1927  Messages  and  Papers  of  the  Presidents 
FIRST  ANNUAL  MESSAGE. 
Washington,  December  7,  184Z. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 
In  coming  together,  fellow-citizens,  to  enter  again  upon  the  discharge 
of  the  duties  with  which  the  people  have  charged  us  severally,  we  find 
great  occasion  to  rejoice  in  the  general  prosperity  of  the  country.  We 
are  in  the  enjoyment  of  all  the  blessings  of  civil  and  religious  liberty, 
with  unexampled  means  of  education,  knowledge,  and  improvement. 
Through  the  year  which  is  now  drawing  to  a  close  peace  has  been  in  our 
borders  and  plenty  in  our  habitations,  and  although  disease  has  visited 
some  few  portions  of  the  land  with  distress  and  mortaUty,  yet  in  general 
the  health  of  the  people  has  been  preserved,  and  we  are  all  called  upon 
by  the  highest  obligations  of  duty  to  renew  our  thanks  and  our  devotion 
to  our  Heavenly  Parent,  who  has  continued  to  vouchsafe  to  us  the  eminent 
blessings  which  surround  us  and  who  has  so  signally  crowned  the  yeaz 
with  His  goodness.  If  we  find  ourselves  increasing  beyond  example  in 
numbers,  in  strength,  in  wealth,  in  knowledge,  in  everything  which 
promotes  human  and  social  happiness,  let  us  ever  remember  our  depend- 
ence for  all  these  on  the  protection  and  merciful  dispensations  of  Divine 
Providence. 
Since  your  last  adjournment  Alexander  McLeod,  a  British  subject  who 
was  indicted  for  the  murder  of  an  American  citizen,  and  whose  case  has 
been  the  subject  of  a  correspondence  heretofore  communicated  to  you, 
has  been  acquitted  by  the  verdict  of  an  impartial  and  intelligent  jury, 
and  has  tmder  the  judgment  of  the  court  been  regularly  discharged. 
Great  Britain  having  made  known  to  this  Government  that  the  expe- 
dition which  was  fitted  out  from  Canada  for  the  destruction  of  the  steam* 
boat  Caroline  in  the  winter  of  1837,  and  which  resulted  in  the  destruction 
of  said  boat  and  in  the  death  of  an  American  citizen,  was  undertaken 
by  orders  emanating  from  the  authorities  of  the  British  Government  in 
Canada,  and  demanding  the  discharge  of  McLeod  upon  the  ground  that 
if  engaged  in  that  expedition  he  did  but  fulfill  the  orders  of  his  Govern- 
ment, has  thus  been  answered  in  the  only  way  in  which  she  could  be 
answered  by  a  government  the  powers  of  which  are  distributed  among 
its  several  departments  by  the  fundamental  law.  Happily  for  the  people 
of  Great  Britain,  as  well  as  those  of  the  United  States,  the  only  mode  by 
which  an  individual  arraigned  for  a  criminal  offense  before  the  courts  of 
either  can  obtain  his  discharge  is  by  the  independent  action  of  the  judi- 
ciary and  by  proceedings  equally  familiar  to  the  courts  of  both  countries. 
If  in  Great  Britain  a  power  exists  in  the  Crown  to  cause  to  be  entered 
a  nolle  prosequi^  which  is  not  the  case  with  the  Executive  power  of  the 
United  States  upon  a  prosecution  pending  in  a  State  court,  yet  there  no
John  lyier  1928 
more  than  here  can  the  chief  executive  power  rescue  a  prisoner  from 
custody  without  an  order  of  the  proper  tribunal  directing  his  discharge. 
The  precise  stage  of  the  proceedings  at  which  such  order  may  be  made  is 
a  matter  of  municipal  regulation  exclusively,  and  not  to  be  complained  of 
by  any  other  government.  In  cases  of  this  kind  a  government  becomes 
politically  responsible  only  when  its  tribimals  of  last  resort  are  shown  to 
have  rendered  unjust  and  injurious  judgments  in  matters  not  doubtful. 
To  the  establishment  and  elucidation  of  this  principle  no  nation  has  lent 
its  authority  more  efficiently  than  Great  Britain.  Alexander  McLeod, 
having  his  option  either  to  prosecute  a  writ  of  error  from  the  decision 
of  the  supreme  court  of  New  York,  which  had  been  rendered  upon  his 
application  for  a  discharge,  to  the  Supreme  Court  of  the  United  States, 
or  to  submit  his  case  to  the  decision  of  a  jury,  preferred  the  latter,  deem-, 
ing  it  the  readiest  mode  of  obtaining  his  liberation;  and  the  result  has 
fully  sustained  the  wisdom  of  his  choice.  The  manner  in  which  the  issue 
submitted  was  tried  will  satisfy  the  English  Government  that  the  prin- 
ciples of  justice  will  never  fail  to  govern  the  enlightened  decision  of 
an  American  tribunal.  I  can  not  fail,  however,  to  suggest  to  Congress 
the  propriety,  and  in  some  degree  the  necessity,  of  making  such  pro- 
visions by  law,  so  far  as  they  may  constitutionally  do  so,  for  the  removal 
at  their  commencement  and  at  the  option  of  the  party  of  all  such  cases 
as  may  hereafter  arise,  and  which  may  involve  the  faithful  observance 
and  execution  of  our  international  obligations,  from  the  State  to  the  Fed- 
eral judiciary.  This  Government,  by  our  institutions,  is  charged  with 
the  maintenance  of  peace  and  the  preservation  of  amicable  relations 
with  the  nations  of  the  earth,  and  ought  to  possess  without  question 
all  the  reasonable  and  proper  means  of  maintaining  the  one  and  preserv- 
ing the  other.  While  just  confidence  is  felt  in  the  judiciary  of  the 
States,  yet  this* Government  ought  to  be  competent  in  itself  for  the  ful- 
fillment of  the  high  duties  which  have  been  devolved  upon  it  under  the 
organic  law  by  the  States  themselves. 
In  the  month  of  September  a  party  of  armed  men  from  Upper  Canada 
invaded  the  territory  of  the  United  States  and  forcibly  seized  upon 
the  person  of  one  Grogan,  and  under  circumstances  of  great  harshness 
hurriedly  carried  him  beyond  the  limits  of  the  United  States  and  deliv- 
ered him  up  to  the  authorities  of  Upper  Canada.  His  immediate  dis- 
charge was  ordered  by  those  authorities  upon  the  facts  of  the  case  being 
brought  to  their  knowledge — a  course  of  procedure  which  was  to  have 
been  expected  from  a  nation  with  whom  we  are  at  peace,  and  which  was 
not  more  due  to  the  rights  of  the  United  States  than  to  its  own  regard 
for  justice.  The  correspondence  which  passed  between  the  Department 
of  State  and  the  British  envoy,  Mr.  Fox,  and  with  thfe  governor  of  Ver- 
mont, as  soon  as  the  facts  had  been  made  known  to  this  department,  are 
herewith  communicated. 
I  regret  that  it  is  not  in  my  power  to  make  known  to  you  an  eqii&lly
1929  Messages  and  Papers  of  the  Presidents 
satisfactory  conclusion  in  the  case  of  the  Caroline  steamer,  with  the  cir- 
cumstances connected  with  the  destruction  of  which,  in  December,  1837, 
by  an  armed  force  fitted  out  in  the  Province  of  Upper  Canada,  you  are 
already  made  acquainted.  No  such  atonement  as  was  due  for  the  public 
wrong  done  to  the  United  States  by  this  invasion  of  her  territory,  so 
wholly  irreconcilable  with  her  rights  as  an  independent  power,  has  yet 
been  made.  In  the  view  taken  by  this  Government  the  inquiry  whether 
the  vessel  was  in  the  employment  of  those  who  were  prosecuting  an 
unauthorized  war  against  that  Province  or  was  engaged  by  the  owner  in 
the  business  of  transporting  passengers  to  and  from  Navy  Island  in  hopes 
of  private  gain,  which  was  most  probably  the  case,  in  no  degree  alters 
the  real  question  at  issue  between  the  two  Governments.  This  Govern- 
ment can  never  concede  to  any  foreign  government  the  power,  except 
in  a  case  of  the  most  urgent  and  extreme  necessity,  of  invading  its  terri- 
tory, either  to  arrest  the  persons  or  destroy  the  property  of  those  who 
may  have  violated  the  municipal  laws  of  such  foreign  government  or 
have  disregarded  their  obligations  arising  under  the  law  of  nations.  The 
territory  of  the  United  States  must  be  regarded  as  sacredly  secure  against 
all  such  invasions  until  they  shall  voltmtarily  acknowledge  their  inability 
to  acquit  themselves  of  their  duties  to  others.  And  in  announcing  this 
sentiment  I  do  but  affirm  a  principle  which  no  nation  on  earth  would  be 
more  ready  to  vindicate  at  all  hazards  than  the  people  and  Government 
of  Great  Britain.  If  upon  a  full  investigation  of  all  the  facts  it  shall 
appear  that  the  owner  of  the  Caroline  was  governed  by  a  hostile  intent  or 
had  made  common  cause  with  those  who  were  in  the  occupancy  of  Navy 
Island,  then  so  far  as  he  is  concerned  there  can  be  no  claim  to  indemnity 
for  the  destruction  of  his  boat  which  this  Government  would  feel  itself 
bound  to  prosecute,  since  he  would  have  acted  not  only  in  derogation 
of  the  rights  of  Great  Britain,  but  in  clear  violation  o&the  laws  of  the 
United  States;  but  that  is  a  question  which,  however  settled,  in  no  man- 
ner involves  the  higher  consideration  of  the  violation  of  territorial  sov- 
ereignty and  jurisdiction.  To  recognize  it  as  an  admissible  practice  that 
each  Government  in  its  turn,  upon  any  sudden  and  unauthorized  out- 
break which,  on  a  frontier  the  extent  of  which  renders  it  impossible  for 
either  to  have  an  efficient  force  on  every  mile  of  it,  and  which  outbreak, 
therefore,  neither  may  be  able  to  suppress  in  a  day,  may  take  vengeance 
into  its  own  hands,  and  without  even  a  remonstrance,  and  in  the  absence 
of  any  pressing  or  overruling  necessity  may  invade  the  territory  of  the 
other,  would  inevitably  lead  to  resiilts  equally  to  be  deplored  by  both. 
When  border  colUsions  come  to  receive  the  sanction  or  to  be  made  or 
the  authority  of  either  Government  general  war  must  be  the  inevitable 
result.  While  it  is  the  ardent  desire  of  the  United  States  to  cultivate 
the  relations  of  peace  with  all  nations  and  to  fulfill  all  the  duties  of  good 
neighborhood  toward  those  who  possess  territories  adjoining  their  own, 
that  very  desire  would  lead  them  to  deny  the  right  of  any  foreign  power
John  Tyler  1930 
to  invade  their  boundary  with  an  armed  force.  The  correspondence 
between  the  two  Governments  on  this  subject  will  at  a  future  day  of 
your  session  be  submitted  to  your  consideration;  and  in  the  meantime  I 
can  not  but  indulge  the  hope  that  the  British  Government  will  see  the 
propriety  of  renouncing  as  a  rule  of  future  action  the  precedent  which 
has  been  set  in  the  affair  at  Schlosser. 
I  herewith  submit  the  correspondence  which  has  recently  taken  place 
between  the  American  minister  at  the  Court  of  St.  James,  Mr.  Steven- 
son, and  the  minister  of  foreign  affairs  of  that  Government  on  the  right 
claimed  by  that  Government  to  visit  and  detain  vessels  sailing  under  the 
American  flag  and  engaged  in  prosecuting  lawful  commerce  in  the  Afri- 
can seas.  Our  commercial  interests  in  that  region  have  experienced  con- 
siderable increase  and  have  become  an  object  of  much  importance,  and  it 
is  the  duty  of  this  Government  to  protect  them  against  all  improper  and 
vexatious  interruption.  However  desirous  the  United  States  may  be 
for  the  suppression  of  the  slave  trade,  they  can  not  consent  to  interpola- 
tions into  the  maritime  code  at  the  mere  will  and  pleasure  of  other  gov- 
ernments. We  deny  the  right  of  any  such  interpolation  to  any  one  or  all 
the  nations  of  the  earth  without  our  consent.  We  claim  to  have  a  voice 
in  all  amendments  or  alterations  of  that  code,  and  when  we  are  given  to 
understand,  as  in  this  instance,  by  a  foreign  government  that  its  treaties 
with  other  nations  can  not  be  executed  without  the  establishment  and 
enforcement  of  new  principles  of  maritime  police,  to  be  applied  without 
our  consent,  we  must  employ  a  language  neither  of  equivocal  import  or 
susceptible  of  misconstruction.  American  citizens  prosecuting  a  lawful 
commerce  in  the  African  seas  under  the  flag  of  their  country  are  not 
responsible  for  the  abuse  or  unlawful  use  of  that  flag  by  others;  nor  can 
they  rightfully  on  account  of  any  such  alleged  abuses  be  interrupted, 
molested,  or  detained  while  on  the  ocean,  and  if  thus  molested  and 
detained  while  pursuing  honest  voyages  in  the  usual  way  and  violating 
no  law  themselves  they  are  unquestionably  entitled  to  indemnity.  This 
Government  has  manifested  its  repugnance  to  the  slave  trade  in  a  man- 
ner which  can  not  be  misunderstood.  By  its  fundamental  law  it  pre- 
scribed limits  in  point  of  time  to  its  continuance,  and  against  its  own 
citizens  who  jnight  so  far  forget  the  rights  of  humanity  as  to  engage  in 
that  wicked  traffic  it  has  long  since  by  its  municipal  laws  denounced  the 
most  condirpi  punishment.  Many  of  the  States  composing  this  Union 
had  made  appeals  to  the  civilized  world  for  its  suppression  long  before 
the  moral  sense  of  other  nations  had  become  shocked  by  the  iniquities  of 
the  traflBc.  Whether  this  Government  should  now  enter  into  treaties  con- 
taining mutual  stipulations  upon  this,  subject  is  a  question  for  its  mature 
deliberation.  Certain  it  is  that  if  the  right  to  detain  American  ships  on 
the  high  seas  can  be  justified  on  the  plea  of  a  necessity  for  such  detention 
arising  out  of  the  existence  of  treaties  between  other  nations,  the  same 
plea  may  be  extended  and  enlarged  by  the  new  stipulations  of  new  treaties
193 1  Messages  and  Papers  of  the  Presents 
to  which  the  United  States  may  not  be  a  party.  This  Government  wilJ 
not  cease  to  urge  upon  that  of  Great  Britain  full  and  ample  remuneration 
for  all  losses,  whether  arising  from  detention  or  otherwise,  to  which 
American  citizens  have  heretofore  been  or  may  hereafter  be  subjected 
by  the  exercise  of  rights  which  this  Government  can  not  recognize  as 
legitimate  and  proper.  Nor  will  I  indulge  a  doubt  but  that  the  sense 
of  justice  of  Great  Britain  will  constrain  her  to  make  retribution  for  any 
wrong  or  loss  which  any  American  citizen  engaged  in  the  prosecution 
of  lawful  commerce  may  have  experienced  at  the  hands  of  her  cruisers  or 
other  pubUc  authorities.  This  Government,  at  the  same  time,  will  relax 
no  effort  to  prevent  its  citizens,  if  there  be  any  so  disposed,  from  prose- 
cuting a  traffic  so  revolting  to  the  feelings  of  humanity.  It  seeks  to  do 
no  more  than  to  protect  the  fair  and  honest  trader  from  molestation  and 
injury;  but  while  the  enterprising  mariner  engaged  in  the  pursuit  of  an 
honorable  trade  is  entitled  to  its  protection,  it  will  visit  with  condign 
punishment  others  of  an  opposite  character. 
