The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1838-12-25 00:00:00

MESSAGE

OF THE
PRESIDENT OF THE UNITED STATES

TO THE
TWO HOUSES OF CONGRESS,
DECEMBER 4, 1 ts3B.

(From the Second Edition of the Standard of Friday.)

The steam-ship Liverpool, Captain Fayrer, came
round the rock this morning, at a quarter to eleven
o'clock, and made a successful voyage from New York
in 14 days and 10 hours. She brought with her files
of the American papers to the 6th instant, inclusive.
She passed the packet-ship Sheffield, from Liverpool,
just at New York. We are indebted to the attention
of Captain Reed, of her Majesty's Postoffice packet
Redwing, for early supplying us with a file of Ame-
rican papers. The Liverpool came to anchor at three
o'clock this morning off the Floating Light. We sub-
join the President's Message and other late intelli-
gence:—

MESSAGE OF THE PRESIDENT.
Fellow-citizens of the Senate
and House of Representatives :
I congratulate you on the favourable circumstances
in the condition of our country, under which you re-
assemble for the performance of your official duties.
Though the anticipations of an abundant harvest have
not everywhere been realised, yet, on the whole, the
labours of the husbandman are rewarded with a boun-
tiful return ; industry prospers in its various channels
of business and enterprise; general health again pre-
vails through our vast diversity of climate ; nothing
threatens, from abroad, the continuance of external
peace ; nor has any thing at home impaired the
strength of those fraternal and domestic ties which
constitute the only guaranty to the success and per-
manency of our happy union, and which, formed in
the hour of peril, have hitherto been honourably sus-
tained through every vicissitude in our national af-
fairs. These blessings, which evince the care and be--
nificence of Providence, call for our devout and fer-
vent 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 uhich 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
frame-work and bond of that system, then untried, has
become a settled form of government; not only pre-
serving and protecting the great principles upon
which it was founded, but wonderfully promoting in-
dividual 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 emergen-
cies incident to our condition as a nation. A formid-
able foreign war; agitating collisions between domes-
tic and, in some respects, rival sovereignties; tempta-
tions to interfere in the intestine commotions of neigh-
bouring countries; the dangerous influences that arise
in periods of exccessive prosperity; and the anti-re-
publican tendencies of associated wealth—these, with
other trials not less formidable, have all been encoun-
tered, and thus far successfully resisted.
It was reserved for the American Union to test the
advantages of a Government entirely dependant on
the continual exercise of the popular will; and our
experience has shown that it is as beneficent in prac-
tice 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, pru-
dence, and patriotism of the people have kept pace
with this augmented responsibility. In no country
has education been so widely diffused. Domestic
peace has no where so largely reigned. The close
bonds of social intercourse have in no instance pre-
vailed with such harmony over a space so vast. All
forms of religion have united, for the first titne, to
diffuse charity and piety, because, for the first time in
the history of nations, all have been totally untram-
melled, 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 ❑nrivalled in prosperity, ge-
neral intelligence, internal tranquillity, and the wis-
dom of their political institutions. Internal improve-
ment, 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 agricul-
ture, 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 every where
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 attach-
ment to them which is among the most cheering exhi-
bitions of popular sentiment, and will prove their best
security, in time to conic, against foreign or domestic
assault.

This review of the results of our institutions, for
half a century, without exciting a spirit of vain exul-
tation, should serve to impress upon us the great prin-
ciples from which they have sprung; constant and
direct supervision by the people over every public
measure ; strict forbearance on the part of the govern-
ment from exercising any doubtful or disputed powers;
and a cautious abstinence from all interference with
concerns which properly belong, and are best left to
Stare 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 par-
ticular attention.

The most amicable dispositions continue to be exhi-
bited by all the nations with whom the government
and citizens of the United States have an habitual in-
tercourse. At the date of my last annual message,
Mexico was the only nation which could not be in-
cluded in so gratifying a reference to our foreign re-
lations.

