office. The proposed +limitation would destroy the idea of property now so generally +connected with official station, and although individual distress may +be some times produced, it would, by promoting that rotation which +constitutes a leading principle in the republican creed, give healthful +action to the system. + +No very considerable change has occurred during the recess of Congress +in the condition of either our agriculture, commerce, or manufactures. +The operation of the tariff has not proved so injurious to the two +former or as beneficial to the latter as was anticipated. Importations +of foreign goods have not been sensibly diminished, while domestic +competition, under an illusive excitement, has increased the production +much beyond the demand for home consumption. The consequences have been +low prices, temporary embarrassment, and partial loss. That such of our +manufacturing establishments as are based upon capital and are +prudently managed will survive the shock and be ultimately profitable +there is no good reason to doubt. + +To regulate its conduct so as to promote equally the prosperity of +these three cardinal interests is one of the most difficult tasks of +Government; and it may be regretted that the complicated restrictions +which now embarrass the intercourse of nations could not by common +consent be abolished, and commerce allowed to flow in those channels to +which individual enterprise, always its surest guide, might direct it. +But we must ever expect selfish legislation in other nations, and are +therefore compelled to adapt our own to their regulations in the manner +best calculated to avoid serious injury and to harmonize the +conflicting interests of our agriculture, our commerce, and our +manufactures. Under these impressions I invite your attention to the +existing tariff, believing that some of its provisions require +modification. + +The general rule to be applied in graduating the duties upon articles +of foreign growth or manufacture is that which will place our own in +fair competition with those of other countries; and the inducements to +advance even a step beyond this point are controlling in regard to +those articles which are of primary necessity in time of war. When we +reflect upon the difficulty and delicacy of this operation, it is +important that it should never be attempted but with the utmost +caution. Frequent legislation in regard to any branch of industry, +affecting its value, and by which its capital may be transferred to new +channels, must always be productive of hazardous speculation and loss. + +In deliberating, therefore, on these interesting subjects local +feelings and prejudices should be merged in the patriotic determination +to promote the great interests of the whole. All attempts to connect +them with the party conflicts of the day are necessarily injurious, and +should be discountenanced. Our action upon them should be under the +control of higher and purer motives. Legislation subjected to such +influences can never be just, and will not long retain the sanction of +a people whose active patriotism is not bounded by sectional limits nor +insensible to that spirit of concession and forbearance which gave life +to our political compact and still sustains it. Discarding all +calculations of political ascendancy, the North, the South, the East, +and the West should unite in diminishing any burthen of which either +may justly complain. + +The agricultural interest of our country is so essentially connected +with every other and so superior in importance to them all that it is +scarcely necessary to invite to it your particular attention. It is +principally as manufactures and commerce tend to increase the value of +agricultural productions and to extend their application to the wants +and comforts of society that they deserve the fostering care of +Government. + +Looking forward to the period, not far distant, when a sinking fund +will no longer be required, the duties on those articles of importation +which can not come in competition with our own productions are the +first that should engage the attention of Congress in the modification +of the tariff. Of these, tea and coffee are the most important. They +enter largely into the consumption of the country, and have become +articles of necessity to all classes. A reduction, therefore, of the +existing duties will be felt as a common benefit, but like all other +legislation connected with commerce, to be efficacious and not +injurious it should be gradual and certain. + +The public prosperity is evinced in the increased revenue arising from +the sales of the public lands and in the steady maintenance of that +produced by imposts and tonnage, not withstanding the additional duties +imposed by the act of May 19th, 1828, and the unusual importations in +the early part of that year. + +The balance in the Treasury on January 1st, 1829 was $5,972,435.81. The +receipts of the current year are estimated at $24,602,230 and the +expenditures for the same time at $26,164,595, leaving a balance in the +Treasury on January 1st, 1830 of $4,410,070.81. + +There will have been paid on account of the public debt during the +present year the sum of $12,405,005.80, reducing the whole debt of the +Government on January 1st, 1830 to $48,565,406.50, including $7 millions +of the 5% stock subscribed to the Bank of the United States. The payment +on account of public debt made on July 1st, 1829 was $8,715,462.87. It was +apprehended that the sudden withdrawal of so large a sum from the banks +in which it was deposited, at a time of unusual pressure in the money +market, might cause much injury to the interests dependent on bank +accommodations. But this evil was wholly averted by an early +anticipation of it at the Treasury, aided by the judicious arrangements +of the officers of the Bank of the United States. + +This state of the finances exhibits the resources of the nation in an +aspect highly flattering to its industry and auspicious of the ability +of Government in a very short time to extinguish the public debt. When +this shall be done our population will be relieved from a considerable +portion of its present burthens, and will find not only new motives to +patriotic affection, but additional means for the display of individual +enterprise. The fiscal power of the States will also be increased, and +may be more extensively exerted in favor of education and other public +objects, while ample means will remain in the Federal Government to +promote the general weal in all the modes permitted to its authority. + +After the extinction of the public debt it is not probable that any +adjustment of the tariff upon principles satisfactory to the people of +the Union will until a remote period, if ever, leave the Government +without a considerable surplus in the Treasury beyond what may be +required for its current service. As, then, the period approaches when +the application of the revenue to the payment of debt will cease, the +disposition of the surplus will present a subject for the serious +deliberation of Congress; and it may be fortunate for the country that +it is yet to be decided. + +Considered in connection with the difficulties which have heretofore +attended appropriations for purposes of internal improvement, and with +those which this experience tells us will certainly arise when ever +power over such subjects may be exercised by the Central Government, it +is hoped that it may lead to the adoption of some plan which will +reconcile the diversified interests of the States and strengthen the +bonds which unite them. Every member of the Union, in peace and in war, +will be benefited by the improvement of inland navigation and the +construction of high ways in the several States. Let us, then, endeavor +to attain this benefit in a mode which will be satisfactory to all. +That hitherto adopted has by many of our fellow citizens been +deprecated as an infraction of the Constitution, while by others it has +been viewed as inexpedient. All feel that it has been employed at the +expense of harmony in the legislative councils. + +To avoid these evils it appears to me that the most safe, just, and +federal disposition which could be made of the surplus revenue would be +its apportionment among the several States according to their ratio of +representation, and should this measure not be found warranted by the +Constitution that it would be expedient to propose to the States an +amendment authorizing it. I regard an appeal to the source of power in +cases of real doubt, and where its exercise is deemed indispensable to +the general welfare, as among the most sacred of all our obligations. + +Upon this country more than any other has, in the providence of God, +been cast the special guardianship of the great principle of adherence +to written constitutions. If it fail here, all hope in regard to it +will be extinguished. + +That this was intended to be a government of limited and specific, and +not general, powers must be admitted by all, and it is our duty to +preserve for it the character intended by its framers. If experience +points out the necessity for an enlargement of these powers, let us +apply for it to those for whose benefit it is to be exercised, and not +under-mine the whole system by a resort to over-strained constructions. +The scheme has worked well. It has exceeded the hopes of those who +devised it, and become an object of admiration to the world. We are +responsible to our country and to the glorious cause of self-government +for the preservation of so great a good. + +The great mass of legislation relating to our internal affairs was +intended to be left where the Federal Convention found it--in the State +governments. Nothing is clearer, in my view, than that we are chiefly +indebted for the success of the Constitution under which we are now +acting to the watchful and auxiliary operation of the State +authorities. This is not the reflection of a day, but belongs to the +most deeply rooted convictions of my mind. I can not, therefore, too +strongly or too earnestly, for my own sense of its importance, warn you +against all encroachments upon the legitimate sphere of State +sovereignty. Sustained by its healthful and invigorating influence the +federal system can never fall. + +In the collection of the revenue the long credits authorized on goods +imported from beyond the Cape of Good Hope are the chief cause of the +losses at present sustained. If these were shortened to 6, 9, and 12 +months, and ware-houses provided by Government sufficient to receive +the goods offered in deposit for security and for debenture, and if the +right of the United States to a priority of payment out of the estates +of its insolvent debtors were more effectually secured, this evil would +in a great measure be obviated. An authority to construct such houses +is therefore, with the proposed alteration of the credits, recommended +to your attention. + +It is worthy of notice that the laws for the collection and security of +the revenue arising from imposts were chiefly framed when the rates of +duties on imported goods presented much less temptation for illicit +trade than at present exists. There is reason to believe that these +laws are in some respects quite insufficient for the proper security of +the revenue and the protection of the interests of those who are +disposed to observe them. The injurious and demoralizing tendency of a +successful system of smuggling is so obvious as not to require comment, +and can not be too carefully guarded against. I therefore suggest to +Congress the propriety of adopting efficient measures to prevent this +evil, avoiding, however, as much as possible, every unnecessary +infringement of individual liberty and embarrassment of fair and lawful +business. + +On an examination of the records of the Treasury I have been forcibly +struck with the large amount of public money which appears to be +outstanding. Of the sum thus due from individuals to the Government a +considerable portion is undoubtedly desperate, and in many instances +has probably been rendered so by remissness in the agents charged with +its collection. By proper exertions a great part, however, may yet be +recovered; and what ever may be the portions respectively belonging to +these two classes, it behooves the Government to ascertain the real +state of the fact. This can be done only by the prompt adoption of +judicious measures for the collection of such as may be made available. +It is believed that a very large amount has been lost through the +inadequacy of the means provided for the collection of debts due to the +public, and that this inadequacy lies chiefly in the want of legal +skill habitually and constantly employed in the direction of the agents +engaged in the service. It must, I think, be admitted that the +supervisory power over suits brought by the public, which is now vested +in an accounting officer of the Treasury, not selected with a view to +his legal knowledge, and encumbered as he is with numerous other +duties, operates unfavorably to the public interest. + +It is important that this branch of the public service should be +subjected to the supervision of such professional skill as will give it +efficiency. The expense attendant upon such a modification of the +executive department would be justified by the soundest principles of +economy. I would recommend, therefore, that the duties now assigned to +the agent of the Treasury, so far as they relate to the superintendence +and management of legal proceedings on the part of the United States, +be transferred to the Attorney General, and that this officer be placed +on the same footing in all respects as the heads of the other +Departments, receiving like compensation and having such subordinate +officers provided for his Department as may be requisite for the +discharge of these additional duties. The professional skill of the +Attorney General, employed in directing the conduct of marshals and +district attorneys, would hasten the collection of debts now in suit +and hereafter save much to the Government. It might be further extended +to the superintendence of all criminal proceedings for offenses against +the United States. In making this transfer great care should be taken, +however, that the power necessary to the Treasury Department be not +impaired, one of its greatest securities consisting in control over all +accounts until they are audited or reported for suit. + +In connection with the foregoing views I would suggest also an inquiry +whether the provisions of the act of Congress authorizing the discharge +of the persons of the debtors to the Government from imprisonment may +not, consistently with the public interest, be extended to the release +of the debt where the conduct of the debtor is wholly exempt from the +imputation of fraud. Some more liberal policy than that which now +prevails in reference to this unfortunate class of citizens is +certainly due to them, and would prove beneficial to the country. The +continuance of the liability after the means to discharge it have been +exhausted can only serve to dispirit the debtor; or, where his +resources are but partial, the want of power in the Government to +compromise and release the demand instigates to fraud as the only +resource for securing a support to his family. He thus sinks into a +state of apathy, and becomes a useless drone in society or a vicious +member of it, if not a feeling witness of the rigor and inhumanity of +his country. All experience proves that oppressive debt is the bane of +enterprise, and it should be the care of a republic not to exert a +grinding power over misfortune and poverty. + +Since the last session of Congress numerous frauds on the Treasury have +been discovered, which I thought it my duty to bring under the +cognizance of the United States court for this district by a criminal +prosecution. It was my opinion and that of able counsel who were +consulted that the cases came within the penalties of the act of the +17th Congress approved March 3d, 1823, providing for punishment of +frauds committed on the Government of the United States. Either from +some defect in the law or in its administration every effort to bring +the accused to trial under its provisions proved ineffectual, and the +Government was driven to the necessity of resorting to the vague and +inadequate provisions of the common law. It is therefore my duty to +call your attention to the laws which have been passed for the +protection of the Treasury. If, indeed, there be no provision by which +those who may be unworthily intrusted with its guardianship can be +punished for the most flagrant violation of duty, extending even to the +most fraudulent appropriation of the public funds to their own use, it +is time to remedy so dangerous an omission; or if the law has been +perverted from its original purposes, and criminals deserving to be +punished under its provisions have been rescued by legal subtleties, it +ought to be made so plain by amendatory provisions as to baffle the +arts of perversion and accomplish the ends of its original enactment. + +In one of the most flagrant causes the court decided that the +prosecution was barred by the statute which limits prosecutions for +fraud to two years. In this case all the evidences of the fraud, and, +indeed, all knowledge that a fraud had been committed, were in +possession of the party accused until after the two years had elapsed. +Surely the statute ought not to run in favor of any man while he +retains all the evidences of his crime in his own possession, and least +of all in favor of a public officer who continues to defraud the +Treasury and conceal the transaction for the brief term of two years. I +would therefore recommend such an alteration of the law as will give +the injured party and the Government two years after the disclosure of +the fraud or after the accused is out of office to commence their +prosecution. + +In connection with this subject I invite the attention of Congress to a +general and minute inquiry into the condition of the Government, with a +view to ascertain what offices can be dispensed with, what expenses +retrenched, and what improvements may be made in the organization of +its various parts to secure the proper responsibility of public agents +and promote efficiency and justice in all its operations. + +The report of the Secretary of War will make you acquainted with the +condition of our Army, fortifications, arsenals, and Indian affairs. +The proper discipline of the Army, the training and equipment of the +militia, the education bestowed at West Point, and the accumulation of +the means of defense applicable to the naval force will tend to prolong +the peace we now enjoy, and which every good citizen, more especially +those who have felt the miseries of even a successful warfare, must +ardently desire to perpetuate. + +The returns from the subordinate branches of this service exhibit a +regularity and order highly creditable to its character. Both officers +and soldiers seem imbued with a proper sense of duty, and conform to +the restraints of exact discipline with that cheerfulness which becomes +the profession of arms. There is need, however, of further legislation +to obviate the inconveniences specified in the report under +consideration, to some of which it is proper that I should call your +particular attention. + +The act of Congress of March 2d, 1821, to reduce and fix the military +establishment, remaining unexecuted as it regards the command of one of +the regiments of artillery, can not now be deemed a guide to the +Executive in making the proper appointment. An explanatory act, +designating the class of officers out of which the grade is to be +filled--whether from the military list as existing prior to the act of +1821 or from it as it has been fixed by that act--would remove this +difficulty. It is also important that the laws regulating the pay and +emoluments of officers generally should be more specific than they now +are. Those, for example, in relation to the Pay Master and Surgeon +General assign to them an annual salary of $2.500, but are silent as to +allowances which in certain exigencies of the service may be deemed +indispensable to the discharge of their duties. This circumstance has +been the authority for extending to them various allowances at +different times under former Administrations, but no uniform rule has +been observed on the subject. Similar inconveniences exist in other +cases, in which the construction put upon the laws by the public +accountants may operate unequally, produce confusion, and expose +officers to the odium of claiming what is not their due. + +I recommend to your fostering care, as one of our safest means of +national defense, the Military Academy. This institution has already +exercised the happiest influence upon the moral and intellectual +character of our Army; and such of the graduates as from various causes +may not pursue the profession of arms will be scarcely less useful as +citizens. Their knowledge of the military art will be advantageously +employed in the militia service, and in a measure secure to that class +of troops the advantages which in this respect belong to standing +armies. + +I would also suggest a review of the pension law, for the purpose of +extending its benefits to every Revolutionary soldier who aided in +establishing our liberties, and who is unable to maintain himself in +comfort. These relics of the War of Independence have strong claims +upon their country's gratitude and bounty. The law is defective in not +embracing within its provisions all those who were during the last war +disabled from supporting themselves by manual labor. Such an amendment +would add but little to the amount of pensions, and is called for by +the sympathies of the people as well as by considerations of sound +policy. + +It will be perceived that a large addition to the list of pensioners +has been occasioned by an order of the late Administration, departing +materially from the rules which had previously prevailed. Considering +it an act of legislation, I suspended its operation as soon as I was +informed that it had commenced. Before this period, however, +applications under the new regulation had been preferred to the number +of 154, of which, on March 27, the date of its revocation, 87 were +admitted. For the amount there was neither estimate nor appropriation; +and besides this deficiency, the regular allowances, according to the +rules which have heretofore governed the Department, exceed the +estimate of its late Secretary by about $50,000, for which an +appropriation is asked. + +Your particular attention is requested to that part of the report of +the Secretary of War which relates to the money held in trust for the +Seneca tribe of Indians. It will be perceived that without legislative +aid the Executive can not obviate the embarrassments occasioned by the +diminution of the dividends on that fund, which originally amounted to +$100,000, and has recently been invested in United States 3% stock. + +The condition and ulterior destiny of the Indian tribes within the +limits of some of our States have become objects of much interest and +importance. It has long been the policy of Government to introduce +among them the arts of civilization, in the hope of gradually +reclaiming them from a wandering life. This policy has, however, been +coupled with another wholly incompatible with its success. Professing a +desire to civilize and settle them, we have at the same time lost no +opportunity to purchase their lands and thrust them farther into the +wilderness. By this means they have not only been kept in a wandering +state, but been led to look upon us as unjust and indifferent to their +fate. Thus, though lavish in its expenditures upon the subject, +Government has constantly defeated its own policy, and the Indians in +general, receding farther and farther to the west, have retained their +savage habits. A portion, however, of the Southern tribes, having +mingled much with the whites and made some progress in the arts of +civilized life, have lately attempted to erect an independent +government within the limits of Georgia and Alabama. These States, +claiming to be the only sovereigns within their territories, extended +their laws over the Indians, which induced the latter to call upon the +United States for protection. + +Under these circumstances the question presented was whether the +General Government had a right to sustain those people in their +pretensions. The Constitution declares that "no new State shall be +formed or erected within the jurisdiction of any other State" without +the consent of its legislature. If the General Government is not +permitted to tolerate the erection of a confederate State within the +territory of one of the members of this Union against her consent, much +less could it allow a foreign and independent government to establish +itself there. + +Georgia became a member of the Confederacy which eventuated in our +Federal Union as a sovereign State, always asserting her claim to +certain limits, which, having been originally defined in her colonial +charter and subsequently recognized in the treaty of peace, she has +ever since continued to enjoy, except as they have been circumscribed +by her own voluntary transfer of a portion of her territory to the +United States in the articles of cession of 1802. Alabama was admitted +into the Union on the same footing with the original States, with +boundaries which were prescribed by Congress. + +There is no constitutional, conventional, or legal provision which +allows them less power over the Indians within their borders than is +possessed by Maine or New York. Would the people of Maine permit the +Penobscot tribe to erect an independent government within their State? +And unless they did would it not be the duty of the General Government +to support them in resisting such a measure? Would the people of New +York permit each remnant of the six Nations within her borders to +declare itself an independent people under the protection of the United +States? Could the Indians establish a separate republic on each of +their reservations in Ohio? And if they were so disposed would it be +the duty of this Government to protect them in the attempt? If the +principle involved in the obvious answer to these questions be +abandoned, it will follow that the objects of this Government are +reversed, and that it has become a part of its duty to aid in +destroying the States which it was established to protect. + +Actuated by this view of the subject, I informed the Indians inhabiting +parts of Georgia and Alabama that their attempt to establish an +independent government would not be countenanced by the Executive of +the United States, and advised them to emigrate beyond the Mississippi +or submit to the laws of those States. + +Our conduct toward these people is deeply interesting to our national +character. Their present condition, contrasted with what they once +were, makes a most powerful appeal to our sympathies. Our ancestors +found them the uncontrolled possessors of these vast regions. By +persuasion and force they have been made to retire from river to river +and from mountain to mountain, until some of the tribes have become +extinct and others have left but remnants to preserve for a while their +once terrible names. Surrounded by the whites with their arts of +civilization, which by destroying the resources of the savage doom him +to weakness and decay, the fate of the Mohegan, the Narragansett, and +the Delaware is fast over-taking the Choctaw, the Cherokee, and the +Creek. That this fate surely awaits them if they remain within the +limits of the States does not admit of a doubt. Humanity and national +honor demand that every effort should be made to avert so great a +calamity. It is too late to inquire whether it was just in the United +States to include them and their territory within the bounds of new +States, whose limits they could control. That step can not be retraced. +A State can not be dismembered by Congress or restricted in the +exercise of her constitutional power. But the people of those States +and of every State, actuated by feelings of justice and a regard for +our national honor, submit to you the interesting question whether +something can not be done, consistently with the rights of the States, +to preserve this much-injured race. As a means of effecting this end I +suggest for your consideration the propriety of setting apart an ample +district west of the Mississippi, and without the limits of any State +or Territory now formed, to be guaranteed to the Indian tribes as long +as they shall occupy it, each tribe having a distinct control over the +portion designated for its use. There they may be secured in the +enjoyment of governments of their own choice, subject to no other +control from the United States than such as may be necessary to +preserve peace on the frontier and between the several tribes. There +the benevolent may endeavor to teach them the arts of civilization, +and, by promoting union and harmony among them, to raise up an +interesting commonwealth, destined to perpetuate the race and to attest +the humanity and justice of this Government. + +This emigration should be voluntary, for it would be as cruel as unjust +to compel the aborigines to abandon the graves of their fathers and +seek a home in a distant land. But they should be distinctly informed +that if they remain within the limits of the States they must be +subject to their laws. In return for their obedience as individuals +they will without doubt be protected in the enjoyment of those +possessions which they have improved by their industry. But it seems to +me visionary to suppose that in this state of things claims can be +allowed on tracts of country on which they have neither dwelt nor made +improvements, merely because they have seen them from the mountain or +passed them in the chase. Submitting to the laws of the States, and +receiving, like other citizens, protection in their persons and +property, they will ere long become merged in the mass of our +population. + +The accompanying report of the Secretary of the Navy will make you +acquainted with the condition and useful employment of that branch of +our service during the present year. Constituting as it does the best +standing security of this country against foreign aggression, it claims +the especial attention of Government. In this spirit the measures which +since the termination of the last war have been in operation for its +gradual enlargement were adopted, and it should continue to be +cherished as the off-spring of our national experience. It will be +seen, however, that not withstanding the great solicitude which has +been manifested for the perfect organization of this arm and the +liberality of the appropriations which that solicitude has suggested, +this object has in many important respects not been secured. + +In time of peace we have need of no more ships of war than are +requisite to the protection of our commerce. Those not wanted for this +object must lay in the harbors, where without proper covering they +rapidly decay, and even under the best precautions for their +preservation must soon become useless. Such is already the case with +many of our finest vessels, which, though unfinished, will now require +immense sums of money to be restored to the condition in which they +were when committed to their proper element. + +On this subject there can be but little doubt that our best policy +would be to discontinue the building of ships of the first and second +class, and look rather to the possession of ample materials, prepared +for the emergencies of war, than to the number of vessels which we can +float in a season of peace, as the index of our naval power. Judicious +deposits in navy yards of timber and other materials, fashioned under +the hands of skillful work-men and fitted for prompt application to +their various purposes, would enable us at all times to construct +vessels as fast as they can be manned, and save the heavy expense of +repairs, except to such vessels as must be employed in guarding our +commerce. + +The proper points for the establishment of these yards are indicated +with so much force in the report of the Navy Board that in recommending +it to your attention I deem it unnecessary to do more than express my +hearty concurrence in their views. The yard in this District, being +already furnished with most of the machinery necessary for ship +building, will be competent to the supply of the two selected by the +Board as the best for the concentration of materials, and, from the +facility and certainty of communication between them, it will be +useless to incur at those depots the expense of similar machinery, +especially that used in preparing the usual metallic and wooden +furniture of vessels. + +Another improvement would be effected by dispensing altogether with the +Navy Board as now constituted, and substituting in its stead bureaux +similar to those already existing in the War Department. Each member of +the Board, transferred to the head of a separate bureau charged with +specific duties, would feel in its highest degree that wholesome +responsibility which can not be divided without a far more than +proportionate diminution of its force. Their valuable services would +become still more so when separately appropriated to distinct portions +of the great interests of the Navy, to the prosperity of which each +would be impelled to devote himself by the strongest motives. Under +such an arrangement every branch of this important service would assume +a more simple and precise character, its efficiency would be increased, +and scrupulous economy in the expenditure of public money promoted. + +I would also recommend that the Marine Corps be merged in the artillery +or infantry, as the best mode of curing the many defects in its +organization. But little exceeding in number any of the regiments of +infantry, that corps has, besides its lieutenant-colonel commandant, +five brevet lieutenant-colonels, who receive the full pay and +emoluments of their brevet rank, without rendering proportionate +service. Details for marine service could as well be made from the +artillery or infantry, there being no peculiar training requisite for +it. + +With these improvements, and such others as zealous watchfulness and +mature consideration may suggest, there can be little doubt that under +an energetic administration of its affairs the Navy may soon be made +every thing that the nation wishes it to be. Its efficiency in the +suppression of piracy in the West India seas, and wherever its +squadrons have been employed in securing the interests of the country, +will appear from the report of the Secretary, to which I refer you for +other interesting details. Among these I would bespeak the attention of +Congress for the views presented in relation to the inequality between +the Army and Navy as to the pay of officers. No such inequality should +prevail between these brave defenders of their country, and where it +does exist it is submitted to Congress whether it ought not to be +rectified. + +The report of the Post Master General is referred to as exhibiting a +highly satisfactory administration of that Department. Abuses have been +reformed, increased expedition in the transportation of the mail +secured, and its revenue much improved. In a political point of view +this Department is chiefly important as affording the means of +diffusing knowledge. It is to the body politic what the veins and +arteries are to the natural--conveying rapidly and regularly to the +remotest parts of the system correct information of the operations of +the Government, and bringing back to it the wishes and feelings of the +people. Through its agency we have secured to ourselves the full +enjoyment of the blessings of a free press. + +In this general survey of our affairs a subject of high importance +presents itself in the present organization of the judiciary. An +uniform operation of the Federal Government in the different States is +certainly desirable, and existing as they do in the Union on the basis +of perfect equality, each State has a right to expect that the benefits +conferred on the citizens of others should be extended to hers. The +judicial system of the United States exists in all its efficiency in +only fifteen members of the Union; to three others the circuit courts, +which constitute an important part of that system, have been +imperfectly extended, and to the remaining six altogether denied. The +effect has been to withhold from the inhabitants of the latter the +advantages afforded (by the Supreme Court) to their fellow citizens in +other States in the whole extent of the criminal and much of the civil +authority of the Federal judiciary. That this state of things ought to +be remedied, if it can be done consistently with the public welfare, is +not to be doubted. Neither is it to be disguised that the organization +of our judicial system is at once a difficult and delicate task. To +extend the circuit courts equally throughout the different parts of the +Union, and at the same time to avoid such a multiplication of members +as would encumber the supreme appellate tribunal, is the object +desired. Perhaps it might be accomplished by dividing the circuit +judges into two classes, and providing that the Supreme Court should be +held by these classes alternately, the Chief Justice always presiding. + +If an extension of the circuit court system to those States which do +not now enjoy its benefits should be determined upon, it would of +course be necessary to revise the present arrangement of the circuits; +and even if that system should not be enlarged, such a revision is +recommended. + +A provision for taking the census of the people of the United States +will, to insure the completion of that work within a convenient time, +claim the early attention of Congress. + +The great and constant increase of business in the Department of State +forced itself at an early period upon the attention of the Executive. +Thirteen years ago it was, in Mr. Madison's last message to Congress, +made the subject of an earnest recommendation, which has been repeated +by both of his successors; and my comparatively limited experience has +satisfied me of its justness. It has arisen from many causes, not the +least of which is the large addition that has been made to the family +of independent nations and the proportionate extension of our foreign +relations. The remedy proposed was the establishment of a home +department--a measure which does not appear to have met the views of +Congress on account of its supposed tendency to increase, gradually and +imperceptibly, the already too strong bias of the federal system toward +the exercise of authority not delegated to it. I am not, therefore, +disposed to revive the recommendation, but am not the less impressed +with the importance of so organizing that Department that its Secretary +may devote more of his time to our foreign relations. Clearly satisfied +that the public good would be promoted by some suitable provision on +the subject, I respectfully invite your attention to it. + +The charter of the Bank of the United States expires in 1836, and its +stock holders will most probably apply for a renewal of their +privileges. In order to avoid the evils resulting from precipitancy in +a measure involving such important principles and such deep pecuniary +interests, I feel that I can not, in justice to the parties interested, +too soon present it to the deliberate consideration of the Legislature +and the people. Both the constitutionality and the expediency of the +law creating this bank are well questioned by a large portion of our +fellow citizens, and it must be admitted by all that it has failed in +the great end of establishing an uniform and sound currency. + +Under these circumstances, if such an institution is deemed essential +to the fiscal operations of the Government, I submit to the wisdom of +the Legislature whether a national one, founded upon the credit of the +Government and its revenues, might not be devised which would avoid all +constitutional difficulties and at the same time secure all the +advantages to the Government and country that were expected to result +from the present bank. + +I can not close this communication without bringing to your view the +just claim of the representatives of Commodore Decatur, his officers +and crew, arising from the recapture of the frigate Philadelphia under +the heavy batteries of Tripoli. Although sensible, as a general rule, +of the impropriety of Executive interference under a Government like +ours, where every individual enjoys the right of directly petitioning +Congress, yet, viewing this case as one of very peculiar character, I +deem it my duty to recommend it to your favorable consideration. +Besides the justice of this claim, as corresponding to those which have +been since recognized and satisfied, it is the fruit of a deed of +patriotic and chivalrous daring which infused life and confidence into +our infant Navy and contributed as much as any exploit in its history +to elevate our national character. Public gratitude, therefore, stamps +her seal upon it, and the meed should not be withheld which may here +after operate as a stimulus to our gallant tars. + +I now commend you, fellow citizens, to the guidance of Almighty God, +with a full reliance on His merciful providence for the maintenance of +our free institutions, and with an earnest supplication that what ever +errors it may be my lot to commit in discharging the arduous duties +which have devolved on me will find a remedy in the harmony and wisdom +of your counsels. + +*** + +State of the Union Address +Andrew Jackson +December 6, 1830 + +Fellow Citizens of the Senate and of the House of Representatives: + +The pleasure I have in congratulating you upon your return to your +constitutional duties is much heightened by the satisfaction which the +condition of our beloved country at this period justly inspires. The +beneficent Author of All Good has granted to us during the present year +health, peace, and plenty, and numerous causes for joy in the wonderful +success which attends the progress of our free institutions. + +With a population unparalleled in its increase, and possessing a +character which combines the hardihood of enterprise with the +considerateness of wisdom, we see in every section of our happy country +a steady improvement in the means of social intercourse, and +correspondent effects upon the genius and laws of our extended +Republic. + +The apparent exceptions to the harmony of the prospect are to be +referred rather to inevitable diversities in the various interests +which enter into the composition of so extensive a whole than any want +of attachment to the Union--interests whose collisions serve only in +the end to foster the spirit of conciliation and patriotism so +essential to the preservation of that Union which I most devoutly hope +is destined to prove imperishable. + +In the midst of these blessings we have recently witnessed changes in +the conditions of other nations which may in their consequences call +for the utmost vigilance, wisdom, and unanimity in our councils, and +the exercise of all the moderation and patriotism of our people. + +The important modifications of their Government, effected with so much +courage and wisdom by the people of France, afford a happy presage of +their future course, and have naturally elicited from the kindred +feelings of this nation that spontaneous and universal burst of +applause in which you have participated. In congratulating you, my +fellow citizens, upon an event so auspicious to the dearest interests +of man-kind I do no more than respond to the voice of my country, +without transcending in the slightest degree that salutary maxim of the +illustrious Washington which enjoins an abstinence from all +interference with the internal affairs of other nations. From a people +exercising in the most unlimited degree the right of self-government, +and enjoying, as derived from this proud characteristic, under the +favor of Heaven, much of the happiness with which they are blessed; a +people who can point in triumph to their free institutions and +challenge comparison with the fruits they bear, as well as with the +moderation, intelligence, and energy with which they are administered-- +from such a people the deepest sympathy was to be expected in a +struggle for the sacred principles of liberty, conducted in a spirit +every way worthy of the cause, and crowned by a heroic moderation which +has disarmed revolution of its terrors. Not withstanding the strong +assurances which the man whom we so sincerely love and justly admire +has given to the world of the high character of the present King of the +French, and which if sustained to the end will secure to him the proud +appellation of Patriot King, it is not in his success, but in that of +the great principle which has borne him to the throne--the paramount +authority of the public will--that the American people rejoice. + +I am happy to inform you that the anticipations which were indulged at +the date of my last communication on the subject of our foreign affairs +have been fully realized in several important particulars. + +An arrangement has been effected with Great Britain in relation to the +trade between the United States and her West India and North American +colonies which has settled a question that has for years afforded +matter for contention and almost uninterrupted discussion, and has been +the subject of no less than six negotiations, in a manner which +promises results highly favorable to the parties. + +The abstract right of Great Britain to monopolize the trade with her +colonies or to exclude us from a participation therein has never been +denied by the United States. But we have contended, and with reason, +that if at any time Great Britain may desire the productions of this +country as necessary to her colonies they must be received upon +principles of just reciprocity, and, further, that it is making an +invidious and unfriendly distinction to open her colonial ports to the +vessels of other nations and close them against those of the United +States. + +Antecedently to 1794 a portion of our productions was admitted into the +colonial islands of Great Britain by particular concessions, limited to +the term of one year, but renewed from year to year. In the +transportation of these productions, however, our vessels were not +allowed to engage, this being a privilege reserved to British shipping, +by which alone our produce could be taken to the islands and theirs +brought to us in return. From Newfoundland and her continental +possessions all our productions, as well as our vessels, were excluded, +with occasional relaxations, by which, in seasons of distress, the +former were admitted in British bottoms. + +By the treaty of 1794 she offered to concede to us for a limited time +the right of carrying to her West India possessions in our vessels not +exceeding 70 tons burthen, and upon the same terms as British vessels, +any productions of the United States which British vessels might import +therefrom. But this privilege was coupled with conditions which are +supposed to have led to its rejection by the Senate; that is, that +American vessels should land their return cargoes in the United States +only, and, moreover, that they should during the continuance of the +privilege be precluded from carrying molasses, sugar, coffee, cocoa, or +cotton either from those islands or from the United States to any other +part of the world. Great Britain readily consented to expunge this +article from the treaty, and subsequent attempts to arrange the terms +of the trade either by treaty stipulations or concerted legislation +have failed, it has been successively suspended and allowed according +to the varying legislation of the parties. + +The following are the prominent points which have in later years +separated the two Governments: Besides a restriction whereby all +importations into her colonies in American vessels are confined to our +own products carried hence, a restriction to which it does not appear +that we have ever objected, a leading object on the part of Great +Britain has been to prevent us from becoming the carriers of British +West India commodities to any other country than our own. On the part +of the United States it has been contended, first, that the subject +should be regulated by treaty stipulation in preference to separate +legislation; second, that our productions, when imported into the +colonies in question, should not be subject to higher duties than the +productions of the mother country or of her other colonial possessions, +and, 3rd, that our vessels should be allowed to participate in the +circuitous trade between the United States and different parts of the +British dominions. + +The first point, after having been for a long time strenuously insisted +upon by Great Britain, was given up by the act of Parliament of July, +1825, all vessels suffered to trade with the colonies being permitted +to clear from thence with any articles which British vessels might +export and proceed to any part of the world, Great Britain and her +dependencies alone excepted. On our part each of the above points had +in succession been explicitly abandoned in negotiations preceding that +of which the result is now announced. + +This arrangement secures to the United States every advantage asked by +them, and which the state of the negotiation allowed us to insist upon. +The trade will be placed upon a footing decidedly more favorable to +this country than any on which it ever stood, and our commerce and +navigation will enjoy in the colonial ports of Great Britain every +privilege allowed to other nations. + +That the prosperity of the country so far as it depends on this trade +will be greatly promoted by the new arrangement there can be no doubt. +Independently of the more obvious advantages of an open and direct +intercourse, its establishment will be attended with other consequences +of a higher value. That which has been carried on since the mutual +interdict under all the expense and inconvenience unavoidably incident +to it would have been insupportably onerous had it not been in a great +degree lightened by concerted evasions in the mode of making the +transshipments at what are called the neutral ports. These indirections +are inconsistent with the dignity of nations that have so many motives +not only to cherish feelings of mutual friendship, but to maintain such +relations as will stimulate their respective citizens and subjects to +efforts of direct, open, and honorable competition only, and preserve +them from the influence of seductive and vitiating circumstances. + +When your preliminary interposition was asked at the close of the last +session, a copy of the instructions under which Mr. McLane has acted, +together with the communications which had at that time passed between +him and the British Government, was laid before you. Although there has +not been any thing in the acts of the two Governments which requires +secrecy, it was thought most proper in the then state of the +negotiation to make that communication a confidential one. So soon, +however, as the evidence of execution on the part of Great Britain is +received the whole matter shall be laid before you, when it will be +seen that the apprehension which appears to have suggested one of the +provisions of the act passed at your last session, that the restoration +of the trade in question might be connected with other subjects and was +sought to be obtained at the sacrifice of the public interest in other +particulars, was wholly unfounded, and that the change which has taken +place in the views of the British Government has been induced by +considerations as honorable to both parties as I trust the result will +prove beneficial. + +This desirable result was, it will be seen, greatly promoted by the +liberal and confiding provisions of the act of Congress of the last +session, by which our ports were upon the reception and annunciation by +the President of the required assurance on the part of Great Britain +forthwith opened to her vessels before the arrangement could be carried +into effect on her part, pursuing in this act of prospective +legislation a similar course to that adopted by Great Britain in +abolishing, by her act of Parliament in 1825, a restriction then +existing and permitting our vessels to clear from the colonies on their +return voyages for any foreign country whatever before British vessels +had been relieved from the restriction imposed by our law of returning +directly from the United States to the colonies, a restriction which +she required and expected that we should abolish. Upon each occasion a +limited and temporary advantage has been given to the opposite party, +but an advantage of no importance in comparison with the restoration of +mutual confidence and good feeling, and the ultimate establishment of +the trade upon fair principles. + +It gives me unfeigned pleasure to assure you that this negotiation has +been throughout characterized by the most frank and friendly spirit on +the part of Great Britain, and concluded in a manner strongly +indicative of a sincere desire to cultivate the best relations with the +United States. To reciprocate this disposition to the fullest extent of +my ability is a duty which I shall deem it a privilege to discharge. + +Although the result is itself the best commentary on the services +rendered to his country by our minister at the Court of St. James, it +would be doing violence to my feelings were I to dismiss the subject +without expressing the very high sense I entertain of the talent and +exertion which have been displayed by him on the occasion. + +The injury to the commerce of the United States resulting from the +exclusion of our vessels from the Black Sea and the previous footing of +mere sufferance upon which even the limited trade enjoyed by us with +Turkey has hitherto been placed have for a long time been a source of +much solicitude to this Government, and several endeavors have been +made to obtain a better state of things. Sensible of the importance of +the object, I felt it my duty to leave no proper means unemployed to +acquire for our flag the same privileges that are enjoyed by the +principal powers of Europe. Commissioners were consequently appointed +to open a negotiation with the Sublime Porte. Not long after the member +of the commission who went directly from the United States had sailed, +the account of the treaty of Adrianople, by which one of the objects in +view was supposed to be secured, reached this country. The Black Sea +was understood to be opened to us. Under the supposition that this was +the case, the additional facilities to be derived from the +establishment of commercial regulations with the Porte were deemed of +sufficient importance to require a prosecution of the negotiation as +originally contemplated. It was therefore persevered in, and resulted +in a treaty, which will be forthwith laid before the Senate. + +By its provisions a free passage is secured, without limitations of +time, to the vessels of the United States to and from the Black Sea, +including the navigation thereof, and our trade with Turkey is placed +on the footing of the most favored nation. The latter is an arrangement +wholly independent of the treaty of Adrianople, and the former derives +much value, not only from the increased security which under any +circumstances it would give to the right in question, but from the +fact, ascertained in the course of the negotiation, that by the +construction put upon that treaty by Turkey the article relating to the +passage of the Bosphorus is confined to nations having treaties with +the Porte. The most friendly feelings appear to be entertained by the +Sultan, and an enlightened disposition is evinced by him to foster the +intercourse between the two countries by the most liberal arrangements. +This disposition it will be our duty and interest to cherish. + +Our relations with Russia are of the most stable character. Respect for +that Empire and confidence in its friendship toward the United States +have been so long entertained on our part and so carefully cherished by +the present Emperor and his illustrious predecessor as to have become +incorporated with the public sentiment of the United States. No means +will be left unemployed on my part to promote these salutary feelings +and those improvements of which the commercial intercourse between the +two countries is susceptible, and which have derived increased +importance from our treaty with the Sublime Porte. + +I sincerely regret to inform you that our minister lately commissioned +to that Court, on whose distinguished talents and great experience in +public affairs I place great reliance, has been compelled by extreme +indisposition to exercise a privilege which, in consideration of the +extent to which his constitution had been impaired in the public +service, was committed to his discretion--of leaving temporarily his +post for the advantage of a more genial climate. + +If, as it is to be hoped, the improvement of his health should be such +as to justify him in doing so, he will repair to St. Petersburg and +resume the discharge of his official duties. I have received the most +satisfactory assurances that in the mean time the public interest in +that quarter will be preserved from prejudice by the intercourse which +he will continue through the secretary of legation with the Russian +cabinet. + +You are apprised, although the fact has not yet been officially +announced to the House of Representatives, that a treaty was in the +month of March last concluded between the United States, and Denmark, +by which $650 thousand are secured to our citizens as an indemnity for +spoliations upon their commerce in the years 1808, 1809, 1810, and +1811. This treaty was sanctioned by the Senate at the close of its last +session, and it now becomes the duty of Congress to pass the necessary +laws for the organization of the board of commissioners to distribute +the indemnity among the claimants. It is an agreeable circumstance in +this adjustment that the terms are in conformity with the previously +ascertained views of the claimants themselves, thus removing all +pretense for a future agitation of the subject in any form. + +The negotiations in regard to such points in our foreign relations as +remain to be adjusted have been actively prosecuted during the recess. +Material advances have been made, which are of a character to promise +favorable results. Our country, by the blessing of God, is not in a +situation to invite aggression, and it will be our fault if she ever +becomes so. Sincerely desirous to cultivate the most liberal and +friendly relations with all; ever ready to fulfill our engagements with +scrupulous fidelity; limiting our demands upon others to mere justice; +holding ourselves ever ready to do unto them as we would wish to be +done by, and avoiding even the appearance of undue partiality to any +nation, it appears to me impossible that a simple and sincere +application of our principles to our foreign relations can fail to +place them ultimately upon the footing on which it is our wish they +should rest. + +Of the points referred to, the most prominent are our claims upon +France for spoliations upon our commerce; similar claims upon Spain, +together with embarrassments in the commercial intercourse between the +two countries which ought to be removed; the conclusion of the treaty +of commerce and navigation with Mexico, which has been so long in +suspense, as well as the final settlement of limits between ourselves +and that Republic, and, finally, the arbitrament of the question +between the United States and Great Britain in regard to the +north-eastern boundary. + +The negotiation with France has been conducted by our minister with +zeal and ability, and in all respects to my entire satisfaction. +Although the prospect of a favorable termination was occasionally +dimmed by counter pretensions to which the United States could not +assent, he yet had strong hopes of being able to arrive at a +satisfactory settlement with the late Government. The negotiation has +been renewed with the present authorities, and, sensible of the general +and lively confidence of our citizens in the justice and magnanimity of +regenerated France, I regret the more not to have it in my power yet to +announce the result so confidently anticipated. No ground, however, +inconsistent with this expectation has yet been taken, and I do not +allow myself to doubt that justice will soon be done us. The amount of +the claims, the length of time they have remained unsatisfied, and +their incontrovertible justice make an earnest prosecution of them by +this Government an urgent duty. The illegality of the seizures and +confiscations out of which they have arisen is not disputed, and what +ever distinctions may have heretofore been set up in regard to the +liability of the existing Government it is quite clear that such +considerations