A compilation of the messages and papers of the presidents

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A COMPILATION

OF THE

MESSAGES AMD PAPERS

OF THE

. PRESIDENTS

Prepared Under the Direction of the Joint Committee

on Printing, of the House and Senate.

Pursuant to an Act of the Fifty-Second Congress

of the United States

(\\ith Additions and Encyclopedic Index
by Private Enterprise)

VOLUME V

PUBLISHED BY

BUREAU OF NATIONAL LITERATURE, IDC.

NEW YORK

Copyright, 1897

BY

JAMES D. RICHARDSON

College
Library

T

81

B97

O97

PAGE

Smithsonian Institution Frontispiece

Africans on Deck of Slaver "Wildfire"— A Cotton Field . 1837

William Henry Harrison (portrait) 1857 B

(Sketch of his Ohio home on tissue)

Mrs. William Henry Harrison (portrait) 1857 ^

John Tyler (portrait) 1887 A

(Sketch of his Virginia home on tissue)

Mrs. John Tyler (portrait) 18870

Incidents of the Seminole Indian War 1929

Henry Clay Addressing the Senate 1961

Facsimile — Page of Webster-Ashburton Treaty .... 2025

Facsimile — Page of Ratification of Above 2026

Fremont Placing Flag on the Rockies 2057

General Scott — General Scott Entering Mexico City . . . 2105

The Battle of Buena Vista, 1847 2121

The Battle of Centre ras, 1847 2I53

Internal Improvements — Bridge Building 2185

James K. Polk (portrait) 2220 B

(Sketch of his Tennessee home on tissue)

Mrs. James K. Polk (portrait) 2220 D

Westward Ho! 2246

Martin Van Buren 1808

WASHINGTON, May p, 184.0.
To the House of Representatives of the United States:

I communicate to the House of Representatives a report* from the
Secretary of State, which, with the documents accompanying it, furnishes
the information requested by their resolution of the 23d of March last.

M. VAN BUREN.

To the Senate of the United States: MAY "' l84°'

In part compliance with the resolution of the Senate of the 29th of
December last, I herewith submit a report f from the Secretary of the
Treasury, with the documents therein referred to.

M. VAN BUREN.

WASHINGTON, May 12, 184.0.
To the Senate of the United States:

I communicate to the Senate a copy of a letter \ from the secretary of
the Territory of Florida, with documents accompanying it, received at the
Department of State since my message of the 2d instant and containing
additional information on the subject of the resolution of the Senate of
the 3oth of December last. M> yAN BURKN

WASHINGTON, May 16, 184.0.
To the House of Representatives of the United States:

I transmit the report of the Secretary of War furnishing a statement
of the amounts paid to persons concerned in negotiating Indian treaties
since 1829, etc., which completes the information called for by the reso-
lution of the House of Representatives dated the 28th January, 1839,
upon that subject and the disbursing officers in the War Department.

M. VAN BUREN.

WASHINGTON, May 18, 184.0.
To the Senate of the United States:

I communicate to the Senate a copy of a letter \ from the governor of
Florida to the Secretary of State, containing, with the documents accom-
panying it, further information on the subject of the resolution of the
Senate of the 3oth of December last. ,, VAN" "RTTRFTsT

* Transmitting correspondence with France, Sweden, Denmark, and Pnissia relating to the sur-
rciuUr to the United States of persons charged with piracy and murder on hoard the United States
schooner Plattxburg in 1^17; correspondence relating to the demand by the charg£ d'affaires of
Great Britain for the surrender of a mutineer in the British armed ship I^ee in 1819; opinion of the
Attorney -Geneial with regard to the right of the President of the United States or the governor
of a State to deliver up, on the demand of any foreign government, persons charged with crime?
committed without the jurisdiction of the United States.

t Relating to the sale or exchange of Government drafts, etc.

+ Relating to bonds of the Territory of Florida.

59

i8oQ Messages and Papers of the Presidents

WASHINGTON, May 21, 184.0.
To the Senate and House of Representatives of the United States:

I communicate to Congress sundry papers, from which it will be per-
ceived that the Imaum of Muscat has transmitted to this country and,
through the agency of the commander of one of his vessels, offered for
my acceptance a present, consisting of horses, pearls, and other articles
of value. The answer of the Secretary of State to a letter from the
agents of the vessel communicating the offer of the present, and my own
letter to the Imaum in reply to one which he addressed to me, were
intended to make known in the proper quarter the reasons which had
precluded my acceptance of the proffered gift. Inasmuch, however, as
the commander of the vessel, with the view, as he alleges, of carrying
out the wishes of his Sovereign, now offers the presents to the Govern-
ment of the United States, I deem it my duty to lay the proposition
before Congress for such disposition as they may think fit to make of it;
and I take the opportunity to suggest for their consideration the adop-
tion of legislative provisions pointing out the course which they may
deem proper for the Executive to pursue in any future instances where
offers of presents by foreign states, either to the Government, its legis-
lative or executive branches, or its agents abroad, may be made under
circumstances precluding a refusal without the risk of giving offense.

The correspondence between the Department of State and our consul
at Tangier will acquaint Congress with such an instance, in which every
proper exertion on the part of the consul to refrain from taking charge
of an intended present proved unavailing. The animals constituting it
may consequently, under the instructions from the Secretary of State,
be expected soon to arrive in the United States, when the authority of
Congress as to the disposition to be made of them will be necessary.

M. VAN BUREN.

WASHINGTON, May 23, 184.0.
To the Senate of the United States:

I transmit a communication from the Secretary of War, together with
the papers therein referred to, relative to the proceedings instituted under
a resolution of Congress to try the title to the Pea Patch Island, in the
Delaware River, and recommend that Congress pass a special act giv-
ing to the circuit court of the district of Maryland jurisdiction to try the

cause< M. VAN BUREN.

JUNE 4, 1840.
To the House of Representatives:

I herewith submit a report from the Secretary of the Treasury, showing
the progress made in complying with the requirements of a resolution
passed February 6, 1839, concerning mineral lands of the United States.

Martin Van Buren 1810

The documents he communicates contain much important information on
the subject of those lands, and a plan for the sale of them is in a course
of preparation and will be presented as soon as completed.

M. VAN BUREN.

WASHINGTON, June 5, 184.0.
To the Senate of the United States:

In compliance with the resolution of the Senate dated the 3Oth Decetn
her, 1839, I transmit herewith che report* of the Secretary of War, fui-
nishing so much of the information called for by said resolution as relates
to the Executive Department under his charge.

M. VAN BUREN.

WASHINGTON, June 5, 184.0.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 3Oth Decembei
1839, I communicate the reportf of the Secretary of War, containing the
information called for by that resolution as far as it relates to the Depart *
ment under his charge. M yAN BTJREN.

WASHINGTON, June 6, 184.0.
To the House of Representatives:

I herewith submit a report from the Secretary of the Treasury, in rela-
tion to certain lands falling within the Chickasaw cession which have
been sold at Chocchuma and Columbus, in Mississippi, and invite the
attention of Congress to the subject of further legislation in relation to

them> M. VAN BUREN.

WASHINGTON, June 13, 184.0.
To the House of Representatives:

I communicate to the House of Representatives a report \ from the
Secretary of State, with documents, containing the information requested
by their resolution of the 26th of May last. -., VAN

WASHINGTON, June 19, 184.0.

The SPEAKER, OP THE HOUSE OF REPRESENTATIVES OF THE UNITED

STATES.

SIR: I transmit a communication from the Secretary of the Navy,
suggesting that an appropriation of $50,000 be made by Congress to

* Relating to the refusal of banks to pay the Government demands in specie since the genera',
resumption in 1838, and the payment of Government creditors in depreciated currency.

f Relating to the manner in which the public funds have been paid out by disbursing officers and
agents during 1838 and 1839.

J Relating- to charges preferred by Dr. John Baldwin, of Louisiana, against Marmaduke Bur-
roughs, consul at Yera Cruz,

i8n Messages and Papers of the Presidents

meet claims of navy pensioners, payable on the ist of July next, reim-
bursable by a transfer of stocks belonging to the fund at their nominal
value to the amount so appropriated, and respectfully recommend the
measure to the consideration and action of Congress.

M. VAN BUREN.

WASHINGTON, June 22, 184.0.
To the Senate of the United States:

I lay before you, for your consideration, a treaty of commerce and
navigation between the United States of America and His Majesty
the King of Hanover, signed by their ministers on the soth day of May
last.

M. VAN BUREN.

WASHINGTON, June 27, 184.0.
To the Senate:

The importance of the subject to the tranquillity of our country makes
it proper that I should communicate to the Senate, in addition to the
information heretofore transmitted in reply to their resolution of the i yth
of January last, the copy of a letter just received from Mr. Fox, announ-
cing the determination of the British Government to consent to the prin-
ciples of our last proposition for the settlement of the question of the
northeastern boundary, with a copy of the answer made to it by the Sec-
retary of State. I can not doubt that, with the sincere disposition which
actuates both Governments to prevent any other than an amicable termi-
nation of the controversy, it will be found practicable so to arrange the
details of a conventional agreement on the principles alluded to as to
effect that object.

The British commissioners, in their report communicated by Mr. Fox,
express an opinion that the true line of the treaty of 1783 is materially
different from that so long contended for by Great Britain. The report
is altogether ex parte in its character, and has not yet, as far as we are
informed, been adopted by the British Government. It has, however,
assumed a form sufficiently authentic and important to justify the belief
that it is to be used hereafter by the British Government in the discus-
sion of the question of boundary; and as it differs essentially from the
line claimed by the United States, an immediate preparatory exploration
and survey on our part, by commissioners appointed for that purpose, of
the portions of the territory therein more particularly brought into view
would, in my opinion, be proper. If Congress concur with me in this
view of the subject, a provision by them to enable the Executive to carry
it into effect will be necessary.

M. VAN BUREN.

Martin Van Buren 1812

Mr. Fox to Mr. Forsyth.

WASHINGTON, June 22, 1840.
Hon. JOHN FORSYTH, etc.:

The undersigned, Her Britannic Majesty's envoy extraordinary and minister pleni-
potentiary, has the honor to transmit to the Secretary of State of the United States,
by order of his Government, the accompanying printed copies of a report and map
which have been presented to Her Majesty's Government by Colonel Mudge and
Mr. Featherstonhaugh, the commissioners employed during the last season to survey
the disputed territory.

The undersigned is instructed to say that it will of course have become the duty
of Her Majesty's Government to lay the said report and map before Parliament; but
Her Majesty's Government have been desirous, as a mark of courtesy and considera-
tion toward the Government of the United States, that documents bearing upon a
question of so much interest and importance to the two countries should in the first
instance be communicated to the President. The documents had been officially
placed in the hands of Her Majesty's Government only a few days previously to the
date of the instruction addressed to the undersigned.

Her Majesty's Government feel an unabated desire to bring the long-pending ques-
tions connected with the boundary between the United States and the British posses-
sions in North America to a final and satisfactory settlement, being well aware that
questions of this nature, as long as they remain open between two countries, must be
the source of frequent irritation on both sides and are liable at any moment to lead to
events that may endanger the existence of friendly relations.

It is obvious that the questions at issue between Great Britain and the United
States must be beset with various and really existing difficulties, or else those ques-
tions would not have remained open ever since the year 1783, notwithstanding the
frequent and earnest endeavors made by each Government to bring them to an
adjustment; but Her Majesty's Government do not relinquish the hope that the
sincere desire which is felt by both parties to arrive at an amicable settlement will at
length be attended with success.

The best clew to guide the two Governments in their future proceedings may per-
haps be obtained by an examination of the causes of past failure; and the most promi-
nent amongst these causes has certainly been a want of correct information as to the
topographical features and physical character of the district in dispute.

This want of adequate information may be traced as one of the difficulties which
embarrassed the Netherlands Government in its endeavors to decide the points sub-
mitted to its arbitration in 1830. The same has been felt by the Government in
England; it has been felt and admitted by the Government of the United States, and
even by the local government of the contiguous State of Maine.

The British Government and the Government of the United States agreed, there-
fore, two years ago that a survey of the disputed territory by a joint commission
would be the measure best calculated to elucidate and solve the questions at issue.
The President proposed such a commission and Hei Majesty's Government con-
sented to it, and it was believed by Her Majesty's Government that the general
principles upon which the commission was to be guided in its local operations had
been settled by mutual agreement, arrived at by means of a correspondence which
took place between the two Governments in 1837 and 1838. Her Majesty's Govern-
ment accordingly transmitted in April of last year, for the consideration of the Presi-
dent, the draft of a convention to regulate the proceedings of the proposed commis-
sion. The preamble of that draft recited textually the agreement that had been come
to by means of notes which had been exchanged between the two Governments, and
the articles of the draft were framed, as Her Majesty's Government considered, in
strict conformity with that agreement.

1813 Messages and Papers of the Presidents

But the Government of the United States did not think proper to assent to the
convention so proposed.

The United States Government did not, indeed, allege that the proposed convention
was at variance with the result of the previous correspondence between the two Gov-
ernments, but it thought that the convention would establish a commission of " mere
exploration and survey," and the President was of opinion that the step next to be
taken by the two Governments should be to contract stipulations bearing upon the
face of them the promise of a final settlement under some form or other and within a
reasonable time.

The United States Government accordingly transmitted to the undersigned, for
communication to Her Majesty's Government, in the month of July last a counter
draft of convention varying considerably in some parts (as the Secretary of State of
the United States admitted in his letter to the undersigned of the 29th of July last)
from the draft proposed by Great Britain, but the Secretary of State added that the
United States Government did not deem it necessary to comment upon the alterations
so made, as the text itself of the counter draft would be found sufficiently perspicuous.

Her Majesty's Government might certainly well have expected that some reasons
would have been given to explain why the United States Government declined to
confirm an arrangement which was founded upon propositions made by that Govern-
ment itself and upon modifications to which that Government had agreed, or that
if the American Government thought the draft of convention thus proposed was not
in conformity with the previous agreement it would have pointed out in what respect
the two were considered to differ.

Her Majesty's Government, considering the present state of the boundary ques-
tion, concur with the Government of the United States in thinking that it is on
every account expedient that the next measure to be adopted by the two Govern-
ments should contain arrangements which will necessarily lead to a final settlement,
and they think that the convention which they proposed last year to the President,
instead of being framed so as to constitute a mere commission of exploration and
survey, did, on the contrary, contain stipulations calculated to lead to the final
ascertainment of the boundary between the two countries.

There was, however, undoubtedly one essential difference between the British
draft and the American counter draft, 'ihe British draft contained no provision
embodying the principle of arbitration; the American counter draft did contain
such a provision.

The British draft contained no provision for arbitration, because the principle of
arbitration had not been proposed on either side during the negotiations upon which
that draft was founded, and because, moreover, it was understood at that time that
the principle of arbitration would be decidedly objected to by the United States.

But as the United States Government hav- now expressed a wish to embody the
principle of arbitration in the proposed convention, Her Majesty's Government are
perfectly willing to accede to that wish.

The undersigned is accordingly instructed to state officially to Mr. Forsyth that
Her Majesty's Government consent to the two principles which form the main foun-
dation of the American counter draft, namely: First, that the commission to be
appointed shall be so constituted as necessarily to lead to a final settlement of the
questions of boundary at issue between the two countries, and, secondly, that in
order to secure such a result the convention by which the commission is to be cre-
ated shall contain a provision for arbitration upon points as to which the British and
American commissioners may not be able to agree.

The undersigned is, however, instructed to add that there are many matters of
detail in the American counter draft which Her Majesty's Government can not
adopt. The undersigned will be furnished from his Government, by an early oppor-
tunity, with an amended draft in conformity with the principles above stated, to be

Martin Van Buren 1814

submitted to the consideration of the President. And the undersigned expects to be
at the same time furnished with instructions to propose to the Government of the
United States a fresh, local, and temporary convention for the better prevention
of incidental border collisions within the disputed territory during the time that
may be occupied in carrying through the operations of survey or arbitration.

The undersigned avails himself of this occasion to renew to the Secretary of State
the assurance of his distinguished consideration. „

Mr. Forsyth to Mr. Fox.

DEPARTMENT OP STATE,
H. S. Fox, Esq., etc.: Washington, June 26, 1840.

The undersigned, Secretary of State of the United States, has had the honor to
receive a note addressed to him on the 22d instant by Mr. Fox, envoy extraordi-
nary and minister plenipotentiary of Great Britain, inclosing printed copies of the
report and map laid before the British Government by the commissioners employed
during the last season to survey the territory in dispute between the two countries,
and communicating the consent of Her Britannic Majesty's Government to the two
principles which form the main foundation of the counter proposition of the United
States for the adjustment of the question.

The undersigned, having laid Mr. Fox's note before the President, is instructed to
say in answer that the President duly appreciates the motives of courtesy which
prompted the British Government to communicate to that of the United States the
documents referred to, and that he derives great satisfaction from the announcement
that Her Majesty's Government do not relinquish the hope that the sincere desire
which is felt by both parties to arrive at an amicable settlement will at length be
attended with success, and from the prospect held out by Mr. Fox of his being accord-
ingly furnished by an early opportunity with the draft of a proposition amended in
conformity with the principles to which Her Majesty's Government has acceded, to
be submitted to the consideration of this Government.

Mr. Fox states that his Government might have expected that when the American
counter draft was communicated to him some reasons would have been given to
explain why the United States Government declined accepting the British draft of
convention, or that if it thought the draft was not in conformity with previous agree-
ment it would have pointed out in what respect the two were considered to differ.

In the note which the undersigned addressed to Mr. Fox on the 2gth July of last
year, transmitting the American counter draft, he stated that in consequence of the
then recent events on the frontier and the danger of collision between the citizens
and subjects of the two Governments a mere commission of exploration and survey
would be inadequate to the exigencies of the occasion and fall behind the just expec-
tations of the people of both countries, and referred to the importance of having the
measure next adopted bear upon its face stipulations which must result in a final
settlement under some form and in a reasonable time. These were the reasons
which induced the President to introduce in the new project the provisions which
he thought calculated for the attainment of so desirable an object, and which in his
opinion rendered obviously unnecessary any allusion to the previous agreements
referred to by Mr. Fox. The President is gratified to find that a concurrence in those
views has brought the minds of Her Majesty's Government to a similar conclusion,
and from this fresh indication of harmony in the wishes of the two cabinets he
permits himself to anticipate the most satisfactory result from the measure under
consideration.

The undersigned avails himself of the opportunity to offer to Mr. Foy renewed
assurances of his distinguished consideration. TOHV FORSYTH

1815 Ales sages and Papers of the Presidents

WASHINGTON, June 29, 184.0.
To the Senate of the United States:

I transmit, in answer to a resolution of the Senate of the i2th of March
last, a communication of the Secretary of War, accompanied by such
information as could be obtained in relation to the military and naval
preparations of the British authorities on the northern frontier of the
United States from I^ake Superior to the Atlantic Ocean.

M. VAN BUREN.

WAR DEPARTMENT, June 27 ; 1840.
The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor to transmit herewith a report of the Commanding General,
embracing the substance of the answers of the several officers who were applied to
to furnish the information required by a resolution of the Senate of the I2th March
last, referred by you to this Department, requesting the President to communicate to
the Senate, if in his judgment compatible with the public interests, any information
which may be in the possession of the Government, or which can be conveniently
obtained, of the military and naval preparations of the British authorities on the
northern frontier of the United States from Lake Superior to the Atlantic Ocean,
distinguishing the permanent from the temporary and field works, and particularly
by noticing those which are within the claimed limits of the United States.

This report and a letter of General Scott on the subject, which was transmitted to
the Senate on the 2yth of March last, furnish all the information the Department is
in possession of in relation to the requirements of the above resolution.
Very respectfully, your most obedient servant,

J. R. POINSETT.

HEADQUARTERS OF THE ARMY,

Washington, June 26, 1840.
The SECRETARY OF WAR.

SIR: I have the honor to report that in obedience to your instructions letters have
been addressed to the various officers who it was supposed might be able to procure
the information required by the resolution of the Senate of the I2th of March, to wit:
' ' Resolved, That the President of the United States be requested to communicate to
the Senate, if in his judgment compatible with the public interest, any information
which maybe in possession of the Government, orwhich can be conveniently obtained,
of the military and naval preparations of the British authorities on the northern fron-
tier of the United States from Lake Superior to the Atlantic Ocean, distinguishing
the permanent from the temporary and field works, and particularly by noting those
which are within the claimed limits of the United States." In. answer to the letter
addressed to him on the subject, and with regard to the Senate's resolution as far as
relates to "military preparations of the British authorities on the northern frontier
of the United States," General Scott communicates the following facts: That he.has
paid but little attention to the forts and barracks erected by the British authorities
near the borders of Maine above Frederickton, in New Brunswick, or in Upper
Canada above Cornwall, being of the fixed opinion that all such structures would be
of little or no military value to either of the parties in the event of a new war between
the United States and Great Britain; that he was last summer at the foot of Lake
Superior, and neither saw nor heard of any British fort or barracks on the St. Marvs
River; that between Lakes Huron and Erie the British have three sets of barracks —
one at Windsor, opposite to Detroit; one at Sandwich, a little lower down; and the
third at Maiden, 18 miles below the first — all built of sawed logs, strengthened by

Martin I 'an Buren 1816

blockhouses, loopholes, etc. ; that Maiden has long been a military post, with slight
defenses; these have been recently strengthened. The works at Sandwich and Wind-
sor have also, he thinks, been erected within the last six or eight months. That near
the mouth of the Niagara the British have two small forts — George and Mississauga;
both existed during the last war; the latter may be termed a permanent work. Slight
barracks have been erected within the last two years on the same side near the Falls
and at Chippewa, with breastworks at the latter place, but nothing, he believes, above
the work first named on the Niagara which can be termed a fort.

That since the commencement of recent troubles and (consequent thereon) within
our own limits Fort William Henry, at Kingston, and Fort Wellington, opposite to
Ogdensburg (old works), have both been strengthened within themselves, besides
the addition of dependencies. These forts may be called permanent. That on the
St. Lawrence below Prescott, and confronting our territory, he knows of no other
military post. Twelve miles above, at Brockville, there may be temporary barracks
and breastworks; that he knows that of late Brockville has been a military station.

That in the system of defenses on the approaches to Montreal the Isle aux Noix,
a few miles below our line, and in the outlet of Lake Champlain, stands at the head.
This island contains within itself a system of permanent works of great strength; on
them the British Government has from time to time expended much skill and labor.

That Odletown, near our line, on the western side of Lake Champlain, has been
a station for a body of Canadian militia for two years, to guard the neighborhood
from refugee incendiaries from our side. He thinks that barracks have been erected
there for the accommodation of those troops, and also at a station, with the like
object, near Alburgh, Vt. He believes that there are no important British forts or
extensive British barracks on our borders from Vermont to Maine. In respect to
such structures on the disputed territory, that Governor Fairfield's published letters
contain fuller information than has reached him through any other channel; that
he has heard of no new military preparations by the British authorities on the St.
Croix or Passamaquoddy Bay.

That among such preparations, perhaps he ought not to omit the fact that Great
Britain, besides numerous corps of well-organized and well-instructed militia, has at
this time within her North American Provinces more than 20,000 of her best regular
troops. The whole of those forces might be brought to the verge of our territory in
a few days. Two-thirds of that regular force has arrived out since the spring of
[838. General Scott states that he has had the honor to report directly to the Secre-
tary of War with regard to the naval force recently maintained upon the American
lakes by Great Britain. In answer to a similar letter to that addressed to General
Scott, General Brady writes from Detroit that the only permanent work of which he
has any knowledge is the one at Fort Maiden, which has in the last year been thor-
oughly repaired, and good substantial barracks of wood have been erected within the
works, sufficient, he thinks, to contain six if not eight hundred men; that the timber
on the island of Bois Blanc has been partly taken off and three small blockhouses
erected on the island. These are all the military improvements he knows of between
the mouth of Detroit River and the outlet of Lake Superior. That temporary bar-
racks of wood capable of containing perhaps 150 men have been erected opposite to
Detroit; that some British militia are stationed along the St. Clair River.

Colonel Bankhead writes that of the military and naval preparations of the British
on the northern frontier of the United States, he can only state that Fort Mississauga,
nearly opposite our Fort Niagara, has been enlarged and strengthened; that per-
manent and extensive barracks were commenced last summer at Toronto and are
probably completed by this time, and that a large vessel for a steamer was being con-
structed last fall at Niagara City by and for the service of the Government; that the
British Government has on Lake Ontario a steamboat commanded and officered by
officers of the navy, and is commissioned, he presumes, as a Government vessel;

Messages and Papers of the Presidents

that the authorities of Upper Canada had last summer in their service on Lake Erie
two steamboats, which were at first hired from citizens of Buffalo, but which they
subsequently purchased, as he was informed.

Lieutenant-Colonel Crane writes from Buffalo that the only military work in that
vicinity undergoing repairs (within his knowledge) is Fort Mississauga, at the
mouth of the Niagara River, on the Canada side, which the English have been
repairing and extending for two years past, and it is believed to be now in a very
efficient state; that there have been rumors of armed steamers being built or build-
ing at Chippewa, but on inquiry he could learn of none except the ordinary steam-
boats for the navigation of the lakes. It has been said, however, that one is building
on Lake Ontario by the English, and intended for the revenue service, but he does
not know what truth there is in this statement.

Lieutenant-Colonel Pierce reports from Plattsburg that he has no knowledge of
any military or naval preparations of the British authorities on the line of frontier
adjacent to his command, comprising what is generally called the Lake Champlain
frontier, except the introduction of troops at Odletown and Napierville, near the
boundary line between New York and Canada, on the west side of the lake, and also
the establishment of a line of posts from Missisquoi Bay, on the east side of the lake,
along and near to the Vermont frontier as far as the Connecticut River, the erection
of a new barrack and fieldwork at St. John, and the repairs and armament of the
Isle aux Noix, with increased force at both of these posts; that none of the posi-
tions so occupied by British troops are within the claimed limits of the United States;
that these military preparations (it has been heretofore understood)' have been made
by the British authorities to suppress rebellion and insurrection among the Canadian
population.

Captain Johnson reports from Fort Brady that he has heard nothing on the sub-
ject of the resolution but mere rumors, and that there is no appearance of any works
going up anywhere on the Canada side of the St. Marys River. The files of the
Adjutant-General's Office have been examined, but no further information has been
elicited.

Respectfully submitted.

ALEX. MACOMB,

Major-General.

WASHINGTON, June 29, 1840.
To the House of Representatives of the United States:

I transmit herewith a communication of the Secretary of War, accom-
panied by a report of the Commanding General of the Army, embracing
all the information which can be obtained in answer to a resolution of
the House of Representatives of the 6th of April, 1840, requesting to be
furnished with any information in possession of the executive department
showing the military preparation of Great Britain by introducing troops
into Canada or New Brunswick or erecting or repairing fortifications
on our northern or northeastern boundary or by preparing naval arma-
ments on any of the great northern lakes, and what preparations, if any,
have been made by this Government to put the United States, and espe-
cially those frontiers, in a posture of defense against Great Britain in case
of war.

M. VAN BUREN.

Martin Van Buren 1818

WASHINGTON CITY, June 29, 184.0.
To the House of Representatives of the United States:

I transmit the inclosed report of the Secretary of War, with accom-
panying documents, furnishing all the information the Department has
been able to obtain in relation to any violation of or desire on the part
of Great Britain to annul the agreement entered into between that Gov-
ernment and the United States in the month of April, 1817, relative to
the naval force to be maintained upon the American lakes, called for by
a resolution of the House of Representatives of the gth March last.

M. VAN BUREN.

Hon. R. M. JOHNSON,

President of the Senate.

SIR: I transmit herewith to the Senate a statement from the Secretary
of the Navy of the transfers which have been made since the commence-
ment of the present year from different appropriations for the naval
service to other appropriations for the same service, which had become
necessary for the public interests.

The law under which these transfers were made conveys no authority
for refunding the different amounts which may be transferred. On the
contrary, so soon as the appropriations for the year shall pass and the
means be furnished for refunding these sums the repayments would be
prohibited by the law of 3d March, 1809, in relation to general transfers.

Some authority to refund the amounts which may be transferred under
the law of 3oth of June, 1834, seems so obviously indispensable to any
'jeneficial exercise of the power which it grants that its omission may be
presumed to have been accidental.

The subject is respectfully referred to the consideration of Congress
for such action as they may deem proper to accomplish the restoration
of these transfers, and thus confirm the original appropriations as they
are established by Congress, instead of leaving their expenditure discre-
tionary with the Executive. M yAN BTJREN>

JULY 2, 1840.

[The same message was addressed to the Speaker of the House c
Representatives.]

WASHINGTON, Jidy 20, 184.0.
To the Senate of the United States:

I transmit herewith, in reply to the resolution of the Senate of the
nth March last, a report* from the Secretary of War, accompanied by
a communication and other documents from the Commissioner of Indian

Affairs- M. VAN BUREN.

* Relating to purchases of Indian lands since the establishment of the Federal Government.

1819 Messages and Papers of the Presidents

JULY 25, 1840.

The President of the United States, in pursuance of a resolution of the
Senate of the aoth instant, herewith transmits to the honorable Secretary
of the Senate a copy of the report of Captain M. C. Perry in relation to
the light-houses of England and France.

M. VAN BUREN.

EXECUTIVE ORDER.

WASHINGTON CITY, March 31, 184.0.

The President of the United States, finding that different rules prevail
at different places as well in respect to the hours of labor by persons
employed on the public works under the immediate authority of himself
and the Departments as also in relation to the different classes of work-
men, and believing that much inconvenience and dissatisfaction would
be removed by adopting a uniform course, hereby directs that all such
persons, whether laborers or mechanics, be required to work only the
number of hours prescribed by the ten-hour system.

M. VAN BUREN.

FOURTH ANNUAL MESSAGE.

WASHINGTON, December 5, 184.0.
Fellow-Citizens of the Senate and House of Representatives:

Our devout gratitude is due to the Supreme Being for having gra-
ciously continued to our beloved country through the vicissitudes of
another year the invaluable blessings of health, plenty, and peace. Sel-
dom has this favored land been so generally exempted from the ravages
of disease or the labor of the husbandman more amply rewarded, and
never before have our relations with other countries been placed on a
more favorable basis than that which they so happily occupy at this crit-
ical conjuncture in the affairs of the world. A rigid and persevering
abstinence from all interference with the domestic and political relations
of other States, alike due to the genius and distinctive character of our
Government and to the principles by which it is directed; a faithful
observance in the management of our foreign relations of the practice of
speaking plainly, dealing justly, and requiring truth and justice in return
as the best conservatives of the peace of nations; a strict impartiality in
our manifestations of friendship in the commercial privileges we concede
and those we require from others — these, accompanied by a disposition as

Martin Van Buren 1820

prompt to maintain in every emergency our own rights as we are from
principle averse to the invasion of those of others, have given to our
country and Government a standing in the great family of nations of
which we have just cause to be proud and the advantages of which are
experienced by our citizens throughout every portion of the earth to
which their enterprising and adventurous spirit may carry them. Few,
if any, remain insensible to the value of our friendship or ignorant of
the terms on which it can be acquired and by which it can alone be
preserved.

A series of questions of long standing, difficult in their adjustment and
important in their consequences, in which the rights of our citizens
and the honor of the country were deeply involved, have in the course
of a few years (the most of them during the successful Administration of
my immediate predecessor) been brought to a satisfactory conclusion;
and the most important of those remaining are, I am happy to believe,
in a fair way of being speedily and satisfactorily adjusted.

With all the powers of the world our relations are those of honorable
peace. Since your adjournment nothing serious has occurred to inter-
rupt or threaten this desirable harmony. 'If clouds have lowered above
the other hemisphere, they have not cast their portentous shadows upon
our happy shores. Bound by no entangling alliances, yet linked by a
common nature and interest with the other nations of mankind, our
aspirations are for the preservation of peace, in whose solid and civiliz-
ing triumphs all may participate with a generous emulation. Yet it
behooves us to be prepared for any event and to be always ready to main-
tain those just and enlightened principles of national intercourse for
which this Government has ever contended. In the shock of contend-
ing empires it is only by assuming a resolute bearing and clothing
themselves with defensive armor that neutral nations can maintain their
independent rights.

The excitement which grew out of the territorial controversy between
the United States and Great Britain having in a great measure subsided,
it is hoped that a favorable period is approaching for its final settlement.
Both Governments must now be convinced of the dangers with which
the question is fraught, and it must be their desire, as it is their interest,
that this perpetual cause of irritation should be removed as speedily as
practicable. In my last annual message you were informed that the
proposition for a commission of exploration and survey promised by
Great Britain had been received, and that a counter project, including
also a provision for the certain and final adjustment of the limits in
dispute, was then before the British Government for its consideration.
The answer of that Government, accompanied by additional propositions
of its own, was received through its minister here since your separation.
These were promptly considered, such as were deemed correct in prin-
ciple and consistent with a due regard to the just rights of the United

1821 Messages and Papers of the Presidents

States and of the State of Maine concurred in, and the reasons for dis-
senting from the residue, with an additional suggestion on our part, com-
municated by the Secretary of State to Mr. Fox. That minister, not
feeling himself sufficiently instructed upon some of the points raised in
the discussion, felt it to be his duty to refer the matter to his own Gov-
ernment for its further decision. Having now been for some time under
its advisement, a speedy answer may be confidently expected. From the
character of the points still in difference and the undoubted disposition
of both parties to bring the matter to an early conclusion, I look with
entire confidence to a prompt and satisfactory termination of the nego-
tiation. Three commissioners were appointed shortly after the adjourn-
ment of Congress under the act of the last session providing for the
exploration and survey of the line which separates the States of Maine
and New Hampshire from the British Provinces. They have been
actively employed until their progress was interrupted by the inclem-
ency of the season, and will resume their labors as soon as practicable in
the ensuing year.

It is understood that their respective examinations will throw new
light upon the subject in controversy and serve to remove any erroneous
impressions which may have been made elsewhere prejudicial to the rights
of the United States. It was, among other reasons, with a view of pre-
venting the embarrassments which in our peculiar system of govern-
ment impede and complicate negotiations involving the territorial rights
of a State that I thought it my duty, as you have been informed on a
previous occasion, to propose to the British Government, through its
minister at Washington, that early steps should be taken to adjust the
points of difference on the line of boundary from the entrance of Lake
Superior to the most northwestern point of the Lake of the Woods by
the arbitration of a friendly power in conformity with the seventh article
of the treaty of Ghent. No answer has yet been returned by the British
Government to this proposition.

With Austria, France, Prussia, Russia, and the remaining powers of
Europe I am happy to inform you our relations continue to be of the
most friendly character. With Belgium a treaty of commerce and navi-
gation, based upon liberal principles of reciprocity and equality, was
concluded in March last, and, having been ratified by the Belgian Gov-
ernment, will be duly laid before the Senate. It is a subject of congratu-
lation that it provides for the satisfactory adjustment of a long-standing
question of controversy, thus removing the only obstacle which could
obstruct the friendly and mutually advantageous intercourse between the
two nations. A messenger has been dispatched with the Hanoverian
treaty to Berlin, where, according to stipulation, the ratifications are to be
exchanged. I am happy to announce to you that after many delays and
difficulties a treaty of commerce and navigation between the United
States and Portugal was concluded and signed at Lisbon on the 26th of

Martin Van Buren i822v

August last by the plenipotentiaries of the two Governments. Its stipu-
lations are founded upon those principles of mutal liberality and advan-
tage which the United States have always sought to make 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 appropriation of the last session of Congress an agent has
been sent to Germany for the purpose of promoting the interests of our
tobacco trade.

The commissioners appointed under the convention for the adjustment
of claims of citizens of the United States upon Mexico having met and
organized at Washington in August last, the papers in the possession
of the Government relating to those claims were communicated to the
board. The claims not embraced by that convention are now the subject
of negotiation between the two Governments through the medium of our
minister at Mexico.

Nothing has occurred to disturb the harmony of our relations with
the different Governments of South America. I regret, however, to be
obliged to inform you that the claims of our citizens upon the late Repub-
lic of Colombia have not yet been satisfied by the separate Governments
into which it has been resolved.

The charge d'affaires of Brazil having expressed the intention of his
Government not to prolong the treaty of 1828, it will cease to be obliga-
tory upon either party on the I2th day of December, 1841, when the
extensive commercial intercourse between the United States and that
vast Empire will no longer be regulated by express stipulations.

It affords me pleasure to communicate to you that the Government of
Chili has entered into an agreement to indemnify the claimants in the
case of the Macedonian for American property seized in 1819, and to
add that information has also been received which justifies the hope of
an early adjustment of the remaining claims upon that Government.

The commissioners appointed in pursuance of the convention between
the United States and Texas for marking the boundary between them
have, according to the last report received from our commissioner, sur-
veyed and established the whole extent of the boundary north along
the western bank of the Sabine River from its entrance into the Gulf of
Mexico to the thirty-second degree of north latitude. The commission
adjourned on the i6th of June last, to reassemble on the ist of Novem-
ber for the purpose of establishing accurately the intersection of the
thirty-second degree of latitude with the western bank of the Sabine and
the meridian line thence to Red River. It is presumed that the work
will be concluded in the present season.

The present sound condition of their finances and the success with
which embarrassments in regard to them, at times apparently insurmount-
able, have been overcome are matters upon which the people and Gov-
ernment of the United States may well congratulate themselves. An

1823 Messages and Papers of the Presidents

overflowing Treasury, however it may be regarded as an evidence of
public prosperity, is seldom conducive to the> permanent welfare of any
people, and experience has demonstrated its incompatibility with the
salutary action of political institutions like those of the United States.
Our safest reliance for financial efficiency and independence has, on the
contrary, been found to consist in ample resources unencumbered with
debt, and in this respect the Federal Government occupies a singularly
fortunate and truly enviable position.

When I entered upon the discharge of my official duties in March, 1837,
the act for the distribution of the surplus revenue was in a course of rapid
execution. Nearly $28,000,000 of the public moneys were, in pursuance
of its provisions, deposited with the States in the months of January, April,
and July of that year. In May there occurred a general suspension of
specie payments by the banks, including, with very few exceptions, those
in which the public moneys were deposited and upon whose fidelity the
Government had unfortunately made itself dependent for the revenues
which had been collected from the people and were indispensable to the
public service.

This suspension and the excesses in banking and commerce out of
which it arose, and which were greatly aggravated by its occurrence,
made to a great extent unavailable the principal part of the public
money then on hand, suspended the collection of many millions accruing
on merchants' bonds, and greatly reduced the revenue arising from cus-
toms and the public lands. These effects have continued to operate in
various degrees to the present period, and in addition to the decrease
in the revenue thus produced two and a half millions of duties have been
relinquished by two biennial reductions under the act of 1833, and prob-
ably as much more upon the importation of iron for railroads by special
legislation.

Whilst such has been our condition for the last four years in relation to
revenue, we have during the same period been subjected to an unavoida-
ble continuance of large extraordinary expenses necessarily growing out
of past transactions, and which could not be immediately arrested with-
out great prejudice to the public interest. Of these, the charge upon the
Treasurv in consequence of the Cherokee treaty alone, without adverting
to others arising out of Indian treaties, has already exceeded $5,000,000;
that for the prosecution of measures for the removal of the Seminole
Indians, which were found in progress, has been nearly fourteen millions,
and the public buildings have required the unusual sum of nearly three
millions.

It affords me, however, great pleasure to be able to say that from the
commencement of this period to the present day every demand upon the
Government, at home or abroad, has been promptly met. This has been
done not only without creating a permanent debt or a resort to addi-
tional taxation in any form, but in the midst of a steadily progressive

Martin Van Buren 1824

reduction of existing burdens upon the people, leaving still a consider-
able balance of available funds which will remain in the Treasury at the
end of the year. The small amount of Treasury notes, not exceeding
$4,500,000, still outstanding, and less by twenty-three millions than the
United States have in deposit with the States, is composed of such only
as are not yet due or have not been presented for payment. They may
be redeemed out of the accruing revenue if the expenditures do not
exceed the amount within which they may, it is thought, be kept with-
out prejudice to the public interest, and the revenue shall prove to be as
large as may justly be anticipated.

Among the reflections arising from the contemplation of these circum-
stances, one, not the least gratifying, is the consciousness that the Gov-
ernment had the resolution and the ability to adhere in every emergency
to the sacred obligations of law, to execute all its contracts according to
the requirements of the Constitution, and thus to present when most
needed a rallying point by which the business of the whole country
might be brought back to a safe and unvarying standard — a result vitally
important as well to the interests as to the morals of the people. There
can surely now be no difference of opinion in regard to the incalculable
evils that would have arisen if the Government at that critical moment
had suffered itself to be deterred from upholding the only true standard
of value, either by the pressure of adverse circumstances or the violence of
unmerited denunciation. The manner in which the people sustained
the performance of this duty was highly honorable to their fortitude and
patriotism. It can not fail to stimulate their agents to adhere under all
circumstances to the line of duty and to satisfy them of the safety with
which a course really right and demanded by a financial crisis may in a
community like ours be pursued, however apparently severe its imme-
diate operation.

The policy of the Federal Government in extinguishing as rapidly as
possible the national debt, and subsequently in resisting every temp-
tation to create a new one, deserves to be regarded in the same favor-
able light. Among the many objections to a national debt, the certain
tendency of public securities to concentrate ultimately in the coffers
of foreign stockholders is one which is every day gathering strength.
Already have the resources of many of the States and the future indus-
try of their citizens been indefinitely mortgaged to the subjects of Euro-
pean Governments to the amount of twelve millions annually to pay the
constantly accruing interest on borrowed money — a sum exceeding half
the ordinary revenues of the whole United States. The pretext which
this relation affords to foreigners to scrutinize the management of our
domestic affairs, if not actually to intermeddle with them, presents a sub-
ject for earnest attention, not to say of serious alarm. Fortunately, the
Federal Government, with the exception of an obligation entered into
in behalf of the District of Columbia, which must soon be discharged,

1825 Messages and Papers of the Presidents

is wholly exempt from any such embarrassment. It is also, as is
believed, the only Government which, having fully and faithfully paid
all its creditors, has also relieved itself entirely from debt. To main-
tain a distinction so desirable and so honorable to our national character
should be an object of earnest solicitude. Never should a free people,
if it be possible to avoid it, expose themselves to the necessity of having
to treat of the peace, the honor, or the safety of the Republic with the
governments of foreign creditors, who, however well disposed they may
be to cultivate with us in general friendly relations, are nevertheless
by the law of their own condition made hostile to the success and per-
manency of political institutions like ours. Most humiliating may be
the embarrassments consequent upon such a condition. Another objec-
tion, scarcely less formidable, to the commencement of a new debt is
its inevitable tendency to increase in magnitude and to foster national
extravagance. He has been an unprofitable observer of events who
needs at this day to be admonished of the difficulties which a govern-
ment habitually dependent on loans to sustain its ordinary expenditures
has to encounter in resisting the influences constantly exerted in favor
of additional loans: by capitalists, who enrich themselves by government
securities for amounts much exceeding the money they actually advance —
a prolific source of individual aggrandizement in all borrowing countries;
by stockholders, who seek their gains in the rise and fall of public stocks;
and by the selfish importunities of applicants for appropriations for works
avowedly for the accommodation of the public, but the real objects of
which are too frequently the advancement of private interests. The
known necessity which so many of the States will be under to impose
taxes for the payment of the interest on their debts furnishes an addi-
tional and very cogent reason why the Federal Government should
refrain from creating a national debt, by which the people would be
exposed to double taxation for a similar object. We possess within our-
selves ample resources for every emergency, and we may be quite sure
that our citizens in no future exigency will be unwilling to supply the
Government with all the means asked for the defense of the country.
In time of peace there can, at all events, be no justification for the crea-
tion of a permanent debt by the Federal Government. Its limited range
of constitutional duties may certainly under such circumstances be per-
formed without such a resort. It has, it is seen, been avoided during
four years of greater fiscal difficulties than have existed in a similar
period since the adoption of the Constitution, and one also remarkable
for the occurrence of extraordinary causes of expenditures.

But to accomplish so desirable an object two things are indispensable:
First, that the action of the Federal Government be kept within the
boundaries prescribed by its founders, and, secondly, that all appropria-
tions for objects admitted to be constitutional, and the expenditure of
them also, be subjected to a standard of rigid but well-considered and

Martin Van Buren 1826

practical economy. The first depends chiefly on the people themselves —
the opinions they form of the true construction of the Constitution and
the confidence they repose in the political sentiments of those they select
as their representatives in the Federal Legislature; the second rests upon
the fidelity with which their more immediate representatives and other
public functionaries discharge the trusts committed to them. The duty of
economizing the expenses of the public service is admitted on all hands;
yet there are few subjects upon which there exists a wider difference of
opinion than is constantly manifested in regard to the fidelity with which
that duty is discharged. Neither diversity of sentiment nor even mutual
recriminations upon a point in respect to which the public mind is so
justly sensitive can well be entirely avoided, and least so at periods of
great political excitement. An intelligent people, however, seldom fail
to arrive in the end at correct conclusions in such a matter. Practical
economy in the management of public affairs can have no adverse influ-
ence to contend with more powerful than a large surplus revenue, and the
unusually large appropriations for 1837 may without doubt, independ-
ently of the extraordinary requisitions for the public service growing out
of the state of our Indian relations, be in no inconsiderable degree traced
to this source. The sudden and rapid distribution of the large surplus
then in the Treasury and the equally sudden and unprecedentedly severe
revulsion in the commerce and business of the country, pointing with
unerring certainty to a great and protracted reduction of the revenue,
strengthened the propriety of the earliest practicable reduction of the
public expenditures.

But to change a system operating upon so large a surface and applicable
to such numerous and diversified interests and objects was more than
the work of a day. The attention of every department of the Govern-
ment was immediately and in good faith directed to that end, and has
been so continued to the present moment. The estimates and appropria-
tions for the year 1838 (the first.over which I had any control) were some-
what diminished. The expenditures of 1839 were reduced $6,000,000.
Those of 1840, exclusive of disbursements for public debt and trust
claims, will probably* not exceed twenty-two and a half millions, being
between two and three millions less than those of the preceding year and
nine or ten millions less than those of 1837. Nor has it been found
necessary in order to produce this result to resort to the power conferred
by Congress of postponing certain classes of the public works, except by
deferring expenditures for a short period upon a limited portion of them,
and which postponement terminated some time since — at the moment
the Treasury Department by further receipts from the indebted banks
became fully assured of its ability to meet them without prejudice to the
public service in other respects. Causes are in operation which will,
it is believed, justify a still further reduction without injury to any
important national interest. The expenses of sustaining the troops

1827 Messages and Papers of the Presidents

employed in Florida have been gradually and greatly reduced through
the persevering efforts of the War Department, and a reasonable hope
may be entertained that the necessity for military operations in that
quarter will soon cease. The removal of the Indians from within our
settled borders is nearly completed. The pension list, one of the heav-
iest charges upon the Treasury, is rapidly diminishing by death. The
most costly of our public buildings are either finished or nearly so, and
we may, I think, safely promise ourselves a continued exemption from
border difficulties.

The available balance in the Treasury on the ist of January next is
estimated at $1,500,000. This sum, with the expected receipts from all
sources during the next year, will, it is believed, be sufficient to enable
the Government to meet every engagement and have a suitable balance
in the Treasury at the end of the year, if the remedial measures con-
nected with the customs and the public lands heretofore recommended
are adopted and the new appropriations by Congress shall not carry the
expenditures beyond the official estimates.

The new system established by Congress for the safe-keeping of the
public money, prescribing the kind of currency to be received for the pub-
lic revenue and providing additional guards and securities against losses,
has now been several months in operation. Although it might be pre-
mature upon an experience of such limited duration to form a definite
opinion in regard to the extent of its influences in correcting many evils
under which the Federal Government and the country have hitherto
suffered, especially those that have grown out of banking expansions, a
depreciated currency, and official defalcations, yet it is but right to say
that nothing has occurred in the practical operation of the system to
weaken in the slightest degree, but much to strengthen, the confident
anticipations of its friends. The grounds of these have been heretofore
so fully explained as to require no recapitulation. In respect to the
facility and convenience it affords in conducting the public sendee, and
the ability of the Government to discharge through its agency every
duty attendant on the collection, transfer, and disbursement of the pub-
lic money with promptitude and success, I can say with confidence that
the apprehensions of those who felt it to be their duty to oppose its
adoption have proved to be unfounded. On the contrary, this branch
of the fiscal affairs of the Government has been, and it is believed may
always be, thus carried on with every desirable facility and security.
A few changes and improvements in the details of the system, without
affecting any principles involved in it, will be submitted to you by the
Secretary of the Treasury, and will, I am sure, receive at your hands that
attention to which they may on examination be found to be entitled.

I have deemed this brief summary of our fiscal affairs necessary to the
due performance of a duty specially enjoined upon me by the Constitu-
tion. It will serve also to illustrate more fully the principles by which

Martin Van Bur en 1828

I have been guided in reference to two contested points in our public
policy which were earliest in their development and have been more
important in their consequences than any that have arisen under our com-
plicated and difficult, yet admirable, system of government. I allude
to a national debt and a national bank. It was in these that the polit-
ical contests by which the country has been agitated ever since the adop-
tion of the Constitution in a great measure originated, and there is too
much reason to apprehend that the conflicting interests and opposing
principles thus marshaled will continue as heretofore to produce similar
if not aggravated consequences.

Coming into office the declared enemy of both, I have earnestly
endeavored to prevent a resort to either.

The consideration that a large public debt affords an apology, and
produces in some degree a necessity also, for resorting to a system
and extent of taxation which is not only oppressive throughout, but is like-
wise so apt to lead in the end to the commission of that most odious of all
offenses against the principles of republican government, the prostitu-
tion of political power, conferred for the general benefit, to the aggran-
dizement of particular classes and the gratification of individual cupidity,
is alone sufficient, independently of the weighty objections which have
already been urged, to render its creation and existence the sources of
bitter and unappeasable discord. If we add to this its inevitable ten-
dency to produce and foster extravagant expenditures of the public
moneys, by which a necessity is created for new loans and new burdens
on the people, and, finally, refer to the examples of every government
which has existed for proof, how seldom it is that the system, when once
adopted and implanted in the policy of a country, has failed to expand
itself until public credit was exhausted and the people were no longer
able to endure its increasing weight, it seems impossible to resist the
conclusion that no benefits resulting from its career, no extent of con-
quest, no accession of wealth to particular classes, nor any nor all its com-
bined advantages, can counterbalance its ultimate but certain results — a
splendid government and an impoverished people.

If a national bank was, as is undeniable, repudiated by the framers of
the Constitution as incompatible with the rights of the States and the
liberties of the people; if from the beginning it has been regarded by
large portions of our citizens as coming in direct collision with that great
and vital amendment of the Constitution which declares that all powers
not conferred by that instrument on the General Government are reserved
to the States and to the people; if it has been viewed by them as the first
great step in the march of latitudinous construction, which unchecked
would render that sacred instrument of as little value as an unwritten
constitution, dependent, as it would alone be, for its meaning on the
interested interpretation of a dominant party, and affording no security
to the rights of the minority — if such is undeniably the case, what rational

1829 Messages and Papers of the Presidents

grounds could have been conceived for anticipating aught but determined
opposition to such an institution at the present day.

Could a different result have been expected when the consequences
which have flowed from its creation, and particularly from its struggles
to perpetuate its existence, had confirmed in so striking a manner the
apprehensions of its earliest opponents; when it had been so clearly dem-
onstrated that a concentrated money power, wielding so vast a capital and
combining such incalculable means of influence, may in those peculiar
conjunctures to which this Government is unavoidably exposed prove an
overmatch for the political power of the people themselves; when the true
character of its capacity to regulate according to its will and its interests
and the interests of its favorites the value and production of the labor and
property of every man in this extended country had been so fully and
fearfully developed; when it was notorious that all classes of this great
community had, by means of the power and influence it thus possesses,
been infected to madness with a spirit of heedless speculation; when it
had been seen that, secure in the support of the combination of influences
by which it was surrounded, it could violate its charter and set the laws
at defiance with impunity; and when, too, it had become most apparent
that to believe that such an accumulation of powers can ever be granted
without the certainty of being abused was to indulge in a fatal delusion?

To avoid the necessity of a permanent debt and its inevitable conse-
quences I have advocated and endeavored to carry into effect the policy
of confining the appropriations for the public service to such objects only
as are clearly within the constitutional authority of the Federal Govern-
ment; of excluding from its expenses those improvident and unauthorized
grants of public money for works of internal improvement which were so
wisely arrested by the constitutional interposition of my predecessor, and
which, if they had not been so checked, would long before this time have
involved the finances of the General Government in embarrassments far
greater than those which are now experienced by any of the States; of
limiting all our expenditures to that simple, unostentatious, and econom-
ical administration of public affairs which is alone consistent with the
character of our institutions; of collecting annually from the customs,
and the sales of public lands a revenue fully adequate to defray all the
expenses thus incurred; but under no pretense whatsoever to impose
taxes upon the people to a greater amount than was actually necessary
to the public service conducted upon the principles I have stated.

In lieu of a national bank or a dependence upon banks of any descrip-
tion for the management of our fiscal affairs, I recommended the adop-
tion of the system which is now in successful operation. That system
affords every requisite facility for the transaction of the pecuniary concerns
of the Government; will, it is confidently anticipated, produce in other
respects many of the benefits which have been from time to time expected
from the creation of a national bank, but which have never been realized;

Martin Van Buren 1830

avoid the manifold evils inseparable from such an institution; diminish
to a greater extent than could be accomplished by any other measure of
reform the patronage of the Federal Government — a wise policy in all
governments, but more especially so in one like ours, which works well
only in proportion as it is made to rely for its support upon the unbi-
ased and unadulterated opinions of its constituents; do away forever all
dependence on corporate bodies either in the raising, collecting, safe-
keeping, or disbursing the public revenues, and place the Government
equally above the temptation of fostering a dangerous and unconstitu-
tional institution at home or the necessity of adapting its policy to the
views and interests of a still more formidable money power abroad.

It is by adopting and carrying out these principles under circumstances
the most arduous and discouraging that the attempt has been made, thus
far successfully, to demonstrate to the people of the United States that a
national bank at all times, and a national debt except it be incurred at
a period when the honor and safety of the nation demand the temporary
sacrifice of a policy which should only be abandoned in such exigencies,
are not merely unnecessary, but in direct and deadly hostility to the
principles of their Government and to their own permanent welfare.

The progress made in the development of these positions appears "n
the preceding sketch of the past history and present state of the finan-
cial concerns of the Federal Government. The facts there stated fully
authorize the assertion that all the purposes for which this Government
was instituted have been accomplished during four years of greater pecun-
iary embarrassment than were ever before experienced in time of peace,
and in the face of opposition as formidable as any that was ever before
arrayed against the policy of an Administration; that this has been done
when the ordinary revenues of the Government were generally decreas-
ing as well from the operation of the laws as the condition of the country,
without the creation of a permanent public debt or incurring any liability
other than such as the ordinary resources of the Government will speedily
discharge, and without the agency of a national bank.

If this view of the proceedings of the Government for the period it
embraces be warranted by the facts as they are known to exist; if the
Army and Navy have been sustained to the full extent authorized by
law, and which Congress deemed sufficient for the defense of the country
and the protection of its rights and its honor; if its civil and diplomatic
service has been equalty sustained; if ample provision has been made for
the administration of justice and the execution of the laws; if the claims
upon public gratitude in behalf of the soldiers of the Revolution have
been promptly met and faithfully discharged; if there have been no fail-
ures in defraying the very large expenditures growing out of that long-
continued and salutary policy of peacefully removing the Indians to
regions of comparative safety and prosperity ; if the public faith has at
all times and everywhere been most scrupulously maintained by a prompt

1831 Messages and Papers of the Presidents

discharge of the numerous, extended, and diversified claims on the Treas
ury — if all these great and permanent objects, with many others that
might be stated, have for a series of years, marked by peculiar obstacles
and difficulties, been successfully accomplished without a resort to a per-
manent debt or the aid of a national bank, have we not a right to expect
that a policy the object of which has been to sustain the public service
independently of either of these fruitful sources of discord will receive
the final sanction of a people whose unbiased and fairly elicited judgment
upon public affairs is never ultimately \vrong?

That embarrassments in the pecuniary concerns of individuals of unex-
ampled extent and duration have recentty existed in this as in other
commercial nations is undoubtedly true. To suppose it necessary now
to trace these reverses to their sources would be a reflection on the intel-
ligence of my fellow-citizens. Whatever may have been the obscurity
in which the subject was involved during the earlier stages of the revul-
sion, there can not now be many by whom the whole question is not
fully understood.

Not deeming it within the constitutional powers of the General Govern-
ment to repair private losses sustained by reverses in business having
no connection with the public service, either by direct appropriations
fro.i the Treasury or by special legislation designed to secure exclu-
sive privileges and immunities to individuals or classes in preference to
or at the expense of the great majority necessarily debarred from any
participation in them, no attempt to do so has been either made, recom-
mended, or encouraged by the present Executive.

It is believed, however, that the great purposes for the attainment of
which the Federal Government was instituted have not been lost sight
of. Intrusted only with certain limited powers, cautiously enumerated,
distinctly specified, and defined with a precision and clearness which
would seem to defy misconstruction, it has been my constant aim to
confine myself within the limits so clearly marked out and so carefully
guarded. Having always been of opinion that the best preservative of
the union of the States is to be found in a total abstinence from the
exercise of all doubtful powers on the part of the Federal Government
rather than in attempts to assume them by a loose construction of the
Constitution or an ingenious perversion of its words, I have endeavored
to avoid recommending any measure which I had reason to apprehend
would, in the opinion even of a considerable minority of my fellow-citizens,
be regarded as trenching on the rights of the States or the provisions of
the hallowed instrument of our Union. Viewing the aggregate powers
of the Federal Government as a voluntary concession of the States, it
seemed to me that such only should be exercised as were at the time
intended to be given.

I have been strengthened, too, in the propriety of this course by the
conviction that all efforts to go beyond this tend only to produce dis-

Martin Van Buren 1832

satisfaction and distrust, to excite jealousies, and to provoke resistance.
Instead of adding strength to the Federal Government, even when suc-
cessful they must ever prove a source of incurable weakness by alien-
ating a portion of those whose adhesion is indispensable to the great
aggregate of united strength and whose voluntary attachment is in my
estimation far more essential to the efficiency of a government strong in
the best of all possible strength — the confidence and attachment of all
those who make up its constituent elements.

Thus believing, it has been my purpose to secure to the whole people
and to every member of the Confederacy, by general, salutary, and equal
laws alone, the benefit of those republican institutions which it was the
end and aim of the Constitution to establish, and the impartial influence
of which is in my judgment indispensable to their preservation. I can
not bring myself to believe that the lasting happiness of the people, the
prosperity of the States, or the permanency of their Union can be main-
tained by giving preference or priority to any class of citizens in the dis-
tribution of benefits or privileges, or by the adoption of measures which
enrich one portion of the Union at the expense of another; nor can I see
in the interference of the Federal Government with the local legisla-
tion and reserved rights of the States a remedy for present or a security
against future dangers.

The first, and assuredly not the least, important step toward reliev-
ing the country from the condition into which it had been plunged by
excesses in trade, banking, and credits of all kinds was to place the busi-
ness transactions of the Government itself on a solid basis, giving and
receiving in all cases value for value, and neither countenancing nor
encouraging in others that delusive system of credits from which it has
been found so difficult to escape, and which has left nothing behind it
but the wrecks that mark its fatal career.

That the financial affairs of the Government are now and have been
during the whole period of these wide-spreading difficulties conducted
with a strict and invariable regard to this great fundamental principle,
and that by the assumption and maintenance of the stand thus taken
on the very threshold of the approaching crisis more than by any other
cause or causes whatever the community at large has been shielded from
the incalculable evils of a general and indefinite suspension of specie
payments, and a consequent annihilation for the whole period it might
have lasted of a just and invariable standard of value, will, it is believed,
at this period scarcely be questioned.

A stead}7 adherence on the part of the Government to the policy which
has produced such salutary results, aided by judicious State legislation
and, what is not less important, by the industry, enterprise, persever-
ance, and economy of the American people, can not fail to raise the whole
country at an early period to a state of solid and enduring prosperity;
not subject to be again overthrown by the suspension of banks or the

1833 Messages and Papers of the Presidents

explosion of a bloated credit system. It is for the people and their rep-
resentatives to decide whether or not the permanent welfare of the coun-
try (which all good citizens equally desire, however widely they may
differ as to the means of its accomplishment) shall be in this way secured,
or whether the management of the pecuniary concerns of the Govern-
ment, and by consequence to a great extent those of individuals also,
shall be carried back to a condition of things which fostered those con-
tractions and expansions of the currency and those reckless abuses of
credit from the baleful effects of which the country has so deeply suf-
fered— a return that can promise in the end no better results than to
reproduce the embarrassments the Government has experienced, and
to remove from the shoulders of the present to those of fresh victims the
bitter fruits of that spirit of speculative enterprise to which our country-
men are so liable and upon which the lessons of experience are so una-
vailing. The choice is an important one, and I sincerely hope that it
may be wisely made.

A report from the Secretary of War, presenting a detailed view of the
affairs of that Department, accompanies this communication.

The desultory duties connected with the removal of the Indians, in
which the Army has been constantly engaged on the northern and west-
ern frontiers and in Florida, have rendered it impracticable to carry into
full effect the plan recommended by the Secretary for improving its dis-
cipline. In every instance where the regiments have been concentrated
they have made great progress, and the best results may be anticipated
from a continuance of this system. During the last season a part of
the troops have been employed in removing Indians from the interior
to the territory assigned them in the West — a duty which they have
performed efficiently and with praiseworthy humanity — and that portion
of them which has been stationed in Florida continued active operations
there throughout the heats of summer.

The policy of the United States in regard to the Indians, of which a
succinct account is given in my message of 1838, and of the wisdom and
expediency of which I am fully satisfied, has been continued in active
operation throughout the whole period of my Administration. Since the
spring of 1837 more than 40,000 Indians have been removed to their new
homes west of the Mississippi, and I am happy to add that all accounts
concur in representing the result of this measure as eminently beneficial
to that people.

The emigration of the Seminoles alone has been attended with serious
difficulty and occasioned bloodshed, hostilities having been commenced by
the Indians in Florida under the apprehension that they would be com-
pelled by force to comply with their treaty stipulations. The execution
of the treaty of Paynes Landing, signed in 1832, but not ratified until
1834, was postponed at the solicitation of the Indians until 1836, when
they again renewed their agreement to remove peaceably to their new

Martin Van Buren 1834

homes in the West. In the face of this solemn and renewed compact
they broke their faith and commenced hostilities by the massacre of
Major Dade's command, the murder of their agent, General Thompson,
and other acts of cruel treachery. When this alarming and unexpected
intelligence reached the seat of Government, every effort appears to have
been made to reenforce General Clinch, who commanded the troops then
in Florida. General Eustis was dispatched with reenforcements from
Charleston, troops were called out from Alabama, Tennessee, and Geor-
gia, and General Scott was sent to take the command, with ample powers
and ample means. At the first alarm General Gaines organized a force
at New Orleans, and without waiting for orders landed in Florida, where
he delivered over the troops he had brought with him to General Scott.
Governor Call was subsequently appointed to conduct a summer cam-
paign, and at the close of it was replaced by General Jesup. These
events and changes took place under the Administration of my predeces-
sor. Notwithstanding the exertions of the experienced officers who had
command there for eighteen months, on entering upon the administra-
tion of the Government I found the Territory of Florida a prey to Indian
atrocities. A strenuous effort was immediately made to bring those hos-
tilities to a close, and the army under General Jesup was reenforced until
it amounted to 10,000 men, and furnished with abundant supplies of
every description. In this campaign a great number of the enemy were
captured and destroyed, but the character of the contest only was changed.
The Indians, having been defeated in every engagement, dispersed in
small bands throughout the country and became an enterprising, for-
midable, and ruthless banditti. General Taylor, who succeeded General
Jesup, used his best exertions to subdue them, and was seconded in his
efforts by the officers under his command; but he too failed to protect
the Territory from their depredations. By an act of signal and cruel
treachery they broke the truce made with them by General Macomb,
who was sent from Washington for the purpose of carrying into effect
the expressed wishes of Congress, and have continued their devastations
ever since. General Armistead, who was in Florida when General Taylor
left the army by permission, assumed the command, and after active sum-
mer operations was met by propositions for peace, and from the fortunate
coincidence of the arrival in Florida at the same period of a delegation
from the Seminoles who are happily settled west of the Mississippi and
are now anxious to persuade their countrymen to join them there hopes
were for some time entertained that the Indians might be induced tc
leave the Territory without further difficulty. These hopes have proved
fallacious and hostilities have been renewed throughout the whole of the
Territory. That this contest has endured so long is to be attributed to
causes beyond the control of the Government. Experienced generals
have had the command of the troops, officers and soldiers have alike dis-
tin-uished themselves for their activity, patience, and enduring courage,

1835 Messages and Papers of the Presidents

the army has been constantly furnished with supplies of every descrip-
tion, and we must look for the causes which have so long procrastinated
the issue of the contest in the vast extent of the theater of hostilities, the
almost insurmountable obstacles presented by the nature of the country,
the climate, and the wily character of the savages.

The sites for marine hospitals on the rivers and lakes which I was
authorized to select and cause to be purchased have all been designated,
but the appropriation not proving sufficient, conditional arrangements
only have been made for their acquisition. It is for Congress to decide
whether these conditional purchases shall be sanctioned and the humane
intentions cf the law carried into full effect.

The Navy, as will appear from the accompanying report of the Secre-
tary, has been usefully and honorably employed in the protection of our
commerce and citizens in the Mediterranean, the Pacific, on the coast
of Brazil, and in the Gulf of Mexico. A small squadron, consisting of
the frigate Constellation and the sloop of war Boston, under Commodore
Kearney, is now on its way to the China and Indian seas for the purpose
of attending to our interests in that quarter, and Commander Aulick,
in the sloop of war Yorktown, has been instructed to visit the Sandwich
and Society islands, the coasts of New Zealand and Japan, together with
other ports and islands frequented by our whale ships, for the purpose of
giving them countenance and protection should they be required. Other
smaller vessels have been and still are employed in prosecuting the surveys
of the coast of the United States directed by various acts of Congress,
and those which have been completed will shortly be laid before you.

The exploring expedition at the latest date was preparing to leave
the Bay of Islands, New Zealand, in further prosecution of objects which
have thus far been successfully accomplished. The discovery of a new
continent, which was first seen in latitude 66° 2' south, longitude 154°
27' east, and afterwards in latitude 66° 31' south, longitude 153° 40' east,
by Lieutenants Wilkes and Hudson, for an extent of 1,800 miles, but
on which they were prevented from landing by vast bodies of ice which
encompassed it, is one of the honorable results of the enterprise. Lieu-
tenant Wilkes bears testimony to the zeal and good conduct of his officers
and men, and it is but justice to that officer to state that he appears
to have performed the duties assigned him with an ardor, ability, and
perseverance which give every assurance of an honorable issue to the
Undertaking.

The report of the Postmaster- General herewith transmitted will exhibit
the service of that Department the past year and its present condition.
The transportation has been maintained during the year to the full extent
authorized by the existing laws; some improvements have been effected
which the public interest seemed urgently to demand, but not involv-
ing any material additional expenditure; the contractors have generally
performed their engagements with fidelity; the postmasters, with few

Martin Van Buren 1836

exceptions, have rendered their accounts and paid their quarterly bal-
ances with promptitude, and the whole service of the Department has
maintained the efficiency for which it has for several years been distin-
guished.

The acts of Congress establishing new mail routes and requiring more
expensive services on others and the increasing wants of the country
have for three years past carried the expenditures something beyond the
accruing revenues, the excess having been met until the past year by
the surplus which had previously accumulated. That surplus having
been exhausted and the anticipated increase in the revenue not hav-
ing been realized owing to the depression in the commercial business of
the country, the finances of the Department exhibit a small deficiency
at the close of the last fiscal year. Its resources, however, are ample, and
the reduced rates of compensation for the transportation service which
may be expected on the future lettings from the general reduction of
prices, with the increase of revenue that may reasonably be anticipated
from the revival of commercial activity, must soon place the finances of
the Department in a prosperous condition.

Considering the unfavorable circumstances which have existed during
the past year, it is a gratifying result that the revenue has not declined
as compared with the preceding year, but, on the contrary, exhibits a
small increase, the circumstances referred to having had no other effect
than to check the expected income.

It will be seen that the Postmaster- General suggests certain improve-
ments in the establishment designed to reduce the weight of the mails,
cheapen the transportation, insure greater regularity in the sen/ice, and
secure a considerable reduction in the rates of letter postage — an object
highly desirable. The subject is one of general interest to the commi -
nity, and is respectfully recommended to your consideration.

The suppression of the African slave trade has received the continued
attention of the Government. The brig Dolphin and schooner Grampus
have been employed during the last season on the coast of Africa for
the purpose of preventing such portions of that trade as were said to be
prosecuted under the American flag. After cruising off those parts of
the coast most usually resorted to by slavers until the commencement
of the rainy season, these vessels returned to the United States for sup-
plies, and have since been dispatched on a similar service.

From the reports of the commanding officers it appears that the trade
is now principally carried on under Portuguese colors, and they express
the opinion that the apprehension of their presence on the slave coast
has in a great degree arrested the prostitution of the American flag to
this inhuman purpose. It is hoped that by continuing to maintain this
force in that quarter and by the exertions of the officers in command
much will be done to put a stop to whatever portion of this traffic may
have been carried on under the American flag and to prevent its use

1837 Messages and Papers of the Presidents

in a trade which, while it violates the laws, is equally an outrage on the
rights of others and the feelings of humanity. The efforts of the several
Governments who are anxiously seeking to suppress this traffic must,
however, be directed against the facilities afforded by what are now rec-
ognized as legitimate commercial pursuits before that object can be fully
accomplished.

Supplies of provisions, water casks, merchandise, and articles con-
nected with the prosecution of the slave trade are, it is understood,
freely carried by vessels of different nations to the slave factories, and
the effects of the -factors are transported openly from one slave station to
another without interruption or punishment by either of the nations
to which they belong engaged in the commerce of that region. I sub-
mit to your judgments whether this Government, having been the first
to prohibit by adequate penalties the slave trade, the first to declare
it piracy, should not be the first also to forbid to its citizens all trade
with the slave factories on the coast of Africa, giving an example to all
nations in this respect which if fairly followed can not fail to produce
the most effective results in breaking up those dens of iniquity.

M. VAN BUREN.

SPECIAL MESSAGES.

WASHINGTON, December 7, 184.0.
Hon. R. M. T. HUNTER,

Speaker of the House of Representatives.

SIR: I herewith transmit a letter from the Secretary of the Navy, in
relation to the navy pension fund, to which the attention of Congress is
invited, and recommend an immediate appropriation of $151,352.39 to
meet the payment of pensions becoming due on and after the ist of
January, 1841. M VAN BUREN.

WASHINGTON, December 10, 184.0.
To the Senate of the United States:

I transmit, for the action of the Senate, a communication from the
Secretary of War, on the subject of the transfer of Chickasaw stock to
the Choctaw tribe, which the accompanying papers explain.

M. VAN BUREN.

WAR DEPARTMENT, December 10, 1840.
The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor to lay before you a communication from the Commissioner
of Indian Affairs, relative to the transfer of $500,000 Chickasaw stock to the Choctaws
in execution of the compact of i/th January, 1837, between those tribes, that if you

AFRICANS OX DKCK OF SLAVER "WILDFIRE"
(From a daguerreotype)

A COTTON FIELD

THE AFRICAN SLAVE TRADE

One of the considerations which induced all sections to ratify the Con-
stitution was that under it the slave trade would cease in 1808. The trade
continued, however, though men caught at it were subject to the penalties
for piracy. In 1858 the crew of a vessel which, when captured, had more
than 300 Africans aboard, were indicted but acquitted. The laws of the
United States could not be enforced against the slave power in South Carolina.
In Georgia the captain and crew of a vessel which had landed and distributed
300 Africans, were indicted, prosecuted and acquitted. Again the laws of
the United States were powerless. Tiring of the inconvenience of evading
the law, lax as its enforcement was, the South at last demanded the reopening
of the slave trade, although it imported more slaves during each year that the
trade was illegal than during any year when it was allowed. The Federal
Government could enforce the Fugitive Slave Law against the sentiment of
the North, because in the North Federal officers were loyal to the United
States. It could not force its law in any particular upon the South, because
there its agents were loyal to their States, first, last and always.

The daguerreotype shows a portion of a captured slaver's cargo, emaciated
by hunger and dysentery, and beneath the toil for which they were required.

For a discussion of this subject, see the articles entitled " African Slave
Trade " and " Slavery," in the Encyclopedic Index, and turn to the pages
thereafter indicated hi which occur presidential references to the matter.

Martin Van Buren 1838

think it advisable you may assent to the proposed transfer and lay the matter before
the Senate for the sanction of that body.

Very respectfully, your most obedient servant, j ^ POINSETT

WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,

Hon. J. R. POINSETT, December, 1840.

Secretary of War.

SIR: A compact was made on the iyth January, 1837, "subject to the approval of
the President and Senate of the United States, ' ' which it received from the former
on the 24th March, 1837, in conformity with the resolution of the Senate of 25th
February, between the Choctaw and Chickasaw tribes of Indians, of which I have
the honor to inclose a copy.

By this instrument the right to occupy a portion of the Choctaw country west of
the Mississippi was, with certain privileges, secured to the Chickasaws, who agreed
to pay therefor 1530,000, of which $30,000 were paid in 1837, and the remaining
$500,000 it was agreed should be invested under the direction of the Government of
the United States and that the interest should be paid annually to the Choctaws .

There being no money to place in the hands of the United States, but a very large
amount of Chickasaw stock under the direction of the Treasury, the reasonable
desire of the Choctaws that this large fund belonging to them should be put in their
own names on the books of the Government can be gratified by a transfer of so much
of the stock to the Secretary of War for their use, upon which the interest will be
received and paid over to them. This will be an execution of the agreement of the
parties. A sale of stocks to raise the money and then a reinvestment of it accord-
ing to the letter of the compact ought not to be resorted to on account of their
present low price in the market.

In considering this subject in the course of the autumn the thirteenth article of
the treaty of 24th May, 1834, with the Chickasaws was adverted to, by which it is
provided: 'If the Chickasaws shall be so fortunate as to procure a home within the
limits of the United States, it is agreed that, with the consent of the President and
Senate, so much of their invested stock as may be necessary to the purchase of a
country for them to settle in shall be permitted to them to be sold, or the United
States will advance the necessary amount upon a guaranty and pledge of an equal
amount of their stocks." The compact before referred to having been ratified by
the President and Senate, it was doubted whether that was not a virtual consent
to the aoplication of so much of the stock as would be required to pay for the land
and. privileges contracted for by the said compact, and an authority for the transfer
of it. The question was referred to the Attorney-General, who was of opinion that
the transfer could not be legally made without the assent of the President and Sen-
ate to the particular act.

I have therefore respectfully to request that you will lay the matter before the
President, that if he concurs in the propriety of so doing he may give his own and
ask the consent of the Senate to the proposed proceeding.

Very respectfully, your most obedient, T HARTLEY CRAWFORD.

To the Senate: WASHINGTON, December 10, 184.0.

I communicate a report* of the Secretary of State, with the documents
accompanying it, in compliance with the resolution of the Senate of the
2oth of July last. M. VAN BUREN.

* Relating- to sales and donations of public lots in Washington, D.'C.

1839 Messages and Papers of the Presidents

WASHINGTON, December 21, 184.0.
To the Senate of the United States:

I transmit herewith, for the consideration of the Senate with a view to
its ratification, a treaty of commerce and navigation between the United
States of America and His Majesty the King of the Belgians, signed at
Washington on the 29th day of March, 1840.

M. VAN BUREN.

WASHINGTON, December 23, 1840.
To the House of Representatives of the United States:

Herewith I transmit a communication* from the Secretary of the
Treasury and also copies of certain papers accompanying it, which are
believed to embrace the information contemplated by a resolution of the
House of Representatives of the ijth instant.

M. VAN BUREN.

WASHINGTON, December 28, 184.0.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives a report f from
the Secretary of State, with accompanying papers, in answer to their res-
olution of the 2ist instant. M yAN BUREN

WASHINGTON, December 28, 184.0-
To the Senate of the United States:

I transmit herewith, for the consideration of the Senate with a view to
its ratification, a treaty of commerce and navigation between the United
States and Portugal, signed at Lisbon on the 26th day of August, 1840,
and certain letters relating thereto, of which a list is annexed.

M. VAN BUREN.

WASHINGTON, December 20, 184.0.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives a report \ from the
Secretary of State, with accompanying papers, in answer to their resolu-
tion of the 23d instant.

M. VAN BUREN.

* Relating to the suspension of appropriations made at the last session of Congress.

t Transmitting correspondence with Great Britain relative to the burning of the steamboat
Circling at Schlosser, N. Y., December 29, 1837.

\ Transmitting correspondence with Great Britain relative to proceedings on the part of that
Government which may have a tendency to interrupt our commerce with China.

Martin Van Buren 1840

WASHINGTON, January 2, 184.1.
To the House of Representatives of the United States:

I think proper to communicate to the House of Representatives, in
further answer to their resolution of the 2ist ultimo, the correspondence
which has since occurred between the Secretary of State and the British
minister on the same subject.

M. VAN BUREN.

Mr. Fox to Mr. Forsyth.

WASHINGTON, December 20, 1840.
Hon. JOHN FORSYTH, etc.

SIR: I have the honor to acknowledge the receipt of your letter of the 26th instant,
in which, in reply to a letter which I had addressed to you on the I3th, you acquaint
me that the President is not prepared to comply with my demand for the liberation of
Mr. Alexander McLeod, of Upper Canada, now imprisoned at Lockport, in the State
of New York, on a pretended charge of murder and arson, as having been engaged in
the destruction of the piratical steamboat Caroline on the agth of December, 1837.

I learn with deep regret that such is the decision of the President of the United
States, for I can not but foresee the very grave and serious consequences that must
ensue if, besides the injury already inflicted upon Mr. McL,eod of a vexatious and
unjust imprisonment, any further harm should be done to him in the progress of thir
extraordinary proceeding.

I have lost no time in forwarding to Her Majesty's Government in England the
correspondence that has taken place, and I shall await the further orders of Her
Majesty's Government with respect to the important question which that correspond-
ence involves.

But I feel it my duty not to close this communication without likewise testifying
my vast regret and surprise at the expressions which I find repeated in your letter
with reference to the destruction of the steamboat Caroline. I had confidently hoped
that the first erroneous impression of the character of that event, imposed upon the
mind of the United States Government by partial and exaggerated representations,
would long since have been effaced by a more strict and accurate examination of the
facts. Such an investigation must even yet, I am willing to believe, lead the United
States Government to the same conviction with which Her Majesty's authorities on
the spot were impressed — that the act was one, in the strictest sense, of self-defense,
rendered absolutely necessary by the circumstances of the occasion for the safety and
protection of Her Majesty's subjects, and justified by the same motives and princi-
ples which upon similar and well-known occasions have governed the conduct of
illustrious officers of the United States. The steamboat Caroline was a hostile vessel
engaged in piratical war against Her Majesty's people, hired from her owners for
that express purpose, and known to be so beyond the possibility of doubt. The place
where the vessel was destroyed was nominally, it is true, within the territory of a
friendly power, but the friendly power had been deprived through overbearing pirat-
ical violence of the use of its proper authority over that portion of territory. The
authorities of New York had not even been able to prevent the artillery of the State
from being carried off publicly at middav to be used as instruments of war against
Her Majesty's subjects. It was under such circumstances, which it is to be hoped
will never recur, that the vessel was attacked by a party of Her Majesty's people,
captured, and destroyed. A remonstrance against the act in question has been
addressed by the United States to Her Majesty's Government in England. I am not
authorized to pronounce the decision of Her Majesty's Government upon that remon-
strance, but I have felt myself bound to record in the meantime the above opinion,
60

1841 Messages and Papers of the Presidents

in order to protest in the most solemn manner against the spirited and loyal conduct
of a party of Her Majesty's officers and people being qualified, through an unfortu-
nate misapprehension, as I believe, of the facts, with the appellation of outrage or of
murder.

I avail myself of this occasion to renew to you the assurance of my distinguished
consideration. jj c pQ^

Mr. Forsyth to Mr. Fox.

DEPARTMENT OE STATE,

Washington, December 31, 1840.

SIR: I have the honor to acknowledge the receipt of your note of the agth instant,
in reply to mine of the 26th, on the subject of the arrest and detention of Alexander
Mcl/eod as one of the perpetrators of the outrage committed in New York when the
steamboat Caroline was seized and burnt. Full evidence of that outrage has been pre-
sented to Her Britannic Majesty's Government with a demand for redress, and of
course no discussion of the circumstances here can be either useful or proper, nor can
I suppose it to be your desire to invite it. I take leave of the subject with this single
remark, that the opinion so strongly expressed by you on the facts and principles
involved in the demand for reparation on Her Majesty's Government by the United
States would hardly have been hazarded had you been possessed of the carefully col-
lected testimony which has been presented to your Government in support of that
demand.

I avail myself of the occasion to renew to you the assurance of my distinguished
consideration. JQHN FORSYTH.

WASHINGTON, January 4, 184.1.
To the Senate of the United States:

I submit herewith a treaty concluded with the Miami Indians for the
cession of their lands in the State of Indiana. The circumstances attend-
ing this negotiation are fully set forth in the accompanying communi-
cation from the Secretary of War. Although the treaty was concluded
without positive instructions and the usual official preliminaries, its terms
appear to be so advantageous and the acquisition of these lands are deemed
so desirable by reason of their importance to the State of Indiana and the
Government, as well as on account of the Indians themselves, who will
be greatly benefited by their removal west, that I have thought it advis-
able to submit it to the action of the Senate.

M. VAN BUREN.

WAR DEPARTMENT, January 4, 1841
The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor to transmit herewith a treaty concluded with the Miamf
Indians of the State of Indiana, to be laid before the Senate for their ratification if
upon due consideration of the circumstances under which this treaty was negotiated
y.ju should think proper to do so. These circumstances are fully and correctly set
forth in the accompanying communication from the Commissioner of Indian Affairs
to which I beg leave respectfully to refer you.

I have the honor to be, very respectfully, your most obedient servant,

J. R. POINSETT.

Martin Van Buren 1842

WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,

Hon. J. R. POINSETT, Devmber 29, '840.

Secretary of War.

SIR: A treaty made with the Miami tribe of Indians in the State of Indiana on
the 28th day of November last for the residue of their lands in that State has been
unexpectedly received.

Great anxiety has been manifested by the citizens of Indiana and made known by
their representatives in both Houses of Congress that a cession of the Miami land
should be procured, and it seems to have been met by a correspondent disposition
on the part of the leading men among the Indians. On the 25th May last a com-
munication was received from General Samuel Milroy, subagent, etc., expressing
the belief that the Miamies would treat and that their principal chief was desirous
before the close of his life, now drawing near, to effect a negotiation, as in his opin-
ion the emigration or extinction of the tribe were the alternatives before them, and
suggesting that the most judicious course would be to conduct the business inform-
ally at the annuity payment. In reply he was informed on the 2d July that the
Department did not open negotiations for the purchase of Indian lands unless
thereto previously authorized by Congress, and that at the request of a portion of
the representation of Indiana an estimate had been furnished of the sum that would
be required to hold a treaty, and that if the presumed intention of obtaining the
estimate should be realized an effort would be made to execute the purpose for
which the appropriation would be obtained. (Extracts from these letters, so far as
they relate to the subject, are herewith sent, marked A.*) On the 3ist July he
renewed the subject, accompanied by an extract of a letter of 22d July to himself
from Allen Hamilton, esq., the confidential friend of Chief Richardville, urging the
propriety of a negotiation. (B.*)

On the 1 2th August, no appropriation having been made by Congress, a letter was
addressed to you by the Hon. O. H. Smith, of the Senate of the United States from
Indiana, inclosing a letter from Mr. Hamilton, dated on the nth, urging the vast
importance of treating with the Miamies, as well to them as to the State, and giving
the reasons which in the judgment of both led to the conclusion that their par-
ticular case should form an exception to the general rule that obtains in regard of
Indian treaties, and recommending strongly the appointment of General Milroy as
a suitable person to conduct the negotiation. A communication of similar character
(except the last feature), dated 2Oth August, was received from Mr. Milroy. The
letter of the Hon. Mr. Smith was referred by you to this office, and on the 2yth
August, after a conference with you on the subject, I replied that exceptions to the
rule stated might under very peculiar circumstances exist, but that as the Senate
certainly, and it was believed the House too, had rejected an application for an
appropriation, the opening of a negotiation might be considered to be opposed to
an expression of legislative opinion. In answer to the suggestion that little or per-
haps no expense need be incurred, as the treaty could be made at the payment of
the annuities, it was remarked that the consideration money must necessarily be
large, as the Miami lands were very valuable, and an appropriation of it required,
which Congress might be disinclined to grant after what had happened; that it was
therefore deemed advisable to decline treating, and that perhaps a future applica-
tion for legislative sanction might be more successful. Of this letter a copy was
sent to General Milroy as a reply on the subject in hand to his communication of
3ist July, and his letter of 2oth August was further answered on 2d September. ( C.~* )

In consequence of the representations referred to, and probably others which did
not reach me, you addressed me an unofficial note on i4tli September, suggesting that
Allen Hamilton, esq., might at the payment of the annuities make an arrangement
with the Miamies that would be "gratifying to the people as well as beneficial to

* Omitted.

1843 Messages and Papers of the Presidents

the service. " With this expressed wish of the head of the Department, and after
consultation with you, I wrote unofficial letters to General Samuel Milroy and to
Allen Hamilton, esq., on the iSth September, setting forth the views of the Depart-
ment as hereinbefore expressed in regard of precedent legislative sanction and the
importance to Indiana of treating with the Miamies, whose disposition to cede their
remaining lands on just and equitable terms might not continue. It was thought,
however, to be in keeping with the rule adopted to ascertain informally from the
Miamies what they would be willing to take for their lands when it was their pleas-
ure to emigrate, etc. It was doubted whether it would be judicious to reduce the
terms to writing, however informally, on account of the difficulty there might be in
convincing the Indians that it was not a treaty, although it was desirable, if it could
be safely done, that it should be so; and they were informed that a report from
them would answer "all my purposes, as my object is to be able to say to each
branch of Congress upon what terms the Miami lands can be had by the United
States, so that if the terms are approved the necessary law may be passed. ' ' It was
suggested that the annuity payment would afford a good opportunity for procuring
the information desired, which it was expected could be had without any expense,
for which there were no funds, and that if there were it would not be proper to
expend them in the way proposed. (D.*)

I desire to state the facts as they exist so fully as to exhibit precisely what has
been the action of the Department, without going into more detail than may be
necessary, and therefore annex extracts and copies of the papers referred to instead
of embodying them in this communication.

On the 28th day of November last a treaty was concluded by Messrs. Samuel Milroy
and Allen Hamilton with "the chiefs, warriors, and headmen of the Miami tribe
of Indians," which was received here on the igth instant, accompanied by a letter
explanatory of the treaty and stating it to have been made by "the undersigned,
acting under instructions contained in your unofficial letter dated September 18,
1840;" that it was made at the annuity payment, when "the views and instructions
of the Department" were " communicated to the Miami Indians in full council,"
and that "after full consideration of the subject they decided to reduce to treaty
form a proposition or the terms upon which they would consent to cede their remain-
ing lands in Indiana to the United States, subject, as they understand it, to the
approval of the Department and the approval and ratification of the President and
Senate of the United States before being of any binding force or efficiency as a
treaty." With the original treaty I send a copy of the explanatory letter and of a
communication from General Milroy giving the reasons for the money provisions
made for the chief Richardville and the family of Chief Godfrey. (E.*)

It will be thus seen that the negotiation of a treaty was not authorized ; but if in
the opinion of the President and Senate it shall be advisable to adopt and confirm
it, I do not see any legal objection to such a course. The quantity of land ceded is
estimated at about 500,000 acres, for which the consideration is fixed at $550,000, or
$1.10 per acre, of which $250,000 are payable presently and the balance in annual
payments of $15,000, which will be discharged in twenty years. In addition, we
will be bound to remove them west of the Mississippi within five years, the period
stipulated for their emigration, and to subsist them for one year after their arrival.
These are the chief provisions in which the United States are interested. By the
second (it is called in the treaty new submitted the " 22," vhich, if the President
should decide to lay it before the Senate, can be corrected by that body) article of
the treaty of 6th November, 1838, there is reserved from the cession contained in
that instrument 10 miles square for the band of Ma-to-sin-ia, in regard of which UK-:
seventh article says :

" It is further stipulated that the United States convey by patent to Me-shing-go-

* Omitted.

Martin Van Burcn 1844

me-zia, son of Ma-to-sin-ia, the tract of land reserved by the twenty-second article
of the treaty of 6th of November, 1838, to the band of Ma-to-sin-ia."

This is a change as to the title of a reservation heretofore sanctioned and not now
ceded, and so far as the United States are concerned does not vary the aspect of
the present compact. There are reserved to the chief Richardville seven sections
of land, and to him and the family of the deceased chief Godfrey are to be paid,
respectively, considerable sums of money, which it seems from the statement of
General Milroy were debts due to them and acknowledged by the tribe.

The treaty of November, 1838, which was ratified on the 8th February, 1839,
extinguished the Indian title to about 177,000 acres of land and cost the United
States $335,680, or nearly $2 per acre. Measured by this price the present arrange-
ment would seem to be very advantageous. It is stated by Messrs. Milroy and
Hamilton that more favorable terms will not be assented to by the Miamies under any
circumstances, and considering the great importance of the adoption of this compact,
however irregularly made, to the State of Indiana, as well as the belief that any
postponement will probably swallow up what remains to these Indians in debts
which they most improvidently contract and the conviction that nothing can save
them from moral ruin but their removal west, I think it would be judicious in all
views of the matter to adopt and ratify this treaty, and respectfully recommend that
it, with the accompanying papers, be laid before the President, and, if he and you
concur in my views, that the sanction of it by the Senate be asked.

Respectfully submitted.

T. HARTLEY CRAWFORD.

WASHINGTON, January 5, 184.1.
To the Senate of the United States:

I communicate to the Senate sundry papers,* in further answer to its
resolution of the 3Oth of December, 1839, which have been received
from the governor of Florida since the adjournment of the last session
of Congress.

M. VAN BUREN.

WASHINGTON, January 6, 184.1.
Hon. R. M. JOHNSON,

President of the Senate.

SIR: The report of the Secretary of War herewith and the accompa-
nying documents are respectfully submitted in reply to the resolution of
the Senate of June 30, 1840, calling for information in relation to the num-
ber of soldiers enlisted in the late war and entitled to bounty land, etc.

M. VAN BUREN.

WASHINGTON, January 7, 184.1,
Hon. R. M. JOHNSON,

President of the Senate.

SIR: The communication of the Secretarj* of War and the accompany-
ing report of the colonel of Topographical Engineers are respectfully s;.l >
mitted in reply to the resolution of the isth of June last, calling for a

* Relating to bonds of the Territory of Florida.

1845 ftfcssages and Papers of the Presidents

plan and estimate for the improvement of Pennsylvania avenue west of
the President's square and for the construction of a stone bridge across
Rock Creek, etc. M yAN

WASHINGTON, January 18^ 184.1.
To the Senate of the United States:

I herewith transmit to the Senate, in reply to their resolution of the
2oth of July last, a report from the Secretary of State, with accompany-
ing papers.* M yAN BUREN

WASHINGTON, January i?, 184.1.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives a report, with
accompanying papers ,f from the Secretary of State, in answer to the
resolution of the House of the i6th of December last.

M. VAN BUREN.

WASHINGTON, January 22, 184.1.
To the House of Representatives of the United States:

I transmit herewith to the House of Representatives of the United
States a report from the Director of the Mint, exhibiting the operations
of that institution during the year 1840, and I have to invite the special
attention of Congress to that part of the Director's report in relation to
the overvaluation given to the gold in foreign coins by the act of Con-
gress of June 28, 1834, "regulating the value of certain foreign gold
coin within the United States."

Applications have been frequently made at the Mint for copies of med-
als voted at different times by Congress to the officers who distinguished
themselves in the War of the Revolution and in the last war (the dies
for which are deposited in the Mint), and it is cubmitted to Congress
whether authority shall be given to the Mint to strike off copies of those
medals, in bronze or other metal, to supply those persons making appli-
cation for them, at a cost not to exceed the actual expense of striking

them off' M. VAN BUREN.

WASHINGTON, January 29, 184.1.

To the Senate and House of Representatives:

By the report of the Secretary of State herewith communicated and
the accompanying papers it appears that an additional appropriation is

* Correspondence imputing malpractices to N. P. Trist. American consul at Havana, in regard
lo uranium papers to vessels engaged in the slave trade, etc.

t Kelatini; to the origin of any political relations between the United States and the Empire of
China, etc.

Martin Van Buren 1846

necessary if it should be the pleasure of Congress that the preparatory
exploration and survey of the northeastern boundary of the United States

should be completed.

M. VAN BUREN.

WASHINGTON, February i, 184.1.
To the Senate of the United States:

I respectfully transmit herewith a report and accompanying documents
from the Secretary of War, in answer to a resolution of the 226. of Decem-
ber, 1840, requesting the President to transmit to the Senate any infor-
mation in his possession relative to the survey directed by the act of the
1 2th of June, 1838 , entitled ' 'An act to ascertain and designate the bound-
ary line between the State of Michigan and Territory of Wiskonsin."

M. VAN BUREN.

WASHINGTON, February 8, 184.1.
To the Senate and House of Representatives :

I transmit herewith the copy of a report from the commissioners for
the exploration and survey of the northeastern boundary, in addition
to the documents sent to Congress, with reference to a further appropria-
tion for the completion of the duty intrusted to the commission.

M. VAN BUREN.

Report of the commissioners appointed by the President of the United States under
the act of Congress of 2othjuly, 1840, for the purpose of exploring and survey-
ing the boundary line between the States of Maine and New Hampshire and the
British Provinces.

NEW YORK, January 6, 1841.
Hon. JOHN FORSYTE,

Secretary of State.

SIR: The commissioners, having assembler' in this city in conformity with your
orders under date of 2gth of July, beg leave respectfully to report —

That the extent of country and the great length of the boundary line included in
the objects of their commission would have rendered it impossible to have com-
pleted the task assigned them within the limits of a single season. In addition to
this physical impossibility, the work of the present year was entered upon under cir-
cumstances very unfavorable for making any great progress. The law under which
they have acted was passed at the last period of a protracted session, when nearly half
of the season during which working parties can be kept in the field had elapsed; and
although no delay took place in the appointment of commissioners to carry it into
effect, the organization of the board was not effected, in consequence of the refusal of
one of the commissioners and the agent to accept of their nomination. The com-
missioners, acting tinder these disadvantages, have done all that lay in their power
to accomplish the greatest practicable extent of work, and have obtained many results
which can not but be important in the examination of the vexed and important
question which has been committed to them; but after having fully and maturely
considered the subject and interchanged the results of their respective operations

1847 Messages and Papers of the Presidents

they have come to the conclusion that it would be premature to embody the partial
results which they have attained in a general report for the purpose of being laid
before the political and scientific world. The meridian line of the St. Croix has not
been carried to a distance of more than 50 miles from the monument at the source of
that river, and the operations of the other commissioners, although they have cov-
ered a wide extent of country, have fulfilled but one part of the duty assigned them,
namely, that of exploration; while even in the parts explored actual surveys will be
necessary for the purpose of presenting the question in such form as can admit of no
cavil. In particular, the results of the examination of the most northern part of the
line appear to differ in some points from the conclusions of the late British commis-
sion. Satisfied that the latter have been reached in too hasty a manner and without
a sufficient time having been expended upon comparative observations, they are
cautioned by this example against committing a like error. In respect to the argu-
mentative part of the report of the British commissioners, the duty of furnishing a
prompt and immediate reply to such parts of it as rest upon the construction of trea-
ties and the acts of diplomacy has been rendered far less important than it might at
one time have appeared by the publication of the more important parts of the argu-
ment laid before the King of the Netherlands as umpire. This argument, the delib-
erate and studied work of men who well understood the subject, is a full exposition
of the grounds on which the claim of the United States to the whole of the disputed
territory rests. It has received the sanction of successive Administrations of opposite
politics, and may therefore be considered, in addition to its original official character,
as approved by the whole nation. To this publication your commission beg leave to
refer as embodying an argument which may be styled unanswerable.

The operations of the parties under the command of the several commissioners
were as follows:

The party under the direction of Professor Renwick left Portland in detachments
on the 26th and 27th of August. The place of general rendezvous was fixed at
Woodstock, or, failing that, at the Grand Falls of the St. John. The commissarj
of the party proceeded as speedily as possible to Oldtown, in order to procure boats
and engage men. Professor Renwick passed by land through Brunswick, Gardi-
ner, and Augusta. At the former place barometer No. I was compared with that
of Professor Cleaveland, at Gardiner with that of Hallowel Gardiner, esq. ; and
arrangements were made with them to keep registers, to be used as corresponding
observations with those of the expedition. At Augusta some additional articles of
equipment were obtained from the authorities of the State, but the barometer which
it had been hoped might have been procured was found to be unfit for service. • At
Houlton two tents and a number of knapsacks, with some gunpowder, were furnished
by the politeness of General Eustis from the Government stores.

The boats and all the stores reached Woodstock on the 3d September, and all the
party were collected except one engineer, who had been left behind at Bangor in
the hopes of obtaining another barometer. A bateau was therefore left to bring him
on. The remainder of the boats were loaded, and the party embarked on the St.
John on the morning of the 4th of September. This, the main body, reached the
Grand Falls at noon on the 8th of September. The remaining bateau, with the engi-
neer, arrived the next evening, having ascended the rapids of the St. John in a time
short beyond precedent. On its arrival it was found that the barometer, on whose
receipt reliance had been placed, had not been completed in time, and although, as
V.MS learnt afterwards, it had been committed as soon as finished by the maker to
the rare of Major Graham, the other commissioners felt compelled to set out before
lie had joined them. The want of this barometer, in which defects observed in the
others had been remedied, was of no little detriment.

A delay of eighteen days had occurred in Portland in consequence of the refusal
of Messrs. Cleaveland and Jar vis to accept their appointments, and it was known from

Martin Van Buren 1848

the experience of the commissioners sent out in 1838 by the State of Maine that it
would require at least three weeks to reach the line claimed by the United States
from Bangor. It was therefore imperative to push forward, unless the risk of hav-
ing the whole of the operations of this party paralyzed by the setting in of winter
was to be encountered. It was also ascertained at the Grand Falls that the streams
which were to be ascended were always shallow and rapid, and that at the moment
they were extremely low, so that the boats would not carry more stores than would
be consumed within the time required to reach the region assigned to Professor Ren-
wick as his share of the duty and return. It became, therefore, necessary, as it had
been before feared it must, to be content with an exploration instead of a close and
accurate survey. Several of the men employed had been at the northern extremity
of the meridian line, but their knowledge was limited to that single object. Inquiry
was carefully made for guides through the country between the sources of the Grande
Fourche of Restigouche and of Tuladi, but none were to be found. One Indian only
had passed from the head of Green River to the Grande Fourche, but his knowledge
was limited to a single path, in a direction not likely to shed any light on the object
of the commission. He was, however, engaged. The French hunters of Madawaska
had never penetrated beyond the sources of Green River, and the Indians who for-
merly resided on the upper waters of the St. John were said to have abandoned the
country for more than twelve years.

The party was now divided into four detachments, the first to proceed down the
Restigouche to the tide of the Bay of Chaleurs, the second to ascend the Grande
Fourche of Restigouche to its source, the third to be stationed on Green River
Mountain, the fourth to convey the surplus stores and heavy baggage to Lake Temis-
couata and thence to ascend the Tuladi and Abagusquash to the highest accessible
point of the latter. It was resolved that the second and fourth detachments should
endeavor to cross the country and meet each other, following as far as possible the
height of land. A general rendezvous was again fixed at Lake Temiscouata.

In compliance with this plan, the first and second detachments ascended the
Grande River together, crossed the Wagansis portage, and reached the confluence
of the Grande Fourche and southwest branch of Restigouche.

The first detachment then descended the united stream, returned by the same
course to the St. John, and reached the portage at Temiscouata on the yth October.
All the intended objects of the detachment were happily accomplished.

The second detachment, under the personal direction of the commissioner, reached
the junction of the north and south branches of the Grande Fourche on the 22d Sep-
tember. Two engineers, with two men to carry provisions, were then dispatched to
cross the country to the meridian line, and thence to proceed westward to join the
detachment at Kedgwick Lake. This duty was performed and many valuable obser-
vations obtained, but an accident, by which the barometer was broken, prevented
all the anticipated objects of the mission from being accomplished.

All the stores which could possibly be spared were now placed in a depot at the
junction of the south branch, and the commissioner proceeded with the boats thus
lightened toward Kedgwick Lake. The lightening of the boats was rendered neces-
sary in consequence of the diminution of the volume of the river and the occurrence
of falls, over which it would have been impossible to convey them when fully loaded.
For want of a guide, a branch more western than that which issues from the lake
was entered. One of the boats was therefore sent round into the lake to await the
return of the engineers dispatched to the meridian line. The stores, which were all
that could be brought up in the state of the waters, were now found to be wholly
insufficient to allow of committing the party to the imexplored country between this
stream and Tuladi. Fyven the four days which must intervene before the return of
the engineers could be expected would do much to exhaust them. The commis-
sioner therefore resolved to proceed across the country, with no other companion

1849 Messages and Papers of the Presidents

than two men, carrying ten days' provisions. It was hoped that four or five days
might suffice for the purpose, but ten of great toil and difficulty were spent before
Lake Tuladi was reached. The remainder of the detachment, united by the return
of the engineers, descended the north branch of the Grande Fourche to the junc-
tion of the south branch, ascended the latter, and made the portage to Green River.
In this the boats were completely worn out, and the last of their food exhausted just
at the moment that supplies sent up the Green River to meet them arrived at their
camp.

No arrangement which could have been made would have sufficed to prevent the
risk of famine which was thus encountered by the second detachment. A greater
number of boats would have required more men, and these would have eaten all
they could have carried. No other actual suffering but great fatigue and anxiety
were encountered; and it is now obvious that had the rains which were so abundant
during the first week of October been snow (as they sometimes are in that climate)
there would have been a risk of the detachment perishing.

The third detachment reached their station on Green River Mountain on the I3tb
September and continued there until the I2th October. A full set of barometric
observations was made, the latitude well determined by numerous altitudes, and the
longitude approximately by some lunar observations.

The fourth detachment, after depositing the stores intended for the return of the
party in charge of the British commissary at Fort Ingall, who politely undertook
the care of them, ascended the Tuladi, and taking its northern branch reached Lake
Abagusquash. Here one of the engineers wounded himself severely and was ren-
dered unfit for duty. The commissary then proceeded a journey of five days toward
the east, blazing a path and making signals to guide the second detachment.

The difference between the country as it actually exists and as represented on any
maps prevented the commissioner from meeting this party. It found the source of
the central or main branch of Tuladi to the north of that of the Abagusquash, and
following the height of land reached the deep and narrow valley of the Rimouski
at the point where, on the British maps, that stream is represented as issuing from a
ridge of mountains far north of the line offered to the King of the Netherlands as
the bounds of the American claim. The commissary therefore found it impossible
to ascend Rimouski to its source, and crossing its valley found himself again on a
dividing ridge, where he soon struck a stream running to the southeast. This, from
a comparison of courses and distances, is believed to be the source of the main branch
of the Grande Fourche of Ristaymoh; and thus the second and fourth detachments
had reached points within a very short distance of each other. The greater breadth
of the dividing ridge has thus been explored, but it will remain to trace the limits of
the valley of the Rimouski, which will form a deep indenture in the boundary line.
This line having been explored, a party was formed, after the assemblage of the sev-
eral divisions at Temiscouata, for the purpose of leveling it with the barometer;
but the expedition was frustrated by a heavy snowstorm, which set in on the i2th
October. This, the most important part of the whole northern line, therefore remains
for future investigation. It can only be stated that strong grounds exist for the belief
that its summits are not only higher than any point which has been measured, but
that, although cut by the Rimouski, it exceeds in average elevation any part of the
disputed territory.

The leveling of the Temiscouata portage appeared to be an object of great impor-
tance, not only on its own account, but as furnishing a base for future operations. As
soon as a sufficient force had been assembled at Lake Temiscouata a party was there-
fore formed to survey the portage with a theodolite. Orders were also given by the
commissioner that the first barometer which should be returned should be carried
over the portage. It was believed that this double provision would have secured the
examination of this point beyond the chance of failure. A snowstorm, however

Martin Van Buren 1850

(the same which interrupted the last operation referred to), set in after the level had
been run to the mountain of Biort, and one of the laboring men, worn out by his
preceding fatigues, fell sick. The party being thus rendered insufficient, the engineer
in command found himself compelled to return. The contemplated operation with
the barometer was also frustrated, for on examination at Temiscouata it was found
that all were unfit for further service. In order that the desired object might be
accomplished, a new expedition was dispatched from New York on the 1 2th of Novem-
ber, furnished with four barometers. This party, by great exertions, reached St.
Andr6, on the St. Lawrence, on the eighth day and accomplished the object of its
mission. The operation was rendered possible at this inclement season by its being
confined to a beaten road and in the vicinity of human habitations.

The country which has been the object of this reconnoissance is, as may already
be understood, of very difficult access from the settled parts of the State of Maine.
It is also, at best, almost impenetrable except by the water courses. It furnishes no
supplies except fish and small game, nor can these be obtained by a surveying party
which can not be strong enough to allow for hunters and fishermen as a constituent
part. The third detachment alone derived any important benefit from these sources.
The best mode of supplying a party moving on the eastern section would be to draw
provisions and stores from the St. Lawrence. It is, indeed, now obvious, although
it is contrary to the belief of any of the persons professing to be acquainted with the
subject, that had the commissioner proceeded from New York by the way of Mon-
treal and Quebec he must have reached the district assigned to him a fortnight
earlier and have accomplished twice as much work as his party was able to perform.

Although much remains to be done in this region, an extensive knowledge of a
country hitherto unknown and unexplored has been obtained; and this not only
sheds much light upon the boundary question in its present state, but will be of per-
manent service in case of a further ex parte examination, or of a joint commission
being agreed upon by the Governments of Great Britain and the United States.

The season was too late for any efficient work, as the line to be explored was not
reached before the 22d September. Not only were the rivers at their lowest ebb,
but ice was met in the progress of the parties as early as the i2th September, and
snow fell on the 2ist and 22d September. The actual setting in of winter, which
sometimes occurs in the first week of October, was therefore to be dreaded. From
this time the country becomes unfit for traveling of any description until the streams
are bound with solid ice and a crust formed on the snow of sufficient firmness to
make it passable on snowshoes. The only road is that along the St. John River,
and it would be almost impossible for a party distant more than 10 or 12 miles from
that stream to extricate itself after the winter begins.

No duty could be well imagined more likely to be disagreeable than that assigned
to Professor Renwick. The only feasible modes of approach lay for hundreds of
miles through the acknowledged limits of the British territory, and the line he was
directed to explore was included within the military post of that nation. It may be
likened to the entry upon the land of a neighbor for the purpose of inquiring into his
title. Under these circumstances of anticipated difficulty it becomes his duty, as well
as his pleasure, to acknowledge the uniform attention and civilities he has experi-
enced from all parties, whether in official or in private stations. All possibility of
interruption by the local authorities was prevented by a proclamation of His Excel-
lency Sir John Harvey, K. C. B., lieutenant-governor of the Province of New Bruns-
wick, and the British warden, Colonel Maclauchlan, was personally instrumental in
promoting the comforts of the commissioner and his assistants. Similar attentions
were received from the officers of the garrison at Fort Ingall, and the commandant
of the citadel of Quebec, and from His Excellency the Governor-General. Even
the private persons whose property might be affected by the acknowledgment of the
American claim exhibited a generous hospitality.

1851 J fes sages and Papers of the Presidents

The party under the direction of Captain Talcott left the settlements on Halls
Stream on the 6th of September. The main branch of this was followed to its source
in a swamp, in which a branch of the St. Francis also had its origin. From this point
the party followed the ridge dividing the Atlantic from the St. Lawrence waters
until it was supposed that all the branches of Indian Stream had been headed. In
this work the party was employed until the i4th September. It had now arrived at
a point where the Magalloway River should be found to the left, according to the
most authentic map of the country, especially that prepared by the New Hampshire
commissioner appointed in 1836 to explore the boundary of that State, and accom-
panying that report.* The party accordingly bore well north to avoid being led
from the true "height of land " by the dividing ridge between the Connecticut and
Androscoggin rivers. After crossing several small streams, it came on the afternoon
of the I5th to a rivulet about 12 feet wide running to the east, which was supposed to
be the main Magalloway. The i6th was spent in exploring it to its source. The
next day it was discovered that what had been taken for the Magalloway was a tribu-
tary of Salmon River, a large branch of the St. Francis, and consequently the party
was considerably to the north of the boundary.

The supply of provisions did not allow the party to retrace its steps to the point
where it had diverged from the true dividing ridge. The course was therefore
changed until it bore a little south; but it was not until the 22d that the party found
itself again on the dividing ridge, and then upon the waters of the Magalloway.

The party reached Arnold River, or Chaudiere, above Lake Megantic, on the 24th
September. After having recruited and taken a fresh supply of provisions from the
depot established there, the party was divided into two detachments. One returned
westward to find the corner of the State of New Hampshire as marked by the com-
mission in 1789 appointed to trace the boundary line.

It was there ascertained that the corner was on the true dividing ridge, and not
from 8 to 10 miles south, as has been erroneously reported by the surveyor employed
by the New Hampshire commissioners in 1836 and reiterated in several official
papers. From the State corner the dividing ridge was followed to where it had been
previously explored by the party. Thence a course was taken to the northeast so as
to reach the head of Lake Meg.intic, and thence to Lake Magaumac, where on the 8th
October the two detachments were again united. The detachment led by the assist-
ant, Mr. Cutts, had successfully followed the dividing ridge from the camp of the
24th on Arnold River to this place.

It was now ascertained that the provisions remaining were not sufficient to subsist
all of the company until the Kennebec road could be reached by following the height
of land. It was thought advisable again to separate into two detachments — one to
follow the ridge, supplied with provisions for twenty days, and the other to strike
for the nearest settlement, which it was supposed could be readied in four or five
days. This movement commenced on the loth October, and the detachment, follow-
ing the high land, reached the Kennebec road on the 23d, and on the following day
provisions for the party for fifteen days were placed there and a like quantity at the
mouth of the Metjarmette. It was intended that the two detachments should move
simultaneously from these two points on the 26th to explore the boundary line as far
as Lake Etchemin. A deep snow, which commenced falling on the night of the 25th,
compelled the commissioner to abandon further explorations at that time; and there
was not the slightest probability that they could be resumed before another year.

The result of these explorations may be stated as follows:

About 1 60 miles of country along or near the ' ' height of land ' ' have been traversed
the traveled distances carefully estimated, and the courses measured with a compass.
Barometrical observations were made as often as necessary for giving a profile of the

*.\lsosee report No. i~f>. House of Representatives, Twenty-fifth Congress, third session.

Martin Van Buren 1852

route from the head of Halls Stream to Arnold or the Chaudiere River, and thence
to Lake Magaumac via the corner of the State of New Hampshire. Some further
barometrical observations were made between the lake and the Kennebec road, but
for a portion of that distance the barometer was unserviceable in consequence of air
having entered the tube. Astronomical observations were made as often as there
was an opportunity, but, owing to the prevalence of clouds, not as often as was desir-
able. They will serve for correcting the courses and estimated distances traveled.
Barometrical observations for comparison were made at the intersection of the Ken-
nebec road and height of land hourly from 7 a. m. to 5 p. m. while the parties were
on the dividing ridge.

The only discovery of interest made by this party is that the Magalloway River
does not head any of the branches of the Connecticut, as it was generally believed it
did, and consequently our claim to Halls Stream is deprived of the support it would
have had from the fact that all the other branches were headed by an Atlantic river,
and consequently could not be reached by the line along the height of land from
the northwest angle of Nova Scotia.

The other commissioner (Major Graham) did not receive his appointment until
1 6th August to fill the place left vacant by the nonacceptance of Professor Cleave-
land, and to him was assigned the survey and examination of the due north line,
commencing at the source of the river St. Croix and extending to the highlands
which divide the waters that flow into the river St. Lawrence from those which flow
into the Atlantic Ocean.

Immediately after receiving his appointment he took the necessary steps for
organizing his party, and in addition to two officers of the Corps of Topographical
Engineers, assigned to him by the commandant of the Corps for this service, he
called to his aid two civil engineers possessing the requisite qualifications for the
duties to be performed. So soon as the requisite instruments could be procured and
put in proper order he left New York for Portland, Me., where he arrived on the
5th of September, expecting there to join his colleagues of the commission. They
had, however, proceeded to the points designated for the commencement of their
respective duties, the season being too far advanced to justify their incurring any
further delay.

At Portland a short conference was had with Mr. Stubbs, the agent of the State
Department, who furnished the necessary means for procuring an outfit for the party
in provisions, camp equipage, etc.

The party then proceeded to Bangor, where it was occupied until the i2th in pro-
curing the necessary supplies of provisions, camp equipage, transportation, etc., to
enable it to take the field; and a few astronomical observations were made here for
the purpose of testing the rates of the chronometers which were to be used upon this
service, as well as of obtaining additional data for computing the longitude of this
place, which, together with the latitude, had been determined by the commissioner
by a very near approximation in the summer of 1838, while occupied upon the mili-
tary reconnoissances of the northeastern frontier.

On the I2th the party left Bangor for Houlton, where it arrived on the evening of
the I3th. A depot of provisions was established here for supplying the line of their
future operations, and the services of the requisite number of men as axmen, chain
bearers, instrument carriers, etc. , were engaged.

Pending these preparations and the time necessarily occupied in cutting a road-
way through the forest from a convenient point on the Calais road to the monument
at the source of the river St. Croix, a series of astronomical observations was made,
ooth by day and by night, by which the latitude and longitude of Houltou were
satisfactorily determined and the rates of the chronometers further tested.

By the 24th of September the roadway was sufficiently opened to permit a camp to
be established upon the experimental line traced by the United States and British

1853 Messages and Papers of the Presidents

surveyors in the year 1817, when an attempt was made to mark this portion of the
boundary between the two countries agreeably to the provisions of the treaty of
Ghent of 1815.

The provisions and camp equipage were transported upon a strong but roughly
constructed sled, drawn by horses, whilst the instruments were carried by hand, the
surface of the country over which this roadway was opened being too rough for any
wheeled vehicle to pass.

The point decided upon as the true source of the river St. Croix by the United States
and British commissioners appointed for that purpose under the fifth article of the
treaty of 1794 was found and identified, both by the inscriptions upon the monument
erected there to mark the spot and also by the testimony of a living witness of high
respectability, who has known the locality since it was first designated by the com-
missioners under the treaty of 1794.

The avenue which had been cleared through a dense forest from the monument to
a distance of 12 miles north of it by the surveyors in 1817 was easily recognized by
the new and thick growth of young timber, which, having a width of from 40 to 50
feet, now occupied it. Axmen were at once set at work to reopen this avenue, under
the supposition that the due north line would at least fall within its borders for a
distance of 12 miles. In the meantime the first astronomical station and camp were
established, and the transit instrument set up at a distance of 4,578 feet north of the
monument, upon an eminence 45 y2 feet above the level of its base. This position
commanded a distinct view of the monument to the south, and of the whole line to
the north for a distance of n miles, reaching to Parks Hill. Whilst the work of
clearing the line of its young growth of timber was progressing a series of astro-
nomical observations was commenced at this first camp, and continued both day and
night without intermission (except when interrupted by unfavorable weather), with
the sextant, the repeating circle of reflection, and the transit instrument, until the
latitude and longitude of the monument and of this first camp were satisfactorily
ascertained, and also the direction of the true meridian from the said monument
established. For this latter purpose several observations were in the first place
made upon the polar star (a Ursae Minoris) when at its greatest eastern diurnal
elongation, and the direction thus obtained was afterwards verified and corrected by
numerous transit observations upon stars passing the meridian at various altitudes
both north and south of the zenith. These were multiplied with every degree of
care, and with the aid of four excellent chronometers, whose rates were constantly
tested, not only by the transit observations, but also by equal altitudes of the sun in
the day, to correct the time at noon and midnight, and by observed altitudes of east
and west stars for correcting the same at various hours of the night.

The direction of this meridian, as thus established by the commissioner, was found
to vary from the experimental line traced by the surveyors of 1817 by running in the
first place to the west of their line, then crossing it, and afterwards deviating con-
siderably to the east of it. ,

At the second principal station erected by the party, distant 6 miles and 3,952 feet
north of the first camp, or 7 miles and 3,240 feet north of the monument, it found
itself 60 feet to the west of the line of 1817. This appeared to be the maximum devia-
tion to the west of that line as near as its trace could be identified, which was only
{narked by permanent objects recognized by the party at the termination of each mile
from the monument. Soon after passing this station the line of 1817 was crossed,
and the party did not afterwards touch it, but deviated more and more to the east of
it as it progressed north by an irregular proportion to the distance advanced.

In order to obtain a correct profile or vertical section along the whole extent of this
meridian line, in the hopes of furnishing data for accurate comparisons of elevations
so far as they might be considered relevant to the subject in dispute between the two
Governments, and also to afford an accurate base of comparison for the barometers

Martin Van Buren 1854

<tlong an extended line which must traverse many ridges that will be objects of minute
exploration for many miles of lateral extent, an officer was detailed to trace a line of
levels from the base of the monument marking the source of the river St. Croix to
tide water at Calais, in Maine, by which means the elevation of the base of the monu-
ment above the planes of mean low and mean high water, and also the elevations of
several intermediate points of the river St. Croix on its expanded lake surface, have
been accurately ascertained.

Another officer was at the same time charged with tracing a line of levels from th~
base of the same monument along the due north line as marked by the commissioner
by which it is intended that every undulation with the absolute heights above the
plane of mean low water at Calais shall be shown along the whole extent of that line.

At Parks Hill, distant only 12 miles from the monument, a second station for
astronomical observations was established, and a camp suitable for that purpose was
formed. On the 26th day of October, whilst occupied in completing the prolonga-
tion of the meridian line to that point and in establishing a camp there, the party
was visited by a snowstorm, which covered the ground to a depth of 4 inches in the
course of six hours. This was succeeded by six days of dark, stormy weather, which
entirely interrupted all progress, and terminated by a rain, with a change to a milder
temperature, which cleared away the snow. During this untoward event the parties
made themselves as comfortable as practicable in their tents, and were occupied in
computing many of the astronomical and other observations previously made.

On the 2d of November the weather became clear, and the necessary astronomical
observations were immediately commenced at Parks Hill. From this elevated point
the first station could be distinctly seen by means of small heliotropes during the
day and bright lights erected upon it at night. Its direction, with that of several
intermediate stations due south of Parks Hill, was verified by a new series of transit
observations upon high and low stars, both north and south of the zenith. By the
same means the line was prolonged to the north.

In one week after commencing the observations at Parks Hill the weather became
again unfavorable. The sky was so constantly overcast as to preclude all astro-
nomical observations, and the atmosphere so thick as to prevent a view to the north
which would permit new stations to be established with sufficient accuracy in that
direction. Unwilling to quit the field while there was a prospect of the weather
becoming sufficiently favorable to enable the party to reach the latitude of Mars
Hill, or even proceed beyond it, it was determined that some of the party should
continue in the tents, and there occupy themselves with such calculations as ought
to be made before quitting the field. The officers charged with the line of levels and
with the reconnoissances in advance for the selection of new positions for stations
continued their labors in the field, notwithstanding they were frequently exposed to
slight rain and snow storms, as these portions of the work could go on without a
clear sky.

On the I3th of November a severe snowstorm occurred, which in a single night and
a portion of the following morning covered the surface of the whole country and the
roofs of the tents to a depth of 16 inches. The northern extremity of the avenue
which had been cleared by the surveyors of 1817 was now reached, and, in addition
to the young growth which had sprung up since that period upon the previous part of
the line, several miles had been cleared through the dense forest of heavy timber in
order to proceed with the line of levels, which had reached nearly to the Meduxna-
keag. The depth of snow now upon the ground rendered it impracticable to continue
the leveling with the requisite accuracy any further, and that part of the work was
accordingly suspended for the season. The thermometer had long since assumed a
range extending during the night and frequently during a great portion of the day to
many degrees below the freezing point.

The highlands bordering on the Aroostook, distant 40 miles to the north of the

1855 Messages and Papers of the Presidents

party, were distinctly seen from an elevated position whenever the atmosphere was
clear, and a long extent of intermediate country of inferior elevation to the posi-
tion then occupied presented itself to the view, with the two peaks of Mars Hill
rising abruptly above the general surface which surrounded their base. The eastern
extremity of the base of the easternmost peak was nearly 2 degrees of arc, or nine-
tenths of a mile in space, to the west of the line as it passed the same latitude.

To erect stations opposite to the base of Mars Hill and upon the heights of the
Aroostook, in order to obtain exact comparisons with the old line at these points,
were considered objects of so much importance as to determine the commissioner
to continue the operations in the field to the latest practicable period in hopes of
accomplishing these ends.

On the i8th day of November the party succeeded in erecting a station opposite
Mars Hill and very near the meridian line. It was thus proved that the line would
pass from nine-tenths of a mile to I mile east of the eastern extremity of the base of
the northeast peak of Mars Hill.

On the 3oth of November a series of signals was commenced to be interchanged
at night between the position of the transit instrument on Parks Hill and the high-
lands of the Aroostook. These were continued at intervals whenever the weather
was sufficiently clear until by successive approximations a station was on the gth of
December established on the heights i mile south of that river and on the meridian
line. The point thus reached is more than 50 miles from the monument at the source
of the St. Croix, as ascertained from the land surveys made under the authority of
the States of Maine and Massachusetts. The measurements of the party could not
be extended to this last point, owing to the depth of the snow which lay upon the
ground since the middle of November, but the distance derived from the land sur-
veys must be a very near approximation to the truth. A permanent station was
erected at the position established on the Aroostook heights and a measurement
made from it due west to the experimental or exploring line of 1817, by which the
party found itself 2,400 feet to the east of that line.

Between the ist and isth of December the observations were carried on almost
exclusively during the night, and frequently with the thermometer ranging from o to
10 and 12 degrees below that point by Fahrenheit's scale. Although frequently
exposed to this temperature in the performance of their duties in the open air at
night, and to within a few degrees of that temperature during the hours of sleep,
with no other protection than the tents and camp beds commonly used in the Army,
the whole party, both officers and men, enjoyed excellent health.

During the day the tents in which the astronomical computations were carried on
were rendered quite comfortable by means of small stoves, but at night the fire
would become extinguished and the temperature reduced to within a few degrees of
that of the outward air. Within the observatory tent the comfort of a fire could not
be indulged in, in consequence of the too great liability to produce serious errors of
observation by the smoke passing the field of the telescope. The astronomical obser-
vations were therefore always made in the open air or in a tent open to the heavens
at top during the hours of observation, and without a fire.

On the 1 6th of December the tents were struck and this party retired from the field
for the season, there being then more than 2 feet of snow on the ground. To the
unremitting zeal amidst severe exposures, and to the scientific and practical attain-
ments of the officers, both civil and military, who served under the orders of the
commissioner on this duty, he acknowledges himself in a great measure indebted
for the progress that he was enabled to make, notwithstanding the many difficulties
encountered.

Observations were made during portions of three lunations of the transit of the
moon's bright limb and of such tabulated stars as differed but little in right ascen-
sion and declination from the moon, in order to obtain additional data to those

Martin Van Buren 1856

furnished by chronometrical comparisons with the meridian of Boston for computing
the longitude of this meridian line.

At the first station, 4,578 feet north of the monument, and also at the Parks Hill
station, the dip of the magnetic needle was ascertained by a series of observations — in
the one case upon two and in the other upon three separate needles. The horizontal
declination \vas also ascertained at both these stations by a full set of observations
upon six different needles.

The details of these and of all the astronomical observations alluded to will be
prepared as soon as practicable for the use of the commission, should they be required.
To His Excellency Major-General Sir John Harvey, K. C. B., lieutenant-governor
of the Province of New Brunswick, Major Graham acknowledges himself greatly
indebted for having in the most obliging manner extended to him every facility
within his power for prosecuting the examinations. From Mr. Connell, of Wood-
stock, a member of the colonial parliament, and from Lieutenant-Colonel Maclauch-
lan, the British land agent, very kind attentions were received.

Major Graham has also great pleasure in acknowledging his obligations to Gen-
eral Eustis, commandant of the Eastern Department; to Colonel Pierce, commanding
the garrison at Houlton, and to his officers; and also to Major Ripley, of the Ord-
nance Department, commanding the arsenal at Augusta, for the prompt and obliging
manner in which they supplied many articles useful to the prosecution of the labors
of his party.

The transit instrument with which the meridian line was traced had been loaned to
the commission by the Hon. William A. Duer, president of Columbia College, New
York, and the commissioners feel bound to return their acknowledgments for the
liberality with which the use of this astronomical instrument was granted at a time
when it would have been difficult, and perhaps impossible, to have procured one as
well suited to the object.

All which is respectfully submitted.

JAS. RENWICK,
JAMES D. GRAHAM,
A. TALCOTT,

Commissioners.

WASHINGTON, February 12, 184.1.
To the Senate of the United States:

I transmit a report of the Secretary of State, containing the informa-
tion asked for by the resolution of the Senate of the 5th instant, relative
to the negroes taken on board the schooner Amis fad.

M. VAN BUREN.

WASHINGTON, March 2, 184.1.
To the House of Representatives:

I transmit to the House of Representatives a report from the Attorney-
General, with accompanying documents,* in compliance with the request
contained in their resolution of the 23d of March last.

M. VAN BUREN.

* Opinions of the Attorneys-General of the United States from the commencement of the Govern-
ment to March i, 1841.

1857 Messages and Papers of the Presidents

WASHINGTON, March 2, 184.1.
To the House of Representatives:

I transmit the accompanying report from the Secretary of State, in
relation to the resolution of the House of Representatives of the i2th
ultimo, on the subject of claims of citizens of the United States on the
Government of Hayti. The information called for thereby is in the course
of preparation and will be without doubt communicated at the commence-
ment of the next session of Congress.

M. VAN BURKN.

WASHINGTON, March j, 184.1.
To the House of Representatives:

I transmit to the House of Representatives, in compliance with their
resolution of the 3oth January last, a report* from the Secretary of State,
with accompanying documents.

M. VAN BUREN.

PROCLAMATION.

[Prom Senate Journal, Twenty-sixth Congress, second session, p. 247.]

WASHINGTON, January 6, 184.1,.

The President of the United States to , Senator for the State of .•

Certain matters touching the public good requiring that the Senate of
the United States should be convened on Thursday, the 4th day of March
next, you are desired to attend at the Senate Chamber, in the city of
Washington, on that day, then and there to receive and deliberate on

such communications as shall be made to you.

M. VAN BUREN.

* Relating to the search or seizure of United States vessels on the coast of Africa or elsewhere by
British cruisers or authorities, arid to the African slave trade, etc.

QUESTIONS.

1. How is the District of Columbia governed? Page 1611.

2. Under what circumstances and by what authority has the

President called the State militia into service? Page 1618.

3. Can the United States Supreme or Circuit Courts compel the

Government to perform specific acts? Page 1720.

4. How was the title to Indian lands in general acquired by the

Government, and were the bargains considered fair? Pages
1716, 1718.

5. How can business depression be relieved by the action of the

Government? Page 1708.

6. \Yhat did Van Buren recommend as to ordnance and ammuni-

tion factories? Page 1607.

7. \Yhat was Van Buren's idea as to the necessity of a standing

army ? Page 1607.

8. \Yhat presents were declined by Van Buren? Page 1809.

9. What were Van Buren's views of the tariff? Page 1752.

1857-A

SUGGESTIONS.

The revulsion on account of the forms of banking during Jack-
son's administration culminated in panicky conditions in Van
Buren's administration, and called forth considerable criticism of
the previous "Wild-Cat" methods. For Van Buren's discussion
of finances, see pages 1541, 1596, 1686, 1706, 1/51, 1757, 1789..
1822.

Van Buren's decisive views in favor of slavery are set forth.
Pages 1530 to 1537.

Read Van Buren's Foreign Policy. Pages 1590, 1702, 1747,
1820.

NOTE.

For further suggestions on Van Buren's administration, see
Van Buren, Martin, Encyclopedic Index.

By reading the Foreign Policy of each President, and by scan-
ning the messages as to the state of the nation, a thorough knowl-
edge of the history of the United States will be acquired from the
most authentic sources ; because, as has been said, "Each Presi-
dent reviews the past, depicts the present and forecasts the future
of the nation."

William Henry Harrison

March 4 to April 4, 1841

SEE ENCYCLOPEDIC INDEX.

The Encyclopedic Index is not only an index to the other volumes, not only a key that
unlocks the treasures of the entire publication, but it is in itself an alphabetically arranged
brief history or story of the great controlling events constituting the History of the United
States.

Under its proper alphabetical classification the story is told of every great subject
referred to by any of the Presidents in their official Messages, and at the end of each article
the official utterances of the Presidents themselves are cited upon the subject, so that you
may readily turn to the page in the body of the work itself for this original information.

Next to the possession of knowledge is the ability to turn at will to where knowledge
is to be found.

/ . v. f; r)

HOME AT NORTH BEND, OHIO, OF WILLIAM HENRY HARRISON

With reproduction of official portrait, by Andrews, from the White House

Collection

HARRISON

William Henry Harrison as President was a distinctive character. In
personality he probably never had, and it is doubtful if he ever will
have, an imitator or an equal. The country looked upon him at the
time not alone as a great pioneer and warrior, but as a great and good
man, who came very close to the people. The people selected him for
the highest office within their gift, not only on account of that which he
had accomplished in blazing the way to civilization and taming the
savages in the Central West, or because he had assisted in repelling
British intrusion, but because they regarded him as the personification
of honor and as possessing the material for a great statesman. It has
often been recorded in history and it is a common expression today that
"William Henry Harrison was killed by office-seekers." A man who
would place himself so near the people as to permit office-seekers to
send him to an untimely grave must have had in a very marked degree
the milk of human kindness, and a fountain of gratitude and personal
affection, which should win admiration.

It was the elevation of such a man to the Presidential chair, after a
campaign so characteristic as to leave its imprint upon time, that made
the administration of William Henry Harrison notable.

Probably no man has ever occupied the Executive Mansion whose
name was so universally perpetuated by namesakes, with the possible
exception of George Washington. The children who were named after
William Henry Harrison, if they could be lined up today, would make
an army almost sufficient to have conducted successfully the war against
Spain, or to fill all of the Federal offices of the country today.

I find that the state papers of President William Henry Harrison are
confined to his inaugural address and a proclamation convening Con-
gress to meet in extraordinary session on May 31, 1841. On the fourth
of the following April he died. In his inaugural address he manifests
an intense desire to conscientiously fulfill the duties of his high office.
He proceeds to declare his intention of fulfilling all the pledges he had
made and concludes his address with this somewhat pathetic sentence :

"Fellow citizens, being fully vested with that high office to which the
partiality of my countrymen has called me, I now take an affectionate
leave of you."

The above utterance seemed to be prophetic, in that it was his leave-
taking, for he never again appeared in public.

As a warrior among Indians, William Henry Harrison has been placed
upon the scroll of fame with Daniel Boone and Kenton. As an army
officer, a trained soldier and tactician upon the field, history places him
with Washington, whose unlimited confidence he possessed.

I857-C

As a patriot, William Henry Harrison will always be remembered.
No one who has achieved the high office he held will probably ever have
a greater degree of confidence or affection of the people. It is lamentable
that the expectations of the country were so rudely dashed by his un-
timely death, as much was expected of, and no doubt much would have
been realized by his administration.

At the time of the Harrison- Van Buren campaign political cartoons
were just coming into general use in this country. Gen. William Henry
Harrison, who had some time before retired to private life, was then
living upon his farm at North Bend, Ohio, between Cincinnati and the
Indiana line. In one of these campaign hand bills are pictures of various
scenes upon the farm including the Log Cabin and the famous Cider
Press, while the General himself is represented in his shirt sleeves,
ploughing. He was called "The Cincinnatus of the West," and this
epithet proved of advantage in the campaign.

He was living in the famous cabin at North Bend, and devoting him-
self to agriculture with the same energy and enthusiasm which he had
displayed in the affairs of War and of State. Here he remained until
called upon by his friends to become a candidate for the Presidency of
the United States. He had married a daughter of John Cleves Symmes,
the founder of Cincinnati, Ohio. He was in sympathy wholly with the
Western pioneers, among whom he had lived so long.

His term as President lasted but thirty days, and his death was felt
as a severe blow by his party, which had formed high expectations of
his capacity in executive matters. Notwithstanding his notable career
as a General and statesman, William Henry Harrison is likely to be
remembered as the highest type of the pioneers, who succeeded the
frontiersmen Kenton and Boone. His service to the great empire, which
has since been divided into the States of Ohio, Indiana, Illinois and
Michigan, will cause him to be affectionately remembered by thousands
who barely know the names of other Presidents.

1857-0

ANNA SVMMIiS HARRISON"

ANNA SVMMKS was born near Morristown, X.
J., and early in life \vas left motherless. 1 lei-
father, disguised as a liritish officer, successfully
carried her to her grandparents on Long Island,
where she remained until the evacuation of New
York. Trained in godliness, her whole life echoed
her early teachings. When nearly twenty she
married Captain, later ( ieneral, and afterwards
President Harrison. \Yhilc he was (iovernor of
the Indiana Territory she dispensed liberal hospi-
tality, being greatly loved and admired, and here
in her home in the old French Town of Yin-
cennes many happy years were spent. Her hus-
band being much away, she reared almost alone
her ten children, afterwards sceirg one infant,
three grown daughters, four sons and ten grand-
children die during thirty years at Xorth !5end.
The thought of removing to Washington was dis-
tasteful to her. but as the President died one
month after his inauguration, the removal be-
came unnecrssarv.

William Henry Harrison

WILLIAM HENRY HARRISON, third and youngest son of Benjamin
Harrison, one of the signers of the Declaration of Independence, was
born at Berkeley, Charles City County, Va. , February 9, 1773. Was
educated at Hampden Sidney College, Virginia, and began the study of
medicine, but before he had finished it accounts of Indian outrages on
the western frontier led him to enter the Army, and he was commis-
sioned an ensign in the First Infantry on August 16, 1791; joined his
regiment at Fort Washington, Ohio. Was appointed lieutenant June 2,
1792, and afterwards joined the Army under General Anthony Wayne,
and was made aid-de-camp to the commanding officer. For his services
in the expedition, in December, 1793, that erected Fort Recovery he was
thanked by name in general orders. Participated in the engagements
with the Indians that began on June 30, 1794, and was complimented by
General Wayne for gallantry in the victory on the Miami on August 20.
On May 15, 1797, was made captain and given the command of Fort
Washington. While there he married Anna, daughter of John Cleves
Symmes. Resigned his commission on June i, 1798, peace having been
made with the Indians, and was immediately appointed by President
John Adams secretary of the Northwest Territory, but in October, 1799,
resigned to take his seat as Territorial Delegate in Congress. During
his term part of the Northwest Territory was formed into the Territory
of Indiana, including the present States of Indiana, Illinois, Michigan,
and Wisconsin, and he was appointed its governor and superintendent
of Indian affairs, which he accepted, and resigned his seat in Congress.
Was reappointed successively by Presidents Jefferson and Madison. He
organized the legislature at Vincennes in 1805. Held frequent coun-
cils with the Indians, and succeeded in averting many outbreaks. On
September 30, 1809, concluded a treaty with several tribes by which
they sold to the United States about 3,000,000 acres of land on the
Wabash and White rivers. This and former treaties were condemned
by Tecumseh and other chiefs, and an outbreak became imminent, which
was averted by the conciliatory course of the governor. In the spring
of 1811 Indian depredations became frequent, and Governor Harrison

1858

1859 Messages and Papers of the Presidents

recommended the establishment of a military post at Tippecanoe, and
the Government consented. On September 26 Harrison marched from
Vincennes with about 900 men, including 350 regular infantry, completed
Fort Harrison, near the site of Terre Haute, Ind., on October 28, and
leaving a garrison there pressed on toward Tippecanoe. On November
6, when near that town, was met by messengers demanding a parley,
and a council was proposed for the next day. At 4 o'clock the follow-
ing morning a fierce attack was made by the savages; at daybreak the
Indians were driven from the field. For this victory he was highly
complimented by President Madison in his message of December 18,
181 1, and was also thanked by the legislatures of Kentucky and Indiana.
On August 25, 1812, soon after war was declared against Great Britain,
was commissioned major-general of the militia of Kentucky, though
not a citizen of that State. On August 22, 1812, was commissioned a
brigadier-general in the Regular Army, and later was appointed to the
chief command of the Northwestern army, with instructions to act in
all cases according to his own discretion and judgment. No latitude as
great as this had been given to any commander since Washington. On
March 2, 1813, was commissioned a major-general. Was in command
of Fort Meigs when General Proctor, with a force of British troops and
Indians, laid unsuccessful siege to it from April 28 to May 9, 1813.
Transporting his army to Canada, he fought the battle of the Thames
on October 5, defeating General Proctor's army of 800 regulars and
1,200 Indians, the latter led by the celebrated Tecumseh, who was killed.
This battle, together with Perry's victory on Lake Erie, gave the United
States possession of the chain of lakes above Erie and put an end to
the war in uppermost Canada. For this victory he was praised by
President Madison in his annual message to Congress and by the leg-
islatures of the different States. Through a misunderstanding with
General John Armstrong, Secretary of War, he resigned his commis-
sion in the Army May 31, 1814. In 1814, and again in 1815, he was
appointed on commissions that concluded Indian treaties, and in 1816
was chosen to Congress to fill a vacancy, serving till 1819. On March 30,
1818, Congress unanimously voted him a gold medal for his victory of
the Thames. In 1819 he was chosen to the senate of Ohio, and in 1822
was an unsuccessful candidate for Congress. In 1824 was a Presiden-
tial elector, voting for Henry Clay, and in the same year was sent to
the United States Senate, and succeeded Andrew Jackson as chairman
of the Committee on Military Affairs. He resigned in 1828, having
been appointed by President John Quincy Adams minister to the United
States of Colombia. He was recalled at the outset of Jackson's Admin-
istration, and retired to his farm at North Bend, near Cincinnati, Ohio.
In 1835 was nominated for the Presidency by Whig State conventions
in Pennsylvania, New York, Ohio, and other States, but at the election
on November 8, 1836, was defeated by Martin Van Buren, receiving

William Henry Harrison 1860

only 73 electoral votes to the latter's 170. December 4, 1839, he was
nominated for the Presidency by the national Whig convention at Har-
risburg, Pa., and was elected on November 10, 1840, receiving 234
electoral votes to Van Buren's 60. Was inaugurated March 4, 1841.
Called Congress to meet in extra session on May 31. He died on Sun-
day morning, April 4, 1841. His body was interred in the Congressional
Cemetery at Washington, but in June, 1841, it was removed to North
Bend and placed in a tomb overlooking the Ohio River.

INAUGURAL ADDRESS.

Called from a retirement which I had supposed was to continue for the
residue of my life to fill the chief executive office of this great and free
nation, I appear before yea, fellow-citizens, to take the oaths which the
Constitution prescribes as a necessary qualification for the performance
of its duties; and in obedience to a custom coeval with our Government
and what I believe to be your expectations I proceed to present to you a
summary of the principles which will govern me in the discharge of the
duties which I shall be called upon to perform.

It was the remark of a Roman consul in an early period of that cele-
brated Republic that a most striking contrast was observable in the
conduct of candidates for offices of power and trust before and after
obtaining them, they seldom carrying out in the latter case the pledges
and promises made in the former. However much the world may have
improved in many respects in the lapse of upward of two thousand years
since the remark was made by the virtuous and indignant Roman, I fear
that a strict examination of the annals of some of the modern elective
governments would develop similar instances of violated confidence.

Although the fiat of the people has gone forth proclaiming me the
Chief Magistrate of this glorious Union, nothing upon their part remain-
ing to be done, it may be thought that a motive may exist to keep up
the delusion under which they may be supposed to have acted in relation
to my principles and opinions; and perhaps there may be some in this
assembly who have come here either prepared to condemn those I shall
now deliver, or, approving them, to doubt the sincerity with which they
are now uttered. But the lapse of a few months will confirm or dispel
their fearc. The outline of principles to govern and measures to be
adopted by an Administratiou not yet begun will soon be exchanged for
immutable history, and I shall stand either exonerated by my country-
men or classed with the mass of those who promised that they might
deceive and flattered with the intention to betray. However strong may
be my present purpose to realize the expectations of a magnanimous and

1 86 1 Messages and Papers of the Presidents

confiding people, I too well understand the dangerous temptations to
which I shall be exposed from the magnitude of the power which it has
been the pleasure of the people to commit to my hands not to place
my chief confidence upon the aid of that Almighty Power which has
hitherto protected me and enabled me to bring to favorable issues other
important but still greatly inferior trusts heretofore confided to me by my
country.

The broad foundation upon which our Constitution rests being the
people — a breath of theirs having made, as a breath can unmake, change,
or modify it — it can be assigned to none of the great divisions of gov-
ernment but to that of democracy. If such is its theory, those who
are«called upon to administer it must recognize as its leading principle
the duty of shaping their measures so as to produce the greatest good
to the greatest number. But with these broad admissions, if we would
compare the sovereignty acknowledged to exist in the mass of our people
with the power claimed by other sovereignties, even by those which have
been considered most purely democratic, we shall find a most essential
difference. All others lay claim to power limited only by their own will.
The majority of our citizens, on the contrary, possess a sovereignty with
an amount of power precisely equal to that which has been granted to
them by the parties to the national compact, and nothing beyond. We
admit of no government by divine right, believing that so far as power
is concerned the Beneficent Creator has made no distinction amongst
men; that all are upon an equality, and that the only legitimate right
to govern is an express grant of power from the governed. The Con-
stitution of the United States is the instrument containing this grant of
power to the several departments composing the Government. On an
examination of that instrument it will be found to contain declarations
of power granted and of power withheld. The latter is also susceptible of
division into power which the majority had the right to grant, but which
they did not think proper to intrust to their agents, and that which they
could not have granted, not being possessed by themselves. In other
words, there are certain rights possessed by each individual American
citizen which in his compact with the others he has never surrendered.
Some of them, indeed, he is unable to surrender, being, in the language
of our system, unalienable. The boasted privilege of a Roman citizen
was to him a shield only against a petty provincial ruler, whilst the proud
democrat of Athens would console himself under a sentence of death for
a supposed violation of the national faith — which no one understood and
which at times was the subject of the mockery of all — or the banishment
from his home, his family, and his country with or without an alleged
cause, that it was the act not of a single tyrant or hated aristocracy, but
of his assembled countrymen. Far different is the power of our sover-
eignty. It can interfere with no one's faith, prescribe forms of worship
for no one's observance, inflict no punishment but after well-ascertained

William Henry Harrison 1862

guilt, the result of investigation under rules prescribed by the Constitu-
tion itself. These precious privileges, and those scarcely less important
of giving expression to his thoughts and opinions, either by writing or
speaking, unrestrained but by the liability for injury to others, and that
of a full participation in all the advantages which flow from the Gov-
ernment, the acknowledged property of all, the American citizen derives
from no charter granted by his fellow-man. He claims them because he
is himself a man, fashioned by the same Almighty hand as the rest of
his species and entitled to a full share of the blessings with which He
has endowed them. Notwithstanding the limited sovereignty possessed
by the people of the United States and the restricted grant of power
to the Government which they have adopted, enough has been given to
accomplish all the objects for which it was created. It has been foftnd
powerful in war, and hitherto justice has been administered, an inti-
mate union effected, domestic tranquillity preserved, and personal liberty
secured to the citizen. As was to be expected, however, from the defect
of language and the necessarily sententious manner in which the Consti-
tution is written, disputes have arisen as to the amount of power which
it has actually granted or was intended to grant.

This is more particularly the case in relation to that part of the
instrument which treats of the legislative branch, and not only as
regards the exercise of powers claimed under a general clause giving
that body the authority to pass all laws necessary to carry into effect
the specified powers, but in relation to the latter also. It is, however,
consolatory to reflect that most of the instances of alleged departure
from the letter or spirit of the Constitution have ultimately received the
sanction of a majority of the people. And the fact that many of our
statesmen most distinguished for talent and patriotism have been at one
time or other of their political career on both sides of each of the most
warmly disputed questions forces upon us the inference that the errors,
if errors there were, are attributable to the intrinsic difficulty in many
instances of ascertaining the intentions of the framers of the Constitu-
tion rather than the influence of any sinister or unpatriotic motive. But
the great danger to our institutions does not appear to me to be in a usur-
pation by the Government of power not granted by the people, but by
the accumulation in one of the departments of that which was assigned
to others. Limited as are the powers which have been granted, still
enough have been granted to constitute a despotism if concentrated in
one of the departments. This danger is greatly heightened, as it has
been always observable that men are less jealous of encroachments of
one department upon another than upon their own reserved rights.
When the Constitution of the United States first came from the hands
of the Convention which formed it, many of the sternest republicans of
the day were alarmed at the extent of the power which had been granted
to the Federal Government, and more particularly of that portion which

1863 Messages and Papers of the Presidents

had been assigned to the executive branch. There were in it features
which appeared not to be in harmony with their ideas of a simple rep-
resentative democracy or republic, and knowing the tendency of power
to increase itself, particularly when exercised by a single individual,
predictions were made that at no very remote period the Government
would terminate in virtual monarchy. It would not become me to say that
the fears of these patriots have been already realized; but as I sincerely
believe that the tendency of measures and of men's opinions for some
years past has been in that direction, it is, I conceive, strictly proper that
I should take this occasion to repeat the assurances I have heretofore
given of my determination to arrest the progress of that tendency if it
really exists and restore the Government to its pristine health and vigor,
as far as this can be effected by any legitimate exercise of the power
placed in my hands.

I proceed to state in as summary a manner as I can my opinion of the
sources of the evils which have been so extensively complained of and
the correctives which may be applied. Some of the former are unques-
tionably to be found in the defects of the Constitution; others, in my
judgment, are attributable to a misconstruction of some of its provi-
sions. Of the former is the eligibility of the same individual to a second
term of the Presidency. The sagacious mind of Mr. Jefferson early saw
and lamented this error, and attempts have been made, hitherto without
success, to apply the amendatory power of the States to its correction.
As, however, one mode of correction is in the power of every President,
and consequently in mine, it would be useless, and perhaps invidious,
to enumerate the evils of which, in the opinion of many of our fellow-
citizens, this error of the sages who framed the Constitution may have
been the source and the bitter fruits which we are still to gather from it
if it continues to disfigure our system. It may be observed, however, as a
general remark, that republics can commit no greater error than to adopt
or continue any feature in their systems of government which may be cal-
culated to create or increase the love of power in the bosoms of those to
whom necessity obliges them to commit the management of their affairs;
and surely nothing is more likely to produce such a state of mind than
the long continuance of an office of high trust. Nothing can be more
corrupting, nothing more destructive of all those noble feelings which
belong to the character of a devoted republican patriot. When this cor-
rupting passion once takes possession of the human mind, like the love
of gold it becomes insatiable. It is the never-dying worm in his bosom,
grows with his growth and strengthens with the declining years of its
victim. If this is true, it is the part of wisdom for a republic to limit the
service of that officer at least to whom she has intrusted the management
of her foreign relations, the execution of her laws, and the command of
her armies and navies to a period so short as to prevent his forgetting
that he is the accountable agent, not the principal; the servant, not the

William Henry Harrison 1864

master. Until an amendment of the Constitution can be effected public
opinion may secure the desired object. I give my aid to it by renewing
the pledge heretofore given that under no circumstances will I consent
to serve a second term.

But if there is danger to public liberty from the acknowledged defects
of the Constitution in the want of limit to the continuance of the Execu-
tive power in the same hands, there is, I apprehend, not much less from
a misconstruction of that instrument as it regards the powers actually
given. I can not conceive that by a fair construction any or either of
its provisions would be found to constitute the President a part of the
legislative power. It can not*be claimed from the power to recommend,
since, although enjoined as a duty upon him, it is a privilege which he
holds in common with every other citizen; and although there may
be something more of confidence in the propriety of the measures recom-
mended in the one case than in the other, in the obligations of ultimate
decision there can be no difference. In the language of the Constitu-
tion, "all the legislative powers" which it grants "are vested in the
Congress of the United States. ' ' It would be a solecism in language to
say that any portion of these is not included in the whole.

