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■ It
upon some of them arc yet sources
dissatisfaction and complaint. No
danger is apprehended, however, |
that they will not be peaceably al- }
though tardily acknowledged an I'
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 j
correspondence between the two;
Governments, communicated at your (
last session, that our conduct in re-1
lation to that struggle is regulated by i
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 1
scrutiny, that our acts have strictly
corresponded with our professions.
That the inhabitants of the United
States should feel strong preposses
sions for the one party is not surpri
sing. But this circumstance should
of itself, teach us great caution, least
it lead us into the great error of suf
fering public policy to be regulated
by partiality or prejudice ; ami
there are considerations connected
with the possible result of thisco est
between the two parties, of so much
delicasy and importance to the U.S.
that our charter requires that wc
should neither anticipate events, nor
attempt to control them. 'The
known desire of the i exams to be
come a part of on? system, althoug i
its gratification depends upon the
reconcilement of various ?nd con
flicting interests, necessarily a work
of time, and uncertain in i’seV, is cal
culated to expose our conduct to
misconstruction in the eyes of the
world. There are already those who
indifferent to principle themselves,
and prone io suspect the want of it
in others, charge us with ambitions
designs and insidious pok“‘Y« Von
will perceive, by the accompanying
documents, that the extraordinary.
mission from Mexico has been ter
minated on the sole grounds that the
obligation-; of this Government to it
self and Mexic >, under treaty stipu
lations, have compelled me to trust
a discretionary authority to a high
officer of our army, to advance into
ravmniuij ’ iciHiivxr <c-» i.ciii ;
as, ifneecssaay, lo protect our own
or the neighboring frontier from In
dian depredation. In the opinion'
of the Aiexican functionary who his;
just left us, the honor of his count n
will be wounded by American
soldiers entering, with the most ami-i
cable avowed purpose, upon ground
from which the followers of his Gov i
erment have been expelled, and over
which there is at present no certainty
of a serious effort on its part being
made to re-establish its
The departure of this minister wa -J
the more singular as he was appris
ed that the sufficiencies of the cau
ses assigned for the advance u! our
troops by the commanding General'
had been seriously doubted by me;!
and that there was every reason to
suppose that the troops of the 1 . S.
—their commander having had time
to ascertain the truth or falst h »od
of the information upon which they
had been marched to Nacogdoches
• —would be either there in perfect
accordance with the principles ad
mitted to be just in his conference
with the Secretaay ol State, by the
Mexican Minister himself, or were
already withdrawn in consequence
of the impressive warnings their
commanding officer had icccivcd
from the Department of War. It >s
hoped ami beheved that his Govern
ment will lake a more
and just view ot this subject, and not
be disposed to construe a measure
of justifiable precaution, made :.ece*-
sarv by its known inability , in exe
cution of our treaty, to act upon the
frontier, into an encroachment upon
its rights, ora stain upon its honor.
In the mean time, the ancient com
plaints of injustice, made on behalf
of our citizens, are disregarded. and
new causes of dissatisfaction have
arisen, some of them of a charac er
requring prompt remonstrances, and
ample and immediate redress. I
trust, however, by tempering firm
ness with courtesx. and acting vh
great forbearance upon every inci
dent that has occ tired, or that max
happen, to do and to obtain > istice.
and th in avoid the necessity of again
bringing this subject to the view of,
Congress. _ i
It is my duty to remind you, that 1
no provission has been made to ex
ecute our treaty with Mexico for
tracing the boundary line between
the two countries. Whatever may
be the prospect of Mexico being
soon able to execute the treaty on
i its part, it is proper th it we should
I be, in anticipation, prepared at al!
'times to perform our obligations,
'without regard to the probable con
! dilion of those with whom we have
i contracted them.
; The result of the confidential in
■ quiries made into the condition and
prospects of the newly declared
Texiaa Government, will be commu
nicated to you in course of the ses-
sion.
