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Congress of the United States.
From the yational Intelligencer, Extra , Dec. 5.
At 12 o’clock this day, the President of the Uni
ted States transmitted to both Houses of Con
gress, bjr Mr. S. L. Gouverneur, the following
MESSAGE :
Fellow Citizens of the Senate,
and of the House of Representative* :
The progress of our affairs since the last
session has been such as may justly be
claimed and expected, under a government
deriving all its powers from an enlightened
people, and under laws formed by their
representatives, on great consideration, for
the sole purpose of promoting the welfare
and happiness of their constituents. In the
execution of those laws, and of the powers
vested by the constitution in the Executive,
unremitted attention has been paid to the
great objects to which they extend. In
the concerns which are exclusively internal,
there is good cause to be satisfied with the
result. The laws have had their due ope
ration and effect. In those relating to for
eign powers, lam happy to state, that
peace and amity are preserved with all, by
a strict observance on both sides, of the
rights of each. In matters touching our
■ commercial intercourse, where a difference
of opinion has existed, in any case, as to the
conditions on which it should be placed,
each party has pursued its own policy,
without giving just cause of offence to the
other- In this annual communication, es
pecially when it is addressed to anew Con
gress, the whole scope of oar political con
cerns naturally comes into view ; thater
rours, if such have been committed, may be
corrected, that defects, which have become
manifest, may be remedied; and on the
other hand, that measures which were
adopted on due deliberation, and which ex
perience has shown are just in themselves,
essential to the publick welfare, should be
persevered in and supported. In perform
ing this necessary and very important duty, ‘■
1 shall endeavour to place before you, on 1
* its merits, every subject that is thought to i
be entitled to your particular attention, in 1
as distinct and clear a light as I may be able. ‘
By an act ot’the 3d of March, 1815, so
much of the several acts as imposed higher
duties on the tonnage of foreign vessels, and
on the manufactures and productions of for
eign nations, when imported into the United
States in foreign vessels, than when import
ed in vessels of the United States, were re
pealed, so far as respected the manufac
tures and productions of the nation to which
such vessels belonged, on the condition,
that the repeal should take effect only in
favour of any foreign nation, when the Ex
ecutive shoulJ be satisfied that such dis
criminating duties, to the disadvantage of
the United States, had likewise been re
pealed by such nation. By this act a pro
position was made to all nations to place
our commerce with each on a basis, which,
it was presumed, would be acceptable to
all. Every nation was allowed to bring its
manufactures and productions into our
ports, and to take the manufactures and
productions of the United States back to
their ports, in their own vessels, on the
game conditions that they might be trans
ported in vessels of the U. States ; and, in
return, it was required that a like accom
modation should be granted to the vessels
of the in the ports of other
powers. The articles to be admitted, or
prohibited, on eiiher side, formed no part
of the proposed arrangement. Each party
would retain the right to admit or prohibit
such articles from the other, as it thought
proper, and on its own conditions.
When the nature of the commerce be- 1
tween the United States and every other .
country was taken into view, it was thought
that this proposition would be considered
fair, and even liberal, by every power.
The exports of the United States consist
generally of articles of the first necessity,
and of rude materials in demand for foreign
manufactories, of great bulk, requiring for
their transportation many vessels, the re
turn for which, in the manufactures and
productions of any foreign country, even
when disposed of there to advantage, may
be brought in a single vessel. This obser
vation is more especially applicable to those
countries from which manufactures alone
are imported, but it applies, in a great ex
tent, to the European dominions of every
European power and, in a certian extent,
to all the colonies of those powers. By
placing, then, the navigation precisely on
the same ground, in the transportation of
exports and imports, between the United
States and other countries, it was presum
ed that all was offered which could be de
sired. It seemed to be the only proposi
tion which could be devised, which would
retain even the semblance of equality in
our favour.
Many considerations of great weight
gave us a right to expect that this com
merce should be extended to the colonies,
as well as to the European dominions, of
other powers. With tbe latter, especially
with countries exclusively manufacturing,
the advantage was manifestly on their side.
