I congratulate you on the favorable circumstances in the condition of our country under which you reassemble for the performance of your official duties. Though the anticipations of an abundant harvest have not everywhere been realized, yet on the whole the labors of the husbandman are rewarded with a bountiful return; industry prospers in its various channels of business and enterprise; general health again prevails through our vast diversity of climate; nothing threatens from abroad the continuance of external peace; nor has anything at home impaired the strength of those fraternal and domestic ties which constitute the only guaranty to the success and permanency of our happy Union, and which, formed in the hour of peril, have hitherto been honorably sustained through every vicissitude in our national affairs. These blessings, which evince the care and beneficence of Providence, call for our devout and fervent gratitude. We have not less reason to be grateful for other bounties bestowed by the same munificent hand, and more exclusively our own. The present year closes the first half century of our Federal institutions, and our system, differing from all others in the acknowledged practical and unlimited operation which it has for so long a period given to the sovereignty of the people, has now been fully tested by experience. The Constitution devised by our forefathers as the framework and bond of that system, then untried, has become a settled form of government; not only preserving and protecting the great principles upon which it was rounded, but wonderfully promoting individual happiness and private interests. Though subject to change and entire revocation whenever deemed inadequate to all these purposes, yet such is the wisdom of its construction and so stable has been the public sentiment that it remains unaltered except in matters of detail comparatively unimportant. It has proved amply sufficient for the various emergencies incident to our condition as a nation. A formidable foreign war; agitating collisions between domestic, and in some respects rival, sovereignties; temptations to interfere in the intestine commotions of neighboring countries; the dangerous influences that arise in periods of excessive prosperity, and the antirepublican tendencies of associated wealth--these, with other trials not less formidable, have all been encountered, and thus far successfully resisted. It was reserved for the American Union to test the advantages of a government entirely dependent on the continual exercise of the popular will, and our experience has shown that it is as beneficent in practice as it is just in theory. Each successive change made in our local institutions has contributed to extend the right of suffrage, has increased the direct influence of the mass of the community, given greater freedom to individual exertion, and restricted more and more the powers of Government; yet the intelligence, prudence, and patriotism of the people have kept pace with this augmented responsibility. In no country has education been so widely diffused. Domestic peace has nowhere so largely reigned. The close bonds of social intercourse have in no instance prevailed with such harmony over a space so vast. All forms of religion have united for the first time to diffuse charity and piety, because for the first time in the history of nations all have been totally untrammeled and absolutely free. The deepest recesses of the wilderness have been penetrated; yet instead of the rudeness in the social condition consequent upon such adventures elsewhere, numerous communities have sprung up, already unrivaled in prosperity, general intelligence, internal tranquillity, and the wisdom of their political institutions. Internal improvement, the fruit of individual enterprise, fostered by the protection of the States, has added new links to the Confederation and fresh rewards to provident industry. Doubtful questions of domestic policy have been quietly settled by mutual forbearance, and agriculture, commerce, and manufactures minister to each other. Taxation and public debt, the burdens which bear so heavily upon all other countries, have pressed with comparative lightness upon us. Without one entangling alliance, our friendship is prized by every nation, and the rights of our citizens are everywhere respected, because they are known to be guarded by a united, sensitive, and watchful people. To this practical operation of our institutions, so evident and successful, we owe that increased attachment to them which is among the most cheering exhibitions of popular sentiment and will prove their best security in time to come against foreign or domestic assault. This review of the results of our institutions for half a century, without exciting a spirit of vain exultation, should serve to impress upon us the great principles from which they have sprung--constant and direct supervision by the people over every public measure. strict forbearance on the part of the Government from exercising any doubtful or disputed powers, and a cautious abstinence from all interference with concerns which properly belong and are best left to State regulations and individual enterprise. Full information of the state of our foreign affairs having been recently on different occasions submitted to Congress, I deem it necessary now to bring to your notice only such events as have subsequently occurred or are of such importance as to require particular attention. The most amicable dispositions continue to be exhibited by all the nations with whom the Government and citizens of the United States have an habitual intercourse. At the date of my last annual message Mexico was the only nation which could not be included in so gratifying a reference to our foreign relations. I am happy to be now able to inform you that an advance has been made toward the adjustment of our differences with that Republic and the restoration of the customary good feeling between the two nations. This important change has been effected by conciliatory negotiations that have resulted in the conclusion of a treaty between the two Governments, which, when ratified, will refer to the arbitrament of a friendly power all the subjects of controversy between us growing out of injuries to individuals. There is at present also reason to believe that an equitable settlement of all disputed points will be attained without further difficulty or unnecessary delay, and thus authorize the free resumption of diplomatic intercourse with our sister Republic. With respect to the northeastern boundary of the United States, no official correspondence between this Government and that of Great Britain has passed since that communicated to Congress toward the close of their last session. The offer to negotiate a convention for the appointment of a joint commission of survey and exploration I am, however, assured will be met by Her Majesty's Government in a conciliatory and friendly spirit, and instructions to enable the British minister here to conclude such an arrangement will be transmitted to him without needless delay. It is hoped and expected that these instructions will be of a liberal character, and that this negotiation, if successful, will prove to be an important step toward the satisfactory and final adjustment of the controversy. I had hoped that the respect for the laws and regard for the peace and honor of their own country which have ever characterized the citizens of the United States would have prevented any portion of them from using any means to promote insurrection in the territory of a power with which we are at peace, and with which the United States are desirous of maintaining the most friendly relations. I regret deeply, however, to be obliged to inform you that this has not been the case. Information has been given to me, derived from official and other sources, that many citizens of the United States have associated together to make hostile incursions from our territory into Canada and to aid and abet insurrection there, in violation of the obligations and laws of the United States and in open disregard of their own duties as citizens. This information has been in part confirmed by a hostile invasion actually made by citizens of the United States, in conjunction with Canadians and others, and accompanied by a forcible seizure of the property of our citizens and an application thereof to the prosecution of military operations against the authorities and people of Canada. The results of these criminal assaults upon the peace and order of a neighboring country have been, as was to be expected, fatally destructive to the misguided or deluded persons engaged in them and highly injurious to those in whose behalf they are professed to have been undertaken. The authorities in Canada, from intelligence received of such intended movements among our citizens, have felt themselves obliged to take precautionary measures against them; have actually embodied the militia and assumed an attitude to repel the invasion to which they believed the colonies were exposed from the United States. A state of feeling on both sides of the frontier has thus been produced which called for prompt and vigorous interference. If an insurrection existed in Canada, the amicable dispositions of the United States toward Great Britain, as well as their duty to themselves, would lead them to maintain a strict neutrality and to restrain their citizens from all violations of the laws which have been passed for its enforcement. But this Government recognizes a still higher obligation to repress all attempts on the part of its citizens to disturb the peace of a country where order prevails or has been reestablished. Depredations by our citizens upon nations at peace with the United States, or combinations for committing them, have at all times been regarded by the American Government and people with the greatest abhorrence. Military incursions by our citizens into countries so situated, and the commission of acts of violence on the members thereof, in order to effect a change in their government, or under any pretext whatever, have from the commencement of our Government been held equally criminal on the part of those engaged in them, and as much deserving of punishment as would be the disturbance of the public peace by the perpetration of similar acts within our own territory. By no country or persons have these invaluable principles of international law--principles the strict observance of which is so indispensable to the preservation of social order in the world--been more earnestly cherished or sacredly respected than by those great and good men who first declared and finally established the independence of our own country. They promulgated and maintained them at an early and critical period in our history; they were subsequently embodied in legislative enactments of a highly penal character, the faithful enforcement of which has hitherto been, and will, I trust, always continue to be, regarded as a duty inseparably associated with the maintenance of our national honor. That the people of the United States should feel an interest in the spread of political institutions as free as they regard their own to be is natural, nor can a sincere solicitude for the success of all those who are at any time in good faith struggling for their acquisition be imputed to our citizens as a crime. With the entire freedom of opinion and an undisguised expression thereof on their part the Government has neither the right nor, I trust, the disposition to interfere. But whether the interest or the honor of the United States requires that they should be made a party to any such struggle, and by inevitable consequence to the war which is waged in its support, is a question which by our Constitution is wisely left to Congress alone to decide. It is by the laws already made criminal in our citizens to embarrass or anticipate that decision by unauthorized military operations on their part. Offenses of this character, in addition to their criminality as violations of the laws of our country, have a direct tendency to draw down upon our own citizens at large the multiplied evils of a foreign war and expose to injurious imputations the good faith and honor of the country. As such they deserve to be put down with promptitude and decision. I can not be mistaken, I am confident, in counting on the cordial and general concurrence of our fellow-citizens in this sentiment. A copy of the proclamation which I have felt it my duty to issue is herewith communicated. I can not but hope that the good sense and patriotism, the regard for the honor and reputation of their country, the respect for the laws which they have themselves enacted for their own government, and the love of order for which the mass of our people have been so long and so justly distinguished will deter the comparatively few who are engaged in them from a further prosecution of such desperate enterprises. In the meantime the existing laws have been and will continue to be faithfully executed, and every effort will be made to carry them out in their full extent. Whether they are sufficient or not to meet the actual state of things on the Canadian frontier it is for Congress to decide. It will appear from the correspondence herewith submitted that the Government of Russia declines a renewal of the fourth article of the convention of April, 1824, between the United States and His Imperial Majesty, by the third article of which it is agreed that "hereafter there shall not be formed by the citizens of the United States or under the authority of the said States any establishment upon the northwest coast of America, nor in any of the islands adjacent, to the north of 54° 40' of north latitude, and that in the same manner there shall be none formed by Russian subjects or under the authority of Russia south of the same parallel;" and by the fourth article, "that during a term of ten years, counting from the signature of the present convention, the ships of both powers, or which belong to their citizens or subjects, respectively, may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harbors, and creeks upon the coast mentioned in the preceding article, for the purpose of fishing and trading with the natives of the country." The reasons assigned for declining to renew the provisions of this article are, briefly, that the only use made by our citizens of the privileges it secures to them has been to supply the Indians with spirituous liquors, ammunition, and firearms; that this traffic has been excluded from the Russian trade; and as the supplies furnished from the United States are injurious to the Russian establishments on the northwest coast and calculated to produce complaints between the two Governments, His Imperial Majesty thinks it for the interest of both countries not to accede to the proposition made by the American Government for the renewal of the article last referred to. The correspondence herewith communicated will show the grounds upon which we contend that the citizens of the United States have, independent of the provisions of the convention of 1824, a right to trade with the natives upon the coast in question at unoccupied places, liable, however, it is admitted, to be at any time extinguished by the creation of Russian establishments at such points. This right is denied by the Russian Government, which asserts that by the operation of the treaty of 1824 each party agreed to waive the general right to land on the vacant coasts on the respective sides of the degree of latitude referred to, and accepted in lieu thereof the mutual privileges mentioned in the fourth article. The capital and tonnage employed by our citizens in their trade with the northwest coast of America will, perhaps, on adverting to the official statements of the commerce and navigation of the United States for the last few years, be deemed too inconsiderable in amount to attract much attention; yet the subject may in other respects deserve the careful consideration of Congress. I regret to state that the blockade of the principal ports on the eastern coast of Mexico, which, in consequence of differences between that Republic and France, was instituted in May last, unfortunately still continues, enforced by a competent French naval armament, and is necessarily embarrassing to our own trade in the Gulf, in common with that of other nations. Every disposition, however, is believed to exist on the part of the French Government to render this measure as little onerous as practicable to the interests of the citizens of the United States and to those of neutral commerce, and it is to be hoped that an early settlement of the difficulties between France and Mexico will soon reestablish the harmonious relations formerly subsisting between them and again open the ports of that Republic to the vessels of all friendly nations. A convention for marking that part of the boundary between the United States and the Republic of Texas which extends from the mouth of the Sabine to the Red River was concluded and signed at this city on the 25th of April last. It has since been ratified by both Governments, and seasonable measures will be taken to carry it into effect on the part of the United States. The application of that Republic for admission into this Union, made in August, 1837, and which was declined for reasons already made known to you, has been formally withdrawn, as will appear from the accompanying copy of the note of the minister plenipotentiary of Texas, which was presented to the Secretary of State on the occasion of the exchange of the ratifications of the convention above mentioned. Copies of the convention with Texas, of a commercial treaty concluded with the King of Greece, and of a similar treaty with the Peru-Bolivian Confederation, the ratifications of which have been recently exchanged, accompany this message, for the information of Congress and for such legislative enactments as may be found necessary or expedient in relation to either of them. To watch over and foster the interests of a gradually increasing and widely extended commerce, to guard the rights of American citizens whom business or pleasure or other motives may tempt into distant climes, and at the same time to cultivate those sentiments of mutual respect and good will which experience has proved so beneficial in international intercourse, the Government of the United States has deemed it expedient from time to time to establish diplomatic connections with-different foreign states, by the appointment of representatives. to reside within their respective territories. I am gratified to be enabled to announce to you that since the close of your last session these relations have been opened under the happiest auspices with Austria and the Two Sicilies, that new nominations have been made in the respective missions of Russia, Brazil, Belgium, and Sweden and Norway in this country, and that a minister extraordinary has been received, accredited to this Government, from the Argentine Confederation. An exposition of the fiscal affairs of the Government and of their condition for the past year will be made to you by the Secretary of the Treasury. The available balance in the Treasury on the 1st of January next is estimated at $2,765,342. The receipts of the year from customs and lands will probably amount to $20,615,598. These usual sources of revenue have been increased by an issue of Treasury notes, of which less than $8,000,000, including interest and principal, will be outstanding at the end of the year, and by the sale of one of the bonds of the Bank of the United States for $2,254,871. The aggregate of means from these and other sources, with the balance on hand on the 1st of January last, has been applied to the payment of appropriations by Congress. The whole expenditure for the year on their account, including the redemption of more than eight millions of Treasury notes, constitutes an aggregate of about $40,000,000, and will still leave in the Treasury the balance before stated. Nearly $8,000,000 of Treasury notes are to be paid during the coming year in addition to the ordinary appropriations for the support of Government. For both these purposes the resources of the Treasury will undoubtedly be sufficient if the charges upon it are not increased beyond the annual estimates. No excess, however, is likely to exist. Nor can the postponed installment of the surplus revenue be deposited with the States nor any considerable appropriations beyond the estimates be made without causing a deficiency in the Treasury. The great caution, advisable at all times, of limiting appropriations to the wants of the public service is rendered necessary at present by the prospective and rapid reduction of the tariff, while the vigilant jealousy evidently excited among the people by the occurrences of the last few years assures us that they expect from their representatives, and will sustain them in the exercise of, the most rigid economy. Much can be effected by postponing appropriations not immediately required for the ordinary public service or for any pressing emergency, and much by reducing the expenditures where the entire and immediate accomplishment of the objects in view is not indispensable. When we call to mind the recent and extreme embarrassments produced by excessive issues of bank paper, aggravated by the unforeseen withdrawal of much foreign capital and the inevitable derangement arising from the distribution of the surplus revenue among the States as required by Congress, and consider the heavy expenses incurred by the removal of Indian tribes, by the military operations in Florida, and on account of the unusually large appropriations made at the last two annual sessions of Congress for other objects, we have striking evidence in the present efficient state of our finances of the abundant resources of the country to fulfill all its obligations. Nor is it less gratifying to find that the general business of the community, deeply affected as it has been, is reviving with additional vigor, chastened by the lessons of the past and animated by the hopes of the future. By the curtailment of paper issues, by curbing the sanguine and adventurous spirit of speculation, and by the honorable application of all available means to the fulfillment of obligations, confidence has been restored both at home and abroad, and ease and facility secured to all the operations of trade. The agency of the Government in producing these results has been as efficient as its powers and means permitted. By withholding from the States the deposit of the fourth installment, and leaving several millions at long credits with the banks, principally in one section of the country, and more immediately beneficial to it, and at the same time aiding the banks and commercial communities in other sections by postponing the payment of bonds for duties to the amount of between four and five millions of dollars; by an issue of Treasury notes as a means to enable the Government to meet the consequences of their indulgences, but affording at the same time facilities for remittance and exchange; and by steadily declining to employ as general depositories of the public revenues, or receive the notes of, all banks which refused to redeem them with specie--by these measures, aided by the favorable action of some of the banks and by the support and cooperation of a large portion of the community, we have witnessed an early resumption of specie payments in our great commercial capital, promptly followed in almost every part of the United States. This result has been alike salutary to the true interests of agriculture, commerce, and manufactures; to public morals, respect for the laws, and that confidence between man and man which is so essential in all our social relations. The contrast between the suspension of 1814 and that of 1837 is most striking. The short duration of the latter, the prompt restoration of business, the evident benefits resulting from an adherence by the Government to the constitutional standard of value instead of sanctioning the suspension by the receipt of irredeemable paper, and the advantages derived from the large amount of specie introduced into the country previous to 1837 afford a valuable illustration of the true policy of the Government in such a crisis. Nor can the comparison fail to remove the impression that a national bank is necessary in such emergencies. Not only were specie payments resumed without its aid, but exchanges have also been more rapidly restored than when it existed, thereby showing that private capital, enterprise, and prudence are fully adequate to these ends. On all these points experience seems to have confirmed the views heretofore submitted to Congress. We have been saved the mortification of seeing the distresses of the community for the third time seized on to fasten upon the country so dangerous an institution, and we may also hope that the business of individuals will hereafter be relieved from the injurious effects of a continued agitation of that disturbing subject. The limited influence of a national bank in averting derangement in the exchanges of the country or in compelling the resumption of specie payments is now not less apparent than its tendency to increase inordinate speculation by sudden expansions and contractions; its disposition to create panic and embarrassment for the promotion of its own designs; its interference with politics, and its far greater power for evil than for good, either in regard to the local institutions or the operations of Government itself. What was in these respects but apprehension or opinion when a national bank was first established now stands confirmed by humiliating experience. The scenes through which we have passed conclusively prove how little our commerce, agriculture, manufactures, or finances require such an institution, and what dangers are attendant on its power--a power, I trust, never to be conferred by the American people upon their Government, and still less upon individuals not responsible to them for its unavoidable abuses. My conviction of the necessity of further legislative provisions for the safe-keeping and disbursement of the public moneys and my opinion in regard to the measures best adapted to the accomplishment of those objects have been already submitted to you. These have been strengthened by recent events, and in the full conviction that time and experience must still further demonstrate their propriety I feel it my duty, with respectful deference to the conflicting views of others, again to invite your attention to them. With the exception of limited sums deposited in the few banks still employed under the act of 1836, the amounts received for duties, and, with very inconsiderable exceptions, those accruing from lands also, have since the general suspension of specie payments by the deposit banks been kept and disbursed by the Treasurer under his general legal powers, subject to the superintendence of the Secretary of the Treasury. The propriety of defining more specifically and of regulating by law the exercise of this wide scope of Executive discretion has been already submitted to Congress. A change in the office of collector at one of our principal ports has brought to light a defalcation of the gravest character, the particulars of which will be laid before you in a special report from the Secretary of the Treasury. By his report and the accompanying documents it will be seen that the weekly returns of the defaulting officer apparently exhibited throughout a faithful administration of the affairs intrusted to his management. It, however, now appears that he commenced abstracting the public moneys shortly after his appointment and continued to do so, progressively increasing the amount, for the term of more than seven years, embracing a portion of the period during which the public moneys were deposited in the Bank of the United States, the whole of that of the State bank deposit system, and concluding only on his retirement from office, after that system had substantially failed in consequence of the suspension of specie payments. The way in which this defalcation was so long concealed and the steps taken to indemnify the United States, as far as practicable, against loss will also be presented to you. The ease is one which imperatively claims the attention of Congress and furnishes the strongest motive for the establishment of a more severe and secure system for the safe-keeping -and disbursement of the public moneys than any that has heretofore existed. It seems proper, at all events, that by an early enactment similar to that of other countries the application of public money by an officer of Government to private uses should be made a felony and visited with severe and ignominious punishment. This is already in effect the law in respect to the Mint, and has been productive of the most salutary results. Whatever system is adopted, such an enactment would be wise as an independent measure, since much of the public moneys must in their collection and ultimate disbursement pass twice through the hands of public officers, in whatever manner they are intermediately kept. The Government, it must be admitted, has been from its commencement comparatively fortunate in this respect. But the appointing power can not always be well advised in its selections, and the experience of every country has shown that public officers are not at all times proof against temptation. It is a duty, therefore, which the Government owes, as well to the interests committed to its care as to the officers themselves, to provide every guard against transgressions of this character that is consistent with reason and humanity. Congress can not be too jealous of the conduct of those who are intrusted with the public money, and I shall at all times be disposed to encourage a watchful discharge of this duty. If a more direct cooperation on the part of Congress in the supervision of the conduct of the officers intrusted with the custody and application of the public money is deemed desirable, it will give me pleasure to assist in the establishment of any judicious and constitutional plan by which that object may be accomplished. You will in your wisdom determine upon the propriety of adopting such a plan and upon the measures necessary to its effectual execution. When the late Bank of the United States was incorporated and made the depository of the public moneys, a right was reserved to Congress to inspect at its pleasure, by a committee of that body, the books and the proceedings of the bank. In one of the States, whose banking institutions are supposed to rank amongst the first in point of stability, they are subjected to constant examination by commissioners appointed for that purpose, and much of the success of its banking system is attributed to this watchful supervision. The same course has also, in view of its beneficial operation, been adopted by an adjoining State, favorably known for the care it has always bestowed upon whatever relates to its financial concerns. I submit to your consideration whether a committee of Congress might not be profitably employed in inspecting, at such intervals as might be deemed proper, the affairs and accounts of officers intrusted with the custody of the public moneys. The frequent performance of this duty might be made obligatory on the committee in respect to those officers who have large sums in their possession, and left discretionary in respect to others. They might report to the Executive such defalcations as were found to exist, with a view to a prompt removal from office unless the default was satisfactorily accounted for, and report also to Congress, at the commencement of each session, the result of their examinations and proceedings. It does appear to me that with a subjection of this class of public officers to the general supervision of the Executive, to examinations by a committee of Congress at periods of which they should have no previous notice, and to prosecution and punishment as for felony for every breach of trust, the safe-keeping of the public moneys might under the system proposed be placed on a surer foundation than it has ever occupied since the establishment of the Government. The Secretary of the Treasury will lay before you additional information containing new details on this interesting subject. To these I ask your early attention. That it should have given rise to great diversity of opinion can not be a subject of surprise. After the collection and custody of the public moneys had been for so many years connected with and made subsidiary to the advancement of private interests, a return to the simple self-denying ordinances of the Constitution could not but be difficult. But time and free discussion, eliciting the sentiments of the people, and aided by that conciliatory spirit which has ever characterized their course on great emergencies, were relied upon for a satisfactory settlement of the question. Already has this anticipation, on one important point at least--the impropriety of diverting public money to private purposes--been fully realized. There is no reason to suppose that legislation upon that branch of the subject would now be embarrassed by a difference of opinion, or fail to receive the cordial support of a large majority of our constituents. The connection which formerly existed between the Government and banks was in reality injurious to both, as well as to the general interests of the community at large. It aggravated the disasters of trade and the derangements of commercial intercourse, and administered new excitements and additional means to wild and reckless speculations, the disappointment of which threw the country into convulsions of panic, and all but produced violence and bloodshed. The imprudent expansion of bank credits, which was the natural result of the command of the revenues of the State, furnished the resources for unbounded license in every species of adventure, seduced industry from its regular and salutary occupations by the hope of abundance without labor, and deranged the social state by tempting all trades and professions into the vortex of speculation on remote contingencies. The same wide-spreading influence impeded also the resources of the Government, curtailed its useful operations, embarrassed the fulfillment of its obligations, and seriously interfered with the execution of the laws. Large appropriations and oppressive taxes are the natural consequences of such a connection, since they increase the profits of those who are allowed to use the public funds, and make it their interest that money should be accumulated and expenditures multiplied. It is thus that a concentrated money power is tempted to become an active agent in political affairs; and all past experience has shown on which side that influence will be arrayed. We deceive ourselves if we suppose that, it will ever be found asserting and supporting the rights of the community at large in opposition to the claims of the few. In a government whose distinguishing characteristic should be a diffusion and equalization of its benefits and burdens the advantage of individuals will be augmented at the expense of the community at large. Nor is it the nature of combinations for the acquisition of legislative influence to confine their interference to the single object for which they were originally formed. The temptation to extend it to other matters is, on the contrary, not unfrequently too strong to be resisted. The rightful influence in the direction of public affairs of the mass of the people is therefore in no slight danger of being sensibly and injuriously affected by giving to a comparatively small but very efficient class a direct and exclusive personal interest in so important a portion of the legislation of Congress as that which relates to the custody of the public moneys. If laws acting upon private interests can not always be avoided, they should be confined within the narrowest limits, and left wherever possible to the legislatures of the States. When not thus restricted they lead to combinations of powerful associations, foster an influence necessarily selfish, and turn the fair course of legislation to sinister ends rather than to objects that advance public liberty and promote the general good. The whole subject now rests with you, and I can not but express a hope that some definite measure will be adopted at the present session. It will