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fVII<•11*11^110 OK TJlIi »*A*V0 OK THU UNION.
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COl'NTUY l*.\l*KH
. KIOllT UULI.AItH.
; riVK UOl.l.AKS.
FROM OKU HOHUKSrONUU.N VS,
OKcea oflheCourier, Mercury ami (hurtle
Charleston, Dec. II—1A I*. M.
Wasmsoton, Dpc. 8.
TliiaDay. nt 13 o’clock, tips I'nwldunt of
Hip United States communicated to butli
Houses of Congress (lie following
MESSAGE.
Fellow-Citizens of the Senate,
and House of Representatives.
It affords ino pleasure to tender my friend
ly greetings to you on the occasion of your
assembling at the Sent of Government, to
enter upon tlio important duties to which you
have been called by the voice of our country,
lucn* The task devolves on mo, under a pro
vision of the Constitution, to present to you,
US the Federal Legislature of twenty-four so-
vereign States, aiiil twelve millions of happy
people, a view of our alfairs ; and to propose
such measures as, in the discharge ol my of
ficial functions, have suggested themselves
as necessary to promote the ohjecto of our
union.
In communicating with you for the first
time, it is, to mo, a source of unfeigned satis
faction, calling for mutual gratulntion and
devout thanks to a benign Providence, that
wo .arc at peace with all mankind, and that
our country exhibits the most cheering evi
dence of general welfare and progressive im
provement. Turning onr eyes to other na
tions, our great dc3 : .re is to see our brethren of
tlm human race secured in the blessings en
joyed by ourseivc9, and advancing in know-
lodge, in freedom, and in social happiness.
Our foreign relations although in their gen
eral character pacific unil friendly, present
subjects of difference between us and other
Powers, of deep interest, as well to the coun
try at large as to many of our citizens. To
effect an adjustment of these shall continue to
be the object of my earnest endeavours ; and
notwithstanding the difficulties of the tusk, 1
do not allow myself to apprehend unfavorable
results. Blessed ns our country is with every
thing which constitutes national strong!!i, she
is tlilly adequate to the maintenance of till her
interests. In discharging tin responsible
trust confided to the Executive in this respect,
it is my settled purpose to nsk nothing that
is not clearly right, and to submit to nothing
that is wrong ; mid I Hatter myself, that, sup
ported by the other branches of the govern
ment, aiid by the intelligence and patriotism
of the people, wo shall bo able, tinder the pro
tection of Providence, to cauae till our just
.rights to bo respected.
OfUio unsettled matters between the United
8tat.es and other powers, the most prominent
arc those which have, for years, been the sub
ject of negotiation with England, France, and
•Spain. The late periods at which our Minis
ters to those Governments loft the United
Etqtcs, render it impossible at this early day,
to inform you of what has boun d«mo on this
subjects with which they have boon respec
tively charged. -Relying upon tho justice of
our views m relation to the points committed
to negotiation, and the reciprocal good feel
ing which characterizes our intercourse with
those nations, we have the best reason to hope
for a satisfactory adjustment of existing dll'
ferencc3.
With Great Britain, alike distinguished in
peace and war, we may look forward to years
of peaceful, honorable, and elevated competi
tion. Every thing in the condition and hist o-
ry of the two nations, is calculated to inspire
^sentiments of mutual respect, and to carry
conviction totho minds of both that it is their
policy to preserve the .most cordial relations :
eucli arc r y own views, and it is not to he
doubted that such are also the prevailing sen
timents of our constituents. Although nei
ther time nor opportunity has been afforded
for a full dovelopeimnt of the policy which
the present cabinet of Great Britain designs
1o pursue towards this country, I indulge tho
hopotlnt it wifi bo of a just anil pacific char
acter ; and if this anticipation bo realized, wo
may look with confidence to a speedy ami ac
ceptable adjustment of our affairs.
Under the Convention For regulating the
reference to arbitration oft ho disputed points
of boundary under tho fifth article of the trea
ty of Ghent, tho proceedings have hitherto
been conducted in that spirit of candor and
liberality which ought ever to characterize the
nets of sovereign States, seeking to adjust,
by the most unexceptionable mentis, ininor-
t ant and delicate subjects of contention. The
first statements of tho parties have been ex
changed, and tho final replication, on our
part, is in a course of preparation. This sub
ject has received the attention demanded by
its great and peculiar importance ton patriotic
member of this Confederacy. Tho exposition
of our rights, already made, is such, as from
tho high reputation of the commissioners by
whom it has been prepared, we had a right to
oxpoct. Our interests at t he court of the 8o«
voroign who has evinced his friendly disposi
tion, by assuming tho delicate task of arbitra
tion, have been committed to a citizen of the
Hiatc of Maine, whoso character, talents, and
intimate acquaintance with the subject, emi
nently 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 illu:;1 ri-
ous arbitrator, wo can have nothing to appre
hend from the result.