I  invite  your  attention  to  existing  laws  for  the  suppression  of  the 
African  slave  trade,  and  recommend  all  such  alterations  as  may  give 
to  them  greater  force  and  efficacy.  That  the  American  flag  is  grossly 
abused  by  the  abandoned  and  profligate  of  other  nations  is  but  too  prob- 
able. Congress  has  not  long  since  had  this  subject  imder  its  considera- 
tion, and  its  importance  well  justifies  renewed  and  anxious  attention. 
I  also  communicate  herewith  the  copy  0f  a  correspondence  between 
Mr.  Stevenson  and  Lord  Palmerston  upon  the  subject,  so  interesting  to 
several  of  the  Southern  States,  of  the  rice  duties,  which  resulted  hon- 
orably to  the  justice  of  Great  Britain  and  advantageously  to  the  United 
States. 
At  the  opening  of  the  last  annual  session  the  President  informed  Con- 
gress of  the  progress  which  had  then  been  made  in  negotiating  a  conven- 
tion between  this  Government  and  that  of  England  with  a  view  to  tihe 
final  settlement  of  the  question  of  the  boundary  between  the  territorial 
limits  of  the  two  countries.  I  regret  to  say  that  little  further  advance- 
ment of  the  object  has  been  accomplished  since  last  year,  but  this  is 
owing  to  circumstances  no  way  indicative  of  any  abatement  of  the  desire 
of  both  parties  to  hasten  the  negotiation  to  its  conclusion  .and  to  settle 
the  question  in  dispute  as  early  as  possible.  In  the  course  of  the  session 
it  is  my  hope  to  be  able  to  announce  some  further  degree  of  progress 
toward  the  accomplishment  of  this  highly  desirable  end. 
The  commission  appointed  by  this  Government  for  the  exploration  and 
survey  of  the  line  of  boundary  separating  the  States  of  Maine  and  New 
Hampshire  from  the  conterminous  British  Provinces  is,  it  is  believed, 
about  to  close  its  field  labors  and  is  expected  soon  to  report  the  results 
of  its  examinations  to  the  Department  of  State.  The  report,  when 
•deceived,  will  be  laid  before  Congress. 
The  failure  on  the  part  of  Spain  to  pay  with  punctuality  the  interest
John  Tyler  1932 
due  tinder  the  convention  of  1834  for  the  settlement  of  claims  between 
the  two  countries  has  made  it  the  duty  of  the  Executive  to  call  the  par- 
ticular attention  of  that  Government  to  the  subject.  A  disposition  has 
been  manifested  by  it,  which  is  believed  to  be  entirely  sincere,  to  fulfill 
its  obHgations  in  this  respect  so  soon  as  itfe  internal  condition  and  the 
state  of  its  finances  will  permit.  An  arrangement  is  in  progress  from 
the  result  of  which  it  is  trusted  that  those  of  our  citizens  who  have 
claims  under  the  convention  will  at  no  distant  day  receive  the  stipulated 
payments. 
A  treaty  of  commerce  and  navigation  with  Belgium  was  concluded 
and  signed  at  Washington  on  the  29th  of  March,  1840,  and  was  duly 
sanctioned  by  the  Senate  of  the  United  States.  The  treaty  was  ratified 
by  His  Belgian  Majesty,  but  did  not  receive  the  approbation  of  the  Bel- 
gian Chambers  within  the  time  limited  by  its  terms,  and  has  therefore 
become  void. 
This  occtirrence  assumes  the  graver  aspect  from  the  consideration  that 
in  1833  a  treaty  negotiated  between  the  two  Governments  and  ratified 
on  the  part  of  the  United  States  failed  to  be  ratified  on  the  part  of  Bel- 
gium. The  representative  of  that  Government  at  Washington  informs 
the  Department  of  State  that  he  has  been  instructed  to  give  explana- 
tions of  the  causes  which  occasioned  delay  in  the  approval  of  the  late 
treaty  by  the  legislature,  and  to  express  the  regret  of  the  King  at  the 
occurrence. 
The  joint  commission  under  the  convention  with  Texas  to  ascertain 
the  true  boundary  between  the  two  countries  has  concluded  its  labors, 
but  the  tx^  report  of  the  conr.iCiissioner  of  the  United  States  has  not  been 
received.  It  is  understood,  however,  that  the  meridian  Une  as  traced  by 
the  commission  lies  somewhat  farther  east  than  the  position  hitherto 
generally  assigned  to  it,  and  consequently  includes  in  Texas  some  part 
of  the  territory  which  had  been  considered  as  belonging  to  the  States  of 
Louisiana  and  Arkansas. 
The  United  States  can  not  but  take  a  deep  interest  in  whatever  relates 
to  this  young  but  growing  Republic.  Settled  principally  by  emigrants 
from  the  United  States,  we  have  the  happiness  to  know  that  the  great 
principles  of  civil  Uberty  are  there  destined  to  flourish  under  wise  insti- 
tutions and  wholesome  laws,  and  that  through  its  example  another  evi- 
dence is  to  be  afforded  of  the  capacity  of  popular  institutions  to  advance 
the  prosperity,  happiness,  and  permanent  glory  of  the  human  race.  The 
great  truth  that  government  was  made  for  the  people  and  not  the  peo- 
ple for  government  has  already  been  established  in  the  practice  and 
by  the  example  of  these  United  States,  and  we  can  do  no  other  than 
contemplate  its  further  exemplification  by  a  sister  republic  with  the 
deepest  interest. 
Our  relations  with  the  independent  States  of  this  hemisphere,  formerly 
under  the  dominion  of  Spain,  have  not  undergone  any  material  change
1933  Messages  and  Papers  of  the  Presidents 
within  the  Dost  year.  The  incessant  sanguinary  conflicts  in  or  between 
those  countries  are  to  be  greatly  deplored  as  necessarily  tending  to  dis- 
able them  from  performing  their  duty  as  members  of  the  community 
of  nations  and  rising  to  the  destiny  which  the  position  and  natural 
resources  of  many  of  them  might  lead  them  justly  to  anticipate,  as  con- 
stantly giving  occasion  also,  directly  or  indirectly,  for  complaints  on  the 
part  of  our  citizens  who  resort  thither  for  purposes  of  commercial  inter- 
course, and  as  retarding  reparation  for  wrongs  already  committed,  some 
of  which  are  by  no  means  of  recent  date. 
The  failure  of  the  Congress  of  Ecuador  to  hold  a  session  at  the  time 
appointed  for  that  -^^urpose,  in  January  last,  will  probably  render  abor- 
tive a  treaty  of  commerce  with  that  Republic,  which  was  signed  at  Quito 
on  the  13th  of  June,  1839,  and  had  been  duly  ratified  on  our  part,  but 
which  required  the  approbation  of  that  body  prior  to  its  ratification  by 
the  Ecuadorian  Executive. 
A  convention  which  has  been  concluded  with  the  Republic  of  Peru, 
providing  for  the  settlement  of  certain  claims  of  citizens  of  the  United 
States  upon  the  Government  of  that  Republic,  will  be  duly  submitted  to 
the  Senate. 
The  claims  of  our  citizens  against  the  Brazilian  Government  origi- 
nating from  captures  and  other  causes  are  still  unsatisfied.  The  United 
States  have,  however,  so  uniformly  shown  a  disposition  to  cultivate 
relations  of  amity  with  that  Empire  that  it  is  hoped  the  lucqui vocal 
tokens  of  the  same  spirit  toward  us  which  an  adjustment  of  the  affairs 
referred  to  would  afford  will  be  given  without  further  avoidable  delay. 
The  war  with  the  Indian  tribes  on  the  peninsula  of  Florida  has  during 
the  last  summer  and  fall  been  prosecuted  with  untiring  activity  and  zeal. 
A  summer  campaign  was  resolved  upon  as  the  best  mode  of  bringing  it 
to  a  close.  Otu*  brave  officers  and  men  who  have  been  engaged  in  that 
service  have  suffered  toils  and  privations  and  exhibited  an  energy  which 
in  any  other  war  would  have  won  for  them  unfading  laurels.  In  despite 
of  the  sickness  incident  to  the  climate,  they  have  penetrated  the  fast- 
nesses of  the  Indians,  broken  up  their  encampments,  and  harassed  them 
unceasingly.  Numbers  have  been  captured,  and  still  greater  numbers 
have  surrendered  and  have  been  transported  to  join  their  brethren  on 
the  lands  elsewhere  allotted  to  them  by  the  Government,  and  a  strong 
hope  is  entertained  that  under  the  conduct  of  the  gallant  officer  at  the 
head  of  the  troops  in  Florida  that  troublesome  and  expensive  war  is  des- 
tined to  a  speedy  termination.  With  all  the  other  Indian  tribes  we  are 
enjoying  the  blessings  of  peace.  Our  duty  as  well  as  our  best  interests 
prompts  us  to  observe  in  all  our  intercourse  with  them  fidelity  in  fulfill- 
ing our  engagements,  the  practice  of  strict  justice,  as  well  as  the  con- 
stant exercise  of  acts  of  benevolence  and  kindness.  These  are  the  great 
instruments  of  civilization,  and  through  the  use  of  them  alone  can  the 
untutored  child  of  the  forest  be  induced  to  listen  to  its  teachines.
John  Tyler  1934 
The  Secretary  of  State,  on  whom  the  acts  of  Congress  have  devolved 
tho  duty  of  directing  the  proceedings  for  the  taking  of  the  sixth  census 
or  enumeration  of  the  inhabitants  of  the  United  States,  will  report  to  the 
two  Houses  the  progress  of  that  work.  The  enumeration  of  persons  has 
been  completed,  and  exhibits  a  grand  total  of  17,069,453,  making  an 
increase  over  the  census  of  1830  of  4,202,646  inhabitants,  and  showing 
a  gain  in  a  ratio  exceeding  325^  per  cent  for  the  last  ten  years. 
From  the  report  of  the  Secretary  of  the  Treasury  you  will  be  informed 
of  the  condition  of  the  finances.  The.  balance  in  the  Treasury  on  the 
1st  of  January  last,  as  stated  in  the  report  of  the  Secretary  of  the  Treas- 
ury submitted  to  Congress  at  the  extra  session,  was  $987,345.03.  The 
receipts  into  the  Treasury  during  the  first  three  quarters  of  this  year  from 
all  sources  amount  to  $23,467,072.52;  the  estimated  receipts  for  the 
fourth  quarter  amount  to  $6,943,095.25,  amounting  to  $30,410,167.77, 
and  making  with  the  balance  in  the  Treasury  on  the  ist  of  January 
last  $31,397,512.80.  The  expenditures  for  the  first  three  quarters  of 
this  year  amount  to  $24,734,346.97.  The  expenditures  for  the  fourth 
quarter  as  estimated  will  amount  to  $7,290,723.73,  thus  making  a  total 
of  $32,025,070.70,  and  leaving  a  deficit  to  be  provided  for  on  the  ist  of 
January  next  of  about  $627,557.90. 
Of  the  loan  of  $12,000,000  which  was  authorized  by  Congress  at  its 
late  session  only  $5,432,726.88  have  been  negotiated.  The  shortness  of 
time  which  it  had  to  run  has  presented  no  inconsiderable  impediment 
in  the  way  of  its  being  taken  by  capitalists  at  home,  while  the  same 
tause  would  have  operated  with  much  greater  force  in  the  foreign  market. 
For  that  reason  the  foreign  market  has  not  been  resorted  to ;  and  it  is 
now  submitted  whether  it  would  not  be  advisable  to  amend  the  law  by 
making  what  remains  undisposed  of  payable  at  a  more  distant  day. 
Should  it  be  necessary,  in  any  view  that  Congress  may  take  of  the 
subject,  to  revise  the  existing  tariff  of  duties,  I  beg  leave  to  say  that  in 
the  performance  of  that  most  delicate  operation  moderate  counsels  would 
seem  to  be  the  wisest.  The  Government  under  which  it  is  our  happi- 
ness to  live  owes  its  existence  to  the  spirit  of  compromise  which  pre- 
vailed among  its  framers;  jarring  and  discordant  opinions  could  only 
have  been  reconciled  by  that  noble  spirit  of  patriotism  which  prompted 
conciliation  and  resulted  in  harmony.  In  the  same  spirit  the  compromise 
bill,  as  it  is  commonly  called,  was  adopted  at  the  session  of  1833.  While 
the  people  of  no  portion  of  the  Union  will  ever  hesitate  to  pay  all  neces- 
sary taxes  for  the  support  of  Government,  yet  an  innate  repugnance 
exists  to  the  imposition  of  burthens  not  really  necessary  for  that  object. 