not, I am sure, be deemed out of place for me here to remark that the declaration of my views in opposition to the policy of employing banks as depositories of the Government funds can not justly be construed as indicative of hostility, official or personal, to those institutions; or to repeat in this form and in connection with this subject opinions which I have uniformly entertained and on all proper occasions expressed. Though always opposed to their creation in the form of exclusive privileges, and, as a State magistrate, aiming by appropriate legislation to secure the community against the consequences of their occasional mismanagement, I have yet ever wished to see them protected in the exercise of rights conferred by law, and have never doubted their utility when properly managed in promoting the interests of trade, and through that channel the other interests of the community. To the General Government they present themselves merely as State institutions, having no necessary connection with its legislation or its administration. Like other State establishments, they may be used or not in conducting the affairs of the Government, as public policy and the general interests of the Union may seem to require. The only safe or proper principle upon which their intercourse with the Government can be regulated is that which regulates their intercourse with the private citizen--the conferring of mutual benefits. When the Government can accomplish a financial operation better with the aid of the banks than without it, it should be at liberty to seek that aid as it would the services of a private banker or other capitalist or agent, giving the preference to those who will serve it on the best terms. Nor can there ever exist an interest in the officers of the General Government, as such, inducing them to embarrass or annoy the State banks any more than to incur the hostility of any other class of State institutions or of private citizens. It is not in the nature of things that hostility to these institutions can spring from this source, or any opposition to their course of business, except when they themselves depart from the objects of their creation and attempt to usurp powers not conferred upon them or to subvert the standard of value established by the Constitution. While opposition to their regular operations can not exist in this quarter, resistance to any attempt to make the Government dependent upon them for the successful administration of public affairs is a matter of duty, as I trust it ever will be of inclination, no matter from what motive or consideration the attempt may originate. It is no more than just to the banks to say that in the late emergency most of them firmly resisted the strongest temptations to extend their paper issues when apparently sustained in a suspension of specie payments by public opinion, even though in some cases invited by legislative enactments. To this honorable course, aided by the resistance of the General Government, acting in obedience to the Constitution and laws of the United States, to the introduction of an irredeemable paper medium, may be attributed in a great degree the speedy restoration of our currency to a sound state and the business of the country to its wonted prosperity. The banks have but to continue in the same safe course and be content in their appropriate sphere to avoid all interference from the General Government and to derive from it all the protection and benefits which it bestows on other State establishments, on the people of the States, and on the States themselves. In this, their true position, they can not but secure the confidence and good will of the people and the Government, which they can only lose when, leaping from their legitimate sphere, they attempt to control the legislation of the country and pervert the operations of the Government to their own purposes. Our experience under the act, passed at the last session, to grant preemption rights to settlers on the public lands has as yet been too limited to enable us to pronounce with safety upon the efficacy of its provisions to carry out the wise and liberal policy of the Government in that respect. There is, however, the best reason to anticipate favorable results from its operation. The recommendations formerly submitted to you in respect to a graduation of the price of the public lands remain to be finally acted upon. Having found no reason to change the views then expressed, your attention to them is again respectfully requested. Every proper exertion has been made and will be continued to carry out the wishes of Congress in relation to the tobacco trade, as indicated in the several resolutions of the House of Representatives and the legislation of the two branches. A favorable impression has, I trust, been made in the different foreign countries to which particular attention has been directed; and although we can not hope for an early change in their policy, as in many of them a convenient and large revenue is derived from monopolies in the fabrication and sale of this article, yet, as these monopolies are really injurious to the people where they are established, and the revenue derived from them may be less injuriously and with equal facility obtained from another and a liberal system of administration, we can not doubt that our efforts will be eventually crowned with, success if persisted in with temperate firmness and sustained by prudent legislation. In recommending to Congress the adoption of the necessary provisions at this session for taking the next census or enumeration of the inhabitants of the United States, the suggestion presents itself whether the scope of the measure might not be usefully extended by causing it to embrace authentic statistical returns of the great interests specially intrusted to or necessarily affected by the legislation of Congress. The accompanying report of the Secretary of War presents a satisfactory account of the state of the Army and of the several branches of the public service confided to the superintendence of that officer. The law increasing and organizing the military establishment of the United States has been nearly carried into effect, and the Army has been extensively and usefully employed during the past season. I would again call to your notice the subjects connected with and essential to the military defenses of the country which were submitted to you at the last session, but which were not acted upon, as is supposed, for want of time. The most important of them is the organization of the militia on the maritime and inland frontiers. This measure is deemed important, as it is believed that it will furnish an effective volunteer force in aid of the Regular Army, and may form the basis of a general system of organization for the entire militia of the United States. The erection of a national foundry and gunpowder manufactory, and one for making small arms, the latter to be situated at some point west of the Allegany Mountains, all appear to be of sufficient importance to be again urged upon your attention. The plan proposed by the Secretary of War for the distribution of the forces of the United States in time of peace is well calculated to promote regularity and economy in the fiscal administration of the service, to preserve the discipline of the troops, and to render them available for the maintenance of the peace and tranquillity of the Country. With this view, likewise, I recommend the adoption of the plan presented by that officer for the defense of the western frontier. The preservation of the lives and property of our fellow-citizens who are settled upon that border country, as well as the existence of the Indian population, which might be tempted by our want of preparation to rush on their own destruction and attack the white settlements, all seem to require that this subject should be acted upon without delay, and the War Department authorized to place that country in a state of complete defense against any assault from the numerous and warlike tribes which are congregated on that border. It affords me sincere pleasure to be able to apprise you of the entire removal of the Cherokee Nation of Indians to their new homes west of the Mississippi. The measures authorized by Congress at its last session, with a view to the long-standing controversy with them, have had the happiest effects. By an agreement concluded with them by the commanding general in that country, who has performed the duties assigned to him on the occasion with commendable energy and humanity, their removal has been principally under the conduct of their own chiefs, and they have emigrated without any apparent reluctance. The successful accomplishment of this important object, the removal also of the entire Creek Nation with the exception of a small number of fugitives amongst the Seminoles in Florida, the progress already made toward a speedy completion of the removal of the Chickasaws, the Choctaws, the Pottawatamies, the Ottawas, and the Chippewas, with the extensive purchases of Indian lands during the present year, have rendered the speedy and successful result of the long-established policy of the Government upon the subject of Indian affairs entirely certain. The occasion is therefore deemed a proper one to place this policy in such a point of view as will exonerate the Government of the United States from the undeserved reproach which has been cast upon it through several successive Administrations. That a mixed occupancy of the same territory by the white and red man is incompatible with the safety or happiness of either is a position in respect to which there has long since ceased to be room for a difference of opinion. Reason and experience have alike demonstrated its impracticability. The bitter fruits of every attempt heretofore to overcome the barriers interposed by nature have only been destruction, both physical and moral, to the Indian, dangerous conflicts of authority between the Federal and State Governments, and detriment to the individual prosperity of the citizen as well as to the general improvement of the country. The remedial policy, the principles of which were settled more than thirty years ago under the Administration of Mr. Jefferson, consists in an extinction, for a fair consideration, of the title to all the lands still occupied by the Indians within the States and Territories of the United States; their removal to a country west of the Mississippi much more extensive and better adapted to their condition than that on which they then resided; the guarantee to them by the United States of their exclusive possession of that country forever, exempt from all intrusions by white men, with ample provisions for their security against external violence and internal dissensions, and the extension to them of suitable facilities for their advancement in civilization. This has not been the policy of particular Administrations only, but of each in succession since the first attempt to carry it out under that of Mr. Monroe. All have labored for its accomplishment, only with different degrees of success. The manner of its execution has, it is true, from time to time given rise to conflicts of opinion and unjust imputations; but in respect to the wisdom and necessity of the policy itself there has not from the beginning existed a doubt in the mind of any calm, judicious, disinterested friend of the Indian race accustomed to reflection and enlightened by experience. Occupying the double character of contractor on its own account and guardian for the parties contracted with, it was hardly to be expected that the dealings of the Federal Government with the Indian tribes would escape misrepresentation. That there occurred ill the early settlement of this country, as in all others where the civilized race has succeeded to the possessions of the savage, instances of oppression and fraud on the part of the former there is too much reason to believe. No such offenses can, however, be justly charged upon this Government since it became free to pursue its own course. Its dealings with the Indian tribes have been just .and friendly throughout; its efforts for their civilization constant, and directed by the best feelings of humanity; its watchfulness in protecting them from individual frauds unremitting; its forbearance under the keenest provocations, the deepest injuries, and the most flagrant outrages may challenge at least a comparison with any nation, ancient or modern, in similar circumstances; and if in future times a powerful, civilized, and happy nation of Indians shall be found to exist within the limits of this northern continent it will be owing to the consummation of that policy which has been so unjustly assailed. Only a very brief reference to facts in confirmation of this assertion can in this form be given, and you are therefore necessarily referred to the report of the Secretary of War for further details. To the Cherokees, whose case has perhaps excited the greatest share of attention and sympathy, the United States have granted in fee, with a perpetual guaranty of exclusive and peaceable possession, 13,554,135 acres of land on the west side of the Mississippi, eligibly situated, in a healthy climate, and in all respects better suited to their condition than the country they have left, in exchange for only 9,492, 160 acres on the east side of the same river. The United States have in addition stipulated to pay them $5,600,000 for their interest in and improvements on the lands thus relinquished, and $1,160,000 for subsistence and other beneficial purposes, thereby putting it in their power to become one of the most wealthy and independent separate communities of the same extent in the world. By the treaties made and ratified with the Miamies, the Chippewas, the Sioux, the Sacs and Foxes, and the Winnebagoes during the last year the Indian title to 18,458,000 acres has been extinguished. These purchases have been much more extensive than those of any previous year, and have, with other Indian expenses, borne very heavily upon the Treasury. They leave, however, but a small quantity of unbought Indian lands within the States and Territories, and the Legislature and Executive were equally sensible of the propriety of a final and more speedy extinction of Indian titles within those limits. The treaties, which were with a single exception made in pursuance of previous appropriations for defraying the expenses, have subsequently been ratified by the Senate, and received the sanction of Congress by the appropriations necessary to carry them into effect. Of the terms upon which these important negotiations were concluded I can speak from direct knowledge, and I feel no difficulty in affirming that the interest of the Indians in the extensive territory embraced by them is to be paid for at its fair value, and that no more favorable terms have been granted to the United States than would have been reasonably expected in a negotiation with civilized men fully capable of appreciating and protecting their own rights. For the Indian title to 116,349,897 acres acquired since the 4th of March, 1829, the United States have paid $72,560,056 in permanent annuities, lands, reservations for Indians, expenses of removal and subsistence, merchandise, mechanical and agricultural establishments and implements. When the heavy expenses incurred by the United States and the circumstance that so large a portion of the entire territory will be forever unsalable are considered, and this price is compared with that for which the United States sell their own lands, no one can doubt that justice has been done to the Indians in these purchases also. Certain it is that the transactions of the Federal Government with the Indians have been uniformly characterized by a sincere and paramount desire to promote their welfare; and it must be a source of the highest gratification to every friend to justice and humanity to learn that not withstanding the obstructions from time to time thrown in its way and the difficulties which have arisen from the peculiar and impracticable nature of the Indian character, the wise, humane, and undeviating policy of the Government in this the most difficult of all our relations, foreign or domestic, has at length been justified to the world in its near approach to a happy and certain consummation. The condition of the tribes which occupy the country set apart for them in the West is highly prosperous, and encourages the hope of their early civilization. They have for the most part abandoned the hunter state and turned their attention to agricultural pursuits. All those who have been established for any length of time in that fertile region maintain themselves by their own industry. There are among them traders of no inconsiderable capital, and planters exporting cotton to some extent, but the greater number are small agriculturists, living in comfort upon the produce of their farms. The recent emigrants, although they have in some instances removed reluctantly, have readily acquiesced in their unavoidable destiny. They have found at once a recompense for past sufferings and an incentive to industrious habits in the abundance and comforts around them. There is reason to believe that all these tribes are friendly in their feelings toward the United States; and it is to be hoped that the acquisition of individual wealth, the pursuits of agriculture, and habits of industry will gradually subdue their warlike propensities and incline them to maintain peace among themselves. To effect this desirable object the attention of Congress is solicited to the measures recommended by the Secretary of War for their future government and protection, as well from each other as from the hostility of the warlike tribes around them and the intrusions of the whites. The policy of the Government has given them a permanent home and guaranteed to them its peaceful and undisturbed possession. It only remains to give them a government and laws which will encourage industry and secure to them the rewards of their exertions. The importance of some form of government can not be too much insisted upon. The earliest effects will be to diminish the causes and occasions for hostilities among the tribes, to inspire an interest in the observance of laws to which they will have themselves assented, and to multiply the securities of property and the motives for self-improvement. Intimately connected with this subject is the establishment of the military defenses recommended by the Secretary of War, which have been already referred to. Without them the Government will be powerless to redeem its pledge of protection to the emigrating Indians against the numerous warlike tribes that surround them and to provide for the safety of the frontier settlers of the bordering States. The case of the Seminoles constitutes at present the only exception to the successful efforts of the Government to remove the Indians to the homes assigned them west of the Mississippi. Four hundred of this tribe emigrated in 1836 and 1,500 in 1837 and 1838, leaving in the country, it is supposed, about 2,000 Indians. The continued treacherous conduct of these people; the savage and unprovoked murders they have lately committed, butchering whole families of the settlers of the Territory without distinction of age or sex, and making their way into the very center and heart of the country, so that no part of it is free from their ravages; their frequent attacks on the light-houses along that dangerous coast, and the barbarity with which they have murdered the passengers and crews of such vessels as have been wrecked upon the reefs and keys which border the Gulf, leave the Government no alternative but to continue the military operations against them until they are totally expelled from Florida. There are other motives which would urge the Government to pursue this course toward the Seminoles. The United States have fulfilled in good faith all their treaty stipulations with the Indian tribes, and have in every other instance insisted upon a like performance of their obligations. To relax from this salutary rule because the Seminoles have maintained themselves so long in the territory they had relinquished, and in defiance of their frequent and solemn engagements still continue to wage a ruthless war against the United States, would not only evince a want of constancy on our part, but be of evil example in our intercourse with other tribes. Experience has shown that but little is to be gained by the march of armies through a country so intersected with inaccessible swamps and marshes, and which, from the fatal character of the climate, must be abandoned at the end of the winter. I recommend, therefore, to your attention the plan submitted by the Secretary of War in the accompanying report, for the permanent occupation of the portion of the Territory freed from the Indians and the more efficient protection of the people of Florida from their inhuman warfare. From the report of the Secretary of the Navy herewith transmitted it will appear that a large portion of the disposable naval force is either actively employed or in a state of preparation for the purposes of experience and discipline and the protection. of our commerce. So effectual has been this protection that so far as the information of Government extends not a single outrage has been attempted on a vessel carrying the flag of the United States within the present year, in any quarter, however distant or exposed. The exploring expedition sailed from Norfolk on the 19th of August last, and information has been received of its safe arrival at the island of Madeira. The best spirit animates the officers and crews, and there is every reason to anticipate from its efforts results beneficial to commerce and honorable to the nation. It will also be seen that no reduction of the force now in commission is contemplated. The unsettled state of a portion of South America renders it indispensable that our commerce should receive protection in that quarter; the vast and increasing interests embarked in the trade of the Indian and China seas, in the whale fisheries of the Pacific Ocean, and in the Gulf of Mexico require equal attention to their safety, and a small squadron may be employed to great advantage on our Atlantic coast in meeting sudden demands for the reenforcement of other stations, in aiding merchant vessels in distress, in affording active service to an additional number of officers, and in visiting the different ports of the United States, an accurate knowledge of which is obviously of the highest importance. The attention of Congress is respectfully called to that portion of the report recommending an increase in the number of smaller vessels, and to other suggestions contained in that document. The rapid increase and wide expansion of our commerce, which is every day seeking new avenues of profitable adventure; the absolute necessity of a naval force for its protection precisely in the degree of its extension; a due regard to the national rights and honor; the recollection of its former exploits, and the anticipation of its future triumphs whenever opportunity presents itself, which we may rightfully indulge from the experience of the past--all seem to point to the Navy as a most efficient arm of our national defense and a proper object of legislative encouragement. The progress and condition of the Post-Office Department will be seen by reference to the report of the Postmaster-General. The extent of post-roads covered by mail contracts is stated to be 134,818 miles, and the annual transportation upon them 34,580,202 miles. The number of post-offices in the United States is 12,553, and rapidly increasing. The gross revenue for the year ending on the 30th day of June last was $4,262,145; the accruing expenditures, $4,680,068; excess of expenditures, $417,923. This has been made up out of the surplus previously on hand. The cash on hand on the 1st instant was $314,068. The revenue for the year ending June 30, 1838, was $161,540 more than that for the year ending June 30, 1837. The expenditures of the Department had been graduated upon the anticipation of a largely increased revenue. A moderate curtailment of mail service consequently became necessary, and has been effected, to shield the Department against the danger of embarrassment. Its revenue is now improving, and it will soon resume its onward course in the march of improvement. Your particular attention is requested to so much of the Postmaster-Generals report as relates to the transportation of the mails upon railroads. The laws on that subject do not seem adequate to secure that service, now become almost essential to the public interests, and at the same time protect the Department from combinations and unreasonable demands. Nor can I too earnestly request your attention to the necessity of providing a more secure building for this Department. The danger of destruction to which its important books and papers are continually exposed, as well from the highly combustible character of the building occupied as from that of others in the vicinity, calls loudly for prompt action. Your attention is again earnestly invited to the suggestions and recommendations submitted at the last session in respect to the District of Columbia. I feel it my duty also to bring to your notice certain proceedings at law which have recently been prosecuted in this District in the name of the United States, on the relation of Messrs. Stockton & Stokes, of the State of Maryland, against the Postmaster-General, and which have resulted in the payment of money out of the National Treasury, for the first time since the establishment of the Government, by judicial compulsion exercised by the common-law writ of mandamus issued by the circuit court of this District. The facts of the case and the grounds of the proceedings will be found fully stated in the report of the decision, and any additional information which you may desire will be supplied by the proper Department. No interference in the particular case is contemplated. The money has been paid, the claims of the prosecutors have been satisfied, and the whole subject, so far as they are concerned, is finally disposed of; but it is on the supposition that the case may be regarded as an authoritative exposition of the law as it now stands that I have thought it necessary to present it to your consideration. The object of the application to the circuit court was to compel the Postmaster-General to carry into effect an award made by the Solicitor of the Treasury, under a special act of Congress for the settlement of certain claims of the relators on the Post-Office Department, which award the Postmaster-General declined to execute in full until he should receive further legislative direction on the subject. If the duty imposed on the Postmaster-General by that law was to be regarded as one of an official nature, belonging to his office as a branch of the executive, then it is obvious that the constitutional competency of the judiciary to direct and control him in its discharge was necessarily drawn in question; and if the duty so imposed on the Postmaster-General was to be considered as merely ministerial, and not executive, it yet remained to be shown that the circuit court of this District had authority to interfere by mandamus, such a power having never before been asserted or claimed by that court. With a view to the settlement of these important questions, the judgment of the circuit court was carried by a writ of error to the Supreme Court of the United States. In the opinion of that tribunal the duty imposed on the Postmaster-General was not an official executive duty, but one of a merely ministerial nature. The grave constitutional questions which had been discussed were therefore excluded from the decision of the case, the court, indeed, expressly admitting that with powers and duties properly belonging to the executive no other department can inter-fere by the writ of mandamus; and the question therefore resolved itself into this: Has Congress conferred upon the circuit court of this District the power to issue such a writ to an officer of the General Government commanding him to perform a ministerial act? A majority of the court have decided that it has, but have rounded their decision upon a process of reasoning which in my judgment renders further legislative provision indispensable to the public interests and the equal administration of justice. It has long since been decided by the Supreme Court that neither that tribunal nor the circuit courts of the United States, held within the respective States, possess the power in question; but it is now held that this power, denied to both of these high tribunals (to the former by the Constitution and to the latter by Congress), has been by its legislation vested in the circuit court of this District. No such direct grant of power to the circuit court of this District is claimed, but it has been held to result by necessary implication from several sections of the law establishing the court. One of these sections declares that the laws of Maryland, as they existed at the time of the cession, should be in force in that part of the District ceded by that State, and by this provision the common law in civil and criminal cases, as it prevailed in Maryland in 1801, was established in that part of the District. In England the court of king's bench--because the Sovereign, who, according to the theory of the constitution, is the fountain of justice originally sat there in person, and is still deemed to be present in construction of law--alone possesses the high power of issuing the writ of mandamus, not only to inferior jurisdictions and corporations, but also to magistrates and others, commanding them in the King' s name to do what their duty requires in cases where there is a vested right and no other specific remedy. It has been held in the case referred to that as the Supreme Court of the United States is by the Constitution rendered incompetent to exercise this power, and as the circuit court of this District is a court of general jurisdiction in cases at common law, and the highest court of original jurisdiction in the District, the right to issue the writ of mandamus is incident to its common-law powers. Another ground relied upon to maintain the power in question is that it was included by fair construction in the powers granted to the circuit courts of the United States by the act "to provide for the more convenient organization of the courts of the United States," passed 13th February, 1801; that the act establishing the circuit court of this District, passed the 27th day of February, 1801, conferred upon that court and the judges thereof the same powers as were by law vested in the circuit courts of the United States and in the judges of the said courts; that the repeal of the first-mentioned act, which took place in the next year, did not divest the circuit court of this District of the authority in dispute, but left it still clothed with the powers over the subject which, it is conceded, were taken away from the circuit courts of the United States by the repeal of the act of 13th February, 1801. Admitting that the adoption of the laws of Maryland for a portion of this District confers on the circuit court thereof, in that portion, the transcendent extrajudicial prerogative powers of the court of king's bench in England, or that either of the acts of Congress by necessary implication authorizes the former court to issue a writ of mandamus to an officer of the United States to compel him to perform a ministerial duty, the consequences are in one respect the same. The result in either case is that the officers of the United States stationed in different parts of the United States are, in respect to the performance of their official duties, subject to different laws and a different supervision--those in the States to one rule, and those in the District of Columbia to another and a very different one. In the District their official conduct is subject to a judicial control from which in the States they are exempt. Whatever difference of opinion may exist as to the expediency of vesting such a power in the judiciary in a system of government constituted like that of the United States, all must agree that these disparaging discrepancies in the law and in the administration of justice ought not to he permitted to continue; and as Congress alone can provide the remedy, the subject is unavoidably presented to your consideration.