Commercial’ treaties, promising
great a ivautages to our enterprising
merchants and navigators, have been
lormed with the distant Govern
! meats of Muscat and Siam. The
(ratifications have been exchanged,
but not reached the department ol
( State; copies of the treaties will be
transmitted to you, if received be
fore, or published if arriving after,
rite close of the present session of
Congress.
Nothing has occured to interrupt
the good understanding that has
Lmg existed with the Barbary Pow
ers, nor to c heck the good will which
is gradually growing up in our mter
(cour.se with the dominions oi the
| Government of the distinguished
(Chief of the Ottoman of Umpire.
> |nf9rm.ltio i iias been received at
the Denart neat of State that a trea
ty withtnc Umperor of Morocco lias
just been negotiated, which, [hope,
; will be received in time to be laid
before the Senate previous to the
< lose of the session
You will perceive, from the report
of the Secretary of the Prcasury,;
iiMt die financial means of the conn-;
t'y c6.’iti?‘ue to keep pace with its;
improvement in all other respects. I
The receipts into the Treasury du-1
ring the present year, will amount
to about $17,691,898: those b’°
cjlstoais being estimated rd .g’/'g’?
.025,1.91; tnoM-iro n lands ar a..'-”"
$2 i.000,(MO, and the residue li om
miscellaneous sources, '[’lie expen
ditures for ail objects during the
year, are estimated not to exceed
$22,000,000, which will leave a bal
ance in the Treasury for public pur
poses, on the first day January next,
of about $11,723,959. This bum
with the exception of live millions,
will be transferred to the several
States, in accordant e with the pro
visions ol the act regulating the de-
positt's o! the public money.
» he unexpended balances of ap
propropriation, on the I*4 day o
■January next, are estimated at $14,-
636,062, exceeding by $9,636,062.
the amount which will be ieit in the
depusirc banks, subject to the drah
of the Treasurer of the Gnited Staes
after the contemplated transfers to j
the several States are made. !>'
therefore, the future receipts should .
not be sufficient to meet these out
standing and future approp: iaiions
there mav 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 ses
sion received a reluctant aporoval,
have been measurably realized.
Though an act merely (or the depo
site of tin surplus moneys of the U.
States in the state i'reasuries, for
safekeeping, until they may be wan
ted for the General Government, it
has been extensively spoken of as
an a< t t » give the money to the sev
eral States, and they have been ad
vised to use it as a gilt, without re
gard to the means of refunding it
when called for Such asuggestion
has doubtless been made without a
due consideration of the obligation
of the deposite act, and without a
proper attention to the various prin
ciples and interests which are affec
ted bv it It is ma lifest that the law
itself cannot saueti m such a sugges
tion. ami that, as it now stands, the
.states have no more authoiity to re
ceive and use th< deposite* willi
n' t intending to return them, than
an} deposit bank, or any individual
temporary charged with the safcji
, keeping »r applicotion of the public ‘
imoney, vould now have for conver
ting the lame to their private use
'without he consent and against the
will of tie Government. But, inde
pendently of the violation of public J
faith and moral obigation v. hicn are I
involve! in this suggestion, when ex-1
amineu in reference to the terms oi
the present deposit, act, it is believ
ed that the considerations which
'would govern the future legislation
of Congress on this subject, will be
equally conclusive against the adop
tion of any measure recognising the
■ principles on which the suggestion
I has been made.
I Considering the intimate connec
• tion of the subject with the financial
- interests of the country, and its
great importance in whatever as-
Ppect it can be viewed,! have be
; stowed upon it the most anxious re
-1 flection, and feel it to be my duty
- to state to Congress such thoughts
3 as have occured to me, to aid their
, Jdeliberati >n in treating it in the man
-1 pier best < alculated to conduce to the
3 common good.