In  imposing  duties,  however,  for  the  purposes  of  revenue  a  right  to  dis- 
criminate as  to  the  articles  on  which  the.  duty  shall  be  laid,  as  well  as 
the  amount,  necessarily  and  most  properly  exists;  otherwise  the  Gov- 
ernment would  be  placed  in  the  condition  of  having  to  levy  the  same 
duties  upon  all  articles,  the  productive  as  well  as  the  unproductive.    The
1935  Messages  and  Papers  of  the  Presidents 
slightest  duty  upon  some  might  have  the  effect  of  causing  their  importa- 
tion to  cease,  whereas  others,  entering  extensively  into  the  consumption 
of  the  country,  might  bear  the  heaviest  without  any  sensible  dinunution 
in  the  amount  imported.  So  also  the  Government  may  be  justified  in  so 
discriminating  by  reference  to  other  considerations  of  domestic  policy 
connected  with  our  manufactures.  So  long  as  the  duties  shall  be  laid 
with  distinct  reference  to  the  wants  of  the  Treasury  no  well-founded 
objection  can  exist  against  them.  It  might  be  esteemed  desirable  that 
no  such  augmentation  of  the  taxes  should  take  place  as  would  have  the 
efiFect  of  annulling  the  land-proceeds  distribution  act  of  the  last  ses- 
sion, which  act  is  declared  to  be  inoperative  the  moment  the  duties  are 
increased  beyond  20  per  cent,  the  maximum  rate  established  by  the 
compromise  act.  Some  of  the  provisions  of  the  compromise  act,  which 
will  go  into  effect  on  the  30th  day  of  June  next,  may,  how;ever,  be  found 
exceedingly  inconvenient  in  practice  under  any  regulations  that  Con- 
gress may  adopt.  I  refer  more  particularly  to  that  relating  to  the  home 
valuatioii.  A  difference  in  value  of  the  ^ame  articles  to  some  extent 
will  necessarily  exist  at  different  ports,  but  that  is  altogether  insignifi- 
cant when  compared  mth  the  conflicts  in  valuation  which  are  likely  to 
arise  from  the  differences  of  opinion  among  the  numerous  appraisers 
of  merchandise.  In  many  instances  the  estimates  of  value  must  be  con- 
jectural, and  thus  as  many  different  rates  of  value  may  be  established 
as  there  are  appraisers.  These  differences  in  valuation  may  also  be 
increased  by  the  inclination  which,  without  the  slightest  imputation  on 
their  honesty,  may  arise  on  the  part  of  the  appraisers  in  favor  of  their 
respective  ports  of  entry.  I  recommend  this  whole  subject  to  the  con- 
sideration of  Congress  with  a  single  additional  remark.  Certainty  and 
permanency  in  any  system  of  governmental  policy  are  in  all  respects  emi- 
nently desirable,  but  more  particularly  is  this  true  in  all  that  affects 
trade  and  commerce,  the  operations  of  which  depend  much  more  on 
the  certainty  of  their  returns  and  calculations  which  embrace  distant 
periods  of  time  than  on  high  bounties  or  duties,  which  are  liable  to 
constant  fluctuations. 
At  your  late  session  I  invited  your  attention  to  the  condition  of  the 
currency  and  exchanges  and  urged  the  necessity  of  adopting  such  meas- 
ures as  were  consistent  with  the  constitutional  competency  of  the  Gov- 
ernment in  order  to  correct  the  unsoundness  of  the  one  and,  as  far  as 
practicable,  the  inequalities  of  the  other.  No  coimtry  can  be  in  the 
enjoyment  of  its  full  measure  of  prosperity  without  the  presence  of  a 
medium  of  exchange  approximating  to  uniformity  of  value.  What  is 
necessary  as  between  the  different  natious  of  the  earth  is  also  important 
as  between  the  inhabitants  of  different  parts  of  the  same  country.  With 
the  first  the  precious  metals  constitute  the  chief  medium  of  circulation, 
and  such  also  would  be  the  case  as  to  the  last  but  for  inventions  com- 
paratively modem,  which  have  furnished  in  place  of  gold  and  silver  a
John  lyier  1936 
paper  circulation.  I  do  not  propose  to  enter  into  a  comparative  analysis 
of  the  merits  of  the  two  systems.  Such  belonged  more  properly  to  the 
period  of  the  introduction  of  the  paper  system.  The  speculative  philoso- 
pher might  find  inducements  to  prosecute  the  inquiry,  but  his  researches 
could  only  lead  him  to  conclude  that  the  paper  system  had  probably 
better  never  have  been  introduced  and  that  society  might  have  been 
mucl\  happier  without  it.  The  practical  statesman  has  a  very  diifferent 
task  to  perform.  He  has  to  look  at  things  as  they  are,  to  take  them  as 
he  finds  them,  to  supply  deficiencies  and  to  prune  excesses  as  far  as  in 
him  lies.  The  task  of  furnishing  a  corrective  for  derangements  of  the 
paper  medium  with  us  is  almost  inexpressibly  great  The  power  exerted 
by  the  States  to  charter  banking  corporations,  and  which,  having  been 
carried  to  a  great  excess,  has  filled  the  country  with,  in  most  of  the 
States,  an  irredeemable  paper  medium,  is  an  evil  which  in  some  way  or 
other  requires  a  corrective.  The  rates  at  which  bills  of  exchange  are 
negotiated  between  different  parts  of  the  country  fumisban  index  of  the 
v^ue  of  the  local  substitute  for  gold  and  silver,  which  is  in  many  parts 
so  far  depreciated  as  not  to  be  received  except  at  a  large  discount  in 
payment  of  debts  or  in  the  purchase  of  produce.  It  could  earnestly  be 
desired  that  every  bank  not  possessing  the  means  of  resumption  should 
follow  the  example  of  the  late  United  States  Bank  of  Pennsylvania  and 
go  into  liquidation  rather  than  by  refusing  to  do  so  to  continue  embar- 
rassments in  the  way  of  solvent  institutions,  thereby  augmenting  the 
difficulties  incident  to  the.  present  condition  of  things.  Whether  this 
Government,  with  due  regard  to  the  rights  of  the  States,  has  any  power 
to  constrain  the  banks  either  to  resume  specie  payments  or  to  force  them 
into  liquidation,  is  an  inquiry  which  will  not  fail  to  claim  your  considera- 
tion. In  view  of  the  great  advantages  which  are  allowed  the  corpora- 
tors, not  among  the  least  of  which  is  the  authority  contained  in  most  of 
their  charters  to  make  loans  to  three  times  the  amount  of  their  capital, 
thereby  often  deriving  three  times  as  much  interest  on  the  same  amount 
of  money  as  any  individual  is  permitted  by  law  to  receive,  no  sufficient 
apology  can  be  urged  for  a  long-continued  suspension  of  specie  payments. 
Such  suspension  is  productive  of  the  greatest  detriment  to  the  public  by 
exi)elling  from  circulation  the  precious  metals  and  seriously  hazarding 
the  success  of  any  effort  that  this  Government  can  make  to  increase 
commercial  facilities  and  to  advance  the  public  interests. 
This  is  the  more  to  be  regretted  and  the  indispensable  necessity  for  a 
sound  currency  becomes  the  more  manifest  when  we  reflect  on  the  vast 
amount  of  the  internal  commerce  of  the  country.  Of  this  we  have  no 
statistics  nor  just  data  for  forming  adequate  opinions.  But  there  can  be 
no  doubt  but  that  the  amount  of  transportation  coastwise  by  sea,  and 
the  transportation  inland  by  railroads  and  canals,  and  by  st^mboats 
and  other  modes  of  conveyance  over  the  surface  of  our  vast  rivers  and 
immense  lakes,  and  the  value  of  property  carried  and  interchanged  by
1937  Messages  and  Papers  of  the  Presidents 
these  means  form  a  general  aggregate  to  which  the  foreign  commerce  of 
the  country,  large  as  it  is,  makes  but  a  distant  approach. 
In  the  absence  of  any  controlling  power  over  this  subject,  which,  by 
forcing  a  general  resumption  of  specie  pajrments,  would  at  once  have  the 
effect  of  restoring  a  sound  medium  of  exchange  and  would  leave  to 
the  country  but  little  to  desire,  what  measure  of  relief  falling  within  the 
limits  of  our  constitutional  competency  does  it  becbme  this  Goverpment 
to  adopt?  It  was  my  painful  duty  at  your  last  session,  under  the  weight 
of  most  solemn  obligations,  to  differ  with  Congress  on  the  measures  which 
it  proposed  for  my  approval,  and  which  it  doubtless  regarded  as  corrective 
of  existing  evils.  Stibsequent  reflection  and  events  since  occurring  have 
only  served  to  confirm  me  in  the  opinions  then  entertained  and  frankly 
expressed.  I  must  be  pamitted  to  add  that  no  scheme  of  governmental 
policy  unaided  by  individual  exertions  can  be  available  for  ameliorating 
the  present  condition  of  things.  Commercial  modes  of  exchange  and  a 
good  currency  are  but  the  necessary  means  of  commerce  and  intercourse, 
not  the  direct  productive  sources  of  wealth.  Wealth  can  only  be  accumji- 
lated  by  the  earnings  of  industry  and  the  savings  of  frugality,  and  noth- 
ing can  be  more  ill  judged  than  to  look  to  facilities  in  borrowing  or  to  a 
redundant  circulation  for  the  power  of  discharging  pecuniary  obligations. 
The  country  is  full  of  resources  and  the  people  full  of  energy,  and  the 
great  and  permanent  remedy  f gr  present  embarrassments  must  be  sought 
in  industry,  economy,  the  observance  of  good  faith,  and  the  favorable 
influence  of  time.  In  pursuance  of  a  pledge  given  to  you  in  my  last 
message  to  Congress,  which  pledge  I  urge  as  an  apology  for  adventuring 
to  pre*nt  you  the  details  of  any  plan,  the  Secretary  of  the  Treasury 
will  be  ready  to  submit  to  you,  should  you  require  it,  a  plan  of  finance 
which,  while  it  throws  around  the  public  treasure  reasonable  guards  for 
its  protection  and  rests  on  powers  acknowledged  in  practice  to  exist 
from  the  origin  of  the  Government,  will  at  the  same  time  furnish  to  the 
country  a  sound  paper  medium  and  afford  all  reasonable  facilities  for  regu- 
lating the  exchanges.  When  submitted,  you' will  perceive  in  it  a  plan 
amendatory  of  the  existing  laws  in  relation  to  the  Treasury  Department, 
subordinate  in  all  respects  to  the  will  of  Congress  directly  and  the  will 
of  the  people  indirectly,  self-sustaining  should  it  be  found  in  practice  to 
realize  its  promises  in  theory,  and  repealable  at  the  pleasure  of  Congress. 
It  proposes  by  effectual  restraints  and  by  invoking  the  true  spirit  of 
our  institutions  to  separate  the  purse  from  the  sword,  or,  more  properly 
to  speak,  denies  any  other  control  to  the  President  over  the  agents  who 
may  be  selected  to  carry  it  into  execution  but  what  may  be  indispensablv 
necessary  to  secure  the  fidelity  of  such  agents,  and  by  wise  regulations 
keeps  plainly  apart  from  each  other  private  and  public  funds.  It  contem- 
plates the  establishment  of  a  board  of  control  at  the  seat  of  government, 
with  agencies  at  prominent  commercial  points  or  wherever  else  Congress 
shall  direct,  for  the  safe-keeping  and  disbursement  of  the  public  moneys
John  Tyler  1938 
and  a  substitution  at  the  option  of  the  public  creditor  of  Treasury  notes 
in  lieu  of  gold  and  silver.  It  proposes  to  limit  the  issues  to  an  amount 
not  to  exceed  $15,000,000  without  the  express  sanction  of  the  legisla- 
tive power.  It  also  authorizes  the  receipt  of  individual  deposits  of  gold 
and  silver  to  a  limited  amount,  and  the  granting  certificates  of  deposit 
divided  into  such  sums  as  may  be  called  for  by  the  depositors.  It  pro- 
ceeds a  step  further  and  authorizes  the  purchase  and  sale  of  domestic 
bills  and  drafts  resting  on  a  real  and  substantial  basis,  payable  at  sight 
or  having  but  a  short  time  to  run,  and  drawn  on  places  not  less  than  100 
miles  apart,  which  authority,  except  in  so  far  as  may  be  necessary  for 
Government  purposes  exclusively,  is  only  to  be  exerted  upon  the  express 
condition  that  its  exercise  shall  not  be  prohibited  by  the  State  in  which 
the  agency  is  situated.  In  order  to  cover  the  expenses  incident  to  the 
plan,  it  will  be  authorized  to  receive  moderate  premiums  for  certificates 
issued  on  deposits  and  on  bills  bought  and  sold,  and  thus,  as  far  as  its 
dealings  extend,  to  furnish  fadUties  to  commercial  intercourse  at  the 
lowest  possible  rates  and  to  subduct  from  the  earnings  of  industry 
the  least  possible  stun.  It  uses  the  State  banks  at  a  distance*  from  the 
agencies  as  auxiliaries  without  imparting  any  power  to  trade  in  its  name. 
It  is  subjected  to  such  guards  and  restraints  as  have  appeared  to  be  nec- 
essary. It  is  the  creature  of  law  and  exists  only  at  the  pleasure  of  the 
I^gislattire.  It  is  made  to  rest  on  an  actual  specie  basis  in  order  to 
redeem  the  notes  at  tiie  places  of  issue,  produces  no  dangerous  redun- 
dancy of  circulation,  affords  no  temptation  to  speculation,  is  attended  by 
no  inflation  of  prices,  is  equable  in  its  operation,  makes  the  Treasury 
notes  (which  it  may  use  along  with  the  certificates  of  deposit  and  the  notes 
of  specie-paying  banks)  convertible  at  the  place  where  collected,  receiv- 
able in  pa5anent  of  Government  dues,  and  without  violating  any  principle 
of  the  Constitution  affords  the  Government  and  the  people  such  facilities 
as  are  called  for  by  the  wants  of  both.  Such,  it  has  appeared  to  me,  are 
its  recommendations,  and  in  view  of  them  it  will  be  submitted,  whenever 
you  may  require  it,  to  your  consideration. 
I  am  not  able  to  perceive  that  any  fair  and  candid  objection  can  be 
urged  against  the  plan,  the  principal  outUnes  <rf  which  I  have  thus  pre- 
sented. I  can  not  doubt  but  that  the  notes  which  it  proposes  to  furnish 
at  the  voluntary  option  of  the  public  creditor,  issued  in  lieu  of  the  reve- 
nue and  its  certificates  of  deposit,  will  be  maintained  at  an  equaUty  with 
gold  and  silver  everywhere.  They  are  redeemable  in  gold  and  silver  on 
demand  at  the  places  of  issue.  They  are  receivable  everywhere  in  pay- 
ment of  Government  dues.  The  Treasury  notes  are  Umited  to  an  amoimt 
of  one-fourth  less  than  the  estimated  annual  receipts  of  the  Treasiuy ,  and 
in  addition  they  rest  upon  the  faith  of  the  Government  for  their  redemp- 
tion. If  all  these  assurances  are  not  sufficient  to  make  them  available, 
then  the  idea,  as  it  seems  to  me,  of  furnishing  a  sound  paper  medium  of 
exchange  may  be  entirely  abandoned.