I am happy to be now able to inform you, that an
advance has been made towards the adjustment of our
difficulties with that republic, and the restoration of
the customary good feeling between the two nations.
This important change has been effected by concilia-
tory 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 set-
tlement of all disputed points will be attained without
further difficulty or unnecessary delay, and thus autho-
rize 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 towards the close
of their last session. The offer to negotiate a conven-
tion for the appointment of a joint commission of sur-
vey 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 Bri-
tish 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 art-important step towards
the satisfactory and final adjustment of the controversy.
I had hoped that the respect for the laws and regard
for the peace and honour of their own country, which
has 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 hos-
tile incursions from our territory into Canada, and to
aid and abet insurrection there, in the violation of the
obligations and laws of the United States, and in open
disregard of their own duties as citizens. This infor-
mation has been in part confirmed, by a hostile inva-
sion actually made by citizens of the United States, in
conjunction with Canadians and others, and accompa
nied by a forcible seizure of the property of our citi-
zens, 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 neighbouring country have been, as
was to be expected, fatally destructive to the mis-
guided 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 move-
ments 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 believe the Colo-
nies were exposed from the United States. A state of
feeling on both sides of the frontier has thus been pro-
duced, which called for prompt and vigorous inter•
ference. If an insurrection existed in Canada, the
amicable dispositions of the United States towards
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 passed for its enforcement. But this go-
vernment recognizes a still higher obligation to re-
press all attempts on the part of its citizens to disburb
the peace of a country where order prevails or has

been re-established. Depredations by our citizens
upon nations at peace with the United States, or com-
binations 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 its 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 of persons have these invaluable prin-
ciples of international law—principles, the strict ob-
servance of which is so indispensable to the preserva-
tion 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 promul-
gated and maintained them at an early and critical
period in our history ; they were subsequently em-
bodied in legislative enactments of a highly penal cha-
racter, 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 honour. 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 go-
vernment has neither the right, nor, I trust, the dis-
position to interfere. But whether the interests or
honour of the United States require that they should
be made a party to any such struggle, and, by inevita-
ble consequence, to the war which is waged in its sup-
port, 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 unauthorised military
operations cm 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 to expose to injurious im-
putations the good faith and honour of the country.
As such they deserve to be put down with promptitude
and decision. I cannot be mistaken, lam 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 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 distin-
guished, will deter the comparatively few who are engaged in
them from a further prosecution of such desperate enter-
prises. 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 Canadia❑ frontier, it is for Congress to decide.
It will appear from the correspondence herewith submit-
ted, 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 establishments 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 sub-
jects, 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 con-
vention, the ships of both powers, or which belong to their
citizens or subjects respectively, may reciprocally frequent,
without any hindrance whatever, the inferior seas, gulfs,
harbours, and creeks upon the coast mentioned in the pre-
ceding 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 privilege it secures to
them, has been to supply the Indians with spirituous liquors,
ammunition, and tire-arms; that this traffic has been exclud-
ed from the Russian trade; and as the supplies furnished
from the United States are injurious to the Russian establish-
ments on the northwest coast, and calculated to produce
complaints between the two governments, His Imperial Ma-
jesty 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 Uni-
ted States have, independent of the provisions of the conven-
tion of 1824, a right to trade with the natives upon the coast
in question, at unoccupied places, liable, however, it is ad-
mitted, to be at any time extinguished by the creation of Rus-
sian 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 there-
of, the mutual privileges mentioned in the fourth article. The
capital and tonnage employed by our citizens in their trade
with the north-west coast of America, will pet haps, on advert-
ing 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 considera-
tion of Congress. . . _

regret to state that the blockade of the principal ports on
the eastern coast of Mexico, which, in consequence of differ-
ences between that Republic and France, was instituted in
May last, unfortunately still continues, enforced by a compe-
tent French naval force, and is necessarily embarrassing to
our own trade in the Gulf, in common with that of other na-
tions. 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 a❑ early settlement of the difficulties be-
tween France and Mexico will soon reestablish the harino-
nious 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 be-
tween 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 23th of April last.
It has since been ratified by both governments, and season-
able 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 fur
reasons already made known to you, has been formally with-
drawn, as will appear from the accompanying copy of the
note of the Minister Plenipotentiary of Texas, which was
',resented to the Secretary of State ou the occasion of the ex-
change 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 commerce; to guard the rights of American citi-
zens, 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 ex-
perience has proved so beneficial in international intercourse,
the Government of the United States has deemed it expedi-
ent, from time to time, to establish diplomatic connections
with different foreign States, by the appointment of repre-
sentatives to reside within their respective territories: lam
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 Sici-
lies; that new nominations have been made in the respec-
tive 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 Ist of Janu-
ary next, is estimated at 2,765,342 dollars.—The receipts of
the year, from customs and lands will probably amount to
20,615,598 dollars. These usual sources of revenue have
been increased by an issue of Treasury notes; of which less
than eight millions of dollars, including interest and princi-
pal, 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,
fur 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 appropria-
tions 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
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 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 undoubt-
edly be sufficient, if
.the charges upon it are not increased
beyond the annual estimates. No excess,.hnwever, is likely
to exist; nor can the postponed instalment of the surplus
revenue be depocited with the States, nor any considerable
appropriations bey end the estimates be made, without caus-
ing a deficiency in the Treasury. The great caution, advis-
able 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 vigi-
lant jealousy, evidently excited among the people by the oc-
currences of the last few years, assures us that they expect
from their representatives, and will sustain them in the exer-
cise 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 expendittues where the entire and
immediate accomplishment of the objects in view is nut in-
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 as required by con-
gress, and consider the heavy expenses incurred by the re-
moval of Indian tribes; by the military operations in Flo-
rida, and on account of the unusually large appropriations
made at the last two annual sessions of congress for other ob-
jects, 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 gratifying 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 honour-
able application of all available means to the fulfilment 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 deposits of the fourth instal-
ment, 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 our section,
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 indulgencies, but affording, at the
same time, facilities for remittance and exchange; and by
steadily declining to employ ;IS general depositories of the
public revenues, or receive the notes of all banks which re-
fused to-redeem them 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 commu-
nity, we have witnessed an early resumption of specie pay-
ment; in our great commercial capital, promptly followed in
alinetit every part of tbe "United States. This result bas 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 essen-
tial in all our social relations.