can not now be interposed. + +The commercial intercourse between the two countries is susceptible of +highly advantageous improvements, but the sense of this injury has had, +and must continue to have, a very unfavorable influence upon them. From +its satisfactory adjustment not only a firm and cordial friendship, but +a progressive development of all their relations, may be expected. It +is, therefore, my earnest hope that this old and vexatious subject of +difference may be speedily removed. + +I feel that my confidence in our appeal to the motives which should +govern a just and magnanimous nation is alike warranted by the +character of the French people and by the high voucher we possess for +the enlarged views and pure integrity of the Monarch who now presides +over their councils, and nothing shall be wanting on my part to meet +any manifestation of the spirit we anticipate in one of corresponding +frankness and liberality. + +The subjects of difference with Spain have been brought to the view of +that Government by our minister there with much force and propriety, +and the strongest assurances have been received of their early and +favorable consideration. + +The steps which remained to place the matter in controversy between +Great Britain and the United States fairly before the arbitrator have +all been taken in the same liberal and friendly spirit which +characterized those before announced. Recent events have doubtless +served to delay the decision, but our minister at the Court of the +distinguished arbitrator has been assured that it will be made within +the time contemplated by the treaty. + +I am particularly gratified in being able to state that a decidedly +favorable, and, as I hope, lasting, change has been effected in our +relations with the neighboring Republic of Mexico. The unfortunate and +unfounded suspicions in regard to our disposition which it became my +painful duty to advert to on a former occasion have been, I believe, +entirely removed, and the Government of Mexico has been made to +understand the real character of the wishes and views of this in regard +to that country. The consequences is the establishment of friendship +and mutual confidence. Such are the assurances I have received, and I +see no cause to doubt their sincerity. + +I had reason to expect the conclusion of a commercial treaty with +Mexico in season for communication on the present occasion. +Circumstances which are not explained, but which I am persuaded are not +the result of an indisposition on her part to enter into it, have +produced the delay. + +There was reason to fear in the course of the last summer that the +harmony of our relations might be disturbed by the acts of certain +claimants, under Mexican grants, of territory which had hitherto been +under our jurisdiction. The cooperation of the representative of Mexico +near this Government was asked on the occasion and was readily +afforded. Instructions and advice have been given to the governor of +Arkansas and the officers in command in the adjoining Mexican State by +which it is hoped the quiet of that frontier will be preserved until a +final settlement of the dividing line shall have removed all ground of +controversy. + +The exchange of ratifications of the treaty concluded last year with +Austria has not yet taken place. The delay has been occasioned by the +non-arrival of the ratification of that Government within the time +prescribed by the treaty. Renewed authority has been asked for by the +representative of Austria, and in the mean time the rapidly increasing +trade and navigation between the two countries have been placed upon +the most liberal footing of our navigation acts. + +Several alleged depredations have been recently committed on our +commerce by the national vessels of Portugal. They have been made the +subject of immediate remonstrance and reclamation. I am not yet +possessed of sufficient information to express a definitive opinion of +their character, but expect soon to receive it. No proper means shall +be omitted to obtain for our citizens all the redress to which they may +appear to be entitled. + +Almost at the moment of the adjournment of your last session two +bills--the one entitled "An act for making appropriations for building +light houses, light boats, beacons, and monuments, placing buoys, and +for improving harbors and directing surveys", and the other "An act to +authorize a subscription for stock in the Louisville and Portland Canal +Company"--were submitted for my approval. It was not possible within +the time allowed for me before the close of the session to give to +these bills the consideration which was due to their character and +importance, and I was compelled to retain them for that purpose. I now +avail myself of this early opportunity to return them to the Houses in +which they respectively originated with the reasons which, after mature +deliberation, compel me to withhold my approval. + +The practice of defraying out of the Treasury of the United States the +expenses incurred by the establishment and support of light houses, +beacons, buoys, and public piers within the bays, inlets, harbors, and +ports of the United States, to render the navigation thereof safe and +easy, is coeval with the adoption of the Constitution, and has been +continued without interruption or dispute. + +As our foreign commerce increased and was extended into the interior of +the country by the establishment of ports of entry and delivery upon +our navigable rivers the sphere of those expenditures received a +corresponding enlargement. Light houses, beacons, buoys, public piers, +and the removal of sand bars, sawyers, and other partial or temporary +impediments in the navigable rivers and harbors which were embraced in +the revenue districts from time to time established by law were +authorized upon the same principle and the expense defrayed in the same +manner. That these expenses have at times been extravagant and +disproportionate is very probable. The circumstances under which they +are incurred are well calculated to lead to such a result unless their +application is subjected to the closest scrutiny. The local advantages +arising from the disbursement of public money too frequently, it is to +be feared, invite appropriations for objects of this character that are +neither necessary nor useful. + +The number of light house keepers is already very large, and the bill +before me proposes to add to it 51 more of various descriptions. From +representations upon the subject which are understood to be entitled to +respect I am induced to believe that there has not only been great +improvidence in the past expenditures of the Government upon these +objects, but that the security of navigation has in some instances been +diminished by the multiplication of light houses and consequent change +of lights upon the coast. It is in this as in other respects our duty +to avoid all unnecessary expense, as well as every increase of +patronage not called for by the public service. + +But in the discharge of that duty in this particular it must not be +forgotten that in relation to our foreign commerce the burden and +benefit of protecting and accommodating it necessarily go together, and +must do so as long as the public revenue is drawn from the people +through the custom house. It is indisputable that whatever gives +facility and security to navigation cheapens imports and all who +consume them are alike interested in what ever produces this effect. If +they consume, they ought, as they now do, to pay; otherwise they do not +pay. The consumer in the most inland State derives the same advantage +from every necessary and prudent expenditure for the facility and +security of our foreign commerce and navigation that he does who +resides in a maritime State. Local expenditures have not of themselves +a corresponding operation. + +From a bill making direct appropriations for such objects I should +not have withheld my assent. The one now returned does so in several +particulars, but it also contains appropriations for surveys of local +character, which I can not approve. It gives me satisfaction to find +that no serious inconvenience has arisen from withholding my approval +from this bill; nor will it, I trust, be cause of regret that an +opportunity will be thereby afforded for Congress to review its +provisions under circumstances better calculated for full investigation +than those under which it was passed. + +In speaking of direct appropriations I mean not to include a practice +which has obtained to some extent, and to which I have in one instance, +in a different capacity, given my assent--that of subscribing to the +stock of private associations. Positive experience and a more thorough +consideration of the subject have convinced me of the impropriety as +well as inexpediency of such investments. All improvements effected by +the funds of the nation for general use should be open to the enjoyment +of all our fellow citizens, exempt from the payment of tolls or any +imposition of that character. The practice of thus mingling the +concerns of the Government with those of the States or of individuals +is inconsistent with the object of its institution and highly impolite. +The successful operation of the federal system can only be preserved by +confining it to the few and simple, but yet important, objects for +which it was designed. + +A different practice, if allowed to progress, would ultimately change +the character of this Government by consolidating into one the General +and State Governments, which were intended to be kept for ever +distinct. I can not perceive how bills authorizing such subscriptions +can be otherwise regarded than as bills for revenue, and consequently +subject to the rule in that respect prescribed by the Constitution. If +the interest of the Government in private companies is subordinate to +that of individuals, the management and control of a portion of the +public funds is delegated to an authority unknown to the Constitution +and beyond the supervision of our constituents; if superior, its +officers and agents will be constantly exposed to imputations of +favoritism and oppression. Direct prejudice the public interest or an +alienation of the affections and respect of portions of the people may, +therefore, in addition to the general discredit resulting to the +Government from embarking with its constituents in pecuniary +stipulations, be looked for as the probable fruit of such associations. +It is no answer to this objection to say that the extent of +consequences like these can not be great from a limited and small +number of investments, because experience in other matters teaches +us--and we are not at liberty to disregard its admonitions--that unless +an entire stop be put to them it will soon be impossible to prevent +their accumulation until they are spread over the whole country and +made to embrace many of the private and appropriate concerns of +individuals. + +The power which the General Government would acquire within the several +States by becoming the principal stock-holder in corporations, +controlling every canal and each 60 or 100 miles of every important +road, and giving a proportionate vote in all their elections, is almost +inconceivable, and in my view dangerous to the liberties of the people. + +This mode of aiding such works is also in its nature deceptive, and in +many cases conducive to improvidence in the administration of the +national funds. Appropriations will be obtained with much greater +facility and granted with less security to the public interest when the +measure is thus disguised than when definite and direct expenditures of +money are asked for. The interests of the nation would doubtless be +better served by avoiding all such indirect modes of aiding particular +objects. In a government like ours more especially should all public +acts be, as far as practicable, simple, undisguised, and intelligible, +that they may become fit subjects for the approbation to animadversion +of the people. + +The bill authorizing a subscription to the Louisville and Portland +Canal affords a striking illustration of the difficulty of withholding +additional appropriations for the same object when the first erroneous +step has been taken by instituting a partnership between the Government +and private companies. It proposes a third subscription on the part of +the United States, when each preceding one was at the time regarded as +the extent of the aid which Government was to render to that work; and +the accompanying bill for light houses, etc., contains an appropriation +for a survey of the bed of the river, with a view to its improvement by +removing the obstruction which the canal is designed to avoid. This +improvement, if successful, would afford a free passage of the river +and render the canal entirely useless. To such improvidence is the +course of legislation subject in relation to internal improvements on +local matters, even with the best intentions on the part of Congress. + +Although the motives which have influenced me in this matter may be +already sufficiently stated, I am, never the less, induced by its +importance to add a few observations of a general character. + +In my objections to the bills authorizing subscriptions to the +Maysville and Rockville road companies I expressed my views fully in +regard to the power of Congress to construct roads and canals within a +State of to appropriate money for improvements of a local character. I +at the same time intimated me belief that the right to make +appropriations for such as were of a national character had been so +generally acted upon and so long acquiesced in by the Federal and State +Governments and the constituents of each as to justify its exercise on +the ground of continued and uninterrupted usage, but that it was, never +the less, highly expedient that appropriations even of that character +should, with the exception made at the time, be deferred until the +national debt is paid, and that in the mean while some general rule for +the action of the Government in that respect ought to be established. + +These suggestions were not necessary to the decision of the question +then before me, and were, I readily admit, intended to awake the +attention and draw forth the opinion and observations of our +constituents upon a subject of the highest importance to their +interests, and one destined to exert a powerful influence upon the +future operations of our political system. I know of no tribunal to +which a public man in this country, in a case of doubt and difficulty, +can appeal with greater advantage or more propriety than the judgment +of the people; and although I must necessarily in the discharge of my +official duties be governed by the dictates of my own judgment, I have +no desire to conceal my anxious wish to conform as far as I can to the +views of those for whom I act. + +All irregular expressions of public opinion are of necessity attended +with some doubt as to their accuracy, but making full allowances on +that account I can not, I think, deceive myself in believing that the +acts referred to, as well as the suggestions which I allowed myself to +make in relation to their bearing upon the future operations of the +Government, have been approved by the great body of the people. That +those whose immediate pecuniary interests are to be affected by +proposed expenditures should shrink from the application of a rule +which prefers their more general and remote interests to those which +are personal and immediate is to be expected. But even such objections +must from the nature of our population be but temporary in their +duration, and if it were otherwise our course should be the same, for +the time is yet, I hope, far distant when those intrusted with power to +be exercised for the good of the whole will consider it either honest +or wise to purchase local favors at the sacrifice of principle and +general good. + +So understanding public sentiment, and thoroughly satisfied that the +best interests of our common country imperiously require that the +course which I have recommended in this regard should be adopted, I +have, upon the most mature consideration, determined to pursue it. + +It is due to candor, as well as to my own feelings, that I should +express the reluctance and anxiety which I must at all times experience +in exercising the undoubted right of the Executive to withhold his +assent from bills on other grounds than their constitutionality. That +this right should not be exercised on slight occasions all will admit. +It is only in matters of deep interest, when the principle involved may +be justly regarded as next in importance to infractions of the +Constitution itself, that such a step can be expected to meet with the +approbation of the people. Such an occasion do I conscientiously +believe the present to be. + +In the discharge of this delicate and highly responsible duty I am +sustained by the reflection that the exercise of this power has been +deemed consistent with the obligation of official duty by several of my +predecessors, and by the persuasion, too, that what ever liberal +institutions may have to fear from the encroachments of Executive +power, which has been every where the cause of so much strife and +bloody contention, but little danger is to be apprehended from a +precedent by which that authority denies to itself the exercise of +powers that bring in their train influence and patronage of great +extent, and thus excludes the operation of personal interests, every +where the bane of official trust. + +I derive, too, no small degree of satisfaction from the reflection that +if I have mistaken the interests and wishes of the people the +Constitution affords the means of soon redressing the error by +selecting for the place their favor has bestowed upon me a citizen +whose opinions may accord with their own. I trust, in the mean time, +the interests of the nation will be saved from prejudice by a rigid +application of that portion of the public funds which might otherwise +be applied to different objects to that highest of all our obligations, +the payment of the public debt, and an opportunity be afforded for the +adoption of some better rule for the operations of the Government in +this matter than any which has hitherto been acted upon. + +Profoundly impressed with the importance of the subject, not merely as +relates to the general prosperity of the country, but to the safety of +the federal system, I can not avoid repeating my earnest hope that all +good citizens who take a proper interest in the success and harmony of +our admirable political institutions, and who are incapable of desiring +to convert an opposite state of things into means for the gratification +of personal ambition, will, laying aside minor considerations and +discarding local prejudices, unite their honest exertions to establish +some fixed general principle which shall be calculated to effect the +greatest extent of public good in regard to the subject of internal +improvement, and afford the least ground for sectional discontent. + +The general grounds of my objection to local appropriations have been +heretofore expressed, and I shall endeavor to avoid a repetition of +what has been already urged--the importance of sustaining the State +sovereignties as far as is consistent with the rightful action of the +Federal Government, and of preserving the greatest attainable harmony +between them. I will now only add an expression of my conviction--a +conviction which every day's experience serves to confirm--that the +political creed which inculcates the pursuit of those great objects as +a paramount duty is the true faith, and one to which we are mainly +indebted for the present success of the entire system, and to which we +must alone look for its future stability. + +That there are diversities in the interests of the different States +which compose this extensive Confederacy must be admitted. Those +diversities arising from situation, climate, population, and pursuits +are doubtless, as it is natural they should be, greatly exaggerated by +jealousies and that spirit of rivalry so inseparable from neighboring +communities. These circumstances make it the duty of those who are +intrusted with the management of its affairs to neutralize their +effects as far as practicable by making the beneficial operation of the +Federal Government as equal and equitable among the several States as +can be done consistently with the great ends of its institution. + +It is only necessary to refer to undoubted facts to see how far the +past acts of the Government upon the subject under consideration have +fallen short of this object. The expenditures heretofore made for +internal improvements amount to upward of $5 millions, and have been +distributed in very unequal proportions amongst the States. The +estimated expense of works of which surveys have been made, together +with that of others projected and partially surveyed, amounts to more +than $96 millions. + +That such improvements, on account of particular circumstances, may be +more advantageously and beneficially made in some States than in others +is doubtless true, but that they are of a character which should +prevent an equitable distribution of the funds amongst the several +States is not to be conceded. The want of this equitable distribution +can not fail to prove a prolific source of irritation among the States. + +We have it constantly before our eyes that professions of superior zeal +in the cause of internal improvement and a disposition to lavish the +public funds upon objects of this character are daily and earnestly put +forth by aspirants to power as constituting the highest claims to the +confidence of the people. Would it be strange, under such +circumstances, and in times of great excitement, that grants of this +description should find their motives in objects which may not accord +with the public good? Those who have not had occasion to see and regret +the indication of a sinister influence in these matters in past times +have been more fortunate than myself in their observation of the course +of public affairs. If to these evils be added the combinations and +angry contentions to which such a course of things gives rise, with +their baleful influences upon the legislation of Congress touching the +leading and appropriate duties of the Federal Government, it was but +doing justice to the character of our people to expect the severe +condemnation of the past which the recent exhibitions of public +sentiment has evinced. + +Nothing short of a radical change in the action of the Government upon +the subject can, in my opinion, remedy the evil. If, as it would be +natural to expect, the States which have been least favored in past +appropriations should insist on being redressed in those here after to +be made, at the expense of the States which have so largely and +disproportionately participated, we have, as matters now stand, but +little security that the attempt would do more than change the +inequality from one quarter to another. + +Thus viewing the subject, I have heretofore felt it my duty to +recommend the adoption of some plan for the distribution of the surplus +funds, which may at any time remain in the Treasury after the national +debt shall have been paid, among the States, in proportion to the +number of their Representatives, to be applied by them to objects of +internal improvement. + +Although this plan has met with favor in some portions of the Union, it +has also elicited objections which merit deliberate consideration. A +brief notice of these objections here will not, therefore, I trust, be +regarded as out of place. + +They rest, as far as they have come to my knowledge, on the following +grounds: first, an objection to the ration of distribution; second, an +apprehension that the existence of such a regulation would produce +improvident and oppressive taxation to raise the funds for +distribution; 3rd, that the mode proposed would lead to the +construction of works of a local nature, to the exclusion of such as +are general and as would consequently be of a more useful character; +and, last, that it would create a discreditable and injurious +dependence on the part of the State governments upon the Federal power. + +Of those who object to the ration of representatives as the basis of +distribution, some insist that the importations of the respective +States would constitute one that would be more equitable; and others +again, that the extent of their respective territories would furnish a +standard which would be more expedient and sufficiently equitable. The +ration of representation presented itself to my mind, and it still +does, as one of obvious equity, because of its being the ratio of +contribution, whether the funds to be distributed be derived from the +customs or from direct taxation. It does not follow, however, that its +adoption is indispensable to the establishment of the system proposed. +There may be considerations appertaining to the subject which would +render a departure, to some extent, from the rule of contribution +proper. Nor is it absolutely necessary that the basis of distribution +be confined to one ground. It may, if in the judgment of those whose +right it is to fix it it be deemed politic and just to give it that +character, have regard to several. + +In my first message I stated it to be my opinion that "it is not +probably that any adjustment of the tariff upon principles satisfactory +to the people of the Union will until a remote period, if ever, leave +the Government without a considerable surplus in the Treasury beyond +what may be required for its current surplus". I have had no cause to +change that opinion, but much to confirm it. Should these expectations +be realized, a suitable fund would thus be produced for the plan under +consideration to operate upon, and if there be no such fund its +adoption will, in my opinion, work no injury to any interest; for I can +not assent to the justness of the apprehension that the establishment +of the proposed system would tend to the encouragement of improvident +legislation of the character supposed. What ever the proper authority +in the exercise of constitutional power shall at any time here after +decide to be for the general good will in that as in other respects +deserve and receive the acquiescence and support of the whole country, +and we have ample security that every abuse of power in that regard by +agents of the people will receive a speedy and effectual corrective at +their hands. The views which I take of the future, founded on the +obvious and increasing improvement of all classes of our fellow +citizens in intelligence and in public and private virtue, leave me +without much apprehension on that head. + +I do not doubt that those who come after us will be as much alive as we +are to the obligation upon all the trustees of political power to +exempt those for whom they act from all unnecessary burthens, and as +sensible of the great truth that the resources of the nation beyond +those required for immediate and necessary purposes of Government can +no where be so well deposited as in the pockets of the people. + +It may some times happen that the interests of particular States would +not be deemed to coincide with the general interest in relation to +improvements within such States. But if the danger to be apprehended +from this source is sufficient to require it, a discretion might be +reserved to Congress to direct to such improvements of a general +character as the States concerned might not be disposed to unite in, +the application of the quotas of those States, under the restriction of +confining to each State the expenditure of its appropriate quota. It +may, however, be assumed as a safe general rule that such improvements +as serve to increase the prosperity of the respective States in which +they are made, by giving new facilities to trade, and thereby +augmenting the wealth and comfort of their inhabitants, constitute the +surest mode of conferring permanent and substantial advantages upon the +whole. The strength as well as the true glory of the Confederacy is +founded on the prosperity and power of the several independent +sovereignties of which it is composed and the certainty with which they +can be brought into successful active cooperation through the agency of +the Federal Government. + +It is, more over, within the knowledge of such as are at all conversant +with public affairs that schemes of internal improvement have from time +to time been proposed which, from their extent and seeming +magnificence, were readily regarded as of national concernment, but +which upon fuller consideration and further experience would now be +rejected with great unanimity. + +That the plan under consideration would derive important advantages +from its certainty, and that the moneys set apart for these purposes +would be more judiciously applied and economically expended under the +direction of the State legislatures, in which every part of each State +is immediately represented, can not, I think, be doubted. In the new +States particularly, where a comparatively small population is +scattered over an extensive surface, and the representation in Congress +consequently very limited, it is natural to expect that the +appropriations made by the Federal Government would be more likely to +be expended in the vicinity of those numbers through whose immediate +agency they were obtained than if the funds were placed under the +control of the legislature, in which every county of the State has its +own representative. This supposition does not necessarily impugn the +motives of such Congressional representatives, nor is it so intended. +We are all sensible of the bias to which the strongest minds and purest +hearts are, under such circumstances, liable. In respect to the last +objection--its probable effect upon the dignity and independence of +State governments--it appears to me only necessary to state the case as +it is, and as it would be if the measure proposed were adopted, to show +that the operation is most likely to be the very reverse of that which +the objection supposes. + +In the one case the State would receive its quota of the national +revenue for domestic use upon a fixed principle as a matter of right, +and from a fund to the creation of which it had itself contributed its +fair proportion. Surely there could be nothing derogatory in that. As +matters now stand the States themselves, in their sovereign character, +are not unfrequently petitioners at the bar of the Federal Legislature +for such allowances out of the National Treasury as it may comport with +their pleasure or sense of duty to bestow upon them. It can not require +argument to prove which of the two courses is most compatible with the +efficiency or respectability of the State governments. + +But all these are matters for discussion and dispassionate +consideration. That the desired adjustment would be attended with +difficulty affords no reason why it should not be attempted. The +effective operation of such motives would have prevented the adoption +of the Constitution under which we have so long lived and under the +benign influence of which our beloved country has so signally +prospered. The framers of that sacred instrument had greater +difficulties to overcome, and they did overcome them. The patriotism of +the people, directed by a deep conviction of the importance of the +Union, produced mutual concession and reciprocal forbearance. Strict +right was merged in a spirit of compromise, and the result has +consecrated their disinterested devotion to the general weal. Unless +the American people have degenerated, the same result can be again +effected when ever experience points out the necessity of a resort to +the same means to uphold the fabric which their fathers have reared. + +It is beyond the power of man to make a system of government like ours +or any other operate with precise equality upon States situated like +those which compose this Confederacy; nor is inequality always +injustice. Every State can not expect to shape the measures of the +General Government to suit its own particular interests. The causes +which prevent it are seated in the nature of things, and can not be +entirely counteracted by human means. Mutual forbearance becomes, +therefore, a duty obligatory upon all, and we may, I am confident, +count upon a cheerful compliance with this high injunction on the part +of our constituents. It is not to be supposed that they will object to +make such comparatively inconsiderable sacrifices for the preservation +of rights and privileges which other less favored portions of the world +have in vain waded through seas of blood to acquire. + +Our course is a safe one if it be but faithfully adhered to. +Acquiescence in the constitutionally expressed will of the majority, +and the exercise of that will in a spirit of moderation, justice, and +brotherly kindness, will constitute a cement which would for ever +preserve our Union. Those who cherish and inculcate sentiments like +these render a most essential service to their country, while those who +seek to weaken their influence are, how ever conscientious and praise +worthy their intentions, in effect its worst enemies. + +If the intelligence and influence of the country, instead of laboring +to foment sectional prejudices, to be made subservient to party +warfare, were in good faith applied to the eradication of causes of +local discontent, by the improvement of our institutions and by +facilitating their adaptation to the condition of the times, this task +would prove one of less difficulty. May we not hope that the obvious +interests of our common country and the dictates of an enlightened +patriotism will in the end lead the public mind in that direction? + +After all, the nature of the subject does not admit of a plan wholly +free from objection. That which has for some time been in operation is, +perhaps, the worst that could exist, and every advance that can be made +in its improvement is a matter eminently worthy of your most deliberate +attention. + +It is very possible that one better calculated to effect the objects in +view may yet be devised. If so, it is to be hoped that those who +disapprove the past and dissent from what is proposed for the future +will feel it their duty to direct their attention to it, as they must +be sensible that unless some fixed rule for the action of the Federal +Government in this respect is established the course now attempted to +be arrested will be again resorted to. Any mode which is calculated to +give the greatest degree of effect and harmony to our legislation upon +the subject, which shall best serve to keep the movements of the +Federal Government within the sphere intended by those who modeled and +those who adopted it, which shall lead to the extinguishment of the +national debt in the shortest period and impose the lightest burthens +upon our constituents, shall receive from me a cordial and firm +support. + +Among the objects of great national concern I can not omit to press +again upon your attention that part of the Constitution which regulates +the election of President and Vice-President. The necessity for its +amendment is made so clear to my mind by observation of its evils and +by the many able discussions which they have elicited on the floor of +Congress and elsewhere that I should be wanting to my duty were I to +withhold another expression of my deep solicitude on the subject. Our +system fortunately contemplates a recurrence to first principles, +differing in this respect from all that have preceded it, and securing +it, I trust, equally against the decay and the commotions which have +marked the progress of other governments. + +Our fellow citizens, too, who in proportion to their love of liberty +keep a steady eye upon the means of sustaining it, do not require to be +reminded of the duty they owe to themselves to remedy all essential +defects in so vital a part of their system. While they are sensible +that every evil attendant upon its operation is not necessarily +indicative of a bad organization, but may proceed from temporary +causes, yet the habitual presence, or even a single instance, of evils +which can be clearly traced to an organic defect will not, I trust, be +over-looked through a too scrupulous veneration for the work of their +ancestors. + +The Constitution was an experiment committed to the virtue and +intelligence of the great mass of our country-men, in whose ranks the +framers of it themselves were to perform the part of patriotic +observation and scrutiny, and if they have passed from the stage of +existence with an increased confidence in its general adaptation to our +condition we should learn from authority so high the duty of fortifying +the points in it which time proves to be exposed rather than be +deterred from approaching them by the suggestions of fear or the +dictates of misplaced reverence. + +A provision which does not secure to the people a direct choice of +their Chief Magistrate, but has a tendency to defeat their will, +presented to my mind such an inconsistence with the general spirit of +our institutions that I was indeed to suggest for your consideration +the substitute which appeared to me at the same time the most likely to +correct the evil and to meet the views of our constituents. The most +mature reflection since has added strength to the belief that the best +interests of our country require the speedy adoption of some plan +calculated to effect this end. A contingency which some times places it +in the power of a single member of the House of Representatives to +decide an election of so high and solemn a character is unjust to the +people, and becomes when it occurs a source of embarrassment to the +individuals thus brought into power and a cause of distrust of the +representative body. + +Liable as the Confederacy is, from its great extent, to parties founded +upon sectional interests, and to a corresponding multiplication of +candidates for the Presidency, the tendency of the constitutional +reference to the House of Representatives is to devolve the election +upon that body in almost every instance, and, what ever choice may then +be made among the candidates thus presented to them, to swell the +influence of particular interests to a degree inconsistent with the +general good. The consequences of this feature of the Constitution +appear far more threatening to the peace and integrity of the Union +than any which I can conceive as likely to result from the simple +legislative action of the Federal Government. + +It was a leading object with the framers of the Constitution to keep as +separate as possible the action of the legislative and executive +branches of the Government. To secure this object nothing is more +essential than to preserve the former from all temptations of private +interest, and therefore so to direct the patronage of the latter as not +to permit such temptations to be offered. Experience abundantly +demonstrates that every precaution in this respect is a valuable +safe-guard of liberty, and one which my reflections upon the tendencies +of our system incline me to think should be made still stronger. + +It was for this reason that, in connection with an amendment of the +Constitution removing all intermediate agency in the choice of the +President, I recommended some restrictions upon the re-eligibility of +that officer and upon the tenure of offices generally. The reason still +exists, and I renew the recommendation with an increased confidence +that its adoption will strengthen those checks by which the +Constitution designed to secure the independence of each department of +the Government and promote the healthful and equitable administration +of all the trusts which it has created. + +The agent most likely to contravene this design of the Constitution is +the Chief Magistrate. In order, particularly, that his appointment may +as far as possible be placed beyond the reach of any improper +influences; in order that he may approach the solemn responsibilities +of the highest office in the gift of a free people uncommitted to any +other course than the strict line of constitutional duty, and that the +securities for this independence may be rendered as strong as the +nature of power and the weakness of its possessor will admit, I can not +too earnestly invite your attention to the propriety of promoting such +an amendment of the Constitution as will render him ineligible after +one term of service. + +It gives me pleasure to announce to Congress that the benevolent policy +of the Government, steadily pursued for nearly 30 years, in relation to +the removal of the Indians beyond the white settlements is approaching +to a happy consummation. Two important tribes have accepted the +provision made for their removal at the last session of Congress, and +it is believed that their example will induce the remaining tribes also +to seek the same obvious advantages. + +The consequences of a speedy removal will be important to the United +States, to individual States, and to the Indians themselves. The +pecuniary advantages which it promises to the Government are the least +of its recommendations. It puts an end to all possible danger of +collision between the authorities of the General and State Governments +on account of the Indians. It will place a dense and civilized +population in large tracts of country now occupied by a few savage +hunters. By opening the whole territory between Tennessee on the north +and Louisiana on the south to the settlement of the whites it will +incalculably strengthen the south west frontier and render the adjacent +States strong enough to repel future invasions without remote aid. It +will relieve the whole State of Mississippi and the western part of +Alabama of Indian occupancy, and enable those States to advance rapidly +in population, wealth, and power. It will separate the Indians from +immediate contact with settlements of whites; free them from the power +of the States; enable them to pursue happiness in their own way and +under their own rude institutions; will retard the progress of decay, +which is lessening their numbers, and perhaps cause them gradually, +under the protection of the Government and through the influence of +good counsels, to cast off their savage habits and become an +interesting, civilized, and Christian community. These consequences, +some of them so certain and the rest so probable, make the complete +execution of the plan sanctioned by Congress at their last session an +object of much solicitude. + +Toward the aborigines of the country no one can indulge a more friendly +feeling than myself, or would go further in attempting to reclaim them +from their wandering habits and make them a happy, prosperous people. I +have endeavored to impress upon them my own solemn convictions of the +duties and powers of the General Government in relation to the State +authorities. For the justice of the laws passed by the States within +the scope of their reserved powers they are not responsible to this +Government. As individuals we may entertain and express our opinions of +their acts, but as a Government we have as little right to control them +as we have to prescribe laws for other nations. + +With a full understanding of the subject, the Choctaw and the Chickasaw +tribes have with great unanimity determined to avail themselves of the +liberal offers presented by the act of Congress, and have agreed to +remove beyond the Mississippi River. Treaties have been made with them, +which in due season will be submitted for consideration. In negotiating +these treaties they were made to understand their true condition, and +they have preferred maintaining their independence in the Western +forests to submitting to the laws of the States in which they now +reside. These treaties, being probably the last which will ever be made +with them, are characterized by great liberality on the part of the +Government. They give the Indians a liberal sum in consideration of +their removal, and comfortable subsistence on their arrival at their +new homes. If it be their real interest to maintain a separate +existence, they will there be at liberty to do so without the +inconveniences and vexations to which they would unavoidably have been +subject in Alabama and Mississippi. + +Humanity has often wept over the fate of the aborigines of this +country, and Philanthropy has been long busily employed in devising +means to avert it, but its progress has never for a moment been +arrested, and one by one have many powerful tribes disappeared from the +earth. To follow to the tomb the last of his race and to tread on the +graves of extinct nations excite melancholy reflections. But true +philanthropy reconciles the mind to these vicissitudes as it does to +the extinction of one generation to make room for another. In the +monuments and fortifications of an unknown people, spread over the +extensive regions of the West, we behold the memorials of a once +powerful race, which was exterminated of has disappeared to make room +for the existing savage tribes. Nor is there any thing in this which, +upon a comprehensive view of the general interests of the human race, +is to be regretted. Philanthropy could not wish to see this continent +restored to the condition in which it was found by our forefathers. +What good man would prefer a country covered with forests and ranged by +a few thousand savages to our extensive Republic, studded with cities, +towns, and prosperous farms, embellished with all the improvements +which art can devise or industry execute, occupied by more than +12,000,000 happy people, and filled with all the blessings of liberty, +civilization, and religion? + +The present policy of the Government is but a continuation of the same +progressive change by a milder process. The tribes which occupied the +countries now constituting the Eastern States were annihilated or have +melted away to make room for the whites. The waves of population and +civilization are rolling to the westward, and we now propose to acquire +the countries occupied by the red men of the South and West by a fair +exchange, and, at the expense of the United States, to send them to a +land where their existence may be prolonged and perhaps made perpetual. + +Doubtless it will be painful to leave the graves of their fathers; but +what do they more than our ancestors did or than our children are now +doing? To better their condition in an unknown land our forefathers +left all that was dear in earthly objects. Our children by thousands +yearly leave the land of their birth to seek new homes in distant +regions. Does Humanity weep at these painful separations from every +thing, animate and inanimate, with which the young heart has become +entwined? Far from it. It is rather a source of joy that our country +affords scope where our young population may range unconstrained in +body or in mind, developing the power and faculties of man in their +highest perfection. + +These remove hundreds and almost thousands of miles at their own +expense, purchase the lands they occupy, and support themselves at +their new homes from the moment of their arrival. Can it be cruel in +this Government when, by events which it can not control, the Indian is +made discontented in his ancient home to purchase his lands, to give +him a new and extensive territory, to pay the expense of his removal, +and support him a year in his new abode? How many thousands of our own +people would gladly embrace the opportunity of removing to the West on +such conditions! If the offers made to the Indians were extended to +them, they would be hailed with gratitude and joy. + +And is it supposed that the wandering savage has a stronger attachment +to his home than the settled, civilized Christian? Is it more +afflicting to him to leave the graves of his fathers than it is to our +brothers and children? Rightly considered, the policy of the General +Government toward the red man is not only liberal, but generous. He is +unwilling to submit to the laws of the States and mingle with their +population. To save him from this alternative, or perhaps utter +annihilation, the General Government kindly offers him a new home, and +proposes to pay the whole expense of his removal and settlement. + +In the consummation of a policy originating at an early period, and +steadily pursued by every Administration within the present century--so +just to the States and so generous to the Indians--the Executive feels +it has a right to expect the cooperation of Congress and of all good +and disinterested men. The States, moreover, have a right to demand it. +It was substantially a part of the compact which made them members of +our Confederacy. With Georgia there is an express contract; with the +new States an implied one of equal obligation. Why, in authorizing +Ohio, Indiana, Illinois, Missouri, Mississippi, and Alabama to form +constitutions and become separate States, did Congress include within +their limits extensive tracts of Indian lands, and, in some instances, +powerful Indian tribes? Was it not understood by both parties that the +power of the States was to be coextensive with their limits, and that +with all convenient dispatch the General Government should extinguish +the Indian title and remove every obstruction to the complete +jurisdiction of the State governments over the soil? Probably not one +of those States would have accepted a separate existence--certainly it +would never have been granted by Congress--had it been understood that +they were to be confined for ever to those small portions of their +nominal territory the Indian title to which had at the time been +extinguished. + +It is, therefore, a duty which this Government owes to the new States +to extinguish as soon as possible the Indian title to all lands which +Congress themselves have included within their limits. When this is +done the duties of the General Government in relation to the States and +the Indians within their limits are at an end. The Indians may leave +the State or not, as they choose. The purchase of their lands does not +alter in the least their personal relations with the State government. +No act of the General Government has ever been deemed necessary to give +the States jurisdiction over the persons of the Indians. That they +possess by virtue of their sovereign power within their own limits in +as full a manner before as after the purchase of the Indian lands; nor +can this Government add to or diminish it. + +May we not hope, therefore, that all good citizens, and none more +zealously than those who think the Indians oppressed by subjection to +the laws of the States, will unite in attempting to open the eyes of +those children of the forest to their true condition, and by a speedy +removal to relieve them from all the evils, real or imaginary, present +or prospective, with which they may be supposed to be threatened. + +Among the numerous causes of congratulation the condition of our impost +revenue deserves special mention, in as much as it promises the means +of extinguishing the public debt sooner than was anticipated, and +furnishes a strong illustration of the practical effects of the present +tariff upon our commercial interests. + +The object of the tariff is objected to by some as unconstitutional, +and it is considered by almost all as defective in many of its parts. + +The power to impose duties on imports originally belonged to the +several States. The right to adjust those duties with a view to the +encouragement of domestic branches of industry is so completely +incidental to that power that it is difficult to suppose the existence +of the one without the other. The States have delegated their whole +authority over imports to the General Government without limitation or +restriction, saving the very inconsiderable reservation relating to +their inspection laws. This authority having thus entirely passed from +the States, the right to exercise it for the purpose of protection does +not exist in them, and consequently if it be not possessed by the +General Government it must be extinct. Our political system would thus +present the anomaly of a people stripped of the right to foster their +own industry and to counteract the most selfish and destructive policy +which might be adopted by foreign nations. This sure can not be the +case. This indispensable power thus surrendered by the States must be +within the scope of the authority on the subject expressly delegated to +Congress. + +In this conclusion I am confirmed as well by the opinions of Presidents +Washington, Jefferson, Madison, and Monroe, who have each repeatedly +recommended the exercise of this right under the Constitution, as by +the uniform practice of Congress, the continued acquiescence of the +States, and the general understanding of the people. + +The difficulties of a more expedient adjustment of the present tariff, +although great, are far from being insurmountable. Some are unwilling +to improve any of its parts because they would destroy the whole; +others fear to touch the objectionable parts lest those they approve +should be jeoparded. I am persuaded that the advocates of these +conflicting views do injustice to the American people and to their +representatives. The general interest is the interest of each, and my +confidence is entire that to insure the adoption of such modifications +of the tariff as the general interest requires it is only necessary +that that interest should be understood. + +It is an infirmity of our nature to mingle our interests and prejudices +with the operation of our reasoning powers, and attribute to the +objects of our likes and dislikes qualities they do not possess and +effects they can not produce. The effects of the present tariff are +doubtless over-rated, both in its evils and in its advantages. By one +class of reasoners the reduced price of cotton and other agricultural +products is ascribed wholly to its influence, and by another the +reduced price of manufactured articles. + +The probability is that neither opinion approaches the truth, and that +both are induced by that influence of interests and prejudices to which +I have referred. The decrease of prices extends throughout the +commercial world, embracing not only the raw material and the +manufactured article, but provisions and lands. The cause must +therefore be deeper and more pervading than the tariff of the United +States. It may in a measure be attributable to the increased value of +the precious metals, produced by a diminution of the supply and an +increase in the demand, while commerce has rapidly extended itself and +population has augmented. The supply of gold and silver, the general +medium of exchange, has been greatly interrupted by civil convulsions +in the countries from which they are principally drawn. A part of the +effect, too, is doubtless owing to an increase of operatives and +improvements in machinery. But on the whole it is questionable whether +the reduction in the price of lands, produce, and manufactures has been +greater than the appreciation of the standard of value. + +While the chief object of duties should be revenue, they may be so +adjusted as to encourage manufactures. In this adjustment, however, it +is the duty of the Government to be guided by the general good. Objects +of national importance alone ought to be protected. Of these the +productions of our soil, our mines, and our work shops, essential to +national defense, occupy the first rank. What ever other species of +domestic industry, having the importance to which I have referred, may +be expected, after temporary protection, to compete with foreign labor +on equal terms merit the same attention in a subordinate degree. + +The present tariff taxes some of the comforts of life unnecessarily +high; it undertakes to protect interests too local and minute to +justify a general exaction, and it also attempts to force some kinds of +manufactures for which the country is not ripe. Much relief will be +derived in some of these respects from the measures of your last +session. + +The best as well as fairest mode of determining whether from any just +considerations a particular interest ought to receive protection would +be to submit the question singly for deliberation. If after +due examination of its merits, unconnected with extraneous +considerations--such as a desire to sustain a general system or to +purchase support for a different interest--it should enlist in its +favor a majority of the representatives of the people, there can be +little danger of wrong or injury in adjusting the tariff with reference +to its protective effect. If this obviously just principle were +honestly adhered to, the branches of industry which deserve protection +would be saved from the prejudice excited against them when that +protection forms part of a system by which portions of the country feel +or conceive themselves to be oppressed. What is incalculably more +important, the vital principle of our system--that principle which +requires acquiescence in the will of the majority--would be secure from +the discredit and danger to which it is exposed by the acts of +majorities founded not on identity of conviction, but on combinations +of small minorities entered into for the purpose of mutual assistance +in measures which, resting solely on their own merits, could never be +carried. + +I am well aware that this is a subject of so much delicacy, on account +of the extended interests in involves, as to require that it should be +touched with the utmost caution, and that while an abandonment of the +policy in which it originated--a policy coeval with our Government, and +pursued through successive Administrations--is neither to be expected +or desired, the people have a right to demand, and have demanded, that +it be so modified as to correct abuses and obviate injustice. + +That our deliberations on this interesting subject should be +uninfluenced by those partisan conflicts that are incident to free +institutions is the fervent wish of my heart. To make this great +question, which unhappily so much divides and excites the public mind, +subservient to the short-sighted views of faction, must destroy all +hope of settling it satisfactorily to the great body of the people and +for the general interest. I can not, therefore, in taking leave of the +subject, too earnestly for my own feelings or the common good warn you +against the blighting consequences of such a course. + +According to the estimates at the Treasury Department, the receipts in +the Treasury during the present year will amount to $24,161,018, which +will exceed by about $300,000 the estimate presented in the last annual +report of the Secretary of the Treasury. The total expenditure during +the year, exclusive of public debt, is estimated at $13,742,311, and +the payment on account of public debt for the same period will have +been $11,354,630, leaving a balance in the Treasury on January 1st, +1831 of $4,819,781. + +In connection with the condition of our finances, it affords me +pleasure to remark that judicious and efficient arrangements have been +made by the Treasury Department for securing the pecuniary +responsibility of the public officers and the more punctual payment of +the public dues. The Revenue Cutter Service has been organized and +placed on a good footing, and aided by an increase of inspectors at +exposed points, and regulations adopted under the act of May, 1830, for +the inspection and appraisement of merchandise, has produced much +improvement in the execution of the laws and more security against the +commission of frauds upon the revenue. Abuses in the allowances for +fishing bounties have also been corrected, and a material saving in +that branch of the service thereby effected. In addition to these +improvements the system of expenditure for sick sea men belonging to +the merchant service has been revised, and being rendered uniform and +economical the benefits of the fund applicable to this object have been +usefully extended. + +The prosperity of our country is also further evinced by the increased +revenue arising from the sale of public lands, as will appear from the +report of the Commissioner of the General Land Office and the documents +accompanying it, which are herewith transmitted. I beg leave to draw +your attention to this report, and to the propriety of making early +appropriations for the objects which it specifies. + +Your attention is again invited to the subjects connected with that +portion of the public interests intrusted to the War Department. Some +of them were referred to in my former message, and they are presented +in detail in the report of the Secretary of War herewith submitted. I +refer you also to the report of that officer for a knowledge of the +state of the Army, fortifications, arsenals, and Indian affairs, all of +which it will be perceived have been guarded with zealous attention and +care. It is worthy of your consideration whether the armaments +necessary for the fortifications on our maritime frontier which are now +or shortly will be completed should not be in readiness sooner than the +customary appropriations will