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n faithful observance, In the manijeWj*gvtrforego
i elation*, ofthe practice of •peakin|pUMy,dB«lin|
justly, and requiring truth ami justice in mamjit Jha
he»t mnaereadee# of the peace of natione, a »lw» Im
partiality in our manifestations of friendship,
commercial privilege* we concede, and "?, r *
quire from oiherai ilieae, accompanied lay ■ disposition
m prompt lo maintain, in every emergency, our own
rights, a* we me from principle averae to the invasion
nVliioae or other*, have give., to our country and Oov
criiment a atnnding in the great family of nation* of
which we have just eause to be proud, ami the ad van-
ugeaof which are experienced hy our citiaens through
out every portion of the earth to winch their enterpris
ing end adveniumua spirit may carry them. Few.ir
aqy,remain inaenaihle to the value of our friendship,
or ignorant of the term* on which it can be acquired,
ana by which U elone can be preserved.
A eerie# of question* of long Handing, dilunult in
their adjustment, end important in their consequences
in whicntha riglita of our cititena and tl.e honor olthe
country were deeply involved, have, in tl.e course of a
fewyeara, (the moat of them during the successful ad
miuutration of my Immediate predeceainr.) been bro t
to a satisfactory ronrluaion; and Uie moat important or
thote remaining are, 1 am happy to believe, in a fair
way of being apeedily and aatiaiactorUy adjusted.
With all the Powera of the world our relation# are
tho*e of honorable peace. Bince your adjournment,
nothing acrioua haa occurred to interrupt or threaten
this desir ble harmony. Ifclouda have lowered above
the oilier hemisphere, they have not cast their pnrten
toua shadows upon our huppy shores Bound hy mi
entangling alliances, yet linked by a common nature
and interest with the other nations of mankind, our
aspirations are for the preaeirallnn of peace, in whose
solid and civilising triumphs all may participate with
a generous emulation. Yet it behooves us to he pro
pared for any event! and to be always ready to main
tain llioM just and enlightened principles n| natural in
tercourse. for which till* Government lias ever con-
tended. In the »hock of contending empire*, it iaonly
by assuming a reinlute beariog, and clothingtliemaelvee
with defensive armor, that neutral nation* can maintain
their Independent right*. . , ,
The excit-ment which grew nut of the territorial
eontroveray between the United State* and Great
tain having in a great mrasure subsided, it i* hoped
that a favorable period is approaching for iu final aef
tlement. Both Governments tnuat now be convinced
nfihe dangers with which the qurstinn ia fraugltt; and
it muat bo tlieir dealre, ai ii ia their interest, that this
perpetual cause of irritation should be removed as
apeedily as practical, 'e. In my Iae» annual mes’sue
you were infant ed that the proposition fora commit-
aion ofesplortllnn *nd aurvey promised by Great Bri
tain had been received, and that a counter project, in
cluding al*o a provialon for the certain and final adjust
menl of the limit* In dispute, wa* then before the llri
tiib Government for its coniiderelion. The answer of
that Government, eccompanied by additional propoai-
tiott* oflu own, waa recaIved. through its minister
here, since onr separalion. 'fheae were promptly con
■idered) auch as weredeamed corratlin principle,nnd
coniistent with a due regard to the just rights ro ute u.
Btaiel aod of the State of Maine, concurred intend
the reasons for diaienting from tha residue, with an
additional auggeitlon on nur part, communicated hy
the Secretary of State to Mr. Fox. That mlniatcr.not
ferling himself sufficiently Instructed upon *nme of the
points r*i»ed In the dlKUisinn, felt it to lie III* duty to
refer the m*Uer to hi* own Government fur iu further
decision. Having now been for aomo lime tinder It*
advisement,* speedy answer may he confidently e«|>eci
ad. From Uie character of the points still in difference
and the undoubted diapoaltlon of both parties to bring
the matter to an early conclusion. I look with entire
confidence to a prompt and satisfactory termination of
the negoclatlon. Tlireecommlaalmrer* were appoint
ed aliortly tiler the adjournment of Congress under the
act of the last session providing for the exploration and
aurvey or the line which aeparatea the State# of Maine
and New Hampshire from the British Provinces* they
have been actively emplnyad until their progreai was
intarrupted by Uie Inclemency of the action, and will
resume their labor* as toon aa practicable in the en-
euingyear.
It i* understood lliat their respective examination*
will throw new light upon Ihe subject In controversy,
and aerve u> remove eiiy erroneoua impreaaiona which
may htva been mad# elsewhere, prejudicial lo the
rignuof the United Bitiei. It waa among other rea
son#, with a view of preventing the embarrassment*
which In our peculiar system nt government, impede
and complicate negotiation* involving the territorial
rights of a Bute, Uial I thought it my duty, aa you have
hierf informed on a previou* occasion, to propose to
the British Government, through iu Minuter at Wash
ington Uist aarly sups should be uken to adjust the
points of difference on the line of boundary, from the
entrance of Lake Superior to Uie most North westei n
point orthe Lake nr the Wood*, by Uie arbitration or a
friendly power, in conformity with the seventh article
of the treaty ofGhenl. No answer haa yet been re
lumed by the British Government to this proposition.
With Austria, France, Prussia, Russia and the re
maining powera of Europe, I tin happy lo inform you
dur relation* continue to oe of iho mo.t friendly clinr-
acter. With Belgium, a treaty of commerce and navi
gallon,based upon liberal principles of reciprocity and
equality, waa concluded in March last, and hiving
been ratified by the Belgian Government, will he duly
laid before the Senate. It ia a aubjectofcongratulation
that it provide* for the satisfactory adjustment of a
long aunding question of controversy! thus removing
the only obstacle which could obstruct the friendly and
mutually advantageous intercourse between t ie two
naUons. A messenger has been despatched with the
Hanoverian treaty to Berlin, where, according to stipu
lation, the ratifications are to be exchanged. I am lisp
py t» announce toyou lliat, after many delays ami dim
cullies, a treaty of commerce and navigation, botween
tbo United State* and Portugal, was couclu led and
alined at Lisbon, on the Sflth of August last, by the
Plenipotentiaries of the two Governments. Its stipu
lations are founded upon those principles of mutual
liberality and advantage which the United States have
always sought lo mike the basis of their intercourse
with foreign powers, and it is hoped they will tend to
foster and strengthen the commercial intercourse of the
two countries.
Under the eppronriatinns or the last session of Con
gress, an agont haa been sent lo Germany for the pur
pose of promoting the interest of our tobarco trsde.
The commissioners appointed under the convention
for the adjuitmant of claims of citiaens of the Uni
led Stales upon Mexico, having met and organised at
Washington in August last, the paper* in ilie possession
of the Government, relating to tint e claims, were com
municstedto the Board, 'ihe claims not embraced
hy that convention are now the subject of negotiation
Iwtween the two Governments, through the medium
of our Minister at Mexico.
Nothing lias occurred to disturb the harmony of our
relit'mQs with the Governments of South America. I
regret, however, to be obliged to inform you that the
claims of ourcititens upon the late Republic of Colum
his. have not yet been satisfied hy the separate Gov
ernments into which it has been resolved.
The charge d'affaires of Bratil having expressed the
intomion of ni* Government not to prolong the treaty
aggravated by kl aeaarraaaa, Iff ft**' •**•*
anaviilslde the principal pert of tha p*MU money lima
aa hand | suspended Use coUmUm of many mill law#
•orruing mi mertka**' bondsi end greatly reduced
the lawnuft tilting fhom customs and tha publie lands.
These effect# have continued to operate, iu varleaa da
frees. la lh« present period» end, in addition to tbo
decrrita in the tevanue thus produced, two and a half
million* of duties have bean relinquished by two binn
nial reduction# undur the act of IW, and probably ••
muck more upon the isnpoetatiou of Iran for rail nmdl,
by special legislation.
Whilst such hat been our roodltlou fir tha last four
years in relation to revenue, we bare, during the same
period, been subsetted to an unavoidableeontineanre
°f IN®, it will cease in be obligatory upon either party
on tlie 18th day of December. 1841, when the exten
aire commercial intercom-*# between the United Mutes
and that vail empire, will no longer be regulated by
express stipulations.