It may be said, indeed, that the Constitution has given to the Execu-
tive the power to annul the acts of the legislative body by refusing to
them his assent. So a similar power has necessarily resulted from that
instrument to the judiciary, and yet the judiciary forms no part of the
Legislature. There is, it is true, this difference between these grants
of power: The Executive can put his negative upon the acts of the
Legislature for other cause than that of want of conformity to the Con-
stitution, whilst the judiciary can only declare void those which violate
that instrument. But the decision of the judiciary is final in such a case,
whereas in every instance where the veto of the Executive is applied it
may be overcome by a vote of two-thirds of both Houses of Congress.
The negative upon the acts of the legislative by the executive authority,
and that in the hands of one individual, would seem to be an incongruity
in our system. Like some others of a similar character, however, it
appears to be highly expedient, and if used only with the forbearance
and in the spirit which was intended by its authors it may be productive
of great good and be found one of the best safeguards to the Union. At
the period of the formation of the Constitution the principle does not
appear to have enjoyed much favor in the State governments. It existed
but in two, and in one of these there was a plural executive. If we
would search for the motives which operated upon the purely patriotic
and enlightened assembly which framed the Constitution for the adop-
tion of a provision so apparently repugnant to the leading democratic
principle that the majority should govern, we must reject the idea that
they anticipated from it any benefit to the ordinary course of legislation.
They knew too well the high degree of intelligence which existed among

1865 Messages and Papers of the Presidents

the people and the enlightened character of the State legislatures not to
have the fullest confidence that the two bodies elected by them would be
ivorthy representatives of such constituents, and, of course, that they
would require no aid in conceiving and maturing the measures which
the circumstances of the country might require. And it is preposterous
to suppose that a thought could for a moment have been entertained
that the President, placed at the capital, in the center of the country,
could better understand the wants and wishes of the people than their
own immediate representatives, who spend a part of every year among
them, living with them, often laboring with them, and bound to them
by the triple tie of interest, duty, and affection. To assist or control
Congress, then, in its ordinary legislation could not, I conceive, have
been the motive for conferring the veto power on the President. This
argument acquires additional force from the fact of its never having been
thus used by the first six Presidents — and two of them were members of
the Convention, one presiding over its deliberations and the other bearing
a larger share in consummating the labors of that august body than any
other person. But if bills were never returned to Congress by either
of the Presidents above referred to upon the ground of their being inexpe-
dient or not as well adapted as they might be to the wants of the people,
the veto was applied upon that of want of conformity to the Constitu-
tion or because errors had been committed from a too hasty enactment.

There is another ground for the adoption of the veto principle, which
had probably more influence in recommending it to the Convention than
any other. I refer to the security which it gives to the just and equitable
action of the Legislature upon all parts of the Union. It could not but
have occurred to the Convention that in a country so extensive, embra-
cing so great a variety of soil and climate, and consequently of products,
and which from the same causes must ever exhibit a great difference
in the amount of the population of its various sections, calling for a
great diversity in the employments of the people, that the legislation of
the majority might not always justly regard the rights and interests
of the minority, and that acts of this character might be passed under an
express grant by the words of the Constitution, and therefore not within
the competency of the judiciary to declare void; that however enlight-
ened and patriotic they might suppose from past experience the members
of Congress might be, and however largely partaking, in the general, of
the liberal feelings of the people, it was impossible to expect that bodies
so constituted should not sometimes be controlled by local interests
and sectional feelings. It was proper, therefore, to provide some um-
pire from whose situation and mode of appointment more independence
and freedom from such influences might be expected. Such a one was
afforded by the executive department constituted by the Constitution.
A person elected to that high office, having his constituents in every sec-
tion, State, and subdivision of the Union, must consider himself bound by

William Henry Harrison 1866

the most solemn sanctions to guard, protect, and defend the rights of all
and of every portion, great or small, from the injustice and oppression of
the rest. I consider the veto power, therefore, given by the Constitution
to the Executive of the United States solely as a conservative power, to
be used only tirst, to protect the Constitution from violation; secondly,
the people from \he effects of hasty legislation where their will has been
probably disregaraed or not well understood, and, thirdly, to prevent the
effects of combinations violative of the rights of minorities. In refer-
ence to the second or these objects I may observe that I consider it the
right and privilege of the people to decide disputed points of the Consti-
tution arising from the general grant of power to Congress to carry into
effect the powers expressly given; and I believe with Mr. Madison that
' ' repeated recognitions under varied circumstances in acts of the legisla-
tive, executive, and judicial branches of the Government, accompanied
by indications in different modes of the concurrence of the general will
of the nation," as affording to the President sufficient authority for his
considering such disputed points as settled.

Upward of half a century has elapsed since the adoption of the present
form of government. It would be an object more highly desirable than
the gratification of the curiosity of speculative statesmen if its precise
situation could be ascertained, a fair exhibit made of the operations of
each of its departments, of the powers which they respectively claim and
exercise, of the collisions which have occurred between them or between
the whole Government and those of the States or either of them. We
could then compare our actual condition after fifty years' trial of our
system with what it was in the commencement of its operations and
ascertain whether the predictions of the patriots who opposed its adop-
tion or the confident hopes of its advocates have been best realized. The
great dread of the former seems to have been that the reserved powers of
the States would be absorbed by those of the Federal Government and a
consolidated power established, leaving to the States the shadow only
of that independent action for which they had so zealously contended
and on the preservation of which they relied as the last hope of liberty.
Without denying that the result to which they looked with so much
apprehension is in the way of being realized, it is obvious that they did
not clearly see the mode of its accomplishment. The General Govern-
ment has seized upon none of the reserved rights of the States. As far
as any open warfare may have gone, the State authorities have amply
maintained their rights. To a casual observer our system presents no
appearance of discord between the different members which compose it.
Even the addition of many new ones has produced no jarring. They
move in their respective orbits in perfect harmony with the central head
and with each other. But there is still an undercurrent at work by
which, if not seasonably checked, the worst apprehensions of our anti-
federal patriots will be realized, and not only will the State authorities

1867 Messages and Papers of the Presidents

be overshadowed by the great increase of power in the executive depart-
ment of the General Government, but the character of that Government,
if not its designation, be essentially and radically changed. This state of
things has been in part effected by causes inherent in the Constitution
and in part by the never-failing tendency of political power to increase
itself. By making the President the sole distributer of all the patronage
of the Government the framers of the Constitution do not appear to have
anticipated at how short a period it would become a formidable instru-
ment to control the free operations of the State governments. Of trifling
importance at first, it had early in Mr. Jefferson's Administration become
so powerful as to create great alarm in the mind of that patriot from the
potent influence it might exert in controlling the freedom of the elective
franchise. If such could have then been the effects of its influence, how
much greater must be the danger at this time, quadrupled in amount as
it certainly is and more completely under the control of the Executive
will than their construction of their powers allowed or the forbearing
characters of all the early Presidents permitted them to make. But it is
not by the extent of its patronage alone that the executive department
has become dangerous, but by the use which it appears may be made of
the appointing power to bring under its control the whole revenues of the
country. The Constitution has declared it to be the duty of the Presi-
dent to see that the laws are executed, and it makes him the Commander
in Chief of the Armies and Navy of the United States. If the opinion of
the most approved writers upon that species of mixed government which
in modern Europe is termed monarchy in contradistinction to despotism
is correct, there was wanting no other addition to the powers of our Chief
Magistrate to stamp a monarchical character on our Government but the
control of the public finances; and to me it appears strange indeed that
anyone should doubt that the entire control which the President pos-
sesses over the officers who have the custody of the public money, by
the power of removal with or without cause, does, for all mischievous
purposes at least, virtually subject the treasure also to his disposal. The
first Roman Emperor, in his attempt to seize the sacred treasure, silenced
the opposition of the officer to whose charge it had been committed by
a significant allusion to his sword. By a selection of political instru-
ments for the care of the public money a reference to their commissions
by a President would be quite as effectual an argument as that of Caesar
to the Roman knight. I am not insensible of the great difficulty that
exists in drawing a proper plan for the safe-keeping and disbursement of
the public revenues, and I know the importance which has been attached
by men of great abilities and patriotism to the divorce, as it is called, of
the Treasury from the banking institutions. It is not the divorce which
is complained of, but the unhallowed union of the Treasury with the
executive department, which has created such extensive alarm. To this
danger to our republican institutions and that created by the influence

William Henry Harrison 1868

given to the Executive through the instrumentality of the Federal offi-
cers I propose to apply all the remedies which may be at my command.
It was certainly a great error in the framers of the Constitution not to
have made the officer at the head of the Treasury Department entirely
independent of the Executive. He should at least have been removable
only upon the demand of the popular branch of the Legislature. I have
determined never to remove a Secretary of the Treasury without commu-
nicating all the circumstances attending such removal to both Houses
of Congress.

The influence of the Executive in controlling the freedom of the
elective franchise through the medium of the public officers can be
effectually checked by renewing the prohibition published by Mr. Jeffer-
son forbidding their interferesce in elections further than giving their
own votes, and their own independence secured by an assurance of per-
fect immunity in exercising this sacred privilege of freemen under the
dictates of their own unbiased judgments. Never with my consent shall
an officer of the people, compensated for his services out of their pockets,
become the pliant instrument of Executive will.

There is no part of the means placed in the hands of the Executive
which might be used with greater effect for unhallowed purposes than
the control of the public press. The maxim which our ancestors derived
from the mother country that ' ' the freedom ">f the press is the great bul-
wark of civil and religious liberty" is one of the most precious legacies
which they have left us. We have learned, too, from our own as well as
the experience of other countries, that golden shackles, by whomsoever
or by whatever pretense imposed, are as fatal to it as the iron bonds of
despotism. The presses in the necessary employment of the Govern-
ment should never be used "to clear the guilty or to varnish crime."
A decent and manly examination of the acts of the Government should
be not only tolerated, but encouraged.

Upon another occasion I have given my opinion at some length upon
the impropriety of Executive interference in the legislation of Congress —
that the article in the Constitution making it the duty of the President
to communicate information and authorizing him to recommend meas-
ures was not intended to make him the source in legislation, and, in
particular, that he should never be looked to for schemes of finance.
It would be very strange, indeed, that the Constitution should have
strictly forbidden one branch of the Legislature from interfering in the
origination of such bills and that it should be considered proper that an
altogether different department of the Government should be permitted
to do so. Some of our best political maxims and opinions have been
drawn from our parent isle. There are others, however, which can not
be introduced in our system without singular incongruity and the pro-
duction of much mischief, and this I conceive to be one. No matter in
which of the houses of Parliament a bill may originate nor by whom

1869 Messages and Papers of the Presidents

introduced — a minister or a member of the opposition — by the fiction of
law, or rather of constitutional principle, the sovereign is supposed to
have prepared it agreeably to his will and then submitted it to Parlia-
ment for their advice and consent. Now the very reverse is the case
here, not only with regard to the principle, but the forms prescribed by
the Constitution. The principle certainly assigns to the only body con-
stituted by the Constitution (the legislative body) the power to make
laws, and the forms even direct that the enactment should be ascribed to
them. The Senate, in relation to revenue bills, have the right to pro-
pose amendments, and so has the Executive by the power given him to
return them to the House of Representatives with his objections. It is
in his power also to propose amendments in the existing revenue laws,
suggested by his observations upon their defective or injurious opera-
tion. But the delicate duty of devising schemes of revenue should be left
where the Constitution has placed it — with the immediate representa-
tives of the people. For similar reasons the mode of keeping the public
treasure should be prescribed by them, and the further removed it may
be from the control of the Executive the more wholesome the arrange-
ment and the more in accordance with republican principle.

Connected with this subject is the character of the currency. The idea
of making it exclusively metallic, however well intended, appears to me
to be fraught with more fatal consequences than any other scheme hav-
ing no relation to the personal rights of the citizens that has ever been
devised. If any single scheme could produce the effect of arresting at
once that mutation of condition by which thousands of our most indigent
fellow-citizens by their industry and enterprise are raised to the posses-
sion of wealth, that is the one. If there is one measure better calculated
than another to produce that state of things so much deprecated by all
true republicans, by which the rich are daily adding to their hoards and
the poor sinking deeper into penury, it is an. exclusive metallic currency.
Or if there is a process by which the character of the country for gener-
osity and nobleness of feeling may be destroyed by the great increase and
necessary toleration of usury, it is an exclusive metallic currencv.

Amongst the other duties of a delicate character which the President
is called upon to perform is the supervision of the government of the
Territories of the United States. Those of them which are destined to
become members of our great political family arc compensated by their
rapid progress from infancy to manhood for the partial and temporary
deprivation of their political rights. It is in this District only where
American citizens are to he found \vho under a settled policy are deprived
of many important political privileges without any inspiring hope as to
the future. Their only consolation under circumstances of such depri-
vation is that of the devoted exterior guards of a camp — that their
sufferings secure tranquillity and safety within. Are there any of
their countrymen, who would subject them to greater sacrifices, to any

William Henry Harrison 1870

other humiliations than those essentially necessary to the security of the
object for which they were thus separated from their fellow-citizens?
Are their rights alone not to be guaranteed by the application of those
great principles upon which all our constitutions are founded? We are
told by the greatest of British orators and statesmen that at the com-
mencement of the War of the Revolution the most stupid men in Eng-
land spoke of "their American subjects." Are there, indeed, citizens
of any of our States who have dreamed of their subjects in the District
of Columbia? Such dreams can never be realized by any agency of mine.
The people of the District of Columbia are not the subjects of the people
of the States, but free American citizens. Being in the latter condition
when the Constitution was formed, no words used in that instrument
could have been intended to deprive them of that character. If there
is anything in the great principle of unalienable rights so emphatically
insisted upon in our Declaration of Independence, they could neither
make nor the United States accept a surrender of their liberties and
become the subjects — in other words, the slaves — of their former fellow-
citizens. If this be true — and it will scarcely be denied by anyone who
has a correct idea of his own rights as an American citizen — the grant
to Congress of exclusive jurisdiction in the District of Columbia can be
interpreted, so far as respects the aggregate people of the United States,
as meaning nothing more than to allow to Congress the controlling power
necessary to afford a free and safe exercise of the functions assigned to
the General Government by the Constitution. In all other respects the
legislation of Congress should be adapted to their peculiar position and
wants and be conformable with their deliberate opinions of their own
interests.

I have spoken of the necessity of keeping the respective departments
of the Government, as well as all the other authorities of our country,
within their appropriate orbits. This is a matter of difficulty in some
cases, as the powers which they respectively claim are often not denned
by any distinct lines. Mischievous, however, in their tendencies as col-
lisions of this kind may be, those which arise between the respective
communities which for certain purposes compose one nation are much
more so, for no such nation can long exist without the careful culture
of those feelings of confidence and affection which are the effective
bonds to union between free and confederated states. Strong as is the
tie of interest, it has been often found ineffectual. Men blinded by their
passions have been known to adopt measures for their country in direct
opposition to all the suggestions of policy. The alternative, then, is to
destroy or keep down a bad passion by creating and fostering a good
one, and this seems to be the corner stone upon which our American
political architects have reared the fabric of our Government. The
cement which was to bind it and perpetuate its existence was the affec-
tionate attachment between all its members. To insure the continuance
61

1871 Messages and Papers of the Presidents

of this feeling, produced at first by a community of dangers, of suffer-
ings, and of interests, the advantages of each were made accessible to all.
No participation in any good possessed by any member of our extensive
Confederacy, except in domestic government, was withheld from the citi-
zen of any other member. By a process attended with no difficulty, no
delay, no expense but that of removal, the citizen of one might become
the citizen of any other, and successively of the whole. The lines, too,
separating powers to be exercised by the citizens of one State from
those of another seem to be so distinctly drawn as to leave no room for
misunderstanding. The citizens of each State unite in their persons
all the privileges which that character confers and all that they may
claim as citizens of the United States, but in no case can the same per-
sons at the same time act as the citizen of two separate States, and he is
therefore positively precluded from any interference with the reserved powers
of any State but that of which he is for the time being a citizen. He may,
indeed, offer to the citizens of other States his advice as to their manage-
ment, and the form in which it is tendered is left to his own discretion
and sense of propriety. It may be observed, however, that organized
associations of citizens requiring compliance with their wishes too much
resemble the recommendations of Athens to her allies, supported by an
armed and powerful fleet. It was, indeed, to the ambition of the lead-
ing States of Greece to control the domestic concerns of the others that
the destruction of that celebrated Confederacy, and subsequently of all
its members, is mainly to be attributed, and it is owing to the absence
of that spirit that the Helvetic Confederacy has for so many years been
preserved. Never has there been seen in the institutions of the separate
members of any confederacy more elements of discord. In the principles
and forms of government and religion, as well as in the circumstances of
the several Cantons, so marked a discrepancy was observable as to prom-
ise anything but harmony in their intercourse or permanency in their
alliance, and yet for ages neither has been interrupted. Content with
the positive benefits which their union produced, with the independence
and safety from foreign aggression which it secured, these sagacious
people respected the institutions of each other, however repugnant to
their own principles and prejudices.

Our Confederacy, fellow-citizens, can only be preserved by the same
forbearance. Our citizens must be content with the exercise of the
powers with which the Constitution clothes them. The attempt of those
of one State to control the domestic institutions of another can only
result in feelings of distrust and jealousy, the certain harbingers of dis-
union, violence, and civil war, and the ultimate destruction of our free
institutions. Our Confederacy is perfectly illustrated by the terms and
principles governing a common copartnership. There is a fund of power
to be exercised under the direction of the joint councils of the allied
members, but that which has been reserved by the individual members

William Henry Harrison 1872

is intangible by the common Government or the individual members
composing it. To attempt it finds no support in the principles of our
Constitution.

It should be our constant and earnest endeavor mutually to cultivate a
spirit of concord and harmony among the various parts of our Con-
federacy. Experience has abundantly taught us that the agitation by
citizens of one part of the Union of a subject not confided to the General
Government, but exclusively under the guardianship of the local authori-
ties, is productive of no other consequences than bitterness, alienation,
discord, and injury to the very cause which is intended to be advanced.
Of all the great interests which appertain to our country, that of union —
cordial, confiding, fraternal union — is by far the most important, since
it is the only true and sure guaranty of al) others.

In consequence of the embarrassed state of business and the currency,
some of the States may meet with difficulty in their financial concerns.
However deeply we may regret anything imprudent or excessive in the
engagements into which States have entered for purposes of their own,
it does not become us to disparage the State governments, nor to dis-
courage them from making proper efforts for their own relief. On
the contrary, it is our duty to encourage them to the extent of our con-
stitutional authority to apply their best means and cheerfully to make
all necessary sacrifices and submit to all necessary burdens to fulfill
their engagements and maintain their credit, for the character and credit
of the several States form a part of the character and credit of the whole
country. The resources of the country are abundant, the enterprise and
activity of our people proverbial, and we may well hope that wise legis-
lation and prudent administration by the respective governments, each
acting within its own sphere, will restore former prosperity.

Unpleasant and even dangerous as collisions may sometimes be between
the constituted authorities of the citizens of our country in relation to the
lines which separate their respective jurisdictions, the results can be of
no vital injury to our institutions if that ardent patriotism, that devoted
attachment to liberty, that spirit of moderation and forbearance for
which our countrymen were once distinguished, continue to be cherished.
If this continues to be the ruling passion of our souls, the weaker feel-
ing of the mistaken enthusiast will be corrected, the Utopian dreams of
the scheming politician dissipated, and the complicated intrigues of the
demagogue rendered harmless. The spirit of liberty is the sovereigt
balm for every injury which our institutions may receive. On the con-
trary, no care that can be used in the construction of our Government, no
division of powers, no distribution of checks in its several departments,
will prove effectual to keep us a free people if this spirit is suffered to
decay; and decay it will without constant nurture. To the neglect of this
duty the best historians agree in attributing the ruin of all the republics
with whose existence and fall their writings have made us acquainted.

1873 Messages and Papers of the Presidents

The same causes will ever produce the same effects, and as long as the
love of power is a dominant passion of the human bosom, and as long as
the understandings of men can be warped and their affections changed by
operations upon their passions and prejudices, so long will the liberties
of a people depend on their own constant attention to its preservation.
The danger to all well-established free governments arises from the
unwillingness of the people to believe in its existence or from the influ-
ence of designing men diverting their attention from the quarter whence
it approaches to a source from which it can never come. This is the
old trick of those who would usurp the government of their country.
In the name of democracy they speak, warning the people against the
influence of wealth and the danger of aristocracy. History, ancient and
modern, is full of such examples. Caesar became the master of the Roman
people and the senate under the pretense of supporting the democratic
claims of the former against the aristocracy of the latter; Cromwell,
in the character of protector of the liberties of the people, became the
dictator of England, and Bolivar possessed himself of unlimited power
with the title of his country's liberator. There is, on the contrary, no
instance on record of an extensive and well-established republic being
changed into an aristocracy. The tendencies of all such governments
in their decline is to monarchy, and the antagonist principle to liberty
there is the spirit of faction — a spirit which assumes the character and in
times of great excitement imposes itself upon the people as the genuine
spirit of freedom, and, like the false Christs whose coming was foretold
by the Savior, seeks to, and were it possible would, impose upon the
true and most faithful disciples of liberty. It is in periods like this that
it behooves the people to be most watchful of those to whom they have
intrusted power. And although there is at times much difficulty in
distinguishing the false from the true spirit, a calm and dispassionate
investigation will detect the counterfeit, as well by the character of its
operations as the results that are produced. The true spirit of liberty,
although devoted, persevering, bold, and uncompromising in principle,
that secured is mild and tolerant and scrupulous as to the means it
employs, whilst the spirit of party, assuming to be that of liberty, is
harsh, vindictive, and intolerant, and totally reckless as to the character
of the allies which it brings to the aid of its cause. When the genuine
spirit of liberty animates the body of a people to a thorough examination
of their affairs, it leads to the excision of every excrescence which may
have fastened itself upon any of the departments of the government, and
restores the system to its pristine health and beauty. But the reign of an
intolerant spirit of party amongst a free people seldom fails to result in a
dangerous accession to the executive power introduced and established
amidst unusual professions of devotion to democracy.

The foregoing remarks relate almost exclusively to matters connected
with our domestic concerns. It may be proper, however, that I should

William Henry Harrison 1874

give some indications to my fellow-citizens of my proposed course of con-
duct in the management of our foreign relations. I assure them, there-
fore, that it is my intention to use every means in my power to preserve
the friendly intercourse which now so happily subsists with every foreign
nation, and that although, of course, not well informed ns to the state of
pending negotiations with any of them, I see in the personal characters
of the sovereigns, as well as in the mutual interests of our own ami of
the governments with which our relations are most intimate, a pleasing
guaranty that the harmony so important to the interests of their subjects
as well as of our citizens will not be interrupted by the advancement of
any claim or pretension upon their part to which our honor would not per-
mit us to yield. Long the defender of my country's rights in the field, I
trust that my fellow-citizens will not see in my earnest desire to preserve
peace with foreign powers any indication that their rights will ever be
sacrificed or the honor of the nation tarnished by any admission on the
part of their Chief Magistrate unworthy of their former glory. In our
intercourse with our aboriginal neighbors the same liberality and justice
which marked the course prescribed to me by two of my illustrious
predecessors when acting under their direction in the discharge of the
duties of superintendent and commissioner shall be strictly observed. I
can conceive of no more sublime spectacle, none more likely to pro-
pitiate an impartial and common Creator, than a rigid adherence to the
principles of justice on the part of a powerful nation in its transactions
with a weaker and uncivilized people whom circumstances have placed
at its disposal.

Before concluding, fellow-citi/ens, I must say something to you on the
subject of the parties at this time existing in our country. To me it
appears perfectly clear that the interest of that country requires that the
violence of the spirit by which those parties are at this time governed
must be greatly mitigated, if not entirely extinguished, or consequences
will ensue which are appalling to be thought of.

If parties in a republic are necessary to secure a degree of vigilance
sufficient to keep the public functionaries within the Ixmnds of law and
duty, at that point their usefulness ends. Beyond that they become
destructive of public virtue, the parent of a spirit antagonist to that of
liberty, and eventually its inevitable conqueror. We have examples
of republics where the love of country and of liberty at one time were
the dominant passions of the whole mass of citizens, and yet, with the
continuance of the name and forms of free government, not a vestige of
these qualities remaining in the txjsoms of any one of its citizens. It
was the beautiful remark of a distinguished Knglish writer that "in
the Roman senate Octavius had a party and Antony a party, but the
Commonwealth had none." Yet the senate continued to meet in the
temple of liberty to talk of the sacredness and beauty <A the Common
wealth and ^aze at the statues of the elder lirulus and oi the. Curtii and

1875 Messages and Papers of the Presidents

Decii, and the people assembled in the forum, not, as in the days of
Camillus and the Scipios, to cast their free votes for annual magistrates
or pass upon the acts of the senate, but to receive from the hands of the
leaders of the respective parties their share of the spoils and to shout for
one or the other, as those collected in Gaul or Egypt and the lesser Asia
would furnish the larger dividend. The spirit of liberty had fled, and,
avoiding the abodes of civilized man, had sought protection in the wilds
of Scythia or Scandinavia; and so under the operation of the same
causes and influences it will fly from our Capitol and our forums. A
calamity so awful, not only to our country, but to the world, must be
deprecated by every patriot and every tendency to a state of things likely
to produce it immediately checked. Such a tendency has existed — does
exist. Always the friend of my countrymen, never their flatterer, it
becomes my duty to say to them from this high place to which their
partiality has exalted me that there exists in the land a spirit hostile to
their best interests — hostile to liberty itself. It is a spirit contracted in
its views, selfish in its objects. It looks to the aggrandizement of a few
even to the destruction of the interests of the whole. The entire remedy
is with the people. Something, however, may be effected by the means
which they have placed in my hands. It is union that we want, not of a
party for the sake of that party, but a union of the whole country for the
sake of the whole country, for the defense of its interests and its honor
against foreign aggression, for the defense of those principles for which
our ancestors so gloriously contended. As far as it depends upon me it
shall be accomplished. All the influence that I possess shall be exerted
to prevent the formation at least of an Executive party in the halls
of the legislative body. I wish for the support of no member of that
body to any measure of mine that does not satisfy his judgment and his
sense of duty to those from whom he holds his appointment, nor any
confidence in advance from the people but that asked for by Mr. Jef-
ferson, "to give firmness and effect to the legal administration of their
affairs. ' '

I deem the present occasion sufficiently important and solemn to justify
me in expressing to my fellow-citizens a profound reverence for the Chris-
tian religion and a thorough conviction that sound morals, religious lib-
erty, and a just sense of religious responsibility are essentially connected
with all true and lasting happiness; and to that good Being who has
blessed us by the gifts of civil and religious freedom, who watched over
and prospered the labors of our fathers and has hitherto preserved to us
institutions far exceeding in excellence those of any other people, let
us unite in fervently commending every interest of our beloved country
in all future time.

Fellow-citizens, being fully invested with that high office to which the
partiality of my countrymen has called me, I now take an affectionate
leave of you. You will bear with you to your homes the remembrance of

William Henry Harrison 1876

the pledge I have this day given to discharge all the high duties of my
exalted station according to the best of my ability, and I shall enter upon
their performance with entire confidence in the support of a just and
generous people.
MARCH 4, 1841.

SPECIAL MESSAGE.

To the Senate of the United States: MARCH 5, 1841.

I hereby withdraw all nominations made to the Senate on or before
the 3d instant and which were not definitely acted on at the close of its
session on that day. ^ H> HARRISON>

PROCLAMATION.

[Prom Statutes at Large (Little, Brown & Co.), Vol. XI, p. 786.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.

Whereas sundry important and weighty matters, principally growing
out of the condition of the revenue and finances of the country, appear
to me to call for the consideration of Congress at an earlier day than its
next annual session, and thus form an extraordinary occasion, such as
renders necessary, in my judgment, the convention of the two Houses
as soon as may be practicable:

I do therefore by this my proclamation convene the two Houses of
Congress to meet in the Capitol, at the city of Washington, on the last
Monday, being the 3ist day, of May next; and I require the respective
Senators and Representatives then and there to assemble, in order to
receive such information respecting the state of the Union as may be
given to them and to devise and adopt such measures as the good of
the country may seem to them, in the exercise of their wisdom and dis-
cretion, to require.

In testimony whereof I have caused the seal of the United States to

be hereunto affixed, and signed the same with my hand.
r 1 Done at the city of Washington, the ijth day of March,
A. D. 1841, and of the Independence of the United States the
sixty-fifth. w H HARRISON.

By the President:

DANIEL WEBSTER,

Secretary of State.

1877 Messages and Papers of the Presidents

DEATH OF PRESIDENT HARRISON.

PUBUC ANNOUNCEMENT.
[From the Daily National Intelligencer, April 5, 1841.]

WASHINGTON, April /, 184.1.

An all-wise Providence having suddenly removed from this life William
Henry Harrison, late President of the United States, we have thought
it our duty, in the recess of Congress and in the absence of the Vice-
President from the seat of Government, to make this afflicting bereave-
ment known to the country by this declaration under our hands.

He died at the President's house, in this city, this 4th day of April,
A. D. 1841, at thirty minutes before i o'clock in the morning.

The people of the United States, overwhelmed, like ourselves, by an
event so unexpected and so melancholy, will derive consolation from
knowing that his death was calm and resigned, as his life has been
patriotic, useful, and distinguished, and that the last utterance of his lips
expressed a fervent desire for the perpetuity of the Constitution and the
preservation of its true principles. In death, as in life, the happiness of
his country was uppermost in his thoughts.

DANIEL WEBSTER,

Secretary of State.

THOMAS EWING,

Secretary of the Treasury.

JOHN BELL,

Secretary of War,

J. J. CRITTENDEN,

Attorney- General.

FRANCIS GRANGER,

Postmaster- General-

[The Secretary of the Navy was absent from the city.]

ANNOUNCEMENT TO THE VICE-PRESIDENT,
[From the Daily National Intelligencer, April 5, 1841.]

JOHN TYLER, WASHINGTON, April 4> 1841.

Vice- President of the United States.

SIR: It has become our most painful duty to inform you that William
Henry Harrison, late President of the United States, has departed this
life.

This distressing event took place this day at the President's mansion,
in this city, at thirty minutes before i in the morning.

William Henry Harrison 1878

We lose no time in dispatching the chief clerk in the State Department
as a special messenger to bear you these melancholy tidings.

We have the honor to be, with the highest regard, your obedient

servants,

DANIEL WEBSTER,

Secretary of State.

THOMAS EWING,

Secretary of the Treasury.

JOHN BELL,

Secretary of War.

JOHN J. CRITTENDEN,

A ttorney- General.

FRANCIS GRANGER,

Postmaster- General.

ANNOUNCEMENT TO REPRESENTATIVES OF THE UNITED STATES

ABROAD.

[From official records in the State Department.]

DEPARTMENT OF STATE,

Washington, April 4, 184.1.

SIR: It has become my most painful duty to announce to you the
decease of William Henry Harrison, late President of the United States.
This afflicting event took place this day at the Executive Mansion, in
this city, at thirty minutes before i o'clock in the morning.
I am, sir, your obedient servant,

DANL. WEBSTER.

ANNOUNCEMENT TO REPRESENTATIVES OF FOREIGN GOVERNMENTS
IN THE UNITED STATES.

[From official records in the State Department.)

DEPARTMENT OF STATE,

Washington, April 5, 184.1.

SIR: It is my great misfortune to be obliged to inform you of an event
not less afflicting to the people of the United States than distressing to
my own feelings and the feelings of all those connected with the Gov-
ernment.

The President departed this life yesterday at thirty minutes before I
o'clock in the morning.

You are respectfully invited to attend the funeral ceremonies, which
will take place on Wednesday next, and with the particular arrange-
ments for which you will be made acquainted in due time.

1879 Messages and Papers of the Presidents

Not doubting your sympathy and condolence with the Government
and people of the country on this bereavement, I have the honor to be,
sir, with high consideration, your obedient servant,

DANIv. WEBSTER.

ANNOUNCEMENT TO THE ARMY.
[From official records in the War Department.]

DEPARTMENT OF WAR,

Washington, April 5, 184.1.

It is with feelings of the deepest sorrow that the Secretary of War
announces to the Army the death of the President of the United States.
William Henry Harrison is no more. His long and faithful services in
many subordinate but important stations, his recent elevation to the
highest in honor and power, and the brief term allotted to him in the
enjoyment of it are circumstances of themselves which must awaken
the liveliest sympathy in every bosom. But these are personal con-
siderations; the dispensation is heaviest and most afflicting on public
grounds. This great calamity has befallen the country at a period of
general anxiety for its present, and some apprehension for its future, con-
dition— at a time when it is most desirable that all its high offices should
be filled and all its high trusts administered in harmony, wisdom, and
vigor. The generosity of character of the deceased, the conspicuous
honesty of his principles and purposes, together with the skill and firm-
ness with which he maintained them in all situations, had won for him
the affection and confidence of his countrymen; but at the moment when
by their voice he was raised to a station in the discharge of the powers
and duties of which the most beneficent results mighf. justly have been
anticipated from his great experience, his sound judgment, the high
estimation in which he was held by the people, and his unquestioned
devotion to the Constitution and to the Union, it has pleased an all- wise
but mysterious Providence to remove him suddenly from that and every
other earthly employment.

While the officers and soldiers of the Army share in the general grief
which these considerations so naturally and irresistibly inspire, they will
doubtless be penetrated with increased sensibility and feel a deeper con-
cern in testifying in the manner appropriate to them the full measure of
a nation's gratitude for the eminent services of the departed patriot and
in rendering just and adequate honors to his memory because he was
himself a soldier, and an approved one, receiving his earliest lessons in
a camp, and, when in riper years called to the command of armies, illus-
trating the profession of arms by his personal qualities and contributing
largely by his successes to the stock of his country's glory.

It is to be regretted that the suddenness of the emergency has made it
necessary to announce this sad event in the absence of the Vice- President

William Henry Harrison 1880

from the seat of Government; but the greatest confidence is felt that he
will cordially approve the sentiments expressed, and that he will in due
time give directions for such further marks of respect not prescribed
by the existing regulations of the Army as may be demanded by the

OCCaS10n' JOHN BELL, Secretary of War.

GENERAL ORDERS, No. 20.

HEADQUARTERS OP THE ARMY,
ADJUTANT- GENERAL'S OFFICE,

Washington, April 7, 184.1.

The death of the President of the United States having been officially
announced from the War Department, the Major- General Commanding
in Chief communicates to the Army the melancholy intelligence with
feelings of the most profound sorrow. The long, arduous, and faithful
military services in which President Harrison has been engaged since
the first settlement of the Western country, from the rank of a subal-
tern to that of a commander in chief, are too well known to require a
recital of them here. It is sufficient to point to the fields of Tippecanoe,
the banks of the Miami, and the Thames, in Upper Canada, to recall to
many of the soldiers of the present Army the glorious results of some
of his achievements against the foes of his country, both savage and
civilized.

The Army has on former occasions been called upon to mourn the loss
of distinguished patriots who have occupied the Presidential chair, but
this is the first time since the adoption of the Constitution it has to
lament the demise of a President while in the actual exercise of the high
functions of the Chief Magistracy of the Union.

The members of the Army, in common with their fellow-citizens of
all classes, deeply deplore this national bereavement; but although they
have lost a friend ever ready to protect their interests, his bright exam-
ple in the paths of honor and glory still remains for their emulation.

The funeral honors directed to be paid by the troops in paragraph 523
of the General Regulations will be duly observed, and the troops at the
several stations will be paraded at 10 o'clock a. m., when this order will
be read, after which all labors for the day will cease; the national flag
will be displayed at half-staff; at dawn of day thirteen guns will be
fired, besides the half-hour guns as directed by the Regulations, and at
the close of the day a national salute. The standards, guidons, and
colors of the several regiments will be put in mourning for the period of
six months, and the officers will wear the usual badge of mourning on
the left arm above the elbow and on the hilt of the sword for the same
period.

By order of Alexander Macotnb, Major-General Commanding in Chief :

R. JONES, Adjutant General.

1 88 1 Messages and Papers of the Presidents

ANNOUNCEMENT TO THE NAVY.
[From official records in the Navy Department.]

GENERAL ORDER.

NAVY DEPARTMENT, April jr, 184.1.

The Department announces to the officers of the Navy and Marine
Corps the death of William Henry Harrison, late President of the United
States, which occurred at the Executive Mansion, in the city of Wash-
ington, on the morning of the 4th instant, and directs that, uniting with
their fellow-citizens in the manifestations of their respect for the exalted
character and eminent public services of the illustrious deceased, and of
their sense of the bereavement the country has sustained by this afflict-
ing dispensation of Providence, they wea'r the usual badge of mourning
for six months.

The Department further directs that funeral honors be paid him at
each of the navy-yards and on board each of the public vessels in com-
mission by firing twenty-six minute guns, commencing at 12 o'clock m.,
on the day after the receipt of this order, and by wearing their flags at
half-mast for one week.

-r

Acting Secretary of the Navy.

OFFICIAL ARRANGEMENTS FOR THE FUNERAL.
[From official records in the State Department.]

WASHINGTON, April 4, 184.1.

The circumstances in which we are placed by the death of the Presi-
dent render it indispensable for us, in the recess of Congress and in the
absence of the Vice- President, to make arrangements for the funeral
solemnities. Having consulted with the family and personal friends
of the deceased, we have concluded that the funeral be solemnized on
Wednesday, the yth instant, at 12 o'clock. The religious services to be
performed according to the usage of the Episcopal Church, in which
church the deceased most usually worshiped. The body to be taken from
the President's house to the Congress Burying Ground, accompanied by
a military and a civic procession, and deposited in the receiving tomb.

The military arrangements to be under the direction of Major-General
Macomb, the General Commanding in Chief the Army of the United
States, and Major-General Walter Jones, of the militia of the District of
Columbia.

Commodore Morris, the senior captain in the Navy now in the city,
to have the direction of the naval arrangements.

The marshal of the District to have the direction of the civic proces-
sion, assisted by the mayors of Washington, Georgetown, and Alexandria,

William Henry Harrison 1882

the clerk of the Supreme Court of the United States, and such other
citizens as they may see fit to call to their aid.

John Quincy Adams, ex-President of the United States, members of
Congress now in the city or its neighborhood, all the members of the
diplomatic body resident in Washington, and all officers of Government
and citizens generally are invited to attend.

And it is respectfully recommended to the officers of Government that
they wear the usual badge of mourning.

DANL. WEBSTER,

Secretary of State.
T. EWING,

Secretary of the Treasury.

JNO. BElvL,

Secretary of War.

J. J. CRITXENDEN,

A ttorney- General.

FR. GRANGER,

Postmaster- General.

[The Secretary of the Navy was absent from the city.]

[From official records in the War Department.]

DISTRICT ORDERS.

WASHINGTON, April 5, 1841.

The foregoing notice from the heads of the Executive Departments
of the Government informs you what a signal calamity has befallen us
in the death of the President of the United States, and the prominent
part assigned you in those funeral honors which may bespeak a nation's
respect to the memory of a departed patriot and statesman, whose vir-
tue and talents as a citizen and soldier had achieved illustrious services,
and whose sudden death has disappointed the expectation of still more
important benefits to his country.

With a view to carry into effect the views of these high officers of Gov-
ernment in a manner befitting the occasion and honorable to the militia
corps of this District, I request the general and field officers, the general
staff, and the commandants of companies to assemble at my house
to-morrow, Tuesday, April 6, precisely at 10 o'clock, to report the
strength and equipment of the several corps of the militia and to receive
final instructions for parade and arrangement in the military part of the
funeral procession.

The commandants of such militia corps from the neighboring States as
desire to unite in the procession are respectfully invited to report to me
as soon as practicable their intention, with a view to arrange them in
due and uniform order as a part of the general military escort.

1883 Messages and Papers of the Presidents

The detail of these arrangements, to which all the military accessoriesv
both of the regulars and militia, are expected to conform, will be published
in due time for the information of all.

For the present it is deemed sufficient to say that the whole military
part of the procession, including the regular troops of every arm and
denomination and all the militia corps, whether of this District or of
the States, will be consolidated in one column of escort, whereof Major-
General Macomb, Commander of the Army of the United States, will take
the general command, and Brigadier- General Roger Jones, Adjutant-
General of the Army of the United States, will act as adjutant-general
and officer of the day. WALTER JONES,

Maj. Gen., Comdg. the Militia of the District of Columbia.

ADJUTANT-GENERAL'S OFFICE,

Washington, April 6, 184.1.

The Major-General Commanding the Army of the United States and
the major-general commanding the militia of the District of Columbia,
having been charged by the executive officers of the Government with
the military arrangements for the funeral honors to be paid to the patriot
and illustrious citizen, William Henry Harrison, late President of the
United States, direct the following order of arrangement:

ORDER OF THE PROCESSION.

EUNERAI, ESCORT.
(In column of march.)

Infantry.

Battalion of Baltimore volunteers.

Company of Annapolis volunteers.

Battalion of Washington volunteers.

Marines.

United States Marine Corps.

Corps of commissioned officers of the Baltimore volunteers, headed by a

major-general.

Cavalry.

Squadron of Georgetown Light Dragoons.
Artillery.

Troop of United States light artillery.
Dismounted officers of volunteers, Marine Corps, Navy, and Army in the

order named.
Mounted officers of volunteers, Marine Corps, Navy, and Army in the

order named.
Major-General Walter Jones, commanding the militia.

Aids-de-camp.

Major-General Macomb, Commanding the Army.
Aids-de-Camp.

William Henry Harrison 1884

CIVIC PROCESSION.

United States marshal for the District of Columbia and clerk of the Supreme Court

The mayors of Washington, Georgetown, and Alexandria.

Clergy of the District of Columbia and elsewhere.

Physicians to the President.

Funeral car with the corpse.

Pallbearers. — R. Cutts, esq., for Maine; Hon. J. B. Moore, for New Hampshire; Hon.
C. Cushing, Massachusetts; M. SL C. Clarke, esq., Rhode Island; W. B. Lloyd,
esq., Connecticut; Hon. Hiland Hall, Vermont; General John Granger, New
York; Hon. G. C. Washington, New Jersey; M. Willing, esq., Pennsylvania;
Hon. A. Naudain, Delaware; David Hoffman, esq., Maryland; Major Camp, Vir-
ginia; Hon. E. D. White, North Carolina; John Carter, esq., South Carolina;
General D. L. Clinch, Georgia; Th. Crittenden, esq., Kentucky; Colonel Rogers,
Tennessee; Mr. Graham, Ohio; M. Durald, esq., Louisiana; General Robert
Hanna, Indiana; Anderson Miller, esq., Mississippi; D. G. Garnsey, esq., Illinois;
Dr. Perrine, Alabama; Major Russell, Missouri; A. W. Lyon, esq., Arkansas;
General Howard, Michigan; Hon. J. D. Doty, Wisconsin; Hon, C. Downing,
Florida; Hon. W. B. Carter, Iowa; R. Smith, esq., District of Columbia.

Family and relatives of the late President.
The President of the United States and heads of Departments.

Ex-President Adams.
The Chief Justice and associate justices of the Supreme Court and district judges

of the United States.

The President of the Senate pro tempore and Secretary.
Senators and officers of the Senate.

Foreign ministers and suites.
United States and Mexican commissioners for the adjustment of claims under the

convention with Mexico.

Members of the House of Representatives, and officers.

Governors of States and Territories and members of State legislatures.

Judges of the circuit and criminal courts of the District of Columbia, with the

members of the bar and officers of the courts.

The judges of the several States.

The Comptrollers of the Treasury, Auditors, Treasurer, Register, Solicitor, and
Commissioners of Land Office, Pensions, Indian Affairs, Patents, and Public
Buildings.

The clerks, etc., of the several Departments, preceded by their respective chief
clerks, and all other civil officers of the Government.

Officers of the Revolution.
Officers and soldiers of the late war who served under the command of the

late President.

Corporate authorities of Washington.
Corporate authorities of Georgetown.
Corporate authorities of Alexandria.

Such societies and fraternities as may wish to join the procession, to report to the

marshal of the District, who will assign them their respective positions.

Citizens and strangers.

The troops designated to form the escort will assemble in the avenue
north of the President's house, and form line precisely at n o'clock
a. m. on Wednesday, the yth instant, with its right (Captain Ringgold's
troop of light artillery) resting opposite the western gate.

The procession will move precisely at 12 o'clock m., when minute guns
will be fired by detachments of artillery stationed near St. John's church
and the City Hall, and by the Columbian Artillery at the Capitol. At

1885 Messages and Papers of the Presidents

the same hour the bells of the several churches in Washington, George-
town, and Alexandria will be tolled.

At sunrise to-morrow, the yth instant, a Federal salute will be fired
from the military stations in the vicinity of Washington, minute guns
between the hours of 12 and 3, and a national salute at the setting of
the sun.

The usual badge of mourning will be worn on the left arm and on the
hilt of the sword.

The Adjutant- General of the Army is charged with the military
arrangements of the day, aided by the Assistant Adjutants- General on
duty at the Headquarters of the Army.

The United States marshal of the District has the direction of the civic
procession, assisted by the mayors of the cities of the District and the
clerk of the Supreme Court of the United States.

By order: ROGER JONES,

Adjutant-General United States Army.

CERTIFICATE OF THE DEATH OF PRESIDENT HARRISON.
[From official records, written on parchment, in the Btate Department.]

WASHINGTON, April 4., A. D. 184.1.

William Henry Harrison, President of the United States, departed this
life at the President's house, in this city, this morning, being Sunday,
the 4th day of April, A. D. 1841, at thirty minutes before i o'clock in the
morning; we whose names are hereunto subscribed being in the house,
and some of us in his immediate presence, at the time of his decease.
W. W. SEATON, DANL. WEBSTER,

Mayor of Washington. Secretary of State.

THOMAS MILLER, M. D., THOMAS EWING,

Attending Physician. Secretary of the Treasury.

ASHTON ALEXANDER, M. D., JNO. BELL,

Consulting Physician. Secretary of War.

WM. HAWLEY, J. J. CRITTENDEN,

Rector of St. Joint's Church. Attorney -General.

A. HUNTER, FR. GRANGER,

Marshal of the District of Columbia. Postmaster-General.

WM. THOS. CARROLL, JOHN CHAMBERS,

Clerk of Supreme Court U. S. £. s. TODD,

FLETCHER WEBSTER, DAVID O. COUPLAND,

Chief Clerk in the State Dept. Of the President's Family.

Let this be duly recorded and placed among the rolls.

DANL. WEBSTER,

Secretary of State.
Recorded in Domestic Letter Book by —

A. T. McCORMICK.

William Henry Harrison 1886

REPORT OP THE PHYSICIANS.

[From the Daily National Intelligencer, April 5, 1841.]

Hon. D. WEBSTER, WASHINGTON, April 4, i84r.

Secretary of State.

DEAR SIR: In compliance with the request made to us by yourself
and the other gentlemen of the Cabinet, the attending and consulting
physicians have drawn up the abstract of a report on the President's
case, which I herewith transmit to you.

Very respectfully, your obedient servant,

THO. MILLER,

Attending Physician.

On Saturday, March 27, 1841, President Harrison, after several days' previous
indisposition, was seized with a chill and other symptoms of fever. The next day
pneumonia, with congestion of the liver and derangement of the stomach and bowels,
was ascertained to exist. The age and debility of the patient, with the immediate
prostration, forbade a resort to general blood letting. Topical depletion, blistering,
and appropriate internal remedies subdued in a great measure the disease of the
lungs and liver, but the stomach and intestines did not regain a healthy condition.
Finally, on the 3d of April, at 3 o'clock p. m., profuse diarrhea came on, under which
he sank at thirty minutes to i o'clock on the morning of the 4th.

The last words uttered by the President, as heard by Dr. Worthington, were these:
"Sir, I wish you to understand the true principles of the Government. I wish them
carried out. I ask nothing more." THQ MIIXER, M. D.,

Attending Physician.
FRED. MAY, M. D.,
N. W. WORTHINGTON, M. D.,
J. C. HALL, M. D.,
ASHTON ALEXANDER, M. D.,

Consulting Physicians.

OATH OF OFFICE ADMINISTERED TO PRESIDENT JOHN TYLER IN
THE PRESENCE OF THE CABINET.*

[From the Daily National Intelligencer, April 7, 1841.]

I do solemnly swear that I will faithfully execute the office of Presi-
dent of the United States, and will to the best of my ability preserve,
protect, and defend the Constitution of the United States.

JOHN TYLER.
APRIL 6, 1841.

DISTRICT OF COLUMBIA,

City and County of Washington, ss:

I, William Cranch, chief judge of the circuit court of the District of Columbia,
certify that the above-named John Tyler personally appeared before me this day,
and although he deems himself qualified to perform the duties and exercise the

*The Secretary of the Navy was absent from the city.

1887 Messages and Papers of the Presidents

powers and office of President on the death of William Henry Harrison, late Presi-
dent of the United States, without any other oath than that which he has taken as
Vice-President, yet as doubts may arise, and for greater caution, took and subscribed
the foregoing oath before me. -^ CRANCH

APRIL 6, 1841.

PROCLAMATION.
To THE PEOPLE OF THE UNITED STATES.

A RECOMMENDATION.

WASHINGTON, April 13, 184.1.

When a Christian people feel themselves to be overtaken by a great
public calamity, it becomes them to humble themselves under the dis-
pensation of Divine Providence, to recognize His righteous government
over the children of men, to acknowledge His goodness in time past, as
well as their own unworthiness, and to supplicate His merciful protection
for the future.

The death of William Henry Harrison, late President of the United
States, so soon after his elevation to that high office, is a bereavement
peculiarly calculated to be regarded as a heavy affliction and to impress
all minds with a sense of the uncertainty of human things and of the
dependence of nations, as well as individuals, upon our Heavenly Parent.

I have thought, therefore, that I should be acting in conformity with
the general expectation and feelings of the community in recommend-
ing, as I now do, to the people of the United States of every religious
denomination that, according to their several modes and forms of worship,
they observe a day of fasting and prayer by such religious services as
maybe suitable on the occasion; and I recommend Friday, the i4th day
of May next, for that purpose, to the end that on that day we may all
with one accord join in humble and reverential approach to Him in
whose hands we are, invoking Him to inspire us with a proper spirit
and temper of heart and mind under these frowns of His providence and
still to bestow His gracious benedictions upon our Government and our
country. JQHN TyiyER

[For "A resolution manifesting the sensibility of Congress upon
the event of the death of William Henry Harrison, late President of
the United States,'' see p. 1908.]

QUESTION.

i. What three unsatisfactory schemes of finance have been tried
by the United States? Page 1898.

SUGGESTIONS.

The untimely death of William Henry Harrison one year and
four months after his inauguration prevented the making of much
history during his administration ; but his able inaugural address
is an excellent summary of the history of the country at the time.
Pages 1860 to 1876.

Read Harrison's Foreign Policy. Page 1873.

NOTE.

For further suggestions on Harrison's administration, see Har-
rison, William Henry, Encyclopedic Index.

By reading the Foreign Policy of each President, and by scan-
ning the messages as to the state of the nation, a thorough knowl-
edge of the history of the United States will be acquired from the
most authentic sources ; because, as has been said, ''Each Presi-
dent reviews the past, depicts the present and forecasts the future
of the nation."

John Tyler

April 4, 1841, to March 4, 1846

SEE ENCYCLOPEDIC INDEX.

The Encyclopedic Index is not only an index to the other volumes, not only a key that
unlocks the treasures of the entire publication, but it is in itself an alphabetically arranged
brief history or story of the great controlling events constituting the History of the United
States.

Under its proper alphabetical classification the story is told of every great subject
referred to by any of the Presidents in their official Messages, and at the end of each article
the official utterances of the Presidents themselves are cited upon the subject, so that you
may readily turn to the page in the body of the work itself for this original information.

Next to the possession of knowledge is the ability to turn at will to where knowledge
is to be found.

HOME AT SHERWOOD FOREST, GREENWAY, VIRGINIA, OF

JOHN TYLER

With reproduction of official portrait, by Healy, from the White House Collection

TYLER

No president of the Republic has created greater extremes of opinion
respecting his merits than John Tyler; and perhaps another generation
must pass before his administration can be justly or impartially weighed.
He came of an old English family, which settled in Virginia, in the early
days of that colony, and he was the fifth John Tyler in the line of
descent in his section of the State. Some have traced the family origin
to Watt Tyler, the celebrated English agitator, who became famous by
his rebellion near the close of the I4th Century. John Tyler seems to
have foreseen even in his early manhood the inevitable clash to come
between the slaveholding and non-slaveholding States. As a pro-slavery
man he accepted and followed the lead of John C. Calhoun in the nulli-
fication branch of the Democratic party; and he soon became a power
to be reckoned with in the politics of the country. His prominence was
such that he was put on the ticket with General \V. H. Harrison in 1840,
when the "Tippecanoe and Tyler" campaign developed into one of the
most exciting episodes of American politics. This campaign produced
a singular combination, the Whigs, the "National Republicans" and the
"Democratic Republicans," uniting on a ticket incongruous in its candi-
dates, but claimed with frantic enthusiasm, to represent the cherished
views of both the North and the South.

Tyle-r was expected to uphold and conserve the tenets of the State-
rights party, and to see that the Constitution was strictly construed in
all matters affecting the institution of slavery.

In one month after the inauguration, General Harrison died, and
Tyler became President. Instead of reorganizing the Cabinet on lines
of his own, he adopted the policy of retaining the existing Cabinet,
although many, and possibly all, of them felt more or less distrust of
Air. Tyler's fidelity to the platform on which the party had come into
power. The truth is, that the combination ticket of Harrison and Tyler
was the usual party trick, intended to unite discordant elements, and
having the sole object of obtaining votes enough to insure success.
Slavery agitation had already then become exciting if not violent. Har-
rison was recognized as an anti-slavery man, while Tyler was notoriously
allied in sentiment with the extreme section of the pro-slavery party of
the South. His nomination, therefore, in 1840, on the Whig ticket, was
to reap the fruits of disaffection in the Democratic party rather than to
make sure of fealty to Whig principles or to reward Mr. Tyler for any
services rendered to that party.

When Tyler vetoed the National Bank Bill in 1841, his party aban-
doned him with curses and maledictions accompanied with unpardonable
vehemence and violence.

i887-B

In all other respects his administration proved to be eminently suc-
cessful. A bankruptcy law, admittedly necessary to relieve the failures
following the panic of 1837, was passed, and a tariff law looking to
both revenue and protection was approved in 1842. Just before the
expiration of his term in 1845, Texas was admitted into the Union with
the mutual consent of the parties in interest, and on the true principles
of peaceable and healthful expansion, under which the inhabitants of
the new territory became at once clothed with every constitutional right,
and the State itself took its place as an equal member of the federal
union. The Northeastern boundary question which had long threatened
the public peace was honorably and satisfactorily settled during his
administration.

President Tyler's critics of that day aspersed his name with immoder-
ate abuse and seem to have delighted in calumniating his character, but
in the clearer light of subsequent history, it is admitted that much of
this detraction may be fairly attributed to the smarting anguish of party
disappointments, stimulated and aggravated by the fierce and unreason-
able passions which disgraced the politics of that period.

It is now perfectly clear that the advantages of the independent
treasury system, then recently adopted under the administration of Air.
Van Buren, are far better for both government and people than any
benefits to be derived from the fiscal agencies of a national bank. Time,
indeed, sets all things even. And Tyler's friends may now, with some
justification, claim that his treason to party proved to be a blessing to
his country.

When the great war of the Rebellion began in 1861, he came as a
delegate from Virginia to a "Peace Convention" at Washington, with
the vain hope of averting the horrors which he had already seen in the
prophetic visions of his youth, but it was too late.

He returned home from his fruitless mission to join the fortunes of
his State just then being hurried on with frantic zeal into a war more
fruitless still.

John Tyler was not without faults, but he was better than many who,
with shameless contumely, have aspersed his name.

He disregarded the behests of his party; and no man can survive this
act of disobedience, however justified he may be in the eyes of God or
of sensible men. The more ignorant or corrupt his party, the more
swift and certain in his ruin.

i88;-C

LET1TIA CHRISTIAN TYLER

T.KTITIA CHRISTIAN, of Virginia, President
Tyler's first wife, was extremely delicate, and
lived scarcely two years after his inauguration.
She was lovely and gentle, highly accomplished
and beautiful, greatly beloved by her husband and
familv, but seldom seen in public. Therefore dur-
ing his administration the \\hite 1 louse had
several mistresses. The duties of hostess some-
times devolved upon his married daughter, but
were generally assumed by his daughter-in-law,
Mrs. Robert Tyler, to whom were relegated the
duties of permanent hostess until, in 1844, the
President married Miss Julia Gardiner. The
ceremony took place at the Church of the Ascen-
sion in \e\v York City, and was the first
instance' of the marriage of a President, which
fact excited intense interest throughout the
United States. Mrs. Julia Tyler, for the remain-
ing eight months of the term, filled her position
creditably and gracefully. She died in iS8<j,
having long outlived her husband.

John Tyler

JOHN TYLER, second son of Judge John Tyler, governor cf Virginia
from 1808 to 1811, and Mary Armistead, was born at Greenway, Charles
City County, Va. , March 29, 1790. He was graduated at William and
Mary College in 1807. At college he showed a strong interest in ancient
history; was also fond of poetry and music, and was a skillful performer
on the violin. In 1809 he was admitted to the bar, and had already
begun to obtain a good practice when he was elected to the legislature.
Took his seat in that body in December, 1811. Was here a firm sup-
porter of Mr. Madison's Administration; and the war with Great Britain,
which soon followed, afforded him an opportunity to become conspicu-
ous as a forcible and persuasive orator. March 29, 1813, he married
Letitia, daughter of Robert Christian, and a few weeks afterwards was
called into the field at the head of a company of militia to take part
in the defense of Richmond, threatened by the British. This military
service lasted but a month. He was reelected to the legislature annually
until, in November, 1816, he was chosen to fill a vacancy in the United
States House of Representatives. Was reelected to the Fifteenth and
Sixteenth Congresses. In 1821, his health being seriously impaired, he
declined a reelection and retired to private life. In 1823 he was again
elected to the Virginia legislature. Here he was a friend to the candi-
dacy of William H. Crawford for the Presidency. In 1824 he was a
candidate to fill a vacancy in the United States Senate, but was defeated.
He opposed in 1825 the attempt to remove William and Mary College to
Richmond, and was afterwards made successively rector and chancellor
of the college, which prospered signally under his management. In
December, 1825, he was chosen by the legislature to the governorship
of Virginia, and in the following year was reelected by a unanimous
vote. In December, 1826, the friends of Clay and Adams combined
with the Democrats opposed to John Randolph and elected Mr. Tyler to
the United States Senate. In February, 1830, after taking part in the
Virginia convention for revising the State constitution, he returned to
his seat in the Senate, and found himself first drawn toward Jackson by
the veto message (May 27) upon the Maysville turnpike bill; supported
Jackson in the Presidential election of 1832, but broke with the Admin-
istration on the question of the removal of the deposits from the United

1888

1889 Messages and Papers of the Presidents

States Bank, and voted for Mr. Clay's resolution to censure the Presi-
dent. He was nominated by the State-rights Whigs for Vice- President
in 1835, and at the election on November 8, 1836, received 47 electoral
votes; but no candidate having a majority of electoral votes, the Senate
elected Richard M. Johnson, of Kentucky. The legislature of Virginia
having instructed the Senators from that State to vote for expunging the
resolutions of censure upon President Jackson, Mr. Tyler refused to obey
the instructions, resigned his seat, and returned home February 29, 1836.
On January 10, 1838, he was chosen president of the Virginia Coloni-
zation Society. In the spring of 1838 he was returned to the Virginia
legislature. In January, 1839, he was a candidate for reelection to the
United States Senate; the result was a deadlock, and the question was
indefinitely postponed before any choice had been made. December 4,
1839, the Whig national convention, at Harrisburg, Pa., nominated him
for Vice-President on the ticket with William Henry Harrison, and at
the election on November 10, 1840, he was elected, receiving 234 elect-
oral votes to 48 for Richard M. Johnson, of Kentucky. By the death of
President Harrison April 4, 1841, Mr. Tyler became President of the
United States. He took the oath of office on April 6. Among the more
important events of his Administration were the "Ashburton treaty'
with Great Britain, the termination of the Indian war in Florida, the
passage of the resolutions by Congress providing for the annexation of
Texas, and the treaty with China. On May 27, 1844, he was nominated
for President at a convention in Baltimore, but although at first he
accepted the nomination, he subsequently withdrew his name. On June
26, 1844, Mr. Tyler married Miss Julia Gardiner, of New York, his first
wife having died September 9, 1842. After leaving the White House
he took up his residence on his estate, Sherwood Forest, near Greenway,
Va. , on the bank of the James River. Was president of the Peace Con-
vention held at Washington February 4, 1861. Afterwards, as a delegate
to the Virginia State convention, he advocated the passage of an ordi-
nance of secession. In May, 1861, he was unanimously elected a member
of the provisional congress of the Confederate States. In the following
autumn he was elected to the permanent congress, but died at Richmond
January 18, 1862, before taking his seat, and was buried in Hollywood
Cemetery, in that city.

INAUGURAL ADDRESS.

To the People of the United States. WASHINGTON, April ?, 1841.

FELLOW-CITIZENS: Before my arrival at the seat of Government the
painful communication was made to you by the officers presiding over
the several Departments of the deeply regretted death of William Henry
Harrison, late President of the United States. Upon him you had

John Tylei 1890

conferred your suffrages for the first office in your gift, and had selected
him as your chosen instrument to correct and reform all such errors and
abuses as had manifested themselves from time to time in the practical
operation of the Government. While standing at the threshold of this
great work he has by the dispensation of an all-wise Providence been
removed from amongst us, and by the provisions of the Constitution the
efforts to be directed to the accomplishing of this vitally important task
have devolved upon myself. This same occurrence has subjected the
wisdom and sufficiency of our institutions to a new test. For the first
time in our history the person elected to the Vice- Presidency of the United
States, by the happening of a contingency provided for in the Constitu-
tion, has had devolved upon him the Presidential office. The spirit
of faction, which is directly opposed to the spirit of a lofty patriotism,
may find in this occasion for assaults upon my Administration; and
in succeeding, under circumstances so sudden and unexpected and to
responsibilities so greatly augmented, to the administration of public
affairs I shall place in the intelligence and patriotism of the people my
Duly sure reliance. My earnest prayer shall be constantly addressed to
the all-wise and all-powerful Being who made me, and by whose dispen-
sation I am called to the high office of President of this Confederacy,
understandingly to carry out the principles of that Constitution which
I have sworn "to protect, preserve, and defend."

The usual opportunity which is afforded to a Chief Magistrate upon
his induction to office of presenting to his countrymen an exposition of
the policy which would guide his Administration, in the form of an
inaugural address, not having, under the peculiar circumstances which
have brought me to the discharge of the high duties of President of the
United States, been afforded to me, a brief exposition of the principles
which will govern me in the general course of my administration of
public affairs would seem to be due as well to myself as to you.

In regard to foreign nations, the groundwork of my policy will be jus-
tice on our part to all, submitting to injustice from none. While I shall
sedulously cultivate the relations of peace and amity with one and all,
it will be my most imperative duty to see that the honor of the coun-
try shall sustain no blemish. With a view to this, the condition of
our military defenses will become a matter of anxious solicitude. The
Army, which has in other days covered itself with renown, and the
Navy, not inappropriately termed the right arm of the public defense,
which has spread a light of glory over the American standard in all the
waters of the earth, should be rendered replete with efficiency.

In view of the fact, well avouched by history, that the tendency of all
human institutions is to concentrate power in the hands of a single man,
and that their ultimate downfall has proceeded from this cause, I deem it
of the most essential importance that a complete separation should take
place between the sword and the purse. No matter where or how the
public moneys shall be deposited, so long as the President can exert
the power of appointing and removing at his pleasure the agents selected

1891 Messages and Papers of the Presidents

for their custody the Commander in Chief of the Army and Navy is in
fact the treasurer. A permanent and radical change should therefore be
decreed. The patronage incident to the Presidential office, already great,
is constantly increasing. Such increase is destined to keep pace with
the growth of our population, until, without a figure of speech, an army
of officeholders may be spread over the laud. The unrestrained power
exerted by a selfishly ambitious man in order either to "perpetuate his
authority or to hand it over to some favorite as his successor may lead
to the employment of all the means within his control to accomplish
his object. The right to remove from office, while subjected to no just
restraint, is inevitably destined to produce a spirit of crouching servility
with the official corps, which, in order to uphold the hand which feeds
them, would lead to direct and active interference in the elections, both
State and Federal, thereby subjecting the course of State legislation to
the dictation of the chief executive officer and making the will of that
officer absolute and supreme. I will at a proper time invoke the action
of Congress upon this subject, and shall readily acquiesce in the adoption
of all proper measures which are calculated to arrest these evils, so full of
danger in their tendency. I will remove no incumbent from office who
has faithfully and honestly acquitted himself of the duties of his office,
except in such cases where such officer has been guilty of an active parti-
sanship or by secret means — the less manly, and therefore the more objec-
tionable— has given his official influence to the purposes of party, thereby
bringing the patronage of the Government in conflict with the freedom
of elections. Numerous removals may become necessary under this rule.
These will be made by me through no acerbity of feeling — I have had no
cause to cherish or indulge unkind feelings toward any — but my con-
duct will be regulated by a profound sense of what is due to the country
and its institutions; nor shall I neglect to apply the same unbending
rule to those of my own appointment. Freedom of opinion will be toler-
ated, the full enjoyment of the right of suffrage will be maintained as
the birthright of every American citizen; but I say emphatically to the
official corps, ' ' Thus far and no farther. ' ' I have dwelt the longer upon
this subject because removals from office are likely often to arise, and 1
would have my countrymen to understand the principle of the Executive
action.

In all public expenditures the most rigid economy should be resorted
to, and, as one of its results, a public debt in time of peace be sedulously
avoided. A wise and patriotic constituency will never object to the
imposition of necessary burdens for useful ends, and true wisdom dic-
tates the resort to such means in order to supply deficiencies in the
revenue, rather than to those doubtful expedients which, ultimating in
a public debt, serve to embarrass the resources of the country and to
lessen its ability to meet any great emergency which may arise. All
sinecures should be abolished. The appropriations should be direct and
explicit, so as to leave as limited a share of discretion to the disbursing
agents as may be found compatible with the public service. A strict

John Tyler 1892

responsibility on the part of all the agents of the Government should be
maintained and peculation or defalcation visited with immediate expul-
sion from office and the most condign punishment.

The public interest also demands that if any war has existed between
the Government and the currency it shall cease. Measures of a financial
character now having the sanction of legal enactment shall be faithfully
enforced until repealed by the legislative authority. But I owe it to
myself to declare that I regard existing enactments as unwise and impoli-
tic and in a high degree oppressive. I shall promptly give my sanction
to any constitutional measure which, originating in Congress, shall have
for its object the restoration of a sound circulating medium, so essentially
necessary to give confidence in all the transactions of life, to secure to
industry its just and adequate rewards, and to reestablish the public
prosperity. In deciding upon the adaptation of any such measure to
the end proposed, as well as its conformity to the Constitution, I shall
resort to the fathers of the great republican school for advice and instruc-
tion, to be drawn from their sage views of our system of government and
the light of their ever-glorious example.

The institutions under which we live, my countrymen, secure each
person in the perfect enjoyment of all his rights. The spectacle is exhib-
ited to the world of a government deriving its powers from the consent of
the governed and having imparted to it only so much power as is neces-
sary for its successful operation. Those who are charged with its admin-
istration should carefully abstain from all attempts to enlarge the range
of powers thus granted to the several departments of the Government
other than by an appeal to the people for additional grants, lest by so
doing they disturb that balance which the patriots and statesmen who
framed the Constitution designed to establish between the Federal Gov-
ernment and the States composing the Union. The observance of these
rules is enjoined upon us by that feeling of reverence and affection which
finds a place in the heart of every patriot for the preservation of union
and the blessings of union — for the good of our children and our children's
children through countless generations. An opposite course could not
fail to generate factions intent upon the gratification of their selfish ends,
to give birth to local and sectional jealousies, and to ultimate either in
breaking asunder the bonds of union or in building up a central system
which would inevitably end in a bloody scepter and an iron crown.

In conclusion I beg you to be assured that I shall exert myself to
carry the foregoing principles into practice during my administration of
the Government, and, confiding in the protecting care of an evenvatch-
ful and overruling Providence, it shall be my first and highest duty to
preserve unimpaired the free institutions under which we live and trans-
mit them to those who shall succeed me in their full force and vigor.

JOHN TYLER.

[For proclamation of President Tyler recommending, in consequence of
the death of President Harrison, a day of fasting and prayer, see p. 1887.]

1893 Messages and Papers of the Presidents

SPECIAL SESSION MESSAGE.

WASHINGTON, June T, 184.1.
To the Senate and House of Representatives of the United States.

FELLOW-CITIZENS: You have been assembled in your respective halls
of legislation under a proclamation bearing the signature of the illustri-
ous citizen who was so lately called by the direct suffrages of the people
to the discharge of the important functions of their chief executive office.
Upon the expiration of a single month from the day of his installation he
has paid the great debt of nature, leaving behind him a name associated
with the recollection of numerous benefits conferred upon the country
during a long life of patriotic devotion. With this public bereavement
are connected other considerations which will not escape the attention
of Congress. The preparations necessary for his removal to the seat of
Government in view of a residence of four years must have devolved
upon the late President heavy expenditures, which, if permitted to bur-
then the limited resources of his private fortune, may tend seriously to
the embarrassment of his surviving family; and it is therefore respect-
fully submitted to Congress whether the ordinary principles of justice
would not dictate the propriety of its legislative interposition. By the
provisions of the fundamental law the powers and duties of the high
station to which he was elected have devolved upon me, and in the
dispositions of the representatives of the States and of the people will
be found, to a great extent, a solution of the problem to which our
institutions are for the first time subjected.

In entering upon the duties of this office I did not feel that it would be
becoming in me to disturb what had been ordered by my lamented prede-
cessor. Whatever, therefore, may have been my opinion originally as
to the propriety of convening Congress at so early a day from that of its
late adjournment, I found a new and controlling inducement not to inter-
fere with the patriotic desires of the late President in the novelty of the
situation in which I was so unexpectedly placed. My first wish under
such circumstances would necessarily have been to have called to my
aid in the administration of public affairs the combined wisdom of the
two Houses of Congress, in order to take their counsel and advice as to
the best mode of extricating the Government and the country from the
embarrassments weighing heavily on both. I am, then, most happy in
finding myself so soon after my accession to the Presidency surrounded
by the immediate representatives of the States and people.

No important changes having taken place in our foreign relations since
the last session of Congress, it is not deemed necessary on this occasion
to go into a detailed statement in regard to them. I am happy to say
that I see nothing to destroy the hope of being able to preserve peace.

John Tyler 1894

The ratification of the treaty with Portugal has been duly exchanged
between the two Governments. This Government has not been inatten-
tive to the interests of those of our citizens who have claims on the Gov-
ernment of Spain founded on express treaty stipulations, and a hope is
indulged that the representations which have been made to that Govern-
ment on this subject may lead ere long to beneficial results.

A correspondence has taken place between the Secretary of State and
the minister of Her Britannic Majesty accredited to this Government
on the subject of Alexander Mcl^eod's indictment and imprisonment,
copies of which are herewith communicated to Congress.

In addition to what appears from these papers, it may be proper to
state that Alexander McL,eod has been heard by the supreme court of the
State of New York on his motion to be discharged from imprisonment,
and that the decision of that court has not as yet been pronounced.

The Secretary of State has addressed to me a paper upon two subjects
interesting to the commerce of the country, which will receive my con-
sideration, and which I have the honor to communicate to Congress.

So far as it depends on the course of this Government, our relations of
good will and friendship will be sedulously cultivated with all nations.
The true American policy will be found to consist in the exercise of a
spirit of justice, to be manifested in the discharge of all our international
obligations to the weakest of the family of nations as well as to the most
powerful. Occasional conflicts of opinion may arise, but when the dis-
cussions incident to them are conducted in the language of truth and
with a strict regard to justice the scourge of war will for the most part
be avoided. The time ought to be regarded as having gone by when
a resort to arms is to be esteemed as the only proper arbiter of national
differences.

The census recently taken shows a regularly progressive increase in our
population . Upon the breaking out of the War of the Revolution our num-
bers scarcely equaled 3,000,000 souls; they already exceed 17,000,000,
and will continue to progress in a ratio which duplicates in a period of
about twenty-three years. The old States contain a territory sufficient
in itself to maintain a population of additional millions, and the most
populous of the new States may even yet be regarded as but partially
settled, while of the new lands on this side of the Rocky Mountains, to
say nothing of the immense region which stretches from the base of those
mountains to the mouth of the Columbia River, about 770,000,000 acres,
ceded and unceded, still remain to be brought into market. We hold out
to the people of other countries an invitation to come and settle among
'us as members of our rapidly growing family, and for the blessings which
we offer them we require of them to look upon our country as their coun-
try and to unite with us in the great task of preserving our institutions
and thereby perpetuating our liberties. Xo motive exists for foreign
conquest; we desire but to reclaim our almost illimitable wildernesses

1895 Messages and Papers of the Presidents

and to introduce into their depths the lights of civilization. While we
shall at all times be prepared to vindicate the national honor, our most
earnest desire will be to maintain an unbroken peace.

In presenting the foregoing views I can not withhold the expression
of the opinion that there exists nothing in the extension of our Empire
over our acknowledged possessions to excite the alarm of the patriot for
the safety of our institutions. The federative system, leaving to each
State the care of its domestic concerns and devolving on the Federal
Government those of general import, admits in safety of the greatest
expansion; but at the same time I deem it proper to add that there will
be found to exist at all times an imperious necessity for restraining all
the functionaries of this Government within the range of their respective
powers, thereby preserving a just balance between the powers granted to
this Government and those reserved to the States and to the people.

From the report of the Secretary of the Treasury you will perceive
that the fiscal means, present and accruing, are insufficient to supply
the wants of the Government for the current year. The balance in the
Treasury on the 4th day of March last not covered by outstanding drafts,
and exclusive of trust funds, is estimated at $860,000. This includes
the sum of $215,000 deposited in the Mint and its branches to procure
metal for coining and in process of coinage, and which could not be
withdrawn without inconvenience, thus leaving subject to draft in the
various depositories the sum of $645,000. By virtue of two several
acts of Congress the Secretary of the Treasury was authorized to issue
on and after the 4th day of March last Treasury notes to the amount of
$5,413,000, making an aggregate available fund of $6,058,000 on hand.

But this fund was chargeable, with outstanding Treasury notes re-
deemable in the current year and interest thereon, to the estimated
amount of $5,280,000. There is also thrown upon the Treasury the
payment of a large amount of demands accrued in whole or in part in
former years, which will exhaust the available means of the Treasury
and leave the accruing revenue, reduced as it is in amount, burthened
with debt and charged with the current expenses of the Government.

The aggregate amount of outstanding appropriations on the 4th day
of March last was $33,429,616.50, of which $24,210,000 will be re-
quired during the current year ; and there will also be required foi the
use of the War Department additional appropriations to the amount of
$2,511,132.98, the special objects of which will be seen by reference
to the report of the Secretary of War. The anticipated means of the
Treasury are greatly inadequate to this demand. The receipts from
customs for the last three quarters of the last year and first quarter
of the present year amounted to $12,100,000; the receipts for lands for
the same time to $2,742,450, shewing an average revenue from, both
sources of $1,236,870 per month.

A gradual expansion of trade, growing out of a restoration of confi-
dence, together with a reduction in the expenses of collecting: and punc-
tuality on the part of collecting officers, may cause an addition to the

John Tyler 1896

monthly receipts from the customs. They are estimated for the residue
of the year from the 4th of March at $12,000,000. The receipts from
the public lands for the same time are estimated at $2,500,000, and
from miscellaneous sources at $170,000, making an aggregate of avail-
able fund within the year of $15,315,000, which will leave a probable
deficit of $11,406,132.98. To meet this some temporary provision is
necessary until the amount can be absorbed by the excess of revenues
which are anticipated to accrue at no distant day.

There will fall due within the next three months Treasury notes of the
issues of 1840, including interest, about $2,850,000. There is charge-
able in the same period for arrearages for taking the Sixth Census
$294,000, and the estimated expenditures for the current service are
about $8,100,000, making the aggregate demand upon the Treasury
prior to the ist of September next about $11,340,000.

The ways and means in the Treasury and estimated to accrue within
the above-named period consist of about $694,000 of funds available
on the 28th ultimo, an unissued balance of Treasury notes authorized by
the act of 1841 amounting to $1,955,000, and estimated receipts from all
sources of $3,800,000, making an aggregate of about $6,450,000, and leav-
ing a probable deficit on the ist of September next of $4,845,000.

In order to supply the wants of the Government, an intelligent con-
stituency, in view of their best interests, will without hesitation submit
to all necessary burthens. But it is nevertheless important so to impose
them as to avoid defeating the just expectations of the country growing
out of preexisting laws. The act of the 2d of March, 1833, commonly
called the "compromise act, "should not be altered except under urgent
necessities, which are not believed at this time to exist. One year only
remains to complete the series of reductions provided for by that law,
at which time provisions made by the same law, and which then will
be brought actively in aid of the manufacturing interests of the Union,
will not fail to produce the most beneficial results. Under a system of
discriminating duties imposed for purposes of revenue, in unison with
the provisions of existing laws, it is to be hoped that our policy will
in the future be fixed and permanent, so as to avoid those constant
fluctuations which defeat the very objects they have in view. We shall
thus best maintain a position which, while it will enable us the more
readily to meet the advances of other countries calculated to promote
our trade and commerce, will at the same time leave in our own hands
the means of retaliating with greater effect unjust regulations.

In intimate connection with the question of revenue is that which
makes provision for a suitable fiscal agent, capable of adding increased
facilities in the collection and disbursement of the public revenues, ren-
dering more secure their custody, and consulting a true economy in the
great, multiplied, and delicate operations of the Treasury Department.
Upon such an agent depends in an eminent degree the establishment of
a currency of uniform value, which is of so great importance to all the
essential interests of society, and on the wisdom to be manifested in its

1897 Messages and Papers of the Presidents

creation much depends. So intimately interwoven are its operations,
not only with the interests of individuals, but of States, that it may be
regarded to a great degree as controlling both. If paper be used as the
chief medium of circulation, and the power be vested in the Government
of issuing it at pleasure, either in the form of Treasury drafts or any
other, or if banks be used as the public depositories, with liberty to
regard all surpluses from day to day as so much added to their active
capital, prices are exposed to constant fluctuations and industry to severe
suffering. In the one case political considerations directed to party pur-
poses may control, while excessive cupidity may prevail in the other.
The public is thus constantly liable to imposition. Expansions and
contractions may follow each other in rapid succession — the one engen-
dering a reckless spirit of adventure and speculation, which embraces
States as well as individuals, the other causing a fall in prices and
accomplishing an entire change in the aspect of affairs. .Stocks of all
sorts rapidly decline, individuals are ruined, and States embarrassed
even in their efforts to meet with punctuality the interest on their debts.
Such, unhappily, is the condition of things now existing in the United
States. These effects may readily be traced to the causes above referred
to. The public revenues, being removed from the then Bank of the
United States, under an order of a late President, were placed in selected
State banks, which, actuated by the double motive of conciliating the
Government and augmenting their profits to the greatest possible extent,
enlarged extravagantly their discounts, thus enabling all other existing
banks to do the same; large dividends were declared, which, stimulating
the cupidity of capitalists, caused a rush to be made to the legislatures
of the respective States for similar acts of incorporation, which by
many of the States, under a temporary infatuation, were readily granted,
and thus the augmentation of the circulating medium, consisting almost
exclusively of paper, produced a most fatal delusion. An illustration
derived from the land sales of the period alluded to will serve best to
show the effect of the whole system. The average sales of the public
lands for a period of ten years prior to 1834 had not much exceeded
$2,000,000 per annum. In 1834 they attained in round numbers to the
amount of $6,000,000; in the succeeding year of 1835 they reached
$16,000,000, and the next year of 1836 they amounted to the enor-
mous sum of $25,000,000, thus crowding into the short space of three
years upward of twenty- three years' purchase of the public domain.
So apparent had become the necessity of arresting this course of things
that the executive department assumed the highly questionable power of
discriminating in the funds to be used in payment by different classes
of public debtors — a discrimination which was doubtless designed to
correct this most ruinous state of things by the exaction of specie in all
payments for the public lands, but which could not at once arrest the
tide \vhich had so strongly set in, Hence the demands for specie became

John Tyler 1898

unceasing, and corresponding prostration rapidly ensued under the
necessities created with the banks to curtail their discounts and thereby
to reduce their circulation. I recur to these things with no disposi-
tion to censure preexisting Administrations of the Government, but
simply in exemplification of the truth of the position which I have
assumed. If, then, any fiscal agent which may be created shall be
placed, without due restrictions, either in the hands of the administra-
tors of the Government or those of private individuals, the temptation
to abuse will prove to be resistless. Objects of political aggrandize-
ment may seduce the first, and the promptings of a boundless cupidity
will assail the last. Aided by the experience of the past, it will be the
pleasure of Congress so to guard and fortify the public interests in
the creation of any new agent as to place them, so far as human wis-
dom can accomplish it, on a footing of perfect security. Within a few
years past three different schemes have been before the country. The
charter of the Bank of the United States expired by its own limitations
in 1836. An effort was made to renew it, which received the sanction
of the two Houses of Congress, but the then President of the United
States exercised his veto power and the measure was defeated. A regard
to truth requires me to say that the President was fully sustained &
the course he had taken by the popular voice. His successor to the
chair of state unqualifiedly pronounced his opposition to any new char-
ter of a similar institution, and not only the popular election which
brought him into power, but the elections through much of his term,
seemed clearly to indicate a concurrence with him in sentiment on the
part of the people. After the public moneys were withdrawn from
the United States Bank they were placed in deposit with the State banks,
and the result of that policy has been before the country. To say noth-
ing as to the question whether that experiment was made under pro-
pitious or adverse circumstances, it may safely be asserted that it did
receive the unqualified condemnation of most of its early advocates, and, it
is believed, was also condemned by the popular sentiment. The existing
subtreasury system does not seem to stand in higher favor with the peo-
ple, but has recently been condemned in a manner too plainly indicated
to admit of a doubt. Thus in the short period of eight years the popu-
lar voice may be regarded as having successively condemned each of the
three schemes of finance to which I have adverted. As to the first, it
was introduced at a time (1816) when the State banks, then compara-
tively few in number, had been forced to suspend specie payments by
reason of the war which had previously prevailed with Great Britain.
Whether if the United States Bank charter, which expired in 1811, had
been renewed in due season it would have been enabled to continue
specie payments during the war and the disastrous period to the com-
merce of the country which immediately succeeded is, lo say the least,
problematical, and whether the United States Bank of 1816 produced a

1899 Messages and Papers of the Presidents

restoration of specie payments or the same was accomplished through
the instrumentality of other means was a matter of some difficulty at that
time to determine. Certain it is that for the first years of the operation
of that bank its course was as disastrous as for the greater part of its
subsequent career it became eminently successful. As to the second, the
experiment was tried with a redundant Treasury, which continued to
increase until it seemed to be the part of wisdom to distribute the sur-
plus revenue among the States, which, operating at the same time with
the specie circular and the causes before adverted to, caused them to
suspend specie payments and involved the country in the greatest embar-
rassment. And as to the third, if carried through all the stages of its
transmutation from paper and specie to nothing but the precious metals,
to say nothing of the insecurity of the public moneys, its injurious effects
have been anticipated by the country in its unqualified condemnation.
What is now to be regarded as the judgment of the American people on
this whole subject I have no accurate means of determining but by appeal-
ing to their more immediate representatives. The late contest, which
terminated in the election of General Harrison to the Presidency, was
decided on principles well known and openly declared, and while the
subtreasury received in the result the most decided condemnation, yet no
other scheme of finance seemed to have been concurred in. To you,
then, who have come more directly from the body of our common con-
stituents, I submit the entire question, as best qualified to give a full
exposition of their wishes and opinions. I shall be ready to concur
with you in the adoption of such system as you may propose, reserving
to myself the ultimate power of rejecting any measure which may, in
my view of it, conflict with the Constitution or otherwise jeopardize the
prosperity of the country — a power which I could not part with even
if I would, but which I will not believe any act of yours will call into
requisition.

I can not avoid recurring, in connection with this subject, to the neces-
sity which exists for adopting some suitable measure whereby the unlim-
ited creation of banks by the States may be corrected in future. Such
result can be most readily achieved by the consent of the States, to be
expressed in the form of a compact among themselves, which they can
only enter into with the consent and approbation of this Government — a
consent which might in the present emergency of the public demands
justifiably be given by Congress in advance of any action by the States, as
an inducement to such action, upon terms well defined by the act of tender.
Such a measure, addressing itself to the calm reflection of the States,
would find in the experience of the past and the condition of the present
much to sustain it; and it is greatly to be doubted whether any scheme
of finance can prove for any length of time successful while the States
shall continue in the unrestrained exercise of the power of creating
banking corporations. This power can only be limited by their consent.

John Tyler 1900

With the adoption of a financial agency of a satisfactory character the
hope may be indulged that the country may once more return to a state
of prosperity. Measures auxiliary thereto, and in some measure insepa-
rably connected with its success, will doubtless claim the attention of
Congress. Among such, a distribution of the proceeds of the sales of the
public lands, provided such distribution does not force upon Congress
the necessity of imposing upon commerce heavier burthens than those
contemplated by the act of 1833, would act as an efficient remedial meas-
ure by being brought directly in aid of the States. As one sincerely
devoted to the task of preserving a just balance in our system of Govern-
ment by the maintenance of the States in a condition the most free and
respectable and in the full possession of all their power, I can no other-
wise than feel desirous for their emancipation from the situation to which
the pressure on their finances now subjects them. And while I must
repudiate, as a measure founded in error and wanting constitutional
sanction, the slightest approach to an assumption by this Government of
the debts of the States, yet I can see in the distribution adverted to much
to recommend it. The compacts between the proprietor States and this
Government expressly guarantee to the States all the benefits which may
arise from the sales. The mode by which this is to be effected addresses
itself to the discretion of Congress as the trustee for the States, and its
exercise after the most beneficial manner is restrained by nothing in the
grants or in the Constitution so long as Congress shall consult that equal-
ity in the distribution which the compacts require. In the present con-
dition of some of the States the question of distribution may be regarded
as substantially a question between direct and indirect taxation. If the
distribution be not made in some form or other, the necessity will daily
become more urgent with the debtor States for a resort to an oppressive
system of direct taxation, or their credit, and necessarily their power and
influence, will be greatly diminished. The payment of taxes after the
most inconvenient and oppressive mode will be exacted in place of con-
tributions for the most part voluntarily made, and therefore compara-
tively unoppressive. The States are emphatically the constituents of this
Government, and we should be entirely regardless of the objects held in
view by them in the creation of this Government if we could be indiffer-
ent to their good. The happy effects of such a measure upon all the
States would immediately be manifested. With the debtor States it
would effect the relief to a great extent of the citizens from a heavy
burthen of direct taxation, which presses with severity on the laboring
classes, and eminently assist in restoring the general prosperity. An
immediate advance would take place in the price of the State securities,
and the attitude of the States would become once more, as it should ever
be, lofty and erect. With States laboring tinder no extreme pressure
from debt, the fund which they would derive from this source would
enable them to improve their condition in an eminent degree. So far
62

1901 Messages and Papers of the Presidents

as this Government is concerned, appropriations to domestic objects
approaching in amount the revenue derived from the land sales might
be abandoned, and thus a system of unequal, and therefore unjust,
legislation would be substituted by one dispensing equality to all the
members of this Confederacy. Whether such distribution should be
made directly to the States in the proceeds of the sales or in the form
of profits by virtue of the operations of any fiscal agency having those
proceeds as its basis, should such measure be contemplated by Congress,
would well deserve its consideration. Nor would such disposition of
the proceeds of the sales in any manner prevent Congress from time
to time from passing all necessary preemption laws for the benefit of
actual settlers, or from making any new arrangement as to the price
of the public lands which might in future be esteemed desirable.

I beg leave particularly to call your attention to the accompanying
report from the Secretary of War. Besides the present state of the
war which has so long afflicted the Territory of Florida, and the various
other matters of interest therein referred to, you will learn from it that
the Secretary has instituted an inquiry into abuses, which promises to
develop gross enormities in connection with Indian treaties which have
been negotiated, as well as in the expenditures for the removal and sub-
sistence of the Indians. He represents also other irregularities of a
serious nature that have grown up in the practice of the Indian Depart-
ment, which will require the appropriation of upward of $200,000 to
correct, and which claim the immediate attention of Congress.

In reflecting on the proper means of defending the country we can not
shut our eyes to the consequences which the introduction and use of the
power of steam upon the ocean are likely to produce in wars between
maritime states. We can not yet see the extent to which this power
may be applied in belligerent operations, connecting itself as it does with
recent improvements in the science of gunnery and projectiles; but we
need have no fear of being left, in regard to these things, behind the
most active and skillful of other nations if the genius and enterprise
of our fellow-citizens receive proper encouragement and direction from
Government.

True wisdom would nevertheless seem to dictate the necessity of placing
in perfect condition those fortifications which are designed for the pro-
tection of our principal cities and roadsteads. For the defense of our
extended maritime coast our chief reliance should be placed on our Navy,
aided by those inventions which are destined to recommend themselves
to public adoption, but no time should be lost in placing our principal
cities on the seaboard and the Lakes in a state of entire security from for-
eign assault. Separated as we are from the countries of the Old World,
and in much unaffected by their policy, we are happily relieved from the
necessity of maintaining large standing armies in times of peace. The
policy which was adopted by Mr. Monroe shortly after the conclusion of

John Tyler 1902

the late war with Great Britain of preserving a regularly organized staff
sufficient for the command of a large military force should a necessity
for one arise is founded as well in economy as in true wisdom. Provi-
sion is thus made, upon filling up the rank and file, which can readily be
done on any emergency, for the introduction of a system of discipline
both promptly and efficiently. All that is required in time of peace is to
maintain a sufficient number of men to guard our fortifications, to meet
any sudden contingency, and to encounter the first shock of war. Our
chief reliance must be placed on the militia; they constitute the great body
of national guards, and, inspired by an ardent love of country, will be
found ready at all times and at all seasons to repair with alacrity to its
defense. It will be regarded by Congress, I doubt not, at a suitable time
as one of its highest duties to attend to their complete organization and
discipline.

The state of the navy pension fund requires the immediate attention of
Congress. By the operation of the act of the 3d of March, 1837, entitled
"An act for the more equitable administration of the navy pension fund,"
that fund has been exhausted. It will be seen from the accompanying
report of the Commissioner of Pensions that there will be required for
the payment of navy pensions on the ist of July next $88,706.06^, and
on the ist of January, 1842, the sum of $69,000. In addition to these
sums, about $6,000 will be required to pay arrears of pensions which will
probably be allowed between the ist of July and the ist of January, 1842,
making in the whole $163,706.06^?. To meet these payments there
is within the control of the Department the sum of $28,040, leaving a
deficiency of $139,666.06^. The public faith requires that immediate
provision should be made for the payment of these sums.

In order to introduce into the Navy a desirable efficiency, a new sys-
tem of accountability may be found to be indispensably necessary. To
mature a plan having for its object the accomplishment of an end so
important and to meet the just expectations of the country require more
time than has yet been allowed to the Secretary at the head of the
Department. The hope is indulged that by the time of your next regu-
lar session measures of importance in connection with this branch of the
public service may be matured for your consideration.

Although the laws regulating the Post-Office Department only require
from the officer charged with its direction to report at the usual annual
session of Congress, the Postmaster- General has presented to me some
facts connected with the financial condition of the Department which
are deemed worthy the attention of Congress. By the accompanying
report of that officer it appears the existing liabilities of that Depart-
ment beyond the means of payment at its command can not be less than
$500,000. As the laws organizing that branch of the public service
confine the expenditure to its own revenues, deficiencies therein can not
be presented under the usual estimates for the expenses of Government.

1903 Messages and Papers of the Presidents

It must therefore be left to Congress to determine whether the moneys
now due the contractors shall be paid from the public Treasury or
whether that Department shall continue under its present embarrass-
ments. It will be seen by the report of the Postmaster- General that the
recent lettings of contracts in several of the States have been made at
such reduced rates of compensation as to encourage the belief that if
the Department was relieved from existing difficulties its future opera-
tions might be conducted without any further call upon the general
Treasury.

The power of appointing to office is one of a character the most deli-
cate and responsible. The appointing power is evermore exposed to be
led into error. With anxious solicitude to select the most trustworthy
for official station, I can not be supposed to possess a personal knowledge
of the qualifications of every applicant. I deem it, therefore, proper in
this most public manner to invite on the part of the Senate a just scru-
tiny into the character and pretensions of every person I may bring to
their notice in the regular form of a nomination for office. Unless
persons every way trustworthy are employed in the public service, cor-
ruption and irregularity will inevitably follow. I shall with the greatest
cheerfulness acquiesce in the decision of that body, and, regarding it as
wisely constituted to aid the executive department in the performance
of this delicate duty, I shall look to its ' ' consent and advice ' ' as given
only in furtherance of the best interests of the country. I shall also
at the earliest proper occasion invite the attention of Congress to such
measures as in my judgment will be best calculated to regulate and con-
trol the Executive power in reference to this vitally important subject.

I shall also at the proper season invite your attention to the statutory
enactments for the suppression of the slave trade, which may require
to be rendered more efficient in their provisions. There is reason to
believe that the traffic is on the increase. Whether such increase is
to be ascribed to the abolition of slave labor in the British possessions
in our vicinity and an attendant diminution in the supply of those arti-
cles which enter into the general consumption of the world, thereby
augmenting the demand from other quarters, and thus calling for addi-
tional labor, it were needless to inquire. The highest considerations of
public honor as well as the strongest promptings of humanity require
a resort to the most vigorous efforts to suppress the trade.

In conclusion I beg to invite your particular attention to the interests
of this District ; nor do I doubt but that in a liberal spirit of legislation
you will seek to advance its commercial as well as its local interests.
Should Congress deem it to be its dut}T to repeal the existing subtreasury
law, the necessity of providing a suitable place of deposit of the public-
moneys which may be required within the District must be apparent
to all.

I have felt it due to the country to present the foregoing topics to

John Tyler IOO4

your consideration and reflection. Others with which it might not seem
proper to trouble you at an extraordinary session will be laid before
you at a future day. I am happy in committing the important affairs of
the country into your hands. The tendency of public sentiment, I am
pleased to believe, is toward the adoption, in a spirit of union and har-
mony, of such measures as will fortify the public interests. To cherish
such a tendency of public opinion is the task of an elevated patriotism.
That differences of opinion as to the means of accomplishing these desir-
able objects should exist is reasonably to be expected. Nor can all be
made satisfied with any system of measures; but I flatter myself with
the hope that the great body of the people will readily unite in support
of those whose efforts spring from a disinterested desire to promote their
happiness, to preserve the Federal and State Governments within their
respective orbits; to cultivate peace with all the nations of the earth on
just and honorable grounds; to exact obedience to the laws; to intrench
liberty and property in full security; and, consulting the most rigid
economy, to abolish all useless expenses. JOHN TYI ER

SPECIAL MESSAGES.

CITY OP WASHINGTON, June 2, 184.1,
To the Senate and House of Representatives:

I transmit herewith a report from the Secretary of the Treasury,
exhibiting certain transfers of appropriations that have been made in
that Department in pursuance of the power vested in the President of
the United States by the act of Congress of the 3d of March, 1809, enti-
tled "An act further to amend the several acts for the establishment
and regulation of the Treasury, War, and Navy Departments."

JOHN TYLER.

T* 11. o SJL TT •* j CM WASHINGTON, June 17, 184.1.

To the Senate of the United States:

I transmit to the Senate the inclosed communication* from the Secre-
tary of State, in answer to a resolution of the Senate of the i2th instant.

JOHN TYLER.

WASHINGTON, June 17, 184.1.
To the Senate of the United States:

I transmit to the Senate the inclosed communication from the Secre-
tary of State, in answer to a resolution of the Senate of the i2th instant.

JOHN TYLER.

* Relating- to the commissioners appointed to investigate the condition of the public works in
Washington, D. C., and transmitting copy of the letter of instructions issued to them.

1905 Messages and Papers of the Presidents

DEPARTMENT OF STATE, June 15,
The PRESIDENT.

SIR: In answer to the resolution of the Senate of the I2th instant, calling for "any
orders which may have been issued to the officers of the Army and Navy in relation
to political offenses in elections," etc., I inclose a copy of the circular letter addressed,
under the direction of the President, by this Department to the heads of the other
Departments, and know of no other order to which the resolution can be supposed
to have reference.

I have the honor to be, your obedient servant,

DANIEL WEBSTER.

CIRCULAR.

DEPARTMENT OF STATE, March 20, 1841.

SIR: The President is of opinion that it is a great abuse to bring the patronage of
the General Government into conflict with the freedom of elections, and that this
abuse ought to be corrected wherever it may have been permitted to exist, and to be
prevented for the future.

He therefore directs that information be given to all officers and agents in your
department of the public service that partisan interference in popular elections,
whether of State officers or officers of this Government, and for whomsoever or
against whomsoever it may be exercised, or the payment of any contribution or
assessment on salaries, or official compensation for party or election purposes, will
be regarded by him as cause of removal.

It is not intended that any officer shall be restrained in the free and proper expres-
sion and maintenance of his opinions respecting public men or public measures, or in
the exercise to the fullest degree of the constitutional right of suffrage. But persons
employed under the Government and paid for their services out of the public Treas-
ury are not expected to take an active or officious part in attempts to influence the
minds or votes of others, such conduct being deemed inconsistent with the spirit of
the Constitution and the duties of public agents acting under it; and the President is
resolved, so far as depends upon him, that while the exercise of the elective franchise
by the people shall be free from undue influences of official station and authority,
opinion shall also be free among the officers and agents of the Government.

The President wishes it further to be announced and distinctly understood that
from all collecting and disbursing officers promptitude in rendering accounts and
entire punctuality in paying balances will be rigorously exacted. In his opinion it
is time to return in this respect to the early practice of the Government, and to hold
any degree of delinquency on the part of those intrusted with the public money just
cause of immediate removal. He deems the severe observance of this rule to be
essential to the public service, as every dollar lost to the Treasury by unfaithfulness
in office creates a necessity for a new charge upon the people.
I have the honor to be, sir, your obedient servant,

DANIEL WEBSTER.

WASHINGTON, D. C.,June 18, 184.1.
To the Senate of the United States:

I transmit to the Senate a report from the Secretary of the Navy,
with accompanying documents,* in answer to their resolution of the i2th
instant.

JOHN TYLER.

* Correspondence of the minister in England with the officers of the Mediterranean Squadron,
in consequence of which the squadron left that station, and the dispatches of Captain Boltou to the
Secretary of the Navy connected with that movement.

John Tyler 1906

To the Senate of the United States: WASHINGTON, /une, 1841.

I have the honor to transmit to the Senate the accompanying letter*
from the Secretary of the Treasury, in pursuance of its resolution of the
8th instant. JQHN

WASHINGTON, June 22,
To the Senate and House of Representatives of the United States:

I have the honor to submit the accompanying correspondence between
myself and the Hon. J. Burnet, J. C. Wright, and others, who arrived
some days ago in this city as a committee on behalf of the people of
Cincinnati for the purpose, with the assent of the family, of removing
the remains of the late President of the United States to North Bend for
interment. I have thought it to be my duty thus to apprise Congress
of the contemplated proceedings. TOHN TYT FR

WASHINGTON CITY, June 16, 1841.
The PRESIDENT OP THE UNITED STATES.

DEAR SIR: The undersigned were appointed by the citizens and the city council
of Cincinnati and by many of the surviving soldiers of the late war to apply to the
widow and family of our distinguished fellow-citizen, the late President of the United
States, for permission to remove his remains from the city of Washington to the
State of Ohio for interment. They have made the application directed, and have
received permission to perform that sacred trust. They have now the honor of
reporting to you their arrival in this city, and of asking your approbation of the
measure contemplated and your cooperation in carrying it into effect.

We are fully aware of the high estimate you placed on the talents and virtues
of our lamented friend and fellow-citizen, the late Chief Magistrate of the Union,
whose friendship and confidence you possessed many years. We saw the tear fall
from your eye and mingle with the tears of the nation when the inscrutable will of
Heaven removed him from us.

Knowing these things, we approach you with confidence, well assured that you
will justly appreciate our motive for undertaking the mournful duty we have been
deputed to perform, and that the same kind feeling which has marked your course
through life will prompt you on this occasion to afford us your countenance, and, if
necessary, your cooperation.

If it meet your approbation, the committee will do themselves the honor of wait-
ing upon you at the President's house at any hour you may please to designate.
With high respect, we are, your friends and fellow-citizens,

J. BURNET.
J. C. WRIGHT.
[AND 10 OTHERS.]

WASHINGTON, June 77, 1841.
J. BURNET, J. C. WRIGHT, AND OTHERS OF THE COMMITTEE.

GENTLEMEN: Your letter of the :6th was duly handed me, and I lose no time in
responding to the feelings and sentiments which you have expressed for yourselves
and those you represent, and which you have correctly ascribed to me in regard to

* Relating- to allowances since March 4, 1841, of claims arising: under the invasion of Kast Florida
in 1812.

1907 Messages and Papers of the Presidents

the lamented death of the late President. As a citizen I respected him; as a patriot I
honored him; as a friend he was near and dear to me. That the people of Cincin-
nati should desire to keep watch over his remains by entombing them near their
city is both natural and becoming; that the entire West, where so many evidences
of his public usefulness are to be found, should unite in the same wish was to have
been expected; and that the surviving soldiers of his many battles, led on by him
to victory and to glory, should sigh to perform the last melancholy duties to the
remains of their old commander is fully in consonance with the promptings of a
noble and generous sympathy. I could not, if I was authorized to do so, oppose
myself to their wishes. I might find something to urge on behalf of his native
State in my knowledge of his continued attachment to her through the whole period
of his useful life; in the claims of his relatives there, whose desire it would be that
the mortal remains of the illustrious son should sleep under the same turf with those
of his distinguished father, one of the signers of the Declaration of Independence;
in the wish of the citizens of his native county to claim all that is now left of him
for whom they so lately cast their almost unanimous suffrage; to say nothing of my
own feelings, allied as I am by blood to many of his near relatives, and with our
names so closely associated in much connected with the late exciting political con-
test. These considerations might present some reasonable ground for opposing your
wishes; but the assent which has been given by his respected widow and nearest
relatives to the request of the people of Cincinnati admits of no opposition on my
part, neither in my individual nor official character.

I shall feel it to be my duty, however, to submit our correspondence to the two
Houses of Congress, now in session, but anticipating no effort from that quarter to
thwart the wishes expressed by yourselves in consonance with those of the widow
and nearest relatives of the late President. I readily promise you my cooperation
toward enabling you to fulfill the sacred trust which brought you to this city.

I tender to each of you, gentlemen, my cordial salutations.

JOHN TYLER.

[NoTK. — The remains of the late President of the United States were
removed from Washington to North Bend, Ohio, June 26, 1841.]

To the Senate of the United States: WASHINGTON, June 29, 1841.

In compliance with the resolution of the Senate of the i4th instant, I
have the honor to submit the accompanying reports from the Secretary
of State and Secretary of the Treasury, which embrace all the informa-
tion possessed by the executive department upon that subject. *

JOHN TYLER.

WASHINGTON, June 30, 184.1.
To the House of Representatives of the United States:

The accompanying memorial in favor of the passage of a bankrupt
law, signed by nearly 3,000 of the inhabitants of the city of New York,
has been forwarded to me, attended by a request that I would submit it
to the consideration of Congress. I can not waive a compliance with d
request urged upon me by so large and respectable a number of my
fellow-citizens. That a bankrupt law, carefully guarded against fraudu-
lent practices and embracing as far as practicable all classes of society —
the failure to do which has heretofore constituted a prominent objection

* Payment or assumption of State stocks by the General Government.

John Tyler 1908

to the measure — would afford extensive relief I do not doubt. The dis-
tress incident to the derangements of some years past has visited large
numbers of our fellow-citizens with hopeless insolvency, whose energies,
both mental and physical, by reason of the load of debt pressing upon
them, are lost to the country. Whether Congress shall deem it proper
to enter upon the consideration of this subject at its present extraordi-
nary session it will doubtless wisely determine. I have fulfilled my duty
to the memorialists in submitting their petition to your consideration.

JOHN TYLER.

WASHINGTON, July /, 184.1.
To the Senate of the United States:

I have the honor herewith to submit to the Senate the copy of a letter
addressed by myself to Mrs. Harrison in compliance with the resolutions
of Congress, and her reply thereto. JOHN TYIVER

[The same message was sent to the House of Representatives.]

Mrs. ANNA HARRISON. WASHINGTON, June 13, 1841.

MY DEAR MADAM: The accompanying resolutions, adopted by the Senate and
House of Representatives of the United States, will convey to you an expression of
the deep sympathy felt by the representatives of the States and of the people in the
sad bereavement which yourself and the country have sustained in the death of
your illustrious husband. It may now be justly considered that the public archives
constitute his enduring monument, on which are inscribed in characters not to be
effaced the proudest evidences of public gratitude for services rendered and of sorrow
for his death. A great and united people shed their tears over the bier of a devoted
patriot and distinguished public benefactor.

In conveying to you, my dear madam, the profound respect of the two Houses of
Congress for your person and character, and their sincere condolence on the late
afflicting dispensation of Providence, permit me to mingle my feelings with theirs
and to tender you my fervent wishes for your health, happiness, and long life.

JOHN TYLER.

A RESOLUTION manifesting the sensibility of Congress upon the event of the death of William
Henry Harrison, late President of the United States.

The melancholy event of the death of William Henry Harrison, the late President
of the United States, having occurred during the recess of Congress, and the two
Houses sharing in the general grief and desiring to manifest their sensibility upon
the occasion of that public bereavement: Therefore,

Resolved by the Senate and House of Representatives of the United States of
America in Congress assembled, That the chairs of the President of the Senate and
of the Speaker of the House of Representatives be shrouded in black during the
residue of the session, and that the President pro tempore of the Senate, the Speaker
of the House of Representatives, and the members and officers of both Houses wear
the usual badge of mourning for thirty days.

Resolved, That the President of the United States be requested to transmit a copy
of these resolutions to Mrs. Harrison, and to assure her of the profound respect of
the two Houses of Congress for her person and character, and of their sincere con-
dolence <~>n the late afflicting dispensation of Providence.

1909 Messages and Papers of the Presidents

His Excellency JOHN TYI,ER, NoRTH BEND,/^ 24 -,84*.

President United Stales, Washington City, D. C.

DEAR SIR: I have received with sentiments of deep emotion the resolutions of
the Senate and House of Representatives which you have done me the honor of for-
warding, relative to the decease of my lamented husband.

I can not sufficiently express the thanks I owe to the nation and its assembled
representatives for their condolence, so feelingly expressed, of my individual calamity
and the national bereavement; but, mingling my tears with the sighs of the many
patriots of the land, pray to Heaven for the enduring happiness and prosperity of
our beloved country. ANNA HARRISQN

To the Senate of the United States: WASHINGTON, July S,

In compliance with a resolution of the Senate of the 9th instant [ul-
timo] , I communicate to that body a report from the Secretary of State,
conveying copies of the correspondence,* which contains all the infor-
mation called for by said resolution. TOHN TVT "P"R

/r- ,/ o ^ s ji TT v j cv i WASHINGTON, Tuly o. 1841.

To the Senate of thf United States: ' J J

I transmit a report from the Secretary of State, in answer, to the reso-
lution of the Senate of the 2d instant, calling for information as to the
progress and actual condition of the commissionf under the convention
with the Mexican Republic. TOHN TYLER

WASHINGTON, July 14., 184.1.
To the Speaker and Members of the House of Representatives:

Iti compliance with a resolution of the House of Representatives of the
2ist ultimo, I have the honor to submit the accompanying communica-
tion J from the Secretary of State. TOHN TYLER

T> jr TT r r> j. WASHINGTON, July 16. 184.1.

To the House of Representatives: ' J •*

I herewith transmit to the House of Representatives, in reply to their
resolution of the 2ist ultimo, a report § from the Secretary of State, with
accompanying papers. JOHN TYLER.

* Relating to the duties levied on American tobacco imported into the States composing the Ger-
man Commercial and Custom-House Union.

t Appointed under the convention of April n, 1839, for adjusting the claims of citizens of the
United States upon the Republic of Mexico.

\ Transmitting correspondence v/ith Great Britain relative to the seizure of American vessels by
British armed cruisers under the pretense that they were engaged in the slave trade; also corre-
spondence with X. P. Trist, United States consul at Ilabana, upon the subject of the slave trade, etc.

\ Stating that there is no correspondence in his office showing that any American citizens are
British prisoners of state in Van Diemens Land; transmitting correspondence with the British
minister on the subject of the detention or imprisonment of citizens of the United States on
account of occurrences in Canada, instmctions issued to the special agent appointed to inquire
into such detention or imprisonment, and report of said special agent.

John Tyler 1910

WASHINGTON, July ip, 184.1.
To the Senate and House of Representatives of the United States:

The act of Congress of the loth of March, 1838, entitled "An act sup-
plementary to an act entitled 'An act in addition to the act for the pun-
ishment of certain crimes against the United States and to repeal the acts
therein mentioned,' approved 2oth of April, 1818," expired by its own
limitation on the loth of March, 1840. The object of this act was to
make further provision for preventing military expeditions or enterprises
against the territory or dominions of any prince or state or of any colony,
district, or people conterminous with the United States and with whom
they are at peace, contrary to the act of April 20, 1818, entitled "An act
in addition to the act for the punishment of certain crimes against the
United States and to repeal the acts therein mentioned. ' '

The act of Congress of March 10, 1838, appears to have had a very
salutary effect, and it is respectfully recommended to Congress that it be
now revived or its provisions be reenacted. JOHN TYI ER

WASHINGTON, July 27, 184.1.
To the Senate and House of Representatives of the United States:

I transmit herewith to Congress a communication from the Secretary
of State, on the subject of appropriations required for outfits and salaries of
diplomatic agents of the United States. JOHN TYLER

WASHINGTON, August 2, 184.1.
To the House of Representatives of the United States:

On the 1 8th of February, 1832, the House of Representatives adopted
a resolution in the following words:

Resolved, That the President of the United States be authorized to employ Horatio
Greenough, of Massachusetts, to execute in marble a full-length pedestrian statue of
Washington, to be placed in the center of the Rotunda of the Capitol; the head to
be a copy of Houdon's Washington, and the accessories to be left to the judgment
of the artist.

On the 23d of the same month the Secretary of State, by direction of
the President, addressed to Mr. Greenough a letter of instructions for
carrying into effect the resolution of the House.

On the 1 4th of July, 1832, an appropriation of the sum of $5,000 was
made ' ' to enable the President of the United States to contract with a
skillful artist to execute in marble a pedestrian statue of George Wash-
ington, to be placed in the center of the Rotunda of the Capitol," and
several appropriations were made at the succeeding sessions in further-
ance of the same object.

Mr. Greenough, having been employed upon the work for several years
at Florence, completed it some mouths ago.

IQII Messages and Papers of the Presidents

By a resolution of Congress of the 2yth of May, 1840, it was directed
' ' that the Secretary of the Navy be authorized and instructed to take
measures for the importation and erection of the statue of Washington
by Greenough." In pursuance of this authority the Navy Department
held a correspondence with Commodore Hull, commanding on the Medi-
terranean station, who entered into an agreement with the owners or
master of the ship Sea for the transportation of the statue to the United
States. This ship, with the statue on board, arrived in this city on the
3ist ultimo, and now lies at the navy-yard.

As appropriations have become necessary for the payment of the freight
and other expenses, I communicate to Congress such papers as may
enable it to judge of the amount required. TOHN TVT "PR

Hon. JOHN WHIT*, AuGUST 3-

Speaker of the House of Representatives.

SIR: I herewith transmit a communication* received from the Post-
master-General, to which I would invite the attention of Congress.

JOHN TYLER.

To the House of Representatives: AUGUST 3, 1841.

I herewith transmit a report from the Secretary of the Treasury, to
whom I referred the resolution of the House calling for a communica-
tion f addressed to him by the French minister.

JOHN TYLER.

T* JL rr ^ r> j. j j- WASHINGTON. August 6. 1841.

To the House of Representatives:

In compliance with a resolution of the House of Representatives of the
1 6th of July, 1841, I communicate reports J from the several Executive
Departments, containing the information requested by said resolution.

JOHN TYLER.

WASHINGTON, August 25, 184.1.
To the Senate of the United States:

I herewith transmit to the Senate, in pursuance of their resolution
of the 22cl ultimo, copies of the several reports of the commissioners
appointed in March last to examine into certain matters connected with
the public buildings in this city and the conduct of those employed in
their erection. JQHN TYLER

* Asking for a further appropriation for completing the new General Post-Office building.

t Relating to the commerce and navigation between France and the United States.

\ Transmitting list of officers deriving their appointments from the nomination of the President
and the concurrence of the Senate who were removed from office since March 4, 1841, and also those
who were removed from March 4, 1829, to March 4, 1841.

John Tyler 1912

WASHINGTON, August 27 > 184.1.
To the House of Representatives of the United States:

I transmit herewith a letter from the Secretary of the Treasury, bear-
ing date this day, with the accompanying papers, in answer to the reso-
lution of the House of Representatives of the i6th ultimo, relative to
removals from office, etc.

These statements should have accompanied those from the other
Departments on the same subject transmitted in my message to the
House on the 7 th ultimo,* but which have been delayed for reasons
stated in the letter of the Secretary of the Treasury above referred to.

JOHN TYLER.

WASHINGTON, D. C., September i, 184.1.
To the Senate of the United States:

I submit to the Senate, for its consideration and constitutional action,
a treaty concluded at Oeyoowasha, on Minneesota (or St. Peters) River,
in the Territory of Iowa, on the 3ist day of July last, between James
Duane Doty, commissioner on the part of the United States, and the
Seeseeahto, Wofpato, and Wofpakoota bands of the Dakota (or Sioux)
Nation of Indians.

The accompanying communication from the Secretary of War fully
sets forth the considerations which have called for the negotiation of
this treaty, and which have induced me to recommend its confirmation,
with such exceptions and modifications as the Senate may advise.

JOHN TYLER.

DEPARTMENT OF WAR, August jf, 1841.
The PRESIDENT OF THE UNITED STATES.

SIR: I transmit herewith a treaty concluded with certain bands of the Dahcota Na-
tion of Indians, commonly called Sioux, which has been received at this Department
from His Excellency James D. Doty, governor of Wisconsin, who was appointed
a commissioner on the part of the United States for the purpose of negotiating
the treaty; and I desire to submit the following facts and opinions inducing me to
request its favorable consideration:

It was known on my entering upon the duties of the Department of War that some
provision must speedily be made for the Winnebago Indians in the Northwest. By
the treaty with those Indians in 1837 it was provided that they should move tempo-
rarily upon a narrow strip of country west of the Mississippi River, called the neu-
tral ground, from the object of its purchase in 1830. That strip of country is only
40 miles in width, 20 miles of it having been purchased from the Sac and Fox
Indians and 20 miles from the Sioux, the object of the purchase having been to
place a barrier between those tribes, which had been for many years at war and par-
ties of which were continually meeting and destroying each other upon or adjacent
to the country purchased.

When the delegation of Winnebago chiefs was in Washington negotiating a sale
of all their lands east of the Mississippi River, in 1837, a permanent location for those
Indians was not fixed upon, and a temporary expedient was adopted, and acceded to
*Not found. Evidently refers to message of August 6, 1841, on preceding pasre.

1913 Messages and Papers of the Presidents

by the Indians, by which they agreed, within eight months from the ratification of
the treaty, to move upon and occupy a portion of the neutral ground until they
should select a permanent home.

Owing to the small extent of country thus temporarily assigned to the Winneba-
goes, utterly destitute of all preparation for the reception of them, slenderly sup-
plied with game, and, above all, the circumstance that the Sac and Fox Indians
were continually at war with the Sioux, the object of the purchase having utterly
failed, the neutral ground, so called, proving literally the fighting ground of the
hostile tribes — owing to all these circumstances the Winnebagoes were extremely
reluctant to comply with the treaty. It was in part a dictate of humanity to give
them more time for removal than that allotted in the treaty, in the hope of effecting
their permanent removal beyond the Missouri or elsewhere; but as no steps were
taken to select their future home, and as the white settlers in Wisconsin were fast
crowding upon the Indians, overrunning the country, as usual, in search of town
sites, water privileges, and farming districts, it became absolutely necessary to make
some efforts toward carrying the treaty into effect. Owing to the excited state of
the Indians and the apprehension of disturbance, the Eighth Regiment of Infantry,
in 1840, more than two years, instead of eight months, after the ratification of the
treaty, was ordered upon the Winnebago frontier, the greater part of the Fifth Regi-
ment being already there, and in the presence of that force the Indians were required
to comply with the treaty. They reluctantly removed from the banks of the Wis-
consin River and crossed the Mississippi, but did not go to that portion of the
neutral ground agreed upon, which commenced 20 miles from the river, but instead
of it they spread themselves along the bank of the Mississippi, some of them recross-
ing that river and ascending the Chippewa and Black rivers. Only a small portion
of the tribe has yet removed to the portion of the neutral ground assigned to them,
and it is perhaps fortunate that local attachments have not been formed, since, from
the position of the country, it was not and never could have been intended as their
permanent home.

After a careful examination of the country in the Northwest the importance of
providing for the Winnebago Indians, though immediate, became secondary in a
more national and wider prospect of benefits in future years by arrangements
which presented themselves to my mind as not only practicable, but of easy accom-
plishment.

A glance at the map and at the efforts hitherto made in emigration will show an
extensive body of Indians accumulated upon the Southwestern frontier, and, looking
to the numbers yet to be emigrated from within the circle of territory soon to become
States of the American Union, it will appear upon very many considerations to be
of the utmost importance to separate the Indians and to interpose a barrier between
the masses which are destined to be placed upon the western frontier, instead of
accumulating them within limits enabling them to unite and in concert spread
desolation over the States of Missouri and Arkansas to, perhaps, the banks of the
Mississippi.

Entertaining these views, it was determined to open negotiations with the Sioux
Indians north and northwest of the purchase of 1830, the neutral ground, so called,
with the purpose of purchasing sufficient territory beyond the reasonable limits of
Iowa to provide a resting place for the Winnebagoes, intending to treat also with
the Sac and Fox Indians and with the Potawatamies north of the State of Missouri,
and thus enable our citizens to expand west of the Missouri River north of the State.

It is difficult to state in a condensed report all the reasons now imperatively urg-
ing the adoption of these measures. Besides the absolute necessity of providing a
home for the Winnebagoes, the citizens of Iowa and of Missouri are crowding upon
the territory of the Sac and Fox Indians and already producing those irritations
which in former times have led to bloody wars. It is not to be for a moment

John Tyler 1914

concealed that our enterprising and hardy population must and will occupy the terri-
tory adjacent to that purchased in 1837 from the Sacs and Foxes, and the only possible
mode of its being done in peace is by another purchase from those Indians. But
the position of the Potawatamies will then become relatively what that of the Sac
and Fox Indians now is, with the difference that access to their country by the Mis-
souri River will hasten its occupancy by our people. The only mode of guarding
against future collision, near at hand if not provided against, is by emigrating not
only the Sac and Fox Indians, but also the Potawatamies.

Great efforts have been made to induce those Indians, as also the Winnebagoes,
to move south of tne Missouri, but without effect, their opposition to it being appar-
ently insurmountable, the Potawatamies expressing the most decided aversion to it
on being urged to join other bands of Potawatamies on the Marais de Cygne, declar-
ing that they would rather at once go to California, being determined not to unite
with those bands, but to maintain an independence of them. By the purchase from
the Sioux no doubt is entertained that their prejudices may be advantageously accom-
modated, for among the objects in contemplation before adverted to it is to my
mind of primary importance so to dispose of those Indians as to enable this Govern-
ment to interpose a State between the Northern and Southern Indians along the
Missouri River, and thus, by dividing the Indians on the frontier and separating
the divisions, prevent a combination and concert of action which future progress in
civilization might otherwise enable them to effect in the prosecution of revenge for
real or imagined grievances.

Great importance is attached to this view of the subject, but scarcely less to the
means provided by the treaty for inducing the remnants of other Northern tribes to
remove to a climate congenial to their habits and disposition.

From the earliest efforts at emigration certain Northern Indians have strenuously
objected to a removal south of the Missouri on account of the climate; and where
tribes have been induced to dispose of all right to live east of the Mississippi within
the United States, many individuals, dreading their southern destination, have wan-
dered to the north and are now living in Canada, annually in the receipt of presents
from the British Government, and will be ready without doubt to side with that
power in any future conflict with this Government. In this manner considerable
numbers of the Delawares and Shawnees and other Indians have disappeared from
our settlements — a fact of great importance, and which I apprehend has not been
heretofore sufficiently considered. There are many Potawatamies and Ottawas, as
also Winnebagoes and Menomonees, who may be easily induced to move into Can-
ada by seductive bribes, in the use of which the British Government has always
displayed a remarkable foresight.

Of the Chippewas and Ottawas now in the northern part of Michigan it is believed
there are over 5,000 under treaty obligations to remove to the Southwest, the greater
portion of whom openly declared their determination to cross the line into Canada
and put themselves under the protection of the British Government in preference
to a removal to that country. These Indians may be accommodated by the arrange-
ments in contemplation, not only to their own satisfaction, but under circumstances
promising the greatest permanent advantages to the United States, and separating
them from all inducements and even the possibility of entering the British service.
I am not without hope, also, that through this treaty some suitable and acceptable
arrangement may be made with the New York Indians by which they may be
removed with safety to themselves and benefit to the people of that State. The very
peculiar situation of these Indians is well known; that while they are under treaty
obligation to remove, the treaty being by the Constitution the supreme law of the
land and perfecting in this instance the title of the land they occupy in a private
land company, there is yet every reason to sympathize with them and the highest
moral inducements for extending every possible relief to them within the legitimate

1915 Messages and Papers of the Presidents

powers of the Government. I have been assured from sources entitled to my fullest
confidence that although these Indians have hitherto expressed the most decided
aversion to a removal south of the Missouri, there will probably be no difficulty in
persuading them to occupy a more northern region in the West. I have every rea-
son for believing that a benevolent interest in their behalf among a portion of our
own people, which, it is supposed, has heretofore presented an obstacle to their emi-
gration, will be exerted to effect their removal if a portion of the Sioux country can
be appropriated to them.

It will be perceived, therefore, that a multitude of objects thus rest upon the
success of this one treaty, now submitted for examination and approbation.

Of the Sioux Indians I will but remark that they occupy an immense country
spreading from the Mississippi north of the neutral ground west and northwest,
crossing the Missouri River more than 1,200 miles above the city of St. Louis. They
are divided into bands, which have various names, the generic name for the whole
being the Dahcota Nation. These bands, though speaking a common language, are
independent in their occupancy of portions of country, and separate treaties may
be made with them. Treaties are already subsisting with some of the bands both
on the Mississippi and Missouri. The treaty now submitted is believed to be advan-
tageous, and from its provisions contemplates the reduction of those wandering
Indians from their nomadic habits to those of an agricultural people.

If some of the provisions seem not such as might be desired, it will be recollected
that many interests have to be accommodated in framing an Indian treaty which
can only be fully known to the commissioner, who derives his information directly
from the Indians in the country which is the object of the purchase.

It is proper to add that I had instructed the commissioner expressly not to take
into consideration what are called traders' claims, in the hope of correcting a prac-
tice which, it is believed, has been attended with mischievous consequences ; but the
commissioner has by a letter of explanations fully satisfied me that in this instance
it was absolutely necessary to accommodate those claims as an indispensable means
of obtaining the assent of the Indians to the treaty. This results, doubtless, from
their dependence upon the traders for articles, in a measure necessaries, which are
for the most part furnished without competition, and of the proper value of which
the Indians are ignorant.

To compensate in some degree for the article in this treaty providing for the pay-
ment of traders' claims, very judicious guards are introduced into the treaty, calcu-
lated effectually to exclude that source of interest adverse to the Government in all
future time within the purchase under this treaty.

There are other articles in the treaty which I have not been able fully to realize
as judicious or necessary, but for reasons already stated they deserve respectful
consideration.

Notwithstanding the article stipulating that a rejection of any of the provisions of
the treaty should render the whole null and void, I would respectfully recommend
such modified acceptance of the treaty as in the wisdom of the Senate may seem
just and proper, conditioned upon the assent of the Indians subaeouently .o be
obtained, the Senate making provision for its reference back to the Indians if
necessary.

It will be seen that the treaty provides for a power of regulation in the Indian
Territory by the United States Government under circumstances not hitherto
attempted, presenting an opportunity for an experiment well worthy of mature
consideration.

I ought not to dismiss this subject without adverting to one other important
consideration connected with the integrity of our Northwest Indians and Territory.
The Sioux treaty will effectually withdraw from British influence all those who are
a party to it by making them stipendiaries of the United States and by operating

John Tyler igi6

a change in their wandering habits and establishing them at known and fixed
points under the observation of Government agents, and as the British can only have
access to that region by the way of Fond du Lac, one or two small military posts in
a direction west and south from that point, it is believed, will completely control all
intercourse with the Indians in that section of country.

Very respectfully, your obedient servant, ,„.-. ,,„, ,

WASHINGTON, September 8, 184.1.
To the Senate of the United States :

I have the honor, in compliance with the resolution of the Senate of
the 8th June, to communicate a letter * from the Secretary of the Treasury
and the correspondence accompanying it. TOHN TYLER

WASHINGTON, September 13, 184.1.
To the Senate of the United States:

In compliance with a resolution of the Senate of the i4th July last, I
communicate to the Senate a report from the Secretary of State, accom-
panied by copies of the correspondence f called for by said resolution.

JOHN TYLER.

VETO MESSAGES.

WASHINGTON, August /6, 184.1.
To the Senate of the United States:

The bill entitled ' ' An act to incorporate the subscribers to the Fiscal
Bank of the United States," which originated in the Senate, has been
considered by me with a sincere desire to conform my action in regard to
it to that of the two Houses of Congress. By the Constitution it is made
my duty either to approve the bill by signing it or to return it with my
objections to the House in which it originated. I can not conscientiously
give it my approval, and I proceed to discharge the duty required of me
by the Constitution — to give my reasons for disapproving.

The power of Congress to create a national bank to operate per se over
the Union has been a question of dispute from the origin of the Govern-
ment. Men most justly and deservedly esteemed for their high intellec-
tual endowments, their virtue, and their patriotism have in regard to it
entertained different and conflicting opinions ; Congresses have differed ;
the approval of one President has been followed by the disapproval
of another ; the people at different times have acquiesced in decisions
both for and against. The country has been and still is deeply agitated

* Relating: to the deposits of public moneys in hanks by disbursing offices and ajrents.
t Relating: to the orijtiu, progress, and conclusion of the treaty of November 26, 1838, between
Sardinia and the United States.

1917 Messages and Papers of the Presidents

by this unsettled question. It will suffice for me to say that my own
opinion has been uniformly proclaimed to be against the exercise of any
such power by this Government. On all suitable occasions during a
period of twenty-five years the opinion thus entertained has been unre-
servedly expressed. I declared it in the legislature of my native State;
in the House of Representatives of the United States it has been openly
vindicated by me; in the Senate Chamber, in the presence and hearing
of many who are at this time members of that body, it has been affirmed
and reaffirmed in speeches and reports there made and by votes there
recorded; in popular assemblies I have unhesitatingly announced it, and
the last public declaration which I made — and that but a short time be-
fore the late Presidential election — I referred to my previously expressed
opinions as being those then entertained by me. With a full knowledge
of the opinions thus entertained and never concealed, I was elected by
the people Vice-President of the United States. By the occurrence of
a contingency provided for in the Constitution and arising under an
impressive dispensation of Providence I succeeded to the Presidential
office. Before entering upon the duties of that office I took an oath
that I would "preserve, protect, and defend the Constitution of the
United States. ' ' Entertaining the opinions alluded to and having taken
this oath, the Senate and the country will see that I could not give my
sanction to a measure of the character described without surrendering
all claim to the respect of honorable men, all confidence on the part oi
the people, all self-respect, all regard for moral and religious obligations,
without an observance of which no government can be prosperous and
no people can be happy. It would be to commit a crime which I would
not willfully commit to gain any earthly reward, and which would justly
subject me to the ridicule and scorn of all virtuous men.

I deem it entirely unnecessary at this time to enter upon the reasons
which have brought my mind to the convictions I feel and entertain
on this subject. They have been over and over again repeated. If
some of those who have preceded me in this high office have entertained
and avowed different opinions, I yield all confidence that their convic-
tions were sincere. I claim only to have the same measure meted out
to myself. Without going further into the argument, I will say that in
looking to the powers of this Government to collect, safely keep, and dis-
burse the public revenue, and incidentally to regulate the commerce and
exchanges, I have not been able to satisfy myself that the establishment
by this Government of a bank of discount in the ordinary acceptation
of that term was a necessary means or one demanded by propriety to
execute those powers. What can the local discounts of the bank have
to do with the collecting, safe-keeping, and disbursing of the revenue?
So far as the mere discounting of paper is concerned, it is quite imma-
terial to this question whether the discount is obtained at a State bank
or a United States bank. The)- are both equally local, both beginning

John Tyler 1918

and both ending in a local accommodation. What influence have local
discounts granted by any form of bank in the regulating of the currency
and the exchanges? Let the history of the late United States Bank
aid us in answering this inquiry.

For several years after the establishment of that institution it dealt
almost exclusively in local discounts, and during that period the country
was for the most part disappointed in the consequences anticipated
from its incorporation. A uniform currency was not provided, exchanges
were not regulated, and little or nothing was added to the general cir-
culation, and in 1820 its embarrassments had become so great that the
directors petitioned Congress to repeal that article of the charter which
made its notes receivable everywhere in payment of the public dues. It
had up to that period dealt to but a very small extent in exchanges,
either foreign or domestic, and as late as i823.its operations in that line
amounted to a little more than $7,000,000 per annum. A very rapid aug-
mentation soon after occurred, and in 1833 its dealings in the exchanges
amounted to upward of $100,000,000, including the sales of its own
drafts; and all these immense transactions were effected without the
employment of extraordinary means. The currency of the country
became sound, and the negotiations in the exchanges were carried on at
the lowest possible rates. The circulation was increased to more than
$22,000,000 and the notes of the bank were regarded as equal to specie
all over the country, thus showing almost conclusively that it was the
capacity to deal in exchanges, and not in local discounts, which fur-
nished these facilities and advantages. It may be remarked, too, that
notwithstanding the immense transactions of the bank in the purchase
of exchange, the losses sustained were merely nominal, while in the line
of discounts the suspended debt was enormous and proved most disas-
trous to the bank and the country. Its power of local discount has in
fact proved to be a fruitful source of favoritism and corruption, alike
destructive to the public morals and to the general weal.

The capital invested in banks of discount in the United States, created
by the States, at this time exceeds $350,000,000, and if the discounting
of local paper could have produced any beneficial effects the United
States ought to possess the soundest currency in the world; but the
reverse is lamentably the fact.

Is the measure now under consideration of the objectionable character
to which I have alluded? It is clearly so unless by the sixteenth funda-
mental article of the eleventh section it is made otherwise. That article
is in the following words:

The directors of the said corporation shall establish one competent office of dis-
count and deposit in any State in which two thousand shares shall have been sub-
scribed or may be held, whenever, upon application of the legislature of such State,
Congress may by law require the same. And the said directors may also establish
one or more competent offices of discount and deposit in any Territory or Dis-
trict of the United States, and in any State with the assent of such State, and when

1919 Messages and Papers of the Presidents

established the said office or offices shall be only withdrawn or removed by the said
directors prior to the expiration of this charter with the previous assent of Con-
gress: Provided, In respect to any State which shall not, at the first session of the
legislature thereof held after the passage of this act, by resolution or other usual legis-
lative proceeding, unconditionally assent or dissent to the establishment of such office
or offices within it, such assent of the said State shall be thereafter presumed: And
provided, nevertheless, That whenever it shall become necessary and proper for car-
rying into execution any of the powers granted by the Constitution to establish an
office or offices in any of the States whatever, and the establishment thereof shall be
directed by law, it shall be the duty of the said directors to establish such office or
offices accordingly.

It will be seen that by this clause the directors are invested with the
fullest power to establish a branch in any State which has yielded its
assent; and having once established such branch, it shall not afterwardr
be withdrawn except by order of Congress. Such assent is to be implied
and to have the force and sanction of an actually expressed assent, "pro-
vided, in respect to any State which shall not, at the first session of the
legislature thereof held after the passage of this act, by resolution or other
usual legislative proceeding, unconditionally assent or dissent to the estab-
lishment of such office or offices within it, such assent of said State shall
be thereafter presumed. ' ' The assent or dissent is to be expressed uncon-
ditionally at the first session of the legislature, by some formal legislative
act; and if not so expressed its assent is to be implied, and the directors
are thereupon invested with power, at such time thereafter as they may
please, to establish branches, which can not afterwards be withdrawn
except by resolve of Congress. No matter what may be the cause which
may operate with the legislature, which either prevents it from speak-
ing or addresses itself to its wisdom, to induce delay, its assent is to
be implied. This iron rule is to give way to no circumstances; it is
unbending and inflexible. It is the language of the master to the vas-
sal; an unconditional answer is claimed forthwith, and delay, postpone-
ment, or incapacity to answer produces an implied assent which is ever
after irrevocable. Many of the State elections have already taken place
without any knowledge on the part of the people that such a question
was to come up. The representatives may desire a submission of the
question to their constituents preparatory to final action upon it, but this
high privilege is denied; whatever may be the motives and views enter-
tained b}^ the representatives of the people to induce delay, their assent is
to be presumed, and is ever afterwards binding unless their dissent shall
be unconditionally expressed at their first session after the passage of
this bill into a law. They may by formal resolution declare the question
of assent or dissent to be undecided and postponed, and yet, in opposition
to their express declaration to the contrary, their assent is to be implied.
Cases innumerable might be cited to manifest the irrationality of such an
inference. Let one or two in addition suffice. The popular branch of
the legislature may express its dissent by an unanimous vote, and its
resolution may be defeated by a tie vote of the senate, and yet the assent

John Tyler 1920

is to be implied. Both branches of the legislature may concur in a reso-
lution of decided dissent, and yet the governor may exert the veto power
conferred on him by the State constitution, and their legislative action
be defeated, and yet the assent of the legislative authority is implied, and
the directors of this contemplated institution are authorized to establish
a branch or branches in such State whenever they may find it conducive
to the interest of the stockholders to do so; and having once established
it they can under no circumstances withdraw it except by act of Con-
gress. The State may afterwards protest against such unjust inference,
but its authority is gone. Its assent is implied by its failure or inability
to act at its first session, and its voice can never afterwards be heard.
To inferences so violent and, as they seem to me, irrational I can not
yield my consent. No court of justice would or could sanction them
without reversing all that is established in judicial proceeding by intro-
ducing presumptions at variance with fact and inferences at the expense
of reason. A State in a condition of duress would be presumed to speak
as an individual manacled and in prison might be presumed to be in
the enjoyment of freedom. Far better to say to the States boldly and
frankly, Congress wills and submission is demanded.

It may be said that the directors may not establish branches under
such circumstances; but this is a question of power, and this bill invests
them with full authority to do so. If the legislature of New York or
Pennsylvania or any other State should be found to be in such condition
as I have supposed, could there be any security furnished against such a
step on the part of the directors? Nay, is it not fairly to be presumed
that this proviso was introduced for the sole purpose of meeting the con-
tingency referred to? Why else should it have been introduced? And
I submit to the Senate whether it can be believed that any State would
be likely to sit quietly down under such a state of things. In a great
measure of public interest their patriotism may be successfully appealed
to, butto infer their assentfrom circumstances at warwith such inference
I can not but regard as calculated to excite a feeling at fatal enmity with
the peace and harmony of the country. I must therefore regard this
clause as asserting the power to be in Congress to establish offices of
discount in a State not only without its assent, but against its dissent, and
so regarding it I can not sanction it. On general principles the right in
Congress to prescribe terms to any State implies a superiority of power
and control, deprives the transaction of all pretense to compact between
them, and terminates, as we have seen, in the total abrogation of freedom
of action on the part of the States. But, further, the State may express,
after the most solemn form of legislation, its dissent, which may from
time to time thereafter be repeated in full view of its own interest, which
can never be separated from the wise and beneficent operation of this
Government, and yet Congress may by virtue of the last proviso overrule
its law, and upon grounds which to such State will appear to rest on a

1921 Messages and Papers of the Presidents

constructive necessity and propriety and nothing more. I regard the bill
as asserting for Congress the right to incorporate a United States bank
with power and right to establish offices of discount and deposit in the
several States of this Union with or without their consent — a principle to
which I have always heretofore been opposed and which can never obtain
my sanction; and waiving all other considerations growing out of its
other provisions, I return it to the House in which it originated with
these my objections to its approval. JOHN TYLER

WASHINGTON, September p, 184.1.
To the House of Representatives of the United States:

It is with extreme regret that I feel myself constrained by the duty
faithfully to execute the office of President of the United States and to
the best of my ability to "preserve, protect, and defend the Constitution
of the United States' ' to return to the House in which it originated the
bill "to provide for the better collection, safe-keeping, and disbursement
of the public revenue by means of a corporation to be styled the Fiscal
Corporation of the United States," with my written objections.

In my message sent to the Senate on the i6th day of August last,
returning the bill ' ' to incorporate the subscribers to the Fiscal Bank of
the United States, ' ' I distinctly declared that my own opinion had been
uniformly proclaimed to be against the exercise ' 'of the power of Con-
gress to create a national bank to operate per se over the Union," and,
entertaining that opinion, my main objection to that bill was based upon
the highest moral and religious obligations of conscience and the Consti-
tution. I readily admit that whilst the qualified veto with which the
Chief Magistrate is invested should be regarded and was intended by
the wise men who made it a part of the Constitution as a great conserva-
tive principle of our system, without the exercise of which on important
occasions a mere representative majority might urge the Government in
its legislation beyond the limits fixed by its framers or might exert its
just powrers too hastily or oppressively, yet it is a power which ought to
be most cautiously exerted, and perhaps never except in a case eminently
involving the public interest or one in which the oath of the President,
acting under his convictions, both mental and moral, imperiously requires
its exercise. In such a case he has no alternative. He must either exert
the negative power intrusted to him by the Constitution chiefly for its
own preservation, protection, and defense or commit an act of gross
moral turpitude. Mere regard to the will of a majority must not in a
constitutional republic like ours control this sacred and solemn duty
of a sworn officer. The Constitution itself I regard and cherish as the
embodied and written will of the whole people of the United States. It
is their fixed and fundamental law, which they unanimously prescribe to
the public functionaries, their mere trustees and servants. This their

John Tyler 1922

will and the law which they have given us as the rule of our action have
no guard, no guaranty of preservation, protection, and defense, but the
oaths which it prescribes to the public officers, the sanctity with which
they shall religiously observe those oaths, and the patriotism with
which the people shall shield it by their own sovereign will, which has
made the Constitution supreme. It must be exerted against the will of
a mere representative majority or not at all. It is alone in pursuance
of that will that any measure can reach the President, and to say that
because a majority in Congress have passed a bill he should therefore
sanction it is to abrogate the power altogether and to render its insertion
in the Constitution a work of absolute supererogation. The duty is to
guard the fundamental will of the people themselves from (in this case,
I admit, unintentional) change or infraction by a majority in Congress;
and in that light alone do I regard the constitutional duty which I now
most reluctantly discharge. Is this bill now presented for my approval
or disapproval such a bill as I have already declared could not receive
my sanction? Is it such a bill as calls for the exercise of the negative
power under the Constitution ? Does it violate the Constitution by cre-
ating a national bank to operate per se over the Union? Its title, in the
first place, describes its general character. It is "an act to provide for
the better collection, safe-keeping, and disbursement of the public reve-
nue by means of a corporation to be styled the Fiscal Corporation of the
United States. ' ' In style, then, it is plainly national in its character. Its
powers, functions, and duties are those which pertain to the collecting,
keeping, and disbursing the public revenue. The means by which these
are to be exerted is a corporation to be styled the Fiscal Corporation of
the United States. It is a corporation created by the Congress of the
United States, in its character of a national legislature for the whole
Union, to perform the fiscal purposes, meet the fiscal wants and exigen-
cies, supply the fiscal uses, and exert the fiscal agencies of the Treasury
of the United States. Such is its own description of itself. Do its pro-
visions contradict its title? They do not. It is true that by its first
section it provides that it shall be established in the District of Colum-
bia; but the amount of its capital, the manner in which its stock is to be
subscribed for and held, the persons and bodies, corporate and politic,
by whom its stock may be held, the appointment of its directors and
their powers and duties, its fundamental articles, especially that to estab-
lish agencies in any part of the Union, the corporate powers and busi-
ness of such agencies, the prohibition of Congress to establish any other
corporation with similar powers for twenty years, with express reserva-
tion in the same clause to modify or create any bank for the District of
Columbia, so that the aggregate capital shall not exceed five millions,
without enumerating other features which are equally distinctive and
characteristic, clearly show that it can not be regarded as other than a
bank of the United States, with powers seemingly more limited than

1923 Messages and Papers of the Presidents

have heretofore been granted to such an institution. It operates per se
over the Union by virtue of the unaided and, in my view, assumed author-
ity of Congress as a national legislature, as distinguishable from a bank
created by Congress for the District of Columbia as the local legislature
of the District. Every United States bank heretofore created has had
power to deal in bills of exchange as well as local discounts. Both
were trading privileges conferred, and both were exercised by virtue of
the aforesaid power of Congress over the whole Union. The question
of power remains unchanged without reference to the extent of privilege
granted. If this proposed corporation is to be regarded as a local bank
of the District of Columbia, invested by Congress with general powers
to operate over the Union, it is obnoxious to still stronger objections. It
assumes that Congress may invest a local institution with general or
national powers. With the same propriety that it may do this in regard
to a bank of the District of Columbia it may as to a State bank. Yet
who can indulge the idea that this Government can rightfully, by mak-
ing a State bank its fiscal agent, invest it with the absolute and unquali-
fied powers conferred by this bill? When I come to look at the details
of the bill, they do not recommend it strongly to my adoption. A brief
notice of some of its provisions will suffice.

First. It may justify substantially a system of discounts of the most
objectionable character. It is to deal in bills of exchange drawn in
one State and payable in another without any restraint. The bill of
exchange may have an unlimited time to run, and its renewability is
nowhere guarded against. It may, in fact, assume the most objection-
able form of accommodation paper. It is not required to rest on any
actual, real, or substantial exchange basis. A drawer in one place becomes
the accepter in another, and so in turn the accepter may become the
drawer upon a mutual understanding. It may at the same time indulge
in mere local discounts under the name of bills of exchange. A bill
drawn at Philadelphia on Camden, N. J. , at New York on a border town
in New Jersey, at Cincinnati on Newport, in Kentucky, not to multiply
other examples, might, for anything in this bill to restrain it, become
a mere matter of local accommodation. Cities thus relatively situated
would possess advantages over cities otherwise situated of so decided a
character as most justly to excite dissatisfaction.

Second. There is no limit prescribed to the premium in the purchase
of bills of exchange, thereby correcting none of the evils under which
the community now labors, and operating most injuriously upon the
agricultural States, in which the irregularities in the rates of exchange
are most severely felt. Nor are these the only consequences. A resump-
tion of specie payments by the banks of those States would be liable to
indefinite postponement; for as the operation of the agencies of the
interior would chiefly consist in selling bills of exchange, and the pur-
chases could only be made in specie or the notes of banks paying specie,

John Tyler 1924

the State banks would either have to continue with their doors closed or
exist at the mercy of this national monopoly of brokerage. Nor can it
be passed over without remark that whilst the District of Columbia is
made the seat of the principal bank, its citizens are excluded from all
participation in any benefit it might afford by a positive prohibition on
the bank from all discounting within the District.

These are some of the objections which prominently exist against the
details of the bill. Others might be urged of much force, but it would
be unprofitable to dwell upon them. Suffice it to add that this charter
is designed to continue for twenty years without a competitor; that the
defects to which I have alluded, being founded on the fundamental law
of the corporation, are irrevocable, and that if the objections be well
founded it would be overhazardous to pass the bill into a law.

In conclusion I take leave most respectfully to say that I have felt
the most anxious solicitude to meet the wishes of Congress in the adop-
tion of a fiscal agent which, avoiding all constitutional objections, should
harmonize conflicting opinions. Actuated by this feeling, I have been
ready to yield much in a spirit of conciliation to the opinions of others;
and it is with great pain that I now feel compelled to differ from Con-
gress a second time in the same session. At the commencement of
this session, inclined from choice to defer to the legislative will, I sub-
mitted to Congress the propriety of adopting a fiscal agent which, with-
out violating the Constitution, would separate the public money from
the Executive control and perform the operations of the Treasury with-
out being burdensome to the people or inconvenient or expensive to
the Government. It is deeply to be regretted that this department of the
Government can not upon constitutional and other grounds concur with
the legislative department in this last measure proposed to attain these
desirable objects. Owing to the brief space between the period of the
death of my lamented predecessor and my own installation into office, I
was, in fact, not left time to prepare and submit a definitive recommen-
dation of my own in my regular message, and since my mind has been
wholly occupied in a most anxious attempt to conform my action to the
legislative will. In this communication I am confined by the Constitu-
tion to my objections simply to this bill, but the period of the regular
session will soon arrive, when it will be my duty, under another clause
of the Constitution, "to give to Congress information of the state of
the Union and recommend to their ronsideration such measures as " I
"shall judge necessary and expedient." And I most respectfully sub-
mit, in a spirit of harmony, whether the present differences of opinion
should be pressed further at this time, and whether the peculiarity of
my situation does not entitle me to a postponement of this subject to a
more auspicious period for deliberation. The two Houses of Congress
have distinguished themselves at this extraordinary session by the per-
formance of an immense mass of labor at a season very unfavorable

1925 Messages and Papers of the Presidents

both to health and action, and have passed many laws which I trust
will prove highly beneficial to the interests of the country and fully
answer its just expectations. It has been my good fortune and pleasure
to concur with them in all measures except this. And why should our
difference on this alone be pushed to extremes? It is my anxious desire
that it should not be. I too have been burdened with extraordinary
labors of late, and I sincerely desire time for deep and deliberate reflec-
tion on this the greatest difficulty of my Administration. May we not
now pause until a more favorable time, when, with the most anxious
hope that the Executive and Congress may cordially unite, some meas-
ure of finance may be deliberately adopted promouve of the good of our
common country?

I will take this occasion to declare that the conclusions to which I
have brought myself are those of a settled conviction, founded, in my
opinion, on a just view of the Constitution; that in arriving at it I have
been actuated by no other motive or desire than to uphold the institu-
tions of the country as they have come down to us from the hands of our
godlike ancestors, and that I shall esteem my efforts to sustain them,
even though I perish, more honorable than to win the applause of men
by a sacrifice of my duty and my conscience.

JOHN TYLER.

PROCLAMATION.

[From Statutes at Large (Little, Brown & Co.), Vol. XI, p. 786.]

BY THE PRESIDENT OF THE UNITED STATES OP AMERICA,
A PROCLAMATION.

Whereas it has come to the knowledge of the Government of the
United States that sundry secret lodges, clubs, or associations exist
on the northern frontier; that the members of these lodges are bound
together by secret oaths; that they have collected firearms and other
military materials and secreted them in sundry places; and that it is
their purpose to violate the laws of their country by making military
and lawless incursions, when opportunity shall offer, into the territories
of a power with which the United Spates are at peace; and

Whereas it is known that traveling agitators, from both sides of the
line, visit these lodges and harangue the members in secret meeting,
stimulating them to illegal acts; and

Whereas the same persons are known to levy contributions on the
ignorant and credulous for their own benefit, thus supporting and enrich-
ing themselves by the basest means ; and

Whereas the unlawful intentions of the members of these lodges have

John Tyler 1926

already been manifested in an attempt to destroy the lives and property
of the inhabitants of Chippewa, in Canada, and the public property of
the British Government there being :

Now, therefore, I, John Tyler, President of the United States, do issue
this my proclamation, admonishing all such evil-minded persons of the
condign punishment which is certain to overtake them ; assuring them
that the laws of the United States will be rigorously executed against
their illegal acts, and that if in any lawless incursion into Canada they
fall into the hands of the British authorities they will not be reclaimed
as American citizens nor any interference made by this Government in
their behalf. And I exhort all well-meaning but deluded persons who
may have joined these lodges immediately to abandon them and to have
nothing more to do with their secret meetings or unlawful oaths, as
they would avoid serious consequences to themselves. And I expect
the intelligent and well-disposed members of the community to frown
on all these unlawful combinations and illegal proceedings, and to assist
the Government in maintaining the peace of the country against the
mischievous consequences of the acts of these violators of the law.