-I I'he experience of other nations
, admonished us to hasten extinguish
I merit of the public debt. ut it
will be in vain that we have congrat-
1 ulated each other upon the disappear
s ance of this evil, if we do nut guard
- against the equally great one of pro
-1 moting the umiecessary accumulation
-of public revenue.—No political max
-3 ■ini is better established than that
1 which tells us that an imprudent
'expenditure of money is the parent
t!of profligacy, and that no people
-pan hope to perpetuate their liber
s/ties who long acquiesce in a policy
, which taxes them for objects not ne-
I < essary to the legitimate and real
‘ wants of their government. Flatter
lingas is the conditi 11 of our coun
tpry at the present period, because
of its unexampled advance in all the
■ steps of solid and political improv c
> ment, it cannot be disguise I that
ithere is a lurking danger already ap
parent in the nt gleet of this warning
l truth, and that the time has arrived
! when the representatives of the peo-
- pie should be empl >yed in devising
sonic inure uupi vpiiiuc icuicuy uian
! now exists, to avert it.
JJnder our present revenue sys
tem, U.’cre is every probability that
lucre v ill continue to be a surplus
beyond tin? cants ol the Govern
ment; audit has become our duty to
decide whether such a result be con
sistent with the true objects ol our
Government.
Should a surplus be permitted to
accumulate, bey tmd the appropria
tions, it must be retain d in the
I rcasurx as it now is, or distributed
among the propl. or the states.
!'o retain it in the Treasury, unem
ployed in any way, is impracticable.
It is, besides, again>t the genius ol
our free institution to lock up in
vaults the trersuries of the nation.
To take from the people the right
of bearing arms, and puttheir wea
pons of defence in the hands of a
*tauding army, would be scarselv
more dangerous to their liberties,
than to permit the (iovernmeil to
act umulate immense of trea
sure bey ond the supplies neceasary
to its legitimate wants, a trea
sure would doubtless be employ ed
at some time, as it has been in other
counties when opportunity tempted
ambition.
I’o collect it merely for d stribmion to the
Slates, wojld seem to be highly impolitic, it
not as dangerous as .he proposition to reiaiti
it in the I rea-ury. The shortest reflection
must s itisfv every one that to r-q ore the peo
ple to piy I iXes to the Government merely
lhal they may be paid back again, is sporting
with the subslaniial interests of the Country,
and no system wlu<h produces such a result
can be expected i.> receive the public counte
n see. Nothing could be g’timd l>y it, even
it each individual who contr b t» d a p- ri< n
of die tax could receive back promptly the
same portion. But it is apparent that no sys
>rm of ihe kind can ever be enforce d, whi> h
will not al.sorl e corsuleiable poiiton <>t Inc
nioney, to be di'li ibuted in salaries and corn
mi-si’ U' to 'he age ts empl yed in the process
ai d in the v .'ions tosses and denrema’ions
wi i i arise from other causes; and the pr .e
tjc.,l f iieci of <U' h an attempt tins ever h»* t<>
b ird n the pe >plfj won lax-*, n- t for por;i*«-
sc- b» r.eti lai to them but to swell ih»* pr. ti -
< t oepe-ite banks, and supp >rt a band of use
U ss public , Jn rr».
A Gi> r.btitiou to the people is impractirabk
at dui just m other tr>, ec s. It would be la
kit'® one man’s property s.nd giving it to ano-
iberS. Stwli would be the unavoidable result
of a rule <>f ecjualby (and none other is spoke’
<>f, or would be likely to be adopted) ioaS
much as there is no mt.de by which the
amount of the individual contributions of our
citizens Io the public revenue can be ascer
tained. We know that <ney contribute une*
qually, and a rule therefore that would dts’ri
bu’t- to them equally, would be liable to all
plte objections which apply to the principle of
an equal division of property. To make the
General Government lite instrument of ciflfrv
ing this odious principle into e(T« ct, would be
at once 10 de-troy ’he means of its usefulness,
and change the character designed for it by the
framers of the Constitution.