It afford* me pleasure to communicate to yon that
the Government of Chili hat entered into an agree
ment to indemnify the claimant* in iherare of the Ms
redonian. for Amaripan pr,i,n-r* r aciccil In liriPj and
to add, that information hat alto been received which
justifies the hope of an early adjustment of tha remain
mg claims upon that Government.
The commissioner* appointed in pursuance of tire
convention between tlie United States ami Texaa, for
marking lire boundary between them, have, according
to Uie last report received from our commissioner.sur
veyed and eaublislmd the whole extent of the boun
dary north along iho Western hank of the Sahine riv-
or. from its entranoo into the Gulf of Mexico to the
tlie thirty second degree of North latitude. The com
mission adjourned on the 16th June last, to reassemble
ou the 1st of November, for the purpose of establish
Ing accurately the intersection of tue thirty second dc
grte of latitude with the western bank of the Sabine
and meridian line thence to ilia Red River. It ia pte
•utned dial the work will be concluded in the present
nut or past transactions, and wldeh could not be imme
diatoly arrested without great prejudice to Uie publia
interest. Of these, llie charge upon the Treasury, in
consequence of the Cherokee treaty alone, without ad
verting to oUier* arising out of Indian treaties, lias al
Ieady exceeded live million* of doller*t that for Ute
prosecution of measure* for the removal of Uie Semi
nole Indiana which were found in progtest, hat been
nearly fourteen million*, and tlie public buildings have
reouin-d the unusual sum of nearly three millions.
it aflorda me, however, great plesaure in he aide to
tty, that, from the commencement of this period to the
K resent day, every demand upon the Government, at
erne nr abroad, has been promptly met. Tbit has
been done, not only wiUmut creating a permanent
debt, ora resort to additional taxation in any form, hut
in Uie mid*t of# steadily progressive reduction nfexist
ing burden* upon the people, leaving still a consider*
ble balance of available funds which will remain in tlie
Treasury at tlie end of the year. The small amount
ofTreaaury notes, not exceeding four and n half mil
lions of dollar*, still outstanding, and less hy twenty
three millions than the United Stales have in deposile
with the Slates is composed of sucli only as are not yet
due, or have not been preaeuted for payment They
may Ire redeemed out of the accruing revenue, if the
expenditures do not exceed tlie amount within which
they may, it is thought, he kept without prejudice to the
f iubllc interest, and the revenue shall prove lo be aa
arge aa may justly be anticipated.
Among (lie reflection* arising from tlie contempla
lion of these circumstances, one, not tliu least gtatifying,
. ia Uie consciouineaa that tlie Government had the tern
lutlonand ability to adhere, in every emrrgeticy. to the
aacte I obligations of law| to execute all ita contract#
according to the requirement of the constitution, and
thus to present, when moat needed, a rallying point, by
which the business of the wholo country might bo
brought back to a aafe and unvarying standard—a re
suit vital/y important as well to tlie interest as bi the
morals of the people. There can surely now be no d ir
Terence of opinion in regard lo the incalculable evil*
that would have arisen if the Government, at that criti
cel moment, had suffered iiself to be deterred from up
holding the only true standard of value, either by the
preisureofadverae rlrounisianrea or the violence of
unmerited denunciation. The manner in which Uie
people sustained the performance of this duty waa
highly honorablo to their fortitude and patriotism. It
cannot fail to stimulate their agent* lo adhere, under all
circumstance*, to the line of dutyi and to satisfy them
orthe safety with which a course really right, and do
msnded by a financial crisis, may, in a community like
oura. be pursued, however apparently severe iu imme
diale operation.
The policy of the Federal Government, in extln
guiahing as rapidly as possible the national debt, and
subsequently, in resisting every temptation to create
« new one, deserve* to be regarded in the same favor
hie light. Among iho many ol^jertinna to a national
debt, the certain tendency of public aecuritiea to con
centrate ultimately in the coffura nf foreign atockhnld
era, is one which ts every day gathering strength. Al
ready have the resources of many of the Stales, and
the future industry nf their citiaens,been indefinitely
mortgaged to the subjects of European Governmenu,
in tlie amount of twelve millions annually, to pay Uie
oonslant'y accruing intereat on borrowed money—a
■urn exceeding half iho otdinary revenues nf the whole
United State*. The pretext which this relation af-
finds to foreigners to scrutinize ihe management of
our domestic affairs, if not actually to intermeddle
with them, presents a subject for earnest attention,not
to say of sorious alarm. Fortunately, the Federal Go
verntneot, with the exception of an obligation entered
into in behalf of the District of Columbia which must
aoon be discharged, ia wholly exempt from any auch
embarrasamant. It it alio aa it believed, the only Go
vernment which, having fully and faithfully paid all
its credltnra, has also relieved tuelf entirely fiopt debt.
To maintain a distinction hi drairable, and an honors
ble to our national character, almuld lie en object of
earnest solicitude. Never should a free people, if it
be possible to avoid it, expose themselves lo the neces
city of having to treat or Ihe peace, the honor or the
safety of the Republic, with tlie Governments nf fur
eign creditor*, who however well disposed they may
be to cultivate with ua in general friendly relations,are
nevertheleas, by tlie law of their own condition, made
bualile to the auceeaa and permanency of political in-
ititutiona like oura.
Must humiliating may be ihe embarrassment*
consequent upon such a condition.—Auutherohjeo
thin, icarcely leas formidable,to the commencement
of a new debt. In its inevitable tenduncy lo increase
In magnitude, and to foster national extravagance,
lie has been an unprofitable observer of evnnts who
nurds at this day toko admonished of the dillicullic*
which • Government, h-ibltually dependent on loins
to sustain its ordinary expenditure*, bn* tocncnunler
in relisting tlie influences constantly exerted in fa
vor ofeddltlonal loin* by capitalist*, who enrich
llictmoivriby government lecuritie* for amount*
much exeredingih# money they actually advance—
a prolific source of individual aggrandisement in all
borrowing countries; by stock ho ders, who aeeit
their gains In the riia and fall of public stocks; and
by the selfish importunities of unplicanli for ep*
n riations fur work* avowedly fur iho accommo
iu of the public, but the real objects of which
are ton frequently llie advancement of private inter
estt. The known necraiity which en many of the
States will be under to impose taxra for tlie pay-
mentor the interest an tlieir debts furnishetnn add!
lionul and very cogent reason why tlm Federal Go-
r.-rnment should refrain from creating a national
debt, by which the people would be exposed to dou
bl- taxation fur a similar object.
We posses* within ourselves ample resource* for
every emergency; nnd wo may be quite sure that
ourcititens, in no future exigency, will be unwilling
to supply the Government with all the means naked
for tlie defence, of tha country. In lime of peace
there can, nt all rventa, bo no justification for the
creation nf « permanent debt by tbo Federal Govern
ment It* limited tange ofcunstiluti.inal duties may
certainly, under auch c'rcumitances, be performed
without auch a resort. It hae, it ia eeen, been avoid
ed during four year* of greater fiscal difficulties than
have rallied in a similar period since llie adoption
oi the constitution, nnd one alio remarkable for the
occurrence of extraordinary cause* expenditure*.