From Franco, our ancient ally, wo have a
right to expect that justice which becomes tho
Sovereign of a powerfull intelligent mid mag
nanimous people. The beneficial clients pro
duced by the commercial convent ion of 18*22,
limited ns are it provisions, arc too obvious
not to make a salutary impression, upon the
minds of those who are charged wit h the ml
ministration of her government. Should this
result induce a disposition to embrace to their
full extent, tho wholesome principles which
constitute onr commercial policy, our Minis-
, ter to that Court will lie found instructed to
cherish such a disposition, and to aid in con
ducting it to useful practical conclusion;!.—
The claims of our citizens lor depredations
upon their property, Iongsinco committed un
der tho authority, ami in many instances by
tho express direction of the then existing go
vernment of France, remain unsatisfied,
and must therefore continue to furnish a sub-
ject of unpleasant discussion, and possible
collision between the two governments. I
cherish, howovor, a lively nope, founded us
well on tho validity of those claims, and the
established policy of nil enlightened govern
ments,ns on tho known integrity of the French
monarch,, tliat the injurious delays of tho past,
will find redress in the equity of the future.
Our ininisterh-'W been instructed to press
these demands on the French Government
with nil tho earnestness which is called for
by their importance and irrefutable justice,
and in a spirit that will evince tho respect
which is duo to tho feelings of those from
whom the satisfaction is required. *
Our Minister recently appointed to Spain
has been authorized to assist in removing e-
vils alike injurious to both countries, either by
concluding* a commercial convention upon
liberal anu reciprocal terin9, or by urging the
acceptance in their full extant, of the mutually
beneficial provisions of our navigation nets.
He has also been instructed to make a further
appeal to tho justice of Spain in behalf of our
citizens, for iiulcmuity for spoliations upon
our commerce, committed umior her authori
ty—an appeal which tho pacific and liberal
course observed on our part, ami a due confi*
deuce in tho honor of that government, author
ize us to expect wiU not be made iuvuin.
Witli other European Powers, pur inter
course is on the most friendly footing. In
Russia, placed by her territorial limits, exten
sive population, and great power, high in the
rank of the mil ions, the United Staten have
always found a stead fast friend. Although
her recent invasion of Turkey awakened a
lively sympathy for those who were exposed
to the desolations of war, we cannot but an
ticipate that the result will prove favorable to
the cause of civilization, and to the progress
of human happiness. Tho treaty of peace be
tween these Powers having been ratified, wo
cannot ho insensible to tho great benefit to be
derived to the commerce of tho U. S. from un
locking tho navigation pf the Black Sca-a freo
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 Pow
ers ofF.urope.has hitherto been withheld from
us. During tin* past summer, an antecedent,
but unsuccessfull uttempt to obtain it, was re
newed, under circumstances which promised
tho most favorable results.’ Although these
results have fortunately been tints in part at
tained, further facilities to tho enjoyment of
this now field for the enterprise of our citizens
are in my opinion sufficiently desirable to en
sure to them our most zealous attention.
Our trade with Austria, although of second
ary importance 1ms been gradually increasing,
and is pew so extended, as to deserve the fos
tering euro of the Government. A no satia
tion, commenced and nearly completed with
that Power, by tho luto Administration, has
been consummated by a treaty of amity, nav
igation, and commerce, which will belaid be
fore tho Senate.
During the recces of Congress, our diplo
matic relations with Portugal have been re
sumed. Tho pcculinr state of things in that
country caused a suspension of tho recogni
tion oi'tho Representative who presented him
self, until an opportunity was had to obtain
from our official organ there, information re
garding the actual, and ns far as practicable,
prospective condition of tho authority by
which tho representative in question was ap
pointed. This information being received,
the application of the established rule of onr
Government, in like cocs was no longer with-
hold.
Considerable advances have been madu,
diirpigthe present year, in tho adjustment of
claims of our citizens upon Denmark for spol
iations ; but. all that wo have a right to de
mand from that Govornmont, in their behalf,
has not been conccdod. From tho libeml
footing, however, upon which the subject has,
witli the approbation of tho claimants, boon
placed by the government, together with
tho uniformly just and friendly disposi
tion which has been evinced by his Danish
Majesty, there is a reasonable ground to hope
that this single subject of difference willspccd-
i!y he removed.
