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rRKSIDENT’S MKF-FAGE.
2',j (he Senate anti IJ'tu9c /
oj ll it Unittd StaU* :
In coming together, fellow-citizens, to eu
tcr again ujkiii tiie discharge ol the tint es
with winch the people have charged us, tev
rallv, v. e find groat occasion to rejoice in the
general prosperity of the country. V\ e are
in the enjoyment ol all the bie.ss.ngs of civil
and religious liberty, with unexampled means
of education, knowledge, and improvement
Through the year which is now drawing to a
close, nonce has been in our borders, and
pienty in our habitations; and although dis
ease has visited some few portions of the
land witn distress and mortality, yet in gene
ral the health of the people has been pre
served, and we are afl called upon, by the
highest obligations of duty, to renew our
t .auks and our devotion to our Heavenly 1
Parent, who has continued to vouchsafe to us
the eminent blessings which surround us,
and whv has so signally crowned the year
with h s goodness. If we find ourselves in
creasing, beyond example, in numbers, in
strength, in wealth, in knowledge, in every
thing which promotes human and social hap
piness, let us ever remember our dependence,
for all these, on the protection and merciful
dispensations of Divine Providence.
Since your last adjournment, Alexander
McLeod, a British subject, who was indicted
for the murder of an American citizen, and
whose case has been the subject of a corres
pondence heretofore communicated to you,
has been acquitted in the verdict of an im
partial and intelligent jury, and has, under
the judgement of the Court, been regularly
discharged.
Great Britain having made known to this
government that the expedition which was
fitted out from Canada for the destruction of
the steamboat Caroline, in the winter ot
1837, and which resulted in the destruction of
k .;,l n,l the heath at an American
■cililem was undertaken by orders emanating
from the authorities of the British Govern
ment, in Canada, and demanding the dis
charge of McLeod upon the ground that, if en
gaged in that expedition, he did but fulfil the
orders of his government, has thus been ans
wered in the only way in which she could be
answered by a government, the powers of
which are distributed am -ng its several de
partments by the fundamental law. Happily
lor the people of Great Britain, as well as
those ol the United States, the only mode by
which an individual, arraigned for a criminal
olfence, before the courts of either, can obtain
his discharge is by the independent action of
the judiciary, and by proceedings equally fa
miliar to the courts of both countries.
If in Great Britain a power exists in the
Crown to cause to be entered a nolle prosequi,
which is not the case with the Executive of
the United Stales upon a prosecution pending
in a State court, yet there, no more than here,
can the chief executive power rescue a pris
oner from custody without an order of the
proper tribunal directing his discharge. The
precise stage of the proceedings at which
such order may be made, is a matter of munici
pal regulation exclusively* and not to be com
plained of by any other government. In
cases of this kind, a government becomes po
litically responsible only when its tribunals of
last resort are shown to have rendered unjust
&. injurious judgments in matters not doubtful.
To the establishment and elucidation of this
principle no nation has lent its authority more
elficiently than Great Britain. Alexander
McLeod having his option either to prosecute
a writ of error from the decision of the Su
preme Court of New York, which had oeen
rendered upon his application for a discharge,
to the Supreme Court of the United States,or
to submit his case to she decision of a judi
ciary, preferred the latter, deeming it the
readiest inode of obtaining his liberation, and
the result has fully sustained the wisdom of
liis choice. The manner in which the issue
submitted was tried, will satisfy the English
government that the principles of justice will
never fail to govern the enlightened decision
of an American tribunal. 1 cannot fail, how
ever, to suggest to Congress the propriety,
and, in some degree, the necessity, of making
sueh provisions by law, so far as they may
constitutionally do so, for the removal at their
commencement, and at the opt ion of the party,
of all sueh cases as may hereafter arise, and
which may involve the faithful observance
and execution of our international obligations,
from the State to the Federal Judiciary. The
Government, by our institutions, is charged
with the maintenance of peace and preserva
tion of amicable relations n ith the nations of
the earth, and ought to possess, without ques
tion, all the reasonable and proper means of
maintaining the one and preserving the other.
Whilst just confidence is felt in the Judiciary
of the States, yet thiß government ought to be
competent in itself for the fulfilment of the
high duties which have been devolved upon
it under the organic law, by the States them
selves.
In the month of September, a party of arm
ed men from Upper Canada invaded the ter
ritory of the United States, and forcibly seiz
ed upon the person of one Grogan, and, under
circumstances of great harshness, hurriedly
carried him beyond tlie limits of the United
States and delivered him up to the authorities
of Lower Canada, liis immediate discharge
was ordered by those authorities, upon the
facts of the case being brought to their knowl
edge—a course of procedure which was to
have been expected from a nation with whom
we are at peace, and which was not more due
to tlie rights of the United States, than to its
own regard for justice. The correspondence
which passed between the depar'ment of state,
and the British envoy, Mr. Fox, and the gov
ernor of Vermont, as soon as the facts had
been made known to the department, are here
with communicated.
I regret that it is not in my power to make
known to you an equally satisfactory conclu
sion in the case of the Caroline steamer, with
the circumstances connected with the destruc
tion of which, in December, 1837, by an arm
ed force fitted out in the prov.nce of Upper
Canada, you are already made acquainted.—
No such atonement as was due for the public
wrong done to tt>® t- T -*oeu oiano tj- >
of her territory, so wholly irreconcila
ble with her rights as an independent power,
has yet been made. In the view taken by
this government, the inquiry whether the ves
sel was in the employment of those who were
prosecuting an unauthorised war against that
province, or was engaged hv the owner in the
business of transporting passengers to and
from Navy Island in hopes of private gain,
which was most likely the case, in no degree
alters the real question at issue between the
two governments. This government can ne
ver concede to any foreign government the
power, except in a case of the most urgent
and extreme necessity, of invading its terri
tory, either to arrest the persons or destroy
the property of those who may have violated
tire municipal laws of such foreign govern
ment, or have disregarded their obligations
arising under the law of nations. The terri
tory of the United States must be regarded
as sacrediy secure against all such invasions,
until they shall voluntarily acknowledge their
inability to acquit themselves of their duties
to others. And in announcing this sentiment
l do hut affirm a principle which no nation on
earth would be more ready to vindicate at all
hazards, than the people and government of j
Great Britain.