But to accomplish so desirable an object, two things
are indispensable: first, that the action or tha Federal
Government be kept within llie boundaries prescribed
hy iu rounder* t and, secondly, that all appropriations
for objects admitted to he constitutional, ana the ex
penditure of them also, he subjected to a stands) I nf
rigid but well considered and practical economy. The
first depends chiefly on the people themselves, the
opinions they form of the true construction of the con
stitutinn, and tlie confidence they repose in the poiiti
cal sentiment* of those they select ns their represents
tivea iu die Federal Legislature t the second rests upon
the fidelhy with which their more immediate represen
lalive* and other publio functionaries, discharge the
trusts committed to them. Tho duly of cconotntiinr
the expenses of the publie service is admitted on al
hand* ; yet there are few subjects upon which there
exists a wider difference of opinion Utan ia constantly
inanifevted in regard to the fidelity with which that
doty ia discharged. Neither diversity of sentiment,
nor even mutual recrimination*, upon a point in re
ipect to which the public mind is ao justly sensitive,
can well be entirely avoided i and least aoatperioda
o' great political excitement. An intelligent people,
howevei, seldom fail to arrive, in tlie end, al correct
conclusHins in such a matter. Practical economy in
the management or public affair* can have no ndverae
Influence to contend with more powerful than a lai
r .jrge
surplus revenue; and the unusually large appropna
tiona for 1837 may. without doubt, independently of
the extraordinary requisition* for the public service
gr -wing out of the *t»te of our Indian relations, be, in
no inconsiderable degree, traced to this *ource. The
sudden and rapid distribution of the large aurulus
then in the Treasury, and the equally audden amt un
-irecedentedly severe revulsion tn the commerce and
of the country, pointing with unerring c
of Uie
The present sound condition of tlieir finances, and
the success with which embarrassment* in regard to
them, at limes apparently insnrinounuble.hsve been
overcome, are nutter* upon which the people and Go
vernment of the United 8utes m*y well congratulate
themselves. Aa overflowing Tirotary, however it
may be regarded aa an evidence of public prosperity,
ia seldom conducive to the permanent welfare of any
peoplet end experience has demonstrated iu Incom
patibility with the salutary action of politkal instilu
lions like those of the United Stales. Our safest roll
once for financial efficacy end independence haa on the
contrary,been found to consist in ample re sou res* un
•numbered with debt t and In thla respect, the Fede
vat Government occupies a singularly fortunate and
4r «t enviable position.
yy* 1 awarad epontbe dlecherf of my official du
March, 1137, the act for the distribution of the
!!!?**•.**• ** • course of rapid esecudon.
»UMeea of doUare of tha public
PKS5SSSS
tod*
lustnessof the country, pointing ...... ....
tatnty tn a great and protracted reduction
venue, strengthened tlie propriety of the earliest urac
ttcable reduction of Ute publio cape nditurcs.
But, iu change a system operating upon so lnrgo
a surface, and applicable to such numerous and di
versified interests and objects, was more than the
work nf a day. The attention of every department
of tho Government was immediately, and in good
filth, directed to that endt and haa been so continu
ed to the present moment. The eaiimato* and ap
propriations for the year I83R (the first over which
I had control,) weie somewhat diminished. Tlie
vx|«!ndiiure* of IB-TJ were reduced six millions of
dollars. Those uf 1840, exclusive (^disbursements
for public debt, and trust claim* will probahly not
excaeti twenty two and a half million*; being between
two nnd three million* less than those of the pre
ceding year and nine or ten millions le>s than tho.e
«>f 1837. Nut has it been found necessary, in order
to produce tlii#result, to re»ort to ihepowrro nfetr
ed by Cungress, of postponing certain classes of the
publm work*, except by deferring expenditure! for
a short peiiod upon a limited portion nf them; and
whhh postponement terminated aom* lima aince.at
tha'moment the Treasury Department, by further
receipts from tbe indebted bank*, became fully asaur
ed of Ita ability to »mt them without prejudice to
the publie aervie# in other respects. Cause* are in
• brnha. ineludlng operation which will, it ie believed, justify • stUI fur
aWMtHkUUty^ba n * ll€tio *> •Wtart Jaiwylowy important na
tleeal interest. Tbe expenses of sustaining the
treep*em|d<>yed ia Flotlda, have been gradually and
greatly reduced, through the persevering effort* of
tbo War Deportment; and • reasonable bepe,mty
ba anunalneJ that the necessity for military apara
tiona in that quarter will aeon eee*a. The removal
of the Indians Irora wl bin nor settled border* Is
nan riyonmpleind, Thn pnnaioo IM, non of the bra
vinu charge# U pon thn Tinnaury, is rapidly diminish
in| by death. Thn moai cosily ef our |ioblie build
lags nre either finlalnd, or nearly an, and we may, I
think, at My premia# ourselves a couth,n-d i-xvmp
lien from border HdBcuillea.
The available balance in the Treeiury on thn 1st
of January next ie estimated at one million nnd ■
half of dollars. This sum. with lit* rapvcted re.
eelpt# from ell sources during tM next year, will it
is believed, Im tufficienlto enable the Oovernm>-ni
to meet every engagement, and leave • tuilable bal
ance in the Treasury at the end of the year, if the re
medial measures connected with llie customs end
tbe public lands, heretofore recommended, shall be
adopted, and the new appropriations of Congress
shall not carry tlie eapenditurea beyond tins offuiul
estimate!.
The new ays-em established by Congress for the
safekeup'ng of the public money, prescribing the
kind of currency to bo received for the public reve
nue, nnd providing additional guards und srcurtlei
ngrinst Inttes, has now been several month* in ope
ration. Although it might bo premature, upon an
■•xperlencniif#ucli|imiti*rt duration, to form a defi
nite opinion in regmd lo the extent of its influences
in correcting tnnny evil* undur whirl) iho Federal
Government nnd tbe country have hitherto suffered
—c#|M-riully those tlmt have grown out of banking
nxpurxi'ifis, a deprecinted currency, nnd nflicinlde
fa lea I inn: ynit is but right to ray that nothing has
occurred in the practical opera)ion ofthraystem to
weakrn inihealighteitdrgree.butmuch to strength
en the confident anticipations of its friend*. Tbo
ground* of tlieao linvo noun heretofore ao fully ex
plained tn lo require no recapitulation. In respect
to iho facility and convenience it affords in conduct
ing tbo public service, and iho nbility of tho Govern
ment in dinch'irgo through it* agency every duly at
tendnnt on ihecollectinn, transfer, and disburse
ment nf the public money with promptitude nnd auc
ceai, I ran any, with confidence, that iho epprehen
•inn* «f those who felt it lobe their dutyto oppose
it* adoption have proved lo bo unfounded. On tho
contrary, tlii* branch of iliu fi*cnl nffnirs of the Gov*
ernment hne bean, and it is believed mny olwnysbo,
thus carried on whit every desirable facility and
security. A few changes and improvements in tho
detail* of llie system, without affecting any princi
ple* invulved in i, will be submitted le youhyihe
Secretary of tbo Treasury, and will, I am sure,
receive at your hands tbnt attention to which they
may, on examination, bo found to be entHi'd.
* have deemed this brief aummnry of our fi»cnl
uffuira necessary to the due peifurmince of a duty
•peoinlly enjoined upon me by thn constitution. It
will servo nlau to illustrate mnro fully tho principle
by which I have been guided in reference to two con
tested point# in nur public policy, which were earli
eat in tlieir dnyulupamem, and hivo been more im
pnrtant in tlieir consequence* limn any that have
a»i*cn under our complicntrd and difficult, yet ad
inirable system of government: I allude to a nation
el drift and netfnnnl hunk. It wm In these rhat
the political corneal* by which the country ha* been
Mgiiutcd ever since *lie ud iplinn of the constitution,
in a great measure, originated; and there is too much
rvu*on to apprehend that the conflicth-g intereat*
and opposing principles Ihua marshalled, will con
tinue, a* heretofore, to produce similar, if not aggra
rated consequence*.
Coming into office iho declared enemy of both,
I liuvo earnestly endeavored to prevent a reaurttu
either.