Onr relations with the Barbarv powers conti
nue, us they have hmgbeen, of the most favor
able character. The policy of keeping an ad
equate force in tho Mediterranean, us security
for tho continuance of this tranquility, will he
perseveredin, as well r.s u similar one, for the
protection of our commerce and fisheries in
tho Pacific.
Tho Southern Republics, of our own hem
isphere, have not yet realized all tho advan
tages for which they have been so long strug
gling. We trust, however, that the day is
not distant, when tho restoration of peace and
internal quiet, under permanent systems of
government, securing the liberty, and promo
ting tho happiness ofthe citizens, will crown.
Witli complete success, their long and ardu
ous efforts in the cause of self-government,
ami enable u.i to salute them us friendly ri
vals in all that is truly great and glorious.
Tlio recent invasion of Mexico, and the ef
fect thereby produced upon her domestic puli-
ev, must have a controlling influence upon
tho grout question of South American eman
cipation. We have seen the fell spirit of civ
il dissention rebuked, and,' perhaps, for ever
stifled in that republic, by the love.of inde
pendence. If it ho true, as appearances
strongly indicate, that tho spirit of Indepen
dence is the master spirit, and if a correspond
ing sentiment prevails in the other States,
this devotion to liberty cannot be without a
proper effect upon tho councils ofthe mother
country. Tho adoption, by Spain, of pacific
policy towards her former Colonies, an event
consolingto humanity, amt a blessing to the
world, in which shu herself cannot fail large
ly to participate—may be most reasonably
expected.
fhu claims of our citizens upon the South
American Governments, generally, tire in a
train of .settlement; while the principal pari
oft hose upon Brazil have been adjusted, and
a Decree m Council, ordering bonds to be is
sued by the Minister ofthe Treasury for their
amount, has received the sanction of his Im
perial Majesty. This event, together with
the exchange* ofthe ratifications ofthe Trea
ty negotiated and concluded in 1828, happily
terminates all serious causes oi* difference'
with that Power.
Measures have boon taken to place our
commercial relations with Peru upon a better
footingthan upon which they have hitherto
rested; and if mot by a proper disposition on
the part of that Government, important bone-
fits inn.v bo secured to both countries.
Deeply interested nn we are in tho prosper
ity of our sister Republics, and more particu
larly in that of our immediate . neighbor, it
would h« most gratifying to mo, were 1 permit
ted to say that that the trenliiinnt which wo
have received at her hands lias been as uni
versally friendly us tho onrly and constant
solicitude manifested by tho United States
for her success, givo us a right to expect.—
But it becomes my duty to inform you that
prejudices, long indulged by a portion of tho
inhabitants of Mexico against tho Envoy Ex
traordinary Plenipotentiary ofthe United
States, have had an unfortunate influence up
on tho affairs of the two countries, anddiave
diminished that usefulness to lus own which
was justly to bo expected from his talents and
zeal. To this cause, in- a great degree, is to
ho imputed the failure of several measures e-
qually interesting to both parties ; but partic
ularly that of tho Mexican Govornmont to atiofl, wliother tlio efficiency of tho Govern-
i —-* *- J ment would not.be prompted and official in
dustry and integrity bettei' secured, by a gen
eral extension ofthe law which limits ap-
ratify a treaty. negotiated and conclud
ed in its own Capital and under its own
eyo. Under tli030 circumstances, it, ap
peared expedient to givo Mr. PoinBc f ttjptlie
option cither to return or not, as, in 111* judg
ment, the interests of tho eoiintry might re
quire, and instructions to that end were pro-
pared ; but before they could bo despatched,
a communication W03 received fVom the Go
vernment of Mexico, through its Charge d*-
Aftairoa here, requesting the recall ot 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 towards that republic has been uni
formly of tho most friondly character, und hav
ing thus removed the only alleged obstacle to
harmonious intercourse, I cannot but hope
that an advantageous change will occur in
our aflairs.
In justice to Mr. IVmsott, it is proper to
soy, that my immediate compliance with thq
application for his recall, and tlio appointment
of a successor, are not to bo ascribed to any
evidonco that tho imputation of an improper
interference by him in tho local politics of
Mexico was well founded ; nor to a want of
confidence in his talents or integrity ; and
to add, that tho truth of that charge lias ne
ver been affirmed by tho federal government
of Mexico, in itH communication with this.
1 consider it one ofthe most urgent of my
duties, to bring to your attention tho proprie
ty of amending that part of our constitution
which relates to tho election ofPresidsnt and
Vico President. Our system of government
was, by its framers, deemed an experiment;
and they therefore, consistently provided a
mode of remedying its defects.