I£ upon a full investigation of all the facts,
it shall appear that the owner of the Caroline
vas governed by a hostile intent,or had made
common cause with those who were in the
occupancy of Navy Island, then so far as he
is concerned, there can be no claim to indem
nity for the destruction of his boa‘, which this
government would feel itself bound to prose
cute, since la would have acted not only in
derogation of the rights ot Great Britain, but
jn c lea r violation of the laws of the United
States ; but that is a question which, howev
t -cltled, in i:o manner involves the higher
onsider&tiou ot the violation of territorial
sovereignty and jurisdiction, i o recognise it
as an admissible practice that each govern
ment in its turn, upon any sudden and unau
thorised outbreak, which, on a frontier, trie
extent of which renders it impossible for ei- j
iher to have an efficient force on every mile |
of it, and which outbreak, therefore, neither
may be able to suppress in a day, may take
vengeance into its hands, and without even a
remonstrance, and in the absence of any pres-1
sing or overruling necessity, may invade the
territory of the oth’ would inevitably lead I
to results equally to be deplored by both.—
When border collisions come to receive the
sanction, or to be made on the authority of
either government, general war must be the
inevitable result. While it is the ardent de
sire of the United Slates to cultivate the re
lations of peace with ali nations, and to fulfil
all the duties of good neighborhood towards
those who possess territories adjoining their
own, that very desire would lead them to de
ny the right of any foreign power to invade
their boundary with an armed force. The
correspondence between the two governments
on this subject, will, at a future da/ of your
session, be submitted to your consideration ;
and in the mean time, I cannot but indulge
the hope that the British government will
the propriety of renouncing, as a rule of fu
ture act ion, the precedent which has keen set
in the affair at Schlosser.
I herewith submit the correspondence which
has recently taken place between the Amer
ican Minister at the Court of bt. James, Mr.
Stevenson, and the Minister of Foreign Af
fairs of that Government, on the rights claimed
by that Government to visit and detain vessels
sailing under the American flag and engaged
in prosecuting lawful commerce in the Afri
can seas. Our commercial interests in that
region have experienced considerable increase
and have become an object ol much impor
tance, and it is the duty of this Government
to protect them against all improper and vexa
tious interruption. However desirous the
United States may he for the suppression of
the slave trade, they cannot consent to inter
polations into the maritime code, at the mere
will and pleasure of other governments. We
deny the right of any such interpolation to any
one, or all the nations of the earth, without our
consent. We claim to have a voice in all
amendments and alterations of that, code—and
when we are given to understand, as in this
instance, .by a foreign government, that its
treaties with other nations cannot be executed
without the establishment and enforcement of
new principles of maritime police, to be ap
plied without our consent, we must employ a
language neither of equivocal import, or sus
ceptible of misconstruction. American citi
zens prosecuting a lawful commerce in the
African seas, under the flag of their country,
are not responsible for the abuse or unlawful
use of that flag by others ; nor can they light
fully on account of any such alleged abuses,
be interrupted, molested or detained while on
the ocean ; anil if thus molested anti detained,
while pursuing honest voyages, in the usual
way, and violating no law themselves, they
are unquestionably entitled to indemnity.—
This government has manifested its repug
nance to the slave trade, in a manner which
cannot be misunderstood. By its fundamen
tal law, it prescribed limits in point of time to
its continuance ; and against its own citizens,
who might so far forget the rights of human
ity as to engage ir. that wicked traffic, it lias
long since, by its municipal laws, denounced
the most condign punishment. Many of the
States composing this Union, had made ap
peals to the civilized world for its suppression,
long before the moral sense of other nations
had become shocked by the iniquities of the
traffic. Whether this government should now
enter into treaties containing municipal stipu
lations upon this subject, is a question for its
mature deliberation. Certain it is, that if the
right to detain American ships on the high
seas be justifiable on a plea of a necessity for
such detention, arising out of the existence of
treaties between other nations, the same plea
may be extended and enlarged by new stipu
lations of new treaties, to which the United
States may not be a party. This government
will not cease to urge upon Great Britain, full
and ample remuneration for all losses, wheth
er arising from detention or otherwise, to
which American citizens have heretofore been,
or may hereafter be subjected, by the exercise
of rights which this government cannot recog
nise as legitimate and proper. Nor will I in
dulge a doubt but that the sense of justice of
Great Britain will constrain her to make retri
bution lor any wiongor loss, which any Amer
ican citizen, engaged in the prosecution of
lawful commerce, may have experienced at
the hand of her cruisers, or other public au
thorities. This government, at the same
time, will relax no effort to prevent its citizens,
if there be any so disposed, from prosecuting
a traffic 60 revolting to the feelings of hu
manity. It seeks to do no more than to pro
tect the fair & honest trader,from molestation
and injury ; but while the enterprising mari
ner, engaged in the pursuit of an honorable
trade, is entitled to its protection, it will visit
with condign punishment, others of an oppo
site character.