But the more extended and injur ous conse
quences likely to ieoi|i from a policy winch
would collect a surplus revenue for lhe purpose
of distribuii ig it, may be forcibly illustrated
by an examine.ion ol the effeeis already pro
duced by the pieseul deposite a< t. This act,
dthou'jli ceitamly designed t<< secure the safe
keeping ol ’be pubhc revenue, is not entirely
tree in bs tendencies from many of the ob
jections which apply (o this principle of distri
bution. The Government had, without ne
cessily, received fn»m the people a l.aroe sur
plus, which, instead ot being employed as
heri’toli.re, and returned to them by means of
the public expcndiuiie, was deposited with
sundry banks. The batiks proceeded to make
loans upon this surplus, and thus convened it
into hanking capital ; and in this manm r it
t,;is tended to multiply hank charters, and Inn
sad a great agency in producing a spirit ol
vild speculation. I'he possession and use of
the properly out of which this surplus was ere
ated. belong to the people ; bm the Govern
■m ill hss transferred ps possession lo ineorpo
ra ed b inks, whose interest and rfful it is Io
make large profits out of Hs us.*. This pro
cess need only be stated to show its injustice
a id bad policy.
And lhe same observations apply <o the
it.fluence which is produced by the steps ne
cessary io collect, as well as distribute such a
revenue. About three fifths ol all lhe duties
■>n imports are paid in the • , ity of New F>rk.
but i is obvious th it the means to pav those
dudes are drawn from every q 1 »rter of the
Union. Every citize 1 in every Sta’e, who
purchases and consumes an article winch has
paid a duty at that non, comriim’es lo the ac
cumul iimg m ss. The surplus crllected there
must, then tore, be made up of moneys <»r
i.roi>eitj withdrawn from other points and
other States Thus the wealth and bn-uness
<>f every region fiom which those surplus
funds proceed, must be to some extent injured,
while that nf the place where the funds are
concentrated, arid are employed in banking,
are proportionally extended. But both in
making the transfer of lhe fact which are first
necessary to pay he duties and collect the
surplus—and m making the transfer, which
becomes necessary when the time arrives for
lhe distribution of that surplus—there is a
con-ode able period when the funds cannot be
brough' into use ; and 11 is manifest that, be
> i > —-—,.i<. *<•< ti mi <>per i-
’ l ot), Us tendency is t<> pioducr fluciuntimis in
| I tie. business >4 the country winch are alwnvs
, productive of specul ition, and d> trim'ii’a! l<>
•he inh rest* «>f r< 2<il.ir trade. Argument can
scarcely he necras rv to show that a measure
i<d this chametar night not to receive further
I* gisi live encouragement.
j By examining the practical operation of the
ipiio lot di nbuliori, adopted tn the deposde
hill of the last session, we shall discover other
•feniinrs, that appeal equally objectionable.—
, 1 et it be assumed, (or the sake of argument,
• hai the snr<>bis moneys to he deposited wi’li
the States, have her n collected, and belong to
them, in the ratio r»f their federal repres- ma
live papula!nin—an a-sumptmn founded upon
(lie fact lhal any diff. reucies in our future
revenue from imports and public lauds, rnu-i
.'•e made up bv direct taxes, collected fmm the
States in taai ratio. It is proposed to distil- I
hole lite surplus, say $30,000,000, not accot- J
dmg u> the ratio in win h it bus been collected j
and belongs to the people of the Slates, Inn
m that of (heir van s in the c< lieges of e|« ctors
ol President and Vice Piesidept. The effect I
of a dis'i iimiion upon 'hat ratio is shown by
•he ann< xed table, m irked A.
Bv an exiitnuiaiion of that table, it will be
percejvi d hat in th.- distribution of a surplus.