The contrast between the suspensions 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 national
bank is necessary in such emergencies. Not only were spe-
cie 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 fer 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 here-
after be relieved from the injurious effects of a continued
agitation of that disturbing subject.
The limited influence of a national bank in averting the
derangement in the exchanges of the country, or in compel-
ling the resumption of specie payments, is now not less ap-
parent than its tendency to increase inordinate speculation
by sudden expansion 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 in-
stitutions or the operations of government itself. What was
in these respects but apprehension or opinion when a na-
tional bank was first established, now stands confirmed by
humiliating experience. The scenes through which we have
passed conclusively prove how little our commerce, agricul-
ture, manufactures, or finances, require such an institution,
and what dangers are attendant on its power—a power, 1
trust, never to be conferred by the American people upon
their government, and still less upon individuals not respon-
sible 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
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 re-
ceived for duties, and, with very inconsiderable exceptions,
those accruing from lands also, have, since the general sus-
pension 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 Con-
gress.

[Here follows a statement of a serious defalcation of one
of the collectors, who had been discovered to be purloining
the public money with perfect secresy for the space of seven
years; and his conduct was only discovered on the stoppage
of specie payments at the Bank. The President recom-
mends very stringent measures to be adopted for the preven-
tion of any such an occurrence in future, and that the private
application of the public moneys, by any officer qf the State,
should be made FELONY.]
The Secretary of the Treasury will lay before you addi-
tional 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 cannot be a sub-
ject of surprise. After the collection and custody of the pub-
lic moneys had been for so many years connected with, and
made subsidiary to the advancement of private interests, a
return to the simple and self-denying ordinances of the con-
stitution could not but be difficult. But time and free dis-
cussion eliciting the sentiments of the people, and aided by
that conciliatory spirit which has ever characterized their
course on great emergencies, were relied upon fur a satisfac-
tory 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 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 ma-
jority of our constituents. The connection which formerly
existed between the government and banks was in reality in-
jurious to both, as well as to the general interests of the com-
munity at large. It aggravated the disasters of trade and the
derangements of commercial intercourse, and administered
new excitement and additional means to wild and reckless
speculations, the disappointments 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 la-
bour, and deranged the social state by tempting all trades and
professions into the vortex of speculations on remote contin-
gencies.
The same 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 assisting and supporting the rights of the com-
munity 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 ex-
pense 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, oci 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 custody of
the public moneys. If laws acting upon private interests
cannot always be avoided, they snould 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 influ-
ence necessarily se,fish, 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 cannot 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 Govern-
ment funds, eannot be justly construed as indicative of hos-
tility, official or personal, to those institutions; or to repeat,
in this form, and iu connection with this subject, opinions
which I have uniformly entertained, and on all proper occa-
sions expressed. Though always opposed to their creation
in the form of exclusive privileges, and, as a State magis-
trate, aiming by appropriate legislation to secure the com-
munity against the consequences of-their occasional misman-
agement, 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 inte-
rests 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
connexion with its legislation or its administration. Like
other State establishments, they may be used or not in con-
ducting 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 the intercourse
with the Government , can be regulated, is that which regu-
lates their intercourse wiib the private citizen—the confer-
rino• of mutual benefits. When the Government can-accom-
plish a financial operation better with the aid of the banks
than without, it should be at liberty to seek that aid as it
would the services of a private banker, or other capitalists
or agents, 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 in-
cur 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 sub--
vert 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 Govern-
ment dependant upon them fur the successful administration
of public affairs, is a matter,of duty, as 1 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 opi-
nion, even though in sonic cases invited by legislative enact 7
ments. To this honourable course, aided by the resistance
of the General GovernMent, acting in obedience to the con-
stitution and laws of the United States, to the introduction
of an irredeemable paper medico, 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 tii
derive from it all the protection and benefits which it bestows
on their 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 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 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, how-
ever, 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 to them
is again respectfully requested.
Every proper exertion has been made, and will be conti-
nued, 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 different foreign countries to which particular attention