I invite your attention to existing laws for
the suppression of the African slave trade,
and recommend all such alterations, as may
give to them greater force and efficacy. That
the American flag is grossly abused by the
abandoned and profligate of other nations,
is but too probable. Congress has, not Jong
since, had this subject under its consideration,
and its importance well justifies renewed and
anxious attention.*
I also communicate herewith a copy of a
correspondence between Mr. Stevenson and
Lord Palmerston, upon < he subject so interest
ing to some of the Southern states, of the rice
duties, which resulted honorably to the just
ice of Great Britain, and advantageously to
the United States.
At the opening of tlie last annual session,
the President informed Congress of the pro
gress which had then been made in negotia
ting a convention between this government
and that of England, with a view to the final
cat t oi tJio ipjcaiiuii erf the buu uilrfi y
between the territorial limits of the two coun
tries* 1 regret to say that little further ad
vancement of the object has been accomplish
ed since last year; but this is owing to cir
cumstances no way indicative of any abate
ment of the desire of both parties to hasten
the negotiation to its conclusion, and to settle
the question in dispute, as early as possible.
In tiie course of the session, it is my hope to
be able to announce some further degree of
progress toward the accomplishment of this
Ingl-iy desirable end.
The commission appointed by this govern
ment for the exploration and survey of the
line of boundary separating the states of Maine
I and New Hampshire from the conterminous
| British provinces is, it is believed, about to
j close its field labors, and is expected soon to
report the results of its examination to the
Department of State. The report, when re
ceived, will be laid before Congress.
The failure on the part of Spain to pay,
with punctuality, the interest due under the
convention of 1834, for the settlement of;
claims between the two countries, has made !
it the duty of the Executive to call the par
ticular attention of that government to the
subject. A disposition lias been manifested
bv it, which is believed to In? entirely sincere,
to fulfil it* obligations in this respect, so soon
as its internal condition and the state of its |
finances will permit. An arrangement is in j
progress, from the result of which it is trusted
that those of our citizens who have claims
under the convention will, at no distant day,
receive the stipulated payments,
A trea'y of commerce and navigation with
Belgium was concluded and signed at Wash
ington on the 29th March, 1840, and was
duiy sanctioned bv the Senate of the United
States. The treatv was ratified bv his Bel
giati Majesty, bat did not receive the appro
bation of the Belgian Chambers within the
time limited by its terms, and lias, therefore,
become void. Tills occurrence assumes the
graver aspect from the consideration that in
1833 a treaty negotiated between the two
governments, and ratified on the part of the
United States, failed to be ratified on the part
of Belgium. The representative of that gov
ernment at Washington informs the Depart
ment ot State that he has been instructed to
give explanations of the causes .vhich occa
sioned delay in the approval of the late treaty
by the Legislature, and to express the regret
of the King at the occurrence.
The joint commission, under the conven
tion with Texas, to ascertain the true bound
ary between the two countries, has concluded
its labors ; but the final report of the commis
sioners ot the United States has not been
received. It is understood, however, that the
meridian line, as traced by the commission,
: lies somewhat farther east than the position
hitherto generally assigned to it, and conse
l quently includes in Texas some part of the
i territory which had been considered as be
| longing to the states of Louisiana and Ar-
I kansas.
The United States cannot but take a deep
‘.itcresi in whatever relates to thip young, but I
growing republic. Settled principally by e:n- j
igrants from the United States, we have the j
happiness to know, that the great principles j
of civil liberty are there destined to flourish, l
under wise institutions and wholesome laws ; I
and that, through its example, another evi
dence is to be afforded of the capacity of pop
ular institutions, to advance the prosperity,
happiness and permanent glory of the human
race. The great truth, that govern..:ent was
| made for the people, and not the people for
| government, has already been established in
; the practice and by the example of these Uni
| ted Sta'es; and we can do no other than Ci n
i template its further exemplification by a sister
j republic, with the deepest interest.
Our relations with the independent states
of this hemisphere, formerly under the domin
ion of Spain, have not undergone any materi
al change within the past year. The inces
sant sanguinary conflicts in, or between those
countries are to be greatly deplored, as ne
cessarily tending to disable them from per
forming their duties as members of the com
munity of nations, and rising to the destiny
which the position and natural resources of
many of them might lead them justly to anti
cipate, as constantly giving occasion, also, di
rectly or indirectly, for complaints on the part
of our citizens who resort thither for purposes
of commercial intercourse, and as retarding
reparation for wrongs already committed, some
of which are by no means of recent da e.
The failure of the Congress of Ecuador to
bold a session, at the time appointed for that
purpose, in January last, will probably render
abortive a treaty of commerce with that re
public, which was signed at Quito on the 13th
of June, 1839, and had been duly ratified on
our part, but which required the approbation
of that body prior to its ratification by the Ecu
adorian executive.
A convention which has been concluded
with the republic of Peru, providing for the
settlement of certain claims of citizens of the
United States, upon the government of that
republic, will be duly submitted to the Senate.
The claims of our citizens against the Bra
zilian government, orignating from captures,
and other causes, are still unsatisfied. The
United States have, however, so uniformly
shown a disposition to cultivate relations of
amity with that empire, that it is hoped, the
unequivocal tokens of the same spirit towards
us, which an adjustment of the affairs referred
to would afford, will be given without further
avoidable delay.
The war with the Indian tribes on the pen
insula of Florida has, during the last summer
and fall, been prosecuted with untiring activ
ity and zeal. A summer campaign was re
solved upon, as the best mode of bringing it
to a close. Our brave officers and men who
have been engaged in that service, have suf
fered toils and privations and exhibited an en—
ergy which, in any other war, would have
won for them unfading laurels. In despite of
the sickness incident to the climate, they have
penetrated the fastnesses of the Indians, bro
ken up their encampments, and harrassed
them unceasingly. Numbers have been cap--
tured, and still greater numbers have surren
dered, and have been transported to join their
brethren in the lands elsewhere allotted to
them by the government; and a strong hope
is entertained that, under the conduct of the
gallant officer at the head of the troops in
Florida, that troublesome and expensive war
is destined to a speedy termination. With all
the other Indian tribes, we are enjoying the
blessings of peace. Our duty, as well as our
best interests, prompt us to observe, in all our
intercourse with them, fidelity in fulfilling our
engagements, the practice of strict justice, as
well as the constant exercise of acts of be
nevolence and kindness. These are the great
instruments of civilization, and through the
u.-e of them alone, can the untutored child of
the forest be induced to listen to its teachings.