Totho people belongs the right of electing
their Chief Magistrate ; it was never design
ed, that their choice should, in any case, bo
defeated, cither hv tlio intervention of docto
ral colleges nr by tlio agency confided, under
certain contingencies, to the House of Repre
sentatives. ' Experience proves, that, in pro
portion as agents to execute the will of tlio
people arc multiplied, there is danger of their
wishes being frustrated. Some may bo un
faithful ; nil are liable to error. So lar there
fore as tho people can, with convenience,
speak, it is savor for them to express their
own will.
Tho number of aspirants to the Presiden
cy, anil tho diversity of tho interests which
may influcnco their claims leave little reason
to expect a choi.- j in the first instance; and,
in that event, tho election must devolve on
tlio House of Representatives, where, it is
Obvious, the will ofthe People may not bo al
ways ascertained, or, if ascertained,.may not
ho regarded. From tho mode of voting by
States, tho choice is to bo made by twenty-
four votes; and it may often occur, that one
of these may be controlled by nn^ individual
Representative. Ilopors anu. offices are at.
tlio disposal of tho successful candidate. .Re
peated bttllotings may make it apparent that
a singlo individual holds tho cast in his hand.
May lie not ho tempted to name his reward 1
But even without corruption—supposing the
probity of the Representative to bo proof u-
guinst tlio powerful motives- by which lie may
ho assailed—the will of tho People is still
pointmonts to four years,
In a country where offices aro created
sololy for the benefit of the People, no one
man has any more intrinsic right to official
station, tliap another. Offices were not es
tablished to givo support to particular men at
the public expense. No individual wrong is
therefore dono by removal, since neither ap
pointment to, nor continuanco in office, is
matter of right. Tho incumbent hccame an
ollicer with a view to public benefits; and
.when these require his removal, they aro not
to bo sacrificed to private interests. It is tho
People, and they alone, who have a right to
conplain, when it lmd officer is substituted for
n good one. llo who is removed, has the
same moans of obtaining a living that are en
joyed by tho millions who never hold office.-—
Tho pre
constantly liable to bo misrepresented. One
may err from ignorance of the wishes of his
another, from a conviction that
may
constituents,
it is his duty to be governed by his own jud^,
ment of tho fitness of the candidates* finally,
although all worn inflexibly honest—all accu
rately informed of the wishes of- their con
stituents—yet, under tho present mode of
election, a minority may often elect the Pres
ident; und;when this happens, it may reason
ably bo expected lh.it efforts will bo made on
the part of tho majority to rectify this injuri
ous operation of the.r institutions. Bit al
though no bvil of this character should result
from such a perversion ofthe first principle of
our system—that the majority is to govern—
it must ho very curtain that a President elect
ed by si minority cannot enjoy the confidence
liociisjury to the successful discharge of his
duties.
In this, ns in all otlier matters of public
concern, policy requires that as few impedi
ments us 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 bo confer
red upon any citizen, but in pursuance of a
fair expression ofthe will ofthe majority.
I would therefore recommend such an a-
mnnilmcnt of tho Constitution, as may remove
nil intermediate ngoney in the election of
President and Vico President. The mode
each
clec-
mav be so regulated ds to preserve to
State its present relative weight in the
tion ; nud a failure in the first attempt may
Im provided for, by confining the second to a
choice between the two highest candidates.
In connexion with such nu 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 ho adopted, it is worthy of consideration
whether a provision disqualifying for office
the Representatives in Congress on whom
such nu election limy have devolved, would
not he proper.
While members of Congress can beconsti<
tutionally appointed to offices of trust and pro
fit, it will ho the practice, ovemmder the most
conscientious adherence to duly, to select
them lor such stations as they aro believed to
ho better qualified to fill than other citizens ;
hut tha'purity of our Government would doubt
less bo promoted by their exclusion from all
appointments in tho gift of the President in
whoso election they may have been officially
concerned. The nature ofthe judicial office,
and tlio necessity of security in tho Cabinet
and in diplomatic stations oft lie highest rank,
tho best, talents and political experience,
should, perhaps, except those from the exclu
sion.
