The Sun.
London, England, 1838-12-22 00:00:00

THE SUN, LONDON, SATURDAY, DECEMBER 22, 1838.

By no country or persons have these invaluable princi-
ples of internationnl 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, re-
garded as a duty inseparably associated with the mainte-
nance of our national honour. That the people of the
United States should feel an interest in the spread of poli-
tical institutions as free as they regard their own to be, is
natural ; nor can a sincere solicitue 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 expres-
sion thereof on their part, the Government has neither the
right, nor, I trust, the disposition to interfere.

But whether the interest or the honour of the United
States require that they should be made a party to any
such struggle, and, by inevitable consequence, to the war
wiich is waged in its support, is a question which, by our
Constitution, is wisely left to Congress alone to decide.l It
is, by the laws, already made criminal in our citizens to
embarrass or anticipate that decision by unauthorised mili-
tary operations on their part. Offences 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
honour of the country. As such they deserve to be put
down with promptitude and decision. I cannot be mis-
taken, I am confident, in counting on the cordial and gene-
ral 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 cannot but hope that the good sense and patriotism,
the regard for the honour 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 en-
gaged in them from a further prosecution of such desperate
enterprises. In the mean time, 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 sub-
mitted, that the Government of Russia declines a renewal
of the fourth article of the Convention of April, 1824, be-
tween 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 deg. 40 min. 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 pa-
rallel ;" 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, harbours, and creeks upon the coast mentioned in the
preceding article, for the purpose of fishing and trading
with the natives of the country." The reason assigned for
declining to renew the provisions of this article, are briefly,
thatlthe only use made by our citizens of the privilege it
secures to them, has been to supply the Indians with spi-
rituous liquors, ammunition, and fire-arms ; that this traffic
has been excluded from the Russian trade ; and as the sup-
plies furnished from the United States are injurious to the
Russian establishments on the north-west coast, and cal-
culated to produce complaints between the two Govern-
ments, 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 ground 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 crea-
tion 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 referredto, and
accepted in lieu thereof, the mutual privileges mentioned in
the 4th article. The capital and tonnage employed by
our citizens in their trade with the north west coast of
America, will, perhaps, on adverting to the official state-
ments 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 Con-

gross.

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 force, and is necessarily embarrass-
ing 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
re-establish 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 Govern-
ments ; 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 1e37, and which was declined, for
reasons already made known to you, has been form Illy
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 ratifica-
tions 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 expe-
dient, in relation to either of them.

TO watch over and foster the interests of a gradually in-
creasing 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 goodwill which experience has proved so beneficial in
international intercourse, the Government of the United
States has deemed it expedient, from time to time, to esta-
blish diplomatic connections with different foreign states,
by the appointment of representatives to reside within their
respective territories. lam gratified to be enabled to an-
nounce to you, that since the close of your last Session,
these relations have been opened under the happiest aus-
pices rvith Austria and the Two Sicilies ; that new nomina-
tions 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 Con-
federation.

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 Ist of
January next, is estimated at 2,765,342 dollars. The re-
ceipts of the year, from customs and lands, will probably
amount to 20,615,598 dollars. These usual sources of re-
venue have been increased by an issue of Treasury notes,
of which less than eight millions of dollars, including inte-
rest 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 dollars. The aggregate
of means from these and other sources, with the balance on
hand on the Ist of January last, has been applied to the
payment of appropriations by Congress. The whole ex-
penditure for the year on their account, including the re-
demption of more than eight millions of Treasury notes,
constitutes an aggregate of about forty millions of dollars,
and will still leave in the Treasury the balance before stated.
Nearly eight millions of dollars of Treasury notes are to
be paid the coming year, in addition to the ordinary appro-
priations 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 usual estimates. No excess, however, is likely to exist ;
nor can the postponed instalment of the surplus revenue be
deposited with the States, nor any considerable appropria-
tions beyond the estimates be made, without causing a defi-
ciency 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 jea-
lousy 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
mast rigid economy. Much can be effected by postponing