1939  Messages  and  Papers  of  the  Presidents 
If  a  fear  be  indulged  that  the  Government  may  be  tempted  to  run  into 
excess  in  its  issues  at  any  future  day,  it  seems  to  me  that  no  such  appre- 
hension can  reasonably  be  entertained  until  all  confidence  in  the  repre- 
^ntatives  of  the  States  and  of  the  people,  as  well  as  of  the  people  them- 
selves, shall  be  lost.  The  weightiest  considerations  of  policy  require 
that  the  restraints  now  proposed  to  be  thrown  around  the  measure  should 
not  for  light  causes  be  removed.  To  argue  against  any  proposed  plan 
its  liability  to  possible  abuse  is  to  reject  every  expedient,  since  every- 
thing dependent  on  hiunan  action  is  hable  to  abuse.  Fifteen  millions  of 
Treasury  notes  may  be  issued  as  the  maximum^  but  a  discretionary 
power  is  to  be  given  to  the  board  of  control  under  that  sum,  and  every 
consideration  will  unite  in  leading  them  to  feel  their  way  with  caution. 
For  the  first  eight  years  of  the  existence  of  the  late  Bank  of  the  United 
States  its  circulation  barely  exceeded  $4,000,000,  and  for  five  of  its  most 
prosperous  years  it  was  about  equal  to  $16,000,000;  furthermore,  the 
authority  given  to  receive  private  deposits  to  a  Hmited  amount  and  to 
issue  certificates  in  such  sums  as  may  be  called  for  by  the  depositors 
may  so  far  fill  up  the  channels  of  circulation  as  greatly  to  diminish  the 
necessity  of  any  considerable  issue  of  Treasury  notes.  A  restraint  upon 
the  amount  of  private  deposits  has  seemed  to  be  indispensably  necessary 
from  an  apprehension,  thought  to  be  well  founded,  that  in  any  emergency 
of  trade  confidence  might  be  so  far  shaken  in  the  banks  as  to  induce  a 
withdrawal  from  them  of  private  deposits  with  a  view  to  insure  their 
unquestionable  safety  when  deposited  with  the  Government,  which 
might  prove  eminently  disastrous  to  the  State  banks.  Is  it  objected 
that  it  is  proposed  to  authorize  the  agencies  to  deal  in  bills  of  exchange? 
It  is  answered  that  such  deahngs  are  to  be  carried  on  at  the  lowest  pos- 
sible premium,  are  made  to  rest  on  an  unquestionably  sound  basis,  are 
designed  to  reimburse  merely  the  expenses  which  would  otherwise  devolve 
upon  the  Treasury,  and  are  in  strict  subordination  to  the  decision  of  the 
Supreme  Court  in  the  case  of  the  Bank  of  Augusta  against  Barle,  and 
other  reported  cases,  and  thereby  avoids  all  conflict  with  State  jurisdic- 
tion, which  I  hold  to  be  indispensably  requisite.  It  leaves  the  banking 
privileges  of  the  States  without  interference,  looks  to  the  Treasury  and 
the  Union,  and  while  furnishing  every  facility  to  the  first  is  careful  of  the 
interests  of  the  last.  But  above  all,  it  is  created  by  law,  is  amendable  by 
Vaw,  and  is  repealable  by  law,  and,  wedded  as  I  am  to  no  theory,  but  look- 
ing solely  to  the  advancement  of  the  pubUc  good,  I  shall  be  among  the 
very  first  to  urge  its  repeal  if  it  be  found  not  to  subserve  the  purposes  and 
objects  for  which  it  may  be  created.  Nor  will  the  plan  be  submitted  in 
any  overweening  confidence  in  the  sufl&dency  of  my  own  judgment,  but 
with  much  greater  reliance  on  the  wisdom  and  patriotism  of  Congress. 
I  can  not  abandon  this  subject  without  urging  upon  you  in  the  most 
emphatic  manner,  whatever  may  be  your  action  on  the  suggestions  which 
I  have  felt  it  to  be  my  duty  to  submit,  to  relieve  the  Chief  Executive
John  Tyler  1940 
Magistrate,  by  any  and  all  constitutional  means,  from  a  controlling  power 
over  the  public  Treasury.  If  in  the  plan  proposed,  should  you  deem  it 
worthy  of  your  consideration,  that  separation  is  not  as  complete  as  you 
may  desire,  you  will  doubtless  amend  it  in  that  particular.  For  myself, 
I  disclaim  all  desire  to  have  any  control  over  the  public  moneys  other 
than  what  is  indispensably  necessary  to  execute  the  laws  which  you  may 
pass. 
Nor  can  I  fail  to  advert  in  this  connection  to'  the  debts  which  many 
of  the  States  of  the  Union  have  contracted  abroad  and  under  which  they 
continue  to  labor.  That  indebtedness  amounts  to  a  sum  not  less  than 
$200,000,090,  and  which  has  been  retributed  to  them  for  the  most  part 
in  works  of  internal  improvement  which  are  destined  to  prove  of  vast 
importance  in  tiltimately  advancing  their  prosperity  and  wealth.  For 
the  debts  thus  contracted  the  States  are  alone  responsible.  I  can  do  no* 
more  than  express  the  belief  that  each  State  will  feel  itself  bound  by 
every  consideration  of  honor  as  well  as  of  interest  to  meet  its  engage- 
ments with  punctuality.  The  failure,  however,  of  any  one  State  to  do 
so  should  in  no  degree  afiEect  the  credit  of  the  rest,  and  the  foreign  capi- 
talist will  have  no  just  cause  to  experience  alarm  as  to  all  other  State 
stocks  because  any  one  or  more  of  the  States  may  neglect  to  provide  with 
punctuality  the  means  of  redeeming  their  engagements.  Even  such 
States,  should  there  be  any,  considering  the  great  rapidity  with  which 
their  resources  are  developing  themselves,  will  not  fail  to  have  the  means 
at  no  very  distant  day  to  redeem  their  obligations  to  the  uttermost  far- 
thing; nor  will  I  doubt  but  that,  in  view  of  that  honorable  conduct  which 
has  evermore  governed  the  States  and  the  people  of  the  Union,  they  will 
each  and  all*  resort  to  every  legitimate  expedient  before  they  will  forego 
a  faithful  compliance  with  their  obligations. 
From  the  report  of  the  Secretarj'^  of  War  and  other  reports  accom- 
pan5dng  it  you  will  be  informed  of  the  progress  which  has  been  made  in 
the  fortifications  designed  for  the  protection  of  our  principal  cities,  road- 
steads, and  inland  frontier  during  the  present  year,  together  with  their 
true  state  and  condition.  They  will  be  prosecuted  to  completion  with 
all  the  expedition  which  the  means  placed  by  Congress  at  the  disposal  of 
the  Executive  will  allow. 
I  recommend  particularly  to  your  consideration  that  portion  of  the  Sec- 
retary's report  which  proposes  the  establishment  of  a  chain  of  military 
posts  from  Council  BluflFs  to  some  point  on  the  Pacific  Ocean  within  our 
limits.  The  benefit  thereby  destined  to  accrue  to  our  citizens  engaged 
in  the  fur  trade  over  that  wilderness  region,  added  to  the  importance  of 
cultivating  friendly  relations  with  savage  tribes  inhabiting  it,  and  at  the 
same  time  of  giving  protection  to  our  frontier  settlements  and  of  estab- 
lishing the  means  of  safe  intercourse  between  the  American  settlements 
at  the  mouth  of  the  Columbia  River  and  those  on  this  side  of  the  Rocky 
Mountains,  would  seem  to  suggest  the  importance  of  carrying  into  effect
1 94 1  Messages  and  Papers  of  the  Presidents 
the  recommendations  upon  this  head  with  as  little  delay  as  may  be 
practicable. 
The  report  of  the  Secretary  of  the  Navy  will  place  you  in  possession 
of  the  present  condition  of  that  imfx)rtant  arm  of  the  national  defense. 
Every  efiFort  will  be  made  to  add  to  its  efficiency,  and  I  can  not  too 
strongly  urge  upon  you  liberal  appropriations  to  that  branch  of  the  public 
service.  Inducements  of  the  weightiest  character  exist  for  the  adoption 
of  this  course  of  policy.  Our  extended  and  otherwise  exposed  maritime 
frontier  calls  for  protection,  to  the  furnishing  of  which  an  efficient  naval 
force  is  indispensable.  We  look  to  no  foreign  conquests,  nor  do  we  pro- 
pose to  enter  into  competition  with  any  other  nation  for  supremacy  on 
the  ocean;  but  it  is  due  not  only  to  the  honor  but  to  the  security  of  the 
people  of  the  United  States  that  no  nation  should  be  permitted  to  invade 
otir  waters  at  pleasure  and  subject  our  towns  and  villages  to  conflagra- 
tion or  pillage.  Economy  in  all  branches  of  the  public  service  is  due 
from  all  the  public  agents  to  the  people,  but  parsimony  alone  would 
suggest  the  withholding  of  the  necessary  means  for  the  protection  of  our 
domestic  firesides  from  invasion  and  our  national  honor  from  disgrace. 
I  would  most  earnestly  recommend  to  Congress  to  abstain  from  all  appro- 
priations for  objects  not  absolutely  necessary;  but  I  take  upon  myself, 
without  a  moment  of  hesitancy,  all  the  responsibility  of  recommending 
the  increase  and  prompt  equipment  of  that  gallant  Navy  which  has 
lighted  up  every  sea  with  its  victories  and  spread  an  imperishable  glory 
over  the  country. 
The  report  of  the  Postmaster-General  will  claim  your  particular  atten- 
tion, not  only  because  of  the  valuable  suggestions  which  it  contains,  but 
because  of  the  great  importance  which  at  all  times  attaches  to  that  inter- 
esting branch  of  the  public  service.  The  increased  expense^of  transport- 
ing the  mail  along  the  principal  routes  necessarily  claims  the  public 
attention,  and  has  awakened  a  corresponding  soUcitude  on  the  part  of 
the  Government.  The  transmission  of  the  mail  must  keep  pace  with 
those  facilities  of  intercommunication  which  are  every  day  becoming 
greater  through  the  building  of  railroads  and  the  appUcation  of  steam 
power,  but  it  can  not  be  disguised  that  in  order  to  do  so  the  Post-Office 
Department  is  subjected  to  heavy  exactions.  The  lines  of  communica- 
tion between  distant  parts  of  the  Union  are  to  a  great  extent  occupied  by 
railroads,  which,  in  the  nature  of  things,  possess  a  complete  monopoly, 
and  the  Department  is  therefore  liable  to  heavy  and  unreasonable  charges. 
This  evil  is  destined  to  great  increase  in  future,  and  some  timely  measure 
may  become  necessfuy  to  guard  against  it. 
^^I  feel'it  my  duty  tp  bring  under  your  consideration  a  practice  whidi 
has  grown  up  in  the  administration  of  the  Government,  and  which,  I  am 
deeply  convinced,  ought  to  be  corrected.  I  allude  to  the  exercise  of  the 
power  which  usage  rather  than  reason  has  vested  in  the  Presidents  of 
removing  incumbents  from  office  in  order  to  substitute  others  more  in 
favor  with  the  dominant  party .^  /  My  own  conduct  in  this  respect  has 
been  governed  by  a  conscientious  purpose  to  exercise  the  removing  power
John  Tyler  1942 
only  in  cases  of  unfaithfulness  or  inability,  or  in  those  in  which  its  exercise 
appeared  necessary  in  order  to  discountenance  and  suppress  that  spirit  of 
active  partisanship  on  the  part  of  holders  of  office  which  not  only  with- 
draws them  from  the  steady  and  impartial  discharge  of  their  official  duties, 
but  exerts  an  undue  and  injurious  influence  over  elections  and  degrades 
the  character  of  the  Government  itself,  inasmuch  as  it  exhibits  the  Chief 
Magistrate  as  being  a  party  through  his  agents  in  the  secret  plots  or  open 
workings  of  political  parties. 
a  In  respect  to  the  exercise  of  this  power  nothing  should  be  left  to  dis- 
cretion which  may  safely  be  regulated  by  law,  and  it  is  of  high  impor- 
tance to  restrain  as  far  as  possible  the  stimulus  of  personal  interests  in 
pubUc  elections^'  Considering  the  great  increase  which  has  been  made 
in  public  offices  in  the  last  quarter  of  a  century  and  the  probability  of 
further  increase,  we  incur  the  hazard  of  witnessing  violent  political  con- 
tests, directed  too  often  to  the  single  object  of  retaining  office  by  those 
who  are  in  or  obtaining  it  by  those  who  are  out.  Under  the  influence  of 
these  convictions  I  shall  cordially  concur  in  any  constitutional  measure 
for  regulating  and,  by  regulating,  restraining  the  power  of  removal. 
I  suggest  for  your  consideration  the  propriety  of  making  without  further 
delay  some  specific  application  of  thp  funds  derived  under  the  will  of  Mr. 
Smitbson,  of  England,  for  the  diffusion  of  knowledge,  and  which  have 
heretofore  been  vested  in  public  stocks  until  such  time  as  Congress  should 
think  proper  to  give  them  a  specific  direction.  Nor  will  you,  I  feel  con- 
fident, permit  any  abatement  of  the  principal  of  the  legacy  to  be  made 
should  it  turn  out  that  the  stocks  in  which  the  investments  have  been 
made  have  undergone  a  depreciation. 
In  conclusion  I  commend  to  your  care  the  interests  of  this  District, 
for  which  you  are  the  exclusive  legislators.  Considering  that  this  city  is 
the  residence  of  the  Government  and  for  a  large  part  of  the  year  of  Con- 
gress, and  considering  also  the  great  cost  of  the  public  buildings  and  the 
propriety  of  affording  them  at  all  times  careful  protection,  it  seems  not 
unreasonable  that  Congress  should  contribute  toward  the  expense  of  an 
efficient  poUce.  jq^N  TYLER. 
SPECIAL  MESSAGES. 
Washington,  December  7, 1S41. 
To  the  Senate  of  the  United  States: 
I  transmit  herewith  a  report  from  the  Secretary  of  War,  in  compliance 
with  a  resolution  of  the  Senate  of  the  3d  of  March  last,  calling  for  a 
compsirative  statement  of  the  condition  of  the  public  defenses,  of  all  the 
preparations  and  means  of  defense,  and  of  the  actual  and  authorized 
strength  of  the  Army  on  the  ist  of  January,  1829,  and  the  ist  of  January 
1841.  JOHN  TYLER.
1943  Messages  and  Papers  of  the  Presidents 
Washington,  December  7,  Z84.T, 
To  the  Senate  of  the  United  States: 
I  transmit  herewith  a  report  from  the  War  Department,  in  compliance 
with  so  much  of  the  resolution  of  the  Senate  of  March  3,  1841,  respect- 
ing the  military  and  naval  defenses  of  the  country,  as  relates  to  the 
defenses  under  the  superintendence  of  that  Department. 