enable the Department to provide them. +This precaution seems to be due to the general system of fortification +which has been sanctioned by Congress, and is recommended by that maxim +of wisdom which tells us in peace to prepare for war. + +I refer you to the report of the Secretary of the Navy for a highly +satisfactory account of the manner in which the concerns of that +Department have been conducted during the present year. Our position in +relation to the most powerful nations of the earth, and the present +condition of Europe, admonish us to cherish this arm of our national +defense with peculiar care. Separated by wide seas from all those +Governments whose power we might have reason to dread, we have nothing +to apprehend from attempts at conquest. It is chiefly attacks upon our +commerce and harrassing in-roads upon our coast against which we have +to guard. A naval force adequate to the protection of our commerce, +always afloat, with an accumulation of the means to give it a rapid +extension in case of need, furnishes the power by which all such +aggressions may be prevented or repelled. The attention of the +Government has therefore been recently directed more to preserving the +public vessels already built and providing materials to be placed in +depot for future use than to increasing their number. With the aid of +Congress, in a few years the Government will be prepared in case of +emergency to put afloat a powerful navy of new ships almost as soon as +old ones could be repaired. + +The modifications in this part of the service suggested in my last +annual message, which are noticed more in detail in the report of the +Secretary of the Navy, are again recommended to your serious attention. + +The report of the Post Master General in like manner exhibits a +satisfactory view of the important branch of the Government under his +charge. In addition to the benefits already secured by the operations +of the Post Office Department, considerable improvements within the +present year have been made by an increase in the accommodation +afforded by stage coaches, and in the frequency and celerity of the +mail between some of the most important points of the Union. + +Under the late contracts improvements have been provided for the +southern section of the country, and at the same time an annual saving +made of upward of $72,000. Not with standing the excess of expenditure +beyond the current receipts for a few years past, necessarily incurred +in the fulfillment of existing contracts and in the additional expenses +between the periods of contracting to meet the demands created by the +rapid growth and extension of our flourishing country, yet the +satisfactory assurance is given that the future revenue of the +Department will be sufficient to meets its extensive engagements. The +system recently introduced that subjects its receipts and disbursements +to strict regulation has entirely fulfilled its designs. It gives full +assurance of the punctual transmission, as well as the security of the +funds of the Department. The efficiency and industry of its officers +and the ability and energy of contractors justify an increased +confidence in its continued prosperity. + +The attention of Congress was called on a former occasion to the +necessity of such a modification in the office of Attorney General of +the United States as would render it more adequate to the wants of the +public service. This resulted in the establishment of the office of +Solicitor of the Treasury, and the earliest measures were taken to give +effect to the provisions of the law which authorized the appointment of +that officer and defined his duties. But it is not believed that this +provision, however useful in itself, is calculated to supersede the +necessity of extending the duties and powers of the Attorney General's +Office. On the contrary, I am convinced that the public interest would +be greatly promoted by giving to that officer the general +superintendence of the various law agents of the Government, and of all +law proceedings, whether civil or criminal, in which the United States +may be interested, allowing him at the same time such compensation as +would enable him to devote his undivided attention to the public +business. I think such a provision is alike due to the public and to +the officer. + +Occasions of reference from the different Executive Departments to the +Attorney General are of frequent occurrence, and the prompt decision of +the questions so referred tends much to facilitate the dispatch of +business in those Departments. The report of the Secretary of the +Treasury hereto appended shows also a branch of the public service not +specifically intrusted to any officer which might be advantageously +committed to the Attorney General. But independently of those +considerations this office is now one of daily duty. It was originally +organized and its compensation fixed with a view to occasional service, +leaving to the incumbent time for the exercise of his profession in +private practice. The state of things which warranted such an +organization no longer exists. The frequent claims upon the services of +this officer would render his absence from the seat of Government in +professional attendance upon the courts injurious to the public +service, and the interests of the Government could not fail to be +promoted by charging him with the general superintendence of all its +legal concerns. + +Under a strong conviction of the justness of these suggestions, I +recommend it to Congress to make the necessary provisions for giving +effect to them, and to place the Attorney General in regard to +compensation on the same footing with the heads of the several +Executive Departments. To this officer might also be intrusted a +cognizance of the cases of insolvency in public debtors, especially if +the views which I submitted on this subject last year should meet the +approbation of Congress--to which I again solicit your attention. + +Your attention is respectfully invited to the situation of the District +of Columbia. Placed by the Constitution under the exclusive +jurisdiction and control of Congress, this District is certainly +entitled to a much greater share of its consideration than it has yet +received. There is a want of uniformity in its laws, particularly in +those of a penal character, which increases the expense of their +administration and subjects the people to all the inconveniences which +result from the operation of different codes in so small a territory. +On different sides of the Potomac the same offense is punishable in +unequal degrees, and the peculiarities of many of the early laws of +Maryland and Virginia remain in force, not with standing their +repugnance in some cases to the improvements which have superseded them +in those States. + +Besides a remedy for these evils, which is loudly called for, it is +respectfully submitted whether a provision authorizing the election of +a delegate to represent the wants of the citizens of this District on +the floor of Congress is not due to them and to the character of our +Government. No principles of freedom, and there is none more important +than that which cultivates a proper relation between the governors and +the governed. Imperfect as this must be in this case, yet it is +believed that it would be greatly improved by a representation in +Congress with the same privileges that are allowed to the other +Territories of the United States. + +The penitentiary is ready for the reception of convicts, and only +awaits the necessary legislation to put it into operation, as one +object of which I beg leave to recall your attention to the propriety +of providing suitable compensation for the officers charged with its +inspection. + +The importance of the principles involved in the inquiry whether it +will be proper to recharter the Bank of the United States requires that +I should again call the attention of Congress to the subject. Nothing +has occurred to lessen in any degree the dangers which many of our +citizens apprehend from that institution as at present organized. In +the spirit of improvement and compromise which distinguishes our +country and its institutions it becomes us to inquire whether it be not +possible to secure the advantages afforded by the present bank through +the agency of a Bank of the United States so modified in its principles +and structures as to obviate constitutional and other objections. + +It is thought practicable to organize such a bank with the necessary +officers as a branch of the Treasury Department, based on the public +and individual deposits, without power to make loans or purchase +property, which shall remit the funds of the Government, and the +expense of which may be paid, if thought advisable, by allowing its +officers to sell bills of exchange to private individuals at a moderate +premium. Not being a corporate body, having no stock holders, debtors, +or property, and but few officers, it would not be obnoxious to the +constitutional objections which are urged against the present bank; and +having no means to operate on the hopes, fears, or interests of large +masses of the community, it would be shorn of the influence which makes +that bank formidable. The States would be strengthened by having in +their hands the means of furnishing the local paper currency through +their own banks, while the Bank of the United States, though issuing no +paper, would check the issues of the State banks by taking their notes +in deposit and for exchange only so long as they continue to be +redeemed with specie. In times of public emergency the capacities of +such an institution might be enlarged by legislative provisions. + +These suggestions are made not so much as a recommendation as with a +view of calling the attention of Congress to the possible modifications +of a system which can not continue to exist in its present form without +occasional collisions with the local authorities and perpetual +apprehensions and discontent on the part of the States and the people. + +In conclusion, fellow citizens, allow me to invoke in behalf of your +deliberations that spirit of conciliation and disinterestedness which +is the gift of patriotism. Under an over-ruling and merciful Providence +the agency of this spirit has thus far been signalized in the +prosperity and glory of our beloved country. May its influence be +eternal. + +*** + +State of the Union Address +Andrew Jackson +December 6, 1831 + +Fellow Citizens of the Senate and of the House of Representatives: + +The representation of the people has been renewed for the 22nd time +since the Constitution they formed has been in force. For near half a +century the Chief Magistrates who have been successively chosen have +made their annual communications of the state of the nation to its +representatives. Generally these communications have been of the most +gratifying nature, testifying an advance in all the improvements of +social and all the securities of political life. But frequently and +justly as you have been called on to be grateful for the bounties of +Providence, at few periods have they been more abundantly or +extensively bestowed than at the present; rarely, if ever, have we had +greater reason to congratulate each other on the continued and +increasing prosperity of our beloved country. + +Agriculture, the first and most important occupation of man, has +compensated the labors of the husband-man with plentiful crops of all +the varied products of our extensive country. Manufactures have been +established in which the funds of the capitalist find a profitable +investment, and which give employment and subsistence to a numerous and +increasing body of industrious and dexterous mechanics. The laborer is +rewarded by high wages in the construction of works of internal +improvement, which are extending with unprecedented rapidity. Science +is steadily penetrating the recesses of nature and disclosing her +secrets, while the ingenuity of free minds is subjecting the elements +to the power of man and making each new conquest auxiliary to his +comfort. By our mails, whose speed is regularly increased and whose +routes are every year extended, the communication of public +intelligence and private business is rendered frequent and safe; the +intercourse between distant cities, which it formerly required weeks to +accomplish, is now effected in a few days; and in the construction of +rail roads and the application of steam power we have a reasonable +prospect that the extreme parts of our country will be so much +approximated and those most isolated by the obstacles of nature +rendered so accessible as to remove an apprehension some times +entertained that the great extent of the Union would endanger its +permanent existence. + +If from the satisfactory view of our agriculture, manufactures, and +internal improvements we turn to the state of our navigation and trade +with foreign nations and between the States, we shall scarcely find +less cause for gratulation. A beneficent Providence has provided for +their exercise and encouragement an extensive coast, indented by +capacious bays, noble rivers, inland seas; with a country productive of +every material for ship building and every commodity for gainful +commerce, and filled with a population active, intelligent, +well-informed, and fearless of danger. These advantages are not +neglected, and an impulse has lately been given to commercial +enterprise, which fills our ship yards with new constructions, +encourages all the arts and branches of industry connected with them, +crowds the wharves of our cities with vessels, and covers the most +distant seas with our canvas. + +Let us be grateful for these blessings to the beneficent Being who has +conferred them, and who suffers us to indulge a reasonable hope of +their continuance and extension, while we neglect not the means by +which they may be preserved. If we may dare to judge of His future +designs by the manner in which His past favors have been bestowed, He +has made our national prosperity to depend on the preservation of our +liberties, our national force on our Federal Union, and our individual +happiness on the maintenance of our State rights and wise institutions. +If we are prosperous at home and respected abroad, it is because we are +free, united, industrious, and obedient to the laws. While we continue +so we shall by the blessing of Heaven go on in the happy career we have +begun, and which has brought us in the short period of our political +existence from a population of 3,000,000 to 13,000,000; from 13 +separate colonies to 24 united States; from weakness to strength; from +a rank scarcely marked in the scale of nations to a high place in their +respect. + +This last advantage is one that has resulted in a great degree from the +principles which have guided our intercourse with foreign powers since +we have assumed an equal station among them, and hence the annual +account which the Executive renders to the country of the manner in +which that branch of his duties has been fulfilled proves instructive +and salutary. + +The pacific and wise policy of our Government kept us in a state of +neutrality during the wars that have at different periods since our +political existence been carried on by other powers; but this policy, +while it gave activity and extent to our commerce, exposed it in the +same proportion to injuries from the belligerent nations. Hence have +arisen claims of indemnity for those injuries. England, France, Spain, +Holland, Sweden, Denmark, Naples, and lately Portugal had all in a +greater or less degree infringed our neutral rights. Demands for +reparation were made upon all. They have had in all, and continue to +have in some, cases a leading influence on the nature of our relations +with the powers on whom they were made. + +Of the claims upon England it is unnecessary to speak further than to +say that the state of things to which their prosecution and denial gave +rise has been succeeded by arrangements productive of mutual good +feeling and amicable relations between the two countries, which it is +hoped will not be interrupted. One of these arrangements is that +relating to the colonial trade which was communicated to Congress at +the last session; and although the short period during which it has +been in force will not enable me to form an accurate judgment of its +operation, there is every reason to believe that it will prove highly +beneficial. The trade thereby authorized has employed to September +30th, 1831 upward of 30 thousand tons of American and 15 thousand tons +of foreign shipping in the outward voyages, and in the inward nearly an +equal amount of American and 20 thousand only of foreign tonnage. +Advantages, too, have resulted to our agricultural interests from the +state of the trade between Canada and our Territories and States +bordering or the St. Lawrence and the Lakes which may prove more than +equivalent to the loss sustained by the discrimination made to favor +the trade of the northern colonies with the West Indies. + +After our transition from the state of colonies to that of an +independent nation many points were found necessary to be settled +between us and Great Britain. Among them was the demarcation of +boundaries not described with sufficient precision in the treaty of +peace. Some of the lines that divide the States and Territories of the +United States from the British Provinces have been definitively fixed. + +That, however, which separates us from the Provinces of Canada and New +Brunswick to the North and the East was still in dispute when I came +into office, but I found arrangements made for its settlement over +which I had no control. The commissioners who had been appointed under +the provisions of the treaty of Ghent having been unable to agree, a +convention was made with Great Britain by my immediate predecessor in +office, with the advice and consent of the Senate, by which it was +agreed "that the points of difference which have arisen in the +settlement of the boundary line between the American and British +dominions, as described in the 5th article of the treaty of Ghent, +shall be referred, as therein provided, to some friendly sovereign or +State, who shall be invited to investigate and make a decision upon +such points of difference"; and the King of the Netherlands having by +the late President and His Britannic Majesty been designated as such +friendly sovereign, it became my duty to carry with good faith the +agreement so made into full effect. To this end I caused all the +measures to be taken which were necessary to a full exposition of our +case to the sovereign arbiter, and nominated as minister +plenipotentiary to his Court a distinguished citizen of the State most +interested in the question, and who had been one of the agents +previously employed for settling the controversy. + +On January 10th, 1831 His Majesty the King of the Netherlands delivered +to the plenipotentiaries of the United States and of Great Britain his +written opinion on the case referred to him. The papers in relation to +the subject will be communicated by a special message to the proper +branch of the Government with the perfect confidence that its wisdom +will adopt such measures as will secure an amicable settlement of the +controversy without infringing any constitutional right of the States +immediately interested. + +It affords me satisfaction to inform you that suggestions made by my +direction to the charge d'affaires of His Britannic Majesty to this +Government have had their desired effect in producing the release of +certain American citizens who were imprisoned for setting up the +authority of the State of Maine at a place in the disputed territory +under the actual jurisdiction of His Britannic Majesty. From this and +the assurances I have received of the desire of the local authorities +to avoid any cause of collision I have the best hopes that a good +understanding will be kept up until it is confirmed by the final +disposition of the subject. + +The amicable relations which now subsist between the United States and +Great Britain, the increasing intercourse between their citizens, and +the rapid obliteration of unfriendly prejudices to which former events +naturally gave rise concurred to present this as a fit period for +renewing our endeavors to provide against the recurrence of causes of +irritation which in the event of war between Great Britain and any +other power would inevitably endanger our peace. Animated by the +sincerest desire to avoid such a state of things, and peacefully to +secure under all possible circumstances the rights and honor of the +country, I have given such instructions to the minister lately sent to +the Court of London as will evince that desire, and if met by a +correspondent disposition, which we can not doubt, will put an end to +causes of collision which, without advantage to either, tend to +estrange from each other two nations who have every motive to preserve +not only peace, but an intercourse of the most amicable nature. + +In my message at the opening of the last session of Congress I +expressed a confident hope that the justice of our claims upon France, +urged as they were with perseverance and signal ability by our minister +there, would finally be acknowledged. This hope has been realized. A +treaty has been signed which will immediately be laid before the Senate +for its approbation, and which, containing stipulations that require +legislative acts, must have the concurrence of both houses before it +can be carried into effect. + +By it the French Government engage to pay a sum which, if not quite +equal to that which may be found due to our citizens, will yet, it is +believed, under all circumstances, be deemed satisfactory by those +interested. The offer of a gross sum instead of the satisfaction of +each individual claim was accepted because the only alternatives were a +rigorous exaction of the whole amount stated to be due on each claim, +which might in some instances be exaggerated by design, in other +over-rated through error, and which, therefore, it would have been both +ungracious and unjust to have insisted on; or a settlement by a mixed +commission, to which the French negotiators were very averse, and which +experience in other cases had shewn to be dilatory and often wholly +inadequate to the end. + +A comparatively small sum is stipulated on our part to go to the +extinction of all claims by French citizens on our Government, and a +reduction of duties on our cotton and their wines has been agreed on as +a consideration for the renunciation of an important claim for +commercial privileges under the construction they gave to the treaty +for the cession of Louisiana. + +Should this treaty receive the proper sanction, a source of irritation +will be stopped that has for so many years in some degree alienated +from each other two nations who, from interest as well as the +remembrance of early associations, ought to cherish the most friendly +relations; an encouragement will be given for perseverance in the +demands of justice by this new proof that if steadily pursued they will +be listened to, and admonition will be offered to those powers, if any, +which may be inclined to evade them that they will never be abandoned; +above all, a just confidence will be inspired in our fellow citizens +that their Government will exert all the powers with which they have +invested it in support of their just claims upon foreign nations; at +the same time that the frank acknowledgment and provision for the +payment of those which were addressed to our equity, although +unsupported by legal proof, affords a practical illustration of our +submission to the divine rule of doing to others what we desire they +should do unto us. + +Sweden and Denmark having made compensation for the irregularities +committed by their vessels or in their ports to the perfect +satisfaction of the parties concerned, and having renewed the treaties +of commerce entered into with them, our political and commercial +relations with those powers continue to be on the most friendly +footing. + +With Spain our differences up to February 22d, 1819 were settled by the +treaty of Washington of that date, but at a subsequent period our +commerce with the States formerly colonies of Spain on the continent of +America was annoyed and frequently interrupted by her public and +private armed ships. They captured many of our vessels prosecuting a +lawful commerce and sold them and their cargoes, and at one time to our +demands for restoration and indemnity opposed the allegation that they +were taken in the violation of a blockade of all the ports of those +States. This blockade was declaratory only, and the inadequacy of the +force to maintain it was so manifest that this allegation was varied to +a charge of trade in contraband of war. This, in its turn, was also +found untenable, and the minister whom I sent with instructions to +press for the reparation that was due to our injured fellow citizens +has transmitted an answer to his demand by which the captures are +declared to have been legal, and are justified because the independence +of the States of America never having been acknowledged by Spain she +had a right to prohibit trade with them under her old colonial laws. +This ground of defense was contradictory, not only to those which had +been formerly alleged, but to the uniform practice and established laws +of nations, and had been abandoned by Spain herself in the convention +which granted indemnity to British subjects for captures made at the +same time, under the same circumstances, and for the same allegations +with those of which we complain. + +I, however, indulge the hope that further reflection will lead to other +views, and feel confident that when His Catholic Majesty shall be +convinced of the justice of the claims his desire to preserve friendly +relations between the two countries, which it is my earnest endeavor to +maintain, will induce him to accede to our demand. I have therefore +dispatched a special messenger with instructions to our minister to +bring the case once more to his consideration, to the end that if +(which I can not bring myself to believe) the same decision (that can +not but be deemed an unfriendly denial of justice) should be persisted +in the matter may before your adjournment be laid before you, the +constitutional judges of what is proper to be done when negotiation for +redress of injury fails. + +The conclusion of a treaty for indemnity with France seemed to present +a favorable opportunity to renew our claims of a similar nature on +other powers, and particularly in the case of those upon Naples, more +especially as in the course of former negotiations with that power our +failure to induce France to render us justice was used as an argument +against us. The desires of the merchants, who were the principal +sufferers, have therefore been acceded to, and a mission has been +instituted for the special purpose of obtaining for them a reparation +already too long delayed. This measure having been resolved on, it was +put in execution without waiting for the meeting of Congress, because +the state of Europe created an apprehension of events that might have +rendered our application ineffectual. + +Our demands upon the Government of the two Sicilies are of a peculiar +nature. The injuries on which they are founded are not denied, nor are +the atrocity and perfidy under which those injuries were perpetrated +attempted to be extenuated. The sole ground on which indemnity has been +refused is the alleged illegality of the tenure by which the monarch +who made the seizures held his crown. This defense, always unfounded in +any principle of the law of nations, now universally abandoned, even by +those powers upon whom the responsibility for the acts of past rulers +bore the most heavily, will unquestionably be given up by His Sicilian +Majesty, whose counsels will receive an impulse from that high sense of +honor and regard to justice which are said to characterize him; and I +feel the fullest confidence that the talents of the citizen +commissioned for that purpose will place before him the just claims of +our injured citizens in such as light as will enable me before your +adjournment to announce that they have been adjusted and secured. +Precise instructions to the effect of bringing the negotiation to a +speedy issue have been given, and will be obeyed. + +In the late blockade of Terceira some of the Portuguese fleet captured +several of our vessels and committed other excesses, for which +reparation was demanded, and I was on the point of dispatching an armed +force to prevent any recurrence of a similar violence and protect our +citizens in the prosecution of their lawful commerce when official +assurances, on which I relied, made the sailing of the ships +unnecessary. Since that period frequent promises have been made that +full indemnity shall be given for the injuries inflicted and the losses +sustained. In the performance there has been some, perhaps unavoidable, +delay; but I have the fullest confidence that my earnest desire that +this business may at once be closed, which our minister has been +instructed strongly to express, will very soon be gratified. I have the +better ground for this hope from the evidence of a friendly disposition +which that Government has shown an actual reduction in the duty on rice +the produce of our Southern States, authorizing the anticipation that +this important article of our export will soon be admitted on the same +footing with that produced by the most favored nation. + +With the other powers of Europe we have fortunately had no cause of +discussions for the redress of injuries. With the Empire of the Russias +our political connection is of the most friendly and our commercial of +the most liberal kind. We enjoy the advantages of navigation and trade +given to the most favored nation, but it has not yet suited their +policy, or perhaps has not been found convenient from other +considerations, to give stability and reciprocity to those privileges +by a commercial treaty. The ill health of the minister last year +charged with making a proposition for that arrangement did not permit +him to remain at St. Petersburg, and the attention of that Government +during the whole of the period since his departure having been occupied +by the war in which it was engaged, we have been assured that nothing +could have been effected by his presence. A minister will soon be +nominated, as well to effect this important object as to keep up the +relations of amity and good understanding of which we have received so +many assurances and proofs from His Imperial Majesty and the Emperor +his predecessor. + +The treaty with Austria is opening to us an important trade with the +hereditary dominions of the Emperor, the value of which has been +hitherto little known, and of course not sufficiently appreciated. +While our commerce finds an entrance into the south of Germany by means +of this treaty, those we have formed with the Hanseatic towns and +Prussia and others now in negotiation will open that vast country to +the enterprising spirit of our merchants on the north--a country +abounding in all the materials for a mutually beneficial commerce, +filled with enlightened and industrious inhabitants, holding an +important place in the politics of Europe, and to which we owe so many +valuable citizens. The ratification of the treaty with the Porte was +sent to be exchanged by the gentleman appointed our charge d'affaires +to that Court. Some difficulties occurred on his arrival, but at the +date of his last official dispatch he supposed they had been obviated +and that there was every prospect of the exchange being speedily +effected. + +This finishes the connected view I have thought it proper to give of +our political and commercial relations in Europe. Every effort in my +power will be continued to strengthen and extend them by treaties +founded on principles of the most perfect reciprocity of interest, +neither asking nor conceding any exclusive advantage, but liberating as +far as it lies in my power the activity and industry of our fellow +citizens from the shackles which foreign restrictions may impose. + +To China and the East Indies our commerce continues in its usual +extent, and with increased facilities which the credit and capital of +our merchants afford by substituting bills for payments in specie. A +daring outrage having been committed in those seas by the plunder of +one of our merchant-men engaged in the pepper trade at a port in +Sumatra, and the piratical perpetrators belonging to tribes in such a +state of society that the usual course of proceedings between civilized +nations could not be pursued, I forthwith dispatched a frigate with +orders to require immediate satisfaction for the injury and indemnity +to the sufferers. + +Few changes have taken place in our connections with the independent +States of America since my last communication to Congress. The +ratification of a commercial treaty with the United Republics of Mexico +has been for some time under deliberation in their Congress, but was +still undecided at the date of our last dispatches. The unhappy civil +commotions that have prevailed there were undoubtedly the cause of the +delay, but as the Government is now said to be tranquillized we may +hope soon to receive the ratification of the treaty and an arrangement +for the demarcation of the boundaries between us. In the mean time, an +important trade has been opened with mutual benefit from St. Louis, in +the State of Missouri, by caravans to the interior Provinces of Mexico. +This commerce is protected in its progress through the Indian countries +by the troops of the United States, which have been permitted to escort +the caravans beyond our boundaries to the settled part of the Mexican +territory. + +From Central America I have received assurances of the most friendly +kind and a gratifying application for our good offices to remove a +supposed indisposition toward that Government in a neighboring State. +This application was immediately and successfully complied with. They +gave us also the pleasing intelligence that differences which had +prevailed in their internal affairs had been peaceably adjusted. Our +treaty with this Republic continues to be faithfully observed, and +promises a great and beneficial commerce between the two countries--a +commerce of the greatest importance if the magnificent project of a +ship canal through the dominions of that State from the Atlantic to the +Pacific Ocean, now in serious contemplation, shall be executed. + +I have great satisfaction in communicating the success which has +attended the exertions of our minister in Colombia to procure a very +considerable reduction in the duties on our flour in that Republic. +Indemnity also has been stipulated for injuries received by our +merchants from illegal seizures, and renewed assurances are given that +the treaty between the two countries shall be faithfully observed. + +Chili and Peru seem to be still threatened with civil commotions, and +until they shall be settled disorders may naturally be apprehended, +requiring the constant presence of a naval force in the Pacific Ocean +to protect our fisheries and guard our commerce. + +The disturbances that took place in the Empire of Brazil previously to +and immediately consequent upon the abdication of the late Emperor +necessarily suspended any effectual application for the redress of some +past injuries suffered by our citizens from that Government, while they +have been the cause of others, in which all foreigners seem to have +participated. Instructions have been given to our minister there to +press for indemnity due for losses occasioned by these irregularities, +and to take care of our fellow citizens shall enjoy all the privileges +stipulated in their favor by the treaty lately made between the two +powers, all which the good intelligence that prevails between our +minister at Rio Janeiro and the Regency gives us the best reason to +expect. + +I should have placed Buenos Ayres in the list of South American powers +in respect to which nothing of importance affecting us was to be +communicated but for occurrences which have lately taken place at the +Falkland Islands, in which the name of that Republic has been used to +cover with a show of authority acts injurious to our commerce and to +the property and liberty of our fellow citizens. In the course of the +present year one of our vessels, engaged in the pursuit of a trade +which we have always enjoyed without molestation, has been captured by +a band acting, as they pretend, under the authority of the Government +of Buenos Ayres. I have therefore given orders for the dispatch of an +armed vessel to join our squadron in those seas and aid in affording +all lawful protection to our trade which shall be necessary, and shall +without delay send a minister to inquire into the nature of the +circumstances and also of the claim, if any, that is set up by that +Government to those islands. In the mean time, I submit the case to the +consideration of Congress, to the end that they may clothe the +Executive with such authority and means as they may deem necessary for +providing a force adequate to the complete protection of our fellow +citizens fishing and trading in those seas. + +This rapid sketch of our foreign relations, it is hoped, fellow +citizens, may be of some use in so much of your legislation as may bear +on that important subject, while it affords to the country at large a +source of high gratification in the contemplation of our political and +commercial connection with the rest of the world. At peace with all; +having subjects of future difference with few, and those susceptible of +easy adjustment; extending our commerce gradually on all sides and on +none by any but the most liberal and mutually beneficial means, we may, +by the blessing of Providence, hope for all that national prosperity +which can be derived from an intercourse with foreign nations, guided +by those eternal principles of justice and reciprocal good will which +are binding as well upon States as the individuals of whom they are +composed. + +I have great satisfaction in making this statement of our affairs, +because the course of our national policy enables me to do it without +any indiscreet exposure of what in other governments is usually +concealed from the people. Having none but a straight-forward, open +course to pursue, guided by a single principle that will bear the +strongest light, we have happily no political combinations to form, no +alliances to entangle us, no complicated interests to consult, and in +subjecting all we have done to the consideration of our citizens and to +the inspection of the world we give no advantage to other nations and +lay ourselves open to no injury. + +It may not be improper to add that to preserve this state of things and +give confidence to the world in the integrity of our designs all our +consular and diplomatic agents are strictly enjoined to examine well +every cause of complaint preferred by our citizens, and while they urge +with proper earnestness those that are well founded, to countenance +none that are unreasonable or unjust, and to enjoin on our merchants +and navigators the strictest obedience to the laws of the countries to +which they resort, and a course of conduct in their dealings that may +support the character of our nation and render us respected abroad. + +Connected with this subject, I must recommend a revisal of our consular +laws. Defects and omissions have been discovered in their operation +that ought to be remedied and supplied. For your further information on +this subject I have directed a report to be made by the Secretary of +State, which I shall hereafter submit to your consideration. + +The internal peace and security of our confederated States is the next +principal object of the General Government. Time and experience have +proved that the abode of the native Indian within their limits is +dangerous to their peace and injurious to himself. In accordance with +my recommendation at a former session of Congress, an appropriation of +$500 thousand was made to aid the voluntary removal of the various +tribes beyond the limits of the States. At the last session I had the +happiness to announce that the Chickasaws and Choctaws had accepted the +generous offer of the Government and agreed to remove beyond the +Mississippi River, by which the whole of the State of Mississippi and +the western part of Alabama will be freed from Indian occupancy and +opened to a civilized population. The treaties with these tribes are in +a course of execution, and their removal, it is hoped, will be +completed in the course of 1832. + +At the request of the authorities of Georgia the registration of +Cherokee Indians for emigration has been resumed, and it is confidently +expected that half, if not two-third, of that tribe will follow the +wise example of their more westerly brethren. Those who prefer +remaining at their present homes will hereafter be governed by the laws +of Georgia, as all her citizens are, and cease to be the objects of +peculiar care on the part of the General Government. + +During the present year the attention of the Government has been +particularly directed to those tribes in the powerful and growing State +of Ohio, where considerable tracts of the finest lands were still +occupied by the aboriginal proprietors. Treaties, either absolute or +conditional, have been made extinguishing the whole Indian title to the +reservations in that State, and the time is not distant, it is hoped, +when Ohio will be no longer embarrassed with the Indian population. The +same measures will be extended to Indiana as soon as there is reason to +anticipate success. It is confidently believed that perseverance for a +few years in the present policy of the Government will extinguish the +Indian title to all lands lying within the States composing our Federal +Union, and remove beyond their limits every Indian who is not willing +to submit to their laws. + +Thus will all conflicting claims to jurisdiction between the States and +the Indian tribes be put to rest. It is pleasing to reflect that +results so beneficial, not only to the States immediately concerned, +but to the harmony of the Union, will have been accomplished by +measures equally advantageous to the Indians. What the native savages +become when surrounded by a dense population and by mixing with the +whites may be seen in the miserable remnants of a few Eastern tribes, +deprived of political and civil rights, forbidden to make contracts, +and subjected to guardians, dragging out a wretched existence, without +excitement, without hope, and almost without thought. + +But the removal of the Indians beyond the limits and jurisdiction of +the States does not place them beyond the reach of philanthropic aid +and Christian instruction. On the contrary, those whom philanthropy or +religion may induce to live among them in their new abode will be more +free in the exercise of their benevolent functions than if they had +remained within the limits of the States, embarrassed by their internal +regulations. Now subject to no control but the superintending agency of +the General Government, exercised with the sole view of preserving +peace, they may proceed unmolested in the interesting experiment of +gradually advancing a community of American Indians from barbarism to +the habits and enjoyments of civilized life. + +Among the happiest effects of the improved relations of our Republic +has been an increase of trade, producing a corresponding increase of +revenue beyond the most sanguine anticipations of the Treasury +Department. + +The state of the public finances will be fully shown by the Secretary +of the Treasury in the report which he will presently lay before you. I +will here, however, congratulate you upon their prosperous condition. +The revenue received in the present year will not fall short of +$27,700,000, and the expenditures for all objects other than the public +debt will not exceed $14,700,000. The payment on account of the +principal and interest of the debt during the year will exceed +$16,500,000, a greater sum than has been applied to that object out of +the revenue in any year since the enlargement of the sinking fund +except the two years following immediately there after. The amount +which will have been applied to the public debt from March 4th, 1829 to +January 1st, 1832, which is less than three years since the +Administration has been placed in my hands, will exceed $40,000,000. + +From the large importations of the present year it may be safely +estimated that the revenue which will be received into the Treasury +from that source during the next year, with the aid of that received +from the public lands, will considerably exceed the amount of the +receipts of the present year; and it is believed that with the means +which the Government will have at its disposal from various sources, +which will be fully stated by the proper Department, the whole of the +public debt may be extinguished, either by redemption or purchase, +within the four years of my Administration. We shall then exhibit the +rare example of a great nation, abounding in all the means of happiness +and security, altogether free from debt. + +The confidence with which the extinguishment of the public debt may be +anticipated presents an opportunity for carrying into effect more fully +the policy in relation to import duties which has been recommended in +my former messages. A modification of the tariff which shall produce a +reduction of our revenue to the wants of the Government and an +adjustment of the duties on imports with a view to equal justice in +relation to all our national interests and to the counteraction of +foreign policy so far as it may be injurious to those interests, is +deemed to be one of the principal objects which demand the +consideration of the present Congress. Justice to the interests of the +merchant as well as the manufacturer requires that material reductions +in the import duties be prospective; and unless the present Congress +shall dispose of the subject the proposed reductions can not properly +be made to take effect at the period when the necessity for the revenue +arising from present rates shall cease. It is therefore desirable that +arrangements be adopted at your present session to relieve the people +from unnecessary taxation after the extinguishment of the public debt. +In the exercise of that spirit of concession and conciliation which has +distinguished the friends of our Union in all great emergencies, it is +believed that this object may be effected without injury to any +national interest. + +In my annual message of December, 1829, I had the honor to recommend +the adoption of a more liberal policy than that which then prevailed +toward unfortunate debtors to the Government, and I deem it my duty +again to invite your attention to this subject. + +Actuated by similar views, Congress at their last session passed an act +for the relief of certain insolvent debtors of the United States, but +the provisions of that law have not been deemed such as were adequate +to that relief to this unfortunate class of our fellow citizens which +may be safely extended to them. The points in which the law appears to +be defective will be particularly communicated by the Secretary of the +Treasury, and I take pleasure in recommending such an extension of its +provisions as will unfetter the enterprise of a valuable portion of our +citizens and restore to them the means of usefulness to themselves and +the community. While deliberating on this subject I would also +recommend to your consideration the propriety of so modifying the laws +for enforcing the payment of debts due either to the public or to +individuals suing in the courts of the United States as to restrict the +imprisonment of the person to cases of fraudulent concealment of +property. The personal liberty of the citizen seems too sacred to be +held, as in many cases it now is, at the will of a creditor to whom he +is willing to surrender all the means he has of discharging his debt. + +The reports from the Secretaries of the War and Navy Departments and +from the Post Master General, which accompany this message, present +satisfactory views of the operations of the Departments respectively +under their charge, and suggest improvements which are worthy of and to +which I invite the serious attention of Congress. Certain defects and +omissions having been discovered in the operation of the laws +respecting patents, they are pointed out in the accompanying report +from the Secretary of State. + +I have heretofore recommended amendments of the Federal Constitution +giving the election of President and Vice-President to the people and +limiting the service of the former to a single term. So important do I +consider these changes in our fundamental law that I can not, in +accordance with my sense of duty, omit to press them upon the +consideration of a new Congress. For my views more at large, as well in +relation to these points as to the disqualification of members of +Congress to receive an office from a President in whose election they +have had an official agency, which I proposed as a substitute, I refer +you to my former messages. + +Our system of public accounts is extremely complicated, and it is +believed may be much improved. Much of the present machinery and a +considerable portion of the expenditure of public money may be +dispensed with, while greater facilities can be afforded to the +liquidation of claims upon the Government and an examination into their +justice and legality quite as efficient as the present secured. With a +view to a general reform in the system, I recommend the subject to the +attention of Congress. + +I deem it my duty again to call your attention to the condition of the +District of Columbia. It was doubtless wise in the framers of our +Constitution to place the people of this District under the +jurisdiction of the General Government, but to accomplish the objects +they had in view it is not necessary that this people should be +deprived of all the privileges of self-government. Independently of the +difficulty of inducing the representatives of distant States to turn +their attention to projects of laws which are not of the highest +interest to their constituents, they are not individually, nor in +Congress collectively, well qualified to legislate over the local +concerns of this District. Consequently its interests are much +neglected, and the people are almost afraid to present their +grievances, lest a body in which they are not represented and which +feels little sympathy in their local relations should in its attempt to +make laws for them do more harm than good. + +Governed by the laws of the States whence they were severed, the two +shores of the Potomac within the ten miles square have different penal +codes--not the present codes of Virginia and Maryland, but such as +existed in those States at the time of the cession to the United +States. As Congress will not form a new code, and as the people of the +District can not make one for themselves, they are virtually under two +governments. Is it not just to allow them at least a Delegate in +Congress, if not a local legislature, to make laws for the District, +subject to the approval or rejection of Congress? I earnestly recommend +the extension to them of every political right which their interests +require and which may be compatible with the Constitution. + +The extension of the judiciary system of the United States is deemed to +be one of the duties of the Government. One-fourth of the States in the +Union do not participate in the benefits of a circuit court. To the +States of Indiana, Illinois, Missouri, Alabama, Mississippi, and +Louisiana, admitted into the Union since the present judicial system +was organized, only a district court has been allowed. If this be +sufficient, then the circuit courts already existing in 18 States ought +to be abolished; if it be not sufficient, the defect ought to be +remedied, and these States placed on the same footing with the other +members of the Union. It was on this condition and on this footing that +they entered the Union, and they may demand circuit courts as a matter +not of concession, but of right. I trust that Congress will not adjourn +leaving this anomaly in our system. + +Entertaining the opinions heretofore expressed in relation to the Bank +of the United States as at present organized, I felt it my duty in my +former messages frankly to disclose them, in order that the attention +of the Legislature and the people should be seasonably directed to that +important subject, and that it might be considered and finally disposed +of in a manner best calculated to promote the ends of the Constitution +and subserve the public interests. Having thus conscientiously +discharged a constitutional duty, I deem it proper on this occasion, +without a more particular reference to the views of the subject then +expressed to leave it for the present to the investigation of an +enlightened people and their representatives. + +In conclusion permit me to invoke that Power which superintends all +governments to infuse into your deliberations at this important crisis +of our history a spirit of mutual forbearance and conciliation. In that +spirit was our Union formed, and in that spirit must it be preserved. + +*** + +State of the Union Address +Andrew Jackson +December 4, 1832 + +Fellow Citizens of the Senate and of the House of Representatives: + +It gives me pleasure to congratulate you upon your return to the seat +of Government for the purpose of discharging your duties to the people +of the United States. Although the pestilence which had traversed the +Old World has entered our limits and extended its ravages over much of +our land, it has pleased Almighty God to mitigate its severity and +lessen the number of its victims compared with those who have fallen in +most other countries over which it has spread its terrors. Not with +standing this visitation, our country presents on every side marks of +prosperity and happiness unequaled, perhaps, in any other portion of +the world. If we fully appreciate our comparative condition, existing +causes of discontent will appear unworthy of attention, and, with +hearts of thankfulness to that divine Being who has filled our cup of +prosperity, we shall feel our resolution strengthened to preserve and +hand down to our posterity that liberty and that union which we have +received from our fathers, and which constitute the sources and the +shield of all our blessings. + +The relations of our country continue to present the same picture of +amicable intercourse that I had the satisfaction to hold up to your +view at the opening of your last session. The same friendly +professions, the same desire to participate in our flourishing +commerce, the same dispositions, evinced by all nations with whom we +have any intercourse. This desirable state of things may be mainly +ascribed to our undeviating practice of the rule which has long guided +our national policy, to require no exclusive privileges in commerce and +to grant none. It is daily producing its beneficial effect in the +respect shown to our flag, the protection of our citizens and their +property abroad, and in the increase of our navigation and the +extension of our mercantile operations. The returns which have been +made out since we last met will show an increase during the last +preceding year of more than 80 thousand tons in our shipping and of +near $40,000,000 in the aggregate of our imports and exports. + +Nor have we less reason to felicitate ourselves on the position of our +political than of our commercial concerns. They remain in the state in +which they were when I last addressed you--a state of prosperity and +peace, the effect of a wise attention to the parting advice of the +revered Father of his Country on this subject, condensed into a maxim +for the use of posterity by one of his most distinguished +successors--to cultivate free commerce and honest friendship with all +nations, but to make entangling alliances with none. A strict adherence +to this policy has kept us aloof from the perplexing questions that now +agitate the European world and have more than once deluged those +countries with blood. Should those scenes unfortunately recur, the +parties to the contest may count on a faithful performance of the +duties incumbent on us as a neutral nation, and our own citizens may +equally rely on the firm assertion of their neutral rights. + +With the nation that was our earliest friend and ally in the infancy of +our political existence the most friendly relations have subsisted +through the late revolutions of its Government, and, from the events of +the last, promise a permanent duration. It has made an approximation in +some of its political institutions to our own, and raised a monarch to +the throne who preserves, it is said, a friendly recollection of the +period during which he acquired among our citizens the high +consideration that could then have been produced by his personal +qualifications alone. + +Our commerce with that nation is gradually assuming a mutually +beneficial character, and the adjustment of the claims of our citizens +has removed the only obstacle there was to an intercourse not only +lucrative, but productive of literary and scientific improvement. + +From Great Britain I have the satisfaction to inform you that I +continue to receive assurances of the most amicable disposition, which +have on my part on all proper occasions been promptly and sincerely +reciprocated. The attention of that Government has latterly been so +much engrossed by matters of a deeply interesting domestic character +that we could not press upon it the renewal of negotiations which had +been unfortunately broken off by the unexpected recall of our minister, +who had commenced them with some hopes of success. My great object was +the settlement of questions which, though now dormant, might here-after +be revived under circumstances that would endanger the good +understanding which it is the interest of both parties to preserve +inviolate, cemented as it is by a community of language, manners, and +social habits, and by the high obligations we owe to our British +ancestors for many of our most valuable institutions and for that +system of representative government which has enabled us to preserve +and improve them. The question of our North-East boundary still +remains unsettled. In my last annual message I explained to you the +situation in which I found that business on my coming into office, and +the measures I thought it my duty to pursue for asserting the rights of +the United States before the sovereign who had been chosen by my +predecessor to determine the question, and also the manner in which he +had disposed of it. A special message to the Senate in their executive +capacity afterwards brought before them to the question whether they +would advise a submission to the opinion of the sovereign arbiter. That +body having considered the award as not obligatory and advised me to +open a further negotiation, the proposition was immediately made to the +British Government, but the circumstances to which I have alluded have +hitherto prevented any answer being given to the overture. Early +attention, however, has been promised to the subject, and every effort +on my part will be made for a satisfactory settlement of this question, +interesting to the Union generally, and particularly so to one of its +members. + +The claims of our citizens on Spain are not yet acknowledged. On a +closer investigation of them than appears to have heretofore taken +place it was discovered that some of these demands, however strong they +might be upon the equity of that Government, were not such as could be +made the subject of national interference; and faithful to the +principle of asking nothing but what was clearly right, additional +instructions have been sent to modify our demands so as to embrace +those only on which, according to the laws of nations, we had a strict +right to insist. An inevitable delay in procuring the documents +necessary for this review of the merits of these claims retarded this +operation until an unfortunate malady which has afflicted His Catholic +Majesty prevented an examination of them. Being now for the first time +presented in an unexceptionable form, it is confidently hoped that the +application will be successful. + +I have the satisfaction to inform you that the application I directed +to be made for the delivery of a part of the archives of Florida, which +had been carried to The Havannah, has produced a royal order for their +delivery, and that measures have been taken to procure its execution. + +By the report of the Secretary of State communicated to you on June +25th, 1832 you were informed of the conditional reduction obtained by +the minister of the United States at Madrid of the duties on tonnage +levied on American shipping in the ports of Spain. The condition of +that reduction having been complied with on our part by the act passed +July 