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UNIVERSITY OF N.C. AT CHAPEL HILL 
 
 00032195874 
 
 This book must n 
 be taken from tl- 
 Library building. 
 

ANNUAL MESSAGES, 
 
 VETO MESSAGES, 
 
 21) H?^ /Tnl ^ 
 
 2 
 
 &c. 
 
 OF 
 
 ANDREW JACKSON, 
 
 PRESIDENT OP THE UNITED STATES. 
 
 SECOND EDITION. 
 
 BALTIMORE: 
 EDWARD J. eOALE & GO* 
 
 1835. 
 
CONTENTS. 
 
 Page 
 
 Inaugural Address, \ delivered March 4, 1829, 
 
 Annual Message to Congress, communicated December 8, 1829, 
 
 Veto Message, 
 
 Annual Message to Congress, 
 
 do. do. 
 
 do. do. 
 
 Proclamation, 
 Message to Congress, 
 Inaugural Address, 
 Cabinet Paper, 
 Annual Message, 
 Veto of the Land Bill, 
 Annual Message, 
 Veto of the Bank BilC 
 Protest, 
 
 « May 27, 1830, 
 
 « ' December 7, 1830, 
 
 « December 6, 1831, 
 
 « December 4, 1832, 
 
 issued December 10, 1832, 
 
 communicated January 16, 1833, 
 
 delivered March 4, 1833, 
 
 read September 18, 1833, 
 
 communicated December 3, " 
 
 « " 2, 1834, 
 
 « July 10, 1832, 
 
 April 15, 1834, 
 
 1 
 5 
 
 27 
 41 
 71 
 
 87 
 105 
 123 
 147 
 153 
 169 
 187 
 203 
 231 
 248 
 
 
INAUGURAL ADDRESS 
 
 OF THE PRESIDENT OF THE UNITED STATES 
 
 MARCH 4, 1829. 
 
 Felloto Citizens: 
 
 About to undertake the arduous duties that I have been appointed to 
 perform, bv the choice of a free people, I avail myself of this customa- 
 ry and solemn occasion, to express the gratitude which their confidence 
 inspires, and to acknowledge the accountability which my situation en- 
 joins. While the magnitude of their interests convinces me that no thanks 
 can be adequate to the honor they have conferred, it admonishes me that 
 the best return I can make, is the zealous dedication of my humble abili- 
 ties to their service and their good. 
 
 As the instrument of the federal constitution, it will devolve upon ine, 
 for a stated period, to execute the laws of the United States; to superin- 
 tend their foreign and confederate relations; to manage their revenue; to 
 command their forces; and, by communications to the legislature, to 
 watch over and to promote their interests generally. And the principles 
 of action by which I shall endeavor to accomplish this circle of duties, it 
 is now proper for me briefly to explain. • • *u 
 
 In administering the laws of congress, I shall keep steadily m view the 
 limitations as well as the extent of the executive power, trusting thereby 
 to discharge the functions of my office, without transcending its authori- 
 ty. With foreign nations it will be my study to preserve peace, and to 
 cultivate friendship on fair and honorable terms; and, in the adjustment 
 of any difference that may exist or arise, to exhibit the forbearance be- 
 coming a powerful nation, rather than the sensibility belonging to a gal- 
 lant people. . J 4U 
 
 In such measures as I may be called on to pursue, in regard to tne 
 rights of the separate states, I hope to be animated by a proper respect 
 for those sovereign members of our union; taking care not to confound 
 the powers they have reserved to themselves, with those they have 
 granted to the confederacy. 
 
 The management of the public revenue— that searching operation in 
 all governments— is among the most delicate and important trusts in oui s; 
 and it will, of course, demand no inconsiderable share of my official soli- 
 
1829.] 3 
 
 citude. Under evp-ry aspect in which it can be considered, it would ap- 
 Dcar that advantage must result from the observance of a strict and faith- 
 ful economy. This I shall aim at the more anxiously, both because it 
 will facilitate the extinguishment ot the national debt — the unnecessary 
 juration of which is incompatible with real independence — and because 
 it will counteract that tendency to public and private profligacy, which 
 a profuse expenditure of money by the government, is but too apt to en- 
 gender. Powerful auxiliaries to the attainment of this desirable end, are 
 to be found in the regulations provided by the wisdom of congress, for 
 the specific appropriation of public money, and the prompt accountabili- 
 ty of public officers. 
 
 With regard to a proper selection of the subjects ot impost, with a 
 view to revenue, it would seem to me that the spirit of equity, caution, 
 and compromise; in which the constitution was formed, requires that the 
 great interests of agriculture, commerce, and manufactures, should be 
 equally favored; and that, perhaps, the only exception to this rule, should 
 consist in the peculiar encouragement of any products of either of them 
 that may be found essential to our national independence. 
 
 Internal improvement, and the diflusion of knowledge, so far as they 
 can be promoted by the constitutional acts of the federal government, 
 are of high importance. 
 
 Considering standing armies as dangerous to free governments, in time 
 of peace, I shall not seek to enlarge our present establishment, nor dis- 
 regard that salutary lesson of political experience which teaches that the 
 military should be held subordinate to the civil power. The gradual in- 
 crease of cur navy, whose flag has displayed, in distant climes, our skill 
 in navigation, and our fame in arms; the preservation of our forts, arse- 
 nals, and dock-yards; and the introduction of progressive improvements 
 in the discipline and science of both branches of our military service, are 
 so plainly prescribed by prudence, that I should be excused for omitting 
 their mention sooner than enlarging on their importance. But the bul- 
 wark of our defence is the national militia, which, in the present state 
 of our intelligence and population, must render us invincible. As long 
 as our government is administered for the good of the people, and is 
 regulated by their will; as long as it secures to us the rights of person 
 and of property, liberty of conscience, and of the press, it will be worth 
 defending; and so long as it is worth defending, a patriotic militia will 
 cover it with an impenetrable cegis. Partial injuries and occasional mor- 
 tifications we may be subjected to, but a million of armed freemen pos- 
 sessed of the means of war, can never be conquered by a foreign foe. 
 To any just system, therefore, calculated to strengthen this natural safe- 
 guard of the country, I shall cheerfully lend all the aid in my power. 
 
 It will be my sincere and constant desire, to observe towards the In- 
 dian tribes within our limits, a just and liberal policy; and to give that hu- 
 mane and considerate attention to their rights and their wants, which are 
 consistent with the habits of our government and the feelings of our people. 
 The recent demonstration of public sentiment inscribes, on the list of 
 executive duties, in characters too legible to be overlooked, the task of 
 reform; which v/ill require, particularly, the correction of those abuses 
 
4 [March 
 
 that have brought the patronage of the federal government into conflict 
 with the freedom of elections, and the counteraction of those causes which 
 have disturbed the rightful course of appointment, and have placed, or 
 continued power in, unfaithful or incompetent hands. 
 
 In the performance of a task thus generally delineated, I shall endea- 
 vor to select men whose diligence and talents will ensure, in their re- 
 spective stations, able and faithful co-operation — depending for the ad- 
 vancement of the public service, more on the integrity and zeal of the 
 public otiicers, than on their numbers. 
 
 A diffidence, perhaps too just, in n^y own qualifications will teach me 
 to look with reverence to the examples of public virtue left by my illus- 
 trious predecessors, and with veneration to the lights that flow from the 
 mind that founded, and the mind that reformed, our system. The same 
 diffidence induces me to hope for instruction and aid from the co-ordinate 
 branches of the government, and for the indulgence and support of my 
 fellow-citizens generally. And a firm reliance on the goodness of that 
 Power whose providence mercifully protected our national infancy, and 
 has since upheld our liberties in various vicissitudes, encourages me to 
 offer up my ardent supplications that he will continue to make our belov- 
 ed country the object of his divine care and gracious benediction. 
 
HP 
 
MESSAGE TO CONGRESS. 
 
 Coiiiiiiusiicated BeceMslber 8, 1839. 
 
 Fellow citizens of the Senate 
 
 and of the House of Representatives: 
 
 It affords me pleasure to tender my friendly greetings to you on the 
 occasion of your assembling at the seat of government, to enter upon ihe 
 important duties to which you have been called by the voice of our 
 countrymen. The task devolves on me, under a provision of the consti- 
 tution, to present to you, as the federal legislature of twenty- four sove- 
 reign states, and twelve millions of happy people, a vieiv of our affairs; 
 and to propose such measures as, in the discharge of my official functions, 
 have suggested themselves as necessary to promote the objects of our 
 union. 
 
 In communicating with you for the first time, it is, to me, a source of 
 unfeigned satisfaction, calling for mutual gratulation and devout thanks 
 to a benign Providence, that we are at peace with ail mankind; and that 
 our country exhibits the most cheering evidence of general welfare and 
 progressive improvement. Turning our eyes to other nations, our great 
 desire is to see our brethren of the human race secured in the blessings en- 
 joyed by ourselves, and advancing in knowledge, in freedom, and in social 
 happiness. ' 
 
 Our foreign relations, although in their general character pacific and 
 friendly, present subjects of diHerence beuveen us and other powers, of 
 deep interest, as well to the country at large as to many of our citizens. 
 To affect an adjustment of these shall continue to be the object of my 
 earnest endeavors; and notwithstandmg the difficulties of the task, I do 
 not allow myselt to apprehend unfavorable results. Blessed as our coun- 
 try is, with evei'y thing which constitutes national strength, she is fully 
 adequate to the maintenance of all her inteiests. In discharging the re- 
 sponsible trust confided to the executive in this respect, it is my settled pur- 
 pose to ask nothing that is not clearly right, and to submit to nothing that 
 is wrong; and I flatter myself, that, supported by the other branches of 
 the government, and by the intelligence and patriotism of the people, we 
 
6 [December, 
 
 shall be able, under the protection of Providence, to cause all our just 
 rights to be respected. 
 
 Of the unsettled matters'between the U. States and other powers, the 
 most prominent are those \vl)ich have, for years, been the subject of ne- 
 gotiation with En'^land, France and Spain. The kte periods at which 
 our minis; ers to those governments left the U. States, render it impossi- 
 ble, at this early day, to hiforni you of what has been done on the sub- 
 jects with which they have been respectively charged. Relying upon 
 the justice of our views in relation to the points committed to negotia- 
 tion, and the reciprocal good feeling which characterizes our intercourse 
 with those nations, we have the best reason to hope for a satisfactory ad- 
 justment of existing differences. 
 
 With Great Britain, alike distinguished in peace and war, we may- 
 look forward to years of peaceful, honorable, and elevated competition. 
 Every thing in the condition and history of tlie two nations is calculated 
 to inspire sentiments of mutual respect, and to carry conviction to the 
 minds of both, that it is their policy to preserve the most cordial rela- 
 tions: Such are my own views, and it is not to be doubted that such are 
 also the prevailing sentiments of our constituents. Although neither time 
 nor opportunity has been afforded for a full development of the policy 
 which the present cabinet of Great Britain designs to pursue towards 
 this country, I indulge the hope tliat it will be of a just and pacific char- 
 acter; and if this anticipation be realized, we may look with confidence 
 to a speedy and acceptable adjustment of our affairs. 
 
 Under the convention for regulating the reference to arbitration of tl"»e 
 disputed points of boundary under the fifth article of the treaty of Ghent, 
 the proceedings have hitherto been conducted in that spirit of candor and 
 liberality which ought ever to characterise the acts of sovereign states, 
 seeking to adjust, by the most unexceptionable means, important and deli- 
 cate subjects of contention. — The first statements of the parties have 
 been exchanged, and the final replication, on our part, is in a course of 
 preparation. This subject has received the attention demanded by its 
 great and peculiar importance to a patriotic member of this confederacy. 
 The exposition of our rights, already made, is such, as, from the high 
 reputation of the commissioners by whom it has been prepared, we had 
 a right to expect. Our interest at the court of the sovereign who has 
 evinced his friendly disposition, by assuming the delicate task of arbitra- 
 tion, have been committed to a citizen of the state of Maine, whose cha- 
 racter, talents, and intimate acquaintance with thS subject, eminently 
 qualify him for so responsible a trust. With full confidence in the justice 
 of our cause, and in the probity, intelligence, and uncompromising inde- 
 pendence of the illustrious arbitrator, we can have nothing to apprehend 
 irom the result. 
 
 From France, our ancient ally, we have a right to expect that justice 
 which becomes the sovereign of a powerful, intelligent and magnani- 
 mous people. The beneficial effects produced by the commercial con- 
 vention of 1822^ limited as are its provisions, are too obvious not to 
 make a salutary impression upon the minds of those who are charged 
 with the administration of her government. — Should this result induce a 
 
1829.] 7 
 
 disposition to embrace, to their full extent, the wholesome principles 
 which constitute our commercial policy, our minister to that court will 
 be found instructed to cherish such a disposition, and to aid in conducting 
 it to useful practical conclusions. The claims of our citizens for depre- 
 dations upon their property, long since committed under the authority, 
 and, in many instances, by the express direction, of the then existing go- 
 vernment of France, remain unsatisfied; and must, therefore, continue to 
 furnish a subject of unpleasant discussion, and possible collision, between 
 the two governments. I cherish, however, a lively hope, founded as 
 well on the validity of those claims, and the established policy of all en- 
 lightened governments, as on the known integrity of the French mon- 
 arch, that the injurious delays of the past will find redress in the equity 
 of the future. Our minister has been instructed to press these demands 
 on the French government with all the earnestness which is called for by 
 their importance and irrefutable justice; and in a spirit that will evince 
 the respect which is due to the feelings of those from whom the satisfac- 
 tion is required. 
 
 Our minister recently appointed to Spain has been authorised to assist 
 in removing evils alike injurious to both countries, either by concluding 
 a commercial convention, upon liberal and reciprocal terms; or by urging 
 the acceptance, in their full extent, of the mutually beneficial provisions 
 of our navigation acts. He has also been instructed to make a further 
 appeal to the justice of Spain; in behalf of our citizens, for indemnity 
 for spoliations upon our commerce, committed under her authority— an 
 appeal which the pacific and liberal course observed on our part, and a 
 due confidence in the honor of that government, authorize us to expect 
 will not be made in vain. 
 
 With other European powers, our intercourse is on the most friendly 
 footing. In Russia, placed by her territorial limits, extensive popula- 
 tion, and great power, high in the rank of nations, the United States have 
 always found a steadfast friend. Although her recent invasion of Tur- 
 key awakened a lively sympathy for those who were exposed to the deso- 
 lations of war, we cannot but anticipate that the result will prove favora- 
 ble to the cause of civilization, and to the progress of human happiness. 
 The treaty of peace between these powers having been ratified, we can- 
 not be insensible to the great benefit to be derived by the commerce of 
 the United States, from unlocking the navigation of the Black Sea— a free 
 passage into which is secured to all merchant vessels bound to ports of 
 Russia under a flag at peace with the Porte. This advantage, enjoyed 
 upon conditions, by most of the powers of Europe, has hitherto been 
 withheld from us. During the past summer, an antecedent, but unsuc- 
 cessful attempt to obtain it, was renewed under circumstances which pro- 
 mised the most favorable results. Although these results have fortunate- 
 ly been thus in part attained, further facilities to the enjoyment of this 
 new field for the enterprize of our citizens are, in my opinion, sufficient- 
 ly desirable to ensure to them our most zealous attention. 
 
 Our trade with Austria, although of secondary importance, has been 
 gradually increasing; and is now so extended, as to deserve the fostering 
 care of the government. A negotiation, commenced and nearly complet- 
 
8 \. [December, 
 
 ed with that power, by the late administration, has been consummated by 
 a treaty of amity, navigation and commerce, which will be laid before 
 the senate. 
 
 During the recess of congress, our diplomatic relations with Portugal 
 have been resumed. The peculiar state of things in that country, caused 
 a suspension of the recognition of the representative who presented him- 
 self, until an opportunity was had to obtain from our official organ there, 
 information regarding the actual, and, as far as practicable, prospective 
 condition of the authority by whicli the representative in question was 
 appointed. — This information being received, the application of the es- 
 tablished rule of our government, in like cases, was no longer withheld. 
 Considerable advances have been made, during the present year, in 
 the adjustment of claims of our citizens upon Denmark for spoliations; 
 but all that we have a right to demand from that government, in their be- 
 half, has not yet been conceded. From the liberal footing, however, 
 upon which this subject has, with the approbation of the claimants, been 
 placed by the government, together with the uniformly just and friendly 
 disposition which has been evinced by his Danish majesty, there is a rea- 
 sonable ground to hope that this single subject of dillerence will speedily 
 be removed. 
 
 Our relations with the Barbary powers continue, as they have long 
 been, of the most favorable character. The policy of keeping an ade- 
 quate force in the Mediterranean, as security for the continuance of this 
 tranquillity, will be persevered in; as well as a similar one for the protec- 
 tion of our commerce and fisheries in the Pacific. 
 
 The southern republics, of our own hemisphere, have not yet realised 
 all the advantages for which they have been so long struggling. We 
 trust, however, that the day is not distant, when the restoration of peace 
 and internal quiet, under permanent systems of government, securing 
 the liberty, and promoting the happiness of the citizens, will crown, with 
 complete success, their long and arduous eftbrts in the cause of self-go- 
 vernment, and enable us to salute them as friendly rivals in all that is 
 truly great and glorious. 
 
 The recent invasion of Mexico, and the effect thereby produced upon 
 her domestic policy, must have a controlling influence upon the great 
 question of South American emancipation. We have seen the fell spirit 
 of civil dissension rebuked, and, perliaps, forever stifled in that republic, 
 by the love of independence. If it be true, as appearances strongly indi- 
 cate, that the spirit of independence is the master spirit, and if a corres- 
 ponding sentiment prevail in the other states, this devotion to liberty 
 cannot be without a proper effect upon the counsels of the mother coun- 
 try. The adoption, by Spain, of a pacific policy towards her former 
 colonies — an event consoling to humanity, and a blessing to the world, in 
 which she herself cannot fail largely to participate — may be most reasona- 
 bly expected. 
 
 The claims of our citizens upon the South American governments, 
 generally, are in a train of settlement; while the principal part of those 
 upon Brazil have been adjusted, and a decree in council, ordering bonds 
 to be issued by the minister of the treasury for their amount, has receiv- 
 
1829.] 9 
 
 ed the sanction of his imperial majesty. This event, together with the 
 exchange of the ratifications of the treaty negotiated and concluded in 
 1828, happily terminates all serious causes of difference with that power. 
 
 Measures have been taken to place our commercial relations with Peru 
 upon a better footing than that upon which they have hitherto rested, and 
 if met by a proper disposition on the part of that government, important 
 benefits may be secured to both countries. 
 
 Deeply interested as we are in the prosperity of our sister republics, 
 and more particularly in that of our immediate neighbor, it would be 
 most gratifying to me, were 1 permitted to say, that the treatment which 
 we have received at her hands has been as universally friendly as the 
 early and constant solicitude manifested by the United States for her suc- 
 cess, gave us a right to expect. But it becomes my duty to inform you 
 that prejudices, long indulged by a portion of the inhabitants of Mexico 
 against the envoy extraordinary and minister plenipotentiary of the Unit- 
 ed States, have had an unfortunate influence upon the affairs of the two 
 countries, and have diminished that usefulness to its own which was just- 
 ly to be expected from his talents and zeal. To this cause, in a great 
 degree, is to be imputed the failure of several measures equally interest- 
 ing to both parties; but particularly that of the Mexican government to 
 ratify a treaty negotiated and concluded in its own capital and under its 
 own eye. Under these ciicumstances, it appeared expedient to give to 
 Mr. Poinsett the option either to return or not, as, in his judgment, 
 the interest of his country might require, and instructions to that end were 
 prepared; but, before they couldbe despatched, a communication was re- 
 ceived from the government of Mexico, through its charged'affairs here, 
 requesting the recall of our minister. This was promptly complied with; 
 and a representative of a rank corresponding with that of the Mexican 
 diplomatic agent near this government was appointed. Our conduct to- 
 wards that republic has been uniformly of the most friendly character; 
 and having thus removed the only alleged obstacle to harmonious inter- 
 course, I cannot but hope that an advantageous change will occur in our 
 affairs. 
 
 Injustice to Mr. Poinsett, it is proper to say, that my immediate com- 
 pliance with the application for his recall, and the appointment of his 
 successor, are not to be ascribed to any evidence that the imputation of 
 an improper interference by him, in the local politics of Mexico, was 
 well founded, nor to a want of confidence in his talents or integrity; and 
 to add, that the truth of that charge has never been affirmed by the fed- 
 eral government of Mexico, in its communication with this. 
 
 I consider it one of the most urgent of my duties to bring to your at- 
 tention the propriety of amending that part of our constitution w^hich re- 
 lates to the election of president and vice president. Our system of go- 
 vernment was, by its framers, deemed an experiment; and they, there- 
 fore, consistently provided a mode of remedying its defects. 
 
 To the people belongs the right of electing their chief magistrate; it 
 was never designed that their choice should, in any case, be defeated, 
 either by the intervention of electoral colleges, or by the agency confided, 
 under certain contingencies, to the house of representatives. Experi- 
 
10 [December, 
 
 ence proves, tliat, in proportion as agents to execute the will of the peo- 
 ple are multiplied, there is danger of their wishes being frustrated. Some 
 may be unfaithful: all are liable to err. So far, therefore, as the people 
 can, with convenience, speak, it is safer for them to express their own 
 will. 
 
 The number of aspirants to the presidency, and the diversity of the 
 interest which may influence their claims, leave little reason to expect a 
 choice in the first instance: and, in that event, the election must devolve 
 on the house of representatives, where, it is obvious, the will of the peo- 
 ple may not be always ascertained; or, if ascertained, may not be re- 
 garded. From the mode of voting by states, the choice is to be made by 
 twenty-four votes: and it may often occur, that one of these may be con- 
 trolled by an individual representative. Honors and offices are at the dis- 
 posal of the successful candidate. Repeated ballotings may make it ap- 
 parent that a single individual holds the cast in his hand. May he not be 
 tempted to name his reward? But even without corruption — supposing 
 the probity of the representative to be proof against the powerful mo- 
 tives by which he may be assailed — the will of the people is still con- 
 stantly liable to be misrepresented. One may err from ignorance of the 
 wishes of his constituents; another, from a conviction that it is his duty 
 to be governed by his own judgment of the fitness of the candidates: 
 finally, although all were inflexibly honest — all accurately informed of the 
 wishes of their constituents — yet, under the present mode of election, a 
 minority may often elect a president; and when this happens, it may rea- 
 sonably be expected that efforts will be made on the part of the majority 
 to rectify this injurious operation of their institutions. But although no 
 evil of this character should result from such a perversion of the first 
 principle of our system — that the majority is to govern — it must 
 be very certain that a president elected by a minority cannot enjoy the 
 confidence necessary to the successful discharge of his duties. 
 
 In this, as in all other matters of public concern, policy requires that 
 as few impediments as possible should exist to the free operation of the 
 public will. Let us, tlien, endeavor so to amend our system, that the of- 
 fice of chief magistrate may not be conferred upon any citizen but in 
 pursuance of a fair expression of the will of the majority. 
 
 I would therefore recommend such an amendment of the constitution 
 as may remove all intermediate agency in the election of president and 
 yice president. The mode may be so regulated as to preserve to each 
 state its present relative weight in the election; and a failure in the first 
 attempt may be provided for, by confining the second to a choice be- 
 tween the two highest candidates. In connexion with such an amend- 
 ment, it would seem advisable to limit the service of the chief magistrate 
 to a single term, of either four or six years. If, however, it should not be 
 adopted, it is worthy of consideration whether a provision disqualifying 
 for office the representatives in congress on whom such an election may 
 have devolved, would not be proper. 
 
 While members of congress can be constitutionally appointed to of- 
 fices of trust and profit, it will be the practice, even under the most con- 
 scientious adherence to duty, to select them for such stations as they are 
 
1829.] 11 
 
 believed to be better qualified to fill than other citizens; but the purity 
 of our government would doubtless be promoted by their exclusion from 
 all appointments in the gilt of the president in whose election they may 
 have been officially concerned. The nature of the judicial office, 
 and the necessity of securing in the cabinet and in diplomatic stations of 
 the highest rank, the best talents and political experience, should, per- 
 haps, except these from the exclusion. 
 
 There are perhaps few men who can for any great length of time en- 
 joy office and power, without being more or less under the influence of 
 feelings unfavorable to a faithful discharge of their public duties. Their 
 integrity may be proof against improper considerations immediately ad- 
 dressed to themselves; but they are apt to acquire a habit of looking 
 with indifference upon the public interests, and of tolerating conduct from 
 which an unpractised man would revolt. Office is considered as a spe- 
 cies of property; and government, rather as a means of promoting indi- 
 vidual interests, than as an instrument created solely for the service of 
 the people. Corruption jn some, and in others, a perversion of correct 
 feelings and principles, divert government from its legitimate ends, and 
 make it an engine for the support of the few at the expense of the many. 
 The duties of all public officers are, or, at least, admit of being made so 
 plain and simple, that men of intelligence may readily qualify themselves 
 for their performance; and I cannot but believe that more is lost by the 
 long continuance of men in office, than is generally to be gained by their 
 experience. I submit therefore to your consideration, whether the effi- 
 ciency of the government would not be promoted, and official industry 
 and integrity better secured, by a general extension of the law which 
 limits appointments to four years. 
 
 In a country \vhere offices are created solely for the benefit of the peo- 
 ple, no one man has any more intrinsic right to official station than ano- 
 ther. Offices were not established to give support to particular men, at 
 the public expense. No individual wrong is therefore done by removal, 
 since neither appomtment to, nor continuance in office, is matter of right. 
 The incumbent became an officer with a view to public benefits; and 
 when these require his removal, they are not to be sacrificed to private 
 interests. It is the people, ard they alone, who have a right to com- 
 plain, when a bad otficer is substituted for a good one. He who is re- 
 moved has the same means of obtaining a living, that are enjoyed by the 
 millions who never held office. The proposed limitation would destroy 
 the idea of property, now so generally connected with official station; 
 and although individual distress may be sometimes produced, it would, 
 by promoting that rotation which constitutes a leading principle in the 
 republican creed, give healthful action to the system. 
 
 No very considerable change has occurred, during the recess of con- 
 gress, in the condition of either our agriculture, commerce or manufac- 
 tures. The operation of the tariff has not proved so injurious to the two 
 former, or as beneficial to the latter, as was anticipated. Importations o[ 
 foreign goods have not been sensibly diminished; while domestic com- 
 petition under an illusive excitement has increased the production much 
 beyond the demand for home consumption. The consequences have been 
 
12 [December, 
 
 low prices, temporary embarrassment, and partial loss. That such of 
 our manufacturinij establishments as are based upon capital, and are pru- 
 dently managed, will survive the shock, and be ultimately profitable, 
 there is no good reason to doubt. 
 
 To regulate its conduct, so as to promote equally the prosperity of 
 these three cardinal interests, is one of the most difficult tasks of go- 
 vernment; and it may be regretted that the complicated restrictions 
 which now embarrass the intercourse of nations, could not by common 
 consent be abolished, and commerce allowed to flow in those channels 
 to which individual enterprise — always its surest guide — might direct it. 
 But we must ever expect selfish legislation in other nations; and are 
 therefore compelled to adapt our own to their regulations, in the manner 
 best calculated to avoid serious injury, and to harmonize the conflicting 
 interests of our agriculture, our commerce, and our manufactures. Under 
 these impressions, I invite your attention to the existing tariff, believing 
 that some of its provisions require modification. 
 
 The general rule to be applied in graduating the duties upon articles 
 of foreign growth or manut"acture, is that which will place our own in 
 fair competition with those of other countries; and the inducements to 
 advance even a step beyond this point, are controlling in regard to those 
 articles which are of primary necessity in time of war. When we re- 
 flect upon the difficulty and delicacy of this operation, it is important 
 that it should never be attempted but with the utmost caution. Frequent 
 legislation in regard to any branch of industry, affecting its value, and by 
 which its capital may be transferred to new channels, must always be 
 productive of hazardous speculation and loss. 
 
 In deliberating, therefore, on these interesting subjects, local feelings 
 and prejudices should be merged in the patriotic determination to pro- 
 mote the great interests of the whole. All attempts to connect them with 
 the oarty conflicts of the day are necessarily injurious, and should be dis- 
 countenanced. Our action upon them should be under the control of 
 hio"her and purer motives. Legislation, subjected to such influences, can 
 never be just; and will not long retain the sanction of a people, whose 
 active patriotism is not bounded by sectional limits, nor insensible to that 
 spirit of concession and forbearance, which gave life to our political com- 
 pact, and still sustains it. Discarding all calculations of political ascen- 
 dancy, the north, the south, the east, and the west, should unite in di- 
 minishing any burthen, of which either may justly complain. 
 
 The agricultural interests of our country is so essentially connected 
 with every otiier, and so superior in importance to them all, that it is 
 scarcely necessary to invite to it your particular attention. It is princi- 
 pally as manufactures and commerce tend to increase the value of agri- 
 cultural productions, and to extend tlieir application to the wants and 
 comforts of society, that they deserve the fostering care of government. 
 Looking forward to the period, not far distant, when a sinking fund 
 will no longer be required, the duties on those articles of importation 
 which cannot come in competition with our own productions, are tiie 
 first that should engage the attention of congress in the modification of 
 the tariff. Of these, tea and coffee are the most prominent: they enter 
 
1829.] 13 
 
 largely into the consumption of the country, and liave become articles of 
 necessity to all classes. A reduction, therefore, of the existing duties 
 will be felt as a common benefit; but, like all other legislation connected 
 with commerce, to be efficacious, and not injurious, it should be gradual 
 and certain 
 
 The public prosperity is evinced in the increased revenue arising from 
 the sales of the public lands; and in the steady maintenance of that pro- 
 duced by imposts and tonnage, notwithstanding the additional duties im- 
 posed by the act of 19th May, 1828, and the unusual importations in the 
 early part of that year. 
 
 ^ The balance in the treasury on the 1 st of January, 1 829, was five millions > 
 nine hundred and seventy-two thousand four hundred and thirty-five dol- 
 lars and eighty-one cents. The receipts of the current year are estimat- 
 ed at twenty-four millions six hundred and two thousand two hundred and 
 thirty dollars, and the expenditures for the same time at twenty-six mill- 
 ions one hundred and sixty-four thousand five hundred and ninety-five 
 dollars; leaving a balance in the treasury, on the 1st of January next, of 
 four millions four hundred and ten thousand and seventy dollars and 
 eighty-one cents. 
 
 There will have been paid, on account of the public debt, during ihe 
 present year, the sum of twelve millions four hundred and five thousand 
 and five dollars and eighty cents; reducing the whole debt of the go- 
 vernment, on the first of January next, to forty-eight millions five . 
 hundred and sixty-five thousand four hundred and six dollars and fifty 
 cents, including seven millions of five per cent, stock, subscribed to the 
 bank of the United States. The payment on account of the public debt, 
 made on the first of July last, was eight millions seven hundred and fif- 
 teen thousand four hundred and sixty-two dollars and eighty-seven cents. 
 It was apprehended that the sudden withdrawal of so large a sum from 
 the banks in which it was deposited, at a time of unusual pressure in the 
 money market, might cause much injury to the interests dependent on 
 bank accommodation. But this evil was wholly averted by an early an- 
 ticipation of it at the treasury, aided by the judicious arrangements of 
 the officers of the bank of the United States. 
 
 This state of the finances exhibits the resources of the nation in an as- 
 pect highly flattering to its industry; and auspicious of the ability of o-q- 
 vernment, in a very short time, to extinguish the public debt. When 
 this shall be done, our population will be relieved from a considerable 
 portion of its present burthens; and will find, not only new motives to pa- 
 triotic affection, but additional means for the display of individual enter- 
 prise. The fiscal power of the states will also be increased; and may 
 be more extensively exerted in favor of education and other public ob- 
 jects: while ample means will remain in the federal government to pro- 
 mote the general weal, in all the modes permitted to ks authority. 
 
 After the extinction of the public debt, it is not probable that any adjust- 
 ment of the tariff, upon principles satisfactory to the people of the Union, 
 will, until a remote period, if ever, leave the government without a con- 
 siderable surplus in the treasury, beyond what may be required for its 
 
14 [December^ 
 
 current service. As then the period approaches when the application of 
 the revenue to the payment of debt will cease, the disposition of the sur- 
 plus will present a subject for the serious deliberation uf consrress; and it 
 may be fortunate for the country that it is yet to be decided. Considered 
 in connexion with the difficulties which have heretofore attended appro- 
 priations for purposes of internal improvement; and with those which this 
 experience tells us will certainly arise, whenever power over such sub- 
 jects may be exercised by the general government; it is hoped that it 
 may lead to the adoption of some plan winch will reconcile the diversified 
 interests of the states, and strengthen the bonds which unite them. Every 
 member of the union, in peace and in war, will be benefitted by the im- 
 provement of inland navigation and the construction of highways in the 
 several states. Let us then endeavor to attain this benefit in a mode 
 which will be satisfactory to all. That hitherto adopted has, by many of 
 our fellow-citizens, been deprecated as an infraction of the constitution; 
 while by others it has been viewed as inexpedient. All feel that it has 
 been employed at the expense of harmony in the legislative councils. 
 
 To avoid these evils, it appears to me that the most safe, just, and fe- 
 deral disposition which could be made of the surplus revenue, would be 
 its apportionment among the several states according to their ratio of re- 
 presentation; and should this measure not be found warranted by the con- 
 stitution, that it would be expedient to propose to the states an amend- 
 ment authorising it. I regard an appeal to the source of power, in cases 
 of real doubt, and where its exercise is deemed indispensable to the gen- 
 eral welfare, as among the most sacred of all our obligations. Upon this 
 country, more than any other, has, in the providence of God, been cast 
 the special guardianship of the great principle of adherence to written 
 constitutions. If it fail here, all hope in regard to it will be extinguished. 
 That this w^as intended to be a government of limited and specific, and 
 not general powers, must be admitted by all; and it is our duty to pre- 
 serve for it the character intended by its framers. If experience points 
 out the necessity for an enlargement of these powers, let us apply for it 
 to those for whose benefit it is to be exercised; and not undermine the 
 whole system by a resort to overstrained constructions. The scheme has 
 worked well. It has exceeded the hopes of those who devised it, and 
 become an object of admiration to the world. We are responsible to 
 our country, and to the glorious cause of self-government, for the preser- 
 vation of so great a good. The great mass of legislation relating to our 
 internal affairs, was intended to be left where the federal convention found 
 i^ — in the state governments. Nothing is clearer, in my view, than that 
 we are chiefly indebted for the success of the constitution under which 
 we are now acting, to the watchful and auxiliary operation of the state 
 authorities. This is not the reflection of a day, but belongs to the most 
 deeply rooted convictions of my mind. I cannot, thorefore, too strongly 
 or too earnestly, for my own sense of its importance, warn you against 
 all encroachments upon the legitimate sphere of state sovereignty. Sus- 
 tained by its healthful and invigorating influence, the federal system can 
 never fall. 
 
 In the collection of the revenue, the long credits authorized on goods 
 
1829.] 16 
 
 imported from beyond the Cape of Good Hope are the chief cause of the 
 losses at present sustained, tf these were shortened to six, nine, and 
 twelve months, and warehouses provided by government, sufficient to 
 receive the goods offered in deposite for security and for debenture; and 
 if the right of the United States to a priority of payment out of the es- 
 tates of its insolvent debtors were more effectually secured — this evil 
 would, in a great measure, be obviated. An authority to construct such 
 houses, is, therefore, with the proposed alteration of the credits, recom- 
 mended to your attention. 
 
 It is worthy of notice, that the laws for the collection and security of 
 the revenue arising from imposts, were chiefly framed when the rates of 
 duties on imported goods presented much less temptation for iUicit trade 
 than at present exists. There is reason to believe that these laws are, 
 in some respects, quite insufficient for the proper security of the revenue, 
 and the protection of the interests of those who are disposed to observe 
 them. The injurious and demoralizing tendency of a successful system 
 of smuggling is so obvious as not to require comment, and cannot be too 
 carefully guarded against. I therefore suggest to congress the propriety 
 of adopting efficient measures to prevent this evil, avoiding however, as 
 much as possible, every unnecessary infringement of individual liberty, 
 and embarrassment of fair and lawful business. 
 
 On an examination of the records of the treasury, I have been forcibly 
 struck with the large amount of public money which appears to be out- 
 standing. Of the sum thus due from individuals to the government, a con- 
 siderable portion is undoubtedly desperate; and, in many instances, has 
 probably been rendered so by remissness in the agents charged with its 
 collection. By proper exertions, a great part, however, may yet be re- 
 covered; an^, whatever may be the portions respectively belonging to 
 these two classes, it behoves the government to ascertain the real state 
 of the fact. This can be done only by the prompt adoption of judicious 
 measures for the collection of such as may be made available. It is be- 
 lieved that a very large amount has been lost through the inadequacy of 
 the means provided for the collection of debts due to the public, and that 
 this inadequacy lies chiefly in the want of legal skill, habitually and con- 
 stantly employed in the direction of the agents engaged in the service. 
 It must, I think, be admitted, that the supervisory power over suits 
 brought by the public, which is now vested in an accounting officer of 
 the treasury, not selected with a view to his legal knowledge, and en^ 
 cumbered as he is with numerous other duties, operates unfavorably to 
 the public interest. 
 
 It is important that this branch of the public service should be subject- 
 ed to the supervision of such professional skill as will give it efficiency. 
 The expense attendant upon such a modification of the executive depart- 
 ment, would be justified by the soundest principles of economy. I would 
 recommend, therefore, that the duties now assigned to the agent of the 
 treasury, so far as they relate to the superintendence and management of 
 legal proceedings, on the part of the United States, be transferred to the 
 attorney general; and that this officer be placed on the same footing, irjL 
 all respects, as the heads of the other departments — receiving like com- 
 
16 [December, 
 
 pensation, and having such subordinate officers provided for his depart- 
 ment, as may be requisite for the discharge of these additional duties. 
 The professional skill of the attorney general, employed in directing the 
 conduct of marshals and district attorneys, would hasten the collection of 
 debts now in suit, and hereafter save much to the government. It might 
 be further extended to the superintendence of all criminal proceedings, for 
 offences against the United States. In making this transfer, great care 
 should be taken, however, that the power necessary to the treasury de- 
 partment be not impaired: one of its greatest securities consisting in a 
 control over all accounts, until they are audited or reported for suit. 
 
 In connexion with the foregoing views, I would suggest also, an inqui- 
 ry, whether the provisions of the act of congress, authorizing the dis- 
 charge of the persons of debtors to the government, from imprisonment, 
 may not, consistently with the public interest, be extended to the release 
 of the debt, where the conduct of the debtor is wholly exempt from the 
 imputation of fraud. Some more liberal policy than that which now pre- 
 vails, in reference to this unfortunate class of citizens, is certainly due to 
 them, and would prove beneficial to the country. The continuance of 
 the liability, after the means to discharge it have been exhausted, can 
 only serve to dispirit the debtor, or, where his resources are but partial, 
 the want of power in the government to compromise and release the de- 
 mand, instigates to Iraud, as the only resource for securing a support to 
 his family. He thus sinks into a state of apathy, and becomes a useless 
 drone in society, or a vicious member of it, if not a feeling witness of 
 the rigor and inhumanity of his country. All experience proves, that op- 
 pressive debt is the bane of enterprise; and it should be the care of a re- 
 public not to exert a grinding power over misfortune and poverty. 
 
 Since the last session of congress, numerous frauds on the treasury have 
 been discovered, which I thought it my duty to bring under the cogni- 
 zance of the United States' court for this district, by a criminal prosecu- 
 tion. It was my opinion, and that of able counsel who were consulted, 
 that the cases came within the penalties of the act of the 17th congress, 
 approved 3d March, 1823, providing for the punishment of frauds com- 
 mitted on the government of the United States, Either from some defect 
 in the law or in its administration, every eftbrt to bring the accused to 
 trial under its provisions proved ineffectual; and the government was 
 driven to the necessity of resorting to the vague and inadequate provisions 
 of the common law. It is theretore my duty to call your attention to the 
 laws which have been passed for the protection of the treasury. If, in- 
 deed, there he no provision by which those who may be unworthily en- 
 trusted with its guardianship, can be punished for the most flagrant viola- 
 tion of duty, extending even to the most fraudulent appropriation of the 
 public funds to their own use, it is time to remedy so dangerous an omis- 
 sion. Or, if the law has been perverted from its original purposes, and 
 criminals, deserving to be punished under its provisions, have been res- 
 cued by legal subtilties, it ought to be made so plain, by amendatory pro- 
 visions, as to baffle the arts of perversion, and accomplish the ends of its 
 original enactment. 
 
 In one of the most flagrant cases, the court decided that thfe prosecu- 
 
1829.] 17 
 
 tion was barred by the statute which limits prosecution for fraud to two 
 years. In this case all the evidences of the fraud, and indeed all knowl- 
 edge that a fraud had been committed, were in possession of the party 
 accused, until after the two years had elapsed. Surely the statute ought 
 •not to run in favor of any man while he retains all the evidences of his 
 crime in his own possession; and, least of all, in favor of a public officer 
 who continues to defraud the treasury, and conceal the transaction for 
 the brief term of two years. I would therefore recommend such an al- 
 teration of the law as will give the injured party and the government two 
 years after the disclosure of the fraud, or after the accused is out of of- 
 fice, to commence their prosecution. 
 
 In connexion with this subject, I invite the attention of congress to a 
 general and minute inquiry into the condition of the government; with a 
 view to ascertain what offices can be dispensed with, what expenses re- 
 trenched;, and what improvements may be made in the organization of its 
 various parts, to secure the proper responsibility of public agents, and 
 promote efficiency and justice in all its operations. 
 
 The report of the secretary of war will make you acquainted with the 
 condition of our army, fortifications, arsenals, and Indian affairs. The 
 proper discipline of the army, the training and equipment of the militia, 
 the education bestowed at West Point, and the accumulation of the means 
 of defence, applicable to the naval force; will tend to prolong the peace 
 we now enjoy, and which every good citizen — more especially those who 
 have felt the miseries of even a successful warfare — must ardently desire 
 to perpetuate. 
 
 The returns from the subordinate branches of this service exhibit a re- 
 gularity and order highly creditable to its character; both officers and sol- 
 diers seem imbued with a proper sense of duty, and conform to the re- 
 straints of exact discipline with that cheerfulness which becomes the 
 profession of arms. There is need, however, of further legislation, to 
 obviate the inconveniences specified in the report under consideration; to 
 some of which it is proper that I should call your particular attention. 
 
 The act of congress of the 2d March, 1821, to reduce and fix the mili- 
 tary establishment, remaining unexecuted as it regards the command of 
 one of the regiments of artillery, cannot now be deemed a guide to the 
 -executive in making the proper appointment. An explanatory act, de- 
 signating the class of officers out of which this grade is to be filled — 
 whether from the military list, as existing prior to the act of 1821, or 
 from it, as it has been fixed by that act — would remove this difficulty. 
 It is also important that the laws regulating the pay and emoluments of 
 officers generally, should be more specific than they now are. Those, 
 for example, in relation to the paymaster and surgeon general 
 assign to them an annual salary of two thousand five hundred dollars, 
 but are silent as to allowances whicl\, in certain exigencies of the ser- 
 vice, may be deemed indispensable to the discharge of their duties. This 
 circumstance has been the authority for extending to them various allow- 
 ances, at different times, under former administrations: but no uniform 
 rule has been observed on the subject. Similar inconveniences exist in 
 other cases, in which the construction put upon the laws by the public 
 
18 [December, 
 
 accountants may operate unequally, produce confusion, and expose offi- 
 cers to the odium of claiming what is not their due. 
 
 I recommend to your fostering care, as one of your safest means of na- 
 tional defeiice, the military academy. This institution has already exer- 
 cised the happiest influence upon the moral and intellectual character of 
 our army; and such of the graduates as, from various causes, may not 
 pursue the profession of arms, will be scarcely less useful as citizens. 
 Their knowledge of the military art will be advantageously employed in 
 the militia service; and in a measure, secure to that class of troops the 
 advantages which, in this respect, belong to standing armies. 
 
 I would also suggest a review of the pension law, for the purpose of 
 extending its benefits to every revolutionary soldier who aided in estab- 
 lishing our liberties, and who is unable to maintain himself in comfort. 
 These relics of the war of independence have strong claims upon their 
 country's gratitude and bounty. The law is defective, in not embracing 
 within its provisions all those who were, during the last war, disabled 
 from supporting themselves by manual labor. Such an amendment 
 would add but little to the amount of pensions, and is called for by the 
 sympathies of the people, as well as by considerations of sound policy. 
 It will be perceived that a large addition to the list of pensioners has 
 been occasioned by an order of the late administration, departing mate- 
 rially from the rules which had previously prevailed. Considering it an 
 ;act of legislation, I suspended its operation as soon as I was informed 
 that it had commenced. Belore this period, however, applications under 
 the new regulation had been preferred, to tlie number ot one hundred and 
 iifty-four: of which, on the 27th March, the date of its revocation, eighty- 
 seven were admitted. For the amount, there was neither estimate nor 
 appropriation; and besides this deficiency, the regular allowances, ac- 
 cording to the rules which have heretofore governed the department, ex- 
 ceed the estimate of its late secretary, by about fifty thousand dollars: (or 
 which an appropriation is asked. 
 
 Your particular attention is requested to that part of the report of the 
 secretary of war which relates to the money held in trust for the Seneca 
 tribe of Indians. It will be perceived that, without legislative aid, the 
 executive cannot obviate the embarrassments occasioned by the diminu- 
 tion of the dividends on that fund; which originally amounted to one hun- 
 dred thousand dollars, and has recently been vested in the United States' 
 three per cent, stock. 
 
 The condition and ulterior destiny of the Indian tribes within the limits 
 of some of our states, have become objects of much interest and impor- 
 tance. It has long been the policy of government to introduce among 
 them the arts of civilization, in the hope of gradually reclaiming them 
 from a wandering life. This policy has, however, been coupled with 
 another, wholly incompatible with its success. Professing a desire to 
 civilize and settle them, we have, at the same time, lost no opportunity 
 to purchase their lands, and thrust them further into the wilderness. By 
 this means they have not only been kept in a wandering state, but been 
 led to look upon us as unjust and indifferent to their fate. Thus, though 
 lavish in its expenditures upon the subject, government has constantly de- 
 
1829.] 
 
 19 
 
 feated its own policy; and the Indians in general, receding further and 
 further to the west, have retained their savage habits. A portion, how- 
 ever, of the southern tribes, having mingled much with the whites, and 
 made some progress in the arts of civilized life have lately attempted to 
 erect an independent government, within the limits of Georgia and Ala- 
 bama. These states claiming to be the only sovereigns within their ter- 
 ritories, extended their laws over the Indians; which induced the latter 
 to call upon the United States for protection. 
 
 Under these circumstances, the question presented was, whether the 
 general government had a right to sustain those people in their preten- 
 sions.? The constitution declares, that, "no new state shall be formed or 
 erected within the jurisdiction of any other state," without the consent of 
 its legislature. If the general government is not permitted to tolerate 
 the erection of a confederate state within the territory of one of the 
 members of this union, against her consent, much less could it allow a fo- 
 reign and independent government to establish itself there. Georgia be- 
 came a member of the confederacy which eventuated in our federal 
 union, as a sovereign state, always asserting her claim to certain limits; 
 which having been originally defined in her colonial charter, and subse- 
 quently recognised in the treaty of peace, she has ever since continued 
 to enjoy, except as they have been circumscribed by her own voluntary 
 transfer of a portion of her territory to the United States, in the articles 
 of cession of 1802. Alabama was admitted into the union on the same 
 footing with the original states, with boundaries which were prescribed 
 by congress. There is no constitutional, conventional, or legal provision, 
 which allows them less power over the Indians within their borders, than 
 is possessed by Maine or New York. Would the people of Maine per- 
 mit the Penobscot tribe to erect an independent government within their 
 state.? and unless they did, would it not be the duty of the general go- 
 vernment to support them in resisting such a measure? Would the peo- 
 ple of New York permit each remnant of the Six Nations within her bor- 
 ders, to declare itself an independent people under the protection of the 
 United States.? Could the Indians establish a separate republic on each 
 of their reservations in Ohio.? and if they were so disposed, would it be 
 the duty of this government to protect them in the attempt.? If the prin- 
 ciple involved in the obvious answer to these questions be abandoned, it 
 will follow that the objects of this government are reversed; and that it 
 has become a part of its duty to aid in destroying the states which it 
 was established to protect. 
 
 Actuated by this view of the subject, I informed the Indians inhabiting 
 parts of Georgia and Alabama, that their attempt to establish an indepen- 
 dent government would not be countenanced by the executive of the Unit- 
 ed States; and advised them to emigrate beyond the Mississippi, or sub- 
 mit to the laws of those states. 
 
 Our conduct towards these people is deeply interesting to our national 
 character. Their present condition, contrasted with what they once 
 were, makes a most powerful appeal to our sympathies. Our ancestors 
 found them the uncontrolled possessors of these vast regions. By persua- 
 sion and force, they have been made to retire from river to river, and 
 
20 [December, 
 
 from mountain to mountain; until some of the tribes have become extinct, 
 and others have left but remnants to preserve, for a while, their once ter- 
 rible names. Surrounded by the wliites, with their arts of civilization, 
 which, by destroying* the resources of the savage, doom him to weakness 
 and decay, the fate of the Mohegan,the Narragansett, and the Delaware, 
 is fast overtaking the Choctaw, the Cherokee, and the Creek. That this 
 fate surely awaits them, if they remain within the limits of the states, 
 does not admit of a doubt Humanity and national honor demand that 
 every effort should be made to avert so great a calamity. It is too late 
 to inquire whether it was just in the United States to include them and 
 iheir territory, within the bounds of new states whose limits they could 
 control. That step cannot be retraced. A state cannot be dismember- 
 ed by congress, or restricted in the exercise of her constitutional power. 
 But the people of those states, and of every state, actuated by feelings of 
 justice and regard for our national honor, submit to you the interesting 
 question, whether something cannot be done, consistently with the rights 
 of the states, to preserve this much injured race? 
 
 As a means of effecting this end, I suggest for your consideration, the 
 propriety of setting apart an ample district west of the Mississippi, and 
 without the limits of any state or territory, now formed, to be guaran- 
 teed to the Indian tribes, as long as they shall occupy it: each tribe hav- 
 ing a distinct control over the portion designated for its use. There they 
 may be secured in the enjoyment of governments of their ow^n choice, 
 subject to no other control from the United States than such as may be 
 necessary to preserve peace on the frontier, and between the several 
 tribes. There the benevolent may endeavor to teach them the arts of ci- 
 vilization; and by promoting union and harmony among them, to raise up 
 an interesting commonwealth, destined to perpetuate the race, and to at- 
 test the humanity and justice of this government. 
 
 This emigration should be voluntary: for it would be as cruel as unjust 
 to compel the aborigines to abandon the graves of their fathers, and seek 
 a home in a distant land. But they should be distinctly informed that, if 
 they remain w'ithin the limits of the states, they must be subject to their 
 laws. In return for their obedience, as individuals, they will, without 
 doubt, be protected in the enjoyment of those possessions which they 
 have improved by their industry. But it seems to me visionary to sup- 
 pose, that, in this state of things, claims can be allowed on tracts of coun- 
 try on which they have neither dwelt nor made improvements, merely 
 because they have seen them from the mountain, or passed them in the 
 chase. Submitting to the laws of the states, and receiving, like other 
 citizens, protection in their persons and property, they will, ere long, 
 become merged in the mass of our population. 
 
 The accompanying report of the secretary of the navy will make you 
 acquainted with the condition and useful employment of that branch of our 
 service, during the present year. Constituting, as it does, the best stand- 
 ing security of this country against foreign aggression, it claims the espe- 
 cial attention of government. In this spirit, the measures which, since 
 ihe termination of the last war, have been in operation for its gradual en- 
 largement, were adopted; and it should continue to be cherished as the 
 
1829.] 21 
 
 offspring of our national experience. It will be seen, however, that not- 
 withstanding the great solicitude which has been manifested for the per- 
 fect organization of this arm, and the liberality of the appropriations 
 which that solicitude has suggested, this object has, in many important 
 respects, not been secured. 
 
 In time of peace, we have need of no more ships of war than are requi- 
 site to the protection of our commerce. Those not wanted for this ob- 
 ject, must lay in the harbors, where, without proper covering, they ra- 
 pidly decay; and even under the best precautions for their preservation, 
 must soon become useless. Such is already the case with many of our 
 finest vessels; which, though unfinished, will now require immense sums 
 of money to be restored to the condition in which they were, when com- 
 mitted to their proper element. On this subject there can be but little 
 doubt that our best policy would be to discontinue the building of ships 
 of the first and second class, and look rather to the possession of ample 
 materials, prepared for the emergencies of war, than to the number of 
 vessels which we can float in a season of peace, as the index of our naval 
 power. Judicious deposites in navy yards, of timber and other materials, 
 fashioned under the hands of skillful workmen, and fitted for prompt ap- 
 plication to their various purposes, would enable us, at all times, to con- 
 struct vessels as fast as they can be manned; and save the heavy expense 
 of repairs, except to such vessels as must be employed in guarding our 
 commerce. The proper points for the establishment of these yards are 
 indicated with so much force in the report of the navy board, that, in re- 
 commending it to your attention, I deem it unnecessary to do more thari 
 express my hearty concurrence in their views. The yard in this district, 
 being already furnished with most of the machinery necessary for ship 
 building, will be competent to the supply of the two selected by the 
 board as the best for the concentration of materials; and, from the facility 
 and certainty of communication between them, it will be useless to incur, 
 at these depots, the expense of similar machinery, especially that used in 
 preparing the usual metallic and wooden furniture of vessels. 
 
 Another improvement would be effected by dispensing altogether with 
 the navy board, as now constituted, and substituting, in its stead, bureaus 
 similar to those already existing in the war department. Each member 
 of the board, transferred to the head of a separate bureau, charged with 
 specific duties; would feel, in its highest degree, that wholesome respon- 
 sibility which cannot be divided without a far more than proportionate 
 diminution of its force. Their valuable services would become still more 
 so when separately appropriated to distinct portions of the great interests 
 of the navy; to the prosperity of which each would be impelled to devote 
 himself by the strongest motives. Under such an arrangement, every 
 branch of this important service would assume a more simple and precise 
 character; its efficiency would be increased, and scrupulous economy in 
 the expenditure of public money promoted. 
 
 I would also recommend that the marine corps be merged in the artil- 
 lery or infantry, as the best mode of curing the many defects in its or- 
 ganization. But little exceeding in number any of the regiments of in- 
 3 
 
22 [December, 
 
 fantry, that corps has, besides its lieutenant colonel commandant, five bre- 
 vet lieutenant colonels, who receive the full pay and emoluments of their 
 brevet rank, without rendering proportionate service. Details for marine 
 service could as well be made from the infantry, or artillery — there being 
 no peculiar training requisite for it. 
 
 'With these improvements, and such others as zealous watchfulness and 
 mature consideration may suggest, there can be little doubt that, under an 
 energetic administration of its affairs, the navy may soon be made every 
 tiling that the nation wishes it to be. Its efficiency in the suppression of 
 piracy in the West India seas, and wherever its squadrons have been em- 
 ployed, in securing the interests of the country, w^ill appear from the re- 
 port of the secretary, to which I refer you for other interesting details. 
 Among these, I would bespeak the attention of congress for the views 
 presented in relation to the inequality between the army and navy as to 
 the pay of officers. No such inequality should prevail between these 
 brave defenders of their country; and where it does exist, it is submitted 
 to congress whether it ought not to be rectified. 
 
 The report of the postmaster general is referred to as exhibiting a 
 highly satisfactory administration of that department. Abuses have beea 
 reformed; increased expedition in the transmission of the mail secured; 
 and its revenue much improved. In a political point of view, this de- 
 partment is chiefly important as affording the means of diffusing knowl- 
 edge. It is to the body politic what the veins and arteries are to the na- 
 tural — conveying rapidly and regularly, to the remotest parts of the sys- 
 tem, correct information of the operations of the government, and bring- 
 ing back to it the wishes and feelings of the people. Through its agency, 
 we have secured to ourselves the full enjoyment of the blessings of a free 
 press. 
 
 In this general survey of our affairs, a subject of high importance pre- 
 sents itself in the present organization of the judiciary. An uniform ope- 
 ration of the federal government in the different states is certainly desira- 
 ble; and, existing as they do in the union, on the basis of perfect equality, 
 each state has a right to expect that the benefits conlerred on the citizens 
 of others should be extended to hers. The judicial system of the United 
 States exists in all its efficiency in only fifteen members of the union: to 
 three others, the circuit courts, which constitute an important part of that 
 system, have been imperfectly extended: and to the remaining six, alto- 
 gether denied. The effect has been to withhold from the inhabitants of 
 the latter the advantages aflbrded (by the supreme court) to their fellow 
 citizens in other states, in the whole extent of the criminal, and much of 
 the civil, authority of the federal judiciary. That this state of things 
 ought to he remedied, if it can be done consistently with the public wel- 
 fare, is not to be doubted; neither is it to be disguised that the organiza- 
 tion of our judicial system is at once a difficult and delicate task. To 
 extend the circuit courts equally throughout the different parts of tlie 
 Union, and, at the same time, to avoid such a multiplication of members 
 as would encumber the supreme ap{)ellate tribunal, is the object desired. 
 Perhaps it might be accomplished by dividing the circuit judges into two 
 
1829.] 23 
 
 classes, and providing that the supreme court should be held by those 
 classes alternately — the chief justice always presiding. 
 