has been directed, and although we cannot hope for an early
change in tbeir 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 in-
jurious to the people where they are established, and the re-
venue 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 even-
tually crowned with success, if persisted in with temperate
firmness, and sustained by prudent legislation.
In recommending to Congress the adoption of the neces-
sary provisions at this season, for taking the next census or
enumeration of the inhabitants of the United States, the sug-
gestion presents itself whether the scope of the measure
might not he usefully—extended by causing it to embrace
authentic statistical returns of the great interest specially
intrusted to, or necessarily effected by, the legislation of
Congress.
The accompanying report of the Secretary of War pre-
sents a satisfactory account of the state of the army and of
the several branches of the public service confided to the su-
perintendence of that officer.
The law increasing and organizing the military establish-
ment 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 defences of the country,
which were submitted to you at the last session, but which
were not acted upon. as is supposed for want of tinie. The
most important of them is the organisation 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 for a general system or organization for the entire mili-
tia 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 Allegheny
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 distri-
bution► of the forces of the United Strtes in time of peace, is
well calculated to promote regularity and economy in the
fiscal administration of the service, to preserve the disci-
pline of the troops, and to render them available for the main-
tenance of the peace and tramprillity 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 want of preparation to rush on their own
destruction and attack tine white settlements, all seem to re-
quire 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 nu-
merous 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 measure authorised
by Congress at its last session with a view to the long stand-
ing controversy with them, have had the happiest effects. By
an agreement concluded with them by the commanding ge-
neral in that country, who has performed the duties assigned
to him on the occasion with commendable energy and hu-
manity, their removal has been principally under the con-
duct 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 towards a speedy completion of the removal of the
Chicksaws, the Choctaws the Pottawatamies the Otawas
and the Chippewas, with the extensive purchases of Indian
lauds during the present year, have rendered the speedy and
successful result of the long established policy of the govern-
ment 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 to exonerate the
Government of the United States from the undeserved re-
proach which has been cast upon them through several suc-
cessive 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 lung since ceased to be room fur a difference of
opinion. Reason and experience have alike demonstrated
its impracticability. The bitter fruits of every attempt here-
tofore to overcome the barrier imposed 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 prospe-
rity of the citizen, as well as to the general improvement of
the country. The remedial policy, the principles of which were
settled more than 30 years ago, under the administration of
Mr. Jefferson, consists in an eanction, fora fair consideration,
of the title to all the lands still occupied by the Indians within
the States and Territories of the United States ; their remo-
val to a country West of the Mississippi, much more exten-
sive and better adapted to their condition than that on which
they then-resided; the guarantee to them by the U.S. of their
exclusive possession of that country for ever, 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 ad-
vancement 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 fur its accomplishment, only
with different degrees of success. The manner of its execu-
tion 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.
[The Message then enters into a justification of the conduct
pursued by the American government towards the Indian
tribes, especially in reference to the cession of lands made on
the west side of the Mississippi. It then proceeds to remark
upon the condition of the Indians.'
The condition of the tribes which occupy the country set
apart for them in the west, is highly prosperous, and en-
courages 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 plant-
ers 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
to their unavoidable destiny. They have found at once a
recompense for past sufferings, and an incentive to indus-
trious habits, in the abundance and comforts around them.
There is reason to believe that these tribes are friendly in
their feelings towards the United States; and it is to be hoped
that the acquisition of individual wealth, the pursuits of agri-
culture, and habits of industry, will gradually subject their
warlike propensities, and incline them to maintain peace
among themselves. To effect this desirable object, the at-
tention of Congress is solicited to the measures recommend-
ed by the Secretary of War, for the future government and
protection, as well from each other as from the hostility of
the warlike !Jibes around them,. and the intrusions of the
whites. The policy of the government has given them a per-
manent home, and Kuarrauteed to them its peaceful and undis-
turbed possession. It only remains to give them a govern-
ment and laws which will encourage industry, and secure to
them the rewards of their exertions. The importance of
some form of government cannot be too much insisted upon.
The earliest effects will be to diminish the causes and occa-
sions 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 defences re-
commended by the Secretary of War, which have been al-
ready referred to. Without them the government will be
powerless to iedeein the pledges of protection to the emigra-
ting Indian against the numerous warlike tribes that sur-
round them, and, to provide fur the safety of the frontier set-
tiers of the bordering states.