I congratulate you on the favorable circumstances in the condition of our country under which you reassemble for the performance of your official duties. Though the anticipations of an abundant harvest have not everywhere been realized, yet on the whole the labors of the husbandman are rewarded with a bountiful return; industry prospers in its various channels of business and enterprise; general health again prevails through our vast diversity of climate; nothing threatens from abroad the continuance of external peace; nor has anything at home impaired the strength of those fraternal and domestic ties which constitute the only guaranty to the success and permanency of our happy Union, and which, formed in the hour of peril, have hitherto been honorably sustained through every vicissitude in our national affairs. These blessings, which evince the care and beneficence of Providence, call for our devout and fervent gratitude. We have not less reason to be grateful for other bounties bestowed by the same munificent hand, and more exclusively our own. The present year closes the first half century of our Federal institutions, and our system, differing from all others in the acknowledged practical and unlimited operation which it has for so long a period given to the sovereignty of the people, has now been fully tested by experience. The Constitution devised by our forefathers as the framework and bond of that system, then untried, has become a settled form of government; not only preserving and protecting the great principles upon which it was rounded, but wonderfully promoting individual happiness and private interests. Though subject to change and entire revocation whenever deemed inadequate to all these purposes, yet such is the wisdom of its construction and so stable has been the public sentiment that it remains unaltered except in matters of detail comparatively unimportant. It has proved amply sufficient for the various emergencies incident to our condition as a nation. A formidable foreign war; agitating collisions between domestic, and in some respects rival, sovereignties; temptations to interfere in the intestine commotions of neighboring countries; the dangerous influences that arise in periods of excessive prosperity, and the antirepublican tendencies of associated wealth--these, with other trials not less formidable, have all been encountered, and thus far successfully resisted. It was reserved for the American Union to test the advantages of a government entirely dependent on the continual exercise of the popular will, and our experience has shown that it is as beneficent in practice as it is just in theory. Each successive change made in our local institutions has contributed to extend the right of suffrage, has increased the direct influence of the mass of the community, given greater freedom to individual exertion, and restricted more and more the powers of Government; yet the intelligence, prudence, and patriotism of the people have kept pace with this augmented responsibility. In no country has education been so widely diffused. Domestic peace has nowhere so largely reigned. The close bonds of social intercourse have in no instance prevailed with such harmony over a space so vast. All forms of religion have united for the first time to diffuse charity and piety, because for the first time in the history of nations all have been totally untrammeled and absolutely free. The deepest recesses of the wilderness have been penetrated; yet instead of the rudeness in the social condition consequent upon such adventures elsewhere, numerous communities have sprung up, already unrivaled in prosperity, general intelligence, internal tranquillity, and the wisdom of their political institutions. Internal improvement, the fruit of individual enterprise, fostered by the protection of the States, has added new links to the Confederation and fresh rewards to provident industry. Doubtful questions of domestic policy have been quietly settled by mutual forbearance, and agriculture, commerce, and manufactures minister to each other. Taxation and public debt, the burdens which bear so heavily upon all other countries, have pressed with comparative lightness upon us. Without one entangling alliance, our friendship is prized by every nation, and the rights of our citizens are everywhere respected, because they are known to be guarded by a united, sensitive, and watchful people. To this practical operation of our institutions, so evident and successful, we owe that increased attachment to them which is among the most cheering exhibitions of popular sentiment and will prove their best security in time to come against foreign or domestic assault. This review of the results of our institutions for half a century, without exciting a spirit of vain exultation, should serve to impress upon us the great principles from which they have sprung--constant and direct supervision by the people over every public measure. strict forbearance on the part of the Government from exercising any doubtful or disputed powers, and a cautious abstinence from all interference with concerns which properly belong and are best left to State regulations and individual enterprise. Full information of the state of our foreign affairs having been recently on different occasions submitted to Congress, I deem it necessary now to bring to your notice only such events as have subsequently occurred or are of such importance as to require particular attention. The most amicable dispositions continue to be exhibited by all the nations with whom the Government and citizens of the United States have an habitual intercourse. At the date of my last annual message Mexico was the only nation which could not be included in so gratifying a reference to our foreign relations. I am happy to be now able to inform you that an advance has been made toward the adjustment of our differences with that Republic and the restoration of the customary good feeling between the two nations. This important change has been effected by conciliatory negotiations that have resulted in the conclusion of a treaty between the two Governments, which, when ratified, will refer to the arbitrament of a friendly power all the subjects of controversy between us growing out of injuries to individuals. There is at present also reason to believe that an equitable settlement of all disputed points will be attained without further difficulty or unnecessary delay, and thus authorize the free resumption of diplomatic intercourse with our sister Republic. With respect to the northeastern boundary of the United States, no official correspondence between this Government and that of Great Britain has passed since that communicated to Congress toward the close of their last session. The offer to negotiate a convention for the appointment of a joint commission of survey and exploration I am, however, assured will be met by Her Majesty's Government in a conciliatory and friendly spirit, and instructions to enable the British minister here to conclude such an arrangement will be transmitted to him without needless delay. It is hoped and expected that these instructions will be of a liberal character, and that this negotiation, if successful, will prove to be an important step toward the satisfactory and final adjustment of the controversy. I had hoped that the respect for the laws and regard for the peace and honor of their own country which have ever characterized the citizens of the United States would have prevented any portion of them from using any means to promote insurrection in the territory of a power with which we are at peace, and with which the United States are desirous of maintaining the most friendly relations. I regret deeply, however, to be obliged to inform you that this has not been the case. Information has been given to me, derived from official and other sources, that many citizens of the United States have associated together to make hostile incursions from our territory into Canada and to aid and abet insurrection there, in violation of the obligations and laws of the United States and in open disregard of their own duties as citizens. This information has been in part confirmed by a hostile invasion actually made by citizens of the United States, in conjunction with Canadians and others, and accompanied by a forcible seizure of the property of our citizens and an application thereof to the prosecution of military operations against the authorities and people of Canada. The results of these criminal assaults upon the peace and order of a neighboring country have been, as was to be expected, fatally destructive to the misguided or deluded persons engaged in them and highly injurious to those in whose behalf they are professed to have been undertaken. The authorities in Canada, from intelligence received of such intended movements among our citizens, have felt themselves obliged to take precautionary measures against them; have actually embodied the militia and assumed an attitude to repel the invasion to which they believed the colonies were exposed from the United States. A state of feeling on both sides of the frontier has thus been produced which called for prompt and vigorous interference. If an insurrection existed in Canada, the amicable dispositions of the United States toward Great Britain, as well as their duty to themselves, would lead them to maintain a strict neutrality and to restrain their citizens from all violations of the laws which have been passed for its enforcement. But this Government recognizes a still higher obligation to repress all attempts on the part of its citizens to disturb the peace of a country where order prevails or has been reestablished. Depredations by our citizens upon nations at peace with the United States, or combinations for committing them, have at all times been regarded by the American Government and people with the greatest abhorrence. Military incursions by our citizens into countries so situated, and the commission of acts of violence on the members thereof, in order to effect a change in their government, or under any pretext whatever, have from the commencement of our Government been held equally criminal on the part of those engaged in them, and as much deserving of punishment as would be the disturbance of the public peace by the perpetration of similar acts within our own territory. By no country or persons have these invaluable principles of international law--principles the strict observance of which is so indispensable to the preservation of social order in the world--been more earnestly cherished or sacredly respected than by those great and good men who first declared and finally established the independence of our own country. They promulgated and maintained them at an early and critical period in our history; they were subsequently embodied in legislative enactments of a highly penal character, the faithful enforcement of which has hitherto been, and will, I trust, always continue to be, regarded as a duty inseparably associated with the maintenance of our national honor. That the people of the United States should feel an interest in the spread of political institutions as free as they regard their own to be is natural, nor can a sincere solicitude for the success of all those who are at any time in good faith struggling for their acquisition be imputed to our citizens as a crime. With the entire freedom of opinion and an undisguised expression thereof on their part the Government has neither the right nor, I trust, the disposition to interfere. But whether the interest or the honor of the United States requires that they should be made a party to any such struggle, and by inevitable consequence to the war which is waged in its support, is a question which by our Constitution is wisely left to Congress alone to decide. It is by the laws already made criminal in our citizens to embarrass or anticipate that decision by unauthorized military operations on their part. Offenses of this character, in addition to their criminality as violations of the laws of our country, have a direct tendency to draw down upon our own citizens at large the multiplied evils of a foreign war and expose to injurious imputations the good faith and honor of the country. As such they deserve to be put down with promptitude and decision. I can not be mistaken, I am confident, in counting on the cordial and general concurrence of our fellow-citizens in this sentiment. A copy of the proclamation which I have felt it my duty to issue is herewith communicated. I can not but hope that the good sense and patriotism, the regard for the honor and reputation of their country, the respect for the laws which they have themselves enacted for their own government, and the love of order for which the mass of our people have been so long and so justly distinguished will deter the comparatively few who are engaged in them from a further prosecution of such desperate enterprises. In the meantime the existing laws have been and will continue to be faithfully executed, and every effort will be made to carry them out in their full extent. Whether they are sufficient or not to meet the actual state of things on the Canadian frontier it is for Congress to decide. It will appear from the correspondence herewith submitted that the Government of Russia declines a renewal of the fourth article of the convention of April, 1824, between the United States and His Imperial Majesty, by the third article of which it is agreed that "hereafter there shall not be formed by the citizens of the United States or under the authority of the said States any establishment upon the northwest coast of America, nor in any of the islands adjacent, to the north of 54° 40' of north latitude, and that in the same manner there shall be none formed by Russian subjects or under the authority of Russia south of the same parallel;" and by the fourth article, "that during a term of ten years, counting from the signature of the present convention, the ships of both powers, or which belong to their citizens or subjects, respectively, may reciprocally frequent, without any hindrance whatever, the interior seas, gulfs, harbors, and creeks upon the coast mentioned in the preceding article, for the purpose of fishing and trading with the natives of the country." The reasons assigned for declining to renew the provisions of this article are, briefly, that the only use made by our citizens of the privileges it secures to them has been to supply the Indians with spirituous liquors, ammunition, and firearms; that this traffic has been excluded from the Russian trade; and as the supplies furnished from the United States are injurious to the Russian establishments on the northwest coast and calculated to produce complaints between the two Governments, His Imperial Majesty thinks it for the interest of both countries not to accede to the proposition made by the American Government for the renewal of the article last referred to. The correspondence herewith communicated will show the grounds upon which we contend that the citizens of the United States have, independent of the provisions of the convention of 1824, a right to trade with the natives upon the coast in question at unoccupied places, liable, however, it is admitted, to be at any time extinguished by the creation of Russian establishments at such points. This right is denied by the Russian Government, which asserts that by the operation of the treaty of 1824 each party agreed to waive the general right to land on the vacant coasts on the respective sides of the degree of latitude referred to, and accepted in lieu thereof the mutual privileges mentioned in the fourth article. The capital and tonnage employed by our citizens in their trade with the northwest coast of America will, perhaps, on adverting to the official statements of the commerce and navigation of the United States for the last few years, be deemed too inconsiderable in amount to attract much attention; yet the subject may in other respects deserve the careful consideration of Congress. I regret to state that the blockade of the principal ports on the eastern coast of Mexico, which, in consequence of differences between that Republic and France, was instituted in May last, unfortunately still continues, enforced by a competent French naval armament, and is necessarily embarrassing to our own trade in the Gulf, in common with that of other nations. Every disposition, however, is believed to exist on the part of the French Government to render this measure as little onerous as practicable to the interests of the citizens of the United States and to those of neutral commerce, and it is to be hoped that an early settlement of the difficulties between France and Mexico will soon reestablish the harmonious relations formerly subsisting between them and again open the ports of that Republic to the vessels of all friendly nations. A convention for marking that part of the boundary between the United States and the Republic of Texas which extends from the mouth of the Sabine to the Red River was concluded and signed at this city on the 25th of April last. It has since been ratified by both Governments, and seasonable measures will be taken to carry it into effect on the part of the United States. The application of that Republic for admission into this Union, made in August, 1837, and which was declined for reasons already made known to you, has been formally withdrawn, as will appear from the accompanying copy of the note of the minister plenipotentiary of Texas, which was presented to the Secretary of State on the occasion of the exchange of the ratifications of the convention above mentioned. Copies of the convention with Texas, of a commercial treaty concluded with the King of Greece, and of a similar treaty with the Peru-Bolivian Confederation, the ratifications of which have been recently exchanged, accompany this message, for the information of Congress and for such legislative enactments as may be found necessary or expedient in relation to either of them. To watch over and foster the interests of a gradually increasing and widely extended commerce, to guard the rights of American citizens whom business or pleasure or other motives may tempt into distant climes, and at the same time to cultivate those sentiments of mutual respect and good will which experience has proved so beneficial in international intercourse, the Government of the United States has deemed it expedient from time to time to establish diplomatic connections with-different foreign states, by the appointment of representatives. to reside within their respective territories. I am gratified to be enabled to announce to you that since the close of your last session these relations have been opened under the happiest auspices with Austria and the Two Sicilies, that new nominations have been made in the respective missions of Russia, Brazil, Belgium, and Sweden and Norway in this country, and that a minister extraordinary has been received, accredited to this Government, from the Argentine Confederation. An exposition of the fiscal affairs of the Government and of their condition for the past year will be made to you by the Secretary of the Treasury. The available balance in the Treasury on the 1st of January next is estimated at $2,765,342. The receipts of the year from customs and lands will probably amount to $20,615,598. These usual sources of revenue have been increased by an issue of Treasury notes, of which less than $8,000,000, including interest and principal, will be outstanding at the end of the year, and by the sale of one of the bonds of the Bank of the United States for $2,254,871. The aggregate of means from these and other sources, with the balance on hand on the 1st of January last, has been applied to the payment of appropriations by Congress. The whole expenditure for the year on their account, including the redemption of more than eight millions of Treasury notes, constitutes an aggregate of about $40,000,000, and will still leave in the Treasury the balance before stated. Nearly $8,000,000 of Treasury notes are to be paid during the coming year in addition to the ordinary appropriations for the support of Government. For both these purposes the resources of the Treasury will undoubtedly be sufficient if the charges upon it are not increased beyond the annual estimates. No excess, however, is likely to exist. Nor can the postponed installment of the surplus revenue be deposited with the States nor any considerable appropriations beyond the estimates be made without causing a deficiency in the Treasury. The great caution, advisable at all times, of limiting appropriations to the wants of the public service is rendered necessary at present by the prospective and rapid reduction of the tariff, while the vigilant jealousy evidently excited among the people by the occurrences of the last few years assures us that they expect from their representatives, and will sustain them in the exercise of, the most rigid economy. Much can be effected by postponing appropriations not immediately required for the ordinary public service or for any pressing emergency, and much by reducing the expenditures where the entire and immediate accomplishment of the objects in view is not indispensable. When we call to mind the recent and extreme embarrassments produced by excessive issues of bank paper, aggravated by the unforeseen withdrawal of much foreign capital and the inevitable derangement arising from the distribution of the surplus revenue among the States as required by Congress, and consider the heavy expenses incurred by the removal of Indian tribes, by the military operations in Florida, and on account of the unusually large appropriations made at the last two annual sessions of Congress for other objects, we have striking evidence in the present efficient state of our finances of the abundant resources of the country to fulfill all its obligations. Nor is it less gratifying to find that the general business of the community, deeply affected as it has been, is reviving with additional vigor, chastened by the lessons of the past and animated by the hopes of the future. By the curtailment of paper issues, by curbing the sanguine and adventurous spirit of speculation, and by the honorable application of all available means to the fulfillment of obligations, confidence has been restored both at home and abroad, and ease and facility secured to all the operations of trade. The agency of the Government in producing these results has been as efficient as its powers and means permitted. By withholding from the States the deposit of the fourth installment, and leaving several millions at long credits with the banks, principally in one section of the country, and more immediately beneficial to it, and at the same time aiding the banks and commercial communities in other sections by postponing the payment of bonds for duties to the amount of between four and five millions of dollars; by an issue of Treasury notes as a means to enable the Government to meet the consequences of their indulgences, but affording at the same time facilities for remittance and exchange; and by steadily declining to employ as general depositories of the public revenues, or receive the notes of, all banks which refused to redeem them with specie--by these measures, aided by the favorable action of some of the banks and by the support and cooperation of a large portion of the community, we have witnessed an early resumption of specie payments in our great commercial capital, promptly followed in almost every part of the United States. This result has been alike salutary to the true interests of agriculture, commerce, and manufactures; to public morals, respect for the laws, and that confidence between man and man which is so essential in all our social relations. The contrast between the suspension of 1814 and that of 1837 is most striking. The short duration of the latter, the prompt restoration of business, the evident benefits resulting from an adherence by the Government to the constitutional standard of value instead of sanctioning the suspension by the receipt of irredeemable paper, and the advantages derived from the large amount of specie introduced into the country previous to 1837 afford a valuable illustration of the true policy of the Government in such a crisis. Nor can the comparison fail to remove the impression that a national bank is necessary in such emergencies. Not only were specie payments resumed without its aid, but exchanges have also been more rapidly restored than when it existed, thereby showing that private capital, enterprise, and prudence are fully adequate to these ends. On all these points experience seems to have confirmed the views heretofore submitted to Congress. We have been saved the mortification of seeing the distresses of the community for the third time seized on to fasten upon the country so dangerous an institution, and we may also hope that the business of individuals will hereafter be relieved from the injurious effects of a continued agitation of that disturbing subject. The limited influence of a national bank in averting derangement in the exchanges of the country or in compelling the resumption of specie payments is now not less apparent than its tendency to increase inordinate speculation by sudden expansions and contractions; its disposition to create panic and embarrassment for the promotion of its own designs; its interference with politics, and its far greater power for evil than for good, either in regard to the local institutions or the operations of Government itself. What was in these respects but apprehension or opinion when a national bank was first established now stands confirmed by humiliating experience. The scenes through which we have passed conclusively prove how little our commerce, agriculture, manufactures, or finances require such an institution, and what dangers are attendant on its power--a power, I trust, never to be conferred by the American people upon their Government, and still less upon individuals not responsible to them for its unavoidable abuses. My conviction of the necessity of further legislative provisions for the safe-keeping and disbursement of the public moneys and my opinion in regard to the measures best adapted to the accomplishment of those objects have been already submitted to you. These have been strengthened by recent events, and in the full conviction that time and experience must still further demonstrate their propriety I feel it my duty, with respectful deference to the conflicting views of others, again to invite your attention to them. With the exception of limited sums deposited in the few banks still employed under the act of 1836, the amounts received for duties, and, with very inconsiderable exceptions, those accruing from lands also, have since the general suspension of specie payments by the deposit banks been kept and disbursed by the Treasurer under his general legal powers, subject to the superintendence of the Secretary of the Treasury. The propriety of defining more specifically and of regulating by law the exercise of this wide scope of Executive discretion has been already submitted to Congress. A change in the office of collector at one of our principal ports has brought to light a defalcation of the gravest character, the particulars of which will be laid before you in a special report from the Secretary of the Treasury. By his report and the accompanying documents it will be seen that the weekly returns of the defaulting officer apparently exhibited throughout a faithful administration of the affairs intrusted to his management. It, however, now appears that he commenced abstracting the public moneys shortly after his appointment and continued to do so, progressively increasing the amount, for the term of more than seven years, embracing a portion of the period during which the public moneys were deposited in the Bank of the United States, the whole of that of the State bank deposit system, and concluding only on his retirement from office, after that system had substantially failed in consequence of the suspension of specie payments. The way in which this defalcation was so long concealed and the steps taken to indemnify the United States, as far as practicable, against loss will also be presented to you. The ease is one which imperatively claims the attention of Congress and furnishes the strongest motive for the establishment of a more severe and secure system for the safe-keeping -and disbursement of the public moneys than any that has heretofore existed. It seems proper, at all events, that by an early enactment similar to that of other countries the application of public money by an officer of Government to private uses should be made a felony and visited with severe and ignominious punishment. This is already in effect the law in respect to the Mint, and has been productive of the most salutary results. Whatever system is adopted, such an enactment would be wise as an independent measure, since much of the public moneys must in their collection and ultimate disbursement pass twice through the hands of public officers, in whatever manner they are intermediately kept. The Government, it must be admitted, has been from its commencement comparatively fortunate in this respect. But the appointing power can not always be well advised in its selections, and the experience of every country has shown that public officers are not at all times proof against temptation. It is a duty, therefore, which the Government owes, as well to the interests committed to its care as to the officers themselves, to provide every guard against transgressions of this character that is consistent with reason and humanity. Congress can not be too jealous of the conduct of those who are intrusted with the public money, and I shall at all times be disposed to encourage a watchful discharge of this duty. If a more direct cooperation on the part of Congress in the supervision of the conduct of the officers intrusted with the custody and application of the public money is deemed desirable, it will give me pleasure to assist in the establishment of any judicious and constitutional plan by which that object may be accomplished. You will in your wisdom determine upon the propriety of adopting such a plan and upon the measures necessary to its effectual execution. When the late Bank of the United States was incorporated and made the depository of the public moneys, a right was reserved to Congress to inspect at its pleasure, by a committee of that body, the books and the proceedings of the bank. In one of the States, whose banking institutions are supposed to rank amongst the first in point of stability, they are subjected to constant examination by commissioners appointed for that purpose, and much of the success of its banking system is attributed to this watchful supervision. The same course has also, in view of its beneficial operation, been adopted by an adjoining State, favorably known for the care it has always bestowed upon whatever relates to its financial concerns. I submit to your consideration whether a committee of Congress might not be profitably employed in inspecting, at such intervals as might be deemed proper, the affairs and accounts of officers intrusted with the custody of the public moneys. The frequent performance of this duty might be made obligatory on the committee in respect to those officers who have large sums in their possession, and left discretionary in respect to others. They might report to the Executive such defalcations as were found to exist, with a view to a prompt removal from office unless the default was satisfactorily accounted for, and report also to Congress, at the commencement of each session, the result of their examinations and proceedings. It does appear to me that with a subjection of this class of public officers to the general supervision of the Executive, to examinations by a committee of Congress at periods of which they should have no previous notice, and to prosecution and punishment as for felony for every breach of trust, the safe-keeping of the public moneys might under the system proposed be placed on a surer foundation than it has ever occupied since the establishment of the Government. The Secretary of the Treasury will lay before you additional information containing new details on this interesting subject. To these I ask your early attention. That it should have given rise to great diversity of opinion can not be a subject of surprise. After the collection and custody of the public moneys had been for so many years connected with and made subsidiary to the advancement of private interests, a return to the simple self-denying ordinances of the Constitution could not but be difficult. But time and free discussion, eliciting the sentiments of the people, and aided by that conciliatory spirit which has ever characterized their course on great emergencies, were relied upon for a satisfactory settlement of the question. Already has this anticipation, on one important point at least--the impropriety of diverting public money to private purposes--been fully realized. There is no reason to suppose that legislation upon that branch of the subject would now be embarrassed by a difference of opinion, or fail to receive the cordial support of a large majority of our constituents. The connection which formerly existed between the Government and banks was in reality injurious to both, as well as to the general interests of the community at large. It aggravated the disasters of trade and the derangements of commercial intercourse, and administered new excitements and additional means to wild and reckless speculations, the disappointment of which threw the country into convulsions of panic, and all but produced violence and bloodshed. The imprudent expansion of bank credits, which was the natural result of the command of the revenues of the State, furnished the resources for unbounded license in every species of adventure, seduced industry from its regular and salutary occupations by the hope of abundance without labor, and deranged the social state by tempting all trades and professions into the vortex of speculation on remote contingencies. The same wide-spreading influence impeded also the resources of the Government, curtailed its useful operations, embarrassed the fulfillment of its obligations, and seriously interfered with the execution of the laws. Large appropriations and oppressive taxes are the natural consequences of such a connection, since they increase the profits of those who are allowed to use the public funds, and make it their interest that money should be accumulated and expenditures multiplied. It is thus that a concentrated money power is tempted to become an active agent in political affairs; and all past experience has shown on which side that influence will be arrayed. We deceive ourselves if we suppose that, it will ever be found asserting and supporting the rights of the community at large in opposition to the claims of the few. In a government whose distinguishing characteristic should be a diffusion and equalization of its benefits and burdens the advantage of individuals will be augmented at the expense of the community at large. Nor is it the nature of combinations for the acquisition of legislative influence to confine their interference to the single object for which they were originally formed. The temptation to extend it to other matters is, on the contrary, not unfrequently too strong to be resisted. The rightful influence in the direction of public affairs of the mass of the people is therefore in no slight danger of being sensibly and injuriously affected by giving to a comparatively small but very efficient class a direct and exclusive personal interest in so important a portion of the legislation of Congress as that which relates to the custody of the public moneys. If laws acting upon private interests can not always be avoided, they should be confined within the narrowest limits, and left wherever possible to the legislatures of the States. When not thus restricted they lead to combinations of powerful associations, foster an influence necessarily selfish, and turn the fair course of legislation to sinister ends rather than to objects that advance public liberty and promote the general good. The whole subject now rests with you, and I can not but express a hope that some definite measure will be adopted at the present session. It will not, I am sure, be deemed out of place for me here to remark that the declaration of my views in opposition to the policy of employing banks as depositories of the Government funds can not justly be construed as indicative of hostility, official or personal, to those institutions; or to repeat in this form and in connection with this subject opinions which I have uniformly entertained and on all proper occasions expressed. Though always opposed to their creation in the form of exclusive privileges, and, as a State magistrate, aiming by appropriate legislation to secure the community against the consequences of their occasional mismanagement, I have yet ever wished to see them protected in the exercise of rights conferred by law, and have never doubted their utility when properly managed in promoting the interests of trade, and through that channel the other interests of the community. To the General Government they present themselves merely as State institutions, having no necessary connection with its legislation or its administration. Like other State establishments, they may be used or not in conducting the affairs of the Government, as public policy and the general interests of the Union may seem to require. The only safe or proper principle upon which their intercourse with the Government can be regulated is that which regulates their intercourse with the private citizen--the conferring of mutual benefits. When the Government can accomplish a financial operation better with the aid of the banks than without it, it should be at liberty to seek that aid as it would the services of a private banker or other capitalist or agent, giving the preference to those who will serve it on the best terms. Nor can there ever exist an interest in the officers of the General Government, as such, inducing them to embarrass or annoy the State banks any more than to incur the hostility of any other class of State institutions or of private citizens. It is not in the nature of things that hostility to these institutions can spring from this source, or any opposition to their course of business, except when they themselves depart from the objects of their creation and attempt to usurp powers not conferred upon them or to subvert the standard of value established by the Constitution. While opposition to their regular operations can not exist in this quarter, resistance to any attempt to make the Government dependent upon them for the successful administration of public affairs is a matter of duty, as I trust it ever will be of inclination, no matter from what motive or consideration the attempt may originate. It is no more than just to the banks to say that in the late emergency most of them firmly resisted the strongest temptations to extend their paper issues when apparently sustained in a suspension of specie payments by public opinion, even though in some cases invited by legislative enactments. To this honorable course, aided by the resistance of the General Government, acting in obedience to the Constitution and laws of the United States, to the introduction of an irredeemable paper medium, may be attributed in a great degree the speedy restoration of our currency to a sound state and the business of the country to its wonted prosperity. The banks have but to continue in the same safe course and be content in their appropriate sphere to avoid all interference from the General Government and to derive from it all the protection and benefits which it bestows on other State establishments, on the people of the States, and on the States themselves. In this, their true position, they can not but secure the confidence and good will of the people and the Government, which they can only lose when, leaping from their legitimate sphere, they attempt to control the legislation of the country and pervert the operations of the Government to their own purposes. Our experience under the act, passed at the last session, to