An indemnity for ,that loss was expected
from a trade with the colonies, and, with
the greater reason, as it was known that
the supplies which the colonies derived
from us were of the highest importance to
them, their labour being bestowed with so
much greater profit in the culture of other
articles; and because, likewise, the articles
of which those supplies consisted, forming
bo large a proportion of the exports of the
United States, were never admitted into
any of the port* of Europe except in cases
of great emergency, to avert a serious ca
lamity. Wben no article is admitted which
is not required to supply the wants of the
party admitting it, and admitted then, not
in favour of any particular country, to the
disadvantage of others, but on conditions
equally applicable to all, it seems just that
the articles thus admitted and invited should
be carried thither in the vessels of the
country affording such supply, and that the
reciprocity should be found in a correspond
ing accommodation on the other side. By
allowing each party to participate in the
transportation of such supplies, on the pay
ment of equal tonnage, a strong proof was
afforded of an accommodating spirit. To
abandon to it the transportation of the
whole would be a sactilice which ought
not to be expected. The demand, in the
present instance, would be the more un
reasonable, in consideration of the inequali
ty existing in the trade with the parent
country.
Such was the basis of our system, as es
tablished by the act of 1815, and such its
true character. In the year in which this
act was passed, a treaty was concluded
with Great Britian, in strict conformity
with its principles, in regard to her Euro
pean dominions. To her colonies, how
ever, in the West Indies and on this conti
nent, it was not extended, the British gov
ernment claiming the exclusive supply of
those colonies, and from our own ports, and
of the productions of the colonies in return,
in her own vessels. To this claim the
United States, could not assent, and, in con
sequence, each party suspended the inter
course in the vessels of the other, by a pro
hibition, which still exists.
The same conditions were offered to
France, but not accepted. Her Govern
ment has demanded other conditions, more
favourable to her navigation, and which
should also give extraordinary encourage
ment to her manufactures and productions,
in the ports of the United States. To
these it was thought improper to accede,
and, in consequence, the restrictive regu
lations, which had been adopted on her
part being countervailed on the part of the
United States, the direct commerce, be
tween the two countries in the vessels of
each party, has been in a great measure
suspended. It is much to be regretted,
that, although a negotiation has been long
pending, such is the diversity of views en
tertained, on the various points, which have
been brought into discussion, that there
does not appear to be any reasonable pros
pect ofits early conclusion.
It is my duty to state, as a cause of very
great regret, that very serious differences
have occurred, in this negotiation, respect
ing the construction of the Bth article of
the Treaty of 1803, whereby Louisiana was
ceded to the United States, and likewise
respecting the seizure of the Apollo, in
1820, for a violation of our revenue laws.
The claim of the Government of France
has excited not less surprise than concern,
because there does not appear to be a just
foundation for if, in either instance. By
the Bth article of the Treaty referred to,
it is stipulated that, after the expiration of
twelve years, during which it was provid
ed, by the preceding or 7th article, that the
vessels of France and Spain should be ad
mitted into the ports of the ceded Teritory,
without paying higher duties on merchan
dise, or tonnage on the vessels, than such
as were paid by citizens of the United
States, the ships of France should forever
afterwards be placed on the footing of the
most favoured nation. By the obvious
construction of this article, it is presumed
that it was intended, that no favour should
be granted to any power, in those ports,
to which France should not be forthwith
entitled ; nor should any accommodation
be allowed, to another power, on conditions
to which she would not, also, be entitled
upon the same conditions. Under this con
struction, no favour, or accommodation,
could be granted, to any power, to the pre
judice of France. By allowing the equiva
lent, allowed by those powers, she would
always stand, in those ports, on the fooling
of the most favoured nation. But if this
article should be so construed, as that
France should enjoy, of right, and without
paying the equivalent, all the advantages
of such conditions, as might be allowed to
other powers, in return for important con
cessions made by them, then the whole
character of the stipulation would be chang
ed. She would not be placed on the foot
ing of the most favoured nation, but on a
footing held by no other nation. She
would enjoy all the advantages allowed to
them in consideration of like advantages al
lowed to us, free from every, and any,
condition whatever.