The Secretary of State, on whom the acts
! of Congress have devolved the duty of direct
j ing the proceedings for the taking of the sixth
j census, or enumeration of the inhabitants of
| the United States, will report to the two
Houses tie progress of that work. The enu
: meration ot persons has been completed, and
: exliibitu a grand total of 17,039,453; making
j an increase over the census of 1830, of 4,202,-
646 inhabitants, and showing a gain in a ratio
exceeding 32 1-2 per cent, for the last ten
years.
From the report of the Secretary of the
Treasury, you will be informed of the condi
tion of the finances. The balance in the
treasury on the Ist of January last, as stated
in the report of the Secretary of the Treasury,
submitted to Congress at the Extra Session,
was $987,345 03. The receipts into the
treasury, during the first three quarters of
this year, from all sources, amount to $23,-
; 467,072 52. The estimated receipts for the j
j fourth quarter, amount to $3,943,095 25,
| amounting to $30,410,167 77; aud making,
i with the balance in the treasury, on the first
!of January last, $31,397,512 80. The ex
| penditures for the first three quarters of this
1 year amount to $24,734,346 97. ‘l’he ex
penditures for the fourth quarter, as estimated,
will amount to $7,290,723 73 —thus making
a total of $32,025,070 70, and leaving a de
ficit to be provided for, on the first of January
! next, of about $327,557 90.
j Os the loan of $12,000,000, which, was au
| thorised by Congress at its late session, only
$5,432,726 have been negotiated. The short
i ness of time which it had to run has presented
I no inconsiderable impediment in the way of
| its being taken by capitalists at home, while
i the same cause would have operated with
! much greater force in the foreign market
• For that reason the foreign market has not
; been resorted to; and it is now submitted,
; whether it would not be advisable to amend
! the law by making what remains undisposed i
of payable at a more distant day.
Should it be necessary, in any view that!
Congre.-s may take of the subject, to revise ;
the existing tariff of duties, I bc-g leave to say, I
that iu the performance of that most delicate j
! operation, moderate counsels would seem to
be the wisest. Tiia government under which
it :s our happiness to live, owes its existence
to the spirit of compromise which prevailed
among its framers--jarring and discordant
opinions could only have been reconciled by
that uouie spirit of patriotism, which prompted
conciliation, and tesuited in harmony. In the
same spirit, the compromise bill, as it is coni*!
monly called, was adopted at the session of j
1833. While the people of no portion of the {
Union will ever hesitate to pay all necessary
taxes for the support of Government, yet an
innate repugnance exists to the imposition of
burthens not really necessary for that object.
In imposing duties, however, for the purposes
of revenue, a right to discriminate as to the
articles on which the duty shall be laid, as
well as the amount, necesearfy and most
properly exists. Otherwise, the Government
would be placed in the condition of having to
levy the same duties upon all articles, tlie
productive as well as the unproductive The
slightest duty upon some, nvglit have the ef
fect of causing their nn|orlatioii to cease;
whereas others, entering extensively into the
consumption of the country, might bear the
heaviest, without any sensible diminution in
the amount imported So also the govern
ment may be so justified in discr.minating, by
reference to other consideration.-, of domestic
policy, connected with our manufactures. So
long as the duties shall be laid with distinct
reference to the wants of the treasury, no well
j founded objection can exist against them. It
-might be esteemed desirable that no such
1 augmentation of the taxes should take place
|as would have the effect ol annulling the land j
proceeds distribution act of the last session, j
’ which act is declared to be inoperative the I
! moment the duties are increased beyond 20
! per cent., the maximum rate established by
| the compromise act. Some of the provisions
lof the compromise act, which will go into el-
sect on the 300i day of June next, may, how
ever, be found exceedingly inconvenient in
practice, under any regulata ns that Congress
may adopt. I refer more particularly to that
relating to the home valuation. A difference
in value of the same articles to some extent,
will necessarily exist at different ports—but
that is altogether insignificant, when com
pared with the conflicts in valuation, which
are likely to arise, from the d.fferences of
opinion among the numerous appraisers of
merchandize. In many instances the esti
mates of value must be conjectural, and thus
as many different rates of value may tie es
tablished as there are appraisers. These dis
ferences in valuation may also be increased
by the inclination, which, without the slight
est imputation on their honesty, may arise on
the part of the appraisers in favor of their re
spective ports of entry : I recommend this
whole subject to Congress, with a sing e ad
ditional remark. Certainty and permanency
in any system of governmental policy are, in
all respects, eminently desirable ; but more
particularly is this true in all that affects trade
and commerce, the operations of which de
pend much more on the certainty of their re
turns, and calculations which embrace distant
periods of time, than on high bounties, or du
ties, which an: liable to constant fluctuations.
At your late session, I invited your atten
tion to the condition of the currency and ex
changes, and urged the necessity of adopting
such measures as were consistent with the
constitutional competency of the government,
in order to correct the unsoundness of the one,
and as far as practicable the inequalities of the
other. No country can be in the enjoyment of
its full measute of prosperity, without the
presence of a medium of exchange, approxi
mating to uniformity of value. What is ne
cessary as between the different rations of the
earth, is also important as between the inhabi
tants of different parts of the same country ;
with the first the precious metals constitue
the chief medium of circulation, and such also
would be the case as to the last, but for inven
tions comparatively modern, which have fur
nished, in place of gold and silver, a paper
circulation. Ido not propose to enter into a
comparative analysis of the merits of the two
systems. Such belonged more properly to the
! period of the introduction of the paper system.