 If an extension of the circuit court system to those states which do not 
 now enjoy its benefits should be determined upon, it would, of course, be 
 necessary to revise the present arrangement of the circuits; and even if 
 that system should not be enlarged, such a revision is recommended. 
 
 A provision for taking the census of the people of the United States 
 will, to ensure the completion of that work within a convenient time, 
 claim the early attention of congress. 
 
 The great and constant increase of business in the department of state 
 forced itself, at an early period, upon the attention of the executive. 
 Thirteen years ago, it was, in Mr. Madison's last message to congress, 
 made the subject of an earnest recommendation, which has been repeated 
 by both of his successors; and my comparatively limited experience has 
 satisfied me of its justness. It has arisen from many causes, not the least 
 of which is the large addition that has been made to the family of inde- 
 pendent nations, and the proportionate extension of our foreign relations. 
 The remedy proposed was the establishment of a home department — a 
 measure which does not appear to have met the views of congress, on 
 account of its supposed tendency to increase gradually, and impercepti- 
 bly, the already too strong bias of the federal system towards the exer- 
 cise of authority not delegated to it. I am not, therefore, disposed to 
 revive the recommendation; but am not the less impressed with the im- 
 portance of so organizing that department, that its secretary may devote 
 more of his time to our foreign relations. Clearly satisfied that the pub- 
 lic good would be promoted by some suitable provision on the subject, I 
 respectfully invite your attention to it. 
 
 The charter of the bank of the United States expires in 1836, and its 
 stockholders vrill most probably apply for a renewal of their privileges. 
 In order to avoid the evils resulting from precipitancy in a measure in- 
 volving such important principles, and such deep pecuniary interests, I 
 feel that I cannot, injustice to the parties interested, too soon present it 
 to the deliberate consideration of the legislature and the people. Both 
 the constitutionality and the expediency of the law creating this bank are 
 well questioned by a large portion of our fellow citizens; and it must be 
 admitted by all, that it has tailed in^the great end of establishing a uniform 
 and sound currency. 
 
 Under these circumstances, if such an institution is deemed essential to 
 the fiscal operations of the government, 1 submit to the w^isdom of the le- 
 gislature whether a national one, founded upon the credit of the govern- 
 ment and its revenues, might not be devised, which would avoid all con- 
 stitutional difficulties, and, at the same time, secure all the advantages to 
 the government and country that were expected to result from the present 
 bank. 
 
 I cannot close this communication without bringing to your view the 
 just claim of the representatives of commodore Decatur, his officers and 
 crew, arising from the re-capture of the frigate Philadelphia, under the 
 heavy batteries of Tripoli. Although sensible, as a general rule, of the 
 impropriety of executive interference under a government like ours, 
 
24 [December. 
 
 where every individual enjoys the right of directly petitioning congress-, 
 yet, viewing this case as one of a very peculiar character, I deem it my 
 duty to recommend it to your favorable consideration. Besides the just- 
 ice of this claim, as corresponding to those which have been since recog- 
 nized and satisfied, it is the fruit of a deed of patriotic and chivalrous 
 daring, which infused life and confidence into our infant navy, and contri- 
 buted, as much as any exploit in its history, to elevate our national cha- 
 racter. Public gratitude, therefore, stamps her seal upon it; and the 
 meed should not be withheld which may hereafter operate as a stimulus 
 to our gallant tars. 
 
 I now commend you, fellow citizens, to the guidance of Almighty God, 
 with a full reliance on his merciful Providence for the maintenance of our 
 free institutions; and with an earnest supplication, that, whatever errors 
 it may be my lot to commit, in discharging the arduous duties which have 
 devolved on me, will find a remedy in the harmony and wisdom of your 
 counsels. , ANDREW JACKSON. 
 
VETO 
 
 UPON AN AeT AUTHORISING A SUBSCRIPTION OF STOCK 
 
 IN THE 
 
 Maymlle, Washington, Paris, sind Lexington Turnpike Road Company, 
 
VETO. 
 
 House of Representatives, May 27, 1830. 
 
 The following message was received from the President of the United 
 States, returning to the House of Representatives the enrolled bill enti- 
 tled "An act authorizing a subscription of stock in the Maysville, Wash- 
 ington, Paris, and Lexington turnpike road Company j" with his objec- 
 tions thereto. 
 
 To the House of Representatives: 
 
 Gentlemen: — I have maturely considered the bill proposing to au- 
 thorize "a subscription of stock in the Maysville, Washington, Paris, 
 and Lexington turnpike road Company," and now return the same to the 
 House of Representatives, in which it originated, with my objections to 
 its passage. 
 
 Sincerely friendly to the improvement of our country by means of 
 roads and canals, I regret that any difference of opinion in the mode of 
 contributing to it should exist between us-, and if, in stating this differ- 
 ence, I go beyond what the occasion may be deemed to call for, I hope 
 to find an apology in the great importance of the subject, an unfeigned 
 respect for the high source from which this branch of it has emanated, 
 and an anxious wish to be correctly understood by my constituents in the 
 discharge of all my duties. Diversity of sentiment among public func- 
 tionaries, actuated by the same general motives, on the character and 
 tendency of particular measures, is an incident common to all govern- 
 ments, and the more to be expected in one which, like ours, owes its ex- 
 istence to the freedom of opinion, and must be upheld by the same influ- 
 ence. — Controlled, as we thus are, by a higher tribunal, before which 
 our respective acts will be canvassed with the indulgence due to the im- 
 perfections of our nature, and with that intelligence and unbiassed judg- 
 ment which are the true correctives of error, all that our responsibility 
 demands is, that the public good should be the measure of our viewsy 
 dictating alike their frank expression and honest maintenance. 
 
 In the message which was presented to congress at the opening of it& 
 
28 [May, 
 
 present session, I endeavored to exhibit briefly my views upon the im- 
 portant and highly interesting subject, to which our attention is now ta 
 be directed. I was desirous of presenting to the representatives of the 
 several states in congress assembled, the inquiry whether some mode 
 could not be devised which would reconcile the diversity of opinion con- 
 cerning the powers of this government over the subject of internal im- 
 provements, and the manner in which these powers, if conferred by the 
 constitution, ought to be exercised. The act which I am called upon to 
 consider, has therefore, been passed with a knowledge of my views on 
 this question, as these are expressed in the message referred to. In that 
 document the following suggestions will be found. 
 
 "After the extinction of the public debt, it is not probable that any ad- 
 justment of the tariff, upon principles satisfactory to the people of the 
 union, will, until a remote period, if ever, leave the government without 
 a considerable surplus in the treasury, beyond what may be required for 
 its current service. As then the period approaches when the application 
 of the revenue to the payment of debt will cease, the disposition of the 
 surplus will present a subject for the serious deliberation of congress; and 
 it may be fortunate for the country that it is yet to be decided. Consider- 
 ed in connexion with the difficulties which have heretofore attended appro- 
 priations for purposes of internal improvement, and with those which this ex- 
 perience tells us will certainly arise, whenever power over such subjects 
 may be exercised by the general government; it is hoped that it may 
 lead to the adoption of some plan which will reconcile the diversified in- 
 terests of the states, and strengthen the bonds which unite them. Every 
 member of the union, in peace and in war, will be benefitted by the im- 
 provement of inland navigation and the construction of highways in the 
 several states. Let us then endeavor to attain this benefit in a mode 
 which will be satisfactory to all. That hitherto "adopted has been de- 
 precated as an infraction of the constitution by many of our fellow-citi' 
 zens, while by others it has been viewed as inexpedient. All feel that it 
 has been employed at the expense of harmony in the legislative coun- 
 cils," and adverting to the constitutional power of congress to make what 
 I consider a proper disposition of the surplus revenue, I subjoin the fol- 
 lowing remarks: "To avoid these evils, it appears to me that the most 
 safe, just and federal disposition which could be made of the surplus re- 
 venue, would be its apportionment among the several states according to 
 their ratio of representation; and should this measure not be found war- 
 ranted by the constitution, that it would be expedient to propose to the 
 states an amendment authorizing it." 
 
 The constitutional power of the federal goverment to construct or pro- 
 mote works of internal improvement, presents itself in two points of 
 view: the first, as bearing upon the sovereignty of the states within 
 whose limits their execution is contemplated, if jurisdiction ot the terri- 
 tory which they may occupy, be claimed as necessary to their preserva- 
 tion and use: the second, as asserting the simple right to appropriate mo- 
 ney from the national treasury in aid of such works when undertaken by 
 state authority, surrendering the claim of jurisdiction. In the first view, 
 the question of power is an open one, and can be decided without the 
 
1830.] 29 
 
 embarrassment attending the other, arising from the practice of the go- 
 vernment. 
 
 Althougli frequently and strenuously attempted, the power, to this ex- 
 tent, has never been exercised by the government in a single instance. 
 It does not, in my opinion, possess it, and no bill therefore, which admits 
 it, can receive my official sanction. 
 
 But, in the other view of the power, the question is differently situated. 
 The ground taken at an early period of the government, was, "that whenever 
 money has been raised by the general authority, and is to l!e applied to a 
 particular measure, a question arises, whether the particular measure 
 be within the enumerated authorities vested in congress. If it be, the 
 money requisite for it may be applied to it; if not, no such application can 
 be made." The document in which this principle was first advanced is 
 of deservedly high authority, and should be held in grateful remembrance 
 for its immediate agency in rescuing the country from much existing 
 abuse, and for its conservative effect upon some of the most valuable 
 principles of the constitution. The symmetry and purity of the govern- 
 ment would, doubtless, have been better preserved, if this restriction of 
 the power of appropriation could have been maintained without weaken- 
 ing its ability to fulfil the general objects of its institutions: an effect so 
 likely to attend its admission, notwithstanding its apparent fitness, that 
 every subsequent administration of the government, embracing a period 
 of thirty out of the forty-two years of its existence, has adopted a more 
 enlarged construction of the power. It is not my purpose to detain you 
 by a minute recital of the acts which sustain this assertion, but it is pro- 
 per that I should notice some of the most prominent, in order that the re- 
 flections which they suggest to my mind, may be better understood. 
 
 In the administration of Mr. Jefferson we have two examples of the ex- 
 ercise of the right of appropriation, which, in the consideration that led 
 to their adoption and in their effects upon the public mind, have had a 
 greater agency in marking the character of the power, than any subse- 
 quent events. I allude to the payment of fifteen millions of dollars for 
 the purchase of Louisiana, and to the original appropriations for the con- 
 struction of the Cumberland road, the latter act deriving much weight 
 from the acquiescence and approbation of three of the most powerful of 
 the original members of the confederacy, expressed through their respec- 
 tive legislatures. ' Although the circumstances of the latter case may be 
 such as to deprive so much of it as relates to the actual construction of 
 the road, of the force of an obligatory exposition of the constitution, it 
 must nevertheless, be admitted that, so far as the mere appropriation of 
 money is concerned, they present the principle in its most imposing aspect. 
 No less than twenty three different laws have been passed through all 
 the forms of the constitution, appropriating upwards of two millions and 
 a half of dollars out of the national treasury in support of that improve- 
 ment, with the approbation of every president of the United States, in- 
 cluding my predecessor, since its commencement. 
 
 Independently of the sanction given to appropriations for the Cumber- 
 land and other roads and objects, under this power, the administration of 
 4 "^ 
 
30 • [May, 
 
 Mr. Madison was characterised by an act which furnishes the strongest 
 evidence of his opinion of its extent. A bill was passed through both 
 houses of congress, and presented for liis approval, "setting apart and 
 pledging certain funds for constructing roads and canals, and improving 
 the navio-ation of water couises, in order to facilitate, promote, and give 
 security to internal commerce among the several states, and to render 
 more easy, and less expensive, the means and provisions for the common 
 defence." Regarding the bill as asserting a power in the federal govern- 
 ment to construct roads and canals within the limits of tlie states in which 
 they were made, he objected to its passage, on the ground of its uncon- 
 stitutionality, declaring that the assent of the respective states, in the 
 mode provided by the bill, could not confer the power in question; that 
 the only cases in which the consent and cession of particular states can 
 extend the power of congress, are those specified and provided for in the 
 constitution; and superadding to these avowals, his opinion, that "a re- 
 striction of the power Ho provide for the common defence and general 
 Avelfare,' to cases which are to be provided for by the expenditure of mo- 
 ney, would still leave within the legislative power of congress, all the 
 great and most important measures of government, money being the ordi- 
 nary and necessary means of carrying them into execution.'^ 1 have not 
 been able to consider these declarations in any other point of view, than 
 as a concession that the right of appropriation is not limited by the power 
 to carry into eifect the measure for which the money is asked, as was 
 formerly contended. 
 
 The views of Mr. Monroe upon this subject, were not left to inference. 
 During this adminstration a bill w^as passed through both houses of con- 
 gress, conferring the jurisdiction and prescribing the mode by which the 
 federal government should exercise it in the case of the Cumberland road. 
 He returned it with objections to its passage, and in assigning them, took oc- 
 casion to say, that in the early stages of the government, he had inclined to 
 the construction that it had no right to expend money, except in the per- 
 formance of acts authorized by the other specific grants of power accord- 
 in"- to a strict construction of them; but that, on further reflection and 
 observation, his mind had undergone a change; that his opinion then was, 
 "that congress have an unlimited power to raise money, and that in its 
 appropriation, they liavc a discretionary power, restricted only by the 
 duty to appropriate it to purposes of common defence, and of general, 
 not local, national, not state benefit;" and this was avowed to be the go- 
 verning principle through the i-esiduc of his administration. The views 
 of the last administration are of such recent date as to render a particular 
 reference to them unnecessary. It is well known that the appropriating 
 power, to the utmost extent which had been claimed lor it, in relation to 
 internal improvements, was fully recognized and exercised by it. 
 
 This brief reference to known facts, will be sufficient to show the dif- 
 ficulty, if not impracticability, of bringing back the operations of the go- 
 vernment to the construction of the constitution set up in 1793, assuming 
 that to be its true reading, in relation to the power under consideration: 
 thus giving an admonitory proof of the force of implication, and the ne- 
 cessity of guarding the constitution with sleepless vigilance, against the 
 
1830.] 31 
 
 authority of precedents wliich have not the sanction of its most plainly 
 defined powers. For, although it is the duty of all to look to that sacred 
 instrument, instead of the statute book, to repudiate at all times, en- 
 croachments upon Its spirit, which are too apt to be effected by the con- 
 juncture of peculiar and facilitating circumstances; it is not less true, that 
 the public good and the nature of our political institutions require, that 
 individual differences should yield to a well settled acquiescence of the 
 people and confederated authorities, in particular constructions of the 
 constitution, on doubtful points. Not to concede this much to the spirit 
 of our institutions, would impair their stability, and defeat the objects of 
 the constitution itself. 
 
 Tiie bill before me does not call for a more definite opinion upon the 
 particular circumstances which will warrant appropriations of money by 
 congress, to aid works of internal improvement, for althougli the exten- 
 sion of the power to apply money beyond that of carrying into effect the 
 object for which it is appropriated, has as we have seen, been long claim- 
 ed and exercised by tlie federal government, yet such grants have always 
 been professedly under the control of the general principle, that the 
 works which might be thus aided, should be "of a general, not local — na- 
 tional, not state" character. A disregard of this distinction would of ne- 
 cessity lead to the subversion of the federal system. That even this is 
 an unsafe one, arbitrary in its nature, and liable, consequently, to great 
 abuses, is too obvious to require the confirmation of experience. It is, 
 however, sufficiently definite and imperative to my mind, to forbid my ap- 
 probation of any bill having the character of the one under consideration. 
 I have given to its provi-sions all the reflection demanded by a just regard 
 for the interests of those of our fellow citizens who have desired its pas- 
 sage, and by the respect which is due to a co-ordinate branch of the go- 
 verment; but I am not able to view it in any other light than as a measure 
 of purely local character, or if it can be considered national, that no fur- 
 ther distinction between the appropriate duties of the general and state 
 government, need be attempted: for there can be no local interest that 
 may not with equal propriety be denominated national. It has no con- 
 nexion witii any established system ofimprovements; is exclusively with- 
 in the limits of a'state, starting at a point on the Ohio river, and running 
 out sixty miles to an interior town; and even as far as llio state is inter- 
 ested, conferring partial, instead of general advantages. 
 
 Considering the magnitude and importance of tlie power, and the em- 
 barrassments to which, from the very nature of ttie thing, its exercise 
 must, necessarily, be subjected; the real friends of internal improvement 
 ought not to be willing to confide it to accident and chance. What is pro- 
 perly niUio7ial m its character, or otherwise, is an inquiry whicii is often 
 extremely difficult of solution. The appropriations of one year, for an 
 object which is considered national, may be rendered nugatory, by the 
 refusal of a succeeding congress to continue the work, on the ground that 
 it is local. No aid can be derived from the intervention of corporations. 
 The question regards« die cliaracter of the work, not that of those by 
 whom it IS to be accomplished. Notwithstanding the union of the go- 
 vernment with the corporation, by whose immediate agency, any work 
 
32 [May, 
 
 of internal improvement is carried on, the inquiry will still remain, is it 
 national and conducive to the heneiit of the whole, or local, and operating 
 only to the advantage of a portion ot the union? 
 
 But, although, I might not feel it to be my official duty to interpose 
 the executive veto, to the passage of a bill appropriating money for the 
 construction of such works as are authorized by the states, and are na- 
 tional in their character, I do not wish to be understood as expressing an 
 opinion, that it is expedient at this time, for the general government to 
 embark in a system of this kind, and, anxious that my constituents should 
 be possessed of my views, on this, as well as on all other subjects, 
 which they have committed to my discretion, I shall state them 
 frankly and briefly. Besides many minor considerations, there are two 
 prominent views of the subject, which have made a deep impression upon 
 my mind, which, I think, are well entitled to your serious attention, and 
 will, I hope, be maturely weighed by the people. 
 
 From the official communication submitted to you, it appears, that if 
 no adverse and unforeseen contingency happens in our foreign relations, 
 and no unusual diversion be made of the funds set apart for the payment 
 of the national debt, w"e may look with confidence to its entire extin- 
 guishment in the short period of four years. The extent to which this 
 pleasing anticipation is dependent upon the policy, which may be pur- 
 sued in relation to measures, of the character of the one, now under con- 
 sideration, must be obvious to all, and equally so, that the events of the 
 present session are well calculated to awaken public solicitude upon the 
 subject. By the statement from the treasury department, and those from 
 the clerks of the Senate and House of Representatives, herewith submit- 
 ted, it appears that the bills which have passed into laws, and those 
 which in all probability, will pass before the adjournment of congress, 
 anticipate appropriations which, with the ordinary expenditures for the 
 support of government, will exceed considerably the amount in the trea- 
 sury for the year 1830. Thus, whilst we are diminishing the revenue by 
 a reduction of the duties on tea, coffee, and cocoa, the appropriations for 
 internal improvement are increasing beyond the available means of the 
 treasury; and if to this calculation be added the amount contained in bills 
 which are pending before the two houses, it may be safely affirmed, that 
 ten millions of dollars would not make up the excess over the treasury 
 receipts, unless the payment of the national debt be postponed, and the 
 means now pledged to that object applied to those enumerated in these bills. 
 Without a well regulated system of internal improvement, this exhaust- 
 ipg mode of appropriation is not likely to be avoided, and the plain con- 
 sequence must be, either a continuance of the national debt, or a resort 
 to additional taxes. 
 
 Although many of the states, with a laudable zeal, and under the influ- 
 ence of an enlightened policy, are successfully applying their separate 
 efforts to works of this character, the desire to enlist the aid of the gene- 
 ral government in the construction of such as from their nature ought to 
 devolve upon it, and to which the means of the individual states are in- 
 adequate, is both rational and patriotic; and, if that desire is not gratified 
 now, it docs not follow that it never will be. The general intelligence 
 
1830.] 33 
 
 and public spirit of the American people, furnish a sure guarantee, that 
 at the proper time, this policy will be made to prevail under circum- 
 stances more auspicious to its successful prosecution, than those which 
 now exist. But great as this object undoubtedly is, it is not the only one 
 which demands the fostering care of the government. The preservation 
 and success of the republican spirit rest with us. To elevate its cha- 
 racter, and extend its influence, rank among our most important duties; 
 and the best means to accomplish this desirable end, are those which will 
 rivet the attachment of our citizens to the government of their choice, by 
 the comparative lightness of their public burdens, and by the attraction 
 which the superior success of its operations will present to the admira- 
 tion and respect of the world. — Through the favor of an over-ruling and 
 indulgent Providence, our country is blessed with general prosperity, and 
 our citizens exempted from the pressure of taxation, which other, less fa- 
 vored portions of the human family, are obliged to bear, yet it is true, 
 that many of the taxes collected from our citizens, through the medium 
 of imposts, have, for a considerable period, been onerous. In many par- 
 ticulars, these taxes have borne severely upon the laboring and less pros- 
 perous classes of the community, being imposed on the necessaries of life, 
 and this, too, in cases where the burden was not relieved by the con- 
 sciousness, that it would ultimately contribute to make us independent of 
 foreign nations for articles of prime necessity, by the encouragement of 
 their growth and manufacture at home. They have been cheerfully 
 borne, because they were thought to be necessary to the support of go- 
 vernment, and the payment of the debts unavoidably incurred in the ac- 
 quisition and maintenance of our national rights and liberties. But have 
 we a right to calculate on the same cheerful acquiescence, when it is 
 known that the necessity for their continuance would cease, were it not 
 for the irregular, improvident, and unequal appropriations of the public 
 funds? Will not the people demand, as they have a right to do, such a 
 prudent system of expenditure, as will pay the debts of the union, and au- 
 thorize the reduction of every tax, to as low a point as the wise obser- 
 vance of the necessity to protect that portion of our manufactures and la- 
 bor, whose prosperity is essential to our national safety and independence, 
 will allow.^ When the national debt is paid, the duties upon those arti- 
 cles which we do not raise, may be repealed with safety, and still leave, 
 I trust, without oppression to any section of the country, an accumulat- 
 ing surplus fund, which may be beneficially applied to some weU digest- 
 ed system of improvement. 
 
 Under this view, the question, as to the manner in which the federal 
 government can, or ought to embark in the construction of roads and ca- 
 nals, and the extent to which it may impose burthens on the people for 
 these purposes, may be presented on its own merits, free of all disguise, 
 and of every embarrassment, except such as may arise from the constitu- 
 tion itself Assuming these suggestions to be correct, will not our con- 
 stituents require the observance of of a course by which they can be ef- 
 fected.'' Ought they not to require it.^ — With the best dispositions to aid, 
 as far as I can conscientiously, in furtherance of works of internal im- 
 provement, my opinion is, that the soundest views of national policy at 
 
34 [May, 
 
 this lime, point to such a course. — Besides, the avoidance of an evil influ- 
 ence upon tlie local concerns of the country, how solid is the advantage 
 which the government will reap from it in the elevation of its character? 
 How gratifying the effect of presenting to the world the sublime specta- 
 cle of a republic of more than twelve millions of happy people, in the 
 fifty-fourth year of her existence, after having passed through two pro- 
 tracted wars; the one for the acquisition, and the other for the mainten- 
 ance of liberty, free from debt, and with all her immense resources un- 
 fettered! What a salutary influence Vv'ould not such an exhibition exer- 
 cise upon the cause of liberal principles and free government throughout 
 the world. Would we not ourselves find, in its effect, an additional guar- 
 antee, that our political institutions will be transmitted to the most remote 
 posterity, without decay? A course of policy destined to witness events 
 like these, cannot be benefitted by a legislation which tolerates a scram- 
 ble for appropriations that have no relation to any general system of im- 
 provement, and whose good effects must, of necessity, be very limited. 
 In the best view of these appropriations, the abuses to whicii they lead, 
 far exceed the good wiiich they are capable of promoting. They may 
 be resorted to as artful expedients, to shift upon the government the 
 losses of unsuccessful private speculation, and thus by ministering to per- 
 sonal ambition and self aggrandizement, tend to sap the foundations of 
 public virtue, and taint the administration of the government with a de- 
 moralizing influence. 
 
 In the other view of the subject, and the only remaining one, which it 
 is my intention to present at this time, is involved the expediency of em- 
 barking in a system of internal improvement, without a previous amend- 
 ment of the constitution, explaining, and defining the precise powers of the 
 federal governmen over it: assuming the right to appropriate money, to 
 aid in the construction of national works, to be warranted by the cotem- 
 poraneous and continued exposition of the constitution, its insuificiency 
 for the successful prosecution of them, must be admitted by all candid 
 minds. If we look to usage to deline the extent of the right, that will 
 be found so variant, and embracing so much that has been overruled, as 
 to involve the whole subject in great uncertainty, and to render the exe- 
 cution of our respective duties in relation to it, replete with difficulty and 
 embarrassment. It is in regard to such works, and the acquisition of ad- 
 ditional territory, that the practice obtained its first footing. In most, if 
 not all other disputed questions of appropriation, the construction of tlie 
 constitution may be regarded as unsettled, if tlie right to apply money, in 
 the enumerated cases, is placed on the g-round of usage. 
 
 This subject has been one of much, and I may add, painful reflection 
 to me. It has bearings that are well calculated to exert a powerful influ- 
 ence upon our hitherto prosperous system of government, and which, on 
 some accounts, may even excite despondency in the breast of an Ameri- 
 can citizen. I will not detain you with professions of zeal in the cause 
 of internal improvements. If to be their friend is a virtue which deserves 
 commendation, our country is blessed with an abundance of it; for I do 
 not suppose there is an intelligent citizen who does not wish to see them 
 flourish. But though all are their friends, but few, I trust, are unmind- 
 
1830.] 35 
 
 ful of the means by which they should be promoted: none certainly are 
 so degenerate as to desire their success at the cost of that sacred instru- 
 ment, with the preservation of which is indissolubly bound our country's 
 hopes. If different impressions are entertained in any quarter; if it is 
 expected that the people of this country, reckless of their constitutional 
 obligations, will prefer their local interest to the principles of the union, 
 such expectations will in the end be disappointed; or, if it be not so, then, 
 indeed, has the world but little to hope from the example of free govern- 
 ment. When an honest observance of constitutional compacts cannot be 
 obtained from communities like ours, it need not be anticipated else- 
 w^here; and the cause in which there has been so much martyrdom, and 
 from which so much w^as expected by the friends of liberty, may be 
 abandoned; and the degrading truth, that man is unfit for self-govern- 
 ment, admitted. And this w^ill be the case if expediency be made a rule 
 of construction in interpreting the constitution. Power, in no govern- 
 ment, could desire a better sliield for the insidious advances, which it is 
 ever ready to make, upon the checks that are designed to restrain its ac- 
 tion. 
 
 But I do not entertain such gloomy apprehensions. — If it be the wish 
 of the people that the construction of roads and canals should be conduct- 
 ed by the federal government, it is not only highly expedient, but indis- 
 pensably necessary, that a previous amendment of the constitution, dele- 
 gating the necessary power, and defining and restricting its exercise with 
 reference to the sovereignty of the states, should be made. Without it, 
 nothing extensively useful can be effected. The right to exercise as 
 much jurisdiction as is necessary to preserve the works, and to raise funds 
 by the collection of tolls to keep them in repair, cannot be dispensed 
 with. The Cumberland road should be an instructive admonition of the 
 consequences of acting without this right. Year after year, contests are 
 witnessed, growing out of efforts, to obtain the necessary appropriations 
 for completing and repairing this useful work. Whilst one congress may 
 claim and exercise the power, a succeeding one may deny it, and this 
 fluctuation of opmion must be unavoidably fatal to any scheme, which, 
 from its extent, would promote the interests and elevate the character of 
 the country. The experience of the past has shown that the opinion of 
 congress is subject to such fluctuations. 
 
 If it be the desire of the people that the agency of the federal govern- 
 ment should be confined to the appropriation of money, in aid of such 
 undertakings, in virtue of state authorities, then the occasion, the manner, 
 and the extent of the appropriations, should be made the subject of con- 
 stitutional regulation. This is the more necessary, in order that they may 
 be equitable among the several states; promote harmony between differ- 
 ent sections of the union and their representatives; preserve other parts 
 of the constitution from being undermined by the exercise of doubtful 
 powers, or the too great extension of those whicli are not so; and protect 
 the whole subject against the deleterious influence of combinations to 
 carry, by concert, measures which, considered themselves, might meet 
 but little countenance. 
 
 That a constitutional adjustment of this power, upon equitable princi- 
 
36 [May, 
 
 pies, is, in the highest degree desirable, can scarcely be doubted; nor 
 can it fail to be promoted by every sincere friend to the success of our 
 political institutions. In no government are appeals to the source of 
 power, in cases of real doubt, more suitable than in ours. No good mo- 
 tive can be assigned for the exercise of poiver by the constituted autliorities, 
 wliilst those, for whose benefit it is to be exercised, have not conferred 
 it, and may not be wiHing to confer it. It would seem to me that an 
 honest application of the conceded powers of the general government to 
 the advancement of the common weal, presents a suflicient scope to sa- 
 tisfy a reasonable ambition. The difficulty and supposed impracticabi- 
 lity of obtaining an amendment of the constitution in this respect, is, I 
 firmly believe, in a great degree, unfounded. Time has never yei been, 
 when the patriotism and intelligence of the American people were not 
 fully equal to the greatest exigency, and it never will, when the subject 
 calling forth their interposition is plainly presented to them. To do so 
 with the questions involved in this bill, and to urge them to an early, 
 zealous, and full consideration of their deep importance, is, in my estima- 
 tion among the highest of our duties. 
 
 A supposed connexion between appropriations for internal improve- 
 ment and the system of protecting duties, growing out of the anxieties of 
 those more immediately interested in their success, has given rise to sug- 
 gestions which it is proper I should notice on this occasion. My opin- 
 ions on these subjects have never been concealed from those who had a 
 right to know them. Those which I have entertained on the latter have 
 frequently placed me in opposition to individuals as well as communities, 
 whose claims upon my friendship, and gratitude are of the strongest cha- 
 racter; but I trust there has been nothing in my public life which has ex- 
 posed me to the suspicion of being thought capable of sacrificing my 
 views of duty to private considerations, however strong they may have 
 been, or deep the regrets which they are capable of exciting. 
 
 As long as the encouragement of domestic manufactures is directed to 
 national ends, it shall receive from me a temperate but steady support. 
 There is no necessary connexion between it and the system of appropria- 
 tions. On the contrary, it appears to me that the supposition ot their de- 
 pendence upon each otiier, is calculated to excite the prejudices of the 
 public against both. The former is sustained on the grounds of its con- 
 sistency with the letter and spirit of the constitution, of its origin being 
 traced to the assent of all the parties to the original compact, and of its 
 having tlie support and approbation of a majority of the people; on which 
 account, it is at least entitled to a fair experiment. The suggestions to 
 wliich I have alluded refer to a forced continuance of the national debt, 
 by means of large appropriations, as a substitute for the security which 
 the system derives from the principles on which it has hitherto been sus- 
 tained. Such a course would certainly indicate either an unreasonable 
 distrust of the people, or a consciousness that the system does not possess 
 suihcicnt soundness for its support, if left to their voluntary choice, and 
 to its own merits. Those who suppose that any policy thus founded can 
 be long upheld in this country, have looked upon its history with eyes 
 very different from mine. This policy, like every other, must abide the 
 
1830.] gy 
 
 will of the people, who will not be likely to allow any device, however 
 specious, to conceal its character and tendency. 
 
 In presenting these opinions I have spoken with the freedom and can- 
 dor which I thought the occasion for their expression called for, and now 
 respectfully return the bill which has been under consideration for your 
 lurther deliberation and judgment. 
 
 ANDREW JACKSON. 
 
 May 27, 1830. 
 
MESSAGE TO CONGRESS. 
 
 COMMUNICATED 
 
 DECEMBER 7, 1830. 
 
MESSAGE TO CONGRESS 
 
 Cominuiiicated December 7, 1830. 
 
 Fellow citizens of the Senate 
 
 and of the House of Representatives: 
 
 The pleasure I have in congratulating you on your return to your con- 
 stitutional duties is much heightened by the satisfaction which the condi- 
 tion of our beloved country at this period justly inspires. The benefi- 
 cent Author of all good has granted to us, during the present year, health, 
 peace, and plenty, and numerous causes for joy in the wonderful success 
 which attends the progress of our free institutions. 
 
 With a population unparalleled in its increase, and possessing a charac- 
 ter which combines the hardihood of enterprise with the considerateness 
 of wisdom, we see in every section of our happy country a steady im- 
 provement in the means of social intercourse, and correspondent effects 
 upon the genius and laws of our extended republic. 
 
 The apparent exceptions to the harmony of the prospect are to be re- 
 ferred rather to the inevitable diversities in the various interests which enter 
 into the composition of so extensive a whole, than to any want of attach- 
 ment to the union — interests whose collisions serve only, in the end, to 
 foster the spirit of conciliation and patriotism, so essential to the preser- 
 vation of that union which, I most devoutly hope, is destined to prove 
 imperishable. 
 
 In the midst of these blessings, we have recently witnessed changes in 
 the condition of other nations, which may in their consequences, call for 
 the utmost vigilance, wisdom and unanimity, in our councils, and the ex- 
 ercise of all the moderation and patriotism of our people. 
 
 The important modifications, of their government, effected with so 
 much courage and wisdom by the people of France, afford a happy pre- 
 sage of their future course, and has naturally elicited from the kindred 
 feelings of this nation that spontaneous and universal burst of applause in 
 which you have participated. In congratulating you, my fellow citizens, 
 upon an event so auspicious to the dearest interests of mankind, I do no 
 more than respond to the voice of my country, without transcending, in 
 the slightest degree, that salutary maxim of the illustrious Washington, 
 which enjoins an abstinence from all interference with the internal affairs 
 of other nations. From a people exercising, in the most unlimited de- 
 
42 [December, 
 
 gree, the right of self-government, and enjoying, as derived from tliis 
 proud charncteristic under the favor of heaven, much of the happiness 
 with which they are blessed; a people wlio can point in triumph to their 
 free institutions, and challenge comparison with the fruits they bear, as 
 well as with the moderation, intelligence and energy, with which they 
 are administered; from such a people, the deepest sympathy was to be 
 expected in a struggle for the sacred principles of liberty, conducted, in 
 a spirit every way worthy of the cause, and crowned by an heroic mode- 
 ration which has disarmed revolution of its terrors. Notwithstanding 
 the strong assurances which the man whom we so sincerely love and 
 justly admire has given to the world of the high character of the present 
 king of the French, and which, if sustained to the end, will secure to him 
 the proud appellation of patriot king, it is not in his success, but in that 
 of the great principle which has borne him to the throne — the paramount 
 authority to the public will — that the American people rejoice. 
 
 I am happy to inform you that the anticipations which were indulged 
 at the date of my last communication on the subject of our foreign affairs, 
 have been fully realized in several important particulars. 
 
 An arrangement has been effected with Great Britain in relation to the 
 trade between the United States and her West India and North Ameri- 
 can colonies, which has settled a question that has for years afforded 
 matter for contention and almost uninterrupted discussion, and has been 
 the subject of no less than six negotiations, in a manner which promises 
 results highly favorable to the parties. 
 
 The abstract right of Great Britain to monopolize the trade with her 
 colonies, or to exclude us from a participation therein, has never been de- 
 nied by the U. States. But we have contended, and with reason, that if 
 at any time, Great Britain may desire the productions of this country as 
 necessary to her colonies, they must be received upon principles of just 
 reciprocity; and further, that it is making an invidious and unfriendly dis- 
 tinction to open her colonial ports to the vessels of other nations, and close 
 them against those of the United States. 
 
 Antecedently to 1794, a portion of our productions was admitted into 
 the colonial islands of Great Britain, by particular concession, limited to 
 the term of one year, but renewed from year to year. In the transporta- 
 tion of these productions, however, our vessels w^ere not allowed to en- 
 gage; this being a privilege reserved to British shipping, by which alone 
 our produce could be taken to the islands, and theirs brought to us in re- 
 turn. From Newfoundland and her continental possessions, all our pro- 
 ductions, as well as our vessels were excluded with occasional relaxa- 
 tions, by which in seasons of distress, the former were admitted in Bri- 
 tish bottoms. 
 
 By the treaty of 1794, she offered to concede to us, for a limited time, 
 the right of carrying to her West India possessions, in our vessels not ex- 
 ceeding seventy tons burthen, and upon the same terms as British vessels, 
 any productions of the United States which British vessels might import 
 therefrom. But this privilege was coupled with conditions which are 
 supposed to have led to its rejection by the Senate: that is, that Ameri- 
 can vessels should land their return cargoes in the United States only; 
 
1830.] 43 
 
 and moreover, that tljey sliould, during the continuance of the privilege, 
 be precluded from carryin.2f molasses, sugar, cocoa, or cotton, either from 
 those islands or from the United States, to any other part of the world. 
 Great Britain readily consented to expunge this article from the treaty; 
 and subsequent attempts to arrange the terms of the trade, either by trea- 
 ty stipulations or concerted legislation, having failed, it has been succes- 
 sively suspended and allowed, according to the varying^ egislation of the 
 parties. 
 
 The following are the prominent points, which have, in later years, 
 separated the two governments. Besides a restriction, whereby all im- 
 portations into her colonies in American vessels are confined to our own 
 products carried hence, a restriction to which it does not appear that we 
 have ever objected, a leading object on the part of Great Britain has 
 been to prevent us from becoming the carriers of British West India 
 commodities to any other country than our own. On the part of the 
 United States, it has been contended, 1st. That the subject should be re- 
 gulated by treaty stipulations, in preference to separate legislation; 2nd. 
 That our productions, when imported into the colonies in question, should 
 not be subject to higher duties than the productions of the mother coun- 
 try, or of her other colonial possessions; and, 3d. That our vessels should 
 be allowed to participate in the circuitous trade between the United 
 States and different parts of the British dominions. 
 
 The first point, after having been, for a long time, strenuously insisted 
 upon by Great Britain, was given up by the act of parliament of July, 
 1825, all vessels suffered to trade with the colonies being permitted to 
 clear from thence with any articles which British vessels might export; 
 and proceed to any part of the world. Great Britain and her dependen- 
 cies alone excepted. On our part, each of the above points had, in suc- 
 cession, been explicitly abandoned in negotiations preceding that of which 
 the result is now announced. 
 
 This arrangement secures to the United States every advantage asked 
 by them, and which the state of the negotiation allowed us to insist upon. 
 The trade will be placed upon a footing decidedly more favorable to this 
 country than any on which it ever stood; and our commerce and naviga- 
 tion will enjoy, in the colonial ports of Great Britain, every privilege 
 allowed to other nations. 
 
 That the prosperity of the country, so far as it depends on this trade, 
 will be greatly promoted by the new arrangement, there can be no doubt. 
 Independently of the more obvious advantages of an open and direct in- 
 tercourse, its establishment will be attended with other consequences of 
 a higher value. That which has been carried on since the mutual inter- 
 dict under all the expenses and inconvenience unavoidably incident to it, 
 would have been insupportably onerous had it not been in a great degree, 
 lightened by concerted evasions in the mode of making the tranship- 
 ments at what are called the neutral ports. These indirections are inconsis- 
 tent with the dignity of nations that have so many motives, not only to cher- 
 ish feelings of mutual friendship, but to maintain such relations as will sti- 
 mulate their respective citizens and subjects to efforts of direct, open and 
 
44 [December, 
 
 honorable competition only, will preserve them from the influence of se- 
 ductive and vitiating circumstances. 
 
 When your preliminary interposition was asked at the close of the last 
 session, a copy of the instructions under which Mr. McLane has acted, 
 together with the communications which had at that time passed between 
 him and the British government, was laid before you. Although there 
 has not been any thing in the acts of the two governments which re- 
 quires secrecy, it was thouglit most proper, in the then state of the nego- 
 tiation to make that communication a confidential one. So soon, howe- 
 ver, as the evidence of execution on the part of Great Britain, is received, 
 the whole matter shall be laid before you, when it will be seen that the 
 apprehension which appears to have suggested one of the provisions of 
 the act passed at your last session, that the restoration of the trade in 
 question might be connected with other subjects, and was sought to be 
 obtained at the sacrifice of the public interest in other particulars, was 
 wholly unfounded; and that the change which has taken place in the 
 views of the British government has been induced by considerations as ho- 
 norable to both parties, as, I trust, the result will prove beneficial. 
 
 This desirable result was, it will be seen, greatly promoted by the li- 
 beral and confiding provisions of the act of congress of the last session, 
 by which our ports were, upon the reception and annunciation by the 
 president, of the required assurance on the part of Great Britain, forth- 
 with opened to her vessels, before the arrangement could be carried into 
 effect on her part; pursuing, in this act of prospective legislation, a simi- 
 lar course to that adopted by Great Britain, in abolishing, by her act of 
 parliament, in 1825, a restriction then existing, and permitting our ves- 
 sels to clear from the colonies, on their return voyages, for any foreign 
 country whatever, before British vessels had been relieved from the re- 
 striction imposed by our law, of returning directly from the U. States to 
 the colonies — a restriction which she required and expected that we 
 should abolish. Upon each occasion, a limited and temporary advantage 
 has been given to the opposite party, but an advantage of no importance 
 in comparison with the restoration of mutual confidence and good feel- 
 ings, and the ultimate establishment of the trade upon fair principles. 
 
 It gives me unfeigned pleasure to assure you that this negotiation has 
 been, throughout, characterized by the most frank and friendly spirit on 
 the part of Great Britain, and concluded in a manner strongly indicative 
 of a sincere desire to cultivate tlie best relations with the United Stales. 
 To reciprocate this disposition to the fullest extent of my ability, is a 
 duty which 1 shall deem it a privilege to discharge. 
 
 Although the result is, itself, the best commentary on the services ren- 
 dered to ills country by our minister at the court of St. James, it would 
 be doing violence to my feelings were I to dismiss the subject without 
 expressing the very high sense I entertain of the talent and exertion which 
 have been displayed by him on the occasion. 
 
 The injury to the commerce of the United States resulting from the 
 exclusion of our vessels from the Black Sea, and the previous fooling of 
 mere suflerance upon which even the limited trade enjoyed by us with 
 Turkey has hitherto been placed, have, for a long time, been a source of 
 
1830.] 45 
 
 much solicitude to this government; and several endeavors have been 
 made to obtain a better state of things. Sensible of the importance of 
 the object, I felt it my duty to leave no proper means unemployed to ac- 
 quire for our flag the same privileges that are enjoyed by the principal 
 powers of Europe Commissioners were, consequently, appointed to 
 open a negotiation with the Sublime Porte. Not long after the member 
 of the commission wl)0 went directly from the United States had sailed, 
 the account of the treaty of Adrianople, by which one of the objects in 
 view was supposed to be secured, reached this country. The Black Sea 
 was understood to be opened to us. Under the supposition that this was 
 the case, the additional tacilitics to be derived from the establishment of 
 commercial regulations with the Porte, were deemed of sufficient impor- 
 tance to require a prosecution of the negotiation as originally contemplat- 
 ed. It w^as therefore persevered in, and resulted in a treaty, which will 
 be forthwith laid before the senate. 
 
 By its provisions, a free passage is secured, without limitation of time, 
 to the vessels of the United States, to and from the Black Sea, including 
 the navigation thereof; and our trade with Turkey is placed on the loot- 
 ing of the most favored nation. The latter is an arrangement wholly in- 
 dependent of the treaty of Adrianople; and the former derives much value, 
 not only from the increased security which, under any circumstaljbes, it 
 would give to the right in question, but t>om the fac-t, ascertained in the 
 course of the negotiation, that, by the construction put upon that treaty 
 by Turkey, the article relating to the passage of the Bosphorus is con- 
 fined to nations having treaties with the Porte. The most friendly feel- 
 ings appear to be entertained by the sultan, and an enlightened disposition 
 is evinced by him to foster the intercourse between the two countries by 
 the most liberal arrangements. This disposition it will be our duty and 
 interest to cherish. 
 
 Our relations with Russia are of the most stable character. Respect 
 for that empire, and confidence in its friendship towards the United 
 States, have been so long entertained on our part, and so carefully cher- 
 ished by the present emperor and his illustrious predecessor, as to have 
 become incorporated with the public sentiment of the United States. 
 No means will be left unemployed on my part to promote these salutary 
 feelings, and those improvements of which the commercial intercourse 
 between the two countries is susceptible, and which have derived increas- 
 ed importance from our treaty with the Sublime Porte. 
 
 1 smcerely regret to inform you that our minister lately commissioned 
 to that court, on whose distinguished talents and great experience in pub- 
 lic aflairs 1 place great reliance, has been compelled by extreme indispo- 
 sition, to exercise a privilege, which, in consideration of the extent to 
 which his constitution had been impaired in the public service, was com- 
 mitted to his discretion — of leaving temporarily his post for the advantage 
 of a more genial climate. 
 
 If, as it is to be hoped, the improvement of his health should be such 
 as to justify him in doing so, he will repair to St. Petersburg, and resume 
 the discharge of his official duties. I have received the most satisfacto- 
 6 
 
46 [December, 
 
 ry assurance that, in the mean time, the public interests in that quarter 
 will be preserved from prejudice, by the intercourse, which he will con* 
 tinue, through the secretary of legation, with the Russian cabinet. 
 
 You are apprised, although the fact has not yet been officially announc- 
 ed to the House of Representatives, that a treaty was, in the month of 
 March last, concluded between the United States and Denmark, by 
 which $630,000 are secured to our citizens as an indemnity for spolia- 
 tions upon their commerce in the years 1808. 1809, 1810, and 181 L 
 This treaty was sanctioned by the Senate at the close ol its last session, 
 and it now becomes the duty of congress to pass the necessary laws for 
 the organization of the board of commissioners to distribute the indem- 
 nity amongst the claimants. It is an agreeable circumstance of this ad- 
 justment, that its terms are in conformity with the previously ascertain- 
 ed views of the claimants themselves; thus removing all pretence for a 
 future agitation of the subject in any form. 
 
 The negotiations in regard to such points in our foreign relations as re- 
 mained to be adjusted, have been actively prosecuted during the recess. 
 Material advances have been made, which are of a character to promise 
 favorable results. Our country, by the blessing of God, is not in a situ- 
 ation to invite a2f2:ression; and it will be our fault if she ever becomes so. 
 
 Sin(>?rely desirous to cultivate the most liberal and friendly relations 
 with all; ever ready to fulfil our engagements with scrupulous fidelity, 
 limiting our demands upon others to mere justice; holding ourselves ever 
 ready to do unto them as we would wish to be done by, and avoiding even 
 the appearance of undue partiality to any nation, it appears to me impos- 
 sible that a simple and sincere application of our principles to our foreign 
 relations, can fail to place them ultimately upon tire looting on which it 
 is our wish they should rest. 
 
 Of the points reierred to, the most prominent are, our claims upon 
 France for spoliations upon our commerce; similar claims upon Spain, 
 together with embarrassments in the commercial intercourse between ihe 
 two countries which ought to be removed; the conclusion of the treaty 
 of commerce and navigation with Mexico, which has been so long in sus- 
 pense, as well as the final settlement of limits between ourselves and that 
 republic; and finally the arbitrament of the question between the United 
 States and Great Britain in regard to the northeastern boundary. 
 
 The negotiation with France has been conducted by our minister witb 
 zeal and ability, and in all respects to my entire satislaction. Although 
 the prospect of a favorable termination was occasionally dimmed by 
 counter-pretensions, to which the United States could not assent, he yet 
 had strong hopes of being able to arrive at a satisfactory settlement with 
 the late government. The negotiation has been renewed with the pre- 
 sent authorities; and sensible of the general and lively confidence of our- 
 citizens in the justice and magnanimity of regenerated France, I regret 
 the more not to have it in my power, yet, to announce the result so con- 
 fidently anticipated. No ground, however, inconsistent with, this- expec- 
 tation, has been taken; and I do not allow myself to doubt that j^ustice 
 will soon be done to us. The amount of the claims, the length ol. time 
 they have remained unsatisfied, and their incontrovertible justice, mak.o 
 
1830.] 47 
 
 an earnest prosecution of them by this government an urgent duty. The 
 illegality of the seizures and confiscations out of which they have arisen 
 is not disputed; and whatever distinctions may have heretofore been set 
 up in regard to the liability of the existing government, it is quite clear 
 that such considerations cannot now be interposed. 
 
 The commercial intercourse between the two countries is susceptible 
 of highly advantageous improvements; but the sense of this injury has 
 had, and must continue to have, a very unfavorable influence upon them. 
 From its satis'^actory adjustment, not only a firm and cordial friendship, 
 but a progressive developement of all their relations, may be expected. 
 It is, therefore, my earnest hope that this old and vexatious subject of 
 difference may be speedily removed. 
 
 I feel that my confidence in our appeal to the motives which should 
 govern a just and magnanimous nation, is alike warranted by the charac- 
 ter of the French people, and by the high voucher we possess for the en- 
 larged views and pure integrity of the monarch who now presides over 
 their councils; and nothing shall be wanting on my part to meet any ma- 
 nifestation of the spirit we anticipate in one of corresponding frankness 
 and liberality. 
 
 The subjects of difference with Spain have been brought to the view 
 of that government, by our minister there, with much force and propri- 
 ety; and the strongest assurances have been received of their early and 
 favorable consideration. 
 
 The steps which remained to place the matter in controversy between 
 Great Britain and the United States fairly before the arbitrator, have all 
 been taken in the same liberal and friendly spirit which characterized 
 those before announced. Recent events have doubtless served to delay 
 the decision, but our minister at the court of the distinguished arbitrator 
 has been assured that it will be made within the time contemplated by the 
 treaty. 
 
 I am particularly gratified in being able to state that a decidedly fa- 
 vorable, and, as I hope, lasting change has been effected in our relations 
 with the neighboring republic of Mexico. The unfortunate and unfound- 
 ed suspicions in regard to our disposition, which it became my painful 
 duty to advert to on a former occasion, have been, I believe, entirely re- 
 moved; and the government of Mexico has been made to understand the 
 real character of the wishes and views of this, in regard to that country. 
 The consequence is, the establishment of friendship and mutual confi- 
 dence. Such are the assurances which I have received, and I see no 
 cause to doubt their sincerity. 
 
 1 had reason to expect the conclusion of a commercial treaty with 
 Mexico, in season for communication on the present occasion. Circum- 
 stances which are not explained, but which, I am persuaded, are not 
 the result of an indisposition on her part to enter into it, have produced 
 the delay. 
 
 There was reason to fear, in the course of the last summer, 4hat the 
 harmony of our relations might be disturbed by the acts of certain 
 claimants, under Mexican grants, of territory which has hitherto been 
 under our jurisdiction. The co-operation of the representative of Mex- 
 
48 [December, 
 
 ico near this government was asked on the occasion, and was readily af- 
 forded. In«^tructions and advice have heen given to tlie governor of Ar- 
 kansas and the officers in command in tlie adjoining Mexican state, by 
 which, it is lioped, tlie quiet of that frontier will be preserved, until a 
 final setilement of the di\ idins: line shall have removed all irround for con- 
 troversy. 
 
 The exchange of ratifications of the treaty concluded last year with 
 Austria has not yet talven place. The delay has been occasioned by the 
 non-arrival of the ratification of that government within tlie time prescrib- 
 ed by the treaty. Renewed authority has been asked for by the repre- 
 sentative of Austria; and, in the mean time, the rapidly increasing trade 
 and navigation between the two countries have been placed upon the 
 most liberal footino: of our navi2:ation acts. 
 
 Several alleged depredations have been recently committed on our 
 commerce by the national vessels of Portugal. Tliey have been made 
 the subject of immediate remonstrance and reclamation. I am not yet 
 possessed of sufficient information to express a definitive opinion of their 
 character, but expect soon to receive it. No proper means shall be 
 omitted to obtain for our citizens all the redress to which they may ap- 
 pear to be entitled. 
 
 Almost at the mom.ent of the adjournment of your last session, two 
 bills, the one entitled, "an act for making appropiiations for building 
 light houses, light boats, beacons, and monuments, placing buoys, and for 
 improving harbors and directing surveys," and the other, "an act to au- 
 thorize a subscription for stock in the Louisville and Portland canal com- 
 pany," were submitted for my approval. It was not possible, within the 
 time allowed me, before the close of the session, to give these bills the 
 consideration which was due to their character and importance; and I 
 was compelled to retain them for that purpose. I now avail myself of 
 this early opportunity to return them to the houses in which they respec- 
 tively originated, with the reasons which, after mature deliberation com- 
 pel me to withhold my approval. 
 
 The practice of defraying out of the treasury of the United States the 
 expenses incurred by the establishment and support of light houses, bea- 
 cons, buoys, and public piers, within the bays, inlets, harbors, and ports 
 of the United States, to render the navigation thereof safe and easy, is 
 coeval with the adoption of the constitution, and has been continued with- 
 out interruption or dispute. 
 
 As our foreign commerce increased, and was extended into the inte- 
 rior of the country by the establishment of ports of entry and delivery 
 upon our navigable rivers, the sphere of those expenditures received a 
 corresponding enlargement. Light houses, beacons, buoys, ])ublic piers, 
 and the removal of sand bais, savvyeis, and other partial or temporary 
 impediments in the navigable rivers and harbors wiiich were embraced in 
 the revenue districts, from time to time, established by law, were author- 
 ized upon the same principle, and the expense delVayed in the same man- 
 ner. That these expenses have at times been extravagant and dispropor- 
 tionate, is very probable. 
 
 The circumstances under which they are incurred, are well calculated 
 
1830.] 49 
 
 to lead to such a result, unless their application is subjected to the closest 
 scrutiny. The local advantag^es arisini^ from the disbursement of public 
 money too frequently, it is to be feared, invite appropriations for objects 
 of this character that are neither necessary nor useful. The number of 
 light house keepers is already very large, and tiie bill before me proposes 
 to add to it fifty-one more, of various desci'iptions. From representa- 
 tions upon the subject which are understood to be entitled to respect, I 
 am induced to believe that there has not only been great improvidence in 
 the past expenditures of the government upon these objects, but that tlie 
 security of navigation has, in some instances, been diminished by the 
 multiplication of light houses and consequent change of lights, upon the 
 coast. 
 
 It is in this, as in other respects, our duty to avoid all unnecessary ex- 
 pense, as well as every increase of patronage not called for by the pub- 
 lic service. But, in the discharge of that duty in this particular, it must 
 not be forgotten that, in relation to our foreign commerce, the burden and 
 benefit of protecting and accommodating it necessarily go together, and 
 must do so as long as the public revenue is drawn from the people 
 tlirough the custom house. It is indisputable, that whatever gives facility 
 and security to navigation, cheapens imports; and all who consume them 
 are alike interested in whatever produces this effect. If they consume, 
 they ought, as they now do, to pay; otherwise, they do not pay. The 
 consumer in the most inland state derives the same advantage from everv 
 necessary and prudent expendituie for the facility and security of our for- 
 eign commerce and navigation, that he does who resides in a maritime 
 state. Local expenditures have not, of themselves, a correspondent ope- 
 ration. 
 
 From a bill making direct appropriations for such objects I should not 
 have withheld my assent. The one now returned does so in several par- 
 ticulars, but it also contains appropriation for surveys of a local charac- 
 ter, which I cannot approve. It gives me satisfaction to find that no se- 
 rious inconvenience has arisen from withholding my approval from this 
 bill; nor will it, I trust, be cause of regret, that an opportunity will be 
 thereby afforded for congress to review its provisions under circumstances 
 better calculated for full investigation than those under which it was 
 passed. 
 
 In speaking of direct appropriations, I mean not to include a practice 
 which has obtained to some extent, and to which 1 have, in one instance, 
 in a different capacity, given my assent — that of subscribing to the stock 
 of private associations. Positive experience, and a more thorough con- 
 sideration of the subject, have convinced me of the impiopriety as well 
 as inexpediency of such investments. All improvements effected by the 
 funds of the nation, for general use, should be open to the enjoyment of 
 all our fellow citizens, exempt from the payment of tolls, or any imposi- 
 tion of that character. The practice of thus mingling the concerns of the 
 government with those of the states or of individuals, is inconsistent with 
 the object of its institution, and highly impolitic. The successful opera- 
 tion of the federal system can only be preserved confining it to tne ftw 
 and simple, but yet important objects for which it w^as designed. 
 