The case of the Seminoles constitutes at present the only excep-
tion to the succesful 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 fifteen hundred in 1837 and
1838, leaving in the country, it is supposed, about 2000 India, s.
The continued treacherous conduct of these people ; the savage and
unprovoked murders they have lately committed, butchering the
whole families of the settlers of the territory, without distinction
of age or sex, and making their way into the very centre 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 pas-
sengers 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 towards 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 per-
formance of their obligations. To relax from this salutary rule,
because the Seminoles have maintained themselves so long in the
territory they had relinguished, and, in defiance of their frequent
and solemn engagements, still to continue to wage a ruthless war
against the United States, would not only evince a want of con-
stancy 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 inacces-
sible swamps and marshes, and which, from the fatal character of
the climate, must be abandoned at the end of the winter. I recom-
mend, therefore, to your attention the plan submitted by the Sec-
retary of War in the accompanying report, for the permanent oc-
cupation 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 Secretary of the Navy, herewith trans-
mitted, it will appear that a large portion of 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 any vessel carrying the flag of the U. States,
within the present year, in any quarter, however distant or ex-
posed.
The exploring expedition sailed from Norfolk on the 19th Aug.
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 effects, results
beneficial to commerce and honourable to the nation.
It will also be seen that no reduction of the force now in com-
mission 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 em-
barked 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 em-
ployed to great advantage on our Atlantic coast, in meeting sudden
demands for the reinforcement of our 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 seekingnew avenues of profitable adventure ; the abso-
lute 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 anticipa-
tion 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
defence, 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 Post-master 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 12,533,
and rapidly increasing. The gross revenue for the year ending on
the lath day of June last, was 4,262,143 dollars. The accruing
expenditures, 4,680,088 dollars ; excess of expenditures, 417,9 a
dollars. This has been made up out of the surplus previously on
hand: The cash on hand, on the
.Ist instant was 314,068 dollars.
The iefenrie fOr the year- endirig June 3U, 1838, was 161,540 dollars
more than for the year ending June 39, 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 Post-
master General's report as relates to the transportation of the
mails upon railroads. The laws on that subject do not seem ade-
quate to secure that service, now become almost essential to the
nuhlie interests, and at the same time protect the department from
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 cha-
racter of the building occupied, as from that of others in the vi-
cinity, calls loudly fur prompt action.
Your attention is again earnestly invited to the suggestions and
recommendations submitted to the last session in respect to the
District of Columbia.

I feel it my duty, also, to bring to your notice certain proceed-
ings at law which have recently been prosecuted in this District,
in the name of the United States, on the relation of Messrs. Stock-
ton 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 judicial compulsion exercised by the COlL-
mon law writ of maudamus, 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 ad-
ditional information which you may desire will be supplied by the
Proper department. No interference in the particular case is con-
templated. The money has been paid : the claims of the prose-
cutors have been satisfied ; and the whole subject, as far as they
are concerned, is finally disposed of; but it is on the supposition
that the case may be regarded as au authoritative exposition of
the law as it now stands, that I have thought it necessary to pre-
sent 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 de-
partment,which award the Postmaster-General declined to execute
an full, until he should receive further legislative direction on the
subject. If the diitY-inipoSed 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 con-
sidered as merely mini.terial, and not executive, it yet remained
to be shown that the circuit court of the 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, b 3 a writ of error, to the Supreme Court of the United
States. In the opinion of that tribunal, the duty imposed on the
Po•trriaster-General was not an offiCial, executive duty, but one of
merely a ministerial nature. • The grave constitutional questions
which had been disci:line' .were, therefore, extended from the de-
cision of the case; the court, indeed, expressly adinitting
with powers and duties properly belonging to the EXecutive, no
other -department-eati interfere by the writ of mandamus ; and the.
vestiort, therefore, resokreti itself into this :-4as Congress eon.