As little cause has the Government of
France to complain of the seizure of the
Apollo, and the removal of other vessels,
from the waters of the St. Mary’s. It will
not be denied, that every nation has a right
to regulate its commercial system, as it
thinks fit, and to enforce (he collection of
its revenue, provided it be, done, without
an invasion of the rights of other powers.
The violation of its reveuue laws is an of
fence, which all nations punish;—the pun
ishment of which, gives no just cause of
complaint, to the power to which the of
fenders belong, provided it be extended to
all equally. In this case, every circum
stance which occurred, indicated a fixed
purpose to violate our revenue laws. Had
the party intended to have pursued a fair
trade, he would have entered our ports,
and paid the duties; or had he intended to
have carried on a legitimate circuitous com
merce, with the United States, he would
have entered the port of some other pow
er, landed his goods at the custom house
according to law, and reshipped and sent
them in the vessel of such power, or of
some other power which might lawfully
bring them, free from such duties, to a port
ofthe United Stabs- Bui the conduct of
the party in this C*P® was altogether differ
ent. He enteredthe river St. Mary’a, the
boundary between the United States and
Florida, and took i* B position on the Span
ish side, on which in the whole extent of
the river, thgre vas no town, no port, nor
custom house, aid scarcely any settlement.
His purpose, therefore, was not to sell his
goods to the infxhitnnts of Florida, but to
citizens of the fJnited States, in exchange
for their productions, which could not be
done without a direct and palpable breach
of our laws. It is known that a regular
systematick plan had been formed by cer
tain other persons for the violation of our
revenue system, which made it the more
necessary to check the proceeding in its
commencement.
> That the unsettled bank of a river so re
- mote from the Spanish garrisons and popu
• laiim could give no protection to any party,
l in (uch a practice, is believed to be in strict
accord with the law of nations. It would
• not have comported with a friendly policy,
i ii Spain herself, lo have established a cus
i lorn house there, since it could have eub-
I served no other purpose, than to elude our
’ revenue laws. But the government of
• Spain did not adopt that measure. On the
• contrary, it is understood that the Captain
• General of Cuba, to whom an application
■ to that effect was madp, by these adventu
f rers, had not acceded to it. The condition
I of those proviices for many years before
, they were ced<d to the United States, need
not, now, be dwelt 00. Inhabited by dis
■ ferent tribes of Indians, and an inroad for
every kiud of a(venturers,the jurisdiction of
Spain may be iid to have been almost ex
clusively contiuad to her garrisons. It cer
, tainly could not extend to places where sbe
had no authority. The rules, therefore,
applicable to settled countries, governed
by laws, could not be deemed so to the des
erts of Florida, and to the occurrences
there. It merits attention, also, that the
Territory had been ceded to the United
States by a treaty, the ratification of which
had not been refused, and which has since
been performed. Under such circumstan
ces, therefore, Spain became less responsi
ble for such acts committed there, and the
United States more at liberty lo exercise
authority, to prevent so great mischief.—
The conduct of this Government has, in ev
ery instance, been conciliatory and friendly
to France. The construction of our reve
nue law, in its application to the cases
which have formed the ground of such se
rious complaint on her part, and the order j
to the collector of St. Mary’s, in accord I
with it, were given two years before these |
cases occurred, and in reference to a breach, j
which was attempted by the subjects of an- j
other power, its application, therefore, |
to the cases in question, was inevitable. As i
soon as the treaty, by which these provinc- •
es were ceded to the United States, was |
ratified, and all danger offurtber breach ofj
our revenue laws ceased, an order was giv-;
en for the release of (he vessel, which had
been seized, and for the dismission of the |
libel, which had been instituted against her.’