JOHN  TYLER. 
Washington,  December  8,  184^1. 
To  the  House  of  Representatives  of  the  United  States: 
In  answer  to  the  resolution  of  the  House  of  Representatives  of  the 
4th  of  September  last,  requesting  information  touching  the  relations 
between  the  United  States  and  the  Republic  of  Texas,  I  transmit  a 
report  from  the  Secretary  of  State,  to  whom  the  resolution  was  referred. 
JOHN  TYLER. 
^f^ASHiNGTON,  December  8,  1841. 
To  the  House  of  Representatives  of  the  United  States: 
I  transmit  herewith  a  report  from  the  Secretary  of  the  Treasury, 
exhibiting  certain  transfers  of  appropriations  which  have  been  made 
in  that  Department  in  pursuance  of  the  power  vested  in  the  President 
of  the  United  States  by  the  act  of  Congress  of  the  3d  of  March,  1809, 
entitled  '*An  act  further  to  amend  the  several  acts  for  the  establishment 
and  regulation  of  the  Treasury,  War,  and  Navy  Departments. " 
JOHN  TYLER. 
Washington,  December  2p,  1841. 
To  the  Senate  of  the  United  States: 
I  herewith  transmit  to  the  Senate  a  report*  from  the  Secretary  of 
State,  in  answer  to  their  resolution  of  the  27th  instant. 
JOHN  TYLER. 
Washington,  fanuary  4, 1842. 
To  the  House  of  Representatives  of  the  United  States: 
I  herewith  communicate  a  report  and  statement  from  the  Secretary  of 
State,  in  answer  to  a  resolution  of  the  House  of  the  19th  of  June,  1841. 
requesting  the  aggregate  amount  of  each  description  of  persons  within 
the  several  districts  of  the  United  States  by  counties  and  principal  towns. 
JOHN  TYLER. 
^Statinir  that  no  proposition  has  been  made  by  either  the  United  States  or  Great  Britain  relative 
to  the  mutual  rijarht  of  search.
John  lyiet  1944 
Washington,  January  10,  184,2, 
To  the  Senate  of  the  United  States: 
I  transmit  to  the  Senate,  for  its  consideration  with  a  view  to  ratifica- 
tion, a  convention  between  the  United  States  and  the  Republic  of  Peru, 
signed  at  I^ima  on  the  17th  of  March  last,  providing  for  the  adjustment 
and  satisfaction  of  certain  claims  of  citizens  of  the  United  States  against 
the  Government  of  that  Republic. 
For  the  purpose  of  acquainting  the  Senate  with  the  nature  and  amount 
of  those  demands  and  with  the  course  of  the  negotiation,  I  also  commu- 
nicate a  copy  of  such  parts  of  the  correspondence  of  the  agents  of  the 
two  Governments  as  relate  thereto.  JOHN  TYLER 
Washington,  Jantuiry  77,  1S42, 
To  the  Senate  of  the  United  States: 
I  transmit  to  the  Senate  a  report  from  the  Secretary  of  State,  relative 
to  the  proceedings  and  final  decision  of  the  commissioners  under  the 
convention  with  the  Republic  of  Texas  upon  the  subject  of  the  boundary 
between  the  United  States  and  that  Republic. 
JOHN  TYLER. 
[The  same  message  was  sent  to  the  House  of  Representatives.] 
Washington,  January  18,  184.2, 
To  the  House  of  Representatives: 
I  transmit  to  the  House  of  Representatives,  in  answer  to  the  resolution 
of  the  14th  instant,  a  report*  from  the  Secretary  of  State  and  the  papers 
by  which  it  was  accompanied.  JOHN  TYLER 
Washington,  Jantiary  Tp\  1842, 
To  the  Senate  of  the  United  States: 
I  transmit  to  the  Senate  herewith  a  report  f  from  the  Secretary  of 
State,  with  accompanying  papers,  in  answer  to  their  resolution  of  the 
"t^^"^^*-  JOHNTYI^ER. 
To  the  House  of  RepresentaHves:  January  27,  1842. 
I  transmit  herewith  a  report  J  of  the  Secretary  of  War,  in  answer  to 
the  resolution  of  the  House  of  Representatives  of  the  9th  August,  1841. 
JOHN  TYLER. 
*  Relating  to  American  dticens  captured  near  Santa  Pe,  Mexico,  by  the  Mexican  army. 
t  Transmitting  correspondence  relative  to  the  action  of  the  authorities  of  Nassau,  New  Provi- 
dence, in  the  imprisonment  of  slaves  charged  with  mutiny  and  murder,  the  refusal  to  surrender 
them  to  the  United  States  consul  for  trial  in  the  United  States,  and  the  liberation  of  slaves,  all  of 
said  slaves  being  a  part  of  the  cai^go  of  the  United  States  brig  Creole. 
X  Relating  to  the  origin  of  the  Seminole  war,  slaves  captured  during  said  war  by  United  States 
troops,  etc.
1945  •  Messages  and  Papers  of  the  Presidents 
Washington,  Febmary  5,  184.2. 
To  the  Senate  of  the  United  States: 
I  transmit  herewith  to  the  Senate  copies  of  a  report  and  letter  from  the 
commissioners  appointed  by  the  President  for  the  exploration  and  survey 
of  the  boundary  line  between  the  States  of  Maine  ^nd  New  Hampshire 
and  the  conterminous  British  Pro\dnces,  showing  the  progress  made  in 
that  work  during  the  past  season,  and  submitting  an  estimate,  to  which 
I  invite  the  attention  of  Congress,  of  the  funds  that  will  be  requisite  for 
completing  the  surveys  yet  to  be  made  on  the  boundary,  and  the  office 
work  consequent  thereon,  and  for  completing  the  maps  of  surveys  already 
^^^^'  JOHN  TYI.ER. 
[The  same  message  was  sent  to  the  House  of  Representatives.] 
Hon.  Daniki,  Wkbstkr,  ^^  ^^^^  •>^^«*^'^  ^'  '^^' 
Secretary  0/ State: 
The  undersigned,  commissioners  appointed  by  the  President  of  the  United  States 
for  the  purpose  of  exploring  and  surveying  the  boundary  line  between  the  States  of 
Maine  and  New  Hampshire  and  the  British  Provinces  in  North  America,  respectfully 
report — 
That  in  pursuance  of  the  duties  of  their  appointment  they  have  in  the  course  of 
the  late  season  performed  the  following  surveys  and  explorations: 
I.  The  meridian  line  of  the  monimient  at  the^sotirce  of  the  St.  Croix  has,  under 
the  direction  of  J.  D.  Graham,  been  carefully  and  accurately  traced  from  the  station 
in  the  vicinity  of  Houlton  where  the  labors  of  the  year  1840  terminated  to  a  point 
4  miles  north  of  the  St.  John  River  in  the  vicinity  of  the  Grand  Falls,  being  a  dis- 
tance of  81  miles  from  the  monument.  The  timber  has  been  removed  along  this  line 
to  a  width  necessary  for  its  accurate  prolongation  and  for  the  requisite  astronom* 
ical  observations  at  various  points  upon  it,  and  a  correct  profile,  or  vertical  section, 
has  also  been  obtained  by  means  of  the  spirit  level  the  whole  of  the  distance  above 
mentioned. 
Besides  the  astronomical  observations  necessary  to  obtain  and  continue  the  due 
north  direction  upon  this  line,  numerous  magnetic  observations  have  also  been  made 
at  a  number  of  points  upon  it,  in  order  to  show  the  physical  causes  which  must 
operate  to  produce  serious  discrepancies  between  a  meridian  line  properly  traced 
and  such  a  one  as  has  actually  separated  the  jurisdiction  of  the  two  Governments 
since  the  attempt  in  the  years  1817  and  1818  to  define  and  mark  this  portion  of  the 
boundary  under  the  provisions  of  the  treaty  of  Ghent,  although  no  portion  of  that 
line  was  ever  ratified  or  made  binding  upon  the  parties  to  the  treaty. 
Upon  this  portion  of  the  smvey  there  have  been  chained,  including  measured 
offsets  to  the  old  line  and  to  other  important  points,  85  miles. 
Four  hundred  and  fifty-two  transit  observations  of  heavenly  bodies  have  been 
made,  aided  by  three  excellent  chronometers,  for  the  determination  of  the  true 
meridian  direction,  most  of  which  also  served  for  the  computation  of  the  correct 
time. 
For  the  determination  of  the  longitude  of  this  meridian  west  of  the  Royal  Observa- 
tory of  Greenwich  and  the  latitudes  of  four  important  points  upon  it  there  were  made 
eighty-five  complete  sets  of  astronomical  observations,  including  altitudes  of  the  sun 
and  stars  and  the  meridian  transits  of  the  moon  and  moon-culminating  stars. 
The  number  qf  barometric  observations  made  upon  the  line  and  in  its  vicinity  ia 
5,767  ;  besides  which  there  were  made  at  Calais,  for  comparison  with  the  level  of 
mean  tide  on  the  St.  Croix.  1,336  similar  observations.
John  lyiet  1946 
There  have  been  determined  in  altitude  above  or  below  the  level  of  the  monu- 
ment, by  means  of  the  spirit  level,  1,716  points,  and  the  altitudes  of  1,816  other 
points  have  been  similarly  observed  in-order  to  verify  the  altitude  of  the  monument 
above  the  level  of  mean  tide  at  Calais. 
For  the  determination  of  the  magnetic  variation  at  a  number  of  points  on  the  me- 
ridian line,  more  than  260  observations  have  been  made  upon  four  different  needles, 
and  for  the  determination  of  the  magnetic  dip  at  four  principal  stations  on  the  same 
meridian  300  observations  have  been  made  upon  two  different  needles. 
Under  the  directions  of  the  same  commissioner  the  line  claimed  by  Great  Britain 
from  Mars  Hill  and  that  recently  chosen  by  Messrs.  Mudge  and  Featherstonhaugh 
have  been  stuveyed  westward  from  the  meridian  line  to  the  l^ghlands  near  the  head 
waters  of  the  Aroostook,  and  the  necessary  data  obtained  for  the  construction  of  a 
correct  map  of  that  portion  of  country. 
Upon  this  survey,  without  reckoning  the  distances  traveled  for  approaching  many 
important  points  of  observation,  there  have  been  actually  measured  with  the  chain 
and  coursed  with  proper  instruments  267  miles,  including  the  Aroostook  River  from 
its  mouth  to  the  point  where  it  receives  the  Lapawmpeag  Stream,  a  profile  of  the 
country  from  the  head  waters  of  the  Moluncus  to  the  St.  /ohn  at  Fish  River,  and 
such  other  important  lines  as  were  necessary  for  obtaining  the  correct  topography 
of  the  country,  and  the  altitudes  of  many  points  upon  the  line  claimed  by  Great 
Britain  as  the  boundary,  in  the  vicinity  of  the  Aroostook,  have  been  obtained. 
Ten  principal  points  have  been  determined  in  latitude  and  longitude  by  means  of 
1 15  sets  of  astronomical  observations,  aided  by  three  good  chronometers,  and  seven- 
teen other  points  have  been  determined  by  triangulation  with  a  portable  theodolite. 
Two  lyindred  and  five  points  have  been  determined  in  altitude  by  means  of  1,319 
barometric  observations,  and  seventeen  by  means  of  the  theodolite  and  spirit  level. 
One  hundred  and  ilhiety-two  observations  have  been  made  for  determining  the  varia- 
tion of  the  magnetic  needle  at  three  important  points. 
The  field  duties  above  mentioned  are  considered  to  ftumish  sufiEicient  data  for  a 
correct  map  of  the  line  reported  upon  by  the  late  British  commissioners,  'Colonel 
Mudge  and  Mr.  Featherstonhaugh,  between  the  St.  John  River  and  the  head  of  the 
Aroostook,  besides  some  lateral  explorations  of  considerable  extent  that  will  have  an 
Important  bearing  upon  this  branch  of  the  subject.  The  work  accomplished  is  full 
as  much  as  could  have  been  properly  done  in  a  single  season,  marked,  as  the  last 
was,  by  an  unusual  drought  of  long  continuance,  which  rendered  it  impossible  to 
ascend,  even  with  light  canoes,  some  of  the  smaller  streams,  especially  those  forming 
the  northwestemmost  sources  of  the  Aroostook.  These  might  be  profitably  explored 
another  season. 
2.  The  division  under  the  direction  of  A.  Talcott  has,  besides  verifying  a  part  of  the 
line  of  1840  and  tracing  the  course  of  Indian  Stream  (a  branch  of  the  Connecticut) 
to  its  source,  explored  and  smireyed  the  line  of  highlands  which  extends  from  the 
Kennebec  road  to  the  Temiscouata  portage,  and  so  much  of  the  line  claimed  by 
Great  Britain  as  extends  from  the  Kennebec  road  to  the  eastward  as  far  as  the  head 
of  the  Aroostook  River. 
In  the  course  of  this  survey,  without  counting  the  lines  of  approach  or  ground  trav- 
eled over  more  than  once,  703  miles  have  been  passed  over  and  such  notes  taken  as 
will  form  the  basis  of  a  map.  Of  these  703  miles,  335  are  upon  the  lines  respectively' 
claimed  as  boundaries  by  the  Governments  of  the  United  States  and  Great  Britain.  In 
the  course  of  these  surveys,  in  order  to  the  geographical  determination  of  the  position 
of  the  line,  the  latitudes  of  54  points  have  been  determined  by  means  of  114  sets  of 
altitudes  of  heavenly  bodies,  and  the  sets  of  subsidiary  observations  for  time  and  for 
the  determination  of  longitude  by  chronometers  amount  to  245.  The  number  of  points 
at  which  observations  have  been  made  by  barometers  for  the  purpose  of  determining 
their  altitudes  is  930,  of  which  669  are  upon  the  boundaries  respectively  claimed  by
1947  Messages  and  Papers  of  the  Presidents 
the  two  countries.  The  number  of  separate  sets  of  barometric  readings  made  at  the^e 
points  amounts  to  i  ,981 ,  while  those  made  at  the  fixed  |tations,  with  which  the  former 
are  to  be  compared,  amount  to  1,671. 
3.  The  division  under  the  direction  of  J.  Renwick  has  explored  or  surveyed  the 
line  of  highlands  from  the  southeastern  extremity  of  Lake  Matapediac  to  the  vicinity 
of  the  river  Du  Loup,  where  the  line  of  survey  has  been  connected  with  that  of  A. 