<•1 §30,000,000. upon that basis, there is a '
gre >' departure from the principle winch re-j
2md< representation as the trii3 measure of;
uixatum : and it will fie found tli.H the len
demy of that depart re will be to increase
whatever inequalities have been supposed to
attend the operation ol out federal system in
respect to ns bearings upon the different m
t rests of ttie Union. In making the basis ol
repr. k eiitali<*n the basis of tux ilion, the fra
m r- ol the eon-tpu u>n intend, d to equulizc .
hire loudens which are nccessaiy to support ]
I the (loveriiinct t ; and tht adopiion of ttiui
rilio. wliilo it aecoin; !iS"ed this object, was
I also the uh a ‘s of adj i*tmg other great topic*,
arising out «>f the confli* ting views respectitiL'
pobticirl equality of the various numtiers ol
I itie coofeCei oy. Whatever therefore disturb,*
!f;e liberal spirit ot the compromises which
est ibhsiied a rub- of taxation .*<> j>i-i and eq 'li
able, and which experience have proved t > no
so well adapted to the genius and babes of our
people, should !>e received with the greatest
cau .on and distrust.
A bare mspei lion, in the annexed table, of
the d (Terences produced bv the ratio used in
Ho deposite act, compared with ‘he lesol's of
i distri u ion a --cordmg io the taiio of direci
taxation, must s iiisfy every unprejudiced tnind,
tliat tlie lonm r ratio contravene* the spirit <>t
ihe constitution, and produces a dcgiee ol in
jus’n e in th** op» ration of the Federal Gov
imminent *:m h would be fital io the hope t I
peipelu itmg it. By the ratio of direct ta\a
|t«on, tor exa nple, tne Slate of I) laware, in
phe collection of $30,000,000 of revenue,
1 would pay into me :i< ..ry §188,716 ; and
in a distribution of $30,000,000 she would re-
ceivebark from the Government according
to the ratio us ihe deposife bill, the sen) of
SBO6 122 j ai d similar results would follow
the comparison between the small and the
large States throughout the Union ; thus real
izing to the smill Slates at* advantage which
would be doubtless as unacceptable to them
as a motive for incorporiaiing the principle in
any system which would produce it, as 11 would
be inconsistent with the rights and expecuons
of he large Stales. It was cerlaitlly the in
etitton of that provision ol the constitution
which declares that “all duties, imposts and
excises” shall “ be uniform throughout the
United Stales,’’ to make lhe burdens of taxa
tion fall equally upon lhe people in whatever
State of the Union they reside. But what
would be the value of such an uniform rule if
the moneys raised by it could be immediately
returned by a difFGenl one which will give to
the people of some Slates much more, and
those of others mucii less, than their fair pro
portion ? Were tie Fderal G .Vermont to ex
empt, m express term-, the imports, products,
and manifactures of some portions of the
country from all duties, while it imposed a
heavy one on others, *he injustice could not
he greater. It would be easy to show how,
by the operation of such a principle, the large
States ot the Uaiou would no’ only have to
contribute their just sh <re towards the
support of the Federal Government, but also
have to bear in some degree the 'axes neces
sary to support the G<»vernmeni of their
smaller sisters ; but u is deemed unnecessary
;’o state ihe det ols where the general princi
ple> is so obv.oiis.
A system ii tble u> such obj-'etions can ne
uer be supposed to have been s moioned by
the framer- <d the consi.tmi >ll, wueti they con*
I-tied >it Congress ihe t >x ng power; and I
feel persuaded -hat a m dure examination of
lhe subject will satisfy eveiy one that there
are insurmountable difficulties m the operation
of hip plan which can be devised of collecting
revenue f r 'he purpose of distributing it.—
Congress is only authorized to levy faxes
‘fo pay t!u debts and provide for the com non
d f nee and general welfare of the United
States I here is no such provision as would
au'iiiirize Congress to collect together the
pioper v <>f the country, under the name of
revenue, lor 'he purpose of dividing it equally
or unequally among the St ties or lhe people.