appropriations not immediately required for the public ser-
vice, or for any pressing emergency ; and much by reducing
the expenditures where the entire and immediate accom-
plishment of the objects in view is not indispensable.
When we call to mind the recent and extreme embarrass-
ments
produced by excessive issues of bank paper, aggra-
vated by the unforeseen withdrawal of much foreign capital,
and the inevitable derangement arising from the distribution
of the surplus revenue among the States, es 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 appropria-
tions 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 fulfil all its obligations. Nor is it less grati-
fying to find that the general business of the community,
deeply affected as it has been, is reviving with additional
vigour, 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 honourable application of all avail-
able means to the fulfilment of obligations, confidence has
been restored both at home and abroad, and case and faci-
lity secured to all the operations of trade.
The agency of the Government in producing these re-
sults has been us efficient as its powers and means per-
mitted. By withholding from the States the deposits of
the fourth instalment, 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 Govern-
ment to meet the consequencesof their indulgences,but afford-
ing at the same time facilities for remittance and exchange ;
and by steadily declining to employ as general depositories
of the public revenues, or receiving the notes of all banks
which refuted to redeem their notes with specie : by
these measures, aided by the favourable action of some
of the banks, and by the support and co-operation of a
large portion of the community, we have witnessed an
early resumption of specie payments in our great com-
mercial 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 manufac-
tures ; to public morals, respect for the laws, and that con-
fidence 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 de-
rived 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 na-
tional 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. Oii all these
points experience seems to have confirmed the views here-
tofore 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 dan-
gerous an institution ; and we may also hope that the busi-
ness of individuals will hereafter be relieved from the inju-
rious effects of a continued agitation of that disturbing sub-
ject. The limited influence of a national bank is averting
derangement in the exchanges of the country, or in com-
pelling the resumption of specie payments, is now not less
apparent than its tendency to increase inordinate specula-
tion by sudden expansions and contractions ; its disposition
to create panic and embarra-sment ibr the promotion of its
own designs ; its interference with politics ; and its far
greater power for evil than for goof, 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, anti still less upon
individuals not responsible to them for its unavoidable abuses.
My conviction of the necessity of further legislative pro-
visions for the safe keeping and disbursement of the public
monies, 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, agai❑ to invite 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 excep-
tions, those accruing from lands also, have, since the gene.
ral suspension of specie payments by the deposit banks,
been kept and disbursed by the Treasurer, under his gene-
ral 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 sub-
mitted to Congress.
A change in the office of collector at one of our principal
ports has brought to light a defalcation of the gravest cha-
racter, 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 exhi-
bited, throughout, a faithful administration of the affairs en-
trusted to his management. It, however, now appears that
he commenced abstracting the public moneys shortly after
his appointment, and continued to do so, progressively in-
creasing 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 con-
cluding 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 case is one which imperatively claims the attention of
Congress, and furnishes the strongest motive for the esta-
blishment 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 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 dis-
bursement, pass twice through the hands of public officers,
in whatever manner they are immediately kept. The
Government, it must be admitted, has been from its com-
mencement comparatively fortunate in this respect. But
the appointing power cannot always be well advised in
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 as 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 cannot be too jealous of the con-
duct of those who arc intrusted with the public money,
and I shall at all times be disposed to encourage a watchful
discharge of this duty. If a most direct co-operation 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 plea-
sure to assist in the establishment of any judicious and con-
stitutional plan by which that object may be accomplished.
determine upon the propriety of
upon the measure necessary to its
aYdooup
tvisnigl I ,siunctoau r
plan,wisdaonmd,
effectual execution. _