The speculative philosopher might find in
ducements to prosecute the inquiry, but his
researches could only lead him to conclude,
that the paper system had probably better
never have been introduced, and that society
might have been much happier without it.—
The practical statesman has a very different
task to perform. Jle has to look at things as
they are—to take them as lie finds them—to
supply deficiencies, and to prune excesses as
far as in him lies. Tlie task of furnishing a
corrective for derangements of the paper me
dium with us, is almost inexpressibly great.
The power exerted by the States to charter
banking corporations, and which, having been
carried to a great excess, has filled the coun
try wi:h, in most of the States, an irredeema
ble paper medium, is an evil which, in some
way or other, requires a corrective. ‘Fhe
rates at which bills of exchange are negotia
ted between different parts of the country,
furnish an index of the value of the local sub
stitute for gold and silver, which is, in many
parts, so far depreciated, as not to be recei
ved except at a large discount, in payment of
debts, or in the purchase of produce. It could
earnestly be desired that every bank, not pos
sessing the means of resumption, should fol
low the example of the late U. S. Bank of
Pennsylvania, and go into liquidation, rather
than by refusing to do so to continue embar
rassments in the way of solvent institutions,
thereby augmenting the difficulties incident to
the present condition of things. Whether
this government, with due regard to the rights
of the States, has any power to constrain the
banks, either to resume specie payments, or
to force them to liquidation, is an inquiry
which will not fail to claim your consideration.
In view of the great advantages which are
allowed the corporators, not among the least
of which is the authority contained in most of
their charters, to make loans to three times
the amount of their capital, thereby often de
riving three times as much interest on tlie
same amount of money as any individual is
| permitted by law to receive, no sufficient apol
! ogy can be urged for a long continued sus
I pension of specie payments. Such suspension
is productive of the greates* detriment to the
public, by expelling from circulation the pre
cious metals, and seriously hazarding the suc
cess of any effort that this government, can
make, to increase commercial facilities, and
to advance the public interests.
This is the more to be regretted and the
indespensable necessity for a sound currency
becomes the more manifest when we reflect
on the vast amount of the internal commerce
of the country. Os this we have no statistics,
nor just data for forming adequate opin
j ions. But. there can be no doubt, but that the
amount of transportation coastwise by sea,
and the transportation inland by railroads and
canals, and by steamboats and other modes of
conveyance, over the surface of our vast rivers
and immense lakes, and the value of property
carried and interchanged by these means,
form a general aggregate, to which the for
eign commerce of the country, largeas it is,
makes but a distant approach.
In the absence of any controlling power j
over this subject, which by forcing a general
resumption of specie payments would at once
have the effect of restoring a sound medium
of exchange, and would leave to the country
but little to desire, what measure of relief,
falling within the limits of our constitutional
competency, does it become this government
to adopt ? It was my painful duty at your
last session, under tlie weight of most solemn
obligations, to differ with Congress on the
measures which it proposed for my approval,
and which it doubtless regarded as corrective
of existing evils. Subsequent reflection, and
events since occurring, have only served to
confirm me in the opinions then entertained,
and frankly expressed.
I must be permitted to add, that no scheme
! of governmental policy, unaided by individual
j exertions, can be available for ameliorating
j the present condition ol tilings. Commercial
I modes of exchange and a good currency, are
j but the necessary means of commerce and in
tercourse, not the direct productive sources of
| wealth. Wealth can only be accumulated by
| the earnings of industry, and the savings of
j frugality : and nothing can be more ill judged
than to look to facilities in borrowing, or to a
I redundant circulation for the power of dis
charging pecuniary obligations. The coun
try is full of resources, and the people full of
energy, and the great and permanent remedy
for present embarrassments must be sought in
industry, economy, the observance of good
faith, ami the favorable influence of time. <
In pursuance of a pledge given to you in mv l
last message to congress, which piedge 1 urge
as an apo'ogv for adventuring to present
you the details of any plan, the Secretary of
the Treasury will be ready to submit to you.
should you require it, a plan of finance winch
while it throws around the public tieasure
reasonable guards for its protection, and rests
on powers acknowledged in practice to exist
from the origin f the government, will, ai
the same time, furnish to tm- country a sound
paper medium, and atßird all reasonable fa
cilities for regulating the Exchanges. When
submitted, you will perceive m it a plan
amendatory of the existing laws in relati >n to
the Treasury Department- subordinate in all
lespecls to the will of Congress directly, and
die will of the people indirectly —self sustain
ing, should it be found iu practice 10 realize
U3 promises in theory, and repealable at the
pleasure of Congress. It proposes by ell.eiu
al restraints, and by invoking the true spirit ot
our institutions, to separate the purse from
the sword ;or more properly to speak, denies
any other control to the President over die
agents who may be selected to carry it into j
execution, but what may be indispensably ne- j
cessary h secure the fidelity oi such agents; j
and by wise regulations, keeps plainly j
apart from each other, private and ptib-j
he funds. It contemplates the establish
ment of a Board of Control, at die Seat ol
Government,wilh aoi ncies at prominent com- j
meicial points, or wherever else Congress j
shall direct for the safe k -epmg and disburse- j
ment of the public moneys, and a suhtiiution,
at the option of the public creditor, ol Treas
ury notes in line of g Id and silver. Ii propo
ses to limit the issues to an amount not to ex
ceed sls 000,000—without the express sanc
tion of the Legislative power. It also author
izes the receipt of individual deposits ol gold
and silver to a limited amount and the grant
ing certificates of deposite. divided into such
sums as may he called for by the depositors. —
It proceeds a step further, and authorizes the
purchase and sale ol domestic bills and drafts,
resting on a real and substantial basis, payable
at sight or but having a short time to run,and
drawn on places not less than one hundred
miles apart—which authority, except in so
fdr as may be necessary for government purpo
ses exclusively, is only to be exerted upon the
express condition, that its exercise shal not
be prohibited by the Siate in which the agency
is situated.