13th, 1832, I have the satisfaction to inform you that our ships +now pay no higher nor other duties in the continental ports of Spain +than are levied on their national vessels. + +The demands against Portugal for illegal captures in the blockade of +Terceira have been allowed to the full amount of the accounts presented +by the claimants, and payment was promised to be made in three +installments. The first of these has been paid; the second, although +due, had not at the date of our last advices been received, owing, it +was alleged, to embarrassments in the finances consequent on the civil +war in which that nation is engaged. + +The payments stipulated by the convention with Denmark have been +punctually made, and the amount is ready for distribution among the +claimants as soon as the board, now sitting, shall have performed their +functions. + +I regret that by the last advices from our charge d'affaires at Naples +that Government had still delayed the satisfaction due to our citizens, +but at that date the effect of the last instructions was not known. +Dispatches from thence are hourly expected, and the result will be +communicated to you without delay. + +With the rest of Europe our relations, political and commercial, remain +unchanged. Negotiations are going on to put on a permanent basis the +liberal system of commerce now carried on between us and the Empire of +Russia. The treaty concluded with Austria is executed by His Imperial +Majesty with the most perfect good faith, and as we have no diplomatic +agent at his Court he personally inquired into and corrected a +proceeding of some of his subaltern officers to the injury of our +consul in one of his ports. + +Our treaty with the Sublime Porte is producing its expected effects on +our commerce. New markets are opening for our commodities and a more +extensive range for the employment of our ships. A slight augmentation +of the duties on our commerce, inconsistent with the spirit of the +treaty, had been imposed, but on the representation of our charge +d'affaires it has been promptly withdrawn, and we now enjoy the trade +and navigation of the Black Sea and of all the ports belonging to the +Turkish Empire and Asia on the most perfect equality with all foreign +nations. + +I wish earnestly that in announcing to you the continuance of +friendship and the increase of a profitable commercial intercourse with +Mexico, with Central America, and the States of the South I could +accompany it with the assurance that they all are blessed with that +internal tranquillity and foreign peace which their heroic devotion to +the cause of their independence merits. In Mexico a sanguinary struggle +is now carried on, which has caused some embarrassment to our commerce, +but both parties profess the most friendly disposition toward us. To +the termination of this contest we look for the establishment of that +secure intercourse so necessary to nations whose territories are +contiguous. How important it will be to us we may calculate from the +fact that even in this unfavorable state of things our maritime +commerce has increased, and an internal trade by caravans from St. +Louis to Santa Fe, under the protection of escorts furnished by the +Government, is carried on to great advantage and is daily increasing. +The agents provided for by the treaty, with this power to designate the +boundaries which it established, have been named on our part, but one +of the evils of the civil war now raging there has been that the +appointment of those with whom they were to cooperate has not yet been +announced to us. + +The Government of Central America has expelled from its territory the +party which some time since disturbed its peace. Desirous of fostering +a favorable disposition toward us, which has on more than one occasion +been evinced by this interesting country, I made a second attempt in +this year to establish a diplomatic intercourse with them; but the +death of the distinguished citizen whom I had appointed for that +purpose has retarded the execution of measures from which I hoped much +advantage to our commerce. The union of the three States which formed +the Republic of Colombia has been dissolved, but they all, it is +believed, consider themselves as separately bound by the treaty which +was made in their federal capacity. The minister accredited to the +federation continues in that character near the Government of New +Grenada, and hopes were entertained that a new union would be formed +between the separate States, at least for the purposes of foreign +intercourse. Our minister has been instructed to use his good offices, +when ever they shall be desired, to produce the reunion so much to be +wished for, the domestic tranquillity of the parties, and the security +and facility of foreign commerce. + +Some agitations naturally attendant on an infant reign have prevailed +in the Empire of Brazil, which have had the usual effect upon +commercial operations, and while they suspended the consideration of +claims created on similar occasions, they have given rise to new +complaints on the part of our citizens. A proper consideration for +calamities and difficulties of this nature has made us less urgent and +peremptory in our demands for justice than duty to our fellow citizens +would under other circumstances have required. But their claims are not +neglected, and will on all proper occasions be urged, and it is hoped +with effect. + +I refrain from making any communication on the subject of our affairs +with Buenos Ayres, because the negotiation communicated to you in my +last annual message was at the date of our last advices still pending +and in a state that would render a publication of the details +inexpedient. + +A treaty of amity and commerce has been formed with the Republic of +Chili, which, if approved by the Senate, will be laid before you. That +Government seems to be established, and at peace with its neighbors; +and its ports being the resorts of our ships which are employed in the +highly important trade of the fisheries, this commercial convention can +not but be of great advantage to our fellow citizens engaged in that +perilous but profitable business. + +Our commerce with the neighboring State of Peru, owing to the onerous +duties levied on our principal articles of export, has been on the +decline, and all endeavors to procure an alteration have hitherto +proved fruitless. With Bolivia we have yet no diplomatic intercourse, +and the continual contests carried on between it and Peru have made me +defer until a more favorable period the appointment of any agent for +that purpose. + +An act of atrocious piracy having been committed on one of our trading +ships by the inhabitants of a settlement on the west coast of Sumatra, +a frigate was dispatched with orders to demand satisfaction for the +injury if those who committed it should be found to be members of a +regular government, capable of maintaining the usual relations with +foreign nations; but if, as it was supposed and as they proved to be, +they were a band of lawless pirates, to inflict such a chastisement as +would deter them and others from like aggressions. This last was done, +and the effect has been an increased respect for our flag in those +distant seas and additional security for our commerce. + +In the view I have given of our connection with foreign powers +allusions have been made to their domestic disturbances or foreign +wars, to their revolutions or dissensions. It may be proper to observe +that this is done solely in cases where those events affect our +political relations with them, or to show their operation on our +commerce. Further than this it is neither our policy nor our right to +interfere. Our best wishes on all occasions, our good offices when +required, will be afforded to promote the domestic tranquillity and +foreign peace of all nations with whom we have any intercourse. Any +intervention in their affairs further than this, even by the expression +of an official opinion, is contrary to our principles of international +policy, and will always be avoided. + +The report which the Secretary of the Treasury will in due time lay +before you will exhibit the national finances in a highly prosperous +state. Owing to the continued success of our commercial enterprise, +which has enabled the merchants to fulfill their engagements with the +Government, the receipts from customs during the year will exceed the +estimate presented at the last session, and with the other means of the +Treasury will prove fully adequate not only to meet the increased +expenditures resulting from the large appropriations made by Congress, +but to provide for the payment of all the public debt which is at +present redeemable. + +It is now estimated that the customs will yield to the Treasury during +the present year upward of $28,000,000. The public lands, however, have +proved less productive than was anticipated, and according to present +information will not much exceed $2,000,000. The expenditures for all +objects other than the public debt are estimated to amount during the +year to about $16,500,000, while a still larger sum, viz, $18,000,000, +will have been applied to the principal and interest of the public +debt. It is expected, however, that in consequence of the reduced +rates of duty which will take effect after March 3d, 1833 there will be +a considerable falling off in the revenue from customs in the year +1833. It will never the less be amply sufficient to provide for all the +wants of the public service, estimated even upon a liberal scale, and +for the redemption and purchase of the remainder of the public debt. On +January 1st, 1833 the entire public debt of the United States, funded +and unfunded, will be reduced to within a fraction of $7,000,000, of +which $2,227,363 are not of right redeemable until January 1st, 1834 +and $4,735,296 not until January 2d, 1835. The commissioners of the +sinking funds, however, being invested with full authority to purchase +the debt at the market price, and the means of the Treasury being +ample, it may be hoped that the whole will be extinguished within the +year 1833. + +I can not too cordially congratulate Congress and my fellow citizens on +the near approach of that memorable and happy event--the extinction of +the public debt of this great and free nation. + +Faithful to the wise and patriotic policy marked out by the legislation +of the country for this object, the present Administration has devoted +to it all the means which a flourishing commerce has supplied and a +prudent economy preserved for the public Treasury. Within the four +years for which the people have confided the Executive power to my +charge $58,000,000 will have been applied to the payment of the public +debt. That this has been accomplished without stinting the expenditures +for all other proper objects will be seen by referring to the liberal +provision made during the same period for the support and increase of +our means of maritime and military defense, for internal improvements +of a national character, for the removal and preservation of the +Indians, and, lastly, for the gallant veterans of the Revolution. + +The final removal of this great burthen from our resources affords the +means of further provision for all the objects of general welfare and +public defense which the Constitution authorizes, and presents the +occasion for such further reductions in the revenue as may not be +required for them. From the report of the Secretary of the Treasury it +will be seen that after the present year such a reduction may be made +to a considerable extent, and the subject is earnestly recommended to +the consideration of Congress in the hope that the combined wisdom of +the representatives of the people will devise such means of effecting +that salutary object as may remove those burthens which shall be found +to fall unequally upon any and as may promote all the great interests +of the community. + +Long and patient reflection has strengthened the opinions I have +heretofore expressed to Congress on this subject, and I deem it my duty +on the present occasion again to urge them upon the attention of the +Legislature. The soundest maxims of public policy and the principals +upon which our republican institutions are founded recommend a proper +adaptation of the revenue to the expenditure, and they also require +that the expenditure shall be limited to what, by an economical +administration, shall be consistent with the simplicity of the +Government and necessary to an efficient public service. + +In effecting this adjustment it is due, in justice to the interests of +the different States, and even to the preservation of the Union itself, +that the protection afforded by existing laws to any branches of the +national industry should not exceed what may be necessary to counteract +the regulations of foreign nations and to secure a supply of those +articles of manufacture essential to the national independence and +safety in time of war. If upon investigation it shall be found, as it +is believed it will be, that the legislative protection granted to any +particular interest is greater than is indispensably requisite for +these objects, I recommend that it be gradually diminished, and that as +far as may be consistent with these objects the whole scheme of duties +be reduced to the revenue standard as soon as a just regard to the +faith of the Government and to the preservation of the large capital +invested in establishments of domestic industry will permit. + +That manufactures adequate to the supply of our domestic consumption +would in the abstract be beneficial to our country there is no reason +to doubt, and to effect their establishment there is perhaps no +American citizen who would not for a while be willing to pay a higher +price for them. But for this purpose it is presumed that a tariff of +high duties, designed for perpetual protection, which they maintain has +the effect to reduce the price by domestic competition below that of +the foreign article. Experience, however, our best guide on this as on +other subjects, makes it doubtful whether the advantages of this system +are not counter-balanced by many evils, and whether it does not tend to +beget in the minds of a large portion of our country-men a spirit of +discontent and jealousy dangerous to the stability of the Union. + +What, then, shall be done? Large interests have grown up under the +implied pledge of our national legislation, which it would seem a +violation of public faith suddenly to abandon. Nothing could justify it +but the public safety, which is the supreme law. But those who have +vested their capital in manufacturing establishments can not expect +that the people will continue permanently to pay high taxes for their +benefit, when the money is not required for any legitimate purpose in +the administration of the Government. Is it not enough that the high +duties have been paid as long as the money arising from them could be +applied to the common benefit in the extinguishment of the public debt? + +Those who take an enlarged view of the condition of our country must be +satisfied that the policy of protection must be ultimately limited to +those articles of domestic manufacture which are indispensable to our +safety in time of war. Within this scope, on a reasonable scale, it is +recommended by every consideration of patriotism and duty, which will +doubtless always secure to it a liberal and efficient support. But +beyond this object we have already seen the operation of the system +productive of discontent. In some sections of the Republic its +influence is deprecated as tending to concentrate wealth into a few +hands, and as creating those germs of dependence and vice which in +other countries have characterized the existence of monopolies and +proved so destructive of liberty and the general good. A large portion +of the people in one section of the Republic declares it not only +inexpedient on these grounds, but as disturbing the equal relations of +property by legislation, and therefore unconstitutional and unjust. + +Doubtless these effects are in a great degree exaggerated, and may be +ascribed to a mistaken view of the considerations which led to the +adoption of the tariff system; but they are never the less important in +enabling us to review the subject with a more thorough knowledge of all +its bearings upon the great interests of the Republic, and with a +determination to dispose of it so that none can with justice complain. + +It is my painful duty to state that in one quarter of the United States +opposition to the revenue laws has arisen to a height which threatens +to thwart their execution, if not to endanger the integrity of the +Union. What ever obstructions may be thrown in the way of the judicial +authorities of the General Government, it is hoped they will be able +peaceably to overcome them by the prudence of their own officers and +the patriotism of the people. But should this reasonable reliance on +the moderation and good sense of all portions of our fellow citizens be +disappointed, it is believed that the laws themselves are fully +adequate to the suppression of such attempts as may be immediately +made. Should the exigency arise rendering the execution of the existing +laws impracticable from any cause what ever, prompt notice of it will +be given to Congress, with a suggestion of such views and measures as +may be deemed necessary to meet it. + +In conformity with principles heretofore explained, and with the hope +of reducing the General Government to that simple machine which the +Constitution created and of withdrawing from the States all other +influence than that of its universal beneficence in preserving peace, +affording an uniform currency, maintaining the inviolability of +contracts, diffusing intelligence, and discharging unfelt its other +super-intending functions, I recommend that provision be made to +dispose of all stocks now held by it in corporations, whether created +by the General or State Governments, and placing the proceeds in the +Treasury. As a source of profit these stocks are of little or no value; +as a means of influence among the States they are adverse to the purity +of our institutions. The whole principle on which they are based is +deemed by many unconstitutional, and to persist in the policy which +they indicate is considered wholly inexpedient. + +It is my duty to acquaint you with an arrangement made by the Bank of +the United States with a portion of the holders of the 3% stock, by +which the Government will be deprived of the use of the public funds +longer than was anticipated. By this arrangement, which will be +particularly explained by the Secretary of the Treasury, a surrender of +the certificates of this stock may be postponed until October, 1833, +and thus may be continued by the failure of the bank to perform its +duties. + +Such measures as are within the reach of the Secretary of the Treasury +have been taken to enable him to judge whether the public deposits in +that institution may be regarded as entirely safe; but as his limited +power may prove inadequate to this object, I recommend the subject to +the attention of Congress, under the firm belief that it is worthy of +their serious investigation. An inquiry into the transactions of the +institution, embracing the branches as well as the principal bank, +seems called for by the credit which is given throughout the country to +many serious charges impeaching its character, and which if true may +justly excite the apprehension that it is no longer a safe depository +of the money of the people. + +Among the interests which merit the consideration of Congress after the +payment of the public debt, one of the most important, in my view, is +that of the public lands. Previous to the formation of our present +Constitution it was recommended by Congress that a portion of the waste +lands owned by the States should be ceded to the United States for the +purposes of general harmony and as a fund to meet the expenses of the +war. The recommendation was adopted, and at different periods of time +the States of Massachusetts, New York, Virginia, North and South +Carolina, and Georgia granted their vacant soil for the uses for which +they had been asked. As the lands may now be considered as relieved +from this pledge, it is in the discretion of Congress to dispose of +them in such way as best to conduce to the quiet, harmony, and general +interest of the American people. In examining this question all local +and sectional feelings should be discarded and the whole United States +regarded as one people, interested alike in the prosperity of their +common country. + +It can not be doubted that the speedy settlement of these lands +constitutes the true interest of the Republic. The wealth and strength +of a country are its population, and the best part of that population +are cultivators of the soil. Independent farmers are every where the +basis of society and true friends of liberty. + +In addition to these considerations questions have already arisen, and +may be expected hereafter to grow out of the public lands, which +involve the rights of the new States and the powers of the General +Government, and unless a liberal policy be now adopted there is danger +that these questions may speedily assume an importance not now +generally anticipated. The influence of a great sectional interest, +when brought into full action, will be found more dangerous to the +harmony and union of the States than any other cause of discontent, and +it is the part of wisdom and sound policy to foresee its approaches and +endeavor if possible to counteract them. + +Of the various schemes which have been hitherto proposed in regard to +the disposal of the public lands, none has yet received the entire +approbation of the National Legislature. Deeply impressed with the +importance of a speedy and satisfactory arrangement of the subject, I +deem it my duty on this occasion to urge it upon your consideration, +and to the propositions which have been heretofore suggested by others +to contribute those reflections which have occurred to me, in the hope +that they may assist you in your future deliberations. + +It seems to me to be our policy that the public lands shall cease as +soon as practicable to be a source of revenue, and that they be sold to +settlers in limited parcels at a price barely sufficient to reimburse +to the United States the expense of the present system and the cost +arising under our Indian compacts. The advantages of accurate surveys +and undoubted titles now secured to purchasers seem to forbid the +abolition of the present system, because none can be substituted which +will more perfectly accomplish these important ends. It is desirable, +however, that in convenient time this machinery be withdrawn from the +States, and that the right of soil and the future disposition of it be +surrendered to the States respectively in which it lies. + +The adventurous and hardy population of the West, besides contributing +their equal share of taxation under our impost system, have in the +progress of our Government, for the lands they occupy, paid into the +Treasury a large proportion of $40,000,000, and of the revenue received +therefrom but a small part has been expended among them. When to the +disadvantage of their situation in this respect we add the +consideration that it is their labor alone which gives real value to +the lands, and that the proceeds arising from their sale are +distributed chiefly among States which had not originally any claim to +them, and which have enjoyed the undivided emolument arising from the +sale of their own lands, it can not be expected that the new States +will remain longer contented with the present policy after the payment +of the public debt. To avert the consequences which may be apprehended +from this cause, to pub an end for ever to all partial and interested +legislation on the subject, and to afford to every American citizen of +enterprise the opportunity of securing an independent freehold, it +seems to me, therefore, best to abandon the idea of raising a future +revenue out of the public lands. + +In former messages I have expressed my conviction that the Constitution +does not warrant the application of the funds of the General Government +to objects of internal improvement which are not national in their +character, and, both as a means of doing justice to all interests and +putting an end to a course of legislation calculated to destroy the +purity of the Government, have urged the necessity of reducing the +whole subject to some fixed and certain rule. As there never will occur +a period, perhaps, more propitious than the present to the +accomplishment of this object, I beg leave to press the subject again +upon your attention. + +Without some general and well-defined principles ascertaining those +objects of internal improvement to which the means of the nation may be +constitutionally applied, it is obvious that the exercise of the power +can never be satisfactory. Besides the danger to which it exposes +Congress of making hasty appropriations to works of the character of +which they may be frequently ignorant, it promotes a mischievous and +corrupting influence upon elections by holding out to the people the +fallacious hope that the success of a certain candidate will make +navigable their neighboring creek or river, bring commerce to their +doors, and increase the value of their property. It thus favors +combinations to squander the treasure of the country upon a multitude +of local objects, as fatal to just legislation as to the purity of +public men. + +If a system compatible with the Constitution can not be devised which +is free from such tendencies, we should recollect that that instrument +provides within itself the mode of its amendment, and that there is, +therefore, no excuse for the assumption of doubtful powers by the +General Government. If those which are clearly granted shall be found +incompetent to the ends of its creation, it can at any time apply for +their enlargement; and there is no probability that such an +application, if founded on the public interest, will ever be refused. +If the propriety of the proposed grant be not sufficiently apparent to +command the assent of 3/4 of the States, the best possible reason why +the power should not be assumed on doubtful authority is afforded; for +if more than one quarter of the States are unwilling to make the grant +its exercise will be productive of discontents which will far +over-balance any advantages that could be derived from it. All must +admit that there is nothing so worthy of the constant solicitude of +this Government as the harmony and union of the people. + +Being solemnly impressed with the conviction that the extension of the +power to make internal improvements beyond the limit I have suggested, +even if it be deemed constitutional, is subversive of the best +interests of our country, I earnestly recommend to Congress to refrain +from its exercise in doubtful cases, except in relation to improvements +already begun, unless they shall first procure from the States such an +amendment of the Constitution as will define its character and +prescribe its bounds. If the States feel themselves competent to these +objects, why should this Government wish to assume the power? If they +do not, then they will not hesitate to make the grant. Both Governments +are the Governments of the people; improvements must be made with the +money of the people, and if the money can be collected and applied by +those more simple and economical political machines, the State +governments, it will unquestionably be safer and better for the people +than to add to the splendor, the patronage, and the power of the +General Government. But if the people of the several States think +otherwise they will amend the Constitution, and in their decision all +ought cheerfully to acquiesce. + +For a detailed and highly satisfactory view of the operations of the +War Department I refer you to the accompanying report of the Secretary +of War. + +The hostile incursions of the Sac and Fox Indians necessarily led to +the interposition of the Government. A portion of the troops, under +Generals Scott and Atkinson, and of the militia of the State of +Illinois were called into the field. After a harassing warfare, +prolonged by the nature of the country and by the difficulty of +procuring subsistence, the Indians were entirely defeated, and the +disaffected band dispersed or destroyed. The result has been creditable +to the troops engaged in the service. Severe as is the lesson to the +Indians, it was rendered necessary by their unprovoked aggressions, and +it is to be hoped that its impression will be permanent and salutary. + +This campaign has evinced the efficient organization of the Army and +its capacity for prompt and active service. Its several departments +have performed their functions with energy and dispatch, and the +general movement was satisfactory. + +Our fellow citizens upon the frontiers were ready, as they always are, +in the tender of their services in the hour of danger. But a more +efficient organization of our militia system is essential to that +security which is one of the principal objects of all governments. +Neither our situation nor our institutions require or permit the +maintenance of a large regular force. History offers too many lessons +of the fatal result of such a measure not to warn us against its +adoption here. The expense which attends it, the obvious tendency to +employ it because it exists and thus to engage in unnecessary wars, and +its ultimate danger to public liberty will lead us, I trust, to place +our principal dependence for protection upon the great body of the +citizens of the Republic. If in asserting rights or in repelling wrongs +war should come upon us, our regular force should be increased to an +extent proportional to the emergency, and our present small Army is a +nucleus around which such force could be formed and embodied. But for +the purposes of defense under ordinary circumstances we must rely upon +the electors of the country. Those by whom and for whom the Government +was instituted and is supported will constitute its protection in the +hour of danger as they do its check in the hour of safety. + +But it is obvious that the militia system is imperfect. Much time is +lost, much unnecessary expense incurred, and much public property +wasted under the present arrangement. Little useful knowledge is gained +by the musters and drills as now established, and the whole subject +evidently requires a thorough examination. Whether a plan of +classification remedying these defects and providing for a system of +instruction might not be adopted is submitted to the consideration of +Congress. The Constitution has vested in the General Government an +independent authority upon the subject of the militia which renders its +action essential to the establishment or improvement of the system, and +I recommend the matter to your consideration in the conviction that the +state of this important arm of the public defense requires your +attention. + +I am happy to inform you that the wise and humane policy of +transferring from the eastern to the western side of the Mississippi +the remnants of our aboriginal tribes, with their own consent and upon +just terms, has been steadily pursued, and is approaching, I trust, its +consummation. By reference to the report of the Secretary of War and to +the documents submitted with it you will see the progress which has +been made since your last session in the arrangement of the various +matters connected with our Indian relations. With one exception every +subject involving any question of conflicting jurisdiction or of +peculiar difficulty has been happily disposed of, and the conviction +evidently gains ground among the Indians that their removal to the +country assigned by the United States for their permanent residence +furnishes the only hope of their ultimate prosperity. + +With that portion of the Cherokees, however, living within the State of +Georgia it has been found impracticable as yet to make a satisfactory +adjustment. Such was my anxiety to remove all the grounds of complaint +and to bring to a termination the difficulties in which they are +involved that I directed the very liberal propositions to be made to +them which accompany the documents herewith submitted. They can not but +have seen in these offers the evidence of the strongest disposition on +the part of the Government to deal justly and liberally with them. An +ample indemnity was offered for their present possessions, a liberal +provision for their future support and improvement, and full security +for their private and political rights. What ever difference of opinion +may have prevailed respecting the just claims of these people, there +will probably be none respecting the liberality of the propositions, +and very little respecting the expediency of their immediate +acceptance. They were, however, rejected, and thus the position of +these Indians remains unchanged, as do the views communicated in my +message to the Senate of February 22d, 1831. + +I refer you to the annual report of the Secretary of the Navy, which +accompanies this message, for a detail of the operations of that branch +of the service during the present year. + +Besides the general remarks on some of the transactions of our Navy +presented in the view which has been taken of our foreign relations, I +seize this occasion to invite to your notice the increased protection +which it has afforded to our commerce and citizens on distant seas +without any augmentation of the force in commission. In the gradual +improvement of its pecuniary concerns, in the constant progress in the +collection of materials suitable for use during future emergencies, and +in the construction of vessels and the buildings necessary to their +preservation and repair, the present state of this branch of the +service exhibits the fruits of that vigilance and care which are so +indispensable to its efficiency. Various new suggestions, contained in +the annexed report, as well as others heretofore to Congress, are +worthy of your attention, but none more so than that urging the renewal +for another term of six years of the general appropriation for the +gradual improvement of the Navy. + +From the accompanying report of the Post Master General you will also +perceive that that Department continues to extend its usefulness +without impairing its resources or lessening the accommodations which +it affords in the secure and rapid transportation of the mail. + +I beg leave to call the attention of Congress to the views heretofore +expressed in relation to the mode of choosing the President and Vice- +President of the United States, and to those respecting the tenure of +office generally. Still impressed with the justness of those views and +with the belief that the modifications suggested on those subjects if +adopted will contribute to the prosperity and harmony of the country, I +earnestly recommend them to your consideration at this time. + +I have heretofore pointed out defects in the law for punishing official +frauds, especially within the District of Columbia. It has been found +almost impossible to bring notorious culprits to punishment, and, +according to a decision of the court for this District, a prosecution +is barred by a lapse of two years after the fraud has been committed. +It may happen again, as it has already happened, that during the whole +two years all the evidences of the fraud may be in the possession of +the culprit himself. However proper the limitation may be in relation +to private citizens, it would seem that it ought not to commence +running in favor of public officers until they go out of office. + +The judiciary system of the United States remains imperfect. Of the 9 +Western and South Western States, three only enjoy the benefits of a +circuit court. Ohio, Kentucky, and Tennessee are embraced in the +general system, but Indiana, Illinois, Missouri, Alabama, Mississippi, +and Louisiana have only district courts. If the existing system be a +good one, why should it not be extended? If it be a bad one, why is it +suffered to exist? The new States were promised equal rights and +privileges when they came into the Union, and such are the guaranties +of the Constitution. Nothing can be more obvious than the obligation of +the General Government to place all the States on the same footing in +relation to the administration of justice, and I trust this duty will +be neglected no longer. + +On many of the subjects to which your attention is invited in this +communication it is a source of gratification to reflect that the steps +to be now adopted are uninfluenced by the embarrassments entailed upon +the country by the wars through which it has passed. In regard to most +of our great interests we may consider ourselves as just starting in +our career, and after a salutary experience about to fix upon a +permanent basis the policy best calculated to promote the happiness of +the people and facilitate their progress toward the most complete +enjoyment of civil liberty. On an occasion so interesting and important +in our history, and of such anxious concern to the friends of freedom +throughout the world, it is our imperious duty to lay aside all selfish +and local considerations and be guided by a lofty spirit of devotion to +the great principles on which our institutions are founded. + +That this Government may be so administered as to preserve its +efficiency in promoting and securing these general objects should be +the only aim of our ambition, and we can not, therefore, too carefully +examine its structure, in order that we may not mistake its powers or +assume those which the people have reserved to themselves or have +preferred to assign to other agents. We should bear constantly in mind +the fact that the considerations which induced the framers of the +Constitution to withhold from the General Government the power to +regulate the great mass of the business and concerns of the people have +been fully justified by experience, and that it can not now be doubted +that the genius of all our institutions prescribes simplicity and +economy as the characteristics of the reform which is yet to be +effected in the present and future execution of the functions bestowed +upon us by the Constitution. + +Limited to a general superintending power to maintain peace at home and +abroad, and to prescribe laws on a few subjects of general interest not +calculated to restrict human liberty, but to enforce human rights, this +Government will find its strength and its glory in the faithful +discharge of these plain and simple duties. Relieved by its protecting +shield from the fear of war and the apprehension of oppression, the +free enterprise of our citizens, aided by the State sovereignties, will +work out improvements and ameliorations which can not fail to +demonstrate that the great truth that the people can govern themselves +is not only realized in our example, but that it is done by a machinery +in government so simple and economical as scarcely to be felt. That the +Almighty Ruler of the Universe may so direct our deliberations and +over-rule our acts as to make us instrumental in securing a result so +dear to mankind is my most earnest and sincere prayer. + +*** + +State of the Union Address +Andrew Jackson +December 3, 1833 + +Fellow Citizens of the Senate and of the House of Representatives: + +On your assembling to perform the high trusts which the people of the +United States have confided to you, of legislating for their common +welfare, it gives me pleasure to congratulate you upon the happy +condition of our beloved country. By the favor of Divine Providence +health is again restored to us, peace reigns within our borders, +abundance crowns the labors of our fields, commerce and domestic +industry flourish and increase, and individual happiness rewards the +private virtue and enterprise of our citizens. + +Our condition abroad is no less honorable than it is prosperous at +home. Seeking nothing that is not right and determined to submit to +nothing that is wrong, but desiring honest friendships and liberal +intercourse with all nations, the United States have gained throughout +the world the confidence and respect which are due to a policy so just +and so congenial to the character of the American people and to the +spirit of their institutions. + +In bringing to your notice the particular state of our foreign affairs, +it affords me high gratification to inform you that they are in a +condition which promises the continuance of friendship with all +nations. + +With Great Britain the interesting question of our North East boundary +remains still undecided. A negotiation, however, upon that subject has +been renewed since the close of the last Congress, and a proposition +has been submitted to the British Government with the view of +establishing, in conformity with the resolution of the Senate, the line +designated by the treaty of 1783. Though no definitive answer has been +received, it may be daily looked for, and I entertain a hope that the +overture may ultimately lead to a satisfactory adjustment of this +important matter. + +I have the satisfaction to inform you that a negotiation which, by +desire of the House of Representatives, was opened some years ago with +the British Government, for the erection of light houses on the +Bahamas, has been successful. Those works, when completed, together +with those which the United States have constructed on the western side +of the Gulf of Florida, will contribute essentially to the safety of +navigation in that sea. This joint participation in establishments +interesting to humanity and beneficial to commerce is worthy of two +enlightened nations, and indicates feelings which can not fail to have +a happy influence upon their political relations. It is gratifying to +the friends of both to perceive that the intercourse between the two +people is becoming daily more extensive, and that sentiments of mutual +good will have grown up befitting their common origin and justifying +the hope that by wise counsels on each side not only unsettled +questions may be satisfactorily terminated, but new causes of +misunderstanding prevented. + +Not withstanding that I continue to receive the most amicable +assurances from the Government of France, and that in all other +respects the most friendly relations exist between the United States +and that Government, it is to be regretted that the stipulations of the +convention concluded on July 4th, 1831 remain in some important parts +unfulfilled. + +By the second article of that convention it was stipulated that the sum +payable to the United States should be paid at Paris, in six annual +installments, into the hands of such person or persons as should be +authorized by the Government of the United States to receive it, and by +the same article the first installment was payable on February 2d, +1833. By the act of Congress of July 13th, 1832 it was made the duty of +the Secretary of the Treasury to cause the several installments, with +the interest thereon, to be received from the French Government and +transferred to the United States in such manner as he may deem best; +and by the same act of Congress the stipulations on the part of the +United States in the convention were in all respects fulfilled. Not +doubting that a treaty thus made and ratified by the two Governments, +and faithfully executed by the United States, would be promptly +complied with by the other party, and desiring to avoid the risk and +expense of intermediate agencies, the Secretary of the Treasury deemed +it advisable to receive and transfer the first installment by means of +a draft upon the French minister of finance. + +A draft for this purpose was accordingly drawn in favor of the cashier +of the Bank of the United States for the amount accruing to the United +States out of the first installment, and the interest payable with it. +This bill was not drawn at Washington until five days after the +installment was payable at Paris, and was accompanied by a special +authority from the President authorizing the cashier or his assigns to +receive the amount. The mode thus adopted of receiving the installment +was officially made known to the French Government by the American +charge d'affaires at Paris, pursuant to instructions from the +Department of State. The bill, however, though not presented for +payment until March 23d, 1833, was not paid, and for the reason +assigned by the French minister of finance that no appropriation had +been made by the French Chambers. It is not known to me that up to that +period any appropriation had been required of the Chambers, and +although a communication was subsequently made to the Chambers by +direction of the King, recommending that the necessary provision should +be made for carrying the convention into effect, it was at an advanced +period of the session, and the subject was finally postponed until the +next meeting of the Chambers. + +Not withstanding it has been supposed by the French ministry that the +financial stipulations of the treaty can not be carried into effect +without an appropriation by the Chambers, it appears to me to be not +only consistent with the character of France, but due to the character +of both Governments, as well as to the rights of our citizens, to treat +the convention, made and ratified in proper form, as pledging the good +faith of the French Government for its execution, and as imposing upon +each department an obligation to fulfill it; and I have received +assurances through our charge d'affaires at Paris and the French +minister plenipotentiary at Washington, and more recently through the +minister of the United States at Paris, that the delay has not +proceeded from any indisposition on the part of the King and his +ministers to fulfill their treaty, and that measures will be presented +at the next meeting of the Chambers, and with a reasonable hope of +success, to obtain the necessary appropriation. + +It is necessary to state, however, that the documents, except certain +lists of vessels captured, condemned, or burnt at sea, proper to +facilitate the examination and liquidation of the reclamations +comprised in the stipulations of the convention, and which by the 6th +article France engaged to communicate to the United States by the +intermediary of the legation, though repeatedly applied for by the +American charge d'affaires under instructions from this Government, +have not yet been communicated; and this delay, it is apprehended, will +necessarily prevent the completion of the duties assigned to the +commissioners within the time at present prescribed by law. + +The reasons for delaying to communicate these documents have not been +explicitly stated, and this is the more to be regretted as it is not +understood that the interposition of the Chambers is in any manner +required for the delivery of those papers. + +Under these circumstances, in a case so important to the interests of +our citizens and to the character of our country, and under +disappointments so unexpected, I deemed it my duty, however I might +respect the general assurances to which I have adverted, no longer to +delay the appointment of a minister plenipotentiary to Paris, but to +dispatch him in season to communicate the result of his application to +the French Government at an early period of your session. I accordingly +appointed a distinguished citizen for this purpose, who proceeded on +his mission in August last and was presented to the King early in the +month of October. He is particularly instructed as to all matters +connected with the present posture of affairs, and I indulge the hope +that with the representations he is instructed to make, and from the +disposition manifested by the King and his ministers in their recent +assurances to our minister at Paris, the subject will be early +considered, and satisfactorily disposed of at the next meeting of the +Chambers. + +As this subject involves important interests and has attracted a +considerable share of the public attention, I have deemed it proper to +make this explicit statement of its actual condition, and should I be +disappointed in the hope now entertained the subject will be again +brought to the notice of Congress in such manner as the occasion may +require. + +The friendly relations which have always been maintained between the +United States and Russia have been further extended and strengthened by +the treaty of navigation and commerce concluded on December 6th, 1832, +and sanctioned by the Senate before the close of its last session. The +ratifications having been since exchanged, the liberal provisions of +the treaty are now in full force, and under the encouragement which +they have secured a flourishing and increasing commerce, yielding its +benefits to the enterprise of both nations, affords to each the just +recompense of wise measures, and adds new motives for that mutual +friendship which the two countries have hitherto cherished toward each +other. + +It affords me peculiar satisfaction to state that the Government of +Spain has at length yielded to the justice of the claims which have +been so long urged in behalf of our citizens, and has expressed a +willingness to provide an indemnification as soon as the proper amount +can be agreed upon. Upon this latter point it is probable an +understanding had taken place between the minister of the United States +and the Spanish Government before the decease of the late King of +Spain; and, unless that event may have delayed its completion, there is +reason to hope that it may be in my power to announce to you early in +your present session the conclusion of a convention upon terms not less +favorable than those entered into for similar objects with other +nations. That act of justice would well accord with the character of +Spain, and is due to the United States from their ancient friend. It +could not fail to strengthen the sentiments of amity and good will +between the two nations which it is so much the wish of the United +States to cherish and so truly the interest of both to maintain. + +By the first section of an act of Congress passed on July 13th, 1832 +the tonnage duty on Spanish ships arriving from the ports of Spain +previous to October 20th, 1817, being five cents per ton. That act was +intended to give effect on our side to an arrangement made with the +Spanish Government by which discriminating duties of tonnage were to be +abolished in the ports of the United States and Spain on he vessels of +the two nations. Pursuant to that arrangement, which was carried into +effect on the part of Spain on May 20th, 1832, by a royal order dated +April 29th, 1832, American vessels in the ports of Spain have paid five +cents per ton, which rate of duty is also paid in those ports by +Spanish ships; but as American vessels pay no tonnage duty in the ports +of the United States, the duty of five cents payable in our ports by +Spanish vessels under the act above mentioned is really a +discriminating duty, operating to the disadvantage of Spain. + +Though no complaint has yet been made on the part of Spain, we are not +the less bound by the obligations of good faith to remove the +discrimination, and I recommend that the act be amended accordingly. As +the royal order above alluded to includes the ports of the Balearic and +Canary islands as well as those of Spain, it would seem that the +provisions of the act of Congress should be equally extensive, and that +for the repayments of such duties as may have been improperly received +an addition should be made to the sum appropriated at the last session +of Congress for refunding discriminating duties. + +As the arrangement referred to, however, did not embrace the islands of +Cuba and Puerto Rico, discriminating duties to the prejudice of +American shipping continue to be levied there. From the extent of the +commerce carried on between the United States and those islands, +particularly the former, this discrimination causes serious injury to +one of those great national interests which it has been considered an +essential part of our policy to cherish, and has given rise to +complaints on the part of our merchants. Under instructions given to +our minister at Madrid, earnest representations have been made by him +to the Spanish Government upon this subject, and there is reason to +expect, from the friendly disposition which is entertained toward this +country, that a beneficial change will be produced. + +The disadvantage, however, to which our shipping is subjected by the +operation of these discriminating duties requires that they be met by +suitable countervailing duties during your present session, power being +at the same time vested in the President to modify or discontinue them +as the discriminating duties on American vessels or their cargoes may +be modified or discontinued at those islands. Intimations have been +given to the Spanish Government that the United States may be obliged +to resort to such measures as are of necessary self-defense, and there +is no reason to apprehend that it would be unfavorably received. The +proposed proceeding if adopted would not be permitted, however, in any +degree to induce a relaxation in the efforts of our minister to effect +a repeal of this irregularity by friendly negotiation, and it might +serve to give force to his representations by showing the dangers to +which that valuable trade is exposed by the obstructions and burdens +which a system of discriminating and countervailing duties necessarily +produces. + +The selection and preparation of the Florida archives for the purpose +of being delivered over to the United States, in conformity with the +royal order as mentioned in my last annual message, though in progress, +has not yet been completed. This delay has been produced partly by +causes which were unavoidable, particularly the prevalence of the +cholera at Havana; but measures have been taken which it is believed +will expedite the delivery of those important records. + +Congress were informed at the opening of the last session that "owing, +as was alleged, to embarrassments in the finances of Portugal, +consequent upon the civil war in which that nation was engaged", +payment had been made of only one installment of the amount which the +Portuguese Government had stipulated to pay for indemnifying our +citizens for property illegally captured in the blockade of Terceira. +Since that time a postponement for two years, with interest, of the two +remaining installments was requested by the Portuguese Government, and +as a consideration it offered to stipulate that rice of the United +States should be admitted into Portugal at the same duties as Brazilian +rice. Being satisfied that no better arrangement could be made, my +consent was given, and a royal order of the King of Portugal was +accordingly issued on February 4th, 1833 for the reduction of the duty +on rice of the United States. It would give me great pleasure if in +speaking of that country, in whose prosperity the United States are so +much interested, and with whom a long-subsisting, extensive, and +mutually advantageous commercial intercourse has strengthened the +relation of friendship, I could announce to you the restoration of its +internal tranquillity. + +Subsequently to the commencement of the last session of Congress the +final installment payable by Denmark under the convention of March +28th, 1830 was received. The commissioners for examining the claims +have since terminated their labors, and their awards have been paid at +the Treasury as they have been called for. The justice rendered to our +citizens by that Government is thus completed, and a pledge is thereby +afforded for the maintenance of that friendly intercourse becoming the +relations that the two nations mutually bear to each other. + +It is satisfactory to inform you that the Danish Government have +recently issued an ordinance by which the commerce with the island of +St. Croix is placed on a more liberal footing than heretofore. This +change can not fail to prove beneficial to the trade between the United +States and that colony, and the advantages likely to flow from it may +lead to greater relaxations in the colonial systems of other nations. + +The ratifications of the convention with the King of the two Sicilies +have been duly exchanged, and the commissioners appointed for examining +the claims under it have entered upon the duties assigned to them by +law. The friendship that the interests of the two nations require of +them being now established, it may be hoped that each will enjoy the +benefits which a liberal commerce should yield to both. + +A treaty of amity and commerce between the United States and Belgium +was concluded during the last winter and received the sanction of the +Senate, but the exchange of the ratifications has been hitherto +delayed, in consequence, in the first instance, of some delay in the +reception of the treaty at Brussels, and, subsequently, of the absence +of the Belgian minister of foreign affairs at the important conferences +in which his Government is engaged at London. That treaty does but +embody those enlarged principles of friendly policy which it is +sincerely hoped will always regulate the conduct of the two nations +having such strong motives to maintain amicable relations toward each +other and so sincerely desirous to cherish them. + +With all the other European powers with whom the United States have +formed diplomatic relations and with the Sublime Porte the best +understanding prevails. From all I continue to receive assurances of +good will toward the United States--assurances which it gives me no +less pleasure to reciprocate than to receive. With all, the engagements +which have been entered into are fulfilled with good faith on both +sides. Measures have also been taken to enlarge our friendly relations +and extend our commercial intercourse with other States. The system we +have pursued of aiming at no exclusive advantages, of dealing with all +on terms of fair and equal reciprocity, and of adhering scrupulously to +all our engagements is well calculated to give success to efforts +intended to be mutually beneficial. + +The wars of which the southern part of this continent was so long the +theater, and which were carried on either by the mother country against +the States which had formerly been her colonies or by the States +against each other, having terminated, and their civil dissensions +having so far subsided as with few exceptions no longer to disturb the +public tranquillity, it is earnestly hoped those States will be able to +employ themselves without interruption in perfecting their +institutions, cultivating the arts of peace, and promoting by wise +councils and able exertions the public and private prosperity which +their patriotic struggles so well entitle them to enjoy. + +With those States our relations have under-gone but little change +during the present year. No reunion having yet taken place between the +States which composed the Republic of Colombia, our charge d'affaires +at Bogota has been accredited to the Government of New Grenada, and we +have, therefore, no diplomatic relations with Venezuela and Equator, +except as they may be included in those heretofore formed with the +Colombian Republic. + +It is understood that representatives from the three states were about +to assemble at Bogota to confer on the subject of their mutual +interests, particularly that of their union, and if the result should +render it necessary, measures will be taken on our part to preserve +with each that friendship and those liberal commercial connections +which it has been the constant desire of the United States to cultivate +with their sister Republics of this hemisphere. Until the important +question of reunion shall be settled, however, the different matters +which have been under discussion between the United States and the +Republic of Colombia, or either of the States which composed it, are +not likely to be brought to a satisfactory issue. + +In consequence of the illness of the charge d'affaires appointed to +Central America at the last session of Congress, he was prevented from +proceeding on his mission until the month of October. It is hoped, +however, that he is by this time at his post, and that the official +intercourse, unfortunately so long interrupted, has been thus renewed +on the part of the two nations so amicably and advantageously connected +by engagements founded on the most enlarged principles of commercial +reciprocity. + +It is gratifying to state that since my last annual message some of the +most important claims of our fellow citizens upon the Government of +Brazil have been satisfactorily adjusted, and a reliance is placed on +the friendly dispositions manifested by it that justice will also be +done in others. No new causes of complaint have arisen, and the trade +between the two countries flourishes under the encouragement secured to +it by the liberal provisions of the treaty. + +It is cause of regret that, owing, probably, to the civil dissensions +which have occupied the