When the late Bank of the United States was incor-
porated, and made the depository of the public moneys, a
right was reserved to Congress to inspect, as its pleasure
by a committee of that body, the books and the proceed-
ings of the bank. In one of the States, whose banking
institutions arc 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, favourably known for the care it has
always bestowed upon whatever relates to its financial con-
cerns. I submit to your consideration whether a Com-
mittee of Congress might not be profitably employed in in-
specting at such intervals as might be deemed proper, the
affairs and accounts of officers entrusted with the custody
of the public moneys. The frequent performance of this
duty might be male obliga'ory on the Committee in respect
to those officers who have large sums in tho. possession,
and left discretionary in respect to others. They might
report to the executive such defalcations as were tG.l'd to
exist, with a view to a prompt removal from office, unless
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 nctice, and to presecuticn anti punishment
as for felony of every breach of trust, the safe keeping of
the public moneys, under the system proposed, might 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 addi-
tional information, containing new details on this interest-
ing subject. To these I ask your early attention. That it
should have given rise to great diversity of opinion cannot
be a subject of surprise. After the collection and custody
of the public moneys had been for so many years connected
with, and subsidiary to, the advancement of private in-
terests, a return to the simple and 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 cha-
racterised 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 realised. There is no reason to suppose that legis-
lation upon that branch of the subject would now be em-
barrassed 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 excitement and addi-
tional means to wild and reckless speculations, the disap-
pointments of which threw the country into convulsions of
panics, and all but produced violence and bloodshed. The
imprudent expansions of bank credits, which was the na-
tural 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
labour, and deranged the social state by tempting all trades
and professions into the vortex of speculation on remote
contingencies.

'I he wide-spreading influence impeded also the re-
sources of the Government, curtailed its useful operations,
embarrassed the fulfilment of its obligations, and seriously
interfered with the execution of the laws. Large appropria-
tions 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 mass of the people. 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 influence, in the direction of public
affairs, of the community at large, 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 cus-
tody of the public moneys. If laws acting upon private
interests cannot 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 ad-
vance public liberty, and promote the general good.
Tile whole subject now rests wale you, and I cannot hut
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 oppo-
sition to the policy of employing banks as depositories of
the Government funds, cannot be justly construed as indi-
cative of hostility, official or personal, to those institutions ;
or to repeat, in this form, and in connection with this sub-
ject, 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 flair occa-
sional 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 estab-
tosroilaihnai
teto,laail
vpel
uoitrprnplrneodrhsersepeitnbofb,ense,tfrso,tpfn
principle
eccyi
pu iaouynp Government,ombina
ywu
isosl
eise
eedpimi
notbtrioli
iecirnrepoqiotnul
iticeriyern.caoconductingnu(rriis,lintercourse
eh eo r
withln
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fal
the
Government can be regulated, is that which regulates their
intercourse with the private citizen—the concurring of mu-
tual benefits.
e
better
preference
private
et
aehentercb
edi
wbnetkiwith
banker, Government
ryi
htt
hoooesrseseek
who
kdhcheat
oorhn
fa
wtati accomplish mabs
esop capitalistsrnli
vi
tksehsw
or
ruit
would
dfiogn financial
without,ahn net agents,
the best
ipceneesigtst-
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 those 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 cannot 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 app.rently
sustained in a suspension of specie payments by public opinion,
even though in some cases invited by legislative enactment.
To this honourable 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 irre-
deemable paper medium, may be attributed, in a great de-
gree, 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 course, and
be content in their appropriate sphere, and avoid all inter-
ference 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
cannot but secure the confidence and good will of the
people and the Government, which they only lose when,
leaping from their legitimate sphere, they attempt to con-
troul the legislation of the country, and pervert the opera-
tions of the Government to their own purposes.
Our experience under the Act passed at the last Session,
to grant pre-emption 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 favourable
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
r op
etor exertion
ris
nh
againas been m
respectfully
ade o
nd will requested.i ibe
Every p c n -
tinned, 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 favourable impression has, I trust, been
made in the different foreign countries to which particular
attention a
nearly change
their policy, ; anlcy, a
dialthosug inh cannotmwoecyof
tm a
hehope
for
thee
onvfeanbireicnattaionnd
andla rg e
salere revenue ut e h
iiss
article,derived
yet, as
thesemonopolies
mono-
poliesn
are really injurious to the people where they are esta-
blished, and the revenue derived from them may be less
injuriously and with equal facility obtained from another
and a liberal system of administration, we cannot doubt
that our efforts will be eventually crowned with success, if
persisted in with temperate firmness, and sustained by pru-
dent legislation.
In recommending to Congress the adoption of the neces-
sary 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
entrusted to, or necessarily affected by, the legislation of
Congress.