Talcott.  In  this  survey  a  gap  is  yet  left  of  a  few  miles  on  the  western  side  of  the 
valley  of  the  Rimouski  near  its  sotu-ce. 
In  the  course  of  the  operations  of  this  division  586  miles  have  been  passed  over 
and  such  notes  taken  as  will  form  the  basis  of  a  map.  Of  these  586  miles,  275  have 
been  actually  measured,  209  are  upon  the  bound£Lry  claimed  by  the  United  States, 
and  about  30  upon  the  line  pointed  out  by  the  proclamation  of  the  King  of  Great 
Britain  of  the  7th  of  October,  1763,  as  the  southern  boundary  of  the  Province  of 
Quebec,  making  in  all  239  miles  of  the  height  of  land. 
In  the  course  of  these  surveys,  in  order  to  the  geographical  determination  of  the 
position  of  the  line,  the  latitudes  of  47  points  have  been  determined  by  means  of  85 
sets  of  altitudes  of  heavenly  bodies,  and  the  sets  of  subsidiary  observations  for  time 
and  for  the  determination  of  longitude  by  chronometers  amount  to  130.  The  number 
of  points  at  which  observations  have  been  made  by  barometers  for  the  purpose  of 
determining  their  altitudes  is  407,  of  which  267  are  upon  the  boundary  claimed  by 
the  United  States.  The  number  of  separate  sets  of  barometric  readings  made  at  these 
points  amounts  to  1,153,  while  those  made  at  the  fixed  stations  amount  to  837. 
The  division  of  Major  Graham  not  having  returned  from  the  field  until  within  a 
few  days,  neither  the  reduction  of  the  astronomical  observations  nor  any  of  the  office 
work  preparatory  to  a  general  map  has  yet  been  commenced  by  his  division.* 
The  office  work  of  the  divisions  of  A.  Talcott  and  J.  Renwigk  has  been  steadily 
carried  on  since  the  return  of  those  commissioners  from  the  field  in  the  month  of 
October,  and  great  progress  has  been  made  in  the  calculations  and  plotting  prepara- 
tory to  the  construction  of  maps,  and  necessary  as  materials  for  a  general  report. 
In  this  state  of  the  work  of  the  several  divisions  the  undersigned  find  themselves 
under  the  necessity  of  communicating  to  the  State  Department  that  the  further 
progress  of  their  operations  is  about  to  be  arrested  by  the  exhaustion  of  the  appro- 
priation, and  of  stating  that  unless  speedy  provision  be  made  for  the  supply  of  the 
necessary  funds  the  report  of  their  operations  Can  not  be  made  up  in  time  to  be  laid 
before  Congress  at  its  present  session. 
The  position  of  the  finances  of  the  commission  may  be  seen  by  the  following 
statement: 
Of  the  appropriation  of  $75,000  there  have  been  drawn-- 
By  J.  Renwick   $21,000 
By  A.  Talcott   : 
    84.  «> 
By  J.  D.  Graham      25. 000 
Total  drawn      7(\a(x> 
I«eaving  in  the  Treasury  of  the  United  States  $4,800. 
By  a  careful  estimate  it  is  found  that  to  finish  the  office  work  of  the  several  divi- 
sions there  will  be  required  over  and  above  any  balances  in  the  hands  of  the 
several  commissioners— 
For  the  division  of  J.  Renwick      $3iC»o 
For  the  division  of  A.  Talcott        5.800 
For  the  division  of  J.  D.  Graham,  including  some  arrearages  due  for  instru- 
ments and  to  assistant  engineers  attached  to  this  division       6,500 
Makinff  in  all  $15,300,  and  leavinar  to  be  provided  for  the  completion  of  the  work  of  the 
late  season  $10,500. 
The  undersigned  can  not  refrain  from  stating  that  the  necessity  of  applying  for 
further  funds  was  unexpected  by  each  of  them  individually,  as  it  is  painful  to  them 
collectively.     There  are,  however,  reasons  that  in  their  opinion  are  incontrovertible
John  Tyler  1948 
which  have  led  to  an  expenditure  thus  exceeding  their  estimate  submitted  to  the 
Secretary  of  State  the  i  ith  of  January,  1841 :  | 
I.  The  estimate  for  the  expenses  of  the  division  under  the  direction  of  Major 
Graham  amounted  to  122,500.  This  referred  only,  however,  to  the  continuation  of 
the  survey  of  the  meridian  line;  and  as  the  coimtry  had  been  represented  by  the  most 
authentic  maps  as  generally  rising  from  the  monument  to  the  north,  it  was  inferred 
that  the  timber  to  be  cut  away  in  opening  this  line  through  a  dense  forest  would  be 
of  the  description  generally  found  upon  elevated  and  dry  lands,  and  the  labor  sup- 
posed to  be  requisite  was  estimated  accordingly.  So  far,  however,  from  this  being 
the  case,  26  miles  out  of  the  32  between  the  base  of  Parjcs  Ridge,  near  Houlton,  and 
the  river  Des  Chutes  (6  miles  north  of  the  latitude  of  Mars  HiU)  have  actually  been 
found  to  be  below  the  level  of  the  monument  and  intersected  by  swamps  covered  with 
a  thick  growth  of  cedar  and  other  timber  common  to  such  land,  extremely  difficult 
to  cut  away.  More  than  double  the  labor  estimated  had  therefore  to  be  performed 
in  accomplishing  this  and  all  similar  portions  of  the  work,  and  a  corresponding 
increase  of  expense  was  unavoidable. 
In  addition  to  this  increased  labor  upon  the  meridian  line,  the  division  of  Major 
Graham  has  executed  the  surveys  between  that  line  and  the  head  waters  of  the 
Aroostook,  already  given  in  detail,  the  expenses  for  which  were  not  estimated  or 
included  in  the  smn  above  mentioned. 
The  cost  of  this  survey,  including  the  instruments  that  were  required  for  it,  has 
amounted  to  $5,500,  and  while  this  sum  should  be  added  to  the  original  estimate  for 
this  division,  the  expenses  of  the  divisions  of  the  other  two  commissioners  have  not 
in  any  manner  been  thereby  diminished,  for  the  actual  quantity  of  work  performed 
by  them  has  exceeded  what  was  supposed  from  the  best  maps  extant  to  be  necessary 
upon  the  whole  of  the  lines  claimed  by  the  two  Governments,  respectively,  exclusive 
of  the  meridian  line,  as  will  hereafter  be  shown. 
There  was  another  cause  which  tended  in  a  great  degree  to  augment  the  expenses  of 
this  division  in  proportion  to  the  progress  of  the  work,  which  it  was  not  within  the 
power  of  human  agency  to  control,  and  which  we  should  not  omit  to  mention  here. 
The  severe  drought  which  prevailed  throughout  this  region  of  country  during 
the  month  of  August  and  the  greater  part  of  September  caused  the  fires  which  are 
annually  set  to  the  fallen  timber  upon  newly  cleared  lands  to  spread  far  and  wide 
into  the  growing  forest,  and  so  rapid  was  its  progress  and  so  serious  its  ravages  as 
to  compel  the  inhabitants  in  many  cases  to  fly  for  the  preservation  of  life.  Some 
check  was  experienced  in  the  duties  along  the  meridian  line  from  the  flames  that 
actually  embraced  it,  but  a  far  more  serious  one  from  the  dense  smoke  which  filled 
the  atmosphere  almost  incessantly  for  six  weeks,  and  so  obstructed  the  view  as  to 
render  it  impossible  to  fix  the  stations  in  advance  with  the  requisite  precision. 
While  the  party  charged  with  the  astronomical  operations  was  thus  deprived  of 
the  opportunity  of  making  scarcely  any  progress  for  six  weeks,  the  expense  of  main- 
taining it  could  not  in  any  way  be  diminished,  because  there  was  a  daily  hope  that 
such  a  change  in  the  weather  might  occur  as  would  have  removed  this  difficulty. 
In  order  to  make  amends  as  far  as  practicable  for  so  much  time  unavoidably  lost, 
this  division  continued  to  prosecute  its  field  duties  north  of  the  forty-seventh  degree 
of  latitude  imtil  several  weeks  after  the  severities  of  winter  had  commenced,  with  no 
other  protection  than  their  tents,  the  commissioner  in  charge  of  it  believing  that  the 
expectations  of  the  Government  and  of  the  country  generally  would  but  be  fulfilled 
by  the  investigations  in  relation  to  this  important  line  being  pushed  to  the  utmost 
attainable  point  But  for  this  it  would  have  been  impossible  to  have  reached  the  St 
John  River  the  late  season. 
There  remains  to  be  survejred  along  this  meridian  line,  in  order  to  reach  the  north- 
west angle  of  Nova  Scotia  as  claimed  by  the  United  States,  about  64  miles,  to  accom- 
plish which  will  require  another  season  of  active  field  duty.
1949  Messages  and  Papers  of  the  Presidents 
2.  In  the  estimate  for  the  work  of  the  division  of  A.  Talcott  and  J.  Renwick  it 
«vas  assumed  that  the  length  of  the  botmdary  remaining  on  the  line  claimed  by  the 
United  States  was  320  miles,  and  upon  the  lines  claimed  by  Great  Britain  170  miles. 
Of  the  latter,  about  one-half  was  undertaken  by  Major  Graham's  division/  leavin^^ 
for  the  estimated  distance  to  be  surveyed  by  the  divisions  of  A.  Talcott  aud  J.  Ren« 
wick  405  miles. 
It  will  appear  by  the  statement  hereinbefore  given  that  the  joint  surveys  of  these 
two  divisions  upon  the  lines  of  highlands  have  actually  amounted  to  574  miles. 
Upon  the  principle  of  their  estimate,  the  probable  cost  of  this  would  have  amounted 
to  $49,746.37,  and  with  the  kddition  for  instruments  and  for  the  additional  cost  of 
the  more  remote  parts  of  the  line  to  157,079.70. 
The  actual  cost,  including  the  foregoing  estimate  for  the  completion  of  the  work, 
is  |54,ooo. 
It  will  appear,  therefore,  that  when  the  increased  extent  of  the  work  performed 
over  that  made  the  basis  of  the  estimate  is  considered,  the  cost  of  performing  it,  so 
far  from  having  exceeded  the  estimate,  has  fallen  short  of  it  by  |3,ooo. 
The  reason  of  the  discrepancy  between  the  real  extent  of  the  line,  as  actually 
measured,  and  that  which  formed  the  basis  of  the  calculation  is  that  the  latter  was 
made  by  reference  to  the  best  existing  maps,  which  were  considered  to  be  entitled  to 
a  certain  degree  of  credit.  Upon  the  close  examination  which  the  operations  of  the 
late  season  have  afforded,  these  maps  have  been  ascertained  to  be  exceedingly  erro- 
neous. Well-known  streams  have  been  found  to  extend  in  either  direction  many 
miles  beyond  the  points  at  which  their  sources  have  been  laid  down  on  the  maps, 
and  great  rivers  and  lakes  have,  as  it  were,  been  discovered,  of  which  no  delineation 
had  ever  been  given  by  geographers.  The  extent  of  these  errors  in  remote  and 
difficultly  accessible  points  may  be  inferred  from  what  has  been  found  to  occur  iir 
the  part  of  the  region  which  is  most  accessible,  best  known,  and  most  frequently 
traversed. 
On  the  Temiscouata  portage,  a  road  traveled  weekly  by  the  mail  of  Her  Britannic 
Majesty,  continually  passed  by  the  officers  of  her  various  services,  which  had  been 
carefully  surveyed  by  civil- engineers  preparatory  to  its  reconstruction,  and  which  has 
been  traveled  by  the  surveyors  of  both  countries  imder  the  joint  commission,  it  had 
hitherto  been  believed,  and  it  was  so  represented  on  all  maps,  both  English  and 
American,  that  the  line  dividing  the  waters  crossed  the  road  three  times.  The  sur- 
veys of  the  late  season  show  that  the  boundary  claimed  by  the  United  States  crosses 
this  road  five  times,  and  it  became  necessary  to  explore  the  culminating  points  of  the 
valleys  of  four  streams,  instead  of  two,  as  had  been  anticipated,  instances  of  the  same 
sort,  but  which  do  not  admit  of  verbal  description,  have  occurred  on  every  part  of  the 
lines  of  highlands. 
The  two  commissioners  whose  operations  are  under  consideration  no  doubt  had  it 
in  their  power  to  have  suspended  their  operations  and  returned  so  soon  as  the  por- 
tion of  the  appropriation  placed  at  their  disposal  was  so  far  exhausted  as  to  leave  no 
more  than  would  be  needed  to  complete  their  office  work;  but  they  feel  satisfied 
that  they  would  not  have  been  justified  in  so  doing  so  long  as  any  portion  of  the  line 
remained  unsurveyed  or  the  weather  would  permit  a  party  to  keep  the  field.  Thus, 
although  in  the  original  plan  for  the  partition  of  the  work  it  was  estimated  that  their 
lines  would  probably  be  connected  in  the  parallel  of  the  river  Ouelle,  about  30  miles 
south  of  Temiscouata  portage,  when  it  was  found  that,  from  unforeseen  delays  in  the 
transportation  of  the  party  of  J.  Renwick  by  sea  to  their  work,  and  on  the  river 
*It  has  already  been  stated  that  in  the  survey  of  the  portionof  this  line  allotted  to  Major  Graham 
there  were  actually  measured  upon  it,  with  the  chain,  276  miles,  and  this  did  not  constitute  more 
than  one-half  the  labor  and  expense  incident  to  all  the  duties  enumerated  and  performed  by  his 
division  on  his  portion,  so  much  did  the  work  required  upon  this  portion  of  it  exceed  what  was 
estimated  for  the  whole  of  it.
John  Tyler  1950 
St  Lawrence  from  one  station  to  another,  it  became  doubtful  whether  he  could  pass 
the  Temiscouata  portage  before  the  woods  became  impassable,  his  colleague  con- 
tinued his  parties  in  the  iield  until  the  junction  was  effected.  In  this  way,  while  the 
expenses  of  the  division  of  J.  Renwick  have  not  been  materially  diminished,  those  of 
the  division  of  A.  Talcott  have  been  largely  increased;  but  a  portion  of  the  genera] 
work  has  been  accomplished  which  might  otherwise  have  been  left  incomplete. 