attention of the Mexican Government, the time +fixed by the treaty of limits with the United States for the meeting of +the commissioners to define the boundaries between the two nations has +been suffered to expire without the appointment of any commissioners on +the part of that Government. While the true boundary remains in doubt +by either party it is difficult to give effect to those measures which +are necessary to the protection and quiet of our numerous citizens +residing near that frontier. The subject is one of great solicitude to +the United States, and will not fail to receive my earnest attention. + +The treaty concluded with Chili and approved by the Senate at its last +session was also ratified by the Chilian Government, but with certain +additional and explanatory articles of a nature to have required it to +be again submitted to the Senate. The time limited for the exchange of +the ratification, however, having since expired, the action of both +Governments on the treaty will again become necessary. + +The negotiations commenced with the Argentine Republic relative to the +outrages committed on our vessels engaged in the fisheries at the +Falkland Islands by persons acting under the color of its authority, as +well as the other matters in controversy between the two Governments, +have been suspended by the departure of the charge d'affaires of the +United States from Buenos Ayres. It is understood, however, that a +minister was subsequently appointed by that Government to renew the +negotiation in the United States, but though daily expected he has not +yet arrived in this country. + +With Peru no treaty has yet been formed, and with Bolivia no diplomatic +intercourse has yet been established. It will be my endeavor to +encourage those sentiments of amity and that liberal commerce which +belong to the relations in which all the independent States of this +continent stand toward each other. + +I deem it proper to recommend to your notice the revision of our +consular system. This has become an important branch of the public +service, in as much as it is intimately connected with the preservation +of our national character abroad, with the interest of our citizens in +foreign countries, with the regulation and care of our commerce, and +with the protection of our sea men. At the close of the last session of +Congress I communicated a report from the Secretary of State upon the +subject, to which I now refer, as containing information which may be +useful in any inquiries that Congress may see fit to institute with a +view to a salutary reform of the system. + +It gives me great pleasure to congratulate you upon the prosperous +condition of the finances of the country, as will appear from the +report which the Secretary of the Treasury will in due time lay before +you. The receipts into the Treasury during the present year will amount +to more than $32,000,000. The revenue derived from customs will, it is +believed, be more than $28,000,000, and the public lands will yield +about $3,0900,000. The expenditures within the year for all objects, +including $2,572,240.99 on account of the public debt, will not amount +to $25,000,000, and a large balance will remain in the Treasury after +satisfying all the appropriations chargeable on the revenue for the +present year. + +The measures taken by the Secretary of the Treasury will probably +enable to pay off in the course of the present year the residue of the +exchanged 4.5% stock, redeemable on January 1st, 1834. It has therefore +been included in the estimated expenditures of this year, and forms a +part of the sum above stated to have been paid on account of the public +debt. The payment of this stock will reduce the whole debt of the +United States, funded and unfunded, to the sum of $4,760,082.08, and as +provision has already been made for the 4.5% stocks above mentioned, +and charged in the expenses of the present year, the sum last stated is +all that now remains of the national debt; and the revenue of the +coming year, together with the balance now in the Treasury, will be +sufficient to discharge it, after meeting the current expenses of the +Government. Under the power given to the commissioners of the sinking +fund, it will, I have no doubt, be purchased on favorable terms within +the year. + +From this view of the state of the finances and the public engagements +yet to be fulfilled you will perceive that if Providence permits me to +meet you at another session I shall have the high gratification of +announcing to you that the national debt is extinguished. I can not +refrain from expressing the pleasure I feel at the near approach of +that desirable event. The short period of time within which the public +debt will have been discharged is strong evidence of the abundant +resources of the country and of the prudence and economy with which the +Government has heretofore been administered. We have waged two wars +since we became a nation, with one of the most powerful kingdoms in the +world, both of them undertaken in defense of our dearest rights, been +successfully prosecuted and honorably terminated; and many of those who +partook in the first struggle as well as in the second will have lived +to see the last item of the debt incurred in these necessary but +expensive conflicts faithfully and honestly discharged. And we shall +have the proud satisfaction of bequeathing to the public servants who +follow us in the administration of the Government the rare blessing of +a revenue sufficiently abundant, raised without injustice or oppression +to our citizens, and unencumbered with any burdens but what they +themselves shall think proper to impose upon it. + +The flourishing state of the finances ought not, however, to encourage +us to indulge in a lavish expenditure of the public treasure. The +receipts of the present year do not furnish the test by which we are to +estimate the income of the next. The changes made in our revenue system +by the acts of Congress of 1832 and 1833, and more especially by the +former, have swelled the receipts of the present year far beyond the +amount to be expected in future years upon the reduced tariff of +duties. The shortened credits on revenue bonds and the cash duties on +woolens which were introduced by the act of 1832, and took effect on +March 4th, 1832, have brought large sums into the Treasury in 1833, +which, according to the credits formerly given, would not have been +payable until 1834, and would have formed a part of the income of that +year. These causes would of themselves produce a great diminution of +the receipts in the year 1834 as compared with the present one, and +they will be still more diminished by the reduced rates of duties which +take place on January 1st, 1834 on some of the most important and +productive articles. + +Upon the best estimates that can be made the receipts of the next year, +with the aid of the unappropriated amount now in the Treasury, will not +be much more than sufficient to meet the expenses of the year and pay +the small remnant of the national debt which yet remains unsatisfied. I +can not, therefore, recommend to you any alteration in the present +tariff of duties. The rate as now fixed by law on the various articles +was adopted at the last session of Congress, as a matter of compromise, +with unusual unanimity, and unless it is found to produce more than the +necessities of the Government call for there would seem to be no reason +at this time to justify a change. + +But while I forbear to recommend any further reduction of the duties +beyond that already provided for by the existing laws, I must earnestly +and respectfully press upon Congress the importance of abstaining from +all appropriations which are not absolutely required for the public +interest and authorized by the powers clearly delegated to the United +States. We are beginning a new era in our Government. The national +debt, which has so long been a burden on the Treasury, will be finally +discharged in the course of the ensuing year. No more memory will +afterwards be needed than what may be necessary to meet the ordinary +expenses of the Government. Now, then, is the proper moment to fix our +system of expenditure on firm and durable principles, and I can not too +strongly urge the necessity of a rigid economy and an inflexible +determination not to enlarge the income beyond the real necessities of +the Government and not to increase the wants of the Government by +unnecessary and profuse expenditures. + +If a contrary course should be pursued, it may happen that the revenue +of 1834 will fall short of the demands upon it, and after reducing the +tariff in order to lighten the burdens of the people, and providing for +a still further reduction to take effect hereafter, it would be much to +be deplored if at the end of another year we should find ourselves +obliged to retrace our steps and impose additional taxes to meet +unnecessary expenditures. + +It is my duty on this occasion to call your attention to the +destruction of the public building occupied by the Treasury Department, +which happened since the last adjournment of Congress. A thorough +inquiry into the causes of this loss was directed and made at the time, +the result of which will be duly communicated to you. I take pleasure, +however, in stating here that by the laudable exertions of the officers +of the Department and many of the citizens of the District but few +papers were lost, and none that will materially affect the public +interest. + +The public convenience requires that another building should be erected +as soon as practicable, and in providing for it it will be advisable to +enlarge in some manner the accommodations for the public officers of +the several Departments, and to authorize the erection of suitable +depositories for the safe-keeping of the public documents and records. + +Since the last adjournment of Congress the Secretary of the Treasury +has directed the money of the United States to be deposited in certain +State banks designated by him, and he will immediately lay before you +his reasons for this direction. I concur with him entirely in the view +he has taken on the subject, and some months before the removal I urged +upon the Department the propriety of taking that step. The near +approach of the day on which the charger will expire, as well as the +conduct of the bank, appeared to me to call for this measure upon the +high considerations of public interest and public duty. The extent of +its misconduct, however, although known to be great, was not at that +time fully developed by proof. It was not until late in the month of +August that I received from the Government directors an official report +establishing beyond question that this great and powerful institution +had been actively engaged in attempting to influence the elections of +the public officers by means of its money, and that, in violation of +the express provisions of its charter, it had by a formal resolution +placed its funds at the disposition of its president to be employed in +sustaining the political power of the bank. A copy of this resolution +is contained in the report of the Government directors before referred +to, and how ever the object may be disguised by cautious language, no +one can doubt that this money was in truth intended for electioneering +purposes, and the particular uses to which it was proved to have been +applied abundantly show that it was so understood. Not only was the +evidence complete as to the past application of the money and power of +the bank to electioneering purposes, but that the resolution of the +board of directors authorized the same course to be pursued in future. + +It being thus established by unquestionable proof that the Bank of the +United States was converted into a permanent electioneering engine, it +appeared to me that the path of duty which the executive department of +the Government ought to pursue was not doubtful. As by the terms of the +bank charter no officer but the Secretary of the Treasury could remove +the deposits, it seemed to me that this authority ought to be at once +exerted to deprive that great corporation of the support and +countenance of the Government in such an use of its and such an +exertion of its power. In this point of the case the question is +distinctly presented whether the people of the United States are to +govern through representatives chosen by their unbiased suffrages or +whether the money and power of a great corporation are to be secretly +exerted to influence their judgment and control their decisions. It +must now be determined whether the bank is to have its candidates for +all offices in the country, from the highest to the lowest, or whether +candidates on both sides of political questions shall be brought +forward as heretofore and supported by the usual means. + +At this time the efforts of the bank to control public opinion, through +the distresses of some and the fears of others, are equally apparent, +and, if possible, more objectionable. By a curtailment of its +accommodations more rapid than any emergency requires, and even while +it retains specie to an almost unprecedented amount in its vaults, it +is attempting to produce great embarrassment in one portion of the +community, while through presses known to have been sustained by its +money it attempts by unfounded alarms to create a panic in all. + +These are the means by which it seems to expect that it can force a +restoration of the deposits, and as a necessary consequence extort from +Congress a renewal of its charter. I am happy to know that through the +good sense of our people the effort to get up a panic has hitherto +failed, and that through the increased accommodations which the State +banks have been enabled to afford, no public distress has followed the +exertions of the bank, and it can not be doubted that the exercise of +its power and the expenditure of its money, as well as its efforts to +spread groundless alarm, will be met and rebuked as they deserve. In my +own sphere of duty I should feel myself called on by the facts +disclosed to order a scire facias against the bank, with a view to put +an end to the chartered rights it has so palpably violated, were it not +that the charter itself will expire as soon as a decision would +probably be obtained from the court of last resort. + +I called the attention of Congress to this subject in my last annual +message, and informed them that such measures as were within the reach +of the Secretary of the Treasury had been taken to enable him to judge +whether the public deposits in the Bank of the United States were +entirely safe; but that as his single powers might be inadequate to the +object, I recommended the subject to Congress as worthy of their +serious investigation, declaring it as my opinion that an inquiry into +the transactions of that institution, embracing the branches as well as +the principal bank, was called for by the credit which was given +throughout the country to many serious charges impeaching their +character, and which, if true, might justly excite the apprehension +that they were no longer a safe depository for the public money. The +extent to which the examination thus recommended was gone into is +spread upon your journals, and is too well known to require to be +stated. Such as was made resulted in a report from a majority of the +Committee of Ways and Means touching certain specified points only, +concluding with a resolution that the Government deposits might safely +be continued in the Bank of the United States. This resolution was +adopted at the close of the session by the vote of a majority of the +House of Representatives. + +Although I may not always be able to concur in the views of the public +interest or the duties of its agents which may be taken by the other +departments of the Government or either of its branches, I am, not +withstanding, wholly incapable of receiving otherwise than with the +most sincere respect all opinions or suggestions proceeding from such a +source, and in respect to none am I more inclined to do so than to the +House of Representatives. But it will be seen from the brief views at +this time taken of the subject by myself, as well as the more ample +ones presented by the Secretary of the Treasury, that the change in the +deposits which has been ordered has been deemed to be called for by +considerations which are not affected by the proceedings referred to, +and which, if correctly viewed by that Department, rendered its act a +matter of imperious duty. + +Coming as you do, for the most part, immediately from the people and +the States by election, and possessing the fullest opportunity to know +their sentiments, the present Congress will be sincerely solicitous to +carry into full and fair effect the will of their constituents in +regard to this institution. It will be for those in whose behalf we all +act to decide whether the executive department of the Government, in +the steps which it has taken on this subject, has been found in the +line of its duty. + +The accompanying report of the Secretary of War, with the documents +annexed to it, exhibits the operations of the War Department for the +past year and the condition of the various subjects intrusted to its +administration. + +It will be seen from them that the Army maintains the character it has +heretofore acquired for efficiency and military knowledge. Nothing has +occurred since your last session to require its services beyond the +ordinary routine duties which upon the sea-board and the in-land +frontier devolve upon it in a time of peace. The system so wisely +adopted and so long pursued of constructing fortifications at exposed +points and of preparing and collecting the supplies necessary for the +military defense of the country, and thus providently furnishing in +peace the means of defense in war, has been continued with the usual +results. I recommend to your consideration the various subjects +suggested in the report of the Secretary of War. Their adoption would +promote the public service and meliorate the condition of the Army. + +Our relations with the various Indian tribes have been undisturbed +since the termination of the difficulties growing out of the hostile +aggressions of the Sac and Fox Indians. Several treaties have been +formed for the relinquishment of territory to the United States and for +the migration of the occupants of the region assigned for their +residence West of the Mississippi. Should these treaties be ratified by +the Senate, provision will have been made for the removal of almost all +the tribes remaining E of that river and for the termination of many +difficult and embarrassing questions arising out of their anomalous +political condition. + +It is to be hoped that those portions of two of the Southern tribes, +which in that event will present the only remaining difficulties, will +realize the necessity of emigration, and will speedily resort to it. My +original convictions upon this subject have been confirmed by the +course of events for several years, and experience is every day adding +to their strength. That those tribes can not exist surrounded by our +settlements and in continual contact with our citizens is certain. They +have neither the intelligence, the industry, the moral habits, nor the +desire of improvement which are essential to any favorable change in +their condition. Established in the midst of another and a superior +race, and without appreciating the causes of their inferiority or +seeking to control them, they must necessarily yield to the force of +circumstances and ere long disappear. + +Such has been their fate heretofore, and if it is to be averted--and it +is--it can only be done by a general removal beyond our boundary and by +the reorganization of their political system upon principles adapted to +the new relations in which they will be placed. The experiment which +has been recently made has so far proved successful. The emigrants +generally are represented to be prosperous and contented, the country +suitable to their wants and habits, and the essential articles of +subsistence easily procured. When the report of the commissioners now +engaged in investigating the condition and prospects of these Indians +and in devising a plan for their intercourse and government is +received, I trust ample means of information will be in possession of +the Government for adjusting all the unsettled questions connected with +this interesting subject. + +The operations of the Navy during the year and its present condition +are fully exhibited in the annual report from the Navy Department. + +Suggestions are made by the Secretary of various improvements, which +deserve careful consideration, and most of which, if adopted, bid fair +to promote the efficiency of this important branch of the public +service. Among these are the new organization of the Navy Board, the +revision of the pay to officers, and a change in the period of time or +in the manner of making the annual appropriations, to which I beg leave +to call your particular attention. + +The views which are presented on almost every portion of our naval +concerns, and especially on the amount of force and the number of +officers, and the general course of policy appropriate in the present +state of our country for securing the great and useful purposes of +naval protection in peace and due preparation for the contingencies of +war, meet with my entire approbation. + +It will be perceived from the report referred to that the fiscal +concerns of the establishment are in an excellent condition, and it is +hoped that Congress may feel disposed to make promptly every suitable +provision desired either for preserving or improving the system. + +The general Post Office Department has continued, upon the strength of +its own resources, to facilitate the means of communication between the +various portions of the Union with increased activity. The method, +however, in which the accounts of the transportation of the mail have +always been kept appears to have presented an imperfect view of its +expenses. It has recently been discovered that from the earliest +records of the Department the annual statements have been calculated to +exhibit an amount considerably short of the actual expense incurred for +that service. These illusory statements, together with the expense of +carrying into effect the law of the last session of Congress +establishing new mail routes, and a disposition on the part of the head +of the Department to gratify the wishes of the public in the extension +of mail facilities, have induced him to incur responsibilities for +their improvement beyond what the current resources of the Department +would sustain. As soon as he had discovered the imperfection of the +method he caused an investigation to be made of its results and applied +the proper remedy to correct the evil. It became necessary for him to +withdraw some of the improvements which he had made to bring the +expenses of the Department within its own resources. These expenses +were incurred for the public good, and the public have enjoyed their +benefit. They are now but partially suspended, and that where they may +be discontinued with the least inconvenience to the country. + +The progressive increase in the income from postages has equaled the +highest expectations, and it affords demonstrative evidence of the +growing importance and great utility of this Department. The details +are exhibited in the accompanying report of the Post Master General. + +The many distressing accidents which have of late occurred in that +portion of our navigation carried on by the use of steam power deserve +the immediate and unremitting attention of the constituted authorities +of the country. The fact that the number of those fatal disasters is +constantly increasing, not withstanding the great improvements which +are every where made in the machinery employed and in the rapid +advances which have made in that branch of science, shows very clearly +that they are in a great degree the result of criminal negligence on +the part of those by whom the vessels are navigated and to whose care +and attention the lives and property of our citizens are so extensively +intrusted. + +That these evils may be greatly lessened, if not substantially removed, +by means of precautionary and penal legislation seems to be highly +probably. So far, therefore, as the subject can be regarded as within +the constitutional purview of Congress I earnestly recommend it to your +prompt and serious consideration. + +I would also call your attention to the views I have heretofore +expressed of the propriety of amending the Constitution in relation to +the mode of electing the President and the Vice-President of the United +States. Regarding it as all important to the future quiet and harmony +of the people that every intermediate agency in the election of these +officers should be removed and that their eligibility should be limited +to one term of either four or six years, I can not too earnestly invite +your consideration of the subject. + +Trusting that your deliberations on all the topics of general interest +to which I have adverted, and such others as your more extensive +knowledge of the wants of our beloved country may suggest, may be +crowned with success, I tender you in conclusion the cooperation which +it may be in my power to afford them. + +*** + +State of the Union Address +Andrew Jackson +December 1, 1834 + +Fellow Citizens of the Senate and of the House of Representatives: + +In performing my duty at the opening of your present session it gives +me pleasure to congratulate you again upon the prosperous condition of +our beloved country. Divine Providence has favored us with general +health, with rich rewards in the fields of agriculture and in every +branch of labor, and with peace to cultivate and extend the various +resources which employ the virtue and enterprise of our citizens. Let +us trust that in surveying a scene so flattering to our free +institutions our joint deliberations to preserve them may be crowned +with success. + +Our foreign relations continue, with but few exceptions, to maintain +the favorable aspect which they bore in my last annual message, and +promise to extend those advantages which the principles that regulate +our intercourse with other nations are so well calculated to secure. + +The question of our North East boundary is still pending with Great +Britain, and the proposition made in accordance with the resolution of +the Senate for the establishment of a line according to the treaty of +1783 has not been accepted by that Government. Believing that every +disposition is felt on both sides to adjust this perplexing question to +the satisfaction of all the parties interested in it, the hope is yet +indulged that it may be effected on the basis of that proposition. + +With the Governments of Austria, Russia, Prussia, Holland, Sweden, and +Denmark the best understanding exists. Commerce with all is fostered +and protected by reciprocal good will under the sanction of liberal +conventional or legal provisions. + +In the midst of her internal difficulties the Queen of Spain has +ratified the convention for the payment of the claims of our citizens +arising since 1819. It is in the course of execution on her part, and a +copy of it is now laid before you for such legislation as may be found +necessary to enable those interested to derive the benefits of it. + +Yielding to the force of circumstances and to the wise counsels of time +and experience, that power has finally resolved no longer to occupy the +unnatural position in which she stood to the new Governments +established in this hemisphere. I have the great satisfaction of +stating to you that in preparing the way for the restoration of harmony +between those who have sprung from the same ancestors, who are allied +by common interests, profess the same religion, and speak the same +language the United States have been actively instrumental. Our efforts +to effect this good work will be persevered in while they are deemed +useful to the parties and our entire disinterestedness continues to be +felt and understood. The act of Congress to countervail the +discriminating duties to the prejudice of our navigation levied in Cuba +and Puerto Rico has been transmitted to the minister of the United +States at Madrid, to be communicated to the Government of the Queen. No +intelligence of its receipt has yet reached the Department of State. If +the present condition of the country permits the Government to make a +careful and enlarged examination of the true interests of these +important portions of its dominions, no doubt is entertained that their +future intercourse with the United States will be placed upon a more +just and liberal basis. + +The Florida archives have not yet been selected and delivered. Recent +orders have been sent to the agent of the United States at Havana to +return with all that he can obtain, so that they may be in Washington +before the session of the Supreme Court, to be used in the legal +questions there pending to which the Government is a party. + +Internal tranquillity is happily restored to Portugal. The distracted +state of the country rendered unavoidable the postponement of a final +payment of the just claims of our citizens. Our diplomatic relations +will be soon resumed, and the long-subsisting friendship with that +power affords the strongest guaranty that the balance due will receive +prompt attention. + +The first installment due under the convention of indemnity with the +King of the Two Sicilies has been duly received, and an offer has been +made to extinguish the whole by a prompt payment--an offer I did not +consider myself authorized to accept, as the indemnification provided +is the exclusive property of individual citizens of the United States. +The original adjustment of our claims and the anxiety displayed to +fulfill at once the stipulations made for the payment of them are +highly honorable to the Government of the Two Sicilies. When it is +recollected that they were the result of the injustice of an intrusive +power temporarily dominant in its territory, a repugnance to +acknowledge and to pay which would have been neither unnatural nor +unexpected, the circumstances can not fail to exalt its character for +justice and good faith in the eyes of all nations. + +The treaty of amity and commerce between the United States and Belgium, +brought to your notice in my last annual message as sanctioned by the +Senate, but the ratifications of which had not been exchanged owing to +a delay in its reception at Brussels and a subsequent absence of the +Belgian minister of foreign affairs, has been, after mature +deliberation, finally disavowed by that Government as inconsistent with +the powers and instructions given to their minister who negotiated it. +This disavowal was entirely unexpected, as the liberal principles +embodied in the convention, and which form the ground-work of the +objections to it, were perfectly satisfactory to the Belgian +representative, and were supposed to be not only within the powers +granted, but expressly conformable to the instructions given to him. An +offer, not yet accepted, has been made by Belgium to renew negotiations +for a treaty less liberal in its provisions on questions of general +maritime law. + +Our newly established relations with the Sublime Porte promise to be +useful to our commerce and satisfactory in every respect to this +Government. Our intercourse with the Barbary Powers continues without +important change, except that the present political state of Algiers +has induced me to terminate the residence there of a salaried consul +and to substitute an ordinary consulate, to remain so long as the place +continues in the possession of France. Our first treaty with one of +these powers, the Emperor of Morocco, was formed in 1786, and was +limited to fifty years. That period has almost expired. I shall take +measures to renew it with the greater satisfaction as its stipulations +are just and liberal and have been, with mutual fidelity and reciprocal +advantage, scrupulously fulfilled. + +Intestine dissensions have too frequently occurred to mar the +prosperity, interrupt the commerce, and distract the governments of +most of the nations of this hemisphere which have separated themselves +from Spain. When a firm and permanent understanding with the parent +country shall have produced a formal acknowledgment of their +independence, and the idea of danger from that quarter can be no longer +entertained, the friends of freedom expect that those countries, so +favored by nature, will be distinguished for their love of justice and +their devotion to those peaceful arts the assiduous cultivation of +which confers honor upon nations and gives value to human life. + +In the mean time I confidently hope that the apprehensions entertained +that some of the people of these luxuriant regions may be tempted, in a +moment of unworthy distrust of their own capacity for the enjoyment of +liberty, to commit the too common error of purchasing present repose by +bestowing on some favorite leaders the fatal gift of irresponsible +power will not be realized. With all these Governments and with that of +Brazil no unexpected changes in our relations have occurred during the +present year. + +Frequent causes of just complaint have arisen upon the part of the +citizens of the United States, some times from the irregular action of +the constituted subordinate authorities of the maritime regions and +some times from the leaders or partisans of those in arms against the +established Governments. In all cases representations have been or will +be made, and as soon as their political affairs are in a settled +position it is expected that our friendly remonstrances will be +followed by adequate redress. + +The Government of Mexico made known in December last the appointment of +commissioners and a surveyor on its part to run, in conjunction with +ours, the boundary line between its territories and the United States, +and excused the delay for the reasons anticipated--the prevalence of +civil war. The commissioners and surveyors not having met within the +time stipulated by the treaty, a new arrangement became necessary, and +our charge d'affaires was instructed in January, 1833 to negotiate in +Mexico an article additional to the pre-existing treaty. This +instruction was acknowledged, and no difficulty was apprehended in the +accomplishment of that object. By information just received that +additional article to the treaty will be obtained and transmitted to +this country as soon as it can receive the ratification of the Mexican +Congress. + +The reunion of the three States of New Grenada, Venezuela, and Equador, +forming the Republic of Colombia, seems every day to become more +improbable. The commissioners of the two first are understood to be now +negotiating a just division of the obligations contracted by them when +united under one government. The civil war in Equador, it is believed, +has prevented even the appointment of a commissioner on its part. + +I propose at an early day to submit, in the proper form, the +appointment of a diplomatic agent to Venezuela, the importance of the +commerce of that country to the United States and the large claims of +our citizens upon the Government arising before and since the division +of Colombia rendering it, in my judgment, improper longer to delay this +step. + +Our representatives to Central America, Peru, and Brazil are either at +or on their way to their respective posts. + +From the Argentine Republic, from which a minister was expected to this +Government, nothing further has been heard. Occasion has been taken on +the departure of a new consul to Buenos Ayres to remind that Government +that its long delayed minister, whose appointment had been made known +to us, had not arrived. + +It becomes my unpleasant duty to inform you that this pacific and +highly gratifying picture of our foreign relations does not include +those with France at this time. It is not possible that any Government +and people could be more sincerely desirous of conciliating a just and +friendly intercourse with another nation than are those of the United +States with their ancient ally and friend. This disposition is founded +as well on the most grateful and honorable recollections associated +with our struggle for independence as upon a well grounded conviction +that it is consonant with the true policy of both. The people of the +United States could not, therefore, see without the deepest regret even +a temporary interruption of the friendly relations between the two +countries--a regret which would, I am sure, be greatly aggravated if +there should turn out to be any reasonable ground for attributing such +a result to any act of omission or commission on our part. I derive, +therefore, the highest satisfaction from being able to assure you that +the whole course of this Government has been characterized by a spirit +so conciliatory and for bearing as to make it impossible that our +justice and moderation should be questioned, what ever may be the +consequences of a longer perseverance on the part of the French +Government in her omission to satisfy the conceded claims of our +citizens. + +The history of the accumulated and unprovoked aggressions upon our +commerce committed by authority of the existing Governments of France +between the years 1800 and 1817 has been rendered too painfully +familiar to Americans to make its repetition either necessary or +desirable. It will be sufficient here to remark that there has for many +years been scarcely a single administration of the French Government by +whom the justice and legality of the claims of our citizens to +indemnity were not to a very considerable extent admitted, and yet near +a quarter of a century has been wasted in ineffectual negotiations to +secure it. + +Deeply sensible of the injurious effects resulting from this state of +things upon the interests and character of both nations, I regarded it +as among my first duties to cause one more effort to be made to satisfy +France that a just and liberal settlement of our claims was as well due +to her own honor as to their incontestable validity. The negotiation +for this purpose was commenced with the late Government of France, and +was prosecuted with such success as to leave no reasonable ground to +doubt that a settlement of a character quite as liberal as that which +was subsequently made would have been effected had not the revolution +by which the negotiation was cut off taken place. The discussions were +resumed with the present Government, and the result showed that we were +not wrong in supposing that an event by which the two Governments were +made to approach each other so much nearer in their political +principles, and by which the motives for the most liberal and friendly +intercourse were so greatly multiplied, could exercise no other than a +salutary influence upon the negotiation. + +After the most deliberate and thorough examination of the whole subject +a treaty between the two Governments was concluded and signed at Paris +on July 4th, 1831, by which it was stipulated that "the French +Government, in order to liberate itself from all the reclamations +preferred against it by citizens of the United States for unlawful +seizures, captures, sequestrations, confiscations, or destruction of +their vessels, cargoes, or other property, engages to pay a sum of +25,000,000 francs to the United States, who shall distribute it among +those entitled in the manner and according to the rules it shall +determine"; and it was also stipulated on the part of the French +Government that this 25,000,000 francs should be paid at Paris, in six +annual installments of 4,166,666 francs and 66 centimes each, into the +hands of such person or persons "as shall be authorized by the +Government of the United States to receive it", the first installment +to be paid "at the expiration of one year next following the exchange +of the ratifications of this convention and the others at successive +intervals of a year, one after another, 'til the whole shall be paid. +To the amount of each of the said installments shall be added interest +at 4% thereupon, as upon the other installments then remaining unpaid, +the said interest to be computed from the day of the exchange of the +present convention". + +It was also stipulated on the part of the United States, for the +purpose of being completely liberated from all the reclamations +presented by France on behalf of its citizens, that the sum of +1,500,000 francs should be paid to the Government of France in six +annual installments, to be deducted out of the annual sums which France +had agreed to pay, interest thereupon being in like manner computed +from the day of the exchange of the ratifications. In addition to this +stipulation, important advantages were secured to France by the +following article, viz: The wines of France, from and after the +exchange of the ratifications of the present conventions, shall be +admitted to consumption in the States of the Union at duties which +shall not exceed the following rates by the gallon (such as it is used +at present for wines in the United States), to wit: six cents for red +wines in casks; ten cents for white wines in casks, and 22 cents for +wines of all sorts in bottles. The proportions existing between the +duties on French wines thus reduced and the general rates of the tariff +which went into operation January 1st, 1829, shall be maintained in +case the Government of the United States should think proper to +diminish those general rates in a new tariff. + +In consideration of this stipulation, which shall be binding on the +United States for ten years, the French Government abandons the +reclamations which it had formed in relation to the 8th article of the +treaty of cession of Louisiana. It engages, moreover, to establish on +the long-staple cottons of the United States which after the exchange +of the ratifications of the present convention shall be brought +directly thence to France by the vessels of the United States or by +French vessels the same duties as on short-staple cotton. This treaty +was duly ratified in the manner prescribed by the constitutions of both +countries, and the ratification was exchanged at the city of Washington +on February 2d, 1832. On account of its commercial stipulations it was +in five days thereafter laid before the Congress of the United States, +which proceeded to enact such laws favorable to the commerce of France +as were necessary to carry it into full execution, and France has from +that period to the present been in the unrestricted enjoyment of the +valuable privileges that were thus secured to her. + +The faith of the French nation having been thus solemnly pledged +through its constitutional organ for the liquidation and ultimate +payment of the long deferred claims of our citizens, as also for the +adjustment of other points of great and reciprocal benefits to both +countries, and the United States having, with a fidelity and +promptitude by which their conduct will, I trust, be always +characterized, done every thing that was necessary to carry the treaty +into full and fair effect on their part, counted with the most perfect +confidence on equal fidelity and promptitude on the part of the French +Government. In this reasonable expectation we have been, I regret to +inform you, wholly disappointed. No legislative provision has been made +by France for the execution of the treaty, either as it respects the +indemnity to be paid or the commercial benefits to be secured to the +United States, and the relations between the United States and that +power in consequence thereof are placed in a situation threatening to +interrupt the good understanding which has so long and so happily +existed between the two nations. + +Not only has the French Government been thus wanting in the performance +of the stipulations it has so solemnly entered into with the United +States, but its omissions have been marked by circumstances which would +seem to leave us without satisfactory evidences that such performance +will certainly take place at a future period. Advice of the exchange of +ratifications reached Paris prior to April 8th, 1832. The French +Chambers were then sitting, and continued in session until April 21st, +1832, and although one installment of the indemnity was payable on +February 2d, 1833, one year after the exchange of ratifications, no +application was made to the Chambers for the required appropriation, +and in consequence of no appropriation having then been made the draft +of the United States Government for that installment was dishonored by +the minister of finance, and the United States thereby involved in much +controversy. + +The next session of the Chambers commenced on November 19th, 1832, and +continued until April 25th, 1833. Not withstanding the omission to pay +the first installment had been made the subject of earnest remonstrance +on our part, the treaty with the United States and a bill making the +necessary appropriations to execute it were not laid before the Chamber +of Deputies until April 6th, 1833, nearly five months after its +meeting, and only nineteen days before the close of the session. The +bill was read and referred to a committee, but there was no further +action upon it. + +The next session of the Chambers commenced on April 26th, 1833, and +continued until June 26th, 1833. A new bill was introduced on June +11th, 1833, but nothing important was done in relation to it during the +session. + +In 1834 April, nearly three years after the signature of the treaty, +the final action of the French Chambers upon the bill to carry the +treaty into effect was obtained, and resulted in a refusal of the +necessary appropriations. The avowed grounds upon which the bill was +rejected are to be found in the published debates of that body, and no +observations of mine can be necessary to satisfy Congress of their +utter insufficiency. Although the gross amount of the claims of our +citizens is probably greater than will be ultimately allowed by the +commissioners, sufficient is, never the less, shown to render it +absolutely certain that the indemnity falls far short of the actual +amount of our just claims, independently of the question of damages and +interest for the detention. That the settlement involved a sacrifice in +this respect was well known at the time--a sacrifice which was +cheerfully acquiesced in by the different branches of the Federal +Government, whose action upon the treaty was required from a sincere +desire to avoid further collision upon this old and disturbing subject +and in the confident expectation that the general relations between the +two countries would be improved thereby. + +The refusal to vote the appropriation, the news of which was received +from our minister in Paris about May 15th, 1834, might have been +considered the final determination of the French Government not to +execute the stipulations of the treaty, and would have justified an +immediate communication of the facts to Congress, with a recommendation +of such ultimate measures as the interest and honor of the United +States might seem to require. But with the news of the refusal of the +Chambers to make the appropriation were conveyed the regrets of the +King and a declaration that a national vessel should be forthwith sent +out with instructions to the French minister to give the most ample +explanations of the past and the strongest assurances for the future. +After a long passage the promised dispatch vessel arrived. + +The pledges given by the French minister upon receipt of his +instructions were that as soon after the election of the new members as +the charter would permit the legislative Chambers of France should be +called together and the proposition for an appropriation laid before +them; that all the constitutional powers of the King and his cabinet +should be exerted to accomplish the object, and that the result should +be made known early enough to be communicated to Congress at the +commencement of the present session. Relying upon these pledges, and +not doubting that the acknowledged justice of our claims, the promised +exertions of the King and his cabinet, and, above all, that sacred +regard for the national faith and honor for which the French character +has been so distinguished would secure an early execution of the treaty +in all its parts, I did not deem it necessary to call the attention of +Congress to the subject at the last session. + +I regret to say that the pledges made through the minister of France +have not been redeemed. The new Chambers met on July 31st, 1834, and +although the subject of fulfilling treaties was alluded to in the +speech from the throne, no attempt was made by the King or his cabinet +to procure an appropriation to carry it into execution. The reasons +given for this omission, although they might be considered sufficient +in an ordinary case, are not consistent with the expectations founded +upon the assurances given here, for there is no constitutional obstacle +to entering into legislative business at the first meeting of the +Chambers. This point, however, might have been over-looked had not the +Chambers, instead of being called to meet at so early a day that the +result of their deliberations might be communicated to me before the +meeting of Congress, been prorogued to December 29th, 1834--a period so +late that their decision can scarcely be made known to the present +Congress prior to its dissolution. To avoid this delay our minister in +Paris, in virtue of the assurance given by the French minister in the +United States, strongly urged the convocation of the Chambers at an +earlier day, but without success. It is proper to remark, however, that +this refusal has been accompanied with the most positive assurances on +the part of the executive government of France of their intention to +press the appropriation at the ensuing session of the Chambers. + +The executive branch of this Government has, as matters stand, +exhausted all the authority upon the subject with which it is invested +and which it had any reason to believe could be beneficially employed. + +The idea of acquiescing in the refusal to execute the treaty will not, +I am confident, be for a moment entertained by any branch of this +Government, and further negotiation upon the subject is equally out of +the question. + +If it shall be the pleasure of Congress to await the further action of +the French Chambers, no further consideration of the subject will at +this session probably be required at your hands. But if from the +original delay in asking for an appropriation, from the refusal of the +Chambers to grant it when asked, from the omission to bring the subject +before the Chambers at their last session, from the fact that, +including that session, there have been five different occasions when +the appropriation might have been made, and from the delay in convoking +the Chambers until some weeks after the meeting of Congress, when it +was well known that a communication of the whole subject to Congress at +the last session was prevented by assurances that it should be disposed +of before its present meeting, you should feel yourselves constrained +to doubt whether it be the intention of the French Government, in all +its branches, to carry the treaty into effect, and think that such +measures as the occasion may be deemed to call for should be now +adopted, the important question arises what those measures shall be. + +Our institutions are essentially pacific. Peace and friendly +intercourse with all nations are as much the desire of our Government +as they are the interest of our people. But these objects are not to be +permanently secured by surrendering the rights of our citizens or +permitting solemn treaties for their indemnity, in cases of flagrant +wrong, to be abrogated or set aside. + +It is undoubtedly in the power of Congress seriously to affect the +agricultural and manufacturing interests of France by the passage of +laws relating to her trade with the United States. Her products, +manufactures, and tonnage may be subjected to heavy duties in our +ports, or all commercial intercourse with her may be suspended. But +there are powerful and to my mind conclusive objections to this mode of +proceeding. + +We can not embarrass or cut off the trade of France without at the same +time in some degree embarrassing or cutting off our own trade. The +injury of such a warfare must fall, though unequally, upon our own +citizens, and could not but impair the means of the Government and +weaken that united sentiment in support of the rights and honor of the +nation which must now pervade every bosom. Nor is it impossible that +such a course of legislation would introduce once more into our +national councils those disturbing questions in relation to the tariff +of duties which have been so recently put to rest. Besides, by every +measure adopted by the Government of the United States with the view of +injuring France the clear perception of right which will induce our own +people and the rulers and people of all other nations, even of France +herself, to pronounce our quarrel just will be obscured and the support +rendered to us in a final resort to more decisive measures will be more +limited and equivocal. + +There is but one point of controversy, and upon that the whole +civilized world must pronounce France to be in the wrong. We insist +that she shall pay us a sum of money which she has acknowledged to be +due, and of the justice of this demand there can be but one opinion +among mankind. True policy would seem to dictate that the question at +issue should be kept thus disencumbered and that not the slightest +pretense should be given to France to persist in her refusal to make +payment by any act on our part affecting the interests of her people. +The question should be left, as it is now, in such an attitude that +when France fulfills her treaty stipulations all controversy will be at +an end. + +It is my conviction that the United States ought to insist on a prompt +execution of the treaty, and in case it be refused or longer delayed +take redress into their own hands. After the delay on the part of +France of a quarter of a century in acknowledging these claims by +treaty, it is not to be tolerated that another quarter of a century is +to be wasted in negotiating about the payment. The laws of nations +provide a remedy for such occasions. It is a well-settled principle of +the international code that where one nation owes another a liquidated +debt which it refuses or neglects to pay the aggrieved party may seize +on the property belonging to the other, its citizens or subjects, +sufficient to pay the debt without giving just cause of war. This +remedy has been repeatedly resorted to, and recently by France herself +toward Portugal, under circumstances less unquestionable. + +The time at which resort should be had to this or any other mode of +redress is a point to be decided by Congress. If an appropriation shall +not be made by the French Chambers at their next session, it may justly +be concluded that the Government of France has finally determined to +disregard its own solemn undertaking and refuse to pay an acknowledged +debt. In that event every day's delay on our part will be a stain upon +our national honor, as well as a denial of justice to our injured +citizens. Prompt measures, when the refusal of France shall be +complete, will not only be most honorable and just, but will have the +best effect upon our national character. + +Since France, in violation of the pledges given through her minister +here, has delayed her final action so long that her decision will not +probably be known in time to be communicated to this Congress, I +recommend that a law be passed authorizing reprisals upon French +property in case provision shall not be made for the payment of the +debt at the approaching session of the French Chambers. Her pride and +power are too well known to expect any thing from her fears and +preclude the necessity of a declaration that nothing partaking of the +character of intimidation is intended by us. She ought to look upon it +as the evidence only of an inflexible determination on the part of the +United States to insist on their rights. + +That Government, by doing only what it has itself acknowledged to be +just, will be able to spare the United States the necessity of taking +redress into their own hands and save the property of French citizens +from that seizure and sequestration which American citizens so long +endured without retaliation or redress. If she should continue to +refuse that act of acknowledged justice and, in violation of the law of +nations, make reprisals on our part the occasion of hostilities against +the United States, she would but add violence to injustice, and could +not fail to expose herself to the just censure of civilized nations and +to the retributive judgments of Heaven. + +Collision with France is the more to be regretted on account of the +position she occupies in Europe in relation to liberal institutions, +but in maintaining our national rights and honor all governments are +alike to us. If by a collision with France in a case where she is +clearly in the wrong the march of liberal principles shall be impeded, +the responsibility for that result as well as every other will rest on +her own head. + +Having submitted these considerations, it belongs to Congress to decide +whether after what has taken place it will still await the further +action of the French Chambers or now adopt such provisional measures as +it may deem necessary and best adapted to protect the rights and +maintain the honor of the country. What ever that decision may be, it +will be faithfully enforced by the Executive as far as he is authorized +so to do. + +According to the estimate of the Treasury Department, the revenue +accruing from all sources during the present year will amount to +$20,624,717, which, with the balance remaining in the Treasury on +January 1st, 1834 of $11,702,905, produces an aggregate of $32,327,623. +The total expenditure during the year for all objects, including the +public debt, is estimated at $25,591,390, which will leave a balance in +the Treasury on January 1st, 1835 of $6,736,232. In this balance, +however, will be included about $1,150,000 of what was heretofore +reported by the Department as not effective. + +Of former appropriations it is estimated that there will remain +unexpended at the close of the year $8,002,925, and that of this sum +there will not be required more than $5,141,964 to accomplish the +objects of all the current appropriations. Thus it appears that after +satisfying all those appropriations and after discharging the last item +of our public debt, which will be done on January 1st, 1835, there will +remain unexpended in the Treasury an effective balance of about +$440,000. That such should be the aspect of our finances is highly +flattering to the industry and enterprise of our population and +auspicious of the wealth and prosperity which await the future +cultivation of their growing resources. It is not deemed prudent, +however, to recommend any change for the present in our impost rates, +the effect of the gradual reduction now in progress in many of them not +being sufficiently tested to guide us in determining the precise amount +of revenue which they will produce. + +Free from public debt, at peace with all the world, and with no +complicated interests to consult in our intercourse with foreign +powers, the present may be hailed as the epoch in our history the most +favorable for the settlement of those principles in our domestic policy +which shall be best calculated to give stability to our Republic and +secure the blessings of freedom to our citizens. + +Among these principles, from our past experience, it can not be doubted +that simplicity in the character of the Federal Government and a rigid +economy in its administration should be regarded as fundamental and +sacred. All must be sensible that the existence of the public debt, by +rendering taxation necessary for its extinguishment, has increased the +difficulties which are inseparable from every exercise of the taxing +power, and that it was in this respect a remote agent in producing +those disturbing questions which grew out of the discussions relating +to the tariff. If such has been the tendency of a debt incurred in the +acquisition and maintenance of our national rights and liberties, the +obligations of which all portions of the Union cheerfully acknowledged, +it must be obvious that what ever is calculated to increase the burdens +of Government without necessity must be fatal to all our hopes of +preserving its true character. + +While we are felicitating ourselves, therefore, upon the extinguishment +of the national debt and the prosperous state of our finances, let us +not be tempted to depart from those sound maxims of public policy which +enjoin a just adaptation of the revenue to the expenditures that are +consistent with a rigid economy and an entire abstinence from all +topics of legislation that are not clearly within