There nro perhaps few men who can, for
tiny great length of time, enjoy ollicc and pow
er, wit hout being more or less under the in-
finance of feeling unfavorable to a faithful dis
charge of their public duties. Their integri
ty may bo proof against improper considera
tions immediately addressed to themselves
but they aro apt to acquire a habit of looking
with indiifercnco upon the public interests,
anil of tolerating conduct from which an un
practised man would revolt. Office is consi
dered as a species of property ; and govern
ment, rather as a means of promoting indivi
dual interests, than as an instrument created
solely for tho servico ofthe People. Corrup
tion in soino, and, in others, a perversion of
correct feelings and principles divert’Govern
ment from its legitimate ends, and make it an
engine for tho support ofthe few at tlio ox-
pnjicu of tho many. Tho duties of all public
officers are, or, at feast, admit ofboing made,
so plain and simple, that men of intelligence
may readily qualify themselves for their per
formance ; and I cannot but bclievo that more
is lost by the long continuance of men in office
thuu is generally to bo gained by their expe
rience. I submit, t herctvro, to your cpimdcr-
..... proposed limitation would destroy the
idea of property now so generally connected
with official station; und although individual
distress may be sometimes produced, it would
by promoting that rotation which constitutes
a leading principle in tho republican creed,
givo healthflil action to the system.
No very consieerablo change lias occurred,
during tho recess of Congress, in tho condi
tion of either* our Agriculture, Commerce, oi
Manufactures. The operation ofthe Tariff
lias nut proved so injurious to tho two former,
nor as beneficial to the latter, as was anticipa
ted. Importations of foreign goods havo not
been sensibly, diminished ; while domestic
competition, under an illusive excitement, has
increased tho production much beyond tho
demand for homo consumption. Tlio conse
quences have been low prices, temporary em
barrassments, auil partial loss. That such of
our manufacturing establishments as aro ba
sed upon capital, und arc prudently managed,
will survive tho shock, and be ultimately pro.
fitahlo, there is no good reason to doubt.
To regulate its conduct, so as to promote
equally ilio prosperity of those throe cardi
nal interests, is one of tho most difficult tasks
of Government; and it may bo regretted tliat
the complicated restrictions which now em
barrass tho intercourse of nations, could not
by common consent bo abolished, and com
merce allowed to flow in those channels to
which individual enterprise—always its surest
guide—might direct it. But wo must ever
expect selfish legislation in other nations, and
nro therefore compelled to adapt our own to
their regulations, m the manner best calcula
ted to avoid serious injury, and to harmonize
the conflicting .*Merests of cur agriculture,
our commerce, and our manufactures. Under
these impressions, I invito your attention to
tho existing Taritf, believing that some of its
provisions require mollification.
Tho general rule to bo applied in gradua
ting the duties upon articles of foreign growth
or manufacture, is tliat which will place our
own iri fair competition witli those of other
countries ; and the inducements to advance
oven a step beyond this point, uro controlling
in regard to those articles which aro of prima
ry necessity in time of war. When wo reflect
upon the difficulty anil delicacy of this oper
ation, it is important that it should never ho
attempted hut with tho utmost caution. Fre
quent. legislation in regard to any branch of
industry, affecting its value, anil by which its
capital may be transferred to new channels,
must always bo productive of hazardous spc.
culution am) loss.*
In deliberating,therefore, on these interest
ing subjects, local feelings anil prejudices
should he merged in the patriotic determina
tion to promote tho great interest on tlio
whole, A!! attempts to connect them with the
party conflicts of tho day, are nrvcssurily in
jurious, and should ho discountenanced. Our
action upon them should bo under the con
trols of higher and purer motives. Legisla
tion subjected to such influences, can never
be just, and will not long retain tho sanction
a People, whose activo patriotism is notboun-
do:l by sectional limits, nor insonsiblo to that
spirit of concession anil forbearance, which
gave life to our political compact, und still
sustains it. Discarding nil calculations of
political ascendancy, tho North, the South,
the East, and tho West, should unite in di
minishing any burthen, of which cither 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 scarcoly necessary to invite your
particular attention. It is principally as ma
nufactures and commerce tend to increase
tho value of agricultural productions, and to
extend their application to the wants and
comforts of society, that they deserve the
fostering cure of Government.
Looking forward to the period, not far dis
tant, when a sinking fund will no longer be
required, tlio duties on those articles of im
portation which cannot come in competition
with our own productions, aro the first that
wes*dk.m tho money market, might caUso
much injury to tho interests dependent on
bank accommodations, but this ovil was whol
ly averted by an early anticipation of it at the
Treasury, aided by t he judicious arrangement
ofthe officers ofthe Bank of tho U. States.