Tlieconaidura'inn that a large public debt affords
nn apology nnd produce* in aume degree, u neces*!
ly also, for resorting ton *y»tem and extent oftaxa
linn which ia nut only nppresaivn throughout, but
like* iao so apt to lead, in tbo end, tolhecommi#
aion of that mo*t odious of nil offence* ngaiurt tho
principles of republican government—tho prostitu
linn of political power, conferred for tlie general
brnufit,to tho aggrandisement of partiejiircUaaes,
and the gratification of individual cupidity; ia nlune
sufficient, independently of the weigniy objection*
which have already been urged, tn render ita cron
lion end existence the source* of bitter and unnn-
peaaable discord. If we add tothii, it* inevitable
tendency to produce and fo»ter estravagnntexpendi
tore* of the publio money by which a necessity 1*
created for new loans nnd new burdens on the peo
plr; and, finally, ifwn refer to the example* nfevery
Government which has existed, for proof how set
dom it is that the system, when onco adopted and
implanted in the policy of a country, haa fulled to
expand itself, until public credit wa* exhausted,and
the people were no lunger able to endure its increni
Ing weight, it seems Impossible to resist tho conch
•ion, linn no benefit* resulting from its career, no
extent of conquest, no acceraion ofwHulth to parlieu
lor ciaiaea, nor any, nor nil its combined nHvaotngci
can counterbalance ita ultimate but certain result*
—a splendid government, nnd an impoverished peo
pie.
If a national bank wna,a* la undeniable, repudin
ted by the framera of the cnnatltution as incompali*
bio with the right* of the States and the liberties of
the people, If, from the beginning, it has been re-
[arded by large portion# of our chiton* as coming
n direct collision with that great and vital amend
ment of the conititutlon, which declares that nil pow
era not conferred by thntinstiument unlho General
Government are reserved to the States and to the
people; if it ha* been viewed by thorn at the first
great step in the march oflutitudinnui conitinotion,
which unchecked, would render that sacred io-tru-
mi-nt of at little value as an unwritten constitution,
dependent, as it would alone be, fui its meaning, nn
the Interested interpretation of a dominant pnrty,
and affording no security to the rights of tho minor!
ty—if such is undeniably the case, what rational
grounds could have been conceived for nnticipating
aught but determ ned opposition to auch un institu
tion at the present dny?
Could a different result havnbeon expected, when
the consequence which have flowed from ita cren-
tion, end particularly from ita struggles to por|ielu-
ateitt existence; had confirmed, in so striking u man
n<-r, tlie apprehension* of its earliest opponent*;
when it had been to clearly demonstrated (hat aeon
ccntraied money power, wielding so vast a capital,
and combining such incalculable moans of ihfluuncr,
may, in those peculiar conjunctures to which this
Government it unavoidably exporod, prove on over
match fur the political power nf tlie people them
selves; when the truo character of its capacity to
regulate, according to its will and its intereat*, nnd
the interests of ita favorites, tho valuo and produc
tion nf the labor and property of every man in this
extended country, had been to fully and fearfully de
vcloped; when it was notorious that all classes of
this great community had, by meant of llie power
and influence it thus po*ie<iet,hecn infected to mad
nois with a spirit of heedless speculation; when it
hud been seen that, accure in the support of the com
bination of influences by which it wax surrounded,
it could violate its charter, end set the laws at d* fi
ance with impunity; and when, too, it had become
most apparent tlmt to believe ihnl sucli an accumu
lation ol powers can rver be granted without the
ceitainty of being abused, was to indulge in a fatal
delusion?
To avoid the necessity of a pcimanent debt, and
itt inevitable consequence*, 1 have advocated, nnd
endeavored to carry into effect the policy of cenfin
ing tho appropriation# for tlie public service to such
object* only as are clearly within the constitutional
authority of the Federal 00x^0160* J of excluding
from its expenses those improvident and unauthor
ised giants of public money for works of internal im
provement, which were so wistly arrested by tbe
constitutional interposition of my predecessor, nnd
which, if they had not been clicked would long lie
fore this lime have involved the finonce* of Uie Gen
eral Government in embsrraxamcnt* far greater than
those which ure now experienced by any of the
State*, u( limiting all our expenditures to that sim
ple, unostentatious, and economical administration
of public affairs, which is alone cunxistent with the
character of our inititutious; of collecting annually
from the custom*, and the sales of publio lands, a
revenue fully adequate to defray all the expenses
thus incurred, but. under no pretence whatsoever,
to impose taxes upon tbe people to a greater a mount
than was actually necessary to the public eervice,
conducted upon the principle* I have stated.
In lieu of a national bank, ora dependence
upon banka of any deacription, for the manage
ment of our fiscal affair*, I recommended tho
adoption of tbo system which is now in success
ful operation. That system affords every re
quisito facility for the transaction of tho pecu
nianr concerns ol the Government; will, it ii
confidently anticipated,produce in other respects
many of the benents winch have been from lime
to time expected from the croationof a na
tional bank, but which have never been realised;
avoid the manifo d evils inseparable from such
an institution; diminish to a greater extent than
could be accomplished by any other measure of
reform, tbe patronago of the Federal Govern
ment—a wise policy in all governments, but
more especially so in one like oura,which works
well only in proportion aa it ia made to rely for
its support upon tbe unbiassed and unadultera
ted opinions of iu oonaiitusnu; do a way, forev
er, ell dependence on corporate bodiea, either
in the raising, collecting, aafe keeping, or die-
burring the publio revenue*; end place Uie Gov
ernment equally above the 'temptation of fo*.
leringa dangerous and unconstitutional inititu
tion at home, or adapting ita policy to tha viawi
and intareits of a still taora formidable money
power abroad. ' •*
It ia by adopting and carrying nut theae prin
ciples, under circumstance* the moat arduous
and discouraging, that tha attempt hae been
made thus far sucrcaefblly, to demonstrate to
the people of the United States tha. a national
bank at all times, and a nationnl debt, except
it bo incurred at a period when tho honor and
anfety of the nation demand the temporary one*
rifice of policy, which should only be abandon
ed in auch exigencies, are not merely unneces
sary, but in direct and deadly hostility to the
principle* of their Government, and to tlieir
own permanent welfare.
Tho progress made in the dovclopcment of
these positions, appenra in tho preceding sketch
of lire peat history nnd present Mato of tho
financial concerns ef the Federal Government,
Tho facts there stated, flilly authorize the asser
tion, tlmt all the purposes for which this Gov
ernment was instituted havo boon accomplished
during four yoars of greater Ipucuuiary mnbor-
raxstnont, than were ever before experienced in
time of pence, nnd in lire faco of opposition ns
formidable an any tlmt was ever before arrayed
against the policy nf an administration; that
this has been done when the ordinary revenues
of the Government were generally decreasing,
as well from tho operation of tho Inws, ns the
condition of the country, without tire creation
of a permanent debt, or incyrrinig nny liability
other than such ns tho ordinary resources ol the
Government will speedily discharge, nnd with
out the agency of a nntionnl bonk.
If this view of tho proceedings of the Gov
ernment, for tlie period it embraces, bo war
ranted by tlie Acts ns they are known to
iftlrenrmy nnd navy linvo boon sustained to
tho full extant authorized hy Inw, and which
Congress deemed sufficient for tire defence of
the country nnd tho protection of its rights ana
its honor, ifitt civil nnd diplomatic service has
been equally sustained ; if ample provision has
boon made for tire administration of justice and
the execution of tho Inws; if the clnims upon
K ublic gratitude in belmlf of tho soldiers of tho
.evolution have been promptly met, and faith
fully discharged ; ifthcre have been no failures
in defraying the very largo expenditures grow
ing out of that long continued and salutary po
licy of peacefully removing tho Indians to re
gions of comparative safety and prosperity; if
tho publio faith has nt nil times, nnu every
whore, boon most scrupulously maintained by
a prompt discharge of the numerous, extended,
nnd diversified claims on tho Treasury; if all
these groat and permnnent objects with many
others that might be stated, have, for a series
ofyears, marked by peculiar obstacles and diffi
culties, been successfully accomplished with
out a resort to permanent debt, or the aid of a
national bank ; have wo not a right to expect
that a policy, fire object of which has been to
sustain the public scrvico independently of ci
ther of these fuitlifbl sources of discord, will re
ceive tho final sanction of n pooplo whose un
biased and fairly elicited judgment upon pub
lic affairs is never ultimately wrong ?
That embarrassments in tho pecuniary con
cerns of individuals, of unexampled extent and
duration, have recently existed in this as in
other commercial nations, is undoubtedly true.