Given under my hand, at the city of Washington, the 25th day of Sep-

i- -, tember, A. D. 1841, and of the Independence of the United
(SEAL. I

States the sixty-sixth.

JOHN TYLER.
By the President:

DANIEL WEBSTER,

Secretary of State.

EXECUTIVE ORDER.

GENERAL ORDERS.

WAR DEPARTMENT,
ADJUTANT- GENERAL'S OFFICE,

Washington, July 5, 184.1.

Brevet Ma jo*-- General Winfield Scott having been appointed by tho
President, by and with the consent and advice of the Senate, the Major
General of the Army of the United States, he is directed to assume the
command and enter upon his duties accordingly.
By command of the President of the United States:

R. JONES,

Adjutan t- Genera?

1927 Messages and Papers of the Presidents

FIRST ANNUAL MESSAGE.

WASHINGTON, December 7, 184.1.
To the Senate and House of Representatives of the United States:

In coming together, fellow-citizens, to enter again upon the discharge
of the duties with which the people have charged us severally, we find
great occasion to rejoice in the general prosperity of the country. We
are in the enjoyment of all the blessings of civil and religious liberty,
with unexampled means of education, knowledge, and improvement.
Through the year which is now drawing to a close peace has been in our
borders and plenty in our habitations, and although disease has visited
some few portions of the land with distress and mortality, yet in general
the health of the people has been preserved, and we are all called upon
by the highest obligations of duty to renew our thanks and our devotion
to our Heavenly Parent, who has continued to vouchsafe to us the eminent
blessings which surround us and who has so signally crowned the yeat
with His goodness. If we find ourselves increasing beyond example in
numbers, in strength, in wealth, in knowledge, in everything which
promotes human and social happiness, let us ever remember our depend-
ence for all these on the protection and merciful dispensations of Divine
Providence.

Since your last adjournment Alexander McL,eod, a British subject who
was indicted for the murder of an American citizen, and whose case has
been the subject of a correspondence heretofore communicated to you,
has been acquitted by the verdict of an impartial and intelligent jury,
and has under the judgment of the court been regularly discharged.

Great Britain having made known to this Government that the expe-
dition which was fitted out from Canada for the destruction of the steam-
boat Caroline in the winter of 1837, and which resulted in the destruction
of said boat and in the death of an American citizen, was undertaken
by orders emanating from the authorities of the British Government in
Canada, and demanding the discharge of McL,eod upon the ground that
if engaged in that expedition he did but fulfill the orders of his Govern-
ment, has thus been answered in the only way in which she could be
answered by a government the powers of which are distributed among
its several departments by the fundamental law. Happily for the people
of Great Britain, as well as those of the United States, the only mode by
which an individual arraigned for a criminal offense before the courts of
either can obtain his discharge is by the independent action of the judi-
ciary and by proceedings equally familiar to the courts of both countries.

If in Great Britain a power exists in the Crown to cause to be entered
a nolle proscqui, which is not the case with the Executive power of the
United States upon a prosecution pending in a State court, yet there no

John Tyler 1928

more than here can the chief executive power rescue a prisoner from
custody without an order of the proper tribunal directing his discharge.
The precise stage of the proceedings at which such order may be made is
a matter of municipal regulation exclusively, and not to be complained of
by any other government. In cases of this kind a government becomes
politically responsible only when its tribunals of last resort are shown to
have rendered unjust and injurious judgments in matters not doubtful.
To the establishment and elucidation of this principle no nation has lent
its authority more efficiently than Great Britain. Alexander McLeod,
having his option either to prosecute a writ of error from the decision
of the supreme court of New York, which had been rendered upon his
application for a discharge, to the Supreme Court of the United States,
or to submit his case to the decision of a jury, preferred the latter, deem-
ing it the readiest mode of obtaining his liberation; and the result has
fully sustained the wisdom of his choice. The manner in which the issue
submitted was tried will satisfy the English Government that the prin-
ciples of justice will never fail to govern the enlightened decision of
an American tribunal. I can not fail, however, to suggest to Congress
the propriety, and in some degree the necessity, of making such pro-
visions by law, so far as they may constitutionally do so, for the removal
at their commencement and at the option of the party of all such cases
as may hereafter arise, and which may involve the faithful observance
and execution of our international obligations, from the State to the Fed-
eral judiciary. This Government, by our institutions, is charged with
the maintenance of peace and the preservation of amicable relations
with the nations of the earth, and ought to possess without question
all the reasonable and proper means of maintaining the one and preserv-
ing the other. While just confidence is felt in the judiciary of the
States, yet this Government ought to be competent in itself for the ful-
fillment of the high duties which have been devolved upon it under the
organic law by the States themselves.

In the month of September a party of armed men from Upper Canada
invaded the territory of the United States and forcibly seized upon
the person of one Grogan, and under circumstances of great harshness
hurriedly carried him beyond the limits of the United States and deliv-
ered him up to the authorities of Upper Canada. His immediate dis-
charge was ordered by those authorities upon the facts of the case being
brought to their knowledge — a course of procedure which was to have
been expected from a nation with whom we are at peace, and which was
not more due to the rights of the United States than to its own regard
for justice. The correspondence which passed between the Department
of State and the British envoy, Mr. Fox, and with the governor of Ver-
mont, as soon as the facts had been made known to this department, are
herewith communicated.

I regret that it is not in my power to make known to you an equally

1929 Messages and Papers of the Presidents

satisfactory conclusion in the case of the Caroline steamer, with the cir-
cumstances connected with the destruction of which, in December, 1837,
by an armed force fitted out in the Province of Upper Canada, you are
already made acquainted. No such atonement as was due for the public
wrong done to the United States by this invasion of her territory, so
wholly irreconcilable with her rights as an independent power, has yet
been made. In the view taken by this Government the inquiry whether
the vessel was in the employment of those who were prosecuting an
unauthorized war against that Province or was engaged by the owner in
the business of transporting passengers to and from Navy Island in hopes
of private gain, which was most probably the case, in no degree alters
the real question at issue between the two Governments. Thic Govern-
ment can never concede to any foreign government the power, except
in a case of the most urgent and extreme necessity, of invading Its terri-
tory, either to arrest the persons or destroy the property of those who
may have violated the municipal laws of such foreign government or
have disregarded their obligations arising under the law of nations. The
territory of the United States must be regarded as sacredly secure against
all such invasions until they shall voluntarily acknowledge then* inability
to acquit themselves of their duties to others. And in announcing this
sentiment I do but affirm a principle which no nation on earth would be
more ready to vindicate at all hazards than the people and Government
of Great Britain. If upon a full investigation of all the facts it shall
appear that the owner of the Caroline was governed by a hostile intent or
had made common cause with those who were in the occupancy of Navy
Island, then so far as he is concerned there can be no claim to indemnity
for the destruction of his boat which this Government would feel itself
bound to prosecute, since he would have acted not only in derogation
of the rights of Great Britain, but in clear violation of the laws of the
United States; but that is a question which, however settled, in no man-
ner involves the higher consideration of the violation of territorial sov-
ereignty and jurisdiction. To recognize it as an admissible practice that
each Government in its turn, upon any sudden and unauthorized cut-
break which, on a frontier the extent of which renders it impossible for
either to have an efficient force on every mile of it, and which outbreak,
therefore, neither may be able to suppress in a day, may take vengeance
into its own hands, and without even a remonstrance, and in the absence
of any pressing or overruling necessity may invade the territory of the
other, would inevitably lead to results equally tc be deplored by both.
When border collisions come to receive the sanction or to be made or
the authority of either Government general war must be the inevitable
result. While it is the ardent desire of the United States to cultivate
the relations of peace with all nations and to fulfill all the duties of good
neighborhood toward those who possess territories adjoining their own,
that very desire would lead them to deny the right of any foreign power

., '

I\i IDKXTS OF THE SKMIXOLK INDIAN WAR

INCIDENTS IN THE SEMINOLE WAR.

For account of the war with the Seminole Indians, see Kncyclopedic Index
article under Seminole \Yars. One of the panels in the preceding' illustration
shows the capture of (Jsceola, the leader of the Seniinoles. Osceolu, a half-
breed, rallied the Indian forces under his leadership soon after the outbreak
of the war in 1S.54, but it was not until December 28, 18.^5, that his strength
was realized. On that day, a large band of Seniinoles followed Osceola to the
place shown on the other preceding panel, and there surprised and killed
Major Dade and all of the force of 110 men under him. Osceola was finally
captured by General Jessup, while the Indian was under the protection of a
Hag of truce, the I'nited States commander justifying his action by the fact
that Osceola himself had broken treaties on several occasions.

John Tyler J93°

to invade their boundary with an armed force. The correspondence
between the two Governments on this subject will at a future day of
your session be submitted to your consideration; and in the meantime I
can not but indulge the hope that the British Government will see the
propriety of renouncing as a rule of future action the precedent which
has been set in the affair at Schlosser.

I herewith submit the correspondence which has recently taken place
between the American minister at the Court of St. James, Mr. Steven-
son, and the minister of foreign affairs of that Government on the right
claimed by that Government to visit and detain vessels sailing under the
American flag and engaged in prosecuting lawful commerce in the Afri-
can seas. Our commercial interests in that region have experienced con-
siderable increase and have become an object of much importance, and it
is the duty of this Government to protect them against all improper and
vexatious interruption. However desirous the United States may be
for the suppression of the slave trade, they can not consent to interpola-
tions into the maritime code at the mere will and pleasure of other gov-
ernments. We deny the right of any such interpolation to any one or all
the nations of the earth without our consent. We claim to have a voice
in all amendments or alterations of that code, and when we are given to
understand, as in this instance, by a foreign government that its treaties
with other nations can not be executed without the establishment and
enforcement of new principles of maritime police, to be applied without
our consent, we must employ a language neither of equivocal import or
susceptible of misconstruction. American citizens prosecuting a lawful
commerce in the African seas under the flag of their country are not
responsible for the abuse or unlawful use of that flag by others; nor can
they rightfully on account of any such alleged abuses be interrupted,
molested, or detained while on the ocean, and if thus molested and
detained while pursuing honest voyages in the usual way and violating
no law themselves they are unquestionably entitled to indemnity. This
Government has manifested its repugnance to the slave trade in a man-
ner which can not be misunderstood. By its fundamental law it pre-
scribed limits in point of time to its continuance, and against its own
citizens who might so far forget the rights of humanity as to engage in
that wicked traffic it has long since by its municipal laws denounced the
most condirn punishment. Many of the States composing this Union
had made appeals to the civilized world for its suppression long before
the moral sense of other nations had become shocked by the iniquities of
the traffic. Whether this Government should now enter into treaties con-
taining mutual stipulations upon this subject is a question for its mature
deliberation. Certain it is that if the right to detain American ships on
the high seas can be justified on the plea of a necessity for such detention
arising out of the existence of treaties between other nations, the same
plea may be extended and enlarged by the new stipulations of new treaties

1 93 1 Messages and Papers of the Presidents

to which the United States may not be a party. This Government will
not cease to urge upon that of Great Britain full and ample remuneration
for all losses, whether arising from detention or otherwise, to which
American citizens have heretofore been or may hereafter be subjected
by the exercise of rights which this Government can not recognize as
legitimate and proper. Nor will I indulge a doubt but that the sense
of justice of Great Britain will constrain her to make retribution for any
wrong or loss which any American citizen engaged in the prosecution
of lawful commerce may have experienced at the hands of her cruisers or
other public authorities. This Government, at the same time, will relax
no effort to prevent its citizens, if there be any so disposed, from prose-
cuting a traffic so revolting to the feelings of humanity. It seeks to do
no more than to protect the fair and honest trader from molestation and
injury; but while the enterprising mariner engaged in the pursuit of an
honorable trade is entitled to its protection, it will visit with condign
punishment others of an opposite character.

I invite your attention to existing laws for the suppression of the
African slave trade, and recommend all such alterations as may give
to them greater force and efficacy. That the American flag is grossly
abused by the abandoned and profligate of other nations is but too prob-
able. Congress has not long since had this subject under its considera-
tion, and its importance well justifies renewed and anxious attention.

I also communicate herewith the copy of a correspondence between
Mr. Stevenson and Lord Palmerston upon the subject, so interesting to
several of the Southern States, of the rice duties, which resulted hon-
orably to the justice of Great Britain and advantageously to the United
States.

At the opening of the last annual session the President informed Con-
gress of the progress which had then been made in negotiating a conven-
tion between this Government and that of England with a view to the
final settlement of the question of the boundary between the territorial
limits of the two countries. I regret to say that little further advance-
ment of the object has been accomplished since last year, but this is
owing to circumstances no way indicative of any abatement of the desire
oT both parties to hasten the negotiation to its conclusion and to settle
the question in dispute as early as possible. In the course of the session
it is my hope to be able to announce some further degree of progress
toward the accomplishment of this highly desirable end.

The commission appointed by this Government for the exploration and
survey of the line of boundary separating the States of Maine and New
Hampshire from the conterminous British Provinces is, it is believed,
about to clcse its field labors and is expected soon to report the results
of its examinations to the Department of State. The report, when
received, will be laid before Congress.

The failure on the part of Spain to pay with punctuality the interest

John Tyler 1932

due under the convention of 1834 for the settlement of claims between
the two countries has made it the duty of the Executive to call the par-
ticular attention of that Government to the subject. A disposition has
been manifested by it, which is believed to be entirely sincere, to fulfill
its obligations in this respect so soon as its internal condition and the
state of its finances will permit. An arrangement is in progress from
the result of which it is trusted that those of our citizens who have
claims under the convention will at no distant day receive the stipulated
payments.

A treaty of commerce and navigation with Belgium was concluded
and signed at Washington on the 2gth of March, 1840, and was duly
sanctioned by the Senate of the United States. The treaty was ratified
by His Belgian Majesty, but did not receive the approbation of the Bel-
gian Chambers within the time limited by its terms, and has therefore
become void.

This occurrence assumes the graver aspect from the consideration that
in 1833 a treaty negotiated between the two Governments and ratified
on the part of the United States failed to be ratified on the part of Bel-
gium. The representative of that Government at Washington informs
the Department of State that he has been instructed to give explana-
tions of the causes which occasioned delay in the approval of the late
treaty by the legislature, and to express the regret of the King at the
occurrence.

The joint commission under the convention with Texas to ascertain
the true boundary between the two countries has concluded its labors,
but the final report of the commissioner of the United States has not been
received. It is understood, however, that the meridian line as traced by
the commission lies somewhat farther east than the position hitherto
generally assigned to it, and consequently includes in Texas some part
of the territory which had been considered as belonging to the States of
Louisiana and Arkansas.

The United States can not but take a deep interest in whatever relates
to this young but growing Republic. Settled principally by emigrants
from the United States, we have the happiness to know that the great
principles of civil liberty are there destined to flourish under wise insti-
tutions and wholesome laws, and that through its example another evi-
dence is to be afforded of the capacity of popular institutions to advance
the prosperity, happiness, and permanent glory of the human race. The
great truth that government was made for the people and not the peo-
ple for government has already been established in the practice and
by the example of these United States, and we can do no other than
contemplate its further exemplification by a sister republic with the
deepest interest.

Our relations with the independent States of this hemisphere, formerly
under the dominion of Spain, have not undergone any material change
63

1933 Messages and Papers of the Presidents

within the past year. The incessant sanguinary conflicts in or between
those countries are to be greatly deplored as necessarily tending to dis-
able them from performing their duty as members of the community
of nations and rising to the destiny which the position and natural
resources of many of them might lead them justly to anticipate, as con-
stantly giving occasion also, directly or indirectly, for complaints on the
part of our citizens who resort thither for purposes of commercial inter-
course, and as retarding reparation for wrongs already committed, some
of which are by no means of recent date.

The failure of the Congress of Ecuador to hold a session at the time
appointed for that purpose, in January last, will probably render abor-
tive a treaty of commerce with that Republic, which was signed at Quito
on the 1 3th of June, 1839, and had been duly ratified on our part, but
which required .the approbation of that body prior to its ratification by
the Ecuadorian Executive.

A convention which has been concluded with the Republic of Peru,
providing for the settlement of certain claims of citizens of the United
States upon the Government of that Republic, will be duly submitted to
the Senate.

The claims of our citizens against the Brazilian Government origi-
nating from captures and other causes are still unsatisfied. The United
States have, however, so uniformly shown a disposition to cultivate
relations of amity with that Empire that it is hoped the unequivocal
tokens of the same spirit toward us which an adjustment of the affairs
referred to would afford will be given without further avoidable delay.

The war with the Indian tribes on the peninsula of Florida has during
the last summer and fall been prosecuted with untiring activity and zeal.
A summer campaign was resolved upon as the best mode of bringing it
to a close. Our brave officers and men who have been engaged in that
service have suffered toils and privations and exhibited an energy which
in any other war would have won for them unfading laurels. In despite
of the sickness incident to the climate, they have penetrated the fast-
nesses of the Indians, broken up their encampments, and harassed them
unceasingly. Numbers have been captured, and still greater numbers
have surrendered and have been transported to join their brethren on
the lands elsewhere allotted to them by the Government, and a strong
hope is entertained that under the conduct of the gallant officer at the
head of the troops in Florida that troublesome and expensive war is des-
tined to a speedy termination. With all the other Indian tribes we are
enjoying the blessings of peace. Our duty as well as our best interests
prompts us to observe in all our intercourse with them fidelity in fulfill-
ing our engagements, the practice of strict justice, as well as the con-
stant exercise of acts of benevolence and kindness. These are the great
instruments of civilization, and through the use of them alone can the
untutored child of the forest be induced to listen to its teachings.

John Tyler *934

The Secretary of State, on whom the acts of Congress have devolved
the duty of directing the proceedings for the taking of the sixth census
or enumeration of the inhabitants of the United States, will report to the
two Houses the progress of that work. The enumeration of persons has
been completed, and exhibits a grand total of 17,069453, making an
increase over the census of 1830 of 4,202,646 inhabitants, and showing
a gain in a ratio exceeding 32^2 per cent for the last ten years.

From the report of the Secretary of the Treasury you will be informed
of the condition of the finances. The balance in the Treasury on the
ist of January last, as stated in the report of the Secretary of the Treas-
ury submitted to Congress at the extra session, was $987,345.03. The
receipts into the Treasury during the first three quarters of this year from
all sources amount to $23,467,072.52 ; the estimated receipts for the
fourth quarter amount to $6,943,095.25, amounting to $30,410,167.77,
and making with the balance in the Treasury on the ist of January
last $31,397,512.80. The expenditures for the first three quarters of
this year amount to $24,734,346.97. The expenditures for the fourth
quarter as estimated will amount to $7,290,723.73, thus making a total
of $32,025,070.70, and leaving a deficit to be provided for on the ist of
January next of about $627,557.90.

Of the loan of $12,000,000 which was authorized by Congress at its
late session only $5,432,726.88 have been negotiated. The shortness of
time which it had to run has presented no inconsiderable impediment
in the way of its being taken by capitalists at home, while the same
cause would have operated with much greater force in the foreign market.
For that reason the foreign market has not been resorted to ; and it is
now submitted whether it would not be advisable to amend the law by
making what remains undisposed of payable at a more distant clay.

Should it be necessary, in any view that Congress may take of the
subject, to revise the existing tariff of duties, I beg leave to say that in
the performance of that most delicate operation moderate counsels would
seem to be the wisest. The Government under which it is our happi-
ness to live owes its existence to the spirit of compromise which pre-
vailed among its framers ; jarring and discordant opinions could only
have been reconciled by that noble spirit of patriotism which prompted
conciliation and resulted in harmony. In the same spirit the compromise
bill, as it is commonly called, was adopted at the session of 1833. \Yhile
the people of no portion of the Union will ever hesitate to pay all neces-
sary taxes for the support of Government, yet an innate repugnance
exists to the imposition of burthens not really necessary for that object.
In imposing duties, however, for the purposes of revenue a right to dis-
criminate as to the articles on which the duty shall be laid, as well as
the amount, necessarily and most properly exists ; otherwise the Gov-
ernment would be placed in the condition of having to levy the same
duties upon all articles, the productive as well as the unproductive. The

1 935 Messages and Papers of the Presidents

slightest duty upon some might have the effect of causing their importa-
tion to cease, whereas others, entering extensively into the consumption
of the country, might bear the heaviest without any sensible diminution
in the amount imported. So also the Government may be justified in so
discriminating by reference to other considerations of domestic policy
connected with our manufactures. So long as the duties shall be laid
with distinct reference to the wants of the Treasury no well-founded
objection can exist against them. It might be esteemed desirable that
no such augmentation of the taxes should take place as would have the
effect of annulling the land-proceeds distribution act of the last ses-
sion, which act is declared to be inoperative the moment the duties are
increased beyond 20 per cent, the maximum rate established by the
compromise act. Some of the provisions of the compromise act, which
will go into effect on the 3oth day of June next, may, however, be found
exceedingly inconvenient in practice under any regulations that Con-
gress may adopt. I refer more particularly to that relating to the home
valuation. A difference in value of the same articles to some extent
will necessarily exist at different ports, but that is altogether insignifi-
cant when compared with the conflicts in valuation which are likely to
arise from the differences of opinion among the numerous appraisers
of merchandise. In many instances the estimates of value must be con-
jectural, and thus as many different rates of value may be established
as there are appraisers. These differences in valuation may also be
increased by the inclination which, without the slightest imputation on
their honesty, may arise on the part of the appraisers in favor of their
respective ports of entry. I recommend this whole subject to the con-
sideration of Congress with a single additional remark. Certainty and
permanency in any system of governmental policy are in all respects emi-
nently desirable, but more particularly is this true in all that affects
trade and commerce, the operations of which depend much more on
the certainty of their returns and calculations which embrace distant
periods of time than on high bounties or duties, which are liable to
constant fluctuations.

At your late session I invited your attention to the condition of the
currency and exchanges and urged the necessity of adopting such meas-
ures as were consistent with the constitutional competency of the Gov-
ernment in order to correct the unsoundness of the one and, as far as
practicable, the inequalities of the other. No country can be in the
enioyment of its full measure of prosperity without the presence of a
medium of exchange approximating to uniformity of value. What is
necessary as between the different nations of the earth is also important
as between the inhabitants of different parts of the same country. With
the first the precious metals constitute the chief medium of circulation,
and such also would be the case as to the last but for inventions com-
paratively modern, which have furnished in place of gold and silver a

John Tyler 1936

paper circulation. I do not propose to enter into a comparative analysis
of the merits of the two systems. Such belonged more properly to the
period of the introduction of the paper system. The speculative philoso-
pher might find inducements to prosecute the inquiry, but his researches
could only lead him to conclude that the paper system had probably
better never have been introduced and that .society might have been
much happier without it. The practical statesman has a very different
task to perform. He has to look at things as they are, to take them as
he finds them, to supply deficiencies and to prune excesses as far as in
him lies. The task of furnishing a corrective for derangements of the
paper medium with us is almost inexpressibly great. The power exerted
by the States to charter banking corporations, and which, having been
carried to a great excess, has filled the country with, in most of the
States, an irredeemable paper medium, is an evil which in some way or
other requires a corrective. The rates at which bills of exchange are
negotiated between different parts of the country furnish an index of the
value of the local substitute for gold and silver, which is in many parts
so far depreciated as not to be received except at a large discount in
payment of debts or in the purchase of produce. It could earnestly be
desired that every bank not possessing the means of resumption should
follow the example of the late United States Bank of Pennsylvania and
go into liquidation rather than by refusing to do so to continue embar-
rassments in the way of solvent institutions, thereby augmenting the
difficulties incident to the present condition of things. Whether this
Government, with due regard to the rights of the States, has any power
to constrain the banks either to resume specie payments or to force them
into liquidation, is an inquiry which will not fail to claim your considera-
tion. In view of the great advantages which are allowed the corpora-
tors, not among the least of which is the authority contained in most of
their charters to make loans to three times the amount of their capital,
thereby often deriving three times as much interest on the same amount
of money as any individual is permitted by law to receive, no sufficient
apology can be urged for a long-continued suspension of specie payments.
Such suspension is productive of the greatest detriment to the public by
expelling from circulation the precious metals and seriously hazarding
the success of any effort that this Government can make to increase
commercial facilities and to advance the public interests.

This is the more to be regretted and the indispensable necessity for a
sound currency becomes the more manifest when we reflect on the vast
amount of the internal commerce of the country. Of this we have no
statistics nor just data for forming adequate opinions. But there can be
no doubt but that the amount of transportation coastwise by sea, and
the transportation inland by railroads and canals, and by steamboats
and other modes of conveyance over the surface of our vast rivers and
immense lakes, and the value of property carried and interchanged by

IQ37 Messages and Papers of the Presidents

these means form a general aggregate to which the foreign commerce of
the country, large as it is, makes but a distant approach.

In the absence of any controlling power over this subject, which, by
forcing a general resumption of "specie payments, would at once have the
effect of restoring a sound medium of exchange and would leave to
the country but little to desire, what measure of relief falling within the
limits of our constitutional competency does it become this Government
to adopt? It was my painful duty at your last session, under the weight
of most solemn obligations, to differ with Congress on the measures which
it proposed for my approval, and which it doubtless regarded as corrective
of existing evils. Subsequent reflection and events since occurring have
only served to confirm me in the opinions then entertained and frankly
expressed. I must be permitted to add that no scheme of governmental
policy unaided by individual exertions can be available for ameliorating
the present condition of things. Commercial modes of exchange and a
good currency are but the necessary means of commerce and intercourse,
not the direct productive sources of wealth. Wealth can only be accumu-
lated by the earnings of industry and the savings of frugality, and noth-
ing can be more ill judged than to look to facilities in borrowing or to a
redundant circulation for the power of discharging pecuniary obligations.
The country is full of resources and the people full of energy, and the
great and permanent remedy for present embarrassments must be sought
in industry, economy, the observance of good faith, and the favorable
influence of time. In pursuance of a pledge given to you in my last
message to Congress, which pledge I urge as an apology for adventuring
to present you the details of any plan, the Secretary of the Treasury
will be ready to submit to you, should you require it, a plan of finance
which, while it throws around the public treasure reasonable guards for
its protection and rests on powers acknowledged in practice to exist
from the origin of the Government, will at the same time furnish to the
country a sound paper medium and afford all reasonable facilities for regu-
lating the exchanges. When submitted, you will perceive in it a plan
amendatory of the existing laws in relation to the Treasury Department,
subordinate in all respects to the will of Congress directly and the will
of the people indirectly, self-sustaining should it be found in practice to
realize its promises in theory, and repealable at the pleasure of Congress.
It proposes by effectual restraints and by invoking the true spirit of
our institutions to separate the purse from the sword, or, more properly
to speak, denies any other control to the President over the agents who
may be selected to carry it into execution but what may be indispensably
necessary to secure the fidelity of such agents, and by wise regulations
keeps plainly apart from each other private and public funds. It contem-
plates the establishment of a board of control at the seat of government,
with agencies at prominent commercial points or wherever else Congress
shall direct, for the safe-keeping and disbursement of the public moneys

John Tyler 1938

and a substitution at the option of the public creditor of Treasury notes
in lieu of gold and silver. It proposes to limit the issues to an amount
not to exceed $15,000,000 without the express sanction of the legisla-
tive power. It also authorizes the receipt of individual deposits of gold
and silver to a limited amount, and the granting certificates of deposit
divided into such sums as may be called for by the depositors. It pro-
ceeds a step further and authorizes the purchase and sale of domestic
bills and drafts resting on a real and substantial basis, payable at sight
or having but a short time to run, and drawn on places not less than 100
miles apart, which authority, except in so far as may be necessary for
Government purposes exclusively, is only to be exerted upon the express
condition that its exercise shall not be prohibited by the State in which
the agency is situated. In order to cover the expenses incident to the
plan, it will be authorized to receive moderate premiums for certificates
issued on deposits and on bills bought and sold, and thus, as far as its
dealings extend, to furnish facilities to commercial intercourse at the
lowest possible rates and to subduct from the earnings of industry
the least possible sum. It uses the State banks at a distance from the
agencies as auxiliaries without imparting any power to trade in its name.
It is subjected to such guards and restraints as have appeared to be nec-
essary. It is the creature of law and exists only at the pleasure of the
Legislature. It is made to rest on an actual specie basis in order to
redeem the notes at Lie places of issue, produces no dangerous redun-
dancy of circulation, affords no temptation to speculation, is attended by
no inflation of prices, is equable in its operation, makes the Treasury
notes (which it may use along with the certificates of deposit and the notes
of specie-paying banks) convertible at the place where collected, receiv-
able in payment of Government dues, and without violating any principle
of the Constitution affords the Government and the people such facilities
as are called for by the wants of both. Such, it has appeared to me, are
its recommendations, and in view of them it will be submitted, whenever
you may require it, to your consideration.

I am not able to perceive that any fair and candid objection can be
urged against the plan, the principal outlines of which I have thus pre-
sented. I can not doubt but that the notes which it proposes to furnish
at the voluntary option of the public creditor, issued in lieu of the reve-
nue and its certificates of deposit, will be maintained at an equality with
gold and silver everywhere. They are redeemable in gold and silver on
demand at the places of issue. They are receivable everywhere in pay-
ment of Government dues. The Treasury notes are limited to an amount
of one-fourth less than the estimated annual receipts of the Treasury, and
in addition they rest upon the faith of the Government for their redemp-
tion. If all these assurances are not sufficient to make them available,
then the idea, as it seems to me, of furnishing a sound paper medium of
exchange may be entirely abandoned.

1939 Messages and Papers of the Presidents

If a fear be indulged that the Government may be tempted to run into
excess in its issues at any future day, it seems to me that no such appre-
hension can reasonably be entertained until all confidence in the repre-
sentatives of the States and of the people, as well as of the people them-
selves, shall be lost. The weightiest considerations of policy require
that the restraints now proposed to be thrown around the measure should
not for light causes be removed. To argue against any proposed plan
its liability to possible abuse is to reject every expedient, .since every-
thing dependent on human action is liable to abuse. Fifteen millions of
Treasury notes may be issued as the maximum, but a discretionary
power is to be given to the board of control under that sum, and every
consideration will unite in leading them to feel their way with caution.
For the first eight years of the existence of the late Bank of the United
States its circulation barely exceeded $4,000,000, and for five of its most
prosperous years it was about equal to $16,000,000; furthermore, the
authority given to receive private deposits to a limited amount and to
issue certificates in such sums as may be called for by the depositors
may so far fill up the channels of circulation as greatly to diminish the
necessity of any considerable issue of Treasury notes. A restraint upon
the amount of private deposits has seemed to be indispensably necessary
from an apprehension, thought to be well founded, that in any emergency
of trade confidence might be so far shaken in the banks as to induce a
withdrawal from them of private deposits with a view to insure their
unquestionable safety when deposited with the Government, which
might prove eminently disastrous to the State banks. Is it objected
that it is proposed to authorize the agencies to deal in bills of exchange?
It is answered that such dealings are to be carried on at the lowest pos-
sible premium, are made to rest on an unquestionably sound basis, are
designed to reimburse merely the expenses which would otherwise devolve
upon the Treasury, and are in strict subordination to ^he decision of the
Supreme Court in the case of the Bank of Augusta against Earle, and
other reported cases, and thereby avoids all conflict with State jurisdic-
tion, which I hold to be indispensably requisite. It leaves the banking
privileges of the States without interference, looks to the Treasury and
the Union, and while furnishing every facility to the first is careful of the
interests of the last. But above all, it is created by law, is amendable by
'.aw, and is repealable by law, and, wedded as I am to no theory, but look-
ing solely to the advancement of the public good, I shall be among the
very first to urge its repeal if it be found not to subserve the purposes and
objects for which it may be created. Nor will the plan be submitted in
an}' overweening confidence in the sufficiency of my own judgment, but
with much greater reliance on the wisdom and patriotism of Congress.
I can not abandon this subject without urging upon you in the most
emphatic manner, whatever may be your action on the suggestions which
I have felt it to be my duty to submit, to relieve the Chief Executive

John Tyler 1940

Magistrate, by any and all constitutional means, from a controlling power
over the public Treasury. If in the plan proposed, should you deem it
worthy of your consideration, that separation is not as complete as you
may desire, you will doubtless amend it in that particular. For myself,
I disclaim all desire to have any control over the public moneys other
than what is indispensably necessary to execute the laws which you may
pass.

Nor can I fail to advert in this connection to the debts which many
of the States of the Union have contracted abroad and under which they
continue to labor. That indebtedness amounts to a sum not less than
$200,000,000, and which has been retributed to them for the most part
in works of internal improvement which are destined to prove of vast
importance in ultimately advancing their prosperity and wealth. For
the debts thus contracted the States are alone responsible. I can do no-
more than express the belief that each State will feel itself bound by
every consideration of honor as well as of interest to meet its engage-
ments with punctuality. The failure, however, of any one State to do
so should in no degree affect the credit of the rest, and the foreign capi-
talist will have no just cause to experience alarm as to all other State
stocks because any one or more of the States may neglect to provide with
punctuality the means of redeeming their engagements. Even such
vStates, should there be any, considering the great rapidity with which
their resources are developing themselves, will not fail to have the means
at no very distant day to redeem their obligations to the uttermost far-
thing; nor will I doubt but that, in view of that honorable conduct which
has evermore governed the States and the people of the Union, they will
each and all resort to every legitimate expedient before they will forego
a faithful compliance with their obligations.

From the report of the Secretary of War and other reports accom-
panying it you will be informed of the progress which has been made in
the fortifications designed for the protection of our principal cities, road-
steads, and inland frontier during the present year, together with their
true state and condition. They will be prosecuted to completion with
all the expedition which the means placed by Congress at the disposal of
the Executive will allow.

I recommend particularly to your consideration that portion of the Sec-
retary's report which proposes the establishment of a chain of military
posts from Council Bluffs to some point on the Pacific Ocean within our
limits. The benefit thereby destined to accrue to our citizens engaged
in the fur trade over that wilderness region, added to the importance of
cultivating friendly relations with savage tribes inhabiting it, and at the
same time of giving protection to our frontier settlements and of estab-
lishing the means of safe intercourse between the American settlements
at the mouth of the Columbia River and those on this side of the Rocky
Mountains, would seem to suggest the importance of carrying into effect

T941 Messages and Papers of the Presidents

the recommendations upon this head with as little delay as may be
practicable.

The report of the Secretary of the Navy will place you in possession
of the present condition of that important arm of the national defense.
Every effort will be made to add to its efficiency, and I can not too
strongly urge upon you liberal appropriations to that branch of the public
service. Inducements of the weightiest character exist for the adoption
of this course of policy. Our extended and otherwise exposed maritime
frontier calls for protection, to the furnishing of which an efficient naval
force is indispensable. We look to no foreign conquests, nor do we pro-
pose to enter into competition with any other nation for supremacy on
the ocean; but it is due not only to the honor but to the security of the
people of the United States that no nation should be permitted to invade
our waters at pleasure and subject our towns and villages to conflagra-
tion or pillage. Economy in all branches of the public service is due
from all the public agents to the people, but parsimony alone would
suggest the withholding of the necessary means for the protection of our
domestic firesides from invasion and our national honor from disgrace.
I would most earnestly recommend to Congress to abstain from all appro-
priations for objects not absolutely necessary; but I take upon myself,
without a moment of hesitancy, all the responsibility of recommending
the increase and prompt equipment of that gallant Navy which has
lighted up every sea with its victories and spread an imperishable glory
over the country.

The report of the Postmaster- General will claim your particular atten-
tion, not only because of the valuable suggestions which it contains, but
because of the great importance which at all times attaches to that inter-
esting branch of the public service. The increased expense of transport-
ing the mail along the principal routes necessarily claims the public
attention, and has awakened a corresponding solicitude on the part of
the Government. The transmission of the mail must keep pace with
those facilities of intercommunication which are every day becoming
greater through the building of railroads and the application of steam
power, but it can not be disguised that in order to do so the Post-Office
Department is subjected to heavy exactions. The lines of communica-
tion between distant parts of the Union are to a great extent occupied by
railroads, which, in the nature of things, possess a complete monopoly,
and the Department is therefore liable to heavy and unreasonable charges.
This evil is destined to great increase in future, and some timely measure
may become necessary to guard against it.

I feel it my duty to bring under your consideration a practice which
has grown up in the administration of the Government, and which, I am
deeply convinced, ought to be corrected. I allude to the exercise of the
power which usage rather than reason has vested in the Presidents of
removing incumbents from office in order to substitute others more in
favor with the dominant party. My own conduct in this respect has
been governed by a conscientious purpose to exercise the removing power

John Tyler 1942

only in cases of unfaithfulness or inability, or in those in which its exercise
appeared necessary in order to discountenance and suppress that spirit of
active partisanship on the part of holders of office which not only with-
draws them from the steady and impartial discharge of their official duties,
but exerts an undue and injurious influence over elections and degrades
the character of the Government itself, inasmuch as it exhibits the Chief
Magistrate as being a party through his agents in the secret plots or open
workings of political parties.

In respect to the exercise of this power nothing should be left to dis-
cretion which may safely be regulated by law, and it is of high impor-
tance to restrain as far as possible the stimulus of personal interests in
public elections. Considering the great increase which has been made
in public offices in the last quarter of a century and the probability of
further increase, we incur the hazard of witnessing violent political con-
tests, directed too often to the single object of retaining office by those
who are in or obtaining it by those who are out. Under the influence of
these convictions I shall cordially concur in any constitutional measure
for regulating and, by regulating, restraining the power of removal.

I suggest for your consideration the propriety of making without further
delay some specific application of the funds derived under the will of Mr.
Smithson, of England, for the diffusion of knowledge, and which have
heretofore been vested in public stocks until such time as Congress should
think proper to give them a specific direction. Nor will you, I feel con-
fident, permit any abatement of the principal of the legacy to be made
should it turn out that the stocks in which the investments have been
made have undergone a depreciation.

In conclusion I commend to your care the interests of this District,
for which you are the exclusive legislators. Considering that this city is
the residence of the Government and for a large part of the year of Con-
gress, and considering also the great cost of the public buildings and the
propriety of affording them at all times careful protection, it seems not
unreasonable that Congress should contribute toward the expense of an
efficient police. JQHN TYLER<

SPECIAL MESSAGES.

WASHINGTON, December 7, 184.1.
To the Senate of the United States:

I transmit herewith a report from the Secretary of War, in compliance
with a resolution of the Senate of the 3d of March last, calling for a
comparative statement of the condition of the public defenses, of all the
preparations and means of defense, and of the actual and authorized
strength of the Army on the ist of January, 1829, and the ist of January-,
1841. JOHN TYLER.

1 943 Messages and Papers of the Presidents

WASHINGTON, December 7, 1841.
To the Senate of the United States:

I transmit herewith a report from the War Department, in compliance
with so much of the resolution of the Senate of March 3, 1841, respect-
ing the military and naval defenses of the country, as relates to the
defenses under the superintendence of that Department.

JOHN TYLER.

WASHINGTON, December 8, 184.1,
To the House of Representatives of the United States:

In answer to the resolution of the House of Representatives of the
4th of September last, requesting information touching the relations
between the United States and the Republic of Texas, I transmit a
report from the Secretary of State, to whom the resolution was referred.

JOHN TYLER.

WASHINGTON, December 8, 184.1.
To the Hoiisc of Representatives of the United States:

I transmit herewith a report from the Secretary of the Treasury,
exhibiting certain transfers of appropriations which have been made
in that Department in pursuance of the power vested in the President
of the United States by the act of Congress of the 3d of March, 1809,
entitled "An act further to amend the several acts for the establishment
and regulation of the Treasury, War, and Navy Departments. "

JOHN TYLER.

WASHINGTON, December 29, 184.1.
To the Senate of the United States:

I herewith transmit to the Senate a report* from the Secretary of
State, in answer to their resolution of the 2yth instant.

JOHN TYLER.

WASHINGTON, January 4, 184.2.
To the House of Representatives of the United States:

I herewith communicate a report and statement from the Secretary of
vState, in answer to a resolution of the House of the igth of June, 1841.
requesting the aggregate amount of each description of persons within
the several districts of the United States by counties and principal towns.

JOHN TYLER.

* Stating: that no proposition has been made by either the United States or Great Hritain relative
to the mutual tight of search.

John Tyler IQ44

WASHINGTON, January 10, 184.2.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a convention between the United States and the Republic of Peru,
signed at Lima on the iyth of March last, providing for the adjustment
and satisfaction of certain claims of citizens of the United States against
the Government of that Republic.

For the purpose of acquainting the Senate with the nature and amount
of those demands and with the course of the negotiation, I also commu-
nicate a copy of such parts of the correspondence of the agents of the
two Governments as relate thereto. JOHN TYLER

WASHINGTON, January ij, 184.2.
To the Senate of the United States:

I transmit to the Senate a report from the Secretary of State, relative
to the proceedings and final decision of the commissioners under the
convention with the Republic of Texas upon the subject of the boundary
between the United States and that Republic.

JOHN TYLER.

[The same message was sent to the House of Representatives.]

WASHINGTON, January 18, 184.2.
To the House of Representatives:

I transmit to the House of Representatives, in answer to the resolution
of the 1 4th instant, a report * from the Secretary of State and the papers
by which it was accompanied. TOHN TYT FR

WASHINGTON, January *<?, 184.2.
To the Senate of the United States:

I transmit to the Senate herewith a report f from the Secretary of
vState, with accompanying papers, in answer to their resolution of the
nth instant. JOHN TYLER.

To the Hoiisc of Representatives: *'

I transmit herewith a report \ of the Secretary of War, in answer to
the resolution of the House of Representatives of the 9th August, 1841.

JOHN TYLER.

* Relating to American citizens captured near Santa Fe, Mexico, by the Mexican army.

t Transmitting correspondence relative to the action of the authorities of Nassau, New Provi-
dence, in the imprisonment of slaves charged with mutiny and murder, the refusal to surrender
them to the United States consul for trial in the United States, and the liberation of slaves, all of
said slaves being a part of the cargo of the United States brig Creole.

t Relating to the origin of the Scminole war, slaves captured during- said war by United States
troops, etc.

1945 Messages and Papers of the Presidents

WASHINGTON, February 5, 1842.
To the Senate of the United States. :

I transmit herewith to the Senate copies of a report and letter from the
commissioners appointed by the President for the exploration and survey
of the boundary line between the States of Maine and New Hampshire
and the conterminous British Provinces, showing the progress made in
that work during the past season, and submitting an estimate, to which
I invite the attention of Congress, of the funds that will be requisite for
completing the surveys yet to be made on the boundary, and the office
work consequent thereoii, and for completing the maps of surveys already

made' JOHN TYLER.

[The same message was sent to the House of Representatives.]

Hon. DANIEL WEBSTER, NEW YoRK' January * '***'

Secretary of State:

The undersigned, commissioners appointed by the President of the United States
for the purpose of exploring and surveying the boundary line between the States of
Maine and New Hampshire and the British Provinces in North America, respectfully
report —

That in pursuance of the duties of their appointment they have in the course of
the late season performed the following surveys and explorations:

I. The meridian line of the monument at the source of the St. Croix has, under
the direction of J. D. Graham, been carefully and accurately traced from the station
in the vicinity of Houlton where the labors of the year 1840 terminated to a point
4 miles north of the St. John River in the vicinity of the Grand Falls, being a dis-
tance of 8 1 miles from the monument. The timber has been removed along this line
to a width necessary for its accurate prolongation and for the requisite astronom*
ical observations at various points upon it, and a correct profile, or vertical section,
has also been obtained by means of the spirit level the whole of the distance above
mentioned.

Besides the astronomical observations necessary to obtain and continue the due
north direction upon this line, numerous magnetic observations have also been made
at a number of points upon it, in order to show the physical causes which must
operate to produce serious discrepancies between a meridian line properly traced
and such a one as has actually separated the jurisdiction of the two Governments
since the attempt in the years 1817 and 1818 to define and mark this portion of the
boundary under the provisions of the treaty of Ghent, although no portion of that
line was ever ratified or made binding upon the parties to the treaty.

Upon this portion of the survey there have been chained, including measured
offsets to the old line and to other important points, 85 miles.

Four hundred and fifty-two transit observations of heavenly bodies have been
made, aided by three excellent chronometers, for the determination of the true
meridian direction, most of which also served for the computation of the correct
time.

For the determination of the longitude of this meridian west of the Royal Observa-
tory of Greenwich and the latitudes of four important points upon it there were made
eighty-five complete sets of astronomical observations, including altitudes of the sun
and stars and the meridian transits of the moon and moon-culminating stars.

The number of barometric observations made upon the line and in its vicinity is
5,767 ; besides which there were made at Calais, for comparison with the level of
mean tide on the St. Croix, 1,336 similar observations.

John Tylei 1946

There have been determined in altitude above or below the level of the monu-
ment, by means of the spirit level, 1,716 points, and the altitudes of 1,816 other
points have been similarly observed inorder to verify the altitude of the monument
above the level of mean tide at Calais.

For the determination of the magnetic variation at a number of points on the me-
ridian line, more than 200 observations have been made upon four different needles,
and for the determination of the magnetic dip at four principal stations on the same
meridian 300 observations have been made upon two different needles.

Under the directions of the same commissioner the line claimed by Great Britain
from Mars Hill and that recently chosen by Messrs. Mudge and Featherstonhaugh
have been surveyed westward from the meridian line to the highlands near the head
waters of the Aroostook, and the necessary data obtained for the construction of a
correct map of that portion of country.

Upon this survey, without reckoning the distances traveled for approaching many
important points of observation, there have been actually measured with the chain
and coursed with proper instruments 267 miles, including the Aroostook River from
its mouth to the point where it receives the Lapawmpeag Stream, a profile of the
country from the head waters of the Moluncus to the St. John at Fish River, and
such other important lines as were necessary for obtaining the correct topography
of the country, and the altitudes of many points upon the line claimed by Great
Britain as the boundary, in the vicinity of the Aroostook, have been obtained.

Ten principal points have been determined in latitude and longitude by means of
115 sets of astronomical observations, aided by three good chronometers, and seven-
teen other points have been determined by triangulation with a portable theodolite.
Two hundred and five points have been determined in altitude by means of 1,319
barometric observations, and seventeen by means of the theodolite and spirit level.
One hundred and ninety-two observations have been made for determining the varia-
tion of the magnetic needle at three important points.

The field duties above mentioned are considered to furnish sufficient data for a
correct map of the line reported upon by the late British commissioners, Colonel
Mudge and Mr. Featherstonhaugh, between the St. John River and the head of the
Aroostook, besides some lateral explorations of considerable extent that will have an
important bearing upon this branch of the subject. The work accomplished is full
as much as could have been properly done in a single season, marked, as the last
was, by an unusual drought of long continuance, which rendered it impossible to
ascend, even with light canoes, some of the smaller streams, especially those forming
the northwesternmost soxirces of the Aroostook. These might be profitably explored
another season.

2. The division under the direction of A. Talcott has, besides verifying a part of the
line of 1840 and tracing the course of Indian Stream (a branch of the Connecticut)
to its source, explored and surveyed the line of highlands which extends from the
Kennebec road to the Terniscouata portage, and so much of the line claimed by
Great Britain as extends from the Kennebec road to the eastward as far as the head
of the Aroostook River.

In the course of this survey, without cotmting the lines of approach or ground trav-
eled over more than once, 703 miles have been passed over and such notes taken as
•will form the basis of a map. Of these 703 miles, 335 are upon the lines respectively
claimed as boundaries by the Governments of the United States and Great Britain. In
the course of these surveys, in order to the geographical determination of the position
of the line, the latitudes of 54 points have been determined by means of 114 sets of
altitudes of heavenly bodies, and the sets of subsidiary observations for time and for
the determination of longitude by chronometers amount to 245. The number of points
at which observations have been made by barometers for the purpose of determining
their altitudes is 930, of which 669 are upon the boundaries respectively claimed by

1 94 7 Messages and Papers of the Presidents

the two countries. The number of separate sets of barometric readings made at these
points amounts to 1,981, while those made at the fixed stations, with which the former
are to be compared, amount to 1,671.

3. The division under the direction of J. Renwick has explored or surveyed the
line of highlands from the southeastern extremity of Lake Matapediac to the vicinity
of the river Du Loup, where the line of survey has been connected with that of A.
Talcott. In this survey a gap is yet left of a few miles on the western side of the
valley of the Rimouski near its source.

In the course of the operations of this division 586 miles have been passed over
and such notes taken as will form the basis of a map. Of these 586 miles, 275 have
been actually measured, 209 are upon the boundary claimed by the United States,
and about 30 upon the line pointed out by the proclamation of the King of Great
Britain of the 7th of October, 1763, as the southern boundary of the Province of
Quebec, making in all 239 miles of the height of land.

In the course of these surveys, in order to the geographical determination of the
position of the line, the latitudes of 47 points have been determined by means of 85
sets of altitudes of heavenly bodies, and the sets of subsidiary observations for time
and for the determination of longitude by chronometers amount to 130. The number
of points at which observations have been made by barometers for the purpose of
determining their altitudes is 407, of which 267 are upon the boundary claimed by
the United States. The number of separate sets of barometric readings made at these
points amounts to 1,153, while those made at the fixed stations amount to 837.

The division of Major Graham not having returned from the field until within a
few days, neither the reduction of the astronomical observations nor any of the office
work preparatory to a general map has yet been commenced by his division.

The office work of the divisions of A. Talcott and J. Renwick has been steadily
carried on since the return of those commissioners from the field in the month of
October, and great progress has been made in the calculations and plotting prepara-
tory to the construction of maps, and necessary as materials for a general report.

In this state of the work of the several divisions the undersigned find themselves
under the necessity of communicating to the State Department that the further
progress of their operations is about to be arrested by the exhaustion of the appro-
priation, and of stating that unless speedy provision be made for the supply of the
necessary funds the report of their operations can not be made up in time to be laid
before Congress at its present session.

The position of the finances of the commission may be seen by the following
statement:

Of the appropriation of $75,000 there have been drawn —

By J. Renwick $21,000

By A. Talcott 24, 200

By J. D. Graham 25, ooo

Total drawn 70, 200

Leaving in the Treasury of the United States $4,800.

By a careful estimate it is found that to finish the office work of the several divi-
sions there will be required over and al>ove any balances in the hands of the
several commissioners —

}-"or the division of J. Renwick $3, ooo

I-'or the division of A. Talcott 5, 800

J-'or the division of J. I). Graham, including some arrearages due for instru-
ments and to assistant engineers attached to this division 6, 500

Making in all ?i5,3Oo, and leaving to be provided for the completion of the work of the
UtU- season SIO.SDO.

The undersigned can not refrain from stating that the necessity of applying for
further funds was unexpected by each of them individually, as it is painful to them
collectively. There are, however, reasons that in their opinion are incontrovertible

John Tyler 1948

which have led to an expenditure thus exceeding their estimate submitted to the
Secretary of State the nth of January, 1841:

i. The estimate for the expenses of the division under the direction of Major
Graham amounted to $22,500. This referred only, however, to the continuation of
the survey of the meridian line; and as the country had been represented by the most
authentic maps as generally rising from the monument to the north, it was inferred
that the timber to be cut away in opening this line through a dense forest would be
of the description generally found upon elevated and dry lands, and the labor sup-
posed to be requisite was estimated accordingly. So far, however, from this being
the case, 26 miles out of the 32 between the base of Parks Ridge, near Houlton, and
the river Des Chutes ( 6 miles north of the latitude of Mars Hill ) have actually been
found to be below the level of the monument and intersected by swamps covered with
a thick growth of cedar and other timber common to such land, extremely difficult
to cut away. More than double the labor estimated had therefore to be performed
in accomplishing this and all similar portions of the work, and a corresponding
increase of expense was unavoidable.

In addition to this increased labor upon the meridian line, the division of Major
Graham has executed the surveys between that line and the head waters of the
Aroostook, already given in detail, the expenses for which were not estimated or
included in the sum above mentioned.

The cost of this survey, including the instruments that were required for it, has
amounted to $5,500, and while this sum should be added to the original estimate for
this division, the expenses of the divisions of the other two commissioners have not
in any manner been thereby diminished, for the actual quantity of work performed
by them has exceeded what was supposed from the best maps extant to be necessary
upon the whole of the lines claimed by the two Governments, respectively, exclusive
of the meridian line, as will hereafter be shown.

There was another cause which tended in a great degree to augment the expenses of
this division in proportion to the progress of the work, which it was not within the
power of human agency to control, and which we should not omit to mention here.

The severe drought which prevailed throughout this region of country during
the month of August and the greater part of September caused the fires which are
annually set to the fallen timber upon newly cleared lands to spread far and wide
into the growing forest, and so rapid was its progress and so serious its ravages as
to compel the inhabitants in many cases to fly for the preservation of life. Some
check was experienced in the duties along the meridian line from the flames that
actually embraced it, but a far more serious one from the dense smoke which filled
the atmosphere almost incessantly for six weeks, and so obstructed the view as to
render it impossible to fix the stations in advance with the requisite precision.

While the party charged with the astronomical operations was thus deprived of
the opportunity of making scarcely any progress for six weeks, the expense of main-
taining it could not in any way be diminished, because there was a daily hope that
such a change in the weather might occur as would have removed this difficulty.

In order to make amends as far as practicable for so much time unavoidably lost,
this division continued to prosecute its field duties north of the forty-seventh degree
of latitude until several weeks after the severities of winter had commenced, with no
other protection than their tents, the commissioner in charge of it believing that the
expectations of the Government and of the country generally would but be fulfilled
by the investigations in relation to this important line being pushed to the utmost
attainable point. But for this it would have been impossible to have reached the St,
John River the late season.

There remains to be surveyed along this meridian line, in order to reach the north-
west angle of Xova Scotia as claimed by the United States, about 64 miles, to accom-
plish which will require another season of active field duty.

1949 Messages and Papers of the Presidents

2. In the estimate for the work of the division of A. Talcott and J. Renwick it
was assumed that the length of the boundary remaining on the line claimed by the
United States was 320 miles, and upon the lines claimed by Great Britain 170 miles.

Of the latter, about one-half was undertaken by Major Graham's division,* leaving
for the estimated distance to be surveyed by the divisions of A. Talcott and J. Ren-
wick 405 miles.

It will appear by the statement hereinbefore given that the joint surveys of these
two divisions upon the lines of highlands have actually amounted to 574 miles.
Upon the principle of their estimate, the probable cost of this would have amounted
to $49,746.37, and with the addition for instruments and for the additional cost of
the more remote parts of the line to $ 57,079. 70.

The actual cost, including the foregoing estimate for the completion of the work,
is $54,000.

It will appear, therefore, that when the increased extent of the work performed
over that made the basis of the estimate is considered, the cost of performing it, so
far from having exceeded the estimate, has fallen short of it by $3,000.

The reason of the discrepancy between the real extent of the line, as actually
measured, and that which formed the basis of the calculation is that the latter was
made by reference to the best existing maps, which were considered to be entitled to
a certain degree of credit. Upon the close examination which the operations of the
late season have afforded, these maps have been ascertained to be exceedingly erro-
neous. Well-known streams have been found to extend in either direction many
miles beyond the points at which their sources have been laid down on the maps,
and great rivers and lakes have, as it were, been discovered, of which no delineation
had ever been given by geographers. The extent of these errors in remote and
difficultly accessible points may be inferred from what has been found to occur in
the part of the region which is most accessible, best known, and most frequently
traversed.

On the Temiscouata portage, a road traveled weekly by the mail of Her Britannic
Majesty, continually passed by the officers of her various services, which had been
carefully surveyed by civil engineers preparatory to its reconstruction, and which ha»
been traveled by the surveyors of both countries under the joint commission, it had
hitherto been believed, and it was so represented on all maps, both English and
American, that the line dividing the waters crossed the road three times. The sur-
veys of the late season show that the boundary claimed by the United States crosses
this road five times, and it became necessary to explore the culminating points of the
valleys of four streams, instead of two, as had been anticipated. Instances of the same
sort, but which do not admit of verbal description, have occurred on every part of the
lines of highlands.

The two commissioners whose operations are under consideration no doubt had it
in their power to have suspended their operations and returned so soon as the por-
tion of the appropriation placed at their disposal was so far exhausted as to leave no
more than would be needed to complete their office work; but they feel satisfied
that they would not have been justified in so doing so long as any portion of the line
remained unsurveyed or the weather would permit a party to keep the field. Thus,
although in the original plan for the partition of the work it was estimated that their
lines would probably be connected in the parallel of the river Ouelle, about 30 miles
south of Temiscouata portage, when it was found that, from unforeseen delays i:* the
transportation of the party of J. Renwick by sea to their work, and on the river

* It has already been slated that in the survey of the portion of this line allotted to Major Graham
there were actually measured upon it, with the chain, 276 miles, and this did not constitute more
than one-half the labor and expense incident to all the duties enumerated and performed by his
division on his portion, so much did the work retjuired upon this portion of it exceed what was
estimated for the whole of it.

John Tyler 1950

SL Lawrence from one station to another, it became doubtful whether he could pass
the Temiscouata portage before the woods became impassable, his colleague con-
tinued his parties in the field until the junction was effected. In this way, while the
expenses of the division of J. Renwick have not been materially diminished, those of
the division of A. Talcott have been largely increased; but a portion of the general
work has been accomplished which might otherwise have been left incomplete.

The undersigned, in conclusion, beg leave respectfully to urge the importance of a
speedy appropriation to enable them to make up their report. A delay of any con-
tinuance will be productive of evil, either by enhancing the cost of office work or by
rendering it difficult in consequence of the dispersion of the engineers and survey-
ors by whom the field notes have been taken. Upon the completion only of such a
report will it be possible to render apparent how much of the whole task has been
accomplished and how much remains to be performed; and the Department will
then have it in its power to decide whether the part that has not been completed is
of such importance to the question at issue as to require further operations upoii it.
All which is respectfully submitted.

JAS. RENWICK,
A. TALCOTT,
J. D. GRAHAM,

Commissioners.

Hon. DANIEL WEBSTER, WASHINGTON, January 25 1 ,842.

Secretary of State.

SIR: The undersigned, commissioners appointed by the President of the United
States for the purpose of surveying and exploring the boundary line between the
States of Maine and New Hampshire and the British Provinces, beg leave, in com-
pliance with your directions, to submit an estimate for the operations of the commis-
sion for the ensuing year.

So much of your directions as regards the state of the survey and the amount
required to complete the office work preparatory to a report has already been laid
before you in their report of the 4th January, 1842, prepared in anticipation of your
orders. By reference thereto it will appear that the delineation of the meridian of the
source of St. Croix has not, in spite of every effort on the part of the commissioner
to whom it was assigned, been pursued farther than 81 miles from the monument.
Sixty-four miles, therefore, of the said meridian line remain to be surveyed before
this part of their task is completed. The other two commissioners, while they would
not have hesitated to join in a final report in case the state of the survey of the
meridian line would have permitted it, are aware that the hasty manner in which
their work was performed, in anticipation of completing the object of their appoint-
ment during the past year, leaves room for a more accurate examination of some
parts of the lines they have surveyed. Some portions, also, of the lines intrusted to
them, respectively, were not reached; and, in addition, a part of the survey which was
contemplated in their original instructions from your predecessor was not included
in their estimates for the past year, in consequence of its having only a collateral
relation to the main object.

Thus the surveys respectively undertaken by Messrs. Talcott and Graham of the
lines claimed on the part of Great Britain and by Messrs. Mudge and Featherston-
haugh, although brought near to each other, have not been united, and a part of the
highlands claimed by the United States near the source of the Rimouski was not
readied by the parties of Professor Renwick.

The height of a part of the line explored by Captain Talcott in 1840, lying at the
source of Arnolds River, was not determined for the want of a barometer.

Two or three miles in length of the line of highlands near the source of the river
Du Loup require to be reexamined.

The longitudes of Lake Megautic, Lake F.tchernin, the source of the Metjarmette,

195 T Messages and Papers of the Presidents

upon the line of Captain Talcott, and of some one point on the line of Professor Ren-
n-ick ought to be ascertained with greater precision than the time that could be
allowed during the last season would permit.

The instructions of Mr. Forsyth contemplated an exploration of the highlands
described in the proclamation of 1763 as beginning on the north shore of the Bay
of Chaleurs. The existence of a continuous elevated region from the tide of that
bay to the termination of the exploring meridian line has been ascertained in a
manner satisfactory to the commission, but the heights have not been measured on
that part of it which lies nearest to the Bay of Chaleurs.

Under these circumstances the undersigned are of opinion that as no delay in the
presentation of a final report will arise from further explorations of the parts of
the territory thus pointed out and the more accurate examination of the uncertain
matters, it would add to the confidence which may be placed in their results that a
party be employed under the direction of each of the above-named commissioners
upon the said work. For this object it is estimated —

1. That $25,000 in all, say $12,500 to be expended under the direction of each of
the two above-named commissioners, will suffice. A less sum than this will not
keep two parties in the field during the working season; a larger sum could not
advantageously be expended on this part of the work.

2. In estimating the amount necessary for completing the delineation of the me-
ridian of the source of the river St. Croix, it will be borne in mind that numerous
astronomical observations must be made in aid of the operations with the transit
instrument, in order constantly to preserve the true north direction, a condition of
the utmost consequence, not alone as affecting the extent of territory that will be
embraced by it, but more particularly because the character and position of the high-
lands alluded to in the treaty of 1783 would be exhibited in a very different light as
encountered by a line running due north, as is required by the treaty, and by one
varying even in a slight degree from that direction. This principle has already been
exhibited in a striking manner by the trace of the meridian line as far as it has now
progressed, for instead of encountering highlands in the latitude of Mars Hill hav-
ing a claim to be considered those described in the treaty as the intended boundary
between the two countries, the line as recently traced actually passes that latitude at
an elevation of less than 10 feet above the level of the monument, and the greatest
elevation encountered by this line in passing over any spur connected with Mars
Hill is 63 feet above the level of the monument. In advance of this spur the line
becomes again depressed below the level of the monument at several points before
it reaches the Aroostook.

These, however, are only a few of the many facts that might be adduced from the
surveys already made to show how important it is to the question at issue that
every necessary means to avail of the aids of science should be adopted in order to
preserve scrupulously the direction specified in the treaty while tracing this line. It
must also be remembered that in the further prosecution of this duty a wilderness
has to be traversed, totally uninhabited and totally without roads. The only means
of progressing through it and of transporting the necessary provisions and the instru-
ments indispensable to accuracy will be by means of canoes, for supplying two or
three depots at points where Grand River and the waters of the Restigouche inter-
sect the line, leaving the whole transportation along the meridian to be performed
by packmen, or men carrying burdens on their backs. That the usual avenue to give
an unimpeded view along the line must be opened through a dense forest, which in
the neighborhood of all streams crossing it will still be found to consist of that
swampy growth described in the report from the undersigned of the 4th of January
instant as requiring so much labor to cut through it.

\\jth all these circumstances in view, the following estimate for the completion
ol the survey of the meridian line and for some further surveys between that line

John Tyler 1952

and the source of the Aroostook is submitted ; and it is intended to embrace the
expense of completing both the field and the office work that will require to be
done in order to a final accomplishment of the duties.

Estimate for the meridian line.

1. Pay of 4 assistant engineers from May i, 1842, to March 31, 1843, being

304 days at $4 per day each 14,864. oo

2. Pay of 3 other assistant engineers from May i, 1842, to December 31,

1842, being 275 days, at $3 per day each 2,475. °°

3. Hire of 30 men as axmen, and for preparing, constructing, and erecting

stations and signals in advance, from June i to November 30, 1842,

being 183 days, at $ i each per day 5>49O. oo

4. Hire of 30 other men as instrument carriers, chain bearers, canoe men,

and packmen for 183 days, as above, at $i per day each 5,490. oo

5. Hire of i carpenter and 2 cooks 183 days, as above, at $1.25 per day each 686. 25

6. Subsistence of i commissioner, 7 assistant engineers, i carpenter, 2

cooks, and 60 men, as above, being in all 71 persons, while in the field,
183 days at 50 cents per day each, including transportation of provi-
sions to Grand Falls of St. John, or first depot 496. 50

7. Purchase of barometers and repairs of instruments heretofore used. . . . Soo. oo

8. Salary of commissioner 3,ooo. oo

9. Contingencies, including stationary, office rent, and fuel, and transpor-
tation of engineers and commissioner to and from the field 1,500. oo

Total required for the meridian line 30, Soi. 75

Tliat is to say, $30, 80 1. 75, making the whole amount for the work yet to be performed
in the field on all parts of the boundary and for the office work that will be consequent
from the said field work, $55,801. 75.

All which is respectfully submitted. ,Ag Rj^yjcK }

A. TALCOTT, ' i Commissioners.
J. D. GRAHAM, ]

RECAPITULATION.

1. Amount of estimate for completing the surveys yet required to be made on

the boundary, as above stated $55,8oi-75

2. Amount of estimate rendered with report of January 4, 1842, for complet-

ing maps of surveys already made, etc 10,500.00

Aggregate amount required 66,301.75

WASHINGTON, February 9, 1842.
To the House of Representatives:

In answer to a resolution of the House of Representatives of the yth
of February, 1842, in the following words —

Resolved, That the President of the United States inform this House under what
authority the commission, consisting of George Poindexter and others, for the
investigation of the concerns of the New York custom-house was raised; what were
the purposes and objects of said commission; how many persons have in any way
been connected with it, and the compensation received or to be received by each;
and the aggregate amount of every description of said commission, and out of what
fund the said expenditures have been or are to be paid —

I have to state that the authority for instituting the commission men-
tioned in said resolution is the authority vested in the President of the
United States to "take care that the laws be faithfully executed, and to
give to Congress from time to time information on the state of the
Union, and to recommend to their consideration such measures as he shall
judge necessary and expedient."

The expediency, if not the necessity, of inquiries into the transactions
of our custom-houses, especially in cases where abuses and malpractices
are alleged, must be obvious to Congress, and that investigations of this

1953 Messages and Papers of the Presidents

kind were expected to be made appears from the provision in the twenty-
first section of the act of 1799, "which enjoins collectors of the customs to
submit their books, papers, and accounts to the inspection of such persons
as shall be appointed for that purpose. ' '

The purposes and objects of the commission will be explained by the
commission itself, a copy of which, together with information on the other
subjects mentioned in the resolution, will at the proper time be laid
before Congress. JOHN

WASHINGTON, February n, 184.2.
To the Senate of the United States:

In compliance with the request of the governor of the Territory of
Iowa, I have the honor to submit the accompanying memorials* and joint
resolutions* of the council and house of representatives of that Territory
to your consideration. JOHN TYLER

WASHINGTON, February 14, 184.2.
To the House of Representatives of the United States:

In compliance with a resolution of the House of Representatives of the
3d instant, I transmit herewith a report f from the Secretary of State,
with copies of the papers requested by the resolution.

JOHN TYLER.

WASHINGTON, February 16, 184.2.
To the House of Representatives:

I transmit herewith a communication addressed to me by the Secretary
of War, in relation to certain contracts entered into by a board of medical
officers appointed for that purpose for the purchase of sites on the west-
ern waters for the erection of marine hospitals; and concurring fully in
his views of the subject, I recommend that either an appropriation of
$44,721 be made for the purpose of satisfying the claims of the individ-
uals with whom the contracts were made or that the Department of War
be authorized to reconvey to them their lands and annul the contracts.

JOHN TYLER.

WASHINGTON, February 18, 184.2.
To the Senate and House of Representatives of the United States:

I have the honor to invite the attention of Congress to the accompany-
ing letter, addressed to me by the Secretary of State. You will doubtless

*Asking an appropriation to defray the expenses growing out of the dispute between the United
States, within the Territory of Iowa, and the State of Missouri relative to the southern boundary
line, an appropriation to defray the expenses of a convention for the formation of a State con-
stitution, etc.

•(•Relating to letters written in March, 1841, by Andrew Stevenson, United States minister at the
Court of Great Britain, to Isaac Hull, commander of the United States squadron in the Mediterra«
uean, which caused a part of that squadron to return to the United States.

John Tyler 1954

perceive the importance of furnishing a uniform rule for the guidance
of the public officers in the matter referred to in the Secretary's letter.*

JOHN TYLER-
WASHINGTON, February ip, 184.2.
To the House of Representatives:

In compliance with the resolution of the House of Representatives of
the 8th instant, I have the honor to submit the accompanying communi-
cation f from the Secretary of State and the correspondence on the subject
referred to by the resolution of the House. JOHN TYLER

WASHINGTON, February 21, 184.2.
To the Senate of the United States:

I transmit to the Senate herewith a report from the Secretary of State,
with an accompanying paper,! in answer to their resolution of the iSth

instant' JOHN TYLER.

WASHINGTON, February 26, 184.2.
To the House of Representatives:

The resolution of the House of Representatives of the 2ist instant,
requesting the President of the United States to communicate to that
body, "if not incompatible with the public interest, the state of the nego-
tiation between the United States and the Government of Great Britain
in relation to the northeastern boundary of the State of Maine, and also
all correspondence on that subject between the two Governments not
hitherto communicated," has been transmitted to me. Desirous always
to lay before Congress and the public everything affecting the state of
the country to the fullest extent consistent with propriety and prudence,
I have to inform the House of Representatives that in my judgment no
communication could be made by me at this time on the subject of its
resolution without detriment or danger to the public interests.

JOHN TYLER.

WASHINGTON, February 28, 184.2.
To the House of Representatives:

I have the honor to submit copies of the correspondence § and other
documents called for by the resolution of the House of Representatives
of the 2d February.

* Relating to the mode of paying salaries, etc., of ministers and other diplomatic agents of the
United States at the several Courts of Europe.

•(•Relating to the colonial history of New York.

J Extract of a letter from the Department of State to the United States minister at Ix>ndon rela-
tive to the case of the brig Creole.

§ Relating to an act of the legislature of South Carolina providincr f«r the imprisonment of free
negrroes found on board vessels entering- any of the ports of that State, complaints of the British
Government relative to the operation of said act, etc.

1955 Messages and Papers of the Presidents

I am not informed of the existence of any official opinion of the late
Judge Johnson on the unconstitutionally of the act or acts of the State
of South Carolina upon the subject referred to in th£ resolution.

JOHN TYLER.

WASHINGTON, March 8, 184.2.
To the House of Representatives:

I feel it to be my duty to invite your attention to the accompanying
communication from the Secretary of the Treasury, in relation to the
probable demands which will be made upon the Treasury for the present
quarter. It will be seen that, without arresting the requisitions which
will be made by the War and Navy Departments for the months of
March, April, and May, there will be an unprovided-for deficit of upward
of three millions.

I can not bring myself, however, to believe that it will enter into the
view of any department of the Government to arrest works of defense
now in progress of completion or vessels under construction or prepa-
ration for sea. Having due regard to the unsettled condition of our
foreign relations and the exposed situation of our inland and maritime
frontier, I should feel myself wanting in my duty to the country if I
could hesitate in urging upon Congress all necessary appropriations for
placing it in an attitude of strength and security. Such recommenda-
tion, however, has heretofore been made in full reliance as well on Con-
gress as on the well-known patriotism of the people, their high sense
of national honor, and their determination to defend our soil from the
possibility, however remote, of a hostile invasion.

The diminution in the revenue arising from the great diminution of
duties under what is commonly called the compromise act necessarily
involves the Treasury in embarrassments, which have been for some
years palliated by the temporary expedient of issuing Treasury notes —
an expedient which, affording no permanent relief, has imposed upon
Congress from time to time the necessity of replacing the old by a new
issue. The amount outstanding on the 4th of March, 1840, varies in no
great degree from the amount which will be outstanding on the ist of
January next, while in the interim the new issues are rendered equiva-
lent to the redemption of the old, and at the end of the fiscal year leave
an augmented pressure on the finances by the accumulation of interest.

The contemplated revision of the tariff of duties may, and doubtless
will, lead in the end to a relief of the Treasury from these constantly
recurring embarrassments, but it must be obvious that time will be
necessary to realize the full anticipations of financial benefit from any
modification of the tariff laws. In the meantime I submit to Congress
the suggestions made by the Secretary, and invite its prompt and speedy

action- JOHN TYLER.

John Tyler 1956

WASHINGTON, March 8, 184.2.
To the Senate and House of Representatives:

In my message of the yth of December I suggested to Congress the
propriety, and in some degree the necessity, of making proper provisions
by law within the pale of the Constitution for the removal at their com-
mencement and at the option of the party of all such cases as might
arise in State courts involving national questions or questions touching
the faithful observance and discharge of the international obligations of
the United States from such State tribunal to the Federal judiciary. I am
urged to repeat at this time this recommendation by the receipt of intel-
ligence, upon which I can rely, that a subject of Great Britain residing
in Upper Canada has been arrested upon a charge of connection with the
expedition fitted out by the Canadian authorities by which the Caroline
was destroyed, and will in all probability be subjected to trial in the
State courts of New York. It is doubtful whether in this state of things,
should his discharge be demanded by the British Government, this Gov-
ernment is invested with any control over the subject until the case shall
have reached the court of final resort of the State of New York and been
decided in that court; and although such delay ought not, in a national
point of view to give cause of umbrage to Great Britain, yet the prompt
and instant rendering of justice to foreign nations should be placed among
our highest duties. I can not, therefore, in consideration of what prop-
erly becomes the United States, and in anticipation of any demand from
a foreign government for the discharge of one of its subjects, forego the
duty of repeating my recommendation to Congress for the immediate
adoption of some suitable legislative provision on this subject.

JOHN TYLER.

WASHINGTON, March IT, 184.2.
To the House of Representatives:

In compliance with a resolution of the House of Representatives of the
23d ultimo, I communicate to that body a report from the Secretary of
State, conveying copies of the correspondence* which contains the infor-
mation called for by said resolution. TOHN TYLFR

WASHINGTON, March 12, 184.2.
To the Senate of the United States:

I have reason to think that the rejection of Silas Reed as surveyor-
geiisi'al of Illinois and Missouri on the evening of the last day of the
session of the Senate at the last session of Congress was founded in a mis-
apprehension of facts, which, while it deprived the public of the services

* Relating to complaints of Spain and I'ortugal that the operation of the revenue act of Septem-
ber n, 1841, infringed treaty stipulations.

1957 Messages and Papers of the Presidents

of a useful officer, left him to suffer a considerable decree of injustice in
his reputation. After mature reflection upon all the circumstances of
his case, and particularly of facts which have become known since his
rejection, I have felt it my duty to submit his nomination for the same
office anew to the Senate for its advice and consent.

I therefore nominate Silas Reed to be surveyor-general of Illinois and
Missouri, in place of Joseph C. Brown, removed.-

JOHN TYLER.

To the Senate of the United States: MARCH 15, 1842.

I take the earliest moment to correct an error into which I inadvert-
ently fell in my message of the I2th instant, nominating Silas Reed to be
surveyor-general for Illinois and Missouri. In that message I represent
the nominee as being rejected by the Senate on the evening of the last
day of the last session of Congress, when upon a more accurate inquiry
I find that he was rejected on the i4th of August, 1841, and his successor
nominated on the 23d August and confirmed on the i3th September,
which was the last day of the last session of Congress, and which fact
had become identified in my memory, upon which I drew when I wrote
the message, with the fact of his rejection.

I hasten to make the correction, not deeming it, however, of much
moment in regard to the real merits of the nomination; for whether the
rejection occurred on the last or any other day of the session, if done
under a misapprehension or mistake of the facts, the Senate, I doubt not,
will take equal pleasure in correcting the error.

JOHN TYLER.

WASHINGTON, March 77, 184.2.
To the Senate of the United States:

In answer to the resolution of the Senate of the 2d ultimo, requesting
information in regard to the demarcation of the boundary line between
the United States and the Republic of Texas, I transmit a report from the
Secretary of State and the papers by which it was accompanied.

JOHN TYLER.

WASHINGTON, March 77, 1842,
To the Senate of the United Sfates:

I have the honor to submit the accompanying report and documents*
from the Postmaster-General, in compliance with the resolution of the
Senate of the i6th February . JOHN TYI ER

* Statements of (lie riuantily and cost of labor and materials for the new public buildings ia
Washington, I). C., etc.

John Tyler 1958

WASHINGTON, March 23, 184.2.
To the House of Representatives of the United States:

A resolution adopted by the House of Representatives on the i6th
instant, in the following words, viz, "Resolved, That the President of
the United States and the heads of the several Departments be requested
to communicate to the House of Representatives the names of such of
the members (if any) of the Twenty-sixth and Twenty-seventh Con-
gresses who have been applicants for office, and for what offices, distin-
guishing between those who have applied in person and those whose
applications were made by friends, whether in person or by writing,"
has been transmitted to me for my consideration.

If it were consistent with the rights and duties of the executive depart-
ment, it would afford me great pleasure to furnish in this, as in all cases
in which proper information is demanded, a ready compliance with the
wishes of the House of Representatives. But since, in my view, general
considerations of policy and propriety, as well as a proper defense of the
rights and safeguards of the executive department, require of me as the
Chief Magistrate to refuse compliance with the terms of this resolution, it
is incumbent on me to urge, for the consideration of the House of Rep-
resentatives, my reasons for declining to give the desired information.

All appointments to office made by a President become from the date
of their nomination to the Senate official acts, which are matter of rec-
ord and are at the proper time made known to the House of Representa-
tives and to the country. But applications for office, or letters respecting
appointments, or conversations held with individuals on such subjects
are not official proceedings, and can not by any means be made to par-
take of the character of official proceedings unless after the nomination
of such person so writing or conversing the President shall think proper
to lay such correspondence or such conversations before the Senate.
Applications for office are in their very nature confidential, and if the
reasons assigned for such applications or the names of the applicants
were communicated, not only would such implied confidence be wantonly
violated, but, in addition, it is quite obvious that a mass of vague, inco-
herent, and personal matter would be made public at a vast consumption
of time, money, and trouble without accomplishing or tending in any
manner to accomplish, as it appears to me, any useful object connected
with a sound and constitutional administration of the Government in any
of its branches.

But there is a consideration of a still more effective and lofty character
which is with me entirely decisive of the correctness of the view that T
have taken of this question. While I shall ever evince the greatest readi-
ness to communicate to the House of Representatives all proper infor-
mation which the House shall deem necessary to a due discharge of its
constitutional obligations and functions, yet it becomes me, in defense of
the Constitution and laws of the United States, to protect the executive

1959 Messages and Papers of the Presidents

department from all encroachment on its powers, rights, and duties. In
my judgment a compliance with the resolution which has been trans-
mitted to me would be a surrender of duties and powers which the Con-
stitution has conferred exclusively on the Executive, and therefore such
compliance can not be made by me nor by the heads of Departments by
my direction. The appointing power, so far as it is bestowed on the
President by the Constitution, is conferred without reserve or qualifi-
cation. The reason for the appointment and the responsibility of the-
appointment rest with him alone. I can not perceive anywhere in the
Constitution of the United States any right conferred on the House of
Representatives to hear the reasons which an applicant may urge for an
appointment to office under the executive department, or any duty rest-
ing upon the House of Representatives by which it may become respon-
sible for any such appointment.

Any assumption or misapprehension on the part of the House of Rep-
resentatives of its duties and powers in respect to appointments by which
it encroaches on the rights and duties of the executive department is to
the extent to which it reaches dangerous, impolitic, and unconstitutional.

For these reasons, so perfectly convincing to my mind, I beg leave
respectfully to repeat, in conclusion, that I can not comply with the
request contained in the above resolution. JOHN TYLER

WASHINGTON, March 25, 184.2.
To the Senate and House of Representatives of the United States:

Notwithstanding the urgency with which I have on more than one
occasion felt it my duty to press upon Congress the necessity of provid-
ing the Government with the means of discharging its debts and main-
taining inviolate the public faith, the increasing embarrassments of the
Treasury impose upon me the indispensable obligation of again inviting
your most serious attention to the condition of the finances. Fortunately
for myself in thus bringing this important subject to your view for a
deliberate and comprehensive examination in all its bearings, and I trust
I may add for a final adjustment of it to the common advantage of the
whole Union, I am permitted to approach it with perfect freedom and
candor. As few of the burdens for which provision is now required to
be made have been brought upon the country during my short adminis-
tration of its affairs, I have neither motive nor wish to make them a
matter of crimination against any of my predecessors. I am disposed to
regard, as I am bound to treat, them as facts which can not now be
undone, and as deeply interesting to us all, and equally imposing upon
all the most solemn duties; and the only use I would make of the errors
of the past is by a careful examination of their causes and character to
avoid if possible the repetition of them in future. The condition of
the country, indeed, is such as may well arrest the conflict of parties.

John Tyler 1960

The conviction seems at length to have made its way to the minds of all
that the disproportion between the public responsibilities and the means
provided for meeting them is no casual nor transient evil. It is, on the
contrary, one which for some years to come, notwithstanding a resort to
all reasonable retrenchments and the constant progress of the country
in population and productive power, must continue to increase under
existing laws, unless we consent to give up or impair all our defenses in
war and peace. But this is a thought which I am persuaded no patriotic
mind would for a moment entertain. Without affecting an alarm, which
I do not feel, in regard to our foreign relations, it may safely be affirmed
that they are in a state too critical and involve too many momentous
issues to permit us to neglect in the least, much less to abandon entirely,
those means of asserting oui rights without which negotiation is without
dignity and peace without security.

In the report of the Secretary of the Treasury submitted to Congress
at the commencement of the present session it is estimated that after
exhausting all the probable resources of the year there will remain a
deficit of about $14,000,000. With a view partly to a permanent sys-
tem of revenue and partly to immediate relief from actual embarrass-
ment, that officer recommended, together with a plan for establishing a
Government exchequer, some expedients of a more temporary character,
viz, the issuing of Treasury notes and the extension of the time for
which the loan authorized to be negotiated by the act of the last session
should be taken. Congress accordingly provided for an issue of Treas-
ury notes to the amount of $5,000,000, but subject to the condition that
they should not be paid away below par.

No measure connected with the last of the two objects above men-
tioned was introduced until recently into the House of Representatives.
Should the loan bill now pending before that body pass into a law for
its present amount, there would still remain a deficit of $2,500,000. It
requires no argument to show that such a condition of the Treasury is
incompatible not only with a high state of public credit, but with any-
thing approaching to efficiency in the conduct of public affairs. It must
be obvious even to the most inexperienced minds that, to say nothing of
any particular exigency, actual or imminent, there should be at all times
in the Treasury of a great nation, with a view to contingencies of ordinary
occurrence, a surplus at least equal in amount to the above deficiency.
But that deficiency, serious as it would be in itself, will, I am compelled
to say, rather be increased than diminished without the adoption of
measures adequate to correct the evil at once. The stagnation of trade
and business, in some degree incident to the derangement of the national
finances and the state of the revenue laws, holds out but little prospect of
relief, in the ordinary course of things, for sonic time to come.

Under such circumstances I am deeply impressed with the necessity
of meeting the crisis with a vigor and decision which it imperatively

1961 Messages and Papers of the Presidents

demands at the hands of all intrusted with the conduct of public affairs.
The gravity of the evil calls for a remedy proportioned to it. No slight
palliatives or occasional expedients will give the country the relief it
needs. Such measures, on the contrary, will in the end, as is now mani-
fest to all, too surely multiply its embarrassments. Relying, as I am
bound to do, on the representatives of a people rendered illustrious
among nations by having paid off its whole public debt, I shall not
shrink from the responsibility imposed upon me by the Constitution of
pointing out such measures as will in my opinion insure adequate relief.
I am the more encouraged to recommend the course which necessity
exacts by the confidence which I have in its complete success. The
resources of the country in everything that constitutes the wealth and
strength of nations are so abundant, the spirit of a most industrious,
enterprising, and intelligent people is so energetic and elastic, that the
Government will be without the shadow of excuse for its delinquency
if the difficulties which now embarrass it be not speedily and effectually
removed.

From present indications it is hardly doubtful that Congress will find
it necessary to lay additional duties on imports in order to meet the ordi-
nary current expenses of the Government. In the exercise of a sound
discrimination having reference to revenue, but at the same time neces-
sarily affording incidental protection to manufacturing industry, it seems
equally probable that duties on some articles of importation will have
to be advanced above 20 per cent. In performing this important work
of revising the tariff of duties, which in the present emergency would
seem to be indispensable, I can not too strongly recommend the cultiva^
tion of a spirit of mutual harmony and concession, to which the Govern-
ment itself owes its origin, and without the continued exercise of which
jarring and discord would universally prevail.

An additional reason for the increase of duties in some instances
beyond the rate of 20 per cent will exist in fulfilling the recommen'
dations already made, and now repeated, of making adequate appropria-
tions for the defenses of the country.

By the express provision of the act distributing the proceeds of the
sales of the public lands among the States its operation is ipso facto to
cease so soon as the rate of the duties shall exceed the limits prescribed
in the act.

In recommending the adoption of measures for distributing the pro-
ceeds of the public lands among the States at the commencement of the
last session of Congress such distribution was urged by arguments and
considerations which appeared to me then and appear to me now of
great weight, and was placed on the condition that it should not render
necessary any departure from the act of 1833. It is with sincere regret
that I now perceive the necessity of departing from that act, because I
am well aware that expectations justly entertained by some of the States

UJ

on

oJ

H
O

O

HENRY CLAY

He was a man of large natural ability, but he lacked the training of a
systematic education. He learned early to appreciate his heaven-born endow-
m.nts and to rely upon them for success in his chosen career. Of sanguine
temperament, quick perception, irresistible energy and enthusiastic di3-
position, he was well fitted to be a party advocate, and was the greatest
parliamentary leader in oxir history. He knew men well, but he had no
knowledge of books. The gaming table had for him allurements that he
could not find in the library. According to the manners of his time, he drank
to excess. His warm heart made him a multitude of friends; his impulsive
action and positive bearing raised up enemies; yet at his death he left not
an enemy behind him. He was withal a man of inflexible integrity. Strait-
ened in pecuniary circumstances during a large part of his congressional
career, he nevertheless held himself aloof from all corruption. Other
Americans have been intellectually greater, others have been more pains-
taking, others still have been greater benefactors to their country; yet no
man has been loved as the people of the United States loved Henry Clay.

RHODES.

Born in backwoods poverty in 1777, he obtained a piecemeal schooling,
studied law, was admitted to the bar in 1797, sent to the Kentucky legislature
in 1803, to the United States Senate in 1808; afterwards served in the lower
house, being elected Speaker five times; Secretary of State 1825-29 under
J. O. Adams; U. S. Senator 1831-1842; unsuccessful presidential candidate
1832 and 1844; U. S. Senator 1849 to 1852. When Calhoun and his South
Carolina nullifiers found that Jackson meant to punish treason with hanging,
it was Clay who arranged a compromise. He was the guiding spirit in all
those measures which averted civil war from 1820 to 1850.

Seethe articles entitled " Compromises of the Constitution," "Compromise
of 1833," " Compromise of 1850," " Missouri Compromise," in the Encyclo-
pedic Index.

John Tyler 1962

will be disappointed by any occasion which shall withhold from them
the proceeds of the lauds. But the condition was plainly expressed in the
message and was inserted in terms equally plain in the law itself, and
amidst the embarrassments which surround the country on all sides
and beset both the General and the State Governments it appears to me
that the object first and highest in importance is to establish the credit
of this Government and to place it on durable foundations, and thus
afford the most effectual support to the credit of the States, equal at
least to what it would receive from a direct distribution of the proceeds
of the sales of the public lands.

When the distribution law was passed there was reason to anticipate
that there soon would be a real surplus to distribute. On that assump-
tion it was in my opinion a wise, a just, and a beneficent measure. But to
continue it in force while there is no such surplus to distribute and when
it is manifestly necessary not only to increase the duties, but at the same
time to borrow money in order to liquidate the public debt and disem-
barrass the public Treasury, would cause it to be regarded as an unwise
alienation of the best security of the public creditor, which would with
difficulty be excused and could not be justified.

Causes of no ordinary character have recently depressed American
credit in the stock market of the world to a degree quite unprecedented.
I need scarcely mention the condition of the banking institutions of some
of the States, the vast amount of foreign debt contracted during a period
of wild speculation by corporations and individuals, and, above all, the
doctrine of repudiation of contracts solemnly entered into by States,
which, although as yet applied only under circumstances of a peculiar
character and generally rebuked with severity by the moral sense of the
community, is yet so very licentious and, in a Government depending
wholly on opinion, so very alarming that the impression made by it to
our disadvantage as a people is anything but surprising. Under such
circumstances it is imperatively due from us to the people whom we rep-
resent that when we go into the money market to contract a loan we
should tender such securities as to cause the money lender, as well at
home as abroad, to feel that the most propitious opportunity is afforded
him of investing profitably and judiciously his capital. A government
which has paid off the debts of two wars, waged with the most powerful
nation of modern times, should not be brought to the necessity of chaf-
fering for terms in the money market. Under such circumstances as I
have adverted to our object should be to produce with the capitalist a
feeling of entire confidence, by a tender of that sort of security which
in all times past has been esteemed sufficient, and which for the small
amount of our proposed indebtedness will unhesitatingly be regarded as
amply adequate. While a pledge of all the revenues amounts to no
more than is implied in every instance when the Government contracts
a debt, and although it ought in ordinary circumstances to be entirely

1963 Messages and Papers of the Presidents

satisfactory, yet in times like these the capitalist would feel better satis-
fied with the pledge of a specific fund, ample in magnitude to the pay-
ment of his interest and ultimate reimbursement of his principal. Such
is the character of the land fund. The most vigilant money dealer will
readily perceive that not only will his interest be secure on such a pledge,
but that a debt of $18,000,000 or $20,000,000 would by the surplus of
sales over and above the payment of the interest be extinguished within
any reasonable time fixed for its redemption. To relieve the Treas-
ury from its embarrassments and to aid in meeting its requisitions until
time is allowed for any new tariff of duties to become available, it would
seem to be necessary to fund a debt approaching to $15,000,000; and in
order to place the negotiation of the loan beyond a reasonable doubt I
submit to Congress whether the proceeds of the sales of the public lands
should not be pledged for the payment of the interest, and the Secretary
of the Treasury be authorized out of the surplus of the proceeds of such
sales to purchase the stock, when it can be procured on such terms as
will render it beneficial in that way, to extinguish the debt and prevent
the accumulation of such surplus while its distribution is suspended.

No one can doubt that were the Federal Treasury now as prosperous
as it was ten years ago and its fiscal operations conducted by an efficient
agency of its own, coextensive with the Union, the embarrassments of
the States and corporations in them would produce, even if they contin-
ued as they are (were that possible), effects far less disastrous than those
now experienced. It is the disorder here, at the heart and center of the
system, that paralyzes and deranges every part of it. Who does not
know the permanent importance, not to the Federal Government alone,
but to every State and ever}'' individual within its jurisdiction, even in
their most independent and isolated individual pursuits, of the preser-
vation of a sound state of public opinion and a judicious administration
here? The sympathy is instantaneous and universal. To attempt to
remedy the evil of the deranged credit and currency of the States while
the disease is allowed to rage in the vitals of this Government would be
a hopeless undertaking.

It is the full conviction of this truth which emboldens me most ear-
nestly to recommend to your early and serious consideration the measures
now submitted to your better judgment, as well as those to which your
attention has been already invited. The first great want of the country,
that without answering which all attempts at bettering the present condi-
tion of things will prove fruitless, is a complete restoration of the credit
and finances of the Federal Government. The source and foundation
of all credit is in the confidence which the Government inspires, and just
in proportion as that confidence shall be shaken or diminished will be
the distrust among all classes of the community and the derangement
and demoralization in every branch of business and all the interests of
the country. Keep up the standard of good faith and punctuality in the

John Tyler 1964

operations of the General Government, and all partial irregularities and
disorders will be rectified by the influence of its example; but s??ffrr that
standard to be debased or disturbed, and it is impossible to foresee to what
a degree of degradation and confusion all financial interests, public and
private, may sink. In such a country as this the representatives of the
people have only to will it, and the public credit will be as high as it
ever was.

My own views of the measures calculated to effect this great and desir-
able object I have thus frankly expressed to Congress under circumstances
which give to the entire subject a peculiar and solemn interest. The
Executive can do no more. If the credit of the country be exposed
to question, if the public defenses be broken down or weakened, if the
whole administration of public affairs be embarrassed for want of the nec-
essary means for conducting them with vigor and effect, I trust that this
department of the Government will be found to have done all that was
in its power to avert such evils, and will be acquitted of all just blame
on account of them.

JQHN

WASHINGTON, March 25, 1842.
To the Senate of the United States:

I have the honor herewith to submit a report * from the Secretary of
the Navy, in compliance with your resolution of the i8th February, 1842.

JOHN TYLER.

WASHINGTON, March jo, 184.2.
To the House of Representatives of the United States:

I transmit to the House of Representatives two extracts from a note of
the charge d'affaires of the Republic of Texas accredited to this Gov-
ernment to the Department of State, one suggesting in behalf of his
Government such modifications of the existing laws of the United States
as will impart greater facility to the trade between the two countries,
particularly to that which passes across their frontier, and the other
expressing a desire for some regulation on the part of this Government
by means of which the communication by post between the United States
and Texas may be improved.

As the wishes of the Texan Government in relation to those subjects
can only be gratified by means of laws to be passed by Congress, they
are accordingly referred to the consideration of the two Houses.

JOHN TYLER.
[The same message was sent to the Senate.]

* Transmitting list of agents, etc., employed by the Navy Department without express authority
of law, etc.

64

1965 Messages and Papers of the Presidents

To the Senate: WASHINGTON, April r, 18*2.

In part compliance with a resolution of the Senate of the 2oth of July,
[841, I transmit herewith a report* from the Department of War.

JOHN TYLER.

WASHINGTON, April i, 184.2.
To the House of Representatives of the United States:

In compliance with your resolution of the 2ist of March, I have the
honor to submit the accompanying communication f from the Secretary
of the Navy. JOHN TYLER.

WASHINGTON, April 4., 184.2.
To the House of Representatives of the United States.-

In part compliance with a resolution of the House of Representatives
of the 2ist March, 1842, I herewith communicate a report J from the
Secretary of State. JQHN

WASHINGTON, April 7, 184.2.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives copies of a letter
addressed to the Secretary of State by the chairman of the board of com-
missioners appointed to explore and survey the boundary line between
the States of Maine and New Hampshire and the adjoining British Prov-
inces, together with the report of the operations of that commission to
the 3ist ultimo, and a profile of the meridian line from the source of the
St. Croix River as far as surveyed, illustrative of the report.

JOHN TYLER.
[The same message was sent to the Senate.]

DEPARTMENT OF STATE,
Hon. DANIEI, WEBSTER, Washington, March j/, 1842.

Secretary of State.

SIR: By directions of the board of commissioners for exploring and surveying the
northeastern boundary, I have handed you the papers hereinafter specified, viz:

1. The report of the operations of the commission up to the present date.

2. A profile of the meridian line of the source of the St. Croix as far as surveyed,.
intended to illustrate the report.

3. A portfolio of drawings intended for the same purpose.

* Transmitting list of removals from and appointments to office in the Department of War
from March 4, 1829, to September 30, 1841.

t Relating to appointments to office in the Navy and Marine Corps since April 4, 1841.

J Transmitting list of appointments by the President or Secretary of State since April 4, 1841.

John Tylef 1966

4. A roll marked Appendix No. i, containing the narrative of the field operations
of the division of Professor Renwick.

5. A tin case containing the detail of the surveys of the division of Professor
Renwick.

In reply to your inquiry in relation to the disposition of the said papers, I ara
directed respectfully to suggest that all which it is absolutely necessary to lay before
Congress are the items i and 2, which, with a general map now in preparation, will
contain all that will be of any general public interest.

The portfolio (No. 3) and the box of maps and profiles (No. 5) should remain oil
file in the Department ; and while a part of the drawings in the former may be use-
ful for illustration, the latter will be superseded by the general map, in which will
be embodied all that they contain of importance to the question at issue.

Appendix No. I, specified as No. 4 in the above list, will probably be demanded
hereafter to give authenticity to the conclusions of the report (No. i). It ought
not, however, to be communicated until the Appendices Nos. 2 and 3, containing the
operations of the divisions of Messrs. Graham and Talcott, are handed in; and of
the three no more than a limited number of copies will be useful.

I have the honor to be, with much respect, your most obedient servant,

JAS. RENWICK,

Chairman.

Report of the commissioners appointed by the President of the United States for th\t
purpose of surveying and exploring the boundary line between the States of Maine
and New Hampshire and the British Provinces.

WASHINGTON, March 28, 1842.
Hon. DANIEL WEBSTER,

Secretary of State.

SIR : The duties assigned to the undersigned by the instructions of your prede-
cessor were twofold:

First. To explore and survey the lines respectively claimed by the Governments
of the United States and Great Britain.

Second. To examine and report upon the arguments contained in the report of
Messrs. Featherstonhaugh and Mudge addressed to the secretary of state of Her
Britannic Majesty for foreign affairs under date of i6lh April, 1840.

I.

In order to the more exact and successful performance of the duties included
under the first of the above heads, the boundary line was divided by their instructions
into three separate portions, one of which was assigned to each of the commissioners;
and while they were instructed to assemble in a board for the purpose of comparing
their respective surveys, in view of the performance of the duties included in the
second of the above divisions their explorations have been separately conducted.
Each of the commissioners has employed the methods and course of action most
appropriate in his opinion to the successful fulfillment of his appointed task, and
• the nature of the surveys assigned to one of them has been of a character widely dif-
ferent from those of his colleagues. The commissioners, therefore, while uniting in
a general report of the progress made up to this time in the duties of their appoint-
ment, beg leave to submit, in the form of appendices, the narrative of their several
operations, with so much of the records of their observations and calculations as
they have severally judged necessary to authenticate the conclusions at which they
have arrived.

1967 Messages and Papers of the Presidents

The progress which has been made in the labors of the commissioners enables them
at this time to lay before you —

1. A description of the physical features of the disputed territory.

2. A comparison of the heights of the line claimed by the United States with
those of the line styled the "axis of maximum elevation" by Messrs. Featherston-
haugh and Mudge. In laying the latter before you they have, in order to avoid
delay, made use in part of the published results obtained by those gentlemen, and
although thej' have already detected errors in their inferences they do not consider
that by accepting them for the moment as the basis of comparison they can be
accused of exhibiting the line claimed by Great Britain in an unfavorable light.

i. — DESCRIPTION OF THE DISPUTED TERRITORY.

The seacoast of the State of Maine is rugged and hilly. The primitive rocks of
which its geological structure is chiefly composed are broken into ridges which run
parallel to the great streams, and therefore in a direction from north to south. These
ridges terminate in an irregular line, which to the east of the Penobscot may be
identified nearly with the military road to Houlton. From the northern summit
of these ridges an extensive view of the disputed territory can in many places be
obtained. This is the case at the military post at Houlton, whence a wide extent of
country may be seen. A still more perfect view may be obtained from the summit-
of Parks Hill, at a point about 400 yards south of the road from Houlton to Wood-
stock and about half a mile east of the exploring meridian line. At the time when
that line was run by the British and American surveyors, under the fifth article of the
treaty of Ghent, the top of this hill was covered with wood, and they were obliged
to content themselves with the view from Park's barn, which is at least 200 feet
beneath the summit. At the present moment the latter is cleared, and the view from
west-southwest to northeast is unimpeded except by a single clump of trees, which
cuts off the view for a few degrees in the northwest direction; but by a change of
position every part of the horizon between these points is to be seen. Toward the
west are seen ridges parallel to the Penobscot, over which Katahdin towers to a great
height, bearing by compass N. 85° \V. In a direction N. 75° \V. are seen two dis-
tant peaks, one of which was identified as the Traveller. All of these eminences
lie south of the line claimed by Great Britain. In the north-northwest direction
there appear two ridges of comparatively small elevation, which were pointed out
as the Aroostook Mountains, but have since been ascertained to lie near the sources
of the Meduxnikeag. These lie in the line claimed by Great Britain in 1817.

Between these and the other mountains there is evidently no connection, and the
rest of the country, as seen from the hill, bears the aspect of a wooded plain. It
will be sufficient to refer to this view to be satisfied that all the impressions which
have been circulated of a continuous chain of elevations extending along the line
claimed by Great Britain are utterly fallacious.

Toward the north the country exhibits the same general features. One vast and
apparently unbroken plain extends to the utmost limits of the visible horizon. In
the midst of this, and at a distance of nearly 30 miles, Mars Hill alone breaks the
monotonous prospect, and from its isolated position assumes to the eye an impor-
tance to which its altitude of less than 1,800 feet would not otherwise entitle it. No
othe1 eminences are to be seen in this direction, except a round peak bearing a few
degrees west of north and some distant ridges about an equal distance to the east.
The first of these has been ascertained by the surveys of Major Graham to be an
isolated hill near the peak known as Quaquajo. The eastern ridges are probably
those measured between the Tobique and the Bay of Chaleurs by the British com-
missioners. A sketch of this view from I 'arks Hill is annexed to the report, and
lest any doubt he entertained of its accuracy it is proper to state that the unassisted

John Tyler 1968

vision was not relied upon, but that the outlines were carefully delineated by means
of the camera lucida.

From this view it might be inferred that the northern part of the admitted posses-
sions of the United States to the east of the Penobscot and the disputed territory as
far as visible constitute a vast table-land slightly inclined toward the southeast.

On descending into the valley of the St. John the appearances change. The table-
land is cut to a great depth by that stream, and from its bed the broken edges of the
great plain look like ridges whose height is exaggerated to the senses in conse-
quence of their being densely clothed with wood. The same is the case with all the
branches of this river, which also cut the table-laud to greater or less depths accord-
ing to their distance from the stream into which they discharge themselves.

The want of a true highland or mountainous character in this region is obvi-
ous from the aspect it presents in the two different points of view. Mountainous
regions are most imposing when seen from a distance and from heights. On a nearer
approach, and from the valleys which intersect them, the elevations, so important in
the distant view, are hidden by their own slopes or lose the appearance of relative
elevation in consequence of the absolute heights of the valleys themselves. In con-
formity with this character, the line claimed by the United States for the most part
presents, when seen at a distance, the appearance of lofty and deeply serrated ridges,
while to one who traverses it it is a labyrinth of lakes, morasses, and short but steep
elevations which hide its peaks from the valleys and streams.

The line claimed by Great Britain, on the other hand, when seen from a distance is
as level as the surface of the ocean, with no greater appearance of elevation and depres-
sion than would represent its billows; while, seen from its own valleys, the heights
assume an importance which their elevation above the valleys when actually meas-
ured does not warrant. The characteristics of the region through which the line of
Messrs. Mudge and Featherstonhaugh passes are therefore the opposite of those
usually remarked in highland countries, while those of the line claimed by the
United States are the same as are always observed in such regions.

This character of a table-land deeply cut by streams is well exhibited in the section
of their "axis of maximum elevation" by the British commissioners. In that will
be seen the mountains near the source of the Aroostook, Alleguash, and Penobscot on
the one hand, and of the Tobique on the other, while the intervening space is occu-
pied by a curve resembling an inverted arch, of which the St. John occupies the
keystone. In a country of this character any line whatever would present the appear-
ance of a succession of eminences, and might by as liberal a construction of the term
as has been made by Messrs. Mudge and Featherstonhaugh be called highlands.

The sameness of this general character is broken only by a single chain of hills.*
This is a prolongation of Mars Hill toward the north, and, being both of less height
and breadth than that mountain, is hidden by it from the view of a spectator on
Parks Hill. Mars Hill is itself an isolated eminence, and is in fact nearly an island,
for the Presque Isle and Gissiguit rivers, running the one to the north and the other
to the south of it, have branches which take their rise in the sauia swamp on its north-
western side. To the north of the Des Chutes the ground again rises, and although
cut by several streams, and particularly by the Aroostook, the chain is prolonged
by isolated eminences as far as the White Rapids, below the Grand Falls of the St.
John, where it crosses that river. It may thence be traced in a northern direction
to the Sugar Loaf Mountain, on the Wagansis portage, where it terminates.

To this broken chain belongs the elevation of 918 feet given by Messrs. Mudge
and Featherstonhaugh to an eminence in the neighborhood of the Aroostook Falls.
An accurate profile of so many of these eminences as fall in the line of the connected
meridian is herewith submitted. This chain of eminences is not prolonged to the
westward, as it is entirely unconnected with any other height aspiring to the name
of moimtain in that direction.

* A chaiu is made up of mountains whose bases touch each other. — HALFI.

1969 Messages and Papers of the Presidents

It is not in any sense a dividing ridge, being cut by all the streams in the country,
and in particular to a great depth by the St. John and the Aroostook.

A section of this line was given in a report to the British commissioner under the
fifth article of the treaty of Ghent by Colonel Bouchette, the surveyor-general ot
the Province of Canada. His heights were determined by the barometer, and esti-
mated from the assumed level of the monument at the source of the St. Croix.

It would now appear that the section of Colonel Bouchette is very inaccurate, and
that the heights as reported by him are not only much beyond the truth, but that
the continually ascending slope ascribed by him to the country from the monument,
at the source of the St. Croix to the point where the due north line crosses the St.
John is entirely erroneous. He, however, adroitly availed himself of this inaccurate
section to attempt to prove the existence of a continuous chain of mountains from
Katahdin to the Great Falls of the St. John, and thence around the southwestern
branches of the Restigouche until it met the heights rising from the north shore
of the Bay of Chaleurs. For this reason his view taken from Park's barn and that
made by Mr. Odell from the same point were urged for admission as evidence on
oath by the British agent, and the map of Mr. Johnson, which contradicted this
evidence, was carefully excluded. It can not be concealed that could Colonel Bou-
chette's idea founded on erroneous premises have been established by indisputable
facts it would have been the most fatal argument that has ever been adduced against
the American claim, for he would have argued that the meridian line of the St.
Croix would at Mars Hill have first intersected highlands which, rising from the
north shore of the Bay of Chaleurs, would have appeared to divide until within a few
miles of the Grand Falls of the St. John waters which fall into the St. Lawrence
from those which fall into the Atlantic, and would have been the south boundary ot
the Province of Quebec.

Mars Hill would then have appeared to be in truth as well as in claim the north-
west angle of the Province of Nova Scotia; and although the rest of the line would
not have fulfilled the conditions the United States might by an arbitrator have been
compelled to accept this point as the beginning of their boundary. Nor, in the unex-
plored state of the country, is it by any means certain that the American agent, who
does not seem to have seen the drift of the proceedings of Colonel Bouchette, would
have been prepared with the adverse facts, which are now known to be undeniable.
It may therefore be considered fortunate for the claim of the United States that the
survey was afterwards intrusted to a surveyor who, in pursuit of the double object of
encroachment on the United States and the enlargement of his native Province at
the expense of Canada, signally failed in the proof of either of his positions.

The knowledge now acquired shows that the idea of Colonel Bouchette is unsup-
ported by the facts of the case, for the highlands which rise from the north shore of
the Bay of Chaleurs do not meet those in which the most southerly branch of the
Restigouche takes its rise.

The British commissioners, although they give a profile of this ridge, do not pre-
tend to have examined it except at Mars Hill, near the Aroostook, and at the Grand
Falls of the St. John. It must be remarked that these profiles (the original one of
Colonel Bouchette and that exhibited by themselves) are contrasted — one British
authority with another — for the purpose of invalidating the ground on which the
American claim is founded.

It is not our business to reconcile these conflicting authorities, but it is our duty
to recall the recollections of the fact that no part of the American argument laid
before the King of the Netherlands was founded on this or any other estimate of
heights. Many elevations, indeed, were measured with great pains on the part of
the Americans as well as of Great Britain.

On behalf of the United States Captain Partridge made many barometric observa-
tions, while Mr. Johnson took an extensive series of vertical and horizontal angles.

John Tyler 1970

His operations were performed in the presence of Mr. Odell, the surveyor on behalf
of Great Britain, who doubtless made similar ones, as he visited the same stations
with a better instrument and for the same avowed purpose. Mr. Odell's observations
were not presented by the British agent, and those of Mr. Johnson were objected to.
If received, they would have set aside the pretensions that a continuous ridge of
mountains existed between the Metjarmette portage and Mars Hill. They are, how-
ever, superseded by the operations of the undersigned, which have yielded satisfac-
tory evidence that no chain of highlands in the sense of the British commissioners,
or even an "axis of maximum elevation," exists where it is laid down on their map.
Nor can it be doubted that the operations of Mr. Johnson had a decided advantage
in point of probable accuracy over theirs. The exploring meridian line used as a
base was measured with a tolerable degree of accuracy, and from the three heights
chosen by him the whole country is visible.

On the other hand, the course of Messrs. Mudge and Featherstonhaugh being con-
fined, except where they ascended Mars Hill, to the valleys of the streams, they were
for the most part excluded from a prospect. In describing the view from Mars Hill,
however, they have pictured in most accurate terms the true features of the country:

" The character of the country may be well discerned and understood from this
insulated hill. It presents to the eye one mass of dark and gloomy forest to the
utmost limits of sight, covering by its umbrageous mantle the principal rivers, minor
streams, and scanty vestiges of the habitation of man."

This description can only agree with that of a vast table-land into which the
streams cut so deep and form such narrow valleys as to be invisible.

But if a chain of highlands, or even an " axis of maximum elevation," had existed
as they lay it down, within 20 miles, it would have been visible, and it need not be said
that they would not have failed to describe it. The inconsistency between their map
and this true and forcible description of the features of the country is apparent.

The same general character of table-land is found to the north of the St. John
above the Grand Falls. Its first important northern tributary is the Grand River.
In ascending this stream the level of the table-land is soon reached. The river runs
between banks of very moderate elevation and on a regular slope, and although run-
ning with great rapidity upon a pebbly bed it is yet so tortuous that while its distance
from its mouth to the Wagansis portage in a straight line is no more than 13 miles
the meanders of its channel amount to 30.

On the Wagansis portage the table-land is terminated by a ridge whose summit is
elevated 264 feet above the wagansis* of Grand River. It was at first believed that
this, although of small elevation, was a dividing ridge, and that it might correspond
to one construction which has, although inaccurately, been put on the treaty of 1783.
This belief was speedily removed, for the rivulet on its northern side was found to
be cut off from the Restigouche by the Sugar Loaf Mountain, and is therefore a
branch either of the Grand River or of the stream which falls into the St. John imme-
diately above the Grand Falls. The height of land which divides this rivulet from
the wagan of the Restigouche is not elevated above the former more than 117 feet.
There is, in fact, at this place a gap 5 or 6 miles in breadth in the great system
of mountains which extend from the Gulf of St. Lawrence at the Bay des Chaleurs
to the river St. Lawrence near the Temiscouata portage. At the northern verge of
the table-land which has been described, and near the mouth of Green River, rises
to the height of about 1,600 feet a mountain known from the name of that stream.
This is, like Mars Hill, isolated, and affords an extensive view. To the north and
west the prospect is bounded by a continuous line of horizon, which, instead of being

* Wagan is a term in the Abenaki language signifying way. Sis is a diminutive particle. Wagan-
sis is therefore the little way; and it seems probable that the name of Grand River, the usual
epithet for the St. John, Has been improperly applied to the small stream which bears it on the
map.

IQ71 Messages and Papers of the Presidents

obviously below the level of the eye, as in the view of 'the disputed territory from
Mars Hill, is evidently of even greater height than the Green River Mountain itself.

On entering into this region from the south by any of the navigable streams which
traverse it, it presents a more decidedly mountainous character than the country to
the south. The Grande Fourche of Restigouche is bordered by two continuous
chains of mountains, rising when it first issues from them to the height of a thou-
sand feet above its surface. The stream having a rapid fall, the relative elevation
becomes less until, in the neighborhood of the lake in which its north branch first
collects its waters, the relative elevation is not more than four or five hundred feet.

On traversing this elevated country it presents a different aspect from what is
seen either from a distance or where it is entered from the rivers. Frequent ridges
are crossed; the tops of these are often occupied by swamps filled with a thick
growth of cedars. Deep and small basins occur, which are occupied by lakes that
give rise to rivers flowing to the St. Lawrence or to the St. John. These are inter-
mingled with thickets of dwarf spruce, and the streams are sometimes bordered by
marshes covered by low alders, and sometimes cut deep into rocky channels. In this
apparent labyrinth one positive circumstance marks the line of division, or the true
height of land: The streams which run to the St. John are all of the first descrip-
tion— sluggish — while those which discharge themselves into the St. Lawrence are
rapid, and have the character of torrents.

On the western side of the disputed territory are ridges of rocky hills running
nearly north and south, and thus tending toward the St. Lawrence, which they in
some places reach and shut out the view of the interior.

It thus becomes difficult to find a station whence the heights of land can be viewed
and its character exhibited. It has therefore been hitherto possible for those who
have argued in support of the claims of Great Britain to represent without meet-
ing with contradiction that the streams which fall into the St. John had their rise in
a country possessed of none of that mountainous character which they urged was
essential to the epithet of highlands. There are, however, points where a different
character is apparent, and some of these are easy of access. Thus, on the main mail
road, along the Southeast Branch of the St. Lawrence a mile northeast of the church
of L'lslette, a rocky eminence is passed, whence may be seen a bold group of inouii'
tains which have been identified with the sources of the Ouelle, the Kamouraska
and Black rivers. A view of this group is herewith presented.

From the height to the east of river Du Loup a view may be seen on a clear day
extending round 137° of the horizon, beginning with the highlands of Bic, bearing
N. 58° E., and terminating in a conical mountain bearing S. 15° W.

The nearest and more conspicuous of these highlands (named those of St. Andre)
are on the river Fourche, a branch of the river Du Loup, whose waters they divide
from those of the St. Francis. A view of these is also submitted herewith.

A similar view of the same panorama of highlands is obtained from Hare Island,
in the St. Lp.wrence, an outline of which, taken with the camera lucida, is like-
wise submitted. About a quarter of a mile to the south of the point where the
Temiscouata portage crosses Mount Biort the highlands may be seen at the head of
Rimouski, bearing nearly east, thence extending round by the north to the moun-
tains of St. Andre, bearing nearly west, forming about one-half of the entire horizon.
The entire panorama from the latter point, taken with the camera lucida, along with
copies of some daguerreotypes made at the same place, are herewith submitted. Of
tlie part of the line \vhich extends to the northeast from the source of the Etchemin
for a distance of many miles, a view may !.".• almost constantly seen from the citadel
of Ouebec and from the tops of the houses in that city. One still more satisfactory
mav be obtained from the road between Quebec and the Falls of Montmorency,
in the neighl>orhood of the village of Belport. The latter views are in particular
referred to. as they are within the reach of numerous civil and military officers of

John Tyle* 1972

the British Government, who must assent to the evidence of their own senses, which
will prove that this region, the position of the path pursued during the present yeai
by Captain Talcott's parties, is to all intents a range of highlands.

The boundary presents from these positions the aspect of a continuous and deeply
serrated ridge.

The geological character of the country can not be admitted as having any bearing
upon the subject under consideration. It never entered into the views of the framers
of the treaty of 1783, and therefore could afford no illustrations of their intentions.

Were it admissible, however, it might be cited as an additional argument that the
dividing height which incloses the waters of the Connecticut continues unchanged
in its features until it is cut off by the deep channel of the St. Lawrence.

Opportunities for observations of this character were most frequent on the Tem-
iscouata portage and on the banks of the St. Lawrence itself. It was only on the
former place that the relative geological heights of the rocks could be observed by
means of their outcrop.

The whole of the portage passes over stratified rocks dipping rapidly to the south-
east. They were found to be alternate groups of common and talcose slate and of a
rock made up principally of angular fragments of white quartz (grauwacke). These
are in all respects identical with rocks which have been observed by one of the com-
missioners in place in Berkshire County, Mass., and in Columbia and Rensselaer
counties, N. Y., and the description of geologists at various intervening points, as
well as the observations of Captain Talcott's parties, would tend to establish the fact
that the formations are continuous.

From these data it would appear probable that the rocks are a prolongation of the
western slope of the great range called by Mr. Featherstonhaugh, in liis report as
United States geologist, the Atlantic ridge. This formation, which is but a few
miles in width where it crosses the Hudson, appears gradually to widen as it pro-
ceeds to the north, and was on the St. Lawrence found to prevail both at the river
Du Loup and at Grand Metis, dipping in the two places in opposite directions and
covered in the interval by the thick diluvial deposits which form the valley of the
Trois Pistoles. To render the analogy more complete, in the valley of the outlet of
the Little Lake (Tetniscouata) was found a vein of metalliferous quartz charged with
peroxide of iron, evidently arising from the decomposition of pyrites, being in fact
the same as the matrix of the gold which has been traced in the talcose slate forma-
tion from Georgia to Vermont; and on the western shore of the Temiscouata Lake,
about a mile to the south of Fort Ingall, lie great masses of granular carbonate of
lime, identically resembling the white marbles of Pennsylvania, Westchester County,
N. Y., and Berkshire County, Mass.

If the latter be in place, which, although probable, was not ascertained beyond all
question, the primitive carbonate of lime has exactly the same relation to the slaty
rocks which it bears in the latter locality.

The formations which have been spoken of appear to occupy the whole extent of
the country explored by the parties of Professor Renwick. Everywhere the streams
were found cutting through rocks of slate. On the summits of many of the hills
were found weathered masses of angular quartz rocks, showing that while the slate
had yielded to the action of the elements, the harder and less friable rock had kept
its place. The ridges which intervene between the St. Lawrence at the river Du
Loup and Lake Temiscouata have the character, so well described by F.lie de Beau-
mont, of mountains elevated by some internal force.

To the eastward of Lake Temiscouata, on the other hand, the country has the aspect
of having once been a table-land, elevated on the average about 1,700 feet above the
level of the sea, and of having been washed by some mighty flood, which, wearing
away the softer rocks, had cut it into valleys, forming a complex system incapable
of being described iu words and only to be understood by inspection of a map.

1973 Messages and Papers of the Presidents

2. — COMPARISON OF THE ELEVATIONS OF THE BOUNDARY LINE CLAIMED B?
THE UNITED STATES WITH THOSE OF THE " Axis OF MAXIMUM ELEVA-
TION" OF MESSRS. FEATHERSTONHAUGH AND MUDGE.

For the purpose of exhibiting the relative claims of the two lines to the exclusive
epithet of " the highlands " in the most clear and definite manner, each of them will
be considered as divided into three portions, which will be contrasted with each
other by pairs. The first portion of each of the lines is that which lies nearest to
the point of bifurcation ; the residue of the American line is divided at the source
of the Ouelle ; the remainder of the line of Messrs. Featherstonhaugh and Mudge
at that of the Aroostook. Metjarmette portage is taken as the point of bifurcation,
whence waters run to the Penobscot, the St. John, and the St. Lawrence.

On the American line from the Metjarmette portage to Lake Etchemin — Feet.

The maximum height is 1,718

The minimum height is 1,218

The minimum measured height is that of Lake Etchemin, which is lower than
the actual source of that stream, and whose omission as not upon the dividing ridge
would make the minimum greater. This height was determined by the parties of
A. Talcott, esq., by two distinct and separate sets of observations, one of which
was continued hourly for several days ; and no doubt can exist that it is as accurate
a measure as the barometer is capable of affording. In the report of Messrs. Feath-
erstonhaugh and Mudge this height is set down as no more than 957 feet, but it is
determined from a single observation. That it is erroneous must be considered as
demonstrated. In the map presented by those gentlemen they have made use of
this erroneous determination for a purpose which, even were it correct, would not
be warranted, for they on its authority leave out all the symbols by which heights
are represented, and substitute therefor a dotted line with the inscription "Fictitious
hills of Mr. Burnham's map." The actual character of this part of the American
line is an undulating country.

On the line of Messrs. Featherstonhaugh and Mudge between the Metjarmette

portage and the Cocumgamoc Mountains — • Feet.

The maximum elevation is 2,302

The minimum elevation is 987

This part of the line of Messrs. Featherstonhaugh and Mudge derives its apparent
advantage from the fact that it crosses the summit and occupies the eastern slope of
the highlands claimed by the United States. Notwithstanding this, the difference
in their elevation is not such as to give it any decided superiority in its highland
character.

On the American line from Lake Etchemin to the river Ouelle— Feet.

The maximum height is 2,854

The minimum height is 1,306

On the line of Messrs. Featherstonhaugh and Mudge from the Cocumgamoc
Mountains to the head waters of the Aroostook —

The maximum height is 1,268

The minimum height is 880

On the parts of the line thus contrasted the maximum height of that claimed by
Great Britain is less elevated than the lowest gap of that claimed by the United
States.

On the third portion of the American line :

From the head of the Ouelle to the Temiscouata portage — Feet.

The maximum height is 2,231

The minimum height is 853

From the point where the line first crosses the Temiscouata portage to Mount
Paradis —

The maximum height is 1,983

The minimum height is 906

John Tyler J974

On the third portion of the American Hne (continued):

From the Teiniscouata portage to the head of the Ahagusquash— Feet.

The maximum height is 1,510

The minimum height is 676

From Abagusquash to the Rimouski Lake —

The maximum height is 1,824

The minimum height is 651

From the Rimouski I^ake to the northwest angle —

The maximum height is i, 841

The minimum height is i, 014

The greatest elevation of the whole of the third part of the American line,

therefore, is 2, 231

The minimum is 651

The termination of the exploring meridian line falls into this part of the American
line. Its height of 1,519 feet was determined by two separate observations, compared
with others taken on Lake Johnson. The height of the latter was calculated at i ,007
feet from a series of observations continued for seventeen days, and is believed to be
^s accurate as the method of the barometer is susceptible of.

This height of the termination of that line is estimated by Messrs. Featherston-
haugh and Mudge at no more than 388 feet, and that of the lake at no more than
363. In this estimate they reject the indications of their own barometers, because
the results of them would have contradicted the previous impressions which seem to
have governed all their operations, viz, that the point claimed by the United States
as the northwest angle of Nova Scotia is not in an elevated region of country.*

On the third part of the British line from the sources of the Aroostook to the
Grand Falls of the St. John no height is reported as measured by the British com-
missioners which exceeds 1,050 feet, while the greatest height on their profile is 1,150
feet. The minimum height on their profile, excluding the Aroostook at its mouth
and its intersection with the meridian line, is 243 feet, and the mean of the numbers
entered by them both on their map and profile is 665 feet.

It will therefore appear that if the profile of Messrs. Featherstonhaugh and Mudge
be correct the lowest gap on the third part of the American line is about as high as
the mean elevation of the part of the British line with which it is compared.

The line claimed by the United States therefore possesses throughout in a pre-
eminent degree the highland character according to the sense at one time contended
for in the argument of Great Britain, and is, to use the term of the British commis-
sioners, "the axis of maximum elevation," the mean of all the heights measured
\ipon it being 1,459 feet, while that of those measured on the line of Messrs. Feath-
erstonhaugh and Mudge is no more than 1,085 feet.

It is regretted that the computations of the barometric and other observations for
the determination of the heights of that portion of the country between the valley
of the St. John and the sources of the Aroostook, explored by the division of Major
Graham, could not be completed in time to be made use of for this report in the
description of that portion of the line claimed for Great Britain by Messrs. Feather-
stonhaugh and Mudge. This delay has been solely caused by a want of reasonable
time to complete this portion of the work, the commissioner having direction of the
division charged with it having only returned from the field in the month of January.

Sufficient information is known, however, to have been derived from those sur-
veys to justify the assertion that, instead of the strongly marked range of highlands
represented by the British commissioners as constituting a part of their ' ' axis of

*A continuous line of leveling was carried by one of the parties of Major Graham's division,
by means of two spirit levels checking one another, from tide water at Calais, in Maine, to the
monument at the source of the St. Croix, and thence along the true meridian line to its inter-
section with the river St. John. The surface of the St. John at this point of intersection was thus
found to be 419^ feet above the level of mean tide at Calais. The basin of the river immediately
above the C.raml Falls may be stated as of the same elevation in round numbers, as there is very
little current in the river between those two points.

1975 Messages and Papers of the Presidents

maximum elevation," the country in the vicinity of the Aroostook lying between its
sources and the valley of the St. John is devoid of the character they have attributed
to it. When properly represented upon a map it will appear as an extended undu-
lating surface of moderate elevation above the level of the Aroostook River, sparsely
interspersed with occasional detached elevations rising to heights of 600 to 900 and
1,400 feet above the level of the sea, but forming no continuous or connected chain
whatever in the direction represented by the British commissioners, or that could be
construed into the character of highlands such as are described in the treaty of 1783.*
In addition to the surveys upon the boundary line claimed by the United States,
an exploring line was run under the direction of Professor Renwick, as is more par-
ticularly described in Appendix No. I. This line extended to an eminence on the
eastern side of Lake Matapediac, elevated 1,743 feet above the level of the sea. The
views obtained from this eminence established the fact that a chain of highlands
extended thence to the north shore of the Bay des Chaleurs. They are believed to
terminate in an eminence, which from its imposing appearance has been called by
the Scotch settlers at its foot Ben Lomond. This was measured during the opera-
tions of the summer of 1840, and found to rise from the tide of the bay to the height
of 1,024 feet. This exploring line, coupled with the more accurate surveys, appears
to establish the fact of the existence of a continuous chain of eminences entitled to

* NOTE. — Since the above was written Major Graham's map and the computations of the baro-
metric heights above alluded to have been completed.

This map exhibits in their proper positions the numerous altitudes which were determined
throughout the country watered by the Aroostook and its principal tributaries, extending laterally
to the heights which bound the basin of that river on either side; along the due west line traced
in the year 1835 by Captain Yule, of the royal engineers, between Mars Hill and a poiut near the
forks of the Great Machias River; along and in the vicinity of the road recently opened by the State
of Maine from Lewis's (a point in latitude 46° iif 20", between the head branches of the Medux-
nikeag and the Masardis or St. Croix of the Aroostook) to the mouth of Fish River, in latitude
47° 15' 13", being a distance, actually measured, of 79 miles; and along the new military road, embra-
cing 40^ miles of the distance from Fort Fairfield to Houlton and including the adjacent heights
on either side.

The number of elevations -within the territory watered by the Aroostook and claimed by Great
Britain that have thus been carefully measured amounts to upward of 200.

This survey shows that although the prominent eminences which occur along that portion of
the "axis of maximum elevation" of Messrs. Mudge and Featherstonhaugh which lies between
the mouth and the source of the Aroostook correspond very nearly in height and position by our
measurements with those reported by themselves, yet these eminences are separated one from
another by spaces of comparatively low and very often swampy country, so extended as to pre-
clude the idea of a continuous range of highlands in the direction represented upon the map of
those commissioners.

If a range or chain of highlands is to be made to appear by drawing a strongly marked line
over widely extended valleys or districts of comparatively low country so as to reach and connect
the most prominent eminences which may fall within the assumed direction, then such a raii^e
or chain of highlands may here be made as plausibly in any other direction as in that chosen by
Messrs. Mudge and Featherstonhaugh, for the detached elevated peaks are so distributed as under
•• h a principle to favor any otie direction as much as another, and might thus be made to subserve
in an i qual degree whatever conflicting theories the object in view might cause to be originated.

We may also refer, in further illustration of the character of the country through which a por-
tion of this pretended "axis of maximum elevation " is made to pass, to a panorama view taken
in October, 1841, by one of Major Graham's assistants from the summit of nine Hill, where crossed
by the true meridian of the monument, at the source of the St. Croix. This position is 1,100 feet
above the level of the sea and 47% miles north of th? monument. It commands a most satisfactory
view of \he whole country embraced within a radius of 40 to 60 miles, including, as the landscape
shows, Parks Hill to the south; Katahdin, the Traveller, and Mars Hill to the southwest; Quaquajo,
the Horseback, the Haystack, and one or two peaks beyond the Aroostook to the west; the heights
upon the Fish River and the southern margin of the Eagle I^akes to the northwest, and those south
of the St. John (except a small angle obstructed by the Aroostook Hill) to the north.

The character of the great basin of the Aroostook, dotted with the detached peaks which rise
abruptly froin it at intervals of many miles apart, is here exhibited through at least two-thirds of
its extent in so satisfactory a manner as in itself to preclude the idea of an " axis of maximum
elevation " composed of anything like a connected or continuous chain in this region of country.

MAY i, 1842.

John Tylet 1976

the epithet of highlands from the north shore of the Bay des Chaleurs at its western
extremity to the sources of the Connecticut River. Returning from the latter point,
they exhibit the aspect of well-marked ranges of mountains as far as the sources of
the Metjarmette. Thence to the sources of the Etchemin extends an undulating
country whose mean height is 1,300 or 1,500 feet above the level of the sea. The
boundary line is thence prolonged to the Temiscouata portage over well-defined
ridges to the eastern *ide of Lake Temiscouata. At the sources of two of the streams
which run into this lake the minimum heights of 651 feet and 676 feet have been
observed.

With these exceptions, ihe sources of the streams which rise to the north of the
Temiscouata portage and between the lake of that name and Lake Matapediac aver-
age more than 900 feet above the level of the sea. For the purpose of describing
this portion of the line claimed by the United States, we may take this height of
900 feet as the elevation of a horizontal plane or base. On this are raised knolls,
eminences, and short ridges whose heights above this assumed base vary from 300
to 1,300 feet. The more elevated of these are universally designated by the hunters
who occasionally visit the country and the lumberers who search it for timber as
mountains clothed to the summit with wood, which, in consequence of the rigor of
the climate, attains but a feeble growth. They have an aspect of much greater alti-
tude than they in reality possess, but their character as highlands is indisputable.
This term, which the first English visitors ascribed without hesitation to the hills
of New Jersey,* whose altitude is about 300 feet above the level of the sea, is much
better merited by a group of eminences rising from 300 to 1,300 feet above a base
itself 900 feet in height, and which exceed in elevation the well-known highlands
of the Hudson River.

Not to rest merely on instances drawn from the language of those of English birth
who first settled or traded on the coast of the present United States, there are in the
immediate vicinity of the region in question a range of eminences the highest of
which is no more than 1,206 feet above the level of the sea. These, on the authority
of a distinguished officer of Her Britannic Majesty's navy,f arc named the "high-
lands of Bic," and have long been thus known by all the navigators of the St. Law-
rence who use the English tongue.

To sum up the results of the field operations of the commissioners:

1 i ) The meridian has been traced by astronomic observations from the monument,
established by the consent of both nations in 1798, at the source of the St. Croix
to a point 4 miles beyond the left bank of the St. John in the neighborhood of the
Grand Falls. In the course of this not only has no highland dividing waters which
run into the St. Lawrence from those which run into the Atlantic been reached, but
no common source or reservoir of two streams running in opposite directions. | No
place has, therefore, been found which by any construction proposed or attempted to
be put on the words of the treaty of 1783 can be considered as the northwest angle
of Nova Scotia. This point must, in consequence, lie in the further prolongation of
the meridian line to the north.

( 2 ) The streams whose title to the name of the northwesternmost head of the Con-
necticut River is in dispute have been explored, and the line of the highlands has
been traced from their sources to the point at which the lines respectively claimed
by the two nations diverge from each other.

(3) The line claimed by Messrs. Featherstonhaugh and Mudge, on the part of
Great Britain, has been in a great measure explored.

*Thc highlands of Neversink.

t Captain riyfk-ld.

\ The levelings carried along this meridian line by means of spirit levels, alluded to in the note
at bottom of page 121, passed Mars Hill at a depression of 12 feet b?la-.r the level of the base of the
monument which stands (.except at seasons of extreme droujjht) in the water at the source of the St.
Croix.

1977 Messages and Papers of the Presidents

(4) The line of highlands claimed by the United States has, with some small
exceptions, been thoroughly examined, and its prolongation as far as the north shore
of the Bay of Chaleurs reconnoitered. The parts of the line which have not been
actually reached have been seen from a distance, and streams flowing from them
crossed and leveled. From the former indication it is probable that the average
height of those parts exceeds that of the neighboring parts of the line. From the
heights of the streams it is certain that the lowest gaps in the unexplored portion of
the line can not be less elevated than 1,000 feet above the level of the sea.

That part of this line of highlands which lies east of the sources of the Rimouski
fulfills to the letter the words of the royal proclamation of 1763 and the contempora-
neous commission of Governor \Vilmot. The first of those instruments defines the
mouth of the river St. Lawrence by a line drawn from Cape Rozier to the St. John
River (on the Labrador coast), and therefore all to the eastward of that line is "the
sea." The height of land thus traced by the commission, rising from the north
shore of the Bay des Chaleurs at its western extremity, divides waters which fall
into the river St. Lawrence from those which fall into the sea, and is the southern
boundary of the Province established by the proclamation of 1763 under the name
of Quebec. The identity of the line defined in the proclamation of 1763 and the
boundary of the United States in the treaty of 1783 has been uniformly maintained
on the part of the United States, and is not merely admitted but strenuously argued
for in the report of Messrs. Featherstonhaugh and Mudge.

The undersigned therefore report that they have explored and in a great measure
surveyed and leveled a line of highlands in which the northwest angle of Nova
Scotia lies, and which in their opinion is the true boundary between the States of
Maine and New Hampshire and the British Provinces.

II. — EXAMINATION OK THE ARGUMENT CONTAINED IN THE REPORT 6? MESSRS.
MUDGE AND FEATHERSTONHAUGH.

The progress which has been made in the first portion of the duties of the com-
missioners has been set forth in the preceding part of this report.

Although, as will be there seen, the task of running the meridian line of the monu-
ment marking the source of the St. Croix and of exploring and surveying the lines of
highlands respectively claimed by the Governments of the United States and Great
Britain has not been completed, yet enough has been done to furnish materials for
an examination of the argument preferred by Messrs. Mudge and Featherstonhaugh
in support of the novel form in which the claim of Great Britain has been presented
by them.

In the surveys made by direction of the commissioners under the fifth article of the
treaty of Ghent the difficult character of the country had prevented any other method
of exploration than that of ascending rivers to their sources. It was believed on the
part of the United States that the determination of the position of these sources was
sufficient for the demarcation of the line of highlands in relation to which the con-
troversy exists, and no attempt was made to meet the British argument by the exhi-
bition of the fact that the lines joining these sources run in some cases along ridges
and in other cases pass over elevations to which in any sense of the term the epithet
of "highlands" maybe justly applied. The denial of this mode of determining the
line of highlands by Great Britain has made it important that both the lines claimed
by Great Britain and by the United States should be explored and leveled — a task
which until recently had not been attempted on either part. The examination of
the lines claimed by the two nations, respectively, has been in a great measure accom-
plished, as will be seen from the reports of the field operations of the commission,
while such of these determinations as have a direct bearing on the argument will be
cited in their proper place in this report.

John Tyler

It is to be regretted that the document now under consideration exhibits many
Distances of an unfriendly spirit. Charges of direct and implied fraud are made, and
language is used throughout that is irritating and insulting. It is fondly hoped that
these passages do not express the sentiments of the British nation, as in a state of
feeling such as this report indicates little hope could be entertained of an amicable
adjustment of this question. Any inference to be drawn from the language of the
report under consideration is contradicted by the official declarations of the British
Government, and may therefore be considered as the individual act of the authors,
not as the deliberate voice of the nation by which they were employed.

It might have been easy to have retorted similar charges, and thus have excited
in the Government of Great Britain feelings of irritation similar to those which per-
vaded the whole population of the United States on the reception of that report.
While, however, it is due to the honor of the United States to declare that no desire
of undue aggrandizement has been felt, no claim advanced beyond what a strict
construction of their rights will warrant, it is trusted that the pretensions of Great
Britain, however unfounded in fact or principle, have been advanced with a like
disregard to mere extension of territory, and urged with the same good faith which
has uniformly characterized the proceedings of the United States.

It is not to be wondered that the claims of Great Britain have been urged with the
utmost pertinacity and supported by every possible form of argument. The territory
in question is of great value to her, by covering the only mode of communication
which can exist for nearly six months in the year, not only between two valuable
colonies, but between the most important of all her possessions and the mother
country. The time is not long past when the use of this very communication was
not an unimportant part of the means by which that colony was restrained from an
attempt to assert its independence. It is not, therefore, surprising that the feelings
of British statesmen and of those who desired to win their favor have been more
obvious in the several arguments which have appeared on that side of the question
than a sober view of the true principles, on which alone a correct opinion of the case
can be founded.

To the United States in their collective capacity the territory in dispute is, on the
other hand, of comparatively little moment. No other desire is felt throughout
the greater part of the Union than that the question should be settled upon just
principles. No regret could, therefc"3, be widely felt if it should be satisfactorily
shown that the title of Great Britain to this region is indisputable. But should it
be shown, as is beyond all question the fact, that the title is in truth in the United
States, national honor forbids that this title should be abandoned. To the States of
Maine and Massachusetts, who are the joint proprietors of the unseated lands, the
territory is of a certain importance from the value of the land and timber, and to
the latter, within whose jurisdiction it falls, as a future means of increasing her
relative importance in the Union, and a just and proper feeling on the part of their
sister States must prevent their yielding to any unfounded claim or the surrender of
any territory to which a title can be established without an equivalent satisfactory to
those States.

To show the basis on which the title rests —

It is maintained on the part of the United States that the territory they held on
the continent of North America prior to the purchase of Louisiana and the Floridas
was possessed by a title derived from their own Declaration of Independence on
the 4th of July, 1776, the assertion of that independence in a successful war, and its
acknowledgment by Great Britain as a preliminary to any negotiation for a treaty
of peace. It is admitted on the part of Great Britain that a territory designated by
certain limits was granted to the United States in the treaty of 1783. As a matter
of national pride, the question whether the territory of the original United States
was held by the right of war or by virtue of a grant from the British Crown is not

1979 Messages and Papers of the Presidents

unimportant: as a basis of title it has not the least bearing on the subject. From
the date of the treaty of 1783 all pretensions of the British Crown to jurisdiction or
property within the limits prescribed by the provisions of that instrument ceased,
and when a war arose in 1812 between the two nations it was terminated by the
treaty of Ghent, in which the original boundaries were confirmed and acknowledged
on both sides.

The treaty of 1783, therefore, is, in reference to this territory, the only instrument
of binding force upon the two parties; nor can any other document be with pro-
priety brought forward in the discussion except for the purpose of explaining and
rendering definite such of the provisions of that treaty as are obscure or apparently
uncertain.

The desire of full and ample illustration, which has actuated both parties, has led
to the search among neglected archives for documents almost innumerable, and
their force and bearing upon the question have been exhibited in arguments of great
ability. Such has been the talent shown in this task of illustration and so copious
have been the materials employed for the purpose that the great and only impor-
tant question, although never lost sight of by the writers themselves, has to the eye
of the casual observer been completely hidden. In the report under consideration
this'distinction between treaties of binding force and documents intended for mere
illustration has not been regarded, and the vague as well as obviously inaccurate
delineations of a French or a Venetian map maker are gravely held forth as of equal
value for a basis of argument as the solemn and ratified acts of the two nations.

In pursuance of this desire of illustration, every known document which could in
any form support either claim has been advanced and set forth in the statements laid
before His Majesty the King of the Netherlands when acting as umpire under the
fifth article of the treaty of Ghent. If not yet given entire to the public,* they are
in the possession of both Governments in a printed form, together with the opinion of
the arbiter in respect to them; and although it is necessary that the arguments then
adduced in favor of the American claim should be in part repeated, and although
new illustrations of the correctness of that argument have since been brought to
light, the present document will be confined as closely as possible to the provisions
of the treaty itself, and will adduce no more of illustration than is barely sufficient
to render the terms of that treaty certain and definite.

The boundaries of the United States are described in the treaty of 1783 in the
following words: f

"And that all disputes which might arise in future on the subject of the boundaries
of the said United States may be prevented it is hereby agreed and declared that the
following are and shall be their boundaries, viz: From the northwest angle of Nora
Scotia, viz, that angle which is formed by a line drawn due north from the source of
St. Croi.r River to the highlands; along the said highlands which divide those rivers
that empty themselves into the river SI. Lawrence from those which fall into the
Atlantic Ocean to the northwestern-most head of Connecticut River; thence down
along the middle of that river to the forty-fifth degree of north latitude; from thence
by a line due west on said latitude until it strikes the river Iroquois, or Cataraquy;
thence along the middle of said river into Lake Ontario; through the middle of said
lake until it strikes the communication by water between that lake and Lake Erie;
thence along the middle of said communication into Lake Hrie through the middle
of said lake until it arrives at the water communication between that lake and Lake
Huron; thence along the middle of said water communication into the Lake Huron;
thence through the middle of said lake to the water communication between that

*A considerable part of the papers, together with the argument, has been published by Mr. Gal-
latin in his Right of the United States to the Northeastern Boundary. New York, 1840. 8 vo
VI'. iSo.

t The word- lu'iv am't-'.u -i

John Tyler 1980

lake and Lake Superior; thence through Lake Superior northward of the Isles Royal
and Phelipeaux to the Long Lake; thence through the middle of said Long Lake and
the water communication between it and the Lake of the Woods to the said Lake of
the Woods; thence through the said lake to the most northwestern point thereof,
and from thence on a due west course to the river Mississippi; thence by a line to be
drawn along the middle of the said river Mississippi until it shall intersect the north-
ernmost part of the thirty-first degree of north latitude; south by a line to be drawn
due east from the determination of the line last mentioned in the latitude of 31°
north of the equator to the middle of the river Apalachicola, or Catahouche; thence
along the middle thereof to its junction with the Flint River; thence straight to the
head of St. Marys River, and thence down along the middle of St. Marys River to
the Atlantic Ocean; east by a line to be drawn along the middle of the river St. Croix
from its mouth in the Bay of Fundy to its source and from its source directly north
to the aforesaid highlands which divide the rivers that fall into the Atlantic Ocean
from those which fall into the river St. Lawrence; comprehending all islands within
20 leagues of any part of the shores of the United States and lying between lines
to be drawn due east from the points where the aforesaid boundaries between Nova
Scotia on the one part and East Florida on the other shall respectively touch the Bay
of Fundy and the Atlantic Ocean, excepting such islands as now are or heretofore
have been within the limits of the said Province of Nova Scotia. ' '

So far as the present question is concerned, five points of discussion are presented
by this article of the treaty of 1783:

I. What stream is to be understood by the name of the river St. Croix?

II. The determination of the line due north from the source of that river.

III. What is the position of the northwest angle of Nova Scotia ?

IV. The delineation of the line passing through the highlands from that angle to
the northwest head of Connecticut River.

V. What is to be considered as the northwestern head of Connecticut River?

I.— RIVER ST. CROIX.

Doubts in respect to the particular river intended to be understood by the name of
the St. Croix having arisen, an article was inserted in the treaty of commerce signed
in London in November, 1794, by Lord Grenville on the part of Great Britain and by
John Jay on the part of the United States.* This article, the fifth of that treaty, pro-
vided for the appointment of a joint commission with full powers to decide that ques-
tion. This commission was constituted in conformity, and the award was accepted
by both Governments, f The river designated in this award became thenceforth the
true St. Croix, however erroneous may have been the grounds on which it was
decided so to be. When, therefore, in the fourth article of the treaty of Ghent it is
declared that the due north line from the source of the St. Croix has not been sur-
veyed, and when in this and the other articles of the same treaty all other uncertain
parts of the boundary are recited, the validity of the decision of the commissioners
under the fifth article of Jay's treaty is virtually acknowledged. Nay, more; the
acknowledgment is completed by the stipulation in the second article of the treaty
of Ghent that "all territory, places, and possessions taken by either party during
the war," with certain exceptions, shall be forthwith restored to their previous
possessors. J The only exceptions are the islands in Passamaquoddy Bay; and had
it been believed that any uncertainty in respect to the adjacent territory existed
it would not have been neglected. Nay, more; all the settlements lying within the
line claimed by Great Britain before the commission created by the treaty of 1794
had been taken, and were in her actual possession at the time the treaty of Ghent
took effect, and were forthwith restored to the jurisdiction of the United States.

*See Note I, pp. 1994, 1995. tSee Note II, p. 1995. t Sec Note III, pp. I99S, 1996.

1981 Messages and Papers of the Presidents

When, also, it became necessary to proceed to the investigation of the second point
of the discussion, the agents and surveyors of both parties proceeded as a matter of
course to the point marked in 1798 as the source of the St. Croix.* This point is
therefore fixed and established beyond the possibility of cavil, and the faith of both
Governments is pledged that it shall not be disturbed.

II. — DUE NORTH UNE FROM THE SOURCE OF THE ST. CROIX.

The treaty of 1783 provides that the boundary from the source of the St. Croix
shall be drawn ' ' directly north. ' ' In relation to this expression no possible doubt can
arise. It is neither susceptible of more than a single meaning nor does it require
illustration from any extrinsic source. The undersigned, therefore, do not consider
that so much of the argument of Messrs. Mudge and Featherstonhaugh as attempts to
show that this line ought to be drawn in any other direction than due north requires
any reply on the part of the United States. Admitting that the words had been origi-
nally used as a mistranslation of terms in the Latin grant of James I to Sir William
Alexander, the misconception was equally shared by both parties to the treaty of
1783; and it will be shown hereafter that this misconception, if any, had its origin
in British official papers. Were it capable of proof beyond all possibility of denial
that the limit of the grant to Sir William Alexander was intended to be a line drawn
toward the northwest instead of the north it would not affect the question. So far
as that grant was used by American negotiators to illustrate the position of the north-
west angle of Nova Scotia it would have failed to fulfill the object, but such failure
in illustration does not involve the nullity of the treaty itself.

That the translation which has hitherto been universally received as correct of the
terms in the grant to Sir William Alexander is the true one, and that the new con-
struction which is now attempted to be put upon it is inaccurate, Jvill be shown in
another place, | where will also be exhibited an error committed in rendering the
sense of another part of that instrument. The consideration of the correctness or
incorrectness of the several translations can form no part of the present argument.
While, therefore, it is denied that Messrs. Mudge and Featherstonhaugh have suc-
ceeded in showing that the grant to Sir William Alexander has been mistranslated,
it is maintained that an error in the translation of this document can have no effect
in setting aside the simple and positive terms of the treaty of 1783. That treaty
and its confirmation in the treaty of Ghent must be admitted to be null and void
before that line can be drawn in any other direction than ' ' due north. ' '

III. — NORTHWEST ANGLE OF NOVA SCOTIA.

The term northwest angle of Nova Scotia was used in the secret instructions of
Congress and is adopted in the treaty of 1783. In the instructions it is named with-
out any explanation, as if it were a point perfectly well known. In one sense it
was so, for although it never had been marked by a monument, nor perhaps visited
by the foot of man, its position could be laid down upon a map; nay, was so on
many existing maps, and the directions for finding it on the ground were clear and
explicit. These directions are to be found in the royal proclamation of October, 1763,
and in the commission to Montague Wiltnot, governor of Nova Scotia, of cotempo-
raneous date. Any uncertainty in regard to the position of this angle which may
have existed in relation to the meaning of the first of these instruments is removed
by the act of Parliament of 1774, commonly called the Quebec act.

Before citing these instruments it will be proper to refer to the circumstances
under which the two first were issued.

Great Britain, after a successful war, found herself in possession of the whole
*See .Note IV, p. 1996. 1 .See Note V, pp. 1996-2000.

John Tyler 1982

eastern side of the continent of North America. So much of this as lay to the south
of the St. Lawrence and the forty-fifth parallel of north latitude had been previously
made the subject of charters from the British Crown under a claim of right from
priority of discovery.* The possession of this wide tract was not uncontested, and
various other European nations had attempted to found settlements within the limits
of the British charters. In such cases it was held as a matter of law that where the
occupation or defense of the territory granted had been neglected the right had
ceased, and the country, when recovered by conquest or restored by treaty, was again
vested in the Crown, to be made the subject of new grants or governed as a royal
colony. Thus, when the settlements made by the Dutch and Swedes, which by
the fortune of war had become wholly vested in Holland, were reduced, the Crown
exercised its rights by conveying them to the Duke of York, although covered in a
great part, if not wholly, by previous charters; and when these countries were again
occupied by the Dutch and restored by the treaty of Breda it was thought necessary
that the title of the Duke of York should be restored by a fresh grant. In both of
these charters to that prince was included the Province of Sagadahock, within whose
chartered limits was comprised the territory at present in dispute. This Province,
confined on the sea between the rivers St. Croix and Kennebec, had for its opposite
limits the St. Lawrence, or, as the grant expresses it, "extending from the river of
Kenebeque and so upward by the shortest course to the river Canada northward."
The shortest course from the source of the Kennebec to the St. Lawrence is by the
present Kennebec road. This grant therefore covered the whole space along the St.
Lawrence from about the mouth of the Chaudiere River f to the eastern limit of the
grant to Sir William Alexander. By the accession of James II, or, as some maintain,
by the act of attainder, it matters not which, this Province reverted to the Crown,
and was by it granted, in 1691, to the colony of Massachusetts. Inithe same charter
Nova Scotia also was included. This has been called a w~r grant, as in fact it was,
and the colony of Massachusetts speedily availed themselves of it by conquering the
whole of the territory conveyed except the island of Cape Breton. The latter, too,
fell before the unassisted arms of the New England Provinces in 1745, at a time when
Great Britain was too deeply engaged in the contest of a civil war to give aid either
in money or in men to her transatlantic possessions.

The colony of Massachusetts, therefore, could not be charged with any want of
energy in asserting her chartered rights to the territory in question. It is, in fact,
due to her exertions that both Nova Scotia and New Brunswick came at so early a
period into the possession of the British Crown. In 1654 the French settlements as
far as Port Royal, at the head of the Bay of Fundy, were reduced by Major Sedgwick,
but by the treaty of Breda they were restored to France.