50 [December, 
 
 A different practice, if allowed to progress, would ultimately change 
 the character of this government, by consolidating into one, the general 
 and state governments, wiiich were intended to be kept forever distinct. 
 I cannot perceive how bills authorizing subscriptions can be otherwise 
 regarded than as bills for revenue, and consequently subject to the rule 
 in that respect prescribed by the constitution. If the interest of the go- 
 vernment in private companies is subordinate to that of individuals, the 
 management and control of a portion of the public funds is delegated to 
 an authority unknown to the constitution, and beyond the supervision 
 of our constituents: if superior, its officers and agents will be constantly 
 exposed to imputations of favoritism and oppression. Direct prejudice 
 to the public interest, or an alienation of the affections and respect of 
 portions of the people, may, therefore, in addition to the general discre- 
 dit resulting to the government from embarking with its constituents in 
 pecuniary speculations, be looked for as the probable fruit of such asso- 
 ciations. It is no answer to this objection to say that the extent of con- 
 sequences like these cannot be great from a limited and small number of 
 investments: because experience in other matters teaches us, and we are 
 not at liberty to disregard its admonitions, that unless an entire stop be 
 put to them, it will soon be impossible to prevent their accumulation, un- 
 til they are spread over the wdiole country, and made to embrace many 
 of the private and appropriate concerns of individuals. 
 
 The power which the general government would acquire within the 
 several states by becoming the principal stockholder in corporations, con- 
 trolling every canal, and each sixty or hundred miles of every important 
 road, and giving a proportionate vote in all their elections, is almost in- 
 conceivable, and, in my view, dangerous to the liberties of the people. 
 
 This mode of aiding such works is, also, in its nature, deceptive, and 
 in many cases conducive to improvidence in the administration of the 
 national funds. Appropriations w^ill be obtained with much greater fa- 
 cility, and granted with less security to the public interest, when the 
 measure is thus disguised, than when definite and direct expenditures 
 of money are asked for. The interests of the nation would doubtless be 
 better served by avoiding all such indirect modes of aiding particular ob- 
 jects. In a government like ours, more especially, should all public acts 
 be, as far as practicable, simple, undisguised, and intelligible, that they 
 may become fit subjects for the approbation or animadversion of the peo- 
 ple. The bill authorizing a subscription to the Louisville and Portland 
 canal affords a striking illustration of the difficulty of withholding additional 
 appropriations for the same object, when the first erroneous step has been 
 taken by instituting a partnership between the government and private 
 companies. It proposes a third subscription on the part of the United 
 States, when each preceding one was at the time regarded as the extent 
 of the aid which government was to render to that work; and the accom- 
 panying bill for light houses, &c. contains an appropriation for a survey 
 of the bed of the river, with a view to its improvement, by removing the 
 obstruction which the canal is designed to avoid. This improvement, 
 if successful, would afford a free passage to the river, and render the ca- 
 nal entirely useless. To such improvidence is the course of legislation 
 
1830.] 51 
 
 subject, in relation to internal improvements on local matters, even with 
 the best intentions on the part of congress. 
 
 Although the motives wliich have influenced me in this matter may be 
 already sufficiently stated, I am, nevertheless, induced by its importance 
 to add a few observations of a general character. 
 
 In my objections to the bills authorizing subscriptions to the Maysville 
 and Rockville road companies, I expressed my views fully in regard to 
 the power of congress to construct roads and canals within a state, or to 
 appropriate money for improvements of a local character. I at the same 
 time, intimiated my belief that the right to make appropriations for such 
 as were of a national character had been so generally acted upon, and 
 so long acquiesced in by the federal and state governments, and the con- 
 stituents of each, as to justify its exercise on the ground of continued and 
 uninterrupted usage; but that it was, nevertheless, highly expedient that 
 appropriations, even of that character, should, with the exception made 
 at the time, he deferred until the national debt is paid; and that, in the 
 mean while, some general rule for the action of the government in that 
 respect ought to be established. 
 
 These suggestions wxre not necessary to the decision of the question 
 then before me; and were, I readily admit, intended to awaken the inten- 
 tion, and drawing forth the opinions and observations of our constituents,, 
 upon a subject of the highest importance to their interests, and one des- 
 tined to exert a powerful influence upon the future operations of our poli- 
 tical system. I know of no tribunal to which a public man in this country, 
 in a case of doubt and difficulty, can appeal with greater advantage or 
 more propriety, than the judgment of the people; and although I must ne- 
 cessarily, in the discharge of my official duties, be governed by the dic- 
 tates of my own judgment, I have no desire to conceal my anxious wdsh 
 to conform, as far as I can, to the views of those for whom I act. 
 
 All irregular expressions of public opinion are of necessity attended with 
 some doubt as to their accuracy; but, making full allowances on that ac- 
 count, I cannot, I think, deceive myself in believing that the acts referred 
 to, as well as the suggestions which I allowed myself to make in relation 
 to their bearing upon the future operations of the government, have been 
 approved by the great body of the people. That those whose immediate 
 pecuniary interests are to be affected by proposed expenditures, should 
 shrink from the application of a rule which prefers their more general and 
 remote interests to those which are personal and immediate, is to be ex- 
 pected. But even such objections must, from the nature of our popula- 
 tion, be but temporary in their duration; and if it were otherwise, our course 
 should be the same; for the time is yet, I hope, far distant, when those 
 entrusted with power to be exercised for the good of ihe whole, will 
 consider it either honest or wise to purchase local favour at the sacrifice, 
 of principle and the general good. 
 
 So understanding public sentiment, and thoroughly satisfied that the- 
 best interests of our common country imperiously require that the course- 
 which I have recommended in this regard should be adopted, 1 have upoca 
 the most mature consideration, determined to pursue it. 
 
 It is due to candour, as well as to my own feelings, that 1 should ex- 
 
52 [December, 
 
 press tlie reluctance and anxiety which I must at all times experience in 
 exercising llie undoubted ri;j:ht of the executive to withliold his assent 
 from bills on other gi-ounds than their uiiconstitutionnlily. That tliis right 
 shouhl not be exercised on slight occasions, all will admit. It is only in 
 matters of deep interest, when the principle involved may be justly re- 
 garded as next in importance to intVactions of" tlie constitution itsell, that 
 such a step can be expected to meet with the approbation of the people. 
 Such an occasion do I conscientiously believe the present to be. In the 
 discharge of this delicate and hig/ily responsible duty, I am sustained by 
 the reflection that the exercise of this powder has been deemed consistent 
 with the obligation of official duty by several of my predecessors; and 
 by the persuasion too, that, wdiatever liberal institutions may have to fear 
 from the encroachments of executive power, whi^h has been every where 
 the cause of so much strife and bloody contention, but little danger is to 
 be apprehended from a precedent by which that authority denies to itself 
 the exercise of powers that bring in their train, influence and patronage 
 of great extent; and thus excludes the operation of personal interests, 
 every where the bane of official trust. I derive, too, no small degree o{ sat- 
 isfaction from tlie reflection, tliat, if I have mistaken the interests and 
 wishes of the pt-opie, the constitution aflbrds the means of soon redressing 
 the error, by selecting for the place their favor has bestowed upon me, 
 a citizen whose opinions may accord wnth their ovvn. I trust, in the 
 mean time, the interests of the nation will be saved from prejudice, by a 
 rigid application of that poition of the public funds which might other- 
 wise be applied to diiierent objects to that highest of all our obligations, 
 the payment of the public debt, and an opportunity be at^brded Ibr the 
 adoption of some better rule for the operations of the government in this 
 matter than any which has hitherto been acted upon. 
 
 Profoundly impressed with the importance of the subject, not merely 
 as it relates to the general prosperity of the country, but to the safety of 
 the federal system, 1 cannot avoid repeating my earnest hope that all good 
 citizens, who take a proper interest in the success and harmony of our 
 adniirable political institutions, and who are incapable of desiring to con- 
 vert an opposite state of things into means for the gratification of personal 
 ambition — will, laying aside minor considerations, and discarding local 
 prejudices, unite their honest exertions to establish some fixed gen- 
 eral principle, which shall be calculated to etfect the greatest extent of 
 public good in regard to tlie subject of internal improvement, and aiford 
 the least ground for sectional discontent. 
 
 The general ground of my objection to local appropriations has been 
 heretofore expressed; and I shall endeavor to avoid a repetition of what 
 has been already urged — the importance of sustaining the state sove- 
 reignties, as far as is consistent widi the rightful action of the federal 
 government, and of })reserving the greatest attainable harmony between 
 them. I will now only add an expression of my conviction — a conviction 
 which every day's experience serves to confiim — that the political creed 
 which inculcates the pursuit of those great objects as a paramount duty- 
 is the true faith, and one to wliich we are mainly indebted for the present 
 
1830.] 53 
 
 success of the entire system, and to which we must alone look for its fu- 
 ture stability. 
 
 That there are diversities in the interests of the different states which 
 compose this extensive confederacy, must be admitted. Those divers- 
 ities, arising from situation, climate, population and pursuits, are doubt- 
 less, as it is natural they should be, greatly exaggerated by jealousies, and 
 that spirit of rivalry so inseparable from neighboring communities. These 
 circumstances make it the duty of those who are entrusted with the man- 
 agement of its affairs to neutralize their effects as far as practicable, by 
 making the beneficial operation of the federal government as equal and 
 equitable among the several states as can be done consistently with the 
 great ends of its institution. 
 
 It is only necessary to refer to undoubted facts, to see how far the 
 past acts of the government upon the subject under consideration have fallen 
 sbort of this object. The expenditures heretofore made for internal im- 
 provements amount to upwards of five millions of dollars, and have been 
 distributed in very unequal proportions amongst the states. The esti- 
 mated expense of works of which surveys have been made, together with 
 that of others projected and partially surveyed, amount to more than nine- 
 ty-six millions of dollars. 
 
 That such improvements, on account of particular circumstances, may 
 be more advantageously and beneficially made in some states than in 
 others, is doubtless true; but that they are of a character which should 
 prevent an equitable distribution of the funds amongst the several states, 
 is not to be conceded. The want of tliis equitable distribution cannot 
 fail to prove a prolifi.c source of irritation amongst the states. 
 
 We have it constantly before our eyes, that professions of superior 
 zeal in the cause of internal improvement, and a disposition to lavish the 
 public funds upon objects of that character, are daily and earnestlv put 
 forth by aspirants to power, as constituting the highest claims to the con- 
 fidence of the people. Would it be sfrange, under such circumstances, 
 and in times of great excitement, that grants of this description should 
 find their motives in objects which may not accord with the public good.? 
 Those who have not had occasion to see and regret the indication of a 
 sinister influence in these matters in past times, have been more fortunate 
 than myself in their observation of the course of public affairs. If to 
 these evils be added the combinations and angry contentions to which 
 such a course of things gives rise, with their baleful influences upon the 
 legislation of congress touching the leading and appropriate duties of the 
 federal government, it was but doing justice to the character of our peo- 
 ple to expect the severe condemnation of the past whicli the recent exhibi- 
 tion of public sentiment has evinced. 
 
 Nothing short of a radical change in the action of the government upon 
 the subject, can, in my opinion, remedy the evil. If, as it would be natu- 
 ral to expect, the states which have been least favored in past appropria- 
 tions should insist on being redressed in those hereafter to be made, at 
 the expense of the states which have so largely and disproportionately 
 participated, we have, as matters now stand, but little security that the 
 
54 [December, 
 
 attempt would do more than change the inequality from one quarter to 
 another. 
 
 Thus viewing- the subject, I have heretofore felt it my duty to recom- 
 mend the adoption of some plan for the distribution of the surplus funds 
 which may at any time remain in the treasury after the national debt shall 
 have been paid, among the states, in proportion to the number of their 
 representatives, to be applied by them to objects of internal improve- 
 ment. 
 
 Although this plan has met with favor in some portions of the union^ 
 it has also elicited objections which merit deliberate consideration. A 
 briefnoticeoflhese objections here will not, therefore, I trust, be regard- 
 ed as out of place. 
 
 They rest, as far as they have come to my knowledge, on the follow- 
 ing grounds: 1st, an objection to the ratio of distribution; 2d, an appre- 
 hension that the existence of such a regulation would produce improvident 
 and oppressive taxation to raise the funds for distribution; 3d, that the 
 mode proposed would lead to the construction of works of a local nature, 
 to the exclusion of such as are general, and as would consequently be of a 
 more useful character, and, last, that it would create a discreditable and 
 injurious dependence, on the part of the state governments, upon the fed- 
 eral power. Of those who object to the ratio of representation as the 
 basis of distribution, some insist that the importations of the respective 
 states would constitute one that would be more equitable; and others 
 again, that the extent of their respective territories would furnish a 
 standard which would be more expedient, and sufficiently equitable. 
 
 The ratio of representation presented itself to my mind, and it still 
 does, as one of obvious equity, because of its being the ratio of contribu- 
 tion, whether the funds to be distributed be derived from the customs or 
 from direct taxation. It does not follow, however, that its adoption is 
 indispensable to the establishment of the system proposed. There may 
 be considerations appertaining to the subject which would render a de- 
 parture, to some extent, from the rule of contribution, proper. Nor is it 
 absolutely necessary that the basis of distribution be confined to one 
 ground. It may, if, in the judgment of those whose right it is to fix 
 it, it be deemed politic and just to give it that character, have regard to 
 several. 
 
 In my first message, I stated it to be my opinion that ''it is not pro- 
 bable that any adjustment of the tariff upon principles satisfactory to 
 the people of the union will, until a remote period, if ever, leave the 
 government without a considerable surplus in the treasury, beyond what 
 may be required for its current service." I have had no cause to change 
 that opinion, but much to confirm it. Should these expectations be re- 
 alized, a suitable fund would thus be produced for (he plan under con- 
 sideration to operate upon; and if there be no such fund, its adoption will, 
 in my opinion, work no injury to any interest, for I cannot assent to the 
 justness of the apprehension that the establishment of the proposed system 
 would tend to the encouragement of improvident legislation of the char- 
 acter supposed. Whatever the proper authority, in the exercise of con- 
 
1830.] 55 
 
 stitufional power, shall, at any lime hereafter, decide to be for the gene- 
 ral good, will, in that as in other respects, deserve and receive the ac- 
 quiescence and support of the whole country; and we have ample security 
 that every abuse of power in that regard, by the agents of the people, 
 will receive a speedy and effectual corrective at their hands. The views 
 which I take of the' future, founded on the obvious and increasing im- 
 provement of all classes of our fellow citizens, in intelligence, and in 
 public and private virtue, leave me without much apprehension on that 
 head. 
 
 1 do not doubt that those who come after us, will be as much alive as 
 we are to the obligation upon all the trustees of political power to exempt 
 those for whom they act from all unnecessary burdens; and as sensible of 
 the great truth, that the resources of the nation, beyond those required 
 for the immediate and necessary purposes of government, can no where 
 be so well deposited as in the pockets of the people. 
 
 It may sometimes happen that the interests of particular states would 
 not be deemed to coincide with the general interest in relation to improve- 
 ment within such states. But, if the danger to be apprehended from this 
 source is sufficient to require it, a discretion might be reserved to con- 
 gress to direct, to such improvements of a general character as the states 
 concerned misht not be disposed to unite in, the application of the quotas 
 of those states^ under the restriction of confining to each state the expend- 
 iture of its appropriate quota. It may, however, be assumed as a safe 
 general rule, that such improvements as serve to increase the prosperity 
 of the respective states in which they are made, by giving new facilities 
 to trade, and thereby augmenting the wealth and comfort of their inhab- 
 itants, constitute the surest mode of conferring permanent and substantial 
 advantages upon the whole. The strength, as well as the true glory of 
 the confederacy, is mainly founded on the prosperity and power of the 
 several independent sovereignties of which it is composed, and the cer- 
 tainty with which they can be brought into successful active co-opera- 
 tion, through the agency ol the federal government. 
 
 It is, moreover, within the knowledge of such as are at all conversant 
 with public affairs, that schemes of internal improvement have, from time 
 to time, been proposed which, from their extent and seeming magnifi- 
 cence, were regarded as of national concernment, but which, upon fuller 
 consideration and further experience would now be rejected with great 
 
 unanimity. 
 
 That the plan under consideration would derive important advantages 
 from its certainty, and that the moneys set apart for these purposes would 
 be more judiciously applied and economically expended under the direc- 
 tion of the state legislatures, in which every part of each state is immedi- 
 ately represented, cannot, I think, be doubted. In the new states par- 
 ticularly, where a comparatively small population is scattered oyer an ex- 
 tensive surface, and the representation in congress consequently'very lim- 
 ited, it is natural to expect that the appropriations made by the federal 
 government, would be more likely to be expended in the vicinity of those 
 members through whose immediate agency they were obtained, than if 
 the funds were placed under the control of the legislature, i.i» which every 
 
56 [December, 
 
 county of the state has its own representative. This supposition does 
 not necessarily impugn the motives ot\such congressional representatives, 
 nor is it so intended. We are all sensible of the bias to which thestrong- 
 f^st minds and purest hearts are, under such circumstances, liable. In re- 
 spect to the last objection, its probable etfect upon the dignity and inde- 
 pendence of the state governments, it appears to me, only necessary to 
 state the case as it is, and as it would be if the measure proposed were 
 adopted, to show that the operation is most likely to be the very reverse 
 of that which the objection supposes. 
 
 In the one case, the state would receive its quota of the national reve- 
 nue for domestic use, upon a fixed principle, as a matter of right, and 
 from aiund to the creation of wliich it had itself contributed its fair pro- 
 portion. Surely there could be nothing derogatory in that. As matters 
 now stand, the states themselves, in their sovereign character, are notun- 
 frequently petitioners at the bar of the federal legislature for such al- 
 lowances out of the national treasury, as it may comport with their plea- 
 sure or sense of duty to bestow upon them. It cannot require argument 
 to prove which of the two courses is most compatible with the efficieDcy 
 or respectability of the state governments. 
 
 But all these are matters for discussion and dispassionate consideration. 
 That the desired adjustment would be attempted with difficulty, affords 
 no reason why it should not be attempted. The effective operation of 
 such motives would have prevented the adoption of the constitution under 
 which we have so long lived, and under the benign influence of which 
 our beloved country has so signally prospered. The framers of that sa- 
 cred instrument had greater difficulties to overcome, and they did over- 
 come them. The patriotism of the people, directed by a deep convic- 
 tion of the importance of the union, produced mutual concession and re- 
 ciprocal forbearance. Strict right was merged in a spirit of compro- 
 mise, and the resulthas consecrated their disinterested devotion to the gen- 
 eral weal. Unless the American people have degenerated, the same re- 
 sult can be again effected, whenever experience points out the necessity 
 of a resort to the same means to uphold the fabric which their fathers 
 have reared. 
 
 It is beyond the power of man to make a system of government like 
 ours, or any other, operate with preci&e equality upon states situated like 
 those which compose this confederacy; nor is inequality always injustice. 
 Every state cannot expect to shape the measures of the general govern- 
 ment to suit its own particular interests. The causes which prevent it 
 are seated in the nature of things, and cannot be entirely counteracted by 
 human means. ^Jutual forbearance, therefore, becomes a duty obligato- 
 ry upon all; and we may, I am confident, count on a cheerful compliance 
 with this high injunction, on the part of our constituents. It is not to be 
 supposed that they will object to make such comparatively inconsidera- 
 ble sacrifices for the preservation of lights and privileges, which other 
 less favored portions of ihe world have in vain waded through seas of 
 blood to acquire. 
 
 Our course is a safe one, if it be but faithfully adhered to. Acquiescence 
 in the constitutionally expressed will of the majority, and the exercise of 
 
1830.] ' 57 
 
 that will in a spirt of moderation, justice, and brotherly kindness, will 
 constitute a cement which would forever preserve our union. Those 
 who cherish and inculcate sentiments like these, render a most essential 
 service to their country, whilst those who seek to weaken tlieir influence, 
 are, however conscientious and praisewoi'thy their intentions, in eliect its 
 worst enemies. 
 
 If the intelhgence and influence of the country, instead of labouring to 
 foment sectional prejudices, to be made subservient to party warfare, 
 were in good faith, applied to the eradication of causes of local discon- 
 tent, by the improvement of our institutions, and by iacilitating their 
 adaptation in the condition of the times, this task would prove one of less 
 difficulty. May we not hope that the obvious interests of our 
 common country, and the dictates of an enlightened patriotism, will, in 
 the end, lead the public mind in that direction. 
 
 After all, the nature of the subject does not admit of a plan wholly free 
 from objection. That which has for some time been in operation is, per- 
 haps, the worst that could exist; and every advance that can be made 
 in its improvement is a matter eminently worthy of your most deliberate 
 attention. 
 
 It is very possible that one better calculated to effect the objects in view 
 may yet be devised. If so, it is to be hoped that those who disapprove 
 of the past, and dissent Irom what is proposed for the future, will feel it 
 their duty to direct their attention to it, as they must be sensible that, un- 
 less some fixed rule for the action of the federal government in this re- 
 spect is established, the course now attempted to be arrested will be 
 again resorted to. Any mode which is calculated to give the greatest 
 degree of effect and harmony to our legislation upon the subject — which 
 shall best serve to keep the movements of the federal government within 
 the sphere intended by those who modelled and those who adopted it — 
 which shall lead to the extinguishment of the national debt in the short- 
 est period, and impose the lightest burdens upon our constituents, shall 
 receive from me a cordial and firm support. 
 
 Among the objects of great national concern, I cannot omit to press 
 again upon your attention that part of the constitution which regulates 
 the election of president and vice-president. The necessity for its 
 amendment is made so clear to my mind by the observation of its evils, 
 and by the many able discussions which they have elicited on the floor 
 of congress and elsewhere, that 1 should be wanting to my duty were I 
 to withhold another expression of my deep solicitude upon the subject. 
 Our system, fortunately, contemplates a recurrence to first principles, 
 differing, in this respect, from all that have preceded it, and securing it, 
 I trust, equally against the decay and the commotions which have mark- 
 ed the progress of other governments. Our fellow citizens, too, who, 
 in proportion to their love of liberty, keep a steady eye upon the means 
 of sustaining it, do not require to be reminded of the duty they owe to 
 themselves to remedy all essential defects in so vital a part of their sys- 
 tem. While they are sensible that every evil attendant upon its opera- 
 tion is not, necessarily, indicative of a bad organization, but may proceed 
 from temporary causes, yet the habitual presence, or even a single instance 
 
58 [December. 
 
 of evils, which can he clearly traced to an organic defect, will not, I 
 trust, be overlooked throu2:h a too scrupulous veneration for the work of 
 their ancestors. The constitution was an experiment committed to the 
 virtue and intelligence of the great mass of our countrymen, in whose 
 ranks the framers of it themselves were to perform the part of patriotic 
 observation and scrutiny, and, if they have passed from the stage of ex- 
 istence with an increased confidence in its general adaptation to our con- 
 dition, we should learn from authority so high the duty of fortifying the 
 points in it, wliich time proves to be exposed, rather than be deterred 
 from approaching them by the suggestion of facts, or the dictates of 
 misplaced reverence. 
 
 A provision which does not secure to the people a direct choice of 
 their chief magistrate, but has a tendency to defeat their will, presented 
 to my mind such an in'^.onsistency with the general spirit of our institu- 
 tions, that 1 was induced to suggest for your consideration the substitute 
 which appeared to me, at the same time, the most likely to correct the 
 evil and to meet the views of our constituents. The most mature reflec- 
 tion since, has added strength to the belief, that the best interests of our 
 country require the speedy adoption of some plan calculated to effect this 
 end. A contingency which sometimes places it in the power of a single 
 member of the house of representatives to decide an election of so high 
 and solemn a character, is unjust to the people, and becomes, when it 
 occurs, a source of embarrassment to the individuals tiius brought into 
 power, and a cause of distrust of the representative body. Liable as the 
 confederacy is, from its great extent, to parties, founded upon sectional 
 interests, and to a corresponding multiplication of candidates for the 
 presidency, the tendency of the constitutional reference to the house of 
 representatives, is to devolve the election upon that body in almost every 
 instance, and, whatever choice may then be made among the candidates 
 thus presented to them, to swell the influence of particular interests to a 
 degree inconsistent with the general good. The consequences of this 
 feature of the constitution appear far more threatening to the peace and 
 integrity of the union than any which I can conceive as likely to result 
 from the simple legislative action of the federal government. 
 
 It was a leading object with the framers of the constitution to keep as 
 separate as possible the action of the legislative and executive branches 
 of the government. To secure this object, nothing is more essential than 
 to preserve the former from the temptations of private interest, and, there- 
 fore, so to direct the patronage of the latter as not to permit such temp- 
 tations to be offered. Experience abundantly demonstrates that every 
 precaution in this respect is a valuable safeguard of liberty, and one 
 which my reflections upon the tendencies of our system incline me to 
 think should be made still stronger. It was for this reason that, in con- 
 nexion with an amendment of the constitution^ removing all intermediate 
 agency in the choice of the president, I recommend some restrictions 
 upon the re-eligibility of that officer, and upon the tenure of offices gen- 
 erally. The reason still exists; and I renew the recommendation, ivith 
 an increased confidence that its adoption will strengthen those checks by 
 which the constitution designed to secure the independence of each de- 
 
1830.] 59 
 
 partment of the government, and promote the healthful and equitable ad- 
 ministration of all the trusts which it has created. The agent most likely 
 to contravene this design of the constitution is the chief magistrate. In 
 order, particularly, that his appointtnent may, as far as possible, be placed, 
 beyond the reach of any improper influences; in order that he may ap- 
 proach the solemn responsibilities of the highest office in the gift of a 
 free people, uncommitted to any other course than tlie strict line of con- 
 stitutional duty, and that the securities for this independence may be ren- 
 dered as strong as the nature of power, and the weakness of its posses- 
 sor, will admit, I cannot too earnestly invite your attention to the propri- 
 ety of promoting such amendment of the constitution as will render him 
 ineligible after one term of service. 
 
 It gives me pleasure to announce to congress that the benevolent pol- 
 icy of the government, steadily pursued for nearly thirty years, in rela- 
 tion to the removal of the Indians beyond the white settlements, is ap- 
 proaching to a happy consummation. Two important tribes have accept- 
 ed the provision made for their removal at the last session of congress; 
 and it is believed that their example will induce the remaining tribes, also 
 to seek the same obvious advantages. 
 
 The consequences of a speedy removal will be important to the Uni- 
 ted States, to individual states, and to the Indians themselves. The pecu- 
 niary advantages which it promises to the government are the least of its 
 recommendations. It puts an end to all possible danger of collision be- 
 tween the authorities of the general and state governments, on account of 
 the Indians. It will place a dense and civilized population in large tracts 
 of country now occupied by a faw savage hunters. By opening the 
 whole territory between Tennessee on the north, and Louisiana on the 
 south, to the settlement of the whites, it will incalculably strengthen the 
 southwestern frontier, and render the adjacent states strong enough to re- 
 pel future invasion without remote aid. It will relieve the whole state of 
 Mississippi, and the western part of Alabama, of Indian occupancy, and 
 enable those states to advance rapidly in population, wealth, and power. 
 It will separate the Indians from immediate contact with settlements of 
 whites; free them from the power of the states; enable them to pursue 
 happiness in their own way, and under their own rude institutions; 
 will retard the progress of decay, which is lessening their numbers; and 
 perhaps cause them gradually, under the protection of the government, 
 and through the influence of good counsels, to cast off their savage habits, 
 and become an interesting, civilized and christian community. These 
 consequences, some of them so certain, and the rest so probable, make 
 the complete execution of the plan sanctioned by congress at their last 
 session an object of much solicitude. 
 
 Towards the aborigines of the country no one can indulge a more 
 friendly feeling than myself, or would go further in attempting to reclaim 
 them from their wandering habits, and make them a happy and prosper- 
 ous people. I have endeavored to impress upon them my own solemn 
 convictions of the duties and powers of the general government in rela- 
 tion to the state authorities. For the justice of the laws passed by the states 
 within the scope of their reserved powers, they are not responsible to this 
 
60 [December, 
 
 government. As individuals, we may entertain and express our opinions 
 of their acts; bu!, as a government, we have as little right to control them 
 as we have to prescribe laws to foreign nations 
 
 With a full understanding of the subject, the Choctaw and Chickasaw 
 tribes, have, with great unanimity, determined to avail themselves of the 
 liberal offers presented by the act of congress, and have agreed to re- 
 move beyond the Mississippi river. Treaties have been made with them, 
 which, in due season, will be submitted for consideration. In negotia- 
 ting these treaties, they were made to understand their true condition; 
 and they have preferred maintaining their independence in the western for- 
 ests to submitting to the laws of the states in which they now reside. 
 These treaties, being probably the last which will ever be made with 
 them, are characterized by great liberality on the part of the govern- 
 ment. They give the Indians a liberal sum in consideration of their re- 
 moval, and comfortable subsistence on their arrival at their new homes. 
 If it be their real interest to maintain a separate existence, they will there be 
 at liberty to do so without the inconveniences and vexations to which 
 they would unavoidably have been subject in Alabama and Mississippi. 
 
 Humanity has often wept over the fate of the aborigines of this coun- 
 try; and philanthropy has been long busily employed in devising means 
 to avert it. But its progress has never for a-nioment been arrested; and 
 one by one have many powerful tribes disappeared from the earth. To 
 follow to the tomb the last of his race, and to tread on the graves of ex- 
 tinct nations, excites melancholy reflections. But true pliilanthropy rec- 
 onciles the mind to these vicissitudes, as it does to the extinction of one 
 generation to make room for another. In the monuments and fortresses 
 of an unknown people, spread over the extensive regions of the west, we 
 behold the meniorials of a once powerful race, which was exterminated, 
 or has disappeared, to make room for the existing savage tribes. Nor 
 is there any thing in this, which, upon a comprehensive view oi the gen- 
 eral interests of the human race, is to be regretted. Philanthropy could 
 not wish to see this continent restored to the condition in which it was 
 found by our forefathers. What good man would prefer a country cov- 
 ered with forests, and ranged by a few thousand savages, to our exten- 
 sive republic, studded with cities, towns, and prosperous farms, embel- 
 lished with all the improvements which art can devise, or industry exe- 
 cute; occupied by more than twelve millions of happy people and filled 
 witli all the blessings of liberty, civilization, and leligion! 
 
 The present policy of the government is but a continuation of the same 
 progressive change, by a milder process. The tribes which occu[)ied 
 the countries now constituting the eastern states were annihilated, or have 
 melted away to make room for the whites. The waves of population 
 and civilization are rolling to the westwaid; and we now propose to ac- 
 quire the countries occupied by the red men of the south and west, by a 
 fair exchange; and at the expense of the United States, to send them to a 
 land where their existence may be prolonged, and perhaps made perpetual. 
 Doubtless it will be jjainful to leave the graves of their fathers; but what 
 do they more than our ancestors did, or than our children are now doing. 
 To better their condition in an unknown land, our forefathers left all that 
 
1830.] 61 
 
 was dear in canhly objects. Our children, by thousands, yearly leave 
 the land of their birth, to seek new homes in distant regions. Does hu- 
 manity weep at these painful separations, from every thing- animate and 
 inanimate, with which the young- heart has become entwined? Far from 
 it. It is rather a source of joy tliat our country affords scope where our 
 young population may range unconstrained in body or in mind, develop- 
 ing the power and faculties of man in their highest perfection. These 
 remove hundreds and almost thousands of miles, at their own expense, 
 purchase the lands they occupy, and support themselves at their new 
 home from the moment of their arrival. Can it be cruel in this govern- 
 ment, when, by events which it cannot control, the Indian is made discon- 
 tented in his ancient home, to purchase his lands, to give him a new and 
 extensive territory, to pay the expense of his removal, and support him a 
 year in his new abode.'' How many tliousands of our own people would 
 gladly embrace the opportunity of removing to the west on such condi- 
 tions! If the offers made to the Indians were extended to them, they 
 would be hailed with gratitude and joy. 
 
 And is it supposed that the wandering savage has a stronger attachment 
 to his home, than the settled, civilized christian.? Is it more afflicting to 
 leave the graves of his fathers, than it is to our brothers and children.? 
 Rightly considered the policy of the general government towards the red 
 man is not only liberal but generous. He is unwilling to submit to the 
 laws of the states, and mingle with tlieir population. To save him from 
 this alternative, or perhaps utter annihilation, the general government 
 kindly offers him a new home, and proposes to pay the whole expense of 
 his removal and settlement. 
 
 In the consummation of a policy originating at an early period, and 
 steadily pursued by every administration within the present century — so 
 just to the states, and so generous to the Indians, the executive feels it 
 has a right to expect the co-operation of congress, and of all good and 
 disinterested men. The states, moreover, have a right to demand it. It 
 was substantially a part of the compact which made them members of 
 our confederacy. VVith Georgia there is an express contract; with the 
 new states, an implied one, of equal obligation. Why, in authorizing 
 Ohio, Indiana, Illinois, Missouri, Mississippi, and Alabama, to form con- 
 stitutions, and become separate states, did congress include within their 
 limits extensive tracts of Indian lands, and, in some instances, powerful 
 Indian tribes.? Was it not understood by both parties that the power of 
 the states was to be co-extensive with their limits, and that, with all con- 
 venient despatch, the general governi'r>ent siiould extinguish the Indian ti- 
 tle, and remove every obstruction to the complete jurisdiction of the state 
 governments over the soil.? Probably not one of those states would have 
 accepted a separate existence — certainly it would never have been grant- 
 ed by congress — had it been understood that they were to be confined 
 forever to those small portions of their nominal territory, the Indian title 
 to which had at the time been extinguished. 
 
 It is, therefore, a duty which this government owes to the new states, 
 to extinguish, as soon as possible, the Indian title to all lands which con- 
 8 
 
62 [December, 
 
 gress themselves have included within their limits. When this is done, 
 the duties of the general government in relation to the states and Indians 
 within their limits are at an end. The Indians may leave the state or not, 
 as they choose. The purchase of their lands does not alter in the least, 
 their personal relations with the state government. No act of the gene- 
 ral government has ever been deemed necessary to give the states juris- 
 diction over the persons of the Indians. That they possess, by virtue of 
 their sovereign power within their own limits, in as full a manner before 
 as after the purchase of the Indian lands; nor can this government add to 
 or diminish it. 
 
 May we not hope, therefore, that all good citizens, and none more 
 zealously than those who think the Indians oppressed by subjection to the 
 laws of the states, will unite in attempting to open the eyes of those 
 children of the forest to their true condition, and, by a speedy removal, 
 to relieve them from the evils, real or imaginary, present or prospective, 
 with which they may be supposed to be threatened. 
 
 Among the numerous causes of congratulation, the condition of our 
 impost revenue deserves special mention, inasmuch as it promises the 
 means of extinguishing the public debt sooner than was anticipated, and 
 furnishes a strong illustration of the practical effects of the present tariff 
 upon our commercial interests. 
 
 The object of the tariff is objected to by some as unconstitutional; 
 and it is considered by almost all as defective in many ot its parts. 
 
 The power to impose duties on imports originally belonged to the sev- 
 eral states. The right to adjust those duties with a view to the encour- 
 agment of domestic branches of industry is so completely incidental to 
 that power, that it is difficult to suppose the existence of the one with- 
 out the other. The states have delegated their whole authority over im- 
 ports to the general government, without limitation or restriction, saving 
 the very inconsiderable reservation relating to their inspection laws. 
 This authority having thus entirely passed from the states, the right to 
 exercise it for the purpose of protection does not exist in them; and, con- 
 sequently, if it be not possessed by the general government, it must be 
 extinct. Our political system would thus present the anomaly of a peo- 
 ple stripped of the right to foster their own industry ,'ard to counteract 
 the most selfish and destructive policy which might be adopted by foreign 
 rations. This surely cannot be the case: this indispensable power, thus 
 surrendered by the states, must be within the scope of the authority on 
 the subject expressly delegated to congress. 
 
 In this conclusion, I am confirmed as well by the opinions of presidents 
 Washington, Jefferson, Madison, and Monroe, who have each repeatedly 
 recommended the exercise of this right under the constitution, as by the 
 uniform practice of congress, the continued acquiescence of the states, and 
 the general understanding of the people. 
 
 The difficulties of a more expedient adjustment of the present tariff, 
 although great, are far from being insurmountable. Some are unwilling 
 to improve any of its parts, because ihey would destroy the whole: others 
 fear to touch the objectionable parts, lest those they approve should be 
 jeopardized. I am persuaded that the advocates of these conflicting 
 
1830.] 63 
 
 views do injustice to the American people, and to their representatives. 
 The general interest is the interest of each: and my confidence is entire, 
 that, to ensure the adoption of such modifications of the tariff as thegen- 
 eral interest requires, it is only necessary that that interest should be un- 
 derstood. 
 
 It is an infirmity of our nature to mingle our interests and prejudices 
 with the operation of our reasoning powers, and attribute to the objects 
 of our likes and dislikes, qualities they do not possess, and effects they can- 
 not produce. The effects of the present tariff are doubtless overrated, both 
 in its evils and in its advantages. By one class of reasoners, the reduced 
 price of cotton and other agricultural products is ascribed wholly to its in- 
 fluence, and by another, the reduced price of manufactured articles. The 
 probabiHty is, that neither opinion approaches the truth, and that both 
 are induced by that influence of interests and prejudices to which I have 
 referred. The decrease of prices extends throughout tlie commercial 
 world, embracing not only the raw material and tlie manufactured arti- 
 cle, but provisions and lands. The cause must, therefore, be deeper and 
 more pervading than the tariff of the United States. It may, in a mea- 
 sure, be attributable to the increased value of the precious metals, pro- 
 duced by a diminution of the supply, and an increase in the demand; 
 while commerce has rapidly extended itself, and population has 
 augmented. The supply of gold and silver, the general medium of ex- 
 change, has been greatly interrupted by civil convulsions in the countries 
 from which they are {)rincipally drawn. A part of the effect, too, is 
 doubtless owing to an increase of operatives and improvements in ma- 
 chinery. But, on the whole, it is questionable whether the reduction in 
 the price of lands, produce, and manufactures, has been greater than the 
 appreciation of the standard of value. 
 
 While the chief object of duties should be revenue, they may be so 
 adjusted as to encourage manufactures. In this adjustment, however, it 
 is the duty of the government to be guided by the general good. Objects 
 of national importance, alone, ought to be protected; of these, the 
 productions of our soil, our mines, and our workshops, essential to 
 national defence, occupy the first rank. Whatever other species of 
 domestic industry, having the importance to which I have referred, may 
 be expected, after temporary protection, to compete with foreign labor 
 on equal terms, merit the same attention in a subordinate degree. 
 
 The present tariff taxes some of the comforts of life unnecessarily 
 high: it undertakes to protect interests too local and minute, to justify a 
 general exaction; and it also attem[)is to force some kinds of manufactures 
 for which the country is not ripe. — Much relief will be derived, in some 
 of these respects, from the measures of your last session. 
 
 The best, as well as fairest mode of determining whether, from any 
 just considerations, a particular interest ought to receive protection, 
 would be to submit the question singly for deliberation. If, after due 
 examination of its merits, unconnected with extraneous considerations — 
 such as a desire to sustain a general system, or to purchase support for 
 a different interest — it should enlist in its favour a majority of therepre- 
 
64 [December, 
 
 sentatives of the people, there can be little danger of v^-rong or injury in 
 adjusting the tariff with reference to its protective eflect. If this ob- 
 viously just principle were honestly adhered to, the branches of industry 
 which deserve protection, would be saved from the prejudice excited 
 against them, when that protection forms part of a system by which 
 portions of the country feel, or conceive themselves to be oppressed. 
 What is incalculably more important, the vital principle of our system — 
 that principle which requires acquiescence in the will of the majority — - 
 would be secure from the discredit and danger to which it is exposed by 
 the acts of majorities, founded, not on identity of conviction, but on com- 
 binations of small minorities, entered into for the purpose of mutual as- 
 sistance in measures which, resting solely on their own merits, could 
 never be carried. 
 
 I am well aware, that this is a subject of so much delicacy, on account 
 of the extended interests it involves, as to require that it should be touched 
 wuth the utmost caution; and that, while an abandonment oi the policy in 
 which it originated — a policy coeval with our government, and pursued 
 through successive administrations, is neither to be expected or desired, 
 the people have a right to demand, and have demanded, that it be so 
 modified as to correct abuses, and obviate injustice. 
 
 That our deliberations on this interesting subject should be uninfluenced 
 by those, partizan conflicts that are incident to free institutions, is the 
 fervent wish of my heart. To make this great question, which unhappily 
 so much divides and excites the public mind subservient to the short- 
 sighted views of faction, must destroy all hope of settling it satisfactorily 
 to the great body of the people, and for the general interest. I cannot 
 therefore, on taking leave of the subject, too earnestly for my own feel- 
 ings or the common good, w^arn you against the blighting consequences 
 of such a course. 
 
 According to the estimates at the treasury department the receipts in 
 the treasury during the present year will amount to twenty-four millions 
 one hundred and sixty-one thousand and eighteen dollars, which will 
 exceed by about three hundred thousand dollars the estimate presented 
 in the last annual report of tlie secretary of the treasury. — Tlie total ex- 
 penditure during the year, exclusive of public debt, is estimated at thir- 
 teen millions seven hundred and forty-two thousand three hundred and 
 eleven dollars; and the payment on account of public debt for tlie same 
 period will have been eleven millions three hundred and fifty-four thou- 
 sand six hundred and thirty dollars; leaving a balance in the treasury, on 
 the first of January, 1831, of four millions eight hundred and nineteen 
 thousand seven hundred and eighty-one dollars. 
 
 In connexion with the condition of our finances, it aflbrds me pleasure 
 to remark that judicious and efficient arrangements liave been made by 
 the treasury department lor securing the })ecuniary responsibility of the 
 public officers, and the more punctual payment of the public dues. The 
 revenue cutter service has been organized, and placed on a good footing; 
 and, aided by an increase of ins[)ectors at exposed points, and the regula- 
 tions adopted under the act of May, 1830, for the inspection and ap- 
 praisement of merchandise, have produced much improvement in the 
 
1830.] 65 
 
 execution of the laws, and more security against the commission of frauds 
 upon the revenue. Abuses in the allowances for fishini^ bounties have 
 also been corrected, and a material saving in that branch of the service, 
 thereby effected. In addition to these improvements, the system of ex- 
 penditure for sick seamen belonging to the merchant service has been 
 revised; and by being rendered uniform and economical, the benefits of 
 the fund applicable to this ubject have been usefully extended. 
 
 The prosperity of our country is also further evinced by the increased 
 revenue arising from the sale of public lands, as will appear from the 
 report of the commissoner of the general land office and the documents 
 accompanying it, which are herewith transmitted. I beg leave to draw 
 your attention to this report, and to the propriety of making early ap- 
 propriations for the objects which it specifies. 
 
 Your attention is again invited to the subjects connected with that por- 
 tion of the public interests entrusted to the war department. Some of 
 them were referred to in my former message; and they are presented in 
 detail in the report of the secretary of war, herewith submitted. I re- 
 fer you, also to the report of that officer for a knowledge of the state of 
 the army, fortifications, arsenals, and Indian affairs; all of wdiich, it will 
 be perceived, have been guarded with zealous attention and care. 
 
 It is worthy of your consideration whether the armaments necessary 
 for the fortifications on our maritime frontier, which are now, or shortly 
 will be, completed, should not be in readiness sooner than customary ap- 
 priations will enable the department to provide them. This precaution 
 seems to be due to the general system of fortification which has been 
 sanctioned by congress, and is recommended by that maxim of wisdom 
 which tells us in peace to prepare for war. 
 
 I refer you to the report of the secretary of the navy for a highly 
 satisfactory account of the manner in which the concerns of that depart- 
 ment have been conducted during the present year. Our position in 
 relation to the most powerful nations of the earth, and the present con- 
 dition of Europe, admonish us to cherish this arm of our national defence 
 with peculiar care. Separated by w^ide seas from all those governments 
 whose power we might have reason to dread, we have nothing to appre- 
 hend from attempts at conquest. It is chiefly attacks upon our com- 
 merce, and harassing inroads upon our coast, against which we have to 
 guard. A naval force adequate to the protection of our commerce, al- 
 ways afloat, with an accumulation of the means to give it a rapid exten- 
 sion in case of need, furnishes the power by which all such aggressions 
 may be prevented or repelled. The attention of the government has, 
 therefore, been recently directed more to preserving the public vessels 
 already built, and providing materials to be placed in depot for future 
 use, than to increasing their number. With the aid of congress, in a few 
 years, the government will be prepared, in case of emergency, to put 
 afloat a powerful navy of new ships almost as soon as old ones could be 
 repaired. 
 
 The modifications in this part of the service suggested in my last an- 
 nual message, which are noticed more in detail in the report of the secre- 
 tary of the navy, are again recommended to your serious attention. 
 
66 [December, 
 
 The report of the postmaster general, in like manner, exhibits a satis- 
 factory view of the important branch of the government under his 
 charge. — In addition to the benefits already secured by the operations of 
 the post office department, considerable improvements, within the present 
 year, have been made, by an increase in the accommodation afforded by 
 stage coaches, and in the frequency and celerity of the mail between 
 some of the most important points of the union. 
 
 Under the late contracts, improvements have been provided for the 
 southern section of the country, and, at the same time, an annual saving 
 made of upwards of seventy two thousand dollars. Notwithstanding the 
 excess of expenditure beyond the current receipts for a few years past, 
 necessarily incurred in the fulfilment of existing contracts, and in the ad- 
 ditional expenses, between tlie periods of contracting, to meet the de- 
 mands created by the rapid growth and extension of our flourishing coun- 
 try, yet the satisfactory assurance is given, that the future revenue of the 
 department will be sufficient to meet its extensive engagements. The 
 system recently introduced, that subjects its receipts and disburements to 
 strict regulation, has entirely fulfilled its design. It gives full assurance 
 of the punctual transmission, as well as the security, of the funds of the 
 department. The efficiency and industry of its officers, and the ability 
 and energy of contractors, justify an increased confidence in its continued 
 prosperity. 
 
 The attention of congress was called, on a former occasion, to the ne- 
 cessity of such a modification of the office of attorney general of the Unit- 
 ed States as would render it more adequate to the wants of the public 
 service. This resulted in the establishment of the office of solicitor of 
 the treasury, and the earliest measures were taken to give effect to the 
 provisions of the law which authorized the appointment of that officer, 
 and defined his duties. But it is not believed that this provision, however 
 useful in itself, is calculated to supersede the necessity of extending the' 
 duties and powers of the attorney general's office. On the contrary, I 
 am convinced that the public interest would be greatly promoted by giv- 
 ing to that officer the general superintendence of the various law agents 
 of the government, and of all law proceedings, whether civil or criminal, 
 in which the United States may be interested; allowing to him, at the 
 same time, such a compensation as ^vould enable him to devote his undi- 
 vided attention to the public business. I think such a provision is alike 
 due to the public and to the officer. 
 
 Occasions of refereiice from the different executive departments to the 
 attorney general are of frequent occurrence; and the prompt decision of 
 the questions so referred, tends much to facilitate the despatch of busi- 
 ness in those departments. The report of the secretary of tlie treasury, 
 hereto appended, shows also a branch of the public service not specific- 
 ally entrusted to any officer, which mii^ht be advantageously committed 
 to the attorney general. 
 
 But, independently of those considerations this office is now one of 
 daily duty. It was originally organized, and its compensation fixed, 
 with a view to occasional service; leaving to the incumbent time for the 
 exercise of his profession in private practice. The state of things which 
 
1830.] 67 
 
 warranted such an organization no longer exists. The frequent claims 
 upon the services of this officer would render his absence from the seat 
 of government, in professional attendance upon the courts, injurious to the 
 public service; and the interests of the government could not fail to be 
 promoted by charging him with the general superintendence of all its le- 
 gal concerns. 
 
 Under a strong conviction of the justness of these suggestions, I re- 
 commend it to congress, to make the necessary provisions for giving ef- 
 fect to them, and to place the attorney general, in regard to compensa- 
 tion, on the same footing with the heads of the seveial executive depart- 
 ments. To this officer might also be intrusted a cognizance of the cases 
 of insolvency in public debtors, especially if the views which I submit- 
 ted on this subject last year should meet the approbation of congress— to 
 which I again solicit your attention. 
 
 Your attention is respectfully invited to the situation of the District of 
 Columbia. Placed, by the constitution, under the exclusive jurisdiction 
 and control of congress, this district is certainly entitled to a much greater 
 share of its consideration than it has yet received. There is a want of 
 uniformity in its laws, particularly in those of a penal character, which 
 increases the expense of their administration, and subject the people to all 
 the inconveniences which result from the operation of different codes in 
 so small a territory. On different sides of the Potomac, the same offence 
 is punishable in unequal degrees; and the peculiarities of many of the ear- 
 ly laws of Maryland and Virginia remain in force, notwithstanding their 
 repugnance, in some cases, to the improvements which have superseded 
 them in those states. 
 
 Besides a remedy for these evils, which is loudly called for, it is re- 
 spectfully submitted whether a provision authorizing the election of a del- 
 egate to represent the wants of the citizens of this district on the floor of 
 congress is not due to them, and to the character of our government. 
 No°portion of our citizens should be without a practical enjoyment of 
 the principles of freedom; and there is none more important than that 
 which cultivates a proper relation between the governors and the gov- 
 erned. Imperfect as this must be in this case, yet it is believed that it 
 would be greatly improved by a representation in congress, with the 
 same privileges that are allowed to that of the other territories of the 
 
 United States. . 
 
 The penitentiary is ready for the reception of convicts, and only 
 awaits the necessary legislation to put it into operation; as one object 
 of which I beg leave to recall to your attention the propriety of provid- 
 ing suitable compensation for the officers charged with its inspection. 
 
 The importance of the principles involved in the inquiry, whether it 
 will be proper to re-charter the bank of the United States, requires that 
 I should again call the attention of congress to the subject. Nothing has 
 occurred to lessen, in any degree, the dangers which many of our citi- 
 zens apprehend from that institution, as at present organized. In the spir- 
 it of improvement and compromise which distinguishes our country and 
 its institutions, it becomes us to inquire whether it be not possible to se- 
 cure the advantages afforded by the present bank through the agency of 
 
68 , [December, 
 
 a bank of the United Slates so moditied in its principles and structure as 
 to obviate constitutional aiid ot'iier objections. 
 
 It is thouglit practicable to organize sucb a bank, with the necesary 
 officers, as a brancli of the treasui-}- department, based on tlie public and 
 individual dcposites, v.'ithout power to make loans or purchase property, 
 which shall remit the funds of the government, and the expenses of which 
 may be paid, if thought advisable, by allowing its officers to sell bills of 
 exchange to private individuals at a moderate premium. Not being a 
 corporate body, having no stockholders, debtors, or property, and but 
 few officers,"' it v\^ould not be obnoxious to the constitutional objections 
 which are urged against the present bank; and having no means to ope- 
 rate on the hopes, fears, or interests of large masses of tiie community, it 
 would be shorn of the influence which makes that bank formidable. The 
 states would be strengthened by having in their hands the means of fur- 
 nishing the local paper currency through tlieir own banks; while the 
 bank of the United States, though issuing no paper, would check the is- 
 sues of the state banks, by taking their notes in deposite, and for ex- 
 change, only so long as they continue to be redeemed with specie. In 
 times of public emergency, the capacities of such an institution might be 
 enlarged by legislative provisions. 
 
 These suggestions are made, not so. much as a recommendation, as 
 with a view of calling the attention of congress to the possible modifica- 
 tions of a system which cannot continue to exist in its present form with- 
 out occasional collisions with the local authorities, and perpetual appre- 
 hensions and discontent on the part of the states and the people. 
 
 In conclusion, fellow-ciiizens, allow me to invoke, in behalf of your 
 deliberations, that spirit of conciliation and disinterestedness which is the 
 gift of patriotism. Under an overruling and merciful Providence, the 
 agency of this spirit has thus far been signalized in the prosperity and 
 glory of our beloved country. May its influence be eternal. 
 
 ANDREW JACKSON. 
 
MESSAGE TO CONGRESS. 
 
 COMMUNICATED 
 
 DECEMBER 6, 1831. 
 
MESSAGE TO CONGRESS. ' 
 
 Communicated December 6, 1831. 
 
 Fellow citizens of the Senate 
 
 and House of Representatives: 
 
 The representation of the people has been renewed for the twenty- 
 second time since the constitution they formed has been in force. For 
 near half a century the chief magistrates who have been successively 
 tihosen have made their annual communications of the state of the nation 
 to its representatives. Generally, these communications have been of 
 the most gratifying nature, testifying an advance in all the improvements 
 of social, and all the securities of political life. But frequently, and just- 
 ly, as you have been called on to be grateful for the bounties of Provi- 
 dence, at few periods have they been more abundantly or extensively be- 
 stowed than at the present; rarely, if ever, have we had greater reason 
 to congratulate each other on the continued and increasing prosperity of 
 our beloved country. 
 
 Agriculture, the first and most important occupation of man, has com- 
 pensated the labors of the husbandman with plentiful crops of all the va- 
 ried products of our extensive country. Manufactures have been estab- 
 lished, in which the funds of the capitalist find a profitable investment, 
 and which give employment and subsistence to a numerous and increas- 
 ing body of industrious and dexterous mechanics. The laborer is reward- 
 ed by high wages, in the construction of works of internal improvement, 
 which are extending with unprecedented rapidity. Science is steadily 
 penetrating the recesses of nature, and disclosing her secrets, while the 
 ingenuity of free minds is subjecting the elements to the power of man, 
 and making each new conquest auxiliary to his comfort. By our mails, 
 whose speed is regularly increased, and whose routes are every year ex- 
 tended, the communication of public intelligence and private business is 
 rendered frequent and safe — the intercourse between distant cities, which 
 it iormerly required weeks to accomplisli, is no^v effected in a iew days; 
 and in the construction of rail roads, and the application of steam power, 
 we have a reasonable prospect that the extreme parts of our country will 
 be so much approximated, and those most isolated by the obstacles of na- 
 ture, rendered so accessible as to remove an apprehension sometimes en- 
 
72 [December, 
 
 tertained, that the great extent of the union would endanger its perma- 
 nent existence. 
 
 If, from the satisfactory view of our agriculture, manufactures, and in- 
 ternal improvements, we turn to the state of our navigation and trade 
 with foreign nations, and hetween the states, we shall scarcely find less 
 cause for gratulation. A beneficent Providence has provided, for their 
 exercise and encouragement, an extensive coast indented by capacious 
 bays, noble rivers, inland seas, with a country productive of every mate- 
 rial lor ship building, and every commodity for gainful commerce, and 
 filled with a population active, intelligent, well informed, and fearless of 
 danger. These advantages are not neglected; and an impulse has lately 
 been given to commercial enterprise, which fills our ship-yards with new 
 constructions, encourages all the arts and branches of industry connected 
 with them, crowds the wharves of our cities with vessels, and covers the 
 most distant seas with our canvass. 
 
 Let us be grateful for these blessings to the beneficent Being who has 
 conferred them, and who suffers us to indulge a reasonable hope of then- 
 continuance and extension, while we neglect not the means by which 
 they may be preserved. If we may dare to judge of His future designs 
 by the manner in which His past favors have Deen bestowed, he has made 
 our national prosperity to depend on the preservation of our liberties — 
 our national force on our federal union — and our individual happiness on 
 the maintenance of our state rights and wise institutions. If we are pros- 
 perous at home, and respected abroad, it is because we are free, united, 
 industrious, and obedient to the laws. While w^e continue so, we shall, 
 by tlip blessing of heaven, go on in the happy career we have begun, and 
 which has brought us, in the short period of our political existence, from 
 a population ot three to thirteen millions — Irom thirteen separate colonies 
 to twenty-four United States — from weakness to strength — from a rank 
 scarcely marked in the scale of nations to a high place in their respect. 
 This last advantage is one that has resulted, in a great degree, from 
 the principles which have guided our intercourse with foreign powers, 
 since we have assumed an equal station among them: and hence, the an- 
 nual account which the executive renders to the country, of the manner 
 in which that branch of his duties has been fulfilled, proves instructive 
 and salutary. 
 
 The pacific and wise policy of our government kept us in a state of 
 neutrality during the wars that have, at different periods since our politi- 
 cal existence, been carried on by other powers: but this policy, while 
 it gave activity and extent to our commerce, exposed it in the same propor- 
 tion to injuries from the belligerent nations. Hence have arisen claims of in- 
 demnity for those injuries. England, France, Spain, Holland, Sweden, 
 Denmark, Naples, and lately Portugal, had all, m a greater or less de- 
 gree, infringed our neutral rights. Demands for reparation were made 
 upon all. They have had in all, and continue to have in some cases, a 
 leadmg influence on the nature of our relations with the powers on whom 
 they were made. 
 
 Of the claims upon England it is unnecessary to speak, further than to 
 say, that the state of things to which their prosecution and denial gave 
 
1831.] 73 
 
 rise has been succeeded by arrangements, productive of mutual good feel- 
 ing and amicable relations between the two countries, which it is hoped 
 will not be interrupted. One of these arrangements is that relating to 
 the colonial trade, which was communicated to congress at the last ses- 
 sion; and although the short period during which it has been in force 
 will not enable me to form an accurate judgment of its operation, there is 
 every reason to bL.dieve that it will prove highly beneficial. The trade 
 thereby authorized has employed, to the 30th September last, upwards 
 of 30,000 tons of American, and 15,000 tons of foreign shipping in the 
 outward voyages; and, in the inward, nearly an equal amount of Ameri- 
 can, and 20,000 only of foreign tonnage. Advantages too, have resulted 
 to our agricultural interests from the state of the trade between Canada 
 and our territories and states bordering on the St. Lawrence and the lakes, 
 which may prove more than equivalent to the loss sustained by the dis- 
 crimination made to favor the trade of the northern colonies with the 
 West Indies. 
 