To supposo it noccBsary now to trace these re
verses to their sources would be a reflection on
tire intolligenco of my follow cUizons. What
ever may Tiave been the obscurity in which the
subject was involved during the earlier singes
of the revulsion, there ennnot now ho many by
whom the wholo question is not Ailly under
stood.
Not deeming it within the constitutional
powera of tho General Government to repair
irivate losses sustained by reverses'ip business
laving no connexion with tho public service,
either by direct appropriations from the Trea
sury, or by special legislation designed to se
cure exclusive privileges and immunities to in
dividuals or classes in preference to, atuj nt the
expense of, the great majority necessarily de
barred from nny pnrticipntion in them, no at
tempt to do so has beon either made, rocom-
mendod, or encouraged, by tho present Execu
tive.
It is believed, however, thnt the great pur-
roses for the attainment of which tho Federal
jovnrnmcnt was instituted, have not been lost
sight of. Intrusted only with certain limited
rowers, cautiously enumerated, distinctly spec-
fled and defined with a precision and clearness
which would seem to defy misconstruction, it
has been my constant atm to confine myself
within the limits so clearly marked out, and so
-aroftilly guarded. Having nlways boon of
pinion that the best preservative of the union
if tho States is to be found in a total abstinence
from the exercise of all doubtful powers on the
partof tho Federal Government, rather than in
attempts to assume them by a loose construc
tion of tho constitution, or any ingenious per
version of its words, I have endeavored to avoid
recommending nny measure which 1 hnve rea
son to apprehend would, in tho opinion even
of n considerable minority of my follow citi
zens, bo regarded ns trenching on tho rights of
the States,ortho provisionsottlio hallowed in
strument of our Union. Viowing tire aggre
gate powers of tho Federal Government as n
voluntary concession of the States, it sooms to
mo that such only should bo exercised as wore
at the time intended to be given.
1 hnve been strengthened too, in the propri
ety of this course, by tbo conviction that all
ufforts to go beyond this, tend only lo produco
dissatisfaction nnd distrust, to oxcito jealousies,
nnd to provoko rcsistanco. Instead of ndding
strength to tho Federal Government, even
when successful, they must over prove a source
of incurable weakness hy alienating a portion
of thoso whose adhesion is indispensable to tho
great aggregate of united strength and whoso
voluntary attachment is, in my estimation, far
more essential tn tho efficiency of a government
strong in tho best of all possible strength; tho
confidence and attachment of all thoso who
make up its constituent elements.
Thus believing, it has been my purpose to secure
to llie wholo people, nnd to every member of the
confederacy, by general, salutary, and equal Inws
alone tiro benefit of those republican institutions
which ii was tha end and nim of thn constitution to
establish, nnd tho impartial influence of which is, in
my judgment, indispensable to iheir preservation.
I cannot bring myself tobelievetlint tho lasting hup
pines* of the people, the prosperity of the Stntes.or
the petmnnency of tlieir Union, cun be maintained
by giving preference or priority to any clns* of chi
tons in tlie distribution of benefits or privileges, oi
hy tlie adoption of measure* which enrich one por
tion nf the Union at llie expense of another; nor con
I see in the interference of the Federal Government
with the local legi-laiion nnd reserved rights of the
State* n remedy for present, or a security against
future dangers.
The first, nnd assuredly not the least, important
itep towards relieving the country from the condition
into whicli it hud been plunged by excesses in trada,
bunking, and credits of ell kinds, wo* to placa thn
business transaction* of tho Government itself on a
solid basis; giving nnd receiving in all cuses value
for value, anil neither countenancing nor encourag
ing in others that delusive system of credits from
which it has been frond so difficult to escape, nnd
which has left nothing behind it but the wrecks that
mark ita fatal career.
That the financial nffiir* of the Government ore
now, and have born during the whole period of theae
wide-apreading difficulties, conducted with a atrict
and invariable regard tothisgreal fundamental prin
ciple, and that by the assumption and mainienanco
of the atnnd thus token on the very threshold of the
approaching criaia, more than by any other cauae or
cause* whatever, tiro community at large has been
shielded from tho incalculable evil* or o general nnd
indefinite suspension or specie payment*, and a cun
sequent annihilation, for tbe whole period it might
have lasted, of a just nnd invariable standurd of val
ue, will, it is believed, at this period, icarcely be
questioned.
A steady adherence, on the part of the Gnvern-
9 ent to tbe policy which has produced »uch saluta
ry result* aided by judicious State legislation, and.
what is not Ion important, by the industry, enter
prise, perseverance and economy of the American
people, cannot fail to raise tbe whole country, at an
early period, to a elate or •olid ard enduring pros
perity, not subject to be again overthrown by the au*
pension of bank* or thaaxplosion of a bloated credit
system. It ii (or the people, and their represents'
tivea, to decide wbethoror not the permanent wel
fare of the country (which all 8»od citiaens equally
desire, bow widely they may differ •• to tbe mean#
of it* accomplishment) aball ba in thla way secured,
or whether the manegement of the pecuniary eon
ceres of tl»e Government, and, by eni)»equ#nce, to a
great extent, those of individuals alio, aliall be car
ried back to • condition of Ihinga which fostered
those contractUns and expansion* of the currency,
and iheaateckleM abuae# of credit,from tbe Ulaful af-
facta of which the cwU'Uj h«» w deeply luffered—a
return t|iat can proml»e,ln the end, no batter results
Ilian to reproduce iba emUarra*emeni* tlie Govern
ment baa experienced, and to remove from Ilia
ah'mldrr nfib»ph*»ent, to ilrose nffresb victims,I be
bitter fit'll# of that spirit of the apecuhulvc entrr
prise t" which our countrj men are so liable, and
upon whirl) the lra*on» of eaperlenre are .ounavoil
In*. ’I he choice is en lni|Miriant one, and 1 sincere
|v hope that it may be wisely made.
A report from the Seer-taiy of War, prraenMng
adetaik'd view ortlieaffuits of that department,
accompanies ibis communication.
The desultory duties connected with tiro removal
of the Ind an-, in which the army lias been constant
ly rngngrd on iho northern nnd western frontier,
and in Florida, hnve rendered it Impracticable to
carry into full r fleet tbe plan rerommended liy the
Secretary for impiovin* itt discipline, in every in
•lance where thv regiment* have been concentrated
they have made great progress; und ihe best results
maybe anticipated from u continuance of this system.
During the Jnst season, n per.' of the troops have
been employed in removing iho Indians Irom tho
interior to the territory u*s gnod them in the wost—
a duty which they have performed efficiently, nnd
with praise wnitliy buminhyt and that puriinn of
them which Im* been stationed in Floridu continu
ed active operations there throughout tha heats of
summer.
The policy of the United States in regard lo the
Indians, of w hich n succinct account ii given in my
m-ss <g«-of 1839, nnd of tiro wisdom and expediency
of which 1 am fu'ly satisfied, has bten con inued in
active operation throughout the whole period of my
administration. Since tho Spring of 1837, more
than foity thousand Indian*have been removed to
their now h»ma west of the Mississippi; nnd 1 ant
happy to add, that all accounts concur in represent
ing the result of this measure eminently beneficial to
that people.
The emigration of l|ieSeminole* alone has been
attended with serious difficulty and occasioned blood
■lied; hostilities having Iwen commenced by tho In
dians in Florida, under tho apprehension that they
would be compelled by force, to comply with their
treaty stipulation*. The execution of the trea'y of
I'nyne's Landing, signed in 1832, but not ratified
until 1834, was postponed at tho solicitation of the
Indian* until 1835, when they again renewed their
agreement to remove peaceably to tlieir now homes
inlho west. In the far.- of this solemn and renewed
compact, they broke their faith nnd commenced has
tllities hy the massacre of Major 'Judo’s command,
the murder of tlieir agent, Gen. Thumpa-in, and oth
er acts of cruel treachery. When this ulnrming and
unexpected intelligence reached the sent of Govern
ment, every effort appears to linvo been made to re-
infure.o Gen. Clinch, who commanded tiro troops
then in Floridu. Gen. Kustis was despatched with
reinforcomenti from Charles'on; troops were called
nut from Alabama, Tennessee and Georgia; and Gen
Scott was sent to lake the command with umplo pow
era and ample means Atthefirstalurm, Gan Gaiucs
organized a forco at Now Orleans, nnd without wait
ing for oi den, landed in Florida, where ho doliver
ed over tha troops he had brought with him to Gen.