This state of tho finances oxhibit thb re
sources ofthe nation in an aspect highly flat
tering to its industry, and auspicous of the abi
lity of Government, in a very short time, to
extinguish the public debt. When this shall
be done, our population will be rolioved from
a considerable portion of its presont burthens;
and will givo, not only now motives to patri
ot affection, but. additional means for tho dis
play of individual enterprise. Tlio fiscal
power of tho States will also be cncreusod,
arid may be more extensively exerted in fa
vor of education and other public objects;
while tlio ample means will remain m the
Federal Government to promote tlio general
weal, in ail tho modes permitted to its au
thority. ,
After tho extinction of tlio public debt, it is
not probablo that any adjustment of tho Tariff
upon principles satisfactory to the People of
tho Union, will, until a remote period, if over,
leave the Government without a considerable
surplus in the Treasury, beyond what may
bo required for its current services. As then
the period approaches when tho applications
ofthe revenue totho pay ment of debt will
ceuse, the disposition of tho surplus, will pro-
should engage the attention of Congress in
the modification of the tariff. Of these, tea
and coffee arc tho most prominent; they en
ter largely into the consumption ofthe coun
try, mid have become articles of necessity to
all classes. A reduction, therefore, ofthe
existing duties, will bo felt as a common be
nefit ; but, like all other legislation connected
with commerce, to bo efficacious, and not in
jurious, it should bo gradual und certain.
The public prosperity is evinced in the in
creased revenue arising from tlio sales ofthe
public lauds, and in the steady maintenance
of that produced by imposts und tonnage,
notwithstanding tho additional dutioH imposed
by the act of 19th May, 1828, and tho unu
sual importations in the curly purt of that
year.
The balance in tho Trcnsuiy on the 1st of
January, 1829, wvb five millions nine hundred
und seventy-two thousand four hundred and
thirty-five dollars and eighty-one cents- The
receipts of tho current year are estimated ut
twenty-four millions six hundred and two
thousand two hundred and thirty dollars; and
tho expenditures for the same tune at twenty
six millions one hundred nnd sixty-four thou
sand five hundred and nmoty-fivc dollars •
leaving a balance in the Treasury on the 1st
of January next, offuur millions fourhundred
and ten thousund and seventy dollars and
eighty-one cents.
There will havo boon paid on account of
the public dobt, during the present year, the
sum of twolvo millions four hundred and five
thousand and fivo dollars and eighty coats •
reducing tho wliolo dobt of tho Government!
on the 1st of January next, to forty-eight
millions five hundred and sixty-five thousand
four hundred &. six dells.*. 60 cents,including
sovon millions of fivo per cent, stock .subscrib
ed to tho Bank .ofthe United Slatea. The
payment on account ofthe public debt, made
on tho 1st of July lost, was eight millions se
ven hundred and fifteen thousand four hun
dred and sixty-two dollars and eighty-seven
cents- It was apprehended that tlio sudden
withdrawal ol so large sum from tho banks in
which it was deposited at a lime of unqsuul
sent a subject for the serious deliberation of
Congress; and it may lie fortunate for the
country that it is yet to bo decided. Consi
dered in connexion with tlio difficulties which
have heretofore attended appropriations for
purposes of* internal improvement, and with
those which this experience tells us willcor-
tainly arise whenever power over such subjects
maybe exercised by the Gen’l Government, it
is lioped that is may lend to the adoption of
some plan which will reconcile the diversified
interests of tho States, and strengthen the
bonds which uuito them. Every inoinbor of
tlio Union, in peace and in war, will bo bene
fited by the improvement of inland navigation
and the construction of highways in tho seve
ral States. Let us then ondutivor to attain
this benefit in a mode which will bn satisfac
tory to all. That hitherto adopted has, by
many of o;ir follow citizens, been deprecated
as an infraction of .the Constitution, while by
others it has been viewed us an expedient.—
All fool tliiit it has been employed at tho ex
pense of harmony in the legislative councils.
To avoid those evils, it appears to me that
the most safe, just, arid federal disposition
which could bo made ofthe surplus revenue,
would be its apportionment among tlio sove*
ral States according to thoir ratio of repre*
sCntation ; and should tills . measure not he
found warranted by tlio Constitution, that it
would he expedient to.proposo to the states an
amendment authorising it. I regard nn up-
peal to the source of power, in cases of ronl
doubt, and where its exercise is deemed indis
pensable, to the general welfare," as among
the most sacred of all our obligations. Upon
tliis country, more than nny other, lias, in the
providence of God, boon cast tho special
guardianship of tlio great prineinlo of adhor-
onco to written constitutions, if it fail hero,
all hope in regard to it will ho extinguished.
That this was intended to ho a government
of limited anil specific, ami not general pow
ers, must bo admitted by all, and it is urn* duty
to preserve for it the character intended by
its framers. If experience points out the no*
cessity for an enlargement of those powers,
let us apply for it to those for whose benefit
it is to no exercised ; und not undermine tho
whole system by a resort to overstrained
cons*.ructions. Tho scheme lias worked well;
it has exceeded the hopes of those who de
vised it., and become un object of admiration
to tip world. Wo aro responsible to our
country, und to tho glorious cause of sell-go.
vermnent, for tho preservation of so great a
good. The great mass of legislation relating
to our internal affairs, was intended to bo left
wiiero tlio Federal Constitution found it—in
the State Governments. Nothing is clearer
in my vie.w, than that we arc chiefly indchtcc
for tho success of the Constitution wilder
which we uro now acting, to the watchful and
auxiliary operation of tho State authorities.