 After our transition fiom the state of colonies to that of an independent 
 nation, many points were found necessary to be settled between us and 
 Great Britain. Among them was the demarcation of boundaries not de- 
 scribed with sufficient precision in the treaty of peace. Some of the 
 lines that divide the states and territories of the United States, from the 
 British provinces, have been definitively fixed. That, however, which 
 separates us from the provinces of Canada and New Brunswick to the 
 north and east, was still in dispute when I came into office. But I found 
 arrangements made for its settlement, over which I had no control. The 
 commissioners who had been appointed under the provisions of the treaty 
 of Ghent, having been unable to agree, a convention was made with 
 Great Britain by my immediate predecessor in office, with the advice and 
 consent of the Senate, by which it was agreed "that the points of differ- 
 ence which have arisen in the settlement of the boundary line between 
 the American and British dominions, as described in the 5th article of 
 the treaty of Ghent, shall be referred as therein provided, to some friend- 
 ly sovereign or state, who shall be invited to investigate, and make a de- 
 cision upon such points of difference:" and the king ot the Netherlands 
 having, by the late president and his Britannic majesty, been designated 
 as such friendly sovereign, it became my duty to carry, with good faith, 
 the agreement so made into full effect. To this end I caused all the 
 measures to be taken which were necessary to a full exposition of our 
 case to the sovereign arbiter; and nominated as minister plenipotentiary 
 to his court, a distinguished citizen of the state most interested in the 
 question, and who had been one of the agents previously employed for 
 settling the controversy.* On the 10th day of January last, his majesty the 
 king of the Netherlands delivered to the plenipotentiaries of the United 
 States, and of Great Britain, his written opinion on the case referred to 
 h.m. The papers in relation to the subject will be communicated, by a 
 special message, to the proper branch of the government, with the per- 
 fect confidence that its wisdom will adopt such measures as will secure 
 an amicable settlement of the controversy, Vvithout infringing any consti- 
 tutional right of the states immediately interested. 
 
74 [December, 
 
 It affords me satisfaction to inform you that suggestions, made by my 
 direction to the charge d'affaires of his Britannic majesty, to this govern- 
 ment, have had their desired effect in producing the release of certain 
 American citizens who were imprisoned for setting up the authority of 
 the state of Maine, at a place in the disputed territory under the actual 
 jurisdiction of his Britannic majesty. From this, and the assurances I 
 have received of the desire of the local authorities to avoid any cause of 
 collision, I have the best hopes that a good understanding will be kept 
 up until it is confirmed by the final disposition of the subject. 
 
 The amicable relations which now subsist between the United States 
 and Great Britain, the increasing intercourse between their citizens, and 
 the rapid obliteration of unfriendly prejudices to which former events 
 naturally gave rise — concurred to present this as a fit period for renewing 
 our endeavors to provide against the recurrence of causes of irritation, 
 which, in the event of war between Great Britain and any other power, 
 would inevitably endanger our peace. Animated by the sincerest desire 
 to avoid such a state of things, and peacefully to secure, under all pos- 
 sible circumstances, the rights and honor of the country, I have given 
 such instructions to the minister lately sent to the court of London, as 
 will evince that desire; and if met by a correspondent disposition, which 
 we cannot doubt, will put an end to causes of collision, which, without 
 advantage to either, tend to estrange from each other two nations who 
 have every motive to preserve, not only peace, but an intercourse of the 
 most amicable nature. 
 
 In my message at the opening of the last session of congress, I ex- 
 pressed a confident hope that the justice of our claims upon France, 
 urged as they were with perseverance and signal ability by our minister 
 there, would finally be acknowledged. This hope has been realised. 
 A treaty has been signed, which will immediately be laid before the sen- 
 ate, for its approbation; and which, containing stipulations that require 
 legislative acts, must have the concurrence of both houses before it can 
 be carried into effect. By it, the French government engage to pay a sum 
 which, if not quite equal to that which may be found due to our citizens, 
 will yet, it is believed, under all circumstances, be deemed satisfactory 
 by those interested. The offer of a gross sum, instead of the satisfaction 
 of each individual claim, was accepted, because the only alternatives 
 were a rigorous exaction of the whole amount stated to be due on each 
 claim, which might, in some instances, be exaggerated by design, in 
 others over-rated through error; and which, therefore, it would have 
 been both ungracious and unjust to have ii.sisted on; or a settlement by a 
 mixed commission, to which the French negotiators were very aveise, 
 and which experience in other cases had shown to be dilatory, and often 
 wholly inadequate to the end. A comparatively small sum is stipulated 
 on our part to go to the extinction of all claims by French citizens on 
 our government; and a reduction of duties on our cotton and their wines 
 has been agreed on, as a consideration for the renunciation of an impor- 
 tant claim for commercial privileges under the construction they gave to 
 the treaty for the cession of Louisiana. 
 
 Should this treaty receive the proper sanction, a source of irritation 
 
1831.] 75 
 
 will be stopped, that has, for so many years, in some degree alienated 
 from each other two nations, who, from interest as well as the remem- 
 brance of early associations, ought to cherish the most friendly relations — 
 an encouragement will be given ior perseverance in the demands of jus- 
 tice, by this new proof, that, if steadily pursued, they will be listened 
 to — and admonition will be offered to those powers, if any, which may 
 be inclined to evade them, that they will never be abandoned. Above 
 all, a just confidence will be inspired in our fellow citizens, that their 
 government will exert all the powers with which they have invested it, 
 in support of their just claims upon foreign nations; at the same time 
 that the frank acknowledgment and provision for the payment of those 
 which are addressed to our equity, although unsupported by legal proof, 
 affords a practical illustration of our submission to the divine rule of 
 doing to others what we desire they should do unto us. 
 
 Sweden and Denmark having made compensation for the irregularities 
 committed by their vessels, or in their ports, to the perfect satisfaction 
 of the parties concerned, and having renewed the treaties of commerce 
 entered into with them, our political and commercial relations with 
 those powers continue to be on the most friendly footing. 
 
 With Spain, our differences up to the 22d of February, 1819, were 
 settled by the treaty of Washington of that date; but, at a subsequent 
 period, our commerce with the states, formerly colonies of Spain, on 
 the continent of America, was annoyed and frequently interrupted by 
 her public and private armed ships. They captured many of our vessels 
 prosecuting a lawful commerce, and sold them and their cargoes; and at 
 one time, to our demands for restoration and indemnity, opposed the al- 
 legation, that they were taken in the violation of a blockade of all the 
 ports of those states. This blockade was declaratory only, and the in- 
 adequacy of the force to maintain it, was so manifest, that this allegation 
 was varied to a charge of trade in contraband of war. This, in its turn, 
 was also found untenable; and the minister whom I sent with instruc- 
 tions to press for the reparation that was due to our injured fellow citi- 
 zens, has transmitted an answer to his demand, by which the captures 
 are declared to have been legal, and are justified, because the indepen- 
 dence of the states of America never having been acknowledged by 
 Spain, she had a right to prohibit trade with them under her old colonial 
 laws. This ground of defence was contradictory, not only to those 
 which had been formerly alleged, but to the uniform practice and es- 
 tablished laws of nations; and had been abandoned by Spain herself in 
 the convention which granted indemnity to British subjects for captures, 
 made at the same time, under the same circumstances, and for the same 
 allegations with those of which we complain. 
 
 I however indulge the hope that further reflection will lead to other 
 views, and feel confident that when his catholic majesty shall be con- 
 vinced of the justice of the claim, his desire to preserve friendly rela- 
 tions between the two countries, which it is my earnest endeavor to 
 maintain, will induce him to accede to our demand. I have therefore 
 despatched a special messenger with instructions to our minister to bring 
 the case once more to his consideration; to the end that i<^, which I canudt 
 
76 [December, 
 
 bring myself to believe, the same decision, that cannot but be deemed 
 an unfriendly denial of justice, should be persisted in, the matter may, 
 before your adjournment, be laid before you, the constitutional judges of 
 what is proper to be dmie ^vhen negotiation for redress of injury fails. 
 
 The conclusion of a treaty for indemnity with France seemed to pre- 
 sent a favourable opportunity to renew our claims of a similar nature on 
 other powers, and particularly in the case of those upon Naples, more 
 especially as in the course of former negotiations with that power, our 
 failure to induce France to render us justice was used as an argument 
 against us. The desires of the merchants who were the principal suf- 
 ferers have therefore been acceded to, and a mission has been instituted 
 for the special purpose of obtaining tor them a reparation already too 
 long delayed. This measure having been resolved on, it w^as put in ex- 
 ecution without w^aiting for the meeting of congress, because the state of 
 Europe created an apprehenson of events that might have rendered our 
 application ineffectual. 
 
 Our demands upon the government of the Two Sicilies are of a 
 peculiar nature; The injuries on which they are founded are not denied, 
 nor are the atrocity and perfidy under wdiich those injuries were per- 
 petrated" attempted to be extenuated. The sole ground on which indemnity 
 has been refused is the alleged illegality of the tenure by which the mon- 
 arch who made the seizures held his crown. This defence, always un- 
 founded in any principle of the law of nations — now universally aban- 
 doned, even by those powers upon whom the responsibility for acts of 
 past rulers bore the most heavily, will unquestionably be given up by 
 his Sicilian majesty; w^hose counsels will receive an impulse from that 
 high sense of honor and regard to justice which are said to characterise 
 him; and I feel the fullest confidence that the talents of the citizen com- 
 missioned for that purpose will place before him the just claims of our 
 injured citizens in such a light as will enable me, before your adjourn- 
 ment, to announce that they have been adjusted and secured. Precise 
 instructions, to the effect of bringing the negotiation to a speedy issue, 
 have been given and will be obeyed. 
 
 In the late blockade of Terceira, someof the Portuguese fleet captured 
 several of our vessels and committed other excesses, for which repara- 
 tion was demanded; and I was on the point of despatching an armed 
 force, to prevent any recurrence of a similar violence and protect our 
 citizens in the prosecution of their lawful commerce, when official as- 
 surances, on which I relied, made the sailing of the ships unnecessary. 
 Since that period frequent promises have been made that full indemnity 
 shall be given for the injuries inflicted and the losses sustained. In the 
 performance there has been some, perhaps unavoidable delay: but I have 
 the fullest confidence that my earnest desire that this business may at 
 once be closed, which our minister lias been instructed strongly to express, 
 will very soon be gratified, I have the better ground for this hope, 
 from the evidence of a friendly disposition which that government has 
 shown by an actual reduction in the duty on rice, the produce of our 
 southern states, authorising the anticipation that this important article of 
 
1831.] 77 
 
 our export will soon be admitted on the same footing with that produced 
 by the most favored nation. 
 
 With the other powers of Europe, we have fortunately had no cause 
 of discussions for the redress of injuries. With the empire of the Rus- 
 sias, our political connexion is of the most friendly, and our commercial, 
 of the most liberal kind. We enjoy the advantages of navigation and 
 trade, given to the most favored nation: but it has not yet suited their 
 policy, or perhaps has not been found convenient from other considera- 
 tions, to give stability and reciprocity to those privileges, by a commer- 
 cial treaty. The ill health of the minister last year charged with making 
 a proposition for that arrangement, did not permit him to remain at St. 
 Petersburgh, and the attention of that government, during the whole of 
 the period since his departure, having been occupied by the war in which 
 it was engaged, we have been assured that nothing could have been effect- 
 ed by his presence. A minister will soon be nominated, as well to effect 
 this important object, as to keep up the relations of amity and good un- 
 derstanding of which we have received so many assurances and proofs 
 from his imperial majesty and the emperor his predecessor. 
 
 The treaty with Austria is opening to us an important trade with the 
 hereditary dominions of the emperor, the value of which has been hith- 
 erto little known, and of course not sufficiently appreciated. While our 
 commerce finds an entrance into the south of Germany by means of this 
 treaty, those we have formed with the Hanseatic towns and Prussia, and 
 others now in negotiation, will open that vast country to the enterprising 
 spirit of our merchants, on the north: a country abounding in all the mate- 
 rials for a mutually beneficial commerce, filled with enlightened and in- 
 dustrious inhabitants, holding an important place in the politics of Eu- 
 rope, and to which we owe so many valuable citizens. The ratification of 
 the treaty with the Porte was sent to be exchanged by the gentleman ap- 
 pointed our charge d'affaires to that court. Some difficulties occurred 
 on his arrival; but at the date of his last official despatch, he supposed 
 they had been obviated, and that there was every prospect of the ex- 
 change being speedily effected. 
 
 This finishes the connected view I have thought it proper to give of 
 our political and commercial relations in Europe. Every effort in 
 my power will be continued to strengthen and extend them by treaties 
 founded on principles of the most perfect reciprocity of interest, neither 
 asking, nor conceding any exclusive advantage, but liberating, as far as 
 it lies in my power, the activity and industry of our fellow-citizens from 
 the shackles which foreign restrictions may impose. 
 
 To China and the East Indies, our commerce continues in its usual 
 extent and with increased facilities, which the credit and capital of our 
 merchants afford, by substituting bills for payments in specie. A daring 
 outrage having been committed in those seas, by the plunder of one of 
 our merchantmen engaged in the pepper trade, at a port in Sumatra, and 
 the piratical perpetrators belonging to tribes in such a state of society, 
 that the usual course of proceedings between civilized nations could not 
 10 
 
78 [December. 
 
 be pursued, I forthwith despatched a fiii^ate with orders to require im- 
 mediate satisfaction for the injury, and indemnity to the sufferers. 
 
 Few changes have taken place in our connexions with the independent 
 states of America since my last communication to congress. The ratification 
 of a commercial treaty with the united republics of Mexico has been for 
 some time under deliberation in their congress, but was still undecided 
 at the date of our last despatches. The unhappy civil commotions that 
 have prevailed there, were undoubtedly the cause of the delay; but as 
 the government is now said to be tranquillized, we may hope soon to re- 
 ceive the ratification of the treaty, and an arrangement for the demarca- 
 tion of the boundaries between us. In the mean time an important trade 
 has been opened, with mutual benefit, from St. Louis, in the state of Mis- 
 souri, by caravans, to the interior provinces of Mexico. This com- 
 merce is protected in its progress through the Indian countries by the 
 troops of the United States, which have been permitted to escort the 
 caravans beyond our boundaries, to the settled part of the Mexican territory. 
 From Central America I have received assurances of the most friendly 
 kind, and a gratifying application for our good offices to remove a sup- 
 posed indisposition towards that government in a neighboring state; this 
 application was immediately and successfully complied with. They 
 gave us also the pleasing intelligence that differences which had prevail- 
 ed in their internal affairs had been peaceably adjusted. Our treaty with 
 the republic continues to be faithfully observed, and promises a great and 
 beneficial commerce between the two countries; a commerce of the 
 greatest importance, if the magnificent project of a ship canal through the 
 dominions of that state, from the Atlantic to the Pacific ocean, now in se- 
 rious contemplation, shall be executed. 
 
 I have great satisfaction in communicating the success which has at- 
 tended the exertions of our minister in Colombia to procure a very con- 
 siderable reduction in the duties on our flour in that republic. Indemni- 
 ty, also, has been stipulated for injuries received by our merchants from 
 illegal seizures; and renewed assurances are given that the treaty be- 
 tween the two countries shall be faithfully observed. 
 
 Chili and Peru seem to be still threatened with civil commotions; and, 
 until they shall be settled, disorders may naturally be apprehended, re- 
 quiring the constant presence of a naval force in the Pacific ocean, to 
 protect our fisheries and guard our commerce. 
 
 The disturbances that took place in the empire of Brazil, previously 
 to, and immediately consequent upon, the abdication of the late emperor, 
 necessarily suspended any effectual application for the redress of some 
 past injuries, suffered by our citizens from that government, while they 
 have been the cause of the others, in which all foreigners seem to have 
 participated. Instructions have been given to our minister there, to press 
 for indemnity due for losses occasioned by these irregularities; and to 
 take care that our fellow-citizens shall enjoy all the privileges stipulated 
 in their favor, by the treaty lately made between the two powers, all 
 which, the good intelligence that prevails between our minister at Rio 
 Janeiro and the regency, gives us the best reason to expect. 
 
1831.] 79 
 
 I should have placed Buenos Ayres in the list of south American pow- 
 ers in respect to which nothing of importance aflecting us was to be com- 
 municated, but fv)r occurrences which have lately taken place at the 
 Falkland islands, in which the name of that republic has been used to 
 cover with a show of authority, acts injurious to our commerce, and to 
 the property and liberty of our fellow citizens. In the course of the 
 present year, one of our vessels engaged in the pursuit of a trade which 
 we have always enjoyed, without molestation, has been captured by a 
 band acting as they pretend, under the authority of the government of 
 Buenos Ayres. I have therefore given orders for the despatch of an arm- 
 ed vessel, to join our squadron in those seas, and aid in affording all law- 
 ful protection to our trade wliich shall be necessary; and shall without 
 delay send a minister to inquire into the nature of the circumstances, and 
 also of the claim, if any, that is set up by that government, to those is- 
 lands. In the mean time I submit the case to the consideration of con- 
 gress, to the end that they may clothe the executive with such authority 
 and means as they may deem necessary for providing a force adequate to 
 the complete protection of our fellow-citizens fishing and trading in those 
 seas. 
 
 This rapid sketch of our foreign relations, it is hoped, fellov^^ citizens, 
 may be of some use in so much of your legislation as may bear on that 
 important subject; while it affords to the country at large a source of 
 high gratification in the contemplation of our political and commercial 
 connexion with the rest of the world. At peace with all — having sub- 
 jects of future difference with few, and those susceptible of easy adjust- 
 ment — extending our commerce gradually on all sides, and on none by 
 any but the most liberal and mutually beneficial means — we may, by the 
 blessing of Providence, hope for ail that national prosperity which can 
 be derived from an intercourse with foreign nations, guided by those 
 eternal principles ol justice and reciprocal good will, which are bindin"- 
 as well upOn states, as the individuals of whom they are composed. 
 
 I have great satisfaction in making this statement of our affairs, because 
 the course of our national policy enables me to do it without any indis 
 creet exposure of what in otlier governments is usually concealed from 
 the people. Having none but a straight-forward open course to pursue 
 —guided by a single principle that will bear the strongest light— we 
 have happily no political combinations to form, no alliances to entangle 
 us, no complicated interests to consult; and in subjecting all we have 
 done to the consideration of our citizens, and to the inspection of the 
 world, we give no advantage to other nations, and lay ourselves open to 
 no injury. 
 
 It may not be improper to add that, to preserve this state of things, 
 and give confidence to the world in the integrity of our designs, all our 
 consular and diplomatic agents are strictly enjoined to examine well 
 every cause of complaint preferred by our citizens; and, while they urge 
 with proper earnestness those that are well founded, to countenance none 
 that are unreasonable or unjust, and to enjoin on our merchants and navi- 
 gators the strictest obedience to the laws of the countries to which they 
 
80 [December, 
 
 resort, and a course of conduct in their dealings that may support the 
 character of our nation, and render us respected abroad. 
 
 Connected with this subject, I must recommend a revisal of our con- 
 sular laws. Defects and omissions have been discovered in their opera- 
 tion, that ought to be remedied and supplied. For your further informa- 
 tion on this subject, I have directed a report to be made by the secretary 
 of state, which I shall hereafter submit to your consideration. 
 
 The internal peace and security of our confederated states, is the next 
 principal object of the general government. Time and experience have 
 proved that the abode of the native Indian within their limits is dangerous 
 to their peace, and injurious to themselves. In accordance with my re- 
 commendation at a former session of congress, an appropriation of half 
 a million of dollars was made to aid the voluntary removal of the various 
 tribes beyond the limits of the states. At the last session I had the hap- 
 piness to announce that the. Chickasaws and Choctaws had accepted the 
 generous offer of the government, and agreed to remove beyond the Mis- 
 sissippi river, by which the whole of the state of Mississippi and the 
 western part of Alabama will be freed from Indian occupancy, and open- 
 ed to a civilized population. The treaties with these tribes are in a 
 course of execution, and their removal, it is hoped, will be completed in 
 the course of 1832. 
 
 At the request of the authorities of Georgia, the registration of Cher- 
 okee Indians for emigration has been resumed, and it is confidently ex- 
 pected that one half, if not two thirds of that tribe, will follow the wise 
 example of their more westerly brethren. Those who prefer remaining 
 at their homes will hereafter be governed by the laws of Georgia, as all 
 her citizens are, and cease to be the objects of peculiar care on the part 
 of the general government. 
 
 During the present year, the attention of the government has been par- 
 ticularly directed to those tribes in the powerful and growing state of 
 Ohio, where considerable tracts of the finest lands were still occupied 
 by the aboriginal proprietors. Treaties, either absolute or conditional, 
 have been made, extinguishing the whole Indian title to the reservations 
 in that state; and the time is not distant, it is hoped, when Ohio will be 
 no longer embarrassed with the Indian population. The same measure 
 will be extended to Indiana, as soon as there is reason to anticipate suc- 
 cess. 
 
 It is confidently believed, that perseverance for a few years in the 
 present policy of the government, will extinguish the Indian title to all 
 lands lying within the states composing our federal union, and remove 
 beyond their limits every Indian who is not willing to submit to their 
 laws. Thus will all conflicting claims to jurisdiction between the states* 
 and the Indian tribes be put to rest. It is pleasing to reflect, that results 
 so beneficial, not only to the states immedately concerned, but to the har- 
 mony of the union, will have been accomplished, by measures equally 
 advantageous to the Indians. What the native savages become when 
 surrounded by a dense population, and by mixing with the whites, may 
 be seen in the remnants of a few eastern tribes, deprived of political and 
 civil rights, forbidden to make contracts, and subjected to guardians, 
 
1831.] ^^ 
 
 dragging out a wretched existence, without excitement, without hope, 
 
 and^'almost without thought. ,, v-. a ■ - a- r c.^ 
 
 But the removal of the Indians beyond the limits and jurisdiction of tne 
 state« does not place them beyond the reach of philanthropic aid and 
 Christian instruction. On the contrary, those whom philanthropy or re- 
 ligion may induce to live among them in their new abode vvill be more 
 free in the exercise of their benevolent functions, than if they liad re- 
 mained within the limits of the states, embarrassed by their internal reg- 
 ulations Now, subject to no control but the superintending agency of 
 the o-eneral government, exercised with the sole view of preserving peace, 
 they may proceed unmolested in the interesting experiment of gradually 
 advancing a community of American Indians from barbarism to the habits 
 and enjoyments of civilized life. . r i v 
 
 Among the happiest effects of the improved relations of our republic, 
 has been an increase of trade, producing a corresponding increase of reve- 
 nue beyond the most sanguine anticipations of the treasury department. 
 The state of the public finances will be fully shewn by the secretary 
 of the treasury, in the report which he will presently lay before you. 
 I will here, however, congratulate you upon their prosperous condition. 
 The revenue received in the present year will not fall short of twenty- 
 seven millions, seven hundred thousand dollars; and the expenditures tor 
 all objects, other than the public debt, will not exceed fourteen millions, 
 seven hundred thousand. The payment on account of the principal and 
 interest of the debt, during the year, will exceed sixteen millions and a 
 half of dollars: a greater sum than has been applied to that object, out of 
 the revenue, in any year since the enlargement of the sinking fund, ex- 
 cept the two years following immediately thereafter. The amount which 
 will have been applied to the public debt from the 4th of March, 1829, 
 to the first of January next, which is less than three years since the ad- 
 ministration has been placed in my hands, will exceed forty millions of 
 
 dollars. . , n 
 
 From the large importations of the present year, it may be sately es- 
 timated that the revenue which will be received into the treasury from 
 that source during the next year, with the aid of that received from the 
 public lands, will considerably exceed the amount of the receipts of the 
 present year, and it is believed that with the means which the govern- 
 ment will have at its disposal, from various sources, which will be fully 
 stated by the proper department, the whole of the public debt may be 
 extinguished, either by redemption or purchase, within the four years of 
 my administration. We shall then exhibit the rare example of a great 
 nation, abounding in all the means of happiness or security, altogether 
 
 free from debt. 
 
 The confidence with which the extinguishment of the public debt may 
 be anticipated, presents an opportunity for carrying into effect more fully 
 the policy in relation to import duties, which has been recommended in 
 my former messages. A modification of the tariff, which shall produce 
 a reduction of our revenue to the wants of the government, and an ad- 
 justment of the duties on imports with a view to equal justice in relation 
 to all our national interests and to the counteraction of foreign policy, so 
 
82 [December, 
 
 far as it may be injurious to those interests, is deemed to be one of the 
 principal objects which demand the consideiation of the present congress. 
 Justice to the interests of the merchant as well as the manufacturer, re- 
 quires, that material reductions in the import duties be prospective: and 
 unless the present congress shall dispose of the subject, the proposed re- 
 ductions cannot properly be made to take effect at the period when the 
 necessity for the revenue, arising from present rates, shall cease. It is, 
 therefore, desirable, that arrangements be adopted at your present ses- 
 sion, to relieve the people from unnecessary taxation, after the extin- 
 guishment of the public debt. In the exercise of that spirit of conces- 
 sion and conciliation which has distinguished the friends of our union in 
 all great emergencies, it is believed that this object may be efi'ected with- 
 out injury to any national interest. 
 
 In my annual message of December, 1829, I had the honor to recom- 
 mend the adoption of a more liberal policy, than that which then prevail- 
 ed towards unfortuniite debtors to the government; and I deem it my duty 
 again to invite your attention to this subject. 
 
 Actuated by similar views, congress, at their last session, passed an act 
 for the relief of certain insolvent debtors of the United States; but the 
 provisions of that law have not been deemed such as were adequate to 
 that relief to this unfortunate class of our fellow-citizens, which may be 
 safely extended to them. The points in which the law appears to be de- 
 fective will be particularly communicated by the secretary of the treas- 
 ur}: and I take pleasure in recommending such an extension of its pro- 
 visions as will unfetter the enterprise of a valuable portion of our citi- 
 zens, and restore to them the means of usefulness to themselves and the 
 community. While deliberating upon this subject, I would also recom- 
 mend to your consideration the propriety of so modifying the laws for 
 enforcing the payment of debts, due either to the public, or to individu- 
 als sueing in the courts of the United States, as to restrict the imprison- 
 ment of the person to cases of fraudulent concealment of property. The 
 personal liberty of the citizen seems too sacred to be held, as in many 
 cases it now is, at the will of a creditor to whom he is willing to surren- 
 der all the means he has of discharging his debt. 
 
 The reports from the secretaries of the war and navy departments, and 
 from the postmaster general, which accompany this message, present sat- 
 isfactory views of the operations of the departments respectively under 
 their charge; and suggest improvements which are worthy of, and to 
 which 1 invite the serious attention of congress. Certain defects and 
 omissions having been discovered in the operation of the laws respecting 
 patents, Uiey are pointed out in the accompanying report from the secre- 
 tary ot state. 
 
 1 have heretofore recommended amendments "of the federal constitu- 
 tion, giving the election of president and vice president to the people, 
 and limiting the service of the former to a single term. So important 
 do I consider these changes in our fundamental law, that I cannot, in ac- 
 cordance with my sense ol" duty, omit to press them upon the consid- 
 eration of a new 'congress. For my views more at large, as well in re- 
 lation to these points as to the disqualification of members of congress to 
 
1831.] 83 
 
 receive an office from a president in whose election they have had an 
 official agency, which I proposed as a substitute, I refer you to my for- 
 
 mer messages. 
 
 Our system of public accounts is extremely complicated, and^ it is be- 
 lieved, may be much improved. Much of the present machinery, and a 
 considerable portion of the expenditure of public money, may be dis- 
 pensed with, while greater facilities can be afforded to the liquidation of 
 claims upon the government, and an examination into their justice and le- 
 gality, quite as efficient as the present, secured. With a view to a gen- 
 eral reform in the system, I recommend the subject to the attention of 
 
 congress. 
 
 I deem it my duty again to call your attention to the condition of the 
 District of Columbia. It was doubtless wise in the framers of our con- 
 stitution, to place the people of this district under the jurisdiction of the 
 general government; but, to accomplish the objects they had in view, it 
 is not necessary that this people should be deprived of all the privileges 
 of self-government. Independently of the difficulty of inducing the re- 
 presentatives of distant states to turn their attention to projects of laws, 
 which are not of the highest interest to their constituents, they are not in- 
 dividually, nor in congress collectively, well qualified to legislate over 
 the local concerns of this district. Consequently, its interests are mucb 
 neglected, and the people are almost afraid to present their grievances, 
 lest a body, in t^'hich they are not represented, and which feels little 
 sympathy in their local relations, should, in its attempt to make laws for 
 them, do more harm than good. Governed by the laws of the states 
 whence they were severed, the two shores of the Potomac within the ten 
 miles square, have different penal codes: not the present codes of Virgi- 
 nia and Maryland, but such as existed in those states, at the time of the 
 cession to the United States. As congress will not form a new code, and 
 as the people of the district cannot make one for themselves, they are 
 virtually under two governments. Is it not just to allow them at least a 
 delegate in congress, if not a local legislature, to make laws for the dis- 
 trict, subject to the approval or rejection of congress.? I earnestly re- 
 commend the extension to them of every political rjght which their in- 
 terests require, and which may be compatible with the constitution. 
 
 The extension of the judiciary system of the United States is deemed 
 to be one of the duties of governnfient. One fourth of the states in the 
 union do not participate in the benefits of a circuit court. To the states 
 of Indiana, Illinois, Missouri, Alabama, Mississippi, and Lousiana, ad- 
 mitted into the union since the present judicial system was organised, on- 
 ly a district court has been allowed. If this be sufficient, then the circuit 
 courts, already existing in eighteen states, ought to be abolished; if it 
 be not sufficient, the defect ought to be remedied, and these states placed 
 on the same footing with the other members of the union. It was on 
 this condition, and on this footing, that they entered the union; and they 
 may demand circuit courts as a matter, not of concession, but of right. 
 I trust that congress will not adjourn, leaving this anomaly in our system. 
 
 Entertaining the opinions heretofore expressed in relation to the bank 
 of the United States, as at present organized, I felt it my duty, in my 
 
84 [December, 
 
 former messages, frankly to disclose them, in order that the attention of 
 the legislature and the people should be seasonably directed to that im- 
 portant subject, and that it might be considered and finally disposed of in 
 a manner best calculated to promote the ends of the constitution, and sub- 
 serve the public interests. Having thus conscientiously discharged a con- 
 stitutional duty, I deem it proper, on this occasion, without a more par- 
 ticular reference to the views of the subject then expressed, to leave it 
 for the present to the investigation of an enlightened people and their re- 
 presentatives. 
 
 In conclusion, permit me to invoke that Power which superintends all 
 governments, to infuse into your deliberations, at this important crisis of 
 our history, a spirit of mutual forbearance and conciliation. In that spi- 
 rit was our union formed, and in that spirit must it be preserved. 
 
 ANDREW JACKSON. 
 
MESSAGE TO CONGRESS. 
 
 COMMUNICATED 
 
 DECEMBER 4, 1832 
 
MESSAGE TO CONGRESS, 
 
 Coaiissiuuicated Beceiuber 4, 183^. 
 
 Fellow citizens of the Senate 
 
 and House of Representatives: 
 
 It gives me pleasure to congratulate you upon your return to the seat 
 of government, for the purpose of discharging your duties to the people 
 of the United States. Although the pestilence which had traversed the 
 old world has entered our limits, and extended its ravages over much of 
 our land, it has pleased Almighty God to mitigate its severity, and lessen 
 the number of its victims, compared with those who have fallen in most 
 other countries over which it has spread its terrors. Notwithstanding 
 this visitation, our country presents, on every side, marks of prosperity 
 and happiness, unequalled, perhaps, in any ottler portion of the world. 
 If we fully appreciate our comparative condition, existing causes of dis- 
 content will appear unworthy of attention, and with hearts of thankfulness 
 to that Divine Being who has filled our cup of prosperity, we shall feel 
 our resolution strengthened to preserve, and hand down to posterity, that 
 liberty and that union which we have received from our fathers, and 
 which constitute the sources and the shield of all our blessings. 
 
 The relations of our country continue to present the same picture of 
 amicable intercourse that I had the satisfaction to hold up to your view at 
 the opening of your last session. The same friendly professions, the 
 same desire to participate in our flourishing commerce, the san^ie disposi- 
 tion to refrain from injuries, unintentionally offered, are, with few excep- 
 tions, evinced by all nations with whom we have any intercourse. This 
 desirable state of things may be mainly ascribed to our undeviating prac- 
 tice of the rule which has long guided our national policy, to require no 
 exclusive privileges in commerce, and to grant none. It is daily produ- 
 cing its beneficial effect in the respect shown to our flag, the protection 
 of our citizens and their property abroad, and in the increase of our navi- 
 gation and the extension of our mercantile operations. The re (urns which 
 have been made out since we last met, will show an increase; during the 
 last preceding year of more than 80,000 tons in our shippimg, and of 
 near forty millions of dollars in the aggregate of our imports amd exports. 
 
 Nor have we less reason to felicitate ourselves on the position of our 
 political than of our commercial concerns. They remain in the state in 
 
88 1 [December, 
 
 which they were when I last addressed you — a state of prosperity and 
 peace, the effect of a wise attention to the parting advice of the revered 
 father of his country, on this subject, condensed into a maxim for the use 
 of posterity, by one of his most distinguished successors, to cultivate free 
 commerce and honest friendship with all nations, but to make entangling 
 alliances with none. A strict adherence to this policy has kept us aloof 
 from the perplexing questions that now agitate the European world, and 
 have more than once deluged those countries with blood. Should those 
 scenes unfortunately recur, the parties to the contest may count on a 
 faithful performance of the duties incumbent on us as a neutral nation, 
 and our own citizens may equally rely on the firm assertion of their neu- 
 tral rights. 
 
 With the nation that was our earliest friend and ally in the infancy of 
 our political existence, the most friendly relations have subsisted through 
 the late revolutions of its government, and, from the events of the last, 
 promise a permanent duration. It has made an approximation in some of 
 its political institutions to our own, and raised a monarch to the throne 
 who preserves, it is said, a friendly recollection of the period during 
 which he acquired among our citizens the high consideration that could 
 then have been produced by his personal qualifications alone. 
 
 Our commerce with that nation is gradually assuming a mutually bene- 
 ficial character, and the adjustment of the claims of our citizens has re- 
 moved the only obstacle there was, to an intercourse not only lucrative, 
 but productive of literary and scientific improvement. 
 
 From Great Britain 1 have the satisfaction to inform you that I continue 
 to receive assurances of the most amicable disposition, which have, On 
 my part, on all proper occasions, been promptly and sincerely recipro- 
 cated. The attention of that government has latterly been so much en- 
 grossed by matters of a deeply interesting domestic character, that we 
 could not press upon it the renewal of negotiations which had been un- 
 fortunately broken off by the unexpected recal of our minister, who had 
 commenced them with some hopes of success. My great object was the 
 settlement of questions which, though now dormant, might hereafter be 
 revived under circumstances that would not endanger the good under- 
 standing which it is the interest of both parties to preserve inviolate, ce- 
 mented as it is by a community of language, manners and social habits, 
 and by the high obligations we owe to our British ancestors for many of 
 our most valuable institutions, and for that system of representative gov- 
 ernment which has enabled us to preserve and improve them. 
 
 The question of our north eastern boundary still remains unsettled. In 
 my last annual message, 1 explained to you the situation in which I found 
 that business on my coming into office, and the measures I thought it 
 my duly to pursue for asserting the rights of the United States before the 
 sovereign wlio had been chosen by my predecessor to determine the 
 question; and also the manner in which he had disposed of it. A special 
 message to the senate in their executive capacity, afterwards brought be- 
 fore them the question, whether they would advise a submission to the 
 opinion of the sovereign arbiter. That body having considered the award 
 as not obligatory, and advised me to open a further negotiation, the pro- 
 
1832.] 89 
 
 position was immediately made to the British government; but the cir- 
 cumstances to which I have alluded have hitherto prevented any answer 
 being given to the overture. Early attention, however, has been prom- 
 ised to the subject, and every effort on my part will be made for a satis- 
 factory settlement of this question, interesting to the union generally, and 
 particularly so to one of its members. 
 
 The claims of our citizens on Spain are not yet acknowledged. On a 
 closer investigation of them, than appears to have heretofore taken place, 
 it was discovered that some of these demands, however strong they might 
 be upon the equity of that government, were not such as could be made 
 the subject of national interference. A.nd faithful to the principle of ask- 
 ing nothing but what was clearly right, additional instructions have been 
 sent, to modify our demands so as to embrace those only on which, ac- 
 cording to the laws of nations, we had a strict right to insist. An inevi- 
 table delay in procuring the documents necessary for this review of the 
 merits of these claims retarded this operation, until an unfortunate malady 
 which has afflicted his Catholic majesty, prevented an examination of 
 them. Being now for the first time presented in an unexceptionable form, 
 it is confidently hoped the application will be successful. 
 
 I have the satisfaction to inform you, that the application I directed to 
 be made for the delivery of a part of the archives of Florida, which had 
 been carried to the Havana, has produced a royal order for their delive- 
 ry, and that measures have been taken to procure its execution. 
 
 By the report of the secretary of state, communicated to you on the 
 25th June last, you were informed of the conditional reduction, obtained 
 by the minister of the United States at Madrid, of the duties on tonnage 
 levied on American shipping in the ports of Spain. The condition of 
 that reduction having been complied with on our part, by the act passed 
 the 1 3th of July last, I have the satisfaction to inform you that our ships 
 now pay no higher nor other duties in the continental ports of Spain than 
 are levied on their national vessels. 
 
 The demands against Portugal for illegal captures in the blockade of 
 Terceira, have been allowed to the full amount of the accounts presented 
 by the claimants, and payment was promised to be made in three instal- 
 ments. The first of these has been paid — the second, althongh due, had 
 not, at the date of our last advices, been received: owing, it was alleged, 
 to embarrassments in the finances, consequent on the civil war in which 
 the nation is engaged. 
 
 The payments stipulated by the convention with Denmark, have been 
 punctually made, and the amount is ready for distribution among the 
 claimants as soon as the board now sitting shall have performed their 
 functions. 
 
 I regret that by the last advices from our charge d'affaires at Naples, 
 that government had still delayed the satisfaction due to our citizens; but, 
 at that date, the effect of the last instructions was not known. Despatch- 
 es from thence are hourly expected, and the result will be communicated 
 to you without delay. 
 
 With the rest of Europe, our relations, political and commercial, re- 
 main unchanged. Negotiations are going on, to put on a permanent ba- 
 
90 [December, 
 
 sis, the liberal system of commerce now carried on between us and the 
 empire of Russia. Tiie treaty concluded with Austria is executed by his 
 imperial majesty, with the ciost perfect good faith — and as we have no 
 diplomatic airent at his court, he personally inquired into and corrected a 
 proceedmuf of some of his subaltern officers, to the injury of our consul in 
 one of his ports. 
 
 Our treaty with the Sublime Porte s producing its expected effects on 
 our commerce. New markets are opening for our commodities, and a 
 more extensive range for the employment of our ships. A slight aug- 
 mentation of the duties on our commerce, inconsistent with the spirit of 
 the treaty, had been imposed; but on the representation of our charge 
 d'affaires, it has been promptly withdrawn, and we now enjoy the trade 
 and navigation of the Black Sea, and of all the ports belonging to the 
 Turkish empire and Asia, on the most perfect equality with all foreign 
 nations. 
 
 I wish earnestly, that in announcing to you the continuance of friend- 
 ship, and the increase of a profitable commercial intercourse with Mex- 
 ico, witii Central America, and the states of the south, I could accompa- 
 ny it with the assurance that they all are blessed with that internal tran- 
 quillity and foreign peace which their heroic devotion to the cause of 
 their independence merits. In Mexico, a sanguinary struggle is now 
 cari'ied on, whicli has caused some embairassment to our commerce; but 
 both parties profess the most friendly disposition towards us. To the 
 termination of this contest, we look for the establishment of that secure 
 intercourse, so necessary to nations whose territories are contiguous. 
 How irnpoit'int it will be to us, we may calculate from the fact, that even 
 in this unfavorable state of things, our maritime commerce has increased, 
 and an internal trade by caravans, from St. Louis to Santa Fe, under the 
 protection of escorts furnished by the government, is carried on to great 
 advantage, and is daily increasing. The agents provided for by the trea- 
 ty with this power, to designate the boundaries which it established, have 
 been named on our part; but one of the evils of the civil war now raging 
 there has been, that the appointment of those with whom they were to 
 co-operate has not yet been announced to us. 
 
 The government of Central America has expelled from its territory 
 the party which some time since disturbed its peace. Desirous of fos- 
 tering a favorable disposition towards us, which has on more than one 
 occasion been evinced by this interesting country, I made a second at- 
 tempt, in this year, to establish a diplomatic intercourse with them; out 
 the death of the distinguished citizen whom 1 had appointed for that pur- 
 pose, has retarded the execution of measures from which I hoped much 
 advantage to our commerce. The union of the three states which form- 
 ed the llepublic of Colombia has been dissolved; but they all, it is believ- 
 ed, consider themselves as separately bound by the treaty which was 
 made in their federal capacity The minister accredited to the federa- 
 tion, continues in that character near the government of New Granada, 
 and hopes were entertained, that a new union would be formed between 
 the separate states, at least for the purposes of foreign intercourse Our 
 minister has been instructed to use his good offices, whenever they shall 
 
1832.] 91 
 
 be desired, to produce the re-union so much to be wished, for the do- 
 mestic tranquillity of the parties, and the security and facility of foreign 
 commerce. 
 
 Some agitations naturally attendant on an infant reign have prevailed 
 in the empire of Brazil, which have had the usual effect upon commercial 
 operations; and while they suspended the consideration of claims crea- 
 ted on similar occasions, they have given rise to new complaints on the 
 part of our citizens. A proper consideration for calamities and difficul- 
 ties of this nature has made us less urgent and peremptory in our demands 
 for justice than duty to our fellow citizens would, under other circum- 
 stances, have required. But their claims are not neglected, and will on 
 all proper occasions be urged, and, it is hoped with effect. 
 
 I refrain from making any communication on the subject of our affairs 
 with Buenos Ayres, because the negotiation communicated to you in my 
 last annual message, was at the date of our last advices, still pending, and 
 in a state that would render a publication of the details inexpedient. 
 
 A treaty of amity and commerce has been formed with the republic 
 of Chili, which if approved by the senate, will be laid before you. 
 That government seems to be established, and at peace with its neigh- 
 bors; and its ports being the resorts of our ships which are employed in 
 the highly important trade of the fisheries, this commercial convention 
 cannot but be of great advantage to our fellow citizens engaged in that 
 perilous but profitable business. 
 
 Our commerce with the neighboring state of Peru, owing to the oner- 
 ous duties levied on our principal articles of export, lias been on the 
 decline, and all endeavors to procure an alteration have hitherto proved 
 fruitless. "With Bolivia, we have yet no diplomatic intercourse, and the 
 continual contests carried on between it and Peru have made me defer, 
 until a more favorable period, the appointment ot any agent for that pur- 
 pose. 
 
 An act of atrocious piracy having been committed on one of our tra- 
 ding ships by the inhabitants of a settlement on the west coast of Suma- 
 tra, a frigate was despatched with orders to demand satisfaction for the 
 injury, if those who committed it should be found members of a regular 
 government, capable of maintaining the usual relations with foreign na- 
 tions; but if, as it was supposed, and as they proved to be, they were a 
 band of lawless pirates, to inflict such a chastisement as would deter 
 them and others from like aggressions. This last was done, and the ef- 
 fect has been an increased respect for our flag in those distant seas, and 
 additional security for our commerce. 
 
 In the view I have given of our connexion with foreign powers, al- 
 lusions have been made to their domestic disturbances or foreign wars, 
 to their revolutions or dissentions. It may be proper to observe, that 
 this is done solely in cases where those events affect our political rela- 
 tions vvith them, or to show their operation on our commerce. Further 
 than this, it is neither our policy nor our right lo interfere. Our best 
 wishes on all occasions, our good offices when required, will be afforded, 
 to promote the domestic tranquillity and foreign peace of all nations with 
 whom we have any intercourse. Any intervention in their affairs further 
 
92 [December, 
 
 tlian this, even by the expression of an official opinion, is contrary to our 
 principles of international policy, and will always be avoided. 
 
 The report which the secretary of the treasury will, in due time, lay 
 before you, will exhibit the national finances in a highly prosperous state. 
 Owing to tlie continued success of our commercial enterprize, which has 
 enabled the merchants to fulfil their engagements with the government, 
 the receipts from customs during the year, will exceed the estimate 
 presented at the last session; and with the other means of the treasury 
 will prove fully adequate, not only to meet the increased expenditures re- 
 sulting from the large appropriations made by congress, but to provide 
 for the payment of all the public debt which is at present redeemable. 
 It is now estimated that the customs will yield to the treasury, during 
 the present year, upwards of twenty-eight millions of dollars. The 
 public lands, however, have proved less productive than was anticipated; 
 and according to present information, will fall short of two millions. 
 The expenditures for all objects other than the public debt, are estimated 
 to amount during the year to about sixteen millions, while a still larger 
 sum, viz: eighteen millions of dollars, will have been applied to the prin- 
 cipal and interest of the public debt. 
 
 It is expected, however, that in consequence of the reduced rates of 
 duty which will take effect after the 3d of March next, there will be a 
 considerable falling off in the revenue from the customs in the year 
 1833. It will nevertheless, be amply sufficient to provide for all the 
 wants of the public service, estimated even upon a liberal scale, and for 
 the redemption and purchase of the remainder of the public debt. On 
 the first of January next, the entire public debt of the United States, 
 funded and unfunded, will be reduced to within a fraction of seven mil- 
 lions of dollars: of which $2,227,363 are not of right redeemable until 
 the 1st of January, 1834, and $4,735,296, not until the 2d of January, 
 1835. The commissioners of the sinking fund, however, being invested 
 with full authority to purchase the debt at the market price, and the 
 means of the treasury being ample, it may be hoped that the whole will 
 be extinguished withm the year 1833. 
 
 I cannot too cordially congratulate congress and my fellow citizens on 
 the near approach of that memorable and happy event, the extinction of 
 the public debt of this great and free nation. Faithful to the wise and 
 patriotic policy marked out by the legislation of the country for this ob- 
 ject, the present administration has devoted to it all the means which a 
 flourishing commerce has supplied and a prudent economy preserved for 
 the public treasury. Within the four years for which the people have 
 confided the executive power to my charge, fifty-eight millions of dollars 
 will have been applied to the payment of the public debt. That this 
 has been accomplished without stinting the expenditures for all other pro- 
 per objects will be seen by referring to the liberal provision made during 
 the same period for the support and increase of our means of our mari- 
 time and military defence, for internal improvements of a national cha- 
 racter, for the removal and preservation of the Indians, and lastly for the 
 gallant veterans of the revolution. 
 
1832.] 93 
 
 The final removal of this great burthen from our resources affords the 
 means of further provision for all the objects of general welfare and pub- 
 lic defence which the constitution authorises, and presents the occasion 
 for such further reduction in the revenue as may not be required for 
 them. From the report of the secretary of the treasury, it will be seen 
 that after the present year such a reduction may be made to a considera- 
 ble extent, and the subject is earnestly recommended to the consideration 
 of congress, in the hope that the combined wisdom of the representatives 
 of the people will devise such means of effecting that salutary object, as 
 may remove those burthens which slmll be found to fall unequally upon 
 any, and as may promote all the great interests of the community. 
 
 Long and patient reflection has strengthened the opinions I have here- 
 tofore expressed to congress on this subject; and I deem it my duty on 
 the present occasion, again to urge them upon the attention of the legis- 
 lature. The soundest maxims of public policy and the principles upon 
 which our republican institutions are founded, recommended a proper 
 adaptation of the revenue to the expenditure, and they also require that 
 the expenditure shall be limited to what, by an economical administra- 
 tion, shall be consistent with the simplicity of the government, and neces- 
 sary to an efficient public service. In effecting this adjustment, it is due 
 in justice to the interests of the different states, and even to the preserva- 
 tion of the union itself, that the protection afforded by existing laws to 
 any branches of the national industry should not exceed what may be 
 necessary to counteract the regulations of foreign nations, and to secure 
 a supply of those articles of manufacture, essential to the national indepen- 
 dence and safety in time of war. If, upon investigation it shall be found, 
 as it is believed it will be, that the legislative protection granted to any 
 particular interest is greater than is indispensably requisite for these ob- 
 jects, I recommend that it be gradually diminished, and that as far as may 
 be consistent with these objects, the whole scheme be reduced to the 
 revenue standard as soon as a just regard to the faith of the government 
 and to the preservation of the large capital invested in establishments of 
 domestic industry will permit. 
 
 That manufactures adequate to the supply of our domestic consump- 
 tion would, in the abstract, be beneficial to our country there is no reason 
 to doubt; and to effect their establishment, there is, perhaps, no American 
 citizen who would not for a while, be willing to pay a higher price for 
 them. But for this purpose, it is presumed that a tariff of high duties, 
 designed for perpetual protection has entered into the minds of but few 
 of our statesmen. The most they have anticipated is a temporary and 
 generally incidental protection, which they maintain has the effect to re- 
 duce the price by domestic competition below that of the foreign article. 
 Experience, however, our guide on this, as on other subjects, makes it 
 doubtful whether the advantages of this system are not counterbalanced 
 by many evils, and whether it does not tend to beget in the minds of a 
 large portion of our countrymen a spirit of discontent and jealousy dan- 
 gerous to the stability of the union. 
 
 What then shall be done.'' Large interests have i^rown up under the 
 12 
 
94 [December, 
 
 implied pledge of our national legislation, which it would seem a viola- 
 tion of publi'c faith suddenly to abandon. Nothing could justify it but 
 the public safety, which is the supreme law. But those who have vest- 
 ed their capital in manufacturing establishments cannot expect that the 
 people will continue permanently to pay high taxes for their benefit when 
 the money is not required for any legitimate purpose in the administra- 
 tion of the government. Is it not enough that the high duties have been 
 paid as long as the money arising from them could be applied to the 
 common benefit in the extinguishment of the public debt? 
 
 Those who take an enlarged view of the condition of our country must 
 be satisfied that the policy of protection must be ultimately limited to 
 those articles of domestic manufacture which are indispensable to our 
 safety in time of war. Within this scope, on a reasonable scale, it is 
 recommended by every consideration of patriotism and duty, which will 
 doubtless always secure to it a liberal and efficient support. But beyond 
 this object, we have already seen the operation of the system produc- 
 tive of discontent. In some sections of the republic its influence is 
 deprecated as tending to concentrate wealth into a few hands, and as cre- 
 ating those germs of dependence and vice which in other countries have 
 characterised the existence of monopolies, and proved so destructive of 
 liberty and the general good. A large portion of the people in one 
 section of the republic declares it not only inexpedient on these grounds, 
 but as disturbing the equal relations of property by legislation, and 
 therefore unconstitutional and unjust. 
 
 Doubtless, these effects are, in a great degree, exaggerated, and may 
 be ascribed to a mistaken view of the considerations which led to the 
 adoption of the tariff system; but they are nevertheless important in ena- 
 bling us to review the subject with a more thorough knowledge of all 
 its bearings upon the great interests of the republic, and with a determi- 
 nation to dispose of it so that none can with justice complain. 
 
 It is my painful duty to state, that in one quarter of the United 
 States, opposition to the revenue laws has risen to a height which threat- 
 ens to thwart their execution, if not to endanger the intergity of the 
 union. "Whatever obstructions may be thrown in the way of the judicial 
 authorities of the general government, it is hoped they will be able peace- 
 ably to overcome them by the prudence of their own officers and the 
 patriotism of the people. But sliould this reasonable reliance on the 
 moderation and good sense of all portions of our fellow citizens be dis- 
 appointed, it is believed that tlie laws themselves are fully adequate to 
 the suppression of such attcmps as may be immediately made. Should 
 the exigency arise, rendering the execution of the existing laws imprac- 
 ticable from any cause whatever, prompt notice of it will be given to 
 congress, with the suggestion of such views and measures as may be 
 deemed neccessary to meet it 
 
 In conformity with principles heretofore explained, and with the hope 
 of reducing the general goveinment to that simple machine which the 
 constitution created, and of withdrawing from the states all other influ- 
 ence than that of its universal beneficence in preserving peace, aflbrding 
 an uniform currency, maintaining the inviolability of contracts, diffusing 
 
1832.] 95 
 
 intelligence, and discharging unfelt its other superintending functions, I 
 recommend that provision be made to dispose of all stocks now held by 
 it in corporations, whether created by the general or state governments, 
 and placing the proceeds in the treasury. As a source of profit, these 
 stocks are of little or no value: as a means of influence among the states, 
 they are adverse to the purity of our institutions. The whole principle 
 on which they are based, is deemed by many unconstitutional, and to 
 persist in the policy which they indicate is considered wholly inexpe- 
 dient. 
 
 It is my duty to acquaint you with an arrangement made by the bank 
 of the United States with a portion of the holders of the three per cent, 
 stock, by which the government will be deprived of the use of the public 
 funds longer than was anticipated. By this arrangement, which will be 
 particularly explained by the secretary of the treasury, a surrender of the 
 certificates of this stock may be postponed until October, 1833; and thus 
 the liability of the government, after its ability to discharge the debt, 
 may be continued by the failure of the bank to perform its duties. 
 
 Such measures as are within the reach of the secretary of the treasury 
 have been taken to enable him to judge whether the public deposites in 
 that institution may he regarded as entirely safe; but as his limited power 
 may prove inadequate to this object, I recommend the subject to the at- 
 tention of congress, under the firm believe that it is worthy of their se- 
 rious investigation. An inquiry into the transactions of the institutions 
 embracing the branches as well as the principal bank, seems called for 
 by the credit which is given throughout the country to many serious 
 charges impeaching its character, and which if true, may justly excite 
 the apprehension that it is no longer a safe depository of the money 
 of the people. 
 
 Among the interests which merit the consideration of congress, after 
 the payment of the public debt, one of the most important in my view 
 is that of the public lands. Previous to the formation of our present 
 constitution, it was recommended by congress, that a portion of the waste 
 lands owned by the states should be ceded to the United States, for the 
 purposes of general harmony, and as a fund to meet the expenses of the 
 war. The recommendation was adopted, and at different periods of time 
 the states of Massachusetts, New York, Virginia, North and South 
 Carolina and Georgia, granted their vacant soil for the uses for which 
 they had been asked. As the lands may now be considered as relieved 
 from this pledge, the object for which they were ceded having been ac- 
 complished, it is in the discretion of congress to dispose of them in such 
 way as best to conduce to the quiet harmony and general interest of the 
 American people. In examining this question, all local and sectional 
 feelings should be discarded, and the whole United States regarded as 
 one people, interested alike in the prosperity of their common country. 
 
 It cannot be doubted that the speedy settlement of these lands consti- 
 tute the true interest of the republic. The wealth and strength of a coun- 
 try are its population, and the best part of that population are the culti- 
 vators of the soil. Independent farmers are every where the basis of 
 society and true friends of liberty. 
 
96 [December. 
 
 In addition to these considerations, questions liave already arisen and 
 may be expected hereafter to grow out of the public lands, which involve 
 the rights of the new states and the powers of the general government; 
 and unless a liberal policy be now adopted, there is danger that these 
 questions may speedily assume an importance not" now generally antici- 
 pated. The iniluence of a great sectional interest, when brought into 
 iuU action, will be found more dangerous to the harmony and union of 
 the states tlian any other cause of discontent; and it is the part of wis- 
 dom and sound policy to foresee its approaches and endeavor if possible 
 to counteract them. 
 
 Of the various schemes which have been hitherto proposed in regard 
 to the dis])osal of the public lands, none has yet received the entire ap- 
 probation of the national legislature. Deeply impressed with the impor- 
 tance of a speedy and satisfactory arrangement of the subject, I deem it 
 my duty on this occasion to urge it upon your consideration, and, to the 
 propositions which have been heretofore suggested by others, to con- 
 tribute those reflections which have occurred to me, in the hope that 
 they may assist you in your future deliberations. 
 
 It seems to me to be our true policy that the public lands shall cease 
 as soon as practicable to be a source of revenue, and that they be sold 
 to settlers in limited parcels at a price barely sufficient to reimburse to 
 the United States the expense of the present system, and the cost arising 
 under our Indian compacts. The advantages of accurate surveys and 
 undoubted titles, now secured to purchasers, seem to forbid the abolition 
 of the ])resent system, because none can be substituted which will more 
 perfectly accomplish these important ends. It is desirable however, that 
 in convenient time this machinery be withdrawn from the states, and 
 that the right of soil and the future disposition of it be surrendered to 
 the states respectively in which it lies. 
 