grant preemption rights to settlers on the public lands has as yet been too limited to enable us to pronounce with safety upon the efficacy of its provisions to carry out the wise and liberal policy of the Government in that respect. There is, however, the best reason to anticipate favorable results from its operation. The recommendations formerly submitted to you in respect to a graduation of the price of the public lands remain to be finally acted upon. Having found no reason to change the views then expressed, your attention to them is again respectfully requested. Every proper exertion has been made and will be continued to carry out the wishes of Congress in relation to the tobacco trade, as indicated in the several resolutions of the House of Representatives and the legislation of the two branches. A favorable impression has, I trust, been made in the different foreign countries to which particular attention has been directed; and although we can not hope for an early change in their policy, as in many of them a convenient and large revenue is derived from monopolies in the fabrication and sale of this article, yet, as these monopolies are really injurious to the people where they are established, and the revenue derived from them may be less injuriously and with equal facility obtained from another and a liberal system of administration, we can not doubt that our efforts will be eventually crowned with, success if persisted in with temperate firmness and sustained by prudent legislation. In recommending to Congress the adoption of the necessary provisions at this session for taking the next census or enumeration of the inhabitants of the United States, the suggestion presents itself whether the scope of the measure might not be usefully extended by causing it to embrace authentic statistical returns of the great interests specially intrusted to or necessarily affected by the legislation of Congress. The accompanying report of the Secretary of War presents a satisfactory account of the state of the Army and of the several branches of the public service confided to the superintendence of that officer. The law increasing and organizing the military establishment of the United States has been nearly carried into effect, and the Army has been extensively and usefully employed during the past season. I would again call to your notice the subjects connected with and essential to the military defenses of the country which were submitted to you at the last session, but which were not acted upon, as is supposed, for want of time. The most important of them is the organization of the militia on the maritime and inland frontiers. This measure is deemed important, as it is believed that it will furnish an effective volunteer force in aid of the Regular Army, and may form the basis of a general system of organization for the entire militia of the United States. The erection of a national foundry and gunpowder manufactory, and one for making small arms, the latter to be situated at some point west of the Allegany Mountains, all appear to be of sufficient importance to be again urged upon your attention. The plan proposed by the Secretary of War for the distribution of the forces of the United States in time of peace is well calculated to promote regularity and economy in the fiscal administration of the service, to preserve the discipline of the troops, and to render them available for the maintenance of the peace and tranquillity of the Country. With this view, likewise, I recommend the adoption of the plan presented by that officer for the defense of the western frontier. The preservation of the lives and property of our fellow-citizens who are settled upon that border country, as well as the existence of the Indian population, which might be tempted by our want of preparation to rush on their own destruction and attack the white settlements, all seem to require that this subject should be acted upon without delay, and the War Department authorized to place that country in a state of complete defense against any assault from the numerous and warlike tribes which are congregated on that border. It affords me sincere pleasure to be able to apprise you of the entire removal of the Cherokee Nation of Indians to their new homes west of the Mississippi. The measures authorized by Congress at its last session, with a view to the long-standing controversy with them, have had the happiest effects. By an agreement concluded with them by the commanding general in that country, who has performed the duties assigned to him on the occasion with commendable energy and humanity, their removal has been principally under the conduct of their own chiefs, and they have emigrated without any apparent reluctance. The successful accomplishment of this important object, the removal also of the entire Creek Nation with the exception of a small number of fugitives amongst the Seminoles in Florida, the progress already made toward a speedy completion of the removal of the Chickasaws, the Choctaws, the Pottawatamies, the Ottawas, and the Chippewas, with the extensive purchases of Indian lands during the present year, have rendered the speedy and successful result of the long-established policy of the Government upon the subject of Indian affairs entirely certain. The occasion is therefore deemed a proper one to place this policy in such a point of view as will exonerate the Government of the United States from the undeserved reproach which has been cast upon it through several successive Administrations. That a mixed occupancy of the same territory by the white and red man is incompatible with the safety or happiness of either is a position in respect to which there has long since ceased to be room for a difference of opinion. Reason and experience have alike demonstrated its impracticability. The bitter fruits of every attempt heretofore to overcome the barriers interposed by nature have only been destruction, both physical and moral, to the Indian, dangerous conflicts of authority between the Federal and State Governments, and detriment to the individual prosperity of the citizen as well as to the general improvement of the country. The remedial policy, the principles of which were settled more than thirty years ago under the Administration of Mr. Jefferson, consists in an extinction, for a fair consideration, of the title to all the lands still occupied by the Indians within the States and Territories of the United States; their removal to a country west of the Mississippi much more extensive and better adapted to their condition than that on which they then resided; the guarantee to them by the United States of their exclusive possession of that country forever, exempt from all intrusions by white men, with ample provisions for their security against external violence and internal dissensions, and the extension to them of suitable facilities for their advancement in civilization. This has not been the policy of particular Administrations only, but of each in succession since the first attempt to carry it out under that of Mr. Monroe. All have labored for its accomplishment, only with different degrees of success. The manner of its execution has, it is true, from time to time given rise to conflicts of opinion and unjust imputations; but in respect to the wisdom and necessity of the policy itself there has not from the beginning existed a doubt in the mind of any calm, judicious, disinterested friend of the Indian race accustomed to reflection and enlightened by experience. Occupying the double character of contractor on its own account and guardian for the parties contracted with, it was hardly to be expected that the dealings of the Federal Government with the Indian tribes would escape misrepresentation. That there occurred ill the early settlement of this country, as in all others where the civilized race has succeeded to the possessions of the savage, instances of oppression and fraud on the part of the former there is too much reason to believe. No such offenses can, however, be justly charged upon this Government since it became free to pursue its own course. Its dealings with the Indian tribes have been just .and friendly throughout; its efforts for their civilization constant, and directed by the best feelings of humanity; its watchfulness in protecting them from individual frauds unremitting; its forbearance under the keenest provocations, the deepest injuries, and the most flagrant outrages may challenge at least a comparison with any nation, ancient or modern, in similar circumstances; and if in future times a powerful, civilized, and happy nation of Indians shall be found to exist within the limits of this northern continent it will be owing to the consummation of that policy which has been so unjustly assailed. Only a very brief reference to facts in confirmation of this assertion can in this form be given, and you are therefore necessarily referred to the report of the Secretary of War for further details. To the Cherokees, whose case has perhaps excited the greatest share of attention and sympathy, the United States have granted in fee, with a perpetual guaranty of exclusive and peaceable possession, 13,554,135 acres of land on the west side of the Mississippi, eligibly situated, in a healthy climate, and in all respects better suited to their condition than the country they have left, in exchange for only 9,492, 160 acres on the east side of the same river. The United States have in addition stipulated to pay them $5,600,000 for their interest in and improvements on the lands thus relinquished, and $1,160,000 for subsistence and other beneficial purposes, thereby putting it in their power to become one of the most wealthy and independent separate communities of the same extent in the world. By the treaties made and ratified with the Miamies, the Chippewas, the Sioux, the Sacs and Foxes, and the Winnebagoes during the last year the Indian title to 18,458,000 acres has been extinguished. These purchases have been much more extensive than those of any previous year, and have, with other Indian expenses, borne very heavily upon the Treasury. They leave, however, but a small quantity of unbought Indian lands within the States and Territories, and the Legislature and Executive were equally sensible of the propriety of a final and more speedy extinction of Indian titles within those limits. The treaties, which were with a single exception made in pursuance of previous appropriations for defraying the expenses, have subsequently been ratified by the Senate, and received the sanction of Congress by the appropriations necessary to carry them into effect. Of the terms upon which these important negotiations were concluded I can speak from direct knowledge, and I feel no difficulty in affirming that the interest of the Indians in the extensive territory embraced by them is to be paid for at its fair value, and that no more favorable terms have been granted to the United States than would have been reasonably expected in a negotiation with civilized men fully capable of appreciating and protecting their own rights. For the Indian title to 116,349,897 acres acquired since the 4th of March, 1829, the United States have paid $72,560,056 in permanent annuities, lands, reservations for Indians, expenses of removal and subsistence, merchandise, mechanical and agricultural establishments and implements. When the heavy expenses incurred by the United States and the circumstance that so large a portion of the entire territory will be forever unsalable are considered, and this price is compared with that for which the United States sell their own lands, no one can doubt that justice has been done to the Indians in these purchases also. Certain it is that the transactions of the Federal Government with the Indians have been uniformly characterized by a sincere and paramount desire to promote their welfare; and it must be a source of the highest gratification to every friend to justice and humanity to learn that not withstanding the obstructions from time to time thrown in its way and the difficulties which have arisen from the peculiar and impracticable nature of the Indian character, the wise, humane, and undeviating policy of the Government in this the most difficult of all our relations, foreign or domestic, has at length been justified to the world in its near approach to a happy and certain consummation. The condition of the tribes which occupy the country set apart for them in the West is highly prosperous, and encourages the hope of their early civilization. They have for the most part abandoned the hunter state and turned their attention to agricultural pursuits. All those who have been established for any length of time in that fertile region maintain themselves by their own industry. There are among them traders of no inconsiderable capital, and planters exporting cotton to some extent, but the greater number are small agriculturists, living in comfort upon the produce of their farms. The recent emigrants, although they have in some instances removed reluctantly, have readily acquiesced in their unavoidable destiny. They have found at once a recompense for past sufferings and an incentive to industrious habits in the abundance and comforts around them. There is reason to believe that all these tribes are friendly in their feelings toward the United States; and it is to be hoped that the acquisition of individual wealth, the pursuits of agriculture, and habits of industry will gradually subdue their warlike propensities and incline them to maintain peace among themselves. To effect this desirable object the attention of Congress is solicited to the measures recommended by the Secretary of War for their future government and protection, as well from each other as from the hostility of the warlike tribes around them and the intrusions of the whites. The policy of the Government has given them a permanent home and guaranteed to them its peaceful and undisturbed possession. It only remains to give them a government and laws which will encourage industry and secure to them the rewards of their exertions. The importance of some form of government can not be too much insisted upon. The earliest effects will be to diminish the causes and occasions for hostilities among the tribes, to inspire an interest in the observance of laws to which they will have themselves assented, and to multiply the securities of property and the motives for self-improvement. Intimately connected with this subject is the establishment of the military defenses recommended by the Secretary of War, which have been already referred to. Without them the Government will be powerless to redeem its pledge of protection to the emigrating Indians against the numerous warlike tribes that surround them and to provide for the safety of the frontier settlers of the bordering States. The case of the Seminoles constitutes at present the only exception to the successful efforts of the Government to remove the Indians to the homes assigned them west of the Mississippi. Four hundred of this tribe emigrated in 1836 and 1,500 in 1837 and 1838, leaving in the country, it is supposed, about 2,000 Indians. The continued treacherous conduct of these people; the savage and unprovoked murders they have lately committed, butchering whole families of the settlers of the Territory without distinction of age or sex, and making their way into the very center and heart of the country, so that no part of it is free from their ravages; their frequent attacks on the light-houses along that dangerous coast, and the barbarity with which they have murdered the passengers and crews of such vessels as have been wrecked upon the reefs and keys which border the Gulf, leave the Government no alternative but to continue the military operations against them until they are totally expelled from Florida. There are other motives which would urge the Government to pursue this course toward the Seminoles. The United States have fulfilled in good faith all their treaty stipulations with the Indian tribes, and have in every other instance insisted upon a like performance of their obligations. To relax from this salutary rule because the Seminoles have maintained themselves so long in the territory they had relinquished, and in defiance of their frequent and solemn engagements still continue to wage a ruthless war against the United States, would not only evince a want of constancy on our part, but be of evil example in our intercourse with other tribes. Experience has shown that but little is to be gained by the march of armies through a country so intersected with inaccessible swamps and marshes, and which, from the fatal character of the climate, must be abandoned at the end of the winter. I recommend, therefore, to your attention the plan submitted by the Secretary of War in the accompanying report, for the permanent occupation of the portion of the Territory freed from the Indians and the more efficient protection of the people of Florida from their inhuman warfare. From the report of the Secretary of the Navy herewith transmitted it will appear that a large portion of the disposable naval force is either actively employed or in a state of preparation for the purposes of experience and discipline and the protection. of our commerce. So effectual has been this protection that so far as the information of Government extends not a single outrage has been attempted on a vessel carrying the flag of the United States within the present year, in any quarter, however distant or exposed. The exploring expedition sailed from Norfolk on the 19th of August last, and information has been received of its safe arrival at the island of Madeira. The best spirit animates the officers and crews, and there is every reason to anticipate from its efforts results beneficial to commerce and honorable to the nation. It will also be seen that no reduction of the force now in commission is contemplated. The unsettled state of a portion of South America renders it indispensable that our commerce should receive protection in that quarter; the vast and increasing interests embarked in the trade of the Indian and China seas, in the whale fisheries of the Pacific Ocean, and in the Gulf of Mexico require equal attention to their safety, and a small squadron may be employed to great advantage on our Atlantic coast in meeting sudden demands for the reenforcement of other stations, in aiding merchant vessels in distress, in affording active service to an additional number of officers, and in visiting the different ports of the United States, an accurate knowledge of which is obviously of the highest importance. The attention of Congress is respectfully called to that portion of the report recommending an increase in the number of smaller vessels, and to other suggestions contained in that document. The rapid increase and wide expansion of our commerce, which is every day seeking new avenues of profitable adventure; the absolute necessity of a naval force for its protection precisely in the degree of its extension; a due regard to the national rights and honor; the recollection of its former exploits, and the anticipation of its future triumphs whenever opportunity presents itself, which we may rightfully indulge from the experience of the past--all seem to point to the Navy as a most efficient arm of our national defense and a proper object of legislative encouragement. The progress and condition of the Post-Office Department will be seen by reference to the report of the Postmaster-General. The extent of post-roads covered by mail contracts is stated to be 134,818 miles, and the annual transportation upon them 34,580,202 miles. The number of post-offices in the United States is 12,553, and rapidly increasing. The gross revenue for the year ending on the 30th day of June last was $4,262,145; the accruing expenditures, $4,680,068; excess of expenditures, $417,923. This has been made up out of the surplus previously on hand. The cash on hand on the 1st instant was $314,068. The revenue for the year ending June 30, 1838, was $161,540 more than that for the year ending June 30, 1837. The expenditures of the Department had been graduated upon the anticipation of a largely increased revenue. A moderate curtailment of mail service consequently became necessary, and has been effected, to shield the Department against the danger of embarrassment. Its revenue is now improving, and it will soon resume its onward course in the march of improvement. Your particular attention is requested to so much of the Postmaster-Generals report as relates to the transportation of the mails upon railroads. The laws on that subject do not seem adequate to secure that service, now become almost essential to the public interests, and at the same time protect the Department from combinations and unreasonable demands. Nor can I too earnestly request your attention to the necessity of providing a more secure building for this Department. The danger of destruction to which its important books and papers are continually exposed, as well from the highly combustible character of the building occupied as from that of others in the vicinity, calls loudly for prompt action. Your attention is again earnestly invited to the suggestions and recommendations submitted at the last session in respect to the District of Columbia. I feel it my duty also to bring to your notice certain proceedings at law which have recently been prosecuted in this District in the name of the United States, on the relation of Messrs. Stockton & Stokes, of the State of Maryland, against the Postmaster-General, and which have resulted in the payment of money out of the National Treasury, for the first time since the establishment of the Government, by judicial compulsion exercised by the common-law writ of mandamus issued by the circuit court of this District. The facts of the case and the grounds of the proceedings will be found fully stated in the report of the decision, and any additional information which you may desire will be supplied by the proper Department. No interference in the particular case is contemplated. The money has been paid, the claims of the prosecutors have been satisfied, and the whole subject, so far as they are concerned, is finally disposed of; but it is on the supposition that the case may be regarded as an authoritative exposition of the law as it now stands that I have thought it necessary to present it to your consideration. The object of the application to the circuit court was to compel the Postmaster-General to carry into effect an award made by the Solicitor of the Treasury, under a special act of Congress for the settlement of certain claims of the relators on the Post-Office Department, which award the Postmaster-General declined to execute in full until he should receive further legislative direction on the subject. If the duty imposed on the Postmaster-General by that law was to be regarded as one of an official nature, belonging to his office as a branch of the executive, then it is obvious that the constitutional competency of the judiciary to direct and control him in its discharge was necessarily drawn in question; and if the duty so imposed on the Postmaster-General was to be considered as merely ministerial, and not executive, it yet remained to be shown that the circuit court of this District had authority to interfere by mandamus, such a power having never before been asserted or claimed by that court. With a view to the settlement of these important questions, the judgment of the circuit court was carried by a writ of error to the Supreme Court of the United States. In the opinion of that tribunal the duty imposed on the Postmaster-General was not an official executive duty, but one of a merely ministerial nature. The grave constitutional questions which had been discussed were therefore excluded from the decision of the case, the court, indeed, expressly admitting that with powers and duties properly belonging to the executive no other department can inter-fere by the writ of mandamus; and the question therefore resolved itself into this: Has Congress conferred upon the circuit court of this District the power to issue such a writ to an officer of the General Government commanding him to perform a ministerial act? A majority of the court have decided that it has, but have rounded their decision upon a process of reasoning which in my judgment renders further legislative provision indispensable to the public interests and the equal administration of justice. It has long since been decided by the Supreme Court that neither that tribunal nor the circuit courts of the United States, held within the respective States, possess the power in question; but it is now held that this power, denied to both of these high tribunals (to the former by the Constitution and to the latter by Congress), has been by its legislation vested in the circuit court of this District. No such direct grant of power to the circuit court of this District is claimed, but it has been held to result by necessary implication from several sections of the law establishing the court. One of these sections declares that the laws of Maryland, as they existed at the time of the cession, should be in force in that part of the District ceded by that State, and by this provision the common law in civil and criminal cases, as it prevailed in Maryland in 1801, was established in that part of the District. In England the court of king's bench--because the Sovereign, who, according to the theory of the constitution, is the fountain of justice originally sat there in person, and is still deemed to be present in construction of law--alone possesses the high power of issuing the writ of mandamus, not only to inferior jurisdictions and corporations, but also to magistrates and others, commanding them in the King' s name to do what their duty requires in cases where there is a vested right and no other specific remedy. It has been held in the case referred to that as the Supreme Court of the United States is by the Constitution rendered incompetent to exercise this power, and as the circuit court of this District is a court of general jurisdiction in cases at common law, and the highest court of original jurisdiction in the District, the right to issue the writ of mandamus is incident to its common-law powers. Another ground relied upon to maintain the power in question is that it was included by fair construction in the powers granted to the circuit courts of the United States by the act "to provide for the more convenient organization of the courts of the United States," passed 13th February, 1801; that the act establishing the circuit court of this District, passed the 27th day of February, 1801, conferred upon that court and the judges thereof the same powers as were by law vested in the circuit courts of the United States and in the judges of the said courts; that the repeal of the first-mentioned act, which took place in the next year, did not divest the circuit court of this District of the authority in dispute, but left it still clothed with the powers over the subject which, it is conceded, were taken away from the circuit courts of the United States by the repeal of the act of 13th February, 1801. Admitting that the adoption of the laws of Maryland for a portion of this District confers on the circuit court thereof, in that portion, the transcendent extrajudicial prerogative powers of the court of king's bench in England, or that either of the acts of Congress by necessary implication authorizes the former court to issue a writ of mandamus to an officer of the United States to compel him to perform a ministerial duty, the consequences are in one respect the same. The result in either case is that the officers of the United States stationed in different parts of the United States are, in respect to the performance of their official duties, subject to different laws and a different supervision--those in the States to one rule, and those in the District of Columbia to another and a very different one. In the District their official conduct is subject to a judicial control from which in the States they are exempt. Whatever difference of opinion may exist as to the expediency of vesting such a power in the judiciary in a system of government constituted like that of the United States, all must agree that these disparaging discrepancies in the law and in the administration of justice ought not to he permitted to continue; and as Congress alone can provide the remedy, the subject is unavoidably presented to your consideration.
i congratulate you on the favorable circumstances in the condition of our country under which you reassemble for the performance of your official duties though the anticipations of an abundant harvest have not everywhere been realized yet on the whole the labors of the husbandman are rewarded with a bountiful return industry prospers in its various channels of business and enterprise general health again prevails through our vast diversity of climate nothing threatens from abroad the continuance of external peace nor has anything at home impaired the strength of those fraternal and domestic ties which constitute the only guaranty to the success and permanency of our happy union and which formed in the hour of peril have hitherto been honorably sustained through every vicissitude in our national affairs these blessings which evince the care and beneficence of providence call for our devout and fervent gratitude we have not less reason to be grateful for other bounties bestowed by the same munificent hand and more exclusively our own the present year closes the first half century of our federal institutions and our system differing from all others in the acknowledged practical and unlimited operation which it has for so long a period given to the sovereignty of the people has now been fully tested by experience the constitution devised by our forefathers as the framework and bond of that system then untried has become a settled form of government not only preserving and protecting the great principles upon which it was rounded but wonderfully promoting individual happiness and private interests though subject to change and entire revocation whenever deemed inadequate to all these purposes yet such is the wisdom of its construction and so stable has been the public sentiment that it remains unaltered except in matters of detail comparatively unimportant it has proved amply sufficient for the various emergencies incident to our condition as a nation a formidable foreign war agitating collisions between domestic and in some respects rival sovereignties temptations to interfere in the intestine commotions of neighboring countries the dangerous influences that arise in periods of excessive prosperity and the antirepublican tendencies of associated wealth these with other trials not less formidable have all been encountered and thus far successfully resisted it was reserved for the american union to test the advantages of a government entirely dependent on the continual exercise of the popular will and our experience has shown that it is as beneficent in practice as it is just in theory each successive change made in our local institutions has contributed to extend the right of suffrage has increased the direct influence of the mass of the community given greater freedom to individual exertion and restricted more and more the powers of government yet the intelligence prudence and patriotism of the people have kept pace with this augmented responsibility in no country has education been so widely diffused domestic peace has nowhere so largely reigned the close bonds of social intercourse have in no instance prevailed with such harmony over a space so vast all forms of religion have united for the first time to diffuse charity and piety because for the first time in the history of nations all have been totally untrammeled and absolutely free the deepest recesses of the wilderness have been penetrated yet instead of the rudeness in the social condition consequent upon such adventures elsewhere numerous communities have sprung up already unrivaled in prosperity general intelligence internal tranquillity and the wisdom of their political institutions internal improvement the fruit of individual enterprise fostered by the protection of the states has added new links to the confederation and fresh rewards to provident industry doubtful questions of domestic policy have been quietly settled by mutual forbearance and agriculture commerce and manufactures minister to each other taxation and public debt the burdens which bear so heavily upon all other countries have pressed with comparative lightness upon us without one entangling alliance our friendship is prized by every nation and the rights of our citizens are everywhere respected because they are known to be guarded by a united sensitive and watchful people to this practical operation of our institutions so evident and successful we owe that increased attachment to them which is among the most cheering exhibitions of popular sentiment and will prove their best security in time to come against foreign or domestic assault this review of the results of our institutions for half a century without exciting a spirit of vain exultation should serve to impress upon us the great principles from which they have sprung constant and direct supervision by the people over every public measure strict forbearance on the part of the government from exercising any doubtful or disputed powers and a cautious abstinence from all interference with concerns which properly belong and are best left to state regulations and individual enterprise full information of the state of our foreign affairs having been recently on different occasions submitted to congress i deem it necessary now to bring to your notice only such events as have subsequently occurred or are of such importance as to require particular attention the most amicable dispositions continue to be exhibited by all the nations with whom the government and citizens of the united states have an habitual intercourse at the date of my last annual message mexico was the only nation which could not be included in so gratifying a reference to our foreign relations i am happy to be now able to inform you that an advance has been made toward the adjustment of our differences with that republic and the restoration of the customary good feeling between the two nations this important change has been effected by conciliatory negotiations that have resulted in the conclusion of a treaty between the two governments which when ratified will refer to the arbitrament of a friendly power all the subjects of controversy between us growing out of injuries to individuals there is at present also reason to believe that an equitable settlement of all disputed points will be attained without further difficulty or unnecessary delay and thus authorize the free resumption of diplomatic intercourse with our sister republic with respect to the northeastern boundary of the united states no official correspondence between this government and that of great britain has passed since that communicated to congress toward the close of their last session the offer to negotiate a convention for the appointment of a joint commission of survey and exploration i am however assured will be met by her majesty government in a conciliatory and friendly spirit and instructions to enable the british minister here to conclude such an arrangement will be transmitted to him without needless delay it is hoped and expected that these instructions will be of a liberal character and that this negotiation if successful will prove to be an important step toward the satisfactory and final adjustment of the controversy i had hoped that the respect for the laws and regard for the peace and honor of their own country which have ever characterized the citizens of the united states would have prevented any portion of them from using any means to promote insurrection in the territory of a power with which we are at peace and with which the united states are desirous of maintaining the most friendly relations i regret deeply however to be obliged to inform you that this has not been the case information has been given to me derived from official and other sources that many citizens of the united states have associated together to make hostile incursions from our territory into canada and to aid and