In 1690 Sir William Phips, governor of Massachusetts, with a force of 700 men,
raised in that colony, again conquered the country, and although on his return the
French dislodged the garrison possession was forthwith resumed by an expedition
under Colonel Church. Acadie, however, or Nova Scotia, was ceded again to France
by the treaty of Ryswick. After several spirited but unsuccessful attempts during
the War of the Succession, General Nicholson, with a force of five regiments, four of
which were levied in Massachusetts, reduced Port Royal, and by its capitulation the
present Provinces of Nova Scotia and New Brunswick were permanently annexed
to the British Crown. { Finally the militia of Massachusetts, during the War of
1776, took possession of the territory, and occupied it until the date of the treaty of

* Sebastian Cabot, in the employ of Henry VII, discovered the continent of North America 24th
June, 1497. and explored it from Hudsons Bay to Florida in 1498. Columbus discovered South
America ist August, 1498, while the voyage of Vespucci, whose uame has been given to the conti-
nent, was not performed until 1499. — HUMBOLDT.

tSee Note VI, p. 2000.

J Ilaliburton's History, Vol. I, pp. 83-87.

1983 Messages and Papers of the Presidents

1783. This occupation was not limited by the St. Croix, cr even by the St. John, but
included the whole of the southern part of New Brunswick, while the peninsula of
Nova Scotia was only preserved to Great Britain by the fortification of the isthmus
which unites it to the mainland.*

The recession of Acadie, or Nova Scotia, to France by the treaty of Ryswick di-
vested Massachusetts only of the territory granted her in the charter of 1691 under
the latter name. Her war title to Sagadahock was confirmed by a conquest with her
own unaided arms; and even the cession of Nova Scotia was a manifest injustice to
her, as she was at the moment in full possession of it. It, however, suited the pur-
pose of Great Britain to barter this part of the conquest of that colony for objects of
more immediate interest.

Admitting that England did convey a part or the whole of Sagadahock to France
under the vague name of Acadie or Nova Scotia.f the conquest by Massachusetts in
1710 renewed her rights to this much at least, and although the Crown appropriated
to itself the lion's share of the spoils by making Nova Scotia a royal province, it did
not attempt to disturb her possession of Sagadahock. So far from so doing, the com-
mission of the royal governors was limited to the west by the St. Croix, although
it was stated in a saving clause that the Province of Nova Scotia extended of right
to the Penobscot. From that time until the breaking out of the Revolutionary War,
a space of more than sixty years, the Province of Sagadahock was left in the undis-
turbed possession of Massachusetts under the charter of 1691.

In defiance of this charter the French proceeded to occupy the right bank of
the St. Lawrence, which at the time of the capture of Quebec and the cession in the
treaty of 1763 was partially held by settlements of Canadians. The Crown there-
fore acted upon the principle that the right of Massachusetts to the right bank of
the St. Lawrence had thus become void, and proceeded by proclamation to form the
possessions of France on both banks of the St. Lawrence into a royal colony under
the name of the Province of Quebec.

This was not done without a decided opposition on the part of Massachusetts, but
any decision in respect to her claims was rendered needless by the breaking out of
the War of Independence. It is only proper to remark that this opposition was in
fact made and that her claim to the right bank of the St. Lawrence was only aban-
doned by the treaty of 1783. The country of which it was intended to divest her
by the proclamation of 1763 is described in a letter of her agent, Mr. Mauduit, to
the general court of that colony as "the narrow tract of land which lies beyond
the sources of all your rivers and is watered by those which run into the St. Law-
rence."

It is assigned by him as a reason why the Province of Massachusetts should assent
to the boundary assigned to the Province of Quebec by the proclamation that "it
would not be of any great consequence to you" (Massachusetts), "but is absolutely
necessary to the Crown to preserve the continuity of the Province of Quebec." The
part of the Province of Quebec whose continuity with the rest of that colony was to
be preserved is evidently the district of Gaspe, of which Nova Scotia, a royal colony,
was divested by the same proclamation. For this continuity no more was necessary
than a road along the St. Lawrence itself, and the reason would have been absurd if
applied to any country lying beyond the streams which fall into that river, for up
to the present day no communication between parts of Canada exists through any
part of the disputed territory. The narrow territory thus advised to be relinquished
extends, according to the views of Messrs. Mudge and Featherstonhaugh, from the
Great Falls of the St. John to Quebec, a distance in a straight line of 160 miles. It
has a figure not far from triangular, of which this line is the perpendicular and the
shore of the St. Lawrence from the Chaudiere to the Metis the base. It contains
about 16,000 square miles. It would have been a perversion of language in Mr.

* Ilaliburton's History, Vol. I, pp. 244-289. t See Note VII, pp. 2000, 2001.

John Tyler 1984

Mauduit to describe this to his employers as a narrow tract. Bat the space whose
cession he really intended to advise is in every sense a narrow tract, for its length
along the St. Lawrence is about 200 miles, and its average breadth to the sources of
the streams 30. It contains 6,000 square miles, and is described by him in a manner
that leaves no question as to its extent being "watered by streams" which "run into
the St. Lawrence." It therefore did not include any country watered by streams
which run into the St. John.

It is believed that this is the first instance in which the term narrow has evet
been applied to a triangle almost right angled and nearly isosceles, and it is not a
little remarkable that this very expression was relied upon in the statement to the
King of the Netherlands as one of the strongest proofs of the justice of the American
claim.

Admitting, however, for the sake of argument, that the Crown did demand this
territory, and that the mere advice of an agent without powers was binding on Mas-
sachusetts, the fact would have no direct bearing upon the point under considera-
tion. The relinquishment by Massachusetts of the whole of the territory west of
the meridian of the St. Croix would not have changed the position of the northwest
angle of Nova Scotia, nor the title of the United States collectively under the treaty
of 1783 to a boundary to be drawn from that angle, however it might have affected
the right of property of that State to the lands within it.

And here it is to be remarked that the Government of the United States is two-
fold— that of the individual States and that of the Federal Union. It would be
possible, therefore, that all right of property in unseated lands within a State's juris-
diction might be in the General Government, and this is in fact the case in all the
new States. Even had Massachusetts divested herself of the title (which she has
not) the treaty of 1783 would have vested it in the Confederation. She had at least
a color of title, under which the Confederation claimed to the boundaries of Nova
Scotia on the east and to the southern limits of the Province of Quebec on the north,
and this claim was allowed by Great Britain in the treaty of 1783 in terms which are
at least admitted to be identical in meaning with those of the proclamation creating
the latter Province.*

To illustrate the subject further:

Of the seventeen British colonies in North America, thirteen succeeded in asserting
their independence; the two Floridas were conquered and ceded to Spain; while of
her magnificent American domain only Quebec and Nova Scotia were left to Great
Britain. The thirteen colonies, now independent States, claimed all that part of the
continent to the eastward of the Mississippi and north of the bounds of Florida which
was not contained within the limits of the last-named colonies, and this claim was
fully admitted by the boundary agreed to in the treaty of 1783. Within the limits
thus assigned it was well known that there were conflicting claims to parts which
had more than once been covered by royal charters; it was even possible that there
were portions of the wide territory the right to which was asserted by the United
States and admitted by Great Britain that had not been covered by any royal grant;
but the jurisdiction in respect to disputed rights and the title to land not conveyed
forever ceased to be in the British Crown — first by a successful assertion of independ-
ence in arms, and finally by the positive terms of a solemn treaty.

If it should be admitted, for argument's sake, that the claim of Massachusetts,
as inherited by the State of Maine, to the disputed territory is unfounded, it is a
circumstance that can not enter into a discussion between Great Britain and the
United States of America. Massachusetts did claim, under at least the color of a title,
not merely to "the highlands," but to the St. Lawrence itself, and the claim was
admitted as far as the former by the treaty of 1783. If it should hereafter appear
that this claim can not lie maintained, the territory which is not covered by her

* fteport of Messrs, Featherstonhausrh and Mwice, i>. 6.

1985 Messages and Papers of the Presidents

title, if within the boundary of the treaty of 1783, can not revert to Great Britain,
which has ceded its rights to the thirteen independent States, but to the latter in
their confederate capacity, and is thus the property of the whole Union. As well
might Great Britain set up a claim to the States of Alabama and Mississippi, which,
although claimed by the State of Georgia, were found not to be covered by its royal
charter, as to any part of the territory contained within the line defined by the treaty
of 1783, under pretense that the rights of Massachusetts are not indefeasible.

While, therefore, it is maintained that whether the title of Massachusetts be valid
or not is immaterial to the present question, it may be further urged that not even the
shadow of a pretense existed for divesting her of her rights by the proclamation
of 1763, except to territory which by neglect she had permitted France to occupy.
On this point the French are the best authority, for it can not be pretended that
the Crown of England intended in forming the Province of Quebec to go beyond the
utmost limits of the claim of France to her colony of Canada. The assertions on
the part of France in the argument preceding the War of 1756 were :

First. That both banks of the St. Lawrence are included in Canada.

Second. That with the exception of Miscou and Cape Breton, her grants extended
10 leagues from the river.

Third. That the commissions of the governors of Canada in the most formal and
precise manner extended their jurisdiction to the sources of the rivers which dis-
charge themselves into the St. Lawrence.

Now the distance of 10 French leagues and that of the sources of the rivers, on an
average, are nearly identical, and this narrow tract, of which alone the Crown could
with any shadow of justice assume the right of disposing, is that of which Massa-
chusetts was intended to be divested by the proclamation of 1763.

It was because Great Britain held that these claims on the part of France were too
extensive that the War of 1756 was waged. In this war at least one-half of the force
which under Wolfe took Louisburg and reduced Quebec, and under Amherst forced
the French armies in Canada to a capitulation, was raised and paid by the colonies.
The creation of the Province of Quebec, covering a part of their chartered limits, was
therefore a just subject of complaint.

The bounds assigned to the new Province of Quebec to the south by the proclama-
tion of 7th October, 1763, are as follows:

"The line, crossing the river St. Lawrence and the Lake Champlain in 45° of north
latitude, passes along the highlands which divide the rivers that empty themselves
into the St. Lawrence from those which fall into the sea, and also along the north
coast of the Bay des Chaleurs and the Gulf of St. Lawrence to Cape Rosieres," etc.

In the same month of October, 1763, the limits of the royal Province of Nova
Scotia are fixed, in the commission to Governor Wilmot, on the west "by the said
river St. Croix to its source, and by a line drawn due north from thence to the south-
ern boundary of our Province of Quebec; to the northward, by the same boundary,
a.s far as the western extremity of the Bay des Chaleurs. ' '

Here, then, we find the first mention in an English dress of the line to be drawn
due north from the source of the St. Croix. There is no evidence that it was a
translation of the terms in the grant to Sir William Alexander, but if it were it was
made not by Americans, but by Englishmen; and not only made, but set forth under
the high authority of the royal sign manual and authenticated by the great seal
of the United Kingdom of England and Scotland.

The due north line from the source of the St. Croix, meeting the south bounds of
the Province of Quebec, forms two angles. One of these was the northeast angle
of the Province of Sagadahock; the other is the northwest angle of Nova Scotia. It
might be debated which of the streams that fall into Passamaquoddy Bay was the
true St. Croix, but such a question could be settled by reference to evidence, and
has been thus settled by the award of the commissioners under the fifth article of

John Tyler 1986

Jay's treaty. Among the many branches of a stream it may for a moment be doubted
which is to be considered as its principal source, but this can be ascertained by proper
methods, and it has been ascertained and marked with a monument by the same
commissioners. The tracing of a meridian line may be a difficult operation in prac-
tical surveying, but it can be effected by proper instruments and adequate skill, and
this task has in fact been performed by one of the present commissioners, after being
attempted by the surveyors under the fifth article of the treaty of Ghent. The
highlands are defined in the commission of Governor Wilmot and the proclama-
tion of 1763 beyond the possibility of doubt. They are on the north shore of the
Bay of Chaleurs as described in the one instrument, and on the western extremity
of that bay as described by the other. They can therefore be found, and they have
been found.

The Congress of 1779 and the framers of the treaty of 1783 were therefore warranted
in speaking of the northwest angle of Nova Scotia as if it were a known point. It
could have been laid down with precision on any good map; it could be discovered
by the use of adequate methods and the expenditure of a sufficient appropriation; it
was, in fact, as well known as the forty-fifth and thirty-second parallels of latitude,
which are named in the same article of the treaty, or as the boundaries of very many
of the States which had united in the Confederation. These were defined by the
course and sources of rivers — by parallels of latitude and circles of longitude, either
of indefinite extent or setting out from some prescribed point whose position was to
be determined. At the time of making these grants, as in the case before us, many
of the boundaries had never been visited by civilized men. Some of these lines had,
indeed, been sought and traced upon the ground in pursuance of orders from the
privy council of Great Britain or the high court of chancery, and the recollection of
the operation was fresh in the memory of both parties. Thus in 1750 it was ordered
by the latter tribunal that the boundary on the lower counties on the Delaware (now
the State of that name) and the Province of Maryland should be marked out. The
boundary was an arc of a circle described around the town of Newcastle, with a given
radius, and a meridian line tangent thereto. This was a far more difficult operation
than to draw a meridian line from a given point, such as the source of a river. It
was thought in 1763 worthy of the attention of the first assistant in the Royal Observ-
atory at Greenwich, and the American Rittenhouse was associated with him. This
operation was not only of great contemporary fame, but is still quoted in English
books among the data whence we derive our knowledge of the magnitude and figure
of the earth. So also the same astronomer (Mason) had but a few years before the
War of Independence commenced the tracing of a parallel of latitude from the former
line to the westward, thus marking the respective limits of Pennsylvania, Maryland,
and Virginia. With such examples before them the framers of the treaty of 1783
were warranted in considering the northwest angle of Nova Scotia as a point suffi-
ciently definite to be made not merely one of the landmarks of the new nation, but
the corner at which the description of its boundaries should begin. It has been well
remarked by one of the commentators* on the report of Messrs. Featherstonhaugh
and Mudge that if the treaty of 1783 be a grant the grantors are bound by rule of law
to mark out that corner of their own land whence the description of the grant com-
mences. The British Government therefore ought, if it be, as it is maintained on its
part, a grant, to have traced the line of highlands dividing their Provinces of Nova
Scotia and Canada. Had this been done in conformity with the proclamation of 1763
and the commission to Governor Wilmot, the northwest angle of Nova Scotia would
be given by the trace of the meridian of the St. Croix. So far from doing this, the
question has been complicated by the denial that the boundaries defined in that
proclamation and in the treaty of 1783 were intended to be identical. The argument
on this point was so ingenious that the arbiter under the fifth article of the treaty of

*Hon. John Holmes, of Maine.

1987 Messages and Papers of the Presidents

Ghent did not consider the American case as made out,* and this doubt was the
principal ground on which his decision rested. It is therefore an earnest of a more
favorable state of feeling that the sophistry with which this fact had been veiled, at
least in part, is now withdrawn, and that the commission whose report is under con-
sideration frankly admit this identity, f This admission being made, it is obvious
that the origin of the highlands of the treaty must be sought on the north shore
of the Bay des Chaleurs and at its western extremity, and it follows that the point
where this line of highlands is cut by the meridian of the monument at the source
of the St. Croix is the northwest angle of Nova Scotia of the treaty of 1783, and must
lie to the north of the Restigouche, or in the very spot claimed by the United States.

The British Government has not only failed in marking out the corner of their ter-
ritory at which the boundary of the United States begins, but has in practice adopted
a very different point as the northwest angle of the Province of New Brunswick,
which now occupies the place of ancient Nova Scotia in its contiguity to the Ameri-
can lines. Up to the time of the discussion before the King of the Netherlands the
commissions of the governors of New Brunswick had been, so far as the western
and northern boundaries are concerned, copies of that to Governor \Vilmot. The
undersigned have no means of ascertaining when or how the form of these commis-
sions was changed, but it was found during the exploration of the country that the
jurisdiction of New Brunswick, limited at least to the north of the St. John by the
exploring meridian line, did not leave the Bay of Chaleurs at its western extremity
and follow thence the old bounds of the Province of Quebec. It, on the contrary,
was ascertained that it w;is limited by the Restigouche as far as the confluence of its
southwestern branch, formerly known by the name of Chacodi, and thence followed
the latter up to the point where it is crossed by the exploring meridian line. On
all the territory thus severed from the ancient domain of Nova Scotia permits to cut
timber were found to have been issued by Canadian authorities, and the few settlers
derived their titles to land from the same source.

Although this demarcation involves a double deviation from the proclamation of
1763 (first, in following a river instead of highlands; second, in taking a small branch
instead of pursuing the main supply of the Bay of Chaleurs), the northwest angle of
Nova Scotia may be considered as at last fixed by British authority at a point many
miles north of the point claimed to be such in the statements laid before the King
of the Netherlands on the part of Great Britain, and 48 miles to the north of where
the line of "abraded highlands" of Messrs. Featherstonhaugh and Mudge crosses the
St. John. Were it not that the American claim would be weakened by any change in
the strong ground on which it has always rested, it might be granted that this is
in fact the long-lost northwest angle of Nova Scotia, and the highlands allowed to
be traced from that point through the sources of the branches of the St. John and
the St. Lawrence.

In proof of the position now assigned to this angle of New Brunswick, and con-
sequently of ancient Nova Scotia, in the absence of documents which the archives of
Great Britain alone can furnish, the map published by the Society for the Encour-
agement of Useful Knowledge, the several maps of the surveyor-general of the Prov-
ince of Canada, and the most recent map of the Provinces of Nova Scotia and New
Brunswick, by John \Vyld, geographer to the Queen of Great Britain, may be cited.

It may therefore be concluded that the northwest angle of Nova Scotia is no longer
an unknown point. It can be found by a search conducted in compliance with the
proclamation of 1763 and the contemporaneous commission of Governor Wilmot,
and the resaarches of the present commission show that it can not be far distant
from the point originally assigned to it in the exploring meridian line. The identity
of the first of these documents with the boundary of the treaty of 1783 is admitted,

*See -Note VIII, i>. 2001.

t Report of Messrs. Featherstonhaugli and Muilsre, pp. 6, 23.

John Tylet 1988

and the latter is word for word the same with the description of the eastern bound-
ary of the United States in the same treaty. Moreover, a northwest angle has
been assigned to the Province of New Brunswick by British authority, which, did
it involve no dereliction of principle, might without sensible loss be accepted on
the part of the United States.

IV. — HIGHLANDS OP THE TREATY OF 1783.

The highlands of the treaty of 1783 are described as those "which divide those
rivers that empty themselves into the river St. Lawrence from those which fall into
the Atlantic Ocean." It has been uniformly and consistently maintained on the
part of the United States that by the term "highlands" was intended what is in
another form of the same words called the height of land. The line of highlands
in this sense was to be sought by following the rivers described in the treaty to their
source and drawing lines between these sources in such manner as to divide the sur-
face waters. It was believed that the sources of such rivers as the Connecticut and
the St. John must lie in a country sufficiently elevated to be entitled to the epithet
of highlands, although it should appear on reaching it that it had the appearance of
a plain. Nay, it was even concluded, although, as now appears, incorrectly — and
it was not feared that the conclusion would weaken the American argument — that
the line from the northwest angle of Nova Scotia, at least as far as the sources of
Tuladi, did pass through a country of that description. Opposite ground was taken
in the argument of Great Britain by her agent, but however acute and ingenious
Were the processes of reasoning by which this argument was supported, it remained
in his hands without application, for the line claimed by him on the part of his Gov-
ernment was one having the same physical basis for its delineation as that claimed
by the agent of the United States, namely, one joining the culminating points of the
valleys in which streams running in opposite directions took their rise. The argu-
ment appears to have been drawn while he hoped to be able to include Katahdin
and the other great mountains in that neighborhood in his claimed boundary, and he
does not appear to have become aware how inapplicable it was in every sense to the
line by which he was, for want of a better, compelled to abide. The British Govern-
ment, however, virtually abandoned the construction of their agent in the convention
signed in London the 2/th September, 1827.*

In this it was stipulated that Mitchell's and Map A should be admitted to the
exclusion of all others "as the only maps that shall be considered as evidence" of
the topography of the country, and in the latter of these maps, constructed under
the joint direction of the British and American negotiators by the astronomer of the
British Government, it was agreed that nothing but the water courses should be repre-
sented. Finally, it was admitted in the report of Messrs. Featherstonhaugh and Mudge
that the terms highlands and height of laud are identical. The decision of the King
of the Netherlands, to which Great Britain gave her assent in the first instance, rec-
ognizes the correctness of the views entertained in the American statements.! All
discussion on this subject is, however, rendered unnecessary by the knowledge which
the undersigned have obtained of the country. The line surveyed by them not only
divides rivers, but possesses in a preeminent degree the character by which in the
British argument highlands are required to be distinguished.

It is sufficient for the present argument that the identity of the lines pointed
out by the proclamation of 1763 and the act of 1774 with the boundary of the treaty
of 1783 lie admitted. Such has been the uniform claim of the Government of the
United States and the State of Massachusetts, and such is the deliberate verdict of
the British commissioners.! The words of the proclamation of 1763 have already

'•See Note IX, i>. 2001. t Sec Note X, l>p. 2001, 2002.

t Report of I'eatherstonhauch and Mudge, pp. 0, 23.

1989 Messages and Papers of the Presidents

been cited. By reference to them it will be seen that the origin of "the highlands"
is to be sought on the north shore of the Bay of Chaleurs. If they are not to be
found there, a gap exists in the boundary of the proclamation, which it is evident
could not have been intended. It has been thought by some that the gap did actually
exist, but this idea was founded on an imperfect knowledge of the country. The Bay
of Chaleurs seems, in fact, to have been better known to the framers of the procla-
mation of 1763 and the act of 1774 than to any subsequent authorities, whether British
or American. Researches made in the year 1840 show that at the head of the tide
of the Bay of Chaleurs a mountain rises immediately on the northern bank, which
from its imposing appearance has been called by the Scotch settlers at its foot Ben
Lomond. This, indeed, has by measurement been found to be no more than 1,024
feet in height, but no one can deny its title to the name of a highland. From this
a continuous chain of heights has been ascertained to exist, bounding in the first
instance the valley of the Matapediac to the sources of that stream, which they sep-
arate from those of the Metis. The height of land then passes between the waters of
Metis and Restigouche, and, bending around the sources of the latter to the sources
of the Ritnouski, begins there to separate waters which fall into the St. Lawrence
from those which fall into the St. John, which they continue to do as far as the point
where they merge in the line admitted by both parties.

These highlands have all the characteristics necessary to constitute them the
highlands of the treaty. Throughout their whole northern and western slopes flow
streams which empty themselves into the St. Lawrence. Beginning at the Bay of
Chaleurs, they in the first place divide, as it is necessary they should, waters which
fall into that bay; they next separate the waters of Restigouche from those of Metis;
they then make a great detour to the south and inclose the valley of Rimouski, sepa-
rating its waters from those of Matapediac and Restigouche, the Green River of St.
John and Tuladi; they next perform a circuit around Lake Temiscouata, separat-
ing its basin from those of the Otty and Trois Pistoles, until they reach the Temis-
couata portage at Mount Paradis. This portage they cross five times, and finally,
bending backward to the north, inclose the stream of the St. Francis, whose waters
they divide from those of Trois Pistoles, Du Loup, and the Green River of the
St. Lawrence. Leaving the Temiscouata portage at the sixteenth milepost, a region
positively mountainous is entered, which character continues to the sources of the
Etchemin. It there assumes for a short space the character of a rolling country, no
point in which, however, is less than 1,200 feet above the level of the sea. It speedily
resumes a mountainous character, which continues unaltered to the sources of the
Connecticut.

Now it is maintained that all the streams and waters which have been named as
flowing from the southern and eastern sides of this line are in the intended sense of
the treaty of 1783 rivers which empty themselves into the Atlantic. The first argu-
ment adduced in support of this position is that the framers of that treaty, having, as
is admitted, Mitchell's map before them, speak only of two classes of rivers — those
which discharge themselves into the St. Lawrence River and those which fall into
the Atlantic Ocean; yet upon this map were distinctly seen the St. John and the
Restigouche. The latter, indeed, figures twice — once as a tributary to the Bay of
Miramichi and once as flowing to the Bay of Chaleurs.* It can not reasonably be
pretended that men honestly engaged in framing an article to prevent "all dis-
putes which might arise in future" should have intentionally passed over and left
undefined these important rivers, when by the simplest phraseology they might have
described them had they believed that in any future time a question could have
arisen whether they were included in one or the other of the two classes of rivers
they named. Had it been intended that the due north line should have stopped short
of the St. John, the highlands must have been described as those which divide rivers

*Sce Note XI, p. 2002.

John Tyler 1990

which fall into the St. Lawrence and the St. John from those which fall into the
Atlantic Ocean. The mouth of the St. Lawrence had been defined in the procla-
mation of 1763 by a line drawn from the river St. John (on the Labrador coast) to
Cape Rozier. If, then, it had been intended that the meridian line should not have
crossed the Restigouche, the phraseology must have been highlands which divide
rivers which fall into the river and Gulf of St. Lawrence from those which fall into
the Atlantic Ocean. Where such obvious modes of expressing either of these inten-
tions existed, it is not to be believed that they would have been omitted; but had
they been proposed to be introduced the American negotiators would have been
compelled by their instructions to refuse them. Such expressions would have pre-
scribed a boundary different not only in fact, but in terms, from that of the procla-
mation of 1763 and the contemporaneous commission to Governor Wilmot. Either,
then, the British plenipotentiaries admitted the American claim to its utmost extent
or they fraudulently assented to terms with the intention of founding upon them a
claim to territory which if they had openly asked for must have been denied them.
The character of the British ministry under whose directions that treaty was made
forbids the belief of the latter having been intended. The members of that ministry
had been when in opposition the constant advocates of an accommodation with the
colonies or of an honorable peace after all hopes of retaining them in their alle-
giance had ceased. They showed on coming into power a laudable anxiety to put
an end to the profitless effusion of human blood, and they wisely saw that it would
be of more profit to their country to convert the new nation into friends by the free
grant of terms which sooner or later must have been yielded than to widen the
breach of kindred ties by an irritating delay. The debates which ensued in the Brit-
ish Parliament when the terms of the treaty were made known show the view which
the party that had conducted the war entertained of this question. The giving up
of the very territory now in dispute was one of the charges made by them against
their successors, and that it had been given up by the treaty was not denied. Nay,
the effect of this admission was such as to leave the administration in a minority
in the House of Commons, and thus became at least one of the causes of the resig-
nation of the ministry* by which the treaty had been made. At this very moment
more maps than one were published in London which exhibit the construction
then put upon the treaty by the British public. The boundary exhibited upon these
maps is identical with that which the United States now claim and have always
claimed.

The full avowal that the boundary of the treaty of 1783 and of the proclamation
of 1763 and act of 1774 are identical greatly simplifies the second argument. It has
been heretofore maintained on the part of Great Britain that the word "sea" of
the two latter-named instruments was not changed in the first to "Atlantic Ocean"
without an obvious meaning. All discussion on this point is obviated by the admis-
sion. But it is still maintained that the Bay of Fundy is not a part of the Atlantic
Ocean because it happens to be named in reference to the St. Croix in the same
article of the treaty. To show the extent to which such an argument, founded on a
mere verbal quibble, may be carried, let it be supposed that at some future period two
nations on the continent of North America shall agree on a boundary in the follow-
ing terms: By a line drawn through the Mississippi from its mouth in the Gulf of
Mexico to its source; thence a parallel of latitude until it meet the highlands which
divide the waters that empty themselves into the Pacific Ocean from those which fall
into the Atlantic. Could it be pretended that because the mouth of the Mississippi
is said to be in the Gulf of Mexico the boundary must be transferred from the Rocky
Mountains to the Alleghanies? Yet this would be as reasonable as the pretensions
so long set up by the British agents and commissioners.

It can not be denied that the line claimed by the United States fulfills at least one

* Hansard's Parliamentary Krister for 17^3.

1991 Messages and Papers of the Presidents

of the conditions. The streams which flow from one side of it fall without excep-
tion into the river St. Lawrence. The adverse line claimed by Great Britain in the
reference to the King of the Netherlands divides until within a few miles of Mars
Hill waters which fall into the St. John from those of the Penobscot and Kenue-
bec. The latter do not discharge their waters directly into the ocean, but Sagadahock
and Penobscot bays intervene, and the former falls into the Bay of Fundy; hence,
according to the argument in respect to the Bay of Fundy, this line fulfills neither
condition.

The line of Messrs. Featherstonhaugh and Mudge is even less in conformity to the
terms of the treaty. In order to find mountains to form a part of it they are com-
pelled to go south of the source of branches of the Penobscot; thence from moun-
tains long well known, at the sources of the Alleguash, well laid down on the
rejected map of Mr. Johnson, it becomes entangled in the stream of the Aroostook,
which it crosses more than once. In neither part does it divide waters at all. It
then, as if to make its discrepancy with the line defined in the proclamation of 1763
apparent, crosses the St. John and extends to the south shore of the Bay of Chaleurs,
although that instrument fixes the boundary of the Province of Quebec on the north
shore of the bay. In this part of its course it divides waters which fall into the said
bay from those which fall into the St. John. But the proclamation with whose
terms this line is said to be identical directs that the highlands shall divide waters
which fall into the St. Lawrence from those which fall into the sea. If the branches
of the Bay of Chaleurs fulfill the first condition, which, however, is denied, the St.
John must fulfill the latter. It therefore falls into the Atlantic Ocean, and as the
identity of the boundary of the treaty with that of the proclamation of 1 763 and act
of 1774 is admitted, then is the St. John an Atlantic river, and the line claimed by
the United States fulfills both conditions, and is the only line to the west of the
meridian of the St. Croix which can possibly do so.

The choice of a line different from that presented to the choice of the King of the
Netherlands is no new instance of the uncertainty which has affected all the forms
in which Great Britain has urged her claim.

In fact, nothing shows more conclusively the weakness of the ground on which the
British claim rests than the continual changes which it has been necessary to make
in order to found any feasible argument upon it.* In the discussion of 1798 it was
maintained on the part of Great Britain that the meridian line must cross the St. John
River; in the argument before the commissioners under the fifth article of the treaty
of Ghent it was denied that it ever could have been the intention of the framers of
the treaty of 1783 that it should. Yet the mouthpiece by which both arguments were
delivered was one and the same person. The same agent chose as the termination of
what he attempted to represent as a continuous range of hills an isolated mountain,
Mars Hill; and the commissioners whose report is under consideration place a range
of abraded highlands, "the maximum axis of elevation," in a region over which
British engineers have proposed to carry a railroad as the most level and lowest line
which exists between St. Andrews and Quebec, f

On the other hand, the American claim, based on the only practicable interpreta-
tion of the treaty of 1783, has been consistent throughout: " Let the meridian line be
extended until it meets the southern boundary of the Province of Quebec, as defined
by the proclamation of 1763 and the act of Parliament of 1774."

No argument can be drawn against the American claim from the secret instruc-
tions of Congress dated August, 17/9. All that is shown by these instructions is the
willingness to accept a more convenient boundary — one defined by a great natural
feature, and which would have rendered the difficult operation of tracing the line

*See Note XII. p. 2002.

t Prospectus of St. Andrews anil Quebec Railroad, 18.56 ; and Survey of Captain Yule, 1835.

John Tyler 1992

of highlands and that of determining the meridian of the St. Croix by astronomic
methods unnecessary. The words of the instructions are:

"And east by a line to be drawn along the middle of the St. John from its source
to its mouth in the Bay of Fundy, or by a line to be settled and adjusted between
that part of the State of Massachusetts Bay formerly called the Province of Maine
and the colony of Nova Scotia, agreeably to their respective rights, comprehending
all islands within 20 leagues of the shores of the United States and lying between lines
to be drawn due east from the points where the aforesaid boundaries between Nova
Scotia on the one part and East Florida on the other part shall respectively touch
the Bay of Fundy and the Atlantic Ocean."

The proposal in the first alternative was to appearance a perfectly fair one. From
an estimate made by Dr. Tiarks, the astronomer of Great Britain under the fifth
article of the treaty of Ghent, in conformity with directions from Colonel Barclay, the
British commissioner, it was ascertained that the whole disputed territory contained
10,705 square miles; that the territory bounded by the St. John to its mouth con-
tained 707 square miles less, or 9,998 square miles. The difference at the time was
probably believed to be insensible. The first alternative was, however, rejected by
Great Britain, and obviously on grounds connected with a difference in supposed
advantage between the two propositions. The American commissioners were satis-
fied that they could urge no legal claim along the coast beyond the river St. Croix;
they therefore treated on the other alternative in their instructions — the admitted
limits between Massachusetts and Nova Scotia. Even in the former alternative,
Nova Scotia would still have had a northwest angle, for the very use of the term
shows that by the St. John its northwestern and not the southwestern branch was
intended.

At that moment, when the interior of the country was unknown, the adoption of
the St. John as the boundary, even admitting that the Walloostook, its southwestern
branch, is the main stream, would have given to the United States a territory of
more immediate value than that they now claim. For this very reason the propo-
sition was instantly rejected by Great Britain, and the State of Massachusetts was
forced to be contented with the distant region now in debate — a region then believed
to be almost inaccessible and hardly fit for human habitation.

Even now, were there not vested private rights on both sides which might render
such a plan difficult of application, the undersigned would not hesitate to recom-
mend that this line should be accepted in lieu of the one which is claimed under the
treaty of 1783.

It is finally obvious, from the most cursory inspection of any of the maps of the
territory in question, that the line claimed for Great Britain in the argument before
the King of the Netherlands fulfills no more than one of the two conditions, while
that of Messrs. Featherstonhaugh and Mudge fulfills neither; and as the line claimed
on the part of the United States is denied to be capable of meeting the terms of the
treaty of 1783 by Great Britain, there is no line that, in conformity with the British
argument, can be drawn within the disputed territory or its vicinity that will comply
with either of the conditions. This is as well and as distinctly shown in the map
of Mitchell as in the map of the British commission. It would therefore appear, if
these views be correct, that the frarners of the treaty of 1783 went through the sol-
emn farce of binding their respective Governments to a boundary which they well
knew did not and could not exist.

V. — NORTHWEST HEAD OF CONNECTICUT RIVER.

The true mode of determining the most northwesterly of any two given points
need no longer be a matter of discussion. It has already been a matter adjudicated
and assented to by both Governments, in the case of the Lake of the Woods. The
point to be considered as most to the northwest is that which a niler laid on a map

1993 Messages and Papers of the Presidents

drawn according to Mercator's projection in a direction northeast and southwest
and moved parallel to itself toward the northwest would last touch. In this view
of the subject the Eastern Branch of the Connecticut, which forms the lake of that
name, is excluded, for its source, so far from lying to the northwest of those of the
other two branches which have been explored, actually lies to the south of the source
of the Indian Stream. The question must therefore lie between the two others, and!
it is as yet impossible to decide which of them is best entitled to the epithet, as their
sources lie very nearly in the same northeast and southwest rhomb line. Another
circumstance would, however, render the decision between them easy. The forty-
fifth parallel of latitude, as laid out by the surveyors of the Provinces of Quebec and
New York in conformity with the proclamation of 1763, crosses Halls Stream above
its junction with the united current of the other two. In this case the latter is the
Connecticut River of the treaty of 1783, and Halls Stream, which has not yet joined
it, must be excluded. The parallel, as corrected by the united operations of the
British and American astronomers under the fifth article of the treaty of Ghent,
does not touch Halls Stream, and the Connecticut River, to which it is produced, is
the united current of the three streams. If, then, the corrected parallel should
become the boundary between the United States and the British Provinces, Halls
Stream must become one of those the claim of whose source to the title of the north-
westernmost head of Connecticut River is to be examined. And here it may be
suggested, although with the hesitation that is natural in impeaching such high
authority, that the commissioners under the fifth article of the treaty of Ghent in all
probability misconstrued that instrument when they reopened the question of the
forty-fifth parallel. It can not be said that the forty- fifth degree of latitude had ' ' not
been surveyed" when it is notorious that it had been traced and marked throughout
the whole extent from St. Regis to the bank of the Connecticut River.

In studying, for the purpose of illustration, the history of this part of the boundary
line it will be found that a change was made in it by the Quebec act of 1774. The
proclamation of 1763 directs the forty-fifth parallel to be continued only until it
neets highlands, while in that bill the Connecticut River is made the boundary of
the Province of Quebec. Now the earlier of these instruments was evidently founded
upon the French claim to extend their possession of Canada 10 leagues from the St.
Lawrence River, and from the citadel of Quebec, looking to the south, are seen
mountains whence rivers flow to the St. Lawrence. On their opposite slope there
was a probability that streams might flow to the Atlantic. These mountains, how-
ever, are visibly separated from those over which the line claimed by the United
States runs by a wide gap. This is the valley of the Chaudiere; and the St. Francis
also rises on the southeastern side of these mountains and makes its way through
them. It is not, therefore, in any sense a dividing ridge. Yet under the procla-
mation of 1763 the Provinces of New York and New Hampshire claimed and were
entitled to the territory lying behind it, which is covered by their royal charters.
The Quebec act, it would appear, was intended to divest them of it, and accord-
ing to the construction of the treaty of 1783 now contended for the United States
acquiesced in this diminution of the territory of those members of the Union. If,
however, it be true, as maintained by Messrs. Featherstonhaugh and Mudge, that
the highlands seen to the south of Quebec are a portion of the ridge seen from south-
east to northeast, and if, as they maintain, so deep and wide a valley as that of the
St. John is no disruption of the continuity of highlands, it would be possible to show
that the highlands of the treaty of 1783 are made up of these two ridges of mountains
and that the United States is entitled to the whole of the eastern townships. This
range of highlands would coincide with the terms of the proclamation of 1763 by
terminating on the north shore of the Bay of Chaleurs, while the abraded highlands
of Messrs. Featherstonhnugh and Mudge terminate on its south shore. In fact, there
is no step in their argument which might not be adduced to support this claim, nor

John Tylei 1994

any apparent absurdity in preferring it which would not find its parallel in one or
other of the positions they assume.

In this view of the history of this part of the line it becomes evident, however,
that in divesting the Provinces of New York and New Hampshire by the Quebec act
of territory admitted to belong to them in the proclamation of 1763 the British Par-
liament must have intended to make the encroachment as small as possible, and the
first important branch of the Connecticut met with in tracing the forty -fifth parallel
must have been intended. This intention is fully borne out by the words of the
treaty of 1783, which chose from among the branches of the Connecticut that whose
source is farthest to the northwest.

It has therefore been shown in the foregoing statement —

1. That the river to be considered as the St. Croix and its true source have been
designated by a solemn act, to which the good faith of the majesty of Great Britain
and of the people of the United States is pledged, and can not now be disturbed.

2. That the boundary line must, in compliance with the provisions of the treaty of
1783, be drawn due north from the source of that river, and in no other direction
whatever.

3. That the northwest angle of Nova Scotia was a point sufficiently known at the
date of the treaty of 1783 to be made the starting point of the boundary of the United
States; that it was both described in the treaty and defined, without being named
in previous official acts of the British Government, in so forcible a manner that no
difficulty need have existed in finding it.

4. That the line of highlands claimed by the United States is, as the argument on
the part of Great Britain has maintained it ought to be, in a mountainous region,
while that proposed by Messrs. Featherstonhaugh and Mudge does not possess this
character; that it is also, in the sense uniformly maintained by the United States, the
height of land, which that of Messrs. Featherstonhaugh and Mudge is not; that it
fulfills in every sense the conditions of the proclamation of 1763, the Quebec act of
1774, and the treaty of 1783, which no other line that can possibly be drawn in the
territory in question can perform.

5. That as far as the Indian Stream and that flowing through Lake Connecticut
are concerned, the source of the former must in the sense established by the assent of
both parties be considered as the northwestern source of the Connecticut River, but
that if the old demarcation of the forty-fifth parallel be disturbed the question must
lie between the sources of Halls and of Indian streams.

All which is respectfully submitted. ™ g RENWICK

JAMES D. GRAHAM,
A. TALCOTT,

Commissioners.

Note I.

[Treaty of 1794, Article V.]

Whereas doubts have arisen what river was truly intended under the name of
the river St. Croix mentioned in the said treaty of peace, and forming a part of the
boundary therein described, that question shall be referred to the final decision of
commissioners to be appointed in the following manner, viz:

One commissioner shall be named by His Majesty and one by the President of the
United States, by and with the advice and consent of the Senate thereof, and the said
two commissioners shall agree on the choice of a third, or, if they can not so agree,
they shall each propose one person, and of the two names so proposed one shall be
drawn by lot in the presence of the two original commissioners; and the three com-
missioners so appointed shall be sworn impartially to examine and decide the said
question according to such evidence as shall respectively be laid before them on the
part of the British Government and of the United States. The said commissioners
shall meet at Halifax, and shall have power to adjourn to such other place or places
as they shall think fit. They shall have power to appoint a secretary and to employ

1995 Messages and Papers of the Presidents

such surveyors or other persons as they shall judge necessary. The said commas
sioners shall, by a declaration under their hands and seals, decide what river is the
river St. Croix intended by the treaty. The said declaration shall contain a descrip-
tion of the said river and shall particularize the latitude and longitude of its mouth
and of its source. Duplicates of this declaration and of the statements of their
accounts and of the journal of their proceedings shall be delivered by them to the
agent of His Majesty and to the agent of the United States who may be respectively
appointed and authorized to manage the business on behalf of the respective Govern-
ments. And both parties agree to consider such decision as final and conclusive, so
as that the same shall never thereafter be called into question or made the subject of
dispute or difference between them.

Note II.

Declaration of the commissioners under the fifth article of the treaty of 1794
between the United States and Great Britain, respecting the true river St. Croix, by
Thomas Barclay, David Plowell, and Egbert Benson, commissioners appointed in pur-
suance of the fifth article of the treaty of amity, commerce, and navigation between
His Britannic Majesty and the United States of America finally to decide the ques-
tion "What river was truly intended under the name of the river St. Croix mentioned
in the treaty of peace between His Majesty and the United States, and forming a part
of the boundary therein described ? ' '

DECLARATION.

We, the said commissioners, having been sworn impartially to examine and decide
the said question according to such evidence as should respectively be laid before us
on the part of the British Government and of the United States, respectively, appointed
and authorized to manage the business on behalf of the respective Governments,
have decided, and hereby do decide, the river hereinafter particularly described and
mentioned to be the river truly intended under the name of the river St. Croiy in
the said treaty of peace, and forming a part of the boundary therein described; that is
to say, the mouth of the said river is in Passainaquoddy Bay at a point of land called
Joes Point, about I mile northward from the northern part of St. Andrews Island,
and in the latitude of 45° 5' and 5" north, and in the longitude of 67° 12' and 3O" west
from the Royal Observatory at Greenwich, in Great Britain, and 3° 54' and 15"
east from Harvard College, in the University of Cambridge, in the State of Massa-
chusetts; and the course of the said river up from its said mouth is northerly to a
point of land called the Devils Head; then, turning the said point, is westerly to where
it divides into two streams, the one coming from the westward and the other from
the northward, having the Indian name of Cheputnatecook, or Chebuitcook, as the
same may be variously spelt; then up the said stream so coming from the north-
ward to its source, which is at a stake near a yellow-birch tree hooped with iron and
marked S. T. and J. H., 1797, by Samuel Titcomb and John Harris, the surveyor*
employed to survey the above-mentioned stream coming from the northward.

Note III.
[Article V of the treaty of Ghent, 1814.]

Whereas neither that point of the highlands lying due north from the source of the
river St. Croix, and designated in the former treaty of peace between the two powers
as the northwest angle of Nova Scotia, nor the northwesternmost head of Connecti-
cut River has yet been ascertained; and whereas that part of the boundary line
between the dominions of the two powers which extends from the source of the river
St. Croix directly north to the above-mentioned northwest angle of Nova Scotia;
thence along the said highlands which divide those rivers that empty themselves into
the river St. Lawrence from those which fall into the Atlantic Ocean, to the north-
westernmost head of Connecticut River; thence down along the middle of that river
to the forty-fifth degree of north latitude; thence by a line due west on said latitude
until it strikes the river Iroquois, or Cataraquy, has not yet been surveyed, it is agreed
that for these several purposes two commissioners shall be appointed, sworn, and
authorized to act exactly in the manner directed with respect to those mentioned in
the next preceding article, unless otherwise -specified in the present article. The
said commissioners shall meet at St. Andrews, in the Province of New Brunswick,
and shall have power to adjourn to such other place or places as they shall think fit.
The said commissioners shall have power to ascertain and determine the points above
mentioned in conformity with the provisions of the said treaty of peace of 1783, and

John Tyler 1996

shall cause the boundary aforesaid, from the source of the river St. Croix to the river
Iroquois, or Cataraquy, to be surveyed and marked according to the said provisions.
The said commissioners shall make a map of the said boundary, and annex to it a
declaration under their hands and seals certifying it to be the true map of the said
boundary, and particularizing the latitude and longitude of the northwest angle of
Nova Scotia, of the northwesternmost head of Connecticut River, and of such other
points of the said boundary as they may deem proper; and both parties agree to con-
sider such map and declaration as finally and conclusively fixing the said boundary.
And in the event of the said two commissioners differing, or both or either of them
refusing, declining, or willfully omitting to act, such reports, declarations, or state-
ments shall be made by them or either of them, and such reference to a friendly sov-
ereign or state shall be made in all respects as in the latter part of the fourth article
is contained, and in as full a manner as if the same was herein repeated.

Note IV.

The point originally chosen by the commissioners in 1798 as the source of the St.
Croix was to all appearance the act of an umpire who wished to reconcile two con-
tending claims by giving to each party about half the matter in dispute. No one
who compares Mitchell's map with that of Messrs. Featherstonhaugh and Mudge
can fail to recognize in the St. Croix of the former the Magaguadavic of the latter.
That this was the St. Croix intended by the framers of the treaty of 1783 was main-
tained, and, it may be safely asserted, proved on the American side. On the other
hand, it was ascertained that the river called St. Croix by De Monts was the Schoo-
diac; and the agent of Great Britain insisted that the letter of the instrument was to
be received as the only evidence, no matter what might have been the intentions
of the framers. The American argument rested on the equity of the case, the Brit-
ish on the strict legal interpretation of the document. The commissioners were
divided in opinion, each espousing the cause of his country. In this position of
things the umpire provided for in the treaty of 1794 was chosen, and in the United
States it has always been believed unfortunately for her pretensions. A lawyer of
eminence, who had reached the seat of a judge, first of a State court and then of
a tribunal of the General Government, he prided himself on his freedom from
the influence of feeling in his decisions. As commissioner for the settlement of the
boundary between the States of New York and Vermont, he had offended the former,
of which he was a native, by admitting the claim of the latter in its full extent, and
it was believed that he would rather encounter the odium of his fellow-citizens than
run the risk of being charged with partiality toward them. Colonel Barclay, the
British commissioner, who concurred in choosing him as umpire, had been his
schoolfellow and youthful associate, and it is believed in the United States that he
concurred in, if he did not prompt, the nomination from a knowledge of this feature
of character. Had he, as is insinuated by Messrs. Featherstonhaugh and Mudge,
been inclined to act with partiality toward his own country, he had most plausible
grounds for giving a verdict in her favor, and that he did not found his decisions
upon them is evidence of a determination to be impartial, which his countrymen
have said was manifested in a leaning to the opposite side. Those who suspect him
of being biased by improper motives must either be ignorant of the circumstances of
the case or else incapable of estimating the purity of the character of Egbert Ben-
son. His award, however, has nothing to do with the question, as it was never acted
upon. Both parties were dissatisfied with the conclusions at which he arrived, and in
consequence a conventional line in which both concurred was agreed upon, and the
award of the commissioners was no more than a formal act to make this convention
binding.

If, then, both Governments should think it expedient to unsettle the vested rights
which have arisen out of the award of 1798, there is a strong and plausible ground
on which rhe United States may claim the Magaguadavic as their boundary, and the-
meridian line of its source will throw the valley of the St. John from Woodstock to
the Grand Falls within the limits of the State of Maine. While, therefore, it is
maintained that it would violate good faith to reopen the question, there is good
reason to hope that an impartial umpire would decide it so as to give the United
States the boundary formerly claimed.

Note V.

The angle made by the southern boundary of the Province of Quebec with the due
north line from the source of the St. Croix first appeared in an English dress in the
commission to Governor Wilmot. This was probably intended to be identical in its

65

1997 Messages and Papers of the Presidents

meaning with the terms in the Latin grant to Sir William Alexander, although there
is no evidence to that effect. If, therefore, it were a false translation, the error has
been committed on the side of Great Britain, and not on that of the United States.
But it is not a false translation, as may be shown to the satisfaction of the merest tyro
in classical literature.

The words of the grant to Sir William Alexander, as quoted by Messrs. Feather*
stonhaugh and Mudge, are as follows, viz:

"Omnes et singulas terras continentis ac insulas situatas et jacentes in America
intra caput seu promontorium communiter Cap de Sable appellat, jacen. prope lati-
tudinem quadraginta trium graduum aut eo circa ab equinoctiali linea versus septen-
trionem, a quo promontorio versus littus maris tenden. ad occidentem ad static nem
Sanctae Marise navium vulgo Sanctmarcis Bay. Et deinceps, versus septentrionem
per directam lineam introitum sive ostium magnse illius stationis navium trajicien.
quae excurrit in terra; orientalem plagam inter regiones Suriquorum et Etcheminorum
vulgo Suriquois et Etchemines ad fluvium vulgo nomine Sanctcz Crucis appellat. E(v
ad scaturiginein remotissimam sive fontem ex occidental! parte ejusdem qui se pri-
mum predicto fluvio immiscet. Unde per imaginariam directam lineam quae pergere
per terrain seu currere versus septentrionem concipietur ad proximam navium statio-
nem, fluvium, vel scaturiginem in magno fluvio de Canada sese exonerantem. Et ab
eo pergendo versus orienteni per maris oris littorales ejusdem fluvii de Canada ad
fluvium, stationem navium, portum, aut littus commuuiter nomine de Gathepe vel
Gaspee notum et appellatum. ' '

The authentic Latin copy of the grant to Sir William Alexander, as communicated
officially by the British Government, contains no commas, and would read as follows:

" Omnes et singulas terras continentis ac insulas situatas et jacentes in America
intra caput seu prornontorium communiter Cap de Sable appellat. Jacen. prope lati-
tudinem quadraginta trium graduum aut eo circa ab equinoctiali linea versus septen-
trionem a quo promontorio versus littus maris tenden. ad occidentem ad stationem
Sanctae Mariae navium vulgo Sanctmareis Bay. Et deinceps versus septentrionem
per directam lineam introitum sive ostium magnse illius stationis navium trajicien.
quae excurrit in terrse orientalem plagam inter regioues Suriquorum et Etecheminoruin
vulgo Suriquois et Etechcmines ad fluvium vulgo nomine Sanctie Crucis appellat. St
ad scaturiginem remotissimam sive fontem ex occidentali parte ejusdem qui se pri-
mum predicto fluvio immiscet. Unde per imaginariam directam lineam quse pergere
per terram seu currere versus septentrionem concipietur ad proximam navium statio-
nem fluvium vel scaturiginem in magno fluvio de Canada sese exonerantem. Et ab
eo pergendo versus orientem per maris oris littorales ejusdem fluvii de Canada ad
fluvium stationem navium portum aut littus communiter nomine de Gathepe vel
Gaspee notum et appellatum."

The translation of Messrs. Mudge and Featherstonhaugh is as follows:

"All and each of the lands of the continent and the islands situated and lying in
America within the headland or promontory commonly called Cape Sable, lying near
the forty-third degree of latitude from the equinoctial line or thereabout; from which
promontory stretching westwardly toward the north by the seashore to the naval
station of St. Mary, commonly called St. Marys Bay; from thence passing toward
the north by a straight line, the entrance or mouth of that great navai suttion which
penetrates the interior of the eastern shore betwixt the countries of the Suriquois
and Etchemins, to the river commonly called the St. Croix, and to the most remote
source or spring of the same on the western side which first mingles itself with the
aforesaid river; from whence, by an imaginary straight line, which may be supposed
(concipietur) to advance into the country or to run toward the north to the nearest
naval station, river, or spring discharging itself into the great river of Canada and
from thence advancing toward the east by the gulf shores of the said river of Canada
to the river, naval station, port, or shore commonly known or called by the name of
Gathepe or Gaspe."

The only American translations which have ever been presented in argument are
as follows:

[Translation of Messrs. Callatin and Treble, who were employed to prepare the statement laid
before the King of the Netherlands.]

"Beginning at Cape Sable, in 43° north latitude or thereabout; extending thence
westwardly along the seashore to the road commonly called St. Marys Bay; thence
toward the north by a direct line, crossing the entrance or mouth of that great ship
road which runs into the eastern tract of land between the territories of the Souri-
quois and of the Etchemins (Bay of Fundy), to the river commonly called St. Croix,
and to the most remote spring or source which from the western part thereof first
mingles itself with the river aforesaid ; and from thence, by an imaginary direct line,

John Tyler 1998

which may be conceived to stretch through the land or to run toward the north, to
the nearest road, river, or spring emptying itself into the great river de Canada (river
St. Lawrence); and from thence, proceeding eastwardly along the seashores of the
said river de Canada, to the river, road, port, or shore couinioiily known and called
by the name of Gathepe or Gaspe."

[Translation of Mr. Bradley, the American agent under the fifth article of the treaty of Ghent.]

" By the tenor of this our present charter we do give, grant, and convey to the said
Sir William Alexander, his heirs or assigns, all and singular the lands of the con-
tinent and islands situated and lying in America within the headland or promon-
tory commonly called Cape Sable, lying near the latitude of 43° or thereabout, from
the equinoctial line toward the north; from which promontory stretching toward the
shore of the sea to the west to the road of ships commonly called St. Marys Bay, and
then toward the north by a direct line, crossing the entrance or mouth of that great
road of ships which runs into the eastern tract of land between the territories of the
Souriquois and the Etchemins, to the river called by the name of St. Croix, and to
the most remote spring or fountain from the western part thereof which first mingles
itself with the river aforesaid; whence, by an imaginary direct line, which may be
conceived to go through or run toward the north, to the nearest road of ships, river,
or spring emptying itself into the great river of Canada; and from thence proceeding
toward the east by the shores of the sea of the said river of Canada to the river, road
of ships, or shore commonly known and called by the name of Gachepe or Gaspe."

But the translations of the Americans were merely for form's sake, as the original
Latin, in a copy furnished from a British public office, was laid before the King of
the Netherlands; and no fear need have been felt that the umpire would not have
been able to judge whether the translations were true or not. It was rather to be
inferred that he, in examining a question submitted in a language foreign to him,
would have found the Latin quite as intelligible as the English. This examination,
however, is wholly superfluous.

From whatever source the negotiators of the treaty of 1783 derived their view of
the boundary, that instrument directs that it shall be a due north line from the source
of the river St. Croix. This expression is too definite to require explanation or illus-
tration, and it is only for those purposes that any other instrument can be permitted
to be quoted.

In the passages referred to the words ' ' versus septentrionem ' ' occur three times,
and in two of the instances are qualified by the context in such manner as to leave
no possible doubt is to the meaning. The first time they occur the words of the
passage are, "prope latitudinem quadraginta trium graduum aut eo circa versus
septentrionem." The free translation into modern idiom is beyond doubt, "near
the forty-third degree of north latitude or thereabout;" and the direction toward the
north must be along a meridian line on which latitude is measured, or due north.
Messrs. Mudge and Featherstonhaugh, instead of connecting in their translation the
words " versus septentrionem " with the words " prope latitudinem," etc., with which
they stand in juxtaposition in the Latin text which they quote, connect them with
the words "ad occidentem tendentem," which occur in the next clause of the sen-
tence, even according to their own punctuation. We note this as a false translation,
although it does not touch the point in dispute. They have, indeed, attempted to use
it in their argument; but even if the use they make of it had been successful their
inferences fall, because drawn from erroneous premises.

The second clause in which the words occur is as follows: "Ad stationem naviuin
Sanctae Mariae vulgo St. Marys Bay, et deinceps versus septentrionem per directam
lineam introitum sive ostium magnae illins stationis navium trajicienteni," etc., "ad
fluvium vulgo nomine Sanctae Crucis appellatum." Here the line, although directed
to be drawn toward the north, is also directed to be drawn between two given points,
and it is clear that under the double direction, if they should differ from each other,
the position of the given points must govern, and the line be traced from one of them
to the other, no matter what may be their bearings.

The last time the words occur" is after the direction that the line shall pass up the
St. Croix and to the most remote western spring or fountain of that stream, " unde
per imaginariam lineam directam quae pergere per terrain sen currere versus sep-
tentrionem concipietur." Here alone can any doubt exist as to the meaning of the
terms, and that is easily solved.

The boundary pointed out in the instrument is " such as may be conceived to go or
run toward the north by (per) a direct (directam) line." Now a direct line toward
the north can be no other than a meridian line. Had it been merely a straight line of
vague northerly direction which was meant, rcclion. the usual expression fora mathe-
matical straight line, would have been used instead of dircclam. It is, moreover, to be

1999 Messages and Papers of the Presidents

considered that the Romans had names both for the northeast and northwest points
of the compass, and that the expression "versus septentrionem" in its most vague
application could not possibly have admitted of a deviation of more than two points
on either hand. Had the direction intended deviated more than that amount from
the true north, the Latin term corresponding to northeast or northwest must have
been used. Nor is this a matter of mere surmise, for in a passage immediately fol-
lowing that which has been quoted the direction through the Gulf of St. Lawrence
toward Cape Breton is denoted by the term "versus Euronotum," leaving no possi-
bility of doubt that had the line directed to be drawn from the source of the St. Croix
been intended to have a northwestern bearing the appropriate Latin words would
have been employed.

It is, besides, to be recollected that the instrument was drawn by a person using
habitually and thinking in a modern idiom, and that in translating the English
words due north into Latin no other possible expression could suggest itself than the
one employed. Such, then, was the sense appropriately given to the Latin words,
first in the commission of Governor Wilmot and his successors, governors of Nova
Scotia, and subsequently in the commission of all the gorernors of New Brunswick
from the time that it was erected into a province until the question was referred to
the King of the Netherlands. In this reference, although a translation was given
in the American argument, it was not as quoted by Messrs. Featherstonhaugh and
Mudge, but was in the words which have already been cited.

Connected with this subject, although, like it, wholly irrelevant, is another con-
clusion which Messrs. Mudge and Featherstonhaugh attempt to draw from the same
grant to Sir William Alexander. That charter directs the line "versus septentrio-
nem" to be produced "ad proximam navium stationem, fluvium, vel scaturiginem
in magno fluvio de Canada sese exoiieranteni." It can hardly be credited that,
although a literal translation of this passage is given, including the whole of the
three terms naval station, river, or spring, that it is attempted to limit the meaning
to the first expression only, and to infer that as Quebec, in their opinion, is the first
naval station above Gaspe on the St. Lawrence, the line "versus septentrionem " was
intended to be drawn toward that place, but that as "spring" is also mentioned the
line must stop at the source of the Chaudiere. Now it has been uniformly maintained
by British authorities, and most strongly in the discussion which preceded the War
of 1756, that Nova Scotia extended to the St. Lawrence. The boundary of Sir Wil-
liam Alexander's grant was therefore to be changed from a geographical line to a
water course as soon as it met with one, and the apparently useless verbiage was
introduced to meet every possible contingency. Supposing, however, that it did not
extend so far, the northwest angle of his Nova Scotia will be where the meridian line
of the St. Croix crosses the Beaver Stream running into Lake Johnson, only a mile to
the north of the point maintained by the American claim to be such.

The map of L'Escarbot, quoted by Messrs. Mudge and Featherstonhaugh, illus-
trates both this point and the second instance in which the term " versus septentrio-
nem " is employed. On that map, due north of the Bay of St. Marys, a deep inlet of
the Bay of Fundy is represented, and, continuing in the same direction, a deep inlet
of the St. Lawrence is figured. The latter does not exist, but this map shows that
it was believed to exist at the time of the grant, and must be the " statio navium " of
that instrument.

This inlet of the Bay of Fundy occupies the position of the St. John, which is
almost due north by the most recent determination from St. Marys Bay, and is so
represented on their own map. That the St. John was by mistake arising from this
cause taken for the St. Croix in the charter to Alexander is obvious from its being
described as lying between the territories of the Etchemin and Souriquois. Now
Etchemin, or canoe men, is the name given by the Micmac Indians to the race of
the Abenakis, from their skill in the management of the canoe; and this race has
always inhabited the river, whence one of their tribes is still called St. John's Indians.
The language of this tribe, although they have lived apart for many years, is still per-
fectly intelligible by the Indians of the Penobscot, and those in the service of the com-
mission conversed with perfect ease with the Indians of Tobiqiie. Massachusetts,
then, was right in claiming to the St. John as the eastern limit of the grant to Sir
William Alexander, being the stream understood and described in it under the name of
St. Croix, and whollj- different from the river known to the French under that name.
If, therefore, Great Britain should insist that the question in relation to the Su Croix
shall be reopened, the United States would be able to maintain in the very terms of
the original grant to Alexander (on which the British argument in 1797 rested) that
the St. John is the St. Croix, and the boundary will be that river to its most north-
western source, the Asherbish, which flows into the upper end oi Lake Temiscouata.
Nova Scotia will then have recovered her lost northwest angle, which can not be

John Tyler 2000

found in any of the many shapes under which the British argument has been pre-
sented, although it forms the place of beginning of what is called a grant to the
United States.

Note VI.

The fact that a line drawn from the source of the Kennebec to the mouth of the
Chaudiere or thereabout must be one of the boundary lines of the grant to the Duke
of York has not escaped the notice of Messrs. Featherstonhaugh and Mudge; but
they have not derived the true result from this discovery. The Kennebec being the
western limit of the grant, the line in question bounds the territory on the southwest,
while they infer that it bounds it on the northeast. In making this inference they
appear to have forgotten that the St. Croix is the eastern boundary of the grant. By
their argument the grant to the Duke of York is blotted wholly from the map, or,
rather, becomes a mathematical line which is absurd.

Note VII.

No name which has ever been applied to any part of North America is as vague as
that of Acadie. The charter to De Monts in 1604 extended from the fortieth to the
forty-sixth degree of north latitude; that is to say, from Sandy Hook, at the mouth
of the Hudson, to the peninsula of Nova Scotia. It therefore included New York,
parts of New Jersey and Pennsylvania, and all the New England States, but excluded
the disputed territory. His settlement was at the mouth of the St. Croix, but was
speedily removed to Port Royal. The latter place was soon after destroyed by an
expedition from Virginia under Argall. Under the title derived from this conquest
it would appear probable that the celebrated grant to Sir William Stirling was made;
but when his agents attempted to make settlements in the country they found that
the French had preoccupied it. Although the son of Alexander succeeded in con-
quering the country granted to his father, and even beyond it to the Penobscot, it was
restored to France by the treaty of St. Germains in 1634, and the Alexanders were
indemnified for the loss by the Crown of England.

In the subsequent cessions to France after its occupations by the arms of Mas-
sachusetts, and in its final cession to Great Britain by the treaty of Utrecht in 1713,
the country ceded is described as Acadie or Nova Scotia, with its ancient bounds
(cum finibus antiquis}. The uncertainty arising from this vague description became
in 1750 a subject of controversy between France and England, and was one of the
causes which led to the war of 1756. In this discussion both parties admitted that
the names Acadie and Nova Scotia were convertible terms. England maintained
that the territory thus named extended to the St. Lawrence; the French, on the
other hand, insisted that their Acadie had never extended more than 10 leagues from
the Bay of Fundy; while by geographers, as quoted by the British commissioners,
the name was limited to the peninsula which forms the present Province of Nova
Scotia.* If Acadie had been limited to the north by the forty-sixth degree of north
latitude, as expressed in the charter of De Monts, that parallel is to the south of
Mars Hill. The British Government, therefore, derives no title to the disputed ter-
ritory from this source, as the title of Massachusetts and of Maine as her successor is
admitted to all country south of that parallel.!

It is very easy to tell what country was actually settled by the French as Acadie.
Its chief town was Port Royal, now Annapolis, at the head of the Bay of Fundy.
Nearly all the settlements of the Acadians were in that vicinity, and for the most
part within the peninsula.

From these seats they were removed in 1756 by Great Britain, and to them a rem-
nant was permitted to return. The most western settlement of Acadians was on the
St. John River near the present site of Fredericton, and no permanent occupation was
ever made by them of country west of the St. Croix. It is even doubtful whether the
settlement near Fredericton was a part of French Acadie, for it seems to have been
formed by persons who escaped from the general seizure and transportation of their
countrymen.

This' settlement was broken up in 1783, and its inhabitants sought refuge at Mada-
waska; but it can not be pretended that this forced removal of Acadians subsequent
to the treaty of 1783 was an extension of the name of their country. The whole

* Report of Featherstonhaugh and Mudge, p. S.

tit can not be seriously pretended that when by the treaty of St. Germains, in 1652, Acadie was
restored to France the intention was to cede to her the colonies already settled in Xew England.
Yet the language of the British commissioners would im^lv that this 'va-> tin- case were if not that
they evidently consider the forty-sixth parallel as the southern boundary ot the grant to L>e Mouts,
whereas it is the northern.

2OOI Messages and Papers of the Presidents

argument in favor of the British claim founded on the limits of ancient Acadie there,
fore fails:

First. Because of the inherent vagueness of the term, on which no settled under-
standing was ever had, although England held it to be synonymous with Nova Scotia
and France denied that it extended more than 10 leagues from the Bay of Fundy.

Second. Because by its original definition in the grant to De Monts it excludes the
whole disputed territory on the one side; and

Third. Because in its practical sense, as a real settlement, it is wholly to the east
of the meridian of the St. Croix, and this excludes the whole of the disputed terri-
tory on the other.

The portion of the territory granted to the Duke of York, and which is now the
subject of dispute, therefore can not be claimed as a part of Acadie, as it never fell
within its limits either by charter or by occupation.

Note VIII.
[Extract from the award of the King of the Netherlands.]

Considering that in 1763, 1765, 1773, and 1782 it was established that Nova Scotia
should be bounded at the north as far as the western extremity of the Bay des
Chaleurs by the southern boundary of the Province of Quebec; that this delimitation
is again found with respect to the Province of Quebec in the commission of the Gov-
ernor-General of Quebec of 1786, wherein the language of the proclamation of 1763
and of the Quebec act of 1774 has been used, as also in the commissions of 1786 and
others of subsequent dates of the governors of New Brunswick, with respect to the
last-mentioned Province, as well as in a great number of maps anterior and posterior
to the treaty of 1783; and that the first article of the said treaty specifies by name the
States whose independence is acknowledged; but that this mention does not imply
(implique] the entire coincidence of the boundaries between the two powers, as set-
tled by the following article, with the ancient delimitation of the British Provinces,
whose preservation is not mentioned in the treaty of 1783, and which, owing to its
continual changes and the uncertainty which continued to exist respecting it, created
from time to time differences between the provincial authorities.

Note IX.

[Article IV of the convention of 1827.]

The map called Mitchell's map, by which the framers of the treaty of 1783 are
acknowledged to have regulated their joint and official proceedings, and the Map A,
which has been agreed on by the contracting parties as a delineation of the water
courses, and of the boundary lines in reference to the said water courses, as con-
tended for by each party, respectively, and which has accordingly been signed by
the above-named plenipotentiaries at the same time with this convention, shall be
annexed to the statements of the contracting parties and be the only maps that shall
be considered as evidence mutually acknowledged by the contracting parties of the
topography of the country.

It shall, however, be lawful for either party to annex to its respective first state-
ment, for the purposes of general illustration, any of the maps, surveys, or topograph-
ical delineations which were filed with the commissioners under the fifth article of
the treaty of Ghent, any engraved map heretofore published, and also a transcript
of the above-mentioned Map A or of a section thereof, in which transcript each party
may lay down the highlands or other features of the country as it shall think fit, the
water courses and the boundary lines as claimed by each party remaining as laid
down in the said Map A. But this transcript, as well as all the other maps, surveys,
or topographical delineations, other than the Map A and Mitchell's map, intended to
be thus annexed by either party to the respective statements, shall be communicated
to the other party, in the same manner as aforesaid, within nine months after the
exchange of the ratifications of this convention, and shall be subject to such objec-
tions and observations as the other contracting party may deem it expedient to make
thereto, and shall annex to his first statement, either in the margin of such transcript,
map or maps, or otherwise.

Note X.
[Kxtract from the award of the King of the Netherlands.]

Considering that, according to the instances alleged, the term highlands applies
not only to a hilly or elevated country, but also to land which, without being hilly,
divides waters flowing in different directions, and that thus the character, more or

John Tyler

2002

less hilly and elevated, of the country through which are drawn the two lines respec-
tively claimed at the north and at the south of the river St. John can not form the
basis of a choice between them.

Note XL

The reason of the double delineation of the Restigouche on the map of Mitchell
and several others of ancient date is obvious. A mistake was common to them all by
which the Bay of Chaleurs was laid down too far to the north. The main branch, or
Grande Fourche, of Restigouche (Katawamkedgwick) has been reached by parties
setting out from the banks of the St. Lawrence at Metis, and was known to fall into
the Bay of Chaleurs, while the united stream had also been visited by persons cross-
ing the wagansis of Grand River and descending the Southwestern Branch. The map
makers could not, in consequence of the error in latitude, make their plat meet, and
therefore considered the part of the united streams reached in the two different direc-
tions as different bodies of water, and without authority sought an outlet for that
which they laid down as the southernmost of the two in another bay of the Gulf of
St. Lawrence. On many of the maps, however, the small stream which modern
geographers improperly call Restigouche is readily distinguishable under the name
of Chacodi.

Note XII.

In the argument of the British commis-
sioners under Jay's treaty the following
points were maintained, and, being sanc-
tioned by the decision of the umpire, be-
came the grounds of an award acceded to
by both Governments:

First. That the limits of Nova Scotia
had been altered from the southern bank
of the St. Lawrence to the highlands de-
scribed in the treaty of peace.

Second. That if the river Schoodiac
were the true St. Croix the northwest
angle of Nova Scotia could be formed by
the western and northern boundaries (the
meridian line and the highlands).

Third. That the territory of Acadie, or
Nova Scotia, was the same territory
granted to Sir William Alexander.

Fourth. That the sea and Atlantic
Ocean were used as convertible terms.

Fifth. That from the date of the treaty
of Utrecht the boundary between Massa-
chusetts and Nova Scotia was that of the
patent to Sir William Alexander.

Sixth. That the Provinces of Quebec
and Nova Scotia belonged to and were
in possession of His Britannic Majesty in
1783, and that he had an undoubted right
to cede to the United States such part of
them as he might think fit.

Seventh. That the due north line from
the source of the St. Croix must of neces-
sity cross the St. John.

It has since been maintained on the
part of Great Britain:

First. That the limits of Nova Scotia
never did extend to the St. Lawrence.

Second. That the northwest angle of
Nova Scotia was unknown in 1783.

Third. That Acadie extended south to
the forty-sixth degree of north latitude,
and was not the same with Nova Scotia.

Fourth. That the sea and the Atlantic
Ocean were different things.

Fifth. That the claims and rights of
Massachusetts did not extend to the west-
ern bounds of the grant to Sir William
Alexander.

Sixth. That this being the case the
cession of territory not included within
her limits is void.

Seventh. That it could never have been
intended that the meridian line should
cross the St. John.

Note XIII.

It has been pretended that the grant of the fief of Madawaska in 1683 can be
urged as a bar to the claim of Massachusetts. That fief, indeed, was among the early
grants of the French governors of Canada, but it is not included in the claim which
the French themselves set up. It was therefore covered by the Massachusetts char-
ter, because the grant had never been acted upon. Even up to the present day this
fief can hardly be said to be settled or occupied except by the retainers of the gar-
rison of Fort Ingall, and from all the evidence which could be found on the spot it
appeared that no settlement had ever been made upon it until the establishment of
a posthouse some time between the date of the treaties of 1783 and 1794. It therefore

2003 Messages and Papers of the Presidents

was not at the time the charter of Massachusetts was granted (1691) "actually pos-
sessed or inhabited by any other Christian prince or state."

An argument has also been attempted to be drawn from the limits given on Green-
leaf's map to a purchase made from the State of Massachusetts by Watkins and
Flint. This purchase is, however, by the patent extended to the highlands, and the
surveyors who laid it out crossed the Walloostook in search of them. Here they
met, at a short distance from that stream, with waters running to the north, which
they conceived to be waters of the St. Lawrence, and they terminated their survey.
The lines traced on Greenleaf 's map are therefore incorrect, either as compared with
the grant or the actual survey, and although from a want of knowledge of the coun-
try the surveyors stopped at waters running into Lake Temiscouata instead of the
St. Lawrence, the very error shows the understanding they had of the true design
of the patent, and this transaction, so far from being an available argument against
the American claim, is an act of possession at an early date within the limits of the
disputed territory.

WASHINGTON, April 8, 184.2.
To the Senate of the United States:

In compliance with your resolution of the 3ist March, 1842, I have
the honor to submit the accompanying document and report * from the
Commissioner of the General Land Office. JOHN TYLER

WASHINGTON, April ?, 1842.
To the House of Representatives of the United States:

I transmit herewith to the House of Representatives a report from the
Secretary of State, with a copy of the correspondence f requested by their
resolution of the yth instant. TOHN TYLER

WASHINGTON, April n, 1842.
To the Senate of the United States:

I herewith transmit a memorial % which I have received from the
Choctaw tribe of Indians and citizens of the State of Mississippi, with
a request that I should communicate the same to Congress. This I do
not feel myself at liberty to decline, inasmuch as I think that some
action by Congress is called for by justice to the memorialists and in
compliance with the plighted national faith. JOHN TYLER

WASHINGTON, April 12, 184.2.
To the Senate of the United States:

In further compliance with the resolution of the Senate of the 2d of
February last, requesting information touching the demarcation of the
boundary line between the United States and the Republic of Texas,
I transmit a report from the Secretary of State and the accompanying
documents. JQHN TyiJiR

* Relating to surveys ami sales of the public lands during 1^41 and 1842, etc.

t\Vith Great Britain relative to an international copyright law.

{Relating to au alleged violation by the Uiiited States ol the treaty of Dancing Rabbit Creek.

John Tyler 2004

WASHINGTON, April /j, 184.2.
To the Senate of the United States:

In compliance with a resolution of the Senate of the 2«4th of July last,
I communicate to that body a report from the Secretary of State, convey-
ing copies of the correspondence * which contains the information called
for by that resolution. jQHN TYIyER

WASHINGTON, April 13, 184.2.
To the Senate of the United States:

In compliance with a resolution of the Senate of the 29th July last, I
communicate to that body a report from the Secretary of State, convey-
ing copies of the correspondence f which contains the information called
for by said resolution.

In communicating these papers to the Senate I call their particular
attention to that portion of the report of the Secretary of State in which
he suggests the propriety of not making public certain parts of the cor-
respondence which accompanied it. TOHN TYI ER

WASHINGTON, April 18, 184.2.
To the Senate of the United States:

I have the honor to transmit herewith the report J of the Secretary of
State, in compliance with the resolution of the Senate of the i8th Feb-
ruary, 1842.

WASHINGTON, April 19, 184.2.
To the Senate of the United States:

I transmit herewith, in part compliance with a resolution of the Senate
of February 18, a report from the Secretary of War, inclosing a list of all
officers, agents, and commissioners employed under the War Department
who are not such by express provision of law, with other information
required by the resolution. JOHN TYLER

WASHINGTON, April /?, 184.2.
70 the House of Representatives:

I transmit herewith a report from the Secretary of War, containing a
list of appointments to office made in that Department since the 4th day
of April, 1841, in part compliance with the resolution of the House of
Representatives of the 2ist ultimo. TOHN TYT PR

*Of the diplomatic agent and minister of the United States at the Court of Austria relative to the
commercial interests of the United States.

t Between the Department of State and Belgium relative to the rejection by that Government of
the treaty ratified by the Senate February 9, 1833, and the causes of the delay in exchanging the
ratifications of the treaty ratified by the Senate December 31, 1840.

t Transmitting names of agents employed by the State "Department without express provision
of law.

2005 Messages and Papers of the Presidents

WASHINGTON, April 20, 184.2.
To the Senate and House of Representatives of the United States:

I submit to Congress a report from the Secretary of State, accompanied
by documents relating to an application by the captain and owners of
the Spanish ship Sabina* which is recommended to their favorable con-
sideration.

WASHINGTON, April 28, 184.2.
To the Senate, of the United States:

I submit to the Senate, for the constitutional action of that body, a
treaty concluded on the 1 1 th day of August last with the Minda Wau-
kautoii bands of the Dakota or Sioux Nation of Indians, with the papers
necessary to an understanding of the subject. JOHN TYT FR

WASHINGTON, April 28, 184.2.
To the Senate of the United States:

I submit to the Senate, for the constitutional action of that body, a
treaty concluded with the half-breeds of the Dakota or Sioux Nation on
the 3ist day of July last, together with the papers referred to in the
accompanying communication from the Secretary of War as necessary to
a full view of the whole subject. JOHN TYI ER

WASHINGTON, April jo, 184.2.
To the House of Representatives of the United States:

In compliance with your resolution of the 2Qth instant, I have the
honor to transmit the reports of Messrs. Kelley and Steuart, two of the
commissioners originally appointed, along with Mr. Poindexter, to inves-
tigate the affairs of the custom-house of New York, together with all
the correspondence and testimony accompanying the same, and also the
report of Mr. Poindexter, to which is annexed two letters, subscribed by
Mr. Poindexter and Mr. Bradley. The last-named gentleman was sub-
stituted in the place of Mr. Kelley, whose inclinations and duties called
him to his residence in Ohio after the return of the commissioners to this
city, about the last of August. One of the letters just mentioned was
addressed to the Secretary of the Treasury and bears date the i2th of
April instant, and the other to myself, dated the 2oth of this month.
From the former you will learn that a most interesting portion of the
inquiry instituted by this Department (viz, that relating to light-houses,
buoys, beacons, revenue cutters, and revenue boats) is proposed to be
made the subject of a further report by Messrs. Bradley and Poindexter.
You will also learn, through the accompanying letter from Mr. Steuart,

* For compensation for rescuing and supporting the captain, supercargo, and 17 officers and men
of the American ship Courier, of New York, which foundered at sea, and landing them safely at
the Cape of Good Hope.

John Tyler 2006

the reasons which have delayed him in making a supplemental and addi-
tional report to that already made by himself and Mr. Kelley, embra-
cing his views and opinions upon the developments made subsequent
to the withdrawal of Mr. Kelley from the commission and the substi-
tution of Mr. Bradley in his place. I also transmit two documents
furnished by Mr. Steuart, and which were handed by him to the Sec-
retary of the Treasury on the yth instant, the one being "memoranda
of proceedings," etc., marked No. i, and the other "letters accompany-
ing memoranda," etc., marked No. 2.

The commission was instituted for the purpose of ascertaining existing
defects in the custom-house regulations, to trace to their true causes past
errors, to detect abuses, and by wholesome reforms to guard in future
not only against fraud and peculation, but error and mismanagement.
For these purposes a selection was made of persons of acknowledged
intelligence and industry, and upon this task they have been engaged
for almost an entire year, and their labors remain yet to be completed.
The character of those labors may be estimated by the extent of Messrs.
Kelley and Steuart 's report, embracing about 100 pages of closely written
manuscript, the voluminous memoranda and correspondence of Mr.
Steuart, the great mass of evidence accompanying Messrs. Kelley and
Steuart' s report, and the report of Mr. Poindexter, extending over 394
pages, comprised in the volume accompanying this, and additional reports
still remaining to be made, as before stated.

I should be better pleased to have it in my power to communicate
the entire mass of reports made and contemplated to be made at one
and the same time, and still more should I have been gratified if time
could have been allowed me, consistently with the apparent desire of the
House of Representatives to be put into immediate possession of these
papers, to have compared or even to have read with deliberation the views
presented by the commissioners as to proposed reforms in the revenue
laws, together with the mass of documentary evidence and information
by which they have been explained and enforced and which do not admit
of a satisfactory comparison until the whole circle of reports be completed.
Charges of malfeasance against some of those now in office will devolve
upon the Executive a rigid investigation into their extent and character,
and will in due season claim my attention. The readiness, however,
with which the House proposes to enter upon the grave and difficult
subjects which these papers suggest having anticipated that considera-
tion of them by the Executive which their importance demands, it only
remains for me, in lieu of specific recommendations, which under other
circumstances it would have been my duty to make, to urge upon Con-
gress the importance and necessity of introducing the earliest reforms
in existing laws and usages, so as to guard the country in future against
frauds in the collection of the revenues and the Treasury against pecula-
tion, to relieve trade and commerce from oppressive regulations, and to
guard law and morality against violation and abuse.

As from their great volume it has been necessary to transmit the original

2007 Messages and Papers of the Presidents

papers to the House, I have to suggest the propriety of the House taking
order for their restoration to the Treasury Department at such time as
may comport with its pleasure. JOHN TYLER

WASHINGTON, May 2, 184.2.
To the House of Representatives of the United States:

I have this day received and now transmit to the House of Repre-
sentatives the accompanying communication from Benjamin F. Butler,
having relation to the reports of the commissioners appointed by me to
examine into the affairs connected with the New York custom-house.
As the whole subject is in possession of the House, I deem it also proper
to communicate Mr. Butler's letter. JOHN TYLER

WASHINGTON, May 10, 184.2.
To the Senate and House of Representatives:

The season for active hostilities in Florida having nearly terminated,
my attention has necessarily been dfrected to the course of measures to
be pursued hereafter in relation to the few Indians yet remaining in that
Territory. Their number is believed not to exceed 240, of whom there
are supposed to be about 80 warriors, or males capable of bearing arms.
The further pursuit of these miserable beings by a large military force
seems to be as injudicious as it is unavailing. The history of the last
year's campaign in Florida has satisfactorily shown that notwithstanding
the vigorous and incessant operations of our troops (which can not be
exceeded), the Indian mode of warfare, their dispersed condition, and the
very smallness of their number (which increases the difficulty of finding
them in the abundant and almost inaccessible hiding places of the Terri-
tory) render any further attempt to secure them by force impracticable
except by the employment of the most expensive means. The exhibi-
tion of force and the constant efforts to capture or destroy them of course
places them beyond the reach of overtures to surrender. It is believed
by the distinguished officer in command there that a different system
should now be pursued to attain the entire removal of all the Indians
in Florida, and he recommends that hostilities should cease unless the
renewal of them be rendered necessary by new aggressions; that commu-
nications should be opened by means of the Indians with him to insure
them a peaceful and voluntary surrender, and that the military operations
should hereafter be directed to the protection of the inhabitants.

These views are strengthened and corroborated by the governor of the
Territory, by many of its most intelligent citizens, and by numerous offi-
cers of the Army who have served and are still serving in that region.
Mature reflection has satisfied me that these recommendations are sound
and just; and I rejoice that consistently with duty to Florida I may
indulge my desire to promote the great interests of humanity and extend

John Tyler 2008

the reign of peace and good will by terminating the unhappy warfare
that has so long been carried on there, and at the .same time gratify
my anxiety to reduce the demands upon the Treasury by curtailing the
extraordinary expenses which have attended the contest. I have there-
fore authorized the colonel in command there as soon as he shall deem
it expedient to declare that hostilities against the Indians have ceased,
and that they will not be renewed unless provoked and rendered indis-
pensable by new outrages on their part, but that neither citizens nor
troops are to be restrained from any necessary and proper acts of self-
defense against any attempts to molest them. He is instructed to open
communications with those yet remaining, and endeavor by all peaceable
means to persuade them to consult their true interests by joining their
brethren at the West; and directions have been given for establishing
a cordon or line of protection for the inhabitants by the necessary num-
ber of troops.

But to render this system of protection effectual it is essential that
settlements of our citizens should be made within the line so established,
and that they should be armed, so as to be ready to repel any attack. In
order to afford inducements to such settlements, I submit to the consid-
eration of Congress the propriet)'' of allowing a reasonable quantity of
land to the head of each family that shall permanently occupy it, and
of extending the existing provisions on that subject so as to permit the
issue of rations for the subsistence of the settlers for one year; and as
few of them will probably be provided with arms, it would be expedient
to authorize the loan of muskets and the delivery of a proper quantity of
cartridges or of powder and balls. By such means it is to be hoped that
a hardy population will soon occupy the rich soil of the frontiers of
Florida, who will be as capable as willing to defend themselves and their
houses, and thus relieve the Government from further anxiety or expense
for their protection. JOHN

WASHINGTON, May ij, 184.2,
To the House of Representatives of the United States:

I transmit herewith a report* from the Postmaster- General, made in
pursuance of the resolution of the House of Representatives of the 2ist
of March last, together with the accompanying documents.

JOHN TYLER.

„, ,r 0 WASHINGTON, May 16, 184.2.

lo the Senate:

Having directed hostilities in Florida to cease, the time seems to have
arrived for distinguishing with appropriate honors the brave army that
have so long encountered the perils of savage warfare in a country pre-
senting every imaginable difficulty and in seasons and under a climate

* Transmitting; lists of postmasters and others appointed by the President and Post-Office Depart-
ment from April 4, 1841, to March 21, 1842.

2009 Messages and Papers of the Presidents

fruitful of disease. The history of the hardships which our soldiers have
endured, of the patience and perseverance which have enabled them to
triumph over obstacles altogether unexampled, and of the gallantry which
they have exhibited on every occasion which a subtle and skulking foe
would allow them to improve is so familiar as not to require repetition
at my hands. But justice to the officers and men now in Florida demands
that their privations, sufferings, and dauntless exertions during a sum-
mer's campaign in such a climate, which for the first time was witnessed
during the last year, should be specially commended. The foe has not
been allowed opportunity either to plant or to cultivate or to reap. The
season, which to him has usually been one of repose and preparation for
renewed conflict, has been vigorously occupied by incessant and harassing
pursuit, "by penetrating his hiding places and laying waste his rude dwell-
ings, and by driving him from swamp to swamp and from everglade to
everglade. True, disease and death have been encountered at the same
time and in the same pursuit, but they have been disregarded by a brave
and gallant army, determined on fulfilling to the uttermost the duties
assigned them, however inglorious they might esteem the particular serv-
ice in which they were engaged.

To all who have been thus engaged the executive department, re-
sponding to the universal sentiment of the country, has already awarded
the meed of approbation. There must, however, in all such cases be some
who, availing themselves of the occasions which fortune afforded, have
distinguished themselves for ' ' gallant actions and meritorious conduct ' '
beyond the usual high gallantry and great merit which an intelligent
public opinion concedes to the whole Army. To express to these the
sense which their Government cherishes of their public conduct and to
hold up to their fellow-citizens the bright example of their courage, con-
stancy, and patriotic devotion would seem to be but the performance of
the very duty contemplated by that provision of our laws which author-
izes the issuing of brevet commissions.

Fortunately for the country, a long peace, interrupted only by difficul-
ties with Indians at particular points, has afforded few occasions for the
exercise of this power, and it may be regarded as favorable to the encour-
agement of a proper military spirit throughout the Army that an oppor-
tunity is now given to evince the readiness of the Government to reward
unusual merit with a peculiar and lasting distinction.

I therefore nominate to the Senate the persons whose names are con-
tained in the accompanying list* for brevet commissions for services in
Florida. That the number is large is evidence only of the value of the
services rendered during a contest that has continued nearly as long as
the War of the Revolution. The difficulty has been to reduce the num-
ber as much as possible without injustice to any, and to accomplish this
great and mature consideration has been bestowed on the case of every
officer who has served in Florida. TOIIN TYI FR

* Omitted.

John Tyler 2010

WASHINGTON, May 24., 184.2.
To the Senate of the United States:

I transmit herewith to the Senate a treaty recently concluded with
the Wyandott tribe of Indians, and request the advice and consent
of the Senate to the ratification of the same as proposed to be modified
by the War Department, JQHN TYI/ER

WASHINGTON, June /, 184.2.
To the Senate of the United States:

I herewith transmit a report from the Acting Commissioner of the
General Land Office and the documents accompanying the same (from
No. i to No. 7), in relation to the conduct of N. P. Taylor, present reg-
ister and former clerk in the land office at St. Louis, in compliance with
your resolution of the gth May. JOHN TYLER

WASHINGTON, June 10, 184.2.
To the Senate of the United States:

I submit herewith a treaty concluded at Buffalo Creek on the 2oth day
of May last between the United States and the Seneca Nation of Indians,
for your advice and consent to its ratification, together with a report on
the subject from the War Department. JOHN TYLER

WASHINGTON, June sj, 184.2.
To the Senate of the United States:

In compliance with a resolution of the Senate of the 2d of March last,
requesting information touching proceedings under the convention of the
i ith of April, 1839, between the United States and the Mexican Republic,
I transmit a report from the Secretary of State, with the accompanying
documents. JQHN

WASHINGTON, June 75, 184.2.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 29th of March
last, calling for information touching the relations between the United
States and the Mexican Republic, I transmit a report from the Secretary
of State, with the accompanying documents.*

JOHN TYLER.

WASHINGTON, June 77, 184.2.
To the House of Representatives:

I herewith transmit a report from the Secretary of the Treasury, which,
accompanied by copies of certain letters of Mr. Ewing, late Secretary of

* Correspondence respecting certain citizens of the United States captured with the Texan expe-
dition to Santa Fe, and held in confinement in Mexico.

2on Messages and Papers of the Presidents

the Treasury, and a statement* from the Treasury Department, com-
pletes the answer, a part of which has heretofore been furnished, to your
resolution of the yth of February last, and complies also with your reso-
lution of the 3d instant. JOHN TYLER

WASHINGTON, June 20, 184.2.
To the House of Representatives:

A resolution of the House of Representatives of the i3th instant has
been communicated to me, requesting, "so far as may be compatible
with the public interest, a copy of the quintuple treaty between the five
powers of Europe for the suppression of the African slave trade, and
also copies of any remonstrance or protest addressed by Lewis Cass, envoy
extraordinary and minister plenipotentiary of the United States at the
Court of France, to that Government, against the ratification by France
of the said treaty , and of all correspondence between the Governments of
the United States and of France, and of all communications from the
said Lewis Cass to his own Government and from this Government to
him relating thereto. ' '

In answer to this request I have to say that the treaty mentioned
therein has not been officially communicated to the Government of the
United States, and no authentic copy of it, therefore, can be furnished.
In regard to the other papers requested, although it is my hope and
expectation that it will be proper and convenient at an early day to lay
them before Congress, together with others connected with the same
subjects, yet in my opinion a communication of them to the House of
Representatives at this time would not be compatible with the publir
interest. JOHN TYLER.

WASHINGTON, June 22, 184.2.
To the Senate of the United States:

In compliance with a resolution of the Senate of the i5th of Apri1,
last, I communicate to the Senate a report from the Secretary of State,
accompanying copies of the correspondence f called for by said resolution.

JOHN TYLER.

WASHINGTON, June 24., 184.2.
To the Senate of the United States:

I transmit herewith to the Senate the translation of a letter \ addressed
by the minister of France at Washington to the Secretary of State of the
United States and a copy of the answer given thereto by my direction,
and invite to the subject of the minister's letter all the consideration due

* Of expenses of the commission to investigate the New Yorkcustoin-hou.se, etc.
t Relating to the conduct and character of William 15. Hodgson (nominated to be consul at Tunis)
while dragoman at Constantinople,
t KcUitiuif to the establishment of a line of steamers between Havre and Xew York.

John Tyler 2012

to its importance and to a proposition originating in a desire to promote
mutual convenience and emanating from a Government with which it is
both our interest and our desire to maintain the most amicable relations.

JOHN TYLER.

[The same message was sent to the House of Representatives.]

WASHINGTON, June 24., 184.2.
To the Senate of the United States :

In compliance with the resolution of the Senate of the i6th of Febru-
ary last, I herewith transmit a letter * from the Secretary of State and
the papers in that Department called for by the resolution aforesaid.

JOHN TYLER.

WASHINGTON, June 25, 184.2.
To the House of Representatives:

I have this day approved and signed an act, which originated in the
House of Representatives, entitled "An act for an apportionment of Rep-
resentatives among the several States according to the Sixth Census,"
and have caused the same to be deposited in the office of the Secretary
of State, accompanied by an exposition of my reasons for giving to it my
sanction. JQHN

[Transmitted to the House of Representatives by the Secretary of State in compliance with a

resolution of that body.]

WASHINGTON, June 25, 1842.

\ BILL entitled "An act for an apportionment of Representatives among the several States
according to the Sixth Census," approved June 25, 1842.

In approving this bill I feel it due to myself to say, as well that my motives for
signing it may be rightly understood as that my opinions may not be liable to be
misconstrued or quoted hereafter erroneously as a precedent, that I have not pro-
ceeded so much upon a clear and decided opinion of my own respecting the consti-
tutionality or policy of the entire act as from respect to the declared will of the two
Houses of Congress.

In yielding my doubts to the matured opinion of Congress I have followed the
advice of the first Secretary of State to the first President of the United States and
the example set by that illustrious citizen upon a memorable occasion.

When I was a member of either House of Congress I acted under the conviction
that to doubt as to the constitutionality of a law was sufficient to induce me to give
my vote against it; but I have not been able to bring myself to believe that a doubt-
ful opinion of the Chief Magistrate ought to outweigh the solemnly pronounced
opinion of the representatives of the people and of the States.

One of the prominent features of the bill is that which purports to be mandatory
or, the States to form districts for the choice of Representatives to Congress, in single
districts. That Congress itself has power by law to alter State regulations respecting
the manner of holding elections for Representatives is clear, but its power to com-
mand the States to make new regulations or alter their existing regulations is the
question upon which I have felt deep and strong doubts. 1 have yielded those

*'rr.'ui*mittinsr names and compensation of employees and witnesses in connection with the
commission of inquiry relative to the public buildings in Washington, I). C.

2013 Messages and Papers of the Presidents

•»>

doubts, however, to the opinion of the Legislature, giving effect to their enactment
as far as depends on my approbation, and leaving questions which may arise here-
after, if unhappily such should arise, to be settled by full consideration of the several
provisions of the Constitution and the laws and the authority of each House to
judge of the elections, returns, and qualifications of its own members.

Similar considerations have operated with me in regard to the representation of
fractions above a moiety of the representative number, and where such moiety exceeds
30,000 — a question on which a diversity of opinion has existed from the foundation
of the Government. The provision recommends itself from its nearer approxima-
tion to equality than would be found in the application of a common and simple
divisor to the entire population of each State, and corrects in a great degree those
inequalities which are destined at the recurrence of each succeeding census so greatly
to augment.

In approving the bill I natter myself that a disposition will be perceived on my
part to concede to the opinions of Congress in a matter which may conduce to the
good of the country and the stability of its institutions, upon which my own opinion
is not clear and decided. But it seemed to me due to the respectability of opin-
ion against the constitutionality of the bill, as well as to the real difficulties of the
subject, which no one feels more sensibly than I do, that the reasons which have
determined me should be left on record. TOHN TYLER

WASHINGTON, July z, 1842.
To the Senate of the United States:

In pursuance of the suggestions contained in the accompanying letter
from the Secretary of the Navy and of my own convictions of their pro-
priety, I transmit to the Senate the report made by Lieutenant Wilkes,
commander of the exploring expedition, relative to the Oregon Terri-
tory. Having due regard to the negotiations now pending between this
Government and the Government of Great Britain through its special
envoy, I have thought it proper to communicate the report confidentially
to the Senate. JQHN Tyi^R

WASHINGTON, July 2, 184.2.
To the Senate and House of Representatives of the United States:

I submit to Congress the printed copy of certain resolutions of the
legislature of the State of Louisiana, accompanied by a letter from the
Senators and Representatives from that State, and also a letter from
the Solicitor of the Treasury and Commissioner of the General Land
Office, requesting and recommending that a suit in ejectment may be
authorized and directed in order to test the validity of a grant made on
the 2oth of June, 1797, by the Baron de Carondelet, Governor- General
of Louisiana, to the Marquis de Maison Rouge.

The magnitude of this claim renders it highly desirable that a speedy
termination should be put to all contest concerning it, and I therefore
recommend that Congress shall authorize such proceedings as may be
best calculated to bring it to a close TOHN TYI FR

John Tyler 2014

WASHINGTON, July p, 184.2.
To the House of Representatives of the United States:

In compliance with the resolution of the House of Representatives of
the 2ist ultimo, requesting information relative to proceedings of this
Government in the case of George Johnson, a citizen of the United
States aggrieved by acts of authorities of the Republic of Uruguay, I
transmit a report from the Secretary of State with the accompanying

papers> JOHN TYLER.

WASHINGTON, July if, 184.2.
To the House of Representatives of the United States:

In answer to the resolution of the House of Representatives of the
1 2th instant, requesting copies of papers upon the subject of the rela-
tions between the United States and the Mexican Republic, I transmit
a report from the Secretary of State and the documents by which it was
accompanied. JOHN

WASHINGTON, July 14., 184.2.
To the Senate of the United States:

In compliance with the resolution of the Senate of the nth instant,
calling for the recent correspondence between the Republic of Mexico
and this Government in relation to Texas, I transmit a report from the
Secretary of State, with the accompanying documents.

JOHN TYLER.

WASHINGTON, July 20, 184,2.
To the House of Representatives of the United States:

In further compliance with the resolution of the House of Represent-
atives of the 29th of April last, I transmit herewith a supplemental
and additional report of William M. Steuart, one of the commissioners
appointed to investigate the affairs of the New York custom-house, which
has recently been received, and which, like the reports of the commis-
sioners heretofore communicated to the House, I have not had an oppor-
tunity to examine. For the reason stated in my message to the House
of the 3oth of April last, I shall abstain, as I have done hitherto, from
recommending any specific measures which might be suggested by an
examination of the various reports on the subject.

JOHN TYLER.

WASHINGTON, July 22, 184.2.
To the House of Representatives of the United States:

In answer to the resolution of the House of Representatives of the
i3th instant, upon the subject of the relations between the United States

2015 Messages and Papers of the Presidents

and the Republic of Texas, I transmit a report from the Secretary of
State. My last communication to Congress relating to that Republic
was my message of the 3Oth of March last, suggesting the expediency
of legislative provisions for improving the trade and facilitating the
intercourse by post between the United States and Texas. The report
of the Secretary of State is accompanied by a copy of all the correspond-
ence between the two Governments since that period which it would
be compatible with the public interest to communicate to the House of
Representatives at this time, TOHN TYLER

WASHINGTON, August 8, 184.2.
To the Senate of the United States:

In the communication made to the Senate on the i3th of June, in
answer to its resolution of the 2d of March last, there appears to have
been, among other papers, sundry letters addressed to the Department
of State by certain claimants or their agents containing reflections upon
the character of the umpire appointed by His Prussian Majesty pursuant
to the convention between the United States and the Mexican Repub-
lic of the nth of April, 1839. As the call was for all communications
which had been addressed to the Department of State by any of the claim-
ants under that convention relative to the proceedings and progress of
the mixed commission, the copies were prepared and submitted without
attracting the attention either of the head of the Department or myself.
If those letters had been noticed, their transmission to the Senate, if
transmitted at all, would have been accompanied by a disclaimer on the
part of the Executive of any intention to approve such charges. The
Executive has no complaint to make against the conduct or decisions of
the highly respectable person appointed by his sovereign umpire between
the American and Mexican commissioners, JOHN" TVT VR

WASHINGTON, August TO, 184.2.
To the Senate of the United States:

In compliance with your resolution of the iSth July, I herewith trans-
mit a letter from the Acting Secretary of the Treasury and a report from
the Commissioner of Public Buildings, together with the accompanying
documents.* JQHN

WASHINGTON, August if, 184.2.
To the Senate of the United States:

I have the satisfaction to communicate to the Senate the results of the
negotiations recently had in this city with the British minister, special
and extraordinary.

* Relating to the macadamizing of Pennsylvania avenue, Washington, D. C.

John Tylet 2016

'These results comprise —

First. A treaty to settle and define the boundaries between the terri-
tories of the United States aud the possessions of Her Britannic Majesty
in North America, for the suppression of the African slave trade, and the
surrender of criminals fugitive from justice in certain cases.

Second. A correspondence on the subject of the interference of the
colonial authorities of the British West Indies with American merchant
vessels driven by stress of weather or carried by violence into the ports
of those colonies.

Third. A correspondence upon the subject of the attack and destruc-
tion of the steamboat Caroline.

Fourth. A correspondence on the subject of impressment.

If this treaty shall receive the approbation of the Senate, it will termi-
nate a difference respecting boundary which has long subsisted between
the two Governments, has been the subject of several ineffectual at-
tempts at settlement, and has sometimes led to great irritation, not with-
out danger of disturbing the existing peace. Both the United States
and the States more immediately concerned have entertained no doubt
of the validity of the American title to all the territory which has been
in dispute, but that title was controverted and the Government of the
United States had agreed to make the dispute a subject of arbitration.
One arbitration had been actually had, but had failed to settle the con-
troversy, and it was found at the commencement of last year that a cor-
respondence had been in progress between the two Governments for a
joint commission, with an ultimate reference to an umpire or arbitrator
with authority to make a final decision. That correspondence, however,
had been retarded by various occurrences, and had come to no definite
result when the special mission of Lord Ashburton was announced.
This movement on the part of England afforded in the judgment of the
Executive a favorable opportunity for making an attempt to settle this
long-existing controversy by some agreement or treaty without further
reference to arbitration.

It seemed entirely proper that if this purpose were entertained consul-
tation should be had with the authorities of the States of Maine and
Massachusetts. Letters, therefore, of which copies are herewith com-
municated, were addressed to the governors of those States, suggesting
chat commissioners should be appointed by each of them, respectivel)', to
repair to this city and confer with the authorities of this Government on
a line by agreement or compromise, with its equivalents and compensa-
tions. This suggestion was met by both States in a spirit of candor and
patriotism aud promptly complied with. Four commissioners on the part
of Maine and three on the part of Massachusetts, all persons of distinc-
tion and high character, were duly appointed and commissioned and lost
no time in presenting themselves at the seat of the Government of the
United States. These commissioners have been in correspondence with

2017 Messages and Papers of the Presidents

this Government during the period of the discussions; have enjoyed its
confidence and freest communications; have aided the general object with
their counsel and advice, and in the end have unanimously signified their
assent to the line proposed in the treaty.

Ordinarily it would be no easy task to reconcile and bring together
such a variety of interests in a matter in itself difficult and perplexed,
but the efforts of the Government in attempting to accomplish this
desirable object have been seconded and sustained by a spirit of accom-
modation and conciliation on the part of the States concerned, to which
much of the success of these efforts is to be ascribed.

Connected with the settlement of the line of the northeastern bound-
ary, so far as it respects the States of Maine and Massachusetts, is the
continuation of that line along the highlands to the north westernmost
head of Connecticut River. Which of the sources of that stream is
entitled to this character has been matter of controversy and of some
interest to the State of New Hampshire. The King of the Netherlands
decided the main branch to be the northwesternmost head of the Con-
necticut. This did not satisfy the claim of New Hampshire. The line
agreed to in the present treaty follows the highlands to the head of
Halls Stream and thence down that river, embracing the whole claim
of New Hampshire and establishing her title to 100,000 acres of terri-
tory more than she would have had by the decision of the King of the
Netherlands.

By the treaty of 1783 the line is to proceed down the Connecticut
River to the forty-fifth degree of north latitude, and thence west by that
parallel till it strikes the St. Lawrence. Recent examinations having
ascertained that the line heretofore received as the true line of latitude
between those points was erroneous, and that the correction of this error
would not only leave on the British side a considerable tract of territory
heretofore supposed to belong to the States of Vermont and New York,
but also Rouses Point, the site of a military work of the United States,
it has been regarded as an object of importance not only to establish the
rights and jurisdiction of those States up to the line to which they have
been considered to extend, but also to comprehend Rouses Point within
the territory of the United States. The relinquishment by the British
Government of all the territory south of the line heretofore considered
to be the true line has been obtained, and the consideration for this
relinquishment is to inure by the provisions of the treaty to the States
of Maine and Massachusetts

The line of boundary, then, from the source of the St. Croix to the
St. Lawrence, so far as Maine and Massachusetts are concerned, is fixed
by their own consent and for considerations satisfactory to them, the
chief of these considerations being the privilege of transporting the lum-
ber and agricultural products grown and raised in Maine on the waters of
the St. Johns and its tributaries down that river to the ocean free from

John Tyler 2018

imposition or disability. The importance of this privilege, perpetual in
its terms, to a country covered at present by pine forests of great value,
and much of it capable hereafter of agricultural improvement, is not a
matter upon which the opinion of intelligent men is likely to be divided.

So far as New Hampshire is concerned, the treaty secures all that she
requires, and New York and Vermont are quieted to the extent of their
claim and occupation. The difference which would be made in the north-
ern boundary of these two States by correcting the parallel of latitude
may be seen on Tanner's maps (1836), new atlas, maps Nos. 6 and 9.

From the intersection of the forty-fifth degree of north latitude with
the St. Lawrence and along that river and the lakes to the water com-
munication between Lake Huron and Lake Superior the line was defini-
tively agreed on by the commissioners of the two Governments under
the sixth article of the treaty of Ghent; but between this last-mentioned
point and the Lake of the Woods the commissioners acting under the
seventh article of that treaty found several matters of disagreement, and
therefore made no joint report to their respective Governments. The
first of these was Sugar Island, or St. Georges Island, lying in St. Marys
River, or the water communication between Lakes Huron and Superior.
By the present treaty this island is embraced in the territories of the
United States. Both from soil and position it is regarded as of much
value.

Another matter of difference was the manner of extending the line
from the point at which the commissioners arrived, north of Isle Roy ale,
in Lake Superior, to the Lake of the Woods. The British commissioner
insisted on proceeding to Fond du Lac, at the southwest angle of the
lake, and thence by the river St. Louis to the Rainy Lake. The Ameri-
can commissioner supposed the true course to be to proceed by way of
the Dog River. Attempts were made to compromise this difference, but
without success. The details of these proceedings are found at length
in the printed separate reports of the commissioners.

From the imperfect knowledge of this remote country at the date of
the treaty of peace, some of the descriptions in that treaty do not har-
monize with its natural features as now ascertained. ' ' Long Lake' ' is
nowhere to be found under that name. There is reason for supposing,
however, that the sheet of water intended by that name is the estuary at
the mouth of Pigeon River. The present treaty therefore adopts that
estuary and river, and afterwards pursues the usual route across the
height of land by the various portages and small lakes till the line
reaches Rainy Lake, from which the commissioners agreed on the exten-
sion of it to its termination in the northwest angle of the Lake of the
Woods. The region of country on and near the shore of the lake
between Pigeon River on the north and Fond du Lac and the river St.
Louis on the south and west, considered valuable as a mineral region,
is thus included within the United States. It embraces a territory of

2oi9 Jlfessages and Papers of the Presidents

4,000,000 acres northward of the claim set up by the British commis-
sioner under the treaty of Ghent. From the height of land at the head
of Pigeon River westerly to the Rainy Lake the country is understood
to be of little value, being described by surveyors and marked on the
map as a region of rock and water.

From the northwest angle of the Lake of the Woods, which is found
to be in latitude 45° 23' 55" north, existing treaties require the line to be
run due south to its intersection with the forty-fifth parallel, and thence
along that parallel to the Rocky Mountains.

After sundry informal communications with the British minister upon
the subject of the claims of the two countries to territory west of the
Rocky Mountains, so little probability was found to exist of coming to
any agreement on that subject at present that it was not thought expe-
dient to make it one of the subjects of formal negotiation to be entered
upon between this Government and the British minister as part of his
duties under his special mission.

By the treaty of 1783 the line of division along the rivers and lakes
from the place where the forty-fifth parallel of north latitude strikes the
St. Lawrence to the outlet of Lake Superior is invariably to be drawn
through the middle of such waters, and not through the middle of their
main channels. Such a line, if extended according to the literal terms of
the treaty, would, it is obvious, occasionally intersect islands. The man-
ner in which the commissioners of the two Governments dealt with this
difficult subject may be seen in their reports. But where the line thus
following the middle of the river or water course did not meet with
islands, yet it was liable sometimes to leave the only practicable navi-
gable channel altogether on one side. The treaty made no provision
for the common use of the waters by the citizens and subjects of both
countries.

It has happened, therefore, in a few instances that the use of the river
in particular places would be greatly diminished to one party or the other
if in fact there was not a choice in the use of channels and passages.
Thus at the Long Sault, in the St. Lawrence — a dangerous passage,
practicable only for boats — the only safe run is between the Long Sault
Islands and Barnharts Island (all which belong to the United States) on
one side and the American shore on the other. On the other hand, by
far the best passage for vessels of any depth of water from Lake Krie
into the Detroit River is between Bois Blanc, a British island, and the
Canadian shore. So again, there are several channels or passages, of
different degrees of facility and usefulness, between the several islands
in the river St. Clair at or near its entry into the lake of that name. In
these three cases the treaty provides that all the several passages and
channels shall be free and open to the use of the citizens and subjects of
both parties.

The treaty obligations subsisting between the two countries for the

John Tylei 2020

suppression of the African slave trade and the complaints made to this
Government within the last three or four years, many of them but too
well founded, of the visitation, seizure, and detention of American ves-
sels on that coast by British cruisers could not but form a delicate and
highly important part of the negotiations which have now been held.

The early and prominent part which the Government of the United
States has taken for the abolition of this unlawful and inhuman traffic is
well known. By the tenth article of the treaty of Ghent it is declared
that the traffic in slaves is irreconcilable with the principles of humanity
and justice, and that both His Majesty and the United States are desir-
ous of continuing their efforts to promote its entire abolition; and it is
thereby agreed that both the contracting parties shall use their best
endeavors to accomplish so desirable an object. The Government of the
United States has by law declared the African slave trade piracy, and at
its suggestion other nations have made similar enactments. It has not
been wanting in honest and zealous efforts, made in conformity with
the wishes of the whole country, to accomplish the entire abolition of the
traffic in slaves upon the African coast, but these efforts and those of
other countries directed to the same end have proved to a considerable
degree unsuccessful. Treaties are known to have been entered into some
years ago between England and France by which the former power,
which usually maintains a large naval force on the African station, was
authorized to seize and bring in for adjudication vessels found engaged
in the slave trade under the French flag.

It is known that in December last a treaty was signed in London by
the representatives of England, France, Russia, Prussia, and Austria hav-
ing for its professed object a strong and united effort of the five powers
to put an end to the traffic. This treaty was not officially communicated
to the Government of the United States, but its provisions and stipula-
tions are supposed to be accurately known to the public. It is under-
stood to be not yet ratified on the part of France.

Xo application or request has been made to this Government to become
party to this treaty, but the course it might take in regard to it has
excited no small degree of attention and discussion in Europe, as the
principle upon which it is founded and the stipulations which it contains
have caused warm animadversions and great political excitement.

In my message at the commencement of the present session of Congress
I endeavored to state the principles which this Government supports
respecting the right of search and the immunity of flags. Desirous of
maintaining those principles fully, at the same time that existing obliga-
tions should be fulfilled, I have thought it most consistent with the honor
and dignity of the country that it should execute its own laws and per-
form its own obligations by its own means and its own power.

The examination or visitation of the merchant vessels of one nation
by the cruisers of another for any purpose except those known and

2O2i Messages and Papers of the Presidents

acknowledged by the law of nations, under whatever restraints or regu-
lations it may take place, may lead to dangerous results. It is far better
by other means to supersede any supposed necessity or any motive for
such examination or visit. Interference with a merchant vessel by an
armed cruiser is always a delicate proceeding, apt to touch the point of
national honor as well as to affect the interests of individuals. It has
been thought, therefore, expedient, not only in accordance with the stip-
ulations of the treaty of Ghent, but at the same time as removing all
pretext on the part of others for violating the immunities of the Ameri-
can flag upon the seas, as they exist and are defined by the law of
nations, to enter into the articles now submitted to the Senate.

The treaty which I now submit to you proposes no alteration, miti-
gation, or modification of the rules of the law of nations. It provides
simply that each of the two Governments shall maintain on the coast of
Africa a sufficient squadron to enforce separately and respectively the
laws, rights, and obligations of the two countries for the suppression of
the slave trade.

Another consideration of great importance has recommended this
mode of fulfilling the duties and obligations of the country. Our com-
merce along the western coast of Africa is extensive, and supposed to be
increasing. There is reason to think that in many cases those engaged
in it have met with interruptions and annoyances caused by the jeal-
ousy and instigation of rivals engaged in the same trade. Many com-
plaints on this subject have reached the Government. A respectable
naval force on the coast is the natural resort and security against f ui -
ther occurrences of this kind.

The surrender to justice of persons who, having committed high crimes,
seek an asylum in the territories of a neighboring nation would seem to
be an act due to the cause of general justice and properly belonging
to the present state of civilization and intercourse. The British Prov-
inces of North America are separated from the States of the Union by a
line of several thousand miles, and along portions of this line the amount
of population on either side is quite considerable, while the passage of
the boundary is always easy.

Offenders against the law on the one side transfer themselves to the
other. Sometimes, with great difficulty, they are brought to justice, but
very often they wholly escape. A consciousness of immunity from the
power of avoiding justice in this way instigates the unprincipled and
reckless to the commission of offenses, and the peace and good neighbor-
hood of the border are consequently often disturbed.

In the case of offenders fleeing from Canada into the United States, the
governors of States are often applied to for their surrender, and questions
of a very embarrassing nature arise from these applications. It has
been thought highly important, therefore, to provide for the whole case
by a proper treaty stipulation. The article on the subject in the pro-
posed treaty is carefully confined to such offenses as all mankind agree

John Tylet 2022

to regard as heinous and destructive of the security of life and property.
In this careful and specific enumeration of crimes the object has been
to exclude all political offenses or criminal charges arising from wars
or intestine commotions. Treason, misprision of treason, libels, deser-
tion from military service, and other offenses of similar character are
excluded.

And lest some unforeseen inconvenience or unexpected abuse should
arise from the stipulation rendering its continuance in the opinion of one
or both of the parties not longer desirable, it is left in the power of either
to put an end to it at will.

The destruction of the steamboat Caroline at Schlosser four or five years
ago occasioned no small degree of excitement at the time, and became the
subject of correspondence between the two Governments. That corre-
spondence, having been suspended for a considerable period, was renewed
in the spring of the last year, but no satisfactory result having been
arrived at, it was thought proper, though the occurrence had ceased to
be fresh and recent, not to omit attention to it on the present occasion.
It has only been so far discussed in the correspondence now submitted as
it was accomplished by a violation of the territory of the United States.
The letter of the British minister, while he attempts to justify that viola-
tion upon the ground of a pressing and overruling necessity, admitting,
nevertheless, that even if justifiable an apology was due for it, and
accompanying this acknowledgment \vith assurances of the sacred regard
of his Government for the inviolability of national territory, has seemed
to me sufficient to warrant forbearance from any further remonstrance
against what took place as an aggression on the soil and territory of
the country. On the subject of the interference of the British authorities
in the West Indies, a confident hope is entertained that the correspond-
ence which has taken place, showing the grounds taken by this Govern-
ment and the engagements entered into by the British minister, will be
found such as to satisfy the just expectation of the people of the United
States.

The impressment of seamen from merchant vessels of this country by
British cruisers, although not practiced in time of peace, and therefore
not at present a productive cause of difference and irritation, has, never-
theless, hitherto been so prominent a topic of controversy and is so likely
to bring on renewed contentions at the first breaking out of a European
war that it has been thought the part of wisdom now to take it into seri-
ous and earnest consideration. The letter from the Secretary of State
to the British minister explains the ground which the Government has
assumed and the principles which it means to uphold. For the defense
of these grounds and the maintenance of these principles the most per-
fect reliance is placed on the intelligence of the American people and on
their firmness and patriotism in whatever touches the honor of the coun-
try or its great and essential interests. JOHN TYI KR

2023 Messages and Papers of the Presidents

[The following are inserted because they pertain to the treaty transmitted with the message of
President Tyler immediately preceding.]

DEPARTMENT OF STATE,
To the Senate of the United States: Washington, August j, 1848.

The Secretary of State has the honor to transmit to the Senate, in compliance
with a resolution adopted by it on the 2gth ultimo, a copy of the joint report of the
commissioners under the treaty of Washington of August 9, 1842, together with a
copy of the report of the American commissioner transmitting the same to the State
Department. JAMES BTJCHANAN>

Mr. Smith to Mr. Buchanan.

WASHINGTON, April 20, 1848.

SIR: In presenting to you the joint report of the commissioners appointed under
the treaty of Washington of August 9, 1842, to survey and mark the line of boundary
between the United States and the British Provinces, which I have the honor here-
with most respectfully to submit, 1 have to perform the painful duty of informing
you that the maps of that line and of the adjacent countrv, which had been elabo-
rately constructed by the scientific corps on the part of the United States, and
contained upon 100 sheets of drawing paper of the largest size, together with the
tables of the survey, have been destroyed by the conflagration of the building in
which they were contained. This house had been occupied by Major James D.
Graham, the head of the scientific corps and principal astronomer of the American
commission, as his office until his departure for Mexico. All the maps, drawings,
and tables had been completed and duly authenticated by the joint commissioners,
and were ready to be deposited with their joint report under their hands and seals
in the archives of this Government. Of this I had the honor to inform you in my
letter of the 24th ultimo.

I can hardly express the pain which this unfortunate event has occasioned me.
But I can not perceive that any imputation of blame can properly be attached to any
officer of the commission. The care and custody of all the work of the United States
scientific corps were properly placed in charge of Major Graham, as the head of that
corps, who had had the immediate direction and superintendence of it from the first
organization of the commission. He required the maps and tables at his office for
reference and revision in the progress of the astronomical work. Upon his depar-
ture for Mexico he placed Lieutenant A. W. Whipple in his rooms with an injunction
to guard with the utmost care the valuable property of the commission. On the day
after he left the citv, and when for the first time informed of the fact, I called upon
Lieutenant Whipple and requested him to have all the maps, drawings, and tables
ready to be turned over to the State Department on the following day. On the 24th
ultimo I acquainted you with that fact.

No censure can possibly be attributed to Lieutenant Whipple, whose great care
and attention to all his duties have been on all occasions highly distinguished. He
escaped from the fire with scarcely an article of his dress, and his loss in money and
clothing is at least £1,000. Major Graham has lost his valuable library, together
with personal effects to a large amount. The fire was communicated from the base-
ment of the house, and by no effort could anything be saved.

There are tracings of the maps upon "tissue paper," without the topography, in
the Slate of Maine, but they are not signed by the commissioners.

The field books of the engineers were, fortunately, not in Major Graham's office,
and are preserved.

Duplicates of the maps, duly authenticated, have been placed in the British ar-
chives at London, which, although they have not the topography of the country so

John Tylei 2024

fully laid down upon them as it was upon our own, represent with equal exactness
the survey of the boundary itself. vShould it be deemed expedient by this Govern-
ment to procure copies of them, access to those archives for that purpose would
undoubtedly be permitted, and the object accomplished at small expense, and when
completed these copies could be authenticated by the joint commissioners in accord-
ance with the provisions of the treaty.

I have the honor to be, with great respect, your obedient and humble servant,

ALBERT SMITH.

Report of the joint commission of boundary appointed under the treaty of
Washington of August 9, 1843.

The undersigned, commissioners appointed under the treaty of Washington to trace
and mark the boundary, as directed by that treaty, between the British possessions
in North America and the United States — that is to say, James Bucknall Bucknall
Estcourt, lieutenant-colonel in the British army, appointed commissioner by Her
Britannic Majesty, and Albert Smith, appointed commissioner by the President of
the United States— having accomplished the duty assigned to them, do now, in
accordance with the directions of the said treaty, submit the following report and
the accompanying maps, jointly signed, to their respective Governments.

In obedience to the terms of the treaty, the undersigned met at Bangor, in the State
of Maine, on the 1st day of May, 1843, where they produced and verified the author-
ity under which they each were respectively to act. They then adjourned, because
the weather was not sufficiently open for taking the field, to the ist of the following
month (June), and agreed to meet again at that time at Houlton.

Accordingly, they did meet at that place, and began their operations.

It may be desirable to state at the outset that for the sake of convenience the
whole line of boundary marked by the undersigned has been divided in the mention
made of the different portions into the following grand divisions, viz:

"North line," from the source of the St. Croix to the intersection of the St. John.

" River St. John," from the intersection of the north line to the mouth of the St.
Francis.

"River St. Francis," from its mouth to the outlet of Lake Pohenagamook.

"Southwest line," from the outlet of Lake Pohenagamook to the Northwest Branch
of the St. John.

"South line," from the Northwest Branch to the parallel of latitude 46° 25' on
the Southwest Branch.

"Southwest Branch," from the parallel 46° 25' to its source.

"Highlands," from the source of the Southwest Branch of the St. John to the
source of Halls Stream.

"Halls Stream," from its source to the intersection of the line of Valentine and
Collins.

" West line," from Halls Stream to the St. Lawrence near St. Regis, along the line
of Valentine and Collins.

To return to the narration of operations:

The exploring line of Colonel Bouchette and Mr. Johnson, as directed by the
treaty, was traced from the monument at the source of the St. Croix to the intersec-
tion of the St. John.

The monument found at the source of the St. Croix, as described in the report of
Colonel lionchetie and I\lr. Johnson, and th«- course of their exploring line, was
traced by bla/es or marks upon the trees.

An old line, cut out by the assistant surveyors of Colonel Hoiu-heUe and Mr. John-
son, was also found, which terminated about hall" a mile north of the South Branch ol

2025 Afessages and Papers of the Presidents

the Meduxnikeag, where, by records to which the undersigned referred, they ascer-
tained that it had been abandoned because of its deviation from the exploring line
of Colonel Bouchette and Mr. Johnson.

After the exploration and re-marking of the north line it was cut out 30 feet wide.
The same was afterwards done in all parts where the boundary passed through
woodland. After thus opening the north line it was surveyed, and iron posts were
erected at intervals to mark it.

The general bearing of the line was rather to the west of the meridian of the monu-
ment at the source of the St. Croix. The precise line laid down by the undersigned
was determined by successive courses, of which each was made to be as long as was
convenient, provided it did not pass out of the opening of 30 feet.

At each angle of deflection an iron monument was erected, and placed anglewise
with the line. Other monuments were erected at the crossing of roads, rivers, and
at every mile, commencing from the source of the St. Croix. Those which were not
intended to mark angles of deflection were placed square with the line.

At the intersection of the St. John by the north line the river is deep and broad.
The boundary runs up the middle of the channel of the river, as indicated by the
maps, dividing the islands as follows:

No. i. Ryan's Island United States.

No. 2. King's Island United States.

No. 3. Les Trois Isles United States.

No. 4. La Septieme Isle United States.

No. 5. Quissibis Great Britain.

No. 6. La Grand Isle United States.

No. 7. Thibideau's Islands United States.

No. 8. Madawaska Islands Great Britain.

"No. 9. Joseph Michaud's three islands United States.

No. 10. Pine Island Great Britain.

No. ii. Baker's

Turtle

Dagle's

Fourth

Fifth

No. 12. Kennedy's Island Great Britain.

No. 13. Crock's

Cranberry islands Great Britain.

Gooseberry

No. 14. Savage's Island United States.

No. 15. Wheelock's Island United States.

No. 16. Caton's Island United States.

No. 17. Honeywell's Island United States.

No. 18. Savage and Johnson's Island United States.

No. 19. Crew's Island United States.

No. 20. Kendall's Island Great Britain.

The islands were distributed to Great Britain or to the United States, as they were
found to be on the right or left of the deep channel. There was but one doubtful
case, La Septieme Isle, and that was apportioned to the United States because the
majority of the owners were ascertained to reside on the United States side of
the river.

Monuments were erected upon the islands, marking them for Great Britain ot
the United States, as the case may have been.

After leaving the St. John the boundary enters the St. Francis, dividing the islands
at the mouth of that river in the manner shown in the maps. It then runs up the

islands . . Great Britain.

XII.

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TYLER'S SIGNATURE TO THE WEBSTER-ASHBURTON TREATY.

John Tyler 2026

St Francis, through the middle of the lakes upon it, to the outlet of Lake Pohenaga-
mook, the third large lakfc from the mouth of the river. At the outlet a large monu-
ment has been erected.

In order to determine the point on the Northwest Branch to which the treaty
directed that a straight line should be run from the outlet of Lake Pohenagamook,
a survey of that stream was made, and also of the main St. John in the neighbor-
hood of the mouth of the Northwest Branch, and a line was cut between the St.
John and the point on the Northwest Branch ascertained by the survey to be 10
miles in the nearest direction from it, and the distance was afterwards verified by
chaining.

It was ascertained also, in accordance with the provisions of the treaty, by a
triangulation of the country toward the highlands dividing the waters of the St.
Lawrence and of the St. John, that more than 7 miles intervened between the point
selected on the Northwest Branch and the crest of the dividing ridge. A large iron
monument was afterwards erected on the point thus selected, and the space around
was cleared and sown with grass seed. It is a short distance below the outlet of
Lake Ishaganalshegeck.

The outlet of Lake Pohenagamook and the point on the Northwest Branch des-
ignated by the treaty having been thus ascertained and marked, in the spring of
1844 a straight line was run between them. Along that line, which passes entirely
through forest, monuments were erected at every mile, at the crossings of the prin-
cipal streams and rivers, and at the tops of those hills where a transit instrument had
been set up to test the straightness of the line.

As soon as the parallel of latitude 46° 25' had been determined on the Southwest
Branch, in the early part of the summer of 1844, a straight line was drawn from the
boundary point on the Northwest Branch to a large monument erected on the left
bank of the Southwest Branch where it is intersected by the parallel of latitude
46° 25'. The line so drawn crosses the Southwest Branch once before it reaches
the parallel of latitude 46° 25', and at about half a mile distance from that parallel.
There also a large monument has been set up on the left bank.

From the intersection of the parallel 46° 25' the boundary ascends the Southwest
Branch, passes through a lake near its head, and so up a small stream which falls
into the lake from the west to the source of that stream, which has been selected as
the source of the Southwest Branch.

On the Southwest Branch there are two principal forks, at each of which two
monuments have been erected, one on each bank of the river immediately above
the forks and upon the branch established as the boundary. The maps point out
their positions. At the mouth of the small stream selected as the source of the
Southwest Branch a monument has been erected upon a delta formed by two small
outlets. Above those outlets three other monuments have been placed at intervals
upon the same stream.

Upon the crest of the dividing ridge, very close to the source of the Southwest
Branch, a large monument has been erected. It is the first point in the highlands,
and from it the boundary runs along the crest in a southerly direction, passing near to
the southeastern shore of the Portage Lake, and so on to a large monument erected
on a small eminence on the east side of the Kennebec road. Thence it passes through
a dwelling house called Tachereau's, which was standing there at the time the line
was run; so, by a tortuous course, it runs to the top of Sandy Stream Mountain;
thence, inclining to the southwest, it runs over Hog Back the First, as shown in the
maps; thence toward Hog Back the Second, which it leaves on the north side.
Further on, at the head of Leech Lake, there is a stream which divides its waters
and flows both into Canada and into the United States. The boundary has been
made to run up that stream a short distance from the fork where the waters divide
to a second fork ; thence between the streams which unite to form that fork, and

2O2J Messages and Papers of the Presidents

then to ascend again the dividing ridge. A monument has been erected at the
fork first mentioned, where the waters divide.

As the boundary approaches the valley of Spider River it bends to the southeast,
and, by a wide circuit over high and steep hills, it turns the head of Spider River;
thence it bends to the northwest until it approaches within about 4 miles of Lake
Megantic; thence it turns again south, having the valley of Arnolds River on the
right and of Dead River on the left. It leaves Gasford Mountain in Canada, threads
its way over very high ground between the head of Arnolds River and the tributaries
of the Magalloway; inclines then to the north, so to the west, over very rocky, moun-
tainous, and difficult country, leaving Gipps Peak in the United States, and turns by
a sharp angle at Saddle Back to the south. After that it again inclines to the west,
and then to the south, and again to the west, and passes the head of the Connecticut.
About 3 miles and a half east of the head of the Connecticut there is a division of
waters similar to that described near Leech Lake. The boundary runs down a
stream from near its source to the fork where it divides, and then again follows the
dividing ridge. The spot is noted on the map.

After the boundary has passed the head of the Connecticut it runs to the north-
west, descending into very low, swampy ground between the heads of Indian Stream
and the tributaries of the St. Francis. Thus it passes on, bending again to the south
of west, over a high hill, to the source of Halls Stream.

Iron monuments have been erected at intervals along the highlands from the
source of the Southwest Branch of the St. John to the source of Halls Stream,
the position of each of which is shown upon the maps.

From the source of Halls Stream the boundary descends that river, dividing the
islands, which are, however, merely unimportant alluvial deposits, in the manner
indicated by the maps until it reaches the intersection of that stream by the line
formerly run by Valentine and Collins as the forty-fifth degree of north latitude.

At that point a large monument has been erected on the right and a small one on
the left bank of the stream. Monuments have also been erected along the bank of
this stream, as indicated on the maps.

The line of Valentine and Collins was explored and found by the blazes still
remaining in the original forest.

Upon cutting into those blazes it was seen that deep seated in the tree there was
a scar, the surface of the original blaze, slightly decayed, and upon counting the
rings (which indicate each year's growth of the tree) it was found that the blazes
dated back to 1772, 1773, and 1774. The line of Valentine and Collins was run in
1771, 1772, 1773, and 1774. The coincidence of the dates of the blazes with those of
the above line, confirmed by the testimony of the people of the country, satisfied the
undersigned that the line they had found was that mentioned in the treaty. Along
this portion of the boundary, which is known as the forty-fifth degree of Valentine
and Collins, and which extends from Halls Stream to St. Regis, there are several
interruptions to the blazes in those parts where clearings have been made, and there
the authentic marks of the precise situation of the old line have been lost. In those
cases the undersigned have drawn the boundary line straight from the original blazes
on the one side of a clearing to the original blazes on the other side of the same
clearing.

It can not be positively stated that the line as it has been traced through those
clearings precisely coincides with the old line, but the undersigned believe that it
docs not differ materially from it; nor have they had the means of determining a
nearer or a surer approximation.

Along this line, at every point of deflection, an iron monument has been erected;
also at the crossing of rivers, lakes, and roads. Those which mark deflections are
placed, as on the "north line," anglewise with the line; all the others are placed
square with it. The maps show the position of each.

On the eastern shore of Lake Memphremagog an astronomical station was estab-

John Tylet 2028

listed, and on a large flat rock of granite, which happened to lie between the astro-
nomical station and the boundary, was cut the following inscription:

~ Capt: Robinson.

§ Ast: Station

s 422 feet north. .§

3$

<S Meridian Line. -Q

Boundary Line
595 feet south
^ August, 1845.

A mark was cut upon the stone, as indicated by the dot upon the meridian line
above, from which these measurements were made.

At Rouses Point a monument of wrought stone was set up at the intersection of
the boundary by the meridian of the transit instrument used there by Major Graham,
and an inscription was cut upon it stating the latitude and longitude, the names of
the observer and his assistant, the names of the commissioners, and the territories
divided.

To mark the position of the instruments used at the following astronomical sta-
tions along the west line, two monuments within a few feet of each other have been
erected at each station, and they have been placed on the boundary line due north
or south of the instrument, as the case may have been.

The stations are: Lake Memphremagog, Richford, John McCoy's, Trout River.

The boundary along the west line, though very far from being a straight line, is
generally about half a mile north of the true parallel of latitude 45° from Halls
Stream to Rouses Point. At about 28 miles west of Rouses Point it, however, crosses
that parallel to the south until it reaches Chateaugay River, where it bends north-
ward, and, crossing the parallel again about 4 miles east of St. Regis, it strikes the St.
Lawrence 151 feet north of 45°. At that point a large monument has been erected
on the bank of the St. Lawrence. Two large monuments have also been erected, one
on either side of the river Richelieu near Rouses Point.

No marks of the old line were to be found about St. Regis. It was therefore agreed
to run a line due west from the last blaze which should be found in the woods on the
east side of St. Regis. That blaze occurred about i mile east of the St. Regis River.

The maps, which exhibit the boundary on a scale of 4 inches to i statute mile, con-
sist of 62 consecutive sheets of antiquarian paper as constructed by the P.ritish and of
6 1 as constructed by the American commission. A general map has also been con-
structed on a scale of S miles to i inch by the British and of 10 miles to i inch by
the American commission, upon which the before-mentioned sheets are represented.

The following portions of the boundary have been laid down by the British com-
mission, on detached maps, on a scale of 12 inches to I mile, which have been signed
by both commissioners:

Grand Falls of the St. John, including the intersection of that river by the north
line; islands of the St. John; the outlet of Lake Pohenagamook; the turning point
of the boundary on the Northwest Branch of the St. John; the intersection of the
Southwest Branch by the parallel of latitude 46° 25'; the source of the Southwest
Branch; the source of Halls Stream; the intersection of Halls Stream by the west
line; Rouses Point; St. Regis; Derby.

But similar maps have not been prepared by the American commission, because
during the interval between the finishing of the maps of the British commission and
those of the American it was thought that the maps already constructed upon a scale
of 4 inches to i mile represented the boundary with sufficient clearness and accuracy.

The astronomical observations were begun at the Grand Falls early in June, 1843,
and were carried up the St. John River to the Northwest Branch by a chain of
stations, which, together with the results obtained, are tabulated in the appendix
accompanying this report.

From the valley of the St. John an astronomical connection was made with Quebec,
66

2O2Q Messages and Papers of the Presidents

and thence to Montreal, and so to Rouses Point. From Rouses Point a connection
was obtained with Cambridge University, near Boston.

The astronomical stations on the west line were: Intersection of Halls Stream by
the west line, Lake Memphremagog, Richford, Rouses Point, John McCoy's, Trout
River, St. Regis.

Latitude was also obtained at an astronomical station established for the purpose
at the head of the Connecticut.

Volumes containing the astronomical observations of both commissions are here.
"Arith submitted. From them it will be observed that the results for absolute lon-
gitude obtained by the British and American astronomers do not agree. It being a
difference in no way affecting the survey of the boundary line, the undersigned do
not feel called upon to attempt to reconcile it. The data upon which those results
are based may be seen in the volumes of observations accompanying this report.

In the appendix will be found, in a tabular form, the following:

An abstract of the survey of the boundary along the north line; an abstract of
the survey of the boundary along the southwest line; an abstract of the survey of the
boundary along the south line; an abstract of the survey of the boundary along
the highlands; an abstract of the survey of the boundary along the west line; the
position of the monuments erected on the Southwest Branch of the St. John and on
Halls Stream; the distribution of the islands of the St. John and the monuments on
them; the guide lines and offsets run by each commission for the survey of the
highlands; the azimuths of verification for the survey of the highlands; the latitudes
and longitudes obtained from the astronomical observations; the comparative lon-
gitudes obtained, and the methods used for the purpose.

Upon comparing the maps of the two commissions it will be seen that the Ameri-
can commission numbers two monuments more than the British. Those are to be
found, one on the "Fourth Island," in the river St. John, and the other on the
highlands between the source of the Southwest Branch of the river St. John and
the Kennebec road.

On the maps of the British commission representing the ' ' west line' ' the name of
the town of '•''Derby'1'' has been improperly placed north of the line instead of south
of it. Also, on the same maps the direction of Salmon River, near the western
extremity of the "west line," has been incorrectly laid down from the boundary line
northward. A direction has been given to it northeasterly instead of northwesterly.

The above two corrections the British commissioner is authorized to make on his
maps after his return to England.

To avoid unnecessary delay in making their joint report, the undersigned have
attached their signatures to the maps, although the lettering of some of the astro-
nomical stations upon the maps of the American commission, as well as the altera-
tions before mentioned in the maps of the British commission, are yet to be made;
but in the maps of both the boundary has been laid down accurately and defini-
tively, and the undersigned engage that it shall not be altered in any respect.

In conclusion the undersigned have the honor to report that the line of boundary
described in the foregoing statement has been run, marked, and surveyed, and the
accompanying maps faithfully constructed from that survey.

The undersigned take leave to add that the most perfect harmony has subsisted
between the two commissions from first to last, and that no differences have arisen
between the undersigned in the execution of the duties intrusted to them.

Signed and sealed in duplicate, at the city of Washington, this 28th day of June,
A. D. 1847.

J. B. BUCKNALL ESTCOURT, [SEAL.]

Lieutenant-Colonel, Her Britannic Majesty^ s Commissioner.

ALBERT SMITH, [SEAL.]

United States Commissioner.

NoTE. — The astronomical computations of the American commission not being
completed, and it being unnecessary to defer the signing of the report on that

John Tyler 2030

account, the American commissioner engages to transmit them, with any other
papers or tables not yet finished, as soon as they shall be so, to the British commis-
sioner, through the American minister resident in London, to whom, upon delivery
of the documents, the British commissioner will give a receipt, to be transmitted to
the American commissioner.

J. B. BUCKNALL ESTCOURT,
Lieutenant'Colond, H. B. M. Commissioner of Boundary.

ALBERT SMITH,

United States Commissioner.

WASHINGTON, August 18, 184.2.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to its ratifi-
cation, a treaty of amity, commerce, and navigation with the Republic
of Texas, negotiated at the seat of Government of the United States
between the Secretary of State, duly empowered for that purpose, and
the charge d'affaires of that Republic.

In forming the first commercial treaty between the two Governments
an anxious desire has been felt to introduce such provisions as should
promote the interests of both countries. The immediate proximity of
Texas to the United States and the consequent facility of intercourse, the
nature of its principal agricultural production, and the relations which
both countries bear to several large rivers which are boundaries between
them, and which in some part of their course run within the territories
of both, have caused peculiarities of condition and interests which it has
been necessary to guard.

The treaty provides that Texas shall enjoy a right of deposit for such
of her productions as may be introduced into the United States for
exportation, but upon the condition that the Executive of the United
States may prescribe such regulations as may be necessary for the proper
enjoyment of the privilege within our territory'. It was thought no
more than reasonable to grant this facility to the trade of Texas, under
such conditions as seem best calculated to guard against abuse or incon-
venience.

The treaty further provides that raw cotton may be imported from
either country into the other free of duties. In general it is not wise
to enter into treaty stipulations respecting duties of import; they are
usually much better left to the operation of general laws. But there
are circumstances existing in this case which have been thought to
justify a departure from the general rule, and the addition of it to the
number of instances, not large, in which regulations of duties of imports
have been made the subject of national compact.

The United States consume large quantities of raw cotton, but they
are exporters of the article to a still greater extent. Texas, for the
present at least, exports her whole crop. These exportations are, in

2031 Messages and Papers of the Presidents

general, to the same foreign markets, and it is supposed to be of no con-
siderable importance to the American producer whether he meets the
Texan product at home or abroad.

On the other hand, it is thought that a useful commercial intercourse
would be promoted in several ways by receiving the raw cotton of Texas
at once into the United States free of duty. The tendency of such a
measure is to bring to the United States, in the first instance, Texan
cotton ultimately destined to European markets. The natural effect of
this, it is supposed, will be to increase the business of the cities of the
United States to the extent of this importation and exportation, and to
secure a further degree of employment to the navigation of the country.
But these are by no means all the benefits which may be reasonably
expected from the arrangement. Texas, at least for a considerable time
to come, must import all the manufactured articles and much of the sup-
plies and provisions necessary for her use and consumption. These com-
modities she will be likely to obtain, if to be had, in the markets of the
country in which she disposes of her main annual product. The manufac-
tures of the North and East, therefore, and the grain and provisions of
the Western States are likely to find in Texas a demand, increased by
whatever augments intercourse between the two countries, and especially
by whatever tends to give attraction to the cities of the United States
as marts for the sale of her great and principal article of export.

As a security, however, against unforeseen results or occurrences, it
has been thought advisable to give this article of the treaty a limitation
of five years. JOHN TYLER.

WASHINGTON, August 23, 184.2.
To the Senate of the United States:

A resolution of the Senate of the 2ist of June last requested the Presi-
dent to communicate to the Senate, so far as he might deem it compati-
ble with the public interests, what measures, if any, had been taken to
obtain the recognition by the Mexican Government of such claims of
American citizens as were laid before the late joint commission, but were
not finally acted on by it, and the satisfaction of such claims as were
admitted by said commission; also whether any facts had come to his
knowledge calculated to induce a belief that any such claims had been
rejected in consequence of the evidence thereof having been withheld by
the Mexican Government, its officers or agents, and any other informa-
tion which he might deem it expedient to communicate relative to said
claims; and another resolution of the 6th instant requested the Presi-
dent, so far as he might deem it compatible with the public service, to
communicate to the vSenate the measures taken to obtain the perform-
ance of the stipulations contained in the convention with Mexico in rela-
tion to the awards made by the commissioners and umpire under said
convention.

John Tyler 2032

In the present state of the correspondence and of the relations between
the two Governments on these important subjects it is not deemed con-
sistent with the public interest to communicate the information requested.
The business engages earnest attention, and will be made the subject of
a full communication to Congress at the earliest practicable period.

JOHN TYLER.

WASHINGTON, August 24., 184.2.
To the Senate of the United States:

On the 1 5th day of April, 1842, in virtue of the sentence of a court-
martial regularly convened under orders from the Secretary of the Navy,
which received my approval, John H. Clack, who was a captain in the
Navy, was dismissed the service. Since the confirmation of that sentence
a letter has been addressed by Mr. Paulding, late Secretary of the Navy,
to Captain Clack, which leads to the belief that he had analyzed the
charges made against Captain Clack, and for reasons which appeared to
him satisfactory and which, according to his letter, he indorsed on the
charges, disposed of the case by refusing to submit it to a court-martial.

Notwithstanding a diligent search has been made for this document,
none such can be found; but the only paper in the office having reference
to this subject is a letter addressed by Mr. Paulding to Lieutenant
Buchanan, a copy of which, together with the original of that of Mr. P.
to Captain C., is herewith communicated. I felt it, however, even- way
due to the high character of Mr. Paulding to consider the fact stated
by him to be as well sustained by his declaration to that effect as if the
record was found, and as the court-martial would not have been ordered
by the present Secretary with the knowledge of the fact stated by Mr.
Paulding, since it would have been improper to have reopened a case
once finally disposed of, I have felt that it was alike due to the general
service of the Navy as to Mr. Clack to nominate him for reappointment
to the service.

I therefore nominate John H. Clack to be a captain in the Navy of
the United States. JQHN TYLER.

WASHINGTON, August 25, 1842.
To the House of Representatives of the United States:

In answer to the resolution of the House of Representatives of the t ith
of June last, upon the subject of claims of citizens of the United States
against the Government of the Mexican Republic, I transmit a report
from the Secretary of State and a copy of the report of the commissioners
on the part of the United States under the late convention between the
United States and that Republic. JOHN TYI FR

2033 Messages and Papers of the Presidents

VETO MESSAGES.

WASHINGTON, June 29, 184.2.
To the House of Representatives of the United States:

I return the bill, which originated in the House of Representatives,
entitled "An act to extend for a limited period the present laws for lay-
ing and collecting duties on imports," with the following objections:

It suspends — in other words, abrogates for the time — the provision
of the act of 1833, commonly called the "compromise act." The only
ground on which this departure from the solemn adjustment of a great
and agitating question seems to have been regarded as expedient is the
alleged necessity of establishing by legislative enactments rules and regu-
lations for assessing the duties to be levied on imports after the 3oth
Jifne according to the home valuation, and yet the bill expressly provides
that "if before the ist of August there be no further legislation upon
the subject, the laws for laying and collecting duties shall be the same
as though this act had not been passed." In other words, that the act
of 1833, imperfect as it is considered, shall in that case continue to be
and to be executed under such rules and regulations as previous statutes
had prescribed or had enabled the executive department to prescribe for
that purpose, leaving the supposed chasm in the revenue laws just as it
was before.

I am certainly far from being disposed to deny that additional legisla-
tion upon the subject is very desirable; on the contrary, the necessity,
as well as difficulty, of establishing uniformity in the appraisements to
be made in conformity with the true intention of that act was brought
to the notice of Congress in my message to Congress at the opening of its
present session. But however sensible I may be of the embarrassments
to which the Executive, in the absence of all aid from the superior wis-
dom of the Legislature, will be liable in the enforcement of the existing
laws, I have not, with the sincerest wish to acquiesce in its expressed
will, been able to persuade myself that the exigency of the occasion is
so great as to justify me in signing the bill in question with my present
views ot its character and effects. The existing laws, as I am advised,
are sufficient to authorize and enable the collecting officers, under the
directions of the Secretary of the Treasury, to levy the duties imposed
by the act of 1833.

That act was passed under peculiar circumstances, to which it is not
necessary that I should do more than barely allude. Whatever may be,
in theory, its character, I have always regarded it as importing the
highest moral obligation. It has now existed for nine years unchanged
in any essential particular, with as general acquiescence, it is believed, of
the whole country as that country has ever manifested for any of her

John Tyler 2034

wisely established institutions. It has insured to it the repose which
always flows from truly wise and moderate counsels — a repose the more
striking because of the long and angry agitations which preceded it.
This salutary law proclaims in express terms the principle which, while
it led to the abandonment of a scheme of indirect taxation founded on a
false basis and pushed to dangerous excess, justifies any enlargement of
duties that may be called for by the real exigencies of the public service.
It provides "that duties shall be laid for the purpose of raising such
revenue as may be necessary to an economical administration of the Gov-
ernment." It is therefore in the power of Congress to lay duties as high
as its discretion may dictate for the necessary uses of the Government
without infringing upon the objects of the act of 1833. I do not doubt
that the exigencies of the Government do require an increase of the tariff
of duties above 20 per cent, and I as little doubt that Congress may,
above as well as below that rate, so discriminate as to give incidental
protection to manufacturing industry, thus to make the burdens which it
is compelled to impose upon the people for the purposes of Government
productive of a double benefit. This most of the reasonable opponents
of protective duties seem willing to concede, and, if we may judge from
the manifestations of public opinion in all quarters, this is all that the
manufacturing interests really require. I am happy in the persuasion
that this double object can be most easily and effectually accomplished at
the present juncture without any departure from the spirit and principle
of the statute in question. The manufacturing classes have now an
opportunity which may never occur again of permanently identifying
their interests with those of the whole country, and making them, in
the highest sense of the term, a national concern. The moment is propi-
tious to the interests of the whole country in the introduction of har-
mony among all its parts and all its several interests. The same rate of
imposts, and no more, as will most surely reestablish the public credit
will secure to the manufacturer all the protection he ought to desire, with
every prospect of permanence and stability which the hearty acquiescence
of the whole country on a reasonable system can hold out to him.

But of this universal acquiescence, and -the harmony and confidence
and the many other benefits that will certainly result from it, I regard
the suspension of the law for distributing the proceeds of the sales of the
public lands as an indispensable condition. This measure is, in my judg-
ment, called for by a large number, if not a great majority, of the people
of the United States; by the state of the public credit and finances; by
the critical posture of our various foreign relations; and, above all, by that
most sacred of all duties — public faith. The act of September last, which
provides for the distribution, couples it inseparably with the condition
that it shall cease — first, in case of war; second, as soon and so long as
the rate of duties shall for any reason whatever be raised above 20 per
cent. Nothing- can be more clear, express, or imperative than this lan-
guage. It is in vain to allege that a deficit in the Treasury was known

2035 Messages and Papers of the Presidents

to exist and that means were taken to supply this deficit by loan when
the act was passed. It is true that a loan was authorized at the same
session during which the distribution law was passed, but the most san-
guine of the friends of the two measures entertained no doubt but that
the loan would be eagerly sought after and taken up by capitalists and
speedily reimbursed by a country destined, as they hoped, soon to enjoy
an overflowing prosperity. The very terms of the loan, making it re-
deemable in three years, demonstrate this beyond all cavil. Who at the
time foresaw or imagined the possibility of the present real state of things,
when a nation that has paid off her whole debt since the last peace,
while all the other great powers have been increasing theirs, and whose
resources, already so great, are yet but in the infancy of their develop-
ment, should be compelled to haggle in the money market for a paltry
sum not equal to one year's revenue upon her economical system? If
the distribution law is to be indefinitely suspended, according not only
to its own terms, but by universal consent, in the case of war, wherein
are the actual exigencies of the country or the moral obligation to pro-
vide for them less under present circumstances than they could be were
we actually involved in war ? It appears to me to be the indispensable
duty of all concerned in the administration of public affairs to see that a
state of things so humiliating and so perilous should not last a moment
longer than is absolutely unavoidable. Much less excusable should we
be in parting with any portion of our available means, at least until the
demands of the Treasury are fully supplied. But besides the urgency
of such considerations, the fact is undeniable that the distribution act
could not have become a law without the guaranty in the proviso of the
act itself.