This is not the reflection of a day, but belongs
to the most deeply rooted convictions of my
mind. I cannot, therefore, too strongly or
too earnestly, from my own sense of its im
portance, warn you against all encroach
ments upon tho legitimate sphere of State
sovereignty. Sustained by its healthful und
invigorating influence, the Federu! system
cun never fall.
In the collection ofthe revenue,the long cre
dits authorized on goods imported from beyond
the (’ape of Good Hope, arc the elicit* cause
of the losses ut present sustained. If these
were shortened to six.ninc and twelve months,
and warehouses provided by government suf
ficient to receive the goods offered in depositc
for security and dcb6nture; and if tho right
of tlio United States to a priority of payment
out of the estates of its insolvent debtors were
more effectually secured, this ovil would, in a
great measure, bo obviated. An authority to
construct such houses, is, therefore, with the
proposed alteration ofthe crc(Iits,rccoinmend-
cd to your attcuticm.
It is worthy of notice, that the laws for the
collection and security ot tho roventio arising
from imports were chiefly framed when tlio
rates of duties on imported goods presented
much loss temptation for illicit trade than at
present exists. There is rcuson to believe,
tliat these laws arc in somo respect quite in
sufficient for tho propor security of tho rev
enue, and the protection of tho interests of
those who uro disposed to obsorvo them.—
The injurious and demoralizing tendency of a
successful system of smuggling, is so obvious
as not to require comment, and cannot bo too
carefully guarded aguinst. I therefore sug
gest to Congress the propriety of adopting
efficient measures to prevent this evil; avoid
ing, however, as much ns possible, every un
necessary infringement of individual liberty,
and embarrassment of fair and lawful business.
On an examination of tho records of the
Treasury, I have been forcibly, struck with
tlio large amount of public money which ap
pears to be outstanding. Of the sum thus
duo from individuals to the government, a
considerable portion is no doubt desperate,
und in many instances, hns probably been
rendered so by tho remissness of the agents
charged with its collection. By proper ex
ertions, a grout part, however, may yet bo
recovered, and whatever may bo the por
tions respectively belonging to these two
classes, it behooves tho Govornmont to
ascertain tho real state of tho fact.--—
This cart bo done only by tho prompt adop-
tion of judicious ineusures for tho collection
ot such ob may be made available. It is be
hoved that a very largo amount hns been lost
through the inadequacy °f the means provid
ed for tho collection of debts duo to the pub
lic, and that this inadequaev lies chiefly in tho
want ol legal ski)); habitually mid constantly
employed in the direction of tlio agents
egnged 141 the service. It must, I think, be
admitted* that the supervisory, poker m.r
suits brought by the .public, k which js now
vested in aft accounting officer of theTrcu.
Ht*ry, not selected with a view to his legal
knowledge, and encumbered us he is witli ii U<
inorous other duties, operates unfavorably to
the public iuterest.
It is important that this branch of the'pub.
lie service should be subjected to’the supervi.
sion of such professional skill os will *givc 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
tho Treasury, so far as they reluto to the eu.
perintendencG and management of legal pn.
ceedings on ths part ofthe Uuited States, be
transferred to the Attorney Gcnornl, and that
this officer be placed on the suinc footing, in
all respects, as the heads of tho other De-
lartmonts—receiving like compensation, and
laving such subordinate officers provided for
his Department, as may bo requisite for the
discliur^o of these additional duties, Th 0
professional skill of the Attorney General,
employed in directing tho conduct of Mar.
shulsand District Attorneys, would hasten
the collection of debts now in Suit, and hpre.
after, save much to the government. It might
bo further extended to the superintendence of
nil criminal proceedings for offences against
tho United stutes. In making this transfer,
great care should betaken, however, that the
power necessary to the Treasury Depart,
incut be not impaired ; one of its greatest se.
curitics consisting in a control over all ac
counts, until they arc audited or reported for
suit.