the constitutional +powers of the Government and suggested by the wants of the country. +Properly regarded under such a policy, every diminution of the public +burdens arising from taxation gives to individual enterprise increased +power and furnishes to all the members of our happy Confederacy new +motives for patriotic affection and support. But above all, its most +important effect will be found in its influence upon the character of +the Government by confining its action to those objects which will be +sure to secure to it the attachment and support of our fellow citizens. + +Circumstances make it my duty to call the attention of Congress to the +Bank of the United States. Created for the convenience of the +Government, that institution has become the scourge of the people. Its +interference to postpone the payment of a portion of the national debt +that it might retain the public money appropriated for that purpose to +strengthen it in a political contest, the extraordinary extension and +contraction of its accommodations to the community, its corrupt and +partisan loans, its exclusion of the public directors from a knowledge +of its most important proceedings, the unlimited authority conferred on +the president to expend its funds in hiring writers and procuring the +execution of printing, and the use made of that authority, the +retention of the pension money and books after the selection of new +agents, the groundless claim to heavy damages in consequence of the +protest of the bill drawn on the French Government, have through +various channels been laid before Congress. + +Immediately after the close of the last session the bank, through its +president, announced its ability and readiness to abandon the system of +unparalleled curtailment and the interruption of domestic exchanges +which it had practiced upon from August 1st, 1833 to June 30th, 1834, +and to extend its accommodations to the community. The grounds assumed +in this annunciation amounted to an acknowledgment that the +curtailment, in the extent to which it had been carried, was not +necessary to the safety of the bank, and had been persisted in merely +to induce Congress to grant the prayer of the bank in its memorial +relative to the removal of the deposits and to give it a new charter. +They were substantially a confession that all the real distresses which +individuals and the country had endured for the preceding six or eight +months had been needlessly produced by it, with the view of affecting +through the sufferings of the people the legislative action of +Congress. + +It is subject of congratulation that Congress and the country had the +virtue and firmness to bear the infliction, that the energies of our +people soon found relief from this wanton tyranny in vast importations +of the precious metals from almost every part of the world, and that at +the close of this tremendous effort to control our Government the bank +found itself powerless and no longer able to loan out its surplus +means. The community had learned to manage its affairs without its +assistance, and trade had already found new auxiliaries, so that on +October 1st, 1834 the extraordinary spectacle was presented of a +national more than half of whose capital was either lying unproductive +in its vaults or in the hands of foreign bankers. + +To the needless distresses brought on the country during the last +session of Congress has since been added the open seizure of the +dividends on the public stock to the amount of $170,041, under pretense +of paying damages, cost, and interest upon the protested French bill. +This sum constituted a portion of the estimated revenues for the year +1834, upon which the appropriations made by Congress were based. It +would as soon have been expected that our collectors would seize on the +customs or the receivers of our land offices on the moneys arising from +the sale of public lands under pretenses of claims against the United +States as that the bank would have retained the dividends. Indeed, if +the principle be established that any one who chooses to set up a claim +against the United States may without authority of law seize on the +public property or money wherever he can find it to pay such claim, +there will remain no assurance that our revenue will reach the Treasury +or that it will be applied after the appropriation to the purposes +designated in the law. + +The pay masters of our Army and the pursers of our Navy may under like +pretenses apply to their own use moneys appropriated to set in motion +the public force, and in time of war leave the country without defense. +This measure resorted to by the bank is disorganizing and +revolutionary, and if generally resorted to by private citizens in like +cases would fill the land with anarchy and violence. + +It is a constitutional provision "that no money shall be drawn from the +Treasury but in consequence of appropriations made by law". The +palpable object of this provision is to prevent the expenditure of the +public money for any purpose what so ever which shall not have been 1st +approved by the representatives of the people and the States in +Congress assembled. It vests the power of declaring for what purposes +the public money shall be expended in the legislative department of the +Government, to the exclusion of the executive and judicial, and it is +not within the constitutional authority of either of those departments +to pay it away without law or to sanction its payment. + +According to this plain constitutional provision, the claim of the bank +can never be paid without an appropriation by act of Congress. But the +bank has never asked for an appropriation. It attempts to defeat the +provision of the Constitution and obtain payment without an act of +Congress. Instead of awaiting an appropriation passed by both Houses +and approved by the President, it makes an appropriation for itself and +invites an appeal to the judiciary to sanction it. That the money had +not technically been paid into the Treasury does not affect the +principle intended to be established by the Constitution. + +The Executive and the judiciary have as little right to appropriate and +expend the public money without authority of law before it is placed to +the credit of the Treasury as to take it from the Treasury. In the +annual report of the Secretary of the Treasury, and in his +correspondence with the president of the bank, and the opinions of the +Attorney General accompanying it, you will find a further examination +of the claims of the bank and the course it has pursued. + +It seems due to the safety of the people funds remaining in that bank +and to the honor of the American people that measures be taken to +separate the Government entirely from an institution so mischievous to +the public prosperity and so regardless of the Constitution and laws. +By transferring the public deposits, by appointing other pension agents +as far as it had the power, by ordering the discontinuance of the +receipt of bank checks in the payment of the public dues after January +1st, 1834, the Executive has exerted all its lawful authority to sever +the connection between the Government and this faithless corporation. + +The high-handed career of this institution imposes upon the +constitutional functionaries of this Government duties of the gravest +and most imperative character--duties which they can not avoid and from +which I trust there will be no inclination on the part of any of them +to shrink. My own sense of them is most clear, as is also my readiness +to discharge those which may rightfully fall on me. To continue any +business relations with the Bank of the United States that may be +avoided without a violation of the national faith after that +institution has set at open defiance the conceded right of the +Government to examine its affairs, after it has done all in its power +to deride the public authority in other respects and to bring it into +disrepute at home and abroad, after it has attempted to defeat the +clearly expressed will of the people by turning against them the +immense power intrusted to its hands and by involving a country +otherwise peaceful, flourishing, and happy, in dissension, +embarrassment, and distress, would make the nation itself a party to +the degradation so sedulously prepared for its public agents and do +much to destroy the confidence of man-kind in popular governments and +to bring into contempt their authority and efficiency. + +In guarding against an evil of such magnitude consideration of +temporary convenience should be thrown out of the question, and we +should be influenced by such motives only as look to the honor and +preservation of the republican system. Deeply and solemnly impressed +with the justice of these views, I feel it to be my duty to recommend +to you that a law be passed authorizing the sale of the public stock; +that the provision of the charter requiring the receipt of notes of the +bank in payment of public dues shall, in accordance with the power +reserved to Congress in the 14th section of the charter, be suspended +until the bank pays to the Treasury the dividends withheld, and that +all laws connecting the Government or its officers with the bank, +directly or indirectly, be repealed, and that the institution be left +hereafter to its own resources and means. + +Events have satisfied my mind, and I think the minds of the American +people, that the mischiefs and dangers which flow from a national bank +far over-balance all its advantages. The bold effort the present bank +has made to control the Government, the distresses it has wantonly +produced, the violence of which it has been the occasion in one of our +cities famed for its observance of law and order, are but premonitions +of the fate which awaits the American people should they be deluded +into a perpetuation of this institution or the establishment of another +like it. It is fervently hoped that thus admonished those who have +heretofore favored the establishment of a substitute for the present +bank will be induced to abandon it, as it is evidently better to incur +any inconvenience that may be reasonably expected than to concentrate +the whole moneyed power of the Republic in any form what so ever or +under any restrictions. + +Happily it is already illustrated that the agency of such an +institution is not necessary to the fiscal operations of the +Government. The State banks are found fully adequate to the performance +of all services which were required of the Bank of the United States, +quite as promptly and with the same cheapness. They have maintained +themselves and discharged all these duties while the Bank of the United +States was still powerful and in the field as an open enemy, and it is +not possible to conceive that they will find greater difficulties in +their operations when that enemy shall cease to exist. + +The attention of Congress is earnestly invited to the regulation of the +deposits in the State banks by law. Although the power now exercised by +the executive department in this behalf is only such as was uniformly +exerted through every Administration from the origin of the Government +up to the establishment of the present bank, yet it is one which is +susceptible of regulation by law, and therefore ought so to be +regulated. The power of Congress to direct in what places the Treasurer +shall keep the moneys in the Treasury and to impose restrictions upon +the Executive authority in relation to their custody and removal is +unlimited, and its exercise will rather be courted than discouraged by +those public officers and agents on whom rests the responsibility for +their safety. It is desirable that as little power as possible should +be left to the President or the Secretary of the Treasury over those +institutions, which, being thus freed from Executive influence, and +without a common head to direct their operations, would have neither +the temptation nor the ability to interfere in the political conflicts +of the country. Not deriving their charters from the national +authorities, they would never have those inducements to meddle in +general elections which have led the Bank of the United States to +agitate and convulse the country for upward of two years. + +The progress of our gold coinage is creditable to the officers of the +Mint, and promises in a short period to furnish the country with a +sound and portable currency, which will much diminish the inconvenience +to travelers of the want of a general paper currency should the State +banks be incapable of furnishing it. Those institutions have already +shown themselves competent to purchase and furnish domestic exchange +for the convenience of trade at reasonable rates, and not a doubt is +entertained that in a short period all the wants of the country in bank +accommodations and exchange will be supplied as promptly and as cheaply +as they have heretofore been by the Bank of the United States. If the +several States shall be induced gradually to reform their banking +systems and prohibit the issue of all small notes, we shall in a few +years have a currency as sound and as little liable to fluctuations as +any other commercial country. + +The report of the Secretary of War, together with the accompanying +documents from the several bureaux of that Department, will exhibit the +situation of the various objects committed to its administration. + +No event has occurred since your last session rendering necessary any +movements of the Army, with the exception of the expedition of the +regiment of dragoons into the territory of the wandering and predatory +tribes inhabiting the western frontier and living adjacent to the +Mexican boundary. These tribes have been heretofore known to us +principally by their attacks upon our own citizens and upon other +Indians entitled to the protection of the United States. It became +necessary for the peace of the frontiers to check these habitual +inroads, and I am happy to inform you that the object has been effected +without the commission of any act of hostility. Colonel Dodge and the +troops under his command have acted with equal firmness and humanity, +and an arrangement has been made with those Indians which it is hoped +will assure their permanent pacific relations with the United States +and the other tribes of Indians upon that border. It is to be regretted +that the prevalence of sickness in that quarter has deprived the +country of a number of valuable lives, and particularly that General +Leavenworth, an officer well known, and esteemed for his gallant +services in the late war and for his subsequent good conduct, has +fallen a victim to his zeal and exertions in the discharge of his duty. + +The Army is in a high state of discipline. Its moral condition, so far +as that is known here, is good, and the various branches of the public +service are carefully attended to. It is amply sufficient under its +present organization for providing the necessary garrisons for the +seaboard and for the defense of the internal frontier, and also for +preserving the elements of military knowledge and for keeping pace with +those improvements which modern experience is continually making. And +these objects appear to me to embrace all the legitimate purposes for +which a permanent military force should be maintained in our country. +The lessons of history teach us its danger and the tendency which +exists to an increase. This can be best met and averted by a just +caution on the part of the public itself, and of those who represent +them in Congress. + +From the duties which devolve on the Engineer Department and upon the +topographical engineers, a different organization seems to be demanded +by the public interest, and I recommend the subject to your +consideration. + +No important change has during this season taken place in the condition +of the Indians. Arrangements are in progress for the removal of the +Creeks, and will soon be for the removal of the Seminoles. I regret +that the Cherokees east of the Mississippi have not yet determined as a +community to remove. How long the personal causes which have heretofore +retarded that ultimately inevitable measure will continue to operate I +am unable to conjecture. It is certain, however, that delay will bring +with it accumulated evils which will render their condition more and +more unpleasant. The experience of every year adds to the conviction +that emigration, and that alone, can preserve from destruction the +remnant of the tribes yet living amongst us. The facility with which +the necessaries of life are procured and the treaty stipulations +providing aid for the emigrant Indians in their agricultural pursuits +and in the important concern of education, and their removal from those +causes which have heretofore depressed all and destroyed many of the +tribes, can not fail to stimulate their exertions and to reward their +industry. + +The two laws passed at the last session of Congress on the subject of +Indian affairs have been carried into effect, and detailed instructions +for their administration have been given. It will be seen by the +estimates for the present session that a great reduction will take +place in the expenditures of the Department in consequence of these +laws, and there is reason to believe that their operation will be +salutary and that the colonization of the Indians on the western +frontier, together with a judicious system of administration, will +still further reduce the expenses of this branch of the public service +and at the same time promote its usefulness and efficiency. + +Circumstances have been recently developed showing the existence of +extensive frauds under the various laws granting pensions and +gratuities for Revolutionary services. It is impossible to estimate the +amount which may have been thus fraudulently obtained from the National +Treasury. I am satisfied, however, it has been such as to justify a +re-examination of the system and the adoption of the necessary checks +in its administration. All will agree that the services and sufferings +of the remnant of our Revolutionary band should be fully compensated; +but while this is done, every proper precaution should be taken to +prevent the admission of fabricated and fraudulent claims. + +In the present mode of proceeding the attestations and certificates of +the judicial officers of the various States from a considerable portion +of the checks which are interposed against the commission of frauds. +These, however, have been and may be fabricated, and in such a way as +to elude detection at the examining offices. And independently of this +practical difficulty, it is ascertained that these documents are often +loosely granted; some times even blank certificates have been issued; +some times prepared papers have been signed without inquiry, and in one +instance, at least, the seal of the court has been within reach of a +person most interested in its improper application. It is obvious that +under such circumstances no severity of administration can check the +abuse of the law. And information has from time to time been +communicated to the Pension Office questioning or denying the right of +persons placed upon the pension list to the bounty of the country. + +Such cautions are always attended to and examined, but a far more +general investigation is called for, and I therefore recommend, in +conformity with the suggestion of the Secretary of War, that an actual +inspection should be made in each State into the circumstances and +claims of every person now drawing a pension. The honest veteran has +nothing to fear from such a scrutiny, while the fraudulent claimant +will be detected and the public Treasury relieved to an amount, I have +reason to believe, far greater than has heretofore been suspected. The +details of such a plan could be so regulated as to interpose the +necessary checks without any burdensome operation upon the pensioners. +The object should be two-fold: To look into the original justice of the +claims, so far as this can be done under a proper system of +regulations, by an examination of the claimants themselves and by +inquiring in the vicinity of their residence into their history and +into the opinion entertained of their Revolutionary services. To +ascertain in all cases whether the original claimant is living and this +by actual personal inspection. This measure will, if adopted, be +productive, I think, of the desired results, and I therefore recommend +it to your consideration, with the further suggestion that all payments +should be suspended 'til the necessary reports are received. + +It will be seen by a tabular statement annexed to the documents +transmitted to Congress that the appropriations for objects connected +with the War Department, made at the last session, for the service of +the year 1834, excluding the permanent appropriation for the payment of +military gratuities under the act of June 7th, 1832, the appropriation +of $200,000 for arming and equipping the militia, and the appropriation +of $10,000 for the civilization of the Indians, which are not annually +renewed, amounted to the sum of $9,003,261, and that the estimates of +appropriations necessary for the same branches of service for the year +1835 amount to the sum of $5,778,964, making a difference in the +appropriations of the current year over the estimates of the +appropriations for the next of $3,224,297. + +The principal causes which have operated at this time to produce this +great difference are shown in the reports and documents and in the +detailed estimates. Some of these causes are accidental and temporary, +while others are permanent, and, aided by a just course of +administration, may continue to operate beneficially upon the public +expenditures. + +A just economy, expending where the public service requires and +withholding where it does not, is among the indispensable duties of the +Government. + +I refer you to the accompanying report of the Secretary of the Navy and +to the documents with it for a full view of the operations of that +important branch of our service during the present year. It will be +seen that the wisdom and liberality with which Congress has provided +for the gradual increase of our navy material have been seconded by a +corresponding zeal and fidelity on the part of those to whom has been +confided the execution of the laws on the subject, and that but a short +period would be now required to put in commission a force large enough +for any exigency into which the country may be thrown. + +When we reflect upon our position in relation to other nations, it must +be apparent that in the event of conflicts with them we must look +chiefly to our Navy for the protection of our national rights. The wide +seas which separate us from other Governments must of necessity be the +theater on which an enemy will aim to assail us, and unless we are +prepared to meet him on this element we can not be said to possess the +power requisite to repel or prevent aggressions. We can not, therefore, +watch with too much attention this arm of our defense, or cherish with +too much care the means by which it can possess the necessary +efficiency and extension. To this end our policy has been heretofore +wisely directed to the constant employment of a force sufficient to +guard our commerce, and to the rapid accumulation of the materials +which are necessary to repair our vessels and construct with ease such +new ones as may be required in a state of war. + +In accordance with this policy, I recommend to your consideration the +erection of the additional dry dock described by the Secretary of the +Navy, and also the construction of the steam batteries to which he has +referred, for the purpose of testing their efficacy as auxiliaries to +the system of defense now in use. + +The report of the Post Master General herewith submitted exhibits the +condition and prospects of that Department. From that document it +appears that there was a deficit in the funds of the Department at the +commencement of the present year beyond its available means of +$315,599.98, which on the first of July last had been reduced to +$268,092.74. It appears also that the revenues for the coming year will +exceed the expenditures about $270,000, which, with the excess of +revenue which will result from the operations of the current half year, +may be expected, independently of any increase in the gross amount of +postages, to supply the entire deficit before the end of 1835. But as +this calculation is based on the gross amount of postages which had +accrued within the period embraced by the times of striking the +balances, it is obvious that without a progressive increase in the +amount of postages the existing retrenchments must be persevered in +through the year 1836 that the Department may accumulate a surplus fund +sufficient to place it in a condition of perfect ease. + +It will be observed that the revenues of the Post Office Department, +though they have increased, and their amount is above that of any +former year, have yet fallen short of the estimates more than $100,000. +This is attributed in a great degree to the increase of free letters +growing out of the extension and abuse of the franking privilege. There +has been a gradual increase in the number of executive offices to which +it has been granted, and by an act passed in March, 1833, it was +extended to members of Congress throughout the whole year. It is +believed that a revision of the laws relative to the franking +privilege, with some enactments to enforce more rigidly the +restrictions under which it is granted, would operate beneficially to +the country, by enabling the Department at an earlier period to restore +the mail facilities that have been withdrawn, and to extend them more +widely, as the growing settlements of the country may require. + +To a measure so important to the Government and so just to our +constituents, who ask no exclusive privileges for themselves and are +not willing to concede them to others, I earnestly recommend the +serious attention of Congress. + +The importance of the Post Office Department and the magnitude to which +it has grown, both in its revenues and in its operations, seem to +demand its reorganization by law. The whole of its receipts and +disbursements have hitherto been left entirely to Executive control and +individual discretion. The principle is as sound in relation to this as +to any other Department of the Government, that as little discretion +should be confided to the executive officer who controls it as is +compatible with its efficiency. It is therefore earnestly recommended +that it be organized with an auditor and treasurer of its own, +appointed by the President and Senate, who shall be branches of the +Treasury Department. + +Your attention is again respectfully invited to the defect which exists +in the judicial system of the United States. Nothing can be more +desirable than the uniform operation of the Federal judiciary +throughout the several States, all of which, standing on the same +footing as members of the Union, have equal rights to the advantages +and benefits resulting from its laws. This object is not attained by +the judicial acts now in force, because they leave one quarter of the +States without circuit courts. + +It is undoubtedly the duty of Congress to place all the States on the +same footing in this respect, either by the creation of an additional +number of associate judges or by an enlargement of the circuits +assigned to those already appointed so as to include the new States. +What ever may be the difficulty in a proper organization of the +judicial system so as to secure its efficiency and uniformity in all +parts of the Union and at the same time to avoid such an increase of +judges as would encumber the supreme appellate tribunal, it should not +be allowed to weigh against the great injustice which the present +operation of the system produces. + +I trust that I may be also pardoned for renewing the recommendation I +have so often submitted to your attention in regard to the mode of +electing the President and Vice President of the United States. All the +reflection I have been able to bestow upon the subject increases my +conviction that the best interests of the country will be promoted by +the adoption of some plan which will secure in all contingencies that +important right of sovereignty to the direct control of the people. +Could this be attained, and the terms of those officers be limited to a +single period of either four or six years, I think our liberties would +possess an additional safeguard. + +At your last session I called the attention of Congress to the +destruction of the public building occupied by the Treasury Department. +As the public interest requires that another building should be erected +with as little delay as possible, it is hoped that the means will be +seasonably provided and that they will be ample enough to authorize +such an enlargement and improvement in the plan of the building as will +more effectually accommodate the public officers and secure the public +documents deposited in it from the casualties of fire. + +I have not been able to satisfy myself that the bill entitled "An act +to improve the navigation of the Wabash River", which was sent to me at +the close of your last session, ought to pass, and I have therefore +withheld from it my approval and now return it to the Senate, the body +in which it originated. + +There can be no question connected with the administration of public +affairs more important or more difficult to be satisfactorily dealt +with than that which relates to the rightful authority and proper +action of the Federal Government upon the subject of internal +improvements. To inherent embarrassments have been added others +resulting from the course of our legislation concerning it. + +I have heretofore communicated freely with Congress upon this subject, +and in adverting to it again I can not refrain from expressing my +increased conviction of its extreme importance as well in regard to its +bearing upon the maintenance of the Constitution and the prudent +management of the public revenue as on account of its disturbing effect +upon the harmony of the Union. + +We are in no danger from violations of the Constitution by which +encroachments are made upon the personal rights of the citizen. The +sentence of condemnation long since pronounced by the American people +upon acts of that character will, I doubt not, continue to prove as +salutary in its effects as it is irreversible in its nature. + +But against the dangers of unconstitutional acts which, instead of +menacing the vengeance of offended authority, proffer local advantages +and bring in their train the patronage of the Government, we are, I +fear, not so safe. To suppose that because our Government has been +instituted for the benefit of the people it must therefore have the +power to do what ever may seem to conduce to the public good is an +error into which even honest minds are too apt to fall. In yielding +themselves to this fallacy they overlook the great considerations in +which the Federal Constitution was founded. They forget that in +consequence of the conceded diversities in the interest and condition +of the different States it was foreseen at the period of its adoption +that although a particular measure of the Government might be +beneficial and proper in one State it might be the reverse in another; +that it was for this reason the States would not consent to make a +grant to the Federal Government of the general and usual powers of +government, but of such only as were specifically enumerated, and the +probable effects of which they could, as they thought, safely +anticipate; and they forget also the paramount obligation upon all to +abide by the compact then so solemnly and, as it was hoped, so firmly +established. + +In addition to the dangers to the Constitution springing from the +sources I have stated, there has been one which was perhaps greater +than all. I allude to the materials which this subject has afforded for +sinister appeals to selfish feelings, and the opinion heretofore so +extensively entertained of its adaptation to the purposes of personal +ambition. With such stimulus it is not surprising that the acts and +pretensions of the Federal Government in this behalf should some times +have been carried to an alarming extent. The questions which have +arisen upon this subject have related--To the power of making internal +improvements within the limits of a State, with the right of +territorial jurisdiction, sufficient at least for their preservation +and use. To the right of appropriating money in aid of such works when +carried on by a State of by a company in virtue of State authority, +surrendering the claim of jurisdiction; and To the propriety of +appropriation for improvements of a particular class, viz, for light +houses, beacons, buoys, public piers, and for the removal of sand bars, +sawyers, and other temporary and partial impediments in our navigable +rivers and harbors. The claims of power for the General Government upon +each of these points certainly present matter of the deepest interest. +The first is, however, of much the greatest importance, in as much as, +in addition to the dangers of unequal and improvident expenditures of +public moneys common to all, there is super-added to that the +conflicting jurisdictions of the respective governments. Federal +jurisdiction, at least to the extent I have stated, has been justly +regarded by its advocates as necessarily appurtenant to the power in +question, if that exists by the Constitution. + +That the most injurious conflicts would unavoidably arise between the +respective jurisdictions of the State and Federal Governments in the +absence of a constitutional provision marking out their respective +boundaries can not be doubted. The local advantages to be obtained +would induce the States to overlook in the beginning the dangers and +difficulties to which they might ultimately be exposed. The powers +exercised by the Federal Government would soon be regarded with +jealousy by the State authorities, and originating as they must from +implication or assumption, it would be impossible to affix to them +certain and safe limits. + +Opportunities and temptations to the assumption of power incompatible +with State sovereignty would be increased and those barriers which +resist the tendency of our system toward consolidation greatly +weakened. The officers and agents of the General Government might not +always have the discretion to abstain from intermeddling with State +concerns, and if they did they would not always escape the suspicion of +having done so. Collisions and consequent irritations would spring up; +that harmony which should ever exist between the General Government and +each member of the Confederacy would be frequently interrupted; a +spirit of contention would be engendered and the dangers of disunion +greatly multiplied. + +Yet we know that not withstanding these grave objections this dangerous +doctrine was at one time apparently proceeding to its final +establishment with fearful rapidity. The desire to embark the Federal +Government in works of internal improvement prevailed in the highest +degree during the first session of the first Congress that I had the +honor to meet in my present situation. When the bill authorizing a +subscription on the part of the United States for stock in the +Maysville and Lexington Turn Pike Company passed the two houses, there +had been reported by the Committees of Internal Improvements bills +containing appropriations for such objects, inclusive of those for the +Cumberland road and for harbors and light houses, to the amount of +$106,000,000. In this amount was included authority to the Secretary of +the Treasury to subscribe for the stock of different companies to a +great extent, and the residue was principally for the direct +construction of roads by this Government. In addition to these +projects, which had been presented to the two Houses under the sanction +and recommendation of their respective Committees on Internal +Improvements, there were then still pending before the committees, and +in memorials to Congress presented but not referred, different projects +for works of a similar character, the expense of which can not be +estimated with certainty, but must have exceeded $100,000,000. + +Regarding the bill authorizing a subscription to the stock of the +Maysville and Lexington Turn Pike Company as the entering wedge of a +system which, however weak at first, might soon become strong enough to +rive the bands of the Union asunder, and believing that if its passage +was acquiesced in by the Executive and the people there would no longer +be any limitation upon the authority of the General Government in +respect to the appropriation of money for such objects, I deemed it an +imperative duty to withhold from it the Executive approval. + +Although from the obviously local character of that work I might well +have contented myself with a refusal to approve the bill upon that +ground, yet sensible of the vital importance of the subject, and +anxious that my views and opinions in regard to the whole matter should +be fully understood by Congress and by my constituents, I felt it my +duty to go further. I therefore embraced that early occasion to apprise +Congress that in my opinion the Constitution did not confer upon it the +power to authorize the construction of ordinary roads and canals within +the limits of a State and to say, respectfully, that no bill admitting +such a power could receive my official sanction. I did so in the +confident expectation that the speedy settlement of the public mind +upon the whole subject would be greatly facilitated by the difference +between the two Houses and myself, and that the harmonious action of +the several departments of the Federal Government in regard to it would +be ultimately secured. + +So far, at least, as it regards this branch of the subject, my best +hopes have been realized. Nearly four years have elapsed, and several +sessions of Congress have intervened, and no attempt within my +recollection has been made to induce Congress to exercise this power. +The applications for the construction of roads and canals which were +formerly multiplied upon your files are no longer presented, and we +have good reason to infer that the current public sentiment has become +so decided against the pretension as effectually to discourage its +reassertion. So thinking, I derive the greatest satisfaction from the +conviction that thus much at least has been secured upon this important +and embarrassing subject. + +From attempts to appropriate the national funds to objects which are +confessedly of a local character we can not, I trust, have anything +further to apprehend. My views in regard to the expediency of making +appropriations for works which are claimed to be of a national +character and prosecuted under State authority--assuming that Congress +have the right to do so--were stated in my annual message to Congress +in 1830, and also in that containing my objections to the Maysville +road bill. + +So thoroughly convinced am I that no such appropriations ought to be +made by Congress until a suitable constitutional provision is made upon +the subject, and so essential do I regard the point to the highest +interests of our country, that I could not consider myself as +discharging my duty to my constituents in giving the Executive sanction +to any bill containing such an appropriation. If the people of the +United States desire that the public Treasury shall be resorted to for +the means to prosecute such works, they will concur in an amendment of +the Constitution prescribing a rule by which the national character of +the works is to be tested, and by which the greatest practicable +equality of benefits may be secured to each member of the Confederacy. +The effects of such a regulation would be most salutary in preventing +unprofitable expenditures, in securing our legislation from the +pernicious consequences of a scramble for the favors of Government, and +in repressing the spirit of discontent which must inevitably arise from +an unequal distribution of treasures which belong alike to all. + +There is another class of appropriations for what may be called, +without impropriety, internal improvements, which have always been +regarded as standing upon different grounds from those to which I have +referred. I allude to such as have for their object the improvement of +our harbors, the removal of partial and temporary obstructions in our +navigable rivers, for the facility and security of our foreign +commerce. The grounds upon which I distinguished appropriations of this +character from others have already been stated to Congress. I will now +only add that at the 1st session of Congress under the new Constitution +it was provided by law that all expenses which should accrue from and +after the 15th day of August, 1789, in the necessary support and +maintenance and repairs of all light houses, beacons, buoys, and public +piers erected, placed, or sunk before the passage of the act within any +bay, inlet, harbor, or port of the United States, for rendering the +navigation thereof easy and safe, should be defrayed out of the +Treasury of the United States, and, further, that it should be the duty +of the Secretary of the Treasury to provide by contracts, with the +approbation of the President, for rebuilding when necessary and keeping +in good repair the light houses, beacons, buoys, and public piers in +the several States, and for furnishing them with supplies. + +Appropriations for similar objects have been continued from that time +to the present without interruption or dispute. As a natural +consequence of the increase and extension of our foreign commerce, +ports of entry and delivery have been multiplied and established, not +only upon our sea-board but in the interior of the country upon our +lakes and navigable rivers. The convenience and safety of this commerce +have led to the gradual extension of these expenditures; to the +erection of light houses, the placing, planting, and sinking of buoys, +beacons, and piers, and to the removal of partial and temporary +obstructions in our navigable rivers and in the harbors upon our Great +Lakes as well as on the sea-board. + +Although I have expressed to Congress my apprehension that these +expenditures have some times been extravagant and disproportionate to +the advantages to be derived from them, I have not felt it to be my +duty to refuse my assent to bills containing them, and have contented +myself to follow in this respect in the foot-steps of all my +predecessors. Sensible, however, from experience and observation of the +great abuses to which the unrestricted exercise of this authority by +Congress was exposed, I have prescribed a limitation for the government +of my own conduct by which expenditures of this character are confined +to places below the ports of entry or delivery established by law. I am +very sensible that this restriction is not as satisfactory as could be +desired, and that much embarrassment may be caused to the executive +department in its execution by appropriations for remote and not +well-understood objects. But as neither my own reflections nor the +lights which I may properly derive from other sources have supplied me +with a better, I shall continue to apply my best exertions to a +faithful application of the rule upon which it is founded. + +I sincerely regret that I could not give my assent to the bill +entitled: "An act to improve the navigation of the Wabash River"; but I +could not have done so without receding from the ground which I have, +upon the fullest consideration, taken upon this subject, and of which +Congress has been heretofore apprised, and without throwing the subject +again open to abuses which no good citizen entertaining my opinions +could desire. + +I rely upon the intelligence and candor of my fellow citizens, in whose +liberal indulgence I have already so largely participated, for a +correct appreciation on my motives in interposing as I have done on +this and other occasions checks to a course of legislation which, +without in the slightest degree calling in question the motives of +others, I consider as sanctioning improper and unconstitutional +expenditures of public treasure. + +I am not hostile to internal improvements, and wish to see them +extended to every part of the country. But I am fully persuaded, if +they are not commenced in a proper manner, confined to proper objects, +and conducted under an authority generally conceded to be rightful, +that a successful prosecution of them can not be reasonably expected. +The attempt will meet with resistance where it might otherwise receive +support, and instead of strengthening the bonds of our Confederacy it +will only multiply and aggravate the causes of disunion. + +*** + +State of the Union Address +Andrew Jackson +December 7, 1835 + +Fellow Citizens of the Senate and of the House of Representatives: + +In the discharge of my official duty the again devolves upon me of +communicating with a new Congress. The reflection that the +representation of the Union has been recently renewed, and that the +constitutional term of its service will expire with my own, heightens +the solicitude with which I shall attempt to lay before it the state of +our national concerns and the devout hope which I cherish that its +labors to improve them may be crowned with success. + +You are assembled at a period of profound interest to the American +patriot. The unexampled growth and prosperity of our country having +given us a rank in the scale of nations which removes all apprehension +of danger to our integrity and independence from external foes, the +career of freedom is before us, with an earnest from the past that if +true to ourselves there can be no formidable obstacle in the future to +its peaceful and uninterrupted pursuit. Yet, in proportion to the +disappearance of those apprehensions which attended our weakness, as +once contrasted with the power of some of the States of the Old World, +should we now be solicitous as to those which belong to the conviction +that it is to our own conduct we must look for the preservation of +those causes on which depend the excellence and the duration of our +happy system of government. + +In the example of other systems founded on the will of the people we +trace to internal dissension the influences which have so often blasted +the hopes of the friends of freedom. The social elements, which were +strong and successful when united against external danger, failed in +the more difficult task of properly adjusting their own internal +organization, and thus gave way the great principle of self-government. +Let us trust that this admonition will never be forgotten by the +Government or the people of the United States, and that the testimony +which our experience thus far holds out to the great human family of +the practicability and the blessings of free government will be +confirmed in all time to come. + +We have but to look at the state of our agriculture, manufactures, and +commerce and the unexampled increase of our population to feel the +magnitude of the trust committed to us. Never in any former period of +our history have we had greater reason than we now have to be thankful +to Divine Providence for the blessings of health and general +prosperity. Every branch of labor we see crowned with the most abundant +rewards. In every element of national resources and wealth and of +individual comfort we witness the most rapid and solid improvements. +With no interruptions to this pleasing prospect at home which will not +yield to the spirit of harmony and good will that so strikingly +pervades the mass of the people in every quarter, amidst all the +diversity of interest and pursuits to which they are attached, and with +no cause of solicitude in regard to our external affairs which will +not, it is hoped, disappear before the principles of simple justice and +the forbearance that mark our intercourse with foreign powers, we have +every reason to feel proud of our beloved country. + +The general state of our foreign relations has not materially changed +since my last annual message. + +In the settlement of the question of the North Eastern boundary little +progress has been made. Great Britain has declined acceding to the +proposition of the United States, presented in accordance with the +resolution of the Senate, unless certain preliminary conditions were +admitted, which I deemed incompatible with a satisfactory and rightful +adjustment of the controversy. Waiting for some distinct proposal from +the Government of Great Britain, which has been invited, I can only +repeat the expression of my confidence that, with the strong mutual +disposition which I believe exists to make a just arrangement, this +perplexing question can be settled with a due regard to the +well-founded pretensions and pacific policy of all the parties to it. +Events are frequently occurring on the North Eastern frontier of a +character to impress upon all the necessity of a speedy and definitive +termination of the dispute. This consideration, added to the desire +common to both to relieve the liberal and friendly relations so happily +existing between the two countries from all embarrassment, will no +doubt have its just influence upon both. + +Our diplomatic intercourse with Portugal has been renewed, and it is +expected that the claims of our citizens, partially paid, will be fully +satisfied as soon as the condition of the Queen's Government will +permit the proper attention to the subject of them. That Government +has, I am happy to inform you, manifested a determination to act upon +the liberal principles which have marked our commercial policy. The +happiest effects upon the future trade between the United States and +Portugal are anticipated from it, and the time is not thought to be +remote when a system of perfect reciprocity will be established. + +The installments due under the convention with the King of the Two +Sicilies have been paid with that scrupulous fidelity by which his +whole conduct has been characterized, and the hope is indulged that the +adjustment of the vexed question of our claims will be followed by a +more extended and mutually beneficial intercourse between the two +countries. + +The internal contest still continues in Spain. Distinguished as this +struggle has unhappily been by incidents of the most sanguinary +character, the obligations of the late treaty of indemnification with +us have been, never the less, faithfully executed by the Spanish +Government. + +No provision having been made at the last session of Congress for the +ascertainment of the claims to be paid and the apportionment of the +funds under the convention made with Spain, I invite your early +attention to the subject. The public evidences of the debt have, +according to the terms of the convention and in the forms prescribed by +it, been placed in the possession of the United States, and the +interest as it fell due has been regularly paid upon them. Our +commercial intercourse with Cuba stands as regulated by the act of +Congress. No recent information has been received as to the disposition +of the Government of Madrid, and the lamented death of our recently +appointed minister on his way to Spain, with the pressure of their +affairs at home, renders it scarcely probable that any change is to be +looked for during the coming year. + +Further portions of the Florida archives have been sent to the United +States, although the death of one of the commissioners at a critical +moment embarrassed the progress of the delivery of them. The higher +officers of the local government have recently shown an anxious desire, +in compliance with the orders from the parent Government, to facilitate +the selection and delivery of all we have a right to claim. + +Negotiations have been opened at Madrid for the establishment of a +lasting peace between Spain and such of the Spanish American +Governments of this hemisphere as have availed themselves of the +intimation given to all of them of the disposition of Spain to treat +upon the basis of their entire independence. It is to be regretted that +simultaneous appointments by all of ministers to negotiate with Spain +had not been made. The negotiation itself would have been simplified, +and this long-standing dispute, spreading over a large portion of the +world, would have been brought to a more speedy conclusion. + +Our political and commercial relations with Austria, Prussia, Sweden, +and Denmark stand on the usual favorable bases. One of the articles of +our treaty with Russia in relation to the trade on the North-West coast +of America having expired, instructions have been given to our minister +at St. Petersburg to negotiate a renewal of it. The long and unbroken +amity between the two Governments gives every reason for supposing the +article will be renewed, if stronger motives do not exist to prevent it +than with our view of the subject can be anticipated here. I ask your +attention to the message of my predecessor at the opening of the second +session of the 19th Congress, relative to our commercial intercourse +with Holland, and to the documents connected with that subject, +communicated to the House of Representatives on the 10th of January, +1825, and 18th of January, 1827. + +Coinciding in the opinion of my predecessor that Holland is not, under +the regulations of her present system, entitled to have her vessels and +their cargoes received into the United States on the footing of +American vessels and cargoes as regards duties of tonnage and impost, a +respect for his reference of it to the Legislature has alone prevented +me from acting on the subject. I should still have waited without +comment for the action of Congress, but recently a claim has been made +by Belgian subjects to admission into our ports for their ships and +cargoes on the same footing as American, with the allegation we could +not dispute that our vessels received in their ports the identical +treatment shewn to them in the ports of Holland, upon whose vessels no +discrimination is made in the ports of the United States. + +Given the same privileges the Belgians expected the same benefits-- +benefits that were, in fact, enjoyed when Belgium and Holland were +united under one Government. Satisfied with the justice of their +pretension to be placed on the same footing with Holland, I could not, +never the less, without disregard to the principle of our laws, admit +their claim to be treated as Americans, and at the same time a respect +for Congress, to whom the subject had long since been referred, has +prevented me from producing a just equality by taking from the vessels +of Holland privileges conditionally granted by acts of Congress, +although the condition upon which the grant was made has, in my +judgment, failed since 1822. I recommend, therefore, a review of the +act of 1824, and such modification of it as will produce an equality on +such terms as Congress shall think best comports with our settled +policy and the obligations of justice to two friendly powers. + +With the Sublime Porte and all the Governments on the coast of Barbary +our relations continue to be friendly. The proper steps have been taken +to renew our treaty with Morocco. + +The Argentine Republic has again promised to send within the current +year a minister to the United States. + +A convention with Mexico for extending the time for the appointment of +commissioners to run the boundary line has been concluded and will be +submitted to the Senate. Recent events in that country have awakened +the liveliest solicitude in the United States. Aware of the strong +temptations existing and powerful inducements held out to the citizens +of the United States to mingle in the dissensions of our immediate +neighbors, instructions have been given to the district attorneys of +the United States where indications warranted it to prosecute without +respect to persons all who might attempt to violate the obligations of +our neutrality, while at the same time it has been thought necessary to +apprise the Government of Mexico that we should require the integrity +of our territory to be scrupulously respected by both parties. + +From our diplomatic agents in Brazil, Chile, Peru, Central America, +Venezuela, and New Granada constant assurances are received of the +continued good understanding with the Governments to which they are +severally accredited. With those Governments upon which our citizens +have valid and accumulating claims, scarcely an advance toward a +settlement of them is made, owing mainly to their distracted state or +to the pressure of imperative domestic questions. Our patience has been +and will probably be still further severely tried, but our fellow +citizens whose interests are involved may confide in the determination +of the Government to obtain for them eventually ample retribution. + +Unfortunately, many of the nations of this hemisphere are still +self-tormented by domestic dissensions. Revolution succeeds revolution; +injuries are committed upon foreigners engaged in lawful pursuits; much +time elapses before a government sufficiently stable is erected to +justify expectation of redress; ministers are sent and received, and +before the discussions of past injuries are fairly begun fresh troubles +arise; but too frequently new injuries are added to the old, to be +discussed together with the existing government after it has proved its +ability to sustain the assaults made upon it, or with its successor if +overthrown. If this unhappy condition of things continues much longer, +other nations will be under the painful necessity of deciding whether +justice to their suffering citizens does not require a prompt redress +of injuries by their own power, without waiting for the establishment +of a government competent and enduring enough to discuss and to make +satisfaction for them. + +Since the last session of Congress the validity of our claims upon +France, as liquidated by the treaty of 1831, has been acknowledged by +both branches of her legislature, and the money has been appropriated +for their discharge; but the payment is, I regret to inform you, still +withheld. + +A brief recapitulation of the most important incidents in this +protracted controversy will shew how utterly untenable are the grounds +upon which this course is attempted to be justified. + +On entering upon the duties of my station I found the United States an +unsuccessful applicant to the justice of France for the satisfaction of +claims the validity of which was never questionable, and has now been +most solemnly admitted by France herself. The antiquity of these +claims, their high justice, and the aggravating circumstances out of +which they arose are too familiar to the American people to require +description. It is sufficient to say that for a period of ten years and +upward our commerce was, with but little interruption, the subject of +constant aggression on the part of France--aggressions the ordinary +features of which were condemnations of vessels and cargoes under +arbitrary decrees, adopted in contravention as well of the laws of +nations as of treaty stipulations, burnings on the high seas, and +seizures and confiscations under special imperial rescripts in the +ports of other nations occupied by the armies or under the control of +France. Such it is now conceded is the character of the wrongs we +suffered--wrongs in many cases so flagrant that even their authors +never denied our right to reparation. Of the extent of these injuries +some conception may be formed from the fact that after the burning of a +large amount at sea and the necessary deterioration in other cases by +long detention the American property so seized and sacrificed at forced +sales, excluding what was adjudged to privateers before or without +condemnation, brought into the French treasury upward of 24,000,000 +francs, besides large custom house duties. + +The subject had already been an affair of 20 years' uninterrupted +negotiation, except for a short time when France was overwhelmed by the +military power of united Europe. During this period, whilst other +nations were extorting from her payment of their claims at the point of +the bayonet, the United States intermitted their demand for justice out +of respect to the oppressed condition of a gallant people to whom they +felt under obligations for fraternal assistance in their own days of +suffering and peril. The bad effects of these protracted and unavailing +discussions, were obvious, and the line of duty was to my mind equally +so. + +This was either to insist upon the adjustment of our claims within a +reasonable period or to abandon them altogether. I could not doubt that +by this course the interests and honor of both countries would be best +consulted. Instructions were therefore given in this spirit to the +minister who was sent out once more to demand reparation. + +Upon the meeting of Congress in December, 1829, I felt it my duty to +speak of these claims and the delays of France in terms calculated to +call the serious attention of both countries to the subject. The