Scott.
Governor Call waa
to conduct a summer campaign,
of it waa replaced by General Jcaup. Those
nvonta nnd changes took placo undor tho admin
istration of my predecessor. Notwithstanding
the exertions of the experienced officers who
Imd commanded there for eighteen months, on
entering upon tho administration of the Gov
ernment I found tho Territory of Florida a
prey to Indian atrocities. A strenuous effort
was immediately made to bring these hostilities
to a closo; nnd tho nrmy, under Gen. Jesup,
was reinforced until it amounted to ten thou
sand men, and furnished with abundant sup-
pliesof overy description. In tho campaign a
groat number of the enemy wore captured nnd
destroyed; but the character of tho contest was
onlycltnnged. Tho Indians, having boon de
feated in overy cnnngomont, dispersed in small
bands throughout tho country, nnd beenmo an
enterprizing, formidable ana ruthless banditti.
General Taylor, whosuccecdod General Jesup,
used his best exertions to subdue them, and wiib
seconded in his efforts by the officers under his
command, but he, too, failed to protect tho Ter
ritory from tlieir depredations. By nn act of
signal and cruel treachery, they broke the truce
made with them hy General Macomb, who wus
sent from Washington for the purpose of carry
ing into effect the expressed wishes ofCongreus,
nnd have continued their devastations oyer
since. Gen. Armistend, who was in Florida
when General Tnylor left tlie nrmy, by permis
sion, nssumed the command,nnd nfler nctivo sum
mcr operations, was met by propositions for
peace, and Irom tho fortunate coincidence of
the arrival in Florida, nt the snme period, of a
delegation from the Seminoles who nre happily
settled wost of tho Mississippi, and are now anx
ious to persuade their countrymen to join thorn
there, hopes were for soma time entertained thnt
the Indinns might bo induced to leave the Ter
ritory without further difficulty. Thoso hopes
have proved fallacious,nnd hostilities havo been
renewed throughout tho wholo of tlie Territo
ry. Thnt this contest has endured so long, is
to bo attributed to cnuics beyond tho con
trol of the Government. Experienced Generals
have had tlie command nf the troops; officer# nnd
sold era have nliko distinguished tbcmielvia for
tlieir nclivity, patience, a ml enduring courage; the
nrmy has been constantly furnished with supplies of
every description; und we must lock lor tho causes
which havo so long procrastinated tho issue of the
contest, in the vast'extent of tiro theatre ol hostilities,
the almost insurmountable obstacles presented by
tlie nature of the country, tho climate, and tho wily
character of the anvoges.
The sites for marine hospimls on the rivers and
Inkes, whicli I wa* authorized to select nnii causuto
be purchased, havo nil been designated; but, iho
appropriation not proving sufficient, conditional ar
rangement* only have been made for their acquisi
tion. It is for Congress to decide whether those
s subsequently appointed
latnpaign, and at the close
conditional purchases shall bo sanctioned, and the
humane intentions of tiro Inw carried in'.o fu'l effect.
Tho Navy, ns will nppenr from the accompa
nying report of the Secretary lias boon usef ul
ly nnd honorably employed in the protection
of our commerco nnd citizens in tho Mediterra
nean, the Pacific, on tho const of Brazil, and
in the gulf of Mexico. A smnll squadron, con
sisting nf tho frigato Constellation, nnd tho
sloop of war Boston, under Com. Kearney, is
now on its way to the Chinn and Indian seas,
for the purpose of attending to our interests in
that quarter ; nnd Com. Aulick, in the sloop of
war Yorktown, has been instructed to visit the
Sandwich nnd Society Islands, tho coasts of
Now Zealand nnd Japan, together with other
f iorts and islands frequented by our whale ships
or tho purpose of giving them countenance
nnd protection, should they be required. Other
smnll vessels have been, nnd still nre, employ
ed in prosecuting tbe surveys of tlie coast of
the United States, directed by various nets of
Congress, and those which have been com
pleted will shortly t o laid before you.
Tho exploring expedition, at tho latest date,
was preparing to leave tlie Bny of Islands, Now
Zealand, in further prosecution ofobjccts which
linvo thus far, been successfully accomplished.
The discovery of n new continent, which was
first seen in latitude 66 deg. 2 min. south, lon
gitude 154 deg. 27m. in oust, nnd afterwards
in latitude 66 degree, 31 minutes South, Inn
nitude 153 deg. 40 min. east, by Lieutenants
Wilkes and Hudson, for an extent of eighteen
hundred miles, but on which they were prevent
ed front landing by vast bodies of ice which
compassed it, is one nf the honorable results of
the enterprise. Lieutenant Wilkes bears testi
mony to tho zeal and good conduct of his of
ficers and men; and it is but justice to that
officer to stato thnt be appears to havo perform
ed the duties assigned him with an ardor,
ability, nnd persevernneej which give every as
surance of an honorable issue to the undertak
ing.
Tbe report of the Postmaster General, here
with transmitted, will exhibit the sorvice of
that department tho past year, and its condi-
tibn. The transportation has beon maintain
ed during the year to the full extent authoriz
ed by the existing laws ; some improvements
hove been effected, which the public interest
aeemed urgently to demand, but not involving
any material additional expenditure; tbo con
tractors huve generally performed their en
gagements with fidelity tho Poitmostera with
few exceptions, have rendered their accounts
and paid thoir quarterly balances with prompt
itude ; and the whole service of tho depart
ment haa maintained tho efficiency for wnicli
it haa for leveral years been diatinguiahnd.
The acta of Congress eatabliihiug new mail
route*, and requiring more expensive eervicea
on others, and tho ineraaiing wants of the
country, have for three year* peat, carried tho
expenditures something beyond the accruing
revenues; the excess having been met, until
th« Ixal year, by the surplus which had previ
oualy accumulated. That aurplua hiving bean
cshauitad,ind tha anticipated incrcaia in tha
revenue not having been realized, owing to
Ihe depreraion in the commercial huaincxi of
the countryt Ihe financea of the 4«p«rtment
exhibit a small deficiency at tha cloae of tha
fiscal year. lie reaourcaa, however are ample;
and the reduced rate* of compensation fur the
transportation aervice, which may be eipectod
on the Allure lettings, Aom the general reduc
tion of priene, with the increaio of revenue
that may reasonably bo anticipated Aom tho re*
vivnl of commercial activity, it mdit aoon
ploc.t the finances of the department in a pros
perous condition.
Considering tbo unfavorable circumstances
which have existed during the pnat your, it ie
a gratifying result that tho revenuolhaa not
declined as compared with the preceding year;
but, on tbo contrary, exhibits n small increase;
tbo circumstances refurred to having bad no
other effect titan to check the expected income-
It will bo scon thnt the Postmaster General
suggests certain improvomentain tho establish
ment, designed tu reduce tho weight of the
mails, cheapen the transportation, ensure great
regularity in tho Bcrvicc, and secure a consider
able reduction in the rates of letter postage—
an object highly desirable. The subject is one
of general interest to tho community, nnd is
respectfully recommended to your considera
tion.
Tho suppression of the African slave trado
has received the continued attention of the
Government. The brig Dolphin and sclroonor
Grampus havo boon employed during the late
Benson on the const of Africa, for tiro purposo
of preventing quell portions of that tradq ns
tvas said to bo prosecuted under tho American
flag. After cruising off those pnrts of tha
const most usually resorted to by Blavern, until
the commencement of tiro rainy season, thoso
vessels returned to the United States for sup
plies, and have since been despatched on a
similar sorvice.
