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®a©&©8A8G* fVII<•11*11^110 OK TJlIi »*A*V0 OK THU UNION. hvii.v I’.vi'HH, ; 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