Indeed, ii is not proable that such an idea
ever occur, d to the states when they adopted
.he ronsutufiam. But, however this tnav be,
lhe only sale rule lor us in interpreting iho
povv rs granted to the Federal Government,
is 10 regard the absem e of express authority
to touch a subject *o important aad delicate as
this is, as equivalent to a prohibition.
Even if our powers were less doub'fu! in
'his respect, as ihe constitution now stands,
there are consideratioos fforled by recent
expence, who h would seem to make it our
duty to avoid a rcsoii 'o sir h a system.
All will admit that tho simplicity and econ
omy of the State G>>vertim< nts, mainly de
pend r>n tl.c fact 'hat nrmv has to he appli d
10 support them Tty the same men, or their
a<>ents, who vote p away n> appropriations.—>
Hence, when there ate exoavag tni and waste
ful apuropiimions, th. re must be a correspon
ding mi te .so of taxes, >nd the people, be
commg aw >k tod, will necessarily s, ru tiuze
the character of measures which tnus increase
their burdens. Bv thw watchful eye of self
interest, the agents of lhe people in lhe S ate
Governments are repressed, and kepi within
the limits <>f a josi ecun .my. But if lhe r:e
cessny of levying ih** taxes ho taken from
; ih. se who make ihe appropriations, anti hrown
j upon a mure disiani and less responsible set of
public agents, who have pawer lo approach
the people by sin indirect >nd smallhv taxation,
there is reason to fear 'hat prodigality will
soop supersede those < harm terisin s winch
have thus fat made us look wip> so much prido
and eonfiuence to ihe S ate G.ivermrienis,
a* ihe mam stav of our Um .n and Eiberiins.
The Sta e Le ’islmures, instead of studying
o restiiet heir Slate expe.idi ores to the smal
lest possible smn, wdi claim —< dn for their
C>roh<i|>m, and liarrass the F.'(feral Govern
ment fin increased supplies. Practically,
diere would soon be bui one taxing power, mid
ih ii veste 1 in winch the faro'ing ami mechanic
interests would scarcely be represented.—
Th** Stales would g«-..d i.illv lose ilu-ir purity
as well as their independanee ; they would
ii'.l dare t<> murmur at the proceedings of the
Gem ral Government, lest they should have
their supplies : all would be merged m a prac
tical < nusnlidaiioiis, < emenied bv wide spread
corruption, winch could onl) be eradicated bv
i.ne of those bloody r volutions which occa
sionally overthrow the despotic systems of the
old w<>rid
In all the other aspects in which I have been
able to look at tiie efi’ert <P sm h a pi mciple of
d’s'rihution opon lhe ties' inleresis of the
co uitry, I can s< e nothing to compensate for
the disadvantages 10 winch I have adverted.
11 we consider the pro eciive duties, which
are, in a great d' giee, the source of the sur
plus revenue, l.enefi.-ral to one sc< - ’imt of tho
Union, and prt j idi< iil to another, there is no
corrective f<». the evil in *uch a plan of disiri
buuon. O • die coutrai y,'here is reason tr>
' feat that all ihe coin.daiuls wincr. have sprung
! from Uns cause would be nggr.va ed Every
one mu*i be -ensible th '' a dis ributmii of tlio
surplus m Ist beget a disposition i<> ehcri'li
lhe m an* which create 1. ; and any system,
therefore, into w i< b it enters, must have a
< owerful leudencv to irifiease. ra'hi r than
diminish the .ar FI It it were even adinit
ed that lhe advantage's of such u system could
be made equal to all 'be sectionr* <>t 'he Union,
he rea-ons ilready ’o* urgen I calling tor a
n duclton ..f lhe revenue, w<> ild, nevcrwo-l. s!’,
lose inme of l.ieir t*»r< e; tor it w'li ‘always be
improbable that an, lutell.gem and vir uous
commi.m y can consent to rai*e a surplus for
die mere purpose of dividing H, ditniuised as
it must inevu .t.rv be by lhe expenses of lhe
* various machinery necessary to the process.