abet insurrection there in violation of the obligations and laws of the united states and in open disregard of their own duties as citizens this information has been in part confirmed by a hostile invasion actually made by citizens of the united states in conjunction with canadians and others and accompanied by a forcible seizure of the property of our citizens and an application thereof to the prosecution of military operations against the authorities and people of canada the results of these criminal assaults upon the peace and order of a neighboring country have been as was to be expected fatally destructive to the misguided or deluded persons engaged in them and highly injurious to those in whose behalf they are professed to have been undertaken the authorities in canada from intelligence received of such intended movements among our citizens have felt themselves obliged to take precautionary measures against them have actually embodied the militia and assumed an attitude to repel the invasion to which they believed the colonies were exposed from the united states a state of feeling on both sides of the frontier has thus been produced which called for prompt and vigorous interference if an insurrection existed in canada the amicable dispositions of the united states toward great britain as well as their duty to themselves would lead them to maintain a strict neutrality and to restrain their citizens from all violations of the laws which have been passed for its enforcement but this government recognizes a still higher obligation to repress all attempts on the part of its citizens to disturb the peace of a country where order prevails or has been reestablished depredations by our citizens upon nations at peace with the united states or combinations for committing them have at all times been regarded by the american government and people with the greatest abhorrence military incursions by our citizens into countries so situated and the commission of acts of violence on the members thereof in order to effect a change in their government or under any pretext whatever have from the commencement of our government been held equally criminal on the part of those engaged in them and as much deserving of punishment as would be the disturbance of the public peace by the perpetration of similar acts within our own territory by no country or persons have these invaluable principles of international law principles the strict observance of which is so indispensable to the preservation of social order in the world been more earnestly cherished or sacredly respected than by those great and good men who first declared and finally established the independence of our own country they promulgated and maintained them at an early and critical period in our history they were subsequently embodied in legislative enactments of a highly penal character the faithful enforcement of which has hitherto been and will i trust always continue to be regarded as a duty inseparably associated with the maintenance of our national honor that the people of the united states should feel an interest in the spread of political institutions as free as they regard their own to be is natural nor can a sincere solicitude for the success of all those who are at any time in good faith struggling for their acquisition be imputed to our citizens as a crime with the entire freedom of opinion and an undisguised expression thereof on their part the government has neither the right nor i trust the disposition to interfere but whether the interest or the honor of the united states requires that they should be made a party to any such struggle and by inevitable consequence to the war which is waged in its support is a question which by our constitution is wisely left to congress alone to decide it is by the laws already made criminal in our citizens to embarrass or anticipate that decision by unauthorized military operations on their part offenses of this character in addition to their criminality as violations of the laws of our country have a direct tendency to draw down upon our own citizens at large the multiplied evils of a foreign war and expose to injurious imputations the good faith and honor of the country as such they deserve to be put down with promptitude and decision i can not be mistaken i am confident in counting on the cordial and general concurrence of our in this sentiment a copy of the proclamation which i have felt it my duty to issue is herewith communicated i can not but hope that the good sense and patriotism the regard for the honor and reputation of their country the respect for the laws which they have themselves enacted for their own government and the love of order for which the mass of our people have been so long and so justly distinguished will deter the comparatively few who are engaged in them from a further prosecution of such desperate enterprises in the meantime the existing laws have been and will continue to be faithfully executed and every effort will be made to carry them out in their full extent whether they are sufficient or not to meet the actual state of things on the canadian frontier it is for congress to decide it will appear from the correspondence herewith submitted that the government of russia declines a renewal of the fourth article of the convention of april 1824 between the united states and his imperial majesty by the third article of which it is agreed that hereafter there shall not be formed by the citizens of the united states or under the authority of the said states any establishment upon the northwest coast of america nor in any of the islands adjacent to the north of 40 of north latitude and that in the same manner there shall be none formed by russian subjects or under the authority of russia south of the same parallel and by the fourth article that during a term of ten years counting from the signature of the present convention the ships of both powers or which belong to their citizens or subjects respectively may reciprocally frequent without any hindrance whatever the interior seas gulfs harbors and creeks upon the coast mentioned in the preceding article for the purpose of fishing and trading with the natives of the country the reasons assigned for declining to renew the provisions of this article are briefly that the only use made by our citizens of the privileges it secures to them has been to supply the indians with spirituous liquors ammunition and firearms that this traffic has been excluded from the russian trade and as the supplies furnished from the united states are injurious to the russian establishments on the northwest coast and calculated to produce complaints between the two governments his imperial majesty thinks it for the interest of both countries not to accede to the proposition made by the american government for the renewal of the article last referred to the correspondence herewith communicated will show the grounds upon which we contend that the citizens of the united states have independent of the provisions of the convention of 1824 a right to trade with the natives upon the coast in question at unoccupied places liable however it is admitted to be at any time extinguished by the creation of russian establishments at such points this right is denied by the russian government which asserts that by the operation of the treaty of 1824 each party agreed to waive the general right to land on the vacant coasts on the respective sides of the degree of latitude referred to and accepted in lieu thereof the mutual privileges mentioned in the fourth article the capital and tonnage employed by our citizens in their trade with the northwest coast of america will perhaps on adverting to the official statements of the commerce and navigation of the united states for the last few years be deemed too inconsiderable in amount to attract much attention yet the subject may in other respects deserve the careful consideration of congress i regret to state that the blockade of the principal ports on the eastern coast of mexico which in consequence of differences between that republic and france was instituted in may last unfortunately still continues enforced by a competent french naval armament and is necessarily embarrassing to our own trade in the gulf in common with that of other nations every disposition however is believed to exist on the part of the french government to render this measure as little onerous as practicable to the interests of the citizens of the united states and to those of neutral commerce and it is to be hoped that an early settlement of the difficulties between france and mexico will soon reestablish the harmonious relations formerly subsisting between them and again open the ports of that republic to the vessels of all friendly nations a convention for marking that part of the boundary between the united states and the republic of texas which extends from the mouth of the sabine to the red river was concluded and signed at this city on the 25th of april last it has since been ratified by both governments and seasonable measures will be taken to carry it into effect on the part of the united states the application of that republic for admission into this union made in august 1837 and which was declined for reasons already made known to you has been formally withdrawn as will appear from the accompanying copy of the note of the minister plenipotentiary of texas which was presented to the secretary of state on the occasion of the exchange of the ratifications of the convention above mentioned copies of the convention with texas of a commercial treaty concluded with the king of greece and of a similar treaty with the confederation the ratifications of which have been recently exchanged accompany this message for the information of congress and for such legislative enactments as may be found necessary or expedient in relation to either of them to watch over and foster the interests of a gradually increasing and widely extended commerce to guard the rights of american citizens whom business or pleasure or other motives may tempt into distant climes and at the same time to cultivate those sentiments of mutual respect and good will which experience has proved so beneficial in international intercourse the government of the united states has deemed it expedient from time to time to establish diplomatic connections foreign states by the appointment of representatives to reside within their respective territories i am gratified to be enabled to announce to you that since the close of your last session these relations have been opened under the happiest auspices with austria and the two sicilies that new nominations have been made in the respective missions of russia brazil belgium and sweden and norway in this country and that a minister extraordinary has been received accredited to this government from the argentine confederation an exposition of the fiscal affairs of the government and of their condition for the past year will be made to you by the secretary of the treasury the available balance in the treasury on the 1st of january next is estimated at the receipts of the year from customs and lands will probably amount to these usual sources of revenue have been increased by an issue of treasury notes of which less than including interest and principal will be outstanding at the end of the year and by the sale of one of the bonds of the bank of the united states for the aggregate of means from these and other sources with the balance on hand on the 1st of january last has been applied to the payment of appropriations by congress the whole expenditure for the year on their account including the redemption of more than eight millions of treasury notes constitutes an aggregate of about and will still leave in the treasury the balance before stated nearly of treasury notes are to be paid during the coming year in addition to the ordinary appropriations for the support of government for both these purposes the resources of the treasury will undoubtedly be sufficient if the charges upon it are not increased beyond the annual estimates no excess however is likely to exist nor can the postponed installment of the surplus revenue be deposited with the states nor any considerable appropriations beyond the estimates be made without causing a deficiency in the treasury the great caution advisable at all times of limiting appropriations to the wants of the public service is rendered necessary at present by the prospective and rapid reduction of the tariff while the vigilant jealousy evidently excited among the people by the occurrences of the last few years assures us that they expect from their representatives and will sustain them in the exercise of the most rigid economy much can be effected by postponing appropriations not immediately required for the ordinary public service or for any pressing emergency and much by reducing the expenditures where the entire and immediate accomplishment of the objects in view is not indispensable when we call to mind the recent and extreme embarrassments produced by excessive issues of bank paper aggravated by the unforeseen withdrawal of much foreign capital and the inevitable derangement arising from the distribution of the surplus revenue among the states as required by congress and consider the heavy expenses incurred by the removal of indian tribes by the military operations in florida and on account of the unusually large appropriations made at the last two annual sessions of congress for other objects we have striking evidence in the present efficient state of our finances of the abundant resources of the country to fulfill all its obligations nor is it less gratifying to find that the general business of the community deeply affected as it has been is reviving with additional vigor chastened by the lessons of the past and animated by the hopes of the future by the curtailment of paper issues by curbing the sanguine and adventurous spirit of speculation and by the honorable application of all available means to the fulfillment of obligations confidence has been restored both at home and abroad and ease and facility secured to all the operations of trade the agency of the government in producing these results has been as efficient as its powers and means permitted by withholding from the states the deposit of the fourth installment and leaving several millions at long credits with the banks principally in one section of the country and more immediately beneficial to it and at the same time aiding the banks and commercial communities in other sections by postponing the payment of bonds for duties to the amount of between four and five millions of dollars by an issue of treasury notes as a means to enable the government to meet the consequences of their indulgences but affording at the same time facilities for remittance and exchange and by steadily declining to employ as general depositories of the public revenues or receive the notes of all banks which refused to redeem them with specie by these measures aided by the favorable action of some of the banks and by the support and cooperation of a large portion of the community we have witnessed an early resumption of specie payments in our great commercial capital promptly followed in almost every part of the united states this result has been alike salutary to the true interests of agriculture commerce and manufactures to public morals respect for the laws and that confidence between man and man which is so essential in all our social relations the contrast between the suspension of 1814 and that of 1837 is most striking the short duration of the latter the prompt restoration of business the evident benefits resulting from an adherence by the government to the constitutional standard of value instead of sanctioning the suspension by the receipt of irredeemable paper and the advantages derived from the large amount of specie introduced into the country previous to 1837 afford a valuable illustration of the true policy of the government in such a crisis nor can the comparison fail to remove the impression that a national bank is necessary in such emergencies not only were specie payments resumed without its aid but exchanges have also been more rapidly restored than when it existed thereby showing that private capital enterprise and prudence are fully adequate to these ends on all these points experience seems to have confirmed the views heretofore submitted to congress we have been saved the mortification of seeing the distresses of the community for the third time seized on to fasten upon the country so dangerous an institution and we may also hope that the business of individuals will hereafter be relieved from the injurious effects of a continued agitation of that disturbing subject the limited influence of a national bank in averting derangement in the exchanges of the country or in compelling the resumption of specie payments is now not less apparent than its tendency to increase inordinate speculation by sudden expansions and contractions its disposition to create panic and embarrassment for the promotion of its own designs its interference with politics and its far greater power for evil than for good either in regard to the local institutions or the operations of government itself what was in these respects but apprehension or opinion when a national bank was first established now stands confirmed by humiliating experience the scenes through which we have passed conclusively prove how little our commerce agriculture manufactures or finances require such an institution and what dangers are attendant on its power a power i trust never to be conferred by the american people upon their government and still less upon individuals not responsible to them for its unavoidable abuses my conviction of the necessity of further legislative provisions for the and disbursement of the public moneys and my opinion in regard to the measures best adapted to the accomplishment of those objects have been already submitted to you these have been strengthened by recent events and in the full conviction that time and experience must still further demonstrate their propriety i feel it my duty with respectful deference to the conflicting views of others again to invite your attention to them with the exception of limited sums deposited in the few banks still employed under the act of 1836 the amounts received for duties and with very inconsiderable exceptions those accruing from lands also have since the general suspension of specie payments by the deposit banks been kept and disbursed by the treasurer under his general legal powers subject to the superintendence of the secretary of the treasury the propriety of defining more specifically and of regulating by law the exercise of this wide scope of executive discretion has been already submitted to congress a change in the office of collector at one of our principal ports has brought to light a defalcation of the gravest character the particulars of which will be laid before you in a special report from the secretary of the treasury by his report and the accompanying documents it will be seen that the weekly returns of the defaulting officer apparently exhibited throughout a faithful administration of the affairs intrusted to his management it however now appears that he commenced abstracting the public moneys shortly after his appointment and continued to do so progressively increasing the amount for the term of more than seven years embracing a portion of the period during which the public moneys were deposited in the bank of the united states the whole of that of the state bank deposit system and concluding only on his retirement from office after that system had substantially failed in consequence of the suspension of specie payments the way in which this defalcation was so long concealed and the steps taken to indemnify the united states as far as practicable against loss will also be presented to you the ease is one which imperatively claims the attention of congress and furnishes the strongest motive for the establishment of a more severe and secure system for the disbursement of the public moneys than any that has heretofore existed it seems proper at all events that by an early enactment similar to that of other countries the application of public money by an officer of government to private uses should be made a felony and visited with severe and ignominious punishment this is already in effect the law in respect to the mint and has been productive of the most salutary results whatever system is adopted such an enactment would be wise as an independent measure since much of the public moneys must in their collection and ultimate disbursement pass twice through the hands of public officers in whatever manner they are intermediately kept the government it must be admitted has been from its commencement comparatively fortunate in this respect but the appointing power can not always be well advised in its selections and the experience of every country has shown that public officers are not at all times proof against temptation it is a duty therefore which the government owes as well to the interests committed to its care as to the officers themselves to provide every guard against transgressions of this character that is consistent with reason and humanity congress can not be too jealous of the conduct of those who are intrusted with the public money and i shall at all times be disposed to encourage a watchful discharge of this duty if a more direct cooperation on the part of congress in the supervision of the conduct of the officers intrusted with the custody and application of the public money is deemed desirable it will give me pleasure to assist in the establishment of any judicious and constitutional plan by which that object may be accomplished you will in your wisdom determine upon the propriety of adopting such a plan and upon the measures necessary to its effectual execution when the late bank of the united states was incorporated and made the depository of the public moneys a right was reserved to congress to inspect at its pleasure by a committee of that body the books and the proceedings of the bank in one of the states whose banking institutions are supposed to rank amongst the first in point of stability they are subjected to constant examination by commissioners appointed for that purpose and much of the success of its banking system is attributed to this watchful supervision the same course has also in view of its beneficial operation been adopted by an adjoining state favorably known for the care it has always bestowed upon whatever relates to its financial concerns i submit to your consideration whether a committee of congress might not be profitably employed in inspecting at such intervals as might be deemed proper the affairs and accounts of officers intrusted with the custody of the public moneys the frequent performance of this duty might be made obligatory on the committee in respect to those officers who have large sums in their possession and left discretionary in respect to others they might report to the executive such defalcations as were found to exist with a view to a prompt removal from office unless the default was satisfactorily accounted for and report also to congress at the commencement of each session the result of their examinations and proceedings it does appear to me that with a subjection of this class of public officers to the general supervision of the executive to examinations by a committee of congress at periods of which they should have no previous notice and to prosecution and punishment as for felony for every breach of trust the of the public moneys might under the system proposed be placed on a surer foundation than it has ever occupied since the establishment of the government the secretary of the treasury will lay before you additional information containing new details on this interesting subject to these i ask your early attention that it should have given rise to great diversity of opinion can not be a subject of surprise after the collection and custody of the public moneys had been for so many years connected with and made subsidiary to the advancement of private interests a return to the simple ordinances of the constitution could not but be difficult but time and free discussion eliciting the sentiments of the people and aided by that conciliatory spirit which has ever characterized their course on great emergencies were relied upon for a satisfactory settlement of the question already has this anticipation on one important point at least the impropriety of diverting public money to private purposes been fully realized there is no reason to suppose that legislation upon that branch of the subject would now be embarrassed by a difference of opinion or fail to receive the cordial support of a large majority of our constituents the connection which formerly existed between the government and banks was in reality injurious to both as well as to the general interests of the community at large it aggravated the disasters of trade and the derangements of commercial intercourse and administered new excitements and additional means to wild and reckless speculations the disappointment of which threw the country into convulsions of panic and all but produced violence and bloodshed the imprudent expansion of bank credits which was the natural result of the command of the revenues of the state furnished the resources for unbounded license in every species of adventure seduced industry from its regular and salutary occupations by the hope of abundance without labor and deranged the social state by tempting all trades and professions into the vortex of speculation on remote contingencies the same influence impeded also the resources of the government curtailed its useful operations embarrassed the fulfillment of its obligations and seriously interfered with the execution of the laws large appropriations and oppressive taxes are the natural consequences of such a connection since they increase the profits of those who are allowed to use the public funds and make it their interest that money should be accumulated and expenditures multiplied it is thus that a concentrated money power is tempted to become an active agent in political affairs and all past experience has shown on which side that influence will be arrayed we deceive ourselves if we suppose that it will ever be found asserting and supporting the rights of the community at large in opposition to the claims of the few in a government whose distinguishing characteristic should be a diffusion and equalization of its benefits and burdens the advantage of individuals will be augmented at the expense of the community at large nor is it the nature of combinations for the acquisition of legislative influence to confine their interference to the single object for which they were originally formed the temptation to extend it to other matters is on the contrary not unfrequently too strong to be resisted the rightful influence in the direction of public affairs of the mass of the people is therefore in no slight danger of being sensibly and injuriously affected by giving to a comparatively small but very efficient class a direct and exclusive personal interest in so important a portion of the legislation of congress as that which relates to the custody of the public moneys if laws acting upon private interests can not always be avoided they should be confined within the narrowest limits and left wherever possible to the legislatures of the states when not thus restricted they lead to combinations of powerful associations foster an influence necessarily selfish and turn the fair course of legislation to sinister ends rather than to objects that advance public liberty and promote the general good the whole subject now rests with you and i can not but express a hope that some definite measure will be adopted at the present session it will not i am sure be deemed out of place for me here to remark that the declaration of my views in opposition to the policy of employing banks as depositories of the government funds can not justly be construed as indicative of hostility official or personal to those institutions or to repeat in this form and in connection with this subject opinions which i have uniformly entertained and on all proper occasions expressed though always opposed to their creation in the form of exclusive privileges and as a state magistrate aiming by appropriate legislation to secure the community against the consequences of their occasional mismanagement i have yet ever wished to see them protected in the exercise of rights conferred by law and have never doubted their utility when properly managed in promoting the interests of trade and through that channel the other interests of the community to the general government they present themselves merely as state institutions having no necessary connection with its legislation or its administration like other state establishments they may be used or not in conducting the affairs of the government as public policy and the general interests of the union may seem to require the only safe or proper principle upon which their intercourse with the government can be regulated is that which regulates their intercourse with the private citizen the conferring of mutual benefits when the government can accomplish a financial operation better with the aid of the banks than without it it should be at liberty to seek that aid as it would the services of a private banker or other capitalist or agent giving the preference to those who will serve it on the best terms nor can there ever exist an interest in the officers of the general government as such inducing them to embarrass or annoy the state banks any more than to incur the hostility of any other class of state institutions or of private citizens it is not in the nature of things that hostility to these institutions can spring from this source or any opposition to their course of business except when they themselves depart from the objects of their creation and attempt to usurp powers not conferred upon them or to subvert the standard of value established by the constitution while opposition to their regular operations can not exist in this quarter resistance to any attempt to make the government dependent upon them for the successful administration of public affairs is a matter of duty as i trust it ever will be of inclination no matter from what motive or consideration the attempt may originate it is no more than just to the banks to say that in the late emergency most of them firmly resisted the strongest temptations to extend their paper issues when apparently sustained in a suspension of specie payments by public opinion even though in some cases invited by legislative enactments to this honorable course aided by the resistance of the general government acting in obedience to the constitution and laws of the united states to the introduction of an irredeemable paper medium may be attributed in a great degree the speedy restoration of our currency to a sound state and the business of the country to its wonted prosperity the banks have but to continue in the same safe course and be content in their appropriate sphere to avoid all interference from the general government and to derive from it all the protection and benefits which it bestows on other state establishments on the people of the states and on the states themselves in this their true position they can not but secure the confidence and good will of the people and the government which they can only lose when leaping from their legitimate sphere they attempt to control the legislation of the country and pervert the operations of the government to their own purposes our experience under the act passed at the last session to grant preemption rights to settlers on the public lands has as yet been too limited to enable us to pronounce with safety upon the efficacy of its provisions to carry out the wise and liberal policy of the government in that respect there is however the best reason to anticipate favorable results from its operation the recommendations formerly submitted to you in respect to a graduation of the price of the public lands remain to be finally acted upon having found no reason to change the views then expressed your attention to them is again respectfully requested every proper exertion has been made and will be continued to carry out the wishes of congress in relation to the tobacco trade as indicated in the several resolutions of the house of representatives and the legislation of the two branches a favorable impression has i trust been made in the different foreign countries to which particular attention has been directed and although we can not hope for an early change in their policy as in many of them a convenient and large revenue is derived from monopolies in the fabrication and sale of this article yet as these monopolies are really injurious to the people where they are established and the revenue derived from them may be less injuriously and with equal facility obtained from another and a liberal system of administration we can not doubt that our efforts will be eventually crowned with success if persisted in with temperate firmness and sustained by prudent legislation in recommending to congress the adoption of the necessary provisions at this session for taking the next census or enumeration of the inhabitants of the united states the suggestion presents itself whether the scope of the measure might not be usefully extended by causing it to embrace authentic statistical returns of the great interests specially intrusted to or necessarily affected by the legislation of congress the accompanying report of the secretary of war presents a satisfactory account of the state of the army and of the several branches of the public service confided to the superintendence of that officer the law increasing and organizing the military establishment of the united states has been nearly carried into effect and the army has been extensively and usefully employed during the past season i would again call to your notice the subjects connected with and essential to the military defenses of the country which were submitted to you at the last session but which were not acted upon as is supposed for want of time the most important of them is the organization of the militia on the maritime and inland frontiers this measure is deemed important as it is believed that it will furnish an effective volunteer force in aid of the regular army and may form the basis of a general system of organization for the entire militia of the united states the erection of a national foundry and gunpowder manufactory and one for making small arms the latter to be situated at some point west of the allegany mountains all appear to be of sufficient importance to be again urged upon your attention the plan proposed by the secretary of war for the distribution of the forces of the united states in time of peace is well calculated to promote regularity and economy in the fiscal administration of the service to preserve the discipline of the troops and to render them available for the maintenance of the peace and tranquillity of the country with this view likewise i recommend the adoption of the plan presented by that officer for the defense of the western frontier the preservation of the lives and property of our who are settled upon that border country as well as the existence of the indian population which might be tempted by our want of preparation to rush on their own destruction and attack the white settlements all seem to require that this subject should be acted upon without delay and the war department authorized to place that country in a state of complete defense against any assault from the numerous and warlike tribes which are congregated on that border it affords me sincere pleasure to be able to apprise you of the entire removal of the cherokee nation of indians to their new homes west of the mississippi the measures authorized by congress at its last session with a view to the controversy with them have had the happiest effects by an agreement concluded with them by the commanding general in that country who has performed the duties assigned to him on the occasion with commendable energy and humanity their removal has been principally under the conduct of their own chiefs and they have emigrated without any apparent reluctance