In order to cover the expenses incident to the
plan, it will be authorized to receive moderate
premiums for certificates issued on deposits,
and on bills bought, and sold, and thus, as far
as its dealings extend, to furnish facilities to
commercial intercourse attheluwest possible
rates, and to subduct from the earnings of in
dustry, the least possible sum. It uses the
State Banks at a distance from the agencies,
as auxiliaries, without imparting any power to
trade in its name. It is subjected to such
guards and restraints as have appeared to be
necessary. It is the creature of taw, and ex
ists only at the pleasure of the legislature. It
is made to rest on an actual specie basis, iu or
der to redeem the notes at the places of issue
—produces no dangerous redundancy of circu
lation—affords no temptation to speculation—
is attended by no inflation of prices—is equa
ble in its operation—makes the treasurv notes,
which it may use along with the certificates of
deposit* and the notes of specie paying banks
—convertible at the place where collected, re
ceivable in payment of Government dues —
and, without violating any principle of the Con
stitution, affords the Government and the peo
ple such facilities as are called for by the wants
of both. Such, it has appeared to me, are its
recommendations, and in view of them it will
be submitted whenever you may require it, to
your consideration.
I am not able to percen’B that any fa.r and
candid objection can be urgeJ against the plan,
the principal outlines of which I ha*” thus pre
sented. I cannot doubt but that the iiTtCF
which it proposes to furnish, at the v oJuntary
option of the public creditor, issued in lieu of
the revenue and its certificates ot deposit, will
be maintained at an equality with gold and
silver, every where. They are redeemable
in gold and silver on demand, at the places of
issue. They are receivable every where in
paymentof governmentdues. The Treasury
notes are limited to an amount of one-fourth
less than the estimated annual receipts of the
treasury; and in addition they rest upon the
faith of the government for their redemption.
If all these assurances are not sufficient to
make them available, then the idea, as it seems
to me, of furnishing a sound paper medium of
exchanges, may be entirely abandoned.
If a fear be indulged that the government
may be tempted to run into excess in its issues
at any future day, it seems to me that no such
apprehension can reasonably be entertained,
until all confidence in the representatives of
the states and of the people, as well as of the
people themselves, shall be lost. The weight
iest considerations of policy require that the
restraints now proposed to be thrown around
the measure should not, for light causes, be
removed. To argue against any proposed
plan its liability to possible abase, is to reject
every expedient, since every thing dependent
on human action is liable to abuse*. Fifteen
millions of treasury notes may be issued as
the maximum, but a discretionary power is
to be given to the board of control, under that
sum, and every consideration will unite in
leading them to feel their way with caution.
For the eight first years of the existence of
the late Bank of the United States, its circu
lation barely exceeded $1,000,000; and for
five of its most prosperous years, it was about
equal to $0,000,000: furthermore, the au
thority given to receive private deposits to a
limited amount, and issue certificates in such
sums as may be called for by the depositors,
may so far fill up the channels of circulation
as greatly to diminish the necessity of any
considerable issues of treasury notes. A re
straint upon the amount of private deposits
has seemed to be indispensably necessary,
from an apprehension thought to be well
founded, that in any emergency of trade, con
fieence mi?ht be so far shaken in the banks
as to induce a withdrawal from them of pri
vate deposits with a view to insure their un
questionable safety when deposited with the
government, which might prove eminently
disastrous to the state banks. Is it objected
that it is proposed to authorise the agencies
to deal in bills of exchange ! It is answered,
that such dealings are to be carried on at the
I lowest possible premium —are made to rest
on an unquestionably sound basi-;—are de
signed to reimburse merely the expenses
which would otherwise devolve upon the trea- |
surv, and are in strict subordination to the j
decision of the supreme court, in the case of
the Bank of Augusta against Earle, and other
reported cases: and thereby avoids all con-;
flict with state jurisdiction,which I hold to he
indispensably requisite. It leaves tlte bank
ing privileges of the States without interfer
ence—looks to the treasury and the Union—
and, while furnishing every facility to the first,
is careful of the interests of the las’. But
above all, it is created by law, is amenable by
law, and is repealable by law ; and wedded
as I am to no theory, but looking solely to the
advancement of the public good, I shall be
amongst the very first to urge its repeal, if it
be found not to subserve the purposes and
objects for which it may 16 indicated. Nor,
will the plan be submitted in any overweening
confidence in the sufficiency of my own judge
ment, but with much greater reliance on the
wisdom and patriotism of Congress. I can
not abandon this subject without urging upon
you, in the most emphatic manner, whatever J
may be your action on the suggestions which |
I have felt it to be my duty to submit, to re
lieve the chief executive magistrate by any j
and all constitutional means, from a controli—j
ing power over the public treasury. If, in the
plan proposed, should you deem it worthy of j
your consideration that separation is not as|
complete as you may desire, you will doubt—
less amend it in that particular. For myself,
1 disclaim all desire to have any control over
the public moneys, other than what is indis
pensably necessary, to execute the laws which
you may pass.