In connexion with the foregoing views I
would suggest, also, on inquiry, whether the
provisions ofthe act of Congress, autliorizinif
the discharge of tho pbrsons of debtors to the
Government, from imprisonment, may not
consistently with the public interest, be ex!
tended to the release of thc.dcbt, where the
conduct of the debtor is wholly exempt from
tlio imputation of fraud. Some more liberal
policy than that which now prevails, in refer,
once to this unfortunate class of citizens a
cortainly due to thorn, and would prove bene,
iicial to the country. Tho continuance ofthe
liability, after the means to discharge it have
been exhausted, can only serve to dispirit the
debtor; or, where his resources are bin par.
tittl. tho want of power in the Government to
compromise and release the demand, insti.
£atos to fraud, as the only resource for soar,
mg a support to his family. Ho thus sinks
into a state of apathy, and becomes a usclw#
drone in society, or a vicious member of it, if
not a feeling tvitness.of the ofthe rigor and
inhumanity of his country. All experience
proves, that oppressive debt is the Imnc of
enterprize ; and it shoiUil be the care of a Re.
public not to exert a grinding power over mis.
fortune and poverty.
Siucc the lost session of Congress, numer*
ous frauds on the Treasury have been riiscov.
orod, which I thought it my duty to bring un.
«cr tlio cognizance of the United States'
Court for this district, by a criminal prosecu-
tion. It was my • opinion, and that of able
counsel who were consulted, that tlio cusps
came within tho penalties of the act of the
nth Congress, approved 3d Mnrcb, 1022,
providing for the nuuisliwent of frauds com-
mitlcd on the Government of tlio United
fetates. Either from some defect in tho lav
or in its administration, every effort to bring
tho licensed to i tint, mului its provisionsprov.
cd ineffectual; and tho government was dr.',
von to tho necessity of resorting to the va«w
and inadequate provisions of the commoi
law. It is therefore my duty to call your a*.,
tont'.on to tho laws which have been passed
for the protection ofthe Treasury. If, in*
deed, there be no provision by which those
who may bo unworthily entrusted witli the
guardianship, can he punished for the most
flagrant violation of duty, extending wen h
tho most fraudulent appropriation of the pub*
lie fuuds to their own use, it is time to rem..
dy so dangerous an omission. Or, if the lav
bus been perverted from its original pur|m?,
and criminals, deserving to be punished un
der its provisions; lmvc been rescued by legal
subtleties, it ought to be made so plain, by
amendatory provisions, as to baffle the ow
of perversion, and accomplish tho ends ofto
original enactment.
Ill ono ofthe most flagrant cases, the court,
decided that the prosecution was barred W
tho statute which limits prosecution for fraud
to two years. In this case all the cvidencii
of fraud, and indeed all knowledge tilt
fraud had been committed, were in p«*
session of the party accused, until ufier Ac
two years had olupscd. Surely the 6taMe
ought not to run in favor of any muu while
lie retains all the evidences of his crime in
his own possession; and, least of nil, ink*
.vor of a public officer who continues to ic-
fraud tho Treasury and conceal the tntitf*
tion for the brief term of two years. 1 would
therefore recommend such an alteration (f
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 commenee their prosecution.
In connexion with this subject, I invite the
attention of Congress to a general and minute
inquiry into tho condition of the Government,
with-a view to ascertain what offices can be
dispensed with, wliut expenses retrenched,
ami what improvements may bo made in the
organization of its various’ parts, to secure
tho propor responsibility of public ngcu^
and promote efficiency and justice in all is
operations.
Tlio report of the Secretary of War, will
make you acquainted .with the conditionft*
our Army, Fortifications, Arsenals and Indian
Affairs. The proper discipline of the .Army,
the training and equipment ofthe Militia, it*
education bestowed at West Point, and tie
accumulation of the means of defence, appli
cable to tho Naval Force, will tend to |'W*
long the peace which we now enjoy & w!iid»
every good citizen-more especially’ those who
have felt the miseries of even u successful
warfare—must ardently desire to perpetuate.
The returns from the subordinate bmneliw
of this service, exhibit a regularity and order
highly creditable to its character*: both on
cers auk soldiers seem imbued with a pro?<‘ r
sense of duty, and conform to the restrain'*
of exact discipline, with that chcerfulm**
which becomes the profession of arms.-*
There is need, however, of further legislation
to obviate the inconveniences specified in tlip
report under consideration: to some of which
it is proper that 1- should call your particular
attention.
The act of Congress of the 2d March, lt>*»
to reduce and fix tlio military establishment»
remaining, unexecuted os regards ilio com
mand of ohe of tlte regiments of artillery^
cannot now be. deemed a guido to the Kxe c *
utivo in making the propor appointment* A”
explanatory act, designating the class of
ccrs out of which this grade is to Ini filled"
whether from \he military lii»t, ns existmS
prior to the act ^f lSHt, or* from it, as it h™
hren fixed hv that net—^would rfww^’ ' ,lIJ