the successful accomplishment of this important object the removal also of the entire creek nation with the exception of a small number of fugitives amongst the seminoles in florida the progress already made toward a speedy completion of the removal of the chickasaws the choctaws the pottawatamies the ottawas and the chippewas with the extensive purchases of indian lands during the present year have rendered the speedy and successful result of the policy of the government upon the subject of indian affairs entirely certain the occasion is therefore deemed a proper one to place this policy in such a point of view as will exonerate the government of the united states from the undeserved reproach which has been cast upon it through several successive administrations that a mixed occupancy of the same territory by the white and red man is incompatible with the safety or happiness of either is a position in respect to which there has long since ceased to be room for a difference of opinion reason and experience have alike demonstrated its impracticability the bitter fruits of every attempt heretofore to overcome the barriers interposed by nature have only been destruction both physical and moral to the indian dangerous conflicts of authority between the federal and state governments and detriment to the individual prosperity of the citizen as well as to the general improvement of the country the remedial policy the principles of which were settled more than thirty years ago under the administration of jefferson consists in an extinction for a fair consideration of the title to all the lands still occupied by the indians within the states and territories of the united states their removal to a country west of the mississippi much more extensive and better adapted to their condition than that on which they then resided the guarantee to them by the united states of their exclusive possession of that country forever exempt from all intrusions by white men with ample provisions for their security against external violence and internal dissensions and the extension to them of suitable facilities for their advancement in civilization this has not been the policy of particular administrations only but of each in succession since the first attempt to carry it out under that of monroe all have labored for its accomplishment only with different degrees of success the manner of its execution has it is true from time to time given rise to conflicts of opinion and unjust imputations but in respect to the wisdom and necessity of the policy itself there has not from the beginning existed a doubt in the mind of any calm judicious disinterested friend of the indian race accustomed to reflection and enlightened by experience occupying the double character of contractor on its own account and guardian for the parties contracted with it was hardly to be expected that the dealings of the federal government with the indian tribes would escape misrepresentation that there occurred ill the early settlement of this country as in all others where the civilized race has succeeded to the possessions of the savage instances of oppression and fraud on the part of the former there is too much reason to believe no such offenses can however be justly charged upon this government since it became free to pursue its own course its dealings with the indian tribes have been just friendly throughout its efforts for their civilization constant and directed by the best feelings of humanity its watchfulness in protecting them from individual frauds unremitting its forbearance under the keenest provocations the deepest injuries and the most flagrant outrages may challenge at least a comparison with any nation ancient or modern in similar circumstances and if in future times a powerful civilized and happy nation of indians shall be found to exist within the limits of this northern continent it will be owing to the consummation of that policy which has been so unjustly assailed only a very brief reference to facts in confirmation of this assertion can in this form be given and you are therefore necessarily referred to the report of the secretary of war for further details to the cherokees whose case has perhaps excited the greatest share of attention and sympathy the united states have granted in fee with a perpetual guaranty of exclusive and peaceable possession acres of land on the west side of the mississippi eligibly situated in a healthy climate and in all respects better suited to their condition than the country they have left in exchange for only 160 acres on the east side of the same river the united states have in addition stipulated to pay them for their interest in and improvements on the lands thus relinquished and for subsistence and other beneficial purposes thereby putting it in their power to become one of the most wealthy and independent separate communities of the same extent in the world by the treaties made and ratified with the miamies the chippewas the sioux the sacs and foxes and the winnebagoes during the last year the indian title to acres has been extinguished these purchases have been much more extensive than those of any previous year and have with other indian expenses borne very heavily upon the treasury they leave however but a small quantity of unbought indian lands within the states and territories and the legislature and executive were equally sensible of the propriety of a final and more speedy extinction of indian titles within those limits the treaties which were with a single exception made in pursuance of previous appropriations for defraying the expenses have subsequently been ratified by the senate and received the sanction of congress by the appropriations necessary to carry them into effect of the terms upon which these important negotiations were concluded i can speak from direct knowledge and i feel no difficulty in affirming that the interest of the indians in the extensive territory embraced by them is to be paid for at its fair value and that no more favorable terms have been granted to the united states than would have been reasonably expected in a negotiation with civilized men fully capable of appreciating and protecting their own rights for the indian title to acres acquired since the 4th of march 1829 the united states have paid in permanent annuities lands reservations for indians expenses of removal and subsistence merchandise mechanical and agricultural establishments and implements when the heavy expenses incurred by the united states and the circumstance that so large a portion of the entire territory will be forever unsalable are considered and this price is compared with that for which the united states sell their own lands no one can doubt that justice has been done to the indians in these purchases also certain it is that the transactions of the federal government with the indians have been uniformly characterized by a sincere and paramount desire to promote their welfare and it must be a source of the highest gratification to every friend to justice and humanity to learn that not withstanding the obstructions from time to time thrown in its way and the difficulties which have arisen from the peculiar and impracticable nature of the indian character the wise humane and undeviating policy of the government in this the most difficult of all our relations foreign or domestic has at length been justified to the world in its near approach to a happy and certain consummation the condition of the tribes which occupy the country set apart for them in the west is highly prosperous and encourages the hope of their early civilization they have for the most part abandoned the hunter state and turned their attention to agricultural pursuits all those who have been established for any length of time in that fertile region maintain themselves by their own industry there are among them traders of no inconsiderable capital and planters exporting cotton to some extent but the greater number are small agriculturists living in comfort upon the produce of their farms the recent emigrants although they have in some instances removed reluctantly have readily acquiesced in their unavoidable destiny they have found at once a recompense for past sufferings and an incentive to industrious habits in the abundance and comforts around them there is reason to believe that all these tribes are friendly in their feelings toward the united states and it is to be hoped that the acquisition of individual wealth the pursuits of agriculture and habits of industry will gradually subdue their warlike propensities and incline them to maintain peace among themselves to effect this desirable object the attention of congress is solicited to the measures recommended by the secretary of war for their future government and protection as well from each other as from the hostility of the warlike tribes around them and the intrusions of the whites the policy of the government has given them a permanent home and guaranteed to them its peaceful and undisturbed possession it only remains to give them a government and laws which will encourage industry and secure to them the rewards of their exertions the importance of some form of government can not be too much insisted upon the earliest effects will be to diminish the causes and occasions for hostilities among the tribes to inspire an interest in the observance of laws to which they will have themselves assented and to multiply the securities of property and the motives for intimately connected with this subject is the establishment of the military defenses recommended by the secretary of war which have been already referred to without them the government will be powerless to redeem its pledge of protection to the emigrating indians against the numerous warlike tribes that surround them and to provide for the safety of the frontier settlers of the bordering states the case of the seminoles constitutes at present the only exception to the successful efforts of the government to remove the indians to the homes assigned them west of the mississippi four hundred of this tribe emigrated in 1836 and in 1837 and 1838 leaving in the country it is supposed about indians the continued treacherous conduct of these people the savage and unprovoked murders they have lately committed butchering whole families of the settlers of the territory without distinction of age or sex and making their way into the very center and heart of the country so that no part of it is free from their ravages their frequent attacks on the along that dangerous coast and the barbarity with which they have murdered the passengers and crews of such vessels as have been wrecked upon the reefs and keys which border the gulf leave the government no alternative but to continue the military operations against them until they are totally expelled from florida there are other motives which would urge the government to pursue this course toward the seminoles the united states have fulfilled in good faith all their treaty stipulations with the indian tribes and have in every other instance insisted upon a like performance of their obligations to relax from this salutary rule because the seminoles have maintained themselves so long in the territory they had relinquished and in defiance of their frequent and solemn engagements still continue to wage a ruthless war against the united states would not only evince a want of constancy on our part but be of evil example in our intercourse with other tribes experience has shown that but little is to be gained by the march of armies through a country so intersected with inaccessible swamps and marshes and which from the fatal character of the climate must be abandoned at the end of the winter i recommend therefore to your attention the plan submitted by the secretary of war in the accompanying report for the permanent occupation of the portion of the territory freed from the indians and the more efficient protection of the people of florida from their inhuman warfare from the report of the secretary of the navy herewith transmitted it will appear that a large portion of the disposable naval force is either actively employed or in a state of preparation for the purposes of experience and discipline and the protection of our commerce so effectual has been this protection that so far as the information of government extends not a single outrage has been attempted on a vessel carrying the flag of the united states within the present year in any quarter however distant or exposed the exploring expedition sailed from norfolk on the 19th of august last and information has been received of its safe arrival at the island of madeira the best spirit animates the officers and crews and there is every reason to anticipate from its efforts results beneficial to commerce and honorable to the nation it will also be seen that no reduction of the force now in commission is contemplated the unsettled state of a portion of south america renders it indispensable that our commerce should receive protection in that quarter the vast and increasing interests embarked in the trade of the indian and china seas in the whale fisheries of the pacific ocean and in the gulf of mexico require equal attention to their safety and a small squadron may be employed to great advantage on our atlantic coast in meeting sudden demands for the reenforcement of other stations in aiding merchant vessels in distress in affording active service to an additional number of officers and in visiting the different ports of the united states an accurate knowledge of which is obviously of the highest importance the attention of congress is respectfully called to that portion of the report recommending an increase in the number of smaller vessels and to other suggestions contained in that document the rapid increase and wide expansion of our commerce which is every day seeking new avenues of profitable adventure the absolute necessity of a naval force for its protection precisely in the degree of its extension a due regard to the national rights and honor the recollection of its former exploits and the anticipation of its future triumphs whenever opportunity presents itself which we may rightfully indulge from the experience of the past all seem to point to the navy as a most efficient arm of our national defense and a proper object of legislative encouragement the progress and condition of the department will be seen by reference to the report of the the extent of covered by mail contracts is stated to be miles and the annual transportation upon them miles the number of in the united states is and rapidly increasing the gross revenue for the year ending on the 30th day of june last was the accruing expenditures excess of expenditures this has been made up out of the surplus previously on hand the cash on hand on the 1st instant was the revenue for the year ending june 30 1838 was more than that for the year ending june 30 1837 the expenditures of the department had been graduated upon the anticipation of a largely increased revenue a moderate curtailment of mail service consequently became necessary and has been effected to shield the department against the danger of embarrassment its revenue is now improving and it will soon resume its onward course in the march of improvement your particular attention is requested to so much of the report as relates to the transportation of the mails upon railroads the laws on that subject do not seem adequate to secure that service now become almost essential to the public interests and at the same time protect the department from combinations and unreasonable demands nor can i too earnestly request your attention to the necessity of providing a more secure building for this department the danger of destruction to which its important books and papers are continually exposed as well from the highly combustible character of the building occupied as from that of others in the vicinity calls loudly for prompt action your attention is again earnestly invited to the suggestions and recommendations submitted at the last session in respect to the district of columbia i feel it my duty also to bring to your notice certain proceedings at law which have recently been prosecuted in this district in the name of the united states on the relation of stockton stokes of the state of maryland against the and which have resulted in the payment of money out of the national treasury for the first time since the establishment of the government by judicial compulsion exercised by the writ of mandamus issued by the circuit court of this district the facts of the case and the grounds of the proceedings will be found fully stated in the report of the decision and any additional information which you may desire will be supplied by the proper department no interference in the particular case is contemplated the money has been paid the claims of the prosecutors have been satisfied and the whole subject so far as they are concerned is finally disposed of but it is on the supposition that the case may be regarded as an authoritative exposition of the law as it now stands that i have thought it necessary to present it to your consideration the object of the application to the circuit court was to compel the to carry into effect an award made by the solicitor of the treasury under a special act of congress for the settlement of certain claims of the relators on the department which award the declined to execute in full until he should receive further legislative direction on the subject if the duty imposed on the by that law was to be regarded as one of an official nature belonging to his office as a branch of the executive then it is obvious that the constitutional competency of the judiciary to direct and control him in its discharge was necessarily drawn in question and if the duty so imposed on the was to be considered as merely ministerial and not executive it yet remained to be shown that the circuit court of this district had authority to interfere by mandamus such a power having never before been asserted or claimed by that court with a view to the settlement of these important questions the judgment of the circuit court was carried by a writ of error to the supreme court of the united states in the opinion of that tribunal the duty imposed on the was not an official executive duty but one of a merely ministerial nature the grave constitutional questions which had been discussed were therefore excluded from the decision of the case the court indeed expressly admitting that with powers and duties properly belonging to the executive no other department can by the writ of mandamus and the question therefore resolved itself into this has congress conferred upon the circuit court of this district the power to issue such a writ to an officer of the general government commanding him to perform a ministerial act a majority of the court have decided that it has but have rounded their decision upon a process of reasoning which in my judgment renders further legislative provision indispensable to the public interests and the equal administration of justice it has long since been decided by the supreme court that neither that tribunal nor the circuit courts of the united states held within the respective states possess the power in question but it is now held that this power denied to both of these high tribunals to the former by the constitution and to the latter by congress has been by its legislation vested in the circuit court of this district no such direct grant of power to the circuit court of this district is claimed but it has been held to result by necessary implication from several sections of the law establishing the court one of these sections declares that the laws of maryland as they existed at the time of the cession should be in force in that part of the district ceded by that state and by this provision the common law in civil and criminal cases as it prevailed in maryland in 1801 was established in that part of the district in england the court of king bench because the sovereign who according to the theory of the constitution is the fountain of justice originally sat there in person and is still deemed to be present in construction of law alone possesses the high power of issuing the writ of mandamus not only to inferior jurisdictions and corporations but also to magistrates and others commanding them in the king s name to do what their duty requires in cases where there is a vested right and no other specific remedy it has been held in the case referred to that as the supreme court of the united states is by the constitution rendered incompetent to exercise this power and as the circuit court of this district is a court of general jurisdiction in cases at common law and the highest court of original jurisdiction in the district the right to issue the writ of mandamus is incident to its powers another ground relied upon to maintain the power in question is that it was included by fair construction in the powers granted to the circuit courts of the united states by the act to provide for the more convenient organization of the courts of the united states passed 13th february 1801 that the act establishing the circuit court of this district passed the 27th day of february 1801 conferred upon that court and the judges thereof the same powers as were by law vested in the circuit courts of the united states and in the judges of the said courts that the repeal of the act which took place in the next year did not divest the circuit court of this district of the authority in dispute but left it still clothed with the powers over the subject which it is conceded were taken away from the circuit courts of the united states by the repeal of the act of 13th february 1801 admitting that the adoption of the laws of maryland for a portion of this district confers on the circuit court thereof in that portion the transcendent extrajudicial prerogative powers of the court of king bench in england or that either of the acts of congress by necessary implication authorizes the former court to issue a writ of mandamus to an officer of the united states to compel him to perform a ministerial duty the consequences are in one respect the same the result in either case is that the officers of the united states stationed in different parts of the united states are in respect to the performance of their official duties subject to different laws and a different supervision those in the states to one rule and those in the district of columbia to another and a very different one in the district their official conduct is subject to a judicial control from which in the states they are exempt whatever difference of opinion may exist as to the expediency of vesting such a power in the judiciary in a system of government constituted like that of the united states all must agree that these disparaging discrepancies in the law and in the administration of justice ought not to he permitted to continue and as congress alone can provide the remedy the subject is unavoidably presented to your consideration
congratulate favorable circumstances condition country reassemble performance official duties though anticipations abundant harvest everywhere realized yet whole labors husbandman rewarded bountiful return industry prospers various channels business enterprise general health prevails vast diversity climate nothing threatens abroad continuance external peace anything home impaired strength fraternal domestic ties constitute guaranty success permanency happy union formed hour peril hitherto honorably sustained every vicissitude national affairs blessings evince care beneficence providence call devout fervent gratitude less reason grateful bounties bestowed munificent hand exclusively present year closes first half century federal institutions system differing others acknowledged practical unlimited operation long period given sovereignty people fully tested experience constitution devised forefathers framework bond system untried become settled form government preserving protecting great principles upon rounded wonderfully promoting individual happiness private interests though subject change entire revocation whenever deemed inadequate purposes yet wisdom construction stable public sentiment remains unaltered except matters detail comparatively unimportant proved amply sufficient various emergencies incident condition nation formidable foreign war agitating collisions domestic respects rival sovereignties temptations interfere intestine commotions neighboring countries dangerous influences arise periods excessive prosperity antirepublican tendencies associated wealth trials less formidable encountered thus far successfully resisted reserved american union test advantages government entirely dependent continual exercise popular experience shown beneficent practice theory successive change made local institutions contributed extend right suffrage increased direct influence mass community given greater freedom individual exertion restricted powers government yet intelligence prudence patriotism people kept pace augmented responsibility country education widely diffused domestic peace nowhere largely reigned close bonds social intercourse instance prevailed harmony space vast forms religion united first time diffuse charity piety first time history nations totally untrammeled absolutely free deepest recesses wilderness penetrated yet instead rudeness social condition consequent upon adventures elsewhere numerous communities sprung already unrivaled prosperity general intelligence internal tranquillity wisdom political institutions internal improvement fruit individual enterprise fostered protection states added new links confederation fresh rewards provident industry doubtful questions domestic policy quietly settled mutual forbearance agriculture commerce manufactures minister taxation public debt burdens bear heavily upon countries pressed comparative lightness upon us without one entangling alliance friendship prized every nation rights citizens everywhere respected known guarded united sensitive watchful people practical operation institutions evident successful owe increased attachment among cheering exhibitions popular sentiment prove best security time come foreign domestic assault review results institutions half century without exciting spirit vain exultation serve impress upon us great principles sprung constant direct supervision people every public measure strict forbearance part government exercising doubtful disputed powers cautious abstinence interference concerns properly belong best left state regulations individual enterprise full information state foreign affairs recently different occasions submitted congress deem necessary bring notice events subsequently occurred importance require particular attention amicable dispositions continue exhibited nations government citizens united states habitual intercourse date last annual message mexico nation could included gratifying reference foreign relations happy able inform advance made toward adjustment differences republic restoration customary good feeling two nations important change effected conciliatory negotiations resulted conclusion treaty two governments ratified refer arbitrament friendly power subjects controversy us growing injuries individuals present also reason believe equitable settlement disputed points attained without difficulty unnecessary delay thus authorize free resumption diplomatic intercourse sister republic respect northeastern boundary united states official correspondence government great britain passed since communicated congress toward close last session offer negotiate convention appointment joint commission survey exploration however assured met majesty government conciliatory friendly spirit instructions enable british minister conclude arrangement transmitted without needless delay hoped expected instructions liberal character negotiation successful prove important step toward satisfactory final adjustment controversy hoped respect laws regard peace honor country ever characterized citizens united states would prevented portion using means promote insurrection territory power peace united states desirous maintaining friendly relations regret deeply however obliged inform case information given derived official sources many citizens united states associated together make hostile incursions territory canada aid abet insurrection violation obligations laws united states open disregard duties citizens information part confirmed hostile invasion actually made citizens united states conjunction canadians others accompanied forcible seizure property citizens application thereof prosecution military operations authorities people canada results criminal assaults upon peace order neighboring country expected fatally destructive misguided deluded persons engaged highly injurious whose behalf professed undertaken authorities canada intelligence received intended movements among citizens felt obliged take precautionary measures actually embodied militia assumed attitude repel invasion believed colonies exposed united states state feeling sides frontier thus produced called prompt vigorous interference insurrection existed canada amicable dispositions united states toward great britain well duty would lead maintain strict neutrality restrain citizens violations laws passed enforcement government recognizes still higher obligation repress attempts part citizens disturb peace country order prevails reestablished depredations citizens upon nations peace united states combinations committing times regarded american government people greatest abhorrence military incursions citizens countries situated commission acts violence members thereof order effect change government pretext whatever commencement government held equally criminal part engaged much deserving punishment would disturbance public peace perpetration similar acts within territory country persons invaluable principles international law principles strict observance indispensable preservation social order world earnestly cherished sacredly respected great good men first declared finally established independence country promulgated maintained early critical period history subsequently embodied legislative enactments highly penal character faithful enforcement hitherto trust always continue regarded duty inseparably associated maintenance national honor people united states feel interest spread political institutions free regard natural sincere solicitude success time good faith struggling acquisition imputed citizens crime entire freedom opinion undisguised expression thereof part government neither right trust disposition interfere whether interest honor united states requires made party struggle inevitable consequence war waged support question constitution wisely left congress alone decide laws already made criminal citizens embarrass anticipate decision unauthorized military operations part offenses character addition criminality violations laws country direct tendency draw upon citizens large multiplied evils foreign war expose injurious imputations good faith honor country deserve put promptitude decision mistaken confident counting cordial general concurrence sentiment copy proclamation felt duty issue herewith communicated hope good sense patriotism regard honor reputation country respect laws enacted government love order mass people long justly distinguished deter comparatively engaged prosecution desperate enterprises meantime existing laws continue faithfully executed every effort made carry full extent whether sufficient meet actual state things canadian frontier congress decide appear correspondence herewith submitted government russia declines renewal fourth article convention april 1824 united states imperial majesty third article agreed hereafter shall formed citizens united states authority said states establishment upon northwest coast america islands adjacent north 40 north latitude manner shall none formed russian subjects authority russia south parallel fourth article term ten years counting signature present convention ships powers belong citizens subjects respectively may reciprocally frequent without hindrance whatever interior seas gulfs harbors creeks upon coast mentioned preceding article purpose fishing trading natives country reasons assigned declining renew provisions article briefly use made citizens privileges secures supply indians spirituous liquors ammunition firearms traffic excluded russian trade supplies furnished united states injurious russian establishments northwest coast calculated produce complaints two governments imperial majesty thinks interest countries accede proposition made american government renewal article last referred correspondence herewith communicated show grounds upon contend citizens united states independent provisions convention 1824 right trade natives upon coast question unoccupied places liable however admitted time extinguished creation russian establishments points right denied russian government asserts operation treaty 1824 party agreed waive general right land vacant coasts respective sides degree latitude referred accepted lieu thereof mutual privileges mentioned fourth article capital tonnage employed citizens trade northwest coast america perhaps adverting official statements commerce navigation united states last years deemed inconsiderable amount attract much attention yet subject may respects deserve careful consideration congress regret state blockade principal ports eastern coast mexico consequence differences republic france instituted may last unfortunately still continues enforced competent french naval armament necessarily embarrassing trade gulf common nations every disposition however believed exist part french government render measure little onerous practicable interests citizens united states neutral commerce hoped early settlement difficulties france mexico soon reestablish harmonious relations formerly subsisting open ports republic vessels friendly nations convention marking part boundary united states republic texas extends mouth sabine red river concluded signed city 25th april last since ratified governments seasonable measures taken carry effect part united states application republic admission union made august 1837 declined reasons already made known formally withdrawn appear accompanying copy note minister plenipotentiary texas presented secretary state occasion exchange ratifications convention mentioned copies convention texas commercial treaty concluded king greece similar treaty confederation ratifications recently exchanged accompany message information congress legislative enactments may found necessary expedient relation either watch foster interests gradually increasing widely extended commerce guard rights american citizens business pleasure motives may tempt distant climes time cultivate sentiments mutual respect good experience proved beneficial international intercourse government united states deemed expedient time time establish diplomatic connections foreign states appointment representatives reside within respective territories gratified enabled announce since close last session relations opened happiest auspices austria two sicilies new nominations made respective missions russia brazil belgium sweden norway country minister extraordinary received accredited government argentine confederation exposition fiscal affairs government condition past year made secretary treasury available balance treasury 1st january next estimated receipts year customs lands probably amount usual sources revenue increased issue treasury notes less including interest principal outstanding end year sale one bonds bank united states aggregate means sources balance hand 1st january last applied payment appropriations congress whole expenditure year account including redemption eight millions treasury notes constitutes aggregate still leave treasury balance stated nearly treasury notes paid coming year addition ordinary appropriations support government purposes resources treasury undoubtedly sufficient charges upon increased beyond annual estimates excess however likely exist postponed installment surplus revenue deposited states considerable appropriations beyond estimates made without causing deficiency treasury great caution advisable times limiting appropriations wants public service rendered necessary present prospective rapid reduction tariff vigilant jealousy