Nor can-Ifail to ad vert, in this connection,
to the debts which many of :he Slates of
the Union have contracted abroad, and un
der which they continue to labor. That in
debtedness amounts to a sum not less than
$200,000,000, and which has been retributed
to them for the most part, in works of internal
improvement, which are destined to prove
of vast importance in ultimately advancing
their prosperity and wealth. For the di bis
thus contracted, the Mates are alone re
sponsible. I can do no more than express
the belie! that each State will feel itsell
bound by every consideration of honor, as
well as of interest, to meet its engagements
with punctuality. The failure, however,
of any one State to do so, should in no de
gree affect the credit of the rest ; and the
foreign capitalist will have no just cause to
experience alarm as to all other State stocks,
because anv one or more of the States may
neglect to provide with punctuality the
means of redeeming their engagements.
Even such Mates, should there be any,
considering the great rapidity with which
theirresotirces are developing themselves,
will not fail to have the means, at no very
distant dav, to redeem their obligations to
the utmost fat thing ; nor will I doubt that
; in view of that honorable conduct which
i has evermore governed the States, and the
people of this Union, they will each and all
i resort to every legitimate expedient, before
| they will forego a faithful compliance with
! their obligations.
From the report of the Secretary of War
and other icports accompanying it, you will
be informed of the progress which has been
made in the fortifications designed for the
protection of our prin ipal cities, roadsteads,
and inland frontier; during the present year;
together with their true state and condition.
They will be prosecuted to completion with
all the expedition which the means placed
by Congress at the disposal of the Executive
will allow.
I recommend particularly to your consid
eration, that portion of the Secretary’s re
port which proposes the establishment ol a
chain of military post*, from Council Bluffs
to some point on the Pacific Ocean, within
our limits. The benefit thereby destined
to accrue to our citizens engaged in the fur
trade, over that wilderness region, added to
the importance of cultivating friendly rela
tions with savage tribes inhabiting it, and
at the same time of giving protection to our
frontier sentiments, and of establishing the
means of sale intercourse between the
American settlements at the mouth of the
Columbia river, and those on this side of the
Rocky Mountains, would seem to suggest
the importance of carrying into effect the re
commendations upon this head with-as little
delay as may be practicable.
The report of the Secretary of the Na
vy. will place you in possession of the pre
sent condition of that important amt of the
national defence. Every effort will be made
to add to its efficiency, and I cannot too
strongly urge upon you, liberal appropria
tions to that branch of the public service.
Inducements of the weightiest character
exist for the adoption of this course oi poli
cy. Our extended and otherwise exposed
maritime frontier, calls for protection, to the
iurntsbing of which an efficient naval force
is indispensable. We look to no foreign
conquests, nor do we propose to enter into
competition with any other nation for su
premacy on the ocean—but it is due not on
ly to the honor, but to the security of the
People of the United States, that no nation
should be permitted to invade our waters at
pleasure, and subject our towns and villa
ges to conflagration or pillage. Economy
in all branches ot the publie service, is due
from all the public agents to the people—
but parsimony alone would suggest the
withholding of the necessary means, for the
protection of ourdomes. ,|C firesides from in
vasion, and our national fionor from dis
grace. I would most earnestly recommend
to Congress, to abstain from all appropria
tions, for objects not absolutely necessary ;
but I take upon myself, without a moment
of hesitancy, all the responsibility of re
commending the increase and prompt equip
ment of that gallant Navy, which has
lighted up every sea with its victories, and
spread an imperishable glory over the coun
try.
The report of the Postmaster General
will claim your particular attention, not on
ly because of the valuable suggestions
which it contains, but because of the great
importance which, at all times, attaches to
that interesting branch of the public ser
vice. The increased expense of transport
ing the mail along the principal routes,
necessarily claims the public attention,
and has awakened a corresponding so
licitude on the part of the Government.
The transportation of the mail must keep
pace wilh those facilities of intercommuni
cation winch are every day becoming grea
ter through the building of rail-roads and
the application of steam power—but it can
not be disguised that, in order to do so, the
Post Office Department is subjected to hea
vy exactions. The lines ot communica
tion between distant parts of the Union,
are, to a great extent, occupied by rail-roads,
which, in the nature of things, possess a
complete monopoly, and the Department is
therefore liable to heavy and unreasonable
charges. This evil i- destined to great in
crease in future, and some timely measure
may become necessary to guard against it.
Ifeel it my duty to bring under your con
sideration a practice which has grown up
in the administration of the Government,
and which, I am deeply convinced, ought
to be corrected. 1 alluded to the exerci-e
of the power, which usage, rather than
reason, has vested in the Presidents, ol re
moving incumbents from office, in order
to substitute others more in favor with the
dominant party. My own conduct, in this
respect, has been governed by a conscienti- j
ous purpose to exercise tire removing pow- |
er. only in cases ol unfaithlulness or in ibil- 1
ity, or in those in which its exercise appeard
necessary; in order to discountenance and
suppress that spirit of active partisanship
on the part of holders of office, which not
only withdraws them from the steady and
impartial discharge of their official duties,
but exerts an undue and injurious influ
ence over elections, and degrades the char
acter ol the Government itself, inasmuch
as it exhibits the Chief Magistrate, as be
ing a party, through his agents, in the se
cret plots or open workings ol political par
ties.
In respect to the exercise of this power
I nothing should be left to discretion, which
J may salVly be regulated by law ; and it is
(of high importance tojrestrain as far as*
possible tlte stimulus of personal interests
in public elections, Considering the great
| increase which has been made in public of
j fices in the lastquarter of a century, and the
probability ol farther increase, we incur the
I hazard of witnessing violent political con*
tests directed too often to the single object of
retaining office,!by those who are in, or ob
taining it, by those who are out, Under
the intluence of these convictions, I shall
cordially concur in any constitutional mea
sures for regulating, and by regulating, re
straining, the power of removal.