The  undersigned,  in  conclusion,  beg  leave  respectfully  to  urge  the  importance  of  a 
speedy  appropriation  to  enable  them  to  make  up  their  report.  A  delay  of  any  con- 
tinuance will  be  productive  of  evil,  either  by  enhancing  the  cost  of  office  work  or  by 
rendering  it  difficult  in  "consequence  of  the  dispersion  of  the  engineers  and  survey- 
ors by  whom  the  field  notes  have  been  taken.  Upon  the  completion  only  of  such  a 
report  will  it  be  possible  to  render  apparent  how  much  of  the  whole  task  has  been 
accomplished  and  how  much  remains  to  be  performed;  and  the  Department  will 
then  have  it  in  its  power  to  decide  whether  the  part  that  has  not  been  completed  is 
of  such  importance  to  the  question  at  issue  as  to  require  further  operations  upon  it 
All  which  is  respectfully  submitted. 
JAS.  RENWICK, 
A.  TALCOTT, 
J.  D.  GRAHAM, 
Commissioners. 
Hon.  DANIBl,  WBB9T8R,  WASHINGTON.  y<.«««0'  ^5.  ^42. 
Secretary  of  State. 
Sir:  The  undersigned,  commissioners  appointed  by  the  President  of  the  United 
States  for  the  purpose  of  surveying  and  exploring  the  boundary  line  between  the 
States  of  Maine  and  New  Hampshire  and  the  British  Provinces,  beg  leave,  in  com- 
pliance with  your  directions,  to  submit  an  estimate  for  the  operations  of  the  commis- 
sion for  the  ensuing  year. 
So  much  of  your  directions  as  regards  the  state  of  the  survey  and  the  amoimt 
required  to  complete  the  office  work  preparatory  to  a  report  has  already  been  laid 
before  you  in  their  report  of  the  4th  January,  1842,  prepared  in  anticipation  of  your 
orders.  By  reference  thereto  it  will  appear  that  the  delineation  of  the  meridian  of  the 
source  of  St.  Croix  has  not,  in  spite  of  every  effort  on  the  part  of  the  commissioner 
to  whom  it  was  assigned,  been  pursued  farther  than  81  miles  from  the  monimient. 
Sixty-four  miles,  therefore,  of  the  said  meridian  line  remain  to  be  surveyed  before 
this  part  of  their  task  is  completed.  The  other  two  commissioners,  while  they  would 
not  have  hesitated  to  join  in  a  iinal  report  in  case  the  state  of  the  survey  of  the 
meridian  line  would  have  permitted  it,  are  aware  that  the  hasty  manner  in  which 
their  work  was  performed,  in  anticipation  of  completing  the  object  of  their  appoint- 
ment during  the  past  year,  leaves  room  for  a  more  accurate  examination  of  some 
parts  of  the  lines  they  have  surveyed.  Some  portions,  also,  of  the  lines  intrusted  to 
them,  respectively,  were  not  reached;  and,  in  addition,  a  part  of  the  survey  which  was 
contemplated  in  their  original  instructions  from  your  predecessor  was  not  included 
in  their  estimates  for  the  past  year,  in  consequence  of  its  having  only  a  collateral 
relation  to  the  main  object. 
Thus  the  surveys  respectively  undertaken  by  Messrs.  Talcott  and  Graham  of  the 
lines  claimed  on  the  part  of  Great  Britain  and  by  Messrs.  Mudge  and  Featherston- 
haugh,  although  brought  near  to  each  other,  have  not  been  united,  and  a  part  of  the 
highlands  claimed  by  the  United  States  near  the  source  of  the  Rimouski  was  not 
reached  by  the  parties  of  Professor  Renwick. 
The  height  of  a  part  of  the  line  explored  by  Captain  Talcott  in  1840,  lying  at  the 
source  of  Arnolds  River,  was  not  determined  for  the  want  of  a  barometer. 
Two  or  three  miles  in  length  of  the  line  of  highlands  near  the  soiwce  of  the  river 
Du  Loup  require  to  be  reexamined. 
The  longitudes  of  Lake  Megantic,  Lake  Etchemin,  the  source  of  the  Metjannette.
1 95 1  Messages  and  Papers  of  the  Presidents 
upon  the  line  of  Captain  Talcott,  and  of  some  one  point  on  the  line  of  Professor  Ren- 
wick  ought  to  be  ascertained  with  greater  precision  than  the  time  that  could  be 
allowed  during  the  last  season  would  permit. 
The  instructions  of  Mr.  Forsyth  contemplated  an  exploration  of  the  highlands 
described  in  the  proclamation  of  1763  as  beginning  on  the  north  shore  of  the  Bay 
of  Chaleurs.  The  existence  of  a  continuous  elevated  region  from  the  tide  of  that 
bay  to  the  termination  of  the  exploring  meridian  line  has  been  ascertained  in  a 
manner  satisfactory  to  the  commission,  but  the  heights  have  not  been  measured  on 
that  part  of  it  which  lies  nearest  to  the  Bay  of  Chaleurs. 
Under  these  circumstances  the  undersigned  are  of  opinion  that  as  no  delay  in  the 
presentation  of  a  final  report  will  arise  from  further  explorations  of  the  parts  of 
the  territory  thus  pointed  out  and  the  more  accurate  examination  of  the  uncertain 
matters,  it  would  add  to  the  confidence  which  may  be  placed  in  their  results  that  a 
party  be  employed  under  the  direction  of  each  of  the  above-named  commissioners 
upon  the  said  work.     For  this  object  it  is  estimated — 
•  I.  13iat  $25,000  in  all,  say  $12,500  to  be  expended  under  the  direction  of  each  of 
the  two  above-named  commissioners,  will  suffice.  A  less  sum  than  this  will  not 
keep  two  parties  in  the  field  during  the  working  season;  a  larger  sum  could  not 
advantageously  be  expended  on  this  part  of  the  work. 
2.  In  estimating  the  amount  necessary  for  completing  the  delineation  of  the  me- 
ridian of  the  sotu-ce  of  the  river  St.  Croix,  it  will  be  borne  in  mind  that  numerous 
astronomical  observations  must  be  made  in  aid  of  the  operations  with  the  transit 
instrument,  in  order  constantly  to  preserve  the  true  north  direction,  a  condition  of 
the  utmost  consequence,  not  alone  as  affecting  the  extent  of  territory  that  will  be 
embraced  by  it,  but  more  particularly  because  the  character  and  position  of  the  high- 
lands alluded  to  in  the  treaty  of  1783  would  be  exhibited  in  a  very  different  light  as 
encountered  by  a  line  running  diie  norths  as  is  required  by  the  treaty,  and  by  one 
varying  even  in  a  slight  degree  from  that  direction.  This  principle  has  already  been 
exhibited  in  a  striking  manner  by  the  trace  of  the  meridian  line  as  far  as  it  has  now 
progressed,  for  instead  of  encountering  highlands  in  the  latitude  of  Mars  HiU  hav- 
ing a  claim  to  be  considered  those  described  in  the  treaty  as  the  intended  boundary 
between  the  two  countries,  the  line  as  recently  traced  actually  passes  that  latitude  at 
an  elevation  of  less  than  10  feet  above  the  level  of  the  monimient,  and  the  greatest 
elevation  encountered  by  this  line  in  passing  over  any  spur  connected  with  Mars 
Hill  is  63  feet  above  the  level  of  the  monument.  In  advance  of  this  spur  the  line 
becomes  again  depressed  below  the  level  of  the  monument  at  several  points  before 
it  reaches  the  Aroostook. 
These,  however,  are  only  a  few  of  the  many  facts  that  might  be  adduced  from  the 
surveys  already  made  to  show  how  important  it  is  to  the  question  at  issue  that 
every  necessary  means  to  avail  of  the  aids  of  science  should  be  adopted  in  order  to 
preserve  scrupulously  the  direction  specified  in  the  treaty  while  tracing  this  line.  It 
must  also  be  remembered  that  in  the  further  prosecution  of  this  duty  a  wilderness 
has  to  be  traversed,  totally  uninhabited  and  totally  without  roads.  The  only  means 
of  progressing  through  it  and  of  transporting  the  necessary  provisions  and  the  instru- 
ments indispensable  to  accuracy  will  be  by  means  of  canoes,  for  supplying  two  or 
three  depots  at  points  where  Grand  River  and  the  waters  of  the  Restigouche  inter- 
sect the  line,  leaving  the  whole  transportation  along  the  meridian  to  be  performed 
by  packmen,  or  men  carrying  burdens  on  their  backs.  That  the  usual  avenue  to  give 
an  unimpeded  view  along  the  line  must  be  opened  through  a  dense  forest,  which  in 
the  neighborhood  of  all  streams  crossing  it  will  still  be  found  to  consist  of  that 
swampy  growth  described  in  the  report  from  the  undersigned  of  the  4th  of  January 
instant  as  requiring  so  much  labor  to  cut  through  it 
With  all  these  circumstances  in  view,  the  following  estimate  for  the  completion 
ot  the  survey  of  the  meridian  line  and  for  some  further  surveys  between  that  line
John  Tyler  1952 
and  the  source  of  the  Aroostook  is  submitted  ;  and  it  is  intended  to  embrace  the 
expense  of  completing  both  the  field  and  the  office  work  that  will  require  to  be 
done  in  order  to  a  final  accomplishment  of  the  duties. 
Estimate  for  the  meridian  line. 
I.    P<iy  of  4  assistant  engineers  from  May  i,  1842,  to  March  31.  1843,  being 
304  days  at  $4  per  day  each   Ufi^^  00 
a.    Pay  of  3  other  assistant  engineers  from  May  i,  1842,  to  December  31, 
1842,  being  275  days,  at  I3  per  day  each      2,475. 00 
3.  Hire  of  30  men  as  axmen,  and  for  preparing,  constructing,  and  erecting 
stations  and  signals  in  advance,  from  June  z  to  November  30,  1842, 
being  183  days,  at  $1  each  per  day.      5.490-  «> 
4.  Hire  of  30  other  men  as  instrument  carriers,  chain  bearers,  canoe  men, 
and  packmen  for  183  days,  as  above,  at  |i  per  day  each      5.490.  00 
5.  Hire  of  x  carpenter  and  2  cooks  183  days,  as  above,  at  $1.25  per  day  each      686.  25 
6.  Subsistence  of  i  commissioner,  7  assistant  engineers,  i  carpenter,  2 
cooks.fand  60  men,  as  above,  being  in  all  71  persons,  while  in  the  field, 
183  days  at  50  cents  per  day  each,  including  transportation  of  provi- 
sions to  Grand  Falls  of  St.  John,  or  first  depot         496.  50 
7.  Purchase  of  barometers  and  repairs  of  instruments  heretofore  used         800.  00 
8.  Salary  of  commissioner      3jOoo.  00 
9.  Contingencies,  including  stationary,  office  rent,  and  fuel,  and  transpor- 
tation of  engineers  and  commissioner  to  and  from  the  field       1.500.  00 
Total  required  for  the  meridian  line   30,  801.  75 
That  is  to  say,  $30,801.75,  making  the  whole  amount  for  the  work  yet  to  be  performed 
in  the  field  on  alt  parts  of  the  boundary  and  fur  the  office  work  that  will  be  consequent 
from  the  said  field  work,  155,801.  75. 
/Ul  which  is  respectfully  submitted.  j^g  RENWICKl 
A.  TALCOTT,      \  
Commissioners* 
J.  D.  GRAHAM,  J 
RBCAPITUI^TION. 
I.  Affioimt  of  estimate  for  completing  the  surveys  yet  reqcdred  to  ble  madeoD 
the  boundary,  as  above  stated   IS5i8oi*7S 
a.  Amount  of  estimate  rendered  with  report  of  January  4, 1842,  for  oomplet- 
ing  maps  of  surveys  already  made,  etc      lOfScxxoo 
Aggregate  amount  required  ••••••-•»«   .«•••••.«••«•«   ••.'•«•••    66,301*75 
TotheHauseo/RepresenioHves:  Washington.  February  9,  r8^. 
In  answer  to  a  resolution  of  the  House  of  Representatives  of  the  7th 
of  February,  1842,  in  the  following  words— 
Resolved^  That  the  President  of  the  United  States  inform  this  House  under  what 
authority  the  commission,  consisting  of  George  Poindexter  and  others,  for  the 
investigation  of  the  concerns  of  the  New  York  custom-house  was  raised;  what  were 
the  purposes  and  objects  of  said  commission;  how  many  persons  have  in  any  way 
been  connected  with  it,  and  the  compensation  received  or  to  be  received  by  each; 
and  the  aggregate  amount  of  every  description  of  said  commission,  and  out  of  what 
fund  the  said  expenditures  have  been  or  are  to  be  paid — 
I  have  to  state  that  the  authority  for  instituting  the  commission  men* 
tioned  in  said  resolution  is  the  authority  vested  in  the  President  of  the 
United  States  to  **take  care  that  the  laws  be  faithfully  executed,  and  to 
give  to  Congress  from  time  to  time  information  on  the  state  of  the 
Union,  and  to  recommend  to  their  consideration  such  measures  as  he  shall 
judge  necessary  and  expedient.'* 
The  expedienqy,  if  not  the  necessity,  of  inquiries  into  the  transactions 
of  our  custom-houses,  especially  in  cases  where  abuses  and  malpractices 
are  alleged,  must  be  obvious  to  Congress,  and  that  investigations  of  this
I9S3  Messages  and  Papers  of  the  Presidents 
kind  were  expected  to  be  made  appears  from  the  provision  in  the  twenty- 
first  section  of  the  act  of  1799,  "which  enjoins  collectors  of  the  customs  to 
submit  their  books,  papers,  and  accounts  to  the  inspection  of  such  persons 
as  shall  be  appointed  for  that  purpose.*' 
The  purposes  and  objects  of  the  commission  will  be  explained  by  the 
commission  itself,  a  copy  of  which,  together  with  information  on  the  other 
subjects  mentioned  in  the  resolution,  will  at  the  proper  time  be  laid 
before  Congress.  JOHN  TYLER. 
Washington,  February  11,  184,2. 
To  the  Senate  of  the  United  States: 
In  compliance  with  the  request  of  the  governor  of  the  Territory  of 
Iowa,  I  have  the  honor  to  submit  the  accompanying  memorials^  and  joint 
resolutions*  of  the  council  and  house  of  representatives  of  that  Territory 
to  your  consideration.  jqHj^  TYLER. 
"Washington,  February  14,  1842, 
To  the  House  of  Representatives  of  the  United  States: 
In  compliance  with  a  resolution  of  the  House  of  Representatives  of  the 
3d  instant,  I  transmit  herewith  a  report  f  from  the  Secretary  of  State, 
with  copies  of  the  papers  requested  by  the  resolution. 