evidently excited among people occurrences last years assures us expect representatives sustain exercise rigid economy much effected postponing appropriations immediately required ordinary public service pressing emergency much reducing expenditures entire immediate accomplishment objects view indispensable call mind recent extreme embarrassments produced excessive issues bank paper aggravated unforeseen withdrawal much foreign capital inevitable derangement arising distribution surplus revenue among states required congress consider heavy expenses incurred removal indian tribes military operations florida account unusually large appropriations made last two annual sessions congress objects striking evidence present efficient state finances abundant resources country fulfill obligations less gratifying find general business community deeply affected reviving additional vigor chastened lessons past animated hopes future curtailment paper issues curbing sanguine adventurous spirit speculation honorable application available means fulfillment obligations confidence restored home abroad ease facility secured operations trade agency government producing results efficient powers means permitted withholding states deposit fourth installment leaving several millions long credits banks principally one section country immediately beneficial time aiding banks commercial communities sections postponing payment bonds duties amount four five millions dollars issue treasury notes means enable government meet consequences indulgences affording time facilities remittance exchange steadily declining employ general depositories public revenues receive notes banks refused redeem specie measures aided favorable action banks support cooperation large portion community witnessed early resumption specie payments great commercial capital promptly followed almost every part united states result alike salutary true interests agriculture commerce manufactures public morals respect laws confidence man man essential social relations contrast suspension 1814 1837 striking short duration latter prompt restoration business evident benefits resulting adherence government constitutional standard value instead sanctioning suspension receipt irredeemable paper advantages derived large amount specie introduced country previous 1837 afford valuable illustration true policy government crisis comparison fail remove impression national bank necessary emergencies specie payments resumed without aid exchanges also rapidly restored existed thereby showing private capital enterprise prudence fully adequate ends points experience seems confirmed views heretofore submitted congress saved mortification seeing distresses community third time seized fasten upon country dangerous institution may also hope business individuals hereafter relieved injurious effects continued agitation disturbing subject limited influence national bank averting derangement exchanges country compelling resumption specie payments less apparent tendency increase inordinate speculation sudden expansions contractions disposition create panic embarrassment promotion designs interference politics far greater power evil good either regard local institutions operations government respects apprehension opinion national bank first established stands confirmed humiliating experience scenes passed conclusively prove little commerce agriculture manufactures finances require institution dangers attendant power power trust never conferred american people upon government still less upon individuals responsible unavoidable abuses conviction necessity legislative provisions disbursement public moneys opinion regard measures best adapted accomplishment objects already submitted strengthened recent events full conviction time experience must still demonstrate propriety feel duty respectful deference conflicting views others invite attention exception limited sums deposited banks still employed act 1836 amounts received duties inconsiderable exceptions accruing lands also since general suspension specie payments deposit banks kept disbursed treasurer general legal powers subject superintendence secretary treasury propriety defining specifically regulating law exercise wide scope executive discretion already submitted congress change office collector one principal ports brought light defalcation gravest character particulars laid special report secretary treasury report accompanying documents seen weekly returns defaulting officer apparently exhibited throughout faithful administration affairs intrusted management however appears commenced abstracting public moneys shortly appointment continued progressively increasing amount term seven years embracing portion period public moneys deposited bank united states whole state bank deposit system concluding retirement office system substantially failed consequence suspension specie payments way defalcation long concealed steps taken indemnify united states far practicable loss also presented ease one imperatively claims attention congress furnishes strongest motive establishment severe secure system disbursement public moneys heretofore existed seems proper events early enactment similar countries application public money officer government private uses made felony visited severe ignominious punishment already effect law respect mint productive salutary results whatever system adopted enactment would wise independent measure since much public moneys must collection ultimate disbursement pass twice hands public officers whatever manner intermediately kept government must admitted commencement comparatively fortunate respect appointing power always well advised selections experience every country shown public officers times proof temptation duty therefore government owes well interests committed care officers provide every guard transgressions character consistent reason humanity congress jealous conduct intrusted public money shall times disposed encourage watchful discharge duty direct cooperation part congress supervision conduct officers intrusted custody application public money deemed desirable give pleasure assist establishment judicious constitutional plan object may accomplished wisdom determine upon propriety adopting plan upon measures necessary effectual execution late bank united states incorporated made depository public moneys right reserved congress inspect pleasure committee body books proceedings bank one states whose banking institutions supposed rank amongst first point stability subjected constant examination commissioners appointed purpose much success banking system attributed watchful supervision course also view beneficial operation adopted adjoining state favorably known care always bestowed upon whatever relates financial concerns submit consideration whether committee congress might profitably employed inspecting intervals might deemed proper affairs accounts officers intrusted custody public moneys frequent performance duty might made obligatory committee respect officers large sums possession left discretionary respect others might report executive defalcations found exist view prompt removal office unless default satisfactorily accounted report also congress commencement session result examinations proceedings appear subjection class public officers general supervision executive examinations committee congress periods previous notice prosecution punishment felony every breach trust public moneys might system proposed placed surer foundation ever occupied since establishment government secretary treasury lay additional information containing new details interesting subject ask early attention given rise great diversity opinion subject surprise collection custody public moneys many years connected made subsidiary advancement private interests return simple ordinances constitution could difficult time free discussion eliciting sentiments people aided conciliatory spirit ever characterized course great emergencies relied upon satisfactory settlement question already anticipation one important point least impropriety diverting public money private purposes fully realized reason suppose legislation upon branch subject would embarrassed difference opinion fail receive cordial support large majority constituents connection formerly existed government banks reality injurious well general interests community large aggravated disasters trade derangements commercial intercourse administered new excitements additional means wild reckless speculations disappointment threw country convulsions panic produced violence bloodshed imprudent expansion bank credits natural result command revenues state furnished resources unbounded license every species adventure seduced industry regular salutary occupations hope abundance without labor deranged social state tempting trades professions vortex speculation remote contingencies influence impeded also resources government curtailed useful operations embarrassed fulfillment obligations seriously interfered execution laws large appropriations oppressive taxes natural consequences connection since increase profits allowed use public funds make interest money accumulated expenditures multiplied thus concentrated money power tempted become active agent political affairs past experience shown side influence arrayed deceive suppose ever found asserting supporting rights community large opposition claims government whose distinguishing characteristic diffusion equalization benefits burdens advantage individuals augmented expense community large nature combinations acquisition legislative influence confine interference single object originally formed temptation extend matters contrary unfrequently strong resisted rightful influence direction public affairs mass people therefore slight danger sensibly injuriously affected giving comparatively small efficient class direct exclusive personal interest important portion legislation congress relates custody public moneys laws acting upon private interests always avoided confined within narrowest limits left wherever possible legislatures states thus restricted lead combinations powerful associations foster influence necessarily selfish turn fair course legislation sinister ends rather objects advance public liberty promote general good whole subject rests express hope definite measure adopted present session sure deemed place remark declaration views opposition policy employing banks depositories government funds justly construed indicative hostility official personal institutions repeat form connection subject opinions uniformly entertained proper occasions expressed though always opposed creation form exclusive privileges state magistrate aiming appropriate legislation secure community consequences occasional mismanagement yet ever wished see protected exercise rights conferred law never doubted utility properly managed promoting interests trade channel interests community general government present merely state institutions necessary connection legislation administration like state establishments may used conducting affairs government public policy general interests union may seem require safe proper principle upon intercourse government regulated regulates intercourse private citizen conferring mutual benefits government accomplish financial operation better aid banks without liberty seek aid would services private banker capitalist agent giving preference serve best terms ever exist interest officers general government inducing embarrass annoy state banks incur hostility class state institutions private citizens nature things hostility institutions spring source opposition course business except depart objects creation attempt usurp powers conferred upon subvert standard value established constitution opposition regular operations exist quarter resistance attempt make government dependent upon successful administration public affairs matter duty trust ever inclination matter motive consideration attempt may originate banks say late emergency firmly resisted strongest temptations extend paper issues apparently sustained suspension specie payments public opinion even though cases invited legislative enactments honorable course aided resistance general government acting obedience constitution laws united states introduction irredeemable paper medium may attributed great degree speedy restoration currency sound state business country wonted prosperity banks continue safe course content appropriate sphere avoid interference general government derive protection benefits bestows state establishments people states states true position secure confidence good people government lose leaping legitimate sphere attempt control legislation country pervert operations government purposes experience act passed last session grant preemption rights settlers public lands yet limited enable us pronounce safety upon efficacy provisions carry wise liberal policy government respect however best reason anticipate favorable results operation recommendations formerly submitted respect graduation price public lands remain finally acted upon found reason change views expressed attention respectfully requested every proper exertion made continued carry wishes congress relation tobacco trade indicated several resolutions house representatives legislation two branches favorable impression trust made different foreign countries particular attention directed although hope early change policy many convenient large revenue derived monopolies fabrication sale article yet monopolies really injurious people established revenue derived may less injuriously equal facility obtained another liberal system administration doubt efforts eventually crowned success persisted temperate firmness sustained prudent legislation recommending congress adoption necessary provisions session taking next census enumeration inhabitants united states suggestion presents whether scope measure might usefully extended causing embrace authentic statistical returns great interests specially intrusted necessarily affected legislation congress accompanying report secretary war presents satisfactory account state army several branches public service confided superintendence officer law increasing organizing military establishment united states nearly carried effect army extensively usefully employed past season would call notice subjects connected essential military defenses country submitted last session acted upon supposed want time important organization militia maritime inland frontiers measure deemed important believed furnish effective volunteer force aid regular army may form basis general system organization entire militia united states erection national foundry gunpowder manufactory one making small arms latter situated point west allegany mountains appear sufficient importance urged upon attention plan proposed secretary war distribution forces united states time peace well calculated promote regularity economy fiscal administration service preserve discipline troops render available maintenance peace tranquillity country view likewise recommend adoption plan presented officer defense western frontier preservation lives property settled upon border country well existence indian population might tempted want preparation rush destruction attack white settlements seem require subject acted upon without delay war department authorized place country state complete defense assault numerous warlike tribes congregated border affords sincere pleasure able apprise entire removal cherokee nation indians new homes west mississippi measures authorized congress last session view controversy happiest effects agreement concluded commanding general country performed duties assigned occasion commendable energy humanity removal principally conduct chiefs emigrated without apparent reluctance successful accomplishment important object removal also entire creek nation exception small number fugitives amongst seminoles florida progress already made toward speedy completion removal chickasaws choctaws pottawatamies ottawas chippewas extensive purchases indian lands present year rendered speedy successful result policy government upon subject indian affairs entirely certain occasion therefore deemed proper one place policy point view exonerate government united states undeserved reproach cast upon several successive administrations mixed occupancy territory white red man incompatible safety happiness either position respect long since ceased room difference opinion reason experience alike demonstrated impracticability bitter fruits every attempt heretofore overcome barriers interposed nature destruction physical moral indian dangerous conflicts authority federal state governments detriment individual prosperity citizen well general improvement country remedial policy principles settled thirty years ago administration jefferson consists extinction fair consideration title lands still occupied indians within states territories united states removal country west mississippi much extensive better adapted condition resided guarantee united states exclusive possession country forever exempt intrusions white men ample provisions security external violence internal dissensions extension suitable facilities advancement civilization policy particular administrations succession since first attempt carry monroe labored accomplishment different degrees success manner execution true time time given rise conflicts opinion unjust imputations respect wisdom necessity policy beginning existed doubt mind calm judicious disinterested friend indian race accustomed reflection enlightened experience occupying double character contractor account guardian parties contracted hardly expected dealings federal government indian tribes would escape misrepresentation occurred ill early settlement country others civilized race succeeded possessions savage instances oppression fraud part former much reason believe offenses however justly charged upon government since became free pursue course dealings indian tribes friendly throughout efforts civilization constant directed best feelings humanity watchfulness protecting individual frauds unremitting forbearance keenest provocations deepest injuries flagrant outrages may challenge least comparison nation ancient modern similar circumstances future times powerful civilized happy nation indians shall found exist within limits northern continent owing consummation policy unjustly assailed brief reference facts confirmation assertion form given therefore necessarily referred report secretary war details cherokees whose case perhaps excited greatest share attention sympathy united states granted fee perpetual guaranty exclusive peaceable possession acres land west side mississippi eligibly situated healthy climate respects better suited condition country left exchange 160 acres east side river united states addition stipulated pay interest improvements lands thus relinquished subsistence beneficial purposes thereby putting power become one wealthy independent separate communities extent world treaties made ratified miamies chippewas sioux sacs foxes winnebagoes last year indian title acres extinguished purchases much extensive previous year indian expenses borne heavily upon treasury leave however small quantity unbought indian lands within states territories legislature executive equally sensible propriety final speedy extinction indian titles within limits treaties single exception made pursuance previous appropriations defraying expenses subsequently ratified senate received sanction congress appropriations necessary carry effect terms upon important negotiations concluded speak direct knowledge feel difficulty affirming interest indians extensive territory embraced paid fair value favorable terms granted united states would reasonably expected negotiation civilized men fully capable appreciating protecting rights indian title acres acquired since 4th march 1829 united states paid permanent annuities lands reservations indians expenses removal subsistence merchandise mechanical agricultural establishments implements heavy expenses incurred united states circumstance large portion entire territory forever unsalable considered price compared united states sell lands one doubt justice done indians purchases also certain transactions federal government indians uniformly characterized sincere paramount desire promote welfare must source highest gratification every friend justice humanity learn withstanding obstructions time time thrown way difficulties arisen peculiar impracticable nature indian character wise humane undeviating policy government difficult relations foreign domestic length justified world near approach happy certain consummation condition tribes occupy country set apart west highly prosperous encourages hope early civilization part abandoned hunter state turned attention agricultural pursuits established length time fertile region maintain industry among traders inconsiderable capital planters exporting cotton extent greater number small agriculturists living comfort upon produce farms recent emigrants although instances removed reluctantly readily acquiesced unavoidable destiny found recompense past sufferings incentive industrious habits abundance comforts around reason believe tribes friendly feelings toward united states hoped acquisition individual wealth pursuits agriculture habits industry gradually subdue warlike propensities incline maintain peace among effect desirable object attention congress solicited measures recommended secretary war future government protection well hostility warlike tribes around intrusions whites policy government given permanent home guaranteed peaceful undisturbed possession remains give government laws encourage industry secure rewards exertions importance form government much insisted upon earliest effects diminish causes occasions hostilities among tribes inspire interest observance laws assented multiply securities property motives intimately connected subject establishment military defenses recommended secretary war already referred without government powerless redeem pledge protection emigrating indians numerous warlike tribes surround provide safety frontier settlers bordering states case seminoles constitutes present exception successful efforts government remove indians homes assigned west mississippi four hundred tribe emigrated 1836 1837 1838 leaving country supposed indians continued treacherous conduct people savage unprovoked murders lately committed butchering whole families settlers territory without distinction age sex making way center heart country part free ravages frequent attacks along dangerous coast barbarity murdered passengers crews vessels wrecked upon reefs keys border gulf leave government alternative continue military operations totally expelled florida motives would urge government pursue course toward seminoles united states fulfilled good faith treaty stipulations indian tribes every instance insisted upon like performance obligations relax salutary rule seminoles maintained long territory relinquished defiance frequent solemn engagements still continue wage ruthless war united states would evince want constancy part evil example intercourse tribes experience shown little gained march armies country intersected inaccessible swamps marshes fatal character climate must abandoned end winter recommend therefore attention plan submitted secretary war accompanying report permanent occupation portion territory freed indians efficient protection people florida inhuman warfare report secretary navy herewith transmitted appear large portion disposable naval force either actively employed state preparation purposes experience discipline protection commerce effectual protection far information government extends single outrage attempted vessel carrying flag united states within present year quarter however distant exposed exploring expedition sailed norfolk 19th august last information received safe arrival island madeira best spirit animates officers crews every reason anticipate efforts results beneficial commerce honorable nation also seen reduction force commission contemplated unsettled state portion south america renders indispensable commerce receive protection quarter vast increasing interests embarked trade indian china seas whale fisheries pacific ocean gulf mexico require equal attention safety small squadron may employed great advantage atlantic coast meeting sudden demands reenforcement stations aiding merchant vessels distress affording active service additional number officers visiting different ports united states accurate knowledge obviously highest importance attention congress respectfully called portion report recommending increase number smaller vessels suggestions contained document rapid increase wide expansion commerce every day seeking new avenues profitable adventure absolute necessity naval force protection precisely degree extension due regard national rights honor recollection former exploits anticipation future triumphs whenever opportunity presents may rightfully indulge experience past seem point navy efficient arm national defense proper object legislative encouragement progress condition department seen reference report extent covered mail contracts stated miles annual transportation upon miles number united states rapidly increasing gross revenue year ending 30th day june last accruing expenditures excess expenditures made surplus previously hand cash hand 1st instant revenue year ending june 30 1838 year ending june 30 1837 expenditures department graduated upon anticipation largely increased revenue moderate curtailment mail service consequently became necessary effected shield department danger embarrassment revenue improving soon resume onward course march improvement particular attention requested much report relates transportation mails upon railroads laws subject seem adequate secure service become almost essential public interests time protect department combinations unreasonable demands earnestly request attention necessity providing secure building department danger destruction important books papers continually exposed well highly combustible character building occupied others vicinity calls loudly prompt action attention earnestly invited suggestions recommendations submitted last session respect district columbia feel duty also bring notice certain proceedings law recently prosecuted district name united states relation stockton stokes state maryland resulted payment money national treasury first time since establishment government judicial compulsion exercised writ mandamus issued circuit court district facts case grounds proceedings found fully stated report decision additional information may desire supplied proper department interference particular case contemplated money paid claims prosecutors satisfied whole subject far concerned finally disposed supposition case may regarded authoritative exposition law stands thought necessary present consideration object application circuit court compel carry effect award made solicitor treasury special act congress settlement certain claims relators department award declined execute full receive legislative direction subject duty imposed law regarded one official nature belonging office branch executive obvious constitutional competency judiciary direct control discharge necessarily drawn question duty imposed considered merely ministerial executive yet remained shown circuit court district authority interfere mandamus power never asserted claimed court view settlement important questions judgment circuit court carried writ error supreme court united states opinion tribunal duty imposed official executive duty one merely ministerial nature grave constitutional questions discussed therefore excluded decision case court indeed expressly admitting powers duties properly belonging executive department writ mandamus question therefore resolved congress conferred upon circuit court district power issue writ officer general government commanding perform ministerial act majority court decided rounded decision upon process reasoning judgment renders legislative provision indispensable public interests equal administration justice long since decided supreme court neither tribunal circuit courts united states held within respective states possess power question held power denied high tribunals former constitution latter congress legislation vested circuit court district direct grant power circuit court district claimed held result necessary implication several sections law establishing court one sections declares laws maryland existed time cession force part district ceded state provision common law civil criminal cases prevailed maryland 1801 established part district england court king bench sovereign according theory constitution fountain justice originally sat person still deemed present construction law alone possesses high power issuing writ mandamus inferior jurisdictions corporations also magistrates others commanding king name duty requires cases vested right specific remedy held case referred supreme court united states constitution rendered incompetent exercise power circuit court district court general jurisdiction cases common law highest court original jurisdiction district right issue writ mandamus incident powers another ground relied upon maintain power question included fair construction powers granted circuit courts united states act provide convenient organization courts united states passed 13th february 1801 act establishing circuit court district passed 27th day february 1801 conferred upon court judges thereof powers law vested circuit courts united states judges said courts repeal act took place next year divest circuit court district authority dispute left still clothed powers subject conceded taken away circuit courts united states repeal act 13th february 1801 admitting adoption laws maryland portion district confers circuit court thereof portion transcendent extrajudicial prerogative powers court king bench england either acts congress necessary implication authorizes former court issue writ mandamus officer united states compel perform ministerial duty consequences one respect result either case officers united states stationed different parts united states respect performance official duties subject different laws different supervision states one rule district columbia another different one district official conduct subject judicial control states exempt whatever difference opinion may exist expediency vesting power judiciary system government constituted like united states must agree disparaging discrepancies law administration justice ought permitted continue congress alone provide remedy subject unavoidably presented consideration
congratulate favorable circumstance condition country reassemble performance official duty though anticipation abundant harvest everywhere realize yet whole labor husbandman reward bountiful return industry prospers various channel business enterprise general health prevails vast diversity climate nothing threaten abroad continuance external peace anything home impair strength fraternal domestic tie constitute guaranty success permanency happy union form hour peril hitherto honorably sustain every vicissitude national affair blessing evince care beneficence providence call devout fervent gratitude less reason grateful bounty bestow munificent hand exclusively present year close first half century federal institution system differ others acknowledge practical unlimited operation long period give sovereignty people fully test experience constitution devise forefather framework bond system untried become settled form government preserve protect great principle upon round wonderfully promote individual happiness private interest though subject change entire revocation whenever deem inadequate purpose yet wisdom construction stable public sentiment remain unaltered except matter detail comparatively unimportant prove amply sufficient various emergency incident condition nation formidable foreign war agitate collision domestic respect rival sovereignty temptation interfere intestine commotion neighbor country dangerous influence arise period excessive prosperity antirepublican tendency associate wealth trial less formidable encountered thus far successfully resist reserve american union test advantage government entirely dependent continual exercise popular experience show beneficent practice theory successive change make local institution contribute extend right suffrage increase direct influence mass community give great freedom individual exertion restrict power government yet intelligence prudence patriotism people keep pace augment responsibility country education widely diffuse domestic peace nowhere largely reign close bond social intercourse instance prevail harmony space vast form religion unite first time diffuse charity piety first time history nation totally untrammeled absolutely free deepest recess wilderness penetrate yet instead rudeness social condition consequent upon adventure elsewhere numerous community spring already unrivaled prosperity general intelligence internal tranquillity wisdom political institution internal improvement fruit individual enterprise foster protection state add new link confederation fresh reward provident industry doubtful question domestic policy quietly settle mutual forbearance agriculture commerce manufacture minister taxation public debt burden bear heavily upon country press comparative lightness upon u without one entangle alliance friendship prize every nation right citizen everywhere respect know guarded united sensitive watchful people practical operation institution evident successful owe increase attachment among cheer exhibition popular sentiment prove best security time come foreign domestic assault review result institution half century without excite spirit vain exultation serve impress upon u great principle spring constant direct supervision people every public measure strict forbearance part government exercise doubtful disputed power cautious abstinence interference concern properly belong best left state regulation individual enterprise full information state foreign affair recently different occasion submit congress deem necessary bring notice event subsequently occur importance require particular attention amicable disposition continue exhibit nation government citizen united state habitual intercourse date last annual message mexico nation could include gratify reference foreign relation happy able inform advance make toward adjustment difference republic restoration customary good feeling two nation important change effect conciliatory negotiation result conclusion treaty two government ratify refer arbitrament friendly power subject controversy u grow injury individual present also reason believe equitable settlement dispute point attain without difficulty unnecessary delay thus authorize free resumption diplomatic intercourse sister republic respect northeastern boundary united state official correspondence government great britain pass since communicate congress toward close last session offer negotiate convention appointment joint commission survey exploration however assure meet majesty government conciliatory friendly spirit instruction enable british minister conclude arrangement transmit without needless delay hop expect instruction liberal character negotiation successful prove important step toward satisfactory final adjustment controversy hop respect law regard peace honor country ever characterize citizen united state would prevent portion use mean promote insurrection territory power peace united state desirous maintain friendly relation regret deeply however oblige inform case information give derive official source many citizen united state associate together make hostile incursion territory canada aid abet insurrection violation obligation law united state open disregard duty citizen information part confirm hostile invasion actually make citizen united state conjunction canadian others accompany forcible seizure property citizen application thereof prosecution military operation authority people canada result criminal assault upon peace order neighbor country expect fatally destructive misguide deluded person engage highly injurious whose behalf profess undertaken authority canada intelligence receive intended movement among citizen felt obliged take