I suggest for your consideration, the pro
priety of making, without further delay,
some specific application of the funds de
rived under the will of Mr. Smithson, of
England, for the diffusion of knowledge;
and which have heretofore, been vested in
public stocks, until such time as Congress
should think proper to give them a specific
direction. Nor will you. I feel confident, per
mil any abatement of the principal of the
legacy to be made should it turn out that
the siock*, in which the vestments have
been made, have undergone a depreciation.
In conclusion, I commend to your care
the interests of this District, for which you
are the exclusive legislators. Consider
ing that this city is the residence of the
Government, and for a large part of the
tear, ol Congress and considering also,
the great cost of the Public Buildings, anil
the property of affording them at all times
carelul protection, it seems not unreason
able that Congress should contribute to
wards the expense of an efficient police.
JOHN TYLER.
Washington, December 7, IS4I.
TH E TI M ES .
TUe union ofihe slates ami the sovereign*\ of the states
COLUMBUS, DECEMBER 16, IS4I.
FOR CONGRESS,
WALTER T. COLQUITT,
EDWARD J. BLACK,
MARK A. COOPER.
the PRESIDENT'S MESSAGE.
This document was received iu this city on
Monday afternoon, and issued by us in au
Extra the same evening.
The most important topic treated in the
message, and the one upon which, just now
the principal interest is felt by the country
generally, is that relating to the currency,
and the establishment of a suitable fiscal
agent for the purposes of government. Al
though the plan suggested by the President
is not free from constitutional objections, inis
much as it proposes to give certain bankimr
powers to the new machine recommended for’
the collection, safe keeping and disbursement
of the public funds ; yet we are happy to per
ceive that he denies now.,- as heretofore, the
right of Congress to charter rnceijrOrations.
The President, too, acknowledges distinctly
the r : glit. of repeal of any institution or agen
cy established by Congress to aidi the govern
ment in its fiscal affairs. This is ail very
well, and affords an additional guaranty of the
ultimate ascendancy of the- principles of the
Democratic party on a permanent basis, so far
as this particular subject is concerned.
The President'devotes portions of hiertnes--
sage to the vexed questions pending between
this government and that'of Great Britain
%
and entertains the hope—we trust it may not
provo r delusive—that alb of them will be ami
cably adjusted to the mutual benefit of both*
nations.
There is a part of tbo mt-SSSige to'whichwe*
desire to draw particularly the attention of the
Columbus Enquirer. It is that in relation to*
the torn! it ion ol the Treasury now, and the
probable deficit on 1 the first of January ensu
ing. That deficit, even according to the’
figures of President Tyler, will be only aLout
six hundred thousand dollars, instead of six:
millions and upwards, asr alleged by Whig
journals during the last summer,and if we mis
take not by the Enquirer among the number’
And this insignificant deficit exists, too, when
only Jive millions and a h alftf ike- heel re million
Loan authorized at the late session of &viigress 9 -
hare been ngotiated. Will the Enquirer ex-’
p.'ain this extraordinary result respecting the’
finances of the country, stated in so imposing-,
a document as the Annual Message of the’
President of the United States ]
It is worthy of remark, also, that while n’
further progress has been made towards the’
final adjustment of the Northeastern Bounda
ry dispute, President Tyler says “it is : the :
desire of both parties to hasten the negotiation,
to its conclusion, and to settle the question in?
dispute as early as possible.”
The President says but little about t'her
atoi ement demanded of the British Govern.*
ment for the destruction of the Caroline
steamer, and the illegal invasion of our feitL
torv. While admitting that no notice has.”
been taken of our demand for reparation, lie
says nothing about persisting in the demand—
•‘but. indulges the hope that the British Gov
ernment will see the propriety of renouncing,
as a rule ol future action, the precedent which
has been set in the affair at Schlosser.” This*
language is humiliating under any circuit! t
stances*—but doubly so when uttered by tlta
highest functionary in the land.
PLANTERS’ AND MECHANICS’ BANK
At a meeting of the directors of this insti
tution, the vacancy in the hoard was filled by
the election of James C. Watson.
Subsequently, James C. Watson was elect
ed President, to fill the vacancy occasioned
by the resignation of John Banks.
The hoard now stands as follows:
President, James C. Watson; directors,
Jehu Banks. James M. Chambers, Abner H.
Fiewefleu, Thomas Berry, and W. B. Ector
We beg leave to caution the public again,
as we have had occasion to do heretofore,
against crediting any flying rumors circulated
in the country, prejudicial to the character of
the banking institutions of this city. Most
of them are in a state of suspension, it is true,
and that is bad enough, but any reports that
they are about to fail; or to do any thing
winch will reduce ihe value of their notes
lower than they now stand, ar * incorrect, and
must be designed to injure improperly an un
susuee'.ing community.
STKAME t FRANCES.
This steamer, in descending the Cliattahoo
‘ cliee river a few days since, with about 800
| bales of cotton on board, struck a rock in turn
i ing a bend of the river, a few miles above Ir-
I winton, Ala., being driven, in consequence of
the rapidity of the current, out of the channel.
I The Frances was run ashore in order, if
! possible, to rescue the cargo. The steamer
| Chamois, arriving a few hours after the acci
[ dent, took on board 488 bales of the cargo of
I the Frances, and we learn that a portion of
he remainder has since been saved in an un
damaged condition. The baiance of the cotton,
placed under deck, is being removed by the
crew ot the boat; all of it, of course, more
or less injured. The cotton on board the Fran
ces was owned by different individuals in this
city, and was insured, with the exception of
150 bales. The boat was not insured.
The steamer is not seriously injured, and
will, probably, De got off in a few days.
We understand that great credit i6 due to
Capt. Van Vechten and the crew of the Fran
ces, for their extraordinary exertions in savins
from damage the greater part of the cargo. °