The principles of this system of reci
procity, founded on the law of the 3d of
March, 1815, have been since carried into
effect, with the Kingdom of the Nether
lands, Sweden, Prussia, and with Ham-j
burg, Bremen, Lubeck, and Oldenburg,;
with a provision made by subsequent laws,
in regard to the Netherlands, Prussia, Ham- i
burg, and Bremen, that such produce and !
manufactures, as could only be, or most ■
usually were, first shipped from the ports of j
those countries, the same being imported
in vessels, wholly belonging to their sub
jects, should he considered and admitted as
their own manufactures and productions.
The government of Norway has, by an
ordinance, opened the ports of that part ofj
the dominions of the King of Sweden, to the
vessels of the United States, upon the pay
ment of no other or higher duties, than are
paid by the Norwegian vessels, from what
ever place arriving, and with whatever ar
ticles laden. They have requested the re
ciprocal allowance for the vessels of Nor
way in the ports of the United States. As
this privilege is not within the scope of the
act of the 3d of March, 1815, and can only
be granted by Congress; and as it may In
volve the commercial relations of the Uni
on with other nations, the subject is submit
ted to the wisdom of Congress.
I have presented thus fully to your
view our commercial relations with
other powers, that, seeing them in detail
with each power, and knowing the basis on
which they rest, Congress may in its wis
dom decide, whether any change ought to
be made, and, if any, in what respect. If
this basis is unjust or unreasonable, surely
it ought to be abandoned; but if it be just
and reasonable, and any change in it will
make concessions subversive of the princi
ples of equality, and tending in its conse
quences to sap the foundations of our pros
perity, then the reasons are equally strong,
for adhering to the ground already taken,
and supporting it by such further regula
tions as may appear to be proper, should
any additional support be found necessary.
The question concerning the construc
tion of the first article of the treaty of
Ghent, has been, by a joint act of the Repre
sentatives of the United States, and of
Great Rritain, at the court of St. Peters
burg, submitted to the decision of his Im
perial Majesty, the Emperour of Russia.
The result of that submission has not yet
been received. The Commissioners under
the sth article of that treaty not having
been able to agree upon their decision,
their reports to the two Governments, con
formably to the provisions of the treaty,
may be expected at an qarly day.
With Spain the treaty of February 22d,
1819, has been partly carried into execu
tion. Possession of East and West Florida
has been givdh to the United States, but the
officers charged with that service, by an or
der from his CatholiclrMnjesty, delivered
by his Minister to the Secretary of Stnte,
and transmitted by a special agent to the
Capt. Gen. of Cuba, to whom it was direc
ted, and in whom the government of those
provinces was vested, Imve not only omit
ted, in contravention of the orders ot their
sovereign, the performance of the express
stipulation, to deliver over the archives and
documents relating to the property and sov
ereignty of those provinces, all of which it j
was expected would have been delivered,!
either before or when the troops were
withdrawn, but defeated, since, every ef
fort of the United States (o obtain them, es
pecially those of the greatest importance.
This omission has given rise to several in
cidents of a painful nature, the character of
which will be fully disclosed, by the docu
ments which will hereafter be communi
cated.
In every other circumstance the law of
the 3d of March last, for carrying into effect
that treaty has been duly attended to. For
the execution of that part which preserved
in force, for the government of the inhabi
tants, for the term specified, all the civil,
military, and judicial powers, exercised by
the existing government of those provinces,
an adequate number of officers, as was pre
sumed, were appointed, and ordered to
their respective stations. Both provinces
were formed into one territory, and a gov
ernonr appointed for it, but, in considera
tion of the pre-existing division, and of the
distance and difficulty of communication be
tween Pensacola, the residence of the Gov
ernour of West Florida, and St. Augustine,
(hat Governour of East Florida, at
which places, the inconsiderable population
of each province was principally collected,
two Secretaries were appointed, one to re
side at Pensacola, and the other at St. Au
gustine. Due attention was likewise paid
to the execution of the laws of the United
States relating to the revenue, and the slave
trade, which were extended to these prov
inces. The whole territory was divided
into three collection districts, that part ly
ing between the river St. Mary’s and Cape
Florida, forming one, that from the Cape to
the Apalachicola, another, and that from
the Apalachicola to the Perdido, the third.