This connection, thus meant to be inseparable, is severed by the bill
presented to me. The bill violates the principle of the acts of 1833 and
September, 1841, by suspending the first and rendering for a time the
last inoperative. Duties above 20 per cent are proposed to be levied,
and yet ^o. proviso in the distribution act is disregarded. The proceeds
of the sales are to be distributed on the ist of August, so that, while
the duties proposed to be enacted exceed 20 per cent, no suspension of
the distribution to the States is permitted to take place. To abandon the
principle for a month is to open the way for its total abandonment. If
such is not meant, why postpone at all? Why not let the distribution
take place on the ist of July if the law so directs (which, however, is
regarded as questionable)? But why not have limited the provision to
that effect? Is it for the accommodation of the Treasury? I see no rea-
son to believe that the Treasury will be in better condition to meet the
payment on the ist of August than on the ist of July.

The bill assumes that a distribution of the proceeds of the public lands
is, by existing laws, to be made on the ist day of July, 1842, notwith-
standing there has been an imposition of duties on imports exceeding 20

John Tyler 2036

per cent up to that day, and directs it to be made on the ist of August
next. It seems to me very clear that this conclusion is equally errone-
ous and dangerous, as it would divert from the Treasury a fund sacredly
pledged for the general purposes of the Government in the event of a
rate of duty above 20 per cent being found necessary for an economical
administration of the Government.

The bill under consideration is designed only as a temporary measure;
and thus a temporary measure, passed merely for the convenience of
Congress, is made to affect the vital principle of an important act. If
the proviso of the act of September, 1841, can be suspended for the
whole period of a temporary law, why not for the whole period of- a per-
manent law? In fact, a doubt may be well entertained, according to
strict legal rules, whether the condition, having been thus expressly sus-
pended by this bill and rendered inapplicable to a case where it would
otherwise have clearly applied, will not be considered as ever after satis-
fied and gone. Without expressing any decided opinion on this point,
I see enough in it to justify me in adhering to the law as it stands in
preference to subjecting a condition so vitally affecting the peace of the
country, and so solemnly enacted at a momentous crisis, and so stead-
fastly adhered to ever since, and so replete, if adhered to, with good to
every interest of the country, to doubtful or captious interpretation.

In discharging the high duties thus imposed on me by the Consti-
tution I repeat to the House my entire willingness to cooperate in all
financial measures, constitutional and proper, which in its wisdom it may
judge necessary and proper to reestablish the credit of the Government.
I believe that the proceeds of the sales of the public lands being restored
to the Treasury — or, more properly speaking, the proviso of the act of
September, 1841, being permitted to remain in full force — a tariff of
duties may easily be adjusted, which, while it will yield a revenue suffi-
cient to maintain the Government in vigor by restoring its credit, will
afford ample protection and infuse a new life into all our manufacturing
establishments. The condition of the country calls for such legislation,
and it will afford me the most sincere pleasure to cooperate in it.

JOHN TYLER.

WASHINGTON, August $>, 1-842.
To the House of Representatives of the United States:

It is with unfeigned regret that I find myself under the necessity of
returning to the House of Representatives with my objections a bill
entitled "An act to provide revenue from imports, and to change and
modify existing laws imposing duties on imports, and for other pur-
poses." Nothing can be more painful to any individual called upon to
perform the Chief Executive duties under our limited Constitution than
to be constrained to withhold his assent from an important measure

2037 Messages and Papers of the Presidents

adopted by the Legislature. Yet he would neither fulfill the high pur-
poses of his station nor consult the true interests or the solemn will of
the people — the common constituents of both branches of the Govern-
ment— by yielding his well-considered, most deeply fixed, and repeatedly
declared opinions on matters of great public concernment to those of a
coordinate department without requesting that department seriously to
reexamine the subject of their difference. The exercise of some inde-
pendence of judgment in regard to all acts of legislation is plainly
implied in the responsibility of approving them. At all times a duty,
it becomes a peculiarly solemn and imperative one when the subjects
passed upon by Congress happen to involve, as in the present instance,
the most momentous issues, to affect variously the various parts of a
great country, and to have given rise in all quarters to such a conflict
of opinion as to render it impossible to conjecture with any certainty on
which side the majority really is. Surely if the pause for reflection
intended by the wise authors of the Constitution by referring the subject
back to Congress for reconsideration be ever expedient and necessary it
is precisely such a case as the present.

On the subject of distributing the proceeds of the sales of the public
lands in the existing state of the finances it has been my duty to make
known my settled convictions on various occasions during the present ses-
sion of Congress. At the opening of the extra session, upward of twelve
months ago, sharing fully in the general hope of returning prosperity
and credit, I recommended such a distribution, but that recommenda-
tion was even then expressly coupled with the condition that the duties
on imports should not exceed the rate of 20 per cent provided by the
compromise act of 1833. These hopes were not a little encouraged and
these views strengthened by the report of Mr. Ewing, then Secretary
of the Treasury, which was shortly thereafter laid before Congress, in
which he recommended the imposition of duties at the rate of 20 per cent
ad valorem on all free articles, with specified exceptions, and stated "if
this measure be adopted there will be received in the Treasury from
customs in the last quarter of the present year (1841) $5,300,000; in
all of the year 1842, about $22,500,000; and in the year 1843, after the
final reduction under the act of March 2, 1833, about $20,800,000; " and
adds:

It is believed that after the heavy expenditures required by the public service in
the present year shall have been provided for, the revenues which will accrue from
that or a nearly approximate rate of duty will be sufficient to defray the expenses
of the Government and leave a surplus to be annually applied to the gradual pay-
ment of the national debt, leaving the proceeds of the public lands to be disposed of
as Congress shall see fit.

I was most happy that Congress at the time seemed entirely to concur
in the recommendations of the Executive, and, anticipating the correct-
ness of the Secretary's conclusions, and in view of an actual surplus,

John Tyler 2038

passed the distribution act of the 4th September last, wisely limiting its
operation by two conditions having reference, both of them, to a possible
state of the Treasury different from that which had been anticipated by
the Secretary of the Treasury and to the paramount necessities of the
public service. It ordained that " if at any time during the existence of
that act there should be an imposition of duties on imports inconsistent
with the provision of the act of the 2d March, 1833, and beyond the
rate of duties fixed by that act, to wit, 20 per cent on the value of such
imports or any of them, then the distribution should be suspended, and
should continue so suspended until that cause should be removed." By
a previous clause it had, in a like spirit of wise and cautious patriotism,
provided for another case, in which all are even now agreed, that the
proceeds of the sales of the public lands should be used for the defense
of the country. It was enacted that the act should continue and be in
force until otherwise provided by law, unless the United States should
become involved in war with any foreign power, in which event, from
the commencement of hostilities, the act should be suspended until the
cessation of hostilities.

Not long after the opening of the present session of Congress the
unprecedented and extraordinary difficulties that have recently embar-
rassed the finances of the country began to assume a serious aspect. It
soon became quite evident that the hopes under which the act of 4th
September was passed, and which alone justified it in the eyes either
of Congress who imposed or of the Executive who approved, the first of
the two conditions just recited were not destined to be fulfilled. Under
the pressure, therefore, of the embarrassments which had thus unexpect-
edly arisen it appeared to me that the course to be pursued had been
clearly marked out for the Government by that act itself. The condi-
tion contemplated in it as requiring a suspension of its operation had
occurred. It became necessary in the opinions of all to raise the rate of
duties upon imports above 20 per cent; and with a view both to provide
available means to meet present exigencies and to lay the foundation for
a successful negotiation of a loan, I felt it incumbent on me to urge upon
Congress to raise the duties accordingly, imposing them in a spirit of a
wise discrimination for the twofold object of affording ample revenue for
the Government and incidental protection to the various branches of
domestic industry. I also pressed, in the most emphatic but respectful
language I could employ, the necessity of making the land sales avail-
able to the Treasury, as the basis of public credit. I did not think that I
could stand excused, much less justified, before the people of the United
States, nor could I reconcile it to myself to recommend the imposition of
additional taxes upon them without at the same time urging the
employment of all the legitimate means of the Government toward
satisfying- its wants. These opinions were communicated in advance
of any definitive action of Congress on the subject either of the tariff or

2039 Messages and Papers of the Presidents

land sales, under a high sense of public duty and in compliance with an
express injunction of the Constitution, so that if a collision, extremely
to be deprecated, as such collisions always are, has seemingly arisen
between the executive and legislative branches of the Government, it
has assuredly not been owing to any capricious interference or to any
want of a plain and frank declaration of opinion on the part of the
former. Congress differed in its views with those of the Executive, as it
had undoubtedly a right to do, and passed a bill virtually for a time
repealing the proviso of the act of the 4th September, 1841. The bill
was returned to the House in which it originated with my objections to
its becoming a law. With a view to prevent, if possible, an open dis-
agreement of opinion on a point so important, I took occasion to declare
thai I regarded it as an indispensable prerequisite to an increase of
duties above 20 per cent that the act of the 4th September should remain
unrepealed in its provisions. My reasons for that opinion were elabo-
rately set forth in the message which accompanied the return of the bill,
which no constitutional majority appears to have been found for passing
into a law.

The bill which is now before me proposes in its twenty-seventh section
the total repeal of one of the provisos in the act of September, and, while
it increases the duties above 20 per cent, directs an unconditional distri-
bution of the land proceeds. I am therefore subjected a second time in
the period of a few days to the necessity of either giving my approval to
a measure which, in my deliberate judgment, is in conflict with great
public interests or of returning it to the House in which it originated
with my objections. With all my anxiety for the passage of a law which
would replenish an exhausted Treasury and furnish a sound and healthy
encouragement to mechanical industry, I can not consent to do so at the
sacrifice of the peace and harmony of the country and the clearest con-
victions of public dut}r.

For some of the reasons which have brought me to this conclusion
I refer to my previous messages to Congress, and briefly subjoin the
following:

i. The bill unites two subjects which, so far from having any affinity
to one another, are wholly incongruous in their character. It is both a
revenue and an appropriation bill. It thus imposes on the Executive,
in the first place, the necessity of either approving that which he would
reject or rejecting that which he might otherwise approve. This is a
species of constraint to which the judgment of the Executive ought not,
in my opinion, to be subjected. But that is not my only objection to the
act in its present form. The union of subjects wholly dissimilar in their
character in the same bill, if it grew into a practice, would not fail to lead
to consequences destructive of all wise and conscientious legislation.
Various measures, each agreeable only to a small minority, might by
bein? thus united — and the more the greater chance of success — lead to

John Tyler 2040

the passing of laws of which no single provision could if standing alone
command a majority in its favor.

2. While the Treasury is in a state of extreme embarrassment, requir-
ing every dollar which it can make available, and when the Government
has not only to lay additional taxes, but to borrow money to meet pressing
demands, the bill proposes to give away a fruitful source of revenue —
./hich is the same thing as raising money by loan and taxation — not to
meet the wants of the Government, but for distribution — a proceeding
which I must regard as highly impolitic, if not unconstitutional.

A brief review of the present condition of the public finances will serve
to illustrate the true condition of the Treasury and exhibit its actual
necessities:

On the sth of August (Friday last) there was in the Treasury, in round num-
bers $2, 150, ooo

Necessary to be retained to meet trust funds $360, ooo

Interest on public debt due in October 80, ooo

To redeem Treasury notes and pay the interest 100, ooo

Land distribution under the act of the 4th of September, 1841 640,003

1,180,000

Leaving an available amount of 970, ooo

The Navy Department had drawn requisitions on the Treasury at that
time to meet debts actually due, among which are bills under protest for
$1,414,000, thus leaving an actual deficit of $444,000.

There was on hand about $100,000 of unissued Treasury notes, assisted
by the accruing revenue (amounting to about $150,000 per week, exclu-
sive of receipts on unpaid bonds) , to meet requisitions for the Army and
the demands of the civil list.

The withdrawal of the sum of $640,000 to be distributed among the
States, so soon as the statements and accounts can be made up and com-
pleted, by virtue of the provisions of the act of the 4th of September last
(of which nearly a moiety goes to a few States, and only about $383,000
is to be divided among all the States) , while it adds materially to the
embarrassments of the Treasury, affords to the States no decided relief.

No immediate relief from this state of things is anticipated unless
(what would most deeply be deplored) the Government could be recon-
ciled to the negotiation of loans already authorized by law at a rate of
discount ruinous in itself and calculated most seriously to affect the
public credit. So great is the depression of trade that even if the pres-'
ent bill were to become a law and prove to be productive some time
would elapse before sufficient supplies would flow into the Treasury,
while in the meantime its embarrassments would be continually aug-
mented by the semiannual distribution of the land proceeds.

Indeed, there is but too much ground to apprehend that even if this
bill were permitted to become a law — alienating, as it does, the proceeds
of the land sales — an actual deficit in the Treasury would occur, which
would more than probably involve the necessity of a resort to direct
taxation.

2041 Messages and Papers of the Presidents

Let it be also remarked that $5,500,000 of the public debt becomes
redeemable in about two years and a half, which at any sacrifice must
be met, while the Treasury is always liable to demands for the payment
of outstanding Treasury notes. Such is the gloomy picture which our
financial department now presents, and which calls for the exercise of
a rigid economy in the public expenditures and the rendering available
of all the means within the control of the Government. I most respect-
fully submit whether this is a time to give away the proceeds of the
land sales when the public lands constitute a fund which of all others
may be made most useful in sustaining the public credit. Can the Gov
ernment be generous and munificent to others when every dollar it
can command is necessary to supply its own wants? And if Congress
would not hesitate to suffer the provisions of the act of 4th September
last to remain unrepealed in case the country was involved in war, is
not the necessity for such a course now just as imperative as it would
be then?

3. A third objection remains to be urged, which would be sufficient
in itself to induce me to return the bill to the House with my objections.
By uniting two subjects so incongruous as tariff and distribution it inev-
itably makes the fate of the one dependent upon that of the other in
future contests of party. Can anything be more fatal to the merchant
or manufacturer than such an alliance? What they most of all require
is a system of moderate duties so arranged as to -withdraw the tariff
question, as far as possible, completely from the arena of political conten-
tion. Their chief want is permanency and stability. Such an increase
of the tariff I believe to be necessary in order to meet the economical
expenditures of Government. Such an increase, made in the spirit of
moderation and judicious discrimination, would, I have no doubt, be
entirely satisfactory to the great majority of the American people. In
the way of accomplishing a measure so salutary and so imperatively
demanded by every public interest, the legislative department will meet
with a cordial cooperation on the part of the Executive. This is all that
the manufacturer can desire, and it would be a burden readily borne
by the people. But I can not too earnestly repeat that in order to be
beneficial it must be permanent, and in order to be permanent it must
command general acquiescence. But can such permanency be justly
hoped for if the tariff question be coupled with that of distribution, as
to which a serious conflict of opinion exists among the States and the
people, and which enlists in its support a bare majority, if, indeed, there
be a majority, of the two Houses of Congress? What permanency or
stability can attach to a measure which, warring upon itself, gives away
a fruitful source of revenue at the moment it proposes a large increase
of taxes on the people? Is the manufacturer prepared to stake himself
and his interests upon such an issue ?

I know that it is urged (but most erroneously, in my opinion) that

John Tyler 2042

instability is just as apt to be produced by retaining the public lands as
a source of revenue as from any other cause, and this is ascribed to a
constant fluctuation, as it is said, in the amount of sales. If there were
anything in this objection, it equally applies to every imposition of duties
on imports. The amount of revenue annually derived from duties is con-
stantly liable to change. The regulations of foreign governments, the
varying productiveness of other countries, periods of excitement in trade,
and a great variety of other circumstances are constantly arising to affect
the state of commerce, foreign and domestic, and, of consequence, the
revenue levied upon it. The sales of the public domain in ordinary
times are regulated by fixed laws which have their basis in a demand
increasing only in the ratio of the increase of population. In recurring
to the statistics connected with this subject it will be perceived that for
a period of ten years preceding 1834 the average amount of land sales
did not exceed $2,000,000. For the increase which took place in 1834,
1835, and 1836 we are to look to that peculiar condition of the country
which grew out of one of the most extraordinary excitements in business
and speculation that has ever occurred in the history of commerce and
currency. It was the fruit of a wild spirit of adventure engendered by
a vicious system of credits, under the evils of which the country is still
laboring, and which it is fondly hoped will not soon recur. Considering
the vast amount of investments made by private individuals in the public
lands during those three years, and which equaled $43,000,000 (equal
to more than twenty years' purchase), taking the average of sales of
the ten preceding years, it may be safely asserted that the result of the
public-land sales can hold out nothing to alarm the manufacturer with
the idea of instability in the revenues and consequently in the course of
the Government.

Under what appears to me, therefore, the soundest considerations of
public policy, and in view of the interests of every branch of domestic
industry, I return you the bill with these my objections to its becoming
a law.

I take occasion emphatically to repeat my anxious desire to cooperate
with Congress in the passing of a law which, while it shall assist in sup-
plying the wants of the Treasury and reestablish public credit, shall
afford to the manufacturing interests of the country all the incidental
protection they require.

After all, the effect of what I do is substantially to call on Congress to
reconsider the subject. If on such reconsideration a majority of two-
thirds of both Houses should be in favor of this measure, it will become
a law notwithstanding my objections. In a case of clear and manifest
error on the part of the President the presumption of the Constitution
is that such majorities will be found. Should they be so found in this
case, having conscientiously discharged my own duty I shall cheerfully
acquiesce in the result. JOHN TYLER

2O43 Messages and Papers of the Presidents

PROTEST.*

WASHINGTON, Aiigust 30, 184.2.
To the House of Representatives:

By the Constitution of the United States it is provided that "every
bill which shall have passed the House of Representatives and the Sen-
ate shall before it become a law be presented to the President of the
United States; if he approve, he shall sign it; but if not, he shall return
it with his objections to that House in which it shall have originated,
who shall enter the objections at large upon the Journal and proceed to
reconsider it. ' '

In strict compliance with the positive obligation thus imposed upon
me by the Constitution, not having been able to bring myself to approve
a bill which originated in the House of Representatives entitled ' 'An act
to provide revenue from imports, and to change and modify existing laws
imposing duties on imports, and for other purposes, ' ' I returned the same
to the House with my objections to its becoming a law. These objec-
tions, which had entirely satisfied my own mind of the great impolicy,
if not unconstitutionally, of the measure, were presented in the most
respectful and even deferential terms. I would not have been so far
forgetful of what was due from one department of the Government to
another as to have intentionally employed in my official intercourse with
the House any language that could be in the slightest degree offensive
to those to whom it was addressed. If in assigning my objections to the
bill I had so far forgotten what was due to the House of Representatives
as to impugn its motives in passing the bill, I should owe, not only to
that House, but to the country, the most profound apology. Such
departure from propriety is, however, not complained of in any pro-
ceeding which the House has adopted. It has, on the contrary, been
expressly made a subject of remark, and almost of complaint, that the
language in which my dissent was couched was studiously guarded and
cautious.

Such being the character of the official communication in question, I
confess I was wholly unprepared for the course which has been pursued
in regard to it. In the exercise of its power to regulate its own pro-
ceedings the House for the first time, it is believed, in the history of the
Government thought proper to refer the message to a select committee
of its own body for the purpose, as my respect for the House would have
compelled me to infer, of deliberately weighing the objections urged
against the bill by the Executive with a view to its own judgment upon
the question of the final adoption or rejection of the measure.

Of the temper and feelings in relation to myself of some of the mem-
bers selected for the performance of this duty I have nothing to say.

*The House of Representatives ordered that it be uot entered on the Journal.

John Tylei 2044

That was a matter entirely within the discretion of the House of Repre-
sentatives. But that committee, taking a different view of its duty from
that which I should have supposed had led to its creation, instead of con-
fining itself to the objections urged against the bill availed itself of the
occasion formally to arraign the motives of the President for others of his
acts since his induction into office. In the absence of all proof and, as I
am bound to declare, against all law or precedent in parliamentary pro-
ceedings, and at the same time in a manner which it would be difficult to
reconcile with the comity hitherto sacredly observed in the intercourse
between independent and coordinate departments of the Government, it
has assailed my whole official conduct without the shadow of a pretext
for such assault, and, stopping short of impeachment, has charged me,
nevertheless, with offenses declared to deserve impeachment.

Had the extraordinary report which the committee thus made to the
House been permitted to remain without the sanction of the latter, I
should not have uttered a regret or complaint upon the subject. But
unaccompanied as it is by any particle of testimony to support the
charges it contains, without a deliberate examination, almost without
any discussion, the House of Representatives has been pleased to adopt
it as its own, and thereby to become my accuser before the country and
before the world. The high character of such an accuser, the gravity
of the charges which have been made, and the judgment pronounced
against me by the adoption of the report upon a distinct and separate
vote of the House leave me no alternative but to enter my solemn pro-
test against this proceeding as unjust to myself as a man, as an invasion
of my constitutional powers as Chief Magistrate of the American people,
and as a violation in my person of rights secured to every citizen by the
laws and the Constitution. That Constitution has intrusted to the House
of Representatives the sole power of impeachment. Such impeachment
is required to be tried before the most august tribunal known to our insti-
tutions. The Senate of the United States, composed of the representa-
tives of the sovereignty of the States, is converted into a hall of justice,
and in order to insure the strictest observance of the rules of evidence and
of legal procedure the Chief Justice of the United States, the highest judi-
cial functionary of the land, is required to preside over its deliberations.
In the presence of such a judicatory the voice of faction is presumed to be
silent, and the sentence of guilt or innocence is pronounced under the
most solemn sanctions of religion, of honor, and of law. To such a tri-
bunal does the Constitution authorize the House of Representatives to
carry up its accusations against any chief of the executive department
whom it may believe to be guilty of high crimes and misdemeanors.
Before that tribunal the accused is confronted with his accusers, and may
demand the privilege, which the justice of the common law secures to the
humblest citizen, of a full, patient, and impartial inquiry into the facts,
upon the testimony of witnesses rigidly cross-examined and deposing in

2045 Messages and Papers of the Presidents

the face of day. If such a proceeding had been adopted toward me, unjust
as I should certainly have regarded it, I should, I trust, have met with a
becoming constancy a trial as painful as it would have been undeserved.
I would have manifested by a profound submission to the laws of my
country my perfect faith in her justice, and, relying on the purity of
my motives and the rectitude of my conduct, should have looked forward
with confidence to a triumphant refutation in the presence of that coun-
try and by the solemn judgment of such a tribunal not only of whatever
charges might have been formally preferred against me, but of all the
calumnies of which I have hitherto been the unresisting victim. As it is,
I have been accused without evidence and condemned without a hearing.
As far as such proceedings can accomplish it, I am deprived of public
confidence in the administration of the Government and denied even the
boast of a good name — a name transmitted to me from a patriot father,
prized as my proudest inheritance, and carefully preserved for those who
are to come after me as the most precious of all earthly possessions. I
am not only subjected to imputations affecting my character as an indi-
vidual, but am charged with offenses against the country so grave and
so heinous as to deserve public disgrace and disfranchisement. I am
charged with violating pledges which I never gave, and, because I exe-
cute what I believe to be the law, with usurping powers not conferred
by law, and, above all, with using the powers conferred upon the Presi-
dent by the Constitution from corrupt motives and for unwarrantable
ends. And these charges are made without any particle of evidence to
sustain them, and, as I solemnly affirm, without any foundation in truth.
Why is a proceeding of this sort adopted at this time? Is the occasion
for it found in the fact that having been elected to the second office under
the Constitution by the free and voluntary suffrages of the people, I
have succeeded to the first according to the express provisions of the
fundamental law of the same people? It is true that the succession of
the Vice-President to the Chief Magistracy has never occurred before
and that all prudent and patriotic minds have looked on this new trial of
the wisdom and stability of our institutions with a somewhat anxious
concern. I have been made to feel too sensibly the difficulties of my
unprecedented position not to know all that is intended to be conveyed
in the reproach cast upon a President without a party. But I found
myself placed in this most responsible station by no usurpation or con-
trivance of my own. I was called to it, under Providence, by the supreme
law of the land and the deliberately declared will of the people. It is
by these that I have been clothed with the high powers which they have
seen fit to confide to their Chief Executive and been charged with the
solemn responsibility under which those powers are to be exercised. It
is to them that I hold myself answerable as a moral agent for a free and
conscientious discharge of the duties which they have imposed upon me.
It is not as an individual merely that I am now called upon to resist

John Tyler 2046

the encroachments of unconstitutional power. I represent the executive
authority of the people of the United States, and it is in their name,
whose mere agent and servant I am, and whose will declared in their
fundamental law I dare not, even were I inclined, to disobey, that I pro-
test against every attempt to break down the undoubted constitutional
power of this department without a solemn amendment of that funda-
mental law.

I am determined to uphold the Constitution in this as in other respecti
to the utmost of my ability and in defiance of all personal consequences.
What may happen to an individual is of little importance, but the Con-
stitution of the country, or any one of its great and clear principles and
provisions, is too sacred to be surrendered under any circumstances what-
ever by those who are charged with its protection and defense. Least of
all should he be held guiltless who, placed at the head of one of the great
departments of the Government, should shrink from the exercise of its
unquestionable authority on the most important occasions and should
consent without a struggle to efface all the barriers so carefully erected
by the people to control and circumscribe the powers confided to their
various agents. It may be desirable, as the majority of the House of
Representatives has declared it is, that no such checks upon the win
of the Legislature should be suffered to continue. This is a matter for
the people and States to decide, but until they shall have decided it I
shall feel myself bound to execute, without fear or favor, the law as it has
been written by our predecessors.

I protest against this whole proceeding of the House of Representatives
as ex parte and extra judicial. I protest against it as subversive of the
common right of all citizens to be condemned only upon a fair and impar-
tial trial, according to law and evidence, before the country. I protest
against it as destructive of all the comity of intercourse between the
departments of this Government, and destined sooner or later to lead to
conflicts fatal to the peace of the country and the integrity of the Con-
stitution. I protest against it in the name of that Constitution which
is not only my own shield of protection and defense, but that of every
American citizen. I protest against it in the name of the people, by whose
will I stand where I do, by whose authority I exercised the power which
I am charged with having usurped, and to whom I am responsible for a
firm and faithful discharge according to my own convictions of duty of
the high stewardship confided to me by them. I protest against it in the
name of all regulated liberty and all limited government as a proceeding
tending to the utter destruction of the checks and balances of the Consti-
tution and the accumulating in the hands of the House of Representa-
tives, or a bare majority of Congress for the time being, an uncontrolled
and despotic power. And I respectfully ask that this my protest may be
entered upon the Journal of the House of Representatives as a solemn
and formal declaration for all time to come against the injustice and
unconstitutionally of such a proceeding. JOHN TYLER.

2O47 Messages and Papers of the Presidents

SECOND ANNUAL MESSAGE.

WASHINGTON, December 6, 184.2.
To the Senate and House of Representatives of the United States:

We have continued reason to express our profound gratitude to the
Great Creator of All Things for numberless benefits conferred upon us as
a people. Blessed with genial seasons, the husbandman has his garners
filled with abundance, and the necessaries of life, not to speak of its lux-
uries, abound in every direction. While in some other nations steady
and industrious labor can hardly find the means of subsistence, the great-
est evil which we have to encounter is a surplus of production beyond
the home demand, which seeks, and with difficulty finds, a partial mar-
ket in other regions. The health of the country, with partial exceptions,
has for the past year been well preserved, and under their free and wise
institutions the United States are rapidly advancing toward the consum-
mation of the high destiny which an overruling Providence seems to have
marked out for them. Exempt from domestic convulsion and at peace
with all the world, we are left free to consult as to the best means of
securing and advancing the happiness of the people. Such are the cir-
cumstances under which you now assemble in your respective chambers
and which should lead us to unite in praise and thanksgiving to that
great Being who made us and who preserves us as a nation.

I congratulate you, fellow-citizens, on the happy change in the aspect
of our foreign affairs since my last annual message. Causes of complaint
at that time existed between the United States and Great Britain which,
attended by irritating circumstances, threatened most seriously the pub-
lic peace. The difficulty of adjusting amicably the questions at issue
between the two countries was in no small degree augmented by the
lapse of time since they had their origin. The opinions entertained by
the Executive on several of the leading topics in dispute were frankly
set forth in the message at the* opening of your late session. The
appointment of a special minister by Great Britain to the United States
with power to negotiate upon most of the points of difference indicated
a desire on her part amicably to adjust them, and that minister was met
by the Executive in the same spirit which had dictated his mission.
The treaty consequent thereon having been duly ratified by the two
Governments, a copy, together with the correspondence which accom-
panied it, is herewith communicated. I trust that whilst you may see is
it nothing objectionable, it may be the means of preserving for an indefi-
nite period the amicable relations happily existing between the two Gov-
ernments. The question of peace or war between the United States and
Great Britain is a question of the deepest interest, not only to them-
selves, but to the civilized world, since it is scarcely possible that a war

John Tyler 2048

could exist between them without endangering the peace of Christen-
dom. The immediate effect of the treaty upon ourselves will be felt in
the security afforded to mercantile enterprise, which, no longer appre-
hensive of interruption, adventures its speculations in the most distant
seas, and, freighted with the diversified productions of every land, returns
to bless our own. There is nothing in the treaty which in the slightest
degree compromits the honor or dignity of either nation. Next to the
settlement of the boundary line, which must always be a matter of diffi-
culty between states as between individuals, the question which seemed
to threaten the greatest embarrassment was that connected with the
African slave trade.

By the tenth article of the treaty of Ghent it was expressly declared
that—-
Whereas the traffic in slaves is irreconcilable with the principles of humanity and
justice, and whereas both His Majesty and the United States are desirous of con-
tinuing their efforts to promote its entire abolition, it is hereby agreed that both
the contracting parties shall use their best endeavors to accomplish so desirable an
object.

In the enforcement of the laws and treaty stipulations of Great Britain
a practice had threatened to grow up on the part of its cruisers of sub-
jecting to visitation ships sailing under the American flagr which, while
it seriously involved our maritime rights, would subject to vexation a
branch of our trade which was daily increasing, and which required
the fostering care of Government. And although Lord Aberdeen in
his correspondence with the American envoys at London expressly dis-
claimed all right to detain an American ship on the high seas, even if
found with a cargo of slaves on board, and restricted the British preten-
sion to a mere claim to visit and inquire, yet it could not well be dis-
cerned by the Executive of the United States how such visit and inquiry
could be made without detention on the voyage and consequent interrup-
tion to the trade. It was regarded as the right of search presented only
in a new form and expressed in different words, and I therefore felt it to
be my duty distinctly to declare in my annual message to Congress that
no such concession could be made, and that the United States had both
the will and the ability to enforce their own laws and to protect their
flag from being used for purposes wholly forbidden by those laws and
obnoxious to the moral censure of the world. Taking the message as
his letter of instructions, our then minister at Paris felt himself required
to assume the same ground in a remonstrance which he felt it to be
his duty to present to Mr. Guizot, and through him to the King of the
French, against what has been called the "quintuple treaty;" and his
conduct in this respect met with the approval of this Government. In
close conformity with these views the eighth article of the treaty was
framed, which provides " that each nation shall keep afloat in the Afri-
can seas a force not less than So guns, to act separately and apart, under

2O49 Messages and Papers of the Presidents

instructions from their respective Governments, and for the enforcement
of their respective laws and obligations. ' ' From this it will be seen that
the ground assumed in the message has been fully maintained at the same
time that the stipulations of the treaty of Ghent are to be carried out in
good faith by the two countries, and that all pretense is removed for
interference with our commerce for any purpose whatever by a foreign
government. While, therefore, the United States have been standing up
for the freedom of the seas, they have not thought proper to make that a
pretext for avoiding a fulfillment of their treaty stipulations or a ground
for giving countenance to a trade reprobated by our laws. A similar
arrangement by the other great powers could not fail to sweep from the
ocean the slave trade without the interpolation of any new principle into
the maritime code. We may be permitted to hope that the example thus
set will be followed by some if not all of them. We thereby also afford
suitable protection to the fair trader in those seas, thus fulfilling at the
same time the dictates of a sound policy and complying with the claims
of justice and humanity.

It would have furnished additional cause for congratulation if the treaty
could have embraced all subjects calculated in future to lead to a misun-
derstanding between the two Governments. The Territory of the United
States commonly called the Oregon Territory, lying on the Pacific Ocean
north of the forty-second degree of latitude, to a portion of which Great
Britain lays claim, begins to attract the attention of our fellow-citizens,
and the tide of population which has reclaimed what was so lately an
unbroken wilderness in more contiguous regions is preparing to flow
over those vast districts which stretch from the Rocky Mountains to the
Pacific Ocean. In advance of the acquirement of individual rights to these
lands, sound policy dictates that every effort should be resorted to by the
two Governments to settle their respective claims. It became manifest
at an early hour of the late negotiations that any attempt for the time
being satisfactorily to determine those rights would lead to a protracted
discussion, which might embrace in its failure other more pressing mat-
ters, and the Executive did not regard it as proper to waive all the advan-
tages of an honorable adjustment of other difficulties of great magnitude
and importance because this, not so immediately pressing, stood in the
way. Although the difficulty referred to may not for several years to
come involve the peace of the two countries, yet I shall not delay to urge
on Great Britain the importance of its early settlement. Nor will other
matters of commercial importance to the two countries be overlooked,
and I have good reason to believe that it will comport with the policy of
England, as it docs with that of the United States, to seize upon this
moment, when most of the causes of irritation have passed away, to cement
the peace and amity of the two countries by wisely removing all grounds
of probable future collision.

With the other powers of Europe our relations continue on the most

John Tyler 2050

amicable footing. Treaties now existing with them should be rigidly
observed, and every opportunity compatible with the interests of the
United States should be seized upon to enlarge the basis of commercial
intercourse. Peace with all the world is the true foundation of our
policy, which can only be rendered permanent by the practice of equal
and impartial justice to all. Our great desire should be to enter only
into that rivalry which looks to the general good in the cultivation of the
sciences, the enlargement of the field for the exercise of the mechanical
arts, and the spread of commerce — that great civilizer — to every land and
sea. Carefully abstaining from interference in all questions exclusively
referring themselves to the political interests of Europe, we may be per-
mitted to hope an equal exemption from the interference of European
Governments in what relates to the States of the American continent.

On the 23d of April last the commissioners on the part of the United
States under the convention with the Mexican Republic of the nth of
April, 1839, made to the proper Department a final report in relation to
the proceedings of the commission. From this it appears that the total
amount awarded to the claimants by the commissioners and the umpire
appointed under that convention was $2,026,079.68. The arbiter having
considered that his functions were required by the convention to termi-
nate at the same time with those of the commissioners, returned to the
board, undecided for want of time, claims which had been allowed by the
American commissioners to the amount of $928,620.88. Other claims,
in which the amount sought to be recovered was $3,336,837.05, were
submitted to the board too late for its consideration. The minister of
the United States at Mexico has been duly authorized to make demand
for payment of tht awards according to the terms of the convention and
the provisions of ti'.e act of Congress of the i2th of June, 1840. He
has also been instruc ted to communicate to that Government the expecta-
tions of the Governn: ent of the United States in relation to those claims
which were not disposed of according to the provisions of the conven-
tion, and all others of citizens of the United States against the Mexican
Government. He has also been furnished with other instructions, to be
followed by him in case the Government of Mexico should not find itself
in a condition to make present payment of the amount of the awards in
specie or its equivalent.

I am happy to be able to say that information which is esteemed
favorabte both to a just satisfaction of the awards and a reasonable provi-
sion for other claims has been recently received from Mr. Thompson, the
minister of the United States, who has promptly and efficiently executed
the instructions of his Government in regard to this important subject.

The citizens of the United States who accompanied the late Texan
expedition to Santa Fe, and who were wrongfully taken and held as
prisoners of war in Mexico, have all been liberated.

A correspondence has taken place between the Department of State

205 1 Messages and Papers of the Presidents

and the Mexican minister of foreign affairs upon the complaint of Mex-
ico that citizens of the United States were permitted to give aid to the
inhabitants of Texas in the war existing between her and that Republic.
Copies of this correspondence are herewith communicated to Congress,
together with copies of letters on the same subject addressed to the
diplomatic corps at Mexico by the American minister and the Mexican
secretary of state.

Mexico has thought proper to reciprocate the mission of the United
States to that Government by accrediting to this a minister of the same
rank as that of the representative of the United States in Mexico. From
the circumstances connected with his mission favorable results are antic-
ipated from it. It is so obviously for the interest of both countries as
neighbors and friends that all just causes of mutual dissatisfaction should
be removed that it is to be hoped neither will omit or delay the employ-
ment of any practicable and honorable means to accomplish that end.

The affairs pending between this Government and several others of
the States of this hemisphere formerly under the dominion of Spain have
again within the past year been materially obstructed by the military
revolutions and conflicts in those countries.

The ratifications of the treaty between the United States and the
Republic of Ecuador of the i3th of June, 1839, have been exchanged,
and that instrument has been duly promulgated on the part of this Gov-
ernment. Copies are now communicated to Congress with a view to
enable that body to make such changes in the laws applicable to our
intercourse with that Republic as may be deemed requisite.

Provision has been made by the Government of Chile for the payment
of the claim on account of the illegal detention of the brig Warrior -&
Coquimbo in 1820. This Government has reason to expect that other
claims of our citizens against Chile will be hastened to a final and satis-
factory close.

The Empire of Brazil has not been altogether exempt from those con-
vulsions which so constantly afflict the neighboring republics. Disturb-
ances which recently broke out are, however, now understood to be
quieted. But these occurrences, by threatening the stability of the gov-
ernments, or by causing incessant and violent changes in them or in the
persons who administer them, tend greatly to retard provisions for a
just indemnity for losses and injuries suffered by individual subjects
or citizens of other states. The Government of the United States will
feel it to be its duty, however, to consent to no delay not unavoidable in
making satisfaction for wrongs and injuries sustained by its own citi-
zens. Many years having in some cases elapsed, a decisive and effectual
course of proceeding will be demanded of the respective governments
against whom claims have been preferred.

The vexatious, harassing-, and expensive war which so long prevailed
with the Indian tribes inhabiting the peninsula of Florida has happily

John Tyler 2052

been terminated, whereby our Army has been relieved from a service of
the most disagreeable character and the Treasury from a large expendi-
ture. Some casual outbreaks may occur, such as are incident to the
close proximity of border settlers and the Indians, but these, as in all
other cases, may be left to the care of the local authorities, aided when
occasion may require by the forces of the United States. A sufficient
number of troops will be maintained in Florida so long as the remotest
apprehensions of danger shall exist, yet their duties will be limited
rather to the garrisoning of the necessary posts than to the maintenance
of active hostilities. It is to be hoped that a territory so long retarded
in its growth will now speedily recover from the evils incident to a pro-
tracted war, exhibiting in the increased amount of its rich productions
true evidences of returning wealth and prosperity. By the practice of
rigid justice toward the numerous Indian tribes residing within our ter-
ritorial limits and the exercise of a parental vigilance over their interests,
protecting them against fraud and intrusion, and at the same time using
every proper expedient to introduce among them the arts of civilized life,
we may fondly hope not only to wean them from their love of war, but
to inspire them with a love for peace and all its avocations. With sev-
eral of the tribes great progress in civilizing them has already been made.
The schoolmaster and the missionary are found side by side, and the
remnants of what were once numerous and powerful nations may yet be
preserved as the builders up of a new name for themselves and their
posterity.

The balance in the Treasury on the ist of January, 1842, exclusive of
the amount deposited with the States, trust funds, and indemnities, was
$230,483.68. The receipts into the Treasury during the three first quar-
ters of the present year from all sources amount to $26,616,593.78, of
which more than fourteen millions were received from customs and about
one million from the public lands. The receipts for the fourth quarter are
estimated at nearly eight millions, of which four millions are expected
from customs and three millions and a half from loans and Treasury
notes. The expenditures of the first three quarters of the present year
exceed twenty-six millions, and those estimated for the fourth quarter
amount to about eight millions; and it is anticipated there will be a defi-
ciency of half a million on the ist of January next, but that the amount
of outstanding warrants (estimated at $800,000) will leave an actual
balance of about $224,000 in the Treasury. Among the expenditures of
this year are more than eight millions for the public debt and about
$600,000 on account of the distribution to the States of the proceeds of
sales of the public lands.

The present tariff of duties was somewhat hastily and hurriedly passed
near the close of the late session of Congress. That it should have
defects can therefore be surprising to no one. To remedy such defects
as may be found to exist in any of its numerous provisions will not

2053 Messages and Papers of the Presidents

fail to claim your serious attention. It may well merit inquiry whether
the exaction of all duties in cash does not call for the introduction of a
system which has proved highly beneficial in countries where it has been
adopted. I refer to the warehousing system. The first and most promi-
nent effect which it would produce would be to protect the market alike
against redundant or deficient supplies of foreign fabrics, both of which
in the long run are injurious as well to the manufacturer as the importer.
The quantity of goods in store being at all times readily known, it would
enable the importer with an approach to accuracy to ascertain the actual
wants of the market and to regulate himself accordingly. If, however,
he should fall into error by importing an excess above the public wants,
he could readily correct its evils by availing himself of the benefits and
advantages of the system thus established. In the storehouse the goods
imported would await the demand of the market and their issues would
be governed by the fixed principles of demand and supply. Thus an
approximation would be made to a steadiness and uniformity of price,
which if attainable would conduce to the decided advantage of mercan-
tile and mechanical operations.

The apprehension may be well entertained that without something to
ameliorate the rigor of cash payments the entire import trade may fall
into the hands of a few wealthy capitalists in this country and in Europe.
The small importer, who requires all the money he can raise for invest-
ments abroad, and who can but ill afford to pay the lowest duty, would
have to subduct in advance a portion of his funds in order to pay the
duties, and would lose the interest upon the amount thus paid for all
the time the goods might remain unsold, which might absorb his profits.
The rich capitalist, abroad as well as at home, would thus possess after
a short time an almost exclusive monopoly of the import trade, and laws
designed for the benefit of all would thus operate for the benefit of a
few — a result wholly uncongenial with the spirit of our institutions and
antirepublican in all its tendencies. The warehousing system would
enable the importer to watch the market and to select his own time for
offering his goods for sale. A profitable portion of the carrying trade in
articles entered for the benefit of drawback must also be most seriously
affected without the adoption of some expedient to relieve the cash sys-
tem. The warehousing system would afford that relief, since the carrier
would have a safe recourse to the public storehouses and might without
advancing the duty reship within some reasonable period to foreign ports.
A further effect of the measure would be to supersede the system of
drawbacks, thereby effectually protecting the Government against fraud,
as the right of debenture would not attach to goods after their withdrawal
from the public stores.

In revising the existing tariff of duties, should you deem it proper to
do so at your present session, I can only repeat the suggestions and rec-
ommendations which upon several occasions I have heretofore felt it to

John Tyler 2054

be my duty to offer to Congress. The great primary and controlling
interest of the American people is union — union not only in the mere
forms of government, forms which may be broken, but union founded
in an attachment of States and individuals for each other. This union
in sentiment and feeling can only be preserved by the adoption of that
course of policy which, neither giving exclusive benefits to some nor
imposing unnecessary burthens upon others, shall consult the interests
of all by pursuing a course of moderation and thereby seeking to harmo-
nize public opinion, and causing the people every where to feel and to
know that the Government is careful of the interests of all alike. Nor is
there any subject in regard to which moderation, connected with a wise
discrimination, is more necessary than in the imposition of duties on
imports. Whether reference be had to revenue, the primary object in
the imposition of taxes, or to the incidents which necessarily flow from
their imposition, this is entirely true. Extravagant duties defeat their
end and object, not only by exciting in the public mind an hostility
to the manufacturing interests, but by inducing a system of smuggling
on an extensive scale and the practice of every manner of fraud upon
the revenue, which the utmost vigilance of Government can not effec-
tually suppress. An opposite course of policy would be attended by
results essentially different, of which every interest of society, and none
xnore than those of the manufacturer, would reap important advantages.
Among the most striking of its benefits would be that derived from the
general acquiescence of the country in its support and the consequent
permanency and stability which would be given to all the operations of
industry. It can not be too often repeated that no system of legisla-
tion can be wise which is fluctuating and uncertain. No interest can
thrive under it. The prudent capitalist will never adventure his capital
in manufacturing establishments, or in any other leading pursuit of life,
if there exists a state of uncertainty as to whether the Government will
repeal to-morrow what it has enacted to-day. Fitful profits, however
high, if threatened with a ruinous reduction by a vacillating policy on the
part of Government, will scarcely tempt him to trust the money which he
has acquired by a life of labor upon the uncertain adventure. I therefore,
in the spirit of conciliation, and influenced by no other desire than to
rescue the great interests of the country from the vortex of political con-
tention, and in the discharge of the high and solemn duties of the place
which I now occupy, recommend moderate duties, imposed with a wise
discrimination as to their several objects, as being not only most likely to
be durable, but most advantageous to every interest of society.

The report of the Secretary of the War Department exhibits a very
full and satisfactory account of the various and important interests com-
mitted to the charge of that officer. It is particularly gratifying to find
that the expenditures for the military service are greatly reduced in
amount — that a strict system of economy has been introduced into the

2055 Messages and Papers of the Presidents

service and the abuses of past years greatly reformed. The fortifica-
tions on our maritime frontier have been prosecuted with much vigor,
and at many points our defenses are in a very considerable state of for-
wardness. The suggestions in reference to the establishment of means
of communication with our territories on the Pacific and to the surveys
so essential to a knowledge of the resources of the intermediate country
are entitled to the most favorable consideration. While I would propose
nothing inconsistent with friendly negotiations to settle the extent of
our claims in that region, yet a prudent forecast points out the necessity
of such measures as may enable us to maintain our rights. The arrange-
ments made for preserving our neutral relations on the boundary between
us and Texas and keeping in check the Indians in that quarter will be
maintained so long as circumstances may require. For several years
angry contentions have grown out of the disposition directed by law to
be made of the mineral lands held by the Government in several of the
States. The Government is constituted the landlord, and the citizens
of the States wherein lie the lands are its tenants. The relation is an
unwise one, and it would be much more conducive of the public interest
that a sale of the lands should be made than that they should remain in
their present condition. The supply of the ore would be more abun-
dantly and certainly furnished when to be drawn from the enterprise and
the industry of the proprietor than under the present system.

The recommendations of the Secretary in regard to the improvements
of the Western waters and certain prominent harbors on the L,akes merit,
and I doubt not will receive, your serious attention. The great impor-
tance of these subjects to the prosperity of the extensive region referred
to and the security of the whole country in time of war can not escape
observation. The losses of life and property which annually occur in the
navigation of the Mississippi alone because of the dangerous obstructions
in the river make a loud demand upon Congress for the adoption of effi-
cient measures for their removal.

The report of the Secretary of the Navy will bring you acquainted with
that important branch of the public defenses. Considering the already
vast and daily increasing commerce of the country, apart from the
exposure to hostile inroad of an extended seaboard, all that relates to
the Navy is calculated to excite particular attention. Whatever tends
to add to its efficiency without entailing unnecessary charges upon the
Treasury is well worthy of your serious consideration. It will be seen
that while an appropriation exceeding by more than a million the appro-
priations of the current year is asked by the Secretary, yet that in this
sum is proposed to be included $400,000 for the purchase of clothing,
which when once expended will be annually reimbursed by the sale of
the clothes, and will thus constitute a perpetual fund without any new
appropriation to the same object. To this may also be added $50,000
asked to cover the arrearages of past years and $250,000 in order to

John Tylet 2056

maintain a competent squadron on the coast of Africa; all of which when
deducted will reduce the expenditures nearly within the limits of those
of the current year. While, however, the expenditures will thus remain
very nearly the same as of the antecedent year, it is proposed to add
greatly to the operations of the marine, and in lieu of only 25 ships in
commission and but little in the way of building, to keep with the same
expenditure 41 vessels afloat and to build 12 ships of a small class.

A strict system of accountability is established and great pains are
taken to insure industry, fidelity, and economy in every department of
duty. Experiments have been instituted to test the quality of various
materials, particularly copper, iron, and coal, so as to prevent fraud and
imposition.

It will appear by the report of the Postmaster- General that the great
point which for several years has been so much desired has during the
current year been fully accomplished. The expenditures of the Depart-
ment for current service have been brought within its income without
lessening its general usefulness. There has been an increase of revenue
equal to $166,000 for the year 1842 over that of 1841, without, as it is
believed, any addition having been made to the number of letters and
newspapers transmitted through the mails. The post-office laws have
been honestly administered, and fidelity has been observed in accounting
for and paying over by the subordinates of the Department the moneys
which have been received. For the details of the service I refer you to
the report.

I flatter myself that the exhibition thus made of the condition of the
public administration will serve to convince you that every proper atten-
tion has been paid to the interests of the country by those who have been
called to the heads of the different Departments. The reduction in the
annual expenditures of the Government already accomplished furnishes
a sure evidence that economy in the application of the public moneys is
regarded as a paramount duty.

At peace with all the world, the personal liberty of the citizen sacredly
maintained and his rights secured under political institutions deriving
all their authority from the direct sanction of the people, with a soil
fertile almost beyond example and a country blessed with every diversity
of climate and production, what remains to be done in order to advance
the happiness and prosperity of such a people? Under ordinary circum-
stances this inquiry could readily be answered. The best that prob-
ably could be done for a people inhabiting such a country would be to
fortify their peace and security in the prosecution of their various pur-
suits by guarding them against, invasion from without and violence from
within. The rest for the greater part might be left to their own energy
and enterprise. The chief embarrassments which at the moment exhibit
themselves have arisen from overaction, and the most difficult task
which remains to be accomplished is that of correcting and overcoming

2057 Messages and Papers of the Presidents

its effects. Between the years 1833 and 1838 additions were made to
bank capital and bank issues, in the form of notes designed for circu-
lation, to an extent enormously great. The question seemed to be not
how the best currency could be provided, but in what manner the great-
est amount of bank paper could be put in circulation. Thus a vast
amount of what was called money — since for the time being it answered
the purposes of money — was thrown upon the country, an overissue which
was attended, as a necessary consequence, by an extravagant increase of
the prices of all articles of property, the spread of a speculative mania
all over the country, and has finally ended in a general indebtedness on
the part of States and individuals, the prostration of public and private
credit, a depreciation in the market value of real and personal estate,
and has left large districts of country almost entirely without any cir-
culating medium. In view of the fact that in 1830 the whole bank-
note circulation within the United States amounted to but $61,323,898,
according to the Treasury statements, and that an addition had been
made thereto of the enormous sum of $88,000,000 in seven years (the
circulation on the ist of January, 1837, being stated at $149,185,890),
aided by the great facilities afforded in obtaining loans from European
capitalists, who were seized with the same speculative mania which pre-
vailed in the United States, and the large importations of funds from
abroad — the result of stock sales and loans — no one can be surprised at
the apparent but unsubstantial state of prosperity which everywhere pre-
vailed over the land; and as little cause of surprise should be felt at the
present prostration of everything and the ruin which has befallen so
many of our fellow-citizens in the sudden withdrawal from circulation of
so large an amount of bank issues since 1837 — exceeding, as is believed,
the amount added to the paper currency for a similar period antecedent
to 1837 — it ceases to be a matter of astonishment that such extensive
shipwreck should have been made of private fortunes or that difficul-
ties should exist in meeting their engagements on the part of the debtor
States; apart from which, if there be taken into account the immense
losses sustained in the dishonor of numerous banks, it is less a matter
of surprise that insolvency should have visited many of our fellow-
citizens than that so many should have escaped the blighting influences
of the times.

In the solemn conviction of these truths and with an ardent desire
co meet the pressing necessities of the country, I felt it to be my duty to
cause to be submitted to you at the commencement of your last session
the plan of an exchequer, the whole power and duty of maintaining
which in purity and vigor was to be exercised by the representatives of
the people and the States, and therefore virtually by the people them-
selves. It was proposed to place it under the control and direction of a
Treasury board to consist of three commissioners, whose duty it should
be to see that the law of its creation was faithfully executed and that

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FREMONT, THE PATHFINDER

Under the authority of the United States Government, John Charles
Fremont, in 1842, began the exploration of an overland route to the Pacific
Ocean. When the discovery of gold in 1849 precipitated the great emigra-
tion his pathfinding was of incalculable value.

The picture represents him scaling Fremont's Peak in the Rocky Moun-
tains, the highest point in the Wind River Range. In his Journal he says:

" I sprang upon the summit and another step would have precipitated me into
an immense snowfall 500 feet below. To the edge of this field was a sheer
icy precipice. I stood on a narrow crest about 3 feet in width. We unfurled
the national flag to wave in the breeze where never flag waved before. We
had climbed the loftiest peak of the Rocky Mountains and looked down
upon the snow 1,000 feet below, and, standing where never human foot had
stood before, felt the exultation of first explorers."

Fremont's biography occurs in the Biographic Index, under the heading
"Fremont, John Charles," and there are several references to presidential
remarks concerning him. He laid down the road to California and Oregon.
References to the headings " California " and " Oregon " will provide
interesting reading, both hi the Encyclopedic articles and in presidential dis-
cussions concerning those sections.

John Tyler 2058

the great end of supplying a paper medium of exchange at all times con-
vertible into gold and silver should be attained. The board thus consti-
tuted was given as much permanency as could be imparted to it without
endangering the proper share of responsibility which should attach to all
public agents. In order to insure all the advantages of a well-matured
experience, the commissioners were to hold their offices for the respective
periods of two, four, and six years, thereby securing at all times in the
management of the exchequer the services of two men of experience; and
to place them in a condition to exercise perfect independence of mind
and action it was provided that their removal should only take place for
actual incapacity or infidelity to the trust, and to be followed by the Pres-
ident with an exposition of the causes of such removal, should it occur.
It was proposed to establish subordinate boards in each of the States,
under the same restrictions and limitations of the power of removal, which,
with the central board, should receive, safely keep, and disburse the pub-
lic moneys. And in order to furnish a sound paper medium of exchange
the exchequer should retain of the revenues of the Government a sum not
to exceed $5,000,000 in specie, to be set apart as required by its opera-
tions, and to pay the public creditor at his own option either in specie or
Treasury notes of denominations not less than $5 nor exceeding $100,
which notes should be redeemed at the several places of issue, and to be
receivable at all times and everywhere in payment of Government dues,
with a restraint upon such issue of bills that the same should not exceed
the maximum of $15,000,000. In order to guard against all the haz-
ards incident to fluctuations in trade, the Secretary of the Treasury was
invested with authority to issue $5,000,000 of Government stock, should
the same at any time be regarded as necessary in order to place beyond
hazard the prompt redemption of the bills which might be thrown into
circulation; thus in fact making the issue of $15,000,000 of exchequer
bills rest substantially on $10,000,000, and keeping in circulation never
more than one and one-half dollars for every dollar in specie. When to this
it is added that the bills are not only everywhere receivable in Govern-
ment dues, but that the Government itself would be bound for their ulti-
mate redemption, no rational doubt can exist that the paper which the
exchequer would furnish would readily enter into general circulation
and be maintained at all times at or above par with gold and silver,
thereby realizing the great want of the age and fulfilling the wishes of
the people. In order to reimburse the Government the expenses of the
plan, it was proposed to invest the exchequer with the limited authority
to deal in bills of exchange (unless prohibited by the State in which an
agency might be situated) having only thirty days to run and resting on a
fair and bonafide basis. The legislative will on this point might be so
plainly announced as to avoid all pretext for partiality or favoritism.
It was furthermore proposed to invest this Treasury agent with authority
to receive on deposit to a limited amount the specie funds of individuals

2059 Messages and Papers of the Presidents

and to grant certificates therefor to be redeemed on presentation, undei
the idea, which is believed to be well founded, that such certificates would
come in aid of the exchequer bills in supplying a safe and ample paper
circulation. Or if in place of the contemplated dealings in exchange the
exchequer should be authorized not only to exchange its bills for actual
deposits of specie, but, for specie or its equivalent, to sell drafts, charging
therefor a small but reasonable premium, I can not doubt but that the
benefits of the law would be speedily manifested in the revival of the credit,
trade, and business of the whole country. Entertaining this opinion, it
becomes my duty to urge its adoption upon Congress by reference to the
strongest considerations of the public interests, with such alterations iti
its details as Congress may in its wisdom see fit to make.

I am well aware that this proposed alteration and amendment of the
laws establishing the Treasury Department has encountered various objec-
tions, and that among others it has been proclaimed a Government bank
of fearful and dangerous import. It is proposed to confer upon it no
extraordinary power. It purports to do no more than pay the debts of
the Government with the redeemable paper of the Government, in which
respect it accomplishes precisely what the Treasury does daily at this time
in issuing to the public creditors the Treasury notes which under law it
is authorized to issue. It has no resemblance to an ordinary bank, as
it furnishes no profits to private stockholders and lends no capital to
individuals. If it be objected to as a Government bank and the objec-
tion be available, then should all the laws in relation to the Treasury be
repealed and the capacity of the Government to collect what is due to it
or pay what it owes be abrogated.

This is the chief purpose of the proposed exchequer, and surely if in
the accomplishment of a purpose so essential it affords a sound circulat-
ing medium to the country and facilities to trade it should be regarded
as no slight recommendation of it to public consideration. Properly
guarded by the provisions of law, it can run into no dangerous evil, nor
can any abuse arise under it but such as the Legislature itself will be
answerable for if it be tolerated, since it is but the creature of the law
and is susceptible at all times of modification, amendment, or repeal at
the pleasure of Congress. I know that it has been objected that the
system would be liable to be abused by the Legislature, by whom alone
it could be abused, in the party conflicts of the day; that such abuse
would manifest itself in a change of the law which would authorize an
excessive issue of paper for the purpose of inflating prices and winning
popular favor. To that it may be answered that the ascription of such
a motive to Congress is altogether gratuitous and inadmissible. The
theory of our institutions would lead us to a different conclusion. But a
perfect security against a proceeding so reckless would be found to exist
in the very nature of things. The political party which should be so blind
to the true interests of the country as to resort to such an expedient

John Tyler 2060

would inevitably meet with final overthrow in the fact that the moment
the paper ceased to be convertible into specie or otherwise promptly
redeemed it would become worthless, and would in the end dishonor the
Government, involve the people in ruin and such political party in hope-
less disgrace. At the same time, such a view involves the utter impos-
sibility of furnishing any currency other than that of the precious metals;
for if the Government itself can not forego the temptation of excessive
paper issues what reliance can be placed in corporations upon whom the
temptations of individual aggrandizement would most strongly operate?
The people would have to blame none but themselves for any injury
that might arise from a course so reckless, since their agents would be
the wrongdoers and they the passive spectators.

There can be but three kinds of public currency — first, gold and
silver; second, the paper of State institutions; or, third, a representative
of the precious metals provided by the General Government or under its
authority. The subtreasury system rejected the last in any form, and
as it was believed that no reliance could be placed on the issues of local
institutions for the purposes of general circulation it necessarily and una-
voidably adopted specie as the exclusive currency for its own use; and
this must ever be the case unless one of the other kinds be used. The
choice in the present state of public sentiment lies between an exclusive
specie currency on the one hand and Government issues of some kind on
the other. That these issues can not be made by a chartered institu-
tion is supposed to be conclusively settled. They must be made, then,
directly by Government agents. For several years past they have been
thus made in the form of Treasury notes, and have answered a valuable
purpose. Their usefulness has been limited by their being transient and
temporary; their ceasing to bear interest at given periods necessarily
causes their speedy return and thus restricts their range of circulation,
and being used only in the disbursements of Government they can not
reach those points where they are most required. By rendering their
use permanent, to the moderate extent already mentioned, by offering
no inducement for their return and by exchanging them for coin and
other values, they will constitute to a certain extent the general cur-
rency so much needed to maintain the internal trade of the country.
And this is the exchequer plan so far as it may operate in furnishing a
currency.

I can not forego the occasion to urge its importance to the credit of the
Government in a financial point of view. The great necessity of resort-
ing to every proper and becoming expedient in order to place the Treas-
ury on a footing of the highest respectability is entirely obvious. The
credit of the Government may be regarded as the very soul of the Gov-
ernment itself — a principle of vitality without which all its movements
are languid and all its operations embarrassed. In this spirit the Exec-
utive felt itself bound by the most imperative sense of duty to submit
67

3061 Messages and Papers of the Presidents

to Congress at its last session the propriety of making a specific pledge
of the land fund as the basis for the negotiation of the loans authorized
to be contracted. I then thought that such an application of the public
domain would without doubt have placed at the command of the Govern-
ment ample funds to relieve the Treasury from the temporary embarrass-
ments under which it labored. American credit has suffered a considerable
shock in Europe from the large indebtedness of the States and the tempo-
rary inability of some of them to meet the interest on their debts. The
utter and disastrous prostration of the United States Bank of Pennsyl-
vania had contributed largely to increase the sentiment of distrust by
reason of the loss and ruin sustained by the holders of its stock, a large
portion of whom were foreigners and many of whom were alike ignorant
of our political organization and of our actual responsibilities.

It was the anxious desire of the Executive that in the effort to nego-
tiate the loan abroad the American negotiator might be able to point the
money lender to the fund mortgaged for the redemption of the principal
and interest of any loan he might contract, and thereby vindicate the
Government from all suspicion of bad faith or inability to meet its
engagements. Congress differed from the Executive in this view of the
subject. It became, nevertheless, the duty of the Executive to resort
to every expedient in its power to do so.

After a failure in the American market a citizen of high character and
talent was sent to Europe, with no better success; and thus the mortify-
ing spectacle has been presented of the inability of this Government to
obtain a loan so small as not in the whole to amount to more than one-
fourth of its ordinary annual income, at a time when the Governments of
Europe, although involved in debt and with their subjects heavily bur-
thened with taxation, readily obtained loans of any amount at a greatly
reduced rate of interest. It would be unprofitable to look further into
this anomalous state of things, but I can not conclude without adding
that for a Government which has paid off its debts of two wars with the
largest maritime power of Europe, and now owing a debt which is almost
next to nothing when compared with its boundless resources — a Govern-
ment the strongest in the world, because emanating from the popular will
and firmly rooted in the affections of a great and free people, and whose
fidelity to its engagements has never been questioned — for such a Gov-
ernment to have tendered to the capitalists of other countries an oppor-
tunity for a small investment in its stock, and yet to have failed, implies
either the most unfounded distrust in its good faith or a purpose to obtain
which the course pursued is the most fatal which could have been adopted.
It has now become obvious to all men that the Government must look to
its own means for supplying its wants, and it is consoling to know that
these means are altogether adequate for the object. The exchequer,
if adopted, will greatly aid in bringing about this result. Upon what
I regard as a well-founded supposition that its bills would be readily
sought for by the public creditors and that the issue would in a short
time reach the maximum of $15,000,000, it is obvious that $10,000,000

John Tylet 2062

would thereby be added to the available means of the Treasury without
cost or charge. Nor can I fail to urge the great and beneficial effects
which would be produced in aid of all the active pursuits of life. Its
effects upon the solvent State banks, while it would force into liquida-
tion those of an opposite character through its weekly settlements, would
be highly beneficial; and with the advantages of a sound currency the
restoration of confidence and credit would follow with a numerous train
of blessings. My convictions are most strong that these benefits would
flow from the adoption of this measure; but if the result should be adverse
there is this security in connection with it — that the law creating it may
be repealed at the pleasure of the Legislature without the slightest impli-
cation of its good faith.

I recommend to Congress to take into consideration the propriety oj
reimbursing a fine imposed on General Jackson at New Orleans at the
time of the attack and defense of that city, and paid by him. Without
designing any reflection on the judicial tribunal which imposed the fine,
Ihe remission at this day may be regarded as not unjust or inexpedient.
The voice of the civil authority was heard amidst the glitter of arms and
obeyed by those who held the sword, thereby giving additional luster to
a memorable military achievement. If the laws were offended, theii
majesty was fully vindicated; and although the penalty incurred and paid
is worthy of little regard in a pecuniary point of view, it can hardly be
doubted that it would be gratifying tc the war-worn veteran, now in retire-
ment and in the winter of his days, to be relieved from the circumstances
in which that judgment placed him. There are cases in which pub-
lic functionaries may be called on to weigh the public interest against
their own personal hazards, and if the civil law be violated from praise-
worthy motives or an overruling sense of public danger and public neces-
sity punishment may well be restrained within that limit which asserts
and maintains the authority of the law and the subjection of the military
to the civil power. The defense of New Orleans, while it saved a city
from the hands of the enemy, placed the name of General Jackson among
those of the greatest captains of the age and illustrated one of the
brightest pages of our history. Now that the causes of excitement exist-
ing at the time have ceased to operate, it is believed that the remission
of this fine and whatever of gratification that remission might cause the
eminent man who incurred and paid it would be in accordance with
the general feeling and wishes of the American people.

I have thus, fellow-citizens, acquitted myself of my duty under the Con-
stitution by laying before you as succinctly a.s I have been able the state
of the Union and by inviting your attention to measures of much impor-
tance to the country. The executive will most zealously unite its efforts
with those of the legislative department in the accomplishment of all that
is required to relieve the wants of a common constituency or elevate the
destinies of a beloved country. JOHN TYLER

2063 Messages and Papers of the Presidents

SPECIAL MESSAGES.

WASHINGTON CITY, December TJ, 184.2.
To the Senate of the United States:

I hereby communicate to the Senate a letter from the Secretary of the
Navy, with accompanying documents.* JOHN TYT FR

[The same message was sent to the House of Representatives.]

WASHINGTON, December 14., 184.2.
To the Senate of the United States:

I transmit to the Senate a treaty recently concluded with the Chip-
pewa Indians of the Mississippi and Lake Superior, with communications
from the War Department in relation thereto, and ask the advice and
consent of the Senate to the ratification of the said treaty.

JOHN TYLER.

WASHINGTON, December 14., 184.2.
To the Senate of the United States:

I transmit to the Senate a treaty recently concluded with the Sac and
Fox Indians, with communications from the War Department in relation
thereto, and ask the advice and consent of the Senate to the ratification
of the said treaty.

JQHN

WASHINGTON, December 23, 184.2.
To the Senate of the United States:

I have received the resolution of the 22d instant, requesting me "to
inform the Senate of the nature and extent of ' the informal communica-
tions ' which took place between the American Secretary of State and
the British special minister during the late negotiations in Washington
City upon the subject of the claims of the United States and Great
Britain to the territory west of the Rocky Mountains," and also to
inform the Senate what were the reasons which prevented ' ' any agree-
ment upon the subject at present" and which made it "inexpedient to
include that subject among the subjects of formal negotiation."

In my message to Congress at the commencement of the present ses-
sion, in adverting to the territory of the United States on the Pacific
Ocean north of the forty-second degree of north latitude, a part of which

* Communication from Commodore Charles W. Morgan, commanding the United States naval
forces in the Mediterranean, relative to the adjustment of differences with Morocco ; translation of
a letter from the Emperor of Morocco, etc.

John Tyler 2064

•v

is claimed by Great Britain, I remarked that "in advance of the acquire-
ment of individual rights to these lands sound policy dictates that every
effort should be resorted to by the two Governments to settle their
respective claims," and also stated that I should not delay to urge on
Great Britain the importance of an early settlement. Measures have
been already taken in pursuance of the purpose thus expressed, and
under these circumstances I do not deem it consistent with the public
interest to make any communication on the subject.

JOHN TYLER.

WASHINGTON, December 23, 1842.
To the Senate of the United States:

I herewith communicate to the Senate a report* from the Secretary
of State, in answer to a resolution of the Senate adopted on the 226.

instant' JOHN TYLER.

WASHINGTON, December 29, 1842.
To the Senate of the United States:

I herewith transmit to the Senate a report f from the Secretary of
State, with accompanying papers, in answer to their resolution of the
27th instant. JQHN

WASHINGTON, December jo,
To the Senate of the United States:

In reply to the resolution of the Senate of the I4th December, I trans-
mit herewith the accompanying letter \ from the Secretary of the Navy
and the statement thereto appended from the Bureau of Equipment and
Construction. JQHN TYLER

WASHINGTON, December jo,
To the Senate and House of Representatives of the United States:

I communicate herewith to Congress copies of a correspondence which
has recently taken place between certain agents of the Government of the
Hawaiian or Sandwich Islands and the Secretary of State.

The condition of those islands has excited a good deal of interest, which

* Stating that the special minister from Great Britain to the United States made no proposition,
informal or otherwise, to the negotiator on the part of the United States for the assumption or
guaranty of the State debts by the Government of the United States to the holders of .said debts.

t Transmitting correspondence between the United States minister at London and the British
Government in relation to certain slaves taken from the wreck of the schooner Htrmosa and lib-
erated by the authorities at Nassau, Xew Providence.

t Relating to the strength and expense of maintaining the African Squadron under the late
British treaty, the number of guns it is expected to have afloat in the United States Navy during
1843, and the estimated expense of the naval establishment for 1843.

2065 Messages and Papers of the Presidents

is increasing by every successive proof that their inhabitants are making
progress in civilization and becoming more and more competent to main-
tain regular and orderly civil government. They lie in the Pacific Ocean,
much nearer to this continent than the other, and have become an impor-
tant place for the refitment and provisioning of American and European
vessels.

Owing to their locality and .to the course of the winds which prevail in
this quarter of the world, the Sandwich Islands are the stopping place for
almost all vessels passing from continent to continent across the Pacific
Ocean. They are especially resorted to by the great number of vessels
of the United States which are engaged in the whale fishery in those
seas. The number of vessels of all sorts and the amount of property
owned by citizens of the United States which are found in those islands
in the course of the year are stated probably with sufficient accuracy in
the letter of the agents.

Just emerging from a state of barbarism, the Government of the islands
is as yet feeble, but its dispositions appear to be just and pacific, and it
seems anxious to improve the condition of its people by the introduction
of knowledge, of religious and moral institutions, means of education, and
the arts of civilized life.

It can not but be in conformity with the interest and wishes of the
Government and the people of the United States that this community,
thus existing in the midst of a vast expanse of ocean, should be respected
and all its rights strictly and conscientiously regarded; and this must
also be the true interest of all other commercial states. Far remote from
the dominions of European powers, its growth and prosperity as an inde-
pendent state may yet be in a high degree useful to all whose trade
is extended to those regions; while its near approach to this continent
and the intercourse which American vessels have with it, such vessels
constituting five-sixths of all which annually visit it, could not but create
dissatisfaction on the part of the United States at any attempt by another
power, should such attempt be threatened or feared, to take possession of
the islands, colonize them, and subvert the native Government. Consid-
ering, therefore, that the United States possesses so large a share of the
intercourse with those islands, it is deemed not unfit to make the declara-
tion that their Government seeks, nevertheless, no peculiar advantages,
no exclusive control over the Hawaiian Government, but is content with
its independent existence and anxiously wishes for its security and pros-
perity. Its forbearance in this respect under the circumstances of the
very large intercourse of their citizens with the islands would justify
this Government, should events hereafter arise to require it, in making
a decided remonstrance against the adoption of an opposite policy by any
other power. Under the circumstances I recommend to Congress to pro-
vide for a moderate allowance to be made out of the Treasury to the con-
sul residing there, that in a Government so new and a country so remote

John Tyler 2066

American citizens may have respectable authority to which to apply for
redress in case of injury to their persons and property, and to whom the
Government of the country may also make known any acts committed
by American citizens of which it may think it has a right to complain.

Events of considerable importance have recently transpired in China.
The military operations carried on against that Empire by the English
Government have been terminated by a treaty, according to the terms of
which four important ports hitherto shut against foreign commerce are
to be open to British merchants, viz, Amoy, Foo-Choo-Foo, Ningpo, and
Chinghai. It can not but be interesting to the mercantile interest of the
United States, whose intercourse with China at the single port of Canton
has already become so considerable, to ascertain whether these other
ports now open to ^ British commerce are to remain shut, nevertheless,
against the commerce of the United States. The treaty between the
Chinese Government and the British commissioner provides neither for
the admission nor the exclusion of the ships of other nations. It would
seem, therefore, that it remains with every other nation having commer-
cial intercourse with China to seek to make proper arrangements for
itself with the Government of that Empire in this respect.

The importations into the United States from China are known to be
large, having amounted in some years, as will be seen by the annexed
tables, to $9,000,000. The exports, too, from the United States to China
constitute an interesting and growing part of the commerce of the coun-
try. It appears that in the year 1841, in the direct trade between the
two countries, the value of the exports from the United States amounted
to $715,000 in domestic produce and $485,000 in foreign merchandise.
But the whole amount of American produce which finally reaches China
and is there consumed is not comprised in these tables, which show only
the direct trade. Many vessels with American products on board sail
with a primary destination to other countries, but ultimately dispose of
more or less of their cargoes in the port of Canton.

The peculiarities of the Chinese Government and the Chinese character
are well known. An Empire supposed to contain 300,000,000 subjects,
fertile in various rich products of the earth, not without the knowledge
of letters and of many arts, and with large and expensive accommoda-
tions for internal intercourse and traffic, has for ages sought to exclude
the visits of strangers and foreigners from its dominions, and has assumed
for itself a superiority over all other nations. Events appear likely to
break down and soften this spirit of nonintercourse and to bring China
ere long into the relations which usually subsist between civilized states.
She has agreed in the treaty with England that correspondence between
the agents of the two Governments shall be on equal terms — a concession
which it is hardly probable will hereafter be withheld from other nations.

It is true that the cheapness of labor among the Chinese, their ingenuity
in its application, and the fixed character of their habits and pursuits

2067 Messages and Papers of the Presidents

may discourage the hope of the opening of any great and sudden demand
for the fabrics of other countries. But experience proves that the
productions of western nations find a market to some extent among
the Chinese; that that market, so far as respects the productions of the
United States, although it has considerably varied in successive sea-
sons, has on the whole more than doubled within the last ten years; and
it can hardly be doubted that the opening of several new and important
ports connected with parts of the Empire heretofore seldom visited by
Europeans or Americans would exercise a favorable influence upon the
demand for such productions.

It is not understood that the immediate establishment of correspondent
embassies and missions or the permanent residence of diplomatic func-
tionaries with full powers of each country at the Court of the other is
contemplated between England and China, although, as has been already
observed, it has been stipulated that intercourse between the two coun-
tries shall hereafter be on equal terms. An ambassador or envoy extraor-
dinary and minister plenipotentiary can only be accredited, according to
the usages of western nations, to the head or sovereign of the state, and
it may be doubtful whether the Court of Pekin is yet prepared to con-
form to these usages so far as to receive a minister plenipotentiary to
reside near it.

Being of opinion, however, that the commercial interests of the United
States connected with China require at the present moment a degree of
attention and vigilance such as there is no agent of this Government on
the spot to bestow, I recommend to Congress to make appropriation for
the compensation of a commissioner to reside in China to exercise a watch-
ful care over the concerns of American citizens and for the protection of
their persons and property, empowered to hold intercourse with the local
authorities, and ready, under instructions from his Government, should
such instructions become necessary and proper hereafter, to address him-
self to the high functionaries of the Empire, or through them to the
Emperor himself.

It will not escape the observation of Congress that in order to secure
the important object of any such measure a citizen of much intelligence
and weight of character should be employed on such agency, and that to
secure the services of such an individual a compensation should be made
corresponding with the magnitude and importance of the mission.

JOHN TYLER.

WASHINGTON, December jf, 184.2.
To the House of Representatives:

In compliance with your resolution of the I2th of February, 1841,
requesting me to communicate to the House of Representatives the docu-
ments and other information in the possession of the Executive regarding

John Tyler 2068

claims of citizens of the United States on the Government of Hayti, I
now transmit a letter from the Secretary of State and the accompanying

dOCUmeatS' JOHN TYLER.

WASHINGTON, Jan uary 9, 184.3.
To the Senate of the United States:

I have received a resolution of the Senate of the 2jth of December, in
the following terms:

Resolved, That the President be requested to inform the Senate, if compatible with
the public interest, whether the quintuple treaty for the suppression of the slave
trade has been communicated to the Government of the United States in any form
v/hatever, and, if so, by whom, for what purpose, and what answer may have been
returned to such communication. Also to communicate to the Senate all the infor-
mation which may have been received by the Government of the United States
going to show that the "course which this Government might take in relation to
said treaty has excited no small degree of attention and discussion in Europe. ' ' Also
to inform the Senate how far the " warm animadversions" and the " great political
excitement ' ' which this treaty has caused in Europe have any application or refer-
ence to the United States. Also to inform the Senate what danger there was that
"the laws and the obligations'1'' of the United States in relation to the suppression
of the slave trade would be "executed by others" if we did not " remove the pre-
text and motive for violating our Jlag and executing our laws" by entering into
the stipulations for the African squadron and the remonstrating embassies which
are contained in the eighth and ninth articles of the late British treaty. Also that
the President be requested to communicate to the Senate all the correspondence with
our ministers abroad relating to the foregoing points of inquiry. Also that the
President be requested to communicate to the Senate all such information upon
the negotiation of the African squadron articles as will show the origin of such arti-
cles and the history and progress of their formation.

I informed the Senate, in the message transmitting the treaty with
England of the gth of August last, that no application or request had
been made to this Government to become a party to the quintuple treaty.
Agents of the Government abroad, regarding the signature of that treaty
as a political occurrence of some importance, obtained, unofficially, copies
of it, and transmitted those copies to the Department of State, as other
intelligence is communicated for the information of the Government.
The treaty has not been communicated to the Government of the United
States from any other quarter, in any other manner, or for any other
purpose.

The next request expressed in the resolution is in these words:

Also to communicate to the Senate all the information which may have been
received by the Government of the United States going to show that the "course
which this Government might take in relation to said treaty has excited no small
degree of attention and discussion in Europe." Also to inform the Senate how far
the "warm animadversions " and the " great political excitement " which this treaty
has caused in Europe have any application or reference to the United States.

2069 Messages and Papers of the Presidents

The words quoted in this part of the resolution appear to be taken
from my message above mentioned. In that communication I said:

No application or request has been made to this Government to become a party to
this treaty, but the course it might take in regard to it has excited no small degree
of attention and discussion in Europe, as the principle upon which it is founded
and the stipulations which it contains have caused warm animadversions and great
political excitement.

In my message at the commencement of the present session of Congress I endeav
ored to state the principles which this Government supports respecting the right of
search and the immunity of flags. Desirous of maintaining those principles fully,
at the same time that existing obligations should be fulfilled, I have thought it most
consistent with the honor and dignity of the country that it should execute its own
laws and perform its own obligations by its own means and its own power. The
examination or visitation of the merchant vessels of one nation by the cruisers
of another for any purposes except those known and acknowledged by the law of
nations, under whatever restraints or regulations it may take place, may lead to
dangerous results. It is far better by other means to supersede any supposed neces-
sity or any motive for such examination or visit. Interference with a merchant
vessel by an armed cruiser is always a delicate proceeding, apt to touch the point of
national honor as well as to affect the interests of individuals. It has been thought,
therefore, expedient, not only in accordance with the stipulations of the treaty of
Ghent, but at the same time as removing all pretext on the part of others for violat-
ing the immunities of the American flag upon the seas as they exist and are defined
by the law of nations, to enter into the articles now submitted to the Senate.

The treaty which I now submit to you proposes no alteration, mitigation, or modi-
fication of the rules of the law of nations. It provides simply that each of the two
Governments shall maintain on the coast of Africa a sufficient squadron to enforce,
separately and respectively, the laws, rights, and obligations of the two countries
for the suppression of the slave trade.

These opinions were expressed by me officially upon the occasion of
making to the Senate a communication of very great importance. It is
not perceived how the accuracy of this general statement can be doubted
by those who are acquainted with the debates of public bodies in Europe,
the productions of the press, and the other modes by which public opin-
ion is manifested in an enlightened age. It is not to be supposed that
excited attention to public and national transactions or general political
discussions in Europe on subjects open to all the world are known only
in consequence of private information communicated to the Government,
and feeling a strong persuasion that it would be improper in the Execu-
tive to go into any discussion or argument upon such a subject with the
Senate, I have no further remarks to make upon this part of the inquiry.

The third inquiry is:

What danger there was that "the laws and the obligations" of the United States
in relation to the suppression of the slave trade would be "executed by others" if
we do not "remove the pretext and motive for violating our flag and executing our
laws."

I have already quoted from the message the entire paragraph to a
part of which this portion of the inquiry is supposed to refer.

As to the danger there was that the laws and the obligations of the

John Tyler 2070

United States in relation to the suppression of the slave trade would be
executed by others if \ve did not remove the pretext and motive for
violating our flag and provide for executing our laws, I might say that
this depends upon notorious facts and occurrences, of which the evidence
has been in various forms before the country and all the branches of the
Government.

When I came to occupy the Executive chair I could not be ignorant
of the numerous complaints which had been made on account of alleged
interruptions of American vessels engaged in lawful commerce on the
coast of Africa by British cruisers on the ground of their being engaged
in the slave trade. I could not be ignorant, at the same time, of the
well-grounded suspicions which pervaded the country that some Ameri-
can vessels were engaged in that odious and unlawful traffic. There were
two dangers, then, to be guarded against — the one, that this traffic would
continue to be carried on in American ships, and perhaps much increased,
unless some new and vigorous effort should be made for its suppression;
the other, that acquiescence in the capture of American vessels, notorious
slave dealers, by British cruisers might give countenance to seizures and
detentions of vessels lawfully employed on light or groundless suspi-
cions. And cases had arisen under the administration of those who pre-
ceded me well calculated to show the extent and magnitude of this latter
danger; and believing that very serious consequences might in time grow
out of the obvious tendency and progress of things, I felt it to be my duty
to arrest that progress, to rescue the immunity of the American flag from
the danger which hung over it, and to do this by recommending such
a provision for the execution of our own laws as should remove all
pretense for the interference of others.

Among the occurrences to which I have alluded, it may be useful to
particularize one case.

The schooner Catharine, an American vessel owned by citizens of the
United States, was seized on the coast of Africa by the British cruiser
called the Dolphin and brought into the port of New York in the sum-
mer of 1839. Upon being brought into port, Benjamin F. Butler, esq.,
district attorney of the United States for the southern district of New
York, appeared in the district court of the United States for that district
and in the name and behalf of the United States libeled the schooner,
her apparel and furniture, for a violation of the several acts of Congress
passed for the suppression of the slave trade. The schooner being ar-
rested by the usual process in such cases and possession taken of her from
the hands of the British captors by officers of the United States, the
cause proceeded, and by a decree of the circuit court in December, 1840,
a forfeiture was pronounced. From this decree an appeal was taken,
which is now pending in the Supreme Court of the United States.

It is true that in another case, that of the Tigris, of like general char-
acter, soon after arising, the then Secretary of State, on the isl of March,

2071 Messages and Papers of the Presidents

1841, informed Mr. Fox, the British minister, that "however strong and
unchangeable may be the determination of this Government to punish
any citizens of the United States who violate the laws against the African
slave trade, it will not permit the exercise of any authority by foreign
armed vessels in the execution of those laws."

But it is evident that this general declaration did not relieve the subject
from its difficulties. Vessels of the United States found engaged in the
African slave trade are guilty of piracy under the acts of Congress. It
is difficult to say that such vessels can claim any interference of the
Government in their behalf, into whosesoever hands they may happen to
fall, any more than vessels which should turn general pirates. Notori-
ous African slave traders can not claim the protection of the American
character, inasmuch as they are acting in direct violation of the laws of
their country and stand denounced by those laws as pirates. In case
of the seizure of such a vessel by a foreign cruiser, and of her being
brought into a port of the United States, what is to be done with her?
Shall she be libeled, prosecuted, and condemned as if arrested by a cruiser
of the United States? If this is to be done, it is clear that the agency of
a foreign power has been instrumental in executing the laws of the
United States. Or, on the other hand, is the vessel, with all her offenses
flagrant upon her, to be released on account of the agency by which she
was seized, discharged of all penalties, and left at liberty to renew her
illegal and nefarious traffic?

It appeared to me that the best, if not the only, mode of avoiding these
and other difficulties was by adopting such a provision as is contained in
the late treaty with England.

The Senate asks me for the reasons for entering into the stipulations
for the ' ' remonstrating embassies ' ' contained in the late treaty. Surely
there is no stipulation in the treaty for any "remonstrating embassies,"
or any other embassies, nor any reference or allusion to any such thing.
In this respect all that the treaty provides is in the ninth article and is
in these words:

The parties to this treaty agree that they will unite in all becoming representations
and remonstrances with any and all powers within whose dominions such markets
[for African slaves] are allowed to exist, and that they will urge upon all such powers
the propriety and duty of closing such markets effectually, at once and forever.

It always gives me sincere pleasure to communicate to both Houses of
Congress anything in my power which may aid them in the discharge
of their high duties and which the public interest does not require to be
withheld. In transmitting the late treaty to the Senate everything was
caused to accompany it which it was supposed could enlighten the judg-
ment of the Senate upon its various provisions. The views of the Exec-
utive, in agreeing to the eighth and ninth articles, were fully expressed ,
and pending the discussion in the Senate every call for further in for
mation was promptly complied with, and nothing kept back which the

John Tyler 2072

Senate desired. Upon this information and upon its own knowledge of
the subject the Senate made up and pronounced its judgment upon its
own high responsibility, and as the result of that judgment the treaty
was ratified, as the Journal shows, by a vote of 39 to 9. The treaty has
thus become the law of the land by the express advice of the Senate,
given in the most solemn manner known to its proceedings.
The fourth request is —

That the President be requested to communicate to the Senate all the correspond-
ence with our ministers abroad relating to the foregoing points of inquiry.

If this branch of the resolution were more definite, some parts of
it might perhaps be met without prejudice to the public interest by
extracts from the correspondence referred to. At a future day a com-
munication may be expected to be made as broad and general as a proper
regard to these interests will admit, but at present I deem any such com-
munication not to be consistent with the public interest.

The fifth and last is—

That the President be requested to communicate to the Senate all such informa-
tion upon the negotiation of the African squadron articles as will show the origin of
such articles and the history and progress of their formation.

These articles were proposed to the British minister by the Secretary
of State under my express sanction and were acceded to by him and have
^nce been ratified by both Governments. I might without disrespect
speak of the novelty of inquiring by the Senate into the history and
progress of articles of a treaty through a negotiation which has termi-
nated, and as the result of which these articles have become the law of
the *and by the constitutional advice of the Senate itself. But I repeat
that those articles had their origin in a desire on the part of the Govern-
ment of the United States to fulfill its obligations, entered into by the
treaty of Ghent, to do its utmost for the suppression of the African slave
trade, and to accomplish this object by such means as should not lead
to the interruption of the lawful commerce of the United States or any
derogation from the dignity and immunity of their flag. And I have
the satisfaction to believe that both the Executive, in negotiating the
treaty of which these articles form part, and the Senate, in advising to
its ratification, have effected an object important to the Government and
satisfactory to the people.

In conclusion I hope I may be permitted to observe that I have, out
of a profound respect for the Senate, been induced to make this commu-
nication in answer to inquiries some of which at least are believed to be
without precedent in the history of the relations between that body and
the executive department. These inquiries were particularly unexpected
;.o me at the present moment. As I had been so fortunate as to find
my own views of the expediency of ratifying the late treaty with Kng-
latid confirmed by a vote of somewhat more than four-fifths of the Sena-
tors present, I have hitherto flattered myself that the motives which

2073 Messages and Papers of the Presidents

influenced my conduct had been fully appreciated by those who advised
and approved it, and that if a necessity should ever arise for any special
explanation or defense in regard to those motives it could scarcely be in
that assembly itself. JQHN

WASHINGTON, January 18, 1843.
To the House of Representatives:

In compliance with the resolution of the House of Representatives of
the 2yth ultimo, I now transmit the letter and pamphlet* which accom-
panies this. JOHN TyLER.

WASHINGTON, January 23, 184.3.
To the Senate of the United States:

I herewith transmit to the Senate, in answer to their resolution of the
1 9th instant, reports f from the State and War Departments.

JOHN TYLER.

WASHINGTON, January 23, 184.3.
To the Senate of the United States:

I transmit to the Senate herewith, in answer to their resolution of the
5th instant, a report J from the Secretary of State, with accompanying
documents.

JQHN

WASHINGTON, January ji, 1843.
To the House of Representatives:

In compliance with a resolution of the House of Representatives of the
24th instant, requesting me to communicate answers to certain queries
therein contained respecting instructions given to the commissioners
appointed to adjudicate claims arising under the Cherokee treaty of 1835,
I transmit herewith a report from the War Department, accompanied by
a copy of the instructions referred to. JOHN TYLER

WASHINGTON, January j/, 184.3.
To the House of Representatives;

At the last session of Congress a resolution was passed by the House
of Representatives requesting me to cause to be communicated to the

* Entitled "Acts and Resolutions of the Legislative Council of the Territory of Florida," passed
at its t%ventieth session, January 3 to March 5, i8.(2.

t Relating to a grant of land in Oregon Territory to the Hudsous Bay Company by the British
Government.

J Transmitting: correspondence with Great Britain relative to the destruction of the steamboat
Caroline at Schlosscr, X. V., December 29, 1837.

John Tyler 2074

House ' ' the several reports made to the Department of War by Lieuten-
ant-Colonel Hitchcock relative to the affairs of the Cherokee Indians,
together with all information communicated by him concerning the
frauds he was charged to investigate; also all facts in the possession of
the Executive relating to the subject."

A resolution of the same import had been passed by the House of Rep-
resentatives on the 1 8th of May last, requiring the Secretary of War to
communicate to the House the same reports and matters. After consul-
tation with me and under my directions, the Secretary of War informed
the House that the reports referred to relative to the affairs of the Chero-
kees contained information and suggestions in reference to the matters
which it was supposed would become the subject of a negotiation between
that Department and the delegates of the Cherokee Nation. It was
stated by him that the nature and subject of the report, in the opinion of
the President and the Department, rendered its publication at that time
inconsistent with the public interest. The negotiation referred to subse-
quently took place, and embraced the matters upon which Lieutenant-
Colonel Hitchcock had communicated his views. That negotiation
terminated without the conclusion of any arrangement. It may, and in
all probability will, be renewed. All the information communicated by
Lieutenant- Colonel Hitchcock respecting the Cherokees — their condition
as a nation and their relations to other tribes — is herewith transmitted.
But his suggestions and projects respecting the anticipated propositions
of the delegates and his views of their personal characters can not in any
event aid the legislation of Congress, and in my opinion the promulga-
tion of them would be unfair and unjust to him and inconsistent with
the public interest, and they are therefore not transmitted

The Secretary of War further stated in his answer to the resolution
that the other report referred to in it, relating to the alleged frauds which
Lieutenant-Colonel Hitchcock was charged to investigate, contained such
information as he (Colonel Hitchcock) was enabled to obtain by ex partc
inquiries of various persons whose statements were necessarily without
the sanction of an oath, and which the persons implicated had had no
opportunity to contradict or explain. He expressed the opinion that
to promulgate those statements at that time would be grossly unjust to
those persons and would be calculated to defeat rather than promote the
objects of the inquiry, and he remarked that sufficient opportunity had
not been given to the Department to pursue the investigation or to call
upon the parties affected for explanations or to determine on the meas-
ures proper to be adopted. And he hoped these reasons would be satis-
factory for not transmitting to the House at that time the reports referred
to in its resolution.

It would appear from the report of the Committee on Indian Affairs,
to whom the communication of the Secretary of War was referred, and
which report has been transmitted to me, together with the resolutions

2075 Messages and Papers of the Presidents

of the House adopted on the recommendation of the committee, and
from those resolutions, that the reasons given by the Secretary were not
deemed satisfactory and that the House of Representatives claims the
right to demand from the Executive and heads of Departments such
information as may be in their possession relating to "subjects of the
deliberations of the House and within the sphere of its legitimate
powers," and that in the opinion of the House the reports and facts
called for by its resolution of the i8th of May related to subjects of its
deliberations and were within the sphere of its legitimate powers, and
should have been communicated.

If by the assertion of this claim of right to call upon the Executive for
all the information in its possession relating to any subject of the delib-
eration of the House, and within the sphere of its legitimate powers, it is
intended to assert also that the Executive is bound to comply with such
call without the authority to exercise any discretion on its part in refer-
ence to the nature of the information required or to the interests of the
country or of individuals to be affected by such compliance, then do I
feel bound, in the discharge of the high duty imposed upon me "to pre-
serve, protect, and defend the Constitution of the United States," to
declare in the most respectful manner my entire dissent from such a
proposition. The instrument from which the several departments of the
Government derive their authority makes each independent of the other
in the discharge of their respective functions. The injunction of the
Constitution that the President ' ' shall take care that the laws be faith-
fully executed' ' necessarily confers an authority commensurate with the
obligation imposed to inquire into the manner in which all public agents
perform the duties assigned to them by law. To be effective these
inquiries must often be confidential. They may result in the collection
of truth or of falsehood, or the}7 may be incomplete and may require
further prosecution. To maintain that the President can exercise no
discretion as to the time in which the matters thus collected shall be
promulgated or in respect to the character of the information obtained
would deprive him at once of the means of performing one of the most
salutary duties of his office. An inquiry might be arrested at its first
stage and the officers whose conduct demanded investigation may be.
enabled to elude or defeat it. To require from the Executive the transfer
of this discretion to a coordinate branch of the Government is equivalent
to the denial of its possession by him and would render him dependent
upon that branch in the performance of a duty purely executive.

Nor can it be a sound position that all papers, documents, and infor-
mation of every description which may happen by any means to come
into the possession of the President or of the heads of Departments
must necessarily be subject to the call of the House of Representatives
merely because they relate to a subject of the deliberations of the House,
although that subject may be within the sphere of its legitimate powers.

John Tyler 2076

It can not be that the only test is whether the information relates to a
legitimate subject of deliberation. The Executive Departments and the
citizens of this country have their rights and duties as well as the House
of Representatives, and the maxim that the rights of one person or body
are to be so exercised as not to impair those of others is applicable in its
fullest extent to this question. Impertinence or malignity may seek to
make the Executive Departments the means of incalculable and irreme-
diable injury to innocent parties by throwing into them libels most foul
and atrocious. Shall there be no discretionary authority permitted to
refuse to become the instruments of such malevolence?

And although information comes through a proper channel to an
executive officer it may often be of a character to forbid its being made
public. The officer charged with a confidential TnquJry, and who reports
its result under the pledge of confidence which his appointment implies,
ought not to be exposed individually to the resentment of those whose
conduct may be impugned by the information he collects. The knowl-
edge that such is to be the consequence will inevitably prevent the per-
formance of duties of that character, and thus the Government will be
deprived of an important means of investigating the conduct of its agents.

It is certainly no new doctrine in the halls of judicature or of legisla-
tion that certain communications and papers are privileged, and that the
general authority to compel testimony must give way in certain cases
to the paramount rights of individuals or of the Government. Thus
no man can be compelled to accuse himself, to answer any question that
tends to render him infamous, or to produce his own private papers on
any occasion. The communications of a client to his counsel and the
admissions made at the confessional in the course of religious disci-
pline are privileged communications. In the courts of that country from
which we derive our great principles of individual liberty and the rules
of evidence it is well settled — and the doctrine has been fully recognized
in this country — that a minister of the Crown or the head of a department
can not be compelled to produce any papers or disclose any transactions
relating to the executive functions of the Government which he declares
are confidential or such as the public interest requires should not be
divulged; and the persons who have been the channels of communication
to officers of the State are in like manner protected from the disclosure
of their names. Other instances of privileged communications might be
enumerated if it were deemed necessary. These principles are as appli-
cable to evidence sought by a legislature as to that required by a court.

The practice of the Government since its foundation has sanctioned
the principle that there must necessarily be a discretionary authority in
reference to the nature of the information called for by either House of
Congress.

The authority \vas claimed and exercised by General Washington in
1796. In 1825 President Monroe declined compliance with a resolution

2077 Messages and Papers of the Presidents

of the House of Representatives calling for the correspondence between
the Executive Departments of this Government and the officers of the
United States Navy and others at or near the ports of South America on
the Pacific Ocean. In a communication made by the Secretary of War
in 1832 to the Committee of the House on the Public Lands, by direction
of President Jackson, he denies the obligation of the Executive to furnish
the information called for and maintains the authority of the President
to exercise a sound discretion in complying with calls of that description
by the House of Representatives or its committees. Without multiply-
ing other instances, it is not deemed improper to refer to the refusal of
the President at the last session of the present Congress to comply with
a resolution of the House of Representatives calling for the names of the
members of Congress who had applied for offices. As no further notice
was taken in any form of this refusal, it would seem to be a fair inference
that the House itself admitted that there were cases in which the Presi-
dent had a discretionary authority in respect to the transmission of infor-
mation in the possession of any of the Executive Departments.

Apprehensive that silence under the claim supposed to be set up in the
resolutions of the House of Representatives under consideration might
be construed as an acquiescence in its soundness, I have deemed it due
to the great importance of the subject to state my views, that a compli-
ance in part with the resolution may not be deemed a surrender of a
necessary authority of the Executive.

Many of the reasons which existed at the date of the report of the Sec-
retary of War of June i, 1842, for then declining to transmit the report
of Lieutenant- Colonel Hitchcock concerning the frauds which he was
charged to investigate have ceased to operate. It has been found wholly
impracticable to pursue the investigation in consequence of the death and
removal out of the country of those who would be called upon to testify,
and in consequence of the want of adequate authority or means to render
it effectual. It could not be conducted without expense. Congress at
its last session prohibited the payment of any account or charge what-
ever growing out of or in any way connected with any commission or
inquiry, except military and naval courts-martial and courts of inquiry,
unless special appropriations should be made for the payment of such
accounts and charges. Of the policy of that provision of law it does not
become me to speak, except to say that the institution of inquiries into
the conduct of public agents, however urgent the necessity for such
inquiry may be, is thereby virtually denied to the Executive, and that if
evils of magnitude shall arise in consequence of the law I take to myself
no portion of the responsibility.

In relation to the propriety of directing prosecutions against the
contractors to furnish Indians rations who are charged with improper
conduct, a correspondence has been had between the War Department
and the Solicitor of the Treasury, which is herewith transmitted in a
conviction that such prosecution would be entirely ineffectual.

Under these circumstances I have thought proper to direct that the

John Tyler 2078

report of Lieutenant- Colonel Hitchcock concerning the frauds which he
was charged to investigate be transmitted to the House of Representa-
tives, and it accordingly accompanies this message. At the same time, I
have to request the House to consider it so far confidential as not to direct
its publication until the appropriate committee shall have examined it
and expressed their opinion whether a just regard to the character and
rights of persons apparently implicated, but who have not had an oppor-
tunity to meet the imputations on them, does not require that portions
at least of the report should not at present be printed.

This course is adopted by me from a desire to render justice to all and
at the same time avoid even the appearance of a desire to screen any,
and also to prevent the exaggerated estimate of the importance of the
information which is likely to be made from the mere fact of its being
withheld.

The resolution of the House also calls for ' ' all facts in the possession
of the Executive, from any source, relating to the subject." There are
two subjects specified in the resolution — one ' ' relative to the affairs of
the Cherokee Indians, ' ' and another ' ' concerning the frauds he [Lieu-
tenant-Colonel Hitchcock] was charged to investigate. ' '

All the papers in the War Department or its bureaus relating to the
affairs of the Cherokee Indians, it is believed, have been from time to
time communicated to Congress and are contained in the printed docu-
ments, or are now transmitted, with the exception of those portions
of Lieutenant-Colonel Hitchcock's report hereinbefore mentioned, and
excepting the correspondence with the Cherokee delegates in the nego-
tiations which took place during the last summer, which are not supposed
to be within the intent of the resolution of the House. For the same
reason a memorial from the Old Settlers, or Western Cherokees, as they
term themselves, recently presented, is not transmitted. If these or any
other public documents should be desired by the House, a specification of
them will enable me to cause them to be furnished if it should be found
proper.

All the papers in the War Office or its bureaus known or supposed to
have any relation to the alleged frauds which Lieutenant-Colonel Hitch-
cock was charged to investigate are herewith transmitted.

JOHN TYLER.

WASHINGTON, February 8, 184.3.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives, in answer to
their resolution of the 28th ultimo, a report* from the Secretary of

State< JOHN TYLER.

* Stating that no information is in i>ossession of the Government of any negotiation of ;i treaty,
or of any overtures to treat, for a cession of California by Mexico to Hug land.

2079 Hfessages and Papers of the Presidents

WASHINGTON, February p, 184.3.
To the House of Representatives:

Iii order to enable Congress to approve or disapprove the selection of a
site for a Western armory made by the board of commissioners appointed
by me for that purpose pursuant to the act of September 9, 1841, 1 trans-
mit herewith their report and proceedings, as required by that act.

JOHN TYLER.

WASHINGTON, February 13, 184.3.
To the House of Representatives:

I herewith transmit to the House of Representatives a report made to
me on the 9th instant by the Secretary of the Treasury, on the subject
pf the present and prospective condition of the finances.

You will perceive from it that even if the receipts from the various
purees of revenue for the current year shall prove not to have been
overrated and the expenditures be restrained within the estimates, the
Treasury will be exhausted before the close of the year, and that this
will be the case although authority should be given to the proper De-
partment to reissue Treasury notes. But the state of facts existing at
the present moment can not fail to awaken a doubt whether the amount
of the revenue for the respective quarters of the year will come up to
the estimates, nor is it entirely certain that the expenditures which will
be authorized by Congress may not exceed the aggregate sum which
has hitherto been assumed as the basis of the Treasury calculations.

Of all the duties of the Government, none is more sacred and impera-
tive than that of making adequate and ample provision for fulfilling with
punctuality its pecuniary engagements and maintaining the public credit
inviolate. Any failure in this respect not produced by unforeseen causes
could only be regarded by our common constituents as a serious neglect
of the public interests. I feel it, therefore, to be an indispensable obli-
gation, while so much of the session yet remains unexpired as to enable
Congress to give to the subject the consideration which its great impor-
tance demands, most earnestly to call its attention to the propriety of
making further provision for the public service of the year.

The proper objects of taxation are peculiarly within the discretion
of the Legislature, while it is ihe duty of the Executive to keep Con-
gress duly advised of the state of the Treasury and to admonish it of
any danger which there may be ground to apprehend of a failure in the
means of meeting the expenditures authorized by law.

I ought not, therefore, to dissemble my fears that there will be a seri-
ous falling off in the estimated proceeds both of the customs and the
public lands. I regard the evil of disappointment in these respects as
altogether too great to be risked if by any possibility it may be entirely
obviated.

John Tyler 2080

While I am far from objecting, under present circumstances, to the
recommendation of the Secretary that authority be granted him to
reissue Treasury notes as they shall be redeemed, and to other sugges-
tions which he has made on this subject, yet it appears to me to be
worthy of grave consideration whether more permanent and certain sup-
plies ought not to be provided. The issue of one note in redemption of
another is not the payment of a debt, which must be made in the end
by some form of public taxation.

I can not forbear to add that in a country so full of resources, of such
abundant means if they be but judiciously called out, the revenues of the
Government, its credit, and its ability to fulfill all its obligations ought
not to be made dependent on temporary expedients or on calculations of
an uncertain character. The public faith in this or in all things else
ought to be placed beyond question and beyond contingency.

The necessity of further and full provision for supplying the wants of
the Treasury will be the more urgent if Congress at this present session
should adopt no plan for facilitating the financial operations of the Gov-
ernment and improving the currency of the country. By the aid of a
wise and efficient measure of that kind not only would the internal busi-
ness and prosperity of the country be revived and invigorated, but impor-
tant additions to the amount of revenue arising from importations might
also be confidently expected. Not only does the present condition of
things in relation to the currency and commercial exchanges produce
severe and distressing embarrassments in the business and pursuits of
individuals, but its obvious tendency is to create also a necessity for the
imposition of new burdens of taxation in order to secure the Government
and the country against discredit from the failure of means to fulfill the
public engagements. JQHN TYLER

WASHINGTON, February 18, 1843.
To the House of Representatives of the United States:

A resolution has been communicated to me, which was adopted by the
House of Representatives on the 2d instant, in the following terms:

Resolved, That the President of the United States be requested to inform this
House by what authority and under whose instructions Captain Thomas ap Catesby
Jones, commander of the squadron of the United States in the Pacific Ocean, did, on
or about the igth of October last, invade in warlike array the territories of the Mexi-
can Republic, take possession of the town of Monterey, and declare himself the com-
mander of the naval and military expedition for the occupation of the Californias.

Resolved, That the President of the United States be requested to communicate
to this House copies of all the instructions gi\ren by him or under his authority to
the said Captain Jones from the time of his appointment to the command of the
said squadron; also copies of all communications received from him relating to
his expedition for the occupation of the Californias; and also to inform this House
whether orders have been dispatched to the said Captain Jones recalling him from
his command.

2081 Messages and Papers of the Presidents

The proceeding of Captain Jones in taking possession of the town of
Monterey, in the possessions of Mexico, was entirely of his own authority,
and not in consequence of any orders or instructions of any kind given
to him by the Government of the United States. For that proceeding
he has been recalled, and the letter recalling him will be found among
the papers herewith communicated.

The resolution of the House of Representatives asks for ' 'copies of all
the instructions given to Captain Jones from the time of his appointment
to the command of the said squadron, also copies of all communications
received from him relating to his expedition for the occupation of the
Californias, ' ' without confining the request to such instructions and cor-
respondence as relate to the transactions at Monterey, and without the
usual reservation of such portions of the instructions or correspondence
as in the President's judgment could not be made public without preju-
dice or danger to the public interests.

It may well be supposed that cases may arise even in time of peace in
which it would be highly injurious to the country to make public at a par-
ticular moment the instructions under which a commander may be acting
on a distant and foreign service. In such a case, should it arise, and in
all similar cases the discretion of the Executive can not be controlled by
the request of either House of Congress for the communication of papers.
The duties which the Constitution and the laws devolve on the President
must be performed by him under his official responsibility, and he is not
at liberty to disregard high interests or thwart important public objects
by untimely publications made against his own judgment, by whomsoever
such publications may be requested. In the present case, not seeing that
any injury is likely to arise from so doing, I have directed copies of all
the papers asked for to be communicated; and I avail of the opportunity
of transmitting also copies of sundry letters, as noted below.

JOHN TYLER.

WASHINGTON, February 20, 184.3.
To the House of Representatives:

I transmit to the House of Representatives a report from the Secre*
tary of State, accompanied by a copy of the correspondence* requested
by their resolution of the 2gth of December last.

JOHN TYLER.

WASHINGTON, February 20, 184.3.
To the Senate of the United States:

I transmit to the Senate a report f from the Secretary of State, in
answer to their resolution of the i4th instant.

JOHN TYLER.

* Between the consul-jreneral of the United States'at Tangier and the Government of Morocco.
t Communicating a copy of the commission and instructions issued to Daniel Webster, Secretary
of State, to treat with Lord Ashburton, special minister from Great Britain to the United States.

John Tyler 2082

WASHINGTON, February 24, 184.3.
To the Senate of the United States:

1 transmit to the Senate, in answer to their resolutions of the 2oth of
December and of the Qth instant, the inclosed copies of papers* from the
Department of State, with an accompanying list.

JOHN TYLER.

WASHINGTON, February 27, 184.3.
To the House of Representatives:

In compliance with the resolution of the House of Representatives of
the 22d instant, requesting me to communicate to the House "whatever
correspondence or communication may have been received from the Brit-
ish Government respecting the President's construction of the late British
treaty concluded at Washington as it concerns an alleged right to visit
American vessels," I herewith transmit a report made to me by the
Secretary of State.

I have also thought proper to communicate copies of Lord Aberdeen's
letter of the 2oth December, 1841, to Mr. Everett, Mr. Everett's letter of
the 23d December in reply thereto, and extracts from several letters of
Mr. Everett to the Secretary of State.

I can not forego the expression of my regret at the apparent purport
of a part of Lord Aberdeen's dispatch to Mr. Fox. I had cherished the
hope that all possibility of misunderstanding as to the true construction
of the eighth article of the treaty lately concluded between Great Britain
and the United States was precluded by the plain and well-weighed lan-
guage in which it is expressed. The desire of both Governments is to
put an end as speedily as possible to the slave trade, and that desire, I
need scarcely add, is as strongly and as sincerely felt by the United States
as it can be by Great Britain. Yet it must not be forgotten that the
trade, though now universally reprobated, was up to a late period prose-
cuted by all who chose to engage in it, and there were unfortunately but
very few Christian powers whose subjects were not permitted, and even
encouraged, to share in the profits of what was regarded as a perfect!)'
legitimate commerce. It originated at a period long before the United
States had become independent and was carried on within our borders in
opposition to the most earnest remonstrances and expostulations of some
of the colonies in wrhich it was most actively prosecuted. Those engaged
in it were as little liable to inquiry or interruption as any others. Its
character, thus fixed by common consent and general practice, could only
be changed by the positive assent of each and every nation, expressed
either in the form of municipal law or conventional arrangement. The
United States led the way in efforts to suppress it. They claimed no
right to dictate to others, but they resolved, without waiting for the

* Correspondence with the United States minister to France relative to the quintuple treaty of
December 20, 1841, and the Ashburton treaty of August 9. 1842.

2083 Messages and Papers of the Presidents

cooperation of other powers, to prohibit it to their own citizens and to
visit its perpetration by them with condign punishment. I may safely
affirm that it never occurred to this Government that any new maritime
right accrued to it from the position it had thus assumed in regard to the
slave trade. If before our laws for its suppression the flag of every
nation might traverse the ocean unquestioned by our cruisers, this free-
dom was not, in our opinion, in the least abridged by our municipal
legislation.

Any other doctrine, it is plain, would subject to an arbitrary and ever-
varying system of maritime police, adopted at will by the great naval
power for the time being, the trade of the world in any places or in any
articles which such power might see fit to prohibit to its own subjects or
citizens. A principle of this kind could scarcely be acknowledged with-
out subjecting commerce to the risk of constant and harassing vexations.

The attempt to justify such a pretension from the right to visit and
detain ships upon reasonable suspicion of piracy would deservedly be
exposed to universal condemnation, since it would be an attempt to
convert an established rule of maritime law, incorporated as a principle
into the international code by the consent of all nations, into a rule and
principle adopted by a single nation and enforced only by its assumed
authority. To seize and detain a ship upon suspicion of piracy, with
probable cause and in good faith, affords no just ground either for com-
plaint on the part of the nation whose flag she bears or claim of indemnity
on the part of the owner. The universal law sanctions and the common
good requires the existence of such a rule. The right under such cir-
cumstances not only to visit and detain but to search a ship is a perfect
right and involves neither icsponsibility nor indemnity. But, with this
single exception, no nation has in time of peace any authority to detain
the ships of another upon the high seas on any pretext whatever beyond
the limits of her territorial jurisdiction. And such, I am happy to find,
is substantially the doctrine of Great Britain herself in her most recent
official declarations, and even in those now communicated to the House.
These declarations may well lead us to doubt whether the apparent differ-
ence between the two Governments is not rather one of definition than of
principle. Not only is the right of search, properly so called, disclaimed
by Great Britain, but even that of mere visit and inquiry is asserted with
qualifications inconsistent with the idea of a perfect right.

In the dispatch of Lord Aberdeen to Mr. Everett of the 2oth of
December, 1841, as also in that just received by the British minister in
this country made to Mr. Fox, his lordship declares that if in spite of all
the precaution which shall be used to prevent such occurrences an Ameri-
can ship, by reason of any visit or detention by a British cruiser, ' 'should
suffer loss and injury, it would be followed by prompt and ample remu-
neration ;" and in order to make more manifest her intentions in this
respect, Lord Aberdeen in the dispatch of the 2oth December makes

John Tyler 2084

known to Mr. Everett the nature of the instructions given to the British
cruisers. These are such as, if faithfully observed, would enable the Brit-
ish Government to approximate the standard of a fair indemnity. That
Government has in several cases fulfilled her promises in this particular
by making adequate reparation for damage done to our commerce. It
seems obvious to remark that a right which is only to be exercised under
such restrictions and precautions and risk, in case of any assignable dam-
age to be followed by the consequences of a trespass, can scarcely be con-
sidered anything more than a privilege asked for and either conceded or
withheld on the usual principles of international comity.

The principles laid down in Lord Aberdeen's dispatches and the assur-
ances of indemnity therein held out, although the utmost reliance was
placed on the good faith of the British Government, were not regarded
by the Executive as a sufficient security against the abuses which Lord
Aberdeen admitted might arise in even the most cautious and moderate
exercise of their new maritime police, and therefore in my message at the
opening of the last session I set forth the views entertained by the Execu-
tive on this subject, and substantially affirmed both our inclination and
ability to enforce our own laws, protect our flag from abuse, and acquit
ourselves of all our duties and obligations on the high seas. In view of
these assertions the treaty of Washington was negotiated, and upon con-
sultation with the British negotiator as to the quantum of force neces-
sary to be employed in order to attain these objects, the result to which
the most deliberate estimate led was embodied in the eighth article of the
treaty.

Such were my views at the time of negotiating that treaty, and such,
in my opinion, is its plain and fair interpretation. I regarded the eighth
article as removing all possible pretext on the ground of mere necessity
to visit and detain our ships upon the African coast because of any
alleged abuse of our flag by slave traders of other nations. We had
taken upon ourselves the burden of preventing any such abuse by stipu-
lating to furnish an armed force regarded by both the high contracting
parties as sufficient to accomplish that object.

Denying as we did and do all color of right to exercise any such gen-
eral police over the flags of independent nations, we did not demand of
Great Britain any formal renunciation of her pretension; still less had
we the idea of yielding anything ourselves in that respect. We chose to
make a practical settlement of the question. This we owed to what we
had already done upon this subject. The honor of the country called for
it: the honor of its flag demanded that it should not be used by others to
cover an iniquitous traffic. This Government, I am very sure, has both
the inclination and the ability to do this; and if need be it will not con-
tent itself with a fleet of eighty guns, but sooner than any foreign gov-
ernment shall exercise the province of executing its laws and fulfilling
its obligations, the highest of which is to protect its flag alike from abuse

2085 ^fessages and Papers of the Presidents

or insult, it would, I doubt not, put in requisition for that purpose its
whole naval power. The purpose of this Government is faithfully to
fulfill the treaty on its part, and it will not permit itself to doubt that
•Great Britain will comply with it on hers. In this way peace will best
be preserved and the most amicable relations maintained between the
two countries. JOHN TYLER.

WASHINGTON, February 27,
To the House of Representatives:

I transmit to Congress sundry letters which have passed between the
Department of State and the Chevalier d'Argai'z, envoy extraordinary
and minister plenipotentiary of Spain near the Government of the United
States, on the subject of the schooner Amistad since the last commu-
nication of papers connected with that case. This correspondence will
show the general grounds on which the Spanish minister expresses dis-
satisfaction with the decision of the Supreme Court in that case and the
answers which have been made to his complaints by the Department of
State.

In laying these papers before Congress I think it proper to observe
that the allowance of salvage on the cargo does not appear to have been
a subject of discussion in the Supreme Court. Salvage had been denied
in the court below and from that part of the decree no appeal had been
claimed.

The ninth article of the treaty between the United States and Spain
provides that "all ships and merchandise of what nature soever which
shall be rescued out of the hands of any pirates or robbers on the high
seas shall be brought into some port of either State and shall be delivered
to the custody of the officers of that port in order to be taken care of
and restored entire to the true proprietor as soon as due and sufficient
proof shall be made concerning the property thereof. ' ' The case of the
Amistad, as was decided by the court, was not a case of piracy, and there-
fore not within the terms of the treaty; yet it was a case in which the
authority of the master, officers, and crew of the vessel had been divested
by force, and in that condition the vessel, having been found on the
coast, was brought into a port of the United States; and it may deserve
consideration that the salvors in this case were the officers and seamen
of a public ship.

It is left to Congress to consider, under these circumstances, whether,
although in strictness salvage may have been lawfully due, it might not
yet be wise to make provision to refund it, as a proof of the entire good
faith of the Government and of its disposition to fulfill all its treaty
stipulations to their full extent under a fair and liberal construction.

JOHN TYLER.

John Tylei 2086

WASHINGTON, February 28, 184.3.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifi-
cation, a convention further to provide for the payment of awards ill
favor of claimants under the convention between the United States and
the Mexican Republic of the nth of April, 1839, signed in the City of
Mexico on the 3oth day of last month. A copy of the instructions from
the Department of State to the minister of the United States at Mexico
relative to the convention and of the dispatches of that minister to the
Department is also communicated. By adverting to the signatures ap-
pended to the original draft of the convention as transmitted from the
Department of State to General Thompson it will be seen that the con-
vention as concluded was substantially approved by the representatives
of a large majority in value of the parties immediately interested.

JOHN TYLER.

WASHINGTON, February 28, 184.3.
To the House of Representatives:

I communicate to the House of Representatives a report from the Sec-
retary of State, which, with the documents* accompanying it, furnishes
the information requested by their resolution of the i8th instant.

JOHN TYLER.

WASHINGTON, March 3, 184.3.
To the Senate of the United States:

In submitting the name of Henry A. Wise to the Senate for the mis-
sion to France, I was led to do so by considerations of his high talent, his
exalted character, and great moral worth. The country, I feel assured,
would be represented at Paris in the person of Mr. Wise by one wholly
unsurpassed in exalted patriotism and well fitted to be the representative
of his country abroad. His rejection by the Senate has caused me to
reconsider his qualifications, and I see no cause to doubt that he is emi-
nently qualified for the station. I feel it, therefore, to be my duty to
renominate him.

I nominate Henry A. Wise, of Virginia, to be envoy extraordinary and
minister plenipotentiary to the Court of His Majesty the King of the
French, in place of Lewis Cass, resigned. TOHN TYLER

MARCH 3, 1843.
To the Senate of the United States:

In submitting to you the name of Caleb Cushing as Secretary of the
Treasury, I did so in full view of his consummate abilities, his unques-
tioned patriotism and full capacity to discharge with honor to himself

* Correspondence between the representatives of foreign governments and the United States
relative to the operation of the tariff laws on treaties existing with foreign governments

2087 Messages and Papers of the Presidents

and advantage to the country the high and important duties appeitaining
to that Department of the Government. The respect which I have for
the wisdom of the Senate has caused me again, since his rejection, to
reconsider his merits and his qualifications. That review has satisfied
me that I could not have a more able adviser in the administration of
public affairs or the country a more faithful officer. I feel it, therefore,
to be my duty to reuominate him.

I nominate Caleb Gushing to be Secretary of the Treasury, in the place
of Walter Forward, resigned. JOHN TYLER.

WASHINGTON, March 3, 184.3.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives copies of the final
report and appendices of the joint commission appointed to explore and
survey the boundary line between the States of Maine and New Hamp-
shire and the adjoining British Provinces, together with a general map
showing the results of their labors. JOHN TYLER

Report of the commissioners appointed by the President of the United States for the
purpose of exploring and surveying the boundary line between the States of Maine
and New Hampshire and the British Provinces*

Hon. DANIEI, WEBSTER, WASHINGTON, January 27, 1843.

Secretary of State.

SIR: The operations of the divisions under the direction of the several commis-
sioners during the past season have been as follows, viz :

I.

The work remaining to be performed by the division under the direction of the
chairman of the board was as follows:

1 . The completion of the survey of the line of highlands around the sources of the
Rimouski, filling up the gap left in former surveys in the line of boundary claimed
by the United States.

2. The survey of the line of highlands rising from the northern side of the Bay of
Chaleurs at its western extremity from the point visited and measured in 1840 to its
connection with the line surveyed in 1841 in the vicinity of Lake Metis.

3. The astronomical determination of the longitude of one or more points in the
surveyed lines, in order to the compilation of a geographical map of undeniable
accuracy.

The party, which was dispatched at the earliest possible period, having been recalled
by a special messenger as soon as the signature of the treaty of Washington was made
known to the commissioner, no more than the first of these objects was attempted,
and some of the observations that would have been considered necessary to make

*This report proper and Appendix No. i are the only portions of the original final report which*
can be found filed with the archives of the commission. The copy of the report which was trans-
mitted to the House of Representatives is missing from the files of the House. A careful search
in the Government libraries of Washington warrants me in asserting that the report has never
been printed. — COMPILER.

John Tyler 2088

this survey useful as evidence in case of a further discussion of the subject of bound-
ary were not completed. The expedition has, however, obtained for its results an
accurate survey of the Green River of St. John from its mouth to the portage be-
tween it and the South Branch of the Katawamkedgwick, a survey of that portage,
and a careful chain and compass survey of the highlands surrounding the sources
of Rimouski. The first of these is connected with the survey of the river St. John
made by Major Graham; the last was united at its two extremities with stations of
the survey of 1841. Throughout the whole of the surveys the latitudes were carefully
determined, by the methods employed during the former years, at a sufficient num-
ber of points. The longitudes have been estimated by the use of chronometers, but
the sudden recall of the party left the latter part of the task incomplete. Any defect
arising from the latter cause may be considered as in a great degree compensated by
the connections referred to with the work of Major Graham and the surveys of the
previous years.

The party left Portland to take the field on the i8th June, and reached the Grand
Falls of the St. John on its return on the 25th August.

The surplus stores, with the boats and camp equipage, were stored there, and were
afterwards transferred to the parties of the two other commissioners.

A map of the operations of this division was placed on file in the State Department
on the 27th December.

The distance surveyed along Green River from its mouth to the portage is 57
miles, the length of the portage 5^ miles, the distance measured in exploration
of the remaining portion of the boundary claimed by the United States 6i>£ miles,
making in all 124 miles.

II.

The parties under the direction of A. Talcott entered upon their field duties about
the middle of September, atad completed that branch of the service by the 5th of
November.

During that period the following rivers and streams were surveyed:

1. The "main St. John River" from the mouth of the "Alleguash" to the Forks.

2. The "Southwest Branch" to its source at the Metjarmette portage.

3. The "South Branch," or "Wool-as-ta-qua-guam," to 5 miles above Bakers
Lake and near to the exploring line of 1841 along the highlands claimed by Great
Britain.

4. The "West Branch," or " Mat-ta-wa-quam," to its source in the highlands.

5. The "Northwest Branch" to its source in the highlands.

6. The " Big Black River," or " Chim-pas-a-ooc-ten," to its source.

7. The " Little Black River," or " Pas-a-ooc-ten."

8. The " Chim-mem-ti-cook River" as far as navigable.

The character of all these streams is the same — slack water of moderate depth
alternating with rapids. They can never be navigated by anything larger than a
bateau.

The method of survey was to trace the course of each stream by compass, estimat-
ing distances by the eye, or by pacing when the nature of the margin of the river
would permit.

The average distance coursed per day was about 9 miles, and at the camps formed
at night astronomical observations north and south of the zenith were made to deter-
mine their position in latitude, and observations for the local time to ascertain their
differences of longitude.

Meridian observations of the sun were also made at a point intermediate to the
camps whenever they could be obtained.

Thirty-three of these points have been used in the correction of the paced and
estimated distances.

2089 Messages and Papers of the Presidents

Tables exhibiting these observations, their calculation and results, will accompany
the detailed maps.

With a view to facilitate the operations of the joint commission it was conceived
to be important that the intersection of the parallel of 46° 25' with the Southwest
Branch should be ascertained, as also the point on the Northwest Branch ( 10 miles
from the main St. John ) where the boundary line from the outlet of Lake Pohenaga-
mook intersects the said .branch.

It is believed that these points are projected on the map which accompanies this
report so near to their true position that the line indicating the boundary as drawn
on the map may be considered to substantially exhibit the division of territory as
effected by the late treaty.

The more thorough knowledge acquired through these explorations of the charac-
ter of the territory which has been relinquished by the United States fully confirms
the opinion previously entertained of its little value, either for its timber growth or
for purposes of agriculture.

Bordering on the "Big Black" and "Little Black" rivers the growth of pine is
large and apparently of good quality, and it is believed that most of the smaller
streams falling into the St. John below the ' ' Seven Islands ' ' will be found fringed
with pine, but it is quite certain that very little will be found included between the
lines of boundary and the highlands as claimed by the United States to the westward
of St. Francis River.

The office work of this party is nearly completed, all the calculations arising from
the astronomical observations have been made, and the detailed maps (five in num-
ber) drawn to the scale of 1:50,000 (or nearly i^ inches to I mile), exhibiting the
result of the surveys in 1840, 1841, and 1842, are in such a state of forwardness as to
insure their completion by the middle of February.

These explorations and surveys embrace —

1. The highlands as claimed by the United States, extending from the north west-
ernmost head of the Connecticut River to the portage road which leads from the 6t.
Lawrence River to Lake Temiscouata.

2. The highlands as claimed by Great Britain from the Metjarmette portage to the
source of the Aroostook River.

3. All the principal heads or branches of the Connecticut River north of the forty-
fifth degree of latitude.

4. The St. John and all its principal branches or tributaries west of the Alleguash
River.

III.

The division under the direction of Major Graham has been employed during the
past season in making the following surveys, viz:

1 . In prolonging the meridian of the monument at the source of the river St. Croix.

2. In making a survey of the Little Madawaska River, a tributary to the Aroostook,
from its mouth to its source in the Madawaska Lakes.

3. In surveying the group of lakes lying northwest of the Madawaska Lakes,
known by the appellation of the Eagle Lakes, or sometimes by the aboriginal one of
the Cheaplawgan Lake,., and especially to ascertain if those lakes, or any of them,
emptied their waters into the river St. John by any other outlet than Fish River.

4. A survey of the portion of Fish River included between the outlet of Lake
Winthrop and the river St. John.

5. A survey of the river St. John between the Grand Falls and the mouth of the
Alleguash.

6. A survey of the Alleguash from its mouth to its source.

7. A survey of the river St. Francis from its mouth to the outlet of Lake St. Francis.

8. In making astronomical observations for the latitude and longitude[of the Grand

John Tyler 2090

Falls~and the mouths of the Grand, the Green, Madawaska, Fish, and St. Francis
rivers.

Early in July a party under the direction of an officer of Topographical Engineers
was sent into the field and directed to occupy the most northern astronomical station
fixed the preceding year upon the true meridian of the monument at the source of
the river St. Croix, with the view of being prepared to complete its trace to the north-
west angle of Nova Scotia before the termination of the season in case the pending
negptiations for a conventional boundary should fail.

The true meridian was in this way prolonged to a point 19 miles north of the sta-
tion alluded to of last year, or 13 >£ miles north of its intersection with the river St.
John, reaching to the summit of the height immediately south of Grand River, where
a permanent station was fixed. The point thus fixed is 90^ miles north of the monu-
ment at the source of the St. Croix.

This portion of the work was performed by the isth of August, at which period ?t
was considered inexpedient to incur the expense of continuing it any farther.

A party under the direction of another officer of Topographical Engineers, which
took the field also in July was charged with the surveys of the Little Madawaska
River, the Eagle or Cheaplawgan Lakes, the portion of Fish River from the outlet of
Lake Winthrop — one of the Eagle group — to its debouche" into the St. John, of the
river St. John, thence to the meridian of the source of the St. Croix, and finally of
the Alleguash from its mouth to its source.

The Little Madawaska was ascended in bateaux from its mouth to its source,
which is found in the Madawaska Lakes, and a trace of the river was made by
coursing with a compass and estimating the distances, which were checked by astro-
nomical observations for latitude and longitude.

The position of its mouth had been fixed by the surveys of the preceding year, and
observations for latitude and longitude were made at a point intermediate between
its mouth and its source and also at the junction of the two lakes which form its
source. The trace of the river was corrected so as to agree with the results of these
observations before being laid down upon the map.

A portage of 5^ miles was cut from the Madawaska to the Eagle Lakes, which are
only 43^ miles apart in a direct line. The party transported their baggage and boats
by this portage and launched them on Lake Sedgwick, the most southern and largest
of the Eagle group.

This group, which is composed of the Winthrop, Sedgwick, Preble, Bear, and
Cleveland lakes, being all connected one with another by water communications
between them, was carefully surveyed by triangulating them and coursing their
shores with the chain and compass, except those parts which were so straight as to
render the work sufficiently accurate by sketching those portions between consecutive
points of triangulation of no great distance apart. They were also sounded so far as
to obtain their general depths.

The survey was continued from the outlet of Lake Winthrop down Fish River to
its mouth, which was found to be the only outlet from this group to the river St.
John.

Lake Cleveland, the most northern and deepest of the group, was connected in
position with the river St. John at a point 2 miles below the upper chapel of the
Madawaska settlement, by a chained and coursed line following the portage repre-
sented on the map 5}^ miles long.

The Alleguash was ascended in the month of October in bateaux and canoes from
its mouth to its source in Lake Telos, a distance of about 94 miles. The river and
its lakes were coursed by a compass, the distances estimated, and the projection result-
ing therefrom corrected before being placed upon the map by means of astronomical
observations at eight intermediate points between its mouth and its source. The lakes
were triangulated by means of magnetic bearings as far as was practicable, in order

2091 Messages and Papers of the Presidents

to obtain their widths and general contour. In the vicinity of Chamberlain Lake
use has also been made of a recent survey of Mr. Parrott, a surveyor in the employ
of the State of Maine, to whom we acknowledge ourselves indebted for the aid which
this portion of his valuable labors furnished us.

Between the head of Lake Telos and Webster Pond, one of the sources of the
East Branch of the Penobscot, there is a portage of only i mile and a half. This,
together with a small cut or canal, made in 1841 to connect the waters of Lake Telos
with those of Webster Pond, enabled the party which made this survey to proceed
with their boats and baggage down the Penobscot to Bangor, where they and their
surplus stores were disposed of.

A survey of the river St. John was made in the month of September with the chain
and compass from the mouth of Fish River to the intersection of the meridian of the
monument at the source of the St. Croix with the St. John. This survey was after-
wards extended eastward to the Grand Falls, in order to connect with the astronom-
ical station established there, and westward to the mouth of the Alleguash, embracing
a distance of 87 miles. The islands were all surveyed, and the channels on either side
of them sounded.

The commissioner, having had other duties assigned him in reference to the ques-
tion of boundary, did not take the field in person until September. Between the
middle of that month and the middle of December he was occupied in performing
the field duties assigned him by the Department of State.

The party conducted by him in person made the astronomical observations for the
determination of the latitude and longitude of the Grand Falls of the St. John, and
of the mouths of the Grand, Green, Madawaska, Fish, and St. Francis rivers, all
tributary to the St. John.

The same party also made a survey of the river St. Francis from its mouth to
the outlet of Lake St. Francis, a distance of 81 miles.

This river was coursed by means of a compass, and whenever the nature of the
shores would permit the distances from bend to bend were either measured with
a chain or paced. Through the greater part of the stream, however, the impedi-
ments offered by the thick and small growth near the shores rendered this degree
of minuteness impracticable and a resort to estimating the distances by the eye, well
practiced by previous actual measurements, became necessary.

Before putting the trace of the river thus derived upon the map it was adjusted to
correspond with the results of astronomical observations for latitude and longitude
at twelve intermediate points between its mouth and the outlet of Lake St. Francis.
Its three principal lakes, viz, Pettiquaggamas, Petteiquaggamak, and Pohenagamook,
were triangulated and sounded as exhibited by the maps of detail yet to be handed in
of the operations of this division.

A profile of the river, exhibiting the slope of the country through which it flows,
was obtained by barometric observations made at fifteen points between its mouth
and the bridge where it is intersected by the Grand portage road.

A connection was made with Long Lake, a tributary to Lake Temiscouata, by a
chained line from a point on the St. Francis 2 miles below the mouth of Blue River
to the western shore of Long Lake, by which it was ascertained that the shore of this
lake approached within 2^ miles of the river St. Francis.

The outlet of Lake Pohenagamook was reached in a distance of 49^ miles from
the mouth of the St. Francis following the sinuosities of the river on the l8th of
October.

A camp was established on the southwest shore of the lake at its outlet for the
purpose of making the necessary astronomical observations to determine the latitude
and longitude of this position. Ten days were spent here for this object, out of which
we had only three nights that were favorable for observation. These were improved
as far as possible, and the results obtained, combined with those obtained by Captain

John Tyler 2092

Talcott's parties on the Northwest and Southwest branches of the St. John, have fur-
nished the elements for laying down upon the general map the straight lines which
show the boundary as it is required to run between the highlands and the river St.
John under the treaty of 1842. These furnish data for an accurate exhibition of the
extent of territory included by this portion of the boundary as fixed by that treaty.

The south shore of Lake Pohenagamook forms an angle of about 100° with the
direction of the stream which flows from it, and marks with great certainty the point
at which, according to the late treaty, the straight line is to be commenced in run-
ning the boundary southwestward to the Northwest Branch of the river St. John.

The work of this division was connected with that of Captain Talcott's division of
the preceding year by noting the position of a common point on the western shore
of Lake Pohenagamook near its head.

The commissioner and his party reached the Grand portage, or British military road,
where it crosses the river St. Francis on lie 2d of November, and connected their
work with that of Professor Renwick's division of the preceding year at the bridge
near Fournier's house.

Observations were also made at this bridge for the latitude and longitude, when
the weather was favorable, between the nights of the 2d and 5th of November, and a
connection was made in longitude with the meridian of Quebec by comparisons of the
local time with three chronometers transported from the first to the last mentioned
place between the 6th and loth of November.

This comparison was repeated on the return of the commissioner by observing
again at the St. Francis bridge before mentioned on the night of the loth of December,
with the thermometer ranging during these observations from II to 15° below zero
of Fahrenheit's scale, there being then near 4 feet of snow upon the ground. The
commissioner then proceeded by the Grand portage road, and the road which pursues
the margin of Temiscouata Lakeand the valleys of the Madawaska and St. John rivers,
to the mouth of Green River, where on the night of the 1 2th of December he again
observed at the same point where his observations of the 2gth of September were made
while ascending the St. John. These completed, he proceeded to the Grand Falls,
and on the I4th of December discharged his party, which terminated his field duties
for the season.

The distance surveyed along the new line of boundary by this division the past

season is —

Miles.

1. Along the river St. John from the meridian of the monument of the source of

the St. Croix to the mouth of the river St. Francis ........................... 71%

2. Along the river St. Francis from its mouth to the outlet of Lake Pohenaga-

mook ........................................................................... tf)Y4

Total

IV.

A map marked L/% on a scale of 1:400,000, exhibiting the lines respectively claimed
by the two nations under the treaty of 1783, as well as that adopted by the treaty of
1842, is herewith presented. By reference thereto the operations of the several divi-
sions during the present and previous years will be better understood.

For a more particular view of the surveys and explorations made under the direc-
tion of each of the commissioners, including descriptions of the face of the country,
navigation of streams, etc., the undersigned respectfully refer to their respective nar-
ratives hereto appended, and to the maps of detail deposited by each in the Depart-
ment of State.

All which is respectfully submitted. ™s RpvjWICK

A. TALCOTT,
JAMES D. GRAHAM,

Com m issiontrs.
68

2093 Messages and Papers of the Presidents

APPENDIX No. I.

OPERATIONS OF THE DIVISION UNDER THE DIRECTION OF JAMES RENWICKS
H. D., CHAIRMAN OF THE BOARD.

\.-Operations during the year 1841.

1. At as early a period as there was any probability of the country being accessible
two engineers were dispatched from the city of New York for the purpose of explor-
ing the Rimouski River. This had been crossed by the commissioner late in the
previous season. It had been ascertained that it took its source much farther to
the south than was represented on any map, and that at its head would be the great-
est difficulty in the intended researches. It was, besides, considered necessary that
skillful boatmen and practiced woodsmen should be engaged in Canada. These
it was believed could be found in Quebec, and the chief of this detachment, with
an appointment as acting commissioner, was directed to perform this duty on his
route.

This detachment accordingly left New York on the 22d May. On reaching Que-
bec it was found that the proper persons could only.be engaged at Trois Rivieres.
A delay was thus occasioned before this part of the duty could be performed. The
detachment, however, reached Rimouski 4th June, where the snow was still found
upon the ground and the river barely fit for the access of boats. No time had there-
fore been lost, and the reconnoissance of the river was successfully performed. The
detachment, after passing all the establishments of lumberers, extended its explo-
rations beyond the remotest Indian paths, and leaving its boats penetrated on foot
several miles to the south of the highest point of the stream in which boats could
float. In this progress through unexplored ground a lake wholly unknown was dis^
covered. The results of this expedition were embodied in a map, which on exami-
nation by parties furnished with better means was found accurate.

It was found by this party that the Rimouski presented difficulties which would
forbid its ascent by a party provided with stores and instruments for the prosecution
of a survey along the height of land, and that it would be impracticable even to
make it the route of an expedition to reach its own source. The little knowledge
which was possessed of its upper course and the fact that it had probably never been
explored even by Indian hunters were accounted for by its difficulty of access, which
would forbid the carriage of a sufficient supply of provisions for consumption during
its ascent and descent. On other streams difficulties of this sort had been and were
afterwards overcome by the use of the bateaux of the Penobscot, of greater burthen
and strength than the birch canoes, but the continual repetition of portages on the
Rimouski forbade the use of any vessel heavier than the latter.

2. The main body of engineers, etc., was ordered to assemble in New York on the
I5th May, for which tim^. a vessel was chartered for the purpose of conveying them,
with stores sufficient for an expedition of five months and the necessary instruments
and camp equipage, to Metis, on the St. Lawrence. The experience of the former
season had shown that the country was so poor as to furnish little for the support
of a numerous party, and it was believed that even game and fish would be found
scarce at the points where supplies would be most needed. It was therefore to be
chosen between laying in the supplies in New York or in Quebec, and while the
great advantage of conveying all the important instruments by sea turned the scale
in favor of the former place, it has been ascertained that the decision was in other
respects correct, for the dangers and difficulties of navigating the St. Lawrence
might have frustrated altogether, and would certainly have materially delayed, the
commencement of the main survey.

The sailing of the vessel was delayed, in expectation of the arrival of instruments

John Tyler 2094

from Europe, until the 3oth of May, when a sufficient supply for beginning the
operations arrived.

In the meantime Mr. Lally, one of the first assistants, was directed to proceed to
Bangor, in Maine, for the purpose of procuring boats and men to manage them.
These were obtained and brought down the Penobscot to Castine, where they were
on the 8th June embarked in the vessel which carried the rest of the party, and which
had orders to call at that port for the purpose. The experience of the previous year
had manifested the great superiority of the bateaux of the Penobscot over all other
vessels in the navigation of shallow and rapid rivers. The physical energy and
enterprise of the boatmen of that river had also been known. It was believed that
it was not only essential that a considerable proportion of the laboring force should
be American citizens, but that much good would result from emulation between the
boatmen of the Penobscot and the Canadian voyageurs. This expectation was in a
great degree confirmed by the result, for although it must be stated with regret that
it became necessary at an early period to discharge some of the Americans, the
remainder were models of intelligence, sobriety, industry, and perseverance, and
entered into the work, not with the feelings of hired laborers, but with those of men
who felt that the interest of their country was at stake.

3. The commissioner did not leave New York until 3Oth of June, being delayed in
expectation of more instruments. A part of these only had arrived, but further delay
might have been injurious. Proper instructions had been given for setting the party
in motion in case it could be organized before he joined it, but these were rendered
nugatory by the length of the vessel's passage. This did not reach Metis till yth July,
so that the commissioner, arriving on the gth, was in time to direct the first opera-
tions in person. The stores, boats, and instruments had been landed and partially
carried to a camp on the river above the falls. A heavy rain on the loth July ren-
dered the roads almost impassable, and it was not till the morning of the I2th that
the first detachment could be embarked. This was comprised of Dr. O. Goodrich,
the assistant commissary, two surveyors, and an assistant engineer. The first was in
charge of stores sufficient for six weeks' consumption. The surveyors had orders
to survey the river for the purpose of connecting it with the line of exploration, and
the latter was directed to make barometric observations. The commissioner and the
remaining engineers were detained at Metis by the necessary astronomic observa-
tions. These being completed, the instruments, camp equipage, and a portion of the
stores were embarked, and the main body proceeded up the river about noon on
the i5th July.

4. The river was found to be still swollen by the melting of the snows on the high-
lands near its source, and, being at all times rapid, the progress of the party was
attended both with difficulty and danger. One of the birch canoes, although man-
aged by a skillful voyageur, was twice upset, and one of the heavily loaded bateaux
filled with water in a rapid. The result of the first accident was unimportant, except
as respected the personal comfort of one of the party, who lost his clothing when it
could not be replaced; the second accident caused the loss of some valuable stores.
A guide had been procured in the person of a Canadian who was said to have acted
in the same capacity to Captain Broughton, who had descended the river by order of
the commissioners of Great Britain in 1840. So long as the services of the guide
were unimportant he was found intelligent and acquainted with the country, but
on passing beyond the region usually visited by lumbering parties he manifested a
very scanty knowledge. It had been the intention of the commissioner to ascend
to Lake Metis and thence proceed to the height of land by an old portage said to
have existed from that lake to the one at the head of the Grande Fourche of the
Restigouche, which had been explored by the commissioner in 1840. Lake Metis
was chosen because all former accounts, and particularly those of the surveyors of
the joint commission under the fifth article of the treaty of Ghent, represented this

20Q5 Messages and Papers of the Presidents

as the body of water seen to the northwest of the termination of the exploring
meridian line. The guide appeared to confirm this impression, and held out induce-
ments that led to the belief that he was acquainted with the portage in question.
The nearer, however, it was approached the less seemed to be his confidence. When
tliere appeared to be some reason to doubt his competency or his will, a place in the
river was reached where it divided into two branches of nearly equal magnitude. On
inquiry from the guide it was ascertained that the easternmost of these was the main
"'\Ictis, the other the Mistigougeche (Riviere au Foin). Although the latter appeared
to be the most direct course to the boundary, it was still believed, and nothing could
be learned from him to the contrary, that the former led to the termination of the
exploring meridian line. The party of Dr. Goodrich had gone up the Metis, and it
was necessary to communicate with it before any change in plan could be made.
The commissioner therefore entered the main Metis, and in the evening overtook
the surveyors, who had been unable to keep the survey up with the progress of the
boats. An express was therefore sent forward to stop the boats, and, the party
encamping, astronomic observations were made for the solution of the difficulty in
which it appeared to be enveloped. A detachment was also sent out to explore to
the eastward of the Metis. This reached the Lake of the Little Red River, and from
its banks took bearings to what appeared to be the greatest mountain of the country.
This is known by the name of Paganet, and lies to the southwest of Lake Matapediac,
forming a part of the highlands which are so obviously described as the boundary of
the Province of Quebec in the proclamation of 1763. Its height was reported to be
probably 3,000 feet, but as it has appeared in the course of the survey that heights
in that region may easily be overestimated, it can not be safely taken at more than
2,500 feet. The result of the astronomic observations seemed to show that the main
stream would lead too far to t'he eastward, and after mature deliberation it was
resolved that the course should be retraced and the Mistigougeche ascended. The
first part of the operation was attended with little delay. Half an hour sufficed for
reaching the forks, whence the party had been six hours in mounting. The guide
also stated that the Mistigougeche was a much less difficult stream than Metis. Of
the comparative facility, except for a few miles of the latter, no opportunity for
judging was obtained; but these were so difficult as to confirm his statement. On
the other hand, the former was found to be much worse than it had been represented
by him. His knowledge, in fact, was limited to its state in winter, for it appeared
from a subsequent interview with Captain Broughton to be doubtful whether he had
served in the employ of that officer; and it can be well imagined that the river when
locked up in ice should present an aspect of far less rapidity than when rushing
with its springtide violence. The Mistigougeche was found to be intercepted by a
fall of a few feet, which could not be passed by the boats when loaded, although the
Penobscot men boldly and successfully carried theirs up when empty, in which feat
they were imitated by the voyageurs, who had at first deemed it impossible. The loads
of the boats were carried over a portage, and in this operation the chronometers were
found to deviate from each other, showing a manifest change of rate in some or all
of them. This may be ascribed to a change in the mode of transportation, but was
more than could be reasonably anticipated, considering the shortness of the portage
(2,000 yards) and the great care that was taken in conveying them. At some dis-
tance above the falls a lake of moderate size was reached, embosomed in hills and
embarrassed at its upper end with grass. From the last feature it was ascertained
that both iHK,-. and river take their epithet of Grassy (Riviere au Foin, and, in Indian,
of Mistigougeche, or Grassy Lake). At this lake the party of the commissioner was
in advance or the loaded boats. A halt was therefore made and a party sent out to
explore to the westward. This party reached an eminence whence a lake was seen,
which the guide stated to be the head of a branch of the Rimouski, far distant, as he
averred, from any waters of the Restigouche. Subsequent examination has shown

John Tyler 2096

that this party had actually reached the height of land and that the survey of the
boundary might have been advantageously commenced from this point.

On leaving the lake the river was found to have a gentle current for a few
miles. It was then interrupted by a bed of timber, after passing which it became
as rapid as ever. In a short time, however, a noble sheet of water was reached, sur-
rounded by lofty hills, and of great depth. At the upper end of this a place was
chosen for a stationary camp, and preparations were made for proceeding to the land
survey. While these were going forward with as much dispatch as possible, Mr.
Lally, one of the first assistants, was detached to reconnoiter the inlet of the lake.
During his absence observations were taken and the rates of the chronometers worked
up. Of the four instruments with which the expedition was furnished, two had varied
from the other two on the portage. All were of good reputation, and no means
existed of determining on which pair reliance could be placed. From the rates of
two of them it appeared that the camp was situated 12 miles to the northwest of the
tree chosen by the American surveyors in 1818 as marking the northwest angle of
Nova Scotia. Actual survey has shown that the distance is about 10 miles. The
result given by the chronometers was speedily confirmed by the return of Mr. I/ally,
who reported that he had actually reached the marked tree, well known to him by
his visit to it the year before, and that he had pursued for a couple of miles the line
cut out subsequently by Captain Broughton.

6. The preparations being completed, Messrs. H. B. Renwick and I/ally were sent
out, each at the head of a sufficient party, with instructions to proceed together to
the west until they reached waters running to the Restigouche and then to divide,
Mr. Lally proceeding to the northwest angle and Mr. Renwick toward Rimouski.
Each was directed to pursue as far as possible the height of land and 'x> remain in
the field as long as the supplies which the men could carry would pe .mit. They
were also ordered to mark their path in order to insure a safe return, as well as al!
the stations of their barometric observations. Each of the laborers was loaded with
56 pounds besides his own baggage and ax, and the engineers and surveyors carried
their own baggage and instruments. The commissioner, with one assistant, remained
in the stationary camp for the purpose of determining the longitude accurately and
of making corresponding barometric observations.

7. In this place it will be proper to state that the lake which was thus reached
was ascertained with certainty to be that seen by the surveyors of the joint commis-
sion in 1818, and which was by them supposed to be Lake Metis. As it has no name
yet assigned to it, it has been called upon our maps Lake Johnson, in honor of the
American surveyor by whom it was first visited. It is 1 ,007 feet above the level of
the sea, being more than twice as much as the total fall assigned to the waters of the
Metis in the report of Messrs. Mudge and Featherstouhaugh. So great an elevation
in so short a course is sufficient to account for the great rapidity of the stream. To
illustrate this rapidity in an obvious manner, the birch canoes, which on the waters
of the St. John are easily managed by one man, are never intrusted on those of the
Metis to less than two. Our departure from Metis in boats so deeply loaded, as was
afterwards learned, was considered there as a desperate attempt, and although but
one of them sustained injury, this is to be ascribed to the great skill of the boatmen;
and to show the velocity of the stream in a still stronger light, it is to be recollected
that, after deducting the loss of time on the Metis, nine days of incessant labor were
spent in taking up the loaded boats, while the assistant commissary whom it became
necessary to send to Metis left the stationary camp at 2 o'clock in the morning of
the 28th July and reached the mouth of the rivet before sunset of the same day,
after making two portages, one of 2,000 yards and the other of 2 miles.

8. The first day of the operations of M^r.srs H b Renwick and Laliy was attended
with an accident which had an injurious effect. The surveyor of Mr. Lally's party,
Mr. \V. G. Waller, fell from a tree laid as a bridge across a stream and lamed himself

2OQ7 Messages and Papers of the Presidents

to such a degree as to be incapable either of proceeding with the party or of return-
ing to the stationary camp. It became necessary, therefore, to leave him, with a
man to attend him, in the woods, and it was a week before he was sufficiently recov-
ered to be able to walk. Intelligence was immediately sent to the commissioner, by
whom the assistant he had retained in camp to aid in astronomic observations was
sent to take the place of the surveyor. Two days were thus lost, and the intended
astronomic observations were far less numerous than they might have been with the
aid of a competent assistant.

The two parties, proceeding together, reached Katawamkedgwick Lake. That
tinder the direction of Mr. II. B. Renwick immediately crossed it, while that of Mr.
Lally proceeded along the eastern bank for the purpose of reaching the source of the
stream. This being attained, the party of Mr. L. pursued the height of land as nearly
as possible and reached the exploring meridian line. Crossing this, some progress
was made to the eastward, when a failure of provisions compelled a return to camp.
The party of Mr. H. B. Renwick, proceeding until the Rimouski was seen, turned to
the south and finally reached the southeasterly source of that river, a point probably
never before pressed by human foot, for it was found to consist in a series of beaver
ponds, in which that animal was residing in communities and without any appear-
ance of having been ever disturbed. The low state of provisions in this instance
also called the party back, but not before every anticipated result had been obtained.

9. The party of Mr. H. B. Renwick having returned first, immediate preparations
were made for descending the stream. Before they were completed Mr. Lally also
came in, and both were assembled at Metis on the I4th, whence the commissioner
set out instantly for the river Du Loup, which had been chosen as the base of further
operations.