then +French ministry took exception to the message on the ground of its +containing a menace, under it was not agreeable to the French +Government to negotiate. The American minister of his own accord +refuted the construction which was attempted to be put upon the message +and at the same time called to the recollection of the French ministry +that the President's message was a communication addressed, not to +foreign governments, but to the Congress of the United States, in which +it was enjoined upon him by the Constitution to lay before that body +information of the state of the Union, comprehending its foreign as +well as its domestic relations, and that if in the discharge of this +duty he felt it incumbent upon him to summon the attention of Congress +in due time to what might be the possible consequences of existing +difficulties with any foreign government, he might fairly be supposed +to do so under a sense of his own Government, and not from any +intention of holding a menace over a foreign power. + +The views taken by him received my approbation, the French Government +was satisfied, and the negotiation was continued. It terminated in the +treaty of July 4th, recognizing the justice of our claims in part and +promising payment to the amount of 25,000,000 francs in six annual +installments. + +The ratifications of this treaty were exchanged at Washington on the +second of February, 1832, and in five days thereafter it was laid +before Congress, who immediately passed the acts necessary on our part +to secure to France the commercial advantages conceded to her in the +compact. The treaty had previously been solemnly ratified by the King +of the French in terms which are certainly not mere matters of form, +and of which the translation is as follows: WE, approving the above +convention in all and each of the dispositions which are contained in +it, do declare, by ourselves as well as by our heirs and successors, +that it is accepted, approved, ratified, and confirmed, and by these +presents, signed by our hand, we do accept, approve, ratify, and +confirm it; promising, on the faith and word of a king, to observe it +and to cause it to be observed inviolably, without ever contravening it +or suffering it to be contravened, directly or indirectly, for any +cause or under any pretense whatsoever. Official information of the +exchange of ratifications in the United States reached Paris whilst the +Chambers were in session. The extraordinary and to us injurious delays +of the French Government in their action upon the subject of its +fulfillment have been heretofore stated to Congress, and I have no +disposition to enlarge upon them here. It is sufficient to observe that +the then pending session was allowed to expire without even an effort +to obtain the necessary appropriations; that the two succeeding ones +were also suffered to pass away without anything like a serious attempt +to obtain a decision upon the subject, and that it was not until the +fourth session, almost three years after the conclusion of the treaty +and more than two years after the exchange of ratifications, that the +bill for the execution of the treaty was pressed to a vote and +rejected. + +In the mean time the Government of the United States, having full +confidence that a treaty entered into and so solemnly ratified by the +French King would be executed in good faith, and not doubting that +provision would be made for the payment of the first installment which +was to become due on the second day of February, 1833, negotiated a +draft for the amount through the Bank of the United States. When this +draft was presented by the holder with the credentials required by the +treaty to authorize him to receive the money, the Government of France +allowed it to be protested. In addition to the injury in the nonpayment +of the money by France, conformably to her engagement, the United +States were exposed to a heavy claim on the part of the bank under +pretense of damages, in satisfaction of which that institution seized +upon and still retains an equal amount of the public money. + +Congress was in session when the decision of the Chambers reached +Washington, and an immediate communication of this apparently final +decision of France not to fulfill the stipulation of the treaty was the +course naturally to be expected from the President. The deep tone of +dissatisfaction which pervaded the public mind and the correspondent +excitement produced in Congress by only a general knowledge of the +result rendered it more than probable that a resort to immediate +measures of redress would be the consequence of calling the attention +of that body to the subject. Sincerely desirous of preserving the +pacific relations which had so long existed between the two countries, +I was anxious to avoid this course if I could be satisfied that by so +neither the interests nor the honor of my country would be +compromitted. Without the fullest assurances on that point, I could not +hope to acquit myself of the responsibility to be incurred in suffering +Congress to adjourn without laying the subject before them. Those +received by me were believed to be of that character. + +That the feelings produced in the United States by the news of the +rejection of the appropriation would be such as I have described them +to have been was foreseen by the French Government, and prompt measures +were taken by it to prevent the consequence. The King in person +expressed through our minister at Paris his profound regret at the +decision of the Chambers, and promised to send forthwith a ship with +dispatches to his minister here authorizing him to give such assurances +as would satisfy the Government and people of the United States that +the treaty would yet be faithfully executed by France. + +The national ship arrived, and the minister received his instructions. +Claiming to act under the authority derived from them, he gave to this +government in the name of his the most solemn assurances that as soon +after the new elections as the charter would permit the French Chambers +would be convened and the attempt to procure the necessary +appropriations renewed; that all the constitutional powers of the King +and his ministers should be put in requisition to accomplish the +object, and he was understood, and so expressly informed by this +Government at the time, to engage that the question should be pressed +to a decision at a period sufficiently early to permit information of +the result to be communicated to Congress at the commencement of their +next session. Relying upon these assurances, I incurred the +responsibility, great as I regarded it to be, of suffering Congress to +separate without communicating with them upon the subject. + +The expectations justly founded upon the promises thus solemnly made to +this Government by that of France were not realized. The French +Chambers met on the thirty-first of July, 1834, soon after the +election, and although our minister in Paris urged the French ministry +to bring the subject before them, they declined doing so. He next +insisted that the Chambers, of prorogued without acting on the subject, +should be reassembled at a period so early that their action on the +treaty might be known in Washington prior to the meeting of Congress. + +This reasonable request was not only declined, but the Chambers were +prorogued to the 29th of December, a day so late that their decision, +however urgently pressed, could not in all probability be obtained in +time to reach Washington before the necessary adjournment of Congress +by the Constitution. The reasons given by the ministry for refusing to +convoke the Chambers at an earlier period were afterwards shewn not to +be insuperable by their actual convocation on the first of December +under a special call for domestic purposes, which fact, however, did +not become known to this Government until after the commencement of the +last session of Congress. + +Thus disappointed in our just expectations, it became my imperative +duty to consult with Congress in regard to the expediency of a resort +to retaliatory measures in case the stipulations of the treaty should +not be speedily complied with, and to recommend such as in my judgment +the occasion called for. To this end an unreserved communication of the +case in all its aspects became indispensable. To have shrunk in making +it from saying all that was necessary to its correct understanding, and +that the truth would justify, for fear of giving offense to others, +would have been unworthy of us. To have gone, on the other hand, a +single step further for the purpose of wounding the pride of a +Government and people with whom we had so many motives for cultivating +relations of amity and reciprocal advantage would have been unwise and +improper. + +Admonished by the past of the difficulty of making even the simplest +statement of our wrongs without disturbing the sensibilities of those +who had by their position become responsible for their redress, and +earnestly desirous of preventing further obstacles from that source, I +went out of my way to preclude a construction of the message by which +the recommendation that was made to Congress might be regarded as a +menace to France in not only disavowing such a design, but in declaring +that her pride and her power were too well known to expect anything +from her fears. The message did not reach Paris until more than a month +after the Chambers had been in session, and such was the insensibility +of the ministry to our rightful claims and just expectations that our +minister had been informed that the matter when introduced would not be +pressed as a cabinet measure. + +Although the message was not officially communicated to the French +Government, and not withstanding the declaration to the contrary which +it contained, the French ministry decided to consider the conditional +recommendation of reprisals a menace and an insult which the honor of +the nation made it incumbent on them to resent. The measures resorted +to by them to evince their sense of the supposed indignity were the +immediate recall of their minister at Washington, the offer of +passports to the American minister at Paris, and a public notice to the +legislative Chambers that all diplomatic intercourse with the United +States had been suspended. + +Having in this manner vindicated the dignity of France, they next +proceeded to illustrate her justice. To this end a bill was immediately +introduced into the Chamber of Deputies proposing to make the +appropriations necessary to carry into effect the treaty. As this bill +subsequently passed into a law, the provisions of which now constitute +the main subject of difficulty between the two nations, it becomes my +duty, in order to place the subject before you in a clear light, to +trace the history of its passage and to refer with some particularity +to the proceedings and discussions in regard to it. + +The minister of finance in his opening speech alluded to the measures +which had been adopted to resent the supposed indignity, and +recommended the execution of the treaty as a measure required by the +honor and justice of France. He as the organ of the ministry declared +the message, so long as it had not received the sanction of Congress, a +mere expression of the personal opinion of the President, for which +neither the Government nor people of the United States were +responsible, and that an engagement had been entered into for the +fulfillment of which the honor of France was pledged. Entertaining +these views, the single condition which the French ministry proposed to +annex to the payment of the money was that it should not be made until +it was ascertained that the Government of the United States had done +nothing to injure the interests of France, or, in other words, that no +steps had been authorized by Congress of a hostile character toward +France. + +What the disposition of action of Congress might be was then unknown to +the French cabinet; but on the 14th day of January the Senate resolved +that it was at that time inexpedient to adopt any legislative measures +in regard to the state of affairs between the United States and France, +and no action on the subject had occurred in the House of +Representatives. These facts were known in Paris prior to the 28th of +March, 1835, when the committee to whom the bill of indemnification had +been referred reported it to the Chamber of Deputies. That committee +substantially re-echoed the sentiments of the ministry, declared that +Congress had set aside the proposition of the President, and +recommended the passage of the bill without any other restriction than +that originally proposed. Thus was it known to the French ministry and +Chambers that if the position assumed by them, and which had been so +frequently and solemnly announced as the only one compatible with the +honor of France, was maintained and the bill passed as originally +proposed, the money would be paid and there would be an end of this +unfortunate controversy. + +But this cheering prospect was soon destroyed by an amendment +introduced into the bill at the moment of its passage, providing that +the money should not be paid until the French Government had received +satisfactory explanations of the President's message of the second +December, 1834, and, what is still more extraordinary, the president of +the council of ministers adopted this amendment and consented to its +incorporation in the bill. In regard to a supposed insult which had +been formally resented by the recall of their minister and the offer of +passports to ours, they now for the first time proposed to ask +explanations. Sentiments and propositions which they had declared could +not justly be imputed to the Government or people of the United States +are set up as obstacles to the performance of an act of conceded +justice to that Government and people. They had declared that the honor +of France required the fulfillment of the engagement into which the +King had entered, unless Congress adopted the recommendations of the +message. They ascertained that Congress did not adopt them, and yet +that fulfillment is refused unless they first obtain from the President +explanations of an opinion characterized by themselves as personal and +inoperative. + +The conception that it was my intention to menace or insult the +Government of France is as unfounded as the attempt to extort from the +fears of that nation what her sense of justice may deny would be vain +and ridiculous. But the Constitution of the United States imposes on +the President the duty of laying before Congress the condition of the +country in its foreign and domestic relations, and of recommending such +measures as may in his opinion be required by its interests. From the +performance of this duty he can not be deterred by the fear of wounding +the sensibilities of the people or government of whom it may become +necessary to speak; and the American people are incapable of submitting +to an interference by any government on earth, however powerful, with +the free performance of the domestic duties which the Constitution has +imposed on their public functionaries. + +The discussions which intervene between the several departments of our +Government being to ourselves, and for anything said in them our public +servants are only responsible to their own constituents and to each +other. If in the course of their consultations facts are erroneously +stated or unjust deductions are made, they require no other inducement +to correct them, however informed of their error, than their love of +justice and what is due to their own character; but they can never +submit to be interrogated upon the subject as a matter of right by a +foreign power. When our discussions terminate in acts, our +responsibility to foreign powers commences, not as individuals, but as +a nation. The principle which calls in question the President for the +language of his message would equally justify a foreign power in +demanding explanations of the language used in the report of a +committee or by a member in debate. + +This is not the first time that the Government of France has taken +exception to the messages of American Presidents. President Washington +and the first President Adams in the performance of their duties to the +American people fell under the animadversions of the French Directory. +The objection taken by the ministry of Charles X, and removed by the +explanation made by our minister upon the spot, has already been +adverted to. When it was understood that the ministry of the present +King took exception to my message of last year, putting a construction +upon it which was disavowed on its face, our late minister at Paris, in +answer to the note which first announced a dissatisfaction with the +language used in the message, made a communication to the French +Government under date of the 29th of January, 1835, calculated to +remove all impressions which an unreasonable susceptibility had +created. He repeated and called the attention of the French Government +to the disavowal contained in the message itself of any intention to +intimidate by menace; he truly declared that it contained and was +intended to contain no charge of ill faith against the King of the +French, and properly distinguished between the right to complain in +unexceptionable terms of the omission to execute an agreement and an +accusation of bad motives in withholding such execution, and +demonstrated that the necessary use of that right ought not to be +considered as an offensive imputation. + +Although this communication was made without instructions and entirely +on the minister's own responsibility, yet it was afterwards made the +act of this Government by my full approbation, and that approbation was +officially made known on the 25th of April, 1835, to the French +Government. It, however, failed to have any effect. The law, after this +friendly explanation, passed with the obnoxious amendment, supported by +the King's ministers, and was finally approved by the King. + +The people of the United States are justly attached to a pacific system +in their intercourse with foreign nations. It is proper, therefore, +that they should know whether their Government has adhered to it. In +the present instance it has been carried to the utmost extent that was +consistent with a becoming self-respect. The note of the 29th of +January, to which I have before alluded, was not the only one which our +minister took upon himself the responsibility of presenting on the same +subject and in the same spirit. + +Finding that it was intended to make the payment of a just debt +dependent on the performance of a condition which he knew could never +be complied with, he thought it a duty to make another attempt to +convince the French Government that whilst self-respect and regard to +the dignity of other nations would always prevent us from using any +language that ought to give offense, yet we could never admit a right +in any foreign government to ask explanations of or to interfere in any +manner in the communications which one branch of our public councils +made with another; that in the present case no such language had been +used, and that this had in a former note been fully and voluntarily +state, before it was contemplated to make the explanation a condition; +and that there might be no misapprehension he stated the terms used in +that note, and he officially informed them that it had been approved by +the President, and that therefore every explanation which could +reasonably be asked or honorably given had been already made; that the +contemplated measure had been anticipated by a voluntary and friendly +declaration, and was therefore not only useless, but might be deemed +offensive, and certainly would not be complied with if annexed as a +condition. + +When this latter communication, to which I especially invite the +attention of Congress, was laid before me, I entertained the hope that +the means it was obviously intended to afford of an honorable and +speedy adjustment of the difficulties between the two nations would +have been accepted, and I therefore did not hesitate to give it my +sanction and full approbation. This was due to the minister who had +made himself responsible for the act, and it was published to the +people of the United States and is now laid before their +representatives to shew how far their Executive has gone in its +endeavors to restore a good understanding between the two countries. It +would have been at any time communicated to the Government of France +had it been officially requested. + +The French Government having received all the explanation which honor +and principle permitted, and which could in reason be asked, it was +hoped it would no longer hesitate to pay the installments now due. The +agent authorized to receive the money was instructed to inform the +French minister of his readiness to do so. In reply to this notice he +was told that the money could not then be paid, because the formalities +required by the act of the Chambers had not been arranged. + +Not having received any official information of the intentions of the +French Government, and anxious to bring, as far as practicable, this +unpleasant affair to a close before the meeting of Congress, that you +might have the whole subject before you, I caused our charge d'affaires +at Paris to be instructed to ask for the final determination of the +French Government, and in the event of their refusal to pay the +installments now due, without further explanations to return to the +United States. + +The result of this last application has not yet reached us, but is +daily expected. That it may be favorable is my sincere wish. France +having now, through all the branches of her Government, acknowledged +the validity of our claims and the obligation of the treaty of 1831, +and there really existing no adequate cause for further delay, will at +length, it may be hoped, adopt the course which the interests of both +nations, not less than the principles of justice, so imperiously +require. The treaty being once executed on her part, little will remain +to disturb the friendly relations of the two countries--nothing, +indeed, which will not yield to the suggestions of a pacific and +enlightened policy and to the influence of that mutual good will and of +those generous recollections which we may confidently expect will then +be revived in all their ancient force. + +In any event, however, the principle involved in the new aspect which +has been given to the controversy is so vitally important to the +independent administration of the Government that it can neither be +surrendered nor compromitted without national degradation. I hope it is +unnecessary for me to say that such a sacrifice will not be made +through any agency of mine. The honor of my country shall never be +stained by an apology from me for the statement of truth and the +performance of duty; nor can I give any explanation of my official acts +except such as is due to integrity and justice and consistent with the +principles on which our institutions have been framed. This +determination will, I am confident, be approved by my constituents. I +have, indeed, studied their character to but little purpose if the sum +of 25,000,000 francs will have the weight of a feather in the +estimation of what appertains to their national independence, and if, +unhappily, a different impression should at any time obtain in any +quarter, they will, I am sure, rally round the Government of their +choice with alacrity and unanimity, and silence for ever the degrading +imputation. + +Having thus frankly presented to you the circumstances which since the +last session of Congress have occurred in this interesting and +important matter, with the views of the Executive in regard to them, it +is at this time only necessary to add that when ever the advices now +daily expected from our charge d'affaires shall have been received they +will be made the subject of a special communication. + +The condition of the public finances was never more flattering than at +the present period. + +Since my last annual communication all the remains of the public debt +have been redeemed, or money has been placed in deposit for this +purpose when ever the creditors choose to receive it. All the other +pecuniary engagements of the Government have been honorably and +promptly fulfilled, and there will be a balance in the Treasury at the +close of the year of about $19,000,000. It is believed that after +meeting all outstanding and unexpended appropriations there will remain +near $11,000,000 to be applied to any new objects which Congress may +designate or to the more rapid execution of the works already in +progress. In aid of these objects, and to satisfy the current +expenditures of the ensuing year, it is estimated that there will be +received from various sources $20,000,000 more in 1836. + +Should Congress make new appropriations in conformity with the +estimates which will be submitted from the proper Departments, +amounting to about $24,000,000, still the available surplus at the +close of the next year, after deducting all unexpended appropriations, +will probably not be less than $6,000,000. This sum can, in my +judgment, be now usefully applied to proposed improvements in our navy +yards, and to new national works which are not enumerated in the +present estimates or to the more rapid completion of those already +begun. Either would be constitutional and useful, and would render +unnecessary any attempt in our present peculiar condition to divide the +surplus revenue or to reduce it any faster than will be effected by the +existing laws. + +In any event, as the annual report from the Secretary of the Treasury +will enter into details, shewing the probability of some decrease in +the revenue during the next seven years and a very considerable +deduction in 1842, it is not recommended that Congress should undertake +to modify the present tariff so as to disturb the principles on which +the compromise act was passed. Taxation on some of the articles of +general consumption which are not in competition with our own +productions may be no doubt so diminished as to lessen to some extent +the source of this revenue, and the same object can also be assisted by +more liberal provisions for the subjects of public defense, which in +the present state of our prosperity and wealth may be expected to +engage your attention. + +If, however, after satisfying all the demands which can arise from +these sources the unexpended balance in the Treasury should still +continue to increase, it would be better to bear with the evil until +the great changes contemplated in our tariff laws have occurred and +shall enable us to revise the system with that care and circumspection +which are due to so delicate and important a subject. + +It is certainly our duty to diminish as far as we can the burdens of +taxation and to regard all the restrictions which are imposed on the +trade and navigation of our citizens as evils which we shall mitigate +when ever we are not prevented by the adverse legislation and policy of +foreign nations or those primary duties which the defense and +independence of our country enjoin upon us. That we have accomplished +much toward the relief of our citizens by the changes which have +accompanied the payment of the public debt and the adoption of the +present revenue laws is manifest from the fact that compared to 1833 +there is a diminution of near $25,000,000 in the last two years, and +that our expenditures, independently of those for the public debt, have +been reduced near $9,000,000 during the same period. Let us trust that +by the continued observance of economy and by harmonizing the great +interests of agriculture, manufactures, and commerce much more may be +accomplished to diminish the burdens of government and to increase +still further the enterprise and the patriotic affection of all classes +of our citizens and all the members of our happy Confederacy. As the +data which the Secretary of the Treasury will lay before you in regard +to our financial resources are full and extended, and will afford a +safe guide in your future calculations, I think it unnecessary to offer +any further observations on that subject here. + +Among the evidences of the increasing prosperity of the country, not +the least gratifying is that afforded by the receipts from the sales of +the public lands, which amount in the present year to the unexpected +sum of $11,000,000. This circumstance attests the rapidity with which +agriculture, the first and most important occupation of man, advances +and contributes to the wealth and power of our extended territory. +Being still of the opinion that it is our best policy, as far as we can +consistently with the obligations under which those lands were ceded to +the United States, to promote their speedy settlement, I beg leave to +call the attention of the present Congress to the suggestions I have +offered respecting it in my former messages. + +The extraordinary receipts from the sales of the public lands invite +you to consider what improvements the land system, and particularly the +condition of the General Land Office, may require. At the time this +institution was organized, near a quarter century ago, it would +probably have been thought extravagant to anticipate for this period +such an addition to its business as has been produced by the vast +increase of those sales during the past and present years. It may also +be observed that since the year 1812 the land offices and surveying +districts have been greatly multiplied, and that numerous legislative +enactments from year to year since that time have imposed a great +amount of new and additional duties upon that office, while the want of +a timely application of force commensurate with the care and labor +required has caused the increasing embarrassment of accumulated arrears +in the different branches of the establishment. + +These impediments to the expedition of much duty in the General Land +Office induce me to submit to your judgment whether some modification +of the laws relating to its organization, or an organization of a new +character, be not called for at the present juncture, to enable the +office to accomplish all the ends of its institution with a greater +degree of facility and promptitude than experience has proved to be +practicable under existing regulations. The variety of the concerns and +the magnitude and complexity of the details occupying and dividing the +attention of the Commissioner appear to render it difficult, if not +impracticable, for that officer by any possible assiduity to bestow on +all the multifarious subjects upon which he is called to act the ready +and careful attention due to their respective importance, unless the +Legislature shall assist him by a law providing, or enabling him to +provide, for a more regular and economical distribution of labor, with +the incident responsibility among those employed under his direction. +The mere manual operation of affixing his signature to the vast number +of documents issuing from his office subtracts so largely from the time +and attention claimed by the weighty and complicated subjects daily +accumulating in that branch of the public service as to indicate the +strong necessity of revising the organic law of the establishment. It +will be easy for Congress hereafter to proportion the expenditure on +account of this branch of the service to its real wants by abolishing +from time to time the offices which can be dispensed with. + +The extinction of the public debt having taken place, there is no +longer any use for the offices of Commissioners of Loans and of the +Sinking Fund. I recommend, therefore, that they be abolished, and that +proper measures be taken for the transfer to the Treasury Department of +any funds, books, and papers connected with the operations of those +offices, and that the proper power be given to that Department for +closing finally any portion of their business which may remain to be +settled. + +It is also incumbent on Congress in guarding the pecuniary interests of +the country to discontinue by such a law as was passed in 1812 the +receipt of the bills of the Bank of the United States in payment of the +public revenue, and to provide for the designation of an agent whose +duty it shall be to take charge of the books and stock of the United +States in that institution, and to close all connection with it after +the 3d of March, 1833, when its charter expires. In making provision in +regard to the disposition of this stock it will be essential to define +clearly and strictly the duties and powers of the officer charged with +that branch of the public service. + +It will be seen from the correspondence which the Secretary of the +Treasury will lay before you that not withstanding the large amount of +the stock which the United States hold in that institution no +information has yet been communicated which will enable the Government +to anticipate when it can receive any dividends or derive any benefit +from it. + +Connected with the condition of the finances and the flourishing state +of the country in all its branches of industry, it is pleasing to +witness the advantages which have been already derived from the recent +laws regulating the value of the gold coinage. These advantages will be +more apparent in the course of the next year, when the branch mints +authorized to be established in North Carolina, Georgia, and Louisiana +shall have gone into operation. Aided, as it is hoped they will be, by +further reforms in the banking systems of the States and by judicious +regulations on the part of Congress in relation to the custody of the +public moneys, it may be confidently anticipated that the use of gold +and silver as circulating medium will become general in the ordinary +transactions connected with the labor of the country. + +The great desideratum in modern times is an efficient check upon the +power of banks, preventing that excessive issue of paper whence arise +those fluctuations in the standard of value which render uncertain the +rewards of labor. It was supposed by those who established the Bank of +the United States that from the credit given to it by the custody of +the public moneys and other privileges and the precautions taken to +guard against the evils which the country had suffered in the +bankruptcy of many of the State institutions of that period we should +derive from that institution all the security and benefits of a sound +currency and every good end that was attainable under the provision of +the Constitution which authorizes Congress alone to coin money and +regulate the value thereof. But it is scarcely necessary now to say +that these anticipations have not been realized. + +After the extensive embarrassment and distress recently produced by the +Bank of the United States, from which the country is now recovering, +aggravated as they were by pretensions to power which defied the public +authority, and which if acquiesced in by the people would have changed +the whole character of our Government, every candid and intelligent +individual must admit that for the attainment of the great advantages +of a sound currency we must look to a course of legislation radically +different from that which created such an institution. + +In considering the means of obtaining so important an end we must set +aside all calculations of temporary convenience, and be influenced by +those only which are in harmony with the true character and the +permanent interests of the Republic. We must recur to first principles +and see what it is that has prevented the legislation of Congress and +the States on the subject of currency from satisfying the public +expectation and realizing results corresponding to those which have +attended the action of our system when truly consistent with the great +principle of equality upon which it rests, and with that spirit of +forbearance and mutual concession and generous patriotism which was +originally, and must ever continue to be, the vital element of our +Union. + +On this subject I am sure that I can not be mistaken in ascribing our +want of success to the undue countenance which has been afforded to the +spirit of monopoly. All the serious dangers which our system has yet +encountered may be traced to the resort to implied powers and the use +of corporations clothed with privileges, the effect of which is to +advance the interests of the few at the expense of the many. + +We have felt but one class of these dangers exhibited in the contest +waged by the Bank of the United States against the Government for the +last four years. Happily they have been obviated for the present by the +indignant resistance of the people, but we should recollect that the +principle whence they sprung is an ever-active one, which will not fail +to renew its efforts in the same and in other forms so long as there is +a hope of success, founded either on the inattention of the people or +the treachery of their representatives to the subtle progress of its +influence. + +The bank is, in fact, but one of the fruits of a system at war with the +genius of all our institutions--a system founded upon a political creed +the fundamental principle of which is a distrust of the popular will as +a safe regulator of political power, and whose great ultimate object +and inevitable result, should it prevail, is the consolidation of all +power in our system in one central government. Lavish public +disbursements and corporations with exclusive privileges would be its +substitutes for the original and as yet sound checks and balances of +the Constitution--the means by whose silent and secret operation a +control would be exercised by the few over the political conduct of the +many by first acquiring that control over the labor and earnings of the +great body of the people. Wherever this spirit has effected an alliance +with political power, tyranny and despotism have been the fruit. If it +is ever used for the ends of government, it has to be incessantly +watched, or it corrupts the sources of the public virtue and agitates +the country with questions unfavorable to the harmonious and steady +pursuit of its true interests. + +We are now to see whether, in the present favorable condition of the +country, we can not take an effectual stand against the spirit of +monopoly, and practically prove in respect to the currency as well as +other important interests that there is no necessity for so extensive a +resort to it as that which has been heretofore practiced. The +experience of another year has confirmed the utter fallacy of the idea +that the Bank of the United States was necessary as a fiscal agent of +the Government. Without its aid as such, indeed, in despite of all the +embarrassment it was in its power to create, the revenue has been paid +with punctuality by our citizens, the business of exchange, both +foreign and domestic, has been conducted with convenience, and the +circulating medium has been greatly improved. + +By the use of the State banks, which do not derive their charters from +the General Government and are not controlled by its authority, it is +ascertained that the moneys of the United States can be collected and +disbursed without loss or inconvenience, and that all the wants of the +community in relation to exchange and currency are supplied as well as +they have ever been before. If under circumstances the most unfavorable +to the steadiness of the money market it has been found that the +considerations on which the Bank of the United States rested its claims +to the public favor were imaginary and groundless, it can not be +doubted that the experience of the future will be more decisive against +them. + +It has been seen that without the agency of a great moneyed monopoly +the revenue can be collected and conveniently and safely applied to all +the purposes of the public expenditure. It is also ascertained that +instead of being necessarily made to promote the evils of an unchecked +paper system, the management of the revenue can be made auxiliary to +the reform which the legislatures of several of the States have already +commenced in regard to the suppression of small bills, and which has +only to be fostered by proper regulations on the part of Congress to +secure a practical return to the extent required for the security of +the currency to the constitutional medium. + +Severed from the Government as political engines, and not susceptible +of dangerous extension and combination, the State banks will not be +tempted, nor will they have the power, which we have seen exercised, to +divert the public funds from the legitimate purposes of the Government. +The collection and custody of the revenue, being, on the contrary, a +source of credit to them, will increase the security which the States +provide for a faithful execution of their trusts by multiplying the +scrutinies to which their operations and accounts will be subjected. +Thus disposed, as well from interest as the obligations of their +charters, it can not be doubted that such conditions as Congress may +see fit to adopt respecting the deposits in these institutions, with a +view to the gradual disuse, of the small bills will be cheerfully +complied with, and that we shall soon gain in place of the Bank of the +United States a practical reform in the whole paper system of the +country. If by this policy we can ultimately witness the suppression of +all bank bills below $20, it is apparent that gold and silver will take +their place and become the principal circulating medium in the common +business of the farmers and mechanics of the country. The attainment of +such a result will form an era in the history of our country which will +be dwelt upon with delight by every true friend of its liberty and +independence. It will lighten the great tax which our paper system has +so long collected from the earnings of labor, and do more to revive and +perpetuate those habits of economy and simplicity which are so +congenial to the character of republicans than all the legislation +which has yet been attempted. + +To this subject I feel that I can not too earnestly invite the special +attention of Congress, without the exercise of whose authority the +opportunity to accomplish so much public good must pass unimproved. +Deeply impressed with its vital importance, the Executive has taken all +the steps within his constitutional power to guard the public revenue +and defeat the expectation which the Bank of the United States indulged +of renewing and perpetuating its monopoly on the ground of its +necessity as a fiscal agent and as affording a sounder currency than +could be obtained without such an institution. + +In the performance of this duty much responsibility was incurred which +would have been gladly avoided if the stake which the public had in the +question could have been otherwise preserved. Although clothed with the +legal authority and supported by precedent, I was aware that there was +in the act of the removal of the deposits a liability to excite that +sensitiveness to Executive power which it is characteristic and the +duty of free men to indulge; but I relied on this feeling also, +directed by patriotism and intelligence, to vindicate the conduct which +in the end would appear to have been called for by the interests of my +country. The apprehensions natural to this feeling that there may have +been a desire, through the instrumentality of that measure, to extend +the Executive influence, or that it may have been prompted by motives +not sufficiently free from ambition, were not over-looked. Under the +operation of our institutions the public servant who is called on to +take a step of high responsibility should feel in the freedom which +gives rise to such apprehensions his highest security. When unfounded +the attention which they arouse and the discussions they excite deprive +those who indulge them of the power to do harm; when just they but +hasten the certainty with which the great body of our citizens never +fail to repel an attempt to procure the sanction to any exercise of +power inconsistent with the jealous maintenance of their rights. + +Under such convictions, and entertaining no doubt that my +constitutional obligations demanded the steps which were taken in +reference to the removal of the deposits, it was impossible for me to +be deterred from the path of duty by a fear that my motives could be +misjudged or that political prejudices could defeat the just +consideration of the merits of my conduct. The result has shewn how +safe is this reliance upon the patriotic temper and enlightened +discernment of the people. That measure has now been before them and +has stood the test of all the severe analysis which its general +importance, the interests it affected, and the apprehensions it excited +were calculated to produce, and it now remains for Congress to consider +what legislation has become necessary in consequence. + +I need only add to what I have on former occasions said on this subject +generally that in the regulations which Congress may prescribe +respecting the custody of the public moneys it is desirable that as +little discretion as may be deemed consistent with their safe-keeping +should be given to the executive agents. No one can be more deeply +impressed than I am with the soundness of the doctrine which restrains +and limits, by specific provisions, executive discretion, as far as it +can be done consistently with the preservation of its constitutional +character. In respect to the control over the public money this +doctrine is peculiarly applicable, and is in harmony with the great +principle which I felt I was sustaining in the controversy with the +Bank of the United States, which has resulted in severing to some +extent a dangerous connection between a moneyed and political power. +The duty of the Legislature to define, by clear and positive +enactments, the nature and extent of the action which it belongs to the +Executive to superintend springs out of a policy analogous to that +which enjoins upon all branches of the Federal Government an abstinence +from the exercise of powers not clearly granted. + +In such a Government, possessing only limited and specific powers, the +spirit of its general administration can not be wise or just when it +opposes the reference of all doubtful points to the great source of +authority, the States and the people, whose number and diversified +relations securing them against the influences and excitements which +may mislead their agents, make them the safest depository of power. In +its application to the Executive, with reference to the legislative +branch of the Government, the same rule of action should make the +President ever anxious to avoid the exercise of any discretionary +authority which can be regulated by Congress. The biases which may +operate upon him will not be so likely to extend to the representatives +of the people in that body. + +In my former messages to Congress I have repeatedly urged the propriety +of lessening the discretionary authority lodged in the various +Departments, but it has produced no effect as yet, except the +discontinuance of extra allowances in the Army and Navy and the +substitution of fixed salaries in the latter. It is believed that the +same principles could be advantageously applied in all cases, and would +promote the efficiency and economy of the public service, at the same +time that greater satisfaction and more equal justice would be secured +to the public officers generally. + +The accompanying report of the Secretary of War will put you in +possession of the operations of the Department confided to his care in +all its diversified relations during the past year. + +I am gratified in being able to inform you that no occurrence has +required any movement of the military force, except such as is common +to a state of peace. The services of the Army have been limited to +their usual duties at the various garrisons upon the Atlantic and +in-land frontier, with the exceptions states by the Secretary of War. +Our small military establishment appears to be adequate to the purposes +for which it is maintained, and it forms a nucleus around which any +additional force may be collected should the public exigencies +unfortunately require any increase of our military means. + +*** + +State of the Union Address +Andrew Jackson +December 5, 1836 + +Fellow Citizens of the Senate and of the House of Representatives: + +Addressing to you the last annual message I shall ever present to the +Congress of the United States, it is a source of the most heartfelt +satisfaction to be able to congratulate you on the high state of +prosperity which our beloved country has attained. With no causes at +home or abroad to lessen the confidence with which we look to the +future for continuing proofs of the capacity of our free institutions +to produce all the fruits of good government, the general condition of +our affairs may well excite our national pride. + +I can not avoid congratulating you, and my country particularly, on the +success of the efforts made during my Administration by the Executive +and Legislature, in conformity with the sincere, constant, and earnest +desire of the people, to maintain peace and establish cordial relations +with all foreign powers. Our gratitude is due to the Supreme Ruler of +the Universe, and I invite you to unite with me in offering to Him +fervent supplications that His providential care may ever be extended +to those who follow us, enabling them to avoid the dangers and the +horrors of war consistently with a just and indispensable regard to the +rights and honor of our country. But although the present state of our +foreign affairs, standing, without important change, as they did when +you separated in July last, is flattering in the extreme, I regret to +say that many questions of an interesting character, at issue with +other powers, are yet unadjusted. Amongst the most prominent of these +is that of our north east boundary. With an undiminished confidence in +the sincere desire of His Britannic Majesty's Government to adjust that +question, I am not yet in possession of the precise grounds upon which +it proposes a satisfactory adjustment. + +With France our diplomatic relations have been resumed, and under +circumstances which attest the disposition of both Governments to +preserve a mutually beneficial intercourse and foster those amicable +feelings which are so strongly required by the true interests of the +two countries. With Russia, Austria, Prussia, Naples, Sweden, and +Denmark the best understanding exists, and our commercial intercourse +is gradually expanding itself with them. It is encouraged in all these +countries, except Naples, by their mutually advantageous and liberal +treaty stipulations with us. + +The claims of our citizens on Portugal are admitted to be just, but +provision for the payment of them has been unfortunately delayed by +frequent political changes in that Kingdom. + +The blessings of peace have not been secured by Spain. Our connections +with that country are on the best footing, with the exception of the +burdens still imposed upon our commerce with her possessions out of +Europe. + +The claims of American citizens for losses sustained at the bombardment +of Antwerp have been presented to the Governments of Holland and +Belgium, and will be pressed, in due season, to settlement. + +With Brazil and all our neighbors of this continent we continue to +maintain relations of amity and concord, extending our commerce with +them as far as the resources of the people and the policy of their +Governments will permit. The just and long-standing claims of our +citizens upon some of them are yet sources of dissatisfaction and +complaint. No danger is apprehended, however, that they will not be +peacefully, although tardily, acknowledged and paid by all, unless the +irritating effect of her struggle with Texas should unfortunately make +our immediate neighbor, Mexico, an exception. + +It is already known to you, by the correspondence between the two +Governments communicated at your last session, that our conduct in +relation to that struggle is regulated by the same principles that +governed us in the dispute between Spain and Mexico herself, and I +trust that it will be found on the most severe scrutiny that our acts +have strictly corresponded with our professions. That the inhabitants +of the United States should feel strong prepossessions for the one +party is not surprising. But this circumstance should of itself teach +us great caution, lest it lead us into the great error of suffering +public policy to be regulated by partially or prejudice; and there are +considerations connected with the possible result of this contest +between the two parties of so much delicacy and importance to the +United States that our character requires that we should neither +anticipate events nor attempt to control them. + +The known desire of the Texans to become a part of our system, although +its gratification depends upon the reconcilement of various and +conflicting interests, necessarily a work of time and uncertain in +itself, is calculated to expose our conduct to misconstruction in the +eyes of the world. There are already those who, indifferent to +principle themselves and prone to suspect the want of it in others, +charge us with ambitious designs and insidious policy. + +You will perceive by the accompanying documents that the extraordinary +mission from Mexico has been terminated on the sole ground that the +obligations of this Government to itself and to Mexico, under treaty +stipulations, have compelled me to trust a discretionary authority to a +high officer of our Army to advance into territory claimed as part of +Texas if necessary to protect our own or the neighboring frontier from +Indian depredation. In the opinion of the Mexican functionary who has +just left us, the honor of his country will be wounded by American +soldiers entering, with the most amicable avowed purposes, upon ground +from which the followers of his Government have been expelled, and over +which there is at present no certainty of a serious effort on its part +to re-establish its dominion. The departure of this minister was the +more singular as he was apprised that the sufficiency of the causes +assigned for the advance of our troops by the commanding general had +been seriously doubted by me, and there was every reason to suppose +that the troops of the United States, their commander having had time +to ascertain the truth or falsehood of the information upon which they +had been marched to Nacogdoches, would be either there in perfect +accordance with the principles admitted to be just in his conference +with the Secretary of State by the Mexican minister himself, or were +already withdrawn in consequence of the impressive warnings their +commanding officer had received from the Department of War. It is hoped +and believed that his Government will take a more dispassionate and +just view of this subject, and not be disposed to construe a measure of +justifiable precaution, made necessary by its known inability in +execution of the stipulations of our treaty to act upon the frontier, +into an encroachment upon its rights or a stain upon its honor. + +In the mean time the ancient complaints of injustice made on behalf of +our citizens are disregarded, and new causes of dissatisfaction have +arisen, some of them of a character requiring prompt remonstrance and +ample and immediate redress. I trust, however, by tempering firmness +with courtesy and acting with great forbearance upon every incident +that has occurred or that may happen, to do and to obtain justice, and +thus avoid the necessity of again bringing this subject to the view of +Congress. + +It is my duty to remind you that no provision has been made to execute +our treaty with Mexico for tracing the boundary line between the two +countries. What ever may be the prospect of Mexico's being soon able to +execute the treaty on its part, it is proper that we should be in +anticipation prepared at all times to perform our obligations, without +regard to the probable condition of those with whom we have contracted +them. + +The result of the confidential inquiries made into the condition and +prospects of the newly declared Texan Government will be communicated +to you in the course of the session. + +Commercial treaties promising great advantages to our enterprising +merchants and navigators have been formed with the distant Governments +of Muscat and Siam. The ratifications have been exchanged, but have not +reached the Department of State. Copes of the treaties will be +transmitted to you if received before, or published if arriving after, +the close of the present session of Congress. + +Nothing has occurred to interrupt the good understanding that has long +existed with the Barbary Powers, nor to check the good will which is +gradually growing up from our intercourse with the dominions of the +Government of growing of the distinguished chief of the Ottoman Empire. + +Information has been received at the Department of State that a treaty +with the Emperor of Morocco has just been negotiated, which, I hope, +will be received in time to be laid before the Senate previous to the +close of the session. + +You will perceive from the report of the Secretary of the Treasury that +the financial means of the country continue to keep pace with its +improvement in all other respects. The receipts into the Treasury +during the present year will amount to about $47,691,898; those from +customs being estimated at $22,523,151, those from lands at about +$24,000,000, and the residue from miscellaneous sources. The +expenditures for all objects during the year are estimated not to +exceed $32,000,000, which will leave a balance in the Treasury for +public purposes on the first day of January next of about $41,723,959. +This sum, with the exception of $5,000,000, will be transferred to +the several States in accordance with the provisions of the act +regulating the deposits of the public money. + +The unexpended balances of appropriation on the first day of January +next are estimated at $14,636,062, exceeding by $9,636,062 the amount +which will be left in the deposit banks, subject to the draft of the +Treasurer of the United States, after the contemplated transfers to the +several States are made. If, therefore, the future receipts should not +be sufficient to meet these outstanding and future appropriations, +there may be soon a necessity to use a portion of the funds deposited +with the States. + +The consequences apprehended when the deposit act of the last session +received a reluctant approval have been measurably realized. Though an +act merely for the deposit of the surplus moneys of the United States +in the State treasuries for safe-keeping until they may be wanted for +the service of the General Government, it has been extensively spoken +of as an act to give the money to the several States, and they have +been advised to use it as a gift, without regard to the means of +refunding it when called for. Such a suggestion has doubtless been made +without a proper attention to the various principles and interests +which are affected by it. + +It is manifest that the law itself can not sanction such a suggestion, +and that as it now stands the States have no more authority to receive +and use these deposits without intending to return them than any +deposit bank or any individual temporarily charged with the +safe-keeping or application of the public money would now have for +converting the same to their private use without the consent and +against the will of the Government. But independently of the violation +of public faith and moral obligation which are involved in this +suggestion when examined in reference to the terms of the present +deposit act, it is believed that the considerations which should govern +the future legislation of Congress on this subject will be equally +conclusive against the adoption of any measure recognizing the +principles on which the suggestion has been made. + +Considering the intimate connection of the subject with the financial +interests of the country and its great importance in whatever aspect it +can be viewed, I have bestowed upon it the most anxious reflection, and +feel it to be my duty to state to Congress such thoughts as have +occurred to me, to aid their deliberation in treating it in the manner +best calculated to conduce to the common good. + +The experience of other nations admonished us to hasten the +extinguishment of the public debt; but it will be in vain that we have +congratulated each other upon the disappearance of this evil if we do +not guard against the equally great one of promoting the unnecessary +accumulation of public revenue. No political maxim is better +established than that which tells us that an improvident expenditure of +money is the parent of profligacy, and that no people can hope to +perpetuate their liberties who long acquiesce in a policy which taxes +them for objects not necessary to the legitimate and real wants of +their Government. Flattering as is the condition of our country at the +present