To these districts, the usual number of rev
enue officers were appointed, and, to secure
the due operation of these laws, ODe judge
and one district attorney were appointed, to
reside at Pensacola, and likewise one judge
and a district attorney to reside at Augus
tine, with a specified boundary between
j them : and one marshal for the whole, with
| authority to appoint a deputy. In carrying
| this law into effect, and especially that part
I relating to the powers of the existing gov
j ernraent of those provinces, it was thought
important, in consideration of the short
: term for which it was to operate, and the
radical change which would be made at the
approaching Congress, to avoid expense,
: to make no appointment which should not
jbe absolutely necessary to give effect to
those powers, to withdraw none of our citi
zens from other pursuits, whereby to sub
ject the government to claims which could
not be gratified, and the parties to losses,
which it would be painful to witness.
It has been seen, with much concern,
that, in the performance of these duties, a
collision arose beetween the Governour of
the territory, and the Judge appointed for
the western district. It was presumed, that
the law under which this transitory govern
ment was organized, and the commissions
which were granted to the officers who
were appointed to execute each branch of
the system, and to which the commissions
were adapted, would have been understood
in the same sense, by them, in which they
were understood by the Executive. Much
allowance is due to officers employed in
each branch of this system, and the more so,
as there is good cause to believe that each
acted under a coviction that he possessed
the power which he undertook to exercise.
Os the officer, holding the principal station,
I think it proper to observe that he accept
ed it with reluctance, in compliance with
the invitation given him, aDd from a high
sense of duty to his country, being willing
to contribute to the consummation of an
event, which would ensure complete pro
tection to an important part of our Union,
which had suffered much from incursion and
invasion, and to the defence of which his
very gallant and patriotick services had
been so signally and usefully devoted.
From the intriiisick difficulty of execu
ting laws deriving their origin from differ
ent sources, and so essentially different in
many important circumstances, the advan
tage, and, indeed, the necessity, of estab
lishing, as soon as may be practicable, a
well organized government over that terri
tory, on the principles of our system, is ap
parent. This subject, therefore, is recom
mended to the early consideration of Con
gress.
In compliance with an injunction of the
law of the 3d of March last, three Commis
sioners have also been appointed, and a
board organized, for carrying into effect
the eleventh article of the Treaty above
recited, making provision for the payment
of such of our citizens, as have well found
ed claims on Spain, of the character speci
fied by that Treaty. This board has enter
ed on its duties, and made some progress
therein. The Commissioner and Survey
or of bis Catholick Majesty, provided for by
the fourth article of the Treaty, have not
yet arrived in the United States, but are
soon expected. As soon as they do arrive,
corresponding appointments will be made,
and every facility be afforded for tbe due
execution of this service-
The Government of His Most Faithful
Majesty, since the termination of the last
session of Congress, has been removed
from Rip Janeiro to Lisbon, where a rev
olution, similar to that which had occurred
in the neighbouring kingdom of Spain, had
in like manner been sanctioned by the ac
cepted an\ i#eigfyiVarlh ol*tJie* reigning
Monnrch. ‘t'he diplomatick intercourse be
tween the United States and the Portugueqp
dominions, interrupted by that important
event, has not yet been resumed, but the
change of internal administration, having
already materially affected the commercial
intercourse of the United States with the
Portuguese dominions, the renewal of the
publick missions between'the two countries
appears to be adviseable at an early day.
I It is understo'that the colonies in Soulh
| America have had great success duriug the
j present year, in the struggle for their inde
j pendence. The new government of Co
lombia has extended its territories and con
siderably augmented its strength, and at
Buenos Ayres, where civil disserition had,
for some lime before, prevailed, greater
harmony, and better order, appear to have
been established. Equal success has at
tended their efforts in the provinces on the
Pacifiek. It has long been manifest that it
would be impossible for Spain to reduce
these colonies, by force, and equally so,
that no conditions, short of their Indepen
dence would be satisfactory to them. It*
may therefore be presumed, and it is ear-■
neatly hoped,that the government of Spain,
guided by enlightened and liberal counsels,
will find it to comport with its interests, and
due to its magnanimity, to terminate this
exhausting controversy on that basis. To
promote this result, by friendly counsel,
with the government of Spain, will be the
object of the government of the United
States.