The circumstances of the operations up the Metis and Metis and Mistigougeche
had been upon the whole favorable. With the exception of a-single thundershower,
no rain had been experienced; the country was still sufficiently moist to insure a
supply of water even upon the ridges. The sun was observed daily for time and
latitude, and the nights admitted of observations of the pole star for latitude at
almost every camp. At the stationary camp, however, the mists rising from the lake
obscured the horizon and rendered the eclipses of Jupiter's satellites invisible; nor
was it possible to observe the only occultation of a star which calculation rendered
probable during the period in question. Much, however, had been accomplished.
A river little known had been carefully surveyed some miles beyond its junction
with a branch unheard of by geographers. This branch had been explored, its course
and length determined; a path nearly coinciding with the boundary line for an extent
of 86 miles had been measured and leveled, and regions before unseen visited. One
accident of a serious character had occurred, and one of the laboring n^en, although
an homme du nord, seasoned in the service of the Iludsons Bay Company, had been
rendered unfit by fatigue for further duty in the service; but with these exceptions
the health and strength of the party were unimpaired. All augured well for a speedy
and successful completion of the task in a manner as perfect as had been anticipated.

10. Instructions had been transmitted to the commissary, as soon as it was found
that a portage to Katawamkedgwick and thence to Rimouski was impracticable, to
have a vessel ready at Metis to transport the stores to the river Du Loup. One was
in consequence chartered, but, being neaped in the harbor of Rimouski, did not reach
Metis till the igth August. When loaded, her sailing was delayed by an unfavorable
wind, and its continuance prevented her from reacliing the river Du Loup before the
2gth August. An entire week of very favorable weather was thus lost for field oper-
ations, and it was not even possible to employ it to advantage in observations, as all
the chronometers but one and the larger instruments, in order to expose them as
little as possible to change of rate or injurv, had been forwarded from Metis in the
vessel. With the one chronometer and the reflecting repeating circle numerous
observations were, however, made for the latitude of the river Du Loup.

11. During the time the main body was engaged in ascending the Metis and in the
other operations which have been mentioned an engineer was directed to proceed

John Tyler 2098

from Metis along the Kempt road for the purpose of exploring along the dividing
ridge between the waters of the Bay of Chaleurs in the vicinity of Lake Matapediac
and the St. Lawrence. This line forms the continuation of that claimed by the
United States, and is important in its connection with the proclamation of 1763, but
as it falls without the ground which is the subject of dispute, it was not considered
necessary to survey it. The heights which could be reached were therefore measured
with the barometer, and the position of the points at which the observations were
taken referred to existing maps without any attempt to correct their errors.

In the course of this reconnoissance an eminence 1,743 ^eet *n height, lying to the
southeast of Lake Matapediac, was ascended. Thence was had the view of a wide,
cpen valley extending toward the southeast to the Bay of Chaleurs and bounded on
the northeast and southwest by highlands. The former were pointed out by the
guide as the Chic Choc Mountains, in the district of Gaspe; the latter, it appeared
beyond question, extended to the Bay of Chaleurs, and strike it below the Matapediac.
At the latter place a party detached down the Restigouche in 1840 had measured
the height of Ben Lomond, a highland rising abruptly from the western termination
of the Bay of Chaleurs and found it to be 1,024 feet. Thus it appears beyond the
possibility of doubt that a chain of eminences well entitled to the name of highlands,
both as dividing waters and rising to the character of mountains, depart from "the
northern shore of the Bay of Chaleurs at its western extremity" bound the valley
of the Matapediac to the northeast, and, bending around the lake of that name,
separate its waters from those of the Metis. These are deeply cut by valleys, whose
direction appears from the map of the reconnoissance and from the course of the
tributary streams which occupy their lines of maximum slope to run from southwest
to northeast, or at right angles to the general course ot the highlands themselves.
These highlands are obviously those defined in the proclamation of 1763 and the
commission of Governor Wiltnot.

12. As soon as the necessary instruments arrived from Metis at the river Du Loup
a party was detached to survey the Temiscouata portage, a line known to be of great
importance to the subsequent operations, but whose interest has been increased from
the unexpected frequency with which the line dividing the waters touches or crosses
it. Stores for a month's service were transported with all possible dispatch to Lake
Temiscouata, along with the boats and camp equipage.

Two separate parties were now formed, the one to proceed up Temiscouata Lake,
the other to ascend the Tuladi. The embarkation of both was completed at noon
on the 4th September.

13. Mr. H. B. Renwick, with the party under his command, was directed if possi-
ble to ascend the middle or main branch of Tuladi and form a stationary camp at
the highest point of that stream which could be reached by boats.

Mr. Lally had orders to enter and follow the river Asherbish, which enters Lake
Temiscouata at its head, until the progress of his boats should be interrupted. The
first party was directed to operate in the first place toward the west, the second
toward the east, upon the height of land until they should meet each other's marks.
The party of Mr. H. B. Renwick was directed, therefore, to proceed from the head of
Tuladi and reach if possible the head of Rimouski, thus forming a connection with
the line explored from the head of Mistigougeche; that of Mr. Lally to proceed from
the head of Asherbish along the height of land to the Temiscouata portage. The
commissary was then moved up with a large amount of stores and halted on the
summit of Mount Biort, to be within reach of both the parties in case of a demand
for new supplies, and to receive them on their return.

14. The party of Mr. H. B. Renwick, having passed through Tuladi Lake, entered
the main stream of that name on the 5th September. The head of it had been seen
by that gentleman in September, 1^40, and held out the promise of abundance of
water for navigation. This promise did not fail, but it was found that the stream

2ogg Atessages and Papers of the Presidents

had probably never betore been ascended, and was therefore embarrassed with drift-
wood. After cutting through several rafts with great labor, a place was reached
where the stream spre*ad out to a great width over beds of gravel, and all further
progress in boats became impossible. It was therefore determined to fall down the
stream and ascend the western branch, well known under the name of Abagusquash,
and which had been fully explored in 1840. The resolution to return was taken on
the 6th, and on the evening of the gth the beaver pond at the head of Abagusquash
was reached; here a stationary camp was established. One of the men had wounded
himself with an ax and three more were so ill as to be unfit for service. The numbers
were yet sufficient for short expeditions, and one was immediately fitted out for the
head of Tuladi with provisions to form a cache for future operations. This expedition
explored so much of the height of land as would otherwise have been thrown out of
the regular order in consequence of the failure to ascend the main branch of Tuladi

15. In the meantime Mr. Lally proceeded up Lake Temiscouata and entered the
Asherbish. This stream was also found very difficult, and on the evening of the yth
no more than 7 miles had been accomplished on it. At this point a stationary camp
was fixed and a detachment sent out to explore the neighborhood. On the loth Mr.
Lally set out to the eastward, and struck the lower end of Abagusquash Lake on the
afternoon of the nth September. Being obviously too far to the south, he ascended
that stream and reached H. B. Renwick's camp on the evening of the I2th. The
next morning he proceeded to the height of land, and after twice crossing it reached
his stationary camp on Asherbish at noon on the aist September.

On this expedition two out of three barometers were broken, and an assistant was
therefore sent to seek a fresh supply from the stores.

16. The expedition sent out by H. B. Renwick to the head of the Tuladi returned
on the I3th Ser .ember. One of the men came in severely wounded, and those left
sick and wounded in camp were still unfit for service; others also were taken sick.
Of the laborers of the party, one-half were thus lost for the present to the service.
The engineer in command, who had finished the observations for which he had
remained in the stationary camp, determined, therefore, to proceed to Mount Biort in
order to obtain men. Previous to his departure on the I5th September he fitted out
a second expedition with all the disposable strength for the purpose of operating
between the head of Tuladi and the point in the height of land where Mr. Lally's
line diverged to the southwest. The newly engaged hands and the detachment on
its return both reached the camp on the Abagusquash on the igth of September.
On the 2ist, all arrangements having been completed, Mr. H. B. Renwick, leaving
the assistant commissary with only one man in the stationary camp, set off toward
the head of Rimouski. This course was pursued for six days, when it became neces-
sary to return for want of provisions, and the stationary camp was reached on the 2d
October. On this expedition the line of exploration made in June up the Rimouski
was intersected and the ground traversed in July and August seen and connected
with the survey, but it was found impossible to penetrate along the height of land
on the western side of Rimouski to its head. On reaching the camp snow began to
fall, and the thermometer marked 18° in the morning. All further operations for
the season in this direction were therefore at an end. A portion of the line which
divides the waters falling into the St. John from those falling into the St. Lawrence
remained in consequence unsurveyed. It can not, however, be said to be absolutely
unexplored, for it was seen from the eastern side of Rinu nski, presenting the appear-
ance of a range of hills at least as elevated as any on the boundary.

1 8. Mr. Lally having received a fresh supply of barometers on the evening of the
23d, resumed his survey of the height of land on the 25th September, and reached
the camp of the commissary on Mount Biort on the 2d October, having surveyed
and leveled the intermediate dividing ridge. The party of II. B. Renwick descended
the Abagusquash and Tuladi, and, crossing Lake Temiscouata, reached the same

John Tyler 2100

rendezvous on the 5th October. The interval was spent by Mr. Lally's party in
clearing a space for a panoramic view on the summit of Mount Biort.

19. The commissioner, having superintended in person the equipment and embar-
kation of the parties of Messrs. H. B. Renwick and Lally on Lake Temiscouata,
returned to the river Du Loup for the purpose of making astronomic observations.
These being completed, he visited and conferred with the parties of his colleague,
A. Talcott, esq., on their way to the height of land southeast of Kamouraska. Here
he made arrangements for the junction of the two lines on the Temiscouata portage.
He then proceeded to the camp of the commissary on Mount Biort, and there made
provision for the completion of the residue of the line in the vicinity of the portage.
He also selected points of view for the use of the daguerreotype and camera lucida,
and, being unable to do any more on the ground for the furtherance of the objects
of his appointment, returned to New York, taking with him the earlier records of
the field operations for the purpose of organizing the office work.

20. Under the direction of Mr. H. B. Renwick, a party led by Mr. Lally set off from
Mount Biort on the 7th October, and, proceeding westward along the portage road
to the ridge of Mount Paradis, turned to the south along the dividing ridge. This
being pursued led them back to the portage at a point about 21% miles from the
river Du Loup on the loth. The dividing ridge was now found for some distance
to coincide nearly with the portage road and to pass over the summit of the Grande
Fourche Mountain, a fact which had not before been suspected The source of the
Grande Fourche of Trois Pistoles having been headed, the party reached a .station
which the commissary had now established at the river St. Francis on the I3th Octo-
ber. Departing from this, the basin of the St. Francis to the north of the portage
road was explored, and the survey finished on the iyth October.

Operating from the St. Lawrence as a base, and within reach of a cultivated
country, whence numerous roads are cut to the height of land, it would have been
possible to have kept the field for perhaps a fortnight longer. The plans and esti-
mates of the division had been made with this view, and it was anticipated that the
height of land might have been surveyed 30 miles to the south of the Temiscouata
portage. Although this would have been practicable, it would have been a service
of hardship. The necessity for this was obviated by the progress of the parties of
A. Talcott, esq., which completed their surveys up to the portage on the same day
that the surveys of this division were finished.

22. The circumstances under which the latter part of the survey was performed
from the time of leaving the river Du Loup, on the 3d September, were far less favor-
able than had been experienced on the Metis and its branches. The continual
drought had at the beginning of this part of the duty affected the streams and
springs in such a way as to render navigation difficult and water for drinking scarce
on the heights of land to which the survey was necessarily directed. On the eastern
side of Lake Temiscouata a large fire had extended itself into the woods. On the
Temiscouata portage the persons in charge of that road had set fire to the brush and
wood cut in opening it out to an increased breadth, and a belt of flame 30 miles in
length was at each change of wind carried in some new direction into the dry forest.
The camp and collection of stores on Mount Biort were thus threatened for several
days, and only saved by great exertions. Serious apprehensions were entertained
lest the return of the parties in the field might be obstructed by the spreading of
their own fires. The smoke of this vast extent of combustion obscured the heavens
and rendered astronomic observations difficult or prevented it altogether. Finally,
a season of unprecedented drought was closed on the 24th of September by the setting
in of the equinoctial storm, and from this day until that on which the survey termi-
nated few hours elapsed without rain, sleet, or snow. In spite of these obstacles, it
is believed that the State Department will have no reason to be dissatisfied with the
results ot the campaign.

2 1 oi Messages and Papers of the Presidents

23. The results of the operations of this division are embodied in a siap and pro-
files, which are herewith presented. The degree of reliance to be placed on this map
will be best understood from a detail of the methods employed in preparing it.

The river Metis and its branch, the Mistigougeche, were surveyed by an azimuth
compass of Smallcaldus construction, and the distances measured by a micrometric
telescope by Ertil, of Munich. The courses of the rest of the lines were determined
by compasses of similar construction, and the distances measured by chains of 100
feet constructed by Dollond, of London, and Brown, of New York. An exception to
this general rule exists in the survey of the eastern side of Rimouski. The courses
and distances thus measured, and corrected for the variation of the compass, were
compared with astronomic observations for latitude and with longitudes deduced
from chronometers. For this reason, as the line on the east side of Rirrouski is
almost in the direction of the meridian, it was not considered necessary to lose time
in measuring it when the latitude of the several camps, determined by observations
of the pole star, were taken nightly.

The latitudes of the courses under the direction of Mr. H. B. Renwick were deter-
mined by a reflecting repeating circle of Dollond; those on Mr. Lally's by a good
sextant. The latitudes and times at Grand Metis, the river Du Loup, and the sta-
tionary camp on Mistigougeche and Abagusquash were principally determined from
observations made with the Dollond circle. Lunar transits were taken at the river
Du Loup, and distances of the moon for longitude at several places on the line. The
reliance for the longitudes was, however, principally upon timekeepers, and of these
the party was furnished with one box and two pocket chronometers by Parkinson &
Trodsham, one pocket chronometer by Molyneux, one by French, one by Barraud,
and one by Morrice. Thus, while several could be retained at the station, each party
in the field was furnished with two, and the measured distance furnished a check,
which, in case of discrepancy, that on which greatest reliance could be placed might
be ascertained. It is sufficient to say that the deductions have been in general sat-
isfactory, although the rough motion to which these instruments were subjected in
passing through pathless woods, embarrassed by fallen trees and morasses in which
the bearers often sunk to the middle, caused changes of rate and even sudden varia-
tions. Uncertainty arising from these causes was rendered less to be dreaded from
its being possible to refer, as a base of operations, to the excellent survey of the
St. Lawrence River by Captain Byfield, of the British navy. With the geographical
positions given in his charts our own observations agreed so closely as materially
to confirm the respective accuracy of both.

24. The point which in this part of the survey has been kept in view as most
important is the determination of the heights. For this purpose the party of Pro-
fessor Renwick was furnished with the following barometers:

Two loaned by the Superintendent of the Coast Survey, of his own construction;
two portable and one standard, by Neurnan; three of the siphon form, by Bumin, of
Paris; one by Traughton & Simms; one by Forlin, of Paris; three of siphon form,
by Roach & Warner, of New York; two by Tagliabiie, of New York, originally on the
plan of Durand, but which had been advantageously altered by Roach & Warner in
such manner as to admit of the adjustment of the level of the mercury in the cistern.

The stations at which the lower barometers were placed were Grand Metis until
the return of the expedition up the river of that name, and the river Du Loup from
that time until the close of the survey. At these places all the barometers not actually
in the field were suspended and registered at the hours most likely to correspond
with the observations of a traveling party, say at 6, 7, 8, and 9 in the morning, noon,
i, 5, and 6 in the afternoon, until as the season advanced and the days became short
the earliest and latest of these hours were omitted. Although several barometers
were thus constantly observed, no other use of these was made but to determine
their comparisons with each other, except one of the barometers of Mr. Ilassler,

John Tyler 2102

Superintendent of the Coast Survey. This, from its superior simplicity, being, in
fact, no more than the original Tonicillean experiment, with a well-divided scale and
adjustment of its o° to the surface of the mercury in the cistern, was found to be
most certain in its results. All the barometers used by the parties in the field were
therefore reduced to this by their mean differences.

The stations at the two above-mentioned places were near the St. Lawrence. At
Metis the height of the cistern of the standard barometer was determined by a spirit
level. At the river Du Loup the height of the station was determined by two seta
of observations of barometers, taken with different instruments by different observ-
ers, and at an interval of a week from each other. The results of the two several
sets, which were calculated separately, differ no more than 0.5 of a foot from each
other.

On reaching the highest accessible points of the streams on which the parties
proceeded toward the height of land, stationary camps were established, as has
been already stated. At these series of observations were made at the same hours
as at the river stations. The height of the former was then calculated from a series
of observations taken at noon and at- I p. m. for the whole of the time the camp
was occupied. The heights of the points at which observations were made by the
traveling party were then deduced from a comparison with the nearest contempora-
neous observations at the stationary camp. An exception to this rule was made in
the observations to the westward of Temiscouata Lake, which were referred directly
to those made at the river Du Loup, which was sufficiently near for the purpose.

The height of the stationary camp at Mount Biort having been determined by
observations continued for several days, the level of Lake Temiscouata was thence
determined by using a set of levels taken with a theodolite by Breithaupt, of Cassel,
in 1840. The height of the lake thus deduced is greater than it would appear to be
from the barometric observations taken in December, 1840. It had been imagined
that a difference in level might exist between the St. Lawrence at Metis and at the
river Du Loup. Four days of contemporaneous observations were therefore made at
each with a view to the solution of this question. The idea of a difference of level
was not sustained by the operation.

The heights of the river stations were measured in each case to the highest mark
left by spring tides, and half the fall of that tide as given by Captain Byfield has
been added in all cases as a reduction to the mean level of the sea. Opportunities
were offered in a few instances for testing the accuracy of the method by different
barometers used by different observers at different days on the same point. No dis-
crepancy greater than 7 feet has been thus discovered. In other cases the same
observer returned and observed at the same places, and here a similar congruity of
result has been found to exist.

The whole of the calculations have been made by the formulae and tables of
Bailey. Before adopting these their results were compared in one or two instances
with those of a more exact formula. The differences, however, were found so small
as to be of no importance, amounting in the height of Lake Johnson to no more than
5 feet in 1,007. The original record of the barometric observations, each verified by
the initials of the observer, have been deposited in the State Department.

25. The paths pursued by the traveling parties were marked by blazing trees. The
position of the barometer at each place of observation was also narked. The oper-
ation was a search for the boundary line in an unknown country, hence it rarely
happened that the path of the parties has pursued the exact dividing line of the
waters of the St. Lawrence and the Atlantic, but has been continually crossing it.
The maps herewith submitted and the marks by which the line of the survey ha?
been perpetuated would have enabled a party sent out for that especial purpose to
trace the boundary on the ground without difficulty other than that arisiug from
the inacessible character of the country.

2103 Messages and Papers of the Presidents

26. The commissioner can not speak in too high terms of the industry and perse-
verance manifested by the engineers and surveyors employed on this division, and
in particular of the skill and intelligence of the two first assistants. Circumstances
had prevented the receipt of portable astronomic instruments which had been ordered
from Paris and Munich, and an instrument formed by the adaptation of a vertical
circle to the lower part of an excellent German theodolite by Draper, of Philadel-
phia, was found on its being opened at Metis to have received an injury which
rendered its accuracy doubtful. The whole reliance for the greatest accuracy was
thus thrown on the repeating circle of Dollond. Such, however, was the address
and skill of the engineer to whom it was intrusted that he not only fulfilled the
object for which it was intended, of determining the position of the points visited
by the traveling parties, but accomplished the same object at the stationary camps
and at the river stations, without delaying for an hour the operations of the survey.

The duty which these gentlemen performed was arduous in the extreme. It has
been seen that on the expedition up the Metis a seasoned voyagetir had been worn
out by the severity of his labors; on the Tuladi half the men were sick at a time;
and of Mr. Lally's party two Penobscot Indians of herculean frame were compelled to
return by extreme fatigue. The engineers, while in the field, were even more exposed
to fatigue than the laborers, for they carried their own baggage and instruments,
and were engaged nightly in observation and calculation, while the workmen could
repose.

27. The commissioner to whom the survey of the northern division of the bound-
ary line was intrusted has to express his acknowledgments for the politeness and
good offices of the authorities of Her Britannic Majesty. In compliance with his
request, permission was granted by the late lamented Governor-General for the admis-
sion of a vessel and the entry of the stores, camp equipage, and instruments of the
party at one or more ports on the St. Lawrence. Letters were addressed by the prin-
cipal secretary of the colony of Canada to all the officers and magistrates, directing
them to give every facility to the operations, and these directions were obeyed, not
as mere matters of form, but with a truly hospitable spirit. To the officers of the
Sixty-eighth Regiment, forming the garrison of Fort Ingall and occupying the post
of the river Du Loup, as well as to the officers of the commissariat on duty at those
places, acknowledgments are due for numerous attentions.

II. — Operations of the year 1842.

1. Of the task originally assigned in the instructions for this division there re-
mained to be completed —

1 i ) A portion of the boundary claimed by the United States around the head
waters of the river Riinouski.

(2) The line of highlands forming the south bounds of the Province of Quebec,
extending from the north shore of the Bay of Chaleurs at its western extremity.

2. Experience had shown that the portion of the boundary which remained unsur-
veyed could not be reached with any hope of completing the survey by any of the
streams running into the St. Lawrence nor from the waters of Lake Temiscouata.
The Green River (of St. John) was therefore chosen as the line of operation. It
was known that a portage existed between its boatable waters and those of the
Grande Fourche of Restigouchc. The plan for the work of the season was there-
fore laid as follows:

To proceed up Green River with a party, thence to cross to the Bell Kedgwick by
the portage, and having, by expeditions from the banks of that stream, surveyed the
remainder of the claimed boundary, to fall down the stream to the Bay of Chaleurs,
and, ascending the highland measured in 1840, to proceed along the heights in order
to reach if possible the northwest angle of Nova Scotia.

John Tyler 2104

The work being the most remote and difficult of access of any on the whole bound-
ary, it was necessary to take measures early, and, it being apparent that if they were
not vigorously pressed the whole summer's work would be frustrated, permission
was granted by the Secretary of State to prepare stores and provisions, and the party
was sent forward toward its line of operations. Care was, however, taken, in con-
formity with his instructions, to secure means of communication.

3. The transportation of stores, equipage, and instruments was rendered unex-
pectedly easy by a steamboat running from Portland to St. John, and by the polite-
ness of the British consul at Portland and the collector of Her Britannic Majesty's
customs at St. John free entrance was permitted at the latter port. These articles
were shipped from Portland the igth of June and under the charge of the Hon.
Albert Smith reached the Grand Falls of St. John July .

4. Mr. Lally, first assistant engineer, with the surveyor, was dispatched by the way
of Bangor and Houlton to the same point of rendezvous on i8th June for the pur-
pose of procuring boats and engaging laborers. Mr. H. B. Renwick, first assistant,
with Mr. F. Smith, second assistant, were placed in charge of the chronometers anc
the necessary astronomic instruments, with instructions to observe on the meridian
of the St. Croix at Houlton, and again at its intersection with the river St. John,
for the purpose of ascertaining the rate taken by the chronometers when carried.
These preliminary operations being successfully performed, the party was com-
pletely organized at the Grand Falls of the St. John on the 2d July. The energy
and activity of the persons intrusted with these several duties was such that this
date of complete preparation for the field duties was at least a week earlier than
any calculation founded on the experience of former years rendered probable. The
commissioner, advised of the negotiation in progress, had made his arrangements to
reach the Grand Falls of the St. John on the loth July. Being directed by the State
Department to remain in New York, he sent orders by mail to the party to halt until
further instructions.

5. These orders were not received, for the party, being fully organized, left the
Grand Falls in three different detachments on the 4th, 6th, and 8th of July. The
first detachment was composed of the surveyor, Mr. Bell, and an engineer having
instructions to make a survey of Green River. The second was in charge of the
assistant commissary, and was composed of three bateaux and fourteen pirogues,
carrying stores and equipage for three months' service. The third was formed by
the two first assistants, who, after performing the necessary astronomic observations
at the Grand Falls and at two points on Green River, passed the sun-eying party
and reached the portage between Green and Kedgwick rivers on the evening of
the 1 3th July.

6. Green River has a fall and rapids near its junction with the St. John, which are
passed by a portage of \l/2 miles. At 15 miles from its mouth is a second fall, which
is passed by a portage of 82 yards. The stream for this distance and for 5 miles above
the second fall is very rapid, its bed being in some reaches almost filled with rocks.
For the next 10 miles it has deep still reaches, alternating with gravel beds, or else
the river flows over ledges of rock. It is then interrupted by a third fall, requiring
a portage of 176 yards. Thence to the second fork of the lakes it has the same char-
acter as for the last 10 miles, except that in some places it flows with a gentle current
between low banks covered with alder. From the second fork of the lakes to the
southern end of the Green River and Kedgwick portage the stream is very narrow
and may be styled one continuous rapid. It is upon the whole the most difficult of
navigation of all the streams running into the St. John from its northern side, and
approaches in its character of a torrent to the waters on the St. Lawrence side of the
highlands.

7. The portage from Green River to the South Branch of Kedgwick is 5,!4 miles in
length, and passes over the summits of two of the highest mountains in the ceded

2105 Messages and Papers of the Presidents

district, as well as several ridges. No vessel heavier than a birch canoe had ever before
been carried over it. It therefore b< came necessary to clear it out before the bateaux
and other heavy articles could be transported. Fifteen extra laborers, who had been
engaged, with their pirogues, to carry some of the stores from the St. John, were
retained to aid in making this portage, which swelled the number to twenty-seven.
This large force was industriously engaged for eight days in carrying the stores and
equipage over the portage, with the boats and canoes required for the future opera-
tions of the party. In the meantime the portage was surveyed, and a great number
of observations were made, by which the latitude of the southern end of the portage
and its difference in longitude from that of the meridian line were determined
•with great accuracy. In addition to the other labors of the party, a storehouse and
observatory were erected.

8. The commissioner, learning that the party had left the Grand Falls before his
letter could have reached that place, addressed fresh orders to the engineer in com-
mand. These were sent under cover to the British postmaster at Lake Temiscouata,
who was requested to send them up Green River by an express. By these he was
directed to stop the progress of the party and to proceed himself to the river Du
Loup, there to await fresh instructions.

These orders did not arrive in time to prevent the party intended for the survey
of the boundary from setting out. The engineer who "had hitherto been in com-
mand returned to the St. John in pursuance of his original instructions and met
the express on his way down Green River. The commissioner, being advised on the
I3th July that the treaty had been signed, immediately dispatched a special messen-
ger, who joined the chief of the division at the mouth of Green River on the 24th
July. Measures were now taken for the recall and return of the party in the woods,
and the whole division was assembled at the stationary camp at the north end of the
portage on the nth of August.

9. The party engaged in the survey of the remaining part of the boundary line
had before the orders of recall reached them successfully accomplished that duty,
having connected their survey with points in the survey of the previous year and
thoroughly explored the culminating points of the valley of Rimouski. As had been
anticipated from the level of the streams seen in 1841, this portion of the boundary
claimed by the United States is more elevated than any other portion of that line
between the Temiscouata portage and the northwest angle of Nova Scotia. This
survey would therefore have added an important link to the argument of the United
States had not the question been settled by treaty.

The party having received itt orders of recall, all the articles of equipment which
could not be carried in the boat; which had been launched on the waters of the Res-
tigouche were transported to the other end of the portage and embarked in pirogues
sent up Green River for that purpose under the direction of the assistant commissary.
The engineers then set out on their return by the Bell Kedgwick, the Grande Fourche,
and the Southwest Branch of Restigouche. Ascending the latter stream, this party
reached the Wagansis portage on the 2ist August, and arrived at the Grand Falls on
the 25th August.

The descent of the Bell Kedgwick was attended wi'.h greit difficulties in conse-
quence of the low state of the waters. Until its junction with Katawamkedgwick, to
/orm the Grande Fourche of Restigouche, it was necessary to drag the boats by hand.

10. The detailed map of the surveys of this division, exhibiting the more impor-
tant points whose altitudes were determined by the barometer, has already been
lodged in the Department of State under date of 27th December.

Although the interest of this survey to the United States has now passed away,
yet, as it is probable that many years may elapse before this country shall be again
explored, and as it may still possess some interest to the nation into whose undis-
puted possession it has now fallen, it may not be improper to state the methods

GENERAL SCOTT— (iKNKRAL SCOTT HXTKKiM, MK\K<> d'H

GEXERAL SCOTT EXTERIXG MEXICO CITY.

Genera! Winfield Scott's military services to the I'nited States were
unique, in that he saw action in three wars — the War of 181-', the Mexican
\Vur, and the Civil War. In the Mexican War, he was given charge of
the forces which started at Vera Cruz to fight their way to Mexico City.
The way to the capital of Mexico was opened by the victories of Molino
del Rey, on September 8, 1847, and Chapultepec on September 13 ; and on
September 14, 1847, General Scott entered Mexico City unopposed. With
the capital of Mexico in the hands of the United States forces, all Mexi-
can resistance ceased. (See Mexican War in Encyclopedic Index.)

John Tylet 2106

employed in the survey, for the purpose of showing to what degree of faith it is
entitled.

The latitude and longitude of the mouth of Green River were furnished by Major
Graham. The three portages on that river were surveyed by chain and compass.
The courses on the navigable parts of the river were taken with a compass and the
distances measured by a micrometrical telescope by Ertil, of Munich. This instru
ment, which had given satisfactory results on Metis and Mistigougeche in 1841, was
still more accurate in the present survey. The latitude of the south end of the
Kedgwick portage as given by the plot of Green River on the original projection
differed no more than 5/x from that given by numerous astronomic observations, an
agreement so close that it might be almost considered as arising from happy acci-
dent. This survey therefore required but little correction, which was applied from
the observations already cited and from those at two intermediate points.

The survey of Kedgwick portage was performed with chain and compass. In the
woods between the Bell Kedgwick and the boundary and along the whole line of
survey the same method was used, observations for time and latitude being also
taken whenever the weather permitted. As the lines intersected those of the last
year, it can now be stated that every part of the boundary claimed by the United
States, from the height of land on the Temiscouata portage which divides the waters
of the Green River of the St. Lawrence from those of the St. Francis to the northwest
angle of Nova Scotia, as well as its connections with the St. Lawrence and Lake Tem-
iscouata by the Temiscouata portage, and with the St. Lawrence a second time by the
Metis and Mistigougeche, and with the St. John by Green River, has been actually
surveyed. This result is one that neither the Department in its original instruc-
tions nor the commissioner on his first view of the country had contemplated. In
stating this the commissioner feels it his duty to acknowledge his obligations to the
untiring zeal and energy of the gentlemen who have acted under his orders, and
especially to his two first assistants, who, entering upon duties of an entirely novel
character, not only to themselves, but to the country, have in the course of the
operations of two years accumulated under the most disadvantageous circumstances
a stock of observations which for number and accuracy may compare with those
taken with every convenience at hand by the most practiced astronomers.

In addition to the latitude of numerous points determined astronomically by the
party engaged in surveying the line through the woods, the latitude of a point near
the southern end of Green River and Kedgwick has been determined by eighty -six
altitudes of sun and stars taken with a repeating and reflecting circle.

The whole number of altitudes of sun and stars taken during the expedition for
time and latitude was 806.

III.

I. The operations of this division during the three seasons which it has been
engaged in field duties have given a view of nearly every part of the country which
has now been ceded to Great Britain to the north of the St. John River and the
Temiscouata portage. During the year 1840 the commissioner proceeded in person
by the wagansis of Grand River to the waters of the Bay of Chaleurs, ascended
the Grande Fourche of the Restigouche to Lake Kedgwick, and then traversed the
country from that lake to the Tuladi by a route never before explored. In 1841 the
Rimouski and Metis were both ascended — the first to the limits of its navigation by
canoes, the latter to the lake in which the waters of its western branch are first col-
lected. From this lake lines of survey repeatedly crossing the boundary claimed by
the United States were extended to a great distance in both directions. The opera-
tions of the year were closed by a survey of so much of the boundary as incloses the
basin of Lake Temiscouata and intersects so frequently the great portage. These
latter surveys covered in some degree the explorations of one of the parties in 1840,

2IO7 Messages and Papers of the Presidents

which, therefore, are not quoted as a part of the work of that year. In 1842 the val-
ley of Green River was explored, that stream was carefully surveyed, and the remain-
der of the boundary line dividing the sources of Rimouski from those of Green
River and the eastern branches of Tuladi run out with chain and compass.

In these surveys and explorations the character of the country, its soil, climate,
and natural productions, have been thoroughly examined, and may be stated with
full confidence in the accuracy of the facts.

2. Beginning on the southern side of the ceded territory, the left bank of the St.
John is for a few miles above the Grand Falls uncultivated and apparently barren.
Thence to the confluence of the Madawaska it presents a continued settlement upon
land of good quality, producing large crops of potatoes and grass. It also yields
wheat, oats, and barley, but the crops are neither abundant nor certain. The Mada-
waska River presents but few attempts at settlement on either of its banks. Its left
bank is represented to be generally barren, but some good land is said to exist on its
southwestern side. The shores of Lake Temiscouata are either rocky or composed
of a light, gravelly soil, which is so poor that it will not repay the labor of cultiva-
tion, even when newly cleared, without the aid of manure. Some tolerable meadows
are found, which are at the moment highly valued in consequence of a demand for
forage by the British troops. The valley of Green River has in some places upon
its banks intervals of level alluvium which might be improved as meadows, and it
has been represented as being in general fertile. A close examination has not con-
firmed this impression.

Mr. Lally reports that—

"In the valley of Green River there are some tracts of land capable of cultivation,
but the greater portion of it is a hard, rocky soil, covered with a growth of poplar
and trees of that description. Some of the most desirable spots for farms had been
formerly taken up by settlers from the Madawaska settlement, but although the land
is as good as that on the river St. John, they were obliged to abandon their clearings
on account of the early frosts and the black flies. It can hardly be conceived that
the latter would be a sufficient cause for leaving valuable land to waste, but such
is the fact, as I have been informed by some of those who made the attempt to settle,
and I can well believe it from my own experience there. ' '

3. The explorations of 1840, in which the ground lying between the western souices
of Green River and Squattuck, a branch of Tuladi, was traversed, showed a consid-
erable extent of better land than any other in the ceded territory. The commis-
sioner traveled for a part of two days along a table-land of no great elevation, covered
with rock, maple, and a thick undergrowth of moosewood, both said to be signs of
good soil; of this there may be from seven to ten thousand acres, and it is a far
larger body of tillable land than is to be found in any other part of the country
north of the settlements on the St. John.

4. By far the greater portion of the territory in question is composed of the high-
lands in which the streams that flow to the St. Lawrence and the Atlantic take their
rise. With but three exceptions no part of this is less than 1,000 feet above the level
of the sea. It is a perfect labyrinth of small lakes, cedar and alder swamps, and
ridges covered with a thick but small growth of fir and spruce, or, more rarely, of
birch. No portion of it appears to be fit for tillage.

5. In respect to timber, it was found that the pine, the only tree considered of any
value, ceased to grow in rising from the St. Lawrence at less than 1,000 feet above
the level of the sea. Only one extensive tract of pine was seen by any of the parties;
this lies around the sources of the St. Francis, and may cover three or four thousand
acres. This river, however, discharges itself from Lake St. Francis through a bed of
bowlders, and is sometimes wholly lost to the view. This tract, therefore, although
repeatedly examined by the proprietors of sawmills on the St. Lawrence and the
St. John, has been hitherto found inaccessible. The pine timber on the seigniory of

John Tyler 2108

Temiscouata has been in a great degree cut off or burnt by fires in the woods. There
is still some timber on the waters of Squattuck, but it has been diminished by two
or three years of active lumbering, while that around Tuladi, if it were ever abun-
dant, has disappeared. It would, however, appear from report that on the waters of
the North Branch of Restigouche to the eastward of the exploring meridian there is
some valuable timber. This is the only portion of the district which has not been
explored.

6. As to the valley of Green River, the engineer who has already been quoted
reports as follows:

"This river has had the reputation of having on it large quantities of pine timber,
but as far as I have been able to judge it is small and rather sparsely scattered along
the slopes of the ridges. Above the third falls of the river, which are rather more
than 30 miles from its mouth, there is scarcely any to be seen. Some of the Mada-
waska settlers, who have explored nearly every tributary of the river, report that
there is good timber on some of them. Judging from the language that they used
in relation to some that I saw myself, I infer that what they call good would not be
so considered by the lumbermen of the Penobscot. The people who lumber in this
vicinity do it on a small scale when compared with the operators in Maine. They
rarely use more than two horses to draw their lumber to the stream, so that a tract
which would not afford more than a month's work to an extensive operator would
keep one of these people employed for years. ' '

7. As respects climate, the country would be considered unfit for habitation by
those accustomed to the climates even of the southern parts of Maine and of New
Hampshire. Frosts continue on the St. John until late in May, and set in early in
September. In 1840 ice was found on the Grand River on the I2th of that month,
and snow fell in the first week of October on Lake Temiscouata. In the highland
region during the last week of July, although the thermometer rose above 80°, and
was once above 90°, white frost was formed every clear night. Upon the whole,
therefore, it may be concluded that there is little in this country calculated to attract
either settlers or speculators in lumber. The former were driven to it under circum-
stances of peculiar hardship and of almost paramount necessity. Their industry and
perseverance under adverse circumstances is remarkable, but they would have been
hardly able to overcome them had not the very question of the disputed boundary
led to an expenditure of considerable money among them.

VETO MESSAGE.*

WASHINGTON, December /./, 184.2.
To the House of Representatives:

Two bills were presented to me at the last session of Congress, which
originated in the House of Representatives, neither of which was signed
by me; and both having been presented within ten days of the close of
the session, neither has become a law.

The first of these was a bill entitled "An act to repeal the proviso of
the sixth section of the act entitled 'An act to appropriate the proceeds
of the sales of the public lauds and to grant preemption rights, ' approved
September 4, 1841."

* Pocket veto.

2ioo. Messages and Papers of the Presidents

This bill was presented to me on Tuesday, the 3oth August, at twenty-
four minutes after 4 o'clock in the afternoon. For my opinions relative to
the provisions contained in this bill it is only necessary that I should refer
to previous communications made by me to the House of Representatives.

The other bill was entitled ' 'An act regulating the taking of testimony
in cases of contested elections, and for other purposes. ' ' This bill was
presented to me at a quarter past i o'clock on Wednesday, the 3ist day
of August. The two Houses, by concurrent vote, had already agreed to
terminate the session by adjournment at 2 o'clock on that day — that is
to say, within three-quarters of an hour from the time the bill was placed
in my hands. It was a bill containing twenty -seven sections, and, I need
not say, of an important nature.

On its presentment to me its reading was immediately commenced, but
was interrupted by so many communications from the Senate and so
many other causes operating at the last hour of the session that it was
impossible to read the bill understaudingly and with proper deliberation
before the hour fixed for the adjournment of the two Houses; and this,
I presume, is a sufficient reason for neither signing the bill nor returning
it with my objections.

The seventeenth joint rule of the two Houses of Congress declares that
' ' no bill or resolution that shall have passed the House of Representatives
and the Senate shall be presented to the President of the United States
for his approbation on the last day of the session."

This rule was evidently designed to give to the President a reasonable
opportunity of perusing important acts of Congress and giving them
some degree of consideration before signing or returning the same.

It is true that the two Houses have been in the habit of suspending
this rule toward the close of the session in relation to particular bills, and
it appears by the printed Journal that by concurrent votes of the two
Houses passed on the last day of the session the rule was agreed to be
suspended so far as the same should relate to all such bills as should
have been passed by the two Houses at i o'clock on that day. It is
exceedingly to be regretted that a necessity should ever exist for such
suspension in the case of bills of great importance, and therefore demand-
ing careful consideration.

As the bill has failed under the provisions of the Constitution to
become a law, I abstain from expressing any opinions upon its several
provisions, keeping myself wholly uncommitted as to my ultimate action
on any similar measure should the House think proper to originate it
de novo, except so far as my opinion of the unqualified power of each
House to decide for itself upon the elections, returns, and qualifications
of its own members has been expressed by me in a paper lodged in the
Department of State at the time of signing an act entitled "An act for
the apportionment of Representatives among the several States accord-
ing to the Sixth Census," approved June 22, 1842, a copy of which is in
possession of the House. TORN TYI ER

John Tyler 2110

THIRD ANNUAL MESSAGE.

WASHINGTON, December, 1843.
To the Senate and House of Representatives of the United States:

If any people ever had cause to render up thanks to the Supreme Being
for parental care and protection extended to them in all the trials and diffi-
culties to which they have been from time to time exposed, we certainly
are that people. From the first settlement of our forefathers on this con-
tinent, through the dangers attendant upon the occupation of a savage
wilderness, through a long period of colonial dependence, through the War
of the Revolution, in the wisdom which led to the adoption of the existing
Conns of republican government, in the hazards incident to a war subse-
quently waged with one of the most powerful nations of the earth, in the
increase of our population, in the spread of the arts and sciences, and in
the strength and durability conferred on political institutions emanating
from the people and sustained by their will, the superintendence of an
overruling Providence has been plainly visible. As preparatory, there-
fore, to entering once more upon the high duties of legislation, it becomes
us humbly to acknowledge our dependence upon Him as our guide and
protector and to implore a continuance of His parental watchfulness over
our beloved country. We have new cause for the expression of our grati-
tude in the preservation of the health of our fellow-citizens, with some
partial and local exceptions, during the past season, for the abundance
with which the earth has yielded up its fruits to the labors of the hus-
bandman, for the renewed activity which has been imparted to com-
merce, for the revival of trade in all its departments, for the increased
rewards attendant on the exercise of the mechanic arts, for the continued
growth of our population and the rapidly reviving prosperity of the
whole country. I shall be permitted to exchange congratulations with
you, gentlemen of the two Houses of Congress, on these auspicious cir-
cumstances, and to assure you in advance of my ready disposition to con-
cur with you in the adoption of all such measures as shall be calculated
to increase the happiness of our constituents and to advance the glory
of our common country.

Since the last adjournment of Congress the Executive has relaxed no
effort to render indestructible the relations of amity which so happily
exist between the United States and other countries. The treaty lately
concluded with Great Britain has tended greatly to increase the good
understanding which a reciprocity of interests is calculated to encourage,
and it is most ardently to be hoped that nothing may transpire to inter-
rupt the relations of arnity which it is so obviously the policy of both
nations lo cultivate. A question of much importance still remains to be
adjusted between them. The territorial limits of the two countries in

2i 1 1 Messages and Papers of the Presidents

relation to what is commonly known as the Oregon Territory still remain
in dispute. The United States would be at all times indisposed to aggran-
dize itself at the expense of any other nation ; but while they would
be restrained by principles of honor, which should govern the conduct
of nations as well as that of individuals, from setting up a demand for
territory which does not belong to them, they would as unwillingly con-
sent to a surrender of their rights. After the most rigid and, as far as
practicable, unbiased examination of the subject, the United States have
always contended that their rights appertain to the entire region of coun-
try lying on the Pacific and embraced within 42° and 54° 40' of north
latitude. This claim being controverted by Great Britain, those who
have preceded the present Executive — actuated, no doubt, by an earnest
desire to adjust the matter upon terms mutually satisfactory to both
countries — have caused to be submitted to the British Government propo-
sitions for settlement and final adjustment, which, however, have not
proved heretofore acceptable to it. Our minister at London has, under
instructions, again brought the subject to the consideration of that Gov-
ernment, and while nothing will be done to compromit the rights or honor
of the United States, every proper expedient will be resorted to in order
to bring the negotiation now in the progress of resumption to a speedy
and happy termination. In the meantime it is proper to remark that
many of our citizens are either already established in the Territory or are
on their way thither for the purpose of forming permanent settlements,
while others are preparing to follow ; and in view of these facts I must
repeat the recommendation contained in previous messages for the estab-
lishment of military posts at such places on the line of travel as will
furnish security and protection to our hardy adventurers against hostile
tribes of Indians inhabiting those extensive regions. Our laws should
also follow them, so modified as the circumstances of the case may seem
to require. Under the influence of our free system of government new
republics are destined to spring up at no distant day on the shores of
the Pacific similar in policy and in feeling to those existing on this side
of the Rocky Mountains, and giving a wider and more extensive spread
to the principles of civil and religious liberty.

I am happy to inform you that the cases which have from time to time
arisen of the detention of American vessels by British cruisers on the
coast of Africa under pretense of being engaged in the slave trade have
been placed in a fair train of adjustment. In the case of the William
and Francis full satisfaction will be allowed. In the cases of the Tygris
and Seamew the British Government admits that satisfaction is due. In
the case of the /ones the sum accruing from the sale of that vessel and
cargo will be paid to the owners, while I can not but flatter myself that
full indemnification will be allowed for all damages sustained by the
detention of the vessel; and in the case of the Douglas Her Majesty's
Government has expressed its determination to make indemnification.

John Tylei 2112

Strong hopes are therefore entertained that most, if not all, of these cases
will be speedily adjusted. No new cases have arisen since the ratifica-
tion of the treaty of Washington, and it is confidently anticipated that
the slave trade, under the operation of the eighth article of that treaty,
will be altogether suppressed.

The occasional interruption experienced by our fellow-citizens engaged
in the fisheries on the neighboring coast of Nova Scotia has not failed
to claim the attention of the Executive. Representations upon this sub-
ject have been made, but as yet no definitive answer to those representa-
tions has been received from the British Government.

Two other subjects of comparatively minor importance, but neverthe-
less of too much consequence to be neglected, remain still to be adjusted
between the two countries. By the treaty between the United States
and Great Britain of July, 1815, it is provided that nc higher duties shall
be levied in either country on articles imported from the other than on
the same articles imported from any other place. In 1836 rough rice
by act of Parliament was admitted from the coast of Africa into Great
Britain on the payment of a duty of i penny a quarter, while the same
article from all other countries, including the United States, was sub-
jected to the payment of a duty of 20 shillings a quarter. Our minister
at lyondon has from time to time brought this subject to the attention of
the British Government, but so far without success. He is instructed to
renew his representations upon it.

Some years since a claim was preferred against the British Govern-
ment on the part of Certain American merchants for the return of export
duties paid by them on shipments of woolen goods to the United States
after the duty on similar articles exported to other countries had been
repealed, and consequently in contravention of the commercial conven-
tion between the two nations < ecuring to us equality in such cases. The
principle on which the claim rests has long since been virtually admitted
by Great Britain, but obstacles to a settlement have from time to time
been interposed, so that a large portion of the amount claimed has not yet
been refunded. Our minister is now engaged in the prosecution of the
claim, and I can not but persuade myself that the British Government
will no longer delay its adjustment.

I am happy to be able to say that nothing has occurred to disturb in
any degree the relations of amity which exist between the United States
and France, Austria, and Russia, as well as with the other powers of
Europe, since the adjournment of Congress. Spain has been agitated
with internal convulsions for many years, from the effects of which, it is
hoped, she is destined speedily to recover, when, under a more liberal
system of commercial policy on her part, our trade with her may again
fill its old and, so far as her continental possessions are concerned, its
almost forsaken channels, thereby adding to the mutual prosperity of
the two countries.

2 1 13 Messages and Papers of the Presidents

The Germanic Association of Customs and Commerce, which since its
establishment in 1833 has been steadily growing in power and impor-
tance, and consists at this time of more than twenty German States, and
embraces a population of 27,000,000 people united for all the purposes
of commercial intercourse with each other and with foreign states, offers
to the latter the most valuable exchanges on principles more liberal than
are offered in the fiscal system of any other European power. From its
origin the importance of the German union has never been lost sight of
by the United States. The industry, morality, and other valuable quali-
ties of the German nation have always been well known and appreciated.
On this subject I invite the attention of Congress to the report of the
Secretary of State, from which it will be seen that while our cotton is
admitted free of duty and the duty on rice has been much reduced (which
has already led to a greatly increased consumption), a strong disposition
has been recently evinced by that great body to reduce, upon certain
conditions, their present duty upon tobacco. This being the first inti-
mation of a concession on this interesting subject ever made by any
European power, I can not but regard it as well calculated to remove the
only impediment which has so far existed to the most liberal commercial
intercourse between us and them. In this view our minister at Berlin,
who has heretofore industriously pursued the subject, has been instructed
to enter upon the negotiation of a commercial treaty, which, while it will
open new advantages to the agricultural interests of the United States
and a more free and expanded field for commercial operations, will affect
injuriously no existing interest of the Union. Shoul \ the negotiation be
crowned with success, its results will be communicated to both Houses
of Congress.

I communicate herewith certain dispatches received from our min-
ister at Mexico, and also a correspondem e which has recently occurred
between the envoy from that Republic and the Secretary of State. It
must but be regarded as not a little extraordinary that the Government of
Mexico, in anticipation of a public discussion (which it has been pleased
to infer from newspaper publications as likely to take place in Congress,
relating to the annexation of Texas to the United States), should have
so far anticipated the result of such discussion as to have announced its
determination to visit any such anticipated decision by a formal declara-
tion of war against the United States. If designed to prevent Congress
from introducing that question as a fit subject for its calm deliberation
and final judgment, the Executive has no reason to doubt that it will
entirely fail of its object. The representatives of a brave and patriotic
people will suffer no apprehension of future consequences to embarrass
them in the course of their proposed deliberations, nor will the execu-
tive department of the Government fail for any such cause to discharge
its whole duty to the country.

The war which has existed for so long a time between Mexico and

John Tyler 2114

Texas has since the battle of San Jacinto consisted for the most part of
predatory incursions, which, while they have been attended with much
of suffering to individuals and have kept the borders of the two coun-
tries in a state of constant alarm, have failed to approach to any defini-
tive result. Mexico has fitted out no formidable armament by land or
by sea for the subjugation of Texas. Eight years have now elapsed
since Texas declared her independence of Mexico, and during that time
she has been recognized as a sovereign power by several of the principal
civilized states. Mexico, nevertheless, perseveres in her plans of recon-
quest, and refuses to recognize her independence. The predatory incur-
sions to which I have alluded have been attended in one instance with
the breaking up of the courts of justice, by the seizing upon the persons
of the judges, jury, and officers of the court and dragging them along
with unarmed, and therefore noncombatant, citizens into a cruel and
oppressive bondage, thus leaving crime to go unpunished and immorality
to pass unreproved. A border warfare is evermore to be deprecated, and
over such a war as has existed for so many years between these two
States humanity has had great cause to lament. Nor is such a condi-
tion of things to be deplored only because of the individual suffering
attendant upon it. The effects are far more extensive. The Creator of
the Universe has given man the earth for his resting place and its fruits
for his subsistence. Whatever, therefore, shall make the first or any
part of it a scene of desolation affects injuriously his heritage and may
be regarded as a general calamity. Wars may sometimes be necessary,
but all nations have a common interest in bringing them speedily to a
close. The United States have an immediate interest in seeing an end
put to the state of hostilities existing between Mexico and Texas. They
are our neighbors, of the same continent, with whom we are not only
desirous of cultivating the relations of amity, but of the most extended
commercial intercourse, and to practice all the rites of a neighborhood
hospitality. Our own interests are involved in the matter, since, how-
ever neutral may be our course of policy, we can not hope to escape the
effects of a spirit of jealousy on the part of both of the powers. Nor
can this Government be indifferent to the fact that a warfare such as
is waged between those two nations is calculated to weaken both pow-
ers and finally to render them — and especially the weaker of the two —
the subjects of interference on the part of stronger and more powerful
nations, who, intent only on advancing their own peculiar views, may
sooner or later attempt to bring about a compliance with terms as the
condition of their interposition alike derogatory to the nation granting
them and detrimental to the interests of the United States. We could
not be expected quietly to permit any such interference to our disad-
vantage. Considering that Texas is separated from the United States
by a mere geographical line; that her territory, in the opinion of many,
down to a late period formed a portion of the territory of the United

2 1 15 Messages and Papers of the Presidents

States ; that it is homogeneous in its population and pursuits with the
adjoining States, makes contributions to the commerce of the world
in the same articles with them, and that most of her inhabitants have
been citizens of the United States, speak the same language, and live
under similar political institutions with ourselves, this Government is
bound by every consideration of interest as well as of sympathy to see
that she shall be left free to act, especially in regard to her domestic
affairs, unawed by force and unrestrained by the policy or views of other
countries. In full view of all these considerations, the Executive has
not hesitated to express to the Government of Mexico how deeply it
deprecated a continuance of the war and how anxiously it desired to
witness its termination. I can not but think that it becomes the United
States, as the oldest of the American Republics, to hold a language to
Mexico upon this subject of an unambiguous character. It is time that
this war had ceased. There must be a limit to all wars, and if the parent
state after an eight years' struggle has failed to reduce to submission a
portion of its subjects standing out in revolt against it, and who have not
only proclaimed themselves to be independent, but have been recognized
as such by other powers, she ought not to expect that other nations will
quietly look on, to their obvious injury, upon a protraction of hostilities.
These United States threw off their colonial dependence and established
independent governments, and Great Britain, after having wasted her
energies in the attempt to subdue them for a less period than Mexico has
attempted to subjugate Texas, had the wisdom and justice to acknowl-
edge their independence, thereby recognizing the obligation which rested
on her as one of the family of nations. An example thus set by one of
the proudest as well as most powerful nations of the earth it could in no
way disparage Mexico to imitate. While, therefore, the Executive would
deplore any collision with Mexico or any disturbance of the friendly
relations which exist between the two countries, it can not permit that
Government to control its policy, whatever it may be, toward Texas, but
will treat her — as by the recognition of her independence the United
States have long since declared they would do — as entirely independent
of Mexico. The high obligations of public duty may enforce from the
constituted authorities of the United States a policy which the course
persevered in by Mexico will have mainly contributed to produce, and
the Executive in such a contingency will with confidence throw itself
vipon the patriotism of the people to sustain the Government in its course
<of action.

Measures of an unusual character have recently been adopted by the
Mexican Government, calculated in no small degree to affect the trade
of other nations with Mexico and to operate injuriously to the United
States. All foreigners, by a decree of the 23d day of September, and
after six months from the day of its promulgation, are forbidden to carry
on the business of selling by retail any goods within the confines of
Mexico. Against this decree our minister has not failed to remonstrate.

The trade heretofore carried on by our citizens with Santa Fe, in which

John Tyler 2116

much capital was already invested and which was becoming of daily
increasing importance, has suddenly been arrested by a decree of virtual
prohibition on the part of the Mexican Government. Whatever may be
the right of Mexico to prohibit any particular course of trade to the
citizens or subjects of foreign powers, this late procedure, to say the
least of it, wears a harsh and unfriendly aspect.

The installments on the claims recently settled by the convention with
Mexico have been punctually paid as they have fallen due, and our
minister is engaged in urging the establishment of a new commission
in pursuance of the convention for the settlement of unadjusted claims.

With the other American States our relations of amity and good will
have remained uninterrupted. Our minister near the Republic of New
Granada has succeeded in effecting an adjustment of the claim upon
that Govenrment for the schooner By Chance, which had been pending
for many years. The claim for the brig Morris, which had its origin
during the existence of the Republic of Colombia, and indemnification
for which since the dissolution of that Republic has devolved upon its
several members, will be urged with renewed zeal.

I have much pleasure in saying that the Government of Brazil has
adjusted the claim upon that Government in the case of the schooner
John S. Bryan, and that sanguine hopes are entertained that the same
spirit of justice will influence its councils in arriving at an early deci-
sion upon the remaining claims, thereby removing all cause of dissen-
sion between two powers whose interests are to some extent interwoven
with each other.

Our minister at Chili has succeeded in inducing a recognition by that
Government of the adjustment effected by his predecessor of the first
claim in the case of the Macedonian. The first installment has been
received by the claimants in the United States.

Notice of the exchange of ratifications of the treaty with Peru, which
will take place at Lima, has not yet reached this country, but is shortly
expected to be received, when the claims upon that Republic will doubt-
less be liquidated and paid.

In consequence of a misunderstanding between this Government and
that of Buenos Ayres, occurring several years ago, this Government
has remained unrepresented at that Court, while a minister from it has
been constantly resident here. The causes of irritation have in a great
measure passed away, and it is in contemplation, in view of important
interests which have grown up in that country, at some early period
during the present session of Congress, with the concurrence of the
Senate, to restore diplomatic relations between the two countries.

Under the provisions of an act of Congress of the last session a minis-
ter was dispatched from the United States to China in August of the
present year, who, from the latest accounts we have from him, was at
Suez, in Egypt, on the 25th of September last, on his route to China.

2 1 17 Messages and Papers of the Presidents

In regard to the Indian tribes residing within our jurisdictional limits,
the greatest vigilance of the Government has been exerted to preserve
them at peace among themselves and to inspire them with feelings of
confidence in the justice of this Government and to cultivate friendship
with the border inhabitants. This has happily succeeded to a great
extent, but it is a subject of regret that they suffer themselves in some
instances to be imposed upon by artful and designing men. and this
notwithstanding all efforts of the Government to prevent it.

The receipts into the Treasury for the calendar year 1843, exclusive of
loans, were little more than $18,000,000, and the expenditures, exclusive
of the payments on the public debt, will have been about $23,000,000.
By the act of 1842 a new arrangement of the fiscal year was made, so that
it should commence on the ist day of July in each year. The accounts
and estimates for the current fiscal year will show that the loans and Treas-
ury notes made and issued before the close of the last Congress to meet
the anticipated deficiency have not been entirely adequate. Although
on the ist of October last there was a balance in the Treasury, in conse-
quence of the provisions thus made, of $3,914,082.77, yet the appropria-
tions already made by Congress will absorb that balance and leave a prob-
able deficiency of $2 .000,000 at the close of the present fiscal year. There
are outstanding Treasury notes to about the amount of $4,600,000, and
should they be returned upon the Treasury during the fiscal year they
will require provision for their redemption. I do not, however, regard
this as probable, since they have obviously entered into the currency of
the country and will continue to form a portion of it if the system now
adopted be continued. The loan of 1841, amounting to $5,672,976.88,
falls due on the ist da)' of January, 1845, and must be provided for or
postponed by a new loan; and unless the resources of revenue should be
materially increased by you there will be a probable deficiency for the
service of the fiscal year ending June 30, 1845, of upward of $4,000,000.

The delusion incident to an enormously excessive paper circulation,
which gave a fictitious value to everything and stimulated adventure and
speculation to an extravagant extent, has been happily succeeded by the
substitution of the precious metals and paper promptly redeemable in
specie; and thus false values have disappeared and a sounder condition
of things has been introduced. This transition, although intimately con-
nected with the prosperity of the country, has nevertheless been attended
with much embarrassment to the Government in its financial concerns.
Sc long as the foreign importers could receive payment for their cargoes
in a currency of greatly less value than that in Europe, but fully avail-
able here in the purchase of our agricultural productions (their profits
being immeasurably augmented by the operation), the shipments were
large and the revenues of the Government became superabundant. But
the change in the character of the circulation from a nominal and
apparently real value in the first stage of its existence to an obviously

John Tyler 2118

depreciated value in its second, so that it no longer answered the purposes
of exchange or barter, and its ultimate substitution by a sound metallic
and paper circulation combined, has been attended by diminished impor-
tations and a consequent falling off in the revenue. This has induced
Congress, from 1837, to resort to the expedient of issuing Treasury notes,
and finally of funding them, in order to supply deficiencies. I can not,
however, withhold the remark that it is in no way compatible with the
dignity of the Government that a public debt should be created in time
of peace to meet the current expenses of the Government, or that tempo-
rary expedients should be resorted to an hour longer than it is possible
to avoid them. The Executive can do no more than apply the means
which Congress places in its hands for the support of Government, and,
happily for the good of the country and for the preservation of its liber-
ties, it possesses no power to levy exactions on the people or to force from
them contributions to the public revenue in any form. It can only rec-
ommend such measures as may in its opinion be called for by the wants
of the public service to Congress, with whom alone rests the power to
"lay and collect taxes, duties, imposts, and excises." This duty has
upon several occasions heretofore been performed. The present condi-
tion of things gives nattering promise that trade and commerce are
rapidly reviving, and, fortunately for the country, the sources of revenue
have only to be opened in order to prove abundant.

While we can anticipate no considerable increase in the proceeds of the
sales of the public lands, for reasons perfectly obvious to all, for several
years to come, yet the public lands can not otherwise than be regarded
as the foundation of the public credit. With so large a body of the most
fertile lands in the world under the control and at the disposal of this
Government, no one can reasonably doubt the entire ability to meet its
engagements under every emergency. In seasons of trial and difficulty
similar to those through which we are passing the capitalist makes his
investments in the Government stocks with the most assured confidence
of ultimate reimbursement; and whatever may be said of a period of great
financial prosperity, such as existed for some years after 1833, I should
regard it as suicidal in a season of financial embarrassment either to
alienate the lands themselves or the proceeds arising from their sales.
The first and paramount duty of those to whom may be intrusted the ad-
ministration of public affairs is to guard the public credit. In reestablish-
ing the credit of this central Government the readiest and most obvious
mode is taken to restore the credit of the States. The extremities can
only be made sound by producing a healthy action in the central Govern-
ment, and the history of the present day fully establishes the fact that
an increase in the value of the stocks of this Government will in a great
majority of instances be attended by an increase in the value of the
stocks of the States. It should therefore be a matter of general con-
gratulation that amidst all the embarrassments arising from surrounding

2 1 ip Messages and Papers of the Presidents

circumstances the credit of the Government should have been so fully
restored that it has been enabled to effect a loan of $7,0x30,000 to redeem
that amount of Treasury notes on terms more favorable than any that
have been offered for many years. And the 6 per cent stock which was
created in 1842 has advanced in the hands of the holders nearly 20 per
cent above its par value. The confidence of the people in the integrity
of their Government has thus been signally manifested. These opin-
ions relative to the public lands do not in any manner conflict with the
observance of the most liberal policy toward those of our fellow-citizens
who press forward into the wilderness and are the pioneers in the work
of its reclamation. In securing to all such their rights of preemption
the Government performs but an act of retributive justice for sufferings
encountered and hardships endured, and finds ample remuneration in the
comforts which its policy insures and the happiness which it imparts.

Should a revision of the tariff with a view to revenue become neces-
sary in the estimation of Congress, I doubt not you will approach the
subject with a just and enlightened regard to the interests of the whole
Union. The principles and views which I have heretofore had occa-
sion to submit remain unchanged. It can, however, never be too often
repeated that the prominent interest of every important pursuit of life
requires for success permanency and stability in legislation. These can
only be attained by adopting as the basis of action moderation in all
things, which is as indispensably necessary to secure the harmonious
action of the political as of the animal system. In our political organi-
zation no one section of the country should desire to have its supposed
interests advanced at the sacrifice of all others, but union, being the
great interest, equally precious to all, should be fostered and sustained
by mutual concessions and the cultivation of that spirit of compromise
from which the Constitution itself proceeded.

You will be informed by the report from the Treasury Department of
the measures taken under the act of the last session authorizing the
reissue of Treasury notes in lieu of those then outstanding. The system
adopted in pursuance of existing laws seems well calculated to save the
country a large amount of interest, while it affords conveniences and
obviates dangers and expense in the transmission of funds to disbursing
agents. I refer you also to that report for the means proposed by the
Secretary to increase the revenue, and particularly to that portion of it
which relates to the subject of the warehousing system, which I earnestly
urged upon Congress at its last session and as to the importance of which
my opinion has undergone no change.

In view of the disordered condition of the currency at the time and
the high rates of exchange between different parts of the country, I felt
it to be incumbent on me to present to the consideration of your prede-
cessors a proposition conflicting in no degree with the Constitution or
with the rights of the States and having the sanction (not in detail, but

John Tyler 2120

in principle) of some of the eminent men who have preceded me in the
Executive office. That proposition contemplated the issuing of Treas-
ury notes of denominations of not less than $5 nor more than $100, to be
employed in the payment of the obligations of the Government in lieu
of gold and silver at the option of the public creditor, and to an amount
not exceeding $15,000,000. It was proposed to make them receivable
everywhere and to establish at various points depositories of gold anc5
silver to be held in trust for the redemption of such notes, so as to insure
their convertibility into specie. No doubt was entertained that such
notes would have maintained a par value with gold and silver, thus fur*
nishing a paper currency of equal value over the Union, thereby meeting
the just expectations of the people and fulfilling the duties of a parental
government. Whether the depositories should be permitted to sell 01
purchase bills under very limited restrictions, together with all its othet
details, was submitted to the wisdom of Congress and was regarded a.\
of secondary importance. I thought then and think now that such an
arrangement would have been attended with the happiest results. Th$
whole matter of the currency would have been placed where by the Con*
stitution it was designed to be placed — under the immediate supervision
and control of Congress. The action of the Government would have
been independent of all corporations, and the same eye which rests unceas*
ingly on the specie currency and guards it against adulteration would also
have rested on the paper currency, to control and regulate its issues and
protect it against depreciation. The same reasons which would forbid
Congress from parting with the power over the coinage would seem to
operate with nearly equal force in regard to any substitution for the pre-
cious metals in the form of a circulating medium. Paper when substi-
tuted Tor specie constitutes a standard of value by which the operations
of society are regulated, and whatsoever causes its depreciation affects
society to an extent nearly, if not quite, equal to the adulteration of the
coin. Nor can I withhold the remark that its advantages contrasted
with a bank of the United States, apart from the fact that a bank was
esteemed as obnoxious to the public sentiment as well on the score of
expediency as of constitutionalty, appeared to me to be striking and obvi-
ous. The relief which a bank would afford by an issue of $15,000,000
of its notes, judging from the experience of the late United States Bank,
would not have occurred in less than fifteen years, whereas under the
proposed arrangement the relief arising from the issue of $15,000,000
of Treasury notes would have been consummated in one year, thus fur-
nishing in one-fifteenth part of the time in which a bank could have
accomplished it a paper medium of exchange equal in amount to the
real wants of the country at par value with gold and silver. The saving
to the Government would have been equal to all the interest which it
has had to pay on Treasury notes of previous as well as subsequent
issues, thereby relieving the Government and at the same time affording

2i 2i Messages and Papers of the Presidents

relief to the people. Under all the responsibilities attached to the sta-
tion which I occupy, and in redemption of a pledge given to the last
Congress at the close of its first session, I submitted the suggestion to
its consideration at two consecutive sessions. The recommendation,
however, met with no favor at its hands. While I am free to admit that
the necessities of the times have since become greatly ameliorated and
that there is good reason to hope that the country is safely and rapidly
emerging from the difficulties and embarrassments which everywhere
surrounded it in 1841, yet I can not but think that its restoration to a
sound and healthy condition would be greatly expedited by a resort
to the expedient in a modified form.

The operations of the Treasury now rest upon the act of 1789 and the
resolution of 1816, and those laws have been so administered as to pro-
duce as great a quantum of good to the country as their provisions are
capable of yielding. If there had been any distinct expression of opin-
ion going to show that public sentiment is averse to the plan, either as
heretofore recommended to Congress or in a modified form, while my
own opinion in regard to it would remain unchanged I should be very
far from again presenting it to your consideration. The Government
has originated with the States and the people, for their own benefit and
advantage, and it would be subversive of the foundation principles of the
political edifice which they have reared to persevere in a measure which
in their mature judgments they had either repudiated or condemned.
The will of our constituents clearly expressed should be regarded as the
light to guide our footsteps, the true difference between a monarchical
or aristocratical government and a republic being that in the first the
will of the few prevails over the will of the many, while in the last
the will of the many should be alone consulted.

The report of the Secretary of War will bring you acquainted with the
condition of that important branch of the public service. The Army may
be regarded, in consequence of the small number of the rank and file in
each company and regiment, as little more than a nucleus around which
to rally the military force of the country in case of war, and yet its serv-
ices in preserving the peace of the frontiers are of a most important
nature. In all cases of emergency the reliance of the country is prop-
erly placed in the militia of the several States, and it may well deserve
the consideration of Congress whether a new and more perfect organiza-
tion might not be introduced, looking mainly to the volunteer companies
of the Union for the present and of easy application to the great body of
the militia in time of war.

The expenditures of the War Department have been considerably
t educed iu the last two years. Contingencies, however, may arise which
would call for the filling up of the regiments with a full complement of
men and make it very desirable to remount the corps of dragoons, which
by an act of the last Congress was directed to be dissolved.

BATTLE OF Bl'F.XA VISTA.

In the fall of 1840, President Polk and his Cabinet decided to launch
an attack upon Mexico City from Vera (_ruz. To this end. they withdrew a
number of men from the forces of General Taylor, who had entered Mexico
from the r.orth. Santa Anna, learning of the weakness of the troops under
Taylor, hurriedly marched northwards with a large force to attack Taylor.
Despite junction with another division 01 American troops, Taylor was able
to oppose only 5,0(10 men to Santa Anna's 20,000. On February 23, 1847,
the Mexicans surrounded the L'nited States forces at Buena Vista, a
short distance south of Saltillo. The battle lasted all day. and until tin-
tall of night gave little indication of the manner in which it would result.
A vicious attack against Taylor's centre was repulsed with great loss, and
at Taylor's order, "(live them a little more grape.' the Mexicans were
dispersed by heavy artillery tire. The Mexicans lost 2.000 men as against
the Americans' loss of 746. and withdrew during- the night. (See Buena
Vista, Battle of, in Encyclopedic Index.)

John Tyler 2122

I refer you to the accompanying report of the Secretary for informa-
tion in relation to the Navy of the United States. While every effort has
been and will continue to be made to retrench all superfluities and lop
off all excrescences which from time to time may have grown up, yet it
has not been regarded as wise or prudent to recommend any material
change in the annual appropriations. The interests which are involved
are of too important a character to lead to the recommendation of any
other than a liberal policy. Adequate appropriations ought to be made
to enable the Executive to fit out all the ships that are now in a course
of building or that require repairs for active service in the shortest pos-
sible time should any emergency arise which may require it. An effi-
cient navy, while it is the cheapest means of public defense, enlists in its
support the feelings of pride and confidence which brilliant deeds and
heroic valor have heretofore served to strengthen and confirm.

I refer you particularly to that part of the Secretary's report which
has reference to recent experiments in the application of steam and in
the construction of our war steamers, made under the superintendence
of distinguished officers of the Navy. In addition to other manifest
improvements in the construction of the steam engine and application of
the motive power which has rendered them more appropriate to the uses
of ships of war, one of those officers has brought into use a power which
makes the steamship most formidable either for attack or defense. I can
not too strongly recommend this subject to your consideration and do not
hesitate to express my entire conviction of its great importance.

I call your particular attention also to that portion of the Secretary's
report which has reference to the act of the late session of Congress
which prohibited the transfer of any balance of appropriation from other
heads of appropriation to that for building, equipment, and repair. The
repeal of that prohibition will enable the Department to give renewed
employment to a large class of workmen who have been necessarily dis-
charged in consequence of the want of means to pay them — a circum-
stance attended, especially at this season of the year, with much privation
and suffering.

It gives me great pain to announce to you the loss of the steamship
the Missouri by fire in the Bay of Gibraltar, where she had stopped to
renew her supplies of coal on her voyage to Alexandria, with Mr. Gush-
ing, the American minister to China, on board. There is ground for
high commendation of the officers and men for the coolness and intre-
pidity and perfect submission to discipline evinced under the most trying
circumstances. Surrounded by a raging fire, which the utmost exertions
could not subdue, and which threatened momentarily the explosion of
her well-supplied magazines, the officers exhibited no signs of fear and
the men obeyed every order with alacrity. Nor was she abandoned
until the last gleam of hope of saving her had expired. It is well worthy
of your consideration whether the losses sustained by the officers aud
crew in this unfortunate affair should not be reimbursed to them.

2123 Messages and Papers of the Presidents

I can not take leave of this painful subject without adverting to tht
aid rendered upon the occasion by the British authorities at Gibraltar
and the commander, officers, and crew of the British ship of the line
the Malabar, which was lying at the time in the bay. Everything that
generosity or humanity could dictate was promptly performed. It is by
such acts of good will by one to another of the family of nations that
fraternal feelings are nourished and the blessings of permanent peace
secured.

The report of the Postmaster- General will bring you acquainted with
the operations of that Department during the past year, and will suggest
to you such modifications of the existing laws as in your opinion the
exigencies of the public service may require. The change which the
country has undergone of late years in the mode of travel and transpor-
tation has afforded so many facilities for the transmission of mail matter
out of the regular mail as to require the greatest vigilance and circum-
spection in order to enable the officer at the head of the Department to
restrain the expenditures within the income. There is also too much
reason to fear that the franking privilege has run into great abuse. The
Department, nevertheless, has been conducted with the greatest vigor,
and has attained at the least possible expense all the useful objects for
which it was established.

In regard to all the Departments, I am quite happy in the belief that
nothing has been left undone which was called for by a true spirit of
economy or by a system of accountability rigidly enforced. This is in
some degree apparent from the fact that the Government has sustained
no loss by the default of any of its agents. In the complex, but at the
same time beautiful, machinery of our system of government, it is not
a matter of surprise that some remote agency may have failed for an
instant to fulfill its desired office; but I feel confident in the assertion
that nothing has occurred to interrupt the harmonious action of the
Government itself, and that, while the laws have been executed with
efficiency and vigor, the rights neither of States nor individuals have
been trampled on or disregarded.

In the meantime the country has been steadily advancing in all that
contributes to national greatness. The tide of population continues
unbrokenly to flow into the new States and Territories, where a refuge
is found not only for our native-born fellow-citizens, but for emigrants
from all parts of the civilized world, who come among us to partake of
the blessings of our free institutions and to aid by their labor to swell the
current of our wealth and power.

\\ is due to every consideration of public policy that the lakes and
rivers of the "West should receive all such attention at the hands of Con-
gress as the Constitution will enable it to bestow. Works in favorable
and proper situations on the Lakes would be found to be as indispen-
sably necessary, in case of war, to carry on safe and successful naval

John Tylet 2124

operations as fortifications on the Atlantic seaboard. The appropriation
made by the last Congress for the improvement of the navigation of the
Mississippi River has been diligently and efficiently applied.

I can not close this communication, gentlemen, without recommend-
ing to your most favorable consideration the interests of this District.
Appointed by the Constitution its exclusive legislators, and forming in
this particular the only anomaly in our system of government — of the
legislative body being elected by others than those for whose advantage
they are to legislate — you will feel a superadded obligation to look well
into their condition and to leave no cause for complaint or regret. The
seat of Government of our associated republics can not but be regarded
as worthy of your parental care.

In connection with its other interests, as well as those of the whole coun-
try, I recommend that at your present session you adopt such measures in
order to carry into effect the Smithsonian bequest as in your judgment
will be best calculated to consummate the liberal intent of the testator.

When, under a dispensation of Divine Providence, I succeeded to the
Presidential office, the state of public affairs was embarrassing and critical.
To add to the irritation consequent upon a long-standing controversy
with one of the most powerful nations of modern times, involving not
only questions of boundary (which under the most favorable circum-
stances are always embarrassing), but at the same time important and
high principles of maritime law, border controversies between the citizens
and subjects of the two countries had engendered a state of feeling and
of conduct which threatened the most calamitous consequences. The
hazards incident to this state of things were greatly heightened by the
arrest and imprisonment of a subject of Great Britain, who, acting (as it
was alleged) as a part of a military force, had aided in the commission
of an act violative of the territorial jurisdiction of the United States and
involving the murder of a citizen of the State of New York. A large
amount of claims against the Government of Mexico remained unad-
justed and a war of several years' continuance with the savage tribes of
Florida still prevailed, attended with the desolation of a large portion
of that beautiful Territory and with the sacrifice of many valuable lives.
To increase the embarrassments of the Government, individual and State
credit had been nearly stricken down and confidence in the General Gov-
ernment was so much impaired that loans of a small amount could only
be negotiated at a considerable sacrifice. As a necessary consequence of
the blight which had fallen on commerce and mechanical industry, the
ships of the one were thrown out of employment and the operations of
the other had been greatly diminished. Owing to the condition of the
currency, exchanges between different parts of the country had become
ruinously high and trade had to depend on a depreciated paper currency
in conducting its transactions. I shall be permitted to congratulate
the country that under an overruling Providence peace was preserved
69

2125 Messages and Papers of the Presidents

without a sacrifice of the national honor; the war in Florida was brought
to a speedy termination; a large portion of the claims on Mexico have
been fully adjudicated and are in a course of payment, while justice has
been rendered to us in other matters by other nations; confidence between
man and man is in a great measure restored and the credit of this Gov-
ernment fully and perfectly reestablished; commerce is becoming more
and more extended in its operations and manufacturing and mechan-
ical industry once more reap the rewards of skill and labor honestly
applied; the operations of trade rest on a sound currency and the rates
of exchange are reduced to their lowest amount.

In this condition of things I have felt it to be my duty to bring to
your favorable consideration matters of great interest in their present
and ultimate results; and the only desire which I feel in connection with
the future is and will continue to be to leave the country prosperous and
its institutions unimpaired. JOHN TYLER

SPECIAL MESSAGES.

CITY OF WASHINGTON, December 8, 184.3.
To the House of Representatives of the United States:

I transmit herewith a report from the Secretary of the Treasury,
exhibiting certain transfers of appropriations which have been made in
that Department in pursuance of the power vested in the President of
the United States by the act of Congress of the 3d March, 1809, entitled
"An act further to amend the several acts for the establishment and
regulation of the Treasury, War, and Navy Departments."

JOHN TYLER.

WASHINGTON, December 12, 184.3.
To the Senate of the United States:

I transmit herewith to the Senate, for their consideration in reference
to its ratification, a convention for the surrender of criminals between
the United States of America and His Majesty the King of the French,
signed at this place on the gth day of November last by the Secretary of
State and the minister plenipotentiary ad interim from the French Gov-
ernment to the United States. JOHN TYLER

WASHINGTON, Decemoer 16, 184.3.
To the House of Representatives:

The Uvo Houses of Congress at their last session passed a joint resolu-
tion, which originated in the House of Representatives, " presenting the

John Tyler 2126

thanks of Congress to Samuel T. Washington for the service sword of
George Washington and the staff of Benjamin Franklin, presented by him
to Congress." This resolution (in consequence, doubtless, of a merely
accidental omission) did not reach me until after the adjournment of
Congress, and therefore did not receive my approval and signature, which
it would otherwise promptly have received. I nevertheless felt myself
at liberty and deemed it entirely proper to communicate a copy of the
resolution to Mr. Washington, as is manifested by the accompanying
copy of the letter which I addressed to him. The joint resolution, to-
gether with a copy of the letter, is deposited in the Department of State,
and can be withdrawn and communicated to the House if it see cause to

require them.

JOHN TYLER.

[From Miscellaneous letters, Department of State.]

SAMUEL T. WASHINGTON, Esq. WASHINGTON, April 27.

DEAR SIR: I send you a copy of a joint resolution of the two Houses of Congress
expressive of the estimate which they place upon the presents which you recently
made to the United States of the sword used by your illustrious relative, George
Washington, in the military career of his early youth in the Seven Years' War, and
throughout the War of our National Independence, and of the staff bequeathed by
the patriot, statesman, and sage Benjamin Franklin to the same leader of the armies
of freedom in the Revolutionary War, George Washington.

These precious relics have been accepted in the name of the nation, and have been
deposited among its archives.

I avail myself of the opportunity afforded in the performance of this pleasing task
to tender you assurances of my high respect and esteem.

JOHN TYLER.

[From Pocketed Laws, Department of State.]

JOINT RESOLUTION presenting the thanks of Congress to Samuel T. Washington for the
service sword of George Washington and the staff of Benjamin Franklin, presented by him
to Congress.

Resolved unanimously by the Senate and House of Representatives of the United
States of America in Congress assembled, That the thanks of this Congress be pre-
sented to Samuel T. Washington, of Kanawha County, Va., for the present of the
sword used by his illustrious relative, George Washington, in the military career of
his early youth in the Seven Years' War, and throughout the War of our National
Independence, and of the staff bequeathed by the patriot, statesman, and sage Ben-
jamin Franklin to the same leader of the armies of freedom in the Revolutionary
War, George Washington.

That these precious relics are hereby accepted in the name of the nation; that
they be deposited for safe-keeping in the Department of State of the United States;
and that a copy of this resolution, signed by the President of the Senate and the
Speaker of the House of Representatives, be transmitted to the said Samuel T.

Washington.

JOHN WHITE,

Speaker of the House of Representatives.

WILLIE P. MAXGUM,
President of the Senate pro iempore.

2127 Messages and Papers of the Presidents

WASHINGTON, December 26, 184.3.
To the Senate of the United States:

I transmit herewith a communication from the War Department, con-
taining all the information and correspondence in that Department "on
the subject of the 'mountain howitzer' taken by Lieutenant Fremont
on the expedition to the Oregon ' ' [Territory] , as requested by the reso-
lution of the Senate of the i8th instant. JOHN TYLER

WASHINGTON, *D. C., December .27, 184.3.
TO the Senate of the United States:

I lay before the Senate a convention for the settlement of the claims of
the citizens and Government of the Mexican Republic against the Gov-
ernment of the United States and of the citizens and Government of the
United States against the Government of the Mexican Republic, signed
in the City of Mexico on the 2oth of last month.

I am happy to believe that this convention provides as fully as is prac-
ticable for the adjustment of all claims of our citizens on the Government
of Mexico. That Government has thus afforded a gratifying proof of its
promptness and good faith in observing the stipulation of the sixth arti-
cle of the convention of the 3oth of January last.

JOHN TYLER.

WASHINGTON, January <?, 184.4..
To the Senate of the United States:

• I herewith transmit a report* made by the Secretary of the Navy in
pursuance of the provisions of the act of the 3d March, 1843.

JOHN TYLER.

WASHINGTON, January so, 18.14..
To the House of Representatives:

I transmit the accompanying letter f from the Secretary of State, and
copy of a correspondence between that officer and the minister from Por-
tugal near this Government, to which I invite the attention of Congress.

JOHN TYLER.

WASHINGTON, January /<5, 184.4..
To the House of Representatives of the United States:

In answer to the resolution of the House of Representatives of the loth
instant, requesting the President to communicate to that body "copies
of all correspondence with any foreign government relative to the title,
boundary, discovery, and settlement of the Territory of Oregon," I have

* Transmitting abstracts of proposals made to the Navy Department and its several bureaus,
t Relating to the duties levied on the wines of Portugal and its possessions by tarifT acts of the
United States in violation of the treaty of August 26, 1840.

John Tyler 2128

to state that the information called for by the House has been already
from time to time transmitted to Congress, with the exception of such
correspondence as has been held within the last few months between
the Department of State and our minister at London; that there is a
prospect of opening a negotiation on the subject of the northwestern
boundary of the United States immediately after the arrival at Wash-
ington of the newly appointed British minister, now daily expected; and
that under existing circumstances it is deemed inexpedient, with a view
to the public interest, to furnish a copy of the correspondence above
mentioned. JQHN

WASHINGTON CITY, January 77, 184.4..
To the Senate of the United States:

In compliance with the resolution of the Senate of the 26th ultimo, I
transmit herewith a report of the Secretary of War, with a copy of the
proceedings of the court-martial in the case of Second Lieutenant D. C.
Buell, Third Infantry, and of all orders and papers in relation thereto.

It will be perceived that at the date of the resolution the final action
of the Executive was not had upon the case. That action having since
taken place, it is communicated with the papers.

JOHN TYLER.

WASHINGTON, D. C., January ip, 184.4..
To the House of Representatives:

In compliance with your resolution of the I5th December, 1843, re-
questing ' ' such information as may be on file in aay of the Departments
relative to the formation of a junction between the Atlantic and Pacific
oceans," I transmit herewith a letter from the Secretary of State, with
accompanying documents, in relation thereto. TOHN TYLFR

WASHINGTON, January 24., 184.4..
To the House of Representatives:

I communicate to the House of Representatives a report from the Sec-
retary of State, under date of the jth ultimo, accompanied by a copy
of a note from the Chevalier de Argai/, on the subject of the schooner

JOHN TYLER.

WASHINGTON, January 26, 1844..
To the House of Representatives:

I transmit herewith a report of the Secretary of War and accompany-
ing papers, containing the information respecting the Indians remaining
at present in Florida, requested by a resolution of the House of Repre-
sentatives of the loth instant. JOHN TYLKR.

2i^9 Messages and Papers of the Presidents

WASHINGTON, January jo, 184.4.
To the Senate of the United States:

I transmit a report* of the War Department, prepared under a resolu
tion of the Senate of the 4th instant. JOHN TYLER

WASHINGTON, February 6, 184.4..
To the House of Representatives:

In compliance with the resolution of the House of Representatives of
the 22d January, I herewith transmit a letter f from the Secretary of the
Navy, containing all the information in the possession of that Depart-
ment on the subject to which the resolution refers.

JOHN TYLER.

WASHINGTON, February 7, 184.4..
To the Senate of the United States:

I transmit to the Senate of the United States, in answer to their reso-
lution of the gth of January last, a report \ from the Secretary of State
and a report § from the Secretary of War. JOHN TYT ER

WASHINGTON, February p, 184.4..
To the Senate of the United States:

In compliance with the resolution of the Senate of the 3ist January, I
herewith transmit the accompanying letter || from the Secretary of the

Navy- JOHN TYLER.

WASHINGTON, February 12, 184.4..
To the Senate of the United States:

I herewith transmit to the Senate articles of agreement between the
Dela wares and Wyandots, by which the Delawares propose to convey to
the Wyandots certain lands therein mentioned, for the ratification and
approval of the Senate, together with the accompanying documents,
marked A and B.

My mind is not clear of doubt as to the power of the Executive to
act in the matter, but being opposed to the assumption of any doubtful
power, I have considered it best to submit the agreement to your consid-

JOHN TYLER.

* Relating to the proceeding ->.TIC" jonluct of the Choctaw commission, sitting in the State of
Mississippi, under the Dancing Rabbit Cieek treaty.

t Relating to appointments of masters' mates and the postponement of the sailing of the frigate
Raritan.

J Stating that there has been no correspondence with the British Government relative to pres-
ents, etc., by that Government to Indians in the United States.

§ Transmitting- a letter from the Commissioner of Indian Affairs relative to presents, etc., to
Indians in the United States by the Knlish Government.

;,' Relating to a proposed extension of the duties of the Home Squadron.

John Tyler 2130

WASHINGTON, February 12, 184.4..
To the Senate of the United States:

I transmit herewith a letter from the governor of Iowa, accompanied
by a memorial from the legislative assembly of that Territory, asking
admission as an independent State into the Union.

JOHN TYLER.

WASHINGTON, February 12, 184.4..
To the Senate of the United States:

I transmit herewith the copy of a report made by Captain R. F. Stock-
ton, of the United States Navy, relative to the vessel of war the Prince-
ton, which has been constructed under his supervision and direction, and
recommend the same to the attentive consideration of Congress.

JOHN TYLER.

To the Senate of the United States: FEBRUARY 15, 1844.

I communicate herewith a letter from the Secretary of the Treasury,
submitting a report from the Commissioner of the General Land Office
and accompanying papers, in answer to a resolution. adopted by the Sen-
ate on the 6th instant, requesting certain information respecting the
receipt by local land officers of fees not authorized by law and the meas-
ures which have been adopted in reference thereto.

JOHN TYLER.

WASHINGTON, D. C., February 15, 184.4..
To the Senate and House of Representatives of the United States:

In compliance with the request contained in the accompanying letter
from the governor of the State of Kentucky, I herewith transmit certain
resolutions* adopted by the legislature of that State, in relation to a
digest of the decisions of the Supreme Court of the United States.

JOHN TYLER.

WASHINGTON, February 20, 184.4..
To the House of Representatives of the United States:

I transmit herewith a report f from the Secretary of War, containing
the information requested in the resolution of the House of Representa-
tives of the 29th ultimo.

In order to a full understanding of the matter I have deemed it proper
to transmit with the information requested a copy of the reply of the
Adjutant-General to Brevet Major-General Gaines, with the documents
to which it refers. JOHN TYLER.

*Askinjr the publication and distribution of a digest of the decisions of the Supreme Court of
the United States.
1 Relating to the settlement of the accounts of Major-r.encral ('.aines. etc.

2131 Messages and Papers of the Presidents

WASHINGTON, February 20,
To the Senate of the United States:

I transmit to the Senate a report* from the Secretary of State, with
accompanying documents, in answer to their resolution of the 3ist of
January last. JOHN

WASHINGTON, February 21, 1844.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives, in answer to their
resolution of the i6th instant, a report f from the Secretary of State, with
the correspondence therein referred to. TOHN TYT ER

WASHINGTON, Febmary 23, 184.4..
To the House of Representatives:

I transmit herewith a communication from the Secretary of the Navy,
to which I invite the particular attention of Congress. The act entitled
"An act to authorize the President of the United States to direct trans-
fers of appropriation in the naval service under certain circumstances ' '
has this day met with my approval, under no expectation that it can be
rendered available to the present wants of the service, but as contain-
ing an exposition of the views of Congress as to the entire policy of
transfers from one head of appropriation to any other in the naval serv-
ice and as a guide to the Executive in the administration of the duties
of that Department. The restrictions laid upon the power to transfer
by the latter clauses of the act have rendered its passage of no avail at
the present moment.

It will, however, be perceived by the document accompanying the
report of the Secretary that there has been realized by recent sales of old
iron, copper, and other materials the sum of $116,922.79. These sales
were ordered for the express purpose of enabling the Executive to com-
plete certain ships now on the stocks, the completion of which is called for
by the economical wants of the service; and the doubt existing as to the
power of the Government to apply this sum to the objects contemplated
proceeds from the fact that the late Secretary of the Navy directed them
to be placed in the Treasury, although in doing so he had no intention of
diverting them from their intended head of expenditure. The Secretary
of the Treasury, however, has brought himself to the opinion that they
could only be entered under the head of miscellaneous receipts, and there-
fore can only be withdrawn by authority of an express act of Congress.
I would suggest the propriety of the passage of such an act without delay.

As intimately associated with the means of public defense, I can not

* Relating to slaves committing crimes and escaping from the United States to the British domin-
ions since the ratification of the treaty of rti.)2, and the refusal of the British authorities to give them
up, and to the.construction which the British Government puts upon the article of said treaty rela-
tive to slaves committing crimes in the United States and taking refuge in the British dominions.

t Relating to a demand upon the British Government for the surrender of certain fugitive crimi-
nals from Florida under the provisions of the tenth article of the treaty of Washington.

John Tyler 2132

forbear urging upon you the importance of constructing, upon the prin-
ciples which have been brought. into use in the construction of the Prince-
ton, several ships of war of a larger class, t>etter fitted than that ship to
the heavy armament which should be placed on board of them. The suc-
cess which has so eminently crowned this first experiment should encour-
age Congress to lose no time in availing the country of all the important
benefits so obviously destined to flow from it. Other nations will speedily
give their attention to the subject, and it would be criminal in the United
States, the first to apply to practical purposes the great power which
has been brought into use, to permit others to avail themselves of our
improvements while we stood listlessly and supinely by. In the number
of steam vessels of war we are greatly surpassed by other nations, and yet
to Americans is the world indebted for that great discovery of the means
of successfully applying steam power which has in the last quarter cen-
tury so materially changed the condition of the world. We have now
taken another and even bolder step, the results of which upon the affairs
of nations remain still to be determined, and I can not but flatter myself
that it will be followed up without loss of time to the full extent of the
public demands. The Secretary of the Navy will be instructed to lay
before you suitable estimates of the cost of constructing so many ships of
such size and dimensions as you may think proper to order to be built.

The application of steam power to ships of war no longer confines us
to the seaboard in their construction. The urgent demands of the service
for the Gulf of Mexico and the substitution of iron for wood in the con-
struction of ships plainly point to the establishment of a navy-yard at
some suitable place on the Mississippi. The coal fields and iron mines
of the extensive region watered by that noble river recommend such an
establishment, while high considerations of public policy would lead to
the same conclusion.

One of the complaints of the Western States against the actual opera-
tion of our system of government is that while large and increasing
expenditures of public money are made on the Atlantic frontier the ex-
penditures in the interior are comparatively small. The time has now
arrived when this cause of complaint may be in a great measure removed
by adopting the legitimate and necessary policy which I have indicated,
thereby throwing around the States another bond of union.

I could not forego the favorable opportunity which has presented itself,
growing out of the communication from the Secretary of the Navy, to
urge upon you the foregoing recommendations.

JOHN TYLER.

WASHINGTON, February 29,
To the Senate and House of Representatives of the United States:

I have to perform the melancholy duty of announcing to the two
Houses of Congress the death of the Hon. Abel P. Upshur, late Secretary
of State, and the Hon. Thomas W. Giluier, late Secretary of the Navy.

2133 Messages and Papers of the Presidents

This most lamentable occurrence transpired on board the United States
ship of war the Princeton on yesterday at about half past 4 o'clock in the
evening, and proceeded from the explosion of one of the large guns of
that ship.

The loss which the Government and the country have sustained by this
deplorable event is heightened by the death at the same time and by the
same cause of several distinguished persons and valuable citizens.

I shall be permitted to express my great grief at an occurrence which
has thus suddenly stricken from my side two gentlemen upon whose
advice I so confidently relied in the discharge of my arduous task of
administering the office of the executive department, and whose services
at this interesting period were of such vast importance.

In some relief of the public sorrow which must necessarily accompany
this most painful event, it affords me much satisfaction to say that it was
produced by no carelessness or inattention on the part of the officers and
crew of the Princeton, but must be set down as one of those casualties
which to a greater or less degree attend upon every service, and which
are invariably incident to the temporal affairs of mankind. I will also
add that it in no measure detracts from the value of the improvement
contemplated in the construction of the Princeton or from the merits of
her brave and distinguished commander and projector.

JOHN TYLER-

WASHINGTON, March 7, 1844..
To the House of Representatives of the United States:

I transmit to the House of Representatives a report * from the Secre-
tary of State, with documents, containing the information requested by
their resolution of the 26th ultimo. JOHN TYLER

WASHINGTON, March 8, 184.4..
To the House of Representatives:

In compliance with a resolution of the House of Representatives of
the loth of January last, I communicate to that body a report f from the
Secretary of State ad interim, which embraces the information called
for by said resolution. TOHN TYLER

WASHINGTON, March 8, 184.4..
To the Senate of the United Spates:

I communicate to the Senate a report,]: with the documents accompa-
nying it, from the Secretary of State, in answer to a resolution of that
body of the 25th of January, 1844. JOHN TYLER.

* Relating to the colony of Liberia, in Africa.

t Relating: to the production, growth, and trade in tobacco.

t Transmitting names, returns, etc., of consuls and commercial ajrenls of the United States.

John Tylet 2134

WASHINGTON, March $>, 184.4..
To the Senate of the United States:

I transmit to the Senate, in answer to their resolution of the 2ist
ultimo, a report* from the Secretary of State, with accompanying papers.

JOHN TYLER.

WASHINGTON, March n, 1844..
To the House of Representatives:

In compliance with your resolution of the 26th ultimo, I herewith
transmit a report f from the Secretary of the Navy.

JOHN TYLER.

WASHINGTON, March 12, 1844..
To the House of Representatives:

I transmit herewith a report * of the Secretary of War, prepared in
compliance with a resolution of the House of Representatives of the 26th
ultimo. JOHN TYLER.

WASHINGTON, D. C., March 18, 1844.
To the House of Representatives:

I transmit herewith a report § from the Secretary of State, in answer
to the resolution of the House of Representatives of the i8th of January

last- JOHN TYLER.

WASHINGTON, March 19, 184.4.
To the Senate of the United States:

I transmit herewith a letter || from the Secretary of State and certain
documents accompanying the same, in answer to the resolution of the
Senate of the 8th instant. JOHN TYLER.

WASHINGTON, March 20, 184.4.
To the Senate of the United States:

I transmit to the Senate a report from the Secretary of State, with
documents, containing the information** requested by their resolution
of the 23d ultimo. JOHN TYLER.

*Relating to the abuse of the United States flap; in subservience to the African slave trade, and to
the taking away of slaves the property of Portuguese subjects in vessels owned or employed by

citizens of the United States.

•(•Transmitting list of officers appointed in the Navy sii
\ Transmitting list of officers appointed in the Army sii
§ Transmitting list of persons employed by the Depart
of law, etc., from March 4, 1837, to December 31, 1843, incl
|i Transmitting th; commission appointing Caleb Cush

ce June i, 1843.

ce June I, iS4j.

nent of State without express authority

isive.

ng a representative of the Government

of the United States in China; papers, etc., concerning the payment of 140,000, appropriated for
sending a commissioner, etc., to China.

** Relating to the interpretation o.f the tenth article of the treaty of August 9, 1842, between the
United States and Great Britain.

2135 Messages and Papers of the Presidents

WASHINGTON, March 20, 184.4.
To the House of Representatives:

I transmit herewith to the House of Representatives a copy of the con/
vrention concluded on the lyth day of March, 1841, between the United
States and the Republic of Peru, which has been duly ratified and of
which the ratifications have been exchanged.

The communication of this treaty is now made to the end that suitable
measures may be adopted to give effect to the first article thereof , which
provides for the distribution among the claimants of the sum of $300,000,
thereby stipulated to be paid. TOHN TYLER

[The same message was sent to the Senate.]

WASHINGTON CITY, March 26, 184.4..
To the Senate of the United States:

I transmit herewith copies of the report and papers* referred to in a
resolution of the Senate of the 2oth of February last.

JOHN TYLER.

WASHINGTON, March 26, 184.4..
To the House of Representatives of the United States:

I submit for the consideration of Congress the accompanying commu-
nication from A. Pageot, minister plenipotentiary ad interim of the King
of the French, upon the subject of the tonnage duties levied on French
vessels coming into the ports of the United States from the islands of St.
Pierre and Miquelon, and proposing to place our commercial intercourse
with those islands upon the same footing as now exists with the islands
of Martinique and Guadaloupe, as regulated by the acts of the gtla. of
May, 1828, and of the i3th of July, 1832. No reason is perceived for
the discrimination recognized by the existing law, and none why the pro-
visions of the acts of Congress referred to should not be extended to the
commerce of the islands in question. TOHN TYT ER

To the Senate: WASHINGTON, March 27, 1844.

I transmit herewith a communication from the Secretary of the Treas-
ury, to whom I had referred the resolution of the Senate of the 27th
December last, showing that the information f called for by that resolu-
tion can not be furnished from authentic data.

JOHN TYLER.

* Relating to the survey of the harbor of St. Louis.

fStatement of the expenditures of the Government each year from its organization up to the
present period., and wheu aud for what purpose these expenditures were made.

John Tyler 2136

WASHINGTON, D. C., April p, 184.4..
To the House of Representatives:

In compliance with a resolution of the House of Representatives of the
23d of March last, requesting the President to lay before the House "the
authority and the true copies of all requests and applications upon which
he deemed it his duty to interfere with the naval and military forces of
the United States on the occasion of the recent attempt of the people
of Rhode Island to establish a free constitution in the place of the old
charter government of that State; also copies of the instructions to and
statements of the charter commissioners sent to him by the then existing
authorities of the State of Rhode Island; also copies of the correspond-
ence between the Executive of the United States and the charter govern-
ment of the State of Rhode Island, and all the papers and documents
connected with the same; also copies of the correspondence, if any,
between the heads of Departments and said charter government or any
person or persons connected with the said government, and of an}' accom-
panying papers and documents; also copies of all orders issued by the
Executive of the United States, or any of the Departments, to military
officers for the movement or employment of troops to or in Rhode Island;
also copies of all orders to naval officers to prepare steam or other vessels
of the United States for service in the waters of Rhode Island; also copies
of all orders to the officers of revenue cutters for the same service; also
copies of any instructions borne by the Secretary of War to Rhode Island
on his visit in 1842 to review the troops of the charter government; also
copies of any order or orders to any officer or officers of the Army or
Navy to report themselves to the charter government; and that he be
requested to lay before this House copies of any other papers or docu-
ments in the possession of the Executive connected with this subject not
above specifically enumerated," I have to inform the House that the
Executive did not deem it his "duty to interfere with the naval and
military forces of the United States ' ' in the late disturbances in Rhode
Island; that no orders were issued by the Executive or any of the
Departments to military officers for the movement or employment of
troops to or in Rhode Island other than those which accompany this
message and which contemplated the strengthening of the garrison at
Fort Adams, which, considering the extent of the agitation in Rhode
Island, was esteemed necessar}' and judicious; that no orders were issued
to naval officers to prepare steam or other vessels of the United States
for service in the waters of Rhode Island; that no orders were issued
" to the officers of the revenue cutters for said service;" that no instruc-
tions were borne by "the Secretary of War to Rhode Island on his visit
in 1842 to review the troops of the charter government;'' ' that no orders were
given to any officer or officers of the Army or Navy to report themselves
to the charter government; that "requests and applications" were
made to the Executive to fulfill the guaranties of the Constitution which

2137 Messages and Papers of the Presidents

impose on the Federal Government the obligation to protect and defend
each State of the Union against ' 'domestic violence and foreign invasion,"
but the Executive was at no time convinced that the casus fcederis had
arisen which required the interposition of the military or naval power in
the controversy which unhappily existed between the people of Rhode
Island. I was in no manner prevented from so interfering by the inquiry
whether Rhode Island existed as an independent State of the Union
under a charter granted at an early period by the Crown of Great Britain
or not. It was enough for the Executive to know that she was recog-
nized as a sovereign State by Great Britain by the treaty of 1783; that at
a later day she had in common with her sister States poured out her blood
and freely expended her treasure in the War of the Revolution; that she
was a party to the Articles of Confederation; that at an after period
she adopted the Constitution of the United States as a free, independent,
and republican State; and that in this character she has always possessed
her full quota of representation in the Senate and House of Representa-
tives; and that up to a recent day she has conducted all her domestic
affairs and fulfilled all her obligations as a member of the Union, in
peace and war, under her charter government, as it is denominated by the
resolution of the House of the 23d March. I must be permitted to dis-
claim entirely and unqualifiedly the right on the part of the Executive
to make any real or supposed defects existing in any State constitution or
form of government the pretext for a failure to enforce the laws or the
guaranties of the Constitution of the United States in reference to any
such State. I utterly repudiate the idea, in terms as emphatic as I can
employ, that those laws are not to be enforced or those guaranties com-
plied with because the President may believe that the right of suffrage
or any other great popular right is either too restricted or too broadly
enlarged. I also with equal strength resist the idea that it falls within
the Executive competency to decide in controversies of the nature of
that which existed in Rhode Island on which side is the majority of the
people or as to the extent of the rights of a mere numerical majority.
For the Executive to assume such a power would be to assume a power
of the most dangerous character. Under such assumptions the States of
this Union would have no security for peace or tranquillity, but might
be converted into the mere instruments of Executive will. Actuated by
selfish purposes, he might become the great agitator, fomenting assaults
upon the State constitutions and declaring the majority of to-day to be
the minority of to-morrow, and the minority, in its turn, the majority,
before whose decrees the established order of things in the State should
be subverted. Revolution, civil commotion, and bloodshed would be the
inevitable consequences. The provision in the Constitution intended for
the security of the States would thus be turned into the instrument of
their destruction. The President would become, in fact, the great consti-
tution mako for the States, and all power would be vested in his hands.

John Tyler 2138

When, therefore, the governor of Rhode Island, by his letter of the 4th
of April, 1842, made a requisition upon the Executive for aid to put down
the late disturbances, I had no hesitation in recognizing the obligations
of the Executive to furnish such aid upon the occurrence of the contin-
gency provided for by the Constitution and laws. My letter of the i ith
of April, in reply to the governor's letter of the 4th, is herewith commu-
nicated, together with all correspondence which passed at a subsequent
day and the letters and documents mentioned in the schedule hereunto
annexed. From the correspondence between the Executive of the United
States and that of Rhode Island, it will not escape observation that while
I regarded it as my duty to announce the principles by which I should
govern myself in the contingency of an armed interposition on the part
of this Government being necessary to uphold the rights of the State of
Rhode Island and to preserve its domestic peace, yet that the strong
hope was indulged and expressed that all the difficulties would disap-
pear before an enlightened policy of conciliation and compromise. In
that spirit I addressed to Governor King the letter of the Qth of May,
1842, marked "private and confidential," and received his reply of the
1 2th of May of the same year. The desire of the Executive was from the
beginning to bring the dispute to a termination without the interposition
of the military power of the United States, and it will continue to be a
subject of self -congratulation that this leading object of policy was finally
accomplished. The Executive resisted all entreaties, however urgent,
to depart from this line of conduct. Information from private sources
had led the Executive to conclude that little else was designed by Mr.
Dorr and his adherents than mere menace with a view to intimidation;
nor was this opinion in any degree shaken until the 22d of June, 1842,
when it was strongly represented from reliable sources, as will be seen by
reference to the documents herewith communicated, that preparations
were making by Mr. Dorr, with a large force in arms, to invade the
State, which force had been recruited in the neighboring States and had
been already preceded by the collection of military stores in considerable
quantities at one or two points. This was a state of things to which the
Executive could not be indifferent. Mr. Dorr speedily afterwards took
up his headquarters at Chcpachet and assumed the command of what
was reported to be a large force, drawn chiefly from voluntary enlist-
ments made in neighboring States. The Executive could with difficulty
bring itself to realize the fact that the citizens of other States should have
forgotten their duty to themselves and the Constitution of the United
States and have entered into the highly reprehensible and indefensible
course of interfering so far in the concerns of a sister State as to have
entered into plans of invasion, conquest, and revolution; but the Execu-
tive felt it to be its duty to look minutely into the matter, and therefore
the Secretary of War was dispatched to Rhode Island with instructions
(a copy of which is herewith transmitted), and was authorized, should

2139 Messages and Papers of the Presidents

a requisition be made upon the Executive by the government of Rhode
Island in pursuance of law, and the invaders should not abandon their
purposes, to call upon the governors of Massachusetts and Connecticut
for a sufficient number of militia at once to arrest the invasion and to
interpose such of the regular troops as could be spared from Fort Adams
for the defense of the city of Providence in the event of its being attacked,
as was strongly represented to be in contemplation. Happily there was
no necessity for either issuing the proclamation or the requisition or for
removing the troops from Fort Adams, where they had been properly
stationed. Chepachet was evacuated and Mr. Dorr's troops dispersed
without the necessity of the interposition of any military force by this
Government, thus confirming me in my early impressions that nothing
more had been designed from the first by those associated with Mr. Dorr
than to excite fear and apprehension and thereby to obtain concessions
from the constituted authorities which might be claimed as a triumph
over the existing government.

With the dispersion of Mr. Dorr's troops ended all difficulties. A con-
vention was shortly afterwards called, by due course of law, to amend the
fundamental law, and a new constitution, based on more liberal principles
than that abrogated, was proposed, and adopted by the people. Thus
the great American experiment of a change in government under the
influence of opinion and not of force has been again crowned with suc-
cess, and the State and people of Rhode Island repose in safety under
institutions of their own adoption, unterrified by any future prospect of
necessary change and secure against domestic violence and invasion from
abroad. I congratulate the country upon so happy a termination of a
condition of things which seemed at one time seriously to threaten the
public peace. It may justly be regarded as worthy of the age and of
the country in which we live. TOHN TYLER

The PRESIDENT OF THE UNITED STATES. PROVIDENCE, April 4, 1842,

SIR: The State of Rhode Island is threatened with domestic violence. Appre-
hending that the legislature can not be convened in sufficient season to apply to the
Government of the United States for effectual protection in this case, I hereby apply
to you, as the executive of the State of Rhode Island, for the protection which is
required by the Constitution of the United States. To communicate more fully with
you on this subject, I have appointed John \Vhipple, John Brown Francis, and
Elisha R. Potter, esqs., three of our most distinguished citizens, to proceed to Wash-
ington and to make known to you in behalf of this State the circumstances which
call for the interposition of the Government of the United States for our protection.
I am, sir, very respectfully, youi obedient servant,

SAM. W. KING,
Governor of Rhode Island.

The PRESIDENT OF THE UNITED STATES. PROVIDENCE, April 4, 1842.

SIR: For nearly a year last past the State of Rhode Island has been agitated by
revolutionary movements, and is now threatened with domestic violence,

John Tyler 2140

The report* of a joint committee of both branches of the legislature of this State,
with an act* and resolutions* accompanying the same, herewith communicated,
were passed unanimously by the senate, and by a vote of 60 to 6 in the house of
representatives. The legislature adjourned to the first Tuesday of May next.

It has become my duty by one of these resolutions to adopt such measures as in
my opinion may be necessary in the recess of the legislature to execute the laws and
preserve the State from domestic violence.

The provisions of the said act ' ' in relation to offenses against the sovereign power
of this State" have created much excitement among that portion of the people who
have unequivocally declared their intention to set up another government in this,
State and to put down the existing government, and they threaten, individually and
collectively, to resist the execution of this act. The numbers of this party are suf-
ficiently formidable to threaten seriously our peace, and in some portions of the State,
and in this city particularly, may constitute a majority of the physical force, though
they are a minority of the people of the State.

Under the dangers which now threaten us, I have appointed John Whipple, John
Brown Francis, and Elisha R. Potter, esqs. , three of our most distinguished citizens,
to proceed to Washington and consult with you in behalf of this State, with a view
that such precautionary measures may be taken by the Government of the United
States as may afford us that protection which the Constitution of the United States
requires. There is- but little doubt that a proclamation from the President of the
United States and the presence here of a military officer to act under the authority
of the United States would destroy the delusion which is now so prevalent, and con-
vince the deluded that in a contest with the government of this State they would be
involved in a contest with the Government of the United States, which could only
eventuate in their destruction.

As no State can keep troops in time of peace without the consent of Congress,
there is the more necessity that we should be protected by those who have the
means of protection. We shall do all we can for ourselves. The Government of
the United States has the power to prevent as well as to defend tis from violence.
The protection provided by the Constitution of the United States will not be effec-
tual unless such precautionary measures may be taken as are necessary to prevent
lawless men from breaking out into violence, as well as to protect the State from
further violence after it has broken out. Preventive measures are the most prudent
and safe, and also the most merciful.

The protective power would be lamentably deficient if "the beginning of strife,"
which "is like the letting out of waters," can not be prevented, and no protection
can be afforded the State until to many it would be too late.

The above-named gentlemen are fully authorized to act in behalf of the State of
Rhode Island in this emergency, and carry with them such documents and proof as
will, no doubt, satisfy you that the interposition of the authority of the Government
of the United States will be salutary and effectual.

I am, sir, very respectfully, your obedient servant,

SAM. W. KING,
Governor of Rhode Island.

Apkir, 9, 1842.

MY DEAR SIR: f Will you do me the favor to see the committee from Rhode Island
as soon after the meeting of the Cabinet as may suit your convenience?

I regret to learn from Mr. Francis that the leaning of your mind was decidedly
against any expression of opinion upon the subject, upon the ground that free suf-
frage must pre vail. Undoubtedly it will. That is not the question. The freehold-
ers of Rhode Island have yielded that point, and the <w/r question is between their
constitution, providing for an extension of suffrage, and ours, containing substantially

* Omitted.

t AiUlrejiSol to tlio 1'icsiiU-n! of UK- rind.! Stuti-F.

2141 Messages and Papers of the Presidents

the same provision — whether their constitution shall be carried out by force of arms
without a majority, or the present government be supported until a constitution can
be agreed upon that will command a majority. Neither their constitution nor ours
has as yet received a majority of the free white males over 21 years of age. Tkere
is no doubt upon that subject, 'and I very much regret that your mind should hare
been influenced (if it has) by the paper called the Express. Nearly all the leaders
who are professional men have abandoned them, on the ground that a majority is
not in favor of their constitution. I know this to be true. I do hope that you will
reconsider this vital question and give us a full hearing before you decide.
With great respect, very truly and sincerely, yours,

JOHN WHIPPI/B.

His Excellency JOHN TYUJR,

President of the United States:

The undersigned, having been deputed by Samuel W. King, the governor of the
State of Rhode Island, to lay before you the present alarming condition in which
the people of that State are placed, and to request from you the adoption of such
prudential measures as in your opinion may tend to prevent domestic violence, beg
^eave most respectfully to state the following among the leading facts, to which your
attention is more particularly invited:

That the people of Rhode Island have no fundamental law except the charter of
King Charles II, granted in 1663, and the usage of the legislature under it. Legis-
lative usage under their charters has been decided by the Supreme Court of the
United States to be the fundamental law both in Connecticut and Rhode Island.

That from the date of the Rhode Island charter down to the year 1841, a period
of nearly two hundred years, no person has been allowed to vote for town or State
offices unless possessed of competent estates and admitted free in the several towns
in which they resided.

That since the statute of 1728 no person could be admitted a freeman of any town
unless he owned a freehold estate of the value fixed by law (now $134) or was the
eldest son of such a freeholder.

That until the past year no attempt has been made, to our knowledge, to establish
any other fundamental law, by force, than the one under which the people have
lived for so long a period.

That at the January session of the legislature in 1841 a petition signed by five
or six hundred male inhabitants, praying for such an extension of suffrage as the
legislature might in their wisdom deem expedient to propose, was presented.

That, influenced by that petition, as well as by other considerations, the legislature
at that session requested the qualified voters, or freemen, as they are called with us,
to choose delegates at their regular town meetings to be holden in August, 1841, for
a convention to be holden in November, 1841, to frame a written constitution.

That the result of the last meeting of this legal convention in February, 1842, was

the constitution* accompanying this statement, marked , which, in case of its

adoption by the people, would have been the supreme law of the State.

Most of the above facts are contained in the printed report of a numerous com-
mittee of the legislature at their session in March, 1842, which report was adopted
by the legislature.

That in May, 1841, after said legal convention had been provided for by the legis-
lature, and before the time appointed for the choice of delegates by the qualified
voters (August, 1841), a mass meeting was held by the friends of an extension of
suffrage at Newport, at which meeting a committee was appointed, called the State
committee, who were authorized by said mass meeting to take measures for calling
a convention to frame a constitution.

* Omitted.

John Tyler 2142

That this committee, thus authorized, issued a request for a meeting of the male
citizens in the several towns to appoint delegates to the proposed convention.

That meetings (of unqualified voters principally, as we believe) were accordingly
holden in the several towns, unauthorized by law, and contrary to the invariable
custom and usage of the State from 1663 down to that period; that the aggregate
votes appointing the delegates to that convention were, according to their own esti-
mate, about 7,200, whereas the whole number of male citizens over 21 years of age,
after making a deduction for foreigners, paupers, etc., was, according to their own
estimate, over 22,000.

That this convention, thus constituted, convened in Providence in October, 1841,
and the constitution called the "people's constitution" was the result of their delib-
erations. •

That at subsequent meetings of portions of the people in December, 1841, by the
authority of this convention alone (elected, as its delegates had been, by about one-
third of the voters, according to their own standard of qualification), all males over
21 years of age were admitted to vote for the adoption of the people's constitution;
that these meetings were not under any presiding officer whose legal right or duty
it was to interpose any check or restraint as to age, residence, property, or color.

By the fourteenth article of this constitution it was provided that ' ' this constitu-
tion shall be submitted to the people for their adoption or rejection on Monday,
the 2yth of December next, and on the two succeeding days;" "and every person
entitled to vote as aforesaid who from sickness or other causes may be unable to
attend and vote in the town or ward meetings assembled for voting upon said con-
stitution on the days aforesaid is requested to write his name on a ticket, and to
obtain the signature upon the back of the same of a person who has given in his
vote, as a witness thereto, and the moderator or clerk of any town or ward meeting
convened for the purpose aforesaid shall receive such vote on either of the three
days next succeeding the three days before named for voting for said constitution."

During the first three days about 9,000 votes were received from the hands of the
voters in the open meetings. By the privilege granted to any and all friends of
the constitution of bringing into their meetings the names of voters during the three
following days 5,000 votes more were obtained, making an aggregate of about 14,000
votes.

This constitution, thus originating and thus formed, was subsequently declared by
this convention to be the supreme law of the land. By its provisions a government
is to be organized under it, by the choice of a governor, lieutenant-governor, senators
and representatives, on the Monday preceding the third Wednesday in April, 1842.

By the provisions of the "landholder's constitution," as the legal constitution is
called, every white native citizen possessing the freehold qualification, and over 21
years of age, may vote upon a residence of one year, and without any freehold may
vote upon a residence of two years, except in the case of votes for town taxes, in which
case the voter must possess the freehold qualification or be taxed for other property
of the value of $150.

By the ''people's constitution" "every white male citizen of the United States of
the age of 21 years who has resided in this State for one year and in the town where
he votes for six months" shall be permitted to vote, with the same exception as to
voting for town taxes as is contained in the other constitution.

The provision, therefore, in relation to the great subject in dispute — the elective
franchise — is substantially the same in the two constitutions.

On the 2ist, 22d, and 23d March last the legal constitution, by an act of the legis-
lature, was submitted to all the persons who by its provisions would be entitled to
vote under it after its adoption, for their ratification. It was rejected by a majority
of 676 votes, the number of votes polled being over 16.000. It is believed that many
freeholders voted against it because they were attached to the old form of govern-
ment and were against auy new constitution whatever. IJoth parlies useJ uncommon

2143 Messages and Papers of the Presidents

exertions to bring all their voters to the polls, and the result of the vote was, under
the scrutiny of opposing interests in legal town meetings, that the friends of the
people's constitution brought to the polls probably not over 7,000 to 7,500 votes.
The whole vote against the legal constitution was about 8,600. If we allow 1,000 as
the number of freeholders who voted against the legal constitution because they
are opposed to any constitution, it would leave the number of the friends of the
people's constitution 7,600, or about one-third of the voters of thi State under
the new qualification proposed by either constitution.

It seems incredible that there can.be 14,000 friends of the people's constitution in
the State, animated as they are by a most extraordinary and enthusiastic feeling;
and yet upon this trial, in the usual open and fair way of voting, they should have
obtained not over 7,600 votes.

The unanimity of the subsequent action of the legislature, comprehending as it
did both the great political parties — the house of representatives giving a vote of 60
in favor of maintaining the existing government of the State and only 6 on the other
side, with a unanimous vote in the senate — the unanimous and decided opinion of the
supreme court declaring this extraordinary movement to be illegal in all its stages
(see — -* ), a majority of that court being of the Democratic party, with other facts
of a similar character, have freed this question of a mere party character and enabled
us to present it as a great constitutional question.

Without presuming to discuss the elementary and fundamental principles of gov-
ernment, we deem it our duty to remind you of the fact that the existing government
of Rhode Island is the government that adopted the Constitution of the United
States, became a member of this Confederacy, and has ever since been represented
in the Senate and House of Representatives. It is at this moment the existing
government of Rhode Island, both de facto and dejure, and is the only government
in that State entitled to the protection of the Constitution of the United States.

It is that government which now calls upon the General Government for its inter-
ference; and even if the legal effect of there being an ascertained majority of unquali-
fied voters against the existing government was as is contended for by the opposing
party, yet, upon their own principle, ought not that majority in point of fact to be
clearly ascertained, not by assertion, but by proof, in order to justify the General Gov-
ernment in withdrawing its legal and moral influence to prevent domestic violence?

That a domestic war of the most furious character will speedily ensue unless pre-
vented by a prompt expression of opinion here can not be doubted. Ir, relation to
this, we refer to the numerous resolutions passed at meetings of the fri»nds of the
people's constitution, and more especially to the Cumberland resolutions* herewith

presented, and the affidavits,* marked , and to repeated expressions of siniilai'

reliance upon the judgment of the Chief Magistrate of the nation.

All which is respectfully submitted by — JOHN WHIPPLE

JOHN BROWN FRANCIS.
ELISHA R. POTTER.

WASHINGTON, April //, 1842.
His Excellency the GOVERNOR OF Rnorm ISI.AND.

SIR: Your letter dated the 4th instant was handed me on Friday by Mr. Whipple,
who, in company with Mr. Francis and Mr. Potter, called upon me on Saturday and
placed me, both verbally and in writing, in possession of the prominent facts which
have led to the present unhappy condition of things in Rhode Island — a state of
things which every lover of peace and good order must deplore. I shall not adven-
ture the expression of an opinion upon those questions of domestic policy which

* Omitted.

John Tylei 2144

seem to have given rise to the unfortunate controversies hetween a portion of the
citizens and the existing government of the State They are questions of municipal
regulation, the adjustment of which belongs exclusively to the people of Rhode
Island, and with which this Government can have nothing to do. For the regulation
of my conduct in any interposition which I may be called upon to make between the
government of a State and any portion of its citizens who may assail it with domestic
violence, or may be in actual insurrection against it, I can only look to the Consti-
tution and laws of the United States, which plainly declare the obligations of the
executive department and leave it no alternative as to the course it shall pursue.

By the fourth section of the fourth article of the Constitution of the United States
it is provided that "the United States shall guarantee to every State in this Union a
republican form of government, and shall protect each of them against invasion,
and, on application of the legislature or executive ( when the legislature can not be
convened), against domestic violence." And by the act of Congress approved on
the 28th February, 1795, it is declared "that in case of an insurrection in any State
against the government thereof it shall be lawful for the President of the United
States, upon application of the legislature of such State or by the executive ( when
the legislature can not be convened ) , to call forth such numbers of the militia of any
other State or States as may be applied for, as he may judge sufficient to suppress
such insurrection." By the third section of the same act it is provided "that when-
ever it may be necessary, in the judgment of the President, to use the military force
hereby directed to be called forth, the President shall forthwith, by proclamation,
command such insurgents to disperse and retire peaceably to their respective abodes
within a reasonable time." By the act of March 3, 1807, it is provided " that in all
cases of insurrection or obstruction to the laws, either of the United States or of any
individual State or Territory where it is lawful for the President of the United States
to call forth the militia for the purpose of suppressing such insurrection or of caus-
ing the laws to be duly executed, it shall be lawful for him to employ for the same
purposes such part of the land or naval force of the United States as shall be judged
necessary, having first observed all the prerequisites of the law in that respect."

This is the first occasion, so far as the government of a State and its people are
concerned, on which it has become necessary to consider of the propriety of exercis-
ing those high and most important of constitutional and legal functions.

By a careful consideration of the above-recited acts of Congress your excellency will
not fail to see that no power is vested in the Executive of the United States to antici-
pate insurrectionary movements against the government of Rhode Island so as to
sanction the interposition of the military authority, but that there must be an actual
insurrection, manifested by lawless assemblages of the people or otherwise, to whom
a proclamation may be addressed and who may be required to betake themselves to
their respective abodes. I have, however, to assure your excellency that should the
time arrive — and my fervent prayer is that it may never come — when an insurrection
shall exist against the government of Rhode Island, and a requisition shall l>c made
upon the Executive of the United States to furnish that protection which is guaran-
teed to each State by the Constitution and laws, I shall not lx> found to shrink from
the performance of a duty which, while it would be the most painful, is at the same
time the most imperative. I have also to say that in such a contingency the Execu-
tive could not look into real or supposed defects of the existing government i:i order
to ascertain whether some other plan of government proposed for adoption was let-
ter suited to the wants and more in accordance -with the wishes of any portion of her
citizens. To throw the Executive power of this Government into any such contro-
versy would be to make the President the armed arbitrator between the people of the
different States and their constituted authorities, and might lead to a usurped power
dangerous alike to the stability of the State governments and the liberties of the
people. It will be my duty, on the contrary, to respect the requisitions of that

2145 Messages and Papers of the .Presidents

government which has been recognized as the existing government of the State
through all time past until I shall be advised in regular manner that it has been
altered and abolished and another substituted in its place by legal and peaceable
proceedings adopted and pursued by the authorities and people of the State. Nor
can I readily bring myself to believe that any such contingency will arise as shall
render the interference of this Government at all necessary. The people of the State
of Rhode Island have been too long distinguished for their love of order and of regu-
lar government to rush into revolution in order to obtain a redress of grievances, real
or supposed, which a government under which their fathers lived in peace would
not in due season redress. No portion of her people will be willing to drench her fair
fields with the blood of their own brethren in order to obtain a redress of grievances
which their constituted authorities can not for any length of time resist if properly
appealed to by the popular voice. None of them will be willing to set an example,
in the bosom of this Union, of such frightful disorder, such needless convulsions of
society, such danger to life, liberty, and property, and likely to bring so much dis-
credit on the character of popular governments. My reliance on the virtue, intel-
ligence, and patriotism of her citizens is great and abiding, and I will not doubt but
that a spirit of conciliation will prevail over rash councils, that all actual grievances
will be promptly redressed by the existing government, and that another bright
example will be added to the many already prevailing among the North American
Republics of change without revolution and a redress of grievances without force or
violence.

I tender to your excellency assurances of my high respect and consideration.

JOHN TYLER.

His Excellency JOHN TYLER, NEWPORT, R. I., May 4,

President of the United States.

SIR: I transmit herewith certain resolutions passed by the general assembly of this
State at their session holden at Newport on the first Wednesday of May instant.

You are already acquainted with some of the circumstances which have rendered
necessary the passage of these resolutions. Any further information that may be
desired will be communicated by the bearers, the Hon. Richard K. Randolph, speaker
of the house of representatives, and Elisha R. Potter, esq., a member of the senate of
this State.

I can not allow myself to doubt but that the assistance to which this State is
entitled under the Constitution of the United States, to protect itself against domes-
tic violence, will be promptly rendered by the General Government of the Union.
With great respect, I am, Your Excellency's humble servant,

SAM. W. KING,
Governor of Rhode Island.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS,
In General Assembly, May Session, 1842.

Whereas a portion of the people of this State, for the purpose of subverting the
laws and existing government thereof, have framed a pretended constitution, and
For the same unlawful purposes have met in lawless assemblages and elected officers
for the future government of this State ; and

Whereas the persons so elected in violation of law, but in conformity to the said
pretended constitution, have, on the 3d day of May instant, organized themselves
into executive and legislative departments of government, and under oath assumed
the duties and exercise of said powers; and

Whereas in order to prevent the due execution of the laws a strong military force

John Tylei 2146

was called out and did array themselves to protect the said unlawful organization of
government and to set at defiance the due enforcement of law: Therefore,

Resolved by the general assembly, That there now exists in this State an insur-
rection against the laws and constituted authorities thereof, and that, in pursuance
of the Constitution and laws of the United States, a requisition be, and hereby is,
made by this legislature upon the President of the United States forthwith to inter-
pose the authority and power of the United States to suppress such insurrectionary
and lawless assemblages, to support the existing government and laws, and protect
tha State from domestic violence.

Resolved, That his excellency the governor be requested immediately to transmit
a copy of these resolutions to the President of the United States.

True copy.

Witness: HENRY BOWEN,

Secretary of State.

WASHINGTON, May 7, 1842.
The GOVERNOR OF THE STATE OP RHODE ISIAND.

SIR: Your letter of the 4th instant, transmitting resolutions of the legislature of
Rhode Island, informing me that there existed in that State "certain lawless assem-
blages of a portion of the people " "for the purpose of subverting the laws and over-
throwing the existing government," and calling upon the Executive "forthwith to
interpose the authority and power of the United States to suppress such insurrec-
tionary and lawless assemblages and to support the existing government and laws
and protect the State from domestic violence," was handed me on yesterday by
Messrs. Randolph and Potter.

I have to inform your excellency in reply that my opinions as to the duties of this
Government to protect the State of Rhode Island against domestic violence remain
unchanged. Yet, from information received by the Executive since your dispatches
came to hand I am led to believe that the lawless assemblages to which reference is
made have already dispersed and that the danger of domestic violence is hourly dimin-
ishing, if it has not wholly disappeared. I have with difficulty brought myself at
any time to believe that violence would be resorted to or an exigency arise which the
unaided power of the State could not meet, especially as I have from the first felt
persuaded that your excellency and others associated with yourself in the administra-
tion of the government would exhibit a temper of conciliation as well as of energy
and decision. To the insurgents themselves it ought to be obvious, when the excite-
ment of the moment shall have passed away, that changes achieved by regular and,
if necessary, repeated appeals to the constituted authorities, in a country so much
under the influence of public opinion, and by recourse to argument and remon-
strance, are more likely to insure lasting blessings than those accomplished by vio-
lence and bloodshed on one day, and liable to overthrow by similar agents on another.

I freely confess that I should experience great reluctance in employing the military
power of this Government against any portion of the people; but however painful
the duty, I have to assure your excellency that if resistance be made to the execution
of the laws of Rhode Island by such force as the civil power shall be unable to over-
come, it will be the duty of this Government to enforce the constitutional guaranty—
a guaranty given and adopted mutually by all the original States, of which number
Rhode Island was one, and which in the same way has been given and adopted by
each of the States since admitted into the Union; and if an exigency of lawless
violence shall actually arise the executive government of the United States, on the
application of your excellency under the authority of the resolutions of the legisla-
ture already transmitted, will stand ready to succor the authorities of the State in
their efforts to maintain a due respect for the laws. I sincerely hope, however, that

2147 Messages and Papers of the Presidents

no such exigency may occur, and that every citizen of Rhode Island will manifest
his love of peace and good order by submitting to the laws and seeking a redress of
grievances by other means than intestine commotions.
I tender to your excellency assurances of my distinguished consideration.

JOHN TYLER.

JOHN TYI.ER,

President of the United States.

SIR: As requested by the general assembly, I have the honor of transmitting to
you, under the seal of the State, the accompanying resolutions.
And I am, very respectfully, your obedient servant,

THOMAS W. DORR,
Governor of the State of Rhode Island and Providence Plantations.

STATE OK RHODE ISLAND AND PROVIDENCE PLANTATIONS,
General Assembly, May Session, in the City of Providence, A. D. 1842.

Resolved, That the governor be requested to inform the President of the United
States that the government of this State has been duly elected and organized under
the constitution of the same, and that the general assembly are now in session and
proceeding to discharge their duties according to the provisions of said constitution.

Resolved, That the governor be requested to make the same communication to the
President of the Senate and to the Speaker of the House of Representatives, to be
laid before the two Houses of the Congress of the United States.

Resolved, That the governor be requested to make the same communication to the
governors of the several States, to be laid before the respective legislatures.

A tr->e copy.

Witness:

[I.. S.] WM. H. SMITH,

Secretary of State.

Governor KING, of Rhode Island. MAY 9> l842'

SIR: Messrs. Randolph and Potter will hand you an official letter, but I think it
important that you should be informed of my views and opinions as to the best mode
of settling all difficulties. I deprecate the use of force except in the last resort, and
I am persuaded that measures of conciliation will at once operate to produce quiet. /
am well advised, if the general assembly would authorize you to announce a general
amnesty and pardon for the past, without making any exception, upon the condition
of a return to allegiance, and follow it up by a call for a new convention upon some-
what liberal principles, that all difficulty would at once cease. And why should not
this be done? A government never loses anything by mildness and forbearance to
its own citizens, more especially when the consequences of an opposite course may
be the shedding of blood. In your case the one-half of your people are involved in
the consequences of recent proceedings. Why urge matters to an extremity? If
you succeed by the bayonet, you succeed against your own fellow-citizens and by
the shedding of kindred blood, whereas by taking the opposite course you will have
shown a paternal care for the lives of your people. My own opinion is that the
adoption of the above measures will give you peace and insure you harmony. A
resort to force, on the contrary, will engender for years to come feelings of animosity.
I have said that I speak advisedly. Try the experiment, and if it fail then your
justification in using force becomes complete.
Excuse the freedom I take, and be assured of my respect.

JOHN TYLER.

John Tylet 2148

PROVIDENCE, R. I., May 12, 1842.
His Excellency the PRESIDENT OP UNITED STATES.

MY DEAR SIR: I have had the honor to receive your communication of gth instant
by Mr. Randolph, and assure you it has given me much satisfaction to know that
your views and opinions as to the course prcoer to be pursued by the government
of this State in the present unhappy condition of our political affairs is so much in
conformity with my own.

Our legislature will undoubtedly at their session in June next adopt such measures
as will be necessary to organize a convention for the formation of a new constitution
of government, by which all the evils now complained of may be removed.

It has already been announced as the opinion of the executive that such of our
citizens as are or have been engaged in treasonable and revolutionary designs against
the State will be pardoned for the past on the condition only that they withdraw
themselves from such enterprise and signify their return to their allegiance to the
governmer'..

With high consideration and respect, your obedient and very humble servant,

SAM. W. KING.

His Excellency JOHN TYT.ER, KINGSTON, R. I., May /5, 1842.

President of the United States.

DEAR SIR: We arrived at Newport on Wednesday morning in time to attend the
meeting of our legislature.

The subject of calling a convention immediately, and upon a liberal basis as to the
right of voting for the delegates, was seriously agitated amongst us. The only objec-
tion made was that they did not wish to concede while the peopled party continued
their threats. All allowed that the concession must be made, and the only differ-
ence of opinion was as to time.

For my own part, I fear we shall never see the time when concession could have
been made with better grace or with better effect than now. If two or three noisy
folks among the suffrage party could only have their mouths stopped for a week or
two, a reconciliation could be brought about at any time, or if Mr. Dorr would allow
himself to be arrested peaceably and give bail no one could then object. But the
supporters of the government say it is wrong to give up so long as Mr. Dorr threatens
actual resistance to the laws in case he is arrested. If this could be done, they would
then consider that they had sufficiently shown their determination to support the
laws, and the two measures which you proposed to us in conversation at Washing-
ton— a convention and then a. general amnesty — would succeed beyond a doubt.

Allow me to suggest that if Mr. Wickliffe, or someone who you might think would
have most influence, would address a letter to Governor Fenner on the subject of
conciliation it might be of great service. Governor F. is the father-in-law of General
Mallett and a member of our senate.

Our assembly adjourned to the third Monday of June, but it is in the power of the
governor to call it sooner, which can be done in a day at any time. Unless, however,
there is a little more prudence in the leaders on both sides, we shall then l>e farther
from reconciliation than now. The great mass of both parties I believe to be sin-
cerely anxious for a settlement.

I do not know whether a letter addressed to the President upon a subject of thi«
naiu;e would of course be considered as public and liable to inspection. Few would
write freely if that were the case. If private, I will cheerfully communicate from
time to time any information that may be in my power ami which might be of any
service.

I am, sir, very respectfully, your obedient servant,

KUSIIA R. POTTKR.

Mr. Dorr returned to Providence this (Monday) morning with an armed escort.

2149 Messages and Papers of the Presidents

EUSHA R. POTTER, Esq. WASHINGTON, May *>, ^.

DEAR SIR: You have my thanks for your favor of the i6th [i5th] instant, and I
have to request that you will write to me without reserve whenever anything of
importance shall arise. My chief motives for desiring the adoption of the measures
suggested to you, viz, a general amnesty and a call of a convention, were, first,
because I felt convinced that peace and harmony would follow in their train, and,
secondly, if in this I was disappointed the insurgents would have had no longer a
pretense for an appeal to the public sympathies in their behalf. I saw nothing to
degrade or to give rise to injurious reflections against the government of the State
for resorting to every proper expedient in order to quiet the disaffection of any por-
tion of her own people. Family quarrels are always the most difficult to appease,
but everybody will admit that those of the family who do most to reconcile them
are entitled to the greatest favor. Mr. Dorr's recent proceedings have been of so
extravagant a character as almost to extinguish the last hope of a peaceable result,
and yet I can not but believe that much is meant for effect and for purposes of
intimidation merely. I certainly hope that such may be the case, though the recent
proceedings in New York may have excited new feelings and new desires. This
mustering of the clans may place Governor King in a different situation from that
which he occupied when I had the pleasure of seeing you. Then he might have
yielded with grace; whether he can do so now is certainly a question of much
difficulty and one on which I can not venture to express an opinion at this distance
from the scene of action.

I shall be always most happy to hear from you, and your letters will never be used
to your prejudice.

Accept assurances of my high respect. TOHN TYLER

The PRESIDENT OF THE UNITSD STATES. PROVIDENCE, May ,6, 1842.

SIR: At the request of Governor King, I inclose to you an extra of the Providence
Daily Express of this morning, containing the proclamation of Thomas W. Dorr to
the people of this State.

It states definitely the position assumed by him and his faction against the gov-
ernment of this State and of the United States.

His excellency tenders to you the highest respect and consideration.

Respectfully, yours, THOS_ A JENCKES|

Private Secretary.

STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS.

A PROCLAMATION.
BY THOMAS w. DORK., GOVERNOR AND COMMANDER IN CHIEF OF THE SAME.

FELLOW-CITIZENS: Shortly after the adjournment of the general assembly and
the completion of indispensable executive business I was induced by the request
of the most active friends of our cause to undertake the duty ( which had been pre-
viously suggested) of representing in person the interests of the people of Rhode
Island in other States and at the seat of the General Government. By virtue of a
resolution of the general assembly, I appointed Messrs. Pearce and Anthon, commis-
sioners for the same purpose.

Of the proposed action of the Executive in the affairs of our State you have been
already apprised. In case of the failure of the civil posse (which expression was
intended by the President, as I hnvo been informed, to embrace the military power)
to execute any of the laws of the charter assembly, including their law of pains

John Tylei 2150

and penalties and of treason, as it has been for the first time defined, the President
intimates an intention of resorting to the forces of the United States to check the
movements of the people of this State in support of their republican constitution
recently adopted.

From a decision which conflicts with the right of sovereignty inherent in the peo-
ple of this State and with the principles which lie at the foundation of a democratic
republic an appeal has been taken to the people of our country. They understand
our cause; they sympathize in the injuries which have been inflicted upon us; they
disapprove the course which the National Executive has adopted toward this State,
and they assure us of their disposition and intention to interpose a barrier between
the supporters of the people's constitution and the hired soldiery of the United States.
The democracy of the country are slow to move in any matter which involves an
issue so momentous as that which is presented by the controversy in Rhode Island,
but when they have once put themselves in motion they are not to be easily diverted
from their purposes. They believe that the people of Rhode Island are in the right;
that they are contending for equal justice in their political system; that they have
properly adopted a constitution of government for themselves, as they were entitled
to do, and they can not and will not remain indifferent to any act, from whatever
motive it may proceed, which they deem to be an invasion of the sacred right of self-
government, of which the people of the respective States can not be divested.

As your representative I have been everywhere received with the utmost kindness
*nd cordiality. To the people of the city of New York, who have extended to us
the hand of a generous fraternity, it is impossible to overrate our obligation at this
most important crisis.

It has become my duty to say that so soon as a soldier of the United States shall
be set in motion, by whatever direction, to act against the people of this State in aid
of the charter government I shall call for that aid to oppose all such force, which, I
am fully authorized to say, will be immediately and most cheerfully tendered to the
service of the people of Rhode Island from the city of New York and from other
places. The contest will then become national, and our State the battle ground of
American freedom.

As a Rhode Island man I regret that the constitutional question in this State can
not be adjusted among our own citizens, but as the minority have asked that the
sword of the National Executive may be thrown into the scale against the people, it
is imperative upon them to make the same appeal to their brethren of the States —
an appeal which they are well assured will not be made in vain. They who have
been the first to ask assistance from abroad can have no reason to complain of any
consequences which may ensue.

No further arrests under the law of pains and penalties, which was repealed by the
general assembly of the people at their May session, will be permitted. I hereby
direct the military, under their respective officers, promptly to prevent the same and
to release all who may be arrested under said law.

As requested by the general assembly, I enjoin upon the militia forthwith to elect
their company officers; and I call upon volunteers to organi/.c themselves without
delay. The military are directed to hold themselves in readiness for immediate
sen-ice.

Given under my hand and the seal of the State, at the city of Providence, this 6th
day of May, A. D. 1842.

[L. s.] THOMAS W. DORR,

Governor and Commander in Chief of the State of

Rhode Island and Providence Plantations.

By the governor's command :

II. SMITH,
Secretary of State.

2151 Messages and Papers of the Presidents

PROVIDENCE, R. I., May 25 , 184*.
The PRESIDENT OF THE UNITED STATES.

SIR: Since my last communication the surface of things in this city and State has
been more quiet. The complete dispersing of the insurgents and flight of their leader
on Wednesday last, i8th instant, seem to have broken their strength and prevented
them from making head openly in any quarter.

But another crisis now appears to be approaching. By the private advices received
by myself and the council from our messengers in the neighboring States we learn
that Dorr and his agents are enlisting men and collecting arms for the purpose of
again attempting to subvert, by open war, the government of this State. Those who
have assisted him at home in his extreme measures are again holding secret councils
and making preparations to rally on his return. Companies of men pledged to
support him have met and drilled in the north part of this State during the present
week.

From the forces which he can collect among our own citizens we have nothing to
fear. Our own military strength has once scattered them, and could as easily do so
a second time. But if the bands which are now organizing in Massachusetts, Con-
necticut, and New York should make the incursion which they threaten, with Dorr
at their head, we have reason to apprehend a civil war of the most destructive and
vindictive character. Our own forces might be sufficient to repel them, but having
little discipline and no officer of military experience to lead them, they could not do
it without the loss of many valuable lives.

For the evidence that such forces are organizing in other States, I refer Your
Excellency to a letter from Governor Seward, of New York, and to a statement made
by one of our messengers to the council, which will be handed you. Other messen-
gers confirm to the fullest extent the same intelligence.

In this posture of affairs I deem it my duty to call upon Your Excellency for the
support guaranteed by the Constitution and laws of the United States to this govern-
ment. I would submit to Your Excellency whether a movement of a sufficient body
of troops to this quarter, to be stationed at Fort Adams, and to be subject to the
requisitions of the executive of this State whenever in his opinion the exigency
should arise to require their assistance, would not be the best measure to insure
peace and respect for the laws and to deter invasions.

You will see by the statement* of the secret agent of the government that the
time set for this incursion is very near. The mustering of the insurgents and their
movement upon the city will probably be with the greatest expedition when once
commenced — in a time too short for a messenger to reach Washington and return
with aid. I therefore make this application before any movement of magnitude on
their part, in order that we may be prepared at the briefest notice to quell domestic
insurrection and repel invasion. SAM W KING

Governor of Rhode Island.

EXECUTIVE DEPARTMENT,

His Excellency SAMUEL WARD KING, Alban^ Ma* **> f8**'

Governor of Rhode Island.

SIR: In compliance with your excellency's requisition, I have this day issued a
warrant for the arrest of Thomas Wilson Dorr, esq., charged in Rhode Island with
the crime of treason. The warrant will be delivered to a police officer of this city,
who will attend Colonel Pitman and be advised by him in regard to the arrest of the
fugitive should he be found in this State.

May I be allowed to siij^fst to your excellency that a detention of the accused in

* Omitted.

John Tylet 2152

this State •would be liable to misapprehension, and if it should be in a particular
region of this State might, perhaps, result in an effort to rescue him. Therefore it
seems to be quite important that your excellency should without delay designate,
by a communication to me, an agent to receive the fugitive and convey him to
Rhode Island.

I have the honor to be, with very high respect and consideration, your excellency's
obedient servant, WILLIAM H. SEWARD.

His Excellency Governor KING. WASHINGTON CITY, May rf, 184*.

SIR: I have received your excellency's communication of the 25th instant, inform-
ing me of efforts making by Mr. Dorr and others to embody a force in the contiguous
States for the invasion of the State of Rhode Island, and calling upon the Executive
of the United States for military aid.

In answer I ha^e to inform your excellency that means have been taken to ascer-
tain the extent of the dangers of any armed invasion by the citizens of other States
of the State of Rhode Island, either to put down her government or to disturb her
peace. The apparent improbability of a violation so flagrant and unprecedented of
all our laws and institutions makes me, I confess, slow to believe that any serious
attempts will be made to execute the designs which some evil-minded persons may
have formed.

But should the necessity of the case require the interposition of the authority of
the United States it will be rendered in the manner prescribed by the laws.

In the meantime I indulge a confident expectation, founded upon the recent mani-
festations of public opinion in your State in favor of law and order, that your own
resources and means will be abundantly adequate to preserve the public peace, and
that the difficulties which have arisen will be soon amicably and permanently adjusted
by the exercise of a spirit of liberality and forbearance. TOHN TYLER

The Secretary of War will issue a private order to Colonel Bankhead, commanding
nt Newport, to employ, if necessary, a private and confidential person or persons to
go into all such places and among all such persons as he may have reason to believe
to be likely to give any information touching Rhode Island affairs, and to report witli
the greatest dispatch, if necessary, to the President. He will also address a letter to
General Wool conveying to him the fears entertained of a hostile invasion contem-
plated to place Dorr in the chair of state of Rhode Island by persons in the States of
Connecticut and New York, and also to General Eustis, at Boston, of a similar char-
acter, with instructions to adopt such inquiries (to be secretly made) as they may
deem necessary, and to report with the greatest dispatch all information which from
time to time Miey may acquire.

(.Indorsed: "President's instructions, May 28, 1842.")

WAR DEPARTMENT, May 28, 1842.
Colonel BANKHKAD,

Newport, R. L

SIR: The governor of Rhode Island has represented to the President that prep-
arations are making by Mr. Dorr and some of his adherents to recruit men in the
neighboring States for the purpose of supporting his usurpation of the powers of
government, and that he has provided arms and camp equipage for a large miinher
of men. It is very important that we should have accurate information on this
subject, and particularly in relation to the movements made in other States. I
have therefore to desire you to employ proper persons to go to the places where it
may be supposed such preparations are making to possess themselves fully of all

2153 Messages and Papers of the Presidents

that is doing and in contemplation, and report frequently to you. It is said that Mr.
Dorr's principal headquarters are at the town of Thompson, in the State of Con-
necticut. It may be well for you to communicate personally with Governor King
and ascertain from him the points and places at which any preparations for embody-
ing men are supposed to be making, and to direct your inquiries accordingly.

It is important that you should select persons on whose integrity and accuracy
the fullest reliance can be placed. They should not be partisans on either side,
although to effect the object it will of course be necessary that some of them should
obtain (if they do not already possess) the confidence of the friends of Mr. Dorr.
You will please communicate directly to me all the information you obtain, and
your own views of it.

It is scarcely necessary to say that this communication is of the most private and
confidential character, and is not to be made known to anyone.

Respectfully, your obedient servant, , ~

Brigadier-General EusMS, WAR DEPARTMENT, May 29, 1842.

Boston.

SIR: The governor of Rhode Island has represented to the President that prepara-
tions are making in other States (particularly in Massachusetts) for an armed invasion
of that State to support the usurpations of Mr. Dorr and his friends and foment domes-
tic insurrection. It is very important that we should have accurate information ou
this subject, and I have to desire you to take all necessary means to acquire it, and
communicate directly to me as speedily and frequently as possible. It is said that
1,000 stand of arms have been procured in Boston, some pieces of artillery, and a large
quantity of camp equipage for the use of the insurgents. Your attention to this is
particularly desired to ascertain its truth or falsehood. It is also said that there are 200
men enrolled and embodied in a town upon the borders of Rhode Island, the name of
which has escaped me. Please inquire into this. If it becomes necessary to employ
confidential persons to discover what is doing, you will do so, being careful to select
those only that are entirely trustworthy; and it will be desirable to avoid heated parti-
sans on either side. Their inquiries should be conducted quietly and privately.

I desire you to communicate fully and freely what you may learn and your views
concerning it for the information of tht. President and the Department.

It is scarcely necessary to say that this communication is strictly private and con-
fidential.

Respectfully, your obedient servant, ry ^ SPENCER 1

The PRESIDENT. NEW YoRK' June * l8^-

MY DEAR SIR: I came to this city yesterday, having taken a severe cold on the
Sound, and am now just out of my bed. I transmit herewith a letter from — — ,
a friend appointed by me, as you requested, to look into the Rhode Island business.
Mr. - has had access to authentic sources in Governor Dorr's party, and I have
no doubt his account of the whole matter is perfectly just. I supposed I should
receive the foreign mail here, but I shall not wait for it if I should feel well enough
to travel to-morrow.

Yours, truly, DANL WEBSTER.

Hon. DANIEL WEBSTER, NEW YoRK' June 3> '***'

Secretary of State.

DEAR SIR: In pursuance of the arrangement made when you were in Boston, I
have visited the State of Rhode Island, and, so far as could be done, possessed myself

THE BATTLE OF CONTRERAS, 1X47

BATTLE OF CONTRERAS.

This battle was fought on August JO, 1847, between the Mexican forces
and the American troops under General Scott righting their way to Mexico
City; and resulted in a victory for the Americans. The battle immediately
preceded the battle of Churubusco. which definitely opened up the road
to the capital of Mexico for Scott's forces. (See Contreras, Battle of, in
Encyclopedic Index.)

John Tylet 2154

of a knowledge of the existing state of things there. I had a full and free interview
with Governor King and his council, as well as with several other gentlemen upon
each side of the matter in controversy. All agree that, so far as the people of Rhode
Island are concerned, there is no danger of any further armed resistance to the legiti-
mate authorities of the State. It was never intended, probably, by the majority of
those called the suffrage party to proceed in any event to violence, and when they
found themselves pushed to such an extremity by their leaders they deserted their
leaders and are now every day enrolling themselves in the volunteer companies
which are being organized in every part of the State for the suppression of any fur-
ther insurrectionary movements that may be made. A large majority of those elected
or appointed to office under the people's constitution (so called) have resigned their
places and renounced all allegiance to that constitution and the party which sup-
ports it, so that the insurgents are now without any such organization as would
enable them to carry out their original purposes if they otherwise had the power.