The accompanying report of the Secretary at War pre-
sents 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 organising the military establish-
ment of the United States has been nearly carried into
-t, and the army has been extensively and usefully em-
cite, taring the past season.
played %. 'Pain call to your notice the subjects connected
I WOUI4 ;Pt •1 to the military defences of the country,
with and essea4l,4, you at the last Session, but which
which were submittott

Were not acted upon, as is supposed, tor w int of time. T„
moat hnporLint of them is the organi,atioti iif I he
the maritime and inland frontiers. This meastre is deem,,d
important, as it is liflieved that it will furnish an effcctive
volunteer force in aid of the regular army, and may form the
basis for a general system of organisation 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 Alleghany Mountains, all appear to be of sufficient im
portance to be again urged on your attention.

. _
The plan proposed by the Secretary of War for the lis-
tribution 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 mainte-
nance 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 defence of the western fron-
tier. The preservation of the lives and property of our fel-
low-citizens who are settled upon that border country, as
well as the existence of the Indian population, which might
be tempted by our own 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 authorised to place that
country in a state of complete defence against any assault
from the numerous and warlike tribes which are congre-
gated on that border.

1 t 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
authorised 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 t►te entire Creek) nation, with
the exception of a small number of fugitives amongst
the Seminoles in Florida ; the progress already made
towards a speedy completion of the removal of the
Chickasaw, the Choctaw, the Pottawatamies, the Otawas,
and the Chippewas, with the extensive purchases of
Indian lands during the present year, hive rendered
the speedy and successful result of the long esta-
blished 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 phy-
sical and moral, to the Indian ; dangerous conflicts of
authority between the Federal and Stat;Governments, and
detriment to the individual prosperity of the citizens, 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. Jef-
ferson, consists in an extinction, for a fair consideration, of
the title to the lands still occupied by the Indians within
the states and territories of the United States ; their re-
moval to a country west of the Mi-sissippi, much more ex-
tensive, 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
for ever, exempt from all intrusions by white men, with
ample provisions for their security against external v►olence
and internal dissensions, and the extension to them of suit-
able 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 laboured 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 impu-
tations, but in respect to the wisdom and necessity of the
porcy 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.
From the report of the Secretary of the Navy, herewith
transmitted, it will appear that a large portion of the dis-
posable 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 ef-
fectual kas been this protection that, so far as the informa-
tion 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 honour-
able 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 in-
creasing 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 he employed to great advantage
on our Atlantic coast, in meeting sudden demands for the re-
inforcement 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 i ncrease in the num-
ber 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 absokte necessity of a naval force
for its protection precisely in the degree of its extension ; a
due regard to the national rights and honour ; the recollection
of its former exploits, and the anticipation of its future tri-
umphs whenever an opportunity presents itself, which we may
rightly indulge from the experience of the past; all seem to
point to the navy as a most efficient arm of our national defence,
and a proper object of legislative encouragement.
The progress aid condition of the Post office department
will be seen by reference to the report of the Postmaster-Ge-
neral. 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 Union 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 00 dollars. The accruing ex.
penditures, 4,680,068 00 dollars excess of expenditure,
417,923 00 dollars. This has beenmade up out of surplus
previously on hand. The cash on band on the first instant
was 314,068 00 dollars. The revenue for the year ending
June 30, 1838, was 161.540 dollars more than that for the
year ending June 30, 1837. The expenditures of the de-
partment 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 embarrass-
ment. 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-General's 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 neces-
sity 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 com-
bustible 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 pro-
ceedings at law which have recently been prosecuted in:this dis-
trict, in the name of the United States on the relation of
Messrs. Stockton and 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 judi-
cial compulsion exercised by the Common Law writ of manda-
mus, 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 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 sub-
ject, so far as they are concrned, 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 1
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 spe-
cial 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 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