 The adventurous and hardy population of the west, besides contri- 
 buting their equal share of taxation under our impost system, have in 
 the progress of our government, for the lands they occupy, paid into 
 the treasury a large proportion of forty millions of dollars, and of the 
 revenue received therefrom, but a small part has been expended amongst 
 them. When to the disadvantage of their situation in this respect, we 
 add the consideration that it is their labor alone w^hich gives real value 
 to the lands, and that the proceeds arising from their sale are distributed 
 chiefly among states which had not originally any claim to them, and 
 which have enjoyed the undivided emolument arising from the sale of 
 their own lands, it cannot be expected that the new states will remain 
 longer contented with the present policy after the payment of the public 
 debt. To avert the consequences which may be apprehended from this 
 course, to pui an end forever to all partial and interested legislation on 
 this subject, and to alFord to every American citizen of enterprise, the 
 opportunity of securing an independent freehold, it seems to me, there- 
 lore, best to abandon tlie idea of raising a future revenue out of the pub- 
 lic lands. 
 
 In former messages I have expressed my conviction, that the constitu- 
 tion does not warrant the application of the funds of the general go- 
 
1832.] 97 
 
 vernment to objects of internal improvement which are not national in 
 their character, and both as a means of doing justice to all interests, and 
 putting an end to a course of legislation calculated to destroy the purity 
 of the government, have urged the necessity of reducing the whole sub- 
 ject to some fixed and certain rule. As there never will occur a period, 
 perhaps, more propitious than the present to the accomplishment of this 
 object, I beg leave to press the subject again upon your attention. 
 
 Without some general and well defined principles ascertaining those 
 objects of internal improvement to which the means of the nation may 
 be constitutionally applied, it is obvious that the exercise of the power 
 can never be satisfactory. Besides the danger to which it exposes con- 
 gress of making hasty appropriations to works of the character of which 
 they may be frequently ignorant, it promotes a mischievous and corrupt- 
 ing influence upon elections, by holding out to the people the fallacious 
 hope that the success of a certain candidate will make navi^^able their 
 neighboring creek or river, bring commerce to their doors and increase 
 the value of their property. It thus favors combinations to squander the 
 treasure of the country upon a multitude of local objects, as fatal to just 
 legislation as to the purity of public men. 
 
 If a system compatible with the constitution cannot be devised, which 
 is free from such tendencies, we should recollect that that instrument pro- 
 vides within itself the mode of its amendment; and that there is, there- 
 fore, no excuse for the assumption of doubtful powers by the general 
 government. If those which are clearly granted shall be found incom- 
 petent to the ends of its creation, it can at any time apply for their en- 
 largement; and there is no probability that such an application, if found- 
 ed on the public interest, will ever be refused. If the propriety of the 
 proposed grant be not sufficiently apparent to command the assent of 
 three-fourths of the states, the best possible reason why the power should 
 not be assumed on doubtful authority is afforded; for if more than one- 
 fourth of the states are unwilling to make the grant, its exercise will be 
 productive of discontents which will far overbalance any advanta^^esthat 
 could be derived from it. All must admit that there is nothing so wor- 
 thy of the constant solicitude of this government, as the harmony and 
 union of the people. 
 
 Being solemnly impressed with the conviction, that the extension of 
 the power to make internal improvements beyond the limit I have suo-- 
 gested, if even it be deemed constitutional,fis subversive of the best inter- 
 ests of our country, I earnestly recommend to congress to refrain from 
 its exercise, in doubtful cases, except in relation to improvements alrea- 
 dy begun, unless they shall first procure from the states such an amend- 
 ment of the constitution as will define its character and prescribe its 
 bounds. If the states feel themselves competent to these objects, why 
 should this government wish to assume the power? If they do not', then 
 they will noi hesitate to make the grant. Both governments are the o-o- 
 vernments of the people: improvements must be made with tiie money of 
 the people; and if the money can be collected and applied by those more 
 simple and economical political machines, the state governments, it will 
 unquestionably be safer and better for the people, than to add to the 
 
98 [December, 
 
 splendour, the patronage, and the power of the general government. 
 But if the people of the several states think otherwise, they will amend 
 the constitution, and in their decision all ought cheerfully to acquiesce. 
 
 For a detailed and highly satisfactory view of the operations of the 
 war department, I refer you to the accompanying report of the secreta- 
 ry of war. 
 
 The hostile incursions of the Sac and Fox Indians necessarily led to 
 the interposition of the government. A portion of the troops, under 
 generals Scott and Atkinson, and of the militia of the state of Illinois, 
 were called into the field. After a harassing warfare, prolonged by the 
 nature of the country and by the difficulty of procuring subsistance, the 
 Indians were entirely defeated, and the disaffected band dispersed or de- 
 stroyed. The result has been creditable to the troops engaged in the 
 service. — Severe as is the lesson to the Indians, it was rendered necessa- 
 ry by their unprovoked aggressions; and it is to be hoped that its impres- 
 sion will be permanent and salutary. 
 
 This campaign has evinced the efficient organization of the army and 
 its capacity lor prompt and active service. Its several departments have 
 performed their functions with energy and despatch, and the general 
 movement was satisfactory. 
 
 Our fellow citizens upon the frontiers were ready, as they always are, 
 in the tender of their services in the hour of danger. But a more effi- 
 cient organization of our militia is essential to that security which is one 
 of the principal objects of all governments. Neither our situation nor 
 our institutions, require or permit the maintenance of a large regular 
 force. History offers too many lessons of the fatal result of such a mea- 
 sure not to warn us against its adoption here. The expense which at- 
 tends it, the obvious tendency to employ it because it exists and thus to 
 engage in unnecessary wars, and its ultimate danger to public liberty, 
 will lead us, I trust, to place our principal dependence for protection 
 upon the great body of the citizens of the republic. If in asserting 
 rights or in repelling wrongs, war should come upon us, our regular force 
 should be incn^ased to an extent proportioned to the emergency, and our 
 present small army is a nucleus around which such force could be form- 
 ed and embodied. But for the purposes of defence under ordinary cir- 
 cumstances, we must rely upon the electors of the country. Those by 
 whom, and for whom, the government was instituted and is supported, 
 will constitute its protection in the hour of danger, as they do its check 
 in the hour of safety. 
 
 But it is obvious that the militia system is imperfect. Much time is 
 lost, much unnecessary expense incurred, and much public property 
 wasted, under the present arrangement. Little useful knowledge is gam- 
 ed by the musteis and drills, as now established, and the whole subject 
 evidently requires a thorough examination. Whether a plan of classifi- 
 cation, remedying these defects, and providing for a system of instruc- 
 tion, might not be adopted, is submitted to the consideration of congress. 
 The constitution has vested in the gencial government an independent 
 authority upon the subject of the militia, which renders its action essen- 
 tial to the establishment or improvement of the system. And 1 recom- 
 
1832] 99 
 
 mend the matter to your consideration, in the conviction, that the state 
 of this important arm of the public defence requires your attention. 
 
 I am happy to inform you, that the wise and liumane policy of trans- 
 ferring from the eastern to the western side of the Mississippi, the rem- 
 nants of our aboriginal tribes, with their own consent, and upon just 
 terms, has been steadily pursued, and is approaching, I trust, its consum- 
 mation. By reference to the report of the secretary of war, and to the 
 documents submitted with it, you will see the progress which has been 
 made since your last session, in the arrangement of the various matters 
 connected with our Indian relations. With one exception, every subject 
 -involving any question of conflicting jurisdiction, or of peculiar difficulty, 
 has been happily disposed of, and the conviction evidently gains ground 
 among the Indians, that their removal to the country assigned by the U* 
 States for their permanent residence, furnishes the only hope of their ul- 
 timate prosperity. 
 
 "With that portion of the Cherokees, however, living within the state 
 of Georgia, it has been found impracticable, as yet, to make a satisfacto- 
 ry adjustment. Such was my anxiety to remove all the grounds of com- 
 plaint, and to bring to a termination the difficulties in which they are in- 
 volved, that I directed the very liberal propositions to be made to them 
 which accompany the documents herewith submitted. They cannot but 
 have seen in these offers the evidence of the strongest disposition on the 
 part of the government, to deal justly and liberally with them. An am- 
 ple indemnity was offered for their present possessions, a liberal provi- 
 sion for their future support and improvement, and full security for their 
 private and political rights. Whatever difference of opinion may have 
 prevailed respecting the just claims of these people, there will probably 
 be none respecting the liberality of the propositions, and very little re- 
 specting the expediency of their immediate acceptance. They were, 
 however, rejected, and thus the position of these Indians remains un- 
 changed, as do the views communicated in my message to the senate of 
 February, 1830. 
 
 I refer you to the annual report of the secretary of the navy which 
 accompanies this message, for a detail of the operations of that branch 
 of the service during the present year. 
 
 Besides the general remarks on some of the transactions of our navy,. 
 presented in the view which has been taken of our foreign relations, I 
 seize this occasion to invite to your notice the increased protection which 
 it has afforded to our commerce and citizens on distant seas, without any 
 augmentation of the force in commission. In the gradual improvement 
 of its pecuniary concerns, in the constant progress in the collection of 
 materials suitable for use during future emergencies, and in the construc- 
 tion of vessels and the buildings necessasy to their preservation and re- 
 pair, the present state of this branch of the service exhibits the fruits of 
 that vigilance and care which are so indispensable to its efficiency. — Va- 
 rious new suggestions contained in the annexed report, as well as others 
 heretofore submitted to congress, are worthy of your attention; but none 
 more so than that urging the renewal, for another term of six years, of 
 the general appropriation for the gradual improvement of the navy. 
 
100 [Deceraber, 
 
 From the accompanying report of the post master general, you will 
 also perceive tliat that department continues to extend its usefulness with- 
 out impairing its resources, or lessening the accomodations which it af- 
 fords in tlie secure and rapid transportation of the mail. 
 
 I be"- leave to call the attention of congress to tlie views heretofore 
 expressed in relation to the mode of choosing the president and vice 
 president of tlie United States, and to those respecting the tenure of of- 
 fice "-enerally. — Still impressed with the justness of those views and with 
 the belief that the modifications suggested on those subjects, if adopted, 
 will contribute to the prosperity and harmony of the country, I earnest- 
 ly recommend them to your consideration at this time. 
 
 I have heretofore pointed out defects in the law for punishing official 
 frauds, especially within the District of Columbia. It has been found 
 almost impossible to bring notorious culprits to punisliment, and accord- 
 ing to tlie decision of the court for this district, a prosecution is barred 
 by the lapse of two years after the fraud has been committed. It may 
 happen again as it has already happened, that during the whole two 
 years, all the evidences of the fraud may be in the possession of the cul- 
 prit himself. However proper the limitation may be in relation to pri- 
 vate citizens, it would seem that it ought not to commence running in fa- 
 vor of public officers until they go out of office. 
 
 The judiciary system of the United States remains imperfect. Of the 
 nine western and south-western states, tliree only enjoy the benefits of a 
 circuit court. Ohio, Kentucky and Tennessee, are embraced in the ge- 
 neral system; but Indiana, Illinois, Missouri, Alabama, Mississippi and 
 Louisiana, have only district courts. If the existing system be a good one, 
 why should it not be extended.^ If it be a bad oae, why is it suffered to 
 exist.^ The new states were promised equal lights and privileges when 
 they came into the union, and such are the guarantees of the constitution. 
 Nothing can be more obvious than the obligation of the general govern- 
 ment to place all the stales on the same fooling, in relation to the admin- 
 istration of justice, and I trust this duty will be neglected no longer. 
 
 On many of the subjects to which your attention is invited in this com- 
 munication, it is a source of gratification to reflect that the steps to be 
 now adopted are uninfluenced by the embarrassments entailed upon the 
 country by the wars through which it has passed. In regard to most of 
 our great interests, we may consider ourselves as just starting in our 
 career, and, after a salutary experience, about to fix upon a permanent 
 basis the policy best calculated to promote the happiness of the people 
 and facilitate their progress towards the most complete enjoyment of 
 civil liberty. On an occasion so interesting and important in our history, 
 and of such anxious concern to the friends of freedom throughout the 
 world, it is our imperious duty to lay aside all selfish and local conside- 
 rations, and be guided by a lofty spirit of devotion to the great princi- 
 ples on which our institutions are founded. 
 
 That this government may be so administered as to preserve its ef- 
 ficiency in promoting and securing these general objects should be the 
 only aim of our ambition, and we cannot, therefore, too carefully exam- 
 ine its structure, in order that we may not mistake its powers, or as- 
 
1832.] 101 
 
 sume those which the people have reserved to themselves, or have pre- 
 ferred to assign to other ag-ents We should bear constantly in mind the 
 fact that the considerations which induced the framers of the constitu- 
 tion to withhold from the general government the power to regulate the 
 great mass of the business and concerns of the people, have been fully 
 justified by experience; and that it cannot now be douSted that the gen- 
 ius of all our institutions prescribes simplicity and economy as the cha- 
 racteristics of the reform which is yet to be effected in the present and 
 future execution of the functions bestowed on us by the constitution. 
 
 Limited to a general superintending power to maintain peace at home 
 and abroad, and to prescribe laws on a few subjects of general interest, 
 not calculated to restrict human liberty, but to enforce human rights, this 
 government will find its strength and its glory in the faithful discharge 
 of these plain and simple duties. Relieved by its protecting shield from 
 the fear of war and the apprehension of oppression, the free enterprise 
 of our citizens', aided by the states sovereignties, will work out improve- 
 ments and ameliorations which cannot fail to demonstrate that the great 
 truth, that the people can govern themselves, is not only realized in our 
 example, but that it is done by a machinery in government so simple 
 and economical as scarcely to be felt. That the Almighty Ruler of the 
 universe may so direct our deliberations, and overrule our acts as to 
 make us instrumental in securing a result so dear to mankind, is my most 
 earnest and sincere prayer. 
 
 ANDREW JACKSON. 
 December 4, 1832. 
 
 13 
 
PROCLAMATION 
 
 BY ANDREW JACKSON 
 
 PRESIDENT OF THE UNITED STATES. 
 
 December 10, 1832. 
 
PROCLAMATION 
 
 BY ANDREW JACKSON, 
 
 PRESIDENT OF THE UNITED STATES. 
 
 Whereas a convention assembled in the state of South Carolina have 
 passed an o^^dinance, by which they declare "that the several acts and 
 parts of acts of the congress of the United States, purporting to be laws 
 for the imposing of duties and imposts on the importation of foreign com- 
 modities, and now having actual operation and effect within the United 
 States, and more especially" two acts for the same purposes, passed on the 
 29thofMay, 1828, and on the 14th of July, 1832, "are unauthorised by the 
 constitution of the United States, and violate the true meaning and intent 
 thereof, and are null and void, and no law," nor binding on the citizens 
 of that state or its officers: and by the said ordinance it is further declared 
 to be unlawful for any of the constituted authorities of the state, or of 
 the United States, to enforce the payment of the duties imposed by the 
 said acts within the same state, and that it is the duty of the legislature 
 to pass such laws as may be necessary to give full effect to tile said 
 ordinance: 
 
 And whereas^ by the said ordinance it is further ordained, that, in no 
 case of law or equity, decided in the courts of said state, wherein shall 
 be drawn in question the validity of the said ordinance, or of the acts of 
 the legislature that may be passed to give it effect, or of the said laws of 
 the United States, no appeal shall be allowed to the supreme court of the 
 United states, nor shall any copy of the record be permitted or allowed 
 for that purpose; and that any person attempting to take such appeal 
 shall be punished as for a contempt of court: 
 
 And, finally, the said ordinance declares that the people of South 
 Carolina will maintain the said ordinance at every hazard; and they will 
 consider the passage of any act by congress abolishing or closing the 
 ports of the said state, or otherwise obstructing the free ingress or egress 
 of vessels to and from the said ports, or any otlier act of the federal 
 government to coerce the state, shut up her ports, destroy or harass her 
 commerce, or to enforce the said acts otherwise than through the civil 
 tribunals of the country, as inconsistent with the longer continuance of 
 South Carolina in the union; and that the people of the said state will 
 
106 [December, 
 
 thenceforth hold themselves absolved from all further obligation to 
 maintain or preserve their political connexion with the people of the 
 other states, and will forthwith proceed to organize a separate government, 
 and do all other acts and things which sovereign and independent states 
 may of right do: 
 
 Jlnd Kkereas tlie said ordinance prescribes to the people of South 
 Carolina a course of conduct, in direct violation of their duty as citizens 
 of the United States, contrary to the laws of their country, subversive 
 of its constitution, and having for its object the destruction of the union 
 
 that union, which, coeval with our political existence, led our fathers, 
 
 without any other ties to unite them than those of patriotism and a com- 
 mon cause, through a sanguinary struggle to a glorious independence — 
 that sacred union, hitherto inviolate, which, perfected by our happy 
 constitution, has brought us, by the favor of heaven, to a state of prosperity 
 at home, and high consideration abroad, rarely, if ever, equalled in the 
 history of nations. To preserve this bond of our political existence from 
 destruction, to maintain inviolate this state of national honor and prosperity, 
 and to justify the confidence my fellow citizens have reposed in me, I, 
 Andrew Jackson, president of the United States^ have thought proper 
 to issue this my PROCLAMATION, stating my views of the constitu- 
 tion and laws applicable to the measures adopted by the convention of 
 South Carolina, and to the reasons they have put forth to sustain them, 
 declaring the course which duty will require me to pursue, and, appeal- 
 ing to the understanding and partriotism of the people, warn them of the 
 consequences that must inevitably result from an observance of the dictates 
 of the convention. 
 
 Strict duty would require of me nothing more than the exercise of 
 those powers with which 1 am now, or may hereafter be, invested, for 
 preserving the peace of the union, and for the execution of the laws. 
 But the imposing aspect which opposition has assumed in this case, by 
 clothing itself with state authority, and the deep interest which the peo- 
 ple of the United States must all feel in preventing a resort to stronger 
 measures, while there is a hope that any thing will be yielded to reason- 
 ing and remonstrance, perhaps demand, and will certainly justify, a full 
 exposition to South Carolina and the nation of the views I entertain of 
 this important question, as well as a distinct enunciation of the course 
 which my sense of duty will require me to pursue. 
 
 The ordinance is founded, not on the indefeasible right of resisting 
 acts which are plainly unconstitutional, and too oppressive to be endured, 
 but on the strange position that any one state may not only declare an 
 act of congress void, but prohibit its execution — that they may do this 
 consistently with the constitution — that the true construction of that in- 
 strument permits a state to retain its place in the union, and yet be bound 
 by nootherof its laws than those it may choose to consider as constitution- 
 al. It is true, they add, that, to justify this abrogation of a law, it must be 
 palpably contrary to the constitution; but it is evident, that to give the 
 right of resisting laws of that description, coupled with the uncontrolled 
 right to decide what laws deserve that character, is to give the power of 
 resisting all laws. For, as by the theory there is no appeal, the reasons 
 
1832.] 107 
 
 alleged by the state, good or bad, must prevail. If it should be said 
 that public opinion is a sufficient check against the abuse of this power, 
 it may be asked why it is not deemed a suflicient guard against the pas- 
 sage of an unconstitutional act by congress. There is, however, a res- 
 traint in this last case, which makes the assumed power of a state more 
 indefensible, and which does not exist in the other. There arc two ap- 
 peals from an unconstitutional act passed by congress — one to thejudicary, 
 the other to the people and the states. There is no appeal from the 
 state decision in theory: and the practical illustration shows that the courts 
 are closed against an application to review it, both judges and jurors 
 being snorn to decide in its favor. But reasoning on this subject is 
 superfluous when our social compact in express terms declares, that the 
 laws of the United States, its constitution, and treaties made under it, 
 are the supreme law of the land: and, for greater caution, adds, "that 
 the judges in every state shall be bound thereby, any thing in the con- 
 stitution or laws of any state to the contrary notwithstanding." And it 
 may be asserted, without fear of refutation, that no federative govern- 
 ment could exist without a similar provision. Look for a moment to the 
 consequence. If South Carolina considers the revenue laws unconstitu- 
 tional, and have a right to prevent their execution in the port of Charles- 
 ton, there would be a clear constitutional objection to their collection in 
 every other port, and no revenue could be collected any where; for all 
 imposts must be equal. It is no answer to repeat that an unconstitutional 
 law, is no law% so long as the question of legality is to be decided by the 
 state itself; for every law operating injuriously upon any local interest will 
 be perhaps thought, and certainly represented, as unconstitutional, and, 
 as has been shown, there is no appeal. 
 
 If this doctrine had been established at an earlier day, the union would 
 have been dissolved in its infancy. The excise law in Pennsylvania, the 
 embargo and non-intercourse law in the eastern states, the carriage tax 
 in Virginia, were all deemed unconstitutional, and were more unequal in 
 their operation than any of the laws now complained of; but, fortunately, 
 none of those states discovered that they had the light now claimed by 
 South Carolina. The war into wdiich we were forced, to support the 
 dignity of the nation and the rights of our citizens, might have ended in 
 defeat and disgrace, instead of victory and honour, if the states, who sup- 
 posed it a ruinous and unconstitutional measure, had thought they possessed 
 the right of nullifying the act by which it was declared, and denying sup- 
 plies for its prosecution. Hardly and unequally as those measures bore 
 upon several members of the union, to the legislatures of none did this 
 efficient and peaceable remedy, as it is called, suggest itself. The dis- 
 covery of this important feature in our constitution was reserved to the 
 present day. To the statesmen of South Carolina belongs the invention, 
 and upon the citizens of that state will unfortunately fall the evils of re- 
 ducing it to practice. 
 
 If the doctrine of a state veto upon the laws of the union carries with 
 it internal evidence of its impracticable absurdity, our constitutional his- 
 tory will also afford abundant proof that it would have been repudiated 
 
108 . [December, 
 
 with indignation, liad it been proposed to Ibrm a feature in our govern- 
 ment. 
 
 In our colonial state, although dependent on another power, we very 
 early considered ourselves as connected by common interest with each 
 other. Leagues were formed for common defence, and before the Dec- 
 laration of Independence, w^e were known in our aggregate character as 
 THE United Colonies of America. That decisive and important slep 
 was taken jointly. We declared ourselves a nation by a joint, not by 
 several acts; and when the terms of our confederation were reduced to 
 form, it was in that of a solemn league of several slates, by which they 
 agreed that they would, collectively, form one nation for the purpose of 
 conducting some certain domestic concerns, and all foreign relations. In 
 the instrument forming that union, is found an article which declares that 
 "every state shall abide by the determinations of congress on all ques- 
 tions which by that confederation should be submitted to them." 
 
 Under the confederation, then, no state could legally annul a decision 
 of the congress, or refuse to submit to its execution; but no provision w^as 
 made to enforce these decisions. Congress made requisitions, but they 
 were not complied with. The government could not operate on individ- 
 uals. They had no judiciary, no means of collecting revenue. 
 
 But the defects of the confederation need not be detailed. — Under its 
 operation, we could scarcely be called a nation. We had neither pros- 
 perity at home nor consideration abroad. This state of things could not 
 be endured, and our present happy constitution was formed; but lormed 
 in vain, if this fatal doctrine prevails. It was formed for important ob- 
 jects that are announced in the preamble made in the name and by the 
 authority of the people of the United States, whose delegates framed, 
 and whose conventions approved it. The most important among these 
 objects, that which is placed first in rank, on which all the others rest, 
 is *''-to form a more 'perfect union?'' Now, is it possible that, even if there 
 were no express provision giving supremacy to the constitution and laws 
 of the United States over those of the states, it can be conceived, that an 
 instrument made for the purpose of '-forming a more perfect union^'^ than 
 that of the confederation, could be so constructed by the assembled wis- 
 dom of our country as to substitute for that confederation a form of gov- 
 ernment dependent for its existence on the local interest, the party spirit 
 of a state, or of a prevailing faction in a state? Every man of plain unso- 
 phisticatcd understanding, \vho hears the question, will give such an an- 
 swer as will preserve the union. Metaphysical subtlety, in pursuit of an 
 impracticable theory, could alone have devised one that is calculated to 
 destroy it. 
 
 I consider, then, tlie power to annul a law of the United States, as- 
 sumed by one state, incompatible w^ith the existence of the union, 
 
 CONTRADICTED EXPRESSLY BY THE LETTER OK THE CONSTITUTION, UN- 
 AUTHORIZED BY ITS SPIRIT,' INCONSISTENT WITH EVERY PRINCIPLE ON 
 WHICH IT WAS FOUNDED, AND DESTRUCTIVE OF THE GREAT OBJECT FOR 
 WHICH IT WAS FORMED. 
 
 After this general view of the leading principle, we must examine the 
 particular application ot it which is made in the oidinance. 
 
1832.] 109 
 
 The preamble rests its justification on these grounds: It assumes as a 
 fact, that the obnoxious laws, allhoui-h they purport to be laws lor raisin"" 
 revenue, were in reality intended lor the protection of manufactures*, 
 which purpose it asserts to be unconstitutional, — that the operation of 
 these laws is unequal; — that the amount laised by them is greater than is 
 required by the wants of the government;— and, finally, that the pro- 
 ceeds are to be applied to objects unauthorised by the constitution. 
 These are the only causes alleged to justify an open opposition to the 
 laws of the country, and a threat of seceding from the union, if any at- 
 tempt should be made to enforce them. The first virtually acknowledg- 
 es that the law in question was passed under a power expressly given by 
 the constitution, to lay and collect imposts; but its constitutionality is 
 drawn in question from the motives of those who passed it. — However 
 apparent this purpose may be in the present case, nothing can be more 
 dangerous than to admit the position that an unconstitutional purpose, en- 
 tertained by the members who assent to a law enacted under a constitu- 
 tional power, shall make that law void; for how is that purpose to be as- 
 certained? Who is to make the scrutiny? How often may bad purposes 
 be falsely imj)uted? in how ma;:iy cases are they concealed by false pro- 
 fessions? in how many is no declaration of motive made? — Admit this 
 doctrine, and you give to the states an uncontrolled right to decide, and 
 every law may be annulled under this pretext. If, therefore, the absurd 
 and dangerous doctrine should be admitted, that a state may annul an 
 unconstitutional law, or one that it deems such, it will not apply to the 
 present case. 
 
 The next objection is, that the laws in question operate unequally. 
 This objection may be made with truth to every law that has been or can 
 be passed. The wisdom of man never yet contrived a system of taxation 
 that would operate with perfect equality. If tiie unequal operation of a 
 law makes it unconstitutional, and if all laws of that description may be 
 abrogated by any state for that cause, then indeed is the federal constitu- 
 tion unworthy of the slightest effort for its preservation. We have hith- 
 erto relied on it as the perpetual bond of our union. We have received 
 it as the work of the assembled wisdom of the nation. We have trusted 
 to it as to the sheet anchor of our safety, in the stormy times of conflict 
 with a foreign or domestic foe. We liave looked to it with sacred awe 
 as the palladium of our liberties, and, with all the solemnities of religion, 
 have pledged to each other our lives and fortunes here, and our hopes of 
 happiness hereafter, in its defence and support. V/ere we mistaken, my 
 countrymen, in attaching this importance to the constitution of our coun- 
 try? Was our devotion paid to the wretched, inefficient, clumsy con- 
 trivance, which this new doctrine would make it? Did we pledge our- 
 selves to the support of an airy nothing — a bubble that must be blown 
 away by the first breath of disaffection? Was this self destroying, vi- 
 sionary theory, the work of the profound statesmen, the exalted patriots, 
 to whom the task of constitutional reform was entrusted? Did the name 
 of Washington sanction, did the states deliberately ratify, such an anom- 
 aly in the history of fundamental legislation? No. We were not mista- 
 14 
 
110 [December, 
 
 ken! The letter ot" this great instrument is free from this radical fault: 
 its language directly contradicts the imputation: its spirit — its evident in- 
 tent, contradicts it. No, we did not err! Our constitution does not con- 
 tain the absurdity of giving power to make laws, and another power to 
 resist them. The sages, whose memory will always be reverenced, have 
 given us a practical, and, as they hoped, a permanent constitutional com- 
 pact. I'he father of his country did not affix his revered name to so pal- 
 pable an absurdity. Nor did the states, when they severally ratified it, 
 do so under the impression that a veto on the laws of the United States 
 was reserved to tliem, or that they could exercise it by application. 
 Search the debates in all tlieir conventions — examine the speeches of the 
 most zealous opposers of federal authority — look at the amendments that 
 were proposed. They are all silent — not a syllable uttered, not a vote 
 given, not a motion made, to correct the explicit supremacy given to the 
 laws of the union over those of the states — or to show that implication, 
 as is now" contended, could defeat it. No, we have not erred! The 
 constitution is still tlie object of our reverence, the bond of our union, 
 our defence in danger, the source of our prosperity in peace. It shall de- 
 scend, as we have received it, uncorrupted by sophistical construction, 
 to our posterity; and the sacrifices of local interest, of state prejudices, 
 of personal animosities, that wTre made to bring it into existence, wilt 
 again be patriotically offered for its support. 
 
 The two remaining objections made by the ordinance to these laws are, 
 that the sums intended to be raised by them are greater than aie required, 
 and that the proceeds will be unconstitutionally employed. The consti- 
 tution has given expressly to congress the right of raising revenue, and 
 of determining the sum the public exigences will require. The states 
 have no control over the exercise of this right, other than that which re- 
 sults from the power of changing the representatives who abuse it, and 
 thus procure redress. Congress may undoubtedly abuse this discretion- 
 ary power, but the same may be said of others with which they are vest- 
 ed. Yet the discretion must exist somewhere. The constitution has 
 given it to the representatives of all the people, checked by the represen- 
 tatives of the states, and by the executive power. The South Carolina 
 construction gives it to the legislature or the convention of a single state, 
 where neither the people of the different states, nor the states in their se- 
 parate capacity, nor the chief magistrate elected by the people, have any 
 representation. Which is the most discreet disposition of the power? I 
 do not ask you, fellow-citizens, which is the constitutional disposition — 
 that instrument speaks a language not to be misunderstood. But if you 
 were assembled in general convention, which would you think the safest 
 depository of this discretionary power in the last resort? Would you add 
 a clause giving it to each of the states, or would you sanction the wise 
 provisions already made by your constitution? If this should be the re- 
 sult of your deliberations when providing for the future, are you — can 
 you — be ready to risk all that we hold dear, to establish, for a tempora- 
 ry and a local purpose, that which you must acknowledge to be destructive, 
 and even absurd, as a general provision? Carry out the consequences of 
 this right vested in the different states, and you must perceive that the 
 
1832.] . Ill 
 
 crisis your conduct presents al this day would recur wlienever any law 
 of the United States displeased any of the states, and that we should soon 
 cease to be a nation. 
 
 The ordinance, with the same knowledge of the future that character- 
 izes a former objection, tells you that the proceeds of the tax will be un- 
 constitutionally applied. If this could be ascertained with certainty, the 
 objection would, with more propriety, be reserved for the law so apply- 
 ing the proceeds, but surely cannot be urged against the laws levying the 
 dutv. 
 
 These are the allegations contained in the ordinance. Examine them 
 seriously, my fellow citizens— judge for yourselves. I appeal to you to 
 determine whether they are so clear, so convincing, as to leave no doubt 
 of their correctness: and even if you should come to this conclusion, how 
 far they justify the reckless, destructive course, which you are directed 
 to pursue. Review these objections, and the conclusions drawn from 
 them, once more. What are they.^ Every law, then, for raising revenue, 
 according to the South Carolina ordinance, may be rightfully annulled, 
 unless it be so framed as no law ever will or can be framed. Congress 
 have a right to pass laws for raising revenue, and each state has a right 
 to oppose their execution — two rights directly opposed to each other, 
 and yet is this absurdity supposed to be contained in an instrument drawn 
 for the express purpose of avoiding collisions between the states and the 
 general government, by an assembly of the most enlightened statesmen 
 and purest patriots ever embodied for a similar purpose. 
 
 In vain have these sages declared that congress shall have power to lay 
 and collect taxes, duties, imposts, and excises — in vain have they provid- 
 ed that they shall have power to pass laws which shall be necessary and 
 proper to carry those powers into execution; that those laws and that 
 constitution shall be the '^supreme law of the land; and that the judges in 
 every state shall be bound thereby, any thing in the constitution or laws 
 of any state to the contrary notwithstanding." In vain have the people 
 of the several states solemnly sanctioned these provisions, made them 
 their paramount law, and individually sworn to support them ^vhenever 
 they were called on to execute any office. Vain provisions! ineffectual 
 restrictions! vile profanation of oaths! miserable mockery of legislation! 
 if a bare majority of the voters in any one state ma}^ on a real or sup- 
 posed knowledge of the intent with which a law has been passed, declare 
 themselves free from its operation — say here it gives too little, there too 
 much, and operates unequally — here it suffers articles to be free that 
 ought to be taxed, there it taxes those that ought to be free — in this case 
 the proceeds are intended to be applied to purposes which we do not ap- 
 prove, in that the amount raised is more than is wanted. Congress, it is 
 true, are invested by the constitution with the right of deciding these 
 questions according to their sound discretion. Congress is composed of 
 the representatives of all the states and of all the people of all the states; 
 but WE, part of the people of one state, to whom the constitution has 
 given no power on the subject, from whom it has expressly taken it away 
 — loe, who have solemnly agreed that this constitution shall be our law — 
 wCj most of whom have sworn to support it — we, now abrogate this law, 
 
112 [December. 
 
 and swear, and force others to swear, that it shall not be obeyed — and 
 we do this, not because congress have no right to pass such laws; this 
 we do not allege; but because they have passed them with improper 
 views. T/iey are unconstitutional from the motives of those who passed 
 them, which we can never with certainty know% from their unequal ope- 
 ration; although it is impossible from the nature of things that ihey should 
 be equal — and from the disposition which we presume may be made of their 
 proceeds, although that disposition has not been declared. Tliis is the 
 ])lain meaning of the ordinance m relation to laws which it abrogates for 
 alleged unconstitutionality. But it does not stop there. It repeals, in 
 express terms, an important part of the constitution itself, and of laws 
 passed to give it effect, which have never been alleged to be unconstitu- 
 tional. The constitution declares that the judicial powers of the United 
 States extend to cases arising under the laws of the United States, and 
 that such laws, the constitution and treaties shall be paramount to the 
 state constitutions and laws. The judiciary act prescribes the mode by 
 which the case may be brought before a court of the United States, by 
 appeal, when a state tribunal shall decide against this provision of the 
 constitution. The ordinance declares there shall be no appeal; makes the 
 state law paramount to the constitution and laws of the United States; 
 forces judges and jurors to swear that they w^ill disregard their provi- 
 sions; and even makes it penal in a suitor to attempt relief by appeal. It 
 further declares that it shall not be lawful for the authorities of the United 
 States, or of that state, to enforce the payment of duties imposed by the 
 revenue laws within its limits. 
 
 Here is a law of the United States, not even pretended to be uncon- 
 stitutional, repealed by the authority of a small majority of the voters 
 of a single state. Here is a provision of the constitution which is solemn- 
 ly abrogated by the same autliority. 
 
 On such expositions and reasonings, the ordinance grounds not only 
 an assertion of the right to annul the laws of wiiieh it complains, but 
 to enforce it by a threat of seceding from the union, if any attempt is 
 made to execute them. 
 
 This right to secede is deduced from the nature of the constitution, 
 which, they say, is a compact between sovereign states, who have pre- 
 served their whole sovereignty, and, therefore, are subject to no superi- 
 or, that, because they made the compact, they can break it when, in 
 'their opinion, it has been departed from by the other states. Fallacious 
 as this course of reasoning is, it enlists state pride, and finds advocates 
 in the honest prejudices of those who have not studied the nature of our 
 government sufficiently to see the radical error on wiiich it rests. 
 
 The people of the United States formed the constitution, acting 
 through the state legislatures in making the compact, to meet and dis- 
 cuss its provisions, and acting in separate conventions when they ratified 
 those provisions; but the terms used in its construction, show it to be a 
 government in which the people of all the states collectively are repre- 
 sented. We are one people in the choice of the president and vice 
 president. Here the states liave no other agency than to direct the mode 
 in which the votes shall be given. The candidates having the majority 
 
1832] 113 
 
 of all the votes are chosen. The electors of a majority of states may 
 have given their votes for one canuldate, and yet another may be 
 chosen. The people, then, and not the states, are represented in the 
 executive branch. 
 
 In the house of representatives there is this difference, that the people 
 of one state do not, as in the case of president and vice president, all 
 vote for the same otficers. The people of all the states do not vote for 
 all the members, each state electing only its own representatives. But 
 this creates no material distinction. When chosen, they are all repre- 
 sentatives of the United States, not representatives of the particular 
 state from which they come. They are paid by the United States, not 
 by the state; nor are they accountable to it for any act done in the per- 
 formance of their legislative functions; and, however they may in practice, 
 as it is their duty to do, consult and prefer the interests of their particular 
 constituents when they come in conflict with any other partial or local 
 interest, yet it is their first and highest duty, as representatives of the 
 United States, to promote the general good. 
 
 The constitution of the United States, then, forms a government, not 
 a league; and whether it be formed by compact between the states, or in 
 any other manner, its character is the same. It is a government in which 
 all the people are represented, which operates directly on the people 
 individually, not upon the states: they retained all the power they did 
 not grant. But each state having expressly parted with so many powers 
 as to constitute, jointly with the other states a single nation, can' not from 
 that period possess any right to secede, because such secession does not 
 break a league, but destroys the unity of a nation; and any injury to 
 that unity is not only a breach which would result from the contraven- 
 tion of a compact, but it is an offence against the whole union. To say 
 that any state may at pleasure secede from the union, is to say that the 
 United States are not a nation; because it would be a solecism to con- 
 tend that any part of a nation might dissolve its connexion w^ith the other 
 parts, to their injury or ruin, without committing any offence. Seces- 
 sion, like any other revolutionary act, may be morally justified by the 
 extremity of oppression; but to call it a constitutional- right is confound- 
 ing the meaning of terms; and can only be done through gross error, or 
 to deceive those who are willing to assert a right, but would pause be- 
 fore they made a revolution, or incur the penalties consequent on a failure. 
 
 Because the union was formed by compact, it is said the parties to that 
 compact may, when they feel themselves aggrieved, depart from it: but 
 it is precisely because it is a compact that they cannot. A compact is 
 an agreement or binding obligation. It may, by its terms, have a sanc- 
 tion or penalty for its breach, or it may not. — If it contains no sanction, 
 it may be broken with no other consequence than moral guilt: if it have 
 a sanction, then the breach incurs the designated or implied penalty. 
 A league between independent nations, generally, has no sanction other 
 than a moral one; or, if it should contain a penalty, as there is no com- 
 mon superior, it cannot be enforced. A government, on the contrary, 
 always has a sanction, expressed or implied; and, in our case, it is both 
 necessarily implied and expressly given. An attempt by force of arms 
 to destroy a government, is an offence, by whatever means the constitu- 
 
114 [December, 
 
 tional compact may have been formed; and such government has the 
 rio-ht, by the law of self-defence, to pass acts for punishing the offender, 
 unless that right is modified, restrained, or resumed, by the constitutional 
 act. In our system, although it is modified in the case of treason, yet 
 authority is expressly given to pass all laws necessary to carry its pow- 
 ers into elfect, and under this grant provision' has been made for 
 punishin? acts which obstruct the due administration of the laws. 
 
 Il would seem superfluous to add any thing to show the nature of that 
 union which connects us; but as erroneous opinions on this subject are 
 the foundation of doctrines the most destiuctive to our peace, I must 
 give some further development to my views on this subject. No one, 
 fellow citizens, has a higher reverence for the reserved rights of the 
 states, than the magistrate who now addresses you. No one would 
 make greater personal sacrifices, or official exertions, to defend them 
 from violation; but equal care must be taken to prevent on their part an 
 improper interference with, or resumption ot;the rights they have vested 
 in the nation, llie line has not been so distinctly drawn as to avoid 
 doubts in some cases of the exercise of power Men of the best inten- 
 ' tions and soundest views may differ in their construction of some parts 
 of the constitution: but there are others on which dispassionate reflec- 
 tion can leave no doubt. Of this nature appears to be the assumed right 
 of secession — It rests, as we have seen, on the alleged undivided sover- 
 ei'^nity of the states, and on their having formed in this sovereign capa- 
 city a compact which is called the constitution, from which because they 
 made it, they have the right to secede. Both of these positions are er- 
 roneous, and some of the arguments to prove them so have been antici- 
 pated. 
 
 The states severally have not retained their entire sovereignty. It 
 has been shown that in becoming parts of a nation, not members of a 
 leao-ue, they surrendered many of their essential parts of sovereignty. 
 The right to make treaties— declare war — levy taxes — exercise exclu- 
 sive judicial and legislative powers — were all of them functions of sover- 
 eign power. The states, then, for all these important purposes, were 
 no lon<'-er sovereign. The allegiance of their citizens was transferred, 
 in the first instance, to the government of the U. States — they became 
 American citizens, and owed obedience to the constitution of the U. States, 
 and to laws made in confcrmity with the powers it vested in congress. — 
 This last position has not been, and cannot be denied. How then can 
 that state be said to he soveieign and independent, whose citizens owe 
 obedience to laws not made by it, and whose magistrates are sworn to 
 disregard those laws, when they come in conflict with those passed by 
 anotlier? What shows conclusively that the states cannot be said to have 
 reserved an undivided sovereignty, is, that they expressly ceded the 
 right to punish treason — not treason against their separate power — but 
 treason against the United States. Treason is an olfence against sovcr- 
 cii;nt}j, and sovereignty must reside with the power to punish it. But 
 the reserved rights ot the states are not less sacred, because they have 
 for their common interest made the general government the depository of 
 ihese powers. The unity of our political character (as has been shown 
 
1832.] 115 
 
 for another purpose) commenced with its very existence. Under the 
 royal government we had no separate character— our opposition to its 
 oppressions began as United Colonies. We were the United States 
 under the confederation, and the name was perpetuated, and the union 
 rendered more perfect, by the federal constitution. In none of these 
 stages did we consider ourselves in any other light than as forming one 
 nat?on. Treaties and alliances were made in the name of all. Troops 
 were raised for the joint defence. How, then, with all these proofs, 
 that under all changes of our position we had, for designated purposes 
 and with defined powers, created national governments— how is it, that, 
 the most perfect of those several modes of union should now be consi(l- 
 ered as a mere league, that may be dissolved at pleasure? It is 
 from an abuse of terms. Compact is used as synonymous with league, 
 although the true term is not employed, because it would at once shew 
 the fallacy of the reasoning. It would not do to say that our constitu- 
 tion was only a league, but, it is labored to prove it a compact, (which 
 in one sense it is) and then to argue that as a league is a compact, every 
 compact between nations must of course be a league, and that Irom such 
 an engagement every sovereign power has a right to recede. But it 
 has been shown, that in this sense the states are not sovereign, and that 
 even if they were, and the national constitution had been formed by 
 compact, there would be no right in any one state to exonerate itself 
 from its obligations. . i • • 
 
 So obvious are the reasons which forbid this secession, that it is ne- 
 cessary only to allude to them. The union was formed for the benefit of 
 all It was produced by mutual sacrifices of interests and opinions. 
 Can those sacrifices be recalled? Can the states who magnanimously 
 surrendered their title to the territories of the west, recall the grant? 
 Will the inhabitants of the inland states agree to pay the duties that may 
 be imposed without their assent by those on the Atlantic or the gulf for 
 their own benefit? Shall there be a free port in one state, and onerous 
 duties in another? No one believes that any right exists in a single state 
 to involve all tlie others in these and countless other evils, contrary to 
 the engagements solemnly made. Every one must see that the other 
 states, myself defence, must oppose at all hazards. 
 
 These are the alternatives that are presented by the convention: a re- 
 peal of all the acts for raising revenue, leaving the government without 
 the means of sup'port; or an acquiescence in the dissolution of the union 
 by the secession of one of its members. When the first was proposed, 
 it was known that it could not be listened to for a moment. It was 
 known if force was applied to oppose the execution of the laws, that it 
 must be repelled by force—that congress could not, without involving 
 itself in diso-race, and the country in ruin, accede to the proposition; and 
 •yet if this i'^s not done in a given day, or if any attempt is made to exe- 
 cute the laws, the state is, by the ordinance, declared to be out of the 
 union The majority of a convention assembled for the purpose have 
 dictated these terms, or rather this rejection of all terms, in the name of 
 the people of South Carolina. It is true that the governor of the state 
 speaks of the submission of their grievances to a convention ot all the 
 
116 [December, 
 
 states; which, he says, they "sincerely and anxiously seek and desire." 
 Yet tills obvious and constitutional mode of obtaining the sense of the 
 other states on the construction of the federal comp:\ct, and amending it, 
 if necessary, has never been attempted by those who have urged the 
 state on this destructive measure. The state might have proposed the 
 call for a £:eneral convention to the other states; and congress, it a suffi- 
 cient number of them concurred, must have called it. But the first mag- 
 istrate of South Carolina, when he expressed a hope that, "on a review 
 by congress and tlie functionaries of the general government of the merits 
 of the controversy," such a convention will be accorded to them, 
 must have known that neither con^zress nor any functionary of the gener- 
 al {rovernment lias authority to call such a convention, unless it be de- 
 manded by two thirds of the states. This suggestion, then, is another 
 instance of the reckless inattention to the provisions of the constitution 
 with which this crisis has been madly huri-ied on; or of the attempt to 
 persuade the peoj)le that a constitutional remedy had been sought and re- 
 fused. If the leicislature of South Carolina "anxiously desire" a general 
 convention to consider their complaints, why have they not made appli- 
 cation for it in tlie way the constitution points out? The assertion that 
 they ^'•earnestly seek" it, is completely negatived by the omission. 
 
 This, then, is the position in which we stand. A small majority of the 
 citizens of one state in the union have elected delegates to a state con- 
 vention: that convention has ordained that all the revenue laws of the 
 United States must be repealed, or that they are no longer a member of 
 the union. The governor of that state has recommended to the legisla- 
 ture the raising of an army to carry the secession into effect, and that 
 he may be empowered to give clearances to vessels in the name of the 
 state. No act of violent opposition to the laws has yet been committed, 
 but such a state of things is hourly apprehended, and it is the intent of 
 this instrument to procl.^im not only that the duty imposed on me by the 
 constitution "to take care that the laws be faithfully executed," shall be 
 performed to the extent of the powers already vested in me by law, or 
 of such other as the wisdom of congress shall devise and entrust to me 
 for that purpose; but to warn the citizens of South Carolina, who have 
 been deluded into an opposition to the laws, of the danger they will in- 
 cur by obedience to the illegal and disorganizing ordinance of the con- 
 vention, — to exhort those who have refused to suppoi't it to persevei-c in 
 their determination to uphold the constitution and laws* of their country, 
 and to point out to all the perilous situation into which the good people 
 of that state have been led, — and that the course they are urged to 
 pursue is one of ruin and disgrace to the very state whose rights they 
 alVect to su[)port. 
 
 Fellow citizens of my native state! — let me not only admonish you, as 
 the first magistrate of our common country, not to incur the penalty of 
 its laws, but use the influence that a father would over his children whom 
 he saw rushing to certain ruin. In that paternal language, with that pa- 
 ternal feeling, let me tell you, my countrymen, that you are deluded by- 
 men who are either deceived themselves, or wish to deceive you. Mark 
 under what pretences you have been led on to the brink of insurrection 
 
1832.] 117 
 
 and treason, on which you stand! First,'a diminution of the value of your 
 staple commodit)^ lowered by over production in other quarters, and the 
 consequent diminution in the value of your lands, were the sole etfect of 
 the tariff laws. The effect of those laws are confessedly injurious, but 
 the evil was greatly exaggerated by the unfounded theory you were 
 taught to believe, that its burthens were in proportion to your exports, 
 not to your consumption of imported articles. Your pride was roused 
 by the assertion that a submission to those laws was a state of vassalage, 
 and that resistance to them was equal, in patriotic merit, to the opposi- 
 tion our fathers offered to the oppressive laws of Great Britain. You 
 were told that this opposition might be peaceably — might be constitu- 
 tionally made — that you might enjoy all the advantages of the union and 
 bear none of its burthens. 
 
 Eloquent appeals to your passions, to your state pride, to your native 
 courage, to your sense of real injury, were used to prepare you for the 
 period when the mask which concealed the hideous features of disunion 
 should be taken off. It fell, and you were made to look with compla- 
 cency on objects which, not long since, you would have regarded with 
 horror. Look back at the arts which have brought you to this state — 
 look forward to the consequences to wdiich it must inevitably lead. 
 Look back to what was first told you as an inducement to enter into this 
 dangerous course. The great political truth was repeated to you, that 
 you had the revolutionary right of resisting all laws that were palpably 
 unconstitutional and intolerably oppressive — it was added that the right 
 to nullify a law rested on the same principle, but that it was a peaceable 
 remedy! This character which was given to it, made you receive, with 
 loo much confidence, the assertions that w^eremadeof the unconstitution- 
 ality of the law, and its oppressive effects. Mark, my fellow citizens, 
 that by the admission of your leaders, the unconstitutionality must be 
 palpable^ or it will not justify either resistance or nullification! What is 
 the meaning of the word palpable, in the sense in which it is here used? 
 — that which is apparent to every one; that w^hich no man of ordinary 
 intellect will fail to perceive. Is the unconstitutionality of these laws of 
 that description.'' Let those among your leaders who once approved and 
 advocated the principle of protective duties, answer the question; and let 
 them choose whether they will be considered as incapable, then, of per- 
 ceiving that which must have been apparent to every man of common 
 understanding, or as imposing upon your confidence, and endeavoring to 
 mislead you now. In either case, they are unsafe guides in the perilous 
 path they urge you to tread. Fonder well on this circumstance, and you 
 will know how to appreciate the exaggerated language they address to 
 you. They are not champions of liberty, emulating the fame of our 
 revolutionary fathers; nor are you an oppressed people, contending, as 
 they repeat to you, against worse than colonial vassalage. Vou are tree 
 members of a flourishing and happy union. There is no settled design 
 to oppress you. You have indeed felt the unequal operation of laws 
 which may have been unwisely, not unconstitutionally passed: but that 
 inequality must necessarilv be removed. At the very moment when you 
 15 
 
118 [December, 
 
 were madly urged on the unfortunate course you have begun, a change 
 in public opinion had commenced. The nearly approaching payment of 
 the public debt, and the consequent necessity of a diminution of duties, 
 had already produced a considerable reduction, and that too on some ar- 
 ticles of general consumption in your state. The importance of this 
 change was understood, and you were authoritatively told, that no fur- 
 ther alleviation of your burthens was to be expected, at the very time 
 when the condition of the country imperiously demanded such a modifi- 
 cation of the duties as should reduce them to a just and equitable scale. 
 But, as if apprehensive of the effect of this change in allaying your dis- 
 contents, you were precipitated into the fearful state in which you now 
 find yourselves. 
 
 I have urged you to look back to the means that W'ere used to hurry 
 you on to the ])osition you have now assumed, and forward to the conse-' 
 quences it will produce. Something more is necessary. Contemplate 
 the condition of that country of which you still form an important part! 
 Consider its government, uniting in on one bond of common interests and 
 general protection so many different states, giving to all their inhabitants 
 the proud title of American citizens, protecting their commerce, secur- 
 ing their literature and their arts, facilitating their intercommunication, 
 defending their frontiers, and making their name respected in the re- 
 motest parts of the earth.^ Consider the extent of its territory, its in- 
 creasing and happy population, its advance in arts, w^hich render life 
 agreeable, and the sciences which elevate the mind! See education 
 spreading the lights of religion, humanity, and general information into 
 every cottage in this wnde extent of our teiritories and states! Behold 
 it as the asylum w^here the wretched and the oppressed find a refuge and 
 support! Look on this picture of happiness and honor, and say — we, 
 TOO, ARE CITIZENS OF AMERICA*, Carolina is one of these proud states: 
 her arms have defended, her best blood has cemented this happy union! 
 And then add, if you can, w'ithout horror and remorse, this happy union 
 we will dissolve — this picture of peace and prosperity we will deface — this 
 free intercourse we will interrupt — these fertile fields we will deluge with 
 blood — the protection of that glorious flag we renounce — the very names 
 of Americans we discard. And for what, mistaken men! — for what do 
 you throw away these inestimable blessings — for what would you ex- 
 change your share in the advantages and honor of tlie union? For the 
 dream of a separate independence — a dream interrupted by bloody con- 
 flicts with your neighbors, and a vile dependence on a foreign power. If 
 your leaders could succeed in establishing a separation, what would be 
 your situation? Arc you united at home — are you free from the appre- 
 hension of civil discord, with all its fearful consequences? Do our neigh- 
 boring republics, every day suffering some new revolution or contend- 
 ing with some new insurrection— do they excite your envy? But the 
 dictates of a high duty oblige me solemnly to announce that you cannot 
 succeed. 
 
 The laws of the United Slates must be executed. I have no dis- 
 cretionary power on the subject— my duty is emphatically pronounced 
 in the constitution. Those who told you that you might peaceably 
 
1832.] 119 
 
 prevent their execution, deceived you — they could not have been deceiv- 
 ed themselves. They know that a forcible opposition could alone 
 prevent the execution of the laws, and they know that such opposition 
 must be repelled. Their object is disunion; but be not deceived by 
 names; disunion, by armed force, is treason. Are you really ready to incur 
 its guilt.? If you are, on the heads of the instigators of the act be the 
 dreadful consequences — on their heads be the dishonor, but on yours 
 may fall the punishment— on your unhappy state will inevitably fall all 
 the evils of the conflict you force upon the government of your country. 
 It cannot accede to the mad project of disunion of which you would be 
 the first victims — its first magistrate cannot, if he would, avoid the per- 
 formance of his duty — the consequence must be fearlul for you, dis- 
 tressing to your fellow citizens here, and to the friends of good go- 
 vernment throughout the world. Its enemies have beheld our prosperi- 
 ty with a vexation they could not conceal — it was a standing refutation 
 of their slavish doctrines, and they will point to our discord with the 
 triumph of malignant joy. It is yet in your power to disappoint them. 
 There is yet time to show that the descendants of the Pinckneys, the 
 Sumpters, the Rutledges; and of the thousand other names which adorn 
 the pages of your revolutionary history will not abandon that union to 
 support which, so many of them fought, and bled, and died. I adjure 
 you as you honor their memory — as you love the cause of freedon, to 
 which they dedicated their lives — as you prize the peace of your coun- 
 try, the lives of its best citizens, and your own fair fame, to retrace 
 your steps. Snatch from the archives of your state the disorganizing 
 edict of its convention — bid its members to re-assemble and promulgate 
 the decided expressions of your will to remain in the path which alone 
 can conduct you to safety, prosperity and honor — tell them that com- 
 pared to disunion, all other evils are light, because that brings with it an 
 accumulation of all — declare that you will never take the field unless 
 the star spangled banner of your country shall float over you — that you 
 will not be stigmatized when dead, and dishonored and scorned while 
 you live, as the authors of the first attack on the constitution of your 
 country! — Its destroyers you cannot be. You may disturb its peace — 
 you may interrupt the course of its prosperity — you may cloud its repu- 
 tation for stability — but its tranquillity will be restored, its prosperity 
 will return, and the stain upon its national character will be tiansferred, and 
 remain an eternal blot on the memory of those who caused the disorder. 
 Fellow citizens of the United States! The threat of unhallowed 
 disunion — the names of those, once respected, by whom it is uttered — 
 the array of military force to support it — denote the approach of a cri- 
 sis in our affairs on which the continuance of our unexampled prosperi- 
 ty, our political existence, and perhaps that of all free governments may 
 depend. The conjunction demanded a free, a full, and explicit enuncia- 
 tion, not only of my intentions but of my principles of action; and as the 
 claim was asserted of a right by a state to annul the alws of the union and 
 even to secede from it at pleasure, a frank exposition of my opinions in rela- 
 tion to the origin and form of our government, and the construction I 
 give to the instrument by which it was created, seemed to be proper. 
 
120 [December, 
 
 Having the fullest confidence in the justness of the legal and constitution- 
 al opiiuon of my duties which has been expressed, I rely with equal con- 
 fidence on your undivided support in my determination to execute the 
 
 ]aws to preserve the union by all constitutional means — to arrest, if 
 
 possible, by moderate but firm measures, the necessity of a recourse to 
 force; and, if it be the will of heaven that the recurrence of its primeval 
 curse' on man for the shedding of a brother's blood should fall upon our 
 land, that it be not called down by any offensive act on the part of the 
 United States. 
 
 Fellow citizens! The momentous case is before you. On your un- 
 divided support of your government depends the decision of the great 
 question it involves, whether your sacred union will be preserved, and 
 the blessing it secures to us as one people shall be perpetuated. No one 
 can doubt tliat the unanimity with which that decision will be expressed, 
 will be such as to inspire new confidence in republican institutions, and 
 that the prudence, the wisdom and the courage which it will bring to 
 their defence, will transmit them unimpaired and invigorated to our 
 children. 
 
 May the Great Ruler of nations grant that the signal blessings with 
 which He has favored ours, may not, by the madness of party or person- 
 al ambition, be disregarded and lost: and may His wise Providence bring 
 those who have produced this crisis, to seethe folly, before they feel the 
 misery of civil strife: and inspire a returning veneration for that union 
 which, if we may dare to penetrate His designs, He has chosen as the 
 only means ot attaining the high destinies to which we may reasonably 
 aspire. 
 