Governor King and his council alone, of all the intelligent persons with whom I
consulted, fear an irruption upon them of an armed force to be collected in other
States, and this is the only difficulty of which they now have any apprehension.
This fear is excited by the boasts frequently made by the few who still avow their
determination to adhere to the constitution that they have at their control large
bodies of armed men, as well as camp equipage, provisions, money, and munitions
of war, which have been provided for them in Massachusetts, Connecticut, and New
York. The supposition that Rhode Island is to be invaded by a foreign force, when
that force would neither be led nor followed by any considerable number of the
people of the State, does not seem, to say the least, to be a very reasonable one. If
those who think they are suffering injustice are not disposed to make an effort to
redress their supposed wrongs, they would hardly expect the work to be done by
others.

The ostensible object of the insurgents now is not the real one. They meditate no
further forcible proceedings. They bluster and threaten for several reasons:

First. Because they suppose they shall thus break their fall a little and render
their retreat a little less inglorious than it would be if they should beat it at once.

Second. They believe that if they keep up a shew of opposition to the existing
government they shall be more likely to revolutionize it by peaceable measures; and

Third. They think they can make their influence so far felt as to operate favorably
upon those who are now under arrest for treason or who may be hereafter arrested
for the same offense.

That these are the views and purposes of the insurgents I am confidentially assured
by the notorious individual from whom I told you I could learn their plans and
designs; and no one has better means of knowing than he, having been himself one
of Mr. Dorr's confidential advisers from the beginning.

The meeting at Woonsocket on the ist did not amount to much, being but thinly
attended. The projected fortifications at that place have been abandoned. It is
said they will be thrown up in some other spot to be designated hereafter, but this
is not believed.

Mr. Dorr is now understood to be lurking in this city. Warrants have been issued
for his arrest both by the governor of this State and the governor of Massachusetts,
but he moves so privately and shifts his whereabouts so often that he eludes his
pursuers.

Under all the circumstances I think you will come to the opinion entertained by
seven-eighths of all the people of Providence (the scene of his operations thus far)
that, deserted by his followers at home and disgraced in the estimation of those who
sympathized with him abroad, .Mr. Dorr has it not iu his power to do any further
serious mischief.

Yours, very truly,

2155 Messages and Papers of the Presidents

PROVIDENCE, R. 1., June 22, 1842.
Hon. J. C. SPENCER,

Secretary of War.

SIR: When I last had the honor to write to you I felt confident that there would
be no further disturbance of the peace in this State. Governor King was of the same
opinion. But I now fear, from strong indications, that Mr. Dorr and his party are
determined to enter the State in force, and that in a few days serious difficulties will
arise.

On my arrival here this morning from Newport, on my way to New York, I learnt
from undoubted authority that several large boxes of muskets, supposed to contain
about eighty, were received the evening before last at Woonsocket from New York;
that several mounted cannon had been also received there and forwarded on to Che-
pachet; that a number of men, not citizens of the State, with arms, were in and about
Woonsocket and Chepachet; that forty-eight kegs of powder were stolen on Sunday
night last from a powder house in this neighborhood, and that Dorr, with about
twenty men, landed last evening at Norwich.

An unsuccessful attempt was made two nights ago to steal the guns of the artillery
company at Warren, and at several other places where guns had been deposited by
the State, by some of Dorr's men, one of whom has been identified and arrested.

It has been observed for several days past that many of the suffrage party and
residents of this city have been sending off their families and effects. The inhab-
itants of the city are seriously alarmed and in a state of much excitement. An
express to convey the above intelligence to Governor King at Newport will be
immediately sent down by the mayor of the city.

I shall be in New York early to-morrow morning ready to receive uuy instructions
you may think proper to honor me with.

I have been compelled to write this in haste.

I am, sir, with great respect, your obedient servant,

JAS. BANKHEAD,
Colonel Second Regiment Artillery.

CITY OK PROVIDENCE, MAYOR'S OFFICE,

June 23, 1842.

SIR:* Governor King, having gone to Newport this afternoon, has requested me
to forward his letter to Your Excellency, with such depositions as I could procure
concerning the state of affairs in the north part of the State. These documents will
be taken on by the Hon. William Sprague, our Senator, who intends leaving to-night
for Washington. Should any accident prevent Mr. Sprague from going, I shall for-
ward them to be put in the mail. I inclose the depositions f of Messrs. Samuel W.
Peckham and Charles I. Harris. Messrs. Keep and Shelley, whom I sent out, have
just returned. If I can get their depositions in time, I shall also forward them.

About II a. m. this day a body marched from Woonsocket to Chepachet amounting
to 90 men, and other small bodies arc marching in that direction, so that I suppose
that about 400 will be concentrated at Chepachet this evening.

In this city there is much excitement, but no symptoms as yet of men gathering
with arms. There are many who I fear will be ready to join in any mischief should
Dorr's forces approach us. Up to 8 o'clock this morning Mr. Dorr was in Connecti-
cut, but a gentleman from Chepachet informs me his friends expect him this day.
I remain, with great respect, your obedient servant,

TIIOS. M. BURGESS,

Mayor.

*Addressed to the President of the United States.
f Omitted.

John Tylct 2156

EXECUTIVE DEPARTMENT,

His Excellency JOHN TYWJR, Providence, June 23, 1842.

President of the United States.

SIR: After rny last communication the excitement and military operations; of the
insurgents against the government of this State appeared to subside, and I indulged
hopes that no open violence would be attempted, but that they were disposed to
await the action of the general assembly, now in session at Newport. I regret that
I am obliged to inform Your Excellency that within a few days past appearances
have become more alarming. Several iron cannon have been stolen from citizens of
Providence, and during the night of the igth a powder house, owned by a merchant
of Providence, was broken open and about 1,200 pounds of powder stolen therefrom.
Yesterday the military operations of the insurgents became more decided in their
character. At \Voonsocket and Chepachet there were gatherings of men in military
array, pretending to act under the authority of Thomas W. Dorr. They established a
kind of martial law in those villages, stopped peaceable citizens in. the highways, and
at Chepachet four citizens of Providence were seized by an armed force, pinioned,
and compelled to march about 10 miles under a guard of about forty men to \Voon-
socket, where they were cruelly treated under pretense of being spies. The insurgents
are provided with cannon, tents, ammunition, and stores.

It is ascertained that Thomas W. Dorr has returned from the city of New York to
the State of Connecticut, and I have reason to believe he will be at Chepachet this
day, where he will concentrate what forces he has already \mdcr arms with such
others as he can collect. Those already assembled are composed of citizens of other
States as well as of our own, and are variously estimated at 500 to 1,000 men.

I have this morning had an interview with Colonel Bankhead, who will commu-
nicate to the War Department such facts as have come to his knowledge. I would
further state to Your Excellency that in those villages and their vicinity l.he civil
authority is disregarded and paralyzed.

Under these circumstances I respectfully submit to Your Excellency that the crisis
has arrived when the aid demanded by the legislature of the State from the Federal
Government is imperatively required to furnish that protection to our citizens from
domestic violence which is guaranteed by the Constitution and laws of the United
States.

I confidently trust that Your Excellency will adopt such measures as will afford
us prompt and efficient relief.

I remain, with great consideration, your obedient servant,

SAM. W. KING.

Governor KING. WASHINGTON-, June 25, iSj*.

SIR: Your letter of the 23d instant was this day received by the hands of Governor
Sprague, together with the documents accompanying the same. Your excellency
has unintentionally overlooked the fact that the legislature of Rhode Island is now
in session. The act of Congress gives to the Executive of the United States no power
to summon to the aid of the State the military force of the United States unless an
application shall be made by the legislature if in session; and that the State execu-
tive can not make such application except when the k-gislature can not be convened.
(See act of Congress, February 28, 1795.)

I presume that your excellency has been led into the error of making this applica-
tion (the legislature of the State being in session at the date of your dispatch) from
a misapprehension of the true import of my letter of Jth May last. I lose no time
in correcting such misapprehension if it exist.

Should the legislature of Rhode Island deem it proper to make a similar applica-
tion to that addressed to me by your excelleucy, their communication shall receive
70

2157 Messages and Papers of the Presidents

all the attention which will be justly due to the high source from which such appli-
cation shall emanate.

I renew to your excellency assurances of high consideration.

J. TYLER.

Hon. JOHN C. SPENCER, PROVIDENCE, R. I., June 23, 1842.

Secretary of War.

SIR: I addressed you yesterday afternoon in great haste, that my letter might go
by the mail (then about being closed), to inform you of the sudden change in the
aspect of affairs in this State, and also to inform you that I should be this morning
at Governors Island, New York.

At the urgent solicitation of Governor King, who crossed over from Newport to
Stonington to intercept me on the route, I returned last night to this place from Ston-
ington, having proceeded so far on my way to New York.

In addition to what I stated in my letter yesterday, I learn from Governor King
(who has just called on me) that four citizens of this city who had gone to Chepachet
to ascertain what was going on there were arrested as spies by the insurgents, bound,
and sent last night to Woonsocket, where they were confined when his informer left
there at 8 o'clock this morning; also that martial law had been proclaimed by the
insurgents at Woonsocket and Chepachet, and no one was allowed to enter or depart
from either place without permission.

The citizens of this city are in a state of intense excitement.

I shall return to-morrow to Newport to await any instructions you may be pleased
to favor me with.

I have the honor to be, sir, with great respect, your obedient servant,

JAS. BANKHEAD,
Colonel Second Regiment Artillery.

Brigadier-General R. JONES, PROVIDENCE, R. I. , June 23, 1842.

Adjutant-General United States Army.

SIR: I left Newport yesterday morning to return to Fort Columbus, with the belief
that my presence could no longer be necessary for the purpose I had been ordered
there for. The legislature was in session, and, as I was well assured, determined
honestly and faithfully to adopt measures to meet the wishes of the citizens of this
State to form a constitution on such liberal principles as to insure full satisfaction
to all patriotic and intelligent men who had any interest in the welfare of the State.
The well-known intention of the legislature in this respect would, I hoped and
believed, reconcile the factious and produce tranquillity. But the aspect of affairs
has suddenly become more threatening and alarming. There is an assemblage of
men at Woonsocket and Chepachet, two small villages (say 15 miles distant hence)
on the borders of Connecticut, composed principally of strangers or persons from
other States. They have recently received 75 muskets from Boston and 80 from
New York, in addition to former supplies. They have also several mounted cannon
and a large quantity of ammunition, 48 kegs of which they stole from a powder
house not far distant from this, the property of a manufacturer of powder. Dorr,
it is supposed, joined his party at one of the above-named places the night before
last; he has certainly returned from New York and passed through Norwich. His
concentrated forces are variously estimated at from 500 to 1,000 men.

I had proceeded thus far yesterday afternoon on my return to New York, and had
taken my seat in the cars for Stonington, when an express from Governor King, who
was at Newport, overtook me, to request that I would not leave the State; too late,
however, for me then to stop here, as the cars were just moving off. On getting
to Stonington I there found Governor King, who had crossed over from Newport to
miercept me, and at his solicitation I at once returned with him last night in an extra

John Tyler 2158

car to this place. Not then having a moment's time to write you, as the steamboat
left immediately on the arrival of the cars at Stonington, I sent my adjutant on in the
boat with directions to report to you the fact and the cause of my return.

I had written thus far when the governor called on me, and has informed me that
four citizens of this State, who had gone to Chepachet to ascertain the exact state oi
affairs there, were arrested as spies, bound, and sent last night to Woonsocket, where
two hours ago they were still in confinement. Martial law has been declared in Che-
pachet and Woonsocket, and no one allowed to enter or depart without permission.
I yesterday afternoc n wrcte to the Secretary of War ( as I had been directed ) , in great
haste, however, to send by the mail, to inform him of the sudden change in the aspect
of affairs here; in which letter I stated that I should be at Governors Island this morn-
ing. As I, of course, then did not contemplate to the contrary, I beg you will do me
the favor to acquaint him with the cause of my return.

I can only add that the citizens of this place are in a state of intense anxiety and
excitement. I remain here to-day at the special request of several who have just left
me. To-morrow I shall return to Newport to await any communication from you.
I am, sir, very respectfully, your obedient servant,

JAS. BANKHEAD,
Colonel Second Regiment Artillery.

PROVIDENCE, R. I. , June 27, 1842.

SIR:* As there was no mail yesterday from this, I could make no report to the
Major-General Commanding of the military movements in this quarter up to that
time. Since my last letter to you most of the volunteers and other military com-
panies called out by the governor have assembled here to the amount of about 2,000
men. The force of the insurgents under the immediate direction of Mr. Dorr, and
concentrated at Chepachet, is estimated at from 800 to i ,000 men armed with mus-
kets, about 1,500 without arms, and 10 or 12 cannon mounted.

It seems to be impossible to avoid a conflict between the contending parties with-
out the interposition of a strong regular force.

The State force here can defend this city, and it might successfully attack the
insurgent force at Chepachet; but there would be danger in leaving the city without
adequate means of protection to it, as there is doubtless a large number within the
city with concealed arms ready to commence hostilities.

The position taken by Dorr's troops at Chepachet is naturally strong, and has been
much strengthened by intrenchments, etc. It would therefore be highly imprudent
to make the attack, even if no secret foes were left behind within the city, without a
positive certainty of success; and with the aid of a few disciplined troops a defeat
there would be ruinous and irreparable.

A force of 300 regular troops would insure success, and probably without bloodshed.
I am, sir, very respectfully, your obedient servant,

JAS. BANKHEAD,
Colonel Second Regiment Artillery.

The PRESIDENT OF THE UNITED STATES. WASHINGTON, June 27, 184*.

SIR: The intelligence from Rhode Island since the call was made on you by the
Senators from that State is of a character still more serious and urgent than that
then communicated to you by Mr. Sprague, who was charged with communications
to Your Excellency from Governor King. We ate informed that a requisition was
made upon the Government of the United States by the governor of Rhode Island,
pursuant to resolutions passed by the general assembly of that State when in session
in May last, calling for a proclamation against those engaged in an armed rebellion
against the government of Rhode Island and for military aid in suppressing the
same; that Your Excellency replied to Governor King that in the opinion of the

* Addressed to Brigadier-General R. Jones, Adjutant-General United States Army.

2159 Messages and Papers of the Presidents

Executive the force arrayed against the government of the State was not then such
as to warrant immediate action on his part, but that Your Excellency in your reply
proceeded to say: " If an exigency of lawless violence shall actually arise, the execu-
tive government of the United States, on the application of your excellency under
the authority of the resolutions of the legislature already submitted, will stand ready
to succor the authorities of the State in their efforts to maintain a due respect for the
laws." Whereby it was understood that in the event of the assembling of such an
armed force as would require the interference contemplated by the Constitution and
laws of the United States the Executive of the United States, upon being duly noti-
fied of the fact by the governor of the State, would act upon the requisition already
made by the legislature without further action on the part of that body.

We understand that upon this notice being given through the communications
handed you by Mr. Sprague on Saturday, containing proof of the existence and array
of a large body of armed men within the State of Rhode Island, who had already
committed acts of lawless violence, both by depredating largely upon property in
various parts of the State and by capturing and confining citizens, as well as owning
and manifesting -i determination to attack the constituted authorities, you considered
that it was desirable that this communication should have been accompanied with
a further resolution of the general assembly authorizing the governor to act in this
instance, from the fact that the assembly was then in session by adjournment.

It is the purpose of this communication respectfully to state that we conceive
the existing circumstances call for the immediate action of the Executive upon the
information and papers now in its possession.

The meeting of the legislature during the last week was by adjournment. It is in
law regarded as the May session of the general assembly, and can be regarded in no
other light than if it had been a continuous session of that body held from day to day
by usuaf adjournments. Had this last been the case, it can not be conceived that
new action on its part would have been required to give notice of any movements of
hostile forces engaged in the same enterprise which was made known to the Execu-
tive by its resolutions of May last.

Our intelligence authorizes us to believe that a multitude of lawless and violent
men, not citizens of Rhode Island, but inhabitants of other States, wickedly induced
by pay and by hopes of spoil, and perhaps instigated also by motives arising from
exasperation on the part of their instigators and of themselves at the course hereto-
fore indicated in this matter by the executive government of the Union, have congre-
gated themselves and are daily increasing their numbers within the borders of our
State, organized, armed, and arrayed in open war upon the State authorities, and
ready to be led, and avowedly about to be led, to the attack of the principal city of
the State as part of the same original plan to overthrow the government, and that
in the prosecution of this plan our citizens have reason to apprehend the most des-
perate and reckless assaults of ruffianly violence upon their property, their habita-
tions, and their lives.

We beg leave to refer you, in addition, to a letter which we understand was
received yesterday by General Scott from Colonel Baiikhead, detailing some infor-
mation in his possession.

We therefore respectfully request an immediate compliance on the part of the
Executive with the requisition communicated in the papers from Governor King, as
the most effectual, and, in our opinion, the only measure that can now prevent the
effusion of blood and the calamities of intestine violence, if each has not already
occurred.

\Ve are, with the highest respect, Your Excellency's obedient servants,

JAMES R SIMMONvS.
\VM. SPRAGUE.
JOSEPH L. TILUNGIIAST.

John Tyler 2160

The SECRETARY OF WAR. WASHINGTON, /««, x>,

SIR: From the official communication of Colonel Bankhead to you, this day laid
before me, it is evident that the difficulties in Rhode Island have arrived at a crisis
which may require a prompt interposition of the Executive of the United States to
prevent the effusion of blood. From the correspondence already had with the gov-
ernor of Rhode Island I have reason to expect that a requisition will be immediately
made by the government of that State for the assistance guaranteed by the Constitu-
tion to protectits citizens from domestic violence. With a view to ascertain the true
condition of things and to render the assistance of this Government (if any shall be
required) as prompt as may be, you are instructed to proceed to Rhode Island, and,
in the event of a requisition being made upon the President in conformity with the
laws of the United States, you will cause the proclamation herewith delivered to be
published. And should circumstances in your opinion render it necessary, you will
also call upon the governors of Massachusetts and Connecticut, or either of them,
for such number and description of the militia of their respective States as may be
sufficient to terminate at once the insurrection in Rhode Island. And in the mean-
time the troops in the vicinity of Providence may with propriety be placed in such
positions as will enable them to defend that city from assault.

JOHN TYLER.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.

Whereas the legislature of the State of Rhode Island has applied to the President of
the United States setting forth the existence of a dangerous insurrection in that State,
composed partly of deluded citizens of the State, but chiefly of intruders of danger-
ous and abandoned character coming from other States, and requiring the immediate
interposition of the constitutional power vested in him to be exercised in such cases,
I do issue this my proclamation, according to law, hereby commanding all insurgents
and all persons connected with said insurrection to disperse and retire peaceably to
their respective abodes within twenty-four hours from the time when this proclama-
tion shall be made public in Rhode Island.

In testimony whereof I have caused the seal of the United States to be hereunto
affixed, and signed the same with my hand.

Done at the city of Washington this - day of • — t A. D. 1842, and of the
Independence of the United States the sixty-sixth.

[i.. S.] JOHN TYLER,

By the President:

DAN t,. WEBSTER,

Secretary of State.

WASHINGTON, April 22, 184.4.
To the Senate of the United Stales:

I transmit herewith, for your approval and ratification, a treaty which
I have caused to be negotiated between the United States and Texas,
whereby the latter, on the conditions therein set forth, has transferred
and conveyed all its right of separate and independent sovereignty and
jurisdiction to the United States, in taking so important a step I have
been influenced by what appeared to me to be the most controlling con-
siderations of public policy and the general good, and in having accom-
plished it, should it meet with your approval, the Government will have

2161 Messages and Papers of the Presidents

succeeded in reclaiming a territory which formerly constituted a portion,
as it is confidently believed, of its domain under the treaty of cession of
1803 by France to the United States.

The country thus proposed to be annexed has been settled principally
by persons from the United States, who emigrated on the invitation of
both Spain and Mexico, and who carried with them into the wilderness
which they have partially reclaimed the laws, customs, and political and
domestic institutions of their native land. They are deeply indoctrinated
in all the principles of civil liberty, and will bring along with them in the
act of reassociation devotion to our Union and a firm and inflexible reso-
lution to assist in maintaining the public liberty unimpaired — a considera-
tion which, as it appears to me, is to be regarded as of no small moment.
The country itself thus obtained is of incalculable value in an agricul-
tural and commercial point of view. To a soil of inexhaustible fertility
it unites a genial and healthy climate, and is destined at a day not distant
to make large contributions to the commerce of the world. Its territory
is separated from the United States in part by an imaginary line, and by
the river Sabine for a distance of 310 miles, and. its productions are the
same with those of many of the contiguous States of the Union. Such
is the country, such are its inhabitants, and such its capacities to add to
the general wealth of the Union. As to the latter, it may be safely
asserted that in the magnitude of its productions it will equal in a short
time, under the protecting care of this Government, if it does not surpass,
the combined production of many of the States of the Confederacy. A
new and powerful impulse will thus be given to the navigating interest
of the country, which will be chiefly engrossed by our fellow-citizens of
the Eastern and Middle States, who have already attained a remarkable
degree of prosperity by the partial monopoly they have enjoyed of the
carrying trade of the Union, particularly the coastwise trade, which this
new acquisition is destined in time, and that not distant, to swell to a
magnitude which can not easily be computed, while the addition mads
to the boundaries of the home market thus secured to their mining,
manufacturing, and mechanical skill and industry will be of a character
the most commanding and important. Such are some of the many
advantages which will accrue to the Eastern and Middle States by the
ratification of the treaty — advantages the extent of which it is impossi-
ble to estimate with accuracy or properly to appreciate. Texas, being
adapted to the culture of cotton, sugar, and rice, and devoting most of
her energies to the raising of these productions, will open an extensive
market to the Western States in the important articles of beef, pork,
horses, mules, etc., as well as in breadstuffs. At the same time, the
Southern and Southeastern States will find in the fact of annexation
protection and security to their peace and tranquillity, as well against all
domestic as foreign efforts to disturb them, thus consecrating anew the
union of the States and holding out the promise of its perpetual duration.

John Tyler 2162

Thus, at the same time that the tide of public prosperity is greatly swollen,
an appeal of what appears to the Executive to be of an imposing, if not
of a resistless, character is made to the interests of every portion of the
country. Agriculture, which would have a new and extensive mar-
ket opened for its produce; commerce, whose ships would be freighted
with the rich productions of an extensive and fertile region; and the
mechanical arts, in all their various ramifications, would seem to unite
in one universal demand for the ratification of the treaty. But impor-
tant as these considerations may appear, they are to be regarded as but
secondary to others. Texas, for reasons deemed sufficient by herself,
threw off her dependence on Mexico as far back as 1836, and consum-
mated her independence by the battle of San Jacinto in the same year,
since which period Mexico has attempted no serious invasion of her
territory, but the contest has assumed features of a mere border war,
characterized by acts revolting to humanity. In the year 1836 Texas
adopted her constitution, under which she has existed as a sovereign
power ever since, having been recognized as such by many of the prin-
cipal powers of the world; and contemporaneously with its adoption, by
a solemn vote of her people, embracing all her population but ninety-
three persons, declared her anxious desire to be admitted into association
with the United States as a portion of their territory. This vote, thus
solemnly taken, has never been reversed, and now by the action of her
constituted authorities, sustained as it is by popular sentiment, she reaf-
firms her desire for annexation. Thir course has been adopted by her
without the employment of any sinister measures on the part of this
Government. No intrigue has been set on foot to accomplish it. Texas
herself wills it, and the Executive of the United States, concurring with
her, has seen no sufficient reason to avoid the consummation of an act
esteemed to be so desirable by both. It can not be denied that Texas
is greatly depressed in her energies by her long-protracted war with
Mexico. Under these circumstances it is but natural that she should
seek for safety and repose under the protection of some stronger power,
and it is equally so that her people should turn to the United States,
the land of their birth, in the first instance in the pursuit of such pro-
tection. She has often before made known her wishes, but her advances
have to this time been repelled. The ? ,xecutive of the United States
sees no longer any cause for pursuing such a course. The hazard of
now defeating her wishes may be of the most fatal tendency. It might
lead, and most probably would, to such an entire alienation of sentiment
and feeling as would inevitably induce her to look elsewhere for aid, and
force her either to enter into dangerous alliances with other nations, who,
looking with more wisdom to their own interests, would, it is fairly to
be presumed, readily adopt such expedients; or she would hold out the
proffer of discriminating: duties in trade and commerce in order to secure
the necessary assistance. Whatever step she might adopt looking to

2163 Messages and Papers of the Presidents

this object would prove disastrous in the highest degree to the interests
of the whole Union. To say nothing of the impolicy of our permitting
the carrying trade and home market of such a country to pass out of our
hands into those of a commercial rival, the Government, in the first place,
would be certain to suffer most disastrously in its revenue by the intro-
duction of a system of smuggling upon an extensive scale, which an
army of custom-house officers could not prevent, and which would oper-
ate to affect injuriously the interests of all the industrial classes of this
country. Hence would arise constant collisions between the inhabitants of
the two countries, which would evermore endanger their peace. A large
increase of the military force of the United States would inevitably fol-
low, thus devolving upon the people new and extraordinary burdens in
order not only to protect them from the danger of daily collision with
Texas herself, but to guard their border inhabitants against hostile
inroads, so easily excited on the part of the numerous and warlike tribes
of Indians dwelling in their neighborhood. Texas would undoubtedly
be unable for many years to come, if at any time, to resist unaided and
alone the military power of the United States; but it is not extravagant
to suppo.se that nations reaping a rich harvest from her trade, secured to
them by advantageous treaties, would be induced to take part with her
in any conflict with us, from the strongest considerations of public policy.
Such a state of things might subject to devastation the territory of con-
tiguous States, and would cost the country in a single campaign more
treasure, thrice told over, than is stipulated to be paid and reimbursed
by the treaty now proposed for ratification. I will not permit myself to
dwell on this view of the subject. Consequences of a fatal character
to the peace of the Union, and even to the preservation of the Union
itself, might be dwelt upon. They will not, however, fail to occur to the
mind of the Senate and of the country. Nor do I indulge in any vague
conjectures of the future. The documents now transmitted along with
the treaty lead to the conclusion, as inevitable, that if the boon now ten-
dered be rejected Texas will seek for the friendship of others. In con-
templating such a contingency it can not be overlooked that the United
States are already almost surrounded by the possessions of European
powers. The Canadas, New Brunswick, and Nova Scotia, the islands in
the American seas, with Texa. trammeled by treaties of alliance or of a
commercial character differing in policy from that of the United States,
would complete the circle. Texas voluntarily steps forth, upon terms
of perfect honor and good faith to all nations, to ask to be annexed to
the Union. As an independent sovereignty her right to do this is unques-
tionable. In doing so she gives no cause of umbrage to any other power;
her people desire it, and there is no slavish transfer of her sovereignty
and independence. She has for eight years maintained her independence
against all efforts to subdue her. She has been recogni/.cd as independ-
ent by many of the most prominent of the family of nations, and that

John Tyler 2164

recognition, so far as they are concerned, places her in a position, without
giving any just cause of umbrage to them, to surrender her sovereignty
at her own will and pleasure. The United States, actuated evermore by
a spirit of justice, has desired by the stipulations of the treaty to render
justice to all. They have made provision for the payment of the public
debt of Texas. We look to her ample and fertile domain as the certain
means of accomplishing this; but this is a matter l>etween the United
States and Texas, and with which other Governments have nothing to
do. Our right to receive the rich grant tendered by Texas is perfect,
and this Government should not, having due respect either to its own
honor or its own interests, permit its course of policy to be interrupted
by the interference of other powers, even if such interference were
threatened. The question is one purely American. In the acquisi-
tion, while we abstain most carefully from all that could interrupt the
public peace, we claim the right to exercise a due regard to our own.
This Government can not consistently with its honor permit any such
interference. With equal, if not greater, propriety might the United
States demand of other governments to surrender their numerous and
valuable acquisitions made in past time at numberless places on the sur-
face of the globe, whereby they have added to their power and enlarged
their resources.

To Mexico the Executive is disposed to pursue a course conciliatory
in its character and at the same time to render her the most ample jus-
tice by conventions and stipulations not inconsistent with the rights and
dignity of the Government. It is actuated by no spirit of unjust aggran-
dizement, but looks only to its own security. It has made known to
Mexico at several periods its extreme anxiety to witness the termination
of hostilities between that country and Texas. Its wishes, however
have been entirely disregarded. It has ever been ready to urge an
adjustment of the dispute upon terms mutually advantageous to both.
It will be ready at all times to hear and discuss any claims Mexico may
think she has on the justice of the United States and to adjust any that
may be deemed to be so on the most liberal terms. There is no desire
on the part of the Executive to wound her pride or affect injuriously her
interest, but at the same time it can not compromit by an}' delay in its
action the essential interests of the United States. Mexico has no right
to ask or expect this of us; we deal rightfully with Texas as an inde-
pendent power. The war which has been waged for eight years has
resulted only in the conviction with all others than herself that Texas
can not be reconquered. I can not but repeat the opinion expressed in
my message at the opening of Congress that it is time it had ceased. The
Executive, while it could not look upon its longer continuance without
the greatest uneasiness, lias, nevertheless, for all past time preserved a
course of strict neutrality. It could tiot be ignorant of the fact of the
exhaustion which a war of so long a duration had produced. Least of all

2165 Messages and Papers of the Presidents

was it ignorant of the anxiety of other powers to induce Mexico to enter
into terms of reconciliation with Texas, which, affecting the domestic
institutions of Texas, would operate most injuriously upon the United
States and might most seriously threaten the existence of this happy
Union. Nor could it be unacquainted with the fact that although foreign
governments might disavow all design to disturb the relations which
exist under the Constitution between these States, yet that one, the most
powerful amongst them, had not failed to declare its marked and decided
hostility to the chief feature in those relations and its purpose on all
suitable occasions to urge upon Mexico the adoption of such a course
in negotiating with Texas as to produce the obliteration of that feature
from her domestic policy as one of the conditions of her recognition by
Mexico as an independent state. The Executive was also aware of the
fact that formidable associations of persons, the subjects of foreign pow-
ers, existed, who were directing their utmost efforts to the accomplish-
ment of this object. To these conclusions it was inevitably brought by
the documents now submitted to the Senate. I repeat, the Executive
saw Texas in a state of almost hopeless exhaustion, and the question
was narrowed down to the simple proposition whether the United States
should accept the boon of annexation upon fair and even liberal terms,
or, by refusing to do so, force Texas to seek refuge in the arms of some
other power, either through a treaty of alliance, offensive and defensive,
or the adoption of some other expedient which might virtually make her
tributary to such power and dependent upon it for all future time. The
Executive has full reason to believe that such would have been the result
without its interposition, and that such will be the result in the event
either of unnecessary delay in the ratification or of the rejection of the
proposed treaty.

In full view, then, of the highest public duty, and as a measure of secu-
rity against evils incalculably great, the Executive has entered into the
negotiation, the fruits of which are now submitted to the Senate. Inde-
pendent of the urgent reasons which existed for the step it has taken,
it might safely invoke the fact (which it confidently believes) that there
exists no civilized government on earth having a voluntary tender made
it of a domain so rich and fertile, so replete with all that can add to
national greatness and wealth, and so necessary to its peace and safety
that would reject the offer. Nor are other powers, Mexico inclusive,
likely in any degree to be injuriously affected by the ratification of the
treaty. The prosperity of Texas will be equally interesting to all; in
the increase of the general commerce of the world that prosperity will
be secured by annexation.

But one view of the subject remains to be presented. It grows out of
the proposed enlargement of our territory. From this, I am free to con-
fess, I see no danger. The federative system is susceptible of the greatest
extension compatible with the ability of the representation of the most

John Tyler 2166

distant State or Territory to reach the seat of Government in time to par-
ticipate in the functions of legislation and to make known the wants of
the constituent body. Our confederated Republic consisted originally
of thirteen members. It now consists of twice that number, while appli-
cations are before Congress to permit other additions. This addition of
new States has served to strengthen rather than to weaken the Union.
New interests have sprung up, which require the united power of all,
through the action of the common Government, to protect and defend
Upon the high seas and in foreign parts. Each State commits with per-
fect security to that common Government those great interests growing
out of our relations with other nations of the world, and which equally
involve the good o* all the States. Its domestic concerns are left to its
own exclusive management. But if there were any force in the objec-
tion it would seem to require an immediate abandonment of territorial
possessions which lie in the distance and stretch to a far-off sea, and yet
no one would be found, it is believed, ready to recommend such an aban-
donment. Texas lies at our very doors and in our immediate vicinity.

Under every view which I have been able to take of the subject, I think
that the interests of our common constituents, the people of all the States,
and a love of the Union left the Executive no other alternative than to
negotiate the treaty. Tl' high and solemn duty of ratifying or rejecting
it is wisely devolved on tne Senate by the Constitution of the United

States> JOHN TYLER.

WASHINGTON, April 22, 184.4..
To the Senate of the United States:

I transmit herewith an additional article to the treaty of extradition
lately concluded between the Governments of France and the United
States, for your approval and ratification. The reason upon which it is
founded is explained on the face of the article and in the letter from Mr.
Pageot which accompanies this communication.

JOHN TYLER.

WASHINGTON, April 26, 184.4..
To the Senate of the United States:

In compliance with the resolution of the Senate of the 2?d instant,
requesting the President to communicate to that body any communi-
cation, papers, or maps in possession of this Government specifying the
southern, southwestern, and western boundaries of Texas, I transmit
a map of Texas and the countries adjacent, compiled in the Bureau of
Topographical Engineers, under the direction of Colonel J. J. Abert, by
Lieutenant U. K. Emory, of that Corps, and also a memoir upon the sub-
ject by the same officer. JOHN TYLER.

2167 Messages and Papers of the Presidents

To the Senate of the United States:

In my annual message at the commencement of the present wu&jon of
Congress I informed the two Houses that instructions had been given by
the Executive to the United States envoy at Berlin to negotiate a com-
mercial treaty with the States composing the Germanic Customs Union
for a reduction of the duties on tobacco and other agricultural produc-
tions of the United States, in exchange for concessions on our part in
relation to certain articles of export the product of the skill and industry
of those countries. I now transmit a treaty which proposes to carry into
effect the views and intentions thus previously expressed and declared,
accompanied by two dispatches from Mr. Wheaton, our minister at Ber-
lin. This is believed to be the first instance in which the attempt has
proved successful to obtain a reduction of the heavy and onerous duties
to which American tobacco is subject in foreign markets,' and, taken in
connection with the greatly reduced duties on rice and lard and the free
introduction of raw cotton, for which the treaty provides, I can not but
anticipate from its ratification important benefits to the great agricultural,
commercial, and navigating interests of the United States. The conces-
sions on our part relate to articles which are believed not to enter inju-
riously into competition with the manufacturing interest of the United
States, while a country of great extent and embracing a population of
28,000,000 human beings will more thoroughly than heretofore be thrown
open to the commercial enterprise of our fellow-citizens.

Inasmuch as the provisions of the treaty come to some extent in con-
flict with existing laws, it is my intention, should it receive your approval
and ratification, to communicate a copy of it to the House of Representa-
tives, in order that that House may take such action upon it as it may
deem necessary to give efficiency to its provisions.

APRIL, 29. 1844. ]°HN TYLER'

WASHINGTON, April 29, 184.4..
To the Senate of the United States:

I herewith transmit to the Senate, with reference to my message of the
22d instant, the copy of a recent correspondence* between the Depart-
ment of State and the minister of Her Britannic Majesty in this country.

JOHN TYLER.

WASHINGTON, April 29, 184.4..
To the Senate of the United Slates:

I transmit to the Senate a report of the Secretary of War, prepared
in compliance with the request contained in a resolution of the loth
instant, f JOHN TYIvER.

* \Vith reference to the annexation of Texas.

t Proceedings under act of .March ,1, 1843, for the. relief of the Stockbridjrc tribe of Indians in the.
Territory of Wisconsin.

John Tyler 2168

WASHINGTON, May 7,

To the Senate of the United States:

I transmit herewith a dispatch from the British minister, addressed to
the Secretary of State, bearing date the 3oth April, in reply to the letter
of the Secretary of State of the 2yth April, which has already been com-
municated to the Senate, having relation to the Texas treaty.

JOHN TYLER.

WASHINGTON, May 3, 184.4..
To the Senate of the United States:

In answer to the resolution of the Senate of the 2gth ultimo, request-
ing a copy of additional papers upon the subject of the relations between
the United States and the Republic of Texas, I transmit a report from the
Secretary of State and the documents by which it was accompanied.

JOHN TYLER.

WASHINGTON, May 6, 184.4..
To the Senate of the United States:

I herewith transmit the accompanying correspondence, relating to the
treaty recently concluded by the minister of the United States at Berlin
with the States comprising the Zollverein. JOHN TYLFR

^ ,, TT /- r> . , ,. WASHINGTON, May 6, 184.4.

To the House of Representatives:

I transmit to the House of Representatives a report* of the Secretary
of War, prepared as requested by the resolution of the House of the
i8th of January last. JOHN TyiyER

To the House of Representatives: WASHINGTON, May 6,

I transmit herewith a report and accompanying documents from the
Secretary of War, containing all the information that can be now fur-
nished by that Department, in answer to the resolution of the House of
Representatives of the i8th of January, respecting the allowance of claims
previously rejected. JOHN TYLER

WASHINGTON, May 7,
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a postal convention between the United vStates and the Republic of
New Granada, signed in the city of Bogota on the 6th of March last.

* Transmitting lists of persons employed by the \\'.ir Department ?incc March 4, 18.17, without
express authority of law, etc.

2169 Messages and Papers of the Presidents

In order that the Senate may better understand the objects of the con-
vention and the motives which have made those objects desirable on
the part of the United States, I also transmit a copy of a correspondence
between the Department of State and the chairman of the Committee
on Commerce in the Senate, and between the same Department and
Mr. Blackford, the charge" d'affaires of the United States at Bogota, who
concl uded the convention on the part of this Government.

JOHN TYLER.

WASHINGTON, May 10, 184.4..
To the Senate of the United States:

I deem it proper to transmit the accompanying dispatch, recently
received from the United States envoy at London, having reference to
the treaty now before the Senate lately negotiated by Mr. Wheaton,
our envoy at Berlin, with the Zollverein.

I will not withhold the expression of my full assent to the views
expressed by Mr. Everett in his conference with Lord Aberdeen.

JOHN TYLER.

T JL TJT s r> j. A- WASHINGTON. May iot 184.4..

To the House of Representatives:

I communicate to Congress a letter from the Imaum of Muscat and a
translation of it, together with sundry other papers, by which it will be
perceived that His Highness has been pleased again to offer to the United
States a present of Arabian horses. These animals will be in Washing-
ton in a short time, and will be disposed of in such manner as Congress
may think proper to direct. JOHN TYLER

WASHINGTON, May n, 184.4..
To the Senate of the United States:

I herewith communicate to the Senate, for its consideration, two con-
ventions concluded by the minister of the United States at Berlin — the
one with the Kingdom of Wurtemberg, dated on the loth day of April,
and the other with the Grand Duchy of Hesse, dated on the 26th day of
March, 1844 — for the mutual abolition of the droit d'aubaine and the
droit de detraction between those Governments and the United States,
and I communicate with the conventions copies of the correspondence
necessary to explain the reasons for concluding them.

JOHN TYLER.

WASHINGTON, May 75, 184.4..
To the Senate of the United States:

In answer to the resolution of the Senate of the 1 3th instant, requesting
to be informed "whether since the commencement of the negotiations

John Tyler 2170

which resulted in the treaty now before the Senate for the annexation
of Texas to the United States, any military preparation has been made
or ordered by the President for or ill anticipation of war, and, if so, for
what cause, and with whom was such war apprehended, and what are
the preparations that have been made or ordered; has any movement
or assemblage or disposition of any of the military or naval forces of the
United States been made or ordered with a view to such hostilities; and
to communicate to the Senate copies of all orders or directions given
for any such preparation or for any such movement or disposition or for
the future conduct of such military or naval forces, ' ' I have to inform the
Senate that, in consequence of the declaration of Mexico communicated
to this Government and by me laid before Congress at the opening of its
present session, announcing the determination of Mexico to regard as a
declaration of war against her by the United States the definitive ratifi-
cation of any treaty with Texas annexing the territory of that Republic to
the United States, and the hope and belief entertained by the Executive
that the treaty with Texas for that purpose would be speedily approved
and ratified by the Senate, it was regarded by the Executive to have
become emphatically its duty to concentrate in the Gulf of Mexico and
its vicinity, as a precautionary measure, as large a portion of the home
squadron, under the command of Captain Conner, as could well be drawn
together, and at the same time to assemble at Fort Jesup, on the borders
of Texas, as large a military force as the demands of the service at other
encampments would authorize to be detached. For the number of ships
already in the Gulf and the waters contiguous thereto and such as are
placed under orders for that destination, and of troops now assembled
upon the frontier, I refer you to the accompanying reports from the Sec-
retaries of the War and Navy Departments. It will also be perceived by
the Senate, by referring to the orders of the Navy Department which are
herewith transmitted, that the naval officer in command of the fleet is
directed to cause his ships to perform all the duties of a fleet of observa-
tion and to apprise the Executive of any indication of a hostile design
upon Texas on the part of any nation pending the deliberations of the
Senate upon the treaty, with a view that the same should promptly be
submitted to Congress for its mature deliberation. At the same time, it
is due to myself that I should declare it as my opinion that the United
States having by the treaty of annexation acquired a title to Texas which
requires only the action of the Senate to perfect it, no other power could
be permitted to invade and by force of arms to possess itself of any por-
tion of the territory of Texas pending your deliberations upon the treaty
without placing itself in an hostile attitude to the United States and
justifying the employment of any military means at our disposal to drive
back the invasion. At the same time, it is my opinion that Mexico or
any other power will find in your approval of the treaty no just cause of
war against the United States, nor do I believe that there is any serious

2171 Messages and Papers of the Presidents

hazard of war to be found in the fact of such approval. Nevertheless,
every proper measure will be resorted to by the Executive to preserve
upon an honorable and just basis the public peace by reconciling Mexico,
through a liberal course of policy, to the treaty.

JOHN TYLER.

WASHINGTON, May 75-,
To the Senate of the United States:

In answer to the resolution of the Senate of the I3th instant, request-
ing to be informed ' ' whether a messenger has been sent to Mexico with
a view to obtain her consent to the treaty with Texas, and, if so, to com-
municate to the Senate a copy of the dispatches of which he is bearer
and a copy of the instructions given to said messenger; and also to inform
the Senate within what time said messenger is expected to return," I
have to say that no messenger has been sent to Mexico in order to obtain
her assent to the treaty with Texas, it not being regarded by the Execu-
tive as in any degree requisite to obtain such consent in order (should
the Senate ratify the treaty) to perfect the title of the United States
to the territory thus acquired, the title to the same being full and perfect
without the assent of any third power. The Executive has negotiated
with Texas as an independent power of the world, long since recognized
as such by the United States and other powers, and as subordinate in all
her rights of full sovereignty to no other power. A messenger has been
dispatched to our minister at Mexico as bearer of the dispatch already
communicated to the Senate, and which is to be found in the letter
addressed to Mr. Green, and forms a part of the documents ordered con-
fidentially to be printed for the use of the Senate. That dispatch was
dictated by a desire to preserve the peace of the two countries by denying
to Mexico all pretext for assuming a belligerent attitude to the United
States, as she had threatened to do, in the event of the annexation of
Texas to the United States, by the dispatch of her Government which
was communicated by me to Congress at the opening of its present ses-
sion. The messenger is expected to return before the i5th of June next,
but lie may be detained to a later day. The recently appointed envoy
from the United States to Mexico will be sent so soon as the final action
is had on the question of annexation, at which time, and not before, can
his instructions be understandiugly prepared. JOHN TYLER

WASHINGTON, May 16,
To the Senate of the United Stales:

In my message communicating the treaty with Texas I expressed the
opinion that if Texas was not now annexed it was probable that the oppor-
tunity of annexing it to the United States would be lost forever. Since
then the subject has been much agitated, and if an opinion may be formed

John Tylet 2172

of the chief ground of the opposition to the treaty, it is not that Texas
ought not at some time or other to be annexed, but that the present is
not the proper time. It becomes, therefore, important, in this view of the
subject, and is alike due to the Senate and the country, that I should
furnish any papers in my possession which may be calculated to impress
the Senate with the correctness of the opinion thus expressed by me.
With this view I herewith transmit a report from the Secretary of State,
accompanied by various communications on the subject. These com-
munications are from private sources, and it is to be remarked that a
resort must in all such cases be had chiefly to private sources of informa-
tion, since it is not to be expected that any government, more especially
if situated as Texas is, would be inclined to develop to the world its
ulterior line of policy.

Among the extracts is one from a letter from General Houston to Gen-
eral Andrew Jackson, to which I particularly invite your attention, and
another from General Jackson to a gentleman of high respectability, now
of this place. Considering that General Jackson was placed in a situa-
tion to hold the freest and fullest interview with Mr. Miller, the private
and confidential secretary of President Houston, who, President Houston
informed General Jackson, "knows all his actions and understands all
his motives," and who was authorized to communicate to General Jack-
son the views of the policy entertained by the President of Texas, as well
applicable to the present as the future; that the declaration made by
General Jackson in his letter " that the present golden moment to obtain
Texas must not be lost, or Texas might from necessity be thrown into
the arms of England and be forever lost to the United States," was made
with a full knowledge of all circumstances, and ought to be received as
conclusive of what will be the course of Texas should the present treaty
fail— from this high source, sustained, if it requires to be sustained, by
the accompanying communications, I entertain not the least doubt that
if annexation should now fail it will in all human probability fail forever.
Indeed, I have strong reasons to believe that instructions have already
been given by the Texan Government to propose to the Government of
Great Britain, forthwith on the failure, to enter into a treaty of com-
merce and an alliance offensive and defensive.

JOHN TYLER.

WASHINGTON, May 17, 184.4..
To the Senate of the United States:

In answer to the resolution of the Senate of the 131!! instant, relating
to a supposed armistice between the Republics of Mexico and Texas, I
transmit a report from the Secretary of State and the papers by which it

was accompanied.

JOIIX TYUCR.

2173 Messages and Papers of the Presidents

WASHINGTON, May 18, 184.4..
To the Senate of the United States:

In answer to the resolution of the Senate of the 29th ultimo, upon the
subject of unpublished correspondence in regard to the purchase of or
title to Texas, I transmit a report from the Secretary of State and the
documents by which it was accompanied. TOHN TYLER

WASHINGTON, May 18, 184.4..
To the House of Representatives of the United States:

In answer to a resolution of the House of Representatives of the 3d of
January last, requesting the President of the United States ' ' to cause to
be communicated to that House copies of all the instructions given to the
commanding officers of the squadron stipulated by the treaty with Great
Britain of gth of August, 1842, to be kept on the coast of Africa for the
suppression of the slave trade, ' ' and also copies of the ' ' instructions given
by the British Government to their squadron stipulated by the same, if
such instructions have been communicated to this Government," I have
to inform the House of Representatives that in my opinion it would be
incompatible with the public interests to communicate to that body at
this time copies of the instructions referred to. JOHN TYLER

To the House of Representatives: WASHINGTON, May 20, i84f.

In compliance with a resolution of the House of Representatives of the
22d ultimo, I communicate a report* from the Secretary of State, which
embraces the information called for by said resolution.

JOHN TYLER.

n* ., TT /• r> ,. j- WASHINGTON, May 20. 184.4..

To the House of Representatives:

I herewith transmit a letter from the Secretary of the Navy, accom-
panied by a report from the Bureau of Construction and Equipment and
a communication from Lieutenant Hunter, of the Navy, prepared at the
request of the Secretary, upon the subject of a plan for the establishment
in connection with the Government of France of a line of steamers be-
tween the ports of Havre and New York, with estimates of the expense
which may be necessary to carry the said plan into effect.

JOHN TYLER.

WASHINGTON, May 23, 184.4..
To the Senate of the United States:

Your resolution of the i8th instant, adopted in executive session,
addressed to the Secretary of the Treasury ad interim, has been commu-

* Relating to indemnity from Denmark for three ships and their cargoes sent by Commodore John
Paul Jones in 1779 as prizes into Berjren, and there surrendered by order of the Danish Kinsrtothe
British minister, in obedience to the demand of that minister.

John Tyler 2174

nicated to me by that officer. While I can not recognize this call thus
made on the head of a Department as consistent with the constitutional
rights of the Senate when acting in its executive capacity, which in such
case can only properly hold correspondence with the President of the
United States, nevertheless, from an anxious desire to lay before the Sen-
ate all such information as may be necessary to enable it with full under-
standing to act upon any subject which may be before it, I herewith
transmit communications * which have been made to me by the Secre-
taries of the War and Navy Departments, in full answer to the resolution
of the Senate. JOHN TYLER.

WASHINGTON CITY, D. C., May 24., 184.4..
To the House of Representatives of the United States:

I transmit herewith a report f from the Secretary of the Navy, in com-
pliance with the resolution of che House of Representatives of the i8th
of January last. JOHN TYLER.

WASHINGTON, May jj, 184.4..

To the Senate of the United States:

In answer to the resolution of the Senate of the 22d instant, request-
ing information in regard to any promise by the President of military or
other aid to Texas in the event of an agreement on the part of that
Republic to annex herself to the United States, I transmit a report from
the Secretary of State and the documents by which it was accompanied.

In my message to the Senate of the i5th of this month I adverted to
the duty which, in my judgment, the signature of the treaty for the
annexation of Texas had imposed upon me, to repel any invasion of that
country by a foreign power while the treaty was under consideration by
the Senate, and I transmitted reports from the Secretaries of War and
of the Navy, with a copy of the orders which had been issued from those
Departments for the purpose of enabling me to execute that duty. In
those orders General Taylor was directed to communicate directly with the
President of Texas upon the subject, and Captain Conner was instructed
to communicate with the charge d'affaires of the United States accred-
ited to that Government. No copy of any communication which either
of those officers may have made pursuant to those orders has yet been
received at the Departments from which they emanated.

JOHN TYLER.

•Relating to money drawn from the Treasury to carry into effect orders of the War and Navy
Departments made since April 12, 1844, for stationing troops or increasing the military force
upon the frontiers of Texas and the Gulf of Mexico and for placing a naval force in the Gulf of
Mexico, etc,

t Transmitting list of persons employed by the Navy Department without express authority of
law from March 4, 1837, to January 18, 1844, etc.

2175 Messages and Papers of the Presidents

WASHINGTON, June z,
To the Senate of the United States:

I transmit herewith to the Senate a copy of a letter dated the 25th of
August, 1829, addressed by Mr. Van Buren, Secretary of State, to Mr.
Poinsett, envoy extraordinary and minister plenipotentiary of the United
States to Mexico, which letter contains, it is presumed, the instructions
a copy of which was requested by the resolution of the Senate of the 28th
ultimo in executive session. JOHN TYLFR

WASHINGTON, June j, 1844.
To the Senate of the United States:

In answer to the resolution of the Senate of the 28th ultimo, upon the
subject of a "private letter" quoted in the instruction from the late Mr.
Upshtir to the charge d'affaires of the United States in Texas, dated the
8th of August last, I transmit a report from the Secretary of State, to
whom the resolution was referred. JOHN TYT FR

WASHINGTON, June 4, 1844.
To the Senate of the United States:

In answer to the resolution of the Senate of yesterday in executive ses-
sion, requesting a copy of a note supposed to have been addressed to the
Secretary of State by the diplomatic agents of the Republic of Texas
accredited to this Government, I transmit a report from the Secretary of
State, to whom the resolution was referred. JOHN TYLFR

WASHINGTON, June 5, 1844.
To the Senate of the United States:

I herewith transmit to the Senate, with reference to previous Execu-
tive communications to that body relating to the same subject, the copy
of a letter* recently received at the Department of State from the min-
ister of the United States in London. TOHN TYI ER

WASHINGTON, June 7, 1844.
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives the cop}7 of a
letter recently addressed to the Secretary of State by the British minis-
ter at Washington, with the view of ascertaining "whether it would be
agreeable to this Government that an arrangement should be concluded
for the transmission through the United States of the mails to and from

* Kelaline to the treaty of annexation with Texas.

John Tylet 2176

Canada and England, which are now landed at Halifax and thence for-
warded through the British dominions to their destination."

It will be perceived that this communication has been referred to
the Postmaster-General, and his opinion respecting the proposition will
accordingly be found in his letter to the Department of State of the 5th
instant, a copy of which is inclosed. I lose no time in recommending
the subject to the favorable consideration of the House and in bespeak-
ing for it early attention. JOHN TYLER.

^ ,, TT /- r> j. 2- WASHINGTON, June 8, 184.4..

10 the House of Representatives: ' J

In compliance with a resolution of the House of Representatives of
the 2gth of April last, I communicate to that body a report* from the
Secretary of State, which embraces the information called for by that
resolution. JQHN TYLER<

WASHINGTON, June 10, 1844.
To the House of Representatives of the United States:

The treaty negotiated by the Executive with the Republic of Texas,
without a departure from any form of proceeding customarily observed
in the negotiations of treaties for the annexation of that Republic to the
United States, having been rejected by the Senate, and the subject hav-
ing excited on the part of the people no ordinary degree of interest, I
feel it to be my duty to communicate, for your consideration, the rejected
treaty, together with all the correspondence and documents which have
heretofore been submitted to the Senate in its executive sessions. The
papers communicated embrace not only the series already made public by
orders of the Senate, but others from which the veil of secrecy has not
been removed by that body, but which I deem to be essential to a just
appreciation of the entire question. While the treaty was pending before
the Senate I did not consider it compatible with the just rights of that
body or consistent with the respect entertained for it to bring this
important subject before you. The power of Congress is, however, fully
competent in some other form of proceeding to accomplish everything
that a formal ratification of the treaty could have accomplished, and I
therefore feel that I should but imperfectly discharge my duty to your-
selves or the country if I failed to lay before you everything in the pos-
session of the Executive which would enable you to act with full light on
the subject if you should deem it proper to take any action upon it.

I regard the question involved in these proceedings as one of vast
magnitude and as addressing itself to interests of an elevated and endur-
ing character. A Republic coterminous in territory with our own, of

* Transmitting correspondence from iSl6 to iSjj. inclusive, between I'nitc<l States ministers to
Spain and the Department of State, between those ministers and Spanish secretaries of state, and
between the Department of State and the Spanish ministers accredited to the Uuited States.

2177 Messages and Papers of the Presidents

immense resources, which require only to be brought under the influence
of our confederate and free system in order to be fully developed, prom-
ising at no distant day, through the fertility of its soil, nearly, if not
entirely, to duplicate the exports of the country, thereby making an
addition to the carrying trade to an amount almost incalculable and giv-
ing a new impulse of immense importance to the commercial, manufac-
turing, agricultural, and shipping interests of the Union, and at the same
time affording protection to an exposed frontier and placing the whole
country in a condition of security and repose; a territory settled mostly
by emigrants from the United States, who would bring back with them
in the act of reassociation an unconquerable love of freedom and an ardent
attachment to our free institutions — such a question could not fail to
interest most deeply in its success those who under the Constitution
have become responsible for the faithful administration of public affairs.
I have regarded it as not a little fortunate that the question involved
was no way sectional or local, but addressed itself to the interests of
every part of the country and made its appeal to the glory of the Ameri-
can name.

It is due to the occasion to say that I have carefully reconsidered the
objections which have been urged to immediate action upon the subject
without in any degree having been struck by their force. It has been
objected that the measure of annexation should be preceded by the con-
sent of Mexico. To preserve the most friendly relations with Mexico; to
concede to her, not grudgingly, but freely, all her rights; to negotiate
fairly and frankly with her as to the question of boundary; to render her,
in a word, the fullest and most ample recompense for any loss she might
convince us she had sustained, fully accords with the feelings and views
the Executive has always entertained.

But negotiation in advance of annexation would prove not only abor-
tive, but might be regarded as offensive to Mexico and insulting to
Texas. Mexico would not, I am persuaded, give ear for a moment to an
attempt at negotiation in advance except for the whole territory of
Texas. While all the world beside regards Texas as an independent
power, Mexico chooses to look upon her as a revolted province. Nor
could we negotiate with Mexico for Texas without admitting that our
recognition of her independence was fraudulent, delusive, or void. It
is only after acquiring Texas that the question of boundary can arise
between the United States and Mexico — a question purposely left open
for negotiation with Mexico as affording the best opportunity for the
most friendly and pacific arrangements. The Executive has dealt with
Texas as a power independent of all others, both de facto and de jure.
She was an independent State of the Confederation of Mexican Repub-
lics. When by violent revolution Mexico declared the Confederation at an
end, Texas owed her 110 longer allegiance, but claimedandhas maintained
the right for eight years to a separate and distinct position. During

John Tyler 2178

that period no army has invaded her with a view to her reconquest; and
if she has not yet established her right to be treated as a nation inde-
pendent de facto and de jure, it would be difficult to say at what period
she will attain to that condition.

Nor can we by any fair or any legitimate inference be accused of vio-
lating any treaty stipulations with Mexico. The trf aties with Mexico
give no guaranty of any sort and are coexistent with a similar treaty
with Texas. So have we treaties with most of the nations of the earth
which are equally as much violated by the annexation of Texas to the
United States as would be our treaty with Mexico. The treaty is merely
commercial and intended as the instrument for more accurately defining
the rights and securing the interests of the citizens of each country.
What bad faith can be implied or charged upon the Government of the
United States for successfully negotiating with an independent power
upon any subject not violating the stipulations of such treaty I confess
my inability to discern.

The objections which have been taken to the enlargement of our terri-
tory were urged with much zeal against the acquisition of Louisiana, and
yet the futility of such has long since been fully demonstrated. Since
that period a new power has been introduced into the affairs of the world,
which has for all practical purposes brought Texas much nearer to the
seat of Government than Louisiana was at the time of its annexation.
Distant regions are by the application of the steam engine brought
within a close proximity.

With the views which I entertain on the subject, I should prove faith-
less to the high trust which the Constitution has devolved upon me if I
neglected to invite the attention of the representatives of the people to it
at the earliest moment that a due respect for the Senate would allow me
so to do. I should find in the urgency of the matter a sufficient apology,
if one was wanting, since annexation is to encounter a great, if not certain,
hazard of final defeat if something be not noiv done to prevent it. Upon
this point I can not too impressively invite your attention to my message
of the 1 6th of May and to the documents which accompany it, which
have not heretofore been made public. If it be objected that the names
of the writers of some of the private letters are withheld, all that I can
say is that it is done for reasons regarded as altogether adequate, and that
the writers are persons of the first respectability and citizens of Texas,
and have such means of obtaining information as to entitle their state-
ments to full credit. Nor has anything occurred to weaken, but, on the
contrary, much to confirm, my confidence in the statements of General
Jackson, and my own statement, made at the close of that message, in the
belief, amounting almost to certainty, "that instructions have already
been given by the Texan Government to propose to the Government of
Great Britain, forthwith on the failure [of the treaty], to enter into a
treaty of commerce and an alliance offensive and defensive.'

2179 Messages and Papers of the Presidents

I also particularly invite your attention to the letter from Mr. Everett,
our envoy at London, containing an account of a conversation in the
House of Lords which lately occurred between Lord Brougham and Lord
Aberdeen in relation to the question of annexation. Nor can I do so
without the expression of some surprise at the language of the minis-
ter of foreign affairs employed upon the occasion. That a Kingdom
which is made what it now is by repeated acts of annexation — beginning
with the time of the heptarchy and concluding with the annexation of
the Kingdoms of Ireland and Scotland — should perceive any principle
either novel or serious in the late proceedings of the American Executive
in regard to Texas is well calculated to excite surprise. If it be pre-
tended that because of commercial or political relations which may exist
between the two countries neither has a right to part with its sover-
eignty, and that no third power can change those relations by a volun-
tary treaty of union or annexation, then it would seem to follow that an
annexation to be achieved by force of arms in the prosecution of a just
and necessary war could in no way be justified; and yet it is presumed
that Great Britain would be the last nation in the world to maintain any
such doctrine. The commercial and political relations of many of the
countries of Europe have undergone repeated changes by voluntary trea-
ties, by conquest, and by partitions of their territories without any ques-
tion as to the right under the public law. The question, in this view of
it, can be considered as neither "serious" nor "novel." I will not per-
mit myself to believe that the British minister designed to bring himself
to any such conclusion, but it is impossible for us to be blind to the fact
that the statements contained in Mr. Everett's dispatch are well worthy
of serious consideration. The Government and people of the United
States have never evinced nor do they feel any desire to interfere in
public questions not affecting the relations existing between the States
of the American continent. We leave the European powers exclusive
control over matters affecting their continent and the relations of their
different States; the United States claim a similar exemption from any
such interference on their part. The treaty with Texas was negotiated
from considerations of high public policy, influencing the conduct of
the two Republics. We have treated with Texas as an independent
power solely with a view of bettering the condition of the two countries.
If annexation in any form occur, it will arise from the free and unfet-
tered action of the people of the two countries; and it seems altogether
becoming in me to say that the honor of the country, the dignity of the
American name, and the permanent interests of the United States would
forbid acquiescence in any such interference. No one can more highly
appreciate the value of peace to both Great Britain and the United States
and the capacity of each to do injury to the other than myself, but peace
can best be preserved by maintaining firmly the rights which belong to
us as an independent community.

John Tyler 2180

So much have I considered it proper for me to say; and it becomes
me only to add that while I have regarded the annexation to be accom-
plished by treaty as the most suitable form in which it could be effected,
should Congress deem it proper to resort to any other expedient compati-
ble with the Constitution and likely to accomplish the object I stand
prepared to yield my most prompt and active cooperation.

The great question is not as to the manner in which it shall be done,
but whether it shall be accomplished or not.

The responsibility of deciding this question is now devolved upon you.

JOHN TYLER.

WASHINGTON, June 10, 184.4..
To the Senate of the United States:

In answer to the resolution of the Senate of the yth instant, upon
the subject of the supposed employment of Mr. Duff Green in Europe
by the Executive of the United States, I transmit a report from the
Secretary of State, to whom the resolution was referred

JOHN TYLER.

WASHINGTON, June 12, 184.4..
To the Senate of the United States:

In compliance with the resolution of the Senate of the 4th instant,
calling for a correspondence* between the late minister of the United
States in Mexico and the minister for foreign affairs of that Republic,
I transmit a report from the Secretary of State and the documents by
which it was accompanied. JOHN TYLER

,r Jr r< j- u rr -j J r-t WASHINGTON. June, 1844..

Fo the Senate of the United States;

The resolution of the Senate of the 3d instant, requesting the President
to lay before that body, confidentially, ' ' a copy of any instructions which
may have been given by the Executive to the American minister in
England on the subject of the title to and occupation of the Territory of
Oregon since the 4th of March, 1841; also apopy of any correspondence
which may have passed between this Government and that of Great
Britain in relation to the subject since that time," has been received.

In reply I have to state that in the present state of the subject-matter
to which the resolution refers it is deemed inexpedient to communicate
the information requested by the Senate. JOHN TYLFR

2181 Messages and Papers of the Presidents

WASHINGTON, June 75, 184.4..
To the House of Representatives of the United States:

I herewith transmit to the House of Representatives, in answer to theii
resolution of the 4th instant, a report from the Secretary of State, with
the correspondence * therein referred to. TOHN TYLER

WASHINGTON, June 77, 184.4..
The PRESIDENT OF THE SENATE:

I transmit herewith a report from the Secretary of State, in answer to a
resolution of the I2th instant. Although the contingent fund for foreign
intercourse has for all time been placed at the disposal of the President,
to be expended for the purposes contemplated by the fund without any
requisition upon him for a disclosure of the names of persons employed
by him, the objects of their employment, or the amount paid to any par-
ticular person, and although any such disclosures might in many cases
disappoint the objects contemplated by the appropriation of that fund,
yet in this particular instance I feel no desire to withhold the fact that
Mr. Duff Green was employed by the Executive to collect such informa*
tion, from private or other sources, as was deemed important to assia
the Executive in undertaking a negotiation then contemplated, but after-
wards abandoned, upon an important subject, and that there was paid to
him through the hands of the Secretary of State $1,000, in full for all
such service. It is proper to say that Mr. Green aftenvards presented
a claim for an additional allowance, which has been neither allowed nor
recognized as correct, JQHN TYLER>

To the Senate: WASHINGTON, June 77,

I have learned that the Senate has laid on the table the nomination,
heretofore made, of Reuben H. Wai worth to be an associate justice of
the Supreme Court, in the place of Smith Thompson, deceased. I am
informed that a large amount of business has accumulated in the second
district, and that the immediate appointment of a judge for that circuit
is essential to the administration of justice. Under these circumstances
I feel it my duty to withdraw the name of Mr. Walworth, whose appoint-
ment the Senate by their action seems not now prepared to confirm, in the
hope that another name may be more acceptable.

The circumstances under which the Senate heretofore declined to advise
and consent to the nomination of John C. Spencer have so far changed
as to justify me in my again submitting liis name to their consideration.

I therefore nominate John C. Spencer, of New York, to be appointed an
associate justice of the Supreme Court, in the place of Smith Thompson

JOHN TYLER.

* With Great Britain relative to the duties exacted by that Government on rough rice exported
from the Tinted States, contrary to the treaty ot I&is.

John Tylet 2182

VETO MESSAGES.*

WASHINGTON, December 18, 184.3.
To the House of Representatives:

I received within a few hours of the adjournment of the last Congress
a resolution ' ' directing payment of the certificates or awards issued by
the commissioners under the treaty with the Cherokee Indians." Its
provisions involved principles of great importance, in reference to which
it required more time to obtain the necessary information than was
allowed.

The balance of the fund provided by Congress tor satisfying claims
under the seventeenth article of the Cherokee treaty, referred to in the
resolution, is wholly insufficient to meet the claims still pending. To
direct the payment, therefore, of the whole amount of those claims which
happened to be first adjudicated would prevent a ratable distribution of
the fund among those equally entitled to its benefits. Such a violation
of the individual rights of the claimants would impose upon the Govern-
ment the obligation of making further appropriations to indemnify them,
and thus Congress would be obliged to enlarge a provision, liberal and
equitable, which it had made for the satisfaction of all the demands of
the Cherokees. I was unwilling to sanction a measure which would thus
indirectly overturn the adjustment of our differences with the Cherokees,
accomplished with so much difficulty, and to which time is reconciling
those Indians.

If no such indemnity should be provided, then a palpable and very
gross wrong would be inflicted upon the claimants who had not been
so fortunate as to have their claims taken up in preference to others.
Besides, the fund having been appropriated by law to a specific purpose,
in fulfillment of the treaty, it belongs to the Cherokees, and the authority
of this Government to direct its application to particular claims is more
than questionable.

The direction in the joint resolution, therefore, to pay the awards of
the commissioners to the amount of $100,000 seemed to me quite objec-
tionable, and could not be approved.

The further direction that the certificates required to be issued by the
treaty, and in conformity with the practice of the board heretofore, shall
be proper and sufficient vouchers, upon which payments shall be made at
the Treasury, is a departure from the system established soon after the
adoption of the Constitution and maintained ever since. That system
requires that payments under the authority of any Department shall
be made upon its requisition, countersigned by the proper Auditor and
Comptroller. The greatest irregularity would ensue from the mode of
payment prescribed by the resolution.

*The first is a pocket veto.

2183 Messages and Papers of the Presidents

I have deemed it respectful and proper to lay before the House of
Representatives these reasons for having withheld my approval of the
above-mentioned joint resolution. JOHN TYLER

WASHINGTON, June n, 184.4..
To the House of Representatives of the United States:

I return to the House of Representatives, in which it originated, the
bill entitled "An act making appropriations for the improvement of cer-
tain harbors and rivers," with the following objections to its becoming
a law:

At the adoption of the Constitution each State was possessed of a sepa-
rate and independent sovereignty and an exclusive jurisdiction over all
streams and water courses within its territorial limits. The Articles of
Confederation in no way affected this authority or jurisdiction, and the
present Constitution, adopted for the purpose of correcting the defects
which existed in the original Articles, expressly reserves to the States all
powers not delegated. No such surrender of jurisdiction is made by the
States to this Government by any express grant, and if it is possessed it
is to be deduced from the clause in the Constitution which invests Con-
gress with authority ' ' to make all laws which are necessary and proper
for carrying into execution ' ' the granted powers. There is, in my view of
the subject, no pretense whatever for the claim to power which the bill
now returned substantially sets up. The inferential power, in order to be
legitimate, must be clearly and plainly incidental to some granted power
and necessary to its exercise. To refer it to the head of convenience
or usefulness would be to throw open the door to a boundless and unlim-
ited discretion and to invest Congress with an unrestrained authority.
The power to remove obstructions from the water courses of the States
is claimed under the granted power ' ' to regulate commerce with foreign
nations, among the several States, and with the Indian tribes;" but the
plain and obvious meaning of this grant is that Congress may adopt
rules and regulations prescribing the terms and conditions on which the
citizens of the United States may carry on commercial operations with
foreign states or kingdoms, and on which the citizens or subjects of for-
eign states or kingdoms may prosecute trade with the United States or
either of them. And so the power to regulate commerce among- the
several States no more invests Congress with jurisdiction over the water
courses of the States than the first branch of the grant does over the
water courses of foreign powers, which would be an absurdity.

The right of common use of the people of the United States to the
navigable waters of each and every State arises from the express stipu-
lation contained in the Constitution that "the citizens of each State shall
l)e entitled to all privileges and immunities of citizens in the several
States." While, therefore, the navigation of any river in any State
is by the laws of such State allowed to the citizens thereof, the same is
also secured by the Constitution of the United States on the same terms

John Tyler 2184

and conditions to the citizens of every other State; and so of any other
privilege or immunity.

The application of the revenue of this Government, if the power to do
so was admitted, to improving the navigation of the rivers by removing
obstructions or otherwise would be for the most part productive only of
local benefit. The consequences might prove disastrously ruinous to as
many of our fellow-citizens as the exercise of such power would benefit.
I will take one instance furnished by the present bill — out of no invidi-
ous feeling, for such it would be impossible for me to feel, but because of
my greater familiarity with locations — in illustration of the above opinion:
Twenty thousand dollars are proposed to be appropriated toward improv-
ing the harbor of Richmond, in the State of Virginia. Such improvement
would furnish advantages to the city of Richmond and add to the value of
the property of its citizens, while it might have a most disastrous influence
over the wealth and prosperity of Petersburg, which is situated some 25
miles distant on a branch of James River, and which now enjoys its fair
portion of the trade. So, too, the improvement of James River to Rich-
mond and of the Appomattox to Petersburg might, by inviting the trade
to those two towns, have the effect of prostrating the town of Norfolk.
This, too, might be accomplished without adding a single vessel to the
number now engaged in the trade of the Chesapeake Bay or bringing
into the Treasury a dollar of additional revenue. It would produce, most
probably, the single effect of concentrating the commerce now profitably
enjoyed by three places upon one of them. This case furnishes an apt
illustration of the effect of this bill in several other particulars.

There can not, in fact, be drawn the slightest discrimination between
the improving the streams of a State under the power to regulate com-
merce and the most extended system of internal improvements on land.
The excavating a canal and paving a road are equally as much incidents
to such claim of power as the removing obstructions from water courses;
nor can such power be restricted by any fair course of reasoning to the
mere fact of making the improvement. It reasonably extends also to
the right of seeking a return of the means expended through the exaction
of tolls and the levying of contributions. Thus, while the Constitution
denies to this Government the privilege of acquiring a property in the
soil of any State, even for the purpose of erecting a necessary fortifica-
tion, without a grant from such State, tin's claim to power would invest it
with control and dominion over the waters and soil of each State without
restriction. Power so incongruous can not exist in the same instrument

The bill is also liable to a serious objection because of its blending
appropriations for numerous objects but few of which agree in their
general features. This necessarily produces the effect of embarrassing
Executive action. Some of the appropriations would receive my sanction
if separated from the rest, however much I might deplore the reproduc-
tion of a system which for some time past has been permitted to sleep
with apparently the acquiescence of the country. I mi.^ht particuhiri/e
the Delaware Breakwater as an improvement which looks to the security

2185 Messages and Papers of the Presidents

from the storms of our extended Atlantic seaboard of the vessels of all the
country engaged either in the foreign or the coastwise trade, as well as to
the safety of the revenue; but when, in connection with that, the same
bill embraces improvements of rivers at points far in the interior, con-
nected alone with the trade of such river and the exertion of mere local
influences, no alternative is left me but to use the qualified veto with
which the Executive is invested by the Constitution, and to return the
bill to the House in which it originated for its ultimate reconsideration
and decision.

In sanctioning a bill of the .same title with that returned, for the
improvement of the Mississippi and its chief tributaries and certain
harbors on the Lakes, if I bring myself apparently in conflict with any
of the principles herein asserted it will arise on my part exclusively from
the want of a just appreciation of localities. The Mississippi occupies
a footing altogether different from the rivers and water courses of the
different States. No one State or any number of States can exercise
any other jurisdiction over it than for the punishment of crimes and the
service of civil process. It belongs to no particular State or States, but
of common right, by express reservation, to all the States. It is reserved
as a great common highway for the commerce of the whole country. To
have conceded to Louisiana, or to any other State admitted as a new
State into the Union, the exclusive jurisdiction, and consequently the
right to make improvements and to levy tolls on the segments of the river
embraced within its territorial limits, would have been to have disap-
pointed the chief object in the purchase of Louisiana, which was to secure
the free use of the Mississippi to all the people of the United States.
Whether levies on commerce were made by a foreign or domestic gov-
ernment would have been equally burdensome and objectionable. The
United States, therefore, is charged with its improvement for the benefit
of all, and the appropriation of governmental means to its improvement
becomes indispensably necessary for the good of all.

As to the harbors on the Lakes, the act originates no new improve-
ments, but makes appropriations for the continuance of works already
begun.

It is as much the duty of the Government to construct good harbors,
without reference to the location or interests of cities, for the shelter of
the extensive commerce of the Lakes as to build breakwaters on the
Atlantic coast for the protection of the trade of that ocean. These great
inland seas are visited by destructive storms, and the annual loss of
ships and cargoes, and consequently of revenue to the Government, is
immense. If, then, there be any work embraced by that act which
is not required in order to afford shelter and security to the shipping
against the tempests which so often sweep over those great inland seas,
but has, on the contrary, originated more in a spirit of speculation
and lucal interest than in one of the character alluded to, the House of

INTERNAL IMPROVEMENTS— BRIDGES

The question of appropriating money out of the Federal Treasury to be
used in improving roads, building bridges, digging canals and deepening
streams in the States is no longer a political issue. The article " Internal
Improvements " in the Encyclopedic Index, relates how prominent an
issue it used to be in the days before the Civil War. In our day the annual
Rivers and Harbors Bill covering the matter is voted through with little or no
discussion. Under the authority of Congress some notable works of public
improvement have been performed by the engineers of the army in recent
years. These tasks include the irrigation and reclamation projects in the
West, the constant curbing of the unruly Mississippi, the construction of
breakwaters in harbors of both the Atlantic and Pacific seaboards, and nu-
merous enterprises on the Great Lakes. Although the sphere in which the
Federal Government can operate is so well defined as to remove the question
from politics, the country is profoundly interested in these benevolent activ-
ities, which promote commerce, agriculture and industry in all their branches.
The evolution of the policy is revealed in the President's state papers on
the pages mentioned by the index. The Annual Rivers and Harbors Bill is
so notorious an example of log-rolling that it is called " the pork barrel,"
referring, of course, to the fact that it is passed at the last moment and that
members who have faithfully obeyed their party managers, receive enough
"pork" for their constituencies to grease their way to re-election, while
mutineers are correspondingly punished. References to pages 7869 and
7897 will show the reader that President Taft thinks of "pork barrel" legis-
lation.

John Tyler 2186

Representatives will regard my approval of the bill more as the result
of misinformation than any design to abandon or modify the principles
laid down in this message. Every system is liable to run into abuse,
and none more so than that under consideration; and measures can not
be too soon taken by Congress to guard against this evil.

JOHN TYLER.

EXECUTIVE ORDERS.

CIRCULAR.*

DEPARTMENT OP STATE,

Washington, February 29, 1844..

SIR: It has become my most painful duty to announce to you the
sudden and violent death of the Hon. Abel P. Upshur, late Secretary
of State of the United States. This afflicting dispensation occurred on
the afternoon of yesterday, from the bursting of one of the great guns
on board the Government steamship Princeton, near Alexandria, on her
return from an excursion of pleasure down the river Potomac. By this
most unfortunate accident several of our distinguished citizens, amongst
whom were the Secretaries of State and of the Navy, were immediately
killed, and many other persons mortally wounded or severely injured.
It is the wish of the President that the diplomatic and consular agents
of the United States, and all other officers connected with the State
Department, either at home or abroad, shall wear the usual badge of
mourning, in token of their grief and of respect for the memory of Mr.
Upshur, during thirty days from the time of receiving this order.

In consequence of this event, the President has been pleased to charge
me ad interim with the direction of the Department of State, and I have
accordingly this day entered upon the duties of this appointment.

I have the honor to be, with great respect, sir, your obedient servant,

JNO. NELSON.

GENERAL ORDERS,

WAR DEPARTMENT, February 29, 1844.

In the deepest grief the President of the United States has instructed
the undersigned to announce to the Army that from the accidental explo-
sion of a gun yesterday on board the United States steamship Princeton
the country and its Government lost at the same moment the Secretary
of State, the Hon. A. P. Upshur, and the Secretary of the Navy, the
Hon. T. W. Gilmer.

Called but a few days since to preside over the administration of the
War Department, it is peculiarly painful to the undersigned that his first
official communication to the Army should be the announcement of a

*Sent to all diplomatic and consular otliccrs of the I'uilcil States.

2187 Messages and Papers of the Presidents

calamity depriving the country of the public services of two of our most
accomplished statesmen and popular and deeply esteemed fellow-citizens.
Their virtues, talents, and patriotic services will ever be retained in the
grateful recollection of their countrymen and perpetuated upon the pages
of the history of our common country.

Deep as may be the gloom which spreads over the community, it has
pleased the Almighty Disposer of Events to add another shade to it by
blending in this melancholy catastrophe the deaths of an eminent citizen,
Virgil Maxcy, esq., lately charge d'affaires to Belgium; a gallant and
meritorious officer of the Navy, a chief of a bureau, Captain B. Kennon,
and a private citizen of New York of high and estimable character,
besides others, citizens and sailors, either killed or wounded.

As appropriate honors to the memory of these distinguished Secreta-
ries, half-hour guns will be fired at every military post furnished with
the proper ordnance the day after the receipt of this order from sunrise
to sunset. The national flag will be displayed at half-staff during the
same time. And all officers of the &.rniy will wear for three months
the customary badge of mourning. WM WIIvKINS

Secretary of War.

GENERAL ORDER.

NAVY DEPARTMENT, February 29, 184.4..

As a mark of respect to the memory of the late Hon. Thomas W.
Gilmer, Secretary of the Navy, whose career at his entrance upon the
duties of his office, would have been nobly maintained by that ability
and vigor of which his whole previous life had been the guaranty, the
flags of all vessels in commission, navy-yards, and stations are to be
hoisted at half-mast on the day after the receipt of this order, minute
guns to the number of seventeen are to be fired between sunrise and
sunset, and crape is to be worn on the left arm and upon the sword for
';he space of three months.

By command of the President: ^ WARRINGTON,

Secretary of the Navy ad interim.

FOURTH ANNUAL MESSAGE.

WASHINGTON, December j, 184.4..
To the Senafc and House of Representatives of the United States:

We have continued cause for expressing our gratitude to the Supreme
Ruler of the Universe for the benefits and blessings which our country,
under His kind providence, has enjoyed during- the past year. Notwith-
standing the exciting scenes through which we have passed, nothing

John Tyler 2188

has occurred to disturb the general peace or to derange the harmony of
our political system. The great moral spectacle has been exhibited
of a nation approximating in number to 20,000,000 people having per-
formed the high and important function of electing their Chief Magis-
trate for the term of four years without the commission of any acts of
violence or the manifestation of a spirit of insubordination to the laws.
The great and inestimable right of suffrage has been exercised by all
who were invested with it under the laws of the different States in a
spirit dictated alone by a desire, in the selection of the agent, to advance
the interests of the country and to place beyond jeopardy the institutions
under which it is our happiness to live. That the deepest interest has
been manifested by all our countrymen in the result of the election is not
less true than highly creditable to them. Vast multitudes have assem-
bled from time to time at various places for the purpose of canvassing the
merits and pretensions of those who were presented for their suffrages,
but no armed soldiery has been necessary to restrain within proper limits
the popular zeal or to prevent violent outbreaks. A principle much
more controlling was found in the love of order and obedience to the laws,
which, with mere individual exceptions, everywhere possesses the Ameri-
can mind, and controls with an influence far more powerful than hosts
of armed men. We can not dwell upon this picture without recognizing
in it that deep and devoted attachment on the part of the people to the
institutions under which we live which proclaims their perpetuity. The
great objection which has always prevailed against the election by the
people of their chief executive officer has been the apprehension of
tumults and disorders which might involve in ruin the entire Govern-
ment. A security against this is found not only in the fact before alluded
to, but in the additional fact that we live under a Confederacy embracing
already twenty-six States, no one of which has power to control the elec-
tion. The popular vote in each State is taken at the time appointed by
the laws, and such vote is announced by the electoral college without
reference to the decision of other States. The right of suffrage and the
mode of conducting the election are regulated by the laws of each State,
and the election is distinctly federative in all its prominent features.
Thus it is that, unlike what might be the results under a consolidated
system, riotous proceedings, should they prevail, could only affect the
elections in single States without disturbing to any dangerous extent
the tranquillity of others. The great experiment of a political confed-
eration each member of which is supreme as to all matters appertaining
to its local interests and its internal peace and happiness, while by a
voluntary compact with others it confides to the united power of all the
protection of its citizens in matters not domestic has been so far crowned
with complete success. The world has witnessed its rapid growth in
wealth and population, and under the guide and direction of a sup'-rm-
tending Providence the developments of the past may be regarded but
71

2189 Messages and Papers of the Presidents

as the shadowing forth of the mighty future. In the bright prospects of
that future we shall find, as patriots and philanthropists, the highest
inducements to cultivate and cherish a love of union and to frown down
every measure or effort which may be made to alienate the States or the
people of the States in sentiment and feeling from each other. A rigid
and close adherence to the terms of our political compact and, above all,
a sacred observance of the guaranties of the Constitution will preserve
union on a foundation which can not be shaken, while personal liberty is
placed beyond hazard or jeopardy. The guaranty of religious freedom,
of the freedom of the press, of the liberty of speech, of the trial by
jury, of the habeas corpus, and of the domestic institutions of each of
the States, leaving the private citizen in the full exercise of the high and
ennobling attributes of his nature and to each State the privilege (which
can only be judiciously exerted by itself) of consulting the means best
calculated to advance its own happiness — these are the great and impor-
tant guaranties of the Constitution which the lovers of liberty must
cherish and the advocates of union must ever cultivate. Preserving
these and avoiding all interpolations by forced construction under the
guise of an imagined expediency upon the Constitution, the influence of
our political system is destined to be as actively and as beneficially felt
on the distant shores of the Pacific as it is now on those of the Atlantic
Ocean. The only formidable impediments in the way of its successful
expansion (time and space) are so far in the progress of modification
by the improvements of the age as to render no longer speculative the
ability of representatives from that remote region to come up to the
Capitol, so that their constituents shall participate in all the benefits of
Federal legislation. Thus it is that in the progress of time the inestima-
ble principles of civil liberty will be enjoyed by millions yet unborn and
the great benefits of our system of government be extended to now dis-
tant and uninhabited regions. In view of the vast wilderness yet to be
reclaimed, we may well invite the lover of freedom of every land to take
up his abode among us and assist us in the great work of advancing the
standard of civilization and giving a wider spread to the arts and refine-
ments of cultivated life. Our prayers should evermore be offered up to
the Father of the Universe for His wisdom to direct us in the path of our
duty so as to enable us to consummate these high purposes.

One of the strongest objections which has been urged against confed-
eracies by writers on government is the liability of the members to be
tampered with by foreign governments or the people of foreign states,
either in their local affairs or in such as affected the peace of others or
endangered the safety of the whole confederacy. We can not hope to be
entirely exempt from such attempts on our peace and safety. The
United States are becoming too important in population and resources
not to attract the observation of other nations. It therefore may in the
progress of time occur that opinions entirely abstract in the States in

John Tyler 2190

which they may prevail and in no degree affecting their domestic institu-
tions may be artfully but secretly encouraged with a view to undermine
the Union. Such opinions may become the foundation of political par-
ties, until at last the conflict of opinion, producing an alienation of
friendly feeling among the people of the different States, may involve
in general destruction the happy institutions under which we live. It
should ever be borne in mind that what is true in regard to individuals
is equally so in regard to states. An interference of one in the affairs of
another is the fruitful cause of family dissensions and neighborhood dis-
putes, and the same cause affects the peace, happiness, and prosperity
of states. It may be most devoutly hoped that the good sense of the
American people will ever be ready to repel all such attempts should they
ever be made.

There has been no material change in our foreign relations since m;
last annual message to Congress. With all the powers of Europe we con
tinue on the most friendly terms. Indeed, it affords me much satisfactiou
to state that at no former period has the peace of that enlightened and
important quarter of the globe ever been, apparently, more firmly estab-
lished. The conviction that peace is the true policy of nations would
seem to be growing and becoming deeper amongst the enlightened every-
where, and there is no people who have a stronger interest in cherishing
the sentiments and adopting the means of preserving and giving it per-
manence than those of the United States. Amongst these, the first
and most effective are, no doubt, the strict observance of justice and the
honest and punctual fulfillment of all engagements. But it is not to be
forgotten that in the present state of the world it is no less necessary
to be ready to enforce their observance and fulfillment in reference to
ourselves than to observe and fulfill them on our part in regard to others.

Since the close of your last session a negotiation has been formally
entered upon between the Secretary of State and Her Britannic Majesty's
minister plenipotentiary and envoy extraordinary residing at Washing-
ton relative to the rights of their respective nations in and over the
Oregon Territory. That negotiation is still pending. Should it dur-
ing your session be brought to a definitive conclusion, the result will
be promptly communicated to Congress. I would, however, again call
your attention to the recommendations contained in previous messages
designed to protect and facilitate emigration to that Territory. The
establishment of military posts at suitable points upon the extended line
of land travel would enable our citizens to emigrate in comparative safety
to the fertile regions below the Falls of the Columbia, and make tha
provision of the existing convention for the joint occupation of the ter-
ritory by subjects of Great Britain and the citizens of the United States
more available than heretofore to the latter. These posts would consti-
tute places of rest for the weary emigrant, where he would be sheltered
securely against the danger of attack from the Indians and be enabled

2 1 QI Messages and Papers of the Presidents

to recover from the exhaustion of a long line of travel . Legislative enact-
ments should also be made which should spread over him the aegis of
our laws, so as to afford protection to his person and property when he
shall have reached his distant home. In this latter respect the British
Government has been much more careful of the interests of such of her
people as are to be found in that country than the United States. She
has made necessary provision for their security and protection against the
acts of the viciously disposed and lawless, and her emigrant reposes in
safety under the panoply of her laws. Whatever may be the result of the
pending negotiation, such measures are necessary. It will afford me
the greatest pleasure to witness a happy and favorable termination to the
existing negotiation upon terms compatible with the public honor, and
the best efforts of the Government will continue to be directed to this end.

It would have given me the highest gratification in this my last annual
communication to Congress to have been able to announce to you the
complete and entire settlement and adjustment of other matters in dif-
ference between the United States and ths Government of Her Britannic
Majesty, which were adverted to in a previous message. It is so obvi-
ously the interest of both countries, in respect to the large and valuable
commerce which exists between them, that all causes of complaint, how-
ever inconsiderable, should be with the greatest promptitude removed
that it must be regarded as cause of regret that any unnecessary delays
should be permitted to intervene. It is true that in a pecuniary point
of view the matters alluded to are altogether insignificant in amount
when compared with the ample resources of that great nation, but they
nevertheless, more particularly that limited class which arise under sei-
zures and detentions of American ships on the coast of Africa upon the
mistaken supposition indulged in at the time the wrong was committed
of their being engaged in the slave trade, deeply affect the sensibilities of
this Government and people. Great Britain, having recognized her
responsibility to repair all such wrongs by her action in other cases,
leaves nothing to be regretted upon the subject as to all cases arising
prior to the treaty of Washington than the delay in making suitable
reparation in such of them as fall plainly within the principle of others
which she has long since adjusted. The injury inflicted by delays in the
settlement of these claims falls with severity upon the individual claim-
ants and makes a strong appeal to her magnanimity and sense of justice
for a speedy settlement. Other matters arising out of the construction
of existing treaties also remain unadjusted, and will continue to be urged
upon her attention.

The labors of the joint commission appointed by the two Governments
lo rim the dividing line established by the treaty of Washington were,
unfortunately, much delayed in the commencement of the season by the
failure of Congress at its last session to make a timely appropriation of
funds lo meet the expenses of the American party, and by other causes.

John Tyler 2192

The United States commissioner, however, expresses his expectation
that by increased diligence and energy the party will be able to make
up for lost time.

We continue to receive assurances of the most friendly feelings on the
part of all the other European powers, with each and all of whom it is so
obviously our interest to cultivate the most amicable relations; nor can
I anticipate the occurrence of any event which would be likely in any
degree to disturb those relations. Russia, the great northern power,
under the judicious sway of her Emperor, is constantly advancing in the
road of science and improvement, while France, guided by the counsels
of her wise Sovereign, pursues a course calculated to consolidate the
general peace. Spain has obtained a breathing spell of some duration
from the internal convulsions which have through so many years marred
her prosperity, while Austria, the Netherlands, Prussia, Belgium, and
the other powers of Europe reap a rich harvest of blessings from the
prevailing peace.

I informed the two Houses of Congress in my message of December
last that instructions had been given to Mr. Wheat on, our minister at
Berlin, to negotiate a treaty with the Germanic States composing the
Zollverein if it could be done, stipulating, as far as it was practicable to
accomplish it, for a reduction of the heavy and onerous duties levied on
our tobacco and other leading articles of agricultural production, and
yielding in return on our part a reduction of duties on such articles the
product of their industry as should not come into competition, or but a
limited one, with articles the product of our manufacturing industry.
The Executive in giving such instructions considered itself as acting in
strict conformity with the wishes of Congress as made known through
several measures which it had adopted, all directed to the accomplish-
ment of this important result. The treaty was therefore negotiated,
by which essential reductions were secured in the duties levied by the
Zollverein on tobacco, rice, and lard, accompanied by a stipulation for
the admission of raw cotton free of duty; in exchange for which highly
important concessions a reduction of duties imposed by the laws of the
United States on a variety of articles, most of which were admitted free
of all duty under the act of Congress commonly known as the compro-
mise law, and but few of which were produced in the United States, was
stipulated for on our part. This treaty was communicated to the Senate
at an early day of its last session, but not acted upon until near its close,
when, for the want (as I am bound to presume) of full time to consider
it, it was laid upon the table. This procedure had the effect of virtually
rejecting it, in consequence of a stipulation contained in the treaty that
its ratifications should be exchanged on or before a day which has already
passed. The Executive, acting upon the fair inference that the Senate
did not intend its absolute rejection, gave instructions to our minister
at Berlin to reopen the negotiations so far as to obtain an extension of

2 1 93 Messages and Papers of the Presidents

time for the exchange of ratifications. I regret, however, to say that
his efforts in this respect have been unsuccessful. I am nevertheless
not without hope that the great advantages which were intended to be
secured by the treaty may yet be realized.

I am happy to inform you that Belgium has, by an "arrtti royale"
issued in July last, assimilated the flag of the United States to her own,
so far as the direct trade between the two countries is concerned. This
measure will prove of great service to our shipping interest, the trade
having heretofore been carried on chiefly in foreign bottoms. I flatter
myself that she will speedily resort to a modification of her system relat-
ing to the tobacco trade, which would decidedly benefit the agriculture of
the United States and operate to the mutual advantage of both countries.

No definitive intelligence has yet been received from our minister
of the conclusion of a treaty with the Chinese Empire, but enough is
known to induce the strongest hopes that the mission will be crowned
with success.

With Brazil our relations continue on the most friendly footing. The
commercial intercourse between that growing Empire and the United
States is becoming daily of greater importance to both, and it is to the
interest of both that the firmest relations of amity and good will should
continue to be cultivated between them.

The Republic of New Granada still withholds, notwithstanding the
most persevering efforts have been employed by our charge d'affaires,
Mr. Blackford, to produce a different result, indemnity in the case of the
brig Morris; and the Congress of Venezuela, although an arrangement
has been effected between our minister and the minister of foreign affairs
of that Government for the payment of $18,000 in discharge of its liabili-
ties in the same case, has altogether neglected to make provision for its
payment. It is to be hoped that a sense of justice will soon induce a
settlement of these claims.

Our late minister to Chili, Mr. Pendleton, has returned to the United
States without having effected an adjustment in the second claim of the
Macedonian, which is delayed on grounds altogether frivolous and unten-
able. Mr. Pendleton 's successor has been directed to urge the claim in
the strongest terms, and, in the event of a failure to obtain a prompt
adjustment, to report the fact to the Executive at as early a day as possi-
ble, so that the whole matter may be communicated to Congress.

At your last session I submitted to the attention of Congress the con-
vention with the Republic of Peru of the lytli March, 1841, providing
for the adjustment of the claims of citizens of the United States against
that Republic, but no definitive action was taken upon the subject. I
again invite to it your attention and prompt action.

In my last annual message I felt it tr be my duty to make known to
Congress, in terms both plain and emphatic, my opinion in regard to the
war which has so long existed between Mexico and Texas, which since

John Tyler 2194

the battle of San Jacinto has consisted altogether of predatory incursions,
attended by circumstances revolting: to humanity. I repeat now what I
then said, that after eight years of feeble and ineffectual efforts to recon-
quer Texas it was time that the war should have ceased. The United
States have a direct interest in the question. The contiguity of the two
nations to our territory was but too well calculated to involve our peace.
Unjust suspicions were engendered in the mind of one or the other of the
belligerents against us, and as a necessary consequence American inter-
ests were made to suffer and our peace became daily endangered; in
addition to which it must have been obvious to all that the exhaustion
produced by the war subjected both Mexico and Texas to the interfer-
ence of other powers, which, without the interposition of this Govern-
ment, might eventuate in the most serious injury to the United States.
This Government from time to time exerted its friendly offices to bring
about a termination of hostilities upon terms honorable alike to both
the belligerents. Its efforts in this behalf proved unavailing. Mexico
seemed almost without an object to persevere in the war, and no other
alternative was left the Executive but to take advantage of the well-
known dispositions of Texas and to invite her to enter into a treaty for
annexing her territory to that of the United States.

Since your last session Mexico has threatened to renew the war, and
has either made or proposes to make formidable preparations for invad-
ing Texas. She has issued decrees and proclamations, preparatory to
the commencement of hostilities, full of threats revolting to humanity,
and which if carried into effect would arouse the attention of all Chris-
tendom. This new demonstration of feeling, there is too much reason to
believe, has been produced in consequence of the negotiation of the late
treaty of annexation with Texas. The Executive, therefore, could not
be indifferent to such proceedings, and it felt it to be due as well to
itself as to the honor of the country that a strong representation should
be made to the Mexican Government upon the subject. This was
accordingly done, as will be seen by the copy of the accompanying dis-
patch from the Secretary of State to the United States envoy at Mexico.
Mexico has no right to jeopard the peace of the world by urging any
longer a useless and fruitless contest. Such a condition of things would
ftot be tolerated on the European continent. Why should it be on this?
A war of desolation, such as is now threatened by Mexico, can not be
waged without involving our peace and tranquillity. It is idle to believe
that such a war could be looked upon with indifference by our own citi-
zens inhabiting adjoining States; and our neutrality would be violated
in despite of all efforts on the part of the Government to prevent it. The
country is settled by emigrants from the United States under invitations
held out to them by Spain and Mexico. Those emigrants have left
behind them friends and relatives, who woxild not fail to sympathize with
them in their difficulties, and who would be led by those sympathies to

2195 Messages and Papers of the Presidents

participate in their struggles, however energetic the action of the Gov-
ernment to prevent it. Nor would the numerous and formidable bands
of Indians — the most warlike to be found in any land — which occupy the
extensive regions contiguous to the States of Arkansas and Missouri, and
who are in possession of large tracts of country within the limits of Texas,
be likely to remain passive. The inclinations of those numerous tribes
lead them invariably to war whenever pretexts exist.

Mexico had no just ground of displeasure against this Government or
people for negotiating the treaty. What interest of hers was affected
by the treaty? She was despoiled of nothing, since Texas was forever
lost to her. The independence of Texas was recognized by several of
the leading powers of the earth. She was free to treat, free to adopt
her own line of policy, free to take the course which she believed was
best calculated to secure her happiness.

Her Government and people decided on annexation to the United
States, and the Executive saw in the acquisition of such a territory the
means of advancing their permanent happiness and glory. What prin-
ciple of good faith, then, was violated? What rule of political morals
trampled under foot? So far as Mexico herself was concerned, the meas-
ure should have been regarded by her as highly beneficial. Her inability
to reconquer Texas had been exhibited, I repeat, by eight (now nine)
years of fruitless and ruinous contest. In the meantime Texas has been
growing in population and resources. Emigration has flowed into her
territory from all parts of the world in a current which continues to
increase in strength. Mexico requires a permanent boundary between
that young Republic and herself. Texas at no distant day, if she con-
tinues separate arid detached from the United States, will inevitably seek
to consolidate her strength by adding to her domain the contiguous
Provinces of Mexico. The spirit of revolt from the control of the central
Government has heretofore manifested itself in some of those Provinces,
and it is fair to infer that they would be inclined to take the first favor-
able opportunity to proclaim their independence and to form close alli-
ances with Texas. The war would thus be endless, or if cessations of
hostilities should occur they would only endure for a season. The inter-
ests of Mexico, therefore, could in nothing be better consulted than in
a peace with her neighbors which would result in the establishment of a
permanent boundary. Upon the ratification of the treaty the Execu-
tive was prepared to treat with her on the most liberal basis. Hence the
boundaries of Texas were left undefined by the treaty. The Executive
proposed to settle these upon terms that all the world should have pro-
nounced just and reasonable. No negotiation upon that point could
have been undertaken between the United States and Mexico in advance
of the ratification of the treaty. We should have had no right, no
power, no authority, to have conducted such a negotiation, and to have
undertaken it would have been an assumption equally revolting to the

John Tylet 2196

pride of Mexico and Texas and subjecting us to the charge of arrogance,
while to have proposed in advance of annexation to satisfy Mexico for
any contingent interest she might have in Texas would have been to
have treated Texas not as an independent power, but as a mere depend-
ency of Mexico. This assumption could not have been acted on by the
Executive without setting at defiance your own solemn declaration that
that Republic was an independent State. Mexico had, it is true, threat-
ened war against the United States in the event the treaty of annexation
was ratified. The Executive could not permit itself to be influenced by
this threat. It represented in this the spirit of our people, who are
ready to sacrifice much for peace, but nothing to intimidation. A war
under any circumstances is greatly to be deplored, and the United States
is the last nation to desire it; but if, as the condition of peace, it be
required of us to forego the unquestionable right of treating with an
independent power of our own continent upon matters highly interest-
ing to both, and that upon a naked and unsustained pretension of claim
by a third power to control the free will of the power with whom we
treat, devoted as we may be to peace and anxious to cultivate friendly
relations with the whole world, the Executive does not hesitate to say
that the people of the United States would be ready to brave all con-
sequences sooner than submit to such condition. But no apprehension
of war was entertained by the Executive, and I must express frankly
the opinion that had the treaty been ratified by the Senate it would have
been followed by a prompt settlement, to the entire satisfaction of Mexico,
of every matter in difference between the two countries. Seeing, then,
that new preparations for hostile invasion of Texas were about to be
adopted by Mexico, and that these were brought about because Texas
had adopted the suggestions of the Executive upon the subject of annexa-
tion, it could not passively have folded its arms and permitted a war,
threatened to be accompanied by every act that could mark a barbarous
age, to be waged against her because she had done so.

Other considerations of a controlling character influenced the course of
the Executive. The treaty which had thus been negotiated had failed to
receive the ratification of the Senate. One of the chief objections which
was urged against it was found to consist in the fact that the question
of annexation had not been submitted to the ordeal of public opinion in
the United States. However untenable such an objection was esteemed
to be, in view of the unquestionable power of the Executive to negotiate
the treaty and the great and lasting interests involved in the question, I
felt it to be my duty to submit the whole subject to Congress as the best
expounders of popular sentiment. No definitive action having been
taken on the subject by Congress, the question referred itself directly
to the decision of the States and people. The great popular election
which has just terminated afforded the best opportunity of ascertaining
the will of the States and the people upon it. Pending that issue it

2iQ7 Messages and Papers of the Presidents

became the imperative duty of the Executive to inform Mexico that the
question of annexation was still before the American people, and that
until their decision was pronounced any serious invasion of Texas would
be regarded as an attempt co forestall their judgment and could not be
looked upon with indifference. I am most happy to inform you that no
such invasion has taken place; and I trust that whatever your action may
be upon it Mexico will see the importance of deciding the matter by a
resort to peaceful expedients in preference to those of arms. The deci-
sion of the people and the States on this great and interesting subject
has been decisively manifested. The question of annexation has been
presented nakedly to their consideration. By the treat}7 itself all collat-
eral and incidental issues which were calculated to divide and distract
the public councils were carefully avoided. These were left to the wis-
dom of the future to determine. It presented, I repeat, the isolated
question of annexation, and in that form it has been submitted to the
ordeal of public sentiment. A controlling majority of the people and a
large majority of the States have declared in favor of immediate annexa-
tion. Instructions have thus come up to both branches of Congress
from their respective constituents in terms the most emphatic. It is the
will of both the people and the States that Texas shall be annexed to
the Union promptly and immediately. It may be hoped that in carrying
into execution the public will thus declared all collateral issues may be
avoided. Future Legislatures can best decide as to the number of States
which should be formed out of the territory when the time has arrived
for deciding that question. So with all others. By the treaty the United
States assumed the payment of the debts of Texas to an amount not
exceeding $10,000,000, to be paid, with the exception of a sum falling
short of $400,000, exclusively out of the proceeds of the sales of her
public lands. We could not with honor take the lands without assum-
ing the full payment of all incumbrances upon them.

Nothing has occurred since your last session to induce a doubt that
the dispositions of Texas remain unaltered. No intimation of an altered
determination on the part of her Government and people has been fur-
nished to the Executive. She still desires to throw herself under the
protection of our laws and to partake of the blessings of our federa-
tive system, while every American interest would seem to require it.
The extension of our coastwise and foreign trade to an amount almost
incalculable, the enlargement of the market for our manufactures, a
constantly growing market for our agricultural productions, safety to our
frontiers, and additional strength and stability to the Union — these are
the results which would rapidly develop themselves upon the consum-
mation of the measure of annexation. In such event I will not doubt
but that Mexico would find her true interest to consist in meeting the
advances of this Government in a spirit of amity. Nor do I apprehend
any serious complaint from any other quarter; no sufficient ground exists

John Tylet 2198

for such complaint. We should interfere in no respect with the rights of
any other nation. There can not be gathered from the act any design
on our part to do so with their possessions on this continent. We have
interposed no impediments in the way of such acquisitions of territory,
large and extensive as many of them are, as the leading powers of
Europe have made from time to time in every part of the world. We
Seek no conquest made by war. No intrigue will have been resorted
to or acts of diplomacy essayed to accomplish the annexation of Texas.
Free and independent herself, she asks to be received into our Union. It
is a question for our own decision whether she shall be received or not.

The two Governments having already agreed through their respective
organs on the terms of annexation, I would recommend their adoption by
Congress in the form of a joint resolution or act to be perfected and made
binding on the two countries when adopted in like manner by the Gov-
ernment of Texas.

In order that the subject may be fully presented in all its bearings, the
correspondence which has taken place in reference to it since the adjourn-
ment of Congress between the United States, Texas, and Mexico is here-
with transmitted.

The amendments proposed by the Senate to the convention concluded
between the United States and Mexico on the 2oth of November, 1843,
have been transmitted through our minister for the concurrence of the
Mexican Government, but, although urged thereto, no action has yet
been had on the subject, nor has any answer been given which would
authorize a favorable conclusion in the future.

The decree of September, 1843, in relation to the retail trade, the order
for the expulsion of foreigners, and that of a more recent date in regard
to passports — all which are considered as in violation of the treaty of
amity and commerce between the two countries — have led to a corre-
spondence of considerable length between the minister for foreign rela-
tions and our representatives at Mexico, but without any satisfactory
result. They remain still unadjusted, and many and serious inconven-
iences have already resulted to our citizens in consequence of them.

Questions growing out of the act of disarming a body of Texan troops
under the command of Major Snively by an officer in the service of the
United States, acting under the orders of our Government, and the forci-
ble entry into the custom-house at Bryarlys Landing, on Red River, by
certain citizens of the United States, and taking away therefrom the
goods seized by the collector of the customs as forfeited under the laws of
Texas, have been adjusted so far as the powers of the Executive extend.
The correspondence between the two Governments in reference to both
subjects will be found amongst the accompanying documents. It con-
tains a full statement of all the facts and circumstances, with the views
taken on both sides and the principles on which the questions have been
adjusted. It remains for Congress to make the necessary appropriation
to carry the arrangement into effect, which I respectfully recommend.

2199 Messages and Papers of the Presidents

The greatly improved condition of the Treasury affords a subject for
general congratulation. The paralysis which had fallen on trade and
commerce, and which subjected the Government to the necessity of
resorting to loans and the issue of Treasury notes to a large amount, has
passed away, and after the payment of upward of $7,000,000 on account
of the interest, and in redemption of more than $5,000,000 of the pub-
lic debt which falls due on the ist of January next, and setting apart
upward of $2,000,000 for the payment of outstanding Treasury notes and
meeting an installment of the debts of the corporate cities of the District
of Columbia, an estimated surplus of upward of $7,000,000 over and
above the existing appropriations will remain in the Treasury at the
close of the fiscal year. Should the Treasury notes continue outstanding
as heretofore, that surplus will be considerably augmented. Although all
interest has ceased upon them and the Government has invited their
return to the Treasury, yet they remain outstanding, affording great facili-
ties to commerce, and establishing the fact that under a well-regulated
system of finance the Government has resources within itself which
render it independent in time of need, not only of private loans, but also
of bank facilities.

The only remaining subject of regret is that the remaining stocks of
the Government do not fall due at an earlier day, since their redemption
would be entirely within its control. As it is, it may be well worthy
the consideration of Congress whether the law establishing the sinking
fund (under the operation of wHch the debts of the Revolution and last
war with Great Britain were to a great extent extinguished) should not,
with proper modifications, so as to prevent an accumulation of surpluses,
and limited in amount to a specific sum, be reenacted. Such provision,
which would authorize the Government to go into the market for a pur-
chase of its own stock on fair terms, would serve to maintain its credit
at the highest point and prevent to a great extent those fluctuations in
the price of its securities which might under other circumstances affect
its credit. No apprehension of this sort is at this moment entertained,
since the stocks of the Government, which but two years ago were offered
for sale to capitalists at home and abroad at a depreciation, and could
find no purchasers, are now greatly above par in the hands of the hold-
ers; but a wise and prudent forecast admonishes us to place beyond the
reach of contingency the public credit.

It must also be a matter of unmingled gratification that under the
existing financial system (resting upon the act of 1789 and the resolution
of 1 8 1 6 ) the currency of the country has attained a state of perfect sound-
ness; and the rates of exchange between different parts of the Union,
which in 1841 denoted by their enormous amount the great deprecia-
tion and, in fact, worthlessness of the currency in most of the States, are
now reduced to little more than the mere expense of transporting specie
from place to place and the risk incident to the operation. In a new

John Tyler > 2200

country like that of the United States, where *o many inducements are
held out for speculation, the depositories of the surplus revenue, consist-
ing of banks of any description, when it reaches any considerable amount,
require the closest vigilance on the part of the Government. All bank-
ing institutions, under whatever denomination they may pass, are gov-
erned by an almost exclusive regard to the interest of the stockholders.
That interest consists in the augmentation of profits in the fonn of divi-
dends, and a large surplus revenue intrusted to their custody is but too
apt to lead to excessive loans and to extravagantly large issues of paper.
As a necessary consequence prices are nominally increased and the specu-
lative mania very soon seizes upon the public mind. A fictitious state
of prosperity for a season exists, and, in the language of the day, money
becomes plenty. Contracts are entered into by individuals resting on
this unsubstantial state of things, but the delusion speedily passes away
and the country is overrun with an indebtedness so weighty as to over-
whelm many and to visit every department of industry with great and
ruinous embarrassment. The greatest vigilance becomes necessary on
the part of Government to guard against this state of things. The de-
positories must be given distinctly to understand that the favors of the
Government will be altogether withdrawn, or substantially diminished,
if its revenues shall be regarded as additions to their banking capital or
as the foundation of an enlarged circulation.

The Government, through its revenue, has at all times an important
part to perform in connection with the currency, and it greatly depends
upon its vigilance and care whether the country be involved in embar-
rassments similar to those which it has had recently to encounter, or,
aided by the action of the Treasury, shall be preserved in a sound and
healthy condition.

The dangers to be guarded against are greatly augmented by too large
a surplus of revenue. When that surplus greatly exceeds in amount
what shall be required by a wise and prudent forecast to meet unforeseen
contingencies, the Legislature itself may come to be seized with a dispo-
sition to indulge in extravagant appropriations to objects many of which
may, and most probably would, be found to conflict with the Constitu-
tion. A fancied expediency is elevated above constitutional authority,
and a reckless and wasteful extravagance but too certainly follows.

The important power of taxation, which when exercised in its most
restricted form is a burthen on labor and production, is resorted to under
various pretexts for purposes having no affinity to the motives which
dictated its grant, and the extravagance of Government stimulates indi-
vidual extravagance until the spirit of a wild and ill-regulated speculation
involves one and all in its unfortunate results. In view of such fatal
consequences, it may be laid down as an axiom founded in moral and
political truth that no greater taxes should be imposed than are nec-
essary for an economical administration of the Government, and that

22oi Messages and Papers of the Presidents

whatever exists beyond should be reduced or modified. This doctrine
does in no way conflict with the exercise of a sound discrimination in
the selection of the articles to be taxed, which a due regard to the public
weal would at all times suggest to the legislative mind. It leaves the
range of selection undefined; and such selection should always be made
with an eye to the great interests of the country. Composed as is the
Union of separate and independent States, a patriotic Legislature will
not fail in consulting the interests of the parts to adopt such course as
will be best calculated to advance the harmony of the whole, and thus
insure that permanency in the policy of the Government without which
all efforts to advance the public prosperity are vain and fruitless.

This great and vitally important task rests with Congress, and the
Executive can do no more than recommend the general principles which
should govern in its execution.

I refer you to the report of the Secretary of War for an exhibition of
the condition of the Army, and recommend to you as well worthy your
best consideration many of the suggestions it contains. The Secretary in
no degree exaggerates the great importance of pressing forward without
delay in the work of erecting and finishing the fortifications to which he
particularly alludes. Much has been done toward placing our cities and
roadsteads in a state of security against the hazards of hostile attack
within the last four years; but considering the new elements which have
been of late years employed in the propelling of ships and the formidable
implements of destruction which have been brought into service, we can
not be too active or vigilant in preparing and perfecting the means of
defense. I refer you also to his report for a full statement of the condi-
tion of the Indian tribes within our jurisdiction. The Executive has
abated no effort in carrying into effect the well-established policy of the
Government which contemplates a removal of all the tribes residing
within the limits of the several States beyond those limits, and it is now
enabled to congratulate the country at the prospect of an early consum-
mation of this object. Many of the tribes have already made great
progress in the arts of civilized life, and through the operation of the
schools established among them, aided by the efforts of the pious men
of various religious denominations who devote themselves to the task
of their improvement, we may fondly hope that the remains of the for-
midable tribes which were once masters of this country will in their
transition from the savage state to a condition of refinement and culti-
vation add another bright trophy to adorn the labors of a well-directed
philanthropy.

The accompanying report of the Secretary of the Navy will explain to
you the situation of that branch of the service. The present organiza-
tion of the Department imparts to its operations great efficiency, but I
concur fully in the propriety of a division of the Bureau of Construction,
Equipment, Increase, and Repairs into two bureaus. The subjects as now

John Tyler 2202

arranged are incongruous, and require to a certain extent information
and qualifications altogether dissimilar.

The operations of the squadron on the coast of Africa have been con-
ducted with all due attention to the object which led to its origination,
and I am happy to say that the officers and crews have enjoyed the best
possible health under the system adopted by the officer in command-
It is believed that the United States is the only nation which has by its
laws subjected to the punishment of death as pirates those who may be
engaged in the slave trade. A similar enactment on the part of other
nations would not fail to be attended by beneficial results.

In consequence of the difficulties which have existed in the way of
securing titles for the necessary grounds, operations have not yet been
commenced toward the establishment of the navy-yard at Memphis. So
soon as the title is perfected no further delay will be permitted to inter-
vene. It is well worthy of your consideration whether Congress should
not direct the establishment of a ropewalk in connection with the con-
templated navy-yard, as a measure not only of economy, but as highly
useful and necessary. The only establishment of the sort now connected
with the service is located at Boston, and the advantages of a similar
establishment convenient to the hemp-growing region must be apparent
to all.

The report of the Secretary presents other matters to your considera-
tion of an important character in connection with the service.

In referring you to the accompanying report of the Postmaster-Gen-
eral it affords me continued cause of gratification to be able to advert to
the fact that the affairs of the Department for the last four years have
been so conducted as from its unaided resources to meet its large expendi-
tures. On my coming into office a debt of nearly $500,000 existed
against the Department, which Congress discharged by an appropriation
from the Treasury. The Department on the 4th of March next will be
found, under the management of its present efficient head, free of debt or
embarrassment, which could only have been done by the observance and
practice of the greatest vigilance and economy. The laws have contem-
plated throughout that the Department should be self -sustained, but it
may become necessary, with the wisest regard to the public interests, to
introduce amendments and alterations in the system.

There is a strong desire manifested in many quarters so to alter the
tariff of letter postage as to reduce the amount of tax at present imposed.
Should such, a measure be carried into effect to the full extent desired,
it can not well be doubted but that for the first years of its operation a
diminished revenue would be collected, the supply of which would neces-
sarily constitute a charge upon the Treasury. Whether such a result
would be desirable it will be for Congress in its wisdom to determine.
It may in general be asserted as true that radical alterations in any sys-
tem should rather be brought about gradually than by sudden changes,

2203 Messages and Papers of the Presidents

and by pursuing this prudent policy in the reduction of letter postage
the Department might still sustain itself through the revenue which
would accrue by the increase of letters. The state and condition of the
public Treasury has heretofore been such as to have precluded the recom-
mendation of any material change. The difficulties upon this head have,
however, ceased, and a larger discretion is now left to the Government.

I can not too strongly urge the policy of authorizing the establishment
of a line of steamships regularly to ply between this country and foreign
ports and upon our own waters for the transportation of the mail. The
example of the British Government is well worthy of imitation in this
respect. The belief is strongly entertained that the emoluments arising
from the transportation of mail matter to foreign countries would operate
of itself as an inducement to cause individual enterprise to undertake
that branch of the task, and the remuneration of the Government would
consist in the addition readily made to our steam navy in case of emer-
gency by the ships so employed. Should this suggestion meet your
approval, the propriety of placing such ships under the command of
experienced officers of the Navy will not escape your observation. The
application of steam to the purposes of naval warfare cogently recom-
mends an extensive steam marine as important in estimating the defenses
of the country. Fortunately this may be obtained by us to a great
extent without incurring any large amount of expenditure. Steam ves-
sels to be engaged in the transportation of the mails on our principal
water courses, lakes, and ports of our coast could also be so constructed
as to be efficient as war vessels when needed, and would of themselves
constitute a formidable force in order to repel attacks from abroad. We
can not be blind to the fact that other nations have already added large
numbers cf steamships to their naval armaments and that this new and
powerful agent is destined to revolutionize the condition of the world.
It becomes the United States, therefore, looking to their security, to adopt
a similar policy, and the plan suggested will enable them to do so at a
small comparative cost.

I take the greatest pleasure in bearing testimony to the zeal and untir-
ing industry which has characterized the conduct of the members of the
Executive Cabinet. Each in his appropriate sphere has rendered me
the most efficient aid in carrying on the Government, and it will not, I
trust, appear out of place for me to bear this public testimony. The
cardinal objects which should ever be held in view by those intrusted
with the administration of public affairs are rigidly, and without favor
or affection, so to interpret the national will expressed in the laws as
that injustice should be done to none, justice to all. This has been the
rule upon which they have acted, and thus it is believed that few cases,
if any, exist wherein our fellow-citizens, who from time to time have
been drawn to the seat of Government for the settlement of their trans-
actions with the Government, have gone away dissatisfied. Where the

John Tyler 2204

testimony has been perfected and was esteemed satisfactory their claims
have been promptly audited, and this in the absence of all favoritism or
partiality. The Government which is not just to its own people can
neither claim their affection nor the respect of the world. At the same
time, the closest attention has been paid to those matters which relate
more immediately to the great concerns of the country. Order and effi-
ciency in each branch of the public service have prevailed, accompanied
by a system of the most rigid responsibility on the part of the receiving
and disbursing agents. The fact, in illustration of the truth of this
remark, deserves to be noticed that the revenues of the Government,
amounting in the last four years to upward of $120,000,000, have been
collected and disbursed through the numerous governmental agents with-
out the loss by default of any amount worthy of serious commentary.

The appropriations made by Congress for the improvement of the rivers
of the West and of the harbors on the Lakes are in a course of judicious
expenditure under suitable agents, and are destined, it is to be hoped, to
realize all the benefits designed to be accomplished by Congress. I can
not, however, sufficiently impress upon Congress the great importance
of withholding appropriations froir improvements which are not ascer-
tained by previous examination and survey to be necessary for the shelter
and protection of trade from the dangers of storms and tempests. With-
out this precaution the expenditures are but too apt to inure to the bene-
fit of individuals, without reference to the only consideration which can
render them constitutional — the public interests and the general good.

I can not too earnestly urge upon you the interests of this District,
over which by the Constitution Congress has exclusive jurisdiction. It
would be deeply to be regretted should there be at any time ground to
complain of neglect on the part of a community which, detached as it is
from the parental care of the States of Virginia and Maryland, can only
expect aid from Congress as its local legislature. Amongst the subjects
which claim your attention is the prompt organization of an asylum for
the insane who may be found from time to time sojouriing within the
District. Such course is also demanded by considerations which apply
to branches of the public service. For the necessities in this behalf I
invite your particular attention to the report of the Secretary of the Navy.

I have thus, gentlemen of the two Houses of Congress, presented you
a true and faithful picture of the condition of public affairs, both foreign
and domestic. The wants of the public sen-ice are made known to
you, and matters of no ordinary importance are urged upon your con-
sideration. Shall I not be permitted to congratulate you on the happy
auspices under which you have assembled and at the important change
in the condition of things which has occurred in the last three years5
During that period questions with foreign powers of vital importance to
the peace of our country have been settled and adjusted. A desolating
and wasting war with savage tribes has been brought to a close. The

2205 Messages and Papers of the Presidents

internal tranquillity of the country, threatened by agitating questions, has
been preserved. The credit of the Government, which had experienced
a temporary embarrassment, has been thoroughly restored. Its coffers,
which for a season were empty, have been replenished. A currency
nearly uniform in its value has taken the place of one depreciated and
almost worthless. Commerce and manufactures, which had suffered
in common with every other interest, have once more revived, and the
whole country exhibits an aspect of prosperity and happiness. Trade
and barter, no longer governed by a wild and speculative mania, rest
upon a solid and substantial footing, and the rapid growth of our cities
in every direction bespeaks most strongly the favorable circumstances
by which we are surrounded. My happiness in the retirement which
shortly awaits me is the ardent hope which I experience that this state
of prosperity is neither deceptive nor destined to be short lived, and that
measures which have not yet received its sanction, but which I can not
but regard as closely connected with the honor, the glory, and still more
enlarged prosperity of the country, are destined at an early day to receive
the approval of Congress. Under these circumstances and with these
anticipations I shall most gladly leave to others more able than myself
the noble and pleasing task of sustaining the public prosperity. I shall
carry with me into retirement the gratifying reflection that as my sole
object throughout has been to advance the public good I may not entirely
have failed in accomplishing it; and this gratification is heightened in
no small degree by the fact that when under a deep and abiding sense
of duty I have found myself constrained to resort to the qualified veto it
has neither been followed by disapproval on the part of the people nor
weakened in any degree their attachment to that great conservative
feature of our Government. JOHN TYLER

SPECIAL MESSAGES.

WASHINGTON, December 10, 184.4..
To the Senate of the United States:

I have great pleasure in submitting to the Senate, for its ratification
and approval, a treaty which has been concluded between Mr. Gushing,
the United States commissioner, and the Chinese Empire.

JOHN TYLER.

WASHINGTON, December 10, 184.4..
To the Senate of the United States:

I submit copies of two private and confidential letters addressed by
Mr. Fay, acting in his place during the absence of Mr. \Yheaton from

John Tylet 2206

Berlin, from which it appears that should the Senate see cause to ratify
the treaty with the States composing the Zollverein without reference
to the fact that the time limited for the exchange of its ratification
bad expired the Germanic States would regard the time fixed for the
exchange of ratifications as immaterial and would give by their action
upon it vitality and force to the treaty. I submit it to your mature
consideration whether, in view of the important benefits arising from
the treaty to the trade and commerce of the United States and to their
agriculture, it would not comport with sound policy to adopt that course.
The Executive, not regarding the action of the Senate upon the treaty
as expressive of its decisive opinion, deemed it proper to reopen the nego-
tiations so far as to obtain an extension of time for the interchange of
ratifications. The negotiation failed, however, in this particular, out
of no disinclination to abide by the terms of the treaty on the part of
the Zollverein, but from a belief that it would not fully comport with
its dignity to do so. JQHN TYLER.

WASHINGTON, December ro, 184.4..
To the Senate and House of Representatives:

I communicate to you an extract of a dispatch from Mr. Hall to the
Secretary of State, which has been received by me since my message of
the 3d instant, containing the pleasing intelligence that the indemnity
assumed to be paid by the Republic of Venezuela in the case of the brig
Morris has been satisfactorily arranged. JOHN TYLER

WASHINGTON, December /<?, 184.4..
To the Senate and House of Representatives:

I transmit herewith copies of dispatches received from our minister at
Mexico since the commencement of your present session, which claim
from their importance, and I doubt not will receive, your calm and delib-
erate consideration. The extraordinary and highly offensive language
which the Mexican Government has thought proper to employ in reply
to the remonstrance of the Executive, through Mr. Shannon, against the
renewal of the war with Texas while the question of annexation was
pending before Congress and the people, and also the proposed manner
of conducting that war, will not fail to arrest your attention. Such
remonstrance, urged in no unfriendly spirit to Mexico, was called for
by considerations of an imperative character, having relation as well
to the peace of this country and honor of this Government as to the
cause of humanity and civilization. Texas had entered into the treaty
of annexation upon the invitation of the Executive, and when for that
act she was threatened with a renewal of the war on the part of Mexico
she naturally looked to this Government to interpose its efforts to ward

2207 Messages and Papers of the Presidents

off the threatened blow. But one course was left the Executive, acting
within the limits of its constitutional competency, and that was to pro-
test in respectful, but at the same time strong and decided, terms against
it. The war thus threatened to be renewed was promulgated by edicts
and decrees, which ordered on the part of the Mexican military the desola-
tion of whole tracts of country and the destruction without discrimination
of all ages, sexes, and conditions of existence. Over the manner of con-
ducting war Mexico possesses no exclusive control. She has no right
to violate at pleasure the principles which an enlightened civilization
has laid down for the conduct of nations at war, and thereby retrograde
to a period of barbarism, which happily for the world has long since
passed away. All nations are interested in enforcing an observance
of those principles, and the United States, the oldest of the American
Republics and the nearest of the civilized powers to the theater on
which these enormities were proposed to be enacted, could not quietly
content themselves to witness such a state of things. They had through
the Executive on another occasion, and, as was believed, with the appro-
bation of the whole country, remonstrated against outrages similar but
even less inhuman than those which by her new edicts and decrees she
has threatened to perpetrate, and of which the late inhuman massacre
at Tabasco was but the precursor.

The bloody and inhuman murder of Fannin and his companions,
equaled only in savage barbarity by the usages of the untutored Indian
tribes, proved how little confidence could be placed on the most solemn
stipulations of her generals, while the fate of others who became her
captives in war — many of whom, no longer able to sustain the fatigues
and privations of long journeys, were shot down by the wayside, while
their companions who survived were subjected to sufferings even more
painful than death — had left an indelible stain on the page of civiliza-
tion. The Executive, with the evidence of an intention on the part of
Mexico to renew scenes so revolting to humanity, could do no less tlian
renew remonstrances formerly urged. For fulfilling duties so imperative
Mexico has thought proper, through her accredited organs, because she
has had represented to her the inhumanity of such proceedings, to indulge
in language unknown to the courtesy of diplomatic intercourse and offen-
sive in the highest degree to this Government and people. Nor has she
offended in this only. She has not only violated existing conventions
between the two countries by arbitrary and unjust decrees against our
trade and intercourse, but withholds installments of debt due to our citi-
zens which she solemnly pledged herself to pay under circumstances
which are fully explained by the accompanying letter from Mr. Green,
our secretary of legation. And when our minister has invited the atten-
tion of her Government to wrongs committed by her local authorities, not
only on the property but on the persons of our fellow-citizens engaged
in prosecuting fair and honest pursuits, she has added insult to injury

John Tylei 2208

by not even deigning for months together to return an answer to his
representations. Still further to manifest her unfriendly feelings toward
the United States, she has issued decrees expelling from some of her
Provinces American citizens engaged in the peaceful pursuits of life,
and now denies to those of our citizens prosecuting the whale fishery on
the northwest coast of the Pacific the privilege, which has through all
time heretofore been accorded to. them, of exchanging goods of a small
amount in value at her ports in California for supplies indispensable to
their health and comfort.

Nor will it escape the observation of Congress that in conducting a cor-
respondence with a minister of the United States, who can not and does
not know any distinction between the geographical sections of the Union,
charges wholly unfounded are made against particular States, and an
appeal to others for aid and protection against supposed wrongs. In this
same connection, sectional prejudices are attempted to be excited and the
hazardous and unpardonable effort is made to foment divisions amongst
the States of the Union and thereby imbitter their peace. Mexico has
still to learn that however freely we may indulge in discussion among
ourselves, the American people will tolerate no interference in their
domestic affairs by any foreign government, and in all that concerns
the constitutional guaranties and the national honor the people of the
United States have but one mind and one heart.

The subject of annexation addresses itself, most fortunately, to every
portion of the Union. The Executive would have been unmindful of its
highest obligations if it could have adopted a course of policy dictated by
sectional interests and local feelings. On the contrary, it was because
the question \vas neither local nor sectional, but made its appeal to the
interests of the whole Union, and of every State in the Union, that
the negotiation, and finally the treaty of annexation, was entered into;
and it has afforded me no ordinary pleasure to perceive that so far as
demonstrations have been made upon it by the people they have pro-
ceeded from all portions of the Union. Mexico may seek to excite
divisions amongst us by uttering unjust denunciations against particu-
lar States, but when she comes to know that the invitations addressed
to our fellow-citizens by Spain, and afterwards by herself, to settle
Texas were accepted by emigrants from all the States, and when, in
addition to this, she refreshes her recollection with the fact that the first
effort which was made to acquire Texas was during the Administration
of a distinguished citizen from an Eastern State, which was afterwards
renewed under the auspices of a President from the Southwest, she will
awake to a knowledge of the futility of her present purpose of sowing
dissensions among us or producing distraction in our councils by attacks
either on particular States or on persons who are now in the retirement
of private life.

Considering the appeal which she now makes to eminent citi/.ens by

220Q Messages and Papers of the Presidents

name, can she hope to escape censure for having ascribed to them, as well
as to others, a design, as she pretends now for the first time revealed, of
having originated negotiations to despoil her by duplicity and falsehood
of a portion of her territory? The opinion then, as now, prevailed with
the Executive that the annexation of Texas to the Union was a matter of
vast importance. In order to acquire that territory before it had assumed
a position among the independent powers of the earth, propositions were
made to Mexico for a cession of it to the United States. Mexico saw in
these proceedings at the time no cause of complaint. She is now, when
simply reminded of them, awakened to the knowledge of the fact, which
she, through her secretary of state, promulgates to the whole world as
true, that those negotiations were founded in deception and falsehood
and superinduced by unjust and iniquitous motives. While Texas was
a dependency of Mexico the United States opened negotiations with the
latter power for the cession of her then acknowledged territory, and now
that Texas is independent of Mexico and has maintained a separate exist-
ence for nine years, during which time she has been received into the
family of nations and is represented by accredited ambassadors at many
of the principal Courts of Europe, and when it has become obvious to the
whole world that she is forever lost to Mexico, the United States is charged
with deception and falsehood in all relating to the past, and condemnatory
accusations are made against States which have had no special agency in
the matter, because the Executive of the whole Union has negotiated with
free and independent Texas upon a matter vitally important to the inter-
ests of both countries; and after nine years of unavailing war Mexico
now announces her intention, through her secretary of foreign affairs,
never to consent to the independence of Texas or to abandon the effort
to reconquer that Republic. She thus announces a perpetual claim,
which at the end of a century will furnish her as plausible a ground for
discontent against any nation which at the end of that time may enter into
a treaty with Texas as she possesses at this moment against the United
States. The lapse of time can add nothing to her title to independence.
A course of conduct such as has been described on the part of Mexico,
in violation of all friendly feeling and of the courtesy which should char-
acterize the intercourse between the nations of the earth, might well
justify the United States in a resort to any measures to vindicate their
national honor; but, actuated by a sincere desire to preserve the general
peace, and in view of the present condition of Mexico, the Executive,
resting upon its integrity, and not fearing but that the judgment of the
world will duly appreciate its motives, abstains from recommending to
Congress a resort to measures of redress and contents itself with reurging
upon that body prompt and immediate action on the subject of annexa-
tion. By adopting that measure the United States will be in the exercise
of an undoubted right; and if Mexico, not regarding their forbearance,
shall aggravate the injustice of her conduct by a declaration of war
against them, upon her head will rest all the responsibility.

JOHN TYLER.

John Tyler 2210

WASHINGTON, December 23, 1844.
To the Senate of the United States:

The messenger who lately bore to Berlin the ratified copy of the con-
vention for the mutual abolition of the droit d'aubaine and taxes on emi-
gration between the United States of America and the Grand Duchy of
Hesse, has just returned to Washington, bearing with him the exchange
copy of said convention. It appears that the exchange of ratifications
did not take place until the i6th day of October, twenty days after the
period fixed by the convention itself for that purpose. This informality,
which it would seem was occasioned by the absence from Berlin of the
plenipotentiary from Hesse and by the time necessarily required for
the preparation of the document, has been waived by the representative
of that Government.

This subject is now submitted for the consideration of the Senate.

JOHN TYLER.

WASHINGTON, December 23, 184.4..
To the Senate of the United States:

I herewith transmit a letter from the Secretary of State, accompanied
by copies of the correspondence* asked for by your resolution of the i2th
instant. JOHN TYi,ER.

WASHINGTON, January 2, 184.5.

To the Senate of the United States:

I transmit herewith a letter from the Secretary of State, accompanied by
a copy of a letter f from Mr. Raymond, secretary of legation and charge
d'affaires ad interim of the Republic of Texas, in answer to the Senate's
resolution of the i6th December last. TOHN TYLER

WASHINGTON, January 2, 184.5.

To the Senate of the United States:

In answer to your resolution of the igth December last, I herewith
transmit a letter | from the Secretary of State and the accompanying
documents. JQHN TYLER.

WASHINGTON, January p, 184.5.

To the House of Representatives:

I herewith transmit to the House of Representatives, in reply to their
resolution of the i/|.th of June last, a report from the Secretary of State,
with accompanying papers. § JOHN TYLER.

* Extracts from theinstrnclionsof the Department of State to the United States minister to France
relative to the proposed annexation of Texas, etc.

t Relating to the public debt and public lands of the Republic of Texas.

\ Transmitting copiesof treaties between the Republicof Texas and Great Britain and France.

§ Copy of the instructions to C.i-nree \V. Ervingr upou his appointment as minister to Spain in
1814 and duriusr his mission to that Court.

22 1 1 Messages and Papers of the Presidents

WASHINGTON, January p, 184.5.
To the Senate of the United States:

I transmit herewith additional documents having relation to the treaty
with China, which may enable the Senate more satisfactorily to act

upon Jt' JOHN TYLER.

WASHINGTON, January 22, 184.5.
To the Senate and House of Representatives of the United States:

I communicate herewith an abstract of the treaty between the United
States of America and the Chinese Empire concluded at Wang-Hiya on
the 3d of July last, and ratified by the Senate on the i6th instant, and
which, having also been ratified by the Emperor of China, now awaits
only the exchange of the ratifications in China, from which it will be
seen that the special mission authorized by Congress for this purpose
has fully succeeded in the accomplishment so far of the great objects for
which it was appointed, and in placing our relations with China on a
new footing eminently favorable to the commerce and other interests of
the United States.

In view of the magnitude and importance of our national concerns,
actual and prospective, in China, I submit to the consideration of Con-
gress the expediency of providing for the preservation and cultivation
of the subsisting relations of amity between the United States and the
Chinese Government, either by means of a permanent minister or com-
missioner with diplomatic functions, as in the case of certain of the
Mohammedan States. It appears by one of the extracts annexed that
the establishment of the British Government in China consists both of
a plenipotentiary and also of paid consuls for all the five ports, one of
whom has the title and exercises the functions of consul-general; and
France has also a salaried consul-general, and the interests of the United
States seem in like manner to call for some representative in China of a
higher class than an ordinary commercial consulate.

I also submit to the consideration of Congress the expediency of mak-
ing some special provision by law for ihe security of the independent and
honorable position which the treaty of Wang-Hiya confers on citizens of
the United States residing or doing business in China. By the twenty-
first and twenty-fifth articles of the treaty (copies of which are subjoined
in c.rtcnso) citizens of the United States in China are wholly exempted,
as well in criminal as in civil matters, from the local jurisdiction of the
Chinese Government and made amenable to the laws and subject to
the jurisdiction of the appropriate authorities of the United States alone.
Some action on the part of Congress seems desirable in order to give full
effect to these important concessions of the Chinese Government.

JOHN TYLER.

John Tyler 2212

WASHINGTON, January
To the Senate and House of Representatives of the United States:

In compliance with the request of the governor of the State of Illinois,
I transmit herewith a copy of certain resolutions* adopted by the general
assembly of that State.

JQHN

WASHINGTON, February 3, 184.5.
To the Senate of the United States:

In answer to the resolution of the Senate of the 2d ultimo, calling for
information in reference to the indemnities stipulated to be paid pursuant
to the convention between the United States and the Mexican Repub-
lic of the 30th of January, 1843, I transmit herewith reports from the
Secretaries of State and of the Treasury and the documents which
accompanied them. JOHN TYLER.

WASHINGTON, February j, 184.5.
To the House of Representatives:

In answer to the resolution of the House of Representatives of the 23d
ultimo, requesting information upon the subject of embezzlement of
public money, I transmit herewith a report from the Secretary of State.

JOHN TYLER.

WASHINGTON, February j, 184.5.
To the House of Representatives:

In answer to the resolution of the House of Representatives of the
r6th ultimo, calling for information upon the subject of the boundaries
of the Republic of Texas and for copies of treaties between that Repub-
lic and other powers, I transmit herewith a report from the Secretary of
State and the documents which accompanied it.

JOHN TYLER.

WASHINGTON, February
To the Senate of the United States:

In compliance with the resolution of the Senate of the 5th December, I
herewith transmit copies of the proceedings in the case of the inquiry into
the official conduct of Silas Reed, principal surveyor of Missouri and Illi-
nois, together with all the complaints against him and all the evidence
taken in relation thereto. I did not consider the irregularities into which
the surveyor-general had fallen as of sufficient magnitude to induce his
dismissal from office at the time that the parsers reached me, having become
convinced, upon inquiry of the Commissioner of the (General Land Office.
of the ability, efficiency, and fidelity of the surveyor-general in all things

*Askiii(r the publication anil distribution of the decisions of the SUJMCIIK- Court of the I'nitcd
States.

2213 Messages and Papers of the Presidents

appertaining to his office; but since the passage of the resolution by the
Senate I regarded the matter as so augmented in importance as to induce
me to refer the subject to the Commissioner of the General Land Office
for a minute and thorough examination. A copy of the report which
he has made, and also the defense of Dr. Reed, accompanies the papers.
It has seemed to me that the facts set forth by the report exhibit certain
irregularities which are properly reprehensible, but from which neither
the surveyor-general, in a pecuniary point of view, derived profit nor
the Government sustained loss, and which the reproof contained in the
Commissioner's report will in all future cases restrain; while the high
testimony borne by the Commissioner to the generally excellent deport-
ment in office of the surveyor-general has seemed to me to mark the case
more as one meriting disapproval and correction in future than the severe
punishment of dismissal. JOHN TYLER

WASHINGTON, February 5, 184.5.
To the Hotise of Representatives of the United States:

I herewith transmit to the House of Representatives, in answer to its
resolution of the 3ist ultimo, a report from the Secretary of State, together
with copies of documents* therein referred to.

JOHN TYLER.

WASHINGTON, February 5, 184.5.
To the Senate of the United States:

In compliance with the resolution of the Senate of the roth of December
last, requesting further correspondence touching the relations between the
United States and the Mexican Republic, I transmit herewith a report
from the Secretary of State and the documents which accompanied it.

JOHN TYLER.

WASHINGTON, February 7, 184.5.
To the Senate of the United States:

I transmit herewith the report f requested by the resolution of the
Senate of the 2d of January last. TOHN TYLER

WASHINGTON, February 7, 184.5.
To the Senate of the United States:

In answer to the resolution of the Senate of the 4th instant, requesting
information relative to the employment of Mr. Duff Green in the service
of this Government, I transmit herewith a report from the Secretary of

JOHN TYLER.

* Correspondence relative to the surrender by Great Britain of fugitive criminals from Florida
under the treaty of Washington.
t Of lieutenant H. Wager Halleclt, of the Engineer Corps, on the means of national defense.

John Tyler 2214

WASHINGTON, February 12, 184.5.
To the House of Representatives of the United States:

I transmit herewith a copy of the correspondence relating to the claims
of citizens of the United States upon the Mexican Republic, requested
by the resolution of the House of Representatives of the loth of January,

l844' JOHN TYLER.

WASHINGTON, February 12, 184.5.
To the Senate of the United States:

I transmit herewith a copy of the correspondence relative to claims of
citizens of the United States on the Mexican Republic, requested by the
resolution of the Senate of the 26th December, 1843.

JOHN TYLER.

WASHINGTON CITY, February ij, 184.5.
To the Senate of the United States:

I transmit herewith, for the advice and approbation of the Senate, a
treaty with the Creek and Seminole tribes of Indians, concluded on the
4th day of January last. JOHN TYLER.

WASHINGTON, February //, 184.5.
To the Senate of the United States:

I herewith transmit certain documents connected with the case of Silas
Reed,* and which were inadvertently omitted in the packet of papers
which accompanied my message to the Senate on this subject.

JOHN TYLER.

WASHINGTON, February 77, 1845.
To the House of Representatives:

In compliance with the resolution of the House of Representatives
of the 3oth of December last, requesting information with reference to
indemnities for claims of citizens of the United States upon the Mexi-
can Government, I transmit herewith a report from the Secretary of
State and the documents which accompanied it.

JOHN TYLER.

WASHINGTON, February 19,
To the Senate of the United States:

In answer to the resolution of the Senate of the nth December, 1844,
requesting the President "to lay before the Senate, if in his judgment

* Principal surveyor of Missouri ami Illinois, official conduct of.

2215 Messages and Papers of the Presidents

that may be done without prejudice to the public interests, a copy of
any instructions which may have been given by the Executive to the
American minister in England on the subject of the title to and occupa-
tion of the Territory of Oregon since the 4th day of March, 1841; also
a copy of any correspondence which may have passed between this
Government and that of Great Britain, or between either of the two
Governments and the minister of the other, in relation to that subject
since that time," I have to say that in my opinion, as the negotiation is
still pending, the information sought for cannot be communicated without
prejudice to the public service.

I deem it, however, proper to add that considerable progress has been
made in the discussion, which has been carried on in a very amicable
spirit between the two Governments, and that there is reason to hope
that it may be terminated and the negotiation brought to a close within
a short period.

I have delayed answering the resolution under the expectation expressed
in my annual message that the negotiation would have been terminated
before the close of the present session of Congress, and that the informa-
tion called for by the resolution of the Senate might be communicated.

JOHN TYLER.

WASHINGTON, February 20, 184.5.
To the Senate of the United States:

I herewith communicate to the Senate a report * from the Secretary of
State, in reply to the inquiries contained in their resolution of the lyth

JOHN TYLER.

WASHINGTON, February 20, 184.5.
To the Senate and House of Representatives of the United States:

I transmit herewith, for the information of Congress, copies of certain
dispatches recently received from Mr. Wise, our envoy extraordinary and
minister plenipotentiary at the Court of Brazil, upon the subject of the
slave trade, developing the means used and the devices resorted to in
order to evade existing enactments upon that subject.

Anxiously desirous as are the United States to suppress a traffic so
revolting to humanity, in the efforts to accomplish which they have been
the pioneers of civilized states, it can not but be a subject of the most
profound regret that any portion of our citizens should be found acting
in cooperation with the subjects of other powers in opposition to the
policy of their own Government, thereby subjecting to suspicion and to
the hazard of disgrace the flag of their own country. It is true that this

* Relating to redress from the Hritish Government for the illegal capture of the fishing schooner
Argus ami other American vessels engaged in the fisheries, under a pretended infraction of the
convention of October 20, 1818.

John Tyler 2216

traffic is carried on altogether in foreign parts and that our own coasts
are free from its pollution; but the crime remains the same wherever
perpetrated, and there are many circumstances to warrant the belief that
some of our citizens are deeply involved in its guilt. The mode and
manner of carrying on this trade are clearly and fearlessly set forth in
the accompanying documents, and it would seem that a regular system
has been adopted for the purpose of thwarting the policy and evading
the penalties of our laws. American vessels, with the knowledge, as
there are good reasons to believe, of the owners and masters, are char-
tered, or rather purchased, by notorious slave dealers in Brazil, aided
by English brokers and capitalists, with this intent. The vessel is only
nominally chartered at so much per month, while in truth it is actually
sold, to be delivered on the coast of Africa; the charter party binding the
owners in the meantime to take on board as passengers a new crew in
Brazil, who, when delivered on the coast, are to navigate her back to the
ports of Brazil with her cargo of slaves. Under this agreement the ves-
sel clears from the United States for some port in Great Britain, where
a cargo of merchandise known as "coast goods," and designed especially
for the African trade, is purchased, shipped, and consigned, together
with the vessel •athe? directly to me sia-v^ dealer himself or to his agents
or accomplices in Brazil. On her arrival a new «rew is put on board as
passengers and the vessel and cargo consigned to an equally guilty factor
crx ^gent on the coast of Africa, where the unlawful purpose originally
designed is finally consummated. The merchandise is exchanged for
slaves, the vessel is delivered up, her name obliterated, her papers
destroyed, her American crew discharged, to be provided for by the
charterers, and the new or passenger crew put in command to carry back
its miserable freight to the first contrivers of the voyage, or their employees
in Brazil.

During the whole progress of this tortuous enterprise it is possible
that neither the American crew originally enlisted nor the passenger
crew put on board in the Brazilian ports are aware of the nature of the
voyage, and yet it is on these principally, ignorant if not innocent, that
the penalties of the law are inflicted, while the guilty contrivers — the
charterers, brokers, owners, and masters; in short, all who are most
deeply concerned in the crime and its rewards — for the most part
escape unpunished.

It will be seen from the examinations which have recently taken place
at Rio that the subjects of Her Britannic Majesty as well as our own
citizens are deeply implicated in this inhuman traffic. British factors
and agents, while they supply Africa with British fabrics in exchange
for slaves, are chiefly instrumental in the abuse of the American flag;
and the suggestions contained in the letter of Mr. Wise (whose judi-
cious and zealous efforts in the matter can not be too highly commended),'
addressed to Mr. Hamilton, the British envoy, as to the best mode of

2217 Messages and Papers of the Presidents

suppressing the evil, deserve your most deliberate consideration, as they
will receive, I doubt not, that of the British Government.

It is also worthy of consideration whether any other measures than
those now existing are necessary to give greater efficacy to the just and
humane policy of our laws, which already provide for the restoration
to Africa of slaves captured at sea by American cruisers. From time to
time provision has been made by this Government for their comfortable
support and maintenance during a limited period after their restoration,
and it is much to be regretted that this liberal policy has not been
adopted by Great Britain. As it is, it seems to me that the policy it
has adopted is calculated rather to perpetuate than to suppress the trade
by enlisting very large interests in its favor. Merchants and capitalists
furnish the means of carrying it on; manufactures, for which the negroes
are exchanged, are the products of her workshops; the slaves, when cap-
tured, instead of being returned back to their homes are transferred to
her colonial possessions in the West Indies and made the means of swell-
ing the amount of their products by a system of apprenticeship for a term
of years; and the officers and crews who capture the vessels receive on
the whole number of slaves so many pounds sterling per capita by way
of bounty.

It must be obvious that while these large interests are enlisted in favor
of its continuance it will be difficult, if not impossible, to suppress the
nefarious traffic, and that its results would be in effect but a continuance
of the slave trade in another and more cruel form; for it can be but a
matter of little difference to the African whether he is torn from his
country and transported to the West Indies as a slave in the regular
course of the trade, or captured by a cruiser, transferred to the same
place, and made to perform the same labor under the name of an appren-
tice, which is at present the practical operation of the policy adopted.

It is to be hoped that Her Britannic Majesty's Government will, upon
a review of all the circumstances stated in these dispatches, adopt more
efficient measures for the suppression of the trade, which she has so long
attempted to put down, with, as yet, so little success, and more consonant
with the original policy of restoring the captured African to his home.

JOHN TYLER.

WASHINGTON, February 21, 184.5.
To the Senate of the United States:

I transmit to the Senate, for its consideration with a view to ratifica-
tion, a treaty of peace, friendship, navigation, and commerce between
ihe United States and the Republic of New Granada, signed at Bogota
on the 2oth of December last. A copy of the papers on file in the
Department of State relating to the treaty is also herewith communi-
cated, for the information of the Senate. JOHN TYLER

John Tyler 2218

WASHINGTON, February 21, 1845.
To the Senate of the United States:

I herewith transmit to the Senate, in answer to their resolution of
the i4th instant, a report of the Secretary of State, with the accom-
panying papers.* JOHN TYLER.

WASHINGTON, February 21, 1845.
To the House of Representatives of the United States:

In compliance with your resolution of the 23d January last, asking
information "if any, and what, officers of the United States have been
guilty of embezzlement of public money since the igth August, 1841,
and, further, whether such officers have been criminally prosecuted for
such embezzlement, and, if not, that the reasons why they have not
been so prosecuted be communicated," I herewith transmit letters from
the Secretaries of the Treasury, War, and Navy Departments and the
Postmaster- General, and from various heads of bureaus, from which it
will be seen that no case of embezzlement by any person holding office
under the Government is known to have occurred since the igth August,
1841, unless exceptions are to be found in the cases of the postmaster at
Tompkinsville, Ky. , who was instantly removed from office, and all
papers necessary for his prosecution were transmitted to the United
States district attorney, and John Flanagan, superintendent of lead
mines of the Upper Mississippi, who was also removed, and whose place
of residence, as will be seen by the letter of the head of the Ordnance
Bureau, has been, and still is, unknown. JOHN TYLER.

WASHINGTON, February 24., 184.5.
To the Senate of the United States:

I herewith communicate to the Senate, for its consideration, a conven-
tion concluded by the minister of the United States at Berlin with the
Kingdom of Bavaria, dated on the 2ist day of January, 1845, for the
mutual abolition of the droit d'aubaine and taxes on emigration between
that Government and the United States, and also a copy of a dispatch
from the minister explanatory of the sixth article of the same.

JOHN TYLER.

WASHINGTON, February 26, 184.5.
To the Senate of the United States:

I transmit herewith a communication from the Secretary of the Treas-
ury, inclosing reports from the Commissioner of the General Land Office,
dated the 25th instant, and accompanying papers, in compliance with
your resolution of the lyth instant, asking for information relative to res-
ervations of mineral lands in the State of Illinois south of the base line
and west of the third principal meridian. JOHN TYLER.

* Instructions to Hon. Caleb Cushinir. commissioner to China and envoy extraordinary and min-
ister plenipotentiary to the Court of China, etc.

22ig Messages and Papers of the Presidents

WASHINGTON, February 26, 184.5.
To the Senate of the United States:

I herewith communicate a dispatch recently received, and an extract
from one of a prior date, from our minister at Mexico, which I deem it
important to lay confidentially before the Senate.