From the reports of tho commanding officers
it appears tlmt tho trade is now principally car
ried on under Portuguese colors; and they ex
press the opinion tliut the apprehension ofthoir
prcscnco on tho slave coast has, in a great
degree, arrested the prostitution of tho Ameri
can flng, to th ■ inhuman purposo. It is to bo
hoped that, by continuing to maintain this force
in that quarter, and by tbo exertions of the
officors in command, much will be done to put
a stop to whatever portion of this traffic may
have bean carried on under the American flag,
and to prevent its use in a trade which while it
violates tbo laws, is equally an outrage on tho
rights nf others and the footings of humanity.
Tiro efforts of the several governments who nre
anxiously seeking to suppress this traffic must,
however,bo directed against the facilities afford
ed by what are now recognized as legitimate
commercial pursuits, before that object can bo
ftilly accomplished. Supplies of provisions,
witter casks, merchandise, and articles con
nected witli the prosecuting of tho slnvo trade,
are, it is understood, freely carried by vessels
of different nations to the slave factories; and
the effoctsofthe factors are transported only
from ono slave station to another, without in
terruption or punishment by either ofthe na
tions to which they belong, engaged in the com
merco of that region. I submit to your judg
ments whether this Government, having been
tho first to prohibit, hy adequate penalties, the
sluve trado—tho first to declare it piracy—should
not bo the first nlso to forbid to its citizens all
trade with.the slave factories on the coast of
Africa; giving nn example to all nations in this
respect, whicli if fairly followed, ennnot fail to
produco tho most effective results in breaking
up thoso dens ofinquity.
M. VAN BUREN.
Washington, Dec. 5,1840.
COMMUNICATION OF GOV. McDONALD,
TO THE GENERAL ASSEMBLY.
Kxkcutivs Department, \
Milledgeville,7tli Dec. 1840 )
I hnve the honor to coinmunicoto herewith to the
General Assembly, the copy of a letter from the
Governor of Virginia, giving tbe result of tbe co-res
pondenco between himself and the Govornor of N.
York, respecting certain fugitives from justice, pro
tcctrd by tbe latter, nnd asking, in compliance with
a resolution ofthe Legislature of hi* Slate, the
operation of Georgia in any necessary and proper
measure of redress, which Virginia may be forced
to adopt in relation thereto.
Tho nature of this coniroversy wns made known
toyou.indociimenisherelofurepresentedforynurcon
sidorutlon, together with tho extraordinary grounds
assumed by tiro Governor of New York, lor bis re
t'usal to deliver criminals ngninst the Inws of Virgin
ia which hud taken refuge in his State. It seems
from tho letter now presented to yno, that that high
public functionary adheres to hi* purpose, and per
aiats in his refusul to obey the mundnta uf the laws
passed In purstmnceof th« Cnnatltution. He makes
the nature of the offence the basis of his objection,
claiming llie arrogant right to determine wiiut shall
ho the object* of property in other States entitled to
the proteciion of thj laws.
It was well understood at the organization of tSe
Government, that there wns one species of property
not common to oil the Stute*. The Consiimtion of
tho UnitedStntea imd a special regard to this state
of things, nnd wisely provided for the protection of
the right* of tiro people of those Slates, holding a
peculiur property, placing I hem beyond the reach of
the domestic policy of any ofthe oilier members of
the confederacy. With this object H was provided,
that no person held to service or labor in one State
under the laws thereof, escaping into another,
should, in consequence of any law or regulation
therein, bo discharged from such service orlubor.
Under this clause ofthe Constitution, the riute
whocaeapes from Ids owner, und *uccecil* in get
ting into u Siule whereilavery ia not tolerated, ac
quires no riglita under iis Inw*. His condition fol
lows him nnd is determined hy tho Jaws of the S'nte
whence he fled. He must he delivered up a* pro t
perty, on claim of tho party to whom he belongs
if ihe authorities ofthe General Government, ornf
tiro Smte where lie is found, are hound, in determin
ing his condition, to respect the laws of the Suite
wtrnce he escaped, and pronounce him to he pro.
periy, ond deliver him up accordingly, how can it
be pretended that the thief who has stolen a slave
and escaped into another State, shall he protected
there, because the institution of slavery is noiknown
to its law*? If slavery is to ba recognised for one
of these purposes, it mu»t he for tlie other. But on
tlda subject it is aseless to argue. The spirit of fann
ticism lius charmed to rest tho voice fur reman and
tiro Constitution—nnd popular nhrensy has destroy
ed tiro fotce of the strongest official obligation.
The position nssumed by the Governor of New
York, which, it seems, he cunnnt be induced to nbnn
don, assures tho people ol the other States, that he
will not, ns the agent ofthe Government, nor as tho
Executive officer of his own State, execute tbe laws
of the land, Tbe Executive of every oiber Sts le
has tin* snme right to exercise a discretion, und re
fuse his aid in giving efb-ct to the Constitution and
Lows. A grave questiun then presents itself. By
what mean* is tiiut clause of ihe Constitution of the
United States, which relates totbe delivery of fugi
tives from justice, to be executed? It is important
to the safety of tucioty that it should bo carried out
in good faith. It is essential to the protection of
private rights, that it should be. The public peace
and general hanpineas require that the mean* to be
employed for inis purpose, should be such as wi.l
prevent angry collision between the States. It can
not be left tu the States themselves, as experience
hss proven in more instances than one, that this is a
fruit las* reliance. If this was a matter to bo referred
to the comity ol Slates, it were an useless provision
in thoConstiiution. But tho wise framers of that
instrument saw the necessity, from tho free inter
course botween the people of the States, thecitizens
of each Stale being entitled to all privileges and im
miiniiif* of citizens of the several States, of afford
ing tbo meant of effectual proteciion to tl.e States
themselves, the persons aad property of their citizens
respectively, by requiring the delivery of persons nc
cured of treason, felony, or other crime, who should
fire from thejurisdiclion in which tho offence was
committed, and be found in another State.
Does this censtiuitional prevision constitute «
treaty between tho Stales; it it recommendatory on
ly to the States; or does it impose an obligation on
the General Government, or the States? It cannot
be a treaty. The States, by the adoption of tbe Fed
rrei Constitution, sui rendered the potswr of enforo
ing treaties. They cannot grant letters of marque
and reprisal, nor engage in war, unleis actually in
vaJed, urin auch imminent danger thereof, as will
not admit of delay. A treaty creates
op tha parties to it; and if either refoaes to perform
it, the other baa a right to appeal tn nrraa to enforce
There it no other ultimate retort between nation*
whero one prove* contumacious, and refute* tq ful
111 ita solemn treaty aiipulallons. Thla rannot ba
done hy (heState* without breahingvver lb# barrier!
of ike Constitution, and ejuuctalng prohibited pow
•rs. It cannot ba recommendatory only, lo the
States, Tbo language employed, forbids this ron
ttrueiion. Betid**' a metier so important to iba
•isurity of tha people, and the harmonious inter
»'*'?• Ti°“clot 1703,.nil wSraSSSS
r-nuim ll,. liMcmlwriSc,,. .f ,h. m."J
to execute ttiii|'ri..talun „f Conulluttoo,-it
tl.e •oilnrliyot thii tMcuitnt, tnljht, with US.
iroprl.ly, be q„c.,|„„ed. Judlel.tl tHbunkl., Jfihl
ii,fie,t icpcctubility, Into ilccblrd tliet CoDtt.ee
ftfSKrjLSBTSSSclcsS
tivo und Judicial authority to be exercised indenert
dent ly of i he bmi.,, end emple eerry t nw ,g£. t
ell potter, wiled therein, All ne.lv creeled po.
er. end obliged,me. mdeee othererl,. eiptwVrd.
mo.l be eeerened end performed by the Oovertn
meet brought Into eel.lnnco by the' Conititutlon.
Uoleu thoir execution le Impoied In terme nn Ik.