precautionary measure actually embody militia assume attitude repel invasion believe colony expose united state state feeling side frontier thus produce call prompt vigorous interference insurrection exist canada amicable disposition united state toward great britain well duty would lead maintain strict neutrality restrain citizen violation law pass enforcement government recognizes still high obligation repress attempt part citizens disturb peace country order prevail reestablish depredation citizen upon nation peace united state combination commit time regarded american government people greatest abhorrence military incursion citizen country situate commission act violence member thereof order effect change government pretext whatever commencement government hold equally criminal part engage much deserving punishment would disturbance public peace perpetration similar act within territory country person invaluable principle international law principle strict observance indispensable preservation social order world earnestly cherish sacredly respect great good men first declare finally establish independence country promulgate maintain early critical period history subsequently embody legislative enactment highly penal character faithful enforcement hitherto trust always continue regarded duty inseparably associate maintenance national honor people united state feel interest spread political institution free regard natural sincere solicitude success time good faith struggle acquisition impute citizen crime entire freedom opinion undisguised expression thereof part government neither right trust disposition interfere whether interest honor united state require make party struggle inevitable consequence war wag support question constitution wisely leave congress alone decide law already make criminal citizen embarrass anticipate decision unauthorized military operation part offenses character addition criminality violation law country direct tendency draw upon citizen large multiply evils foreign war expose injurious imputation good faith honor country deserve put promptitude decision mistaken confident count cordial general concurrence sentiment copy proclamation felt duty issue herewith communicate hope good sense patriotism regard honor reputation country respect law enacted government love order mass people long justly distinguish deter comparatively engage prosecution desperate enterprise meantime exist law continue faithfully execute every effort make carry full extent whether sufficient meet actual state thing canadian frontier congress decide appear correspondence herewith submitted government russia decline renewal fourth article convention april 1824 united state imperial majesty third article agree hereafter shall form citizen united state authority say state establishment upon northwest coast america islands adjacent north 40 north latitude manner shall none form russian subject authority russia south parallel fourth article term ten year count signature present convention ship power belong citizen subject respectively may reciprocally frequent without hindrance whatever interior sea gulfs harbor creeks upon coast mention precede article purpose fishing trading native country reason assign decline renew provision article briefly use make citizen privilege secures supply indian spirituous liquor ammunition firearm traffic exclude russian trade supply furnish united state injurious russian establishment northwest coast calculate produce complaint two government imperial majesty think interest country accede proposition make american government renewal article last referred correspondence herewith communicate show ground upon contend citizen united state independent provision convention 1824 right trade native upon coast question unoccupied place liable however admitted time extinguish creation russian establishment point right deny russian government asserts operation treaty 1824 party agree waive general right land vacant coast respective side degree latitude refer accept lieu thereof mutual privilege mention fourth article capital tonnage employ citizen trade northwest coast america perhaps advert official statement commerce navigation unite state last year deem inconsiderable amount attract much attention yet subject may respect deserve careful consideration congress regret state blockade principal port eastern coast mexico consequence difference republic france institute may last unfortunately still continue enforced competent french naval armament necessarily embarrass trade gulf common nation every disposition however believe exist part french government render measure little onerous practicable interest citizen united state neutral commerce hop early settlement difficulty france mexico soon reestablish harmonious relation formerly subsist open port republic vessel friendly nation convention mark part boundary unite state republic texas extend mouth sabine red river conclude sign city 25th april last since ratified government seasonable measure take carry effect part unite state application republic admission union make august 1837 decline reason already make know formally withdraw appear accompany copy note minister plenipotentiary texas present secretary state occasion exchange ratification convention mention copy convention texas commercial treaty conclude king greece similar treaty confederation ratification recently exchange accompany message information congress legislative enactment may find necessary expedient relation either watch foster interest gradually increase widely extend commerce guard right american citizen business pleasure motif may tempt distant clime time cultivate sentiment mutual respect good experience prove beneficial international intercourse government unite state deem expedient time time establish diplomatic connection foreign state appointment representative reside within respective territory gratify enable announce since close last session relation open happy auspex austria two sicily new nomination make respective mission russia brazil belgium sweden norway country minister extraordinary receive accredited government argentine confederation exposition fiscal affair government condition past year make secretary treasury available balance treasury 1st january next estimate receipt year custom land probably amount usual source revenue increase issue treasury note less include interest principal outstanding end year sale one bond bank united state aggregate mean source balance hand 1st january last applied payment appropriation congress whole expenditure year account include redemption eight million treasury note constitutes aggregate still leave treasury balance state nearly treasury note pay come year addition ordinary appropriation support government purpose resource treasury undoubtedly sufficient charge upon increase beyond annual estimate excess however likely exist postpone installment surplus revenue deposit state considerable appropriation beyond estimate make without cause deficiency treasury great caution advisable time limit appropriation want public service render necessary present prospective rapid reduction tariff vigilant jealousy evidently excite among people occurrence last year assure u expect representative sustain exercise rigid economy much effect postponing appropriation immediately require ordinary public service press emergency much reduce expenditure entire immediate accomplishment object view indispensable call mind recent extreme embarrassment produce excessive issue bank paper aggravate unforeseen withdrawal much foreign capital inevitable derangement arise distribution surplus revenue among state require congress consider heavy expense incur removal indian tribe military operation florida account unusually large appropriation make last two annual session congress object strike evidence present efficient state finance abundant resource country fulfill obligation less gratify find general business community deeply affect revive additional vigor chasten lesson past animated hope future curtailment paper issue curb sanguine adventurous spirit speculation honorable application available mean fulfillment obligation confidence restore home abroad ease facility secure operation trade agency government produce result efficient power mean permitted withhold state deposit fourth installment leave several million long credit bank principally one section country immediately beneficial time aid bank commercial community section postpone payment bond duty amount four five million dollar issue treasury note mean enable government meet consequence indulgence afford time facility remittance exchange steadily decline employ general depository public revenue receive note bank refuse redeem specie measure aid favorable action bank support cooperation large portion community witness early resumption specie payment great commercial capital promptly follow almost every part unite state result alike salutary true interest agriculture commerce manufacture public moral respect law confidence man man essential social relation contrast suspension 1814 1837 strike short duration latter prompt restoration business evident benefit result adherence government constitutional standard value instead sanction suspension receipt irredeemable paper advantage derive large amount specie introduce country previous 1837 afford valuable illustration true policy government crisis comparison fail remove impression national bank necessary emergency specie payment resume without aid exchange also rapidly restore existed thereby show private capital enterprise prudence fully adequate end point experience seem confirmed view heretofore submit congress save mortification see distress community third time seize fasten upon country dangerous institution may also hope business individual hereafter relieve injurious effect continue agitation disturb subject limited influence national bank avert derangement exchange country compel resumption specie payment less apparent tendency increase inordinate speculation sudden expansion contraction disposition create panic embarrassment promotion design interference politics far great power evil good either regard local institution operation government respect apprehension opinion national bank first establish stand confirm humiliate experience scene pass conclusively prove little commerce agriculture manufacture finance require institution danger attendant power power trust never confer american people upon government still less upon individual responsible unavoidable abuse conviction necessity legislative provision disbursement public money opinion regard measure best adapted accomplishment object already submit strengthened recent event full conviction time experience must still demonstrate propriety feel duty respectful deference conflict view others invite attention exception limit sum deposit bank still employ act 1836 amount received duty inconsiderable exception accrue land also since general suspension specie payment deposit bank keep disbursed treasurer general legal power subject superintendence secretary treasury propriety define specifically regulate law exercise wide scope executive discretion already submit congress change office collector one principal port bring light defalcation grave character particular lay special report secretary treasury report accompany document see weekly return default officer apparently exhibit throughout faithful administration affair intrust management however appear commenced abstract public money shortly appointment continue progressively increase amount term seven year embrace portion period public money deposit bank united state whole state bank deposit system conclude retirement office system substantially fail consequence suspension specie payment way defalcation long conceal step take indemnify united state far practicable loss also present ease one imperatively claim attention congress furnishes strongest motive establishment severe secure system disbursement public money heretofore exist seem proper event early enactment similar country application public money officer government private us make felony visit severe ignominious punishment already effect law respect mint productive salutary result whatever system adopt enactment would wise independent measure since much public money must collection ultimate disbursement pas twice hand public officer whatever manner intermediately kept government must admit commencement comparatively fortunate respect appoint power always well advised selection experience every country show public officer time proof temptation duty therefore government owes well interest commit care officer provide every guard transgression character consistent reason humanity congress jealous conduct intrust public money shall time disposed encourage watchful discharge duty direct cooperation part congress supervision conduct officer intrust custody application public money deem desirable give pleasure assist establishment judicious constitutional plan object may accomplish wisdom determine upon propriety adopt plan upon measure necessary effectual execution late bank united state incorporate make depository public money right reserve congress inspect pleasure committee body book proceeding bank one state whose banking institution suppose rank amongst first point stability subject constant examination commissioner appoint purpose much success banking system attribute watchful supervision course also view beneficial operation adopt adjoin state favorably know care always bestow upon whatever relate financial concern submit consideration whether committee congress might profitably employ inspect interval might deem proper affair account officer intrust custody public money frequent performance duty might make obligatory committee respect officer large sum possession leave discretionary respect others might report executive defalcation find exist view prompt removal office unless default satisfactorily account report also congress commencement session result examination proceeding appear subjection class public officer general supervision executive examination committee congress period previous notice prosecution punishment felony every breach trust public money might system propose place surer foundation ever occupy since establishment government secretary treasury lay additional information contain new detail interest subject ask early attention give rise great diversity opinion subject surprise collection custody public moneys many year connect make subsidiary advancement private interest return simple ordinance constitution could difficult time free discussion elicit sentiment people aid conciliatory spirit ever characterize course great emergency rely upon satisfactory settlement question already anticipation one important point least impropriety divert public money private purpose fully realize reason suppose legislation upon branch subject would embarrass difference opinion fail receive cordial support large majority constituent connection formerly existed government bank reality injurious well general interest community large aggravate disaster trade derangement commercial intercourse administer new excitement additional mean wild reckless speculation disappointment throw country convulsion panic produce violence bloodshed imprudent expansion bank credit natural result command revenue state furnished resource unbounded license every specie adventure seduce industry regular salutary occupation hope abundance without labor derange social state tempt trade profession vortex speculation remote contingency influence impede also resource government curtail useful operation embarrass fulfillment obligation seriously interfered execution law large appropriation oppressive tax natural consequence connection since increase profit allow use public fund make interest money accumulate expenditure multiply thus concentrate money power tempt become active agent political affair past experience show side influence array deceive suppose ever find assert support right community large opposition claim government whose distinguish characteristic diffusion equalization benefit burden advantage individual augment expense community large nature combination acquisition legislative influence confine interference single object originally form temptation extend matter contrary unfrequently strong resist rightful influence direction public affair mass people therefore slight danger sensibly injuriously affected give comparatively small efficient class direct exclusive personal interest important portion legislation congress relate custody public money law act upon private interest always avoid confine within narrow limit leave wherever possible legislature state thus restrict lead combination powerful association foster influence necessarily selfish turn fair course legislation sinister end rather object advance public liberty promote general good whole subject rest express hope definite measure adopt present session sure deem place remark declaration view opposition policy employ bank depository government fund justly construe indicative hostility official personal institution repeat form connection subject opinion uniformly entertain proper occasion express though always oppose creation form exclusive privilege state magistrate aim appropriate legislation secure community consequence occasional mismanagement yet ever wish see protect exercise right confer law never doubt utility properly manage promote interest trade channel interest community general government present merely state institution necessary connection legislation administration like state establishment may use conduct affair government public policy general interest union may seem require safe proper principle upon intercourse government regulate regulates intercourse private citizen confer mutual benefit government accomplish financial operation well aid bank without liberty seek aid would service private banker capitalist agent give preference serve best term ever exist interest officer general government induce embarrass annoy state bank incur hostility class state institution private citizen nature thing hostility institution spring source opposition course business except depart object creation attempt usurp power confer upon subvert standard value establish constitution opposition regular operation exist quarter resistance attempt make government dependent upon successful administration public affair matter duty trust ever inclination matter motive consideration attempt may originate bank say late emergency firmly resist strong temptation extend paper issue apparently sustain suspension specie payment public opinion even though case invite legislative enactment honorable course aid resistance general government act obedience constitution law united state introduction irredeemable paper medium may attribute great degree speedy restoration currency sound state business country wonted prosperity bank continue safe course content appropriate sphere avoid interference general government derive protection benefit bestow state establishment people state state true position secure confidence good people government lose leap legitimate sphere attempt control legislation country pervert operation government purpose experience act pass last session grant preemption right settler public land yet limit enable u pronounce safety upon efficacy provision carry wise liberal policy government respect however best reason anticipate favorable result operation recommendation formerly submit respect graduation price public land remain finally act upon find reason change view express attention respectfully request every proper exertion make continued carry wish congress relation tobacco trade indicate several resolution house representative legislation two branch favorable impression trust make different foreign country particular attention direct although hope early change policy many convenient large revenue derive monopoly fabrication sale article yet monopoly really injurious people establish revenue derive may less injuriously equal facility obtain another liberal system administration doubt effort eventually crown success persist temperate firmness sustain prudent legislation recommend congress adoption necessary provision session take next census enumeration inhabitant united state suggestion present whether scope measure might usefully extend cause embrace authentic statistical return great interest specially intrust necessarily affect legislation congress accompany report secretary war present satisfactory account state army several branch public service confide superintendence officer law increase organize military establishment unite state nearly carry effect army extensively usefully employ past season would call notice subject connect essential military defense country submit last session act upon suppose want time important organization militia maritime inland frontier measure deem important believe furnish effective volunteer force aid regular army may form basis general system organization entire militia unite state erection national foundry gunpowder manufactory one make small arm latter situate point west allegany mountain appear sufficient importance urge upon attention plan propose secretary war distribution force united state time peace well calculated promote regularity economy fiscal administration service preserve discipline troop render available maintenance peace tranquillity country view likewise recommend adoption plan present officer defense western frontier preservation live property settle upon border country well existence indian population might tempt want preparation rush destruction attack white settlement seem require subject act upon without delay war department authorize place country state complete defense assault numerous warlike tribe congregate border affords sincere pleasure able apprise entire removal cherokee nation indians new home west mississippi measure authorize congress last session view controversy happiest effect agreement conclude command general country perform duty assign occasion commendable energy humanity removal principally conduct chief emigrate without apparent reluctance successful accomplishment important object removal also entire creek nation exception small number fugitive amongst seminole florida progress already make toward speedy completion removal chickasaw choctaw pottawatamies ottawas chippewas extensive purchase indian land present year render speedy successful result policy government upon subject indian affair entirely certain occasion therefore deem proper one place policy point view exonerate government unite state undeserved reproach cast upon several successive administration mixed occupancy territory white red man incompatible safety happiness either position respect long since ceased room difference opinion reason experience alike demonstrate impracticability bitter fruit every attempt heretofore overcome barrier interposed nature destruction physical moral indian dangerous conflict authority federal state government detriment individual prosperity citizen well general improvement country remedial policy principle settle thirty year ago administration jefferson consist extinction fair consideration title land still occupy indian within state territory united state removal country west mississippi much extensive better adapt condition reside guarantee united state exclusive possession country forever exempt intrusion white men ample provision security external violence internal dissension extension suitable facility advancement civilization policy particular administration succession since first attempt carry monroe labor accomplishment different degree success manner execution true time time give rise conflict opinion unjust imputation respect wisdom necessity policy begin exist doubt mind calm judicious disinterested friend indian race accustom reflection enlighten experience occupy double character contractor account guardian party contract hardly expect dealing federal government indian tribe would escape misrepresentation occur ill early settlement country others civilize race succeed possession savage instance oppression fraud part former much reason believe offenses however justly charge upon government since become free pursue course dealing indian tribe friendly throughout effort civilization constant direct best feeling humanity watchfulness protect individual fraud unremitting forbearance keen provocation deepest injury flagrant outrage may challenge least comparison nation ancient modern similar circumstance future time powerful civilized happy nation indian shall find exist within limit northern continent owe consummation policy unjustly assail brief reference fact confirmation assertion form give therefore necessarily referred report secretary war detail cherokee whose case perhaps excite great share attention sympathy united state grant fee perpetual guaranty exclusive peaceable possession acre land west side mississippi eligibly situate healthy climate respect well suit condition country leave exchange 160 acre east side river united state addition stipulate pay interest improvement land thus relinquish subsistence beneficial purpose thereby put power become one wealthy independent separate community extent world treaty make ratified miamies chippewas sioux sac fox winnebagoes last year indian title acre extinguish purchase much extensive previous year indian expense bear heavily upon treasury leave however small quantity unbought indian land within state territory legislature executive equally sensible propriety final speedy extinction indian title within limit treaty single exception make pursuance previous appropriation defray expense subsequently ratify senate receive sanction congress appropriation necessary carry effect term upon important negotiation conclude speak direct knowledge feel difficulty affirm interest indian extensive territory embrace pay fair value favorable term grant united state would reasonably expect negotiation civilize men fully capable appreciate protect right indian title acre acquire since 4th march 1829 united state pay permanent annuity land reservation indian expense removal subsistence merchandise mechanical agricultural establishment implement heavy expense incur united state circumstance large portion entire territory forever unsalable consider price compare united state sell land one doubt justice do indians purchase also certain transaction federal government indian uniformly characterize sincere paramount desire promote welfare must source high gratification every friend justice humanity learn withstand obstruction time time thrown way difficulty arise peculiar impracticable nature indian character wise humane undeviating policy government difficult relation foreign domestic length justify world near approach happy certain consummation condition tribe occupy country set apart west highly prosperous encourages hope early civilization part abandon hunter state turn attention agricultural pursuit establish length time fertile region maintain industry among trader inconsiderable capital planter export cotton extent great number small agriculturist live comfort upon produce farm recent emigrant although instance remove reluctantly readily acquiesce unavoidable destiny find recompense past suffering incentive industrious habit abundance comfort around reason believe tribe friendly feeling toward united state hop acquisition individual wealth pursuit agriculture habit industry gradually subdue warlike propensity incline maintain peace among effect desirable object attention congress solicit measure recommend secretary war future government protection well hostility warlike tribes around intrusion white policy government give permanent home guarantee peaceful undisturbed possession remain give government law encourage industry secure reward exertion importance form government much insist upon early effect diminish cause occasion hostility among tribes inspire interest observance law assent multiply security property motif intimately connect subject establishment military defense recommend secretary war already refer without government powerless redeem pledge protection emigrate indian numerous warlike tribe surround provide safety frontier settler border state case seminoles constitutes present exception successful effort government remove indian home assign west mississippi four hundred tribe emigrate 1836 1837 1838 leave country suppose indian continue treacherous conduct people savage unprovoked murder lately commit butchering whole family settler territory without distinction age sex make way center heart country part free ravage frequent attack along dangerous coast barbarity murder passenger crew vessel wreck upon reef key border gulf leave government alternative continue military operation totally expel florida motif would urge government pursue course toward seminole united state fulfil good faith treaty stipulation indian tribe every instance insist upon like performance obligation relax salutary rule seminole maintain long territory relinquish defiance frequent solemn engagement still continue wage ruthless war united state would evince want constancy part evil example intercourse tribe experience show little gain march army country intersect inaccessible swamp marsh fatal character climate must abandon end winter recommend therefore attention plan submit secretary war accompany report permanent occupation portion territory freed indian efficient protection people florida inhuman warfare report secretary navy herewith transmit appear large portion disposable naval force either actively employed state preparation purpose experience discipline protection commerce effectual protection far information government extend single outrage attempt vessel carry flag united state within present year quarter however distant expose explore expedition sail norfolk 19th august last information receive safe arrival island madeira best spirit animate officer crew every reason anticipate effort result beneficial commerce honorable nation also see reduction force commission contemplate unsettled state portion south america render indispensable commerce receive protection quarter vast increase interest embark trade indian china sea whale fishery pacific ocean gulf mexico require equal attention safety small squadron may employ great advantage atlantic coast meeting sudden demand reenforcement station aid merchant vessel distress afford active service additional number officer visit different port unite state accurate knowledge obviously high importance attention congress respectfully call portion report recommend increase number small vessel suggestion contain document rapid increase wide expansion commerce every day seek new avenue profitable adventure absolute necessity naval force protection precisely degree extension due regard national right honor recollection former exploit anticipation future triumph whenever opportunity present may rightfully indulge experience past seem point navy efficient arm national defense proper object legislative encouragement progress condition department see reference report extent covered mail contract state mile annual transportation upon mile number united state rapidly increase gross revenue year end 30th day june last accruing expenditure excess expenditure make surplus previously hand cash hand 1st instant revenue year end june 30 1838 year end june 30 1837 expenditure department graduate upon anticipation largely increase revenue moderate curtailment mail service consequently become necessary effect shield department danger embarrassment revenue improve soon resume onward course march improvement particular attention request much report relate transportation mail upon railroad law subject seem adequate secure service become almost essential public interest time protect department combination unreasonable demand earnestly request attention necessity provide secure building department danger destruction important book paper continually expose well highly combustible character build occupy others vicinity call loudly prompt action attention earnestly invite suggestion recommendation submit last session respect district columbia feel duty also bring notice certain proceeding law recently prosecute district name united state relation stockton stokes state maryland result payment money national treasury first time since establishment government judicial compulsion exercise writ mandamus issue circuit court district facts case ground proceeding find fully state report decision additional information may desire supply proper department interference particular case contemplate money pay claim prosecutor satisfy whole subject far concern finally disposed supposition case may regard authoritative exposition law stand thought necessary present consideration object application circuit court compel carry effect award make solicitor treasury special act congress settlement certain claim relators department award decline execute full receive legislative direction subject duty impose law regard one official nature belong office branch executive obvious constitutional competency judiciary direct control discharge necessarily draw question duty impose consider merely ministerial executive yet remain show circuit court district authority interfere mandamus power never assert claimed court view settlement important question judgment circuit court carry writ error supreme court unite state opinion tribunal duty impose official executive duty one merely ministerial nature grave constitutional question discuss therefore excluded decision case court indeed expressly admit power duty properly belong executive department writ mandamus question therefore resolve congress confer upon circuit court district power issue writ officer general government command perform ministerial act majority court decide rounded decision upon process reason judgment render legislative provision indispensable public interest equal administration justice long since decide supreme court neither tribunal circuit court unite state hold within respective state possess power question hold power deny high tribunal former constitution latter congress legislation vest circuit court district direct grant power circuit court district claim hold result necessary implication several section law establish court one section declare law maryland exist time cession force part district cede state provision common law civil criminal case prevail maryland 1801 establish part district england court king bench sovereign accord theory constitution fountain justice originally sit person still deem present construction law alone possess high power issue writ mandamus inferior jurisdiction corporation also magistrates others command king name duty require case vest right specific remedy hold case refer supreme court unite state constitution render incompetent exercise power circuit court district court general jurisdiction case common law high court original jurisdiction district right issue writ mandamus incident power another ground rely upon maintain power question include fair construction power grant circuit court unite state act provide convenient organization court unite state pass 13th february 1801 act establish circuit court district pass 27th day february 1801 confer upon court judge thereof power law vest circuit court united state judge say court repeal act take place next year divest circuit court district authority dispute leave still clothe power subject concede take away circuit court united state repeal act 13th february 1801 admit adoption law maryland portion district confers circuit court thereof portion transcendent extrajudicial prerogative power court king bench england either act congress necessary implication authorize former court issue writ mandamus officer united state compel perform ministerial duty consequence one respect result either case officer unite state station different part unite state respect performance official duty subject different law different supervision state one rule district columbia another different one district official conduct subject judicial control state exempt whatever difference opinion may exist expediency vest power judiciary system government constitute like united state must agree disparage discrepancy law administration justice ought permit continue congress alone provide remedy subject unavoidably present consideration