 In testimony whereof, I have caused the seal of the United States to 
 be hereunto affixed, having signed the same with my hand. 
 
 Done at the city of Washington this 10th day of December, in the 
 year of our Lord, one thousand eight hundred and thirty-two and of the 
 Independence of the United States the fifty-seventh. 
 
 ANDREW JACKSON. 
 
 By the President. 
 Ewd. Livingstoiiy Secretary of State. 
 
MESSAGE TO CONGRESS 
 
 COMMUNICATED. 
 
 JANUARY 16, 1833. 
 
MESSAGE TO CONGRESS- 
 
 Coniinimicatef] January^ 16, 1833. 
 
 Gentlemen of the Senate 
 
 and House of Representatives: 
 
 IN my annual message, at the commencement of your present session, 
 I adverted to the opposition to the revenue laws in a particular quarter 
 of the United States, which threatened, not merely to thwart their exe- 
 cution, but to endanger the integrity of the union. And, although I then 
 expressed my reliance that it might be overcome by the prudence of the 
 officers of the United States, and the patriotism of the people, I stated 
 that should the emergency arise, rendering the execution of the existing 
 laws impracticable, from any cause whatever, prompt notice should be 
 given to congress, with the suggestion ot such views and measures as 
 might be necessary to meet it. 
 
 Events which have occurred in the quarter then alluded to, or which 
 have come to my knowledge subsequently, present this emergency. 
 
 Although unknown to me at the date of the annual message, the con- 
 vention which assembled at Columbia, in the State of South Carolina, 
 passed, on the 24th of November last, an ordinance declaring certain acts 
 of congress therein mentioned within the limits of that state to be abso- 
 lutely null and void, and making it the duty of the legislature to pass 
 such laws as would be necessary to carry the same into effect, fro.m and 
 after the 1st of February next. A copy of that ordinance has been offi- 
 cially transmitted to me by the governor of South Carolina, and is now 
 communicated to congress. 
 
 The consequences to which this extraordinary defiance of the just au- 
 thority of the government might too surely lead were clearly foreseen, 
 and it was impossible for me to hesitate as to my own duty in such an 
 emergency. The ordinance had been passed, however, without any 
 certain knowledge of the recommendation, which, from a view of the 
 interests of the nation at large, the executive had determined to submit 
 to congress, and a hope was indulged that by frankly explaining his 
 sentiments and the nature of those duties wliich the crisis would devolve 
 upon him, th*^ authorities of South Carolina might be induced to retrace 
 
124 [January, 
 
 their steps. In this hope I determined to issue my proclamation of the 
 11th of December last, a copy of which I now Liy before congress. 
 
 I re"-ret to inform you that these reasonable expectations have not 
 been i-ealized, and that the several acts of the legislature of South Car- 
 olina, which I now lay before you, and whicli have all and each of thern 
 finally passed after a"^knowledge of the desire of the administration to 
 modify the laws complained of, are too well calculated, both in their 
 positive enactments and in the spirit of opposition wdiich they obviously 
 encourao-e, wholly to obstruct the collection of the revenue within the 
 limits of that state. 
 
 Up to this period, neither the recommendation of the executive, in 
 re"-ard to our financial policy and impost system, nor the disposition man- 
 ifested by congress promptly to act upon that subject, nor the unequivo- 
 cal expression of the public will in all parts of the union, appears to have 
 produced any relaxation in tiie measures of opposition adopted by the 
 state of South Carolina, nor is there any reason to hope that the ordi- 
 nance and laws will be abandoned. 1 have no knowledge that an attempt 
 has been made, or that it is in contemplation to re-assemble either the 
 convention or the legislature; and it will be perceived, that the interval 
 before the 1st of February is too short to admit of the preliminary steps 
 necessary for that purpose. It appears, moreover, that the state 
 authorities are actively organizing their military resources, and provid- 
 ing the means, and giving the most solemn assurances of protection and 
 support to all who shallyenlist in opposition to the revenue laws. A re- 
 cent proclamation of the present governor of South Carolina has openly 
 defied the authority of the executive of the union, and general orders 
 from the head-quaiters of the state have announced his determination to 
 accept the services of volunteers, and his belief, that should their coun- 
 try need their services, they will be found at the post of honor and duty, 
 ready to lay down their lives in her defence. Under these orders, the 
 forces referred to, are directed to ^'•hold themselves in readiness to take 
 tlie field in a moment's waining," and in the city of Charleston — within 
 a collection district, and a port of entry, a rendezvous has been 
 opened for the purpose of enlisting men for the magazine and municipal 
 ofuard. Thus South Carolina presents in the attitude of hostile prepara- 
 tion, and ready even for military violence if need be, to enforce her 
 la^vs for preventing the collection of the duties within her limits. 
 
 Proceedings thus announced and matured must be distinguished from 
 nienances of unlawful resistance by irregular bodies of people, who, 
 acting under temporary delusion, may be restrained by leflection and 
 the infiuence of public opinion Irom the commission of actual outrage. 
 In the present instance aggression may be regarded as committed when 
 it is ofiicially authorised, and the means of enforcing it fully provided. 
 
 Under these circumstances, there can be no doubt that it is tiie deter- 
 mination of the authorities of South Carolina, fully to carry into elfect 
 their ordinance and laws, after the first of February. It therefore be- 
 comes my duty to bring the subject to the serious consideration of con- 
 gress, in order that such measures as they, in their wisdom may deem fit, 
 shall be seasonably provided, and that it may be thcreU*^ understood. 
 
1833.] 125 
 
 that while the government is disposed to remove all just cause of com- 
 plaint, as far as may be practicable, consistently with a proper regard 
 to the interests of the community at large, it is nevertheless determined 
 that the supremacy of the laws shall be maintained. 
 
 In making this communication, it appears to me to be proper, not 
 only that I should lay before you the ads and proceedings of South 
 Carolina, but that I should also fully acquamt you with those steps which 
 I have already caused to be taken for the due collection of the revenue, 
 and with my views of the subject generally, that the suggestions which 
 the constitution requires me to make in regard to your future legislation, 
 may be better understood. 
 
 This subject having early attracted the anxious attention of the execu- 
 tive, as soon as it was probable that the authorities of South Carolina 
 seriously meditated resistance to the faithful execution of the revenue 
 laws, it was deemed advisable, that the secretary of the treasury should 
 particularly instruct the officers of the United States, in that part of the 
 union, as to the nature of the duties prescribed by the existing laws. 
 
 Instructions were accordingly issued on the 6th of November to the 
 collectors in that state, pointing out their respective duties, and enjoining 
 upon each a firm and vigilant, but discreet performance of them in the 
 emergency then apprehended. I herewith transmit copies of these in- 
 structions and of the letter addressed to the district attorney, requesting 
 his co-operation. 
 
 These instructions were dictated in the hope that as the opposition to 
 the laws by the anomalous proceeding of nullification was represented to 
 be of a pacific nature, to be pursued substantially according to the forms 
 of the constitution, and without resorting, in any event, to force or vio- 
 lence, the measures of its advocates would be taken in conformity with 
 that profession; and, on such supposition, the means aiforded by the ex- 
 isting laws would have been adequate to meet any emergency likely to 
 arise. 
 
 It was, however, not possible altogether to suppress apprehension of 
 the excesses to which the excitement prevailing in that quarter mi"-ht 
 lead; but, it certainly was not foreseen tha the meditated obstruction to 
 the laws would so soon openly assume its present character. 
 
 Subsequently to the date of those instructions, however, the ordinance 
 of the convention was passed, which, if complied with by the people of 
 that state, must effectually render inoperative the present revenue laws 
 within her limits. That ordinance declares and ordains "that the sev- 
 eral acts and parts of acts of the congress of the U. States, purporting- to 
 be laws for the imposing of duties and imposts on the importation of 
 foreign commodities," and now having operation and effect within the 
 United States, and more especially "an act in alteration of these several 
 acts imposing duties on imports," approved on the 1 9th of May, 1828, 
 and also an act entitled "an act to alter and amend the several acts im- 
 posing duties on imports," approved on the 14th July, 1832, are un- 
 authorised by the constitution of the United States, and violate the true 
 intent and meaning thereof, and are null and void, and no law; nor bind- 
 16 
 
126 [January, 
 
 ing upon the state of Soutii Carolina, its oflicers and citizens; and all 
 promises, contracts and obligations made or entered into, or to be made 
 or entered into, with purpose to secure the duties imposed by the said 
 acts, and all judicial proceedings which shall be hereafter had in affirm- 
 ance thereof, are and shall be held utterly null and void. 
 
 It also ordains ''that it shall not be lawful for any of the constituted 
 authorities, wfiether of the state of South Carolina, or of the United 
 States, to enforce the payment of duties imposed by the said acts within 
 the limits of the state: but that it shall be the duty of the legislature to 
 adopt such measures and pass such acts as may be necessary to give full 
 effect to this ordinance, and to prevent the enforcement and arrest the 
 operation of the said acts and parts of acts of the congress of the United 
 States, witliin the limits of the state, from and after the 1st of February 
 next; and that itsiiall be the duty of all other constituted authorities, and 
 of all persons residing or being wnihin the limits of the state, and they 
 are hereby required and enjoined, to obey and give effect to this ordinance, 
 and such acts and measures of the legislature as may be passed or adopt- 
 ed in obedience thereto " It further ordains, "that in no case of law 
 or equity, decided in the courts of the state, wherein shall be drawn in 
 question the authority of this ordinance, or the validity of such act or 
 acts of the legislature as may be passed for the purpose of giving effect 
 thereto, or the validity of the aforesaid acts of congress, imposing duties, 
 shall any appeal be taken or allowed to the supreme court of the United 
 States, nor shall any copy of the record be permitted or allowed for 
 that purpose; and the person or persons attempting to take such appeal, 
 may be dealt with as for a contempt of court." 
 
 It likewise ordains, "that all persons holding any office of honor, pro- 
 fit or trust, civil or military, under the state, shall, witliin such time, and 
 in such manner as the legislature shall prescribe, take an oath w^ell and 
 truly to obey, execute and enforce this ordinance, and such act or acts 
 of the legislature as may be passed in pursuance thereof, according to 
 the true intent and meaning of the same; and on the neglect or omission 
 of any such person or persons so to do, his or their office or offices 
 shall be forthwith vacated, and shall be filled up as if such person or per- 
 sons were dead or had resigned; and no person hereafter elected to any 
 office of honor, profit or trust, civil or military, shall, until the legislature 
 shall otherwise provide and direct, enter on tlie execution of his office, 
 or be in any respect competent to discharge the duties thereof, until he 
 shall, in like manner, have taken a similar oath: and no juror shall be 
 empannclled in any of the courts of the state, in any cause in which 
 shall be in question this ordinance, or any act of the legislature passed 
 in pursuance thereof, unless he shall fiist, in addition to the usual oath, 
 have taken an oath that he will well and truly obey, execute and enforce 
 this ordinance, and such act or acts of the legislature as may be passed to 
 carry the same into operation and effect, according to the true intent and 
 meaning thereof." 
 
 The ordinance concludes, "and we, the people of South Carolina, to 
 the end that it may be fully understood by the government of the United 
 States and the people of the co-states, that w c are determined to main- 
 
1833] 127 
 
 tain this ordinance and declaration at every hazard, do further declare 
 that we will not sabmii to the application of force on the part of the 
 federal government to reduce this state to obedience; but that we con- 
 sider the passage by congress, of any act authorising the employment of 
 a military or naval force against the state of South Carolina, her consti- 
 tuted authorities or citizens; or any act abolishing or closing the ports of 
 this state, or any of them, or otherwise obstructing the free ingress and 
 egress of vessels, to and from the said ports; or any other act on the 
 part of the federal government to coerce the state, shut up her j)orts, 
 destroy or harass her commerce, or to enforce the acts hereby declared 
 to be null and void, otherwise than through the civil tribunals of the coun- 
 try, as inconsistent with the longer continuance of South Carolina in the 
 union: and that the people of this state will henceforth hold themselves 
 absolved from all further obligation to maintain or preserve their politi- 
 cal connection with the people of the other states, and will forthwith 
 proceed to organize a separate government, and do all other acts and 
 things which sovereign and independent states may of right do." 
 
 This solemn denunciation of the laWs and authority of the United 
 States has been followed up by a series of acts on the part of the autho- 
 rities of that state which manifest a determination to render inevitable a 
 resort to those measures of self-defence which the paramount duty of the 
 federal government requires, but upon the adoption of which that state 
 will proceed to execute ihe purpose it has. avowed in this ordinance of 
 withdrawing from the union. 
 
 On the 27th of November the legislature assembled at Columbia; and, 
 on their meeting, the governor laid before them the ordinance of the con- 
 vention. In his message on tliat occasion, he acquaints them that "this 
 ordinance has thus become a part of the fundamental law of South Caro- 
 lina," that "the die has been at last cast, and South Carolina lias at length 
 appealed to her ulterior sovereignty as a member of this confederacy and 
 has planted herself on her reserved rights. The rightful exercise of this 
 power is not a question which we shall any longer argue. It is sufficient 
 that she has willed it, and that the act is done; nor is ils strict compati- 
 bility with our constitutional obligation to all laws passed by the general 
 government, within the authorised grants of power, to be drawn m ques- 
 tion when this interposition is exerted in a case in which tlie compact 
 has been palpably, deliberately and dangerously violated. That it brings 
 up a conjuncture of deep and momentous interest is neither to be conceal- 
 ed nor denied. The crisis presents a class of duties which is referable 
 to yourselves. You have been commanded by the people, in their high- 
 est sovereignty, to lake care that within the limits of this state their will 
 
 shall be obeyed." 
 
 "The measure of legislation," he says "which you have to employ at 
 this crisis is the precise am^.unt of such enactments as may be necessary 
 to render it utterly impossible to collect within our limits the duties im- 
 posed by the protective tariffs thus nullified." He proceeds—" 1 hat you 
 should arm every citizen with a civil process, by which he may claim, it 
 he pleases, a restitution of his goods, seized under the existing imposts, 
 on his -iving security to abide the issue of a suit at law, and at the same 
 
128 [January, 
 
 time define what shall constitute treason against the state, and by a bill of 
 pains and penalties compel obedience and punish disobedience to your 
 own laws, aie points too obvious to require any discussion. In one word, 
 you must survey the whole ground. You must look to and provide for 
 all possible contingencies. In your own limits your own courts of judi- 
 cature must not only be supreme, but you must look to the ultimate issue 
 of any conflict of jurisdiction and power between them and the courts 
 of the United States." 
 
 The governor also asks for power to grant clearances — in violation of 
 the laws of the union. And, to prepare for the alternative, which must 
 happen unless the United States shall passively surrender their authority 
 and the executive disregarding oath, and refrain from executing the laws 
 of the union, he recommends a thorough revision of the militia system, 
 and that the governor "be authorised to accept for the defence of Charles- 
 ton and its dependencies the service of two thousand volunteers, either 
 by companies or files," and that they be formed into a legionary brigade, 
 consisting of infantry, riflemen, cavalry, field and heavy artillery; and 
 that they be "armed and equipped from the public arsenals completely for 
 the field, and that appropriations be made for supplying all deficiencies in 
 our munitions of war." In addition to these volunteer drafts, he recom- 
 mends that the governor be authorised "to accept the services of ten 
 thousand volunteers from the other divisions of the state, to be organized 
 and arranged in regiments and brigades, — the officers to be selected by 
 the commander-in-chief, and that this whole force be called the state 
 guard.'''' 
 
 A request has been regularly made of the secretary of state of South 
 Carolina for authentic copies of the acts which have been passed for the 
 purpose of enforcing the ordinance, but up to the date of the latest advi- 
 ces that request had not been complied with: and on the present occasion, 
 therefore, reference can only be made to those acts as published in the 
 newspapers of the state. The acts to which it is deemed proper to invite 
 the particular attention of congress are: 
 
 1. "An act to carry into eftect in part an ordinance to nullify certain 
 acts of congress of the United States, purporting to be laws laying du- 
 ties on the importation of foreign commodities, passed in convention of 
 this state, at Columbia, on the 24th November, 1832." 
 
 This act provides that any goods seized or detained under pretence of 
 securing the duties or, for the non-payment of duties, or under any pro- 
 cess, order, or decree, or other pretext contrary to the intent and mean- 
 ing of the ordinance may be recovered by the owner or consignee by an 
 act of replevin; that in case of refusing to deliver them or removing them, 
 so that the rejjlcvin cannot be executed, the sherifl'may seize the personal 
 estate of the otfender to double the amount of the goods; and if any at- 
 tempt shall he made to retake or seize them, it is the duty of the sheriff 
 to recapture them, and that any person who shall disobey the process, or 
 remove the goods, and any one who shall attempt to retake or seize the 
 goods under pretence of securing the duties, or for non-payment of du- 
 ties, or under any process or decree contrary to the intent of the ordi- 
 
1833.] 129 
 
 nance, shall be fined and imprisoned; besides being liable for any other 
 offence involved in the act. 
 
 It also provides that any person arrested or imprisoned, on any judj;- 
 ment or decree obtained in any federal court for duties, shall be entitled 
 to the benefit secured by the habeas corpus act of the state in cases of 
 unlawful arrest, and may maintain an action for damages; and tiiat if any 
 estate shall be sold under such judgment or decree, the sale shall be held 
 illegal. 
 
 It also provides that any jailor who receives a person committed on any 
 process or other judicial proceedings to enforce the payment of duties, 
 and any one who hires his house as a jail to receive such person, shall 
 be fined and imprisoned: And, finally, it provides that persons paying du- 
 ties may recover them back with interest. 
 
 The next is called "an act to provide for the security and protection 
 of the people of the state of South Carolina." 
 
 This act provides that if the government of the United States, or any 
 officer thereof, shall, by the employment of naval or military force, at- 
 tempt to coerce the state of South Carolina into submission to the 
 acis of congress declared by the ordinance null and void, or to re- 
 sist the enforcement of the ordinance, or of the laws passed in pursuance 
 thereof, or in case of any armed or forcible resistance thereto, the gov- 
 ernor is authorised to resist the same, and to order into service the whole 
 or so much of the military force of the state as he may deem necessary; 
 and that in case of any overt act of coercion or intention to commit the 
 the same, manifested by an unusual assem.blage of naval or military forces 
 in or near the state, or the occurrence of any circumstances indicating 
 that armed force is about to be employed against the state or in resist- 
 ance to its laws, the governor is authorised to accept the services of such 
 volunteers, and call into service such portions of the militia as may be 
 required to meet the emergency. 
 
 The act also provides for accepting the service of the volunteers, and 
 organizing the militia, embracing all free white males between the ages 
 of 16 and 60, and for the purchase of arms, ordnance and ammunition. 
 It also declares that the power conferred on the governor shall be ap- 
 plicable to all cases of insurrection or invasion or imminent danger there- 
 of, and to cases where the laws of the state shall' be opposed, and the ex- 
 ecution thereof forcibly resisted by combinations too powerful to be 
 suppressed by the power vested in the sheriffs and other civil officers; 
 and declares it to be the duty of the governor in every such case to call 
 forth such portions of militia and volunteers as may be necessary prompt- 
 ly to suppress such combinations, and cause the laws of the state to be 
 executed. 
 
 3d. Is "an act concerning the oath required by the ordinance, passed 
 in convention at Columbia, the 24th of November, 1832." . 
 
 This act prescribes the form of the oath, — which is to obey and ex- 
 ecute the ordinance and all acts passed by the legislature in pursuance 
 thereof, — and directs the time and manner of taking it by the officers of 
 the state, civil, judicial and military. 
 
 It is believed that other acts have been passed embracing provisions 
 
130 [January, 
 
 for enforcing the ordiiiancc, uui I liave not yet been able to procure 
 them. 
 
 I transmit, liowever, a copy of gov. Hamilton's message 1o llie legis- 
 lature of boutli Caiolnia — ot governor Hayne's inaugural address to the 
 leijislaiure, as also of liis pioclamation, and a general order of the gover- 
 nor and commander-in-chief, dated the 20th December, giving public 
 notice that the services of volunteers will be accepted, under the act 
 already referred to. 
 
 If tliese measuies cannot be defeated and overcome by the powers con- 
 ferred by the constitution on the federal government, the constitution 
 must be considered as incompetent to its ow^n defence, the supremacy of 
 the laws is at an end, and the rights and liberties of the citizens can no 
 longer receive jirotection from the government of the union. They not 
 only abrogate the acts of congress, commonly called the tariff acts of 
 ISiS and 1832, but they prostrate and sweep away, at once, and without 
 exception, eveiy act and every part of every act imposing any amount 
 whatever of duty on any foreign merchandise, and, virtually, every exist- 
 ing act which has ever been passed authorising the collection of the 
 revenue, including the act of IttlG, and also the collection law of 1799, 
 the constitutionality of which lias never been questioned. It is not only 
 those duties which are charged to have been imposed for the protection 
 of manufactures that are hereby repealed, but all others, though la[d for 
 the puj-pose of revenue merely, and upon articles in no degree suspected 
 of being objects of protection. 
 
 The whole revenue system of tlie United States in South Carolina is 
 obstiucted and overthrown; and the government is absolutely prohibited 
 from collecting any part of the public revenue within the limits of that 
 state. Henceforth not only the citizens of South Carolina and of the 
 United Stales, but the subjects of foreign states may import any des- 
 cription or quantity of merciiandise into the ports of South Carolina, 
 without the payment of any duty whatsoever. That state is thus relieved 
 from the payment of any pait of the public burthens; and duties and im- 
 posts are not only rendered not uniform throughout the Uniled States, 
 but a direct and ruinous preference is given to the ports of that state over 
 those of all the other states of the union, in manifest violation of the 
 positive provisions of the constitution. 
 
 In point of duration, also, those aggressions upon the authority of con- 
 gress, which, by the ordinance are made partol" the fundamental law of 
 South Carolina, are absolute, indefinite, and without limitation. 'J hey 
 neither prescribe the period when they shall cease, nor indicate any 
 conditions upon which those who have thus undertaken to arrest the op- 
 eration of the laws, are to retrace their steps, and rescind their measures. 
 They oiler to the United States no alternative but unconditional sub- 
 mission. If the scope of the ordinance is to be received as the scale of 
 concession, their demands can be satisfied only by a repeal of the whole 
 system of the revenue laws, and by abstaining from the collection of any 
 duties and imj)0&ts whatsoever. 
 
 It is true, tliat in the address to the people of the United States, by 
 the convention of South Carolina, after announcing the fixed and final de- 
 
1833.] 131 
 
 termination of the state, in relation to the protecting system, they say, 
 that '4t remains lor us to submit a phm of taxation in whicli we would 
 be wiilinjj to acquiesce, in a liberal spirit of concession, provided we are 
 met in due time and in a becoming spirit by the states interested in man- 
 ufactures." In tbe opinion of the convention, an equitable plan would be, 
 that "the w^hole list of protected articles sliould be imported free of all 
 duty, and that the revenue derived from import duties should be raised 
 exclusively from the unprotected articles, or that wlienever a duty is im- 
 posed upon protected articles imported, an excise duty of the same rate 
 shall be imposed upon all similar articles manufactured in the United 
 States." The address proceeds to state, however, that they "are willing 
 to make a large offering to preserve the union, and with a distinct dec- 
 laration that as a concession on our part, we wmII consent that the same 
 rates of duty may be imposed upon the protected articles that shall be 
 imposed upon the unprotected, provided that no more revenue be raised 
 than is necessary to meet the demands of government for constitutional 
 purposes, and provided also that a duty substantially uniform be imposed 
 upon all foreign imports." 
 
 It is also true that in his message to the legislatui hen urging the 
 necessity of providing "means of securing their safety by ample re- 
 sources for repelling force by force," the governor of South Carolina 
 observed that he "cannot but think that on a calm and dispassionate re- 
 view by congress and the functionaries of the general government, of the 
 true merits of this controversy, the arbitration by a call of a convention 
 of all the states, which we sincerely and anxiously seek and desire, will 
 be accorded to us." 
 
 From the diversity of the term indicated in these two important 
 documents, taken in connection with the progress of recent events in that 
 quarter, there is too much reason to apprehend, without in any manner 
 doubting the intentions of those public functionaries, that neither the 
 terms proposed in the address of the convention, nor those aliuded to in 
 the message of the governor, would appease the excitement wliich had 
 led to the present excesses. It is obvious however, that should the lat- 
 ter be insisted on, they present an alternative which tlie general govern- 
 ment, of itself, can by no possibility grant; since, by an express provision 
 of the constitution, congress can call a convention for the purpose of 
 proposing amendments, only "on the application of the legislatures of 
 two-thirds of the states." And it is not perceived that the terms presen- 
 ted in the address are more practicable than those referred to in the 
 message. 
 
 It will not escape attention that the conditions on w^hich it is said in 
 the address of the convention they "would be willing to acquiesce," form 
 no part of the ordinance. While this ordinance bears all the 
 solemnity of a fundamental law, is to be authoritative upon all 
 within the limits of South Carolina, and is absolute and unconditional in 
 its terms, the address conveys only the sentiments of the convention, in 
 no binding or practical form. One is the act of the state; the other only 
 the expression of the opinions of the members of the*convention. To 
 limit the effect of that solemn act, by any terms or conditions whatever, 
 
132 . [January, 
 
 they should have been embodied in it and made of import no less author- 
 itative than the act itself. By the positive enactments of the ordinance, 
 the execution of the laws of the union is absolutely prohibited, and the 
 address oilers no other prospect of their being again restored, even in the 
 modified form proposed, than what depends upon the improbable contin- 
 gency, that amid changing events and increasing excitement the senti- 
 ment's of the present members of the convention and of their successors 
 will remain the same. 
 
 It is to be regretted, however, that these conditions, even if they had 
 been offered in the same binding lorm, are so undefined, depend upon so 
 many contingencies, are so directly opposed to the known opinions and 
 mlerests of the great body ot the American people, as to be almost hope- 
 less of attainment. The majority of the states and of the people will 
 certainly not consent that the protecting duties shall be wholly abroga- 
 ted, never to be re-enacted at any future time or in any possible contin- 
 gency. As little practicable is it to provide that the "same rate of duty 
 shall be imposed upon the protected articles that shall be imposed upon 
 the unprotected," wh.ich, moreover, would be severely oppressive to the 
 poor, and in lime of war, would add greatly to its rigors. And, though 
 there can be no objection to the principle, properly understood, that no 
 more revenue shall be raised tlian is necessary for the constituiional pur- 
 poses of the government — which principle has been already recommend- 
 ed by the executive as the true basis of taxation — yet it is very certain 
 that Soutii Carolina alone cannot be permitted to decide what those con- 
 stitutional purposes are. 
 
 The period which constitutes the due time in which the terms propo- 
 sed in the address are to be accepted, would seem to present scarcely 
 less didiculty than the terms themselves. Though the revenue laws are 
 already declared to be void in South Carolina, as well as the bonds taken 
 under them, and the judicial proceedings for carrying them into effect, 
 yet, as the lull action and operation of the ordinance ai'e to be suspended 
 until the first of February, the interval may be assumed as the time with- 
 in which it is expected that the most complicated portion of the national 
 legislation, a system of long standing and all'ecting great interests in the 
 community, is to be rescinded and abolished. If this be required, it is 
 clear thai a compliance is impossible. 
 
 In the uncertainty, then, which exists as to the duration of the ordi- 
 nance and of the enactments for enforcing it, it becomes imperiously the 
 duty of the executive of the United States, acting with a proper regard 
 to all the great intei-esls committed to his cai-e, to treat those acts as aD- 
 solute and unlimited. They are so, as far as his agency is concerned. 
 He cannot either embrace or lead to the peilbrmance of the conditions. 
 He has already discharged the only part in his power, by the recommen- 
 dation in his annual message. The rest is with congress and the people. 
 Ajid, until they have acted, his duty will require him to look to the ex- 
 isting state of things, and act under them according to his high obli- 
 gations. 
 
 By these varictis pioceedings, therefore, the s'ate of South Carolina 
 has forced the general govei-nment, unavoidably, to decide the new and 
 
1833.] 133 
 
 dangerous alternative of permitting a state to obstruct the execution of 
 the laws within its limits, or seeing it attempt to execute a threat of with- 
 drawing from the union. That portion of the people at present exercis- 
 ing the authority of the state solemnly assert their right to do either, and 
 as solemnly announce -.heir determination to do one or the other. 
 
 In my opinion both purposes are to be regarded as revolutionary in 
 their cliaracter and tendency, and subversive of the supremacy of the 
 laws and of the integrity of the union. . The result of each is the same; 
 since a state in which, by an usurpation of power, the constitutional au- 
 thority of the federal government is openly defied and set aside, wants 
 only the form, to be independent of the union. 
 
 The right of the people of a single state to absolve themselves at will, 
 and without the consent of the other states, from their most solemn ob- 
 ligations, and hazard the liberties and happiness of tiie millions compos- 
 ing this union, cannot be acknowledged. Such authority is believed to 
 be utterly repugnant both to the principles upon which the general go- 
 vernment is constituted and to the objects which it was expressly formed 
 to attain. 
 
 Against all acts which may be alleged to transcend tlie constitutional 
 power of the government, or which may be inconvenient or oppressive in 
 their operation, the constitution itself has prescribed the modes of redress. 
 It is the acknowledged attribute of free institutions that, under them, the 
 empire of reason and law is substituted for the power of the sword. To 
 no other source can appeals for supposed wrongs be made consistently 
 with the obligations of South Carolina; to no other can such appeals be 
 made with safety at any time, and to their decisions, when constitution- 
 ally pronounced, it becomes the duty no less of the public authoiities 
 than of the people, in every case, to yield a patriotic submission. 
 
 That a state, or any other great portion of the people, suffering un- 
 der long and intolerable oppression, and having tried all constitutional 
 remedies without the hope of redress, may have a natural right, when 
 their happiness can be no otherwise secured, and when they can do so 
 without greater injury to others, to absolve themselves fiom their obliga- 
 tions to the government and appeal to the last resort, need not, on the 
 present occasion, be denied. 
 
 The existence of this right, however, must depend upon the causes 
 which may justify its exercise. It is the ultima ratio, which presuppo- 
 ses that the proper appeals to all other means of redress have been made 
 in good faith, and which can never be rightfully resorted to, unless it be 
 unavoidable. It is not the right of the state, but of the individual, and 
 of all the individuals in the state. It is the right of mankind, generally, 
 to secure, by all means in their power, the blessings of liberty and hap- 
 piness; but when, for these purposes, any body of men have voluntarily 
 associated themselves under a particular form of government, no portion 
 of them can dissolve the association without acknowledging the correla- 
 tive right in the remainder to decide whether that dissolution can be per- 
 mitted, consistently with the general happiness. In this view, it is aright 
 dependent upon the power to enforce it, 
 17 
 
1S4 [January, 
 
 Sach a right, though it may be admitted to pre-exist, and cannot be 
 wholly surrendered, is necessarily subjected to limitations in all free go- 
 vernments, and in compacts. of all kinds freely and voluntarily entered 
 into, and in which the interest and welfare of the individual become 
 identified with those of the community of which he is a member. In 
 compacts between individuals, however deeply they may affect their re- 
 lations, these principles are acknowledged to create a sacred obligation; 
 and in compacts of civil governments, involving the liberty and happi- 
 ness of millions of mankind, the obligation cannot be less. 
 
 Without adverting to the particular theories to which the federal com- 
 pact has given rise — both as to its formation and the parties to it, — and 
 without inquiring whether it be merely federal, or social, or national, it 
 is sufficient that it must be admitted to be a compact, and to possess the 
 obligations incident to a compact; to be "a compact by which powder is 
 created on the one hand, and obedience exacted on the other; a compact 
 freely, voluntarily, and solemnly entered into by the several states, and 
 ratified by the people thereof respectively; a compact by which the sev- 
 eral states and the people thereof respectively have bound themselves to 
 each other and to the federal government, and by which the federal go- 
 vernment is bound to the several states and to every -citizen of the Unit- 
 ed States." To this compact, in whatever mode it may have been done, — 
 the people of South Carolina have freely and voluntarily given their as- 
 sent; and to the whole and every part of it they are, upon every princi- 
 ple of good faith, inviolably bound. Under this obligation they are 
 bound, and should be required to contribute their portion of the public 
 expense, and to submit to all laws made by the common consent, in pur- 
 suance of the constitution, for the common defence and general welfare, 
 until they can be changed in the mode which the compact has provided 
 lor the attainment of those great ends of the government and of the union. 
 Nothing less than causes which w^ould justify revolutionary remedy can 
 absolve the people from this obligation; and for nothing less can the go- 
 vernment permit it to be done without violating its own obligations, by 
 which, under the compact, it is bound to the other states, and to every 
 citizen of the United States. 
 
 These deductions plainly flow from the nature of the federal compact, 
 which is one of limitations, not only upon the powers originally pos- 
 sessed by the parties thereto, but also upon those conferred on the govern- 
 ment and every department thereof It will be freely conceded, that by 
 the principles of our system, all power is vested in the people; but to be 
 exercised in the mode, and subject to the checks which the people them- 
 selves have prescribed. These checks are, undoubtedly, only different 
 modifications of the same great popular principle which lies at the 
 foundation of the whole, but are not, on that account, to be less regarded 
 or less obligatory. 
 
 Upon the power of congress, the veto of the Executive, and the au- 
 thority of the judiciary which is 'Mo extend to all cases in law and equity 
 arising under the constitution and the laws of the United States made in 
 pursuance thereof," are the obvious checks; and the sound action of public 
 
1833.] 135 
 
 opinion, with the ultimate power of amendment, are the salutary and only 
 limitations upon the powers of the whole. 
 
 However it may be alleged, that a violation of the compact by the 
 measures of the government can affect the obligations of the parties, it 
 cannot even be pretended that such violation can be predicated of those 
 measures until all the constitutional remedies shall have been fully tried. 
 If the federal government exercise powers not warranted by the constitu- 
 tion and immediately atfecting individuals, it will scarcely be denied that 
 the proper remedy is a recourse to the judiciary. Such undoubtedly is 
 the remedy for those who deem the acts of congress laying duties on 
 imports and providing for their collection to be unconstitutional. The 
 whole operation of such laws is upon the individuals importing the mer- 
 chandise: a state is absolutely prohibited from laying imposts or duties 
 on imports or exports, without the consent of congress, and cannot be- 
 come a party under tliose laws without importing in her own name, or 
 wrongfully interposing her authority against them. By thus interposing, 
 however, she cannot rightfully obstruct the operation of the laws upon 
 individuals. For their disobedience to, or violation of, the laws, the or- 
 dinary remedies^through the judicial tribunals would remain. And, in a 
 case where an individual should be prosecuted for any offence against the 
 laws, he could not set up, in justification of his act, a law of a state which 
 being unconstitutional, would therefore be regarded as null and void. 
 
 The law of a state cannot authorise the commission of a crime against 
 the United States, or any other act whidi, according to the supreme law 
 of the union, would be otherwise unlawful. And it is equally clear, that, 
 if there be any case in which a state, as such, is affected by the law be- 
 yond the scope of judicial power, the remedy consists in appeals to the 
 people, either to eft'ect a change in the representation or to procure relief 
 by an amendment of the constitution. But the measures of the govern- 
 ment are to be recognised as valid, and consequently supreme, until these 
 remedies shall have been effectually tried: and any attempt to subvert 
 those measures or to render the laws subordinate to state authority, and 
 afterwards to resort to constitutional redress, is worse than evasive. It 
 would not be a proper resistance to "ot government of unlimited powers^^"* 
 as has been sometimes pretended, — but unlawful opposition to the very li- 
 mitations on which the harmonious action of the government and all its 
 parts absolutely depends. South Carolina has appealed to none of these 
 remedies, but, in effect, has defied them all. While threatening to sep- 
 arate from the union, if any attempt be made to enforce the revenue laws 
 otherwise than through the civil tribunals of the country, she has not 
 only not appealed in her own name to those tribunals which ihe constitu- 
 tion has provided for all cases in law or equity arising under the constitu- 
 tion and laws of the United States, but has endeavored to frustrate their 
 proper action on her citizens by drawing the cognizance of cases under the 
 revenue laws to her own tribunals, specially prepared and fitted for the 
 purpose of enforcing the acts passed by the state to obstruct those laws; and 
 both the judges and jurors of which will be bound by the import of oatha 
 previously taken to treat the constitution and laws of the United States 
 in this respect as a nullity. Noi' has the state made the proper appeal lo 
 
136 [January, 
 
 public opinion and to ihe remedy of amendment. For without waiting 
 to learn whether the other stales will consent to a convention, or if they 
 do, will construe or amend the constitution to suit her views, she has of 
 her own authority altered the import of that instrument and given imme- 
 diate effect to the change. In fine, she has set her own will and authori- 
 ty above the laws, has made herself arbiter in her own cause, and has 
 passed at once over all intermediate steps to measures of avowed resist- 
 ance, which, unless they be submitted to, can be enforced only by the 
 sword. 
 
 In deciding upon the course which a high sense of duty to all the peo- 
 ple of the United Skates imposes upon the authorities of the union, in 
 this emergency, it cannot be overlooked that there is no sufficient cause 
 for the acts of South Carolina, or for her thus placing in jeopardy the 
 happiness ol so many millions of people. Misrule and oppression, to 
 warrant the disruption of the free institutions of the union of these states 
 should be great and lasting — defying all other remedy. For causes of 
 minor character, the government could not submit to such a catastrophe, 
 without a violation of its most sacred obligations to the other states of the 
 union, who have submitted their destiny to its hands. 
 
 Tliere is, in the present instance, no such cause either in the degree 
 of misrule or oppression complained of^ or in the hopelessness of redress 
 by constitutional means. The long sanction they have received from the 
 proper authorities and from the people, not less than the unexampled 
 growth and increasing prosperity of so many millions of freemen, attest 
 that no such oppression as would justify or even palliate such a resort, 
 can be justly imputed either to the present policy or past measures of the 
 federal government. The same mode of collecting duties and for the 
 same general objects, which began with the foundation of the govern- 
 ment, and which has conducted the country through its subsequent steps 
 to its present enviable condition of happiness and renownj has not been 
 changed. Taxation and representation — the great principles of the Ameri- 
 can revolution — have continually gone hand in hand; and at all times and 
 in every instance, no tax of any kind has been imposed without their par- 
 ticipation — and in some instances which have been complained of, vs^ith 
 the express assent of a part of the representatives of South Carolina in the 
 councils of the government. Up to the present period, no revenue has been 
 raised beyond the necessary wants of the country, and the authorised ex- 
 penditures of the government. And as soon as the burthen of the pub- 
 lic debt is removed, those charged with tiie administration have prompt- 
 ly recommended a corresponding reduction of revenue. 
 
 That this system, thus pursued, has resulted in no such oppression 
 upon South Carolina, needs no other proof than the solemn and official 
 declaration of the late chief magistrate of tliat state, in his address to the 
 legislature. In that he says that "occurrences of the past year, in con- 
 nection with our domestic concerns, are to be reviewed with a sentiment 
 of fervent gratitude to the Great Disposer of human events; that tributes of 
 grateful acknowledgments are due for the various and multiplied blessings 
 he has been pleased to bestow on our people; that abundant harvests in 
 every quarter of the state have crowned the exertions of agricultural la- 
 
1836.] 137 
 
 bor, that health, almost beyond former precedent, has blessed our homes* 
 and that there is not less reason for thankfulness in surveying our social 
 condition," it would, indeed, be difficult to imagine oppression, where, in 
 the social condition of a people there was equal cfluse of thankfulness as 
 for abundant harvests and various and multiplied blessings with which a 
 kind Providence had favored them. 
 
 Independently of these considerations, it will not escape observation, 
 that South Carolina still claims to be a component part of the union, and 
 to participate in the national councils, and to share in the public benefits 
 without contributing to the public burthens; thus asserting the dangerous 
 anomaly of continuing in an association without acknowledging any other 
 obligation to its laws than what depends upon her own will. 
 
 In this posture of affairs, the duty of the government seems to be 
 plain: — it inculcates a recognition of that slate as a member of the union 
 and subject to its authority; a vindication of the just power of the con- 
 stitution; the preservation of the integrity of the union; and the execution 
 of the laws by all constitutional means. 
 
 The constitution, which his oath of office obliges him to support, de- 
 clares that the executive '-'•shall take care that the laws be JailhfuHy ex- 
 ecuted^'^ and in providing that he shall, from time to time, give to congress 
 information of the state of the union, and recommend to their consideration 
 Such measures as he shall judge necessary and expedient, imposes the ad- 
 ditional obligation of recommending to congress such more efficient pro- 
 vision for executing the laws as may irom tmie to time be found requisite. 
 
 The same instrument confers on congress the power not merely to lay 
 and collect taxes, duties, imposts and excises; to pay the debts and pro- 
 vide for the common defence and general welfare; but "to make all laws 
 which shall be necessary and proper for carrying into effect the forego- 
 ing powers, and all other powers vested by the constitution in the gov- 
 ernment of the United States, or in any department or office thereof;" 
 and also to provide for calling forth the militia tor executing the laws of 
 the union. In all cases similar to the present, the duties of the govern- 
 ment become the measure of its powers; and whenever it fails to exert 
 a power necessary and proper to the discharge of the duty prescribed by 
 the constitution, it violates the public trust not less than it would in tran- 
 scending its proper limits. To refrain, therefore, from the high and 
 solemn duties thus enjoined, — however painful the performance may be, — 
 and thereby tacitly permit the rightful authority of the government to be 
 contemned and its laws obstructed by a single state, would neither com- 
 port with its own safety nor the rights of the great body of the American 
 people. 
 
 It being thus shown to be the duty of the Executive to execute the laws, 
 by all constitutional means, it remains to consider the extent of those 
 already at his disposal, and what it may be proper further to provide. 
 
 In the instructions of the Secretary of the Treasury to the collectors 
 in South Carolina, the provisions and regulations made by the act of 1799, 
 and also the fines, penalties and forfeitures for their enforcement, are par- 
 ticularly detailed and explained. It may be well apprehended, however, 
 that these provisions may prove inadequate to meet such an open, power- 
 
138 [January, 
 
 ful, organized opposition, as is to be commenced after the 1st of February- 
 next. 
 
 Subsequently to the date of those instructions and to tlie passage of the 
 ordinance, information has been received from sources entitled to be re- 
 lied on, that owing to the popular excitement in the state, and the effect 
 of the ordinance, declaring the execution of ihe revenue laws unlawful, 
 a sufficient number of persons in whom confidence might be placed, 
 could not be induced to accept the ofiice of inspectors, to oppose with 
 any probability of success, the force which will, no doubt, be used when 
 an attempt is made to remove vessels and their cargoes from the custody of 
 the officers of the customs, and indeed that it would be impracticable for 
 the collector, with the aid of any number of inspectors w4iom he may be 
 authorised to employ, to preserve the custody against such an attempt. 
 
 The removal of the custom house from Charleston to castle Pinckney, 
 was deemed a measure of necessary precaution; and though the authority 
 to give that direction is not questioned, it is nevertheless apparent, that a 
 similar precaution cannot be observed, in regard to the ports of George- 
 town and Beaufort, each of which, under the present laws, remains a 
 port of entry, and exposed to the obstructions meditated in that quarter. 
 
 In considering the best means of avoiding or of preventing the appre- 
 hended obstruction to the collection of the revenue, and the conseqences 
 which may ensue, it would appear to be proper and necessary to enable 
 the officers of the customs to preserve the custody of vessels and their 
 cargoes, which, by the existing laws they are required to take, until the 
 duties to which they are liable, shall be paid or secured. The mode by 
 which it is contemplated to deprive them of that custody is the process 
 of replevin and that of capias in withernam^ in the nature of a distress 
 from the state tribunals organized by the ordinance. 
 
 Against the proceeding in the nature of a distress, it is not perceived 
 that the collector can interpose any resistance whatever, and against the 
 process of replevin authorised by the law of the state, he, having no 
 common law power, can only oppose such inspectors as he is by statute 
 authorised, and may find it practicable, to employ, and these, from the in- 
 formation already adverted to, are shewn to be wholly inadequate. The 
 respect, which that process deserves must therefore be considered. 
 
 If the authorities of South Carolina had not obstructed the legitimate 
 action of the courts of the United States, or if they had permitted the 
 state tribunals to administer the law according to their oath under the 
 constitution and the regulations of the law^s of the union, the general 
 government might have been content to look to them for maintaining the 
 custody, and to encounter the other inconveniences arising out of the re- 
 cent proceedings. Even in that case, however, the process of replevin 
 from the courts of the state would be irregular and unauthorised. It has 
 been decided by the supreme court of the U. States, that the courts of 
 the United States have exclusive jurisdiction of all seizures made on land 
 or water for a breach of the laws of the United States; and any inter- 
 vention of a state authority, which, by taking the thing seized, out of the 
 hands of the United States officer, might obstruct the exercise of this 
 jurisdiction, is unlawful: thai in such case the court of the United States 
 
1833.] 1S9 
 
 having cognizance of the seizure, may enforce a re-delivery of the thing 
 by attachment or other summary piocess; that the question under such 
 a seizure, whether a forfeiture has been actually incurred, belongs ez- 
 clusively to the courts of the United States, and it depends Pon the final 
 decree whether the seizure is to be deemed rio-htful or tortuous; and that 
 not until the seizure be finally judged wrongful and without probable 
 cause by the courts of the United States, can the party proceed at com- 
 mon law for damages in the state courts. 
 
 But by making it "unlawful for any of the constituted authorities, 
 whether of the United States or of the state, to enforce the laws for the 
 payment of duties, and declaring that all judicial proceedings which shall 
 be hereafter had in affirmance of contracts made with purpose to secure 
 the duties imposed by the said acts, are and shall be held utterly null and 
 void," she has in effect abrogated the judicial tribunals within her limits 
 in this respect — has virtually denied the United States access to the 
 courts established by their own laws, and declaied it unlawful for the 
 judges to discharge those duties which they are sworn to perform. In 
 lieu of these, she has substituted those state tribunals already adverted 
 to — the judges whereof are not merely forbidden to allow an appeal, or 
 permit a copy of their record, but are previously sworn to disregard the 
 laws of the union, and enforce those only of South Carolina; and, thus 
 deprived of the function essential to the judicial character, of inquiring 
 into the validity of the law and the right of the matter, become merely 
 ministerial instruments in aid of the concerted obstruction of the laws of 
 the union. 
 
 Neither the process nor authority of these tribunals, thus constituted, 
 can be respected consistently with the supremacy of the laws, or the 
 rights and security of the citizen. If they be submitted to. the protec- 
 tion due from the government to its officers and citizens is withheld, and 
 there is at once an end, not only to the laws, but to the union itself. 
 
 Against such a force as the sheriff may, and which, by the replevin act 
 of South Carolina it is his duty to exercise, it cannot be expected that a 
 collector will retain his custody with the aid of the inspectors. In such 
 case, it is true, it would be competent to institute suits in the United 
 States courts, against those engaged in the unlawful proceeding; or the 
 property might be seized for a violation of the revenue laws, and being 
 libelled in the proper courts, an order might be made for its re-delivery, 
 which would be committed to the marshal for execution. But in that 
 case, the 4th section of the act, in Droad and unqualified terms, makes it 
 the duty of the sheriff "to prevent such re-capture or seizure, or to re- 
 deliver the goods, as the case may be," even "under any process, order, 
 or decrees, or other pretext,, contrary to the true intent and meaning of 
 the ordinance aforesaid." It is thus made the duty of the sheriff, to op- 
 pose the process of the courts of the United States, and for that puipose, 
 if need be, to employ the whole power of the country; and the act ex- 
 pressly reserves to him all power, which, independently of its provi- 
 sions, he could have used. In this reservation it obviously contemplates 
 a resort to other means than those particularly mentioned. 
 
 It is not to be disguised, that the power which it is thus enjoined upon 
 
140 [January, 
 
 the sherlti'to employ, is nothing less than the posse comitatus, in all the 
 rigor of the ancient common law. This power, though it may be used 
 ao-ainst unlawful resistance to judicial process, is in its character forcible, 
 and analngous to that conferred upon the marshals by the act of 1795, 
 It is in fact, the embodying of the whole mass of the population under 
 the command of a single individnal, to accomplisii by their forcible aid, 
 what could not be effected peaceably, and by the ordinary means. It 
 may properly be said to be a relict of those ages in which the laws could 
 be defended rather by physical than moral force, and, in its origin, was 
 conferred upon the sheriffs of England, to enable them to defend their 
 country against any of the king's enemies, when they came into the land, 
 as well as ior the purpose of executing process, in early and less ci- 
 vilized times, it was intended to include "the aid and attendance of all 
 knights and others who were bound to have harness," It includes, the 
 right of going with arms and military equipments, and embraces larger 
 classes and greater masses of population than can be compelled by the 
 laws of most of the states, to perform military duty. If the principles of 
 the common law are recognised in South Carolina, (and from this act it 
 would seem they are), the power of summoning the posse comitatus will 
 compel, under the penalty of fine and imprisonment, every man, over the 
 age of fifteen, and able to travel, to turn out at the call of the sheriff, — 
 and with such weapons as may be necessary; and it may justify beating, 
 and even killing such as may resist. The use of the posse comitatus is 
 therefore a direct application of force, and cannot be otherwise regard- 
 ed, than as the employment of the whole militia force of the county, 
 and in an equally efficient form, under a different name. No proceeding 
 which resorts to this power, to the extent contemplated by the act, can 
 be properly denominated peaceable. 
 
 The act of vSouth Carolina, however, does not rely altogether upon 
 this forcible remedy. For even attemi)ting to resist or disobey, — though 
 by the aid only of the ordinary officers of the customs, — the process of 
 replevin, the collector and all concerned, are subjected to a further pro- 
 ceeding, in the nature of a distress of their personal efiects, and aie 
 moreover made guilty of a misdemeanor, and liable to be punished by 
 fine of not less than one^thousand, nor more thanfive thousand dollars, and to 
 imprisonment not exceeding two years, nor less than six months; and for 
 even attempting to execute the orders of the court for retaking the pro- 
 perty, the marshal and all assisting would be guilty of a misdemeanor 
 and so liable to a fine of not less than three thousand dollars, nor more 
 than ten thousand, and to imprisonment not exceeding two years nor less 
 than one; and in case the goods should be retaken under such process, 
 it is made the absolute duly of the sheriff to retake them. 
 
 It is not to be supposed, that in the face of these penalties, aided by 
 the powerful force of the county, which would doubtless be brought to 
 sustain the state officers, either that the collector could retain the custo- 
 dy in the first instance, or that the marshals could summon sufficient aid 
 to retake the properly, pursuant to the order or other process of the 
 court. 
 
 It is moreover obvious, that in this conflict between the powers of the 
 
1833.] 141 
 
 officers of the United States and of the state, (unless the latter be passively 
 submitted to) the destruction to which the property of the ofiicers of the 
 customs would be exposed, the commission of actual violence, and the 
 loss of lives, would be scarcely avoidable. 
 
 Under these circumstances, and the provisions of the acts of South 
 Carolina, the execution of the laws is rendered impracticable, even 
 through the ordinary judicial tribunals of the United States. There 
 would certainly be fewer difficulties, and less opportunity of actual col- 
 lision between the officers of the United States and of the state, and the 
 collection of the revenue would be more effectually secured — if indeed 
 it can be done in any other way — by placing the custom house beyond 
 the immediate power of the county. 
 
 Por this purpose it might be proper to provide, that whenever, by any 
 unlawful combination or obstruction in any state, or in any port, it should 
 become impracticable faithfully to collect the duties, the president of the 
 United States should be authorised to alter and abolish such of the dis- 
 tricts and ports of entry as should be necessary, and to establish the cus- 
 tom house at some secure place within some port or harbor of such state; 
 and in such cases, it should be the duty of the collector to reside at such 
 place, and to detain all vessels and cargoes, until the duties imposed 
 by law should be properly secured, or paid in cash — deducting interest; 
 that in such cases it should be unlawful to take the vessel and cargo from 
 the custody of the proper officer of the customs, unless by process from 
 the ordinary judicial tribunals "of the United States; and that in case of 
 an attempt otherwise to take the property by a force too great to be 
 overcome by the officers of the customs, it should be lawful to protect 
 the possession of the officers by the employment of the land and naval 
 forces and the militia, under provisions similar to those authorised by the 
 llth section of the act of the 19th January, 1809. 
 
 This provision, however, will not shield the officers and citizens of the 
 United States, acting under the laws from suits and prosecutions in the 
 tribunals of the state, which might thereafter be brought against them; 
 nor would it protect their property from the proceeding by distress: and 
 it may well be apprehended that it would be insufficient to insure a pro- 
 per respect to the process of the constitutional tribunals in prosecutions 
 for offences against the United States, and to protect the authorities of 
 the United States, whether judicial or ministerial, in the performance of 
 their duties. It would, moreover, be inadequate to extend the protection 
 due from the government to that portion of ihe people of South Caroli- 
 na, against outrage and oppression of any kind, who may manifest their 
 attachment and yield obedience to the laws of the union. 
 
 It niay therefore be desirable to revive, with some modifications better 
 adapted to the occasion, tlie 6th section of the act of the 3d of March, 
 1»15, which expired on the 4lh of March, 1817, by the limitation of 
 that of 27th of April, 1816, and to provide that in any case where suit 
 shall be brought against any individual in the courts of the slate, for any 
 act done under the laws of the United States, he should be authorised to 
 remove the said cause by petition into the circuit courts of the United 
 18 
 
142 [January 
 
 States, without any copy of the record, and that that court should pro- 
 ceed to hear and (leUn-mine the same as if it had heen originally institut- 
 ed therein; and that in all cases of injuries lo tlie persons or property of 
 individuals acting under the laws of the U. States for disohedience to 
 the ordii^ance and laws of South Carolina in performance thereof, re- 
 dress may be sought in the courts of the United States. 
 
 It may be expedient, also, by modifying the resolution of the 3d of 
 March, 1791, to authorise the marshals to make the necessary provisions 
 for the safe keeping- of prisoners committed under the authority of the 
 United States. 
 
 Provisions less than these, consisting as they do for the most part, rath- 
 er of a revival of the policy of former acts called for by the existing 
 emergency, than of the introduction of any unusual or rigorous enact- 
 ments, would not cause the laws of the union to be properly respected 
 or enforced. It is believed these w^ould prove adequate, unless the mili- 
 tary forces of the state of South Carolina, authorised by the late act of the 
 legislature, should be actually embodied and called out in aid of their 
 proceedings, and of tiie provisions of the ordinance generally. Even in 
 that case, however, it is belie\ed that no more \vill be necessary than a 
 few moditications of its terms, to adapt the act of 1795 to the present 
 emergency, as by that act the provisions of the law of 1792 were ac- 
 commodated to the crisis then existing; and by conferring authority upon 
 the president to give it operation during the session of congress, and 
 without the ceremony of a pioclamation, 'w^henever it shall be officially 
 made known to him by the authority of any state, or by the courts of the 
 United States, that within the limits of such state the laws of the United 
 States will be openly opposed and their execution obstructed by the ac- 
 tual employment of military force, or by any unlawful means whatsoever, 
 too great to be otherwise overcome. 
 
 In closing this communication I should do injustice to my own feelings 
 not to express my confident reliance upon the disposition of each depart- 
 ment of the government to perform its duty, and to co-operate in all mea- 
 sures necessary in the present emergency. 
 
 The crisis undoubtedly invokes the fidelity of the j)atriot and the sa- 
 gacity of the statesman; not more in removing such portion of the public 
 burthen as may be unnecessary, than in preserving the good order of so- 
 cJoty, and in the maintenance of well regulated liberty. 
 
 While a forbearing spirit may, and I trust, will be exercised towards 
 the eirors of our brethren in a particular quarter, duty to the rest of the 
 union demands that open and oiganized resistance to the laws should not 
 be executed with impunity. 
 
 The rich inheritance bequeathed by our fathers has devolved upon us 
 the sacred o'jligation of preserving it by the same virtues which conduct- 
 ed them thiongh the eventful scenes of the revolution, and ultimately 
 crowned their struggle with the noblest model of civil institutions. 
 They hequealheit to us a government of laws, and a federal union, found- 
 ed upon the great principle of popular representation. After a success- 
 ful experiment of 41 years, at a moment when the government and the 
 union are the objects of the hopes of the friends of civil liberty through- 
 
1833.] 143 
 
 out the world, and in the midst of public and individual prosperity unex- 
 ampled in history, we are called upon to decide whether these laws poss- 
 ess any force and that union the means of self-preservation. The deci- 
 sion of this question by an enlightened and patriotic people cannot be 
 doubtful. For myself, fellow citizens, devoutly relying upon that kind 
 Providence, which has hitherto watched over our destinies, and actuated 
 by a profound reverence for those institutions I have so much cause to 
 love, and for the American people wdiose partiality honored me with 
 their highest trust, I have determined to spare no effort to discharge the 
 duty which in this conjuncture is devolved upon me. That a similar 
 spirit will actuate the representatives of the American people, is not to be 
 questioned: and I fervently pray that the Great Ruler of nations may so 
 guide your deliberations and our joint measures, as that they may prove 
 salutary examples, not only to the present, but to future times, and sol- 
 emnly proclaim that the constitution and the laws are supreme, and the 
 union indissoluble. 
 