In conducting the fiscal operations of the
year it has been found necessary to Carry
into full effect the act of the last session of
Congress, authorizing a loan of five millions
of dollars. This sum has been raised on
an average premium of five dollars fifty
nine hundredths per cent. upon stock bear
ing interest at the rate of five per cent, per
ann. redeemable at the option of the gov
ernment after the first day of Jan. 1835.)
There has been issued under the pro
visions of this act four millions seven hun
dred and thirty-five thousand two hun
dred and ninety-six dollars thirty cents, of 5
per cent, stock ; and there has been, or will
be, redeemed during the year, three mil
lions one hundred and ninety-seven thou
sand thirty dollars seventy-one cents of
Louisiana six per cent, deferred stock, and
Mississippi stock. There has, therefore,
been an actual increase of the publick debt,
contracted during the year, of ODe million
five hundred and thirty-eight thousand two
hundred & sixty-six dollars sixty-Dine cents.
The receipts into the treasury from the
Ist of January to the 30th of September
last, have amounted to sixteen millions two
hundred and nineteen thousand one hun
dred and ninety-seven dollars seventy cents,
which, with the balance of one million one
hundred and ninety-eight thousand four
hundred and sixty-one dollars twenty-one
cents in the treasury on the former day,
made the aggregate sum of seventeen mil
lions four hundred and seventeen thousand
six hundred and fifty-eight dollars and nine
ty-one cents.
The payments from the treasury during
the same period have amounted to fifteen
millions six hundred and fifty-five thousand
two hundred and eighty-eight dollars forty
seven cents, leaving in the treasury on the
last mentioned day, the sum of one million
seven hundred and sixty-two thousand three
hundred and seventy dollarsforty-four cents.
It is estimated that the receipts of the fourth
quarter of the year willexceed the demands
which will be made on the treasury, during
the same period, and that the amount in the
treasury, on the 30th of September last
will be increased on the first day of Janua
ry next.
At the close of the last session it was an
ticipated that the progressive diminution
of the publidt revenue in 1819 and 1820,
which had been the result of the languid
state of our foreign commerce in thdtoi
years, had, in the latter year, reached its
extreme point of depression. It has, how
ever, been ascertained that the point was
reached only at the termination of the first
quarter of the present year. From that
time until the 30ih of September last, the
duties secured have exceeded those of the
corresponding quarters of the last year, one
million one hundred and sevenly-two thou
sand dollars ; whilst the amount of deben
tures, issued during the three first quarters
of this year, is nine hundred and fifty-tw o
thousand dollars less than that of the same
quarters of the last year.
There are just grounds to believe that
the improvement which has occurred in the
revenue, during the last mentioned period,
will not only be maintained, but that it will
progressively increase through the ne/J
and several succeeding years, so as to real
ize the results which were presented upon
that subject by the official reports of the
Treasury, at the commencement of the last
session of Congress.
Uoder the influence of the most unfavour
able circumstances, the revenue for (he
next and subsequent years,to the year 1825,
will exceed the demands at present author
ized by law.
It may fairly be presumed, that under
the protection given todomestick manufac
tures, by the existing laws, we shall be
come at no distant period a manufacturing
country, on an extensive gcale. Possess
ing as we do, the raw materials, in such vast
amount, with a capacity to augment them
to an indefinite extent; raising within the
country aliment of every kind,to an amount
far exceeding the demand for home con
sumption, even in the most unfavourable
years, and to be obtained always at a very
moderate price ; skilled also, ns our people
are in the mechanick arts, and in every im
provement calculated to lessen the demand
for, and the price of labour, it is manifest
that their success, in every branch of ilo
inestick industry, may, and will be carried,
under the encouragement given by the pres?