period, because of its unexampled advance in all the steps of +social and political improvement, it can not be disguised that there is +a lurking danger already apparent in the neglect of this warning truth, +and that the time has arrived when the representatives of the people +should be employed in devising some more appropriate remedy than now +exists to avert it. + +Under our present revenue system there is every probability that there +will continue to be a surplus beyond the wants of the Government, and +it has become our duty to decide whether such a result be consistent +with the true objects of our Government. + +Should a surplus be permitted to accumulate beyond the appropriations, +it must be retained in the Treasury, as it now is, or distributed among +the people or the States. + +To retain it in the Treasury unemployed in any way is impracticable; it +is, besides, against the genius of our free institutions to lock up in +vaults the treasure of the nation. To take from the people the right of +bearing arms and put their weapons of defense in the hands of a +standing army would be scarcely more dangerous to their liberties than +to permit the Government to accumulate immense amounts of treasure +beyond the supplies necessary to its legitimate wants. Such a treasure +would doubtless be employed at some time, as it has been in other +countries, when opportunity tempted ambition. + +To collect it merely for distribution to the States would seem to be +highly impolitic, if not as dangerous as the proposition to retain it +in the Treasury. + +The shortest reflection must satisfy everyone that to require the +people to pay taxes to the Government merely that they may be paid back +again is sporting with the substantial interests of the country, and no +system which produces such a result can be expected to receive the +public countenance. Nothing could be gained by it even if each +individual who contributed a portion of the tax could receive back +promptly the same portion. But it is apparent that no system of the +kind can ever be enforced which will not absorb a considerable portion +of the money to be distributed in salaries and commissions to the +agents employed in the process and in the various losses and +depreciations which arise from other causes, and the practical effect +of such an attempt must ever be to burden the people with taxes, not +for purposes beneficial to them, but to swell the profits of deposit +banks and support a band of useless public officers. + +A distribution to the people is impracticable and unjust in other +respects. It would be taking one man's property and giving it to +another. Such would be the unavoidable result of a rule of equality +(and none other is spoken of or would be likely to be adopted), in as +much as there is no mode by which the amount of the individual +contributions of our citizens to the public revenue can be ascertained. +We know that they contribute unequally, and a rule, therefore, that +would distribute to them equally would be liable to all the objections +which apply to the principle of an equal division of property. To make +the General Government the instrument of carrying this odious principle +into effect would be at once to destroy the means of its usefulness and +change the character designed for it by the framers of the +Constitution. + +But the more extended and injurious consequences likely to result from +a policy which would collect a surplus revenue from the purpose of +distributing it may be forcibly illustrated by an examination of the +effects already produced by the present deposit act. This act, although +certainly designed to secure the safe-keeping of the public revenue, is +not entirely free in its tendencies from any of the objections which +apply to this principle of distribution. The Government had without +necessity received from the people a large surplus, which, instead of +being employed as heretofore and returned to them by means of the +public expenditure, was deposited with sundry banks. The banks +proceeded to make loans upon this surplus, and thus converted it into +banking capital, and in this manner it has tended to multiply bank +charters and has had a great agency in producing a spirit of wild +speculation. The possession and use of the property out of which this +surplus was created belonged to the people, but the Government has +transferred its possession to incorporated banks, whose interest and +effort it is to make large profits out of its use. This process need +only be stated to show its injustice and bad policy. + +And the same observations apply to the influence which is produced by +the steps necessary to collect as well as to distribute such a revenue. +About 3/5 of all the duties on imports are paid in the city of New +York, but it is obvious that the means to pay those duties are drawn +from every quarter of the Union. Every citizen in every State who +purchases and consumes an article which has paid a duty at that port +contributes to the accumulating mass. The surplus collected there must +therefore be made up of moneys or property withdrawn from other points +and other States. Thus the wealth and business of every region from +which these surplus funds proceed must be to some extent injured, while +that of the place where the funds are concentrated and are employed in +banking are proportionably extended. But both in making the transfer of +the funds which are first necessary to pay the duties and collect the +surplus and in making the re-transfer which becomes necessary when the +time arrives for the distribution of that surplus there is a +considerable period when the funds can not be brought into use, and it +is manifest that, besides the loss inevitable from such an operation, +its tendency is to produce fluctuations in the business of the country, +which are always productive of speculation and detrimental to the +interests of regular trade. Argument can scarcely be necessary to show +that a measure of this character ought not to receive further +legislative encouragement. + +By examining the practical operation of the ration for distribution +adopted in the deposit bill of the last session we shall discover other +features that appear equally objectionable. Let it be assumed, for the +sake of argument, that the surplus moneys to be deposited with the +States have been collected and belong to them in the ration of their +federal representative population--an assumption founded upon the fact +that any deficiencies in our future revenue from imposts and public +lands must be made up by direct taxes collected from the States in that +ration. It is proposed to distribute this surplus--say $30,000,000--not +according to the ration in which it has been collected and belongs to +the people of the States, but in that of their votes in the colleges of +electors of President and Vice President. The effect of a distribution +upon that ration is shown by the annexed table, marked A. + +By an examination of that table it will be perceived that in the +distribution of a surplus of $30,000,000 upon that basis there is a +great departure from the principle which regards representation as the +true measure of taxation, and it will be found that the tendency of +that departure will be to increase whatever inequalities have been +supposed to attend the operation of our federal system in respect to +its bearings upon the different interests of the Union. In making the +basis of representation the basis of taxation the framers of the +Constitution intended to equalize the burdens which are necessary to +support the Government, and the adoption of that ratio, while it +accomplished this object, was also the means of adjusting other great +topics arising out of the conflicting views respecting the political +equality of the various members of the Confederacy. What ever, +therefore, disturbs the liberal spirit of the compromises which +established a rule of taxation so just and equitable, and which +experience has proved to be so well adapted to the genius and habits of +our people, should be received with the greatest caution and distrust. + +A bare inspection in the annexed table of the differences produced by +the ration used in the deposit act compared with the results of a +distribution according to the ration of direct taxation must satisfy +every unprejudiced mind that the former ration contravenes the spirit +of the Constitution and produces a degree of injustice in the +operations of the Federal Government which would be fatal to the hope +of perpetuating it. By the ration of direct taxation, for example, the +State of Delaware in the collection of $30,000,000 of revenue would pay +into the Treasury $188,716, and in a distribution of $30,000,000 she +would receive back from the Government, according to the ration of the +deposit bill, the sum of $306,122; and similar results would follow the +comparison between the small and the large States throughout the Union, +thus realizing to the small States an advantage which would be +doubtless as unacceptable to them as a motive for incorporating the +principle in any system which would produce it as it would be +inconsistent with the rights and expectations of the large States. + +It was certainly the intention of that provision of the Constitution +which declares that "all duties, imposts, and excises" shall "be +uniform throughout the United States" to make the burdens of taxation +fall equally upon the people in what ever State of the Union they may +reside. But what would be the value of such a uniform rule if the +moneys raised by it could be immediately returned by a different one +which will give to the people of some States much more and to those of +others much less than their fair proportions? Were the Federal +Government to exempt in express terms the imports, products, and +manufactures of some portions of the country from all duties while it +imposed heavy ones on others, the injustice could not be greater. It +would be easy to show how by the operation of such a principle the +large States of the Union would not only have to contribute their just +share toward the support of the Federal Government, but also have to +bear in some degree the taxes necessary to support the governments of +their smaller sisters; but it is deemed unnecessary to state the +details where the general principle is so obvious. + +A system liable to such objections can never be supposed to have been +sanctioned by the framers of the Constitution when they conferred on +Congress the taxing power, and I feel persuaded that a mature +examination of the subject will satisfy everyone that there are +insurmountable difficulties in the operation of any plan which can be +devised of collecting revenue for the purpose of distributing it. +Congress is only authorized to levy taxes "to pay the debts and provide +for the common defense and general welfare of the United States". There +is no such provision as would authorize Congress to collect together +the property of the country, under the name of revenue, for the purpose +of dividing it equally or unequally among the States or the people. +Indeed, it is not probable that such an idea ever occurred to the +States when they adopted the Constitution. But however this may be, the +only safe rule for us in interpreting the powers granted to the Federal +Government is to regard the absence of express authority to touch a +subject so important and delicate as this as equivalent to a +prohibition. + +Even if our powers were less doubtful in this respect as the +Constitution now stands, there are considerations afforded by recent +experience which would seem to make it our duty to avoid a resort to +such a system. All will admit that the simplicity and economy of the +State governments mainly depend on the fact that money has to be +supplied to support them by the same men, or their agents, who vote it +away in appropriations. Hence when there are extravagant and wasteful +appropriations there must be a corresponding increase of taxes, and the +people, becoming awakened, will necessarily scrutinize the character of +measures which thus increase their burdens. By the watchful eye of +self-interest the agents of the people in the State governments are +repressed and kept within the limits of a just economy. + +But if the necessity of levying the taxes be taken from those who make +the appropriations and thrown upon a more distant and less responsible +set of public agents, who have power to approach the people by an +indirect and stealthy taxation, there is reason to fear that +prodigality will soon supersede those characteristics which have thus +far made us look with so much pride and confidence to the State +governments as the main-stay of our Union and liberties. The State +legislatures, instead of studying to restrict their State expenditures +to the smallest possible sum, will claim credit for their profusion, +and harass the General Government for increased supplies. + +Practically there would soon be but one taxing power, and that vested +in a body of men far removed from the people, in which the farming and +mechanic interests would scarcely be represented. The States would +gradually lose their purity as well as their independence; they would +not dare to murmur at the proceedings of the General Government, lest +they should lose their supplies; all would be merged in a practical +consolidation, cemented by wide-spread corruption, which could only be +eradicated by one of those bloody revolutions which occasionally +over-throw the despotic systems of the Old World. + +In all the other aspects in which I have been able to look at the +effect of such a principle of distribution upon the best interests of +the country I can see nothing to compensate for the disadvantages to +which I have adverted. If we consider the protective duties, which are +in a great degree the source of the surplus revenue, beneficial to one +section of the Union and prejudicial to another, there is no corrective +for the evil in such a plan of distribution. On the contrary, there is +reason to fear that all the complaints which have sprung from this +cause would be aggravated. Everyone must be sensible that a +distribution of the surplus must beget a disposition to cherish the +means which create it, and any system, therefore, into which it enters +must have a powerful tendency to increase rather than diminish the +tariff. If it were even admitted that the advantages of such a system +could be made equal to all the sections of the Union, the reasons +already so urgently calling for a reduction of the revenue would never +the less lose none of their force, for it will always be improbable +that an intelligent and virtuous community can consent to raise a +surplus for the mere purpose of dividing it, diminished as it must +inevitably be by the expenses of the various machinery necessary to the +process. + +The safest and simplest mode of obviating all the difficulties which +have been mentioned is to collect only revenue enough to meet the wants +of the Government, and let the people keep the balance of their +property in their own hands, to be used for their own profit. Each +State will then support its own government and contribute its due share +toward the support of the General Government. There would be no surplus +to cramp and lessen the resources of individual wealth and enterprise, +and the banks would be left to their ordinary means. Whatever +agitations and fluctuations might arise from our unfortunate paper +system, they could never be attributed, justly or unjustly, to the +action of the Federal Government. There would be some guaranty that the +spirit of wild speculation which seeks to convert the surplus revenue +into banking capital would be effectually checked, and that the scenes +of demoralization which are now so prevalent through the land would +disappear. + +Without desiring to conceal that the experience and observation of the +last two years have operated a partial change in my views upon this +interesting subject, it is never the less regretted that the +suggestions made by me in my annual messages of 1829 and 1830 have been +greatly misunderstood. At that time the great struggle was begun +against that latitudinarian construction of the Constitution which +authorizes the unlimited appropriation of the revenues of the Union to +internal improvements within the States, tending to invest in the hands +and place under the control of the General Government all the principal +roads and canals of the country, in violation of State rights and in +derogation of State authority. + +At the same time the condition of the manufacturing interest was such +as to create an apprehension that the duties on imports could not +without extensive mischief be reduced in season to prevent the +accumulation of a considerable surplus after the payment of the +national debt. In view of the dangers of such a surplus, and in +preference to its application to internal improvements in derogation of +the rights and powers of the States, the suggestion of an amendment of +the Constitution to authorize its distribution was made. It was an +alternative for what were deemed greater evils--a temporary resort to +relieve an over-burdened treasury until the Government could, without a +sudden and destructive revulsion in the business of the country, +gradually return to the just principle of raising no more revenue from +the people in taxes than is necessary for its economical support. + +Even that alternative was not spoken of but in connection with an +amendment of the Constitution. No temporary inconvenience can justify +the exercise of a prohibited power not granted by that instrument, and +it was from a conviction that the power to distribute even a temporary +surplus of revenue is of that character that it was suggested only in +connection with an appeal to the source of all legal power in the +General Government, the States which have established it. No such +appeal has been taken, and in my opinion a distribution of the surplus +revenue by Congress either to the States or the people is to be +considered as among the prohibitions of the Constitution. + +As already intimated, my views have undergone a change so far as to be +convinced that no alteration of the Constitution in this respect is +wise or expedient. The influence of an accumulating surplus upon the +credit system of the country, producing dangerous extensions and +ruinous contractions, fluctuations in the price of property, rash +speculation, idleness, extravagance, and a deterioration of morals, +have taught us the important lesson that any transient mischief which +may attend the reduction of our revenue to the wants of our Government +is to be borne in preference to an over-flowing treasury. + +I beg leave to call your attention to another subject intimately +associated with the preceding one--the currency of the country. + +It is apparent from the whole context of the Constitution, as well as +the history of the times which gave birth to it, that it was the +purpose of the Convention to establish a currency consisting of the +precious metals. These, from their peculiar properties which rendered +them the standard of value in all other countries, were adopted in this +as well to establish its commercial standard in reference to foreign +countries by a permanent rule as to exclude the use of a mutable medium +of exchange, such as of certain agricultural commodities recognized by +the statutes of some States as a tender for debts, or the still more +pernicious expedient of a paper currency. + +The last, from the experience of the evils of the issues of paper +during the Revolution, had become so justly obnoxious as not only to +suggest the clause in the Constitution forbidding the emission of bills +of credit by the States, but also to produce that vote in the +Convention which negatived the proposition to grant power to Congress +to charter corporations--a proposition well understood at the time as +intended to authorize the establishment of a national bank, which was +to issue a currency of bank notes on a capital to be created to some +extent out of Government stocks. Although this proposition was refused +by a direct vote of the Convention, the object was afterwards in effect +obtained by its ingenious advocates through a strained construction of +the Constitution. The debts of the Revolution were funded at prices +which formed no equivalent compared with the nominal amount of the +stock, and under circumstances which exposed the motives of some of +those who participated in the passage of the act to distrust. + +The facts that the value of the stock was greatly enhanced by the +creation of the bank, that it was well understood that such would be +the case, and that some of the advocates of the measure were largely +benefited by it belong to the history of the times, and are well +calculated to diminish the respect which might otherwise have been due +to the action of the Congress which created the institution. + +On the establishment of a national bank it became the interest of its +creditors that gold should be superseded by the paper of the bank as a +general currency. A value was soon attached to the gold coins which +made their exportation to foreign countries as a mercantile commodity +more profitable than their retention and use at home as money. It +followed as a matter of course, if not designed by those who +established the bank, that the bank became in effect a substitute for +the Mint of the United States. + +Such was the origin of a national bank currency, and such the beginning +of those difficulties which now appear in the excessive issues of the +banks incorporated by the various States. + +Although it may not be possible by any legislative means within our +power to change at once the system which has thus been introduced, and +has received the acquiescence of all portions of the country, it is +certainly our duty to do all that is consistent with our constitutional +obligations in preventing the mischiefs which are threatened by its +undue extension. That the efforts of the fathers of our Government to +guard against it by a constitutional provision were founded on an +intimate knowledge of the subject has been frequently attested by the +bitter experience of the country. The same causes which led them to refuse +their sanction to a power authorizing the establishment of incorporations +for banking purposes now exist in a much stronger degree to urge us to +exert the utmost vigilance in calling into action the means necessary +to correct the evils resulting from the unfortunate exercise of the +power, and it is hoped that the opportunity for effecting this great +good will be improved before the country witnesses new scenes of +embarrassment and distress. + +Variableness must ever be the characteristic of a currency of which the +precious metals are not the chief ingredient, or which can be expanded +or contracted without regard to the principles that regulate the value +of those metals as a standard in the general trade of the world. With +us bank issues constitute such a currency, and must ever do so until +they are made dependent on those just proportions of gold and silver as +a circulating medium which experience has proved to be necessary not +only in this but in all other commercial countries. Where those +proportions are not infused into the circulation and do not control it, +it is manifest that prices must vary according to the tide of bank +issues, and the value and stability of property must stand exposed to +all the uncertainty which attends the administration of institutions +that are constantly liable to the temptation of an interest distinct +from that of the community in which they are established. + +The progress of an expansion, or rather a depreciation, of the currency +by excessive bank issues is always attended by a loss to the laboring +classes. This portion of the community have neither time nor +opportunity to watch the ebbs and flows of the money market. Engaged +from day to day in their useful toils, they do not perceive that +although their wages are nominally the same, or even somewhat higher, +they are greatly reduced in fact by the rapid increase of a spurious +currency, which, as it appears to make money abound, they are at first +inclined to consider a blessing. + +It is not so with the speculator, by whom this operation is better +understood, and is made to contribute to his advantage. It is not until +the prices of the necessaries of life become so dear that the laboring +classes can not supply their wants out of their wages that the wages +rise and gradually reach a justly proportioned rate to that of the +products of their labor. When thus, by depreciation in consequence of +the quantity of paper in circulation, wages as well as prices become +exorbitant, it is soon found that the whole effect of the adulteration +is a tariff on our home industry for the benefit of the countries where +gold and silver circulate and maintain uniformity and moderation in +prices. It is then perceived that the enhancement of the price of land +and labor produces a corresponding increase in the price of products +until these products do not sustain a competition with similar ones in +other countries, and thus both manufactured and agricultural +productions cease to bear expectation from the country of the spurious +currency, because they can not be sold for cost. + +This is the process by which specie is banished by the paper of the +banks. Their vaults are soon exhausted to pay for foreign commodities. +The next step is a stoppage of specie payment--a total degradation of +paper as a currency--unusual depression of prices, the ruin of debtors, +and the accumulation of property in the hands of creditors and cautious +capitalists. + +It was in view of these evils, together with the dangerous power +wielded by the Bank of the United States and its repugnance to our +Constitution, that I was induced to exert the power conferred upon me +by the American people to prevent the continuance of that institution. +But although various dangers to our republican institutions have been +obviated by the failure of that bank to extort from the Government a +renewal of its charter, it is obvious that little has been accomplished +except a salutary change of public opinion toward restoring to the +country the sound currency provided for in the Constitution. + +In the acts of several of the States prohibiting the circulation of +small notes and the auxiliary enactments of Congress at the last +session forbidding their reception or payment on public account, the +true policy of the country has been advanced and a larger portion of +the precious metals infused into our circulating medium. These measures +will probably be followed up in due time by the enactment of State laws +banishing from circulation bank notes of still higher denominations, +and the object may be materially promoted by further acts of Congress +forbidding the employment as fiscal agents of such banks as continue to +issue notes of low denominations and throw impediments in the way of +the circulation of gold and silver. + +The effects of an extension of bank credits and over-issues of bank +paper have been strikingly illustrated in the sales of the public +lands. From the returns made by the various registers and receivers in +the early part of last summer it was perceived that the receipts +arising from the sales of the public lands were increasing to an +unprecedented amount. In effect, however, these receipts amounted to +nothing more than credits in bank. The banks lent out their notes to +speculators. They were paid to the receivers and immediately returned +to the banks, to be lent out again and again, being mere instruments to +transfer to speculators the most valuable public land and pay the +Government by a credit on the books of the banks. + +Those credits on the books of some of the Western banks, usually called +deposits, were already greatly beyond their immediate means of payment, +and were rapidly increasing. Indeed, each speculation furnished means +for another; for no sooner had one individual or company paid in the +notes than they were immediately lent to another for a like purpose, +and the banks were extending their business and their issues so largely +as to alarm considerate men and render it doubtful whether these bank +credits, if permitted to accumulate, would ultimately be of the least +value to the Government. The spirit of expansion and speculation was +not confined to the deposit banks, but pervaded the whole multitude of +banks throughout the Union and was giving rise to new institutions to +aggravate the evil. + +The safety of the public funds and the interest of the people generally +required that these operations should be checked; and it became the +duty of every branch of the General and State Governments to adopt all +legitimate and proper means to produce that salutary effect. Under this +view of my duty I directed the issuing of the order which will be laid +before you by the Secretary of the Treasury, requiring payment for the +public lands sold to be made in specie, with an exception until the +15th of the present month in favor of actual settlers. + +This measure has produced many salutary consequences. It checked the +career of the Western banks and gave them additional strength in +anticipation of the pressure which has since pervaded our Eastern as +well as the European commercial cities. By preventing the extension of +the credit system it measurably cut off the means of speculation and +retarded its progress in monopolizing the most valuable of the public +lands. It has tended to save the new States from a non-resident +proprietorship, one of the greatest obstacles to the advancement of a +new country and the prosperity of an old one. It has tended to keep +open the public lands for entry by emigrants at Government prices +instead of their being compelled to purchase of speculators at double +or triple prices. And it is conveying into the interior large sums in +silver and gold, there to enter permanently into the currency of the +country and place it on a firmer foundation. It is confidently believed +that the country will find in the motives which induced that order and +the happy consequences which will have ensued much to commend and +nothing to condemn. + +It remains for Congress if they approve the policy which dictated this +order to follow it up in its various bearings. Much good, in my +judgment, would be produced by prohibiting sales of the public lands +except to actual settlers at a reasonable reduction of price, and to +limit the quantity which shall be sold to them. Although it is believed +the General Government never ought to receive anything but the +constitutional currency in exchange for the public lands, that point +would be of less importance if the lands were sold for immediate +settlement and cultivation. Indeed, there is scarcely a mischief +arising out of our present land system, including the accumulating +surplus of revenues, which would not be remedied at once by a +restriction on land sales to actual settlers; and it promises other +advantages to the country in general and to the new States in +particular which can not fail to receive the most profound +consideration of Congress. + +Experience continues to realize the expectations entertained as to the +capacity of the State banks to perform the duties of fiscal agents for +the Government at the time of the removal of the deposits. It was +alleged by the advocates of the Bank of the United States that the +State banks, what ever might be the regulations of the Treasury +Department, could not make the transfers required by the Government or +negotiate the domestic exchanges of the country. It is now well +ascertained that the real domestic exchanges performed through +discounts by the United States Bank and its 25 branches were at least +one third less than those of the deposit banks for an equal period of +time; and if a comparison be instituted between the amounts of service +rendered by these institutions on the broader basis which has been used +by the advocates of the United States Bank in estimating what they +consider the domestic exchanges transacted by it, the result will be +still more favorable to the deposit banks. + +The whole amount of public money transferred by the Bank of the United +States in 1832 was $16,000,000. The amount transferred and actually +paid by the deposit banks in the year ending the first of October last +was $39,319,899; the amount transferred and paid between that period +and the 6th of November was $5,399,000, and the amount of transfer +warrants outstanding on that day was $14,450,000, making an aggregate +of $59,168,894. These enormous sums of money first mentioned have been +transferred with the greatest promptitude and regularity, and the rates +at which the exchanges have been negotiated previously to the passage +of the deposit act were generally below those charged by the Bank of +the United States. Independently of these services, which are far +greater than those rendered by the United States Bank and its 25 +branches, a number of the deposit banks have, with a commendable zeal +to aid in the improvement of the currency, imported from abroad, at +their own expense, large sums of the precious metals for coinage and +circulation. + +In the same manner have nearly all the predictions turned out in +respect to the effect of the removal of the deposits--a step +unquestionably necessary to prevent the evils which it was foreseen the +bank itself would endeavor to create in a final struggle to procure a +renewal of its charter. It may be thus, too, in some degree with the +further steps which may be taken to prevent the excessive issue of +other bank paper, but it is to be hoped that nothing will now deter the +Federal and State authorities from the firm and vigorous performance of +their duties to themselves and to the people in this respect. + +In reducing the revenue to the wants of the Government your particular +attention is invited to those articles which constitute the necessaries +of life. The duty on salt was laid as a war tax, and was no doubt +continued to assist in providing for the payment of the war debt. There +is no article the release of which from taxation would be felt so +generally and so beneficially. To this may be added all kinds of fuel +and provisions. Justice and benevolence unite in favor of releasing the +poor of our cities from burdens which are not necessary to the support +of our Government and tend only to increase the wants of the destitute. + +It will be seen by the report of the Secretary of the Treasury and the +accompanying documents that the Bank of the United States has made no +payment on account of the stock held by the Government in that +institution, although urged to pay any portion which might suit its +convenience, and that it has given no information when payment may be +expected. Nor, although repeatedly requested, has it furnished the +information in relation to its condition which Congress authorized the +Secretary to collect at their last session. Such measures as are within +the power of the Executive have been taken to ascertain the value of +the stock and procure the payment as early as possible. + +The conduct and present condition of that bank and the great amount of +capital vested in it by the United States require your careful +attention. Its charter expired on the third day of March last, and it +has now no power but that given in the twenty-first section, "to use +the corporate name, style, and capacity for the purpose of suits for +the final settlement and liquidation of the affairs and accounts of the +corporation, and for the sale and disposition of their estate--real, +personal, and mixed--but not for any other purpose or in any other +manner what so ever, nor for a period exceeding two years after the +expiration of the said term of incorporation". + +Before the expiration of the charter the stock-holders of the bank +obtained an act of incorporation from the legislature of Pennsylvania, +excluding only the United States. Instead of proceeding to wind up +their concerns and pay over to the United States the amount due on +account of the stock held by them, the president and directors of the +old bank appear to have transferred the books, papers, notes, +obligations, and most or all of its property to this new corporation, +which entered upon business as a continuation of the old concern. + +Amongst other acts of questionable validity, the notes of the expired +corporation are known to have been used as its own and again put in +circulation. That the old bank had no right to issue or re-issue its +notes after the expiration of its charter can not be denied, and that +it could not confer any such right on its substitute any more than +exercise it itself is equally plain. In law and honesty the notes of +the bank in circulation at the expiration of its charter should have +been called in by public advertisement, paid up as presented, and, +together with those on hand, canceled and destroyed. + +Their re-issue is sanctioned by no law and warranted by no necessity. +If the United States be responsible in their stock for the payment of +these notes, their re-issue by the new corporation for their own profit +is a fraud on the Government. If the United States is not responsible, +then there is no legal responsibility in any quarter, and it is a fraud +on the country. They are the redeemed notes of a dissolved partnership, +but, contrary to the wishes of the retiring partner and without his +consent, are again re-issued and circulated. + +It is the high and peculiar duty of Congress to decide whether any +further legislation be necessary for the security of the large amount +of public property now held and in use by the new bank, and for +vindicating the rights of the Government and compelling a speedy and +honest settlement with all the creditors of the old bank, public and +private, or whether the subject shall be left to the power now +possessed by the Executive and judiciary. It remains to be seen whether +the persons who as managers of the old bank undertook to control the +Government, retained the public dividends, shut their doors upon a +committee of the House of Representatives, and filled the country with +panic to accomplish their own sinister objects may now as managers of a +new bank continue with impunity to flood the country with a spurious +currency, use the $7 millions of Government stock for their own profit, +and refuse to the United States all information as to the present +condition of their own property and the prospect of recovering it into +their own possession. + +The lessons taught by the Bank of the United States can not well be +lost upon the American people. They will take care never again to place +so tremendous a power in irresponsible hands, and it will be fortunate +if they seriously consider the consequences which are likely to result +on a smaller scale from the facility with which corporate powers are +granted by their State governments. + +It is believed that the law of the last session regulating the deposit +banks operates onerously and unjustly upon them in many respects, and +it is hoped that Congress, on proper representations, will adopt the +modifications which are necessary to prevent this consequence. + +The report of the Secretary of War ad interim and the accompanying +documents, all which are herewith laid before you, will give you a full +view of the diversified and important operations of that Department +during the past year. + +The military movements rendered necessary by the aggressions of the +hostile portions of the Seminole and Creek tribes of Indians, and by +other circumstances, have required the active employment of nearly our +whole regular force, including the Marine Corps, and of large bodies of +militia and volunteers. With all these events so far as they were known +at the seat of Government before the termination of your last session +you are already acquainted, and it is therefore only needful in this +place to lay before you a brief summary of what has since occurred. + +The war with the Seminoles during the summer was on our part chiefly +confined to the protection of our frontier settlements from the +incursions of the enemy, and, as a necessary and important means for +the accomplishment of that end, to the maintenance of the posts +previously established. In the course of this duty several actions took +place, in which the bravery and discipline of both officers and men +were conspicuously displayed, and which I have deemed it proper to +notice in respect to the former by the granting of brevet rank for +gallant services in the field. But as the force of the Indians was not +so far weakened by these partial successes as to lead them to submit, +and as their savage inroads were frequently repeated, early measures +were taken for placing at the disposal of Governor Call, who as +commander in chief of the Territorial militia had been temporarily +invested with the command, an ample force for the purpose of resuming +offensive operations in the most efficient manner so soon as the season +should permit. Major General Jesup was also directed, on the conclusion +of his duties in the Creek country, to repair to Florida and assume the +command. + +The result of the first movement made by the forces under the direction +of Governor Call in October last, as detailed in the accompanying +papers, excited much surprise and disappointment. A full explanation +has been required of the causes which led to the failure of that +movement, but has not yet been received. In the mean time, as it was +feared that the health of Governor Call, who was understood to have +suffered much from sickness, might not be adequate to the crisis, and +as Major General Jesup was known to have reached Florida, that officer +was directed to assume command, and to prosecute all needful operations +with the utmost promptitude and vigor. From the force at his disposal +and the dispositions he has made and is instructed to make, and from +the very efficient measures which it is since ascertained have been +taken by Governor Call, there is reason to hope that they will soon be +enabled to reduce the enemy to subjection. In the mean time, as you +will perceive from the report of the Secretary, there is urgent +necessity for further appropriations to suppress these hostilities. + +Happily for the interests of humanity, the hostilities with the Creeks +were brought to a close soon after your adjournment, without that +effusion of blood which at one time was apprehended as inevitable. The +unconditional submission of the hostile party was followed by their +speedy removal to the country assigned them West of the Mississippi. +The inquiry as to alleged frauds in the purchase of the reservations of +these Indians and the causes of their hostilities, requested by the +resolution of the House of Representatives of the first of July last +July 1st, 1836 to be made by the President, is now going on through the +agency of commissioners appointed for that purpose. Their report may be +expected during your present session. + +The difficulties apprehended in the Cherokee country have been +prevented, and the peace and safety of that region and its vicinity +effectually secured, by the timely measures taken by the War +Department, and still continued. + +The discretionary authority given to General Gaines to cross the Sabine +and to occupy a position as far West as Nacogdoches, in case he should +deem such a step necessary to the protection of the frontier and to the +fulfillment of the stipulations contained in our treaty with Mexico, +and the movement subsequently made by that officer have been alluded to +in a former part of this message. At the date of the latest +intelligence from Nacogdoches our troops were yet at that station, but +the officer who has succeeded General Gaines has recently been advised +that from the facts known at the seat of Government there would seem to +be no adequate cause for any longer maintaining that position, and he +was accordingly instructed, in case the troops were not already +withdrawn under the discretionary powers before possessed by him, to +give the requisite orders for that purpose on the receipt of the +instructions, unless he shall then have in his possession such +information as shall satisfy him that the maintenance of the post is +essential to the protection of our frontiers and to the due execution +of our treaty stipulations, as previously explained to him. + +Whilst the necessities existing during the present year for the service +of militia and volunteers have furnished new proofs of the patriotism +of our fellow citizens, they have also strongly illustrated the +importance of an increase in the rank and file of the Regular Army. The +views of this subject submitted by the Secretary of War in his report +meet my entire concurrence, and are earnestly commended to the +deliberate attention of Congress. In this connection it is also proper +to remind you that the defects in our present militia system are every +day rendered more apparent. The duty of making further provision by law +for organizing, arming, and disciplining this arm of defense has been +so repeatedly presented to Congress by myself and my predecessors that +I deem it sufficient on this occasion to refer to the last annual +message and to former Executive communications in which the subject has +been discussed. + +It appears from the reports of the officers charged with mustering into +service the volunteers called for under the act of Congress of the last +session that more presented themselves at the place of rendezvous in +Tennessee than were sufficient to meet the requisition which had been +made by the Secretary of War upon the governor of that State. This was +occasioned by the omission of the governor to apportion the requisition +to the different regiments of militia so as to obtain the proper number +of troops and no more. It seems but just to the patriotic citizens who +repaired to the general rendezvous under circumstances authorizing them +to believe that their services were needed and would be accepted that +the expenses incurred by them while absent from their homes should be +paid by the Government. I accordingly recommend that a law to this +effect be passed by Congress, giving them a compensation which will +cover their expenses on the march to and from the place of rendezvous +and while there; in connection with which it will also be proper to +make provision for such other equitable claims growing out of the +service of the militia as may not be embraced in the existing laws. + +On the unexpected breaking out of hostilities in Florida, Alabama, and +Georgia it became necessary in some cases to take the property of +individuals for public use. Provision should be made by law for +indemnifying the owners; and I would also respectfully suggest whether +some provision may not be made, consistently with the principles of our +Government, for the relief of the sufferers by Indian depredations or +by the operations of our own troops. + +No time was lost after the making of the requisite appropriations in +resuming the great national work of completing the unfinished +fortifications on our sea-board and of placing them in a proper state +of defense. In consequence, however, of the very late day at which +those bills were passed, but little progress could be made during the +season which has just closed. A very large amount of the moneys granted +at your last session accordingly remains unexpended; but as the work +will be again resumed at the earliest moment in the coming spring, the +balance of the existing appropriations, and in several cases which will +be laid before you, with the proper estimates, further sums for the +like objects, may be usefully expended during the next year. + +The recommendations of an increase in the Engineer Corps and for a +reorganization of the Topographical Corps, submitted to you in my last +annual message, derive additional strength from the great +embarrassments experienced during the present year in those branches of +the service, and under which they are now suffering. Several of the +most important surveys and constructions directed by recent laws have +been suspended in consequence of the want of adequate force in these +corps. + +The like observations may be applied to the Ordnance Corps and to the +general staff, the operations of which as they are now organized must +either be frequently interrupted or performed by officers taken from +the line of the Army, to the great prejudice of the service. + +For a general view of the condition of the Military Academy and of +other branches of the military service not already noticed, as well as +for further illustrations of those which have been mentioned, I refer +you to the accompanying documents, and among the various proposals +contained therein for legislative action I would particularly notice +the suggestion of the Secretary of War for the revision of the pay of +the Army as entitled to your favorable regard. + +The national policy, founded alike in interest and in humanity, so long +and so steadily pursued by this Government for the removal of the +Indian tribes originally settled on this side of the Mississippi to the +W of that river, may be said to have been consummated by the conclusion +of the late treaty with the Cherokees. The measures taken in the +execution of that treaty and in relation to our Indian affairs +generally will fully appear by referring to the accompanying papers. +Without dwelling on the numerous and important topics embraced in them, +I again invite your attention to the importance of providing a +well-digested and comprehensive system for the protection, supervision, +and improvement of the various tribes now planted in the Indian +country. + +The suggestions submitted by the Commissioner of Indian Affairs, and +enforced by the Secretary, on this subject, and also in regard to the +establishment of additional military posts in the Indian country, are +entitled to your profound consideration. Both measures are necessary, +for the double purpose of protecting the Indians from intestine war, +and in other respects complying with our engagements with them, and of +securing our western frontier against incursions which otherwise will +assuredly be made on it. The best hopes of humanity in regard to the +aboriginal race, the welfare of our rapidly extending settlements, and +the honor of the United States are all deeply involved in the relations +existing between this Government and the emigrating tribes. I trust, +therefore, that the various matters submitted in the accompanying +documents in respect to those relations will receive your early and +mature deliberation, and that it may issue in the adoption of +legislative measures adapted to the circumstances and duties of the +present crisis. + +You are referred to the report of the Secretary of the Navy for a +satisfactory view of the operations of the Department under his charge +during the present year. In the construction of vessels at the +different navy yards and in the employment of our ships and squadrons +at sea that branch of the service has been actively and usefully +employed. While the situation of our commercial interests in the West +Indies required a greater number than usual of armed vessels to be kept +on that station, it is gratifying to perceive that the protection due +to our commerce in other quarters of the world has not proved +insufficient. Every effort has been made to facilitate the equipment of +the exploring expedition authorized by the act of the last session, but +all the preparation necessary to enable it to sail has not yet been +completed. No means will be spared by the Government to fit out the +expedition on a scale corresponding with the liberal appropriations for +the purpose and with the elevated character of the objects which are to +be effected by it. + +I beg leave to renew the recommendation made in my last annual message +respecting the enlistment of boys in our naval service, and to urge +upon your attention the necessity of further appropriations to increase +the number of ships afloat and to enlarge generally the capacity and +force of the Navy. The increase of our commerce and our position in +regard to the other powers of the world will always make it our policy +and interest to cherish the great naval resources of our country. + +The report of the Post Master General presents a gratifying picture of +the condition of the Post Office Department. Its revenues for the year +ending the 30th June last were $3,398,455.19, showing an increase of +revenue over that of the preceding year of $404,878.53, or more than +13%. The expenditures for the same year were $2,755,623.76, exhibiting +a surplus of $642,831.43. The Department has been redeemed from +embarrassment and debt, has accumulated a surplus exceeding half a +million dollars, has largely extended and is preparing still further to +extend the mail service, and recommends a reduction of postages equal +to about 20%. It is practicing upon the great principle which should +control every branch of our Government of rendering to the public the +greatest good possible with the least possible taxation to the people. + +The scale of postages suggested by the Post Master General recommends +itself, not only by the reduction it proposes, but by the simplicity of +its arrangement, its conformity with the Federal currency, and the +improvement it will introduce into the accounts of the Department and +its agents. + +Your particular attention is invited to the subject of mail contracts +with railroad companies. The present laws providing for the making of +contracts are based upon the presumption that competition among bidders +will secure the service at a fair price; but on most of the railroad +lines there is no competition in that kind of transportation, and +advertising is therefore useless. No contract can now be made with them +except such as shall be negotiated before the time of offering or +afterwards, and the power of the Post Master General to pay them high +prices is practically without limitation. It would be a relief to him +and no doubt would conduce to the public interest to prescribe by law +some equitable basis upon which such contracts shall rest, and restrict +him by a fixed rule of allowance. Under a liberal act of that sort he +would undoubtedly be able to secure the services of most of the +railroad companies, and the interest of the Department would be thus +advanced. + +The correspondence between the people of the United States and the +European nations, and particularly with the British Islands, has become +very extensive, and requires the interposition of Congress to give it +security. No obstacle is perceived to an interchange of mails between +New York and Liverpool or other foreign ports, as proposed by the Post +Master General. On the contrary, it promises, by the security it will +afford, to facilitate commercial transactions and give rise to an +enlarged intercourse among the people of different nations, which can +not but have a happy effect. Through the city of New York most of the +correspondence between the Canadas and Europe is now carried on, and +urgent representations have been received from the head of the +provincial post office asking the interposition of the United States to +guard it from the accidents and losses to which it is now subjected. +Some legislation appears to be called for as well by our own interest +as by comity to the adjoining British provinces. + +The expediency of providing a fire-proof building for the important +books and papers of the Post Office Department is worthy of +consideration. In the present condition of our Treasury it is neither +necessary nor wise to leave essential public interests exposed to so +much danger when they can so readily be made secure. There are weighty +considerations in the location of a new building for that Department in +favor of placing it near the other executive buildings. + +The important subjects of a survey of the coast and the manufacture of +a standard of weights and measures for the different custom houses have +been in progress for some years under the general direction of the +Executive and the immediate superintendence of a gentleman possessing +high scientific attainments. At the last session of Congress the making +of a set of weights and measures for each State in the Union was added +to the others by a joint resolution. + +The care and correspondence as to all these subjects have been devolved +on the Treasury Department during the last year. A special report from +the Secretary of the Treasury will soon be communicated to Congress, +which will show what has been accomplished as to the whole, the number +and compensation of the persons now employed in these duties, and the +progress expected to be made during the ensuing year, with a copy of +the various correspondence deemed necessary to throw light on the +subjects which seem to require additional legislation. + +Claims have been made for retrospective allowances in behalf of the +superintendent and some of his assistants, which I did not feel +justified in granting. Other claims have been made for large increases +in compensation, which, under the circumstances of the several cases, I +declined making without the express sanction of Congress. In order to +obtain that sanction the subject was at the last session, on my +suggestion and by request of the immediate superintendent, submitted by +the Treasury Department to the Committee on Commerce of the House of +Representatives. But no legislative action having taken place, the +early attention of Congress is now invited to the enactment of some +express and detailed provisions in relation to the various claims made +for the past, and to the compensation and allowances deemed proper for +the future. + +It is further respectfully recommended that, such being the +inconvenience of attention to these duties by the Chief Magistrate, and +such the great pressure of business on the Treasury Department, the +general supervision of the coast survey and the completion of the +weights and measures, if the works are kept united, should be devolved +on a board of officers organized specially for that purpose, or on the +Navy Board attached to the Navy Department. + +All my experience and reflection confirm the conviction I have so often +expressed to Congress in favor of an amendment of the Constitution +which will prevent in any event the election of the President and Vice +President of the United States devolving on the House of +Representatives and the Senate, and I therefore beg leave again to +solicit your attention to the subject. There were various other +suggestions in my last annual message not acted upon, particularly that +relating to the want of uniformity in the laws of the District of +Columbia, that are deemed worthy of your favorable consideration. + +Before concluding this paper I think it due to the various Executive +Departments to bear testimony to their prosperous condition and to the +ability and integrity with which they have been conducted. It has been +my aim to enforce in all of them a vigilant and faithful discharge of +the public business, and it is gratifying to me to believe that there +is no just cause of complaint from any quarter at the manner in which +they have fulfilled the objects of their creation. + +Having now finished the observations deemed proper on this the last +occasion I shall have of communicating with the two Houses of Congress +at their meeting, I can not omit an expression of the gratitude which +is due to the great body of my fellow citizens, in whose partiality and +indulgence I have found encouragement and support in the many difficult +and trying scenes through which it has been my lot to pass during my +public career. Though deeply sensible that my exertions have not been +crowned with a success corresponding to the degree of favor bestowed +upon me, I am sure that they will be considered as having been directed +by an earnest desire to promote the good of my country, and I am +consoled by the persuasion that what ever errors have been committed +will find a corrective in the intelligence and patriotism of those who +will succeed us. All that has occurred during my Administration is +calculated to inspire me with increased confidence in the stability of +our institutions; and should I be spared to enter upon that retirement +which is so suitable to my age and infirm health and so much desired by +me in other respects, I shall not cease to invoke that beneficent Being +to whose providence we are already so signally indebted for the +continuance of His blessings on our beloved country. + + + +*** END OF THE PROJECT GUTENBERG EBOOK OF ADDRESSES BY ANDREW JACKSON *** + +This file should be named sujac11.txt or sujac11.zip +Corrected EDITIONS of our eBooks get a new NUMBER, sujac12.txt +VERSIONS based on separate sources get new LETTER, sujac10a.txt + +Project Gutenberg eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the US +unless a copyright notice is included. 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