 ANDREW JACKSON. 
 
 Washington, January I Qth, 1833. 
 
INAUGURAL ADDRESS 
 
 OF THE PRESIDENT OF THE UNITED STATES. 
 
 MARCH 4, 18S3 . 
 

INAUGURAL ADDRESS 
 
 OF THE PRESIDENT OF THE UNITED STATES. 
 
 M A U C II 4, 1 S 3 3 
 
 Fellow 
 
 citizens: 
 
 The will of the American people, expressed through their unsolicited 
 suffrages, calls me before you to pass through the solemnities preparatory 
 to taking upon myself the duties of president of the United Stales, for 
 another teim. For their approbation otmy public conduct, flirough a 
 period which has not been without its difficulties, and for this renewed ex- 
 pression of their confidence in my good intentions, 1 am at a loss for 
 terms adequate to the expression of my gratitude. It shall be displayed, 
 to the extent of my humble abilities, in continued efforts so to administer 
 the government, as to preserve their liberty and promote their happiness. 
 So many events have occurred within the last four years, which have 
 necessarily called torth, sometimesunder circumstances the most delicate 
 and painful, my views of the principles and policy which ought to be 
 pursued by the general goverment, that I need, on this occasion, but 
 allude to a few leading considerations, connected with some of them. 
 
 The foreign policy adopted by our government soon after the formation 
 of our present constitution, and very generally pursued by successive 
 administrations, has been crowned with almost complete succc^ss, and has 
 elevated our character among the nations of the earth, 'i'o do justice to 
 all, and submit to wrong from none, has been, during my administration, 
 its governing maxim, and so happy have been its results, that we are not 
 only at peace with all the world, but have few causes of controversy, and 
 those of minor importance, remaining unadjusted. 
 
 In the domestic policy of this government, there are two objects which 
 especially deserve the attention of the people and their representatives, 
 and which have been, and will continue to be, the subjects of my 
 increasing solicitude. They are the preservation of the rights of the seve- 
 ral states, and the integrity of the union. 
 
 These great objects are necessarily connected, and can only be attained 
 by an enlightened exercise of the powers of each within its appropriate 
 sphere, in conformity with the public will constitutionally expressed. To 
 this end, it becomes the duty of all to yield a ready and patriotic sub- 
 
]48 [March 4, 
 
 mission lo the laws constitutionally enacted, and thereby promote and 
 stren^-then a piopcr coiifuience in those institutions of the several states 
 and of the United States which the people themselves have ordained for 
 their own g^overnment. 
 
 My experience in public concerns, and the observation of a life some- 
 what advanced, confirm the opinions long since imbibed by me, that the 
 destruction of our state governments, or the annihilation of their control 
 over the local concerns of the people, would lead directly to revolution 
 and anarchy, and finally to despotism and military domination. In pro- 
 portion, therefore, as the general government encroaches upon the rights 
 of the states, in the same proportion does it impair its own power and 
 detract fi-om its ability to fulfil the purposes of its creation. Solemnly 
 impressed with these considerations, my countrymen will ever find me 
 ready to exercise m.y constitutional powers in arresting measures which 
 may directly or indirectly encroach upon the rights of the states, or tend 
 to consolidate all political po.ver in the general government. But of 
 equal, and indeed of incalculable importance is the union of these states, 
 and the sacred duty of all to contribute to its preservation by a liberal 
 support of the general government in the exercise of its just powers. 
 You have been wisely admonished to "accustom yourselves to think and 
 speak of the union as the palladium of your political safety and pros- 
 perity, watching for its preservation with jealous anxiety, discountenanc- 
 ing'- whatever may suggest even a suspicion that it can in any event be 
 abandoned, and indignantly frowning upon the first dawning of any 
 attempt to alienate any portion of our country from the rest, or to enfeeble 
 the sacred ties which now link together the various parts." Without 
 union our independence and liberty would never have been achieved — 
 without union tliey never can be maintained. Divided into twenty-four, 
 or even a smaller number of separate communities, Ave shall see our in- 
 ternal trade burthened with numberless restraints and exactions; com- 
 munication between distant points and sections obstructed, or cut off; our 
 sons made soldiers to deluge with blood the fields they now till in peace; 
 liie mass of our people borne down and impoverished by taxes to support 
 armies and navies; and military leaders at the head of their victorious 
 legions becoming our law-givers and judges. The loss of liberty, of all 
 good government, of peace, plenty, and happiness, must inevitably follow 
 a dissolution of the union. In supporting it, therefore, we support all 
 that is dear to the freeman and the philanthropist. 
 
 The time at which 1 stand before you is full of interest. The eyes of 
 all nations are fixed on our republic. The event of the existing crisis 
 will be decisive in the opinnion of mankind of the practicability of our 
 federal system of government. Great is the stake placed in our hands: 
 great is the responsibility which must rest upon the people of the United 
 States. Let us realize the importance of the attitude in which we stand 
 before the world. Let us exercise forbearance and firmness. Let us 
 extricate our country from the dangers which sun ound it, and learn wis- 
 dom from the lessons they inculcate. 
 
 Deeply impressed vvilii the truth of these observations and under the 
 obligation of that solemn oath whi h I am about to take, 1 shall continue 
 
1833.] J49 
 
 to exert all my faculties to maintain the just powers of the constitution 
 and to transmit unimpaired to posterity the blessings of our federal union! 
 At the same time, it will be my aim to inculcate, by my official acts, the 
 necessity of exercising, by the general government, those powers only 
 that are clearly delegated; to encourage simplicity and economy in the 
 expenditures of the government; to raise no more money from the people 
 than may be requisite for these objects, an in a manner that will best 
 promote the interest of all classes of the community, and of all portions 
 of the union. 
 
 Constantly bearing in mind that, in entering into society, ^'individuals 
 must give up a share of liberty to preserve the rest," it will be my desire 
 so to discharge my duties as to foster, with our brethren in all parts of 
 the country, a spirit of liberal concession and compromise; and, by re- 
 conciling our fellow citizens to those partial sacrifices which they must 
 unavoidably make, for the preservation of a greater good, to recommend 
 our invaluable government and union to the confidence and affections of 
 the American people. 
 
 Finally, it is my most fervent prayer, to that Almighty Being before 
 whom I now stand, and who has kept us in his hands from the infancy 
 of our republic to the present day, that he will so overrule all my inten- 
 tions and actions, and inspire the hearts of my fellow citizens,, that we 
 may be preserved from dangers of all kinds, and continue forever a 
 UNITED AND HAPPY PEOPLE. 
 
 19 
 
 •4 
 
READ TO THE CABINET, 
 
 SEPTEMBER 18, 1833. 
 
/ 
 
READ TO THE CABINET, 
 
 ON THE 18 th O F S E FT E iVl B E R, 1 8 33. 
 
 Having carefully and anxiously considered all the facts and argu- 
 ments which have been submitted to him, relative to a removal of the 
 public deposites from the Bank of the United States, the president deems 
 it his duty to communicate in this manner to his cabinet the final conclu- 
 sions oi his own mind, and the reasons on which they are founded, in 
 order to put them in a durable form, and to prevent misconceptions. 
 
 The president's convictions of the dangerous tendencies of the Bank 
 of the United States, since signally illustrated by its own acts, were so 
 overpowering when he entered upon the duties of chief magistrate, that 
 he felt it his duty, notwithstanding the objections of the friends by whom 
 he was surrounded, to avail himself of the first occasion to call the at- 
 tention of congress and the people to the question of its re-charter. The 
 opinions expressed in his annual message of December, 1829, were reit- 
 erated in those of December 1830 and 1331; and in that of 1530 he 
 threw out for consideration some suggestions in relation to a substitute. 
 At the session of 18:31— -2. an act was passed, by a majority of both 
 houses of congress, re-chartering the present bank upon which the presi- 
 dent felt it his duty to put his constitutional veto. In his message return- 
 ing that act he repeated and enlarged upon the principles and views brief- 
 ly asserted in his annual messages, declaring the bank to be, in his opin- 
 ion, both inexpedient and uncon"stitutional,and announcing to his country- 
 men, very unequivocally, his firm determination never to sanction, by his 
 approval, the continuance of that institution, or the establishment of any 
 other upon similar principles. 
 
 There are strong reasons for believing that the motive of the bank, 
 in asking for a re-charter at that session of congress, was to make it a 
 leading question in the election of a president of the United States the 
 ensuing November, and all steps deemed necessary were taken to pro- 
 cure from the people a reversal of the president's decision. 
 
 Although the charter was approaching its termination, and the bank 
 was aware that it was the intention of the government to use the public 
 deposites, as fast as they accrued, in the payments of the public debt, 
 
154 [September, 
 
 yet it did extend its loans from January, 1831, to May, 1832, from 42,- 
 402,304 dollars to 70,428,070, dollars being an increase of 28,025,766 
 dollars in sixteen months. It is confidently believed, that the leading ob- 
 ject of this immense extension of its loans, was to bring as large a por- 
 tion of the people as possible under its power and influence; and it has 
 been disclosed that some of the largest sums were granted on very unu- 
 sual terms to conductors of the public press. In some of these cases the 
 motive was made manifest by the nominal or insufficient security taken 
 for the loans, by the large amounts discounted, by the extraordinary time 
 allowed for payment, and especially by the subsequent conduct of those 
 receiving the accommodations. 
 
 Having taken these preliminary steps to obtain control over public 
 opinion, the bank came into congress, and asked a new charter. The 
 object avowed by many of the advocates of the bank was to put the pre- 
 sident to the test, that the country might know his final determination re- 
 lative to the bank, prior to the ensuing election. Many documents and 
 articles were printed and circulated at the expense of the bank, to bring 
 the people to a favourable decision upon its pretensions. Those whom 
 the bank appears to have made its debtors, for the special occasion, were 
 warned of the ruin which awaited them should the president be sustain- 
 ed, and attempts were made to alarm the wdiole people, by painting the 
 depression in the price of property and produce, and the general loss, 
 inconvenience, and distress which it was represented would immediately 
 follow the re election of the president in opposition to the bank. 
 
 Can it now be said that the question of a re-charter of the bank was 
 not decided at the election which ensued.'' Had the veto been equivocal, 
 or had it not covered the whole ground, — if it had merely taken excep- 
 tions to the details of the bill, or to the time of its passage, — if it had not 
 met the whole ground of constitutionality and expediency, then there 
 might have been some plausibility for the allegation that the question was 
 not decided by the people. It was to compel the president to take his 
 stand that the question vvas brought forward at that particular time. He 
 met the challenge, willingly took the position into which his adversaries 
 sought to force him, and frankly declared his unalterable opposition to 
 the bank, as being both unconstitutional and inexpedient. On that ground 
 the case was argued to the people, and now that the people have sustain- 
 ed the president, notwithstanding tlie array of influence and power which 
 was brought to bear upon him, it is too late, he confidently thinks, to say 
 that the question has not been decided. Whatever may be the opinion 
 of others, the president considers his re-election as a decision of the peo- 
 ple against the bank. In the concluding paragraph of his veto message 
 he said — 
 
 ^'I have now done my duty to my country. If sustained by my fellow- 
 citizens, I shall be grateful and happy; if not, I shall find in the motives 
 which impel me ample grounds for contentment and peace." 
 
 He was sustained by a just people, and he desires to evince his grati- 
 tude, by carrying into eifect their decision so far as it depends upon him. 
 
 Of all the substitutes for the present bank which have been suggested, 
 none seems to have united any considerable portion of the public in its 
 
1833.] 155 
 
 favour. Most of them are liable to the same constitutional objections for 
 whicli the present bank has been condemned, and perhaps to all there 
 are strong objections on the score of expediency. In ridding the coun- 
 try of the irresponsible power which has attempted to control the go- 
 vernment, care must be taken not to unite the same power with the ex- 
 ecutive branch. To give a president the control over the currency, and 
 the power over individuals now possessed by the Bank of the United 
 States, even with the material difference that he is responsible to the people, 
 would be as objectionable and as dangerous as to leave it as it is. Neith- 
 er the one nor the other is necessary, and therefore ought not to be re- 
 sorted to. 
 
 On the whole, the president considers it as conclusively settled that 
 the charter of the Bank of the United States will not be renewed, and he 
 has no reasonable ground to believe that any substitute will be establish- 
 ed. Being bound to regulate his course by the laws as they exist, and 
 not to anticipate the interference of the legislative power, for the pur- 
 pose of framing new systems, it is proper for him seasonably to consider 
 the means by which the services rendered by the Bank of the United 
 States are to be performed after its charter shall expire. 
 
 The existing laws delarec, that ''the deposites of the mouey of the 
 United States in places in which the said bank and branches thereof may 
 be established, shall be made in said bank or branches thereof, unless the 
 secretary of the treasury shall at any time otherwise order and direct, in 
 w^hich case the secretary of the treasury shall immediately lay before 
 congress, if in session, and if not, immediately after the commencement 
 of the next session, the reasons of such order or directions." 
 
 The power of the secretary of the treasury over the deposites is un- 
 qualified. Jhe provision that he shall report his reasons to congress is no 
 limitation. Had it not beenlnserted, he would have been responsible 
 to congress had he made a removal for any other than good reasons, and 
 his responsibility now ceases upon the rendition of sufficient ones to con- 
 gress. The only object of the provision is to make his reasons accessible 
 to congress, and enable that body the more readily to judge of their 
 soundness and purity, and thereupon to make such further provision by 
 law as the legislative power may think proper in relation to the deposites 
 of the public money. Those reasons may be very diversified. It was 
 asserted by the secretary of the treasury, without contradiction, as early 
 as 1817, that he had power, "to control the proceedings" of the Bank 
 of the United States at any moment, "by changing the deposites to the 
 state banks, should it pursue an illiberal couri^e towards those institu- 
 tions;" that " the secretary of the treasury will always be disposed to 
 support the credit of the state banks, and will invariably direct transfers 
 from the deposites of the public money in aid of their legitimate exertions 
 to maintain their credit;" and he asserted a right to employ the state 
 banks when the Bank of the United States sho'uld refuse to receive on 
 deposites the notes of such state banks as the public interest required 
 should be received in payment of the public dues. In several instances 
 he did transfer the public deposites to state banks, in the immediate 
 
156 [September, 
 
 vicinity of branches, for reasons connected only with the safety of those 
 banks, the public convenience, and the interests of tlie treasury. 
 
 If it was lauful for Mr. Crawford, the secretary of the treasury at 
 that time, to act on these principles, it will be dithcult to discover any 
 sound reason against the application of similar principles in still stronger 
 cases. And it is a matter of surprise that a power which, in the infancy 
 of the bank, was freely asserted as one of the ordinary and familiar duties 
 of the secretary of the treasury should now be gravely questioned, and 
 an attempt made to excite and alarm the public mind, as if some new 
 and unheard-of power vvas about to be usurped by the executive branch 
 of the government. 
 
 It is but little more than two and a half years to the termination of the 
 charter of the present bank. It is considered, as the decision of this 
 country tliat it shall then cease to exist, and no man, the president be- 
 lieves, has reasonable ground for expectations that any other bank of the 
 United States will be created by congress. To the treasury department 
 is entrusted the safe keeping and faithful application of the public moneys. 
 A plan of collection ditferent from the present must, therefore, be 
 introduced and put in complete operation before the dissolution of the 
 present bank. AVhen shall it be commenced? Shall no step be taken in 
 this essential concern until the charter expires, and the treasury finds it- 
 self without an agent, its accounts in confusion, with no depository for 
 its funds, and the whole business of the government deranged.'' Or shall 
 it be delayed until six months, or a year, or two years, before the ex- 
 piration of the charter.'' It is obvious, that any new system which may 
 be substituted in the place of the Bank of the United States, could not be 
 suddenly carried into effect, on the termination of its existence, without 
 serious inconvenience to the government and the people. Its vast amount 
 of notes is then to be redeemed and w^ithdr3wn from circulation, and its 
 immense debts collected. Tliese operations must be gradual,other- 
 wise much suiVering and distress will be brought upon the community. It 
 ought to be not a work of months only, but of years, and the president 
 thinks it cannot, with due attention to the interests of the people, be 
 longer postponed. It is safer to begin it too soon than to delay it too long. 
 
 It is for the wisdom of congiess to decide upon the best substitute to 
 be adopted in the place of the Bank of the United States; and the pres- 
 ident would have felt himself relieved from a heavy and painful respon- 
 sibility if, in the charter to the bank, congress had reserved to itself the 
 power offdirecting, at its pleasure, the public money to be elsewhere de- 
 posited, and had not devolved that power exclusively on one of the ex- 
 ecutive departments. It is useless now to inquire why this high and 
 important power was surrendered by those who are peculiarly and ap- 
 propriately the guardians of the public money. Perhaps it was an 
 oversight. But as the president presumes that the charter of the bank 
 is to be considered as a contract on the part of the government, it is not 
 now in the power of congress to disregard its stipulations; and by the 
 terms of that contract the public money is to be deposited in the bank 
 during the continuance of its charter, unless the secretary of the treasury 
 shall otherwise direct. Unless, therefore, the secretary of the treasury 
 
1833.] 157 
 
 first acts, congress have no power over the subject, for they cannot add 
 a new clause to the charter, or strike one out of it, without the con- 
 sent of the hank; and consequently the juiMic. money must remain in 
 that institution to the last hour of its existence, unless the secretary of 
 the treasury shall remove it at an earlier day. The responsibilly is thus 
 thrown upon the executive branch of the government, of deciding how 
 long before the expiration of the charter the public interests will re- 
 quire the deposites to be placed elsewhere; and although, accord ingto the 
 frame and principle of our government, this decision would seem more 
 properly to belong to the legislative power, yet, as the law has imposed 
 it upon the executive department, the duty ought to be faithfully and firmly 
 met, and the decision made and executed upon the best lights that can 
 be obtained, and the best judgment that can be formed. It would ill 
 become the executive branch of the government to shrink from any 
 duty which the law imposes on it, to fix upon others the responsibility 
 which justly belongs to itself. 
 
 And while the president anxiously wishes to abstain from the exercise 
 of doubtful powers, and to avoid all interference with the rights and duties 
 of others, he must yet, with unshaken constancy, discharge his own obli- 
 gations: and cannot allow himself to turn aside, in order to avoid any 
 responsibility which the high trust with which he has been honoured 
 requires him to encounter; and it being the duty of one of the executive 
 departments to decide, in the first instance, subject to the future action of 
 the legislative power, whether the public deposites shall remain in the 
 Bank of the United States until the end of its existence, or be with- 
 drawn some time before, the president has felt liimself bound to examine 
 the question carefully and deliberately, in order to make up his judgment 
 on the subject; and in his opinion the near approach of the termination of 
 the charter, and the public considerations heretofore mentioned, are of 
 themselves amply sufiicient to justify the removal of the deposites with- 
 out reference to the conduct of the bank, or their safety in its keeping. 
 
 But in the conduct of the bank may be found other reasons very im- 
 perative in their character, and which require prompt action. Devel- 
 opements have been made from time to time of its faithlessness as apubhc 
 agent, its misapplicaiion of public funds, its interference in elections, its 
 efforts by the machinery of committees to deprive the government 
 directors of a full knowledge of its concerns, and above all, its flagrant 
 misconduct as recently and unexpectedly disclosed in placing all the funds 
 of the bank, including the money of the government, at the disposition of 
 the president of the bank, as means of operating upon public opinion and 
 procuring a new charter, wilhout requiring him to render a voucher for 
 their disbursement. A brief recapitulation of the facts which justify these 
 charges and which have come to the knowledge of the public and the 
 president will, he thinks, remove every reasonable doubt as to the course 
 which it is now the duty of the president to pursue.^ 
 
 We have seen, that in sixteen months, ending in May, 1833, the bank 
 had extended its loans more than 2S,000,000 dollars, alihough it knew the 
 govemment intended to appropriatCimost of its large deposites during thit 
 20 
 
158 [September, 
 
 year in payment of the public debt. It was in May, 1832, that its loans 
 arrived at tlie maximum, and in the preceding March, so sensible was 
 the bank that it would not be able to pay over the public deposites when 
 it would be required by the government, that it commenced a secret ne- 
 gotiation, without the approbation or knowledge of the government, with 
 thea"-pnls, for about 2,700000 dollars of the 3 per cent, slocks held in 
 Holland, with a vi^w of inducing them not to come forward for payment 
 for one or more years after notice should be given by the treasury de- 
 partment. This arrangement would have enabled the bank to keep and 
 use during that time the public money set apart for the payment of these 
 stocks. 
 
 After this negotiation liad commenced, the secretary of the treasury 
 informed the bank that it was his intention to pay off one-half of the 3 
 pe.' cents, on the first of the succeeding July, which amounted to about 
 6,500,000 dollars. The president of the bank, although the committee 
 of investigation was then looking into its aifairs at Philadelphia, came 
 immediately to Washington, aud upon representing that the bank was 
 desirous of accommodating the importing merchants at New York (wliicb 
 it failed to do), and undertaking to pay the interest itself, procured tlie 
 consent of the secretary, after consulting with the president, to postpone 
 the payment until the succeeding first of October. 
 
 Conscious that at the end of that quarter the bank would not be able 
 to pay over th'e deposites, and that further indulgence was not to be expec- 
 ted of the government, an agent was di^spalched to England, secretly to 
 negotiate with the holders of the public debt in Europe, and induce 
 ihem by the offer of an equal or higher interest than that paid by the govern- 
 ment, to hold back their claims for one year, during which the bank ex- 
 pected thus to retain the use of 5,000,000 dollars of public money, 
 which the government should set apart for the payment of that debt. The 
 agent made an arrangement on terms, in part, which were in direct vio- 
 lation of the charter of the bank, and when some incidents connected 
 with this secret negotiation accidentally came to the knowledge of the 
 public and the govenmient, tlien, and not before, so much of it as was palpa- 
 bly in violation of the charter was disavowed! A modification of the 
 rest was attem})ted, with the view of getting the certificates without pay- 
 ment of the money, and tlius absolving the government from its liability to 
 the holders, tn this scheme the bank was partially successful, but to 
 this day the certificates of a portion of these stocks Imve not been paid, 
 and the bank retains the use of the money. 
 
 This elfort to thwart the government in the payment of the public debt, 
 that it might retain the public money to be used ibr their private interests, 
 palliated by pretences notoriously unfounded and insinceie, would have 
 justified the instant withdrawal of the public deposites. The negotiation 
 itself rendered doubtful the ability of the bank to meet the demands of 
 the treasury, and the misrepresentations by which it was attempted to be 
 justified, proved that no reliance could be placed upon its allegations. 
 
 If the question of the removal of the deposites presented itself to the 
 executive in the same attitude that it appeared before the house of rep- 
 resentatives at their last session, their resolution in relation to the safety 
 
1833.] 159 
 
 of the deposiles would be entitled to more weight, although the decision 
 of the question of removal has been contided by law to another depart- 
 ment of the government. But the question now occurs, attended by oth- 
 er circumstances and new disclosures ol the most serious import. It is 
 true that in the message of the president, wliich produced this inquiry 
 and resolution on the jjart of the liouse of representatives, it was his ob- 
 ject to obtain the aid of tiiat body in m;iking a thorough examination into 
 the conduct and condition of the bank and its branches, in order to ena- 
 ble the executive department to decide whether the public money was 
 longer safe in its hands. The limited power of the secretary of the 
 treasury over the subject, disabled him from making the investigation as 
 fully and satisfactoiy as it could be done by a committee o( the house of 
 representatives, and hence the president desired the assistance of con- 
 gress to obtain for the treasury department a full knowledge of all the 
 facts which were necessary to guide his judgment. But it was not his 
 purpose, as the language of his message will show, to ask the represen- 
 tatives of the people to assume a responsibility which did not belong to 
 them, and relieve the executive branch of the government from the duty 
 which the law had im[)osed upon it. It is due to the president that his 
 object in that proceeding should be distinctly understood, and that he 
 should acquit himself of all suspicion of seeking to escape from the per- 
 formance of his own duties, or of desiring to interpose another body be- 
 tween himself and the people, in order to avoid a measure which he is 
 called upon to meet. But although, as an act of justice to himself, he 
 disclaims any design of soliciting the opinion of the house of representa- 
 tives in relation to his own duties, in order to shelter himself fiom the re- 
 sponsibility under the sanction of their council, yet he is at all times ready 
 to listen to the suggestions of the representatives of thp people, whether 
 given voluntarily or u()on solicitation, and to consider them with the pro- 
 found respect to which all will admit they are justly entitled. Whatetr- 
 er may be the consequences, howeveV, to himself, he must finally form 
 his own judgment where the constitution and the law make it his duty to 
 decide, and must act accordingly, and he is bound to suppose that such a 
 course on his part will never be regarded by that elevated body as a mark 
 of disrespect to itself, but that they will, on the contrary, esteem it the 
 strongest evidence he can give of his fixed resolution conscientiously to 
 discharge his duty to them and his country. 
 
 A new state ot things has, however, arisen since the close of the last 
 session of congress, and evidence has since been laid before the presi- 
 dent, which he is pursuaded would have led the house of representatives 
 to a different conclusion, if it had come to their knowledge. The fact 
 that the bank controls, and in some cases substantially owns, and by its 
 money supports some of the leading presses of the country, is now more 
 clearly established. Editors to whom it loaned extravagant sums in 1831 
 and lb32, on unusual time and nominal security, have since turned out to 
 be insolvents; and to others, apparently in no better condition, accomo- 
 dations still more extravagant, on terms more unusual, and sometimes 
 without any security, have also been heedlessly granted. 
 
 The allegation which has so often circulated through these channels. 
 
160 ] September, 
 
 that the treasury was bankrupt, find the bank were sustaining it, when 
 for manv years there iias not been less on an average than six millions of 
 public money in that institution, might be passed over as a harmless mis- 
 representation; but when it is attempted by substantial acts to impair the 
 credit of the government, and tarnish the honor of the country, such 
 chari^es require more serious attention. With six milhons of public mo- 
 ney m its vaults, after having had the use of from five to twelve millions 
 for nine years, without interest, it became the purchaser of a bill drawn 
 by our irovernment on that of France for about 900,000 dollars, being 
 the firsiinstalment of the French indemnity. The purchase-money was 
 left in the use of the bank, being simply added to the treasury deposites. 
 The bank sold the bill in England, and the holder sent it to France for 
 collection, and arrangements not having been made by the French go- 
 vernment for its payment, it was taken up by the agents of the bank in 
 Paris with the funds of the bank in their hands. Under these circum- 
 stances it has, through its organs, openly assailed the credit of the go- 
 vernment; and has actually made, and persists in a demand of 15 per cent, 
 or loS,742.77 dollars as damages, when no damage or none beyond some 
 trifling expense, has in fact been sustained; and when the bank had in its 
 own possession, ondeposite several millions of the public money, which 
 it was then using for its own profit. Is a fiscal agent of the government, 
 which thus seeks to enrich itself at the expense of the public, worthy of 
 further trust? 
 
 There are other important facts not in the contemplation of the house 
 of representatives, or not known to the members at the time they voted 
 for the resolution. 
 
 Although the charter and the rules of the bank both declare that "not 
 less than seven directors" shall be necessary to the transaction of busi- 
 ness, yet the most important business, even that of granting discounts to 
 any extent, is intrusted to a committee of five members, who do not re- 
 port to the ijoard. 
 
 To cut off all means of communication with the government in relation 
 to its own most important acts, at the commencement of the present year 
 not one of the government directors was placed on any one committee; 
 and although since, by an unusual remodelling of those bodies, some of 
 those directors have been placed on some of the committees, they are 
 yet entirely excluded from the committee of exchange, through which 
 the greatest and most objectionable loans have been made. 
 
 "When the government directors made an effort to bring back the bu- 
 siness of the bank to the board, in obedience to the charter and the ex- 
 isting regulations, the board not only overruled their attempt, but altered 
 the rule, so as to make it conform to the practice, in direct violation of 
 one of the most miportant provisions of the charter which gave them ex- 
 istence. 
 
 It has long been known that the president of the bank by his single 
 will originates and executes many of the most important measures con- 
 nected with the management and credit of the bank; and that the com- 
 mittee, as well as the board of directors, are left in entire ignorance of 
 many acts done, and correspondence carried on, in their name, and ap- 
 
1833.] 161 
 
 parently under their authority. The fact has heen recently disclosed, 
 that an unlimited discretion has been, and is now, vested in the president 
 of the bank, to expend its funds in payment for preparinir and circulating 
 articles, and purchasing pamphlets and ne\vspa[)ers, calculated by their 
 contents to operate on elections, and secure a renewal of its charterr It 
 appears from the otficial report of the public directors, that on the 30lh 
 of November, 1830, the president submitted to the board an article pub- 
 lished in the Jlmerican Quarterly Review^ containing favourable notices of 
 the bank, and suggesting the expediency of giving it a wider circulation 
 at the expense of the bank; whereupon the board passed the following 
 resolution, viz: — 
 
 '•Resolved, — That the president be authorised to tnke such measures 
 in regard to the circulation cf the contents of the said article, either in 
 whole or in part, as he may deem most for the interest of the bank." 
 
 By an entry in the minutes of the bank, dated March 11th, 1831, 
 it appears that the president had not only caused a large edition of that 
 article to be issued, but had also, before the resolution of the 30th of No- 
 vember was adopted, procured to be printed and widely circulated nu- 
 merous copies of the reports of General Smith and Mr. M'Dutfie in fa- 
 vour of the bank, and on that day he suggested the expediency of extend- 
 ing his power to the printing ot other articles which might subserve the 
 purposes of the institution. Whereupon the following resolution was 
 adopted, viz: — 
 
 "Resolved, — That the president is hereby authorised to cause to be 
 prepared and circulated, such documents and papers as may communicate 
 to the people information in regard to the nature and operations of the 
 bank." 
 
 The expenditures purporting to have been made under authority of 
 these resolutions, during the years 1831 and 1832, were about 80,000 
 dollars. For a portion of these expenditures vouchers were rendered, 
 from which it appears that they were incurred in the purchase of some 
 hundred thousand copies of newspapers, reports and speeches made in 
 congress, reviews of the veto message, and reviews of speeches against 
 the bank, &c. For another large portion no vouchers whatever were 
 rendered, but the various sums were paid on orders of the president of 
 the bank, making reference to the resolution of the 1 1th of March, 1831. 
 On ascertaining these facts, and perceiving that expenditures of a si- 
 milar character were still continued, the government directors a few 
 weeks ago offered a resolution to the board calling for a specific account 
 of these expenditures, showing the objects to which they had been ap- 
 plied, and the persons to whom the money had been paid. This rea- 
 sonable proposition was voted down. 
 
 They also offered a resolution, rescinding the resolutions of Novem- 
 ber, 1830, and March, 1831. This was also rejected. 
 
 Not content with thus refusing to recall the obnoxious power, or even 
 to require such an account of the expenditure as would show whether 
 the money of the bank had, in fact, been applied to the objects contem- 
 plated by those resolutions, as obnoxious as they were, the board re- 
 newed the power already conferred, and even enjoined renewed atten- 
 
162 [September, 
 
 tion to its exercise, by adopting the followino^ in lieu of the proposition 
 submitted by the croveinment directors:— viz: 
 
 ''Resolvfd, — That the board have confidence in the wisdom and in- 
 teo-rily of ilie president, and in the propriety of the resolutions of the 
 30ih of November, 1830, and the 11th of iMarch, 1831, and entertain a 
 full conviction of the necessif}' of a renewed attention to tiie object of 
 those resolutions, and tliat the president be authorised and requested to 
 continue his exertions for the promotion of the said objeci." 
 
 'i'aken in connexion with i!ie natuie of the expenditures heretofore 
 made, as recently disclosed, which the board not only tolerate but ap- 
 prove, this resolution puts the funds of the bank at the disposition of the 
 president, for the purpose of employing the whole press of the country 
 in the service of the bank, to hire writers and newspapers, and to pay 
 out such sums as he pleases, to what persons and for what services he 
 pleases, without the responsibility of rendering any specific account. 
 The bank is thusconveited into a vast electioneering engine, with means 
 to embroil the country in deadly feuds, and under cover of expenditures 
 in themselves improper, extend its corruption through all the ramifica- 
 tions of society. 
 
 Some of the items for which accounts have been rendered, show the 
 construction which has been given to the resolutions, and the way in 
 which the power it confers has been exerted. The money has not been 
 expended merely in the publication and distribution of speeches, reports 
 of committees, and of articles written for the purpose of showing the 
 constitutionality or usefulness of the bank. Publications have been pre- 
 pared and extensively circulated, containing the grossest invectives 
 against the officers of the government; and the money which belongs to 
 the stockholders and to the public, has been freely applied in efforts to 
 degrade in public estimation those who were supposed to be instrumental 
 in resisting the wislies of this grasping and dangerous Institution. As 
 the president of the bank has not been required to settle his accounts, no 
 one but himself yet knows how much more than the sum already men- 
 tioned may have been squandered, and for which a credit may hereafter 
 be claimed in his account, under this most extraordinary resolution. 
 Willi these facts before us, can we be surprised at the torrent of abuse 
 incessantly poured out against all who are supposed to stand in the way 
 of die cupidity or ambition of the Bank of the United Slates? Can we be sur- 
 prised at sudden and unexpected changes of opinion in favour of an insti- 
 tution wdiich has millions to lavish, and avows its determination not to 
 spare its means when they are necessary to accomplish its purposes? 
 Tlie refusal to render an account of the nianner in which a part of the 
 money expended has been applied, gives just cause for the suspicion that 
 it has been used for purposes which it is not deemed prudent to expose 
 to the eyes of an intelligent and virtuous people. Those who act justly 
 do not shun the light, nor do they refuse explanations when the proprie- 
 ty of their conduct is brought into question. 
 
 With these facts before him, in an official report from the government 
 directors, the president would feel that he was not only responsible for all 
 the abuses and corruptions the bank has committed, or may commit, but 
 
1883], 163 
 
 almost an accomplice in a conspiracy against that government which he 
 had sworn honestly to administer, if he did not take every step within 
 his constitutional and legal power, likely to be efficient in putting an end 
 to these enormities. If it be possible, within the scope of liuman aftairs, 
 to find a reason for removing the government deposites, and leaving the 
 bank to I's own resources for the means of effecting its criminal designs, 
 we have it here. Was it expected, when the moneys of the United States 
 were directed to be placed in thai bank, that they would be put under 
 the control of one man, empowered to spend millions without rendering 
 a voucher or specifying the object.? Can they be considered safe, with 
 the evidence before us, that tens of thousands have been spent for highly 
 improper, if not corrupt purposes, and that the same motive may lead to 
 the expenditure of hundreds of thousands, and even millions more.'' And 
 can we justify ourselves to the people by longer lending to it the money 
 and the power of the government, to be employed for such purposes.? 
 
 It has been alleged by some, as an objection to the removal of the de- 
 posites, that the bank has the power and in that event will have the dis- 
 position, to destroy the state banks employed by the government, and 
 bring distress upon the country. It has been the fortune of the presi- 
 dent to encounter dangers which were represented as equally alarming, 
 and he has seen them vanish before resolution and energy. Pictures 
 equally appalling were paraded before him when this bank came to de- 
 mand a new charter. But what was the result.? Has the country been 
 ruined, or even distressed.? Was )t ever more prosperous than since 
 that act.? The president veiily believes that the bank has not the power 
 to produce the| calamities its friends threaten. The funds of the govern- 
 ment will not be annihilated by being transferred — they will immediately 
 be issued for the benefit of trade, and if the Bank of the United States 
 curtails its loans, the state banks, strengthened by the public deposites 
 will extend theirs. What comes in through one bank, will go out through 
 others, and the equilibrium will loe preserved. Should the hank, for the 
 mere purpose of producing distress, press its debtors more heavily than 
 some of them can bear, the consequences will recoil upon itself, — and in 
 the attempts to embarrass the country, it will only bring loss and ruin 
 upon the holders of its own stock. But if the president believed the 
 bank possessed all the power udiich has been atti-ibutcd to it, his deter- 
 mination would only be rendered the more inflexible. It^, indeed, this 
 corporation now holds in its hands the happiness and prosperity of the 
 American people, it is high time to take the alai-m. If the despotism 
 be already upon us, and our only safety is in the mercy of the despot, 
 recent developements in relation to his designs, andtlie means he employs 
 show how necessary it is to shake it off. The struggle can never come 
 with less distress to the people, nor under more favourable auspices, 
 than at the present moment. 
 
 All doubt as to the willingness of the state banks to undertake the ser- 
 vice ol the government to the same extent, and on the same terms, as it 
 is now performed by the Bank of the United States, is put to rest by the 
 report of the agent recently employed to collect information; and from 
 that willingness their own safety in the operation may be confidently in- 
 
164 [September 
 
 lered. Knowing Uieir own resources better than they can be known by 
 ethers, it is not to be supposed that they would be willins; to place them- 
 selves in a situation which they caniiol occupy without danger of annihi- 
 lation or embarrassment. The only consideiation applies to the saiety of 
 the public funds, it deposited in those institutions. And when it is seen 
 that the directors of many of them are not only wnUini^ to pledj^e the 
 character and capital of the corporations in giving success to this mea- 
 sure, but also their own property and reputation, w^e cannot doubt that 
 they, at least, believe the public deposites would be safe in their man- 
 a^-ement. The president thinks that these facts and circumstances afford 
 as strong a guarantee as can be had in human affairs for the safety of the 
 public funds, and the practicability of a new system of collection and 
 disbursement through the agency of the state banks. 
 
 From all ihese considerations, the piesident thinks that the state banks 
 ought immediately to be employed in the collection and disbursement of 
 the j)ublic revenue, and the funds now in the Barik of the United States 
 drawn out with all convenient despatch. The safety of the public mo- 
 neys, if deposited in the state banks, must be secured beyond all reasona- 
 ble doubts-, but V e extent and nature of the security, m addition to their 
 capital, if any be deemed necessary, is a subject oi detail to which the 
 treasury department will undoubtedly give its anxious attention. The 
 banks to be employed must remit the moneys of the government without 
 chaiice, as the Bank of the United States now does; must render all the 
 services which that bank now j)erfoi'ms; must keep the government ad- 
 vised of their situation by periodical returns; in fine, in any arrange- 
 ment with tlie state oanks, the government must not, in any respect, be 
 placed on a worse footing than it now is. The president is happy to 
 perceive, by the report of the agent, that the banks which he has con- 
 sulted have in general consented to perform the service on these terms, 
 and that those in New-York have further agreed to make payments in 
 London without other cliarge than theuK re cost of the bills of exchange. 
 
 It should also be enjoined on any banks which may be employed, that 
 it will he expected ol'lhem to facilitate don^.estic exchanges for the bene- 
 fit of intei-nal commerce; to grant all reasonable facilities to the payers of 
 the levenue; to exercise the utmost liberality towards the other state 
 banks; and to do nothing uselessly to embarrass the Bank of the United 
 States. 
 
 As one of the most serious objections to the Bank of the United States 
 is the power which it concentrates, care must be taken, in finding other 
 agents lor the service of the ti'easury, not to raise up another power 
 equally formidable. Although it would probably be impossible to pro- 
 duce such a result by any organization of the state banks which could 
 be devised, yet it is desirable to avoid even the appearance. To this 
 end it vvoultl be expedient to assume no more power over them, and in- 
 terfere no more in their all'airs than might be absolutely necessary to the 
 security of the public deposites, and the faithful perlorir.ance of their 
 duties as agents o! the treasury. Any interference by them in the politi- 
 cal contests of the country, wilii a view to influence elections, ought, ia 
 
ISaS.] 165 
 
 the opinion of the president, to be followed by an immediate discharge 
 from the public service. 
 
 It is the desire of the president that the control of the banks and the 
 currency shall, as far as possible, be entirely separated from the politi- 
 cal power of the country, as well as wrested from an institution which 
 has already attempted to subject the government to its will. In his opin- 
 ion, the action of the general government on this subject, ought not to ex- 
 tend beyond the grant in the constitution, which only authorizes congress 
 "to coin money and regulate the value thereof;" all else belongs to the 
 states and the people, and must be regulated by public opinion and the 
 interests of trade. 
 
 In conclusion, the president must be permitted to remark that he looks 
 upon the pending question as of higher consideration than the mere trans- 
 fer of a sum of money from one bank to another. Its decision may af- 
 fect the character of our government for ages to come. Should the bank 
 be suffered longer to use the public money in the ^accomplishment of its 
 purposes, with the proofs of its faithlessness and corruption before our 
 eyes, the patriotic among our citizens will despair of success in struggling 
 against its power, and we shall be responsible for entailing it upon our 
 country for ever. Viewing it as a question of transcendant importance, 
 both in the principles and consequences it involves, the president could 
 not, in justice to the responsibility which he owes to the country, refrain 
 from pressing upon the secretary of the treasury his view of the consid- 
 erations which impel to immediate action. Upon him has been devolved, 
 by the constitution and the suffrages of the American people, the duty of 
 superintending the operation of the executive departments of the govern- 
 ment, and seeing that the laws are fahhfully execuied. 
 
 In the performance of this high trust, it is his undoubted right to express 
 to those whom the laws and his own choice have made his associates in 
 the administration of the government, his opinion of their duties, under 
 circumstances as they arise. It is this right which he now exercises. 
 Far be it from him to expect or require, that any member of the cabinet 
 should, at his request, order, or dictation, do any act which he beheves 
 unlawful, or in his conscience condemns. From them, and from his fel- 
 low-citizens in general, he desires only that aid and support which their 
 reason approves and their conscience sanctions. 
 
 In the remarks he has made on this all-important question, he trusts 
 the secretary of the treasury will see only the frank and respectful dec- 
 larations of the opinions which the president has formed on a measure 
 of great national interest, deeply affecting the character and usefulness of 
 his administration; and not a spirit of dictation, which the president would 
 be as careful to avoid, as ready to resist. Happy will he be, if the facts 
 now disclosed produce uniformity of opinion and unity of action among 
 the members of the administration. 
 
 The president again repeats, that he begs his cabinet to consider the 
 proposed measure as his own, in the support of which he shall require no 
 one of them to make a sacrifice of opinion or principle. Its responsi- 
 bility has been assumed, after the most mature deliberation and reflec- 
 ^1 
 
166 [September 
 
 tion, as necessary to preserve the morals of the people, the freedom of 
 the press, and the purity of the elective fraochise, wilbofrt which all will 
 unite in saying that the blood and treasure expended by our forefathers 
 in the establishment of our happy system of governiDent,wiII have been 
 vain and fruitless. Under these convictions, he feels that a measure so 
 important to the American people cannot be commenced too soon; and 
 he therefore names the 1st day of October next as a period proper for 
 the change of the deposites, or sooner, provided the necessary arrange- 
 ments with the state banks can be made. 
 
 ANDREW JACKSON. 
 
MESSAGE TO CONGRESS. 
 
 Commiuiicated December 3, 1833. 
 
MESSAGE TO CONGRESS- 
 
 Coniniunicated December 3, 1833. 
 
 Fellow citizens of the Senate 
 
 and House of Representatives: 
 
 On your assembling to perform the high trusts which the people of 
 the United States have confided to you, of legislating for their common 
 welfare, it gives me pleasure to congratulate you upon the happy con- 
 dition of our beloved country. By the favor of Divine Providence, 
 health is again restored to us: peace reigns within our borders: abundance 
 crowns the labors of our fields: commerce and domestic industry flourish 
 and increase: and individual happiness rewards the private virtue and en- 
 terprise of our citizens. 
 
 Our condition abroad is no less honorable than it is prosperous at 
 home. Seeking nothing that is not right, and determined to submit to 
 nothing that is wrong, but desiring honest friendship and liberal in- 
 tercourse with all nations, the United States have gained through- 
 out the world the confidence and respect which are due to the character 
 of the American people, and to a policy so just, and so congenial to the 
 spirit of their institutions. 
 
 In bringing to your notice the particular state of our foreign affairs, it 
 affords me high gratification to inform you, that they are in a condition 
 which promises the continuance of friendship with all nations. 
 
 With Great Britain the interesting question of our northeastern bound- 
 ary remains still undecided. A negotiation, however, upon that subject 
 has been renewed since the close of the last congress; and a proposition 
 has been submitted to the British government with the view of establish- 
 ing, in conformity with the resolution of the Senate, the line designated 
 by the treaty of 1783. Though no definitive answer has been received, 
 it may be daily looked for, and I entertain a hope that the overture may 
 ultimately lead to a satisfactory adjustment of this important niatter. 
 
 I have the satisfaction to inform you that a negotiation, which, by de- 
 sire of the house of representatives, was opened, some years ago, with the 
 British government, for the erection of light houses on the Bahamas, has 
 
170 [December, 
 
 been successful. Those works, when completed, together with those 
 which the United States have constructed on the western side of the 
 gulf of Florida, will contribute essentially to the safety of navigation in 
 that sea. This joint participation in establishments interesting to human- 
 ity and beneficial to commerce, is worthy of two enlightened nations, 
 and indicates feelings which cannot fail to have a happy influence upon 
 their political relations. It is gratifying to the friends of both to perceive 
 that the intercourse between the two people is becoming daily more ex- 
 tensive, and that sentiments of mutual good w^illhave grown up, befitting 
 their common origin, justifying the hope, that by wise counsels on each 
 side, not only unsettled questions may be satisfactorily terminated, but 
 new causes of misunderstanding prevented. 
 
 Notwithstanding that I continue to receive the most amicable assuran- 
 ces from the government of France, and that in all other respects the 
 most friendly relations exist between the United States and that govern- 
 ment, it is to be regretted that the stipulations ot the convention conclu- 
 ded on the 4th July, 1831, remain, in some important parts, unfulfilled. 
 
 B}' the second article of that convention, it was stipulated that the sum 
 payable to the United States, should be paid at Paris, in six annual in- 
 stalments, into the hands of such person or persons as should be authoris- 
 ed by the government of the United States to receive it; and by the same 
 article the first instalment was payable on the second day of February, 
 1833. By the act of congress of the 13th July, 1832, it was made the 
 duty of the secretary of the treasury, to cause the several instalments, 
 with the interest thereon, to be received from the French government, 
 and transferred to the United States, in such manner as he may deem 
 best; and by the same act of congress, the stipulations on the part of the 
 United States, in the convention, were, in all respects, fulfilled. Not 
 doubting that a treaty thus made, and ratified by the two governments, 
 and faithfully executed by the United States, would be promptly com- 
 plied with by the other party, and desiring to avoid the risk and expense 
 of intermediate agencies, the secretary of the treasury deemed it advis- 
 able to receive and transfer the first instalment by means of a draft upon 
 the French minister of finance. A draft for this purpose was according- 
 ly drawn in favor of the cashier of the bank of the United States, for the 
 amount accruing to the United States out of the first instalment and the 
 interest payable with it. This bill was not drawn at Washington until 
 five days after the instalment was payable at Paris, and was accompanied 
 by a special authority from the president, authorising the cashier,- or his 
 assigns, to receive the amount. — The mode thus adopted of receiving 
 the instalment, vvas officially made known to the French government, by 
 the American charge d'affaires at Paris, pursuant to instructions from the 
 department of state. The bill, however, though not presented for pay- 
 ment until the twenty- third day of March, was not paid, and for the rea- 
 son assigned by the French minister of finance, that no appropriation had 
 been made by the French chambers. It is not known to me that, up to 
 that period, any appropriation had been required of the chambers; and 
 although a communication was subsequently made to the chambers, by 
 direction of the king, recommending that the necessary provision should 
 
1833.] 171 
 
 be made for carrying the convention into effect, it was at an advanced 
 period of the session, and the subject w^as finally postponed until the next 
 meeting of the chambers. 
 
 Notwithstanding it has been supposed by the French ministry, that the 
 financial stipulations of the treaty cannot be carried into effect without 
 an appropriation by the chambers, it appears to me not only consistent 
 with the charter of France, but due to the character of both governments, 
 as well as to the rights of our citizens, to treat the convention made and 
 ratified, in proper form, as pledging the good faith of the French gov- 
 ernment for its execution, and as imposing upon each department an ob- 
 ligation to fulfil it; and I have received assurances through our charge 
 d'affaires at Paris, and the French minister plenipotentiary at Washington, 
 and more recently through the minister of the U. States at Paris, that 
 the delay has not proceeded from any indisposition on the part of the 
 king and his ministers, to fulfil the treaty, and that measures will be pre- 
 sented at the next meeting of the chambers, and with a reasonable hope 
 of success, to obtain the necessary appropriation. \ 
 
 It is necessary to state, however, that the documents, except certain 
 lists of vessels captured, condemned, or burnt at sea, proper to facilitate 
 the examination and liquidation of the reclamations comprised in the stipu- 
 lations of the convention, and which, by the 6th article, France engaged to 
 communicate to the United States by the intermediary of the legation, 
 though repeatedly applied for by the American charge d'affaires, under 
 instructions from this government, have not yet been communicated; and 
 this delay, it is apprehended, will necessarily prevent the completion of 
 the duties assigned to the commissioners within the time at present pre- 
 scribed by law. 
 
 The reasons for delaying to communicate these documents have Bot 
 been explicitly stated, and this is the more to be regretted, as it is not 
 understood that the interposition of the chambers is in any manner re- 
 quired for the delivery of those papers. 
 
 Under these circumstances, in a case so important to the interests of 
 our citizens and to the character of our country, and under disappoint- 
 ments so unexpected, I deemed it my duty, however I might respect the 
 general assurances to which I have adverted, no longer to delay the ap- 
 pointment of a minister plenipotentiary to Paris, but to despatch him in 
 season to communicate the result of his application to the French govern- 
 ment at an early period of your session. I accordingly appointed a dis- 
 tinguished citizen for this purpose, who proceeded on his mission in Au- 
 gust last, and was presented to the king, early in the month of October. 
 He is particularly instructed as to all matters connected with the present 
 posture of affairs, and I indulge the hope that, with the representations he 
 is instructed to make, and from the disposition manifestei by the king 
 and his ministers, in their recent assurances to our minister at Paris, the 
 subject will be early considered and satisfactorily disposed of at the next 
 meeting of the chambers. 
 
 As this subject involves important interests and has attracted a consid- 
 erable share of the public attention, I have deemed it proper to make 
 his explicit statement of its actual condition; and should I be disappoiat- 
 
172 [December, 
 
 ed in the hope now entertained, the subject will be again brought to the 
 notice of congress in such a manner as the occasion may require. 
 
 The friendly relations which have always been maintained between 
 the United States and Russia, have been further extended and strength- 
 ened by the treaty of navigation and commerce, concluded on the 6th of 
 December last, and sanctioned by tiie senate before the close of its last 
 session. The ratiilcations having been since exchanged, the liberal pro- 
 visions of the treaty are now in full force; and, under the encourage- 
 ment which tliey have received,, a flourishing and increasing commerce, 
 yielding its benefits to the enterprize of both nations, affords to each the 
 just recompense of wise measures, and adds new motives for that mutual 
 friendship which the two countries have hitherto cherished towards each 
 other. 
 
 It affords me peculiar satisfaction to state, that the government of 
 Spain has at length yielded to the justice of the claims which have been 
 so long urged in behalf of our citizens, and has expressed a willingness 
 to provide an indemnification, as soon as the proper amount can be 
 agreed upon. Upon this latter point, it is probable an understanding had 
 taken place between the minister of the United States and the Spanish 
 government before the decease of the late king of Spain; and, unless that 
 event may have delayed its completion, there is reason to hope that it 
 may be in my power to announce to you, early in your present session, 
 the conclusion of a convention upon terms not less favorable than those 
 entered into for similar objects with other nations. That act of justice 
 would well accord with the character of Spain, and is due to the United 
 States from their ancient friend. It could not fail to strengthen the sen- 
 timents of amity and good will between the two nations, which it is so 
 much the wish of the United States to cherish, and so truly the interest 
 of both to maintain. 
 
 By the first section of an act of congress passed on the 13th July, 1832, 
 tlie tonnage duty on Spanish ships arriving from the pofts of Spain, was 
 limited to the duty payable on American vessels in the ports of Spain, 
 previous to the 20th October, 1817, being five cents per ton. The act 
 was intended to give eftiect, on our side, to an arrangement made with 
 the Spanish government, by which discriminating duties of tonnage were 
 abolished in the ports of the United States and Spain, on the vessels of 
 the two nations. Pursuant to that arrangement, which was carried into 
 effect on the pait of Spain, on the 20th of May 1832, by a royal order 
 dated the 29tli of April, 1532, American vessels in the ports of Spain have 
 paid five cents per ton, which rate of duty is also paid in those ports by 
 Spanish ships; but as American vessels pay no tonnage duty in the ports 
 of the United States, the duty of five cents payable in our ports by Spanish 
 vessels, under the act above mentioned, is really a discriminating duty, 
 operating to the disadvantage ot Spain. Though no complaint has 
 yet been made on the part of Spain, we are not the less bound by the 
 obligations of good faith, to remove the discrimination; and I recommend 
 that tlie act be amended accordingly. As the royal order, above allud- 
 ed to, includes the ports of the Balearic and Canary islands, as well as 
 those of Spain, it would seem that the provisions of the act of congress 
 
1833.] 173 
 
 should be equally extensive; and that for the repayment of such duties as 
 may have been improperly received, an addition should be made to the 
 sum appropriated at the last session of conj^ress for refunding discrimi- 
 nating duties. 
 
 As the arrangement referred to, however, did not embrace the islands 
 of Cuba, and Porto Rico, discriminating duties, to the prejudice of 
 American sliipping, continue to be levied there. From the extent of the 
 commerce carried on between the United Slates and those islands, par- 
 ticularly the former, this discrimination causes serious injury to one of 
 those great national interests which it has been considered an essential 
 part of our policy to cherish, and has given rise to complaints on the 
 part of our merchants. Under instructions given to our minister at Mad- 
 rid, earnest representations have been made by him to the Spanish go- 
 vernment upon tliis subject, and there is reason to expect, from the 
 friendly disposition which is entertained towards this country, that a be- 
 neficial change will be produced. The disadvantage, however, to which 
 our shipping is subjected by the operation of these discriminating duties, 
 requires that they be met by suitable countervailing duties during your 
 present session — power being at t!ie same time vested in the president 
 to modify or discontinue them, as the discriminating duties on American 
 vessels or their cargoes may be modified or discontinued at those islands. 
 Intimations have been given to the Spanish government, that the United 
 States may be obliged to resort to such measures as are of necessary 
 self-defence; and there is no reason to apprehend that they would be un- 
 favorably received. The proposed proceeding, if adopted, would not 
 be permitted, however, in any degree to induce a relaxation in the ef- 
 forts of our minister to effect a repeal of this irregularity, by friendly ne- 
 gotiation; and it might serve to give force to his representations, by 
 showing the dangers to which that valuable trade is exposed, by the ob- 
 structions and burthens which a system of discriminating and counter- 
 vailing duties necessarily produces. 
 
 The selection and preparation of the Florida archives, for the purpose 
 of being delivered over to the United States, in conformity with the royal 
 order, as mentioned in my last annual message, though in progress, has 
 not yet been completed. This delay has been produced, partly by causes 
 which were unavoidable, particularly the prevalence of cholera at Hav- 
 ana; but measures have been taken, which it is believed will expedite the 
 delivery of those important records. 
 
 Congress were informed, at the opening of the last session, that, 
 "owing , as was alleged, to embarrassments in the finances of Portugal, 
 consequent upon the civil war in which that nation was engaged," pay- 
 ment had been made of only one instalment of the amount which the Por- 
 tuguese government had stipulated to pay for indemnifying our citizens 
 for property illegally captured in the blockade of Terceira. Since that 
 time, a postponement for two years, with interest, of the two remaining 
 instalments, was requested by the Portugese government; and as a consi- 
 deration, it offered to stipulate that rice of the United States should be 
 admitted into Portugal, at the same duties as Brazilian rice. Being 
 22 
 
174 [December, 
 
 satisfied that no better arrangement could be made, my consent was given; 
 and a roval order of the king of Portugal was accordingly issued on the 
 4th of February last, for the reduction of the duty on rice of the United 
 States. It would give me great pleasure if, in speaking of that country, 
 in whose prosperity the United States are so mucli interested, and with 
 whom a long subsisting, extensive and mutually advantageous commercial 
 intcicourse has strengthened the relations of friendship, I could announce 
 to you the restordtion of its internal tranquilliiy. 
 
 Subsequently to the commencement of the last session of congress, the 
 final instalment payable by Denmark, under the convention of the 28th 
 day of March, 1830, was received. The commissioners for examining 
 the claims have since terminated their labours, and their awards have 
 been paid at the treasury as they have been called for. The justice ren- 
 dered to our citizens by that government, is thus completed, and a pledge 
 is thereby afforded for the maintenance of tliat friendly intercourse be- 
 coming the relations that the two nations mutually bear to each other. 
 
 It is satisfactory to inform you that the Danish government have re- 
 cently issued an ordinance by which the commerce of the islands of St. 
 Croix is placed on a more liberal footing than heretofore. This change 
 cannot fail to prove beneficial to the trade between the United States and 
 that colon} ; and the advantages likely to flow from it may lead to greater 
 relaxations in the colonial systems of other nations. 
 