JOHN TYLER.

WASHINGTON, February 26, 184.5.
To the Senate of the United States:

In compliance with the resolution of the Senate of the 3d instant, I
herewith transmit the information* called for.

JOHN TYLER.

WASHINGTON, February 26, 184.5.
To the Senate of the United States:

I herewith transmit to the Senate, for its approval, an additional article
to the treaty of extradition between the United States and France of the
9th of November, 1843. It will be found to contain the amendments
suggested by the resolution of the Senate of the i5th of June last.

JOHN TYLER.

WASHINGTON, February 28, 184.5.
To the Senate of the United States:

I transmit herewith to the Senate, in answer to its resolution of the iyth
instant, a report f from the Secretary of State, together with the copies
of papers therein referred to. JOHN TYLER

VETO MESSAGE.

WASHINGTON, February 20, 184.5.
To the Senate of the United States:

I herewith return the bill entitled ' 'An act relating to revenue cutters
and steamers," with the following objections to its becoming a law:

The Executive has found it necessary and esteemed it important to
the public interests to direct the building of two revenue boats, to be
propelled by wind or steam, as occasion may require — the one for the
coast of Georgia and the other for Mobile Bay, to be used as dispatch

* Operations of the United States squadron on the west coast of Africa, the growth, condition,
and influence of the American colonies there, and the nature, extent, and progress of the commerce
of the United States with the same.

t Relating to redress from the British Government for the illegal capture of the fishing schooner
Argus and other American vessels engraved in the fisheries, under a pretended infraction of the
convention of October 20, 1818.

John TyUr 2220

vessels if necessary. The models have been furnished by the Navy
Department and side wheels have been ordered, as being best tested and
least liable to failure. The one boat is directed to be built at Richmond,
Va., the other at Pittsburg, Pa., and contracts have been regularly
entered into for their construction. The contractors have made and are
making all necessary arrangements in procuring materials and sites for
building, etc., and have doubtless been at considerable expense in the
necessary preparations for completing their engagements. It was no
part of the intention of the Senate in originating the bill, I am well con-
vinced, to violate the sanctity of contracts regularly entered into by the
Government. The language of the act, nevertheless, is of a character to
produce in all probability that effect. Its language is ' ' that no revenue
cutter or revenue steamer shall hereafter be built {excepting such as are
now in the course of building or equipment) nor purchased unless an appro-
priation be first made by law therefor. ' ' The building of the two cutters
under contract can not be said properly to have commenced, although
preparations have been made for building; but even if the construction
be ambiguous, it is better that all ambiguity should be removed and thus
the hazard of violating the pledged faith of the country be removed along
with it.

I am free to confess that, existing contracts being guarded and pro-
tected, the law to operate in futuro would be regarded as both proper
and wise.

With these objections, I return the bill to the House in w?hich it origi-
nated for its final constitutional action. JOHN TYLER

PROCLAMATION.

[From Senate Journal, Twenty-eighth Congress, second session, p. 371.]

WASHINGTON, January 8, 1845.
To the Senators of the United States, respectively.

SIR: Objects interesting to the United States requiring that the Senate
should be in session on Tuesday, the 4th of March next, to receive and
act upon such communications as may be made to it on the part of the
Executive, your attendance in the Senate Chamber, in this city, on that
day at 10 o'clock in the forenoon is accordingly requested.

JOHN TYLER,

72

QUESTIONS.

1. What is the duty of the President in case of an insurrection

within a State? Page 2138.

2. What European nations protested against annexation of

Texas to the United States? Page 2179.

3. What States asked Congress to publish and distribute the

decisions of the Supreme Court? Pages 2130, 2212.

4. What were the President's recommendations as to the estab-

lishment of a line of foreign mail steamships ? Page 2203.

5. What are the principles of this Government respecting the

rights of search and the immunity of flags? Pages 2048,
2069.

6. What American naval captain took possession of Monterey,

Mexico, without authority? Page 2081.

7. What two Cabinet officers were killed by an accidental ex-

plosion of a gun on a war vessel? Page 2132.

8. What were the President's recommendations as to the estab-

lishment of a navy yard on the Mississippi? Page 2132.

0- What are some of the advantages of trade with China?
Page 2066.

10. What important Germanic confederation was established in
1833? Page 2113.

SUGGESTIONS.

During Tyler's administration the dispute as to the boundary
line between the United States and Canada was settled by the
Ashburton Treaty, q. v., Encyclopedic Index. For discussion by
the President, see page 2015 and following, and page 2082.

The explorations of John C. Fremont, "The Pathfinder,"
forms an interesting epoch in the country's history. Opposite
page 2049.

Dorr's Rebellion in Rhode Island is an important landmark in
the growth of the country. Pages 2136 to 2139. (See Dorr's
Rebellion, Encyclopedic Index.)

Read Tyler's Foreign Policy. Pages 1890, 2049, 2064, 2160,
2169, 2171, 2176, 2190, 2193, 2199.

NOTE.

For further suggestions on Tyler's administration, see Tyler.
John, Encyclopedic Index.

By reading the Foreign Policy of each President, and by scan-
ning the messages as to the state of the nation, a thorough knowl-
edge of the history of the United States will be acquired from the
most authentic sources ; because, as has been said, "Each Presi-
dent reviews the past, depicts the present and forecasts the future
of the nation."

James K. Polk

March 4, 1845, to March 4, 1849

SKK ENCYCLOPEDIC INDEX.

The Encyclopedic Index is not only an index to ihc other volumes, not only a key that
unlocks the treasures of the entire publication, but it is in itself an alphabetically arranged
brief history or story of the great controlling events constituting the History of the I'nited
States.

Under its proper alphabetical classification the story is told of every great subject
referred to by any of the Presidents in their official Messages, and at the end of each article
the official utterances of the Presidents themselves are cited upon the subject, so that you
may readily turn to the page in the body of the work itself for this original information.

Xext to the possession of knowledge is the ability to turn at will to where knowledge
is to be found.

HOME, AT NASHVILLE, TENNESSEE, OF JAMES K. POLK
With reproduction of official portrait, by Healy, from the White House Collection

POLK

James K. Polk will be remembered for the war that he did not fight
as much as for the war he made against Mexico. The prominent issues
presented in the famous Presidential campaign between Polk and Clay
were the Texas and Oregon questions. Clay, who had always been a
compromise man, occupied a compromise position in the campaign. He
was in favor of the acquisition of Texas, provided it could be done
without a war with Mexico, but probably a majority of his party did
not go even that far. On the other hand Polk was strongly in favor of
the immediate annexation of Texas and of the acquisition of the whole
of Oregon up to 54° 40" north latitude, and was in favor of war in
both cases, if necessary to accomplish these results. It will be remem-
bered that one of the campaign slogans was ''Fifty-Four Forty or
Fight." The result of such a campaign was 170 electoral votes for Polk
and only 105 for Clay.

Polk in his inaugural address commended the late action of Congress
in relation to Texas, providing for the introduction of the Republic into
the Federal Union as a separate State, and strongly asserted the title of
the United States to the whole of Oregon, regardless of the claim of
Great Britain, and intimated his intention to maintain it by force if
necessary. Texas was promptly admitted into the Union, which resulted
in the breaking off of diplomatic relations between this Republic and the
Republic of Mexico, Mexico having never recognized the independence
of Texas, and still claiming that territory as belonging to her dominion.
The Mexican War followed, which was prosecuted not only to defend
and maintain the status of Texas, but even to a war of conquest. The
war \vas pushed until the flag of the United States floated over the
Mexican capital, and the immense territory from Xew Mexico to Ore-
gon west of the Mississippi River, excluding the Louisiana purchase
acquired by Jefferson, was taken as a war indemnity by the peace of
Guadaloupe Hidalgo.

Thus while Polk, as a result of the war, was acquiring most valuable
and important territory in the South and Southwest, and in this respect
going even further than his campaign promises and pledges, yet he was
pursuing an entirely different, just the opposite course in fact, with
reference to the other important question of the memorable campaign
which won him the Presidency, with reference to Oregon and the North-
west. President Polk unfortunately surrendered and compromised away
the rights and contention of the United States. All of Oregon north
of the forty-ninth degree of north latitude was quietly and peaceably
surrendered.

222O-C

If the public had not had its attention so sharply drawn to the great
acquisitions in the South and Southwest, as a result of the Mexican
War, Polk and his administration would have met overwhelming con-
demnation for the surrender of the Northwest.

So President Polk will be remembered not only for the war that he
did fight and the great and valuable territory acquired as a result of it,
but will each year, as time goes on, be remembered more and more for
the war that he did not fight and the territory he did not acquire, or
rather fight to hold.

Even at this day it is hard to tell whether or not future generations
will fully justify Mr. Polk as a man who did the true, wise, and great
thing in perpetrating the war with Mexico and afterward pushing it to
a war of conquest. At the same time it seems clear that future genera-
tions will blame Mr. Polk more and more for his needless surrender of
the Oregon territory between the forty-ninth degree and fifty-four forty.

Polk will also be remembered as a Jeffersonian Democrat. In his
mode of life he was plain; in his dealings and speech, straightforward
and honest. In his convictions he was strong and preferred rather to
stand for the right as he saw it than to curry popular favor as a trimmer.
He stood for a strict construction of the Constitution and held that
great compact in the utmost reverence. He was a friend and follower
of Jackson, and his career resembles that of the great Democrat in
many ways. An honest man and of humble parentage, he arose from
obscurity to the highest station in the gift of the American people. Like
Jackson he stood unalterably opposed to the National Bank which
monopolists of his day were trying to fasten on the American people.
As chairman of the Ways and Means Committee of the House, and
later as Speaker of the same body, and as Governor of the State of
Tennessee, his course calls for little adverse comment, and for general
commendation.

However historians and posterity may differ about his course as
President with reference to the two great questions before him for
solution, no man will question that Polk believed he was right in the
course that he pursued, and ever and anon the immortal words of
the great Kentuckian, whom Polk defeated for the Presidency, will
recur to the impartial student of history: "I would rather be right
than be President."

222O-D

SARAH UIIL DRESS POLK

SARAH Cii II.DKMSS, of Tennessee, when nine-
teen years old married James Knox Polk, a
member of the Legislature of that State. The
next year he was elected to Congress, continuing
fourteen sessions in Washington, and Mrs. Polk
held a high social position there owing to her
courteous manners, dignity and many accomplish-
ments. \\hcn she returned to Washington as the
\vifc of the President, having no children, she
devoted herself exclusively to her duties in that
position. At her weekly receptions the custom of
serving refreshments to guests was abolished. As
she was a strict Presbyterian, dancing also was
forbidden ; nevertheless, she was very popular.
She was a handsome woman of the Spanish tvpe.
dressed with refmed and elegant taste, and was
noted as a conversationalist, beside realizing
keenly the obligations of her station. She sur-
vived her husband over forty years, living at
"Polk Place," Xashville, the home they had hoped
to share in old a<re.

James K. Polk

JAMBS KNOX POLK was born in Mecklenburg County, N. C. , Novem-
ber 2, 1795. He was a son of Samuel Polk, a farmer, whose father,
Ezekiel, and his brother, Colonel Thomas Polk, one of the signers of the
Mecklenburg Declaration of Independence, were sons of Robert Polk (or
Pollock), who was born in Ireland and emigrated to America. His
mother was Jane, daughter of James Knox, a resident of Iredell County,
N. C., and a captain in the War of the Revolution. His father removed
to Tennessee in the autumn of 1806, and settled in the valley of Duck
River, a tributary of the Tennessee, in a section that was erected the
following year into the county of Maury; he died in 1827. James was
brought up on the farm; was inclined to study, and was fond of reading.
He was sent to school, and had succeeded in mastering the English
branches when ill health compelled his removal. Was then placed with
a merchant, but, having a strong dislike to commercial pursuits, soon
returned home, and in July, 1813, was given in charge of a private
tutor. In 1815 entered the sophomore class at the University of North
Carolina. As a student he was correct, punctual, and industrious. At
his graduation in 1818 he was officially acknowledged to be the best
scholar in both the classics and mathematics, and delivered the Latin
salutatory. In 1847 the university conferred upon him the degree of
L,Iv. D. In 1819 he entered the law office of Felix Grundy, then at
the head of the Tennessee bar. While pursuing his legal studies he
attracted the attention of Andrew Jackson, and an intimacy was thus
begun between the two men. In 1820 Mr. Polk was admitted to the
bar, and established himself at Columbia, the county seat of Maury
County. He attained immediate success, his career at the bar only
ending with his election to the governorship of Tennessee in 1839.
Brought up as a Jeffersonian and early taking an interest in politics,
he was frequently heard in public as an exponent of the views of his
party. His style of oratory was so popular that his services soon came
to be in great demand, and he was not long in earning the title of the
"Napoleon of the Stump." His first public employment was that of
principal clerk of the senate of the State of Tennessee. In 1823 was
elected a member of that body. In January, 1824, he married Sarah,

2222 Messages and Papers of the Presidents

daughter of Joel Childress, a merchant of Rutherford County, Tenii.
In August, 1825, he was elected to Congress from the Duck River
district, and reelected at every succeeding election till 1839, when he
withdrew from the contest to become a candidate for governor. With
one or two exceptions, he was the youngest member of the Nineteenth
Congress. lie was prominently connected with every leading question,
and upon all he struck what proved to be the keynote for the action of
his party. His maiden speech was in defense of the proposed amend-
ment to the Constitution giving the choice of the President and Vice-
President directly to the people. It at once placed him in the front
rank of Congressional debaters. He opposed the appropriation for the
Panama mission, asked for by President Adams, contending that such
action would tend to involve the United States in a war with Spain
and establish an unfortunate precedent. In December, 1827, he was
placed on the Committee on Foreign Affairs, and afterwards was also
appointed chairman of the select committee to which was referred tha':
portion of President Adams's message calling attention to the probable
accumulation of a surplus in the Treasury after the anticipated extin-
guishment of the national debt. As the head of the latter committee
he made a report denying the constitutional power of Congress to collect
from the people for distribution a surplus beyond the wants of the Gov-
ernment, and maintaining that the revenue should be reduced to the
requirements of the public service. During the whole period of Presi-
dent Jackson's Administration lie was one of its leading supporters, and at
times its chief reliance. Early in 1833, as a member of the Ways and
Means Committee, he made a minority report unfavorable to the Bank
of the United States. During the entire contest between the bank and
President Jackson, caused by the removal of the deposits in October,
1833, Mr. Polk, as chairman of the Ways and Means Committee, sup-
ported the Executive. He was elected Speak ir of the House of Repre-
sentatives in December, 1835, and held that office till 1839. It was his
fortune to preside over the House at a period when party feelings were
excited to an unusual degree, and notwithstanding the fact that during
the first session more appeals were taken from his decisions than were
ever known before, he was uniformly sustained by the House, and
frequently by leading members of the Whig party. He gave to the
Administration of Martin Van Buren the same unhesitating support
he had accorded to that of President Jackson. On leaving Congress
he became the candidate of the Democrats of Tennessee for governor,
and was elected by over 2,500 majority. He was an unsuccessful candi-
date for governor again in 1841 and 1843. In 1839 he was nominated by
the legislatures of Tennessee and other States for Vice-President of the
United States, but Richard M. Johnson, of Kentucky, was the choice
of the great body of the Democratic party, and was accordingly nomi-
nated. On May 27, 1844, Mr. Polk was nominated for President of the

James K. Polk 2223

United States by the national Democratic convention at Baltimore, and
on November 12 was elected, receiving about 40,000 majority on the pop-
ular vote, and 170 electoral votes to 105 that were cast for Henry Clay.
He was inaugurated March 4, 1845. Among the important events of his
Administration were the establishment of the United States Naval Acad-
emy; the consummation of the annexation of Texas; the admission of
Texas, Iowa, and Wisconsin as States; the war with Mexico, resulting
in a treaty of peace, by which the United States acquired New Mexico
and Upper California; the treaty with Great Britain settling the Oregon
boundary; the establishment of the "warehouse system;" the reenact-
ment of the independent-treasury system; the passage of the act establish-
ing the Smithsonian Institution; the treaty with New Granada, the thirty-
fifth article of which secured for citizens of the United States the right of
way across the Isthmus of Panama; and the creation of the Department
of the Interior. He declined to become a candidate for reelection, and
at the conclusion of his term retired to his home in Nashville. He died
June 15, 1849, and was buried at Polk Place, in Nashville. September
19, 1893, the remains were removed by the State to Capitol Square.

INAUGURAL ADDRESS.

FELLOW-CITIZENS: Without solicitation on my part, I have been cho-
sen by the free and voluntary suffrages of my countrymen to the most
honorable and most responsible office on earth. I am deeply impressed
with gratitude for the confidence reposed in me. Honored with this
distinguished consideration at an earlier period of life than any of my
predecessors, I can not disguise the diffidence with which I am about
to enter on the discharge of my official duties.

If the more aged and experienced men who have filled the office of
President of the United States even in the infancy of the Republic dis-
trusted their ability to discharge the duties of that exalted station, what
ought not to be the apprehensions of one so much younger and less
endowed now that our domain extends from ocean to ocean, that our
people have so greatly increased in numbers, and at a time when so great
diversity of opinion prevails in regard to the principles and policy which
should characterize the administration of our Government ? Well may
the boldest fear and the wisest tremble when incurring responsibilities
on which may depend our country's peace and prosperity, and in some
degree the hopes and happiness of the whole human family.

In assuming responsibilities so vast I fervently invoke the aid of that
Almighty Ruler of the Universe in whose hands are the destinies of
nations and of men to guard this Heaven-favored land against the mis-
chiefs which without His guidance might arise from an unwise public

2224 Messages and Papers of the Presidents

policy. With a firm reliance upon the wisdom of Omnipotence to sus-
tain and direct me in the path of duty which I am appointed to pursue,
I stand in the presence of this assembled multitude of my countrymen
to take upon myself the solemn obligation ' ' to the best of my ability to
preserve, protect, and defend the Constitution of the United States."

A concise enumeration of the principles which will guide me in the
administrative policy of the Government is not only in accordance with
the examples set me by all my predecessors, but is eminently befitting
the occasion.

The Constitution itself, plainly written as it is, the safeguard of our
federative compact, the offspring of concession an<? compromise, binding
together in the bonds of peace and union this great and increasing fam-
ily of free and independent States, will be the chart by which I shall be
directed.

It will be my first care to administer the Government in the true spirit
of that instrument, and to assume no powers not expressly granted or
clearly implied in its terms. The Government of the United States is
one of delegated and limited powers, and it is by a strict adherence to the
clearly granted powers and by abstaining from the exercise of doubtful or
unauthorized implied powers that we have the only sure guaranty against
the recurrence of those unfortunate collisions between the Federal and
State authorities which have occasionally so much disturbed the harmony
of our system and even threatened the perpetuity of our glorious Union.

"To the States, respectively, or to the people" have been reserved
"the powers not delegated to the United States by the Constitution
nor prohibited by it to the States." Each State is a complete sover-
eignty within the sphere of its reserved powers. The Government of
the Union, acting within the sphere of its delegated authority, is also a
complete sovereignty. While the General Government should abstain
from the exercise of authority not clearly delegated to it, the States
should be equally careful that in the maintenance of their rights they do
not overstep the limits of powers reserved to them. One of the most
distinguished of my predecessors attached deserved importance to ' ' the
support of the State governments in all their rights, as the most com-
petent administration for our domestic concerns and the surest bulwark
against antirepublican tendencies," and to the "preservation of the Gen-
eral Government in its whole constitutional vigor, as the sheet anchor
of our peace at home and safety abroad. ' '

To the Government of the United States has been intrusted the exclu-
sive management of our foreign affairs. Beyond that it wields a few
general enumerated powers. It does not force reform on the States. It
leaves individuals, over whom it casts its protecting influence, entirely
free to improve their own condition by the legitimate exercise of all
tlieir mental and physical powers. It is a common protector of each and
all the States; of every man who lives upon our soil, whether of native

James K. Polk 2225

or foreign birth; of every religious sect, in their worship of the Almighty
according to the dictates of their own conscience; of every shade of
opinion, and the most free inquiry; of every art, trade, and occupation
consistent with the laws of the States. And we rejoice in the general
happiness, prosperity, and advancement of our country, which have been
the offspring of freedom, and not of power.

This most admirable and wisest system of well-regulated self-govern-
ment among men ever devised by human minds has been tested by its
successful operation for more than half a century, and if preserved from
the usurpations of the Federal Government on the one hand and the ex-
ercise by the States of powers not reserved to them on the other, will,
I fervently hope and believe, endure for ages to come and dispense the
blessings of civil and religious liberty to distant generations. To effect
objects so dear to every patriot I shall devote myself with anxious solici-
tude. It will be my desire to guard against that most fruitful source of
danger to the harmonious action of our system which consists in substi-
tuting the mere discretion and caprice of the Executive or of majorities
in the legislative department of the Government for powers which have
been withheld from the Federal Government by the Constitution. By
the theory of our Government majorities rule, but this right is not an
arbitrary or unlimited one. It is a right to be exercised in subordina-
tion to the Constitution and in conformity to it. One great object of
the Constitution was to restrain majorities from oppressing minorities or
encroaching upon their just rights. Minorities have a right to appeal
to the Constitution as a shield against such oppression.

That the blessings of liberty which our Constitution secures may be
enjoyed alike by minorities and majorities, the Executive has been wisely
invested with a qualified veto upon the acts of the Legislature. It is a
negative power, and is conservative in its character. It arrests for the
time hasty, inconsiderate, or unconstitutional legislation, invites recon-
sideration, and transfers questions at issue between the legislative and
executive departments to the tribunal of the people. Like all other
powers, it is subject to be abused. When judiciously and properly exer-
cised, the Constitution itself may be saved from infraction and the rights
of all preserved and protected.

The inestimable value of our Federal Union is felt and acknowledged
by all. By this system of united and confederated States our people are
permitted collectively and individually to seek their own happiness in
their own way, and the consequences have been most auspicious. Since
the Union was formed the number of the States has increased from thir-
teen to twenty-eight; two of these have taken their position as members
of the Confederacy within the last week. Our population has increased
from three to twenty millions. New communities and States are seek-
ing protection under its aegis, and multitudes from the Old World are
nocking to our shores to participate in its blessings. Beneath its benign

2226 Messages and Papers of the Presidents

sway peace and prosperity prevail. Freed from the burdens and mis-
eries of war, our trade and intercourse have extended throughout the
world. Mind, no longer tasked in devising means to accomplish or resist
schemes of ambition, usurpation, or conquest, is devoting itself to man's
true interests in developing his faculties and powers and the capacity of
nature to minister to his enjoyments. Genius is free to announce its
inventions and discoveries, and the hand is free to accomplish whatever
the head conceives not incompatible with the rights of a fellow-being.
All distinctions of birth or of rank have been abolished. All citizens,
whether native or adopted, are placed upon terms of precise equality.
All are entitled to equal rights and equal protection. No union exists
between church and state, and perfect freedom of opinion is guaranteed
to all sects and creeds.

These are some of the blessings secured to our happy land by our
Federal Union. To perpetuate them it is our sacred duty to preserve
it. Who shall assign limits to the achievements of free minds and free
hands under the protection of this glorious Union? No treason to man-
kind since the organization of society would be equal in atrocity to that
of him who would lift his hand to destroy it. He would overthrow the
noblest structure of human wisdom, which protects himself and his fel-
low-man. He would stop the progress of free government and involve
his country either in anarchy or despotism. He would extinguish the
fire of liberty, which warms and animates the hearts of happy millions
and invites all the nations of the earth to imitate our example. If he
say that error and wrong are committed in the administration of the
Government, let him remember that nothing human can be perfect, and
that under no other system of government revealed by Heaven or devised
by man has reason been allowed so free and broad a scope to combat
error. Has the sword of despots proved to be a safer or surer instrument
of reform in government than enlightened reason? Does he expect to
find among the ruins of this Union a happier abode for our swarming
millions than they now have under it ? Every lover of his country must
shudder at the thought of the possibility of its dissolution, and will be
ready to adopt the patriotic sentiment, "Our Federal Union — it must
be preserved." To preserve it the compromises which alone enabled
our fathers to form a common constitution for the government and pro-
tection of so many States and distinct communities, of such diversified
habits, interests, and domestic institutions, must be sacredly and reli-
giously observed. Any attempt to disturb or destroy these compromises,
being terms of the compact of union, can lead to none other than the
most ruinous and disastrous consequences.

It is a source of deep regret that in some sections of our country mis-
guided persons have occasionally indulged in schemes and agitations
whose object is the destruction of domestic institutions existing in other
sections — institutions which existed at the adoption of the Constitution

James K. Polk 2227

and were recognized and protected by it. All must see that if it were
possible for them to be successful in attaining their object the dissolution
of the Union and the consequent destruction of our happy form of gov-
ernment must speedily follow.

I am happy to believe that at every period of our existence as a nation
there has existed, and continues to exist, among the great mass of our
people a devotion to the Union of the States which will shield and protect
it against the moral treason of any who would seriously contemplate its
destruction. To secure a continuance of that devotion the compromises
of the Constitution must not only be preserved, but sectional jealousies
and heartburnings must be discountenanced, and all should remember
that they are members of the same political family, having a common
destiny. To increase the attachment of our people to the Union, our laws
should be just. Any policy which shall tend to favor monopolies or the
peculiar interests of sections or classes must operate to the prejudice
of the interests of their fellow-citizens, and should be avoided. If the
compromises of the Constitution be preserved, if sectional jealousies and
heartburnings be discountenanced, if our laws be just and the Govern-
ment be practically administered strictly within the limits of power pre-
scribed to it, we may discard all apprehensions for the safety of the Union.

With these views of the nature, character, and objects of the Govern-
ment and the value of the Union, I shall steadily oppose the creation
of those institutions and systems which in their nature tend to pervert
it from its legitimate purposes and make it the instrument of sections,
classes, and individuals. We need no national banks or other extrane-
ous institutions planted around the Government to control or strengthen
it in opposition to the will of its authors. Experience has taught us
how unnecessary they are as auxiliaries of the public authorities — how
impotent for good and how powerful for mischief.

Ours was intended to be a plain and frugal government, and I shall
regard it to be my duty to recommend to Congress and, as far as the
Executive is concerned, to enforce by all the means within my power
the strictest economy in the expenditure of the public money which may
be compatible with the public interests.

A national debt has become almost an institution of European mon-
archies. It is viewed in some of them as an essential prop to existing
governments. Melancholy is the condition of that people whose gov-
ernment can be sustained only by a system which periodically transfers
large amounts from the labor of the many to the coffers of the few. Such
a system is incompatible with the ends for which our republican Govern-
ment was instituted. Under a wise policy the debts contracted in our
Revolution and during the War of 1812 have been happily extinguished.
By a judicious application of the revenues not required for other neces-
sary purposes, it is not doubted that the debt which has grown out of the
circumstances of the last few years may be speedily paid off.

2228 Messages and Papers of the Presidents

I congratulate my fellow- citizens on the entire restoration of the credit
of the General Government of the Union and that of many of the States.
Happy would it be for the indebted States if they were freed from their
liabilities, many of which were incautiously contracted. Although the
Government of the Union is neither in a legal nor a moral sense bound
for the debts of the States, and it would be a violation of our compact of
union to assume them, yet we can not but feel a deep interest in seeing
all the States meet their public liabilities and pay off their just debts at
the earliest practicable period. That they will do so as soon as it can be
done without imposing too heavy burdens on their citizens there is no rea-
son to doubt. The sound moral and honorable feeling of the people of
the indebted States can not be questioned, and we are happy to perceive
a settled disposition on their part, as their ability returns after a season
of unexampled pecuniary embarrassment, to payoff all just demands and
to acquiesce in any reasonable measures to accomplish that object.

One of the difficulties which we have had to encounter in the practical
administration of the Government consists in the adjustment of our reve-
nue laws and the levy of the taxes necessary for the support of Govern-
ment. In the general proposition that no more money shall be collected
than the necessities of an economical administration shall require all par-
ties seem to acquiesce. Nor does there seem to be any material differ-
ence of opinion as to the absence of right in the Government to tax
one section of country, or one class of citizens, or one occupation, for the
mere profit of another. "Justice and sound policy forbid the Federal
Government to foster one branch of industry to the detriment of another,
or to cherish the interests of one portion to the injury of another por-
tion of our common country." I have heretofore declared to my fel-
low-citizens that "in my judgment it is the duty of the Government to
extend, as far as it may be practicable to do so, by its revenue laws and
all other means within its power, fair and just protection to all the great
interests of the whole Union, embracing agriculture, manufactures, the
mechanic arts, commerce, and navigation." I have also declared my
opinion to be "in favor of a tariff for revenue," and that "in adjusting
the details of such a tariff I have sanctioned such moderate discrimi-
nating duties as would produce the amount of revenue needed and at
the same time afford reasonable incidental protection to our home indus-
try, ' ' and that I was ' ' opposed to a tariff for protection merely, and not
for revenue. ' '

The power "to lay and collect taxes, duties, imposts, and excises " was
an indispensable one to be conferred on the Federal Government, which
without it would possess no means of providing for its own support.
In executing this power by levying a tariff of duties for the support of
Government, the raising of revenue should be the object and protection the
incident. To reverse this principle and make protection the object and
revenue the incident would be to inflict manifest injustice upon all oth.er

James K. Polk 2229

than the protected interests. In levying duties for revenue it is doubt-
less proper to make such discriminations within the revenue principle as
will afford incidental protection to our home interests. Within the rev-
enue limit there is a discretion to discriminate; beyond that limit the
rightful exercise of the power is not conceded. The incidental protec-
tion afforded to our home interests by discriminations within the reve-
nue range it is believed will be ample. In making discriminations all
our home interests should as far as practicable be equally protected. The
largest portion of our people are agriculturists. Others are employed in
manufactures, commerce, navigation, and the mechanic arts. They are
all engaged in their respective pursuits, and their joint labors constitute
the national or home industry. To tax one branch of this home indus-
try for the benefit of another would be unjust. No one of these interests
can rightfully claim an advantage over the others, or to be enriched by
impoverishing the others. All are equally entitled to the fostering care
and protection of the Government. In exercising a sound discretion in
levying discriminating duties within the limit prescribed, care should be
taken that it be done in a manner not to benefit the wealthy few at the
expense of the toiling millions by taxing lowest the luxuries of life, or
articles of superior quality and high price, which can only be consumed
by the wealthy, and highest the necessaries of life, or articles of coarse
quality and low price, which the poor and great mass of our people must
consume. The burdens of government should as far as practicable be dis-
tributed justly and equally among all classes of our population. These
general views, long entertained on this subject, I have deemed it proper
to reiterate. It is a subject upon which conflicting interests of sections
and occupations are supposed to exist, and a spirit of mutual concession
and compromise in adjusting its details should be cherished by every part
of our widespread country as the only means of preserving harmony and a
cheerful acquiescence of all in the operation of our revenue laws. Our
patriotic citizens in every part of the Union will readily submit to the
payment of such taxes as shall be needed for the support of their Gov-
ernment, whether in peace or in war, if they are so levied as to distribute
the burdens as equally as possible among them.

The Republic of Texas has made known her desire to come into our
Union, to form a part of our Confederacy and enjoy with us the blessings
of liberty secured and guaranteed by our Constitution. Texas was once
a part of our county — was unwisely ceded away to a foreign power — is
now independent, and possesses an undoubted right to dispose of a part
or the whole of her territory and to merge her sovereignty as a separate
and independent state in ours. I congratulate my country that by an
act of the late Congress of the United States the assent of this Govern-
ment has been given to the reunion, and it only remains for the two
countries to agree upon the terms to consummate an object so important
to both.

2230 Messages and Papers of the Presidents

I regard the question of annexation as belonging exclusively to the
United States and Texas. They are independent powers competent to
contract, and foreign nations have no right to interfere with them or to
take exceptions to their reunion. Foreign powers do not seem to appre-
ciate the true character of our Government. Our Union is a confedera-
tion of independent States, whose policy is peace with each other and all
the world. To enlarge its Hmits is to extend the dominions of peace
over additional territories and increasing millions. The world has noth-
ing to fear from military ambition in our Government. While the Chief
Magistrate and the popular branch of Congress are elected for short terms
by the suffrages of those millions who must in their own persons bear all
the burdens and miseries of war, our Government can not be otherwise
than pacific. Foreign powers should therefore look on the annexation
of Texas to the United States not as the conquest of a nation seeking to
extend her dominions by arms and violence, but as the peaceful acqui-
sition of a territory once her own, by adding another member to our
confederation, with the consent of that member, thereby diminishing the
chances of war and opening to them new and ever-increasing markets
for their products.

To Texas the reunion is important, because the strong protecting arm
of our Government would be extended over her, and the vast resources of
her fertile soil and genial climate would be speedily developed, while the
safety of New Orleans and of our whole southwestern frontier against
hostile aggression, as well as the interests of the whole Union, would be
promoted by it.

In the earlier stages of our national existence the opinion prevailed
with some that our system of confederated States could not operate suc-
cessfully over an extended territory, and serious objections have at dif-
ferent times been made to the enlargement of our boundaries. These
objections were earnestly urged when we acquired Louisiana. Experi-
ence has shown that they were not well founded. The title of numerous
Indian tribes to vast tracts of country 'ias been extinguished; new
States have been admitted into the Union; new Territories have been
created and our jurisdiction and laws extended over them. As our popu-
lation has expanded, the Union has been cemented and strengthened.
As our boundaries have been enlarged and our agricultural population
has been spread over a large surface, our federative system has acquired
additional strength and security. It may well be doubted whether it
would not be in greater danger of overthrow if our present population
were confined to the comparatively narrow limits of the original thir-
teen States than it is now that they are sparsely settled over a more
expanded territory. It is confidently believed that our system may be
safely extended to the utmost bounds of our territorial limits, and that as
it shall be extended the bonds of our Union, so far from being weakened,
will become stronger.

James K. Polk 2231

None can fail to see the danger to our safety and future peace if Texas
remains an independent state or becomes an ally or dependency of some
foreign nation more powerful than herself. Is there one among our
citizens who would not prefer perpetual peace with Texas to occasional
wars, which so often occur between bordering independent nations? Is
there one who would not prefer free intercourse with her to high duties
on all our products and manufactures which enter her ports or cross her
frontiers? Is there one who would not prefer an unrestricted commu-
nication with her citizens to the frontier obstructions which must occur
if she remains out of the Union? Whatever is good or evil in the local
institutions of Texas will remain her own whether annexed to the
United States or not. None of the present States will be responsible
for them any more than they are for the local institutions of each other.
They have confederated together for certain specified objects. Upon the
same principle that they would refuse to form a perpetual union with
Texas because of her local institutions our forefathers would have been
prevented from forming our present Union. Perceiving no valid objec-
tion to the measure and many reasons for its adoption vitally affecting
the peace, the safety, and the prosperity of both countries, I shall on the
broad principle which formed the basis and produced the adoption of our
Constitution, and not in any narrow spirit of sectional policy, endeavor by
all constitutional, honorable, and appropriate means to consummate the
expressed will of the people and Government of the United States by
the reannexation of Texas to our Union at the earliest practicable period.

Nor will it become in a less degree my duty to assert and maintain by
all constitutional means the right of the United States to that portion of
our territory which lies beyond the Rocky Mountains. Our title to the
country of the Oregon is "clear and unquestionable," and already are
ovr people preparing to perfect that title by occupying it with their
wives and children. But eighty years ago our population was confined
on the west by the ridge of the Alleghanies. Within that period — within
the lifetime, I might say, of some of my hearers — our people, increasing
to many millions, have filled the eastern valley of the Mississippi, adven'
turously ascended the Missouri to its headsprings, and are already en*
gaged in establishing the blessings of self-government in valleys of which
the rivers flow to the Pacific. The world beholds the peaceful triumphs
of the industry of our emigrants. To us belongs the duty of protect-
ing them adequately wherever they may be upon our soil. The jurisdic-
tion of our laws and the benefits of our republican institutions should be
extended over them in the distant regions which they have selected for
their homes. The increasing facilities of intercourse will easily bring
the States, of which the formation in that part of our territory can not
be long delayed, within the sphere of our federative Union. In the
meantime every obligation imposed by treaty or conventional stipulations
should be sacredly respected.

2232 Messages and Papers of the Presidents

In the management of our foreign relations it will be my aim to
observe a careful respect for the rights of other nations, while our own
will be the subject of constant watchfulness. Equal and exact justice
should characterize all our intercourse with foreign countries. All alli-
ances having a tendency to jeopard the welfare and honor of our country
or sacrifice any one of the national interests will be studiously avoided,
and yet no opportunity will be lost to cultivate a favorable understanding
with foreign governments by which our navigation and commerce may
be extended and the ample products of our fertile soil, as well as the
manufactures of our skillful artisans, find a ready market and remunerat-
ing prices in foreign countries.

In taking "care that the laws be faithfully executed," a strict per-
formance of duty will be exacted from all public officers. From those
officers, especially, who are charged with the collection and disbursement
of the public revenue will prompt and rigid accountability be required.
Any culpable failure or delay on their part to account for the moneys
intrusted to them at the times and in the manner required by law will
in every instance terminate the official connection of such defaulting
officer with the Government.

Although in our country the Chief Magistrate must almost of necessity
be chosen by a party and stand pledged to its principles and measures,
yet in his official action he should not be the President of a part only,
but of the whole people of the United States. While he executes the
laws with an impartial hand, shrinks from no proper responsibility, and
faithfully carries out in the executive department of the Government
the principles and policy of those who have chosen him, he should not
be unmindful that our fellow-citizens who have differed with him in
opinion are entitled to the full and free exercise of their opinions and
judgments, and that the rights of all are entitled to respect and regard.

Confidently relying upon the aid and assistance of the coordinate
departments of the Government in conducting our public affairs, I enter
upon the discharge of the high duties which have been assigned me by
the people, again humbly supplicating that Divine Being who has watched
over and protected our beloved country from its infancy to the present
hour to continue His gracious benedictions upon us, that we may con-
tinue to be a prosperous and happy people.

MARCH 4, 1845.

SPECIAL MESSAGE.

WASHINGTON, March 15, 184.5.
To the Senate of the United States:

I have received and maturely considered the two resolutions adopted
by the Senate in executive session on the i2th instant, the first request-
ing the President to communicate information to the Senate (in confi-
dence) of any steps which have been taken, if any were taken, by the

James K. Polk 2233

late President in execution of the resolution of Congress entitled "A
joint resolution for the annexation of Texas to the United States," and
if any such steps have been taken, then to inform the Senate whether
anything has been done by him to counteract, suspend, or reverse the
action of the late President in the premises; and the second requesting
the President "to inform the Senate what communications have been
made by the Mexican minister in consequence of the proceedings of Con-
gress and the Executive in relation to Texas. ' '

With the highest respect for the Senate and a sincere desire to fur-
nish all the information requested by the first resolution, I yet entertain
strong apprehensions lest such a communication might delay and ulti-
mately endanger the success of the great measure which Congress so
earnestly sought to accomplish by the passage of the "joint resolution
for the annexation of Texas to the United States. ' ' The initiatory pro-
ceedings which have been adopted by the Executive to give effect to this
resolution can not, therefore, in my judgment, at this time and under
existing circumstances, be communicated without injury to the public
interest.

In conformity with the second resolution, I herewith transmit to the
Senate the copy of a note, dated on the 6th instant, addressed by Gen-
eral Almonte, envoy extraordinary and minister plenipotentiary of the
Mexican Republic, to the Hon. John C. Calhoun, late Secretary of State,
which is the only communication that has been made by the Mexican
minister to the Department of State since the passage of the joint reso-
lution of Congress for the annexation of Texas; and I also transmit a
copy of the answer of the Secretary of State to this note of the Mexican
minister.

JAMES K. POLK.

EXECUTIVE ORDERS.

WASHINGTON CITY, June 16, 184.5.

Andrew Jackson is no more. He departed this life on Sunday, the
8th instant, full of days and full of honors. His country deplores his
loss, and will ever cherish his memory. Whilst a nation mourns it is
proper that business should be suspended, at least for one day, in the
Executive Departments, as a tribute of respect to the illustrious dead.

I accordingly direct that the Departments of State, the Treasury,
War, the Navy, the Post-Office, the office of the Attorney- General, and
the Executive Mansion be instantly put into mourning, and that they
be closed during- the whole day to-morrow.

JAMES K. POLK.

2234 Messages and Papers of the Presidents

GENERAL ORDERS, No. 27.

WAR DEPARTMENT,
ADJUTANT- GENERAL'S OFFICE,

Washington , June 16, 184.5.

The following general order of the President, received through the
\Var Department, announces to the Army the death of the illustrious
ex-President, General Andrew Jackson:

GENERAL ORDER.

WASHINGTON, June 76, 184.5.

The President of the United States with heartfelt sorrow announces
to the Army, the Navy, and the Marine Corps the death of Andrew Jack-
son. On the evening of Sunday, the 8th day of June, about 6 o'clock,
he resigned his spirit to his Heavenly Father. The nation, while it
learns with grief the death of its most illustrious citizen, finds solace
in contemplating his venerable character and services. The Valley of
the Mississippi beheld in him the bravest and wisest and most fortunate
of its defenders; the country raised him to the highest trusts in military
and in civil life with a confidence that never abated and an affection that
followed him in undiminished vigor to retirement, watched over his lat-
est hours, and pays its tribute at his grave. Wherever his lot was cast
he appeared among those around him first in natural endowments and
resources, not less than first in authority and station. The power of
his mind impressed itself on the policy of his country, and still lives, and
will live forever in the memory of its people. Child of a forest region
and a settler of the wilderness, his was a genius which, as it came to the
guidance of affairs, instinctively attached itself to general principles, and
inspired by the truth which his own heart revealed to him in singleness
and simplicity, he found always a response in the breast of his country •
men. Crowned with glory in war, in his whole career as a statesman
he showed himself the friend and lover of peace. With an American
heart, whose throbs were all for republican freedom and his native land,
he yet longed to promote the widest intercourse and most intimate com-
merce between the many nations of mankind. He was the servant of
humanity. Of a vehement will, he was patient in council, deliberating
long, hearing all things, yet in the moment of action deciding with ra-
pidity. Of a noble nature and incapable of disguise, his thoughts lay
open to all around him and won their confidence by his ingenuous frank-
ness. His judgment was of that solidity that he ever tempered vigor
with prudence. The flushings of anger could never cloud his faculties,
but rather kindled and lighted them up, quickening their energy without
disturbing their balance. In war his eye at a glance discerned his plans
with unerring sagacity; in peace he proposed measures with an instinc-
tive wisdom of which the inspirations were prophecy. In discipline stern,

James K. Polk 2235

in a just resolution inflexible, he was full of the gentlest affections, ever
ready to solace the distressed and to relieve the needy, faithful to his
friends, fervid for his country. Indifferent to other rewards, he aspired
throughout life to an honorable fame, and so loved his fellow-men that
he longed to dwell in their affectionate remembrance. Heaven gave him
length of days and he filled them with deeds of greatness. He was
always happy — happy in his youth, which shared the achievement of our
national independence; happy in his after years, which beheld the Valley
of the West cover itself with the glory of free and ever-increasing States;
happy in his age, which saw the people multiply from two to twenty
millions and freedom and union make their pathway from the Atlantic to
the Pacific; thrice happy in death, for while he believed the liberties of his
country imperishable and was cheered by visions of its constant advance-
ment, he departed from this life in a full hope of a blessed immortality
through the merits and atonement of the Redeemer.

Officers of the Army, the Navy, and the Marine Corps will wear crape
on the left arm and on their swords and the colors of the several regi-
ments will be put in mourning for the period of six months. At the
naval stations and the public vessels in commission the flags will be worn
at half-mast for one week, and on the day after this order is received
twenty-one minute guns will be fired, beginning at 12 o'clock.

At each military station the day after the reception of this order the
national flag will be displayed at half-staff from sunrise to sunset, thir-
teen guns will be fired at daybreak, half-hour guns during the day, and
at the close of the day a general salute. The troops will be paraded at
10 o'clock and this order read to them, on which the labors of the day
will cease.

Let the virtues of the illustrious dead retain their influence, and when
energy and courage are called to trial emulate his example.

GEORGE BANCROFT,

Acting Secretary of War, and Secretary of the Navy.
By order:

R. JONES, Adjutant-General.

FIRST ANNUAL MESSAGE.

WASHINGTON, December 2, 184.5.
Fellow- Citizens of the Senate and House of Representatives:

It is to me a source of unaffected satisfaction to meet the representa-
tives of the States and the people in Congress assembled, as it will be to
receive the aid of their combined wisdom in the administration of public
affairs. In performing for the first time the duty imposed on nie by the

2236 Messages and Papers of the Presidents

Constitution of giving to you information of the state of the Union and
recommending to your consideration such measures as in my judgment
are necessary and expedient, I am happy that I can congratulate you on
the continued prosperity of our country. Under the blessings of Divine
Providence and the benign influence of our free institutions, it stands
before the world a spectacle of national happiness.

With our unexampled advancement in all the elements of national
greatness, the affection of the people is confirmed for the Union of the
States and for the doctrines of popular liberty which lie at the foundation
of our Government.

It becomes us in humility to make our devout acknowledgments to
the Supreme Ruler of the Universe for the inestimable civil and religious
blessings with which we are favored.

In calling the attention of Congress to our relations with foreign
powers, I am gratified to be able to state that though with some of them
there have existed since your last session serious causes of irritation and
misunderstanding, yet no actual hostilities have taken place. Adopt-
ing the maxim in the conduct of our foreign affairs "to ask nothing
that is not right and submit to nothing that is wrong," it has been my
anxious desire to preserve peace with all nations, but at the same time
to be prepared to resist aggression and maintain all our just rights.

In pursuance of the joint resolution of Congress ' ' for annexing Texas
to the United States," my predecessor, on the 3d day of March, 1845,
elected to submit the first and second sections of that resolution to the
Republic of Texas as an overture on the part of the United States for her
admission as a State into our Union. This election I approved, and
accordingly the charge d'affaires of the United States in Texas, under
instructions of the loth of March, 1845, presented these sections of the
resolution for the acceptance of that Republic. The executive govern-
ment, the Congress, and the people of Texas in convention have succes-
sively complied with all the terms and conditions of the joint resolution.
A constitution for the government of the State of Texas, formed by
a convention of deputies, is herewith laid before Congress. It is well
known, also, that the people of Texas at the polls have accepted the
terms of annexation and ratified the constitution. I communicate to
Congress the correspondence between the Secretary of State and our
charge d'affaires in Texas, and also the correspondence of the latter
with the authorities of Texas, together with the official documents trans-
mitted by him to his own Government. The terms of annexation which
were offered by the United States having been accepted by Texas, the
public faith of both parties is solemnly pledged to the compact of their
union. Nothing remains to consummate the event but the passage of
an act by Congress to admit the State of Texas into the Union upon an
equal footing with the original States. Strong reasons exist why this
should be done at an early period of the session. It will be observed

James K. Polk 2237

that by the constitution of Texas the existing government is only con-
tinued temporarily till Congress can act, and that the third Monday of
the present month is the day appointed for holding the first general elec-
tion. On that day a governor, a lieutenant-governor, and both branches
of the kgislature will be chosen by the people. The President of Texas
is required, immediately after the receipt of official information that the
new State has been admitted into our Union by Congress, to convene
the legislature, and upon its meeting the existing government will be
superseded and the State government organized. Questions deeply inter-
esting to Texas, in common with the other States, the extension of our
revenue laws and judicial system over her people and territory, as well
as measures of a local character, will claim the early attention of Con-
gress, and therefore upon every principle of republican government she
ought to be represented in that body without unnecessary delay. I can
not too earnestly recommend prompt action on this important subject.
As soon as the act to admit Texas as a State shall be passed the union of
the two Republics will be consummated by their own voluntary consent.
This accession to our territory has been a bloodless achievement. No
arm of force has been raised to produce the result. The sword has had
no part in the victory. We have not sought to extend our territorial pos-
sessions by conquest, or our republican institutions over a reluctant peo-
ple. It was the deliberate homage of each people to the great principle
of our federative union. If we consider the extent of territory involved
in the annexation, its prospective influence on America, the means by
which it has been accomplished, springing purely from the choice of the
people themselves to share the blessings of our union, the history of
the world may be challenged to furnish a parallel. The jurisdiction
of the United States, which at the formation of the Federal Constitu-
tion was bounded by the St. Marys on the Atlantic, has passed the capes
of Florida and been peacefully extended to the Del Norte. In contem-
plating the grandeur of this event it is not to be forgotten that the result
was achieved in despite of the diplomatic interference of European mon-
archies. Even France, the country which had been our ancient ally, the
country which has a common interest with us in maintaining the freedom
of the seas, the country which, by the cession of Louisiana, first opened
to us access to the Gulf of Mexico, the country with which we have been
every year drawing more and more closely the bonds of successful com-
merce, most unexpectedly, and to our unfeigned regret, took part in an
effort to prevent annexation and to impose on Texas, as a condition of
the recognition of her independence by Mexico, that she would never join
herself to the United States. We may rejoice that the tranquil and per-
vading influence of the American principle of self-government was suffi-
cient to defeat the purposes of British and French interference, and that
the almost unanimous voice of the people of Texas has given to that inter-
ference a peaceful and effective rebuke. From this example European

2238 Messages and Papers of the Presidents

Governments may learn how vain diplomatic arts and intrigues must
ever prove upon this continent against that system of self-government
which seems natural to our soil, and which will ever resist foreign inter-
ference.

Toward Texas I do not doubt that a liberal and generous spirit will
actuate Congress in all that concerns her interests and prosperity, and
that she will never have cause to regret that she has united her ' ' lone
star" to our glorious constellation.

I regret to inform you that our relations with Mexico since your last
session have not been of the amicable character which it is our desire to
cultivate with all foreign nations. On the 6th day of March last the
Mexican envoy extraordinary and minister plenipotentiary to the United
States made a formal protest in the name of his Government against the
joint resolution passed by Congress "for the annexation of Texas to
the United States," which he chose to regard as a violation of the rights
of Mexico, and in consequence of it he demanded his passports. He
was informed that the Government of the United States did not con-
sider this joint resolution as a violation of any of the rights of Mexico,
or that it afforded any just cause of offense to his Government; that the
Republic of Texas was an independent power, owing no allegiance to
Mexico and constituting no part of her territory or rightful sovereignty
and jurisdiction. He was also assured that it was the sincere desire
of this Government to maintain with that of Mexico relations of peace
and good understanding. That functionary, however, notwithstanding
these representations and assurances, abruptly terminated his mission and
shortly afterwards left the country. Our envoy extraordinary and min-
ister plenipotentiary to Mexico was refused all official intercourse with
that Government, and, after remaining several months, by the permission
of his own Government he returned to the United States. Thus, by the
acts of Mexico, all diplomatic intercourse between the two countries was
suspended.

Since that time Mexico has until recently occupied an attitude of hos-
tility toward the United States — has been marshaling and organizing
armies, issuing proclamations, and avowing the intention to make war
on the United States, either by an open declaration or by invading Texas.
Both the Congress and convention of the people of Texas invited this
Government to send an army into that territory to protect and defend
them against the menaced attack. The moment the terms of annexation
offered by the United States were accepted by Texas the latter became
so far a part of our own country as to make it our duty to afford such
protection and defense. I therefore deemed it proper, as a precautionary
measure, to order a strong squadron to the coasts of Mexico and to concen-
trate an efficient military force on the western frontier of Texas. Our
Army was ordered to take position in the country between the Nueces
and the Del Norte, and to repel any invasion of the Texan territory

James K, Polk 2239

which might be attempted by the Mexican forces. Our squadron in the
Gulf was ordered to cooperate with the Army. But though our Army
and Navy were placed in a position to defend our own and the rights of
Texas, they were ordered to commit no act of hostility against Mexico
unless she declared war or was herself the aggressor by striking the first
blow. The result has been that Mexico has made no aggressive move-
ment, and our military and naval commanders have executed their orders
with such discretion that the peace of the two Republics has not been dis-
turbed. Texas had declared her independence and maintained it by her
arms for more than nine years. She has had an organized government
in successful operation during that period. Her separate existence as
an independent state had been recognized by the United States and the
principal powers of Europe. Treaties of commerce and navigation had
been concluded with her by different nations, and it had become manifest
to the whole world that any further attempt on the part of Mexico to
conquer her or overthrow her Government would be vain. Even Mex-
ico herself had become satisfied of this fact, and whilst the question
of annexation was pending before the people of Texas during the past
summer the Government of Mexico, by a formal act, agreed to recognize
the independence of Texas on condition that she would not annex herself
to any other power. The agreement to acknowledge the independence
of Texas, whether with or without this condition, is conclusive against
Mexico. The independence of Texas is a fact conceded by Mexico
herself, and she had no right or authority to prescribe restrictions as to
the form of government which Texas might afterwards choose to assume.
But though Mexico can not complain of the United States on account of
the annexation of Texas, it is to be regretted that serious causes of mis-
understanding between the two countries continue to exist, growing out
of unredressed injuries inflicted by the Mexican authorities and people
on the persons and property of citizens of the United States through
a long series of years. Mexico has admitted these injuries, but has
neglected and refused to repair them. Such was the character of the
wrongs and such the insults repeatedly offered to American citizens and
the American flag by Mexico, in palpable violation of the laws of nations
and the treaty between the two countries of the 5th of April, 1831, that
they have been repeatedly brought to the notice of Congress by my
predecessors. As early as the 6th of February, 1837, the President ot
the United States declared in a message to Congress that —

The length of time since some of the injuries have been committed, the repeated
and unavailing applications for redress, the wanton character of some of the out-
rages upon the property and persons of our citizens, upon the officers and flag
of the United States, independent of recent insults to this Government and people
by the late extraordinary Mexican minister, would justify in the eyes of all nations
immediate war.

He did not, however, recommend an immediate resort to this extreme
measure, which, he declared, " should not be used by just and generous
nations, confiding in their strength for injuries committed, if it can be

2240 Messages and Papers of the Presidents

honorably avoided, ' ' but, in a spirit of forbearance, proposed that another
demand be made on Mexico for that redress which had been so long
and unjustly withheld. In these views committees of the two Houses of
Congress, in reports made to their respective bodies, concurred. Since
these proceedings more than eight years have elapsed, during which, in
addition to the wrongs then complained of, others of an aggravated char-
acter have been committed on the persons and property of our citizens.
A special agent was sent to Mexico in the summer of 1838 with full
authority to make another and final demand for redress. The demand
was made; the Mexican Government promised to repair the wrongs of
which we complained, and after much delay a treaty of indemnity with
that view was concluded between the two powers on the nth of April,
1839, and was duly ratified by both Governments. By this treaty a
joint commission was created to adjudicate and decide on the claims of
American citizens on the Government of Mexico. The commission was
organized at Washington on the 25th day of August, 1840. Their time
was limited to eighteen months, at the expiration of which they had
adjudicated and decided claims amounting to $2,026,139.68 in favor of
citizens of the United States against the Mexican Government, leaving
a large amount of claims undecided. Of the latter the American com-
missioners had decided in favor of our citizens claims amounting to
$928,627.88, which were left unacted on by the umpire authorized by
the treaty. Still further claims, amounting to between three and four
millions of dollars, were submitted to the board too late to be consid-
ered, and were left undisposed of. The sum of $2,026,139.68, decided
by the board, was a liquidated and ascertained debt due by Mexico to
the claimants, and there was no justifiable reason for delaying its pay-
ment according to the terms of the treaty. It was not, however, paid.
Mexico applied for further indulgence, and, in that spirit of liberality
and forbearance which has ever marked the policy of the United States
toward that Republic, the request was granted, and on the 3oth of Janu-
ary, 1843, a new treaty was concluded. By this treaty it was provided
that the interest due on the awards in favor of claimants under the con-
vention of the nth of April, 1839, should be paid on the 3oth of April,
1843, and that —

The principal of the said awards and the interest accruing thereon shall be paid
in five years, in equal installments every three months, the said term of five years to
commence on the 3Oth day of April, 1843, aforesaid.

The interest due on the 3oth day of April, 1843, and the three first of
the twenty installments have been paid. Seventeen of these installments
remain unpaid, seven of which are now due.

The claims which were left undecided by the joint commission, amount-
ing to more than $3,000,000, together with other claims for spoliations
on the property of our citizens, were subsequently presented to the Mexi-
can Government for payment, and were so far recognized that a treaty

James K. Polk 2241

providing for their examination and settlement by a joint commission
was concluded and signed at Mexico on the 2oth day of November, 1843.
This treaty was ratified by the United States with certain amendments
to which no just exception could have been taken, but it has not yet
received the ratification of the Mexican Government. In the meantime
our citizens, who suffered great losses — and some of whom have been
reduced from affluence to bankruptcy — are without remedy unless their
rights be enforced by their Government. Such a continued and unpro-
voked series of wrongs could never have been tolerated by the United
States had they been committed by one of the principal nations of
Europe. Mexico was, however, a neighboring sister republic, which,
following our example, had achieved her independence, and for whose
success and prosperity all our sympathies were early enlisted. The
United States were the first to recognize her independence and to receive
her into the family of nations, and have ever been desirous of cultivating
with her a good understanding. We have therefore borne the repeated
wrongs she has committed with great patience, in the hope that a return-
ing sense of justice would ultimately guide her councils and that we
might, if possible, honorably avoid any hostile collision with her. With-
out the previous authority of Congress the Executive possessed no power
to adopt or enforce adequate remedies for the injuries we had suffered,
or to do more than to be prepared to repel the threatened aggression
on the part of Mexico. After our Army and Navy had remained on the
frontier and coasts of Mexico for many weeks without any hostile move-
ment on her part, though her menaces were continued, I deemed it im-
portant to put an end, if possible, to this state of things. With this view
I caused steps to be taken in the month of September last to ascertain
distinctly and in an authentic form what the designs of the Mexican Gov-
ernment were — whether it was their intention to declare war, or invade
Texas, or whether they were disposed to adjust and settle in an amicable
manner the pending differences between the two countries. On the Qth of
November an official answer was received that the Mexican Government
consented to renew the diplomatic relations which had been suspended in
March last, and for that purpose were willing to accredit a minister from
the Unieed States. With a sincere desire to preserve peace and restore
relations of good understanding between the two Republics, I waived all
ceremony as to the manner of renewing diplomatic intercourse between
them, and, assuming the initiative, on the loth of November a distin-
guished citizen of Louisiana was appointed envoy extraordinary and
minister plenipotentiary to Mexico, clothed with full powers to adjust
and definitively settle all pending differences between the two countries,
including those of boundary between Mexico and the State of Texas.
The minister appointed has set out on his mission and is probably b)* this
time near the Mexican capital. He has been instructed to bring the
negotiation with which he is charged to a conclusion at the earliest

2242 Messages and Papers of tJie Presidents

practicable period, which it is expected will be in time to enable me to
communicate the result to Congress during the present session. Until
that result is known I forbear to recommend to Congress such ulterior
measures of redress for the wrongs and injuries we have so long borne
as it would have been proper to make had no such negotiation been
instituted.

Congress appropriated at the last session the sum of $275,000 for the
payment of the April and July installments of the Mexican indemnities
for the year 1844:

Provided it shall be ascertained to the satisfaction of the American Government that
said installments have been paid by the Mexican Government to the agent appointed
by the United States to receive the same in such manner as to discharge all claim on
the Mexican Government, and said agent to be delinquent in remitting the money
to the United States.

The unsettled state of our relations with Mexico has involved this
subject in much mystery. The first information in an authentic form
from the agent of the United States, appointed under the Administration
of my predecessor, was received at the State Department on the gth of
November last. This is contained in a letter, dated the iyth of October,
addressed by him to one of our citizens then in Mexico with a view of
having it communicated to that Department. From this it appears that
the agent on the 2oth of September, 1844, gave a receipt to the treas-
ury of Mexico for the amount of the April and July installments of the
indemnity. In the same communication, however, he asserts that he had
not received a single dollar in cash, but that he holds such securities as
warranted him at the time in giving the receipt, and entertains no doubt
but that he will eventually obtain the money. As these installments
appear never to have been actually paid by the Government of Mexico
to the agent, and as that Government has not, therefore, been released
so as to discharge the claim, I do not feel myself warranted in directing
payment to be made to the claimants out of the Treasury without fur-
ther legislation. Their case is undoubtedly one of much hardship, and
it remains for Congress to decide whether any, and what, relief ought
to be granted to them. Our minister to Mexico has been instructed to
ascertain the facts of the case from the Mexican Government in an
authentic and official form and report the result with as little delay as
possible.

My attention was early directed to the negotiation which on the 4th
of March last I found pending at Washington between the United States
and Great Britain on the subject of the Oregon Territory. Three sev-
eral attempts had been previously made to settle the questions in dispute
between the two countries by negotiation upon the principle of compro-
mise, but each had proved unsuccessful. These negotiations took place
at London in the years 1818, 1824, and 1826 — the two first under the
Administration of Mr. Monroe and the last under that of Mr. Adams.

James K. Polk 2243

The negotiation of 1818, having failed to accomplish its object, resulted
in the convention 01 the 2otn ot October of that year.
By the third article of that convention it was —

Agreed that any country that may be claimed by either party on the northwest coast
of America westward of the Stony Mountains shall, together with its harbors, bays,
and creeks, and the navigation of all rivers within the same, be free and open for
the term of ten years from the date of the signature of the present convention to the
vessels, citizens, and subjects of the two powers ; it being well understood that this
agreement is not to be construed to the prejudice of any claim which either of the
two high contracting parties may have to any part of the said country, nor shall it
be taken to affect the claims of any other power or state to any part of the said coun-
try, the only object of the high contracting parties in that respect being to prevent
disputes and differences amongst themselves.

The negotiation of 1824 was productive of no result, and the conven-
tion of 1818 was left unchanged.

The negotiation of 1826, having also failed to effect an adjustment by
compromise, resulted in the convention of August 6, 1827, by which it
was agreed to continue in force for an indefinite period the provisions
of the third article of the convention of the 2oth of October, 1818; and
it was further provided that —

It shall be competent, however, to either of the contracting parties, in case either
should think fit, at any time after the 2oth of October, 1828, on giving due notice of
twelve months to the other contracting party, to annul and abrogate this convention;
and it shall in such case be accordingly entirely annulled and abrogated after the
expiration of the said term of notice.

In these attempts to adjust the controversy the parallel of the forty-
ninth degree of north latitude had been offered by the United States to
Great Britain, and in those of 1818 and 1826, with a further concession
of the free navigation of the Columbia River south of that latitude. The
parallel of the forty-ninth degree from the Rocky Mountains to its inter-
section with the northeasternmost branch of the Columbia, and thence
down the channel of that river to the sea, had been offered by Great Brit-
ain, with an addition of a small detached territory north of the Columbia.
Each of these propositions had been rejected by the parties respectively.
In October, 1843, the envoy extraordinary and minister plenipotentiary
of the United States in London was authorized to make a similar offer to
those made in 1818 and 1826. Thus stood the question when the nego-
tiation was shortly afterwards transferred to Washington, and on the 23d
of August, 1844, was formally opened under the direction of my imme-
diate predecessor. Like all the previous negotiations, it was based upon
principles of "compromise," and the avowed purpose of the parties was
"to treat of the respective claims of the two countries to the Oregon
Territory with the view to establish a permanent boundary between them
westward of the Rocky Mountains to the Pacific Ocean. ' '

Accordingly, on the 26th of August, 1844, the British plenipotentiary
offered to divide the Oregon Territory by the forty-ninth parallel of

2244 Messages and Papers of the Presidents

north latitude from the Rocky Mountains to the point of its intersection
with the northeasternmost branch of the Columbia River, and thence
down that river to the sea, leaving the free navigation of the river to be
enjo}Ted in common by both parties, the country south of this line to
belong to the United States and that north of it to Great Britain. At
the same time he proposed in addition to yield to the United States a
detached territory north of the Columbia extending along the Pacific and
the Straits of Fuca from Bulfmchs Harbor, inclusive, to Hoods Canal,
and to make free to the United States any port or ports south of lati-
tude 49° which they might desire, either on the mainland or on Quadra
and Vancouvers Island. With the exception of the free ports, this was
the same offer which had been made by the British and rejected by the
American Government in the negotiation of 1826. This proposition was
properly rejected by the American plenipotentiary on the day it was
submitted. This was the only proposition of compromise offered by the
British plenipotentiary. The proposition on the part of Great Britain
having been rejected, the British plenipotentiary requested that a pro-
posal should be made by the United States for "an equitable adjustment
of the question." When I came into office I found this to be the state
of the negotiation. Though entertaining the settled conviction that the
British pretensions of title could not be maintained to any portion of
the Oregon Territory upon any principle of public law recognized by
nations, yet in deference to what had been done by my predecessors, and
especially in consideration that propositions of compromise had been
thrice made by two preceding Administrations to adjust the question on
the parallel of 49 °, and in two of them yielding to Great Britain the free
navigation of the Columbia, and that the pending negotiation had been
commenced on the basis of compromise, I deemed it to be my duty not
abruptly to break it off. In consideration, too, that under the conven-
tions of 1818 and 1827 the citizens and subjects of the two powers held a
joint occupancy of the country, I was induced to make another effort to
settle this long-pending controversy in the spirit of moderation which had
given birth to the renewed discussion. A proposition was accordingly
made, which was rejected by the British plenipotentiary, who, without
submitting any other proposition, suffered the negotiation on his part to
drop, expressing his trust that the United States would offer what he saw
fit to call ' ' some further proposal for the settlement of the Oregon ques-
tion more consistent with fairness and equity and with the reasonable
expectations of the British Government." The proposition thus offered
and rejected repeated the offer of the parallel of 49° of north latitude,
which had been made by two preceding Administrations, but without
proposing to surrender to Great Britain, as they had done, the free navi-
gation of the Columbia River. The right of any foreign power to the
free navigation of any of our rivers through the heart of our country was
one which I was unwilling to concede. It also embraced a provision to

James K. Polk 2245

make free to Great Britain any port or ports on the cap of Quadra and
Vancouvers Island south of this parallel. Had this been a new question,
corning under discussion for the first time, this proposition would net
have been made. The extraordinary and wholly inadmissible demands
of the British Government and the rejection of the proposition made in
deference alone to what had been done by my predecessors and the im-
plied obligation which their acts seemed to impose afford satisfactory evi-
dence that no compromise which the United States ought to accept can
be effected. With this conviction the proposition of compromise which
had been made and rejected was by my direction subsequently withdrawn
and our title to the whole Oregon Territory asserted, and, as is believed,
maintained by irrefragable facts and arguments.

The civilized world will see in these proceedings a spirit of liberal con-
cession on the part of the United States, and this Government will be
relieved from all responsibility which may follow the failure to settle the
controversy.

All attempts at compromise having failed, it becomes the duty of Con-
gress to consider what measures it may be proper to adopt for the security
and protection of our citizens now inhabiting or who may hereafter inhabit
Oregon, and for the maintenance of our just title to that Territory. In
adopting measures for this purpose care should be taken that nothing be
done to violate the stipulations of the convention of 1827, which is still
in force. The faith of treaties, in their letter and spirit, has ever been,
and, I trust, will ever be, scrupulously observed by the United States.
Under that convention a year's notice is required to be given by either
party to the other before the joint occupancy shall terminate and before
either can rightfully assert or exercise exclusive jurisdiction over any
portion of the territory. This notice it would, in my judgment, be propel
to give, and I recommend that provision be made by law for giving it
accordingly, and terminating in this manner the convention of the 6th of
August, 1827.

It will become proper for Congress to determine what legislation they
can in the meantime adopt without violating this convention. Beyond all
question the protection of our laws and our jurisdiction, civil and crimi-
nal, ought to be immediately extended over our citizens in Oregon. They
have had just cause to complain of our long neglect in this particular,
and have in consequence been compelled for their own security and pro-
tection to establish a provisional government for themselves. Strong in
their allegiance and ardent in their attachment to the United States, they
have been thus cast upon their own resources. They are anxious that
our laws should be extended over them, and I recommend that this be
done by Congress with as little delay as possible in the full extent to which
the British Parliament have proceeded in regard to British subjects in
that Territory by their act of July 2, 1821, "for regulating- the fur trade
and establishing a criminal and civil jurisdiction within certain parts of

2246 Messages and Papers of the Presidents

North America. ' ' By this act Great Britain extended her laws and juris-
diction, civil and criminal, over her subjects engaged in the fur trade hi
that Territory. By it the courts of the Province of Upper Canada were
empowered to take cognizance of causes civil and criminal. Justices of
the peace and other judicial officers were authorized to be appointed in
Oregon with power to execute all process issuing from the courts of that
Province, and to ' ' sit and hold courts of record for the trial of criminal
offenses and misdemeanors ' ' not made the subject of capital punishment,
and also of civil cases where the cause of action shall not ' 'exceed in value
the amount or sum of ^200. ' '

Subsequent to the date of this act of Parliament a grant was made
from the "British Crown" to the Hudson* Bay Company of the exclu-
sive trade with the Indian tribes in the Oregon Territory, subject to a
reservation that it shall not operate to the exclusion "of the subjects of
any foreign states who, under or by force of any convention for the time
being between us and such foreign states, respectively, may be entitled
to and shall be engaged in the said trade." It is much to be regretted
that while under this act British subjects have enjoyed the protection
of British laws and British judicial tribunals throughout the whole of
Oregon, American citizens in the same Territory have enjoyed no such
protection from their Government. At the same time, the result illus-
trates the character of our people and their institutions. In spite of this
neglect they have multiplied, and their number is rapidly increasing in
that Territory. They have made no appeal to arms, but have peacefully
fortified themselves in their new homes by the adoption of republican
institutions for themselves, furnishing another example of the truth that
self-government is inherent in the American breast and must prevail.
It is due to them that they should be embraced and protected by our
laws. It is deemed important that our laws regulating trade and inter-
course with the Indian tribes east of the Rocky Mountains should be
extended to such tribes as dwell beyond them. The increasing emigra-
tion to Oregon and the care and protection which is due from the Gov-
ernment to its citizens in that distant region make it our duty, as it is
our interest, to cultivate amicable relations with the Indian tribes of that
Territory. For this purpose I recommend that provision be made for
establishing an Indian agency and such subagencies as may be deemed
necessary beyond the Rocky Mountains.

For the protection of emigrants whilst on their way to Oregon against
the attacks of the Indian tribes occupying the country through which
they pass, I recommend that a suitable number of stockades and block-
house forts be erected along the usual route between our frontier settle-
ment? on the Missouri and the Rocky Mountains, and that an adequate
force of mounted riflemen be raised to guard and protect them on their
journey. The immediate adoption of these recommendations by Con-
gress will not violate the provisions of the existing treaty. It will be

Sutler's discovery of ijold in California was known on (he Atlantic sea-
hoard in ihe wmti t of 1848. Seventeen thousand emigrants immediately set
sail for HI Dorado. \\hen spring came an e<|iia! number of yold hunters
started on the arduous journey overland to the Pacific. I laving congregated
at points on the Missouri during the winter, (he emigrants, in May. 1 if.ua n
their arduous march over the rolling prairies, usually with ciyht oxen to haul
their wagons, llctorc ! 011*4. however, ihe weaker animals would perish or be
eaten for food, and sights of oxen, horses, mules, and do.us yoked together
were coininon. Their route was st'rewn with the debris of failure: — wagons,
tools, food, impedimenta of every description were cast aside in the frantic
effort to .uet out of the torments of the desert more <|iiicklv. \Yhcn the first of
the overland emigrants reached San Francisco, their description of the piteous
pli.uht of those in the rear caused the army commandant there to si ml troops
with supplies for their relief. They found the trails strewn wilh wreckage and
crowded with emigrants marching on foot, with tiieir children and wives fol-
lowing them. Winter caught Ihe rear .miard of the emigrants still plodding
alonjjf, and those who had survived the trial by fire in the desert now under-
went tiie tortures of winter on the plains. ]>y the end of November all the
argonauts were sate in San Francisco.

See the articles "California" and "( iold" in the encyclopedic index.

The trek' to California is, of course, typical of the westward emigration
toward an ever-receding frontier which occurred from the earliest davs of
the Republic.

One of the agents in civilizing the new territory was the pony express,
carrying passengers, mail, and valuables between settlements. Man^ thrill-
ing tales are told of the attacks upon the pony expresses by Indians and also
by highwaymen in the davs when each man was his own policeman. As
the West became more thickly settled, thousands and thousands of the
buffalo which had inhabited its plains were killed, until that noble animal
became practically extinct.

James K. Polk 2247

doing nothing more for American citizens than British laws have long
since done for British subjects in the same territory.

It requires several months to perform the voyage by sea from the
Atlantic States to Oregon, and although we have a large number of
whale ships in the Pacific, but few of them afford an opportunity of in-
terchanging intelligence without great delay between our settlements in
that distant region and the United States. An overland mail is believed
to be entirely practicable, and the importance of establishing such a mail
at least once a month is submitted to the favorable consideration of
Congress.

It is submitted to the wisdom of Congress to determine whether at
their present session, and until after the expiration of the year's notice,
any other measures may be adopted consistently with the convention of
1827 for the security of our rights and the government and protection
of our citizens in Oregon. That it will ultimately be wise and proper to
make liberal grants of land to the patriotic pioneers who amidst priva-
tions and dangers lead the way through savage tribes inhabiting the vast
wilderness intervening between our frontier settlements and Oregon, and
who cultivate and are ever ready to defend the soil, I am fully satisfied.
To doubt whether they will obtain such grants as soon as the convention
between the United States and Great Britain shall have ceased to exist
would be to doubt the justice of Congress; but, pending the year's notice,
it is worthy of consideration whether a stipulation to this effect may be
made consistently with the spirit of that convention.

The recommendations which I have made as to the best manner of
securing our rights in Oregon are submitted to Congress with great def-
erence. Should they in their wisdom devise any other mode better
calculated to accomplish the same object, it shall meet with my hearty
concurrence.

At the end of the year's notice, should Congress think it proper to
make provision for giving that notice, we shall have reached a period
when the national rights in Oregon must either be abandoned or firmly
maintained. That they can not be abandoned without a sacrifice of both
national honor and interest is too clear to admit of doubt.

Oregon is a part of the North American continent, to which, it is confi-
dently affirmed, the title of the United States is the best now in existence.
For the grounds on which that title rests I refer you to the correspond-
ence of the late and present Secretary of State with the British plenipo-
tentiary during the negotiation. The British proposition of compromise,
which would make the Columbia the line south of 49°, with a trifling
addition of detached territory to the United States north of that river,
and would leave on the British side two-thirds of the whole Oregon Ter-
ritory, including the free navigation of the Columbia and all the valuable
harbors on the Pacific, can never for a moment be entertained by the
United States without an abandonment of their just and clear territorial

2248 Messages and Papers of the Presidents

rights, their own self-respect, and the national honor. For the informa-
tion of Congress, I communicate herewith the correspondence which took
place between the two Governments during the late negotiation.

The rapid extension of our settlements over our territories heretofore
unoccupied, the addition of new States to our Confederacy, the expansion
of free principles, and our rising greatness as a nation are attracting
the attention of the powers of Europe, and lately the doctrine has been
broached in some of them of a ' ' balance of power ' ' on this continent to
check our advancement. The United States, sincerely desirous of pre-
serving relations of good understanding with all nations, can not in
silence permit any European interference on the North American conti-
nent, and should any such interference be attempted will be ready to
resist it at any and all hazards.

It is well known to the American people and to all nation's that this
Government has never interfered with the relations subsisting between
other governments. We have never made ourselves parties to their
wars or their alliances; we have not sought their territories by conquest;
wa have not mingled with parties in their domestic struggles; and believ-
ing our own form of government to be the best, we have never attempted
to propagate it by intrigues, by diplomacy, or by force. We may claim
on this continent a like exemption from European interference. The
nations of America are equally sovereign and independent with those of
Europe. They possess the same rights, independent of all foreign inter-
position, to make war, to conclude peace, and to regulate their internal
affairs. The people of the United States can not, therefore, view with
indifference attempts of European powers to interfere with the independ-
ent action of the nations on this continent. The American system of
government is entirely different from that of Europe. Jealousy among
the different sovereigns of Europe, lest any one of them might become
too powerful for the rest, has caused them anxiously to desire the estab-
lishment of what they term the "balance of power." It can not be
permitted to have any application on the North American continent, and
especially to the United States. We must ever maintain the principle
that the people of this continent alone have the right to decide their
own destiny. Should any portion of them, constituting an independent
state, propose to unite themselves with our Confederacy, this will be a
question for them and us to determine without any foreign interposition.
We can never consent that European powers shall interfere to prevent
such a union because it might disturb the "balance of power" which
they may desire to maintain upon this continent. Near a quarter of a
century ago the principle was distinctly announced to the world, in the
annual message of one of my predecessors, that —

The American continents, by the free and independent condition which they have
assumed and maintain, are henceforth not to be considered as subjects for future
colonization by any European powers.

James K. Polk 2249

This principle will apply with greatly increased force should any Euro-
pean power attempt to establish any new colony in North America. In
the existing circumstances of the world the present is deemed a proper
occasion to reiterate and reaffirm the principle avowed by Mr. Monroe
and to state my cordial concurrence in its wisdom and sound policy. The
reassertion of this principle, especially in reference to North America, is
at this day but the promulgation of a policy which no European power
should cherish the disposition to resist. Existing rights of every Euro-
pean nation should be respected, but it is due alike to our safety and our
interests that the efficient protection of our laws should be extended over
our whole territorial limits, and that it should be distinctly announced
to the world as our settled policy that no future European colony or
dominion shall with our consent be planted or established on any part
of the North American continent.

A question has recently arisen under the tenth article of the subsist-
ing treaty between the United States and Prussia. By this article the
consuls of the two countries have the right to sit as judges and arbi-
trators ' ' in such differences as may arise between the captains and crews
of the vessels belonging to the nation whose interests are committed
to their charge without the interference of the local authorities, unless
the conduct of the crews or of the captain should disturb the order or
tranquillity of the country, or the said consuls should require their assist-
ance to cause their decisions to be carried into effect or supported."

The Prussian consul at New Bedford in June, 1844, applied to Mr.
Justice Story to carry into effect a decision made by him between the
captain and crew of the Prussian ship Borussia, but the request was
refused on the ground that without previous legislation by Congress
the judiciary did not possess the power to give effect to this article of the
treaty. The Prussian Government, through their minister here, have
complained of this violation of the treaty, and have asked the Govern-
ment of the United States to adopt the necessary measures to prevent
similar violations hereafter. Good faith to Prussia, as well as to other
nations with whom we have similar treaty stipulations, requires that
tiiese should be faithfully observed. I have deemed it proper, therefore,
to lay the subject before Congress and to recommend such legislation as
may be necessary to give effect to these treaty obligations.

By virtue of an arrangement made between the Spanish Government
and that of the United States in December, 1831, American vessels, since
the 29th of April, 1832, have been admitted to entry in the ports of
Spain, including those of the Balearic and Canary islands, on payment
of the same tonnage duty of 5 cents per ton, as though they had been
Spanish vessels; and this whether our vessels arrive in Spain directly
from the United States or indirectly from any other country. When
Congress, by the act of i3th July, 1832, gave effect to this arrangement
be l \veen the two C'lOvennnents, they confined the reduction of tonnage
73

2250 Messages and Papers of the Presidents

duty merely to Spanish vessels "coming from a port in Spain," leaving
the former discriminating duty to remain against such vessels coming
from a port in any other country. It is manifestly unjust that whilst
American vessels arriving in the ports of Spain from other countries pay
no more duty than Spanish vessels, Spanish vessels arriving in the ports
of the United States from other couatries should be subjected to heavy
discriminating tonnage duties. This is neither equality nor reciprocity,
and is in violation of the arrangement concluded in December, 1831,
between the two countries. The Spanish Government have made re-
peated and earnest remonstrances against this inequality, and the favor-
able attention of Congress has been several times invoked to the subject
by my predecessors. I recommend, as an act of justice to Spain, that this
inequality be removed by Congress and that the discriminating duties
which have been levied under the act of the i3th of July, 1832, on Spanish
vessels coming to the United States from any other foreign country be
refunded. This recommendation does not embrace Spanish vessels arriv-
ing in the United States from Cuba and Porto Rico, which will still remain
subject to the provisions of the act of June 30, 1834, concerning tonnage
duty on such vessels. By the act of the i4th of July, 1832, coffee was
exempted from duty altogether. This exemption was universal, without
reference to the country where it was produced or the national charactt?
of the vessel in which it was imported. By the tariff act of the 3oth of
August, 1842, this exemption from duty was restricted to coffee im-
ported in American vessels from the place of its production, whilst coffee
imported under all other circumstances was subjected to a duty of 20
per cent ad valorem. Under this act and our existing treaty with the
King of the Netherlands Java coffee imported from the European ports
of that Kingdom into the United States, whether in Dutch or American
vessels, now pays this rate of duty. The Government of the Nether-
lands complains that such a discriminating duty should have been im-
posed on coffee the production of one of its colonies, and which is chiefly
brought from Java to the ports of that Kingdom and exported from
thence to foreign countries. Our trade with the Netherlands is highly
beneficial to both countries and our relations with them have ever been
of the most friendly character. Under all the circumstances of the case,
I recommend that this discrimination should be abolished and that the
coffee of Java imported from the Netherlands be placed upon the same
footing with that imported directly from Brazil and other countries where
it is produced.

Under the eighth section of the tariff act of the 3oth of August, 1842,
a duty of 15 cents per gallon was imposed on port wine in casks, while
on the red wines of several other countries, when imported in casks, a
duty of only 6 cents per gallon was imposed. This discrimination, so far
as regarded the port wine of Portugal, was deemed a violation of our
treaty with that power, which provides that —

No higher or other duties shall be imposed on the importation into the United
States of America of any article the growth, produce, or manufacture of the Kingdom

James K. Polk 2251

and possessions of Portugal than such as are or shall be payable on the like article
being the growth, produce, or manufacture of any other foreign country.

Accordingly, to give effect to the treaty as well as to the intention
of Congress, expressed in a proviso to the tariff act itself, that nothing
therein contained should be so construed as to interfere with subsisting
treaties with foreign nations, a Treasury circular was issued on the i6th
of July, 1844, which, among other things, declared the duty on the port
wine of Portugal, in casks, under the existing laws and treaty to be 6
cents per gallon, and directed that the excess of duties which had been
collected on such wine should be refunded. By virtue of another clause
in the same section of the act it is provided that all imitations of port
or any other wines "shall be subject to the duty provided for the gen-
uine article." Imitations of port wine, the production of France, are
imported to some extent into the United States, and the Government of
that country now claims that under a correct construction of the act these
imitations ought not to pay a higher duty than that imposed upon the
original port wine of Portugal. It appears to me to be unequal and un-
just that French imitations of port wine should be subjected to a duty
of 15 cents, while the more valuable article from Portugal should pay
a duty of 6 cents only per gallon. I therefore recommend to Congress
such legislation as may be necessary to correct the inequality.

The late President, in his annual message of December last, recom-
mended an appropriation to satisfy the claims of the Texan Government
against the United States, which had been previously adjusted so far
as the powers of the Executive extend. These claims arose out of the
act of disarming a body of Texan troops under the command of Major
Snively by an officer in the service of the United States, acting under the
orders of our Government, and the forcible entry into the custom-house
at Bryarlys Landing, on Red River, by certain citizens of the United
States and taking away therefrom the goods seized by the collector of
the customs as forfeited under the laws of Texas. This was a liquidated
debt ascertained to be due to Texas when an independent state. Her
acceptance of the terms of annexation proposed by the United States
does not discharge or invalidate the claim. I recommend that provision
be made for its payment.

The commissioner appointed to China during the special session of
the Senate in March last shortly afterwards set out on his mission in the
United States ship Columbus. On arriving at Rio de Janeiro on his pas-
sage the state of his health had become so critical that by the advice of
his medical attendants he returned to the United States early in the
month of October last. Commodore Biddle, commanding the East India
Squadron, proceeded on his voyage in the Columbus, and was charged by
the commissioner with the duty of exchanging with the proper authori-
ties the ratifications of the treaty lately concluded with the Emporer of
China. Since the return of the commissioner to the United States his

2252 Messages and Papers of the Presidents

health has been much improved, and he entertains the confident belief
that he will soon be able to proceed on his mission.

Unfortunately, differences continue to exist among some of the nations
of South America which, following our example, have established their
independence, while in others internal dissensions prevail. It is natural
that our sympathies should be warmly enlisted for their welfare; that
we should desire that all controversies between them should be amicably
adjusted and their Governments administered in a manner to protect the
rights and promote the prosperity of their people. It is contrary, how-
ever, to our settled policy to interfere in their controversies, whether
external or internal.

I have thus adverted to all the subjects connected with our foreign
relations to which I deem it necessary to call your attention. Our policy
is not only peace with all, but good will toward all the powers of the
earth. While we are just to all, we require that all shall be just to us.
Excepting the differences with Mexico and Great Britain, our relations
with all civilized nations are of the most satisfactory character. It is
hoped that in this enlightened age these differences may be amicably
adjusted.

The Secretary of the Treasury in his annual report to Congress will
communicate a full statement of the condition of our finances. The im-
ports for the fiscal year ending on the 3oth of June last were of the value
of $i 17,254,564, of which the amount exported was $15,346,830, leaving
a balance of $101,907,734 for domestic consumption. The exports for
the same year were of the value of $i 14,646,606, of which the amount of
domestic articles was $99,299,776. The receipts into the Treasury dur-
ing the same year were $29,769, 133.56, of which there were derived from
customs $27,528,112.70, from sales of public lands $2,077,022.30, and
from incidental and miscellaneous sources $163,998.56. The expenditures
for the same period were $29,968,206.98, of which $8,588,157.62 were
applied to the payment of the public debt. The balance in the Treasury
on the ist of July last was $7,658,306.22. The amount of the public
debt remaining unpaid on the ist of October last was $17,075,445.52.
Further payments of the public debt would have been made, in antici-
pation of the period of its reimbursement under the authority conferred
upon the Secretary of the Treasury by the acts of July 21, 1841, and of
April 15, 1842, and March 3, 1843, had not the unsettled .state of our rela-
tions with Mexico menaced hostile collision with that power. In view
of such a contingency it was deemed prudent to retain in the Treasury
an amount unusually large for ordinary purposes.

A few years ago our whole national debt growing out of the Revolu-
tion and the War of 1812 with Great Britain was extinguished, and we
presented to the world the rare and noble spectacle of a great and grow-
ing people who had fully discharged every obligation. Since that time
the existing debt has been contracted, and. small as it is in comparison

James K. Polk 2253

with the similar burdens of most other nations, it should be extinguished
at the earliest practicable period. Should the state of the country permit,
and especially if our foreign relations interpose no obstacle, it is contem-
plated to apply all the moneys in the Treasury as they accrue, beyond
what is required for the appropriations by Congress, to its liquidation.
I cherish the hope of soon being able to congratulate the country on its
recovering once more the lofty position which it so recently occupied.
Our country, which exhibits to the world the benefits of self-government,
in developing all the sources of national prosperity owes to mankind the
permanent example of a nation free from the blighting influence of a
public debt.

The attention of Congress is invited to the importance of making suit-
able modifications and reductions of the rates of duty imposed by our
present tariff laws. The object of imposing duties on imports should be
to raise revenue to pay the necessary expenses of Government. Congress
may undoubtedly, in the exercise of a sound discretion, discriminate in
arranging the rates of duty on different articles, but the discriminations
should be within the revenue standard and be made with the view to
raise money for the support of Government.

It becomes important to understand distinctly what is meant by a
revenue standard the maximum of which should not be exceeded in the
rates of duty imposed. It is conceded, and experience proves, that duties
may be laid so high as to diminish or prohibit altogether the importation
of any given article, and thereby lessen or destroy the revenue which at
lower rates would be derived from its importation. Such duties exceed
the revenue rates and are not imposed to raise money for the support of
Government. If Congress levy a duty for revenue of i per cent on a
given article, it will produce a given amount of money to the Treasury
and will incidentally and necessarily afford protection or advantage to
the amount of i per cent to the home manufacturer of a similar or like
article over the importer. If the duty be raised to 10 per cent, it will
produce a greater amount of money and afford greater protection. If it
be still raised to 20, 25, or 30 per cent, and if as it is raised the revenue
derived from it is found to be increased, the protection or advantage will
also be increased; but if it be raised to 31 per cent, and it is found that
the revenue produced at that rate is less than at 30 per cent, it ceases to
be a revenue duty. The precise point in the ascending scale of duties
at which it is ascertained from experience that the revenue is greatest is
the maximum rate of duty which can be laid for the bona fide purpose
of collecting money for the support of Government. To raise the duties
higher than that point, and thereby diminish the amount collected, is to
levy them for protection merely, and not for revenue. As long, then, as
Congress may gradually increase the rate of duty on a given article, and
the revenue is increased by such increase of duty, they are within the
revenue standard. When the}' go beyond that point, and as they increase

2254 Messages and Papers of the Presidents

the duties, the revenue is diminished or destroyed; the act ceases to have
for its object the raising of money to support Government, but is for pro-
tection merely. It does not follow that Congress should levy the highest
duty on all articles of import which they will bear within the revenue
standard, for such rates would probably produce a much larger amount
than the economical administration of the Government would require.
Nor does it follow that the duties on all articles should be at the same
or a horizontal rate. Some articles will bear a much higher revenue
duty than others. Below the maximum of the revenue standard Con-
gress may and ought to discriminate in the rates imposed, taking care
so to adjust them on different articles as to produce in the aggregate the
amount which, when added to the proceeds of the sales of public lands,
may be needed to pay the economical expenses of the Government.

In levying a tariff of duties Congress exercise the taxing power, and
for purposes of revenue may select the objects of taxation. They may
exempt certain articles altogether and permit their importation free of
duty. On others they may impose low duties. In these classes should
be embraced such articles of necessity as are in general use, and especially
such as are consumed by the laborer and poor as well as by the wealthy
citizen. Care should be taken that all the great interests of the coun-
try, including manufactures, agriculture, commerce, navigation, and the
mechanic arts, should, as far as may be practicable, derive equal advan-
tages from the incidental protection which a just system of revenue duties
may afford. Taxation, direct or indirect, is a burden, and it should be
so imposed as to operate as equally as may be on all classes in the pro-
portion of their ability to bear it. To make the taxing power an actual
benefit to one class necessarily increases the burden of the others beyond
their proportion, and would be manifestly unjust. The terms "protec-
tion to domestic industry ' ' are of popular import, but they should apply
under a just system to all the various branches of industry in our coun-
try. The farmer or planter who toils yearly in his fields is engaged in
"domestic industry," and is as much entitled to have his labor "pro-
tected ' ' as the manufacturer, the man of commerce, the navigator, or the
mechanic, who are engaged also in ' ' domestic industry ' ' in their different
pursuits. The joint labors of all these classes constitute the aggregate
of the ' ' domestic industry ' ' of the nation, and they are equally entitled to
the nation's "protection." No one of them can justly claim to be the
exclusive recipient of "protection," which can only be afforded by in-
creasing burdens on the ' ' domestic industry ' ' of the others.

If these views be correct, it remains to inquire how far the tariff act of
1842 is consistent with them. That many of the provisions of that act
are in violation of the cardinal principles here laid down all must concede.
The rates of duty imposed by it on some articles are prohibitory and on
others so high as greatly to diminish importations and to produce a less
amount of revenue than would be derived from lower rates. They operate

James K. Polk 2255

as "protection merely" to one branch of " domestic industry " by taxing
other branches.

By the introduction of minimums, or assumed and false values, and by
the imposition of specific duties the injustice and inequality of the act of
1842 in its practical operations on different classes and pursuits are seen
and felt. Many of the oppressive duties imposed by it under the opera-
tion of these principles range from i per cent to more than 200 per cent.
They are prohibitory on some articles and partially so on others, and bear
most heavily on articles of common necessity and but lightly on articles of
luxury. It is so framed that much the greatest burden which it imposes
is thrown on labor and the poorer classes, who are least able to bear it,
while it protects capital and exempts the rich from paying their just pro-
portion of the taxation required for the support of Government. While
it protects the capital of the wealthy manufacturer and increases his
profits, it does not benefit the operatives or laborers in his employment,
whose wages have not been increased by it. Articles of prime necessity
or of coarse quality and low price, used by the masses of the people, are
in many instances subjected by it to heavy taxes, while articles of finer
quality and higher price, or of luxury, which can be used only by the
opulent, are lightly taxed. It imposes heavy and unjust burdens on
the farmer, the planter, the commercial man, and those of all other pur-
suits except the capitalist who has made his investments in manufac-
tures. All the great interests of the country are not as nearly as may
be practicable equally protected by it.

The Government in theory knows no distinction of persons or classes,
and should not bestow upon some favors and privileges which all others
may not enjoy. It was the purpose of its illustrious founders to base the
institutions which they reared upon the great and unchanging principles
of justice and equity, conscious that if administered in the spirit in which
they were conceived they would be felt only by the benefits which they
diffused, and would secure for themselves a defense in the hearts of the
people more powerful than standing armies and all the means and appli-
ances invented to sustain governments founded in injustice and oppression.

The well-known fact that the tariff act of 1842 was passed by a majority
of one vote in the Senate and two in the House of Representatives, and
that some of those who felt themselves constrained, under the peculiar
circumstances existing at the time, to vote in its favor, proclaimed its
defects and expressed their determination to aid in its modification on
the first opportunity, affords strong and conclusive evidence that it was
not intended to be permanent, and of the expediency and necessity of its
thorough revision.

In recommending to Congress a reduction of the present rates of duty
and a revision and modification of the act of 1842, I am far from enter-
taining opinions unfriendly to the manufacturers. On the contrary, I
desire to see them prosperous as far as they can be so without imposing

2256 Messages and Papers of the Presidents

unequal burdens on other interests. The advantage under any system of
indirect taxation, even within the revenue standard, must be in favor
of the manufacturing interest, and of this no other interest will complain.

I recommend to Congress the abolition of the minimum principle, or
assumed, arbitrary, and false values, and of specific duties, and the sub-
stitution in their place of ad valorem duties as the fairest and most equi-
table indirect tax which can be imposed. By the ad valorem principle all
articles are taxed according to their cost or value, and those which are of
inferior quality or of small cost bear only the just proportion of the tax
with those which are of superior quality or greater cost. The articles
consumed by all are taxed at the same rate. A system of ad valorem
revenue duties, with proper discriminations and proper guards against
frauds in collecting them, it is not doubted will afford ample incidental
advantages to the manufacturers and enable them to derive as great
profits as can be derived from any other regular business. It is believed
that such a system strictly within the revenue standard will place the
manufacturing interests on a stable footing and inure to their perma-
nent advantage, while it will as nearly as may be practicable extend
to all the great interests of the country the incidental protection which
can be afforded by our revenue laws. Such a system, when once firmly
established, would be permanent, and not be subject to the constant com-
plaints, agitations, and changes which must ever occur when duties are
not laid for revenue, but for the ' ' protection merely " of a favored interest.

In the deliberations of Congress on this subject it is hoped that a
spirit of mutual concession and compromise between conflicting interests
may prevail, and that the result of their labors may be crowned with the
happiest consequences. .

By the Constitution of the United States it is provided that ' ' no money
shall be drawn from the Treasury but in consequence of appropriations
made by law. ' ' A public treasury was undoubtedly contemplated and
intended to be created, in which the public money should be kept from
the period of collection until needed for public uses. In the collection and
disbursement of the public money no agencies have ever been employed
by law except such as were appointed by the Government, directly respon-
sible to it and under its control. The safe-keeping of the public money
should be confided to a public treasury created by law and under like
responsibility and control. It is not to be imagined that the framers of
the Constitution could have intended that a treasury should be created as
a place of deposit and safe-keeping of the public money which was irre-
sponsible to the Government. The first Congress under the Constitution,
by the act of the 2d of September, 1789, "to establish the Treasury De-
partment," provided for the appointment of a Treasurer, and made it his
duty " to receive and keep the moneys of the United States" and "at all
times to submit to the Secretary of the Treasury and the Comptroller, or
either of them, the inspection of the moneys in his hands."

James K. Polk 2257

That banks, national or State, could not have been intended to be used
as a substitute for the Treasury spoken of in the Constitution as keepers
of the public money is manifest from the fact that at that time there was
no national bank, and but three or four State banks, of limited capital,
existed in the country. Their employment as depositories was at first
resorted to to a limited extent, but with no avowed intention of contin-
uing them permanently in place of the Treasury of the Constitution.
When they were afterwards from time to time employed, it was from
motives of supposed convenience. Our experience has shown that when
banking corporations have been the keepers of the public money, and
been thereby made in effect the Treasury, the Government can have no
guaranty that it can command the use of its own money for public pur-
poses. The late Bank of the United States proved to be faithless. The
State banks which were afterwards employed were faithless. But a few
years ago, with millions of public money in their keeping, the Govern-
ment was brought almost to bankruptcy and the public credit seriously
impaired because of their inability or indisposition to pay on demand to
the public creditors in the only currency recognized by the Constitution.
Their failure occurred in a period of peace, and great inconvenience and
loss were suffered by the public from it. Had the country been involved
in a foreign war, that inconvenience and loss would have been much
greater, and might have resulted in extreme public calamity. The pub-
lic money should not be mingled with the private funds of banks or
individuals or be used for private purposes. When it is placed in banks
for safe-keeping, it is in effect loaned to them without interest, and is
loaned by them upon interest to the borrowers from them. The public
money is converted into banking capital, and is used and loaned out for
the private profit of bank stockholders, and when called for, as was the
case in 1837, it may be in the pockets of the borrowers from the banks
instead of being in the public Treasury contemplated by the Constitu-
tion. The framers of the Constitution could never have intended that
the money paid into the Treasury should be thus converted to private
use and placed beyond the control of the Government.

Banks which hold the public money are often tempted by a desire of
gain to extend their loans, increase their circulation, and thus stimulate,
if not produce, a spirit of speculation and extravagance which sooner or
later must result in ruin to thousands. If the public money be not per-
mitted to be thus used, but be kept in the Treasury and paid out to the
public creditors in gold and silver, the temptation afforded by its deposit
with banks to an undue expansion of their business would be checked,
while the amount of the constitutional currency left in circulation would
be enlarged by its employment in the public collections and disburse-
ments, and the banks themselves would in consequence be found in a
safer and sounder condition. At present State banks are employed as
depositories, but without adequate regulation of law whereby the public

2258 Messages and Papers of the Presidents

money can be secured against the casualties and excesses, revulsions,
suspensions, and defalcations to which from overissues, overtrading, an
inordinate desire for gain, or other causes they are constantly exposed.
The Secretary of the Treasury has in all cases when it was practicable
taken collateral security for the amount which they hold, by the pledge
of stocks of the United States or such of the States as were in good credit.
Some of the deposit banks have given this description of security and
others have declined to do so.

Entertaining the opinion that ' ' the separation of the moneys of the
Government from banking institutions is indispensable for the safety
of the funds of the Government and the rights of the people, ' ' I recom-
mend to Congress that provision be made by law for such separation, and
that a constitutional treasury be created for the safe-keeping of the pub-
lic money. The constitutional treasury recommended is designed as
a secure depository for the public money, without any power to make
loans or discounts or to issue any paper whatever as a currency or cir-
culation. I can not doubt that such a treasury as was contemplated
by the Constitution should be independent of all banking corporations.
The money of the people should be kept in the Treasury of the people
created by law, and be in the custody of agents of the people chosen by
themselves according to the forms of the Constitution — agents who are
directly responsible to the Government, who are under adequate bonds
and oaths, and who are subject to severe punishments for any embezzle-
ment, private use, or misapplication of the public funds, and for any fail-
ure in other respects to perform their duties. To say that the people or
their Government are incompetent or not to be trusted with the custody
of their own money in their own Treasury, provided by themselves, but
must rely on the presidents, cashiers, and stockholders of banking cor-
porations, not appointed by them nor responsible to them, would be to
concede that they are incompetent for self-government.

In recommending the establishment of a constitutional treasury in
which the public money shall be kept, I desire that adequate provision
be made by law for its safety and that all Executive discretion or control
over it shall be removed, except such as may be necessary in directing
its disbursement in pursuance of appropriations made by law.

Under our present land system, limiting the minimum price at which
the public lands can be entered to $1.25 per acre, large quantities of
lands of inferior quality remain unsold because they will not command
that price. From the records of the General Land Office it appears that
of the public lands remaining unsold in the several States and Territories
in which they are situated, 39,105,577 acres have been in the market
subject to entry more than twenty years, 49,638,644 acres for more than
fifteen years, 73,074,600 acres for more than ten years, and 106,176,961
acres for more than five years. Much the largest portion of these lands
will continue to be unsalable at the minimum price at which they are

James K. Polk 2259

permitted to be sold so long as large territories of lands from which the
more valuable portions have not been selected are annually brought
into market by the Government. With the view to the sale and settle-
ment of these inferior lands, I recommend that the price be graduated
and reduced below the present minimum rate, confining the sales at the
reduced prices to settlers and cultivators, in limited quantities. If grad-
uated and reduced in price for a limited term to $i per acre, and after
the expiration of that period for a second and third term to lower rates,
a large portion of these lands would be purchased, and many worthy
citizens who are unable to pay higher rates could purchase homes for
themselves and their families. By adopting the policy of graduation and
reduction of price these inferior lands will be sold for their real value,
while the States in which they lie will be freed from the inconvenience,
if not injustice, to which they are subjected in consequence of the United
States continuing to own large quantities of the public lands within their
borders not liable to taxation for the support of their local governments.

I recommend the continuance of the policy of granting preemptions in
its most liberal extent to all those who have settled or may hereafter settle
on the public lands, whether surveyed or unsurveyed, to which the Indian
title may have been extinguished at the time of settlement. It has been
found by experience that in consequence of combinations of purchasers
and other causes a very small quantity of the public lands, when sold at
public auction, commands a higher price than the minimum rates estab-
lished by law. The settlers on the public lands are, however, but rarely
able to secure their homes and improvements at the public sales at that
rate, because these combinations, by means of the capital they command
and their superior ability to purchase, render it impossible for the settler
to compete with them in the market. By putting down all competition
these combinations of capitalists and speculators are usually enabled to
purchase the lands, including the improvements of the settlers, at the
minimum price of the Government, and either turn them out of their
homes or extort from them, according to their ability to pay, double or
quadruple the amount paid for them to the Government. It is to the
enterprise and perseverance of the hardy pioneers of the West, who pene-
trate the wilderness with their families, suffer the dangers, the privations,
and hardships attending the settlement of a new country, and prepare the
way for the body of emigrants who in the course of a few years usually
follow them, that we are in a great degree indebted for the rapid extension
and aggrandizement of our country.

Experience has proved that no portion'of our population are more patri-
otic than the hardy and brave men of the frontier, or more ready to obey
the call of their country and to defend her rights and her honor when-
ever and by whatever enemy assailed. They should be protected from
the grasping speculator and secured, at the minimum price of the public
lands, in the humble homes which they have improved by their labor.

2260 Messages and Papers of tJie Presidents

With this end in view, all vexatious or unnecessary restrictions imposed
upon them by the existing preemption laws should be repealed or modi-
fied. It is the true policy of the Government to afford facilities to its
citizens to become the owners of small portions of our vast public domain
at low and moderate rates.

The present system of managing the mineral lands of the United States
is believed to be radically defective. More than 1,000,000 acres of the
public lands, supposed to contain lead and other minerals, have been
reserved from sale, and numerous leases upon them have been granted to
individuals upon a stipulated rent. The system of granting leases has
proved to be not only unprofitable to the Government, but unsatisfactory
to the citizens who have gone upon the lands, and must, if continued,
lay the foundation of much future difficulty between the Government
and the lessees. According to the official records, the amount of rents
received by the Government for the years 1841, 1842, 1843, and 1844 was
$6,354.74, while the expenses of the system during the same period,
including salaries of superintendents, agents, clerks, and incidental ex-
penses, were $26,111.11, the income being less than one-fourth of the
expenses. To this pecuniary loss may be added^ the injury sustained by
the public in consequence of the destruction of timber and the careless
and wasteful manner of working the mines. The system has given rise
to much litigation between the United States and individual citizens, pro-
ducing irritation and excitement in the mineral region, and involving
the Government in heavy additional expenditures. It is believed that
similar losses and embarrassments will continue to occur while the pres-
ent system of leasing these lands remains unchanged. These lands are
now under the superintendence and care of the War Department, with
the ordinary duties of which they have no proper or natural connection.
I recommend the repeal of the present system, and that these lands be
placed under the superintendence and management of the General Land
Office, as other public lands, and be brought into market and sold upon
such terms as Congress in their wisdom may prescribe, reserving to the
Government an equitable percentage of the gross amount of mineral
product, and that the preemption principle be extended to resident miners
and settlers upon them at the minimum price which may be established
by Congress.

I refer you to the accompanying report of the Secretary of War for
information respecting the present situation of the Army and its opera-
tions during the past year, the state of our defenses, the condition of the
public works, and our relations with the various Ind'.an tribes within our
limits or upon our borders. I invite your attention to the suggestions
contained in that report in relation to theje prominent objects of national
ink-rest. When orders were given during the past summer for concen-
trating a military force on the western frontier of Texas, our troops were
widely dispersed and in small detachments, occupying- posts remote from

James K. Polk 2261

each other. The prompt and expeditious manner in which an army
embracing more than half our peace establishment was drawn together
on an emergency so sudden reflects great credit on the officers who were
intrusted with the execution of these orders, as well as upon the discipline
of the Army itself. To be in strength to protect and defend the people
and territory of Texas in the event Mexico should commence hostilities or
invade her territories with a large army, which she threatened, I author-
ized the general assigned to the command of the army of occupation to
make requisitions for additional forces from several of the States nearest
the Texan territory, and which could most expeditiously furnish them,
if in his opinion a larger force than that under his command and the
auxiliary aid which under like circumstances he was authorized to
receive from Texas should be required. The contingency upon which
the exercise of this authority depended has not occurred. The circum-
stances under which two companies of State artillery from the city of New
Orleans were sent into Texas and mustered into the service of the United
States are fully stated in the report of the Secretary of War. I recom-
mend to Congress that provision be made for the payment of these troops,
as well as a small number of Texan volunteers whom the commanding
general thought it necessary to receive or muster into our service.

During the last summer the First Regiment of Dragoons made exten-
sive excursions through the Indian country on our borders, a part of them
advancing nearly to the possessions of the Hudsons Bay Company in the
north, and a part as far as the South Pass of the Rocky Mountains and
the head waters of the tributary streams of the Colorado of the West.
The exhibition of this military force among the Indian tribes in those dis-
tant regions and the councils held with them by the commanders of the
expeditions, it is believed, will have a salutary influence in restraining
them from hostilities among themselves and maintaining friendly rela-
tions between them and the United States. An interesting account of
one of these excursions accompanies the report of the Secretary of War.
Under the directions of the War Department Brevet Captain Fremont, of
the Corps of Topographical Engineers, has been employed since 1842
in exploring the country west of the Mississippi and beyond the Rocky
Mountains. Two expeditions have already been brought to a close, and
the reports of that scientific and enterprising officer have furnished much
interesting and valuable information. He is now engaged in a third
expedition, but it is not expected that this arduous service will be com-
pleted in season to enable me to communicate the result to Congress at
the present session.

Our relations with the Indian tribes are of a favorable character. The
policy of removing them to a country designed for their permanent resi-
dence west of the Mississippi, and without the limits of the organized
States and Territories, is better appreciated by them than it was a few
years ago, while education is now attended to and the habits of civilized

2262 Messages and Papers of the Presidents

Serious difficulties of long standing continue to distract the several
parties into which the Cherokees are unhappily divided. The efforts of
the Government to adjust the difficulties between them have heretofore
proved unsuccessful, and there remains no probability that this desira-
ble object can be accomplished without the aid of further legislation by
Congress. I will at an early period of your session present the subject
for your consideration, accompanied with an exposition of the complaints
and claims of the several parties into which the nation is divided, with
a view to the adoption of such measures by Congress as may enable the
Executive to do justice to them, respectively, and to put an end, if possi-
ble, to the dissensions which have long prevailed and still prevail among
them.

I refer you to the report of the Secretary of the Navy for the present
condition of that branch of the national defense and for grave sugges-
tions having for their object the increase of its efficiency and a greater
economy in its management. During the past year the officers and
men have performed their duty in a satisfactory manner. The orders
which have been given have been executed with promptness and fidelity.
A larger force than has often formed one squadron under our flag
was readily concentrated in the Gulf of Mexico, and apparently without
unusual effort. It is especially to be observed that notwithstanding
the union of so considerable a force, no act was committed that even the
jealousy of an irritated power could construe as an act of aggression, and
that the commander of the squadron and his officers, in strict conformity
with their instructions, holding themselves ever ready for the most active
duty, have achieved the still purer glory of contributing to the preserva-
tion of peace. It is l3elieved that at all our foreign stations the honor of
our flag has been maintained and that generally our ships of war have
been distinguished for their good discipline and order. I am happy to
add that the display of maritime force which was required by the events
of the summer has been made wholly within the usual appropriations for
the service of the year, so that no additional appropriations are required.

The commerce of the United States, and with it the navigating inter-
ests, have steadily and rapidly increased since the organization of our
Government, until, it is believed, we are now second to but one power in
the world, and at no distant day we shall probably be inferior to none.
Exposed as they must be, it has been a wise policy to afford to these im-
portant interests protection with our ships of war distributed in the great
highways of trade throughout the world. For more than thirty years
appropriations have been made and annually expended for the gradual
increase of our naval forces. In peace our Navy performs the important
duty of protecting our commerce, and in the event of war will be, as it
has been, a most efficient means of defense.

The successful use of steam navigation on the ocean has been followed
by the introduction of war steamers in great and increasing numbers into

James K. Polk 2263

the navies of the principal maritime powers of the world. A due regard
to our own safety and to an efficient protection to our large and increas-
ing commerce demands a corresponding increase on our part. No coun-
try has greater facilities for the construction of vessels of this description
than ours, or can promise itself greater advantages from their employ-
ment. They are admirably adapte i to the protection of our commerce,
to the rapid transmission of intelligence, and to the coast defense. In
pursuance of the wise policy of a gradual increase of our Navy, large
supplies of live-oak timber and other materials for shipbuilding have
been collected and are now under shelter and in a state of good preserva-
tion, while iron steamers can be built with great facility in various parts
of the Union. The use of iron as a material, especially in the construc-
tion of steamers which can enter with safety many of the harbors along
oui' coast now inaccessible to vessels of greater draft, and the practica-
bility of constructing them in the interior, strongly recommend that
liberal appropriations should be made for this important object. What-
ever may have been our policy in the earlier stages of the Government,
when the nation was in its infancy, onr shipping interests and commerce
comparatively small, our resources limited, our population sparse and
scarcely extending beyond the limits of the original thirteen States, that
policy must be essentially different now that we have grown from three
to more than twenty millions of people, that our commerce, carried in
our own ships, is found in every sea, and that our territorial boundaries
and settlements have been so greatly expanded. Neither our commerce
nor our long line of coast on the ocean and on the Lakes can be success-
fully defended against foreign aggression by means of fortifications alone.
These are essential at important commercial and military points, but our
chief reliance for this object must be on a well-organized, efficient navy.
The benefits resulting from such a navy are not confined to the Atlantic
States. The productions of the interior which seek a market abroad are
directly dependent on the safety and freedom of our commerce. The
occupation of the Balize below New Orleans by a hostile force would
embarrass, if not stagnate, the whole export trade of the Mississippi and
affect the value of the agricultural products of the entire valley of that
mighty river and its tributaries.

It lies never been our policy to maintain large standing armies in time
of peace. They are contrary to the genius of our free institutions, would
impose heavy burdens on the people and be dangerous to public liberty.
Our reliance for protection and defense on the land must be mainly on
our citizen soldiers, who will be ever ready, as they ever have been ready
in times past, to rush with alacrity, at the call of their country, to her
defense. This description of force, however, can not defend our coast,
harbors, and inland seas, nor protect our commerce on the ocean or the
Lakes. These must be protected by our Navy.

Considering an increased naval force, and especially of steam vessels,

2264 Messages and Papers of the Presidents

corresponding with our growth and importance as a nation, and propor-
tioned to the increased and increasing naval power of other nations, of
vast importance as regards our safety, and the great and growing inter-
ests to be protected by it, I recommend the subject to the favorable
consideration of Congress.

The report of the Postmaster- General herewith communicated contains
a detailed statement of the operations of his Department during the past
year. It will be seen that the income from postages will fall short of the
expenditures for the year between $i ,000,000 and $2,000,000. This defi-
ciency has been caused by the reduction of the rates of postage, which
was made by the act of the 3d of March last. No principle has been
more generally acquiesced in by the people than that this Department
should sustain itself by limiting its expenditures to its income. Congress
has never sought to make it a source of revenue for general purposes
except for a short period during the last war with Great Britain, nor
should it ever become a charge on the general Treasury. If Congress
shall adhere to this principle, as I think they ought, it will be necessary
either to curtail the present mail service so as to reduce the expenditures,
or so to modify the act of the 3d of March last as to improve its revenues.
The extension of the mail service and the additional facilities which will
be demanded by the rapid extension and increase of population on our
western frontier will not admit of such curtailment as will materially
reduce the present expenditures. In the adjustment of the tariff of post-
ages the interests of the people demand that the lowest rates be adopted
which will produce the necessary revenue to meet the expenditures of
the Department. I invite the attention of Congress to the suggestions
of the Postmaster- General on this subject, under the belief that such £
modification of the late law may be made as will yield sufficient revenue
without further calls on the Treasury , and with very little change in the
present rates of postage. Proper measures have been taken in pursuance
of the act of the 3d of March last for the establishment of lines of mail
steamers between this and foreign countries. The importance of this
service commends itself strongly to favorable consideration.

With the growth of our country the public business which devolves on
the heads of the several Executive Departments has greatly increased. In
some respects the distribution of duties among them seems to be incon-
gruous, and many of these might be transferred from one to another with
advantage to the public interests. A more auspicious time for the con-
sideration of this subject by Congress, with a view to system in the
organization of the several Departments and a more appropriate divi-
sion of the public- bii'-iness, will not probably occur.

The most important duties of the State Department relate to our for-
eign affairs. By the great enlargement of the family of nations, the
increase of our commerce, and the corresponding extension of our con-
sular system the business of this Department has been greatly increased.

James K. Polk 2265

In its present organization many duties of a domestic nature and con-
sisting of details are devolved on the Secretary of State, which do not
appropriately belong to the foreign department of the Government and
may properly be transferred to some other Department. One of these
grows out of the present state of the law concerning the Patent Office,
which a few years since was a subordinate clerkship, but has become a
distinct bureau of great importance. With an excellent internal organi-
zation, it is still connected with the State Department. In the transac-
tion of its business questions of much importance to inventors and to
the community frequently arise, which by existing laws are referred for
decision to a board of which the Secretary of State is a member. These
questions are legal, and the connection which now exists between the
State Department and the Patent Office may with great propriety and
advantage be transferred to the Attorney- General.

In his last annual message to Congress Mr. Madison invited atten-
tion to a proper provision for the Attorney- General as "an important
improvement in the executive establishment." This recommendation
wras repeated by some of his successors. The official duties of the
Attorney -General have been much increased within a few years, and his
office has become one of great importance. His duties may be still
further increased with advantage to the public interests. As an execu-
tive officer his residence and constant attention at the seat of Government
are required. Legal questions involving important principles and large
amounts of public money are constantly referred to him by the Presi-
dent and Executive Departments for his examination and decision. The
public business under his official management before the judiciary has
been so augmented by the extension of our territory and the acts of
Congress authorizing suits against the United States for large bodies
of valuable public lands as greatly to increase his labors and responsi-
bilities. I therefore recommend that the Attorney- General be placed on
the same footing with the heads of the other Executive Departments,
with .such subordinate officers provided by law for his Department as
may be required to discharge the additional duties which have been
or may be devolved upon him.

Congress possess the power of exclusive legislation over the District of
Columbia, and I commend the interests of its inhabitants to your favora-
ble consideration. The people of this District have no legislative body of
their own, and must confide their local as well as their general interests
to representatives in whose election they have no voice and over whose
official conduct they have no control. Each member of the National
Legislature should consider himself as their immediate representative,
and should be the more ready to give attention to their interests and
wants because he is not responsible to them. I recommend that a liberal
and generous spirit may characterize your measures in relation to them.
1 shall be ever disposed to show a proper regard for their wishes and,

2266 Messages and Papers of the Presidents

within constitutional limits, shall at all times cheerfully cooperate with
you for the advancement of their welfare.

I trust it may not be deemed inappropriate to the occasion for me to
dwell for a moment on the memory of the most eminent citizen of our
country who during the summer that is gone by has descended to the
tomb. The enjoyment of contemplating, at the advanced age of near
fourscore years, the happy condition of his country cheered the last
hours of Andrew Jackson, who departed this life in the tranquil hope
of a blessed immortality. His death was happy, as his life had been
eminently useful. He had an unfaltering confidence in the virtue and
capacity of the people and in the permanence of that free Government
which he had largely contributed to establish and defend. His great
deeds had secured to him the affections of his fellow-citizens, and it was
his happiness to witness the growth and glory of his country, which he
loved so well. He departed amidst the benedictions of millions of free-
men. The nation paid its tribute to his memory at his tomb. Coming
generations will learn from his example the love of country and the
rights of man. In his language on a similar occasion to the present,
"I now commend you, fellow-citizens, to the guidance of Almighty God,
with a full reliance on His merciful providence for the maintenance of
our free institutions, and with an earnest supplication that whatever
errors it may be my lot to commit in discharging the arduous duties
which have devolved on me will find a remedy in the harmony and
wisdom of your counsels. ' ' JAMES K. POLK.

SPECIAL MESSAGES.

WASHINGTON, December 9, 184.5.
To the Senate and House of Representatives:

I communicate herewith a letter received from the President of the
existing Government of the State of Texas, transmitting duplicate cop-
ies of the constitution formed by the deputies of the people of Texas
in convention assembled, accompanied by official information that the
said constitution had been ratified, confirmed, and adopted by the people
of Texas themselves, in accordance with the joint resolution for annexing
Texas to the United States, and in order that Texas might be admitted
as one of the States of that Union. TAMFS K POT K

WASHINGTON, December 10, 184.5.
To the Senate of the United States:

I transmit herewith a report of the Secretary of War, in answer to a
resolution of the Senate of the 4th instant, calling for information "with

James K. Polk 2267

respect to the practicability and utility of a fort or forts on Ship Island,
on the coast of Mississippi, with a view to the protection of said coast."

JAMES K. POLK.

WASHINGTON, December 15, 184.5.
To the Senate of the United States:

I herewith communicate to the Senate, for its consideration, a conven-
tion signed on the i4th May of the present year by the minister of the
United States at Berlin with the minister of Saxony at the same Court,
for the mutual abolition of the droit d'aubame, droit de detraction, and
taxes on emigration between the United States and Saxony; and I com-
municate with the convention an explanatory dispatch of the minister of
the United States, dated on the I4th May, 1845, and numbered 267.

JAMES K. POLK.

WASHINGTON, December 16, 184.5.
To the Senate of the United States:

I herewith communicate to the Senate, for its consideration, a conven-
tion concluded and signed at Berlin on the 2Qth day of January, 1845,
between the United States and Prussia, together with certain other Ger-
man States, for the mutual extradition of fugitives from justice in cer-
tain cases; and I communicate with the convention the correspondence
necessary to explain it.

In submitting this convention to the Senate I deem it proper to call
their attention to the third article, by which it is stipulated that ' ' none
of the contracting parties shall be bound to deliver up its own citizens
or subjects under the stipulations of this convention."

No such reservation is to be found in our treaties of extradition with
Great Britain and France, the only two nations with whom we have
concluded such treaties. These provide for the surrender of all persons
who are fugitives from justice, without regard to the country to which
they may belong. Under this article, if German subjects of any of the
parties to the convention should commit crimes within the United States
and fly back to their native country from justice, they would not be sur-
rendered. This is clear in regard to all such Germans as shall not have
been naturalized under our laws. But even after naturalization difficult
and embarrassing questions might arise between the parties. These Ger-
man powers, holding the doctrine of perpetual allegiance, might refuse
to surrender German naturalized citizens, whilst we must ever maintain
the principle that the rights and duties of such citizens are the same as
if they had been born in the United States.

I would also observe that the fourth article of the treaty submitted
contains a provision not to be found in our conventions with Great
Britain and France.

JAMES K. POLK.

2268 Messages and Papers of the Presidents

WASHINGTON, December /<5, 184.5.
To the Senate of the United States:

I herewith transmit a report from the Secretary of State, containing
the information called for by the resolution of the Senate of the 8th of
January last, in relation to the claim of the owners of the brig General
Armstrong against the Government of Portugal.*

JAMES K. POLK.

WASHINGTON, December 19, 184.5.
To the Hoiise of Representatives:

I communicate to the House of Representatives, in reply to their reso-
lution of the 25th of February last, a report from the Secretary of State,
together with the correspondence of George W. Slacum, late consul of
the United States at Rio de Janeiro, with the Department of State, relat-
ing to the African slave trade. JAMES

WASHINGTON, December 22, 184.5.
To the Congress of the United States:

I transmit to Congress a communication from the Secretary of State,
with a statement of the expenditures from the appropriation made by the
act entitled "An act providing the means of future intercourse between
the United States and the Government of China," approved the 3d of

March' I8«- JAMES K. POLK.

WASHINGTON, Jan uary j, 1846.
To the Senate of the United States:

I transmit to the Senate a report of the Secretary of the Navy, com-
municating the information called for by their resolution of the i8th of
December, 1845, in relation to the "number of agents now employed for
the preservation of timber, their salaries, the authority of law under
which they are paid, and the allowances of every description made within
the last twenty years in the settlement of the accounts of said agents. ' '

JAMES K. POLK.

WASHINGTON, January 6, 184.6.
To the Senate of the United States:

I communicate to the Senate the information called for by their reso-
lution of December 31, 1845, "requesting the President to cause to be
communicated to the Senate copies of the correspondence between the

* I:or failing to protect the American armed brig General Armstrong, while lying: in the port of
Fayal, Azores, from attack by British armed ships on September 26, 1814.

James K. Polk 2269

Attorney- General and the Solicitor of the Treasury and the judicial offi-
cers of Florida in relation to the authority of the Territorial judges as
Federal judges since the 3d of March, 1845."

JAMES K. POLK.

WASHINGTON, January 12, 184.6.
To the Senate of the United States:

I nominate the persons named in the accompanying list* of promotions
and appointments in the Army of the United States to the several grades
annexed to their names, as proposed by the Secretary of War.

JAMES K. POLK.

WAR DEPARTMENT, January 8, 1846.
The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor respectfully to propose for your approbation the annexed
list* of officers for promotion and persons for appointment in the Army of the United
States.

I am, sir, with great respect, your obedient servant, ^ ^ MARCY

ADJUTANT-GENERAL'S OFFICE,
Hon. \V. L. MARCY, Washington January S, ,S46.

Secretary of War.

SIR : I respectfully submit the accompanying list * of promotions and appointments
to fill the vacancies in the Army which are known to have happened since the date
of the last list, December 12, 1845. The promotions are all regular except that of
Captain Martin Scott, Fifth Infantry, whose name, agreeably to the decision of the
President and your instructions, is submitted to fill the vacancy of major in the First
Regiment of Infantry (rice Dearborn, promoted), over the two senior captains of
infantry, Captain John B. Clark, of the Third Regiment, and Brevet Major Thomas
Noel, of the Sixth. The reasons for this departure from the ordinary course (as in
other like cases of disability) are set forth in the Adjutant-General's report of the
2yth ultimo and the General in Chief's indorsement thereon, of which copies are
herewith respectfully annexed, marked A.

I am, sir, with great respect, your obedient servant,

R. JONES, Adjutant-General.

A.

ADJUTANT-GENERAL'S OFFICE,
Major-General WINFIELD SCOTT, Washington, December *7, ,S45.

Commanding the Army.

SIR: The death of Lieutenant-Colonel Hoffman, Seventh Infantry, on the 26th
ultimo, having caused a vacancy in the grade of major, to which, under the rule,
Captain J. B. Clark, Third Infantry, would be entitled to succeed, I deem it proper
to submit the following statement, extracted from the official returns of his regi-
ment, touching his physical capacity for the performance of military duty.

In May, 1836, Captain Clark went on the recruiting service, where he remained
till October 4, 1838, when he was granted a three months' leave. He joined hi."
company at Fort Towson in May, 1839, and continued with it from that time till

* Omitted.

2270 Messages and Papers of the Presidents

March, 1841, accompanying it meanwhile (October, 1840) to Florida. He obtained
a three months' leave on surgeon's certificate of ill health March 23, 1841, but did
not rejoin till February 16, 1842. In the interim he was placed on duty for a short
time as a member of a general court-martial, which happened to be convened at St.
Ix>uis, where he was then staying. He remained with his company from February
to November, 1842, when he again received a leave for the benefit of his health,
and did not return to duty till April 26, 1843 (after his regiment had been ordered
to Florida), when he rejoined it at Jefferson Barracks. He continued with it (with
the exception of one short leave) from April, 1843, till June, 1845, but the returns
show him to have been frequently on the sick report during that period. On the 2d
of June, 1845, his company being then encamped near Fort Jessup in expectation of
orders for Texas, he again procured a leave on account of his health, and has not
since been able to rejoin, reporting monthly that his health unfitted him for the
performance of duty. The signature of his last report (not written by himself),
of November 30 (herewith*), would seem to indicate great physical derangement or
decrepitude, approaching, perhaps, to paralysis.

From the foregoing it appears that during the last seven years (since October,
1838) Captain Clark has been off duty two years and four months, the greater part
of the time on account of sickness, and that even when present with his company
his health is so much impaired that very often he is unable to perform the ordinary
garrison duties.

Under these circumstances it is respectfully submitted, for the consideration of the
proper authority, whether the senior captain of infantry should not be passed over
and (as Brevet Major Noel.f the next in rank, is utterly disqualified) Captain Martin
Scott, of the Fifth Infantry, promoted to the vacant majority.

It is proper to state that Captain Clark has always been regarded as a perfect
gentleman, and as such, as far as I know, is equal to any officer in the Army.
I am, sir, most respectfully, your obedient servant,

R. JONES, Adjutant-General.

[Remarks indorsed on the foregoing report by the General in Chief.]

DECEMBER 30, 1845.

This report presents grave points for consideration. It is highly improbable that
the Captain will ever be fit for the active duties of his profession. The question,
therefore, seems to be whether he shall be a pensioner on full pay as captain or as
major, for he has long been, not in name, but in fact, a pensioner on full pay. We
have no half pay in the Army to relieve marching regiments of crippled and superan-
nuated officers. We have many such — Colonel Maury, of the Third Infantry (super-
annuated), and Majors Cobb and McClintock, Fifth Infantry and Third Artillery
( crippled ) . Many others are fast becoming superannuated. The three named are on
indefinite leaves of absence, and so are Majors Searle and Noel, permanent cripples
from wounds. General Cass's resolution of yesterday refers simply to age. A half
pay or retired list with half pay would be much better. There are some twenty offi-
cers who ought at once to be placed on such list and their places filled by promotion.

Upon the whole, I think it best that Captain M. Scott should be promoted, vice
Dearborn, vice Lieutenant-Colonel Hoffman.

Respectfully submitted to the Secretary of War. WINt JELD SCOTT

* Omitted.

fin 1839 Brevet Major Noel, Sixth Infantry, was severely wounded (serving in the Florida War
at the time) by the accidental discharge of his own pistol. He left his company February 16,
1839, and has ever since been absent from his regiment, the state of his wound and great suffering
I'-nik-rins: him utterly incapable of performing any kind of duty whatever; nor is there any reason

to hope he will ever be able to resume his duties.

R. JONES, Adjutant-General.

James K. Polk 2271

JANUARY 8, 1846.

It appearing from the within statements of the Commanding General and the
Adjutant-General that the two officers proposed to be passed over are physically
unable to perform the duties of major, and their inability is not temporary, I rec-
ommend that Captain Martin Scott be promoted to the vacant majority 3d January,

I846' W. L. MARCY.

WASHINGTON, January 13, 184.6.
To the Senate of the United States:

I transmit to the Senate a report of the Secretary of War, with accom-
panying papers, showing the measures which hare been adopted in rela-
tion to the transfer of certain stocks between the Chickasaw and Choctaw
Indians under the treaty between those tribes of the 24th March, 1837.
The claim presented by the Choctaw General Council, if deemed to be
founded in equity, can not be adjusted without the previous advice and
consent of the Senate. JAMES K

WASHINGTON, January 20, 184.6.
To the Senate of the United States:

On the 1 5th of January, 184$, I withdrew the nomination of James H.
Tate, of Mississippi, as consul at Buenos Ayres. The withdrawal was
made upon the receipt on that day of a letter addressed to me by the
Senators from the State of Mississippi advising it. I transmit their let-
ter herewith to the Senate. At that time I had not been furnished with
a copy of the Executive Journal of the Senate, and had no knowledge of
the pendency of the resolution before that body in executive session in
relation to this nomination. Having since been furnished by the Secre-
tary of the Senate with a copy of the Executive Journal containing the
resolution referred to, I deem it proper and due to the Senate to reinstate
the nomination in the condition in which it was before it was withdrawn.
And with that view I nominate James H. Tate, of Mississippi, to be consul
at Buenos Ayres. JAMES

WASHINGTON, January 28, 1846.
To the Senate of the Uniied States:

I herewith communicate to the Senate, for its consideration with regard
to its ratification, a treaty of commerce and navigation between the United
States and the Kingdom of the Two Sicilies, concluded and signed on the
ist day of December last at Naples by the charge d'affaires of the United
States with the plenipotentiaries of His Majesty the King of the King-
dom of the Two Sicilies.

And I communicate at the same time portions of the correspondence
(so far as it has been received) in explanation of the treaty.

JAMES K. POLK.

2272 Messages and Papers of the Presidents

WASHINGTON, February j, 184.6.
To the Senate of the United States:

I herewith communicate to the Senate, for its consideration in refer
ence to its ratification, a treaty of commerce and navigation between the
United States and Belgium, concluded and signed on the loth Novem-
ber last at Brussels by the charge d'affaires of the United States with
the minister of foreign affairs of His Majesty the King of the Belgians.

And I communicate at the same time the correspondence and other
papers in explanation of the treaty, TAMKS "K" POT 1^

WASHINGTON, February 5, 184.6.
To the Senate of the United States:

In pursuance with the request of the Senate in their resolution of the
4th instant, I ' ' return ' ' herewith, ' ' for their further action, the resolution
advising and consenting to the appointment of Isaac H. Wright as navy
agent at Boston. ' ' It will be observed that the resolution of the Senate
herewith returned contains the advice and consent of that body to the
appointment of several other persons to other offices not embraced in their
resolution of the 4th instant, and it being impossible to comply with the
request of the Senate without communicating to them the whole resolu-
tion, I respectfully request that so far as it relates to the other cases than
that of Mr. Wright it may be returned to me.

JAMES K. POLK.

WASHINGTON, February 7, 1846.
To the Senate of the United States:

In compliance with the request of the Senate in their resolution of the
2gth January last, I herewith communicate a report from the Secretary
of State, with the accompanying correspondence, which has taken place
between the Secretary of State and the minister of the United States at
London and between the Government of the United States and that of
England on the "subject of Oregon" since my communication of the
2d of December last was made to Congress.

JAMES K. POLK.

WASHINGTON, February 7, 184.6.
To the House of Representatives of the United States:

In compliance with the request of the House of Representatives in
their resolution of the 3d instant, I herewith communicate a report from
the Secretary of State, with the accompanying ' ' correspondence, which
has taken place ' ' between the Secretary of State and the minister of the
United States at London and ' ' between the Government of Great Britain
and this Government in relation to the country west of the Rocky Moun-
tains since the last annual message of the President " to Congress.

JAMKS K. POLK.

James K. Polk 2273

WASHINGTON, February p, 184.6.
To the House of Representatives of the United States:

I communicate herewith, in answer to the resolution of the House
of Representatives of the igth of December last, the report of the Sec-
retary of State inclosing ' ' copies of correspondence between this Gov-
ernment and Great Britain within the last two years in relation to the
Washington treaty, and particularly in relation to the free navigation of
the river St. John, and in relation to the disputed- territory fund named
in said treaty;" and also the accompanying copies of documents filed in
the Department of State, which embrace the correspondence and infor-
mation called for by the said resolution. TAMES K POLK

WASHINGTON, February 9, 184.6.
To the Senate of the United States:

In compliance with the request of the Senate, in their resolution of the
5th instant, I herewith return "the resolution of the Senate advising and
consenting to the appointment of F. G. Mayson to be a second lieutenant
in the Marine Corps. ' ' As the same resolution which contains the advice
and consent of the Senate to the appointment of Mr. Mayson contains
also the advice and consent of that body to the appointment of several
other persons to other offices, to whom commissions have been since
issued, I respectfully request that the resolution, so far as it relates to
the persons other than Mr. Mayson, may be returned to me.

JAMES K, POLK.

WASHINGTON, February 12, 184.6.
To the Senate of the United States:

I transmit herewith, for the consideration and advice of the Senate with
regard to its ratification, a treaty concluded on the i4th day of January
last by Thomas H. Harvey and Richard W. Cummins, commissioners on
the part of the United States, and the chiefs and headmen of the Kansas
tribe of Indians, together with a report of the Commissioner of Indian
Affairs and other papers explanatory of the same.

JAMES K. POLK.

WASHINGTON, February 16, 184.6.
To the Senate and House of Representatives:

I herewith transmit a communication from the Attorney-General relat-
ing to a contract entered into by him with Messrs. Little & Brown for cer-
tain copies of their proposed edition of the laws and treaties of the United
Slates, in pursuance of the joint resolution of the ^d March, 1845.

JAMKS K. POLK.

2274 Messages and Papers of the Presidents

WASHINGTON, February i6t 184.0.
To the Senate of the United States:

I herewith transmit a report from the Secretary of the Navy, commii"
nicating the correspondence called for by the resolution of the Senate of
the 25th of February, 1845, between the commander of the East India
Squadrons and foreign powers or United States agents abroad during
the years 1842 and 1843, relating to the trade and other interests of this
Government. JAMES R pQLK

WASHINGTON, February 18, 184.6.
To the House of Representatives of the United States:

In compliance with the request of the House of Representatives in
their resolution of the i2th instant, asking for information relative to
the Mexican indemnity, I communicate herewith a report from the Sec-
retary of State, with the paper accompanying it.

JAMES K. POLK.

[A similar message was sent to the Senate in compliance with a request
of that body.]

WASHINGTON, March 23, 184.6.
To the Senate and House of Representatives of the United States:

I transmit, for your consideration, a correspondence between the minis-
ter of Her Britannic Majesty in Washington and the Secretary of State,
containing an arrangement for the adjustment and payment of the claims
of the respective Governments upon each other arising from the collec-
tion of certain import duties in violation of the second article of the
commercial convention of 3d of July, 1815, between the two countries,
and I respectfully submit to Congress the propriety of making provision
to carry this arrangement into effect.

The second article of this convention provides that ' ' no higher or other
duties shall be imposed on the importation into the United States of any
articles the growth, produce, or manufacture of His Britannic Majesty's
territories in Europe, and no higher or other duties shall be imposed on
the importation into the territories of His Britannic Majesty in Europe of
any articles the growth, produce, or manufacture of the United States,
than are or shall be payable on the like articles being the growth, produce,
or manufacture of any other foreign country."

Previous to the act of Parliament of the i3th of August, 1836, the duty
on foreign rough rice imported into Great Britain was 2s. 6d. sterling per
bushel. By this act the duty was reduced to i penny per quarter (of 8
bushels) on the rough rice ' ' imported from the west coast of Africa. ' '

Upon the earnest and repeated remonstrances of our ministers at Lon-
don in opposition to this discrimination against American and in favor
of African rice, as a violation of the subsisting convention, Parliament,

James K. Polk 2275

by the act of gth July, 1842, again equalized the duty on all foreign
rough rice by fixing it at 73. per quarter. In the intervening period,
however, of nearly six years large importations had been made into Great
Britain of American rough rice, which was subjected to a duty of 2S. 6d.
per bushel; but the importers, knowing their rights under the conven-
tion, claimed that it should be admitted at the rate of i penny per quar-
ter, the duty imposed on African rice. This claim was resisted by the
British Government, and the excess of duty was paid, at the first under
protest, and afterwards, in consequence of an arrangement with the board
of customs, by the deposit of exchequer bills.

It seems to have been a clear violation both of the letter and spirit of
the convention to admit rough rice "the growth" of Africa at i penny
per quarter, whilst the very same article ' ' the growth ' ' of the United
States was charged with a duty of 2s. 6d. per bushel.

The claim of Great Britain, under the same article of the convention, is
founded on the tariff act of 3oth August, 1842. Its twenty-fifth section
provides ' ' that nothing in this act contained shall apply to goods shipped
in a vessel bound to any port of the United States, actually having left
her last port of lading eastward of the Cape of Good Hope or beyond
Cape Horn prior to the ist day of September, 1842; and all legal provi-
sions and regulations existing immediately before the 3Oth day of June,
1842, shall be applied to importations which may be made in vessels
which have left such last port of lading eastward of the Cape of Good
Hope or beyond Cape Horn prior to said ist day of September, 1842."

The British Government contends that it was a violation of the sec-
ond article of the convention for this act to require that "articles the
growth, produce, or manufacture" of Great Britain, when imported into
the United States in vessels which had left their last port of lading in
Great Britain prior to the ist day of September, 1842, should pay any
"higher or other duties" than were imposed on "like articles" "the
growth, produce, or manufacture ' ' of countries beyond the Cape of Good
Hope and Cape Horn.

Upon a careful consideration of the subject I arrived at the conclusion
that this claim on the part of the British Government was well founded.
I deem it unnecessary to state my reasons at length for adopting this
opinion, the whole subject being fully explained in the letter of the Sec-
retary of the Treasury and the accompanying papers.

The amount necessary to satisfy the British claim can not at present
be ascertained with any degree of accuracy, no individual having yet
presented his case to the Government of the United States. It is not
apprehended that the amount will be large. After such examination
of the subject as it has been in his power to make, the Secretary of the
Treasury believes that it will not exceed $100,000.

On the other hand, the claims of the importers of rough rice into Great
Britain have been already ascertained, as the duties were paid either

2276 Messages and Papers of the Presidents

under protest or in exchequer bills. Their amount is stated by Mr.
Everett, our late minister at London, in a dispatch dated June I, 1843,
to be ,£88,886 i6s. rod. sterling, of which ,£60,006 4d. belong to citizens
of the United States.

As it may be long before the amount of the British claim can be
ascertained, and it would be unreasonable to postpone payment to the
American claimants until this can be adjusted, it has been proposed to
the British Government immediately to refund the excess of duties col-
lected by it on American rough rice. I should entertain a confident
hope that this proposal would be accepted should the arrangement con-
cluded be sanctioned by an act of Congress making provision for the
return of the duties in question. The claimants might then be paid as
they present their demands, properly authenticated, to the Secretary of
the Treasury. JAMES

WASHINGTON, March .?/, 184.6.
To the Senate of the United States:

In answer to the inquiry of the Senate contained in their resolution of
the lyth instant, whether in my "judgment any circumstances connected
with or growing out of the foreign relations of this country require at
this time an increase of our naval or military force," and, if so, "what
those circumstances are," I have to express the opinion that a wise pre-
caution demands such increase.

In my annual message of the 2d of December last I recommended to
the favorable consideration of Congress an increase of our naval force,
especially of our steam navy, and the raising of an adequate military
force to guard and protect such of our citizens as might think proper to
emigrate to Oregon. Since that period I have seen no cause to recall or
modify these recommendations. On the contrary, reasons exist which,
in my judgment, render it proper not only that they should be promptly .
carried into effect, but that additional provision should be made for the
public defense.

The consideration of such additional provision was brought before ap-
propriate committees of the two Houses of Congress, in answer to calls
.made by them, in reports prepared, with my sanction, by the Secretary of
War and the Secretary of the Navy on the 29th of December and the 8th
of January last — a mode of communication with Congress not unusual, and
under existing circumstances believed to be most eligible. Subsequent
events have confirmed me in the opinion that these recommendations
were proper as precautionary measures.

It was a wise maxim of the Father of his Country that " to be prepared
for war is one of the most efficient means of preserving peace," and
that, " avoiding occasions of expense by cultivating peace," we should
"remember also that timely disbursements to prepare for danger fre-

James K. Polk 2277

quently prevent much greater disbursements to repel it." The general
obligation to perform this duty is greatly strengthened by facts known
to the whole world. A controversy respecting the Oregon Territory now
exists between the United States and Great Britain, and while, as far as
we know, the relations of the latter with all European nations are of the
most pacific character, she is making unusual and extraordinary arma-
ments and warlike preparations, naval and military, both at home and in
her North American possessions.

It can not be disguised that, however sincere may be the desire of
peace, in the event of a rupture these armaments and preparations would
be used against our country. Whatever may have been the original
purpose of these preparations, the fact is undoubted that they are now
proceeding, in part at least, with a view to the contingent possibility of
a war with the United States. The general policy of making additional
warlike preparations was distinctly announced in the speech from the
throne as late as January last, and has since been reiterated by the min-
isters of the Crown in both houses of Parliament. Under this aspect of
our relations with Great Britain, I can not doubt the propriety of increas-
ing our means of defense both by land and sea. This can give Great
Britain no cause of offense nor increase the danger of a rupture. If, on
the contrary, we should fold our arms in security and at last be suddenly
involved in hostilities for the maintenance of our just rights without
any adequate preparation, our responsibility to the country would be of
the gravest character. Should collision between the two countries be
avoided, as I sincerely trust it may be, the additional charge upon the
Treasury in making the necessary preparations will not be lost, while in
the event of such a collision they would be indispensable for the main-
tenance of our national rights and national honor.

I have seen no reason to change or modify the recommendations of my
annual message in regard to the Oregon question. The notice to abro-
gate the treaty of the 6th of August, 1827, is authorized by the treaty
itself and can not be regarded as a warlike measure, and I can not with-
hold my strong conviction that it should be promptly given. The other
recommendations are in conformity with the existing treaty, and would
afford to American citizens in Oregon no more than the same measure
of protection which has long since been extended to British subjects in
that Territory.

The state of our relations with Mexico is still in an unsettled condi-
tion. Since the meeting of Congress another revolution has taken place
in that country, by which the Government has passed into the hands of
ne\v rulers. This event has procrastinated, and may possibly defeat, the
settlement of the differences between the United States and that roun-
tiy. The minister of the United States to Mexico at the date of the last
advices had not been received by the existing: authorities. Demonstra-
tions of a character hostile to the United States continue to be made in

2278 Messages and Papers of the Presidents

Mexico, which has rendered it proper, in my judgment, to keep nearly
two-thirds of our Army on our southwestern frontier. In doing this
many of the regular military posts have been reduced to a small force
inadequate to their defense should an emergency arise.

In view of these "circumstances," it is my "judgment " that "an in-
crease of our naval and military force is at this time required ' ' to place
the country in a suitable state of defense. At the same time, it is my
settled purpose to pursue such a course of policy as may be best cal-
culated to preserve both with Great Britain and Mexico an honorable
peace, which nothing will so effectually promote as unanimity in our
councils and a firm maintenance of all our just rights.

JAMES K. POLK.

WASHINGTON, April i, 184.6.
To the House of Representatives of the United States:

I transmit herewith a letter received from the governor of the State
of Ohio in answer to a communication addressed to him in compliance
with a resolution of the House of Representatives of January 30, 1846,
' 'requesting the President of the United States to apply to the governor
of the State of Ohio for information in regard to the present condition of
the Columbus and Sandusky turnpike road; whether the said road is
kept in such a state of repair as will enable the Federal Government to
realize in case of need the advantages contemplated by the act of Con-
gress approved March 3, 1827." JAMES

WASHINGTON, April i, 184.6.
To the Senate of the United States:

In compliance with the request of a delegation of the Tonawanda band
of the Seneca Indians now in this city, I herewith transmit, for your
consideration, a memorial addressed to the President and the Senate in
relation to the treaty of January 15, 1838, with the "Six Nations of
New York Indians," and that of May 20, 1842, with the "Seneca Nation

oflndians'" J AMES K. POLK.

WASHINGTON, April j, 184.6.
To the Senate of the United States:

I transmit herewith a report from the Acting Secretary of State, with
accompanying papers, in answer to the resolution of the Senate of the
23d ultimo, requesting the President to communicate to that body, "if
not incompatible with public interests, any correspondence which took
place between the Government of the United States and that of Great
Britain on the subject of the northeastern boundary between the 2Oth of
Tune, 1840, and the 4th of March, 1841."

JAMES K. POLK.

James K. Polk 2279

WASHINGTON, April 13, 1846.
To the Senate of the United States:

In answer to the resolution of the Senate of the nth instant, calling
for ' 'copies of any correspondence that may have taken place between the
authorities of the United States and those of Great Britain since the last
documents transmitted to Congress in relation to the subject of the Ore-
gon Territory, or so much thereof as may be communicated without det-
riment to the public interest," I have to state that no correspondence
in relation to the Oregon Territory has taken place between the authori-
ties of the United States and those of Great Britain since the date of
the last documents on the subject transmitted by me to Congress.

JAMES K. FOUL

WASHINGTON, April 13, 184.6.
To the Senate and House of Representatives:

In my annual message of the 2d of December last it was stated that
serious difficulties of long standing continued to distract the several par-
ties into which the Cherokee tribe of Indians is unhappily divided; that
all the efforts of the Government to adjust these difficulties had proved to
be unsuccessful, and would probably remain so without the aid of further
legislation by Congress. Subsequent events have confirmed this opinion.

I communicate herewith, for the information of Congress, a report of the
Secretary of War, transmitting a report of the Commissioner of Indian
Affairs, with accompanying documents, together with memorials which
have been received from the several bands or parties of the Cherokees
themselves. It will be perceived that internal feuds still exist which call
for the prompt intervention of the Government of the United States.

Since the meeting of Congress several unprovoked murders have been
committed by the stronger upon the weaker party of the tribe, which
will probably remain unpunished by the Indian authorities; and there is
reason to apprehend that similar outrages will continue to be perpetrated
unless restrained by the authorities of the United States.

Many of the weaker party have been compelled to seek refuge beyond
the limits of the Indian country and within the State of Arkansas, and
are destitute of the means for their daily subsistence. The military forces
of the United States stationed on the western frontier have been active
in their exertions to suppress these outrages and to execute the treaty
of 1835, by which it is stipulated that "the United States agree to pro-
tect the Cherokee Nation from domestic strife and foreign enemies, and
against intestine wars between the several tribes. ' '

These exertions of the Army have proved to a great extent unavailing,
for the reasons stated in the accompanying documents, including' commu-
nications from the officer commanding at Fort Gibson.

I submit, for the consideration of Congress, the propriety of making

2280 Messages and Papers of the Presidents

such amendments of the laws regulating intercourse with the Indian tribes
as will subject to trial and punishment in the courts of the United States
all Indians guilty of murder and such other felonies as may be desig-
nated, when committed on other Indians within the jurisdiction of the
United States.

Such a modification of the existing laws is suggested ' because if 01-
fenders against the laws of humanity in the Indian country are left to
be punished by Indian laws they will generally, if not always, be per-
mitted to escape with impunity. This has been the case in repeated
instances among the Cherokees. For years unprovoked murders have
been committed, and yet no effort has been made to bring the offenders
to punishment. Should this state of things continue, it is not difficult to
foresee that the weaker party will be finally destroyed. As the guardian
of the Indian tribes, the Government of the United States is bound by
every consideration of duty and humanity to interpose to prevent such a
disaster.

From the examination which I have made into the actual state of
things in the Cherokee Nation I am satisfied that there is no probability
that the different bands or parties into which it is divided can ever again
live together in peace and harmony, and that the well-being of the whole
requires that they should be separated and live under separate govern-
ments as distinct tribes.

That portion who emigrated to the west of the Mississippi prior to the
year 1819, commonly called the "Old Settlers," and that portion who
made the treaty of 1835, known as the "treaty party," it is believed
would willingly unite, and could live together in harmony. The num-
ber of these, as nearlv as can be estimated, is about one-third of the tribe.
The whole number £i all the bands or parties does not probably exceed
20,000. The country which they occupy embraces. 7,000,000 acres of
land, with the privilege of an outlet to the western limits of the United
States. This country is susceptible of division, and is large enough
for all.

I submit to Congress the propriety of either dividing the country which
they at present occupy or of providing by law a new home for the one
or the other of the bands or parties now in hostile array against each
other, as the most effectual, if not the only, means of preserving the
weaker party from massacre and total extermination. Should Congress
favor the division of the country as suggested, and the separation of the
Cherokees into two distinct tribes, justice will require that the annuities
and funds belonging to the whole, now held in trust for them by the
United States, should be equitably distributed among the parties, accord-
ing to their respective claims and numbers.

There is still a small number of the Cherokee tribe remaining within
the State of North Carolina, who, according to the stipulations of the
treaty of 1835, should have emigrated with their brethren to the west of

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