JOHN  TYLER. 
Washington,  February  16,  1842. 
To  the  House  of  Representatives: 
I  transmit  herewith  a  communication  addressed  to  me  by  the  Secretary 
of  War,  in  relation  to  certain  contracts  entered  into  by  a  board  of  medical 
officers  appointed  for  that  purpose  for  the  purchase  of  sites  on  the  west* 
em  waters  for  the  erection  of  marine  hospitals;  and  concurring  fully  in 
his  views  of  the  subject,  I  recommend  that  either  an  appropriation  of 
$44,721  be  made  for  the  purpose  of  satisfying  the  claims  of  the  individ- 
uals with  whom  the  contracts  were  made  or  that  the  Department  of  War 
be  authorized  to  reconvey  to  them  their  lands  and  annul  the  contracts. 
JOHN  TYLER- 
Washington,  February  18,  1842. 
To  the  Senate  and  House  of  Representatives  of  the  United  States: 
I  have  the  honor  to  invite  the  attention  of  Congress  to  the  accompany- 
ing  letter,  addressed  to  me  by  the  Secretary  of  State.    You  will  doubtless 
^Asldng  an  appropriation  to  defray  tlie  expenses  growing  out  of  the  dispute  between  the  United 
St'ites,  within  the  Territoiy  of  Iowa,  and  the  State  of  Missouri  relative  to  the  southern  boundary 
line,  an  appropriation  to  defray  the  expenses  of  a  convention  for  the  formation  of  a  State  ooo- 
stitution,  etc 
t  Relating  to  letters  written  in  March,  1841,  by  Andrew  Stevenson,  United  States  minister  at  tlie 
Court  of  Great  Britain,  to  Isaac  Hull,  commander  of  the  United  States  squadron  in  the  Meditcx^ 
n^an.  whirb  cauain)  a  oart  of  that  squadron  to  return  to  the  United  Svatea
John  Tyler  1954 
perceive  the  importance  of  furnishing  a  uniform  rule  for  the  guidance 
of  the  public  officers  in  the  xnatter  referred  to  in  the  Secretary's  letter  * 
JOHN  TYLEIL 
Washington,  February  /p,  184.2. 
To  the  Hotise  of  RepreseniaHves: 
In  compliance  with  the  resolution  of  the  House  of  Representatives  of 
the  8th  instant,  I  have  the  honor  to  submit  the  accompanying  communi- 
^tion  t  from  the  Secretary  of  State  and  the  correspondence  on  the  subject, 
referred  to  by  the  resolution  of  the  House.  TOHN  TYLER 
Washington,  February  21,  184.2. 
To  the  Senate  of  the  United  States: 
I  transmit  to  the  Senate  herewith  a  report  from  the  Secretary  of  State, 
with  an  accompanying  paper, J  in  answer  to  their  resolution  of  the  i8th 
"^^^-  JOHN  TYLER. 
Washington,  February  26, 1842. 
To  the  House  of  Representatives: 
The  resolution  of  the  House  of  Representatives  of  the  21st  instant, 
requesting  the  President  of  the  United  States  to  communicate  to  that 
body,  *  *  if  not  incompatible  with  the  public  interest,  the  state  of  the  nego- 
tiation between  the  United  States  and  the  Government  of  Great  Britain 
in  relation  to  the  northeastern  boundary  of  the  State  of  Maine,  and  also 
all  correspondence  on  that  subject  between  the  two  Governments  not 
hitherto  communicated/*  has  been  transmitted  to  me.  Desirous  always 
to  lay  before  Congress  and  the  public  everything  affecting  the  state  of 
the  country  to  the  fullest  extent  consistent  with  propriety  and  prudence, 
I  have  to  inform  the  House  of  Representatives  that  in  my  judgment  no 
communication  could  be  made  by  me  at  this  time  on  the  subject  of  its 
resolution  without  detriment  or  danger  to  the  public  interests. 
JOHN  TYLER. 
Washington,  February  28,  1842. 
To  the  Hotise  of  Representatives: 
I  have  the  honor  to  submit  copies  of  the  correspondence  §  and  other 
documents  called  for  by  the  resolution  of  the  House  of  Representatives 
of  the  2d  February. 
*  Relating  to  the  mode  of  pasring  salaries,  etc,  of  ministen  and  other  diplomatic  agents  of  the 
United  States  at  the  several  Courts  of  Burope. 
tRelatlng  to  the  colonial  history  of  New  York. 
i  Extract  of  a  letter  from  the  Department  of  State  to  the  United  States  minister  at  I^ondon  rda* 
tive  to  the  case  of  the  brig  Creole, 
f  Relating  to  an  act  of  the  legislature  of  South  Carolina  providinar  for  the  imprisonment  of  free 
nesToes  found  on  board  vessels  entering  any  of  the  ports  of  that  State,  complaints  of  the  British 
Government  relative  to  the  operation  of  said  act,  etc.
1955  Messages  and  Papers  of  the  Presidents 
I  am  not  informed  of  the  existence  of  any  official  opinion  of  the  late 
Judge  Johnson  on  the  unconstitutionality  of  the  act  or  acts  of  the  State 
of  South  Carolina  upon  the  subject  referred  to  in  the  resolution. 
JOHN  TYLER. 
Washington,  March  8,  1842. 
To  the  House  0/  Representatives: 
I  feel  it  to  be  my  duty  to  invite  your  attention  to  the  acoompan3dng 
communication  from  the  Secretary  of  the  Treasury,  in  relation  to  the 
probable  demands  which  will  be  made  upon  the  Treasury  for  the  present 
quarter.  It  will  be  seen  that,  without  arresting  the  requisitions  which 
will  be  made  by  the  War  and  Navy  Departments  for  the  months  of 
March,  April,  and  May,  there  will  be  an  unprovided-for  deficit  of  upward 
of  three  millions. 
I  can  not  bring  myself,  however,  to  believe  that  it  will  enter  into  the 
view  of  any  department  of  the  Government  to  arrest  works  of  defense 
now  in  progress  of  completion  or  vessels  under  construction  or  prepa- 
ration for  sea.  Having  due  regard  to  the  unsettled  condition,  of  our 
foreign  relations  and  the  exposed  situation  of  our  inland  and  maritime 
frontier,  I  should  feel  myself  wanting  in  my  duty  to  the  country  if  I 
could  hesitate  in  urging  upon  Congress  all  necessary  appropriations  for 
placing  it  in  an  attitude  of  strength  and  security.  Such  recommenda- 
tion, however,  has  heretofore  been  made  in  full  reliance  as  well  on  Con- 
gress as  on  the  well-known  patriotism  of  the  people,  their  high  sense 
of  national  honor,  and  their  determination  to  defend  our  soil  from  the 
possibility,  however  remote,  of  a  hostile  invasion. 
The  diminution  in  the  revenue  arising  from  the  great  diminution  of 
duties  under  what  is  commonly  called  the  compromise  act  necessarily 
involves  the  Treasury  in  embarrassments,  which  have  been  for  some 
years  paUiated  by  the  temporary  expedient  of  issuing  Treasury  notes — 
an  expedient  which,  afiEording  no  permanent  relief,  has  imposed  upon 
Congress  from  time  to  time  the  necessity  of  replacing  the  old  by  a  new 
issue.  The  amount  outstanding  on  the  4th  of  March,  1840,  varies  in  no 
great  degree  from  the  amount  which  will  be  outstanding  on  the  ist  of 
January  next,  while  in  the  interim  the  new  issues  are  rendered  equiva- 
lent to  the  redemption  of  the  old,  and  at  the  end  of  the  fiscal  year  leave 
an  augmented  pressure  on  the  finances  by  the  accumulation  of  interest. 
The  contemplated  revision  of  the  tarifiE  of  duties  may,  and  doubtless 
will,  lead  in  the  end  to  a  relief  of  the  Treasury  from  these  constantly 
recurring  embarrassments,  but  it  must  be  obvious  that  time  will  be 
necessary  to  realize  the  full  anticipations  of  financial  benefit  from  any 
modification  of  the  tariff  laws.  In  the  meantime  I  submit  to  Congress 
the  suggestions  made  by  the  Secretary,  and  invite  its  prompt  and  speedy 
*c^°^-  JOHN  TYLER.
John  Tyler  1956 
Washington,  March  «?,  184,2. 
To  the  Senate  and  House  0/  Representatives: 
In  my  message  of  the  7th  of  December  I  suggested  to  Congress  the 
propriety,  and  in  some  degree  the  necessity,  of  making  proper  provisions 
by  law  within  the  pale  of  the  Constitution  for  the  removal  at  their  com- 
mencement and  at  the  option  of  the  party  of  all  such  cases  as  might 
arise  in  State  courts  involving  national  questions  or  questions  touching 
the  faithful  observance  and  discharge  of  the  international  obligations  of 
the  United  States  from  suchState  tribunal  to  the  Federal  judiciary.  I  am 
urged  to  repeat  at  this  time  this  recommendation  by  the  receipt  of  intel- 
Hgence,  upon  which  I  can  rely,  that  a  subject  of  Great  Britain  residing 
in  Upper  Canada  has  been  arrested  upon  a  charge  of  connection  with  the 
expedition  fitted  out  by  the  Canadian  authorities  by  which  the  Caroline 
was  destroyed,  and  will  in  all  probability  be  subjected  to  trial  in  the 
State  courts  of  New  York.  It  is  doubtful  whether  in  this  state  of  things, 
should  his  discharge  be  demanded  by  the  British  Government,  this  Gov- 
ernment is  invested  with  any  control  over  the  subject  until  the  case  shall 
have  reached  the  court  of  final  resort  of  the  State  of  New  York  and  been 
decided  in  that  court;  and  although  such  delay  ought  not,  in  a  national 
point  of  view  to  give  cause  of  umbrage  to  Great  Britain,  yet  the  prompt 
and  instant  rendering  of  justice  to  foreign  nations  shotdd  be  placed  among 
our  highest  duties.  I  can  not,  therefore,  in  consideration  of  what  prop- 
erly becomes  the  United  States,  and  in  anticipation  of  any  demand  from 
a  foreign  government  for  the  discharge  of  one  of  its  subjects,  forego  the 
duty  of  repeating  my  recommendation  to  Congress  for  the  immediate 
adoption  of  some  suitable  legislative  provision  on  this  subject. 
JOHN  TYLER. 
Washington,  March  11,  184,2. 
To  the  House  of  Representatives: 
In  compliance  with  a  resolution  of  the  House  of  Representatives  of  the 
23d  ultimo,  I  communicate  to  that  body  a  report  from  the  Secretary  of 
State,  convejdng  copies  of  the  correspondence*  which  contains  the  infor- 
mation called  for  by  said  resolution.  JOHN  TYLER. 
Washington,  March  12,  1842. 
To  the  Senate  of  the  United  States: 
I  have  reason  to  think  that  the  rejection  of  Silas  Reed  as  surveyor- 
general  of  Illinois  and  Missouri  on  the  evening  of  the  last  day  of  the 
session  of  the  Senate  at  the  last  session  of  Congress  was  founded  in  a  mis* 
apprehension  of  facts,  which,  while  it  deprived  the  public  of  the  services 
*  Relatinar  to  complaints  of  Spain  and  Portugal  that  the  operation  of  the  revenue  act  of  Septem- 
ber XX,  X841,  infringed  treaty  stipulations.
1957  Messages  and  Papers  of  the  Presidents 
of  a  useful  officer,  left  him  to  suflFer  a  considerable  degree  of  injustioe  in 
his  reputation.  After  mature  reflection  upon  all  the  circumstances  of 
his  case,  and  particularly  of  facts  which  have  become  known  since  his 
rejection,  I  have  felt  it  my  duty  to  submit  his  nomination  for  the  same 
office  anew  to  the  Senate  for  its  advice  and  consent. 
I  therefore  nominate  Silas  Reed  to  be  surveyor-general  of  Illinois  and 
Missouri,  in  place  of  Joseph  C.  Brown,  removed. 
JOHN  TYLER. 
To  the  Senate  of  the  United  States:  March  15,  1842. 
I  take  the  earliest  moment  to  correct  an  error  into  which  I  inadvert- 
ently fell  in  my  message  of  the  12th  instant,  nominating  Silas  Reed  to  be 
surveyor-general  for  Illinois  and  Missouri.  In  that  message  I  represent 
the  nominee  as  being  rejected  by  the  Senate  on  the  evening  of  the  last 
day  of  the  last  session  of  Congress,  when  upon  a  more  accurate  inquiry 
I  find  that  he  was  rejected  on  the  14th  of  August,  1841,  and  his  successor 
nominated  on  the  23d  August  and  confirmed  on  the  13th  September, 
which  was  the  last  day  of  the  last  session  of  Congress,  and  which  fact 
had  become  identified  in  my  memory,  upon  which  I  drew  when  I  wrote 
the  message,  with  the  fact  of  his  rejection. 
I  hasten  to  make  the  correction,  not  deeming  it,  however,  of  much 
moment  in  regard  to  the  real  merits  of  the  nomination;  for  whether  the 
rejection  occurred  on  the  last  or  any  other  day  of  the  session,  if  done 
under  a  misapprehension  or  mistake  of  the  facts,  the  Senate,  I  doubt  not, 
will  take  equal  pleasure  in  correcting  the  error. 
JOHN  TYLER. 
Washington,  March  77,  1842. 
To  the  Senate  of  the  United  States: 
In  answer  to  the  resolution  of  the  Senate  of  the  2d  ultimo,  requesting 
information  in  regard  to  the  demarcation  of  the  botmdary  line  between 
the  United  States  and  the  Republic  of  Texas,  I  transmit  a  report  from  the 
Secretary  of  State  and  the  papers  by  which  it  was  accompanied. 
JOHN  TYLER. 
Washington,  March  77,  184.2. 
To  the  Senate  of  the  United  States: 
I  have  the  honor  to  submit  the  accompanying  report  and  documents* 
from  the  Postmaster-General,  in  compliance  with  the  resolution  of  the 
Senate  of  the  i6th  February.  JOHN  TYLER 
*  statements  of  the  quantity  and  cost  of  labor  and  materials  for  the  new  public  buildings  in 
Washington.  D.  C.  etc.
the Library on or before the last date below. _A fine of five cents a day is incurred by retaining it beyond the specified time. Please return promptly.
tAWAIL ISL. PORTO RICK: ISL, 4 enezuri a eULg,N _ twain ‘BE ANZIk BOLIVIA (\ oR COLUMatA PERU
^      I    ■* 
Mi 
•  f 
iir 
♦  .•.. 
U  •.: 
.  I 
4       •  >*