Tt, I ".quitted to perform them—
iWI«S.T,l" ’!i rVmr r - , * ll "-« from juetfee,
ind ecrrmieo/ef, ond imeondilfonotf,, ie unknown
to the lew of natione, did not toot upon thn Stole,
oenbioluteeowrelgntlee, ond lecreeled by tho Con
.1 [tutinn, end tt, performance la not by thel Inetrd
men tplnecd on the Stole,. Henco It I, thnt the
Sleiot hove I be right to require Iho Government to
perform tine lmp.ii rent duly Congiwe, at on ntly
period of our nunonel hi.tory, poued t Inw lo urn
into ellect thin provl.iun of the Conetllulion | both
uet’emlTn"! 0 "’"“-""S il » '*'™llun to tgen»
not nmenuble to It. nuthority. It hne It, jutliGcd
tion. however, in the confidence of Con,n,e, that
the high officer, m whom thi, true! wu committed,
would not be deterred from it, execution by papule,
excitement, or other ce,„ 0 . Having been dlexD
potn oil In till, expectation, It becomex ill dny tn
require its performance, by agents suhieet tn ita
cun,ml. The State, xh'nnfi £Todl^d “ till
Government ehould refine eo to amend Iho not of
congress, na insecure the peace of the States by tha
ruhhlul execution of the Con.lltutlon, ll«,“ln n«
bu nccounloble fur ilia conaequeocev.
however, be cuneidered that iba Con
itil t'lon impo.ee on tho Stele., end not on thn G«J
? ov Frnmet", the obligation to deliver fugitive*
from juiliee.itcleer.tliei in cnee of refilled,them ia
no authority to coerce o performance. The Stain
whom law. huve boon violated by nn abiaundleg.£
l,tn,nml whale nnthnril lea am Intuited by a refuiel to
deliver btm on, meat eobmlt to the injury, orThrew
off the Cun.that™, *" d lehe Into bar awn hand,
iel ° r W '°" S ' Tb ° —.pooeibillty of al
melancholy a reear, mu,I roe, upJn then who
fuee to cxeccle the law.. No State will eubmlt In
n wicked eggre.eian on thn right, of her pnoplo' for
ho purpoee of teaching her peculiar lii.timtlJne, bi
tho'e who,, duty It |„, onl) , (0 abileln front da
hereto Injury to her, hut to eupporl amicebla rein
tiona, by carrying out the peaceful proviilone of tbo
Coeilitutiun with Iho enme frotetnul epirlt in which
they were framed nnd adapted. ‘
You will eeo tlmt the Stole of Virginia duet not
propone to adopt haitlly, any meietiro which would
prevent 0 calm Invoelignllon of Ihe euhject. and
filled!!! 1 Jl“ d,, l ,0, hhm lo exhnuet argument and
ft iendly dl,eit.iion before eliu reeorli tn remedial
« hlch mny afiect the pence ond union of tfaa Con,
ledarney. Her mngnnnlmmn example le wortbyor
Imnnlion, end whatever policy .he may be forcod to
par.ue, In enforcing con.llmilonnl right, eo unquee
ttonahlo.alie, noduulit, will have your ca operation.
Charles j. McDonald.
T JIM Ft0m tke atobe > * lh
in Qd.lition to (lie Senators named yesterday,
there uppenred today tho Hon. Wm. R.King,
1 resident pro tem, of the Senate, and Metsre. Clay,
of Kentucky, Merrick, of Maryland, Norvell, of
Michigan, and Robinson, of Illin .Is.
3 here being no quorum present, the Senate ad
journed to 12 o'clock to-morrow.
H0|JSE OF REPRESENTATIVES.
At 12 o’clock, the Speaker, tho Hon. Robart M.
T. Hunter, took the Chair. The Clerk celled over
ihe roll ortho absentees, ond the following named
Members, in addition to those who attended yeater
doy, answered to their names.
From Massachusetts.—Mr. Briggs.
From Connecticut.—Metits. Smith and Wil
liams.
From Vermont.—Mr. Fletcher.
J' r . on L I *. ew York -Messrs Barnard,Chittenden,
Clark, Fillmore, Gater, Kemble, Mallory, Marvin,
Mitchell,Montnnya, and Rogers.
From New Jersey —Mr Kille.
From Pennsylvania.—Messrs. Davis, Gemr,
Galbraith, Murchand, Naylor, Newhard, and Ser-
geant.
Fr ?' n J T «ry la ** —\M«w«. Ilillen, F. Thomai,
and IMf. J humai.
From Virginia.—Meiir, Beirne.Hfil, end John
son.
From North Carolina.—Messrs Montgomery*
and Shepard,
From South Carolina.—Messrs Butler and Grif
fin.
From Georgia.—Mr. NUbett.
Fiom Kentucky.—Messrs. Andrew* Davis,
Triplntl, nnd White.
From Tennessee.-Messrs Brown, Campbell,
Gentry, and Turney,
From Ohio.—Messrs. Taylor nnd Weller.
From Louisiana.—Mr. Chinn.
From Indiana.—Messrs, Cnrr and Wick.
From Mississippi —Mr. Brown.
From Illinois.—Mr. Stuait.
From Alabama.—Messrs. Chapman and Crabb.
From Missouri.—Mr. Jameson,
From Arkansas.—Mr. Cross.
From Michigan.—Mr. Crary.
James D. Doty, delegate from tho Territory of
Wisconsin, who attended yesterday, hut was omit
ted in otrr report, was sworn in to day.
Henry S. Lane, of Indiana, who attended yea-
terduy, hut did not take the outh, wns sworn in ta-
day.
b ifty four members, in addition to those who ap
peared yesterday, being in attendance, a quo
rum was announced by the Choir as being pre
sent.
Whereupon Mr. Taliaferro, of Virginia, submit
ted the following resolution:
Resolved, That a committee be appointed on tha
part of this House, to join such committee as may
ha appointed on the purl of the Senate, to wait en
tho President ofthe United States nnd inform him
tliota quorum of the two Houses is assembled, and
that Congress is now ready to receive any commu
nication lie maybe pleased to make.
This resolution was read and agreed to, and Mr.
Taliafeiro and Mr. Cuve Johnson of Tennesieo,
were appointed the committee on the part of the
House.
On motion of Mr. Taliaferro, the Clerk waa then
directed (o notify the Senate that a quorum of tho
Hume had assembled, and wa* ready to proceed to
businois.
ABOLITION PETITIONS.
Mr. John Quincy Adams gnve notice that It is hie
purpose to offer io morrow a resolution that tho
stsnding Rule of the House, No. 21, adopted onth*
28th of January Inst be rescinded.
Tho rule which Mr. Adams will propoia to re-
scind is in tlie words following:
“No petition, memorial, resolution, or other pa
per, praying tiro abolition of slavery in the District
of Columbia, or nny State or Territory, or the slavo
trade between tho States or Territories of the Uni
ted Stares, in which it now exists, shall be received
by this Houre, or entertained in any way whaler
Alter a few minutes of suspension, Mr. Casey,
of Illinois, rote ond said that ho had just learned
that a quorum had not been formed in tbe Senate,
nor was it expected that a quorum would he formed
in thnt body to dny; Iro therefore moved on adjourn
ment; which was curried.
And the House adjourned till to morrow 12
o'clock.
NEW YORK. Dee. 8.
Melancholy Accident.—During the fift which
took place Friday night last, at the rornarof
Moots ond Front streets, Mr. Charles M. Com, of
the house of Bridsall de Case, who made as* of a
small store adjoining the haute on fire, ventured into
Ids counting room lo secure tho hooka and papers
from injury. While engaged in this way, tha wall
of the burning building Tell and cruahod Mr. Com
beneath the ruin*. Hie remains ware not raeoverad
till Saturday afternoon, and were then in so died-
gured a condition aa to be only recognized by tb«
color oft he hair, a portion of which was praaenwd,
and a gold watch, which was partially melted. Mr.
Case was a young man, twsnty-savao yeaia of aga
a native of tifouibold, L. I.,
PhiUsophy of defeat.—» He that will do m
good office* after a disappointment, muateUM Mill
and do just nothing at all. The plough goes on af
ter a barren year; and while tha ubee an yel
warm wa raise a new houw uponth# ruins #f ft farm
•i. M — [8t*ito.