 TJie ratifications of the convention with the king of the Two Sicilies, 
 have been duly exchanged, and the commissioners appointed for exam- 
 ining the claims under it, have entered upon the duties assigned to then> 
 by law. The friendship that the interests of tlie two nations require of 
 them, being now established, it may be hoped tiiat each will enjoy the 
 benefits which a liberal commerce should yield to both. 
 
 A treaty of amity and commerce between the United States and Bel- 
 gium, was concluded during the last winter, and received the sanction of 
 the senate: but the exchange of the ratifications lias been hitherto delay- 
 ed, in consequence, in the first instance, of some delay in the reception 
 of the treaty at Brussels, and subsequently, of the absence of the Belgian 
 minister of foreign afiairs, at the important conference in which his go- 
 vernment is engaged at London. 
 
 That treaty does but embody those enlarged principles of friendly 
 policy, which, it is sincerely hoped, will always regulate the conduct of 
 the two nations, having such strong motives to maintain amicable rela- 
 tions towards each other, and so sincerely desires to cherish them. 
 
 With all the other European powers with whom the United States 
 have formed diplomatic relations, and with the Sublime Porte, the best 
 understanding prevails. From all I continue to receive assurances of 
 good will towards the United States — assurances which it gives me no 
 less pleasure to recijjrocate than to receive. With all, the engagements 
 which have been entered into, are fulfilled with good faith on both sides. 
 Measures have also been taken to enlarge our friendly relations and ex- 
 tend our commercial intercourse with other states. The system we fiave 
 pursued of aiming at no exclusive advantages, of dealing with all on 
 terms of fair and equal reciprocity, and of adhering scrupulously to all 
 
1838.] 175 
 
 our engagements, is well calculated to give success to efforts Intended to 
 be mutually beneficial. 
 
 The wars of which the southern part of this continent was, so long, 
 the theatre, and which were carried on, either by the mother country 
 against the states which had formerly been her colonies, or by the states 
 against each other, having terminated, and their civil dissensions Iiaving 
 so far subsided, as, with ^ew exceptions, no longer to disturb the public 
 tranquillity, it is earnestly hoped those states will be able to employ 
 themselves without interruption in perfecting their institutions, cultivating 
 the arts of peace, and promoting, by wise counsels and able exertions, the 
 public and private prosperity which their patriotic struggles so well en- 
 titled them to enjoy. 
 
 With those states our relations have undergone but little change during 
 the present year. No reunion having yet taken place between the states 
 which composed the republic of Colombia, our charge d'affaires at Bogota 
 has been accredited to the government of New Granada, and we have 
 therefore no diplomatic relations with Venezuela and Equator, except as 
 they may be included in those heretofore formed with the Colombian re- 
 public. It is understood that representatives from the three states were 
 about to assemble at Bogota, to confer on the subject of their mutual in- 
 terests, particularly that of their union; and if the result should render it 
 necessary, measures will be taken on our part to preserve with each that 
 friendship and those liberal commercial connections which it has been the 
 constant desire of the United States to cultivate with their sister repub- 
 lics of this hemisphere. Until the important question of reunion shall 
 be settled, however, the different matters which have been under discus- 
 sion between the United States and the republic of Colombia, or either 
 of the states which composed it, are not likely to be brought to a satis- 
 factory issue. 
 
 In consequence of the illness of the charge d'affaires appointed to Cen- 
 tral America at the last session of congress, he was prevented from pro- 
 ceeding on his mission until the month of October. It is hoped, however, 
 that he is by this time at his post, and that the official intercourse, unfor- 
 tunately so long interrupted, has been thus renewed on the part of the 
 two nations, so amicably and advantageously connected by engagements 
 founded on the most enlarged principles of commercial reciprocity. 
 
 It is gratifying to state that since my last annual message, some of the 
 most important claims of our fellow citizens upon the government of 
 Brazil have been satisfactorily adjusted, and a reliance is placed on the 
 friendly dispositions manifested by it that justice will also be done in oth- 
 ers. No new causes of complaint have arisen: and the trade between the 
 two countvies flourishes under the encouragement secured to it by the 
 liberal provisions of the treaty. 
 
 It is cause of regret, that owing probably to the civil dissensions 
 which have occupied the attention of the Mexican government, the time 
 fixed by the treaty of limits with the U. States for the meeting of the 
 commissioners to define the boundaries between the two nations, has 
 been suffered to expire without the appointment of any commissioners 
 on the part of that government. While the true boundary remains in 
 
176 . [December, 
 
 doubt bj either party, it is difficult to give effect to those measures which 
 are necessary to the protection and quiet ot" our numerous citizens resid- 
 -ino- near that frontier. The subject is one of great solicitude to the 
 United States, and will not lail to receive my earnest attention. 
 
 The treaty concluded with Chili, and approved by the senate at its 
 last session, was also latified by the Chilian government, but with certain 
 additional and explanatory artich s of a nature to iiave required it to be 
 a"-ain submitted to the senate. The time limited for the exchange of the 
 ratifications, however, having since expired, the action of both govern- 
 ments on the treaty will again become necessary. 
 
 The negotiation commenced with the Argentine republic, relative to 
 the outiages committed on our vessels engaged in the fisheries at the 
 Falkland islands, by persons acting under the color of its authority, as 
 as well as the other matters in controversy between the two governments, 
 have been suspended by the departure of the charge d'affaires of the 
 United States from Buenos Ayres. It is understood, however, that a 
 minister was subsequently appointed by that government to renew the 
 negotiation in the United States, but, though daily expected, he has not 
 yet arrived in this country. 
 
 With Peru no treaty lias yet been formed, and with Bolivia no diplo- 
 matic intercourse has yet been established. It will be my endeavor to 
 encourage those sentiments of amity and that liberal commerce which 
 belong to the relations in which all the independent states of this conti- 
 nent stand towards each other. 
 
 I deem it proper to recommend to your notice the revision of our con- 
 sular system. This has become an important branch of the public ser- 
 vice, inasmuch as it is intimately connected wnth the preservation of 
 our national character abroad, wnth the interest of our citizens in foreign 
 countries, with the regulation and care of our commerce, and with the 
 protection of our seamen. At the close of the last session of congress 
 1 communicated a report from the secretary of state upon the subject, 
 to which I now refer, as containing information which may be useful in 
 any inquiries that congress may see fit to institute with a view to a salu- 
 tary reform of the system. 
 
 It gives me great pleasure to congratulate you upon the prosperous 
 condition of the finances of the country, as will appear from the report 
 which the secretary of the treasury will, in due time, lay before you. 
 The receipts into the treasury during the present year will amount to 
 more than thirty two millions of dollars. The revenue derived from the 
 customs, will, it is believed, be more than 28 millions, and the pub- 
 lic lands will yield about three millions. The expenditures within the 
 year for all objects, including ^2,572,240 99 on account of the public 
 debt, will not amount to twenty-five millions: and a large balance will 
 remain in the treasury after satisfying all the appropriations chargeable 
 on the revenue for the present year. 
 
 The measures taken by the secretary of the treasury will probably 
 enable him to pay off, in the course of the present year, the residue of 
 the exchanged four and a half per cent, stock, redeemable on the first 
 of January next. It has, therefore, been included in the estimated expen- 
 
1833.] j'yy 
 
 diture of this year, and forms a part of the sum above stated to have been 
 paid on account of the public debt. The payment of this stock will reduce 
 the whole debt of the United States, funded and unfunded, to the sum of 
 $4,760,082. OS. And as provision has already been made for the four 
 and a half cent, above mentioned, and cliarjred in the 'expenses of the 
 present year, the sum last stated is all that now remains of the national 
 debt; and the revenue of the comin^^ year, together with the balance now 
 in the treasury, will be sulficient to discharge it, after meeting the cur- 
 rent expenses of the a^overnment. Under the power given to'^the com- 
 missioners of the sinking: fund, it will, I have no doubt, be purchased on 
 favourable terms within the year. 
 
 From this view of the state of th'e finances, and the public engagements 
 yet to be fulfilled, you will perceive that, if Providence pennhs me to 
 meet you another session, I shall have the high gratification of announc- 
 ing to you that the national debt is extinguished. I cannot refrain from 
 expressing the pleasure I feel at the near approach of that desirable 
 event. ^ The short period of time within which the public debt will have 
 been discharged, is strong evidence of the abundant resources of the 
 country, and of the prudence and economy with which the government 
 has heretofore been administered. We have w^aged two wars since we 
 became a nation, with one of the most powerful kingdoms in the world 
 — both of them undertaken in defence of our dearest rights— both suc- 
 cessfully prosecuted and honorably terminated— and many of those who 
 partook in the first struggle, as well as the second, will have lived to see. 
 the last item of the debt incurred in these necessary but expensive con- 
 flicts, faithfully and honestly discharged— and we shall have the proud 
 satisfaction of bequeathing to the public servants who follow us in the 
 administration of the government, the rare blessing of a revenue suffi- 
 ciently abundant— raised without injustice or oppression to our citizens 
 —and unincumbered with any burthens but what they themselves shall 
 think proper to impose upon it. 
 
 The flourishing state of the finances ought not, however, to encour- 
 age us to indulge in a lavish expenditure of the public treasure. The re- 
 ceipts of the present year do not furnish the test by which we are to es- 
 timate the income of the next. The changes made in our revenue sys- 
 tem by the acts of congress of 1832 and 1833, and more especially by 
 the former, have swelled the receipts of the present year far beyond the 
 amount to be expected in future years upon the reduced tarift^ of duties. 
 The shortened credits on revenue bonds, and tlie cash duties on wool- 
 lens which were introduced by the act of 1832, and took effect on the 
 4th of iVlarch last, have brought large sums into the treasury in 1833 
 which, according to the credits formerly given, would not have been 
 payable until 1834, and would have formed a part of the income of that 
 year. These causes would of themselves produce a great diminution of 
 the receipts in the year 1834, as compared with the present one; and 
 they will be still more diminished by the reduced rates of duties which 
 take place on the first of January next, on some of the most imoortant 
 and productive articles. Upon the best estimates that can be made the 
 
178 [December, 
 
 receipts of the next year with the aid of the unappropriated amount now 
 in the treasury will not be much more than sufficient to meet the expenses 
 ol"lhe year and pay the small remnant of the national debt which yet re- 
 mains unsatisfied. Icamiot, Iherefore, recommend to you any alteralion 
 in the present tariff of duties. The rate as now fixed by law on the va- 
 rious articles \vas adopted at the last session of congress as a matter of 
 compromise with unusual unanimity, and unless it is found to produce 
 more than the necessities of the government call for, there would seem 
 to be no reason at this time to justify a change. 
 
 But while I forbear to recommend any further reduction of the duties, 
 beyond that already provided for by the existing laws, I must earnestly 
 and respectfully press upon congress the importance of abstaining from 
 all appropriations which are not absolutely required for the public inter- 
 ests, and authorised by the powers clearly delegated to the United States. 
 "We are beginning a new era in our government. The national debt, 
 which has so long been a burthen on the treasury, will be finally dis- 
 charged in the course of the ensuing year. iNo more money will after- 
 wards be needed than what may be necessary to meet the ordinary ex- 
 penses of the government. Now then is the proper moment to fix our 
 system of expenditure on firm and durable principles: and I cannot too 
 strongly urge the necessity of a rigid economy, and an inflexible deter- 
 mination not to enlarge the income beyond the real necessities of the go- 
 vernment, and not to increase the wants of the government by unneces- 
 sary and profuse expenditures. If a contrary course should be pursued, 
 it may happen that the revenue of 1834 will fall short of the demands 
 4]pon it; and after reducing thetarifl'in order to lighten the burthens ol the 
 people, and providing for a still further reduction to take effect hereafter, 
 it would be much to be deplored if, at the endof another year, we should 
 find ourselves obliged to retrace our steps and impose additional taxes to 
 meet unnecessary expenditures. 
 
 It is my duty, on this occasion, to call your attention to the destruction 
 of the public building occupied by the treasury department, which hap- 
 pened since the last adjournment of congress. A thorough inquiry into 
 the causes of tliis loss was directed and made at the time, the result of 
 which will be duly communicated to you. I take pleasure, however, in 
 stating here, that by the laudable exertions of the officers of the depart- 
 ment, and many of the citizens of the district, but few papers were lost 
 and none that will materially affect the public interest. 
 
 The public convenience requires that another building should be erect- 
 ed as soon as practicable; and in providing for it, it will be advisable to 
 enlarge, in some manner, the accommodations for the public officers of 
 the several departments, and to authorise the erection of suitable deposi- 
 tories for the safe keeping of the public documents and records. 
 
 Since the last adjournment of congress, the secretary of the treasury 
 has directed the money of the United States to be deposited in certain 
 state Danks, designated by him, and he will immediately lay before you 
 his reasons for this direction. I concur with him entirely in the view 
 he has taken of the subject, and some months before the removal I urged 
 upon the department the propriety of taking that step. The near up- 
 
1833.] 179 
 
 proach of the day on wliicli the charter will expire, as well as the con- 
 duct of the bank, appeared tome to cp.U for this measure, upon the hii^h 
 consideritions of puolic interest and public duty. The extent of its 
 misconduct, however, altliou.^h known to be great, was not at that time 
 fully developed by proof. It was not until late in the month of August, 
 that I received from the government directors an official report, establish- 
 ing beyond question, tliat this great and powerful institution had been ac- 
 tively engaged in attempiing to influence tlie elections of the public offi- 
 cers, by means of its money; and that, in violation of the express pro- 
 visions of its charter, it had, by formal resolution, placed its funds at the 
 disposition of its president, to be employed in sustaining the political pow- 
 er of the bank. A copy of this resolution is contained in the report of 
 the government directors, before referred to; and however the objects may 
 be disguised by cautious language, no one can doubt that this money was 
 in truth intended for electioneering purposes, and the particular uses to 
 which it was proved to have been applied, abundantly show that it was 
 so understood. Not only was the evidence complete, as to the past ap- 
 plication of the money and^powerof the bank, to electioneering purposes, 
 but that the resolution of the board of directors authorised the same 
 course to be pursued in future. 
 
 It being thus established, by unquestionable proof, that the bank of the 
 United States w^as converted into a permanent electioneering engine, it 
 appeared to me that the path of duty which the executive department of 
 the government ought to pursue, was not doubtful. As by the terms of 
 the bank charter, no officer but the secretary of the treasury could re- 
 move the deposites, it seemed to me that this authority ought to be at 
 once exerted to deprive that great corporation of the support and coun- 
 tenance of the government in such an use of its funds and such an exer- 
 tion of its power. In this point of the case, the question is distinctly pre- 
 sented, whether the people of the United States are to govern tiirough 
 representatives, chosen by tiieir unbiased suffrages, or whether the power 
 and money of a great corporation are to be secretly exerted to influence 
 their judgment and control their decisions. It must now be determined 
 whether the bank is to have its candidates for all offices in the country, 
 from the highest to the lowest, or whether candidates on both sides of 
 political questions shall be brought forward as heretofore and supported 
 by the usual means. 
 
 At this time the efforts of the bank to control public opinion, throuo-h 
 the distresses of some and the fears of others, are equally apparent, and 
 if possible more objectionable. By a curtailment of its accommodations, 
 more rapid than any emergency requires, and even while it retains spe- 
 cie to an almost unprecedented amount in its vaults, it is attempting to 
 produce great embarrassment in one portion of the community, while 
 through presses known to have been sustained by its money, it attempts, 
 by unfounded alarms, to create a panic to all 
 
 These are the means by which it seems to expect that it can force a 
 restoration of the deposites, and as a necessary consequence, extort from 
 congress a renewal of its charter. I am happy to know that, through 
 the good sense of our people, the effort to get up a panic has hitherto 
 
180 [December, 
 
 failed, and that, throuijh the increased accommodations which the state 
 banks have heen enabled to atibrd, no public distress has followed the 
 exertions of the bank; and it cannot be doubted that the exercise of its 
 power and the expenditure of its money, as well as its efforts to si)read 
 o-roundless alarm will be met and rebuked as they deserve. In my own 
 sphere of duty, I should feel myself called on by the facts disclosed to 
 order a scire facias against the bank, with a view to put an end to tlie 
 chartered riehts it has so palpably violated, were it not that the charter 
 itself will expire as soon as a decision would probably be obtained from 
 the court of last resort. 
 
 I called the attention of congress to this subject in my last annual mes- 
 sage, and informed them that such measures as w^erc within the reach 
 of the secretary of the treasury, had been taken to enable him to judge, 
 whether the public deposites in the bank of the United States were en- 
 tirely safe; but that as his single powers might be inadequate to the ob- 
 ject, I recommended the subject to congress, as worthy of their serious 
 investigation: declaring it as my opinion, that an inquiry into the transac- 
 tions ot that institution, embracing the branches as w-ell as the principal 
 bank, was called for by the credit which was given throughout the 
 country to many serious changes impeaching their character, and which, 
 il true, might justly excite the apprehension that they were no longer a 
 safe depository for the public money. The extent to which the exami- 
 nation, thus recommended, was gone into, is spread upon your journals, 
 and is too well known to require to be stated. Such as was made, re- 
 sulted in a report from a majority of the committee of w^ays and means 
 touching certain specified points only, concluding with a resolution that 
 the government deposites might safely be continued in the bank of the 
 United States. This resolution was adopted at the close of the session, 
 by the vote of a majority of the house of representatives. 
 
 Although I may not always be able to concur in the views of the pub- 
 lic interests, or the duties of its agents, which may be taken by the 
 other departments of the government, or either of its branches, I am, not- 
 withstanding, wiiolly incapable of receiving otherwise than with the most 
 sincere respect, all ojnnions or suggestions proceeding from such a source; 
 and in respect to none am I more inclined to do so, than to the house of 
 representatives. But it will be seen from the brief views at this time 
 taken of the subject by myself, as well as the most ample ones presented 
 by the secretary of tne treasury, that the change in the deposites which 
 has been ordered, has been deemed to be called for by considerations 
 which are not affected by the proceedings referred to, and which, if 
 correctly viewed by that depaitnient, rendered its act a n.atler of impe- 
 rious duty. 
 
 Coming as you do for the most part, immediately from the people and 
 tlic states, by election, and possessing the fullest opportunity to know their 
 sentiments, the present congress will be sincerely solicitous to carry into 
 full and fair effect the will of their constituents in regard to this institu- 
 tion. It will be for those in whose behalf we all act, to decide whether 
 the executive department of the government, in the steps which it has 
 taken on this subject, has been found in the line of his duty. 
 
1833.] 181 
 
 The accompanying report of the secretary of war, with the documents 
 annexed to it, exhibits the operations of the war department for the past 
 year, and the condition of the various subjects entrusted to its administra- 
 tion. 
 
 It will be seen from them that the army maintains the character it has 
 heretofore acquired for efficiency and military knowledge. Nothing has 
 occurred since your last session to require its services beyond the ordi- 
 nary routine of duties, which upon the seaboard and the inland frontier 
 devolve upon it in a time of peace. The system, so wisely adopted and 
 so long pursued, of constructing fortifications at exposed points, and of 
 preparing and collecting the supplies necessary for the military defence 
 of the country, and thus providently furnished in peace the means of de- 
 fence in war, has been continued with the usual results. I recommend 
 to your consideration the various subjects suggested in the report of the 
 secretary of war. Their adoption would promote the public service and 
 meliorate the condition of the army. 
 
 Our relations with the various Indian tribes have been undisturbed 
 since the termination of the difficulties growing out of the hostile ag- 
 gressions of the Sacs and Fox Indians. Several treaties have been form- 
 ed for the relinquishment of territory to the United States, and for the 
 migration of the occupants to the region assigned for their residence, 
 west of the Mississippi. Should these treaties be ratified by the senate, 
 provision will have been made for the removal of almost all the tribes 
 now remaining east of that river, and for the termination of many difficult 
 and embarrassing questions arising out of their anomalous political condi- 
 tion. It is to be hoped that those portions of two of the southern tribes which 
 in that event will present the only remaining difficulties, will realize the 
 necessity of emigration, and will speedily resort to it. My original con- 
 victions upon this subject have been confirmed by the course of events 
 for several years, and experience is every day adding to their strength. 
 
 That those tribes cannot exist, surrounded by our setlleuiciits and in 
 continual contact with our citizens, is certain. They have neither the 
 intelligence, the industry, the moral habits, nor the desire of improvement, 
 which are essential to any favourable change in their condition. Estab- 
 lished in the midst of another and a superior race, and ivithout appre- 
 ciating the causes of their inferiority, or seeking to control them, they must 
 necessarily yield to the force of circumstances, and^re long disappear. 
 Such has been their fate heretofore, and if it is to be averted, and it is, it 
 can only be done by a general removal beyond our boundary and by the 
 reorganization of their political system upon principles adapted to the new 
 relations in which they will be placed. The experiment which has been 
 recently made, has so far proved successful. The emigrants generally 
 are represented to be prosperous and contented, the country suitable to 
 their wants and habits, and the essential articles of subsistence easily 
 procured. When the report of the commissioners now engaged in 
 investigating the condition and prospects of these Indians, and in devising 
 a plan for their intercourse and government is received, I trust ample 
 23 
 
182 [December, 
 
 means of information will be in possession of the government for adjusting 
 all the unsettled questions connected with this interesting subject. 
 
 The operalions of trie navy duiing the year, and its present condition, 
 are fully exhibited in the iiniiual leport from the navy department. 
 
 Suggestions aie made by the secretary, of various improvements, which 
 de>-en'e careful consideration, and most of which, if adopted, bid fair to 
 pi nioie Ihe efficiency ol" this impoitant branch of the public service. 
 Among these are the new oiganizniion ofthe navy board, the revision of 
 the pay to officers, and a change in the period of time, or in the manner 
 of making the annual, appropriations, to which I beg leave to call your 
 particular attention 
 
 The views which are presented on almost every portion of our naval 
 concerns, and, especially, on the amount of force and the number of officers, 
 and the general course oi" policy appropriate in the present state of our 
 country, for securing the great and useful purposes of naval protection, in 
 peace, and due preparation for the contingencies of war, meet with my 
 entire i!p])robation. 
 
 U will he perceived, from the report referred to, that the fiscal concerns 
 of tiie cj'tablishment are in an excellent condition; and it is hoped that 
 congre-s may feel disposed to make piomptly every suitable provision 
 desired either ftor preserving or improving the system. 
 
 The general post office department lias continued upon the strength of 
 its own resources, to facilitate the means of communication between the 
 various poitions of the union with increased activity. The method, 
 however , in which the accounts ofthe transportation ofthe mail have been 
 kept, appears to have presented an impertect view of expenses. It has 
 recently been discovered, that from the earliest records ofthe department, 
 the annual statements have been calculated to exhibit an amount con- 
 siderably short of the actual expense incurred for that service. These 
 illusory statements, together wiili the expense of carrying into effect the 
 law of the last session of congress, establishing new mail routes, and a 
 disposition on the part of the liead of the. department to gratify the wishes 
 ofthe public in tlie extension ofthe mail facilities, have induced him to 
 incur responsibiliiies for their improvement, beyond what the current re- 
 sources ofthe department tvould sustain. As soon as he had discovered 
 the imperfection of the method, he caused gn investigation to be made 
 of its results, and apt)lied the proper remedy to correct the evil. It be- 
 came necessary for hiii\ to withdraw some ofthe improvements which he 
 had made, to bring the expenses ofthe department within its own resour- 
 ces. These expenses were incurred for the public good, and tbc public 
 have enjoyed their benefit. They are now but partially suspended, and 
 that, where they may be discontinued with the least inconvenience to the 
 country. 
 
 Tfie proi^rcssive increase in the income from postages, lias equalled 
 the highest expectations, and it affords demonstrative evidence of the 
 growing impoitaiiee and great utility of this department. The details 
 are exhibited in the accompanying report from the postmaster general. 
 
 The many distressing accidents which have of late occurred in that 
 portion of our navigation carried on by the use of steam power, deserve 
 
1833.] 183 
 
 the immediate and unremitting attention of the constituted authorities of 
 the country. The fact that the number of those fatal disasters is constant- 
 ly increasin:^, notwithstanding the great iinproveniants which are every 
 where made in the machinery employed, and the rapid advances which 
 have been made in tliat branch of science, show very clearly that they 
 are in a great degree the result of criminal negligence on the part of 
 those by whom the vessels are navigated, and to whose care and attention 
 the lives and property of our citizens are so extensively entrusted. 
 
 That these evils may be greatly lessened, if not substantially removed, 
 by means of precautionary and penal legislation, seems to be highly pi-o- 
 bable; so far therefore as the subject can be regarded as within the 
 constitutional purview of congress, I earnestly recommend it to your 
 prompt and serious consideration. 
 
 I would call your attention to the view I have heretofore expressed 
 of the propriety of amending the constitution in relation to the mode of 
 electing the president and vice president of the United States. Regarding 
 it as all important to the future quiet and harmony of the people, that ^^ 
 every intermediate agency in the election of these officers should be re- "jpr 
 moved, and that their eligibility should be limited to one term of either 
 four or six years, I cannot too earnestly invite your consideration of the 
 suhjf.'ct. 
 
 Trusting that your deliberation on all the topics of general interest to 
 which I have adverted, and such otfiers as your more extensive knowledge 
 of the wants of our beloved country may suggest, may be crowned with 
 success, I tender you in conclusion, the co operation which it may be in 
 my power to afford them. 
 
 ANDREW JACKSON, 
 Washington, Dec. 3, 1833. 
 
VETO OF THE LAND BILL, 
 
 IN SENATE, DECEMBER 4, 1833. 
 
VETO OF THE LAND BILL, 
 
 IN SENATE, DECEMBER 4, 1833. 
 
 The following message was received from the president of the United 
 States, (throuijHi Mr. Donelson, his private secretary), returning, with 
 his objections, the bill which originated in the senate at its last session, 
 "appropriating for a limited time the proceeds of the sales of the public 
 lands, and for other purposes." 
 
 To the senate of the United States: 
 
 At the close of the last session of congress I received from that body 
 a bill entitled "an act to appropriate, for a limited time, the proceeds of 
 the sales of tlie public lands of the United States and for granting lands 
 to certain states." The brief period then lemaining before the rising of 
 congress, and the extreme pressure of official duties, unavoidable oa 
 such occasions, did not leave me sufficient time for that full considera- 
 tion of the subject which was due to its great importance. Subsequent 
 consideration and reflection have, however, continued the objections to 
 the bill which presented themselves to my mind upon its first perusal, 
 and have satisfied me that it ought not to become a law. 1 felt myself, 
 therefore, constrained to withhold fiom it my approval, and now return 
 it to the senate, in which it originated, with the reasons on which my 
 dissent is founded. 
 
 I am fully sensible of the importance, as it respects both the harmony 
 and union of the stales, of making, as soon as circumstances will allow of 
 it, a proper and final disposition of the whole subject of the public lands; 
 and any measure for that object, providing for the reimbursement of the 
 United States of those expenses with which they are justly chargeable, 
 that may be consistent with my views of the constitution, sound policy, 
 and the rights of the respective states, will readily receive my co-opera- 
 tion. This bill, however, is not of that character. The arrangement it 
 contemplates is not permanent, but limited to five years only; and in its 
 terms appears to anticipate alterations within that time, at the discretion 
 of congress; and it furnishes no adequate security against those continued 
 agitations of the subject which it should be the principal object of any 
 measure for the disposition of the public lands to avert 
 
188 [December, 
 
 Neither the merits of the bill under consideration, nor the validity of 
 the objections which I have felt it to be my duty to make to its passage, 
 can be correctly appreciated without a full understanding of the manner 
 in which the public lands upon which it is intended to operate, were ac- 
 quired, and the conditions upon which they are now held by the United 
 States. I w^ill, therefore, precede the statement of those objections by a 
 brief and distinct exposition oi' these points. 
 
 The waste lands within the United States constituted one of the early 
 obstacles to the organization of any government for the protection of 
 their common interests. In October, 1777, while congress were framing 
 the articles of confederation, a proposition was made to amend them to 
 the following effect, viz: 
 
 "That the United States in congress assembled, shall have the sole 
 and exclusive right and power to ascertain and fix the western boundary 
 of such states as claim to the Mississippi or South sea, and lay out the 
 land beyond the boundary so ascertained into separate and independent 
 states, from time to lime, as the numbers and circumstances of the peo- 
 ple thereof may require." 
 
 It was, however, rejected; Maryland only voting for it; and so diffi- 
 cult did the subject appear, that the patriots of that body agreed to 
 waive it in the articles of confederation, and leave it for future settle- 
 ment* 
 
 On the submission of the articles to the several state legislatures for 
 ratification, the most formidable objection was found to be in this subject 
 of the waste lands. Maryland, Rhode Island and New-Jersey, instruct- 
 ed their delegates in congress to move amendments to them, providing 
 that the waste of crown lands should be considered the common proper- 
 ty of the United States; but they were rejected. All the states except 
 Maryland acceded to the articles, notwithstanding some of them did so 
 with ihe reservation, that their claim to those lands, as common proper- 
 ty, was not thereby abandoned. 
 
 On the sole ground that no declaration to that efi'ect was contained in 
 the articles, Maryland withheld her assent, and in May, 1779, embodied 
 her objections in the form of instructions to her delegates, which were 
 entered upon the journals of congress. The following extracts are from 
 that document, viz: 
 
 *'ls it possible that those states who are ambitiously grasping at terri- 
 tories, to which in our judgment they have not the least shadow of ex- 
 clusive right, will use with greater moderation the increase of wealth 
 and power, derived from those territories, when acquired, than what 
 they have displayed in their endeavors to acquire them." «S:c. &:c. 
 
 "We are convinced, policy and justice require, that a country unset- 
 tled at the commencement of this war, claimed by the British crown, and 
 ceded to it by the treaty at Paiis, if wrested from the common enemy 
 by the blood and treasure of the thirteen states, should be considered as 
 •a common properly, subject to be parcelled out by congress into free, 
 convenient and independent governments, in such manner and at such 
 times as the wisdom of that assembly shall hereafter direct," &:c. &:c. 
 
1833.] . 189 
 
 Virginia proceeded to open a land office for the sale of her western 
 lands, which produced such excitement as to induce congress in Octo- 
 ber, 1779, to interpose and earnestly recommend to "the said state and 
 all states similarly circumstanced, to forbear the settling or issuing- war- 
 rants for such unappropriated lands, or granting the same during the con- 
 tinuance of the present war." 
 
 In March, 1780, the legislature of New York passed an act tendering- 
 a cession to the United States of the claims of that state to the western 
 territory, preceded by a preamble to the following effect, viz: 
 
 ''Whereas not!;ing under Divine Providence can more efTectually con- 
 tribute to the tranquillity and safety of the United States of America than 
 a federal alliance on such liberal principles as will give satisfaction to 
 its respective members; and whereas, the articles of confederation and 
 perpetual union recommended by the honorable congress of the United 
 States of America, have not proved acceptable to all the states, it having 
 been conceived that a portion of the waste and uncultivated territory 
 within the limits or claims of certain states, ought to be appropriated as 
 a common fund for the expenses of the w^ar; and the people of the state 
 of New ^ork, being on all occasions disposed to manifest their regard 
 for their sister slates and their earnest desire to promote the general in- 
 terest and security, and more especially to accelerate the federal alli- 
 ance, by removing, as far as it depends upon them, the before mention- 
 ed impediment to its final accomplishment," &c. 
 
 This act of New York, the instructions of Maryland, and a remon- 
 strance of Virginia, were referred to a committee of congress, who re- 
 ported a preamble and resolutions thereon, which were adopted on the 
 6th of September, 1780; so much of which as is necessary to elucidate 
 the subject is to tlie following effect, viz; 
 
 "That it appears advisable to press upon those states which can re- 
 move the embarrassments respecting the western country a liberal surrender 
 of a portion of their territorial claims, since they cannot be preserved en- 
 tire without endangering the stability of the general confederacy; to re- 
 mind them how indispensably necessary it is to establish the federal 
 union on a fixed and permanent basis and on principles acceptable to 
 all its respective members; how essential to public credit and confidence, 
 to the support of our army, to the vigor of our councils and success of 
 our measures, to our tranquillity at home, our reputation abroad, to our 
 very existence as a free, sovereign and independent people; that they are 
 fully pursuaded the wisdom of the several legislatures will lead them to 
 a full and impartial consideration of a subject so interesting to the United 
 Slates, and so necessary to the happy establishment of the federal union; 
 that they are confirmed in these expectations by a review of the before- 
 mentioned act of the legislature of New York, submitted to their con- 
 sideration," &c. 
 
 '-'■ Resolved^ That copies of the several papers, referred to the com- 
 
 miltee, be transmitted, with a copy of the report, to the legislatures of 
 
 the several states, and that it be earnestly recommended to tiiose states 
 
 who have claims to the western country, to pass such laws and give their 
 
 24 
 
190 [December, 
 
 delegates in congress such powers as may effectually remove the only 
 obstacle to a final ratification of the articles of confederation; and that 
 the legislature of Maryland be earnestly requested to authorise their dele- 
 gates in congress to subscribe the said articles." 
 
 Following up this policy, congress proceeded, on the 10th October, 
 1780, to pass a resolution pledging the United States to the several states 
 as to the manner in which any lands that might be ceded by them should 
 be disposed of, the material parts of wdiich are as follows, viz: 
 
 ^'■Resolved, That the unappropriated lands which may be ceded or re- 
 linquished to the United States, by any particular state pursuant to the 
 recommendation of congress of the 6th day of September last, shall be 
 disposed of for the common benefit of the United States, and be settled 
 and formed into distinct republican states, which shall become members 
 of the federal union, and have the same rights of sovereignty, freedom 
 and independence as the other states," &c. "That the said lands shall 
 be granted or settled at such times and under such regulations as shall 
 hereafter be agreed on by the United States in congress assembled, or 
 by nine or more of them.'"* 
 
 In February, 1781, the legislature of Maryland passed an act autho- 
 rising their delegates in congress to sign the articles of confederation. 
 The following are extracts from the preamble and body of the act, viz: 
 
 "Whereas it hath been said that the common enemy is encouraged, by 
 this state not acceding to the confederation, to hope that the union of the 
 sister states may be dissolved, and therefore prosecutes the war in ex- 
 pectation of an event so disgraceful to America; and our friend and illus- 
 trious ally are impressed with an idea that the common cause would be 
 promoted by our formally acceding to the confederation," &c. 
 
 The act of which this is the preamble, authorises the delegates of that 
 state to sign the articles, and proceeds to declare, "that, by acceding to 
 the said confederation, this state doth not relinquish, nor intend to re- 
 linquish, any right or interest she hath, with the other united or con- 
 federated States, to the back country," &c. &lc. 
 
 On the first of March, 1781, the delegates of Maryland signed the ar- 
 ticles of confederation, and tlie federal union under that compact was 
 complete. The confiicting claims to the western lands, however, were 
 not disposed of, and continued to give great trouble to congress. Re- 
 peated and urgent calls were made by congress upon the states claiming 
 them, to make liberal cessions to the United States, and it was not until 
 long alter the present constitution was formed, that the grants were com- 
 pleted. 
 
 The deed of cession from New York was executed on the 1st of 
 March, 1781, the day the articles of confederation were ratified, and it 
 was accepted by congress on the 29th October, 1782. One of the con- 
 ditions of this cession, thus tendered and accepted, w^is, that the lands ce- 
 ded to the United States, "s/i«/i be and endure for the use and benefit of 
 suck of the United Slates^ as shall become members of the federal alliance 
 of the said states^ and for no other use or purpose whalsoevery 
 
 The Virginia deed of cession was executed and accepted on the 1st 
 day of March, 1784. One of the conditions of this cession is as follows, viz: 
 
1833.] 191 
 
 "That all the lands within the territory so ceded to the United States 
 and not reserved for or appropriated to any of the before mentioned pur- 
 poses; or disposed of in bounties to the oflicprs and soldiers of the Ameri- 
 can army, sliaJl be considered as a common fiiyid for the use and benefit of 
 such of the United Slates as have b-^come or shall become members of the 
 confederation or federal alliance oj the said states , Virginia inclusive, ac- 
 cording to their usual respective proporlims in the general char<re and ex- 
 penditure, and shall be faithfully and bona fide disposed of for that pur- 
 pose^ and for no other use or purpose whatsoever P 
 
 Within the years 1785, 1786, and 1787, Massachusetts, Connecticut 
 and South Carolina, ceded their claims upon similar conditions. The 
 federal government went into operation under the existing constitution 
 on the 4th of March, 1789. The following is the only provision of that 
 constitution which has a direct bearing on the subject of the public lands, 
 viz: 
 
 "The congress shall have power to dispose of, and make all needful 
 rules and regulations respecting, the territory or other property be- 
 longing to the United States, and nothing in this constitution shall be so 
 construed as to prejudice any claims of the United States, or of any par- 
 ticular state." 
 
 Thus the constitution left all the compacts before made in full force, 
 and the rights of all parties remained the same under the new govern- 
 ment as they were under the confederation. 
 
 The deed of cession of North Carolina was executed in December, 
 1789, and accepted by an act of congress approved April 2, 1790. The 
 third condition of this cession was in the foUowina: words, viz: 
 
 "That all the lands intended to be ceded by virtue of this act to the 
 United States of America, and not appropriated as before mentioned, 
 shall be considered as a common fund for the use and benefit of the 
 United States of America, North Carolina inclusive, according to their 
 respective and usual proportions of the general charge and expenditure, 
 and shall be faithfully disposed of for that purpose, and for no other use 
 or purpose whatever." 
 
 The cession of Geoi^ia was completed on the 16th June, 1802, and 
 in its leading condition, is precisely like that of Virginia and North 
 Carolina. This grant completed the title of the United States to all 
 those lands, generally called public landsj lying within the original limits 
 of the confederacy. Those which have been acquired by the purchase 
 of Louisiana and Florida, having been paid for out of the common trea- 
 sury of the United States, are as much the property of the general go- 
 vernment, to be disposed of for the common benefit, as those ceded by 
 the several states. 
 
 By the facts here collected from the early history of our republic, it 
 appears that the subject ot the public lands entered into the elements of 
 its institutions. It Avas only upon the condition that those lands should 
 be considered as common property, to be disposed of for the benefit of 
 the United States, that some of the states agreed to come into a "per- 
 petual union." The states claiming those lands, acceded to those views, 
 
192 [December, 
 
 and transferred their claims to the United States upon certain specific 
 conditions, and on those conditions, the grants were accepted. These 
 solemn compacts, invited by congress in a resolution declaring the pur- 
 poses to which the proceeds of these lands should be applied, oiiginating 
 before the constitution, and forming the basis on which it was made, 
 bound the United States to a particular course of policy in relation to 
 them, by ties as strong as can be invented to secure the faith of nations. 
 
 As early as May, HSo, congress, in execution of these compacts, 
 passed an ordinance, providing for the sales of lands in the western ter- 
 ritory, and directing the proceeds to be paid into the treasury of the 
 United States. With the same object other ordinances were adopted, 
 prior to the organization of the present government. 
 
 In further execution of these compacts, the congress of the United 
 States, under the present constitution, as early as the 4th of August, 1790, 
 in "an act making provision for the debt of the United States," enacted 
 as follows, viz. 
 
 "That the proceeds, of sales which shall be made of land in the w^est- 
 ern territory, now belonging, or that may hereafter belong, to the United 
 States, shall be, and are hereby appropriated towards sinking or dis- 
 charging the debts for the payment whereof the United States now are, 
 or by virtue of this act may be, holden, and shall be applied solely to 
 that use until the said debt shall be fully satisfied." 
 
 To secure the government of the United States forever, the power to 
 execute those compacts in good faith, the congress of the confederation 
 as early as July 13th, 17»7, in an ordinance for the government of the 
 territory of the United States northwest of the river Ohio, prescribed to 
 the people inhabiting the western territory certain conditions which were 
 declared to be "articles of compact between the original states and the 
 people and states in the said territory" which should "forever remain un- 
 alterable, unless by common consent." In one of these articles it is de- 
 clared that — 
 
 "The legislature of those districts or new states shall never interfere 
 with the primary disposal of the soil by the United States in congress 
 assembled, nor with any regulations congress may find it necessary for se- 
 curing the title in such soil to the bona fide purchasers." 
 
 This condition has been exacted from the people of all the new terri- 
 tories; and to put its obligation beyond dispute, each new state, carved 
 out of the public domain, has been required explicitly to recognize it as 
 one of the condition? of admission into the union. Some of them have 
 declared, through their convention, in separateacts that their people "for- 
 ever disclaim all right and title to the waste and unappropriated lands 
 lying within this state, and that the same shall be and remain at the sole 
 and entire disposition of the United States." 
 
 With such care have the United States reserved to themselves, in all 
 acts down to this day — in legislating for the territories and admitting- 
 states into the union — the unshackled power to execute, in good faith, the 
 compacts of cession made with the original states. From these fact3 
 and proceedings it plainly and certainly results: 
 
 1. That one of the fundamental principles upon which the confedera- 
 
1833.] 193 
 
 tion of the United States was originally based, was that the waste land 
 of the west v/ithin their limits, should be the common property of the 
 IfnKed Stales. 
 
 2. That those lands were ceded to the United States by the states 
 which claimed ihem, and the cessions were accepted, on the express 
 condition that they shoiihi he disposed ol" for the common l)ciicfit of the 
 slates, according- to their respective pioportions in the general char<'-e 
 and expenditure, and for no other purpose whaisoever. 
 
 3. That in execution of these solemn compacts, the congress of the 
 United Slates did, under the confederation, proceed to sell these lands 
 and put the avails into the common treasury; and, under the new consti- 
 tution, did repeatedly pledge them for the payment of the public debt of 
 the United States, by which each state was expected to profit in pro- 
 portion to the general charge to be made upon it for that object. 
 
 These are the first principles of ibis whole subject, which, I think 
 cannot be contested by any one who examines the proceedings of the 
 revolutionary congress, the cessions of the several states, and the acts of 
 congress under the new constitution. Keeping them deeply impi-essed 
 upon the mind let us proceed to examine how far the objects of the ces- 
 sions have been completed, and see whether those compacts are still ob- 
 ligatory upon the United States. 
 
 The debt for which these lands were pledged by congress, may be 
 considered as paid, and they are consequently released from that lien. 
 But that pledge formed no part of the compacts with the states, or of the 
 conditions upon which the cessions were made. It was a contract be- 
 tween new parties — between the United States and their creditors. Upon 
 payment of the debts the compacts remain in full force, and the obliga- 
 tion of the United States, to dispose of the lands for the common benefit, 
 is neither destroyed or impaired. As they cannot now be executed in 
 that mode, the only legitimate question which can arise is, in what other 
 way are these lands to be hereafter disposed of for the common benefit 
 of the several states ^'•according to their respective and usual proportion 
 in the general charge and expenditure.'''^ The cessions of Virginia, North 
 Carolina and Georgia, in express terms, and all the rest impliedly, not 
 only provide thus specifically the proportion according to wliich each 
 state shall profit by the proceeds of tlie land sales, but they proceed to 
 declare, that they shall be '■^faithfully and bona fide disposed of for that 
 purpose., and for 7io other use or purpose whatsoever.^'' This is the funda- 
 mental law of the land at this moment, growing out of compacts which 
 are older than the constitution, and formed the corner stone on which 
 the union itself was erected. 
 
 In the practise of the government, the proceeds of the public lands 
 have not been set apart as a separate fund ibr the payment of the public 
 debt, but have been and are now paid into the treasury, where they con- 
 stitute a part of the aggregate of the revenue upon which the govern- 
 ment draws, as well for its current expenditures, as for payment of the 
 public debt. In this manner they have heretofore and do now lessen the 
 general charge upon the people of the several states, in the exact propor- 
 tions stipulated in the compacts. 
 
194 [December, 
 
 These general charges have been composed, not only of the public 
 debt and the usual expenditures attending the civil and military admin- 
 istrations of the government, but of the amounts paid to the states with 
 which these compacts were formed, the amounts paid to the Indians for 
 their right of possession, the amounts paid tor the purchase of Louisiana 
 and Florida, and the amounts paid surveyors, registers, clerks, &:c. em- 
 ployed in preparing for market and selling the western domain. 
 
 From the origin of the land system down to September 30, 1832, the 
 amount expended for all these purposes has been about §49,701, 280 — and 
 <he amount received from the sales, deducting payments on account of 
 roads, &c. §38, 386,624. The revenue arising from the public lands, 
 therefore, has not been sufficient to meet the general charges on the 
 treasury which have grown out of them, by about $11,314,656. Yet, 
 in having been applied to lessen those charges, the conditions of the com- 
 pacts have been thus far fulfilled, and each state has profitted according 
 to its usual proportion in the general charge and expenditure. The an- 
 nual proceeds of land sales have increased and the charges have dimin- 
 ished so that at a reduced price those lands would now defray all current 
 charges growing out of them, and save the treasury from further advances 
 on their account Their original intent and object, therefore, would be 
 accomplished as fully as it has hitherto been, by reducing the price, and 
 hereafter, as heretofore, bringing the proceeds into the treasury. Indeed, 
 as this is the only mode in which the objects of the original compacts 
 can be attained, it may be considered for all practical purposes, that it is 
 one of their requirements. 
 
 The bill before me begins with an entire subversion of every one of the 
 compacts by which the United States became possesed of their w^estern 
 domain, and treats the subject as if they never had existence, and as if 
 the United States were the original and unconditional owners of all the 
 public lands. The first section directs — 
 
 ''That from and after the 31st day of December, 1832, there shall be 
 allowed and paid lo each of the states of Ohio, Indiana, Illinois, Alabama, 
 Missouri, Mississippi, and Louisiana, over and above what each of the 
 said states is entitled to by the terms of the compacts entered into be- 
 tween tiiem respectively upon their admission into the union and the Uni- 
 ted States, the sum of twelve and a half per centum upon the net amount 
 of the sales of the public lands which, subsequent to the day aforesaid, 
 shall be made within the several limits of the said states; which said 
 sum of twelve and a half per centum shall be applied to some object or 
 objects of internal improvements or education Avithin the said states 
 under the direction of the several legislatures." 
 
 This twelve and a lialf per centum is to be taken out of the net pro- 
 ceeds of the land sales before any apportionments is made; and the same 
 seven states which are first to receive this proportion, are also to receive 
 their due proportion of the residue, according to the ratio of general dis- 
 tribution. 
 
 Now, waiving all considerations of equity or policy in regard to this 
 provision, what more need be said to demonstrate its objectionable 
 character, than that it is in direct and undisguised violation of the pledge 
 
1833.] 195 
 
 given by congress to the states before a single cession was made; that it 
 abrogates the condition upon which some ofthe states come into the union- 
 and that it sets at nought the terms of cession spread upon the lace ot" 
 every grant under which the title to that portion of the public lands is 
 held by the federal government. 
 
 In the apportionment of the remainig seven-eights of the proceeds, this 
 bill, in a manner equally undisguised, violates the conditions upon which 
 the United States acquired title to the ceded lands. Abandoning alto- 
 gether the ratio of distribution according to the general charge and ex- 
 penditure, provided by the compacts it adopts that of the federaf represen- 
 tative population. Virginia, and other states, which ceded their lands 
 upon the express condition, that they should receive a benefit from their 
 sales in proportion to their part of the general charge are by the bill al- 
 lowed only a portion, of seven-eights of their proceeds, and tliat not in 
 the proportion of general charge and expenditure, but in the ratio of their 
 federal representative population. 
 
 The constitution of the United States did not delegate to congress the 
 power to abrogate these compacts. On the contrary, by declarin? that 
 nothing in it ^'■shall be construed as to prejudice any claims of the United 
 States or of any particnl .r state,-^ it virtually provides that these compacts 
 and the rights they secure, shall remain untouched by the legislative 
 power, which shall only make all '•'•needful rules aud regulations^'''' for 
 carrying them into effect. All beyond this would seem to be an assump- 
 tion of the undelegated power. 
 
 These ancient compacts are invaluable monuments of an age of virtue, 
 patriotism and disinterestedness. They exhibit the price that great states, 
 which had won liberty, were willing to pay for that union, williout which 
 they plainly saw it could not be preserved. It was not for territory or 
 state power, that our revolutionary leathers took arms; it was for individual 
 liberty, and the right of self government. The expulsion from the conti- 
 nent of British armies and British power, was to them a barren conquest, 
 if, through the collisions of the redeemed states, the individual rights for 
 which they fought, should become the prey of petty military tyrannies, 
 established at home. To avert such consequences, and throw around 
 liberty the shiehl of union, states, whose relative strength at the time, 
 gave them a preponderating power, magnanimously sacrificed domains, 
 which would have made tliem the rivals of empires; only stipulating that 
 they should be disposed of for the common benefit of tJiemselves and the 
 other confederate states. This enlightened policy produced union, and 
 has secured liberty. It has made our waste lands to swarm with a busy 
 people, and added many powerful states to our confederation. As vvell 
 lor the fruits which noble works of our ancestors have produced, as for 
 the devotedness in which they originated, we should hesitate before we 
 demolish them. 
 
 But there are other principles asserted in the bill which would have 
 impelled me to withhold my signature, had I not seen in it a violation of 
 the compacts by which the United States acquired title to a large por- 
 tion of public lands. It re-asserts the principle contained in the bill 
 authorising a subscription to the stock of the Maysville, Washington 
 
196 [December. 
 
 Paris and Lexington Turnpike Road Company, from which I was com- 
 pelled to wilhhold my consent, for reasons contained in my message on 
 the 27ili May, 1830, to the house of represenlalives. 
 
 The leading jjiinciple then Asserted was, that congress possesses no 
 constitutional powers to appropriate any part of the moneys of the United 
 Stales, for objects of a local character within the states. That prin- 
 ciple, 1 cannot be mistaken in supposing, has received the unequivocal 
 sanction of the American people, and all subsequent reflection has but 
 satisfied me more thoroughly, that the interests of our people, and the 
 purity of our government, if not its existence, depend on its observance. 
 The public lands are the common property oCthe United States, and the 
 moneys arising from their sales, are a pari of the public revenue. This 
 bill proposes to raise from and appropriate a portion of this public reve- 
 nue to certain states, providing expressly, that it shall "6e applied to 
 objects of internal improvement or education within those 5/a^es." and then 
 proceeded to appropriate the balance to all the states, with the dechra- 
 tion, that it shall be applied '-Ho such purpose as the legislatures of the 
 said respective states shall deem proper.^^ The former appropriation is 
 expressly for internal improvement or education, without qualification as 
 to the kind of improvements, and therefore in express violation of the 
 principle maintained in my objections to the turnpike road bill, above 
 referred to. The latter appropriation is more broad, and gives the 
 money to be applied to any local purpose whatsoever. It wdl not be 
 denied, that under the provisions ol the bill, a portion of the money might 
 have been applied to making the .very road to which the bill of 1830 
 had reference, and must of course come within the scope of the same 
 principle. If the money of the United States cannot be applied to local 
 purposes "through its own agents" as little can it be permitted to be thus 
 expended "through the agency of the state governments." 
 
 It lias been supposed that with all the reductions in our revenue which 
 could be speedily ellected by congress, without injury to the substantial 
 interests oi the country, there might be ibr some years to come a surplus 
 of moneys in the treasury, and tliat there was, in piinciple, no objection 
 to returning them to the people by whom tl,ey were paid. As the literal 
 accomplishment of such an object is obviously impracticable, it was 
 thought advisable, as the nearest approximation to it, to hand them over 
 to the state governments, the more immediate representatives of the peo- 
 ple, to be by them applied to the benefit of those to whom they properly 
 belonged. The principle and the object were, to return to the people an 
 unavoidable surplus of revenue, which might have been paid by them 
 under a system which could not at once be abandoned; but even this re- 
 source, which atone time seemed to be almost the only alternation to save 
 the general government from grasping unlimited power over internal im- 
 provements, was suggested with doubts of its constitutionality. 
 
 But this bill assumes a new principle. Its object is not to return to 
 the people an unavoidable surplus of revenue paid in by them, but to cre- 
 ate a surplus for distribution among the states. It seizes the entire pro- 
 ceeds ol one source of revenue and sets them apart as a surplus, making 
 it necesiary' to raise the money* for supporting the government and 
 
1833.] 197 
 
 meeting the general charges from other sources. It even throws the 
 entire land system upon the customs for its support, and makes the pub- 
 lic lands a perpetual charge upon the treasury. It does not return to the 
 people, moneys accidentally or unavoidably paid by them to the govern- 
 ment, by which they are not wanted; but compels the people to pay 
 moneys into the treasury for the mere purpose of creating a surplus for 
 distribution to their state governments. 
 
 If this principle be once admitted, it is not difficult to perceive to what 
 consequences it may lead. Already this bill, by throwing the land sys- 
 tem on the revenues from imports for support, virtually distributes among 
 the states a part of those revenues. The proportion may be increased 
 from time to time, without any departure from the principle now asserted, 
 until the state governments shall derive all the funds necessary for their 
 support from the treasury of the United States; or, if a sufficient supply 
 should be obtained by some states and not by others, the deficient states 
 might complain, and to put an end to all further difficulty, congress with- 
 out assuming any new principle, need go but one step further and put 
 the salaries of all the state governors, judges, and other officers, with a 
 sufficient sum for other expenses, in their general appropriation Lill. 
 
 It appears to me that a more direct road to consolidation cannot be 
 devised. Money is power, and in that government which pays all the 
 public officers of the states, will all political power be substantially con- 
 centrated. The state governments, if governments they might be called, 
 would lose all their independence and dignity — the economy which now 
 distinguishes them would be converted into a profusion, limited only by 
 the extent of the supply. Being the dependants of the general govern- 
 ment, and looking to its treasury as the source of all their emoluments, 
 the state officers, under whatever names they might pass, and by what- 
 ever forms their duties might be prescribed, would in effect be the mere 
 stipendiaries and instruments of the central power. 
 
 I am quite sure that the intelligent people of our several states, will be 
 satisfied on a little reflection, that it is neither wise nor safe to release 
 the members of their local legislatures from the responsibility of levying 
 the taxes necessary to support their state governments, and vest it in con- 
 gress, over most of whose members they have no control. 
 
 They will not think it expedientthat congress shall be the tax gatherer 
 and paymaster of all their state governments, thus amalgamating all their 
 officers into one mass of common interest and common feeling. It is too 
 obvious that such a course would subvert our well balanced system of 
 government, and ultimately deprive us of all the blessings now derived 
 from our happy union. 
 
 However willing 1 might be, that any unavoidable surplus in the trea- 
 sury should be returned to the people through their state governments, I 
 cannot assent to the principle that a surplus may be created for the pur- 
 pose of distribution. Viewing this bill as in effect assuming the right, 
 not only to create a surplus for that purpose, but to divide the contents 
 of the treasury among the states without limitation, from whatever source 
 they may be derived, and asserting the power to raise and appropriate 
 25 
 
198 [December, 
 
 money for the support of every state government and institution, as well 
 as for niakiiii,^ every local improvement, however trivial, I cannot give 
 it my assent. 
 
 It is difficult to perceive what advantage would accrue to the old states 
 or the new, from the system of distribution which this bill proposes, if 
 it were otherwise objectionable. It requires no argument to prove that 
 if three millions of dollars a year, or any other sum, shall be taken out 
 of the treasury by this bill for distribution, it must be replaced by the 
 same sum collected from the people through some other means. The 
 old stales will receive annually a sum of money from the treasury, but 
 they will pay in a larger sum, together with the expense of collection 
 and distribuiion. It is only their proportion of seven-eights of the pro- 
 ceeds of land sales which they are to receive, but they must pay their 
 due proportion of the ichole. Disguise it as we may, the bill proposes 
 to them a dead loss, in the ratio of eight to seven, in addition to expenses 
 and other incidental losses. This assertion is not the less true because 
 it may not at first be palpable. 
 
 Their receipts will be in large sums, but their payments in small ones. 
 The goverjnncnls of the states will receive seven dollars for which the 
 people of the states will pay eight. The large sums received will be pal- 
 pable to the senses; the small sums paid, it requires thought to identify. 
 But a little consideration will satisfy the people that the eftect is the same 
 as if scv -71 hundred dollars were given them from the public treasury, 
 lor which they were at the same time required to pay in taxes direct or 
 iiidirect, eight hundred. 
 
 I deceive myself greatly if the new states would find their interests 
 promoted by such a system as this bill proposes. Their true policy con- 
 sists in the rapid settling and improvment of the waste lands within their 
 limits. As a means of hastening those events, they have long been look- 
 ing to a reduction in the price of public lands upon the final payment of 
 ihe national debt. The efiect of the proposed system would be to pre- 
 vent that reduction. It is true, the bill reserves to congress the power 
 to reduce the price, but the effect of its details, as now arranged, would 
 probably be forever to prevent its exercise. 
 
 With the just men who inhabit the new states, it is a sufficient reason 
 to reject this system, that it is in violation of the fundamental laws of 
 the republic and its constitution. But if it were a mere question of in- 
 terest or expediency, they would still reject it. They would not sell 
 their bright prospects of increasing wealth and growing power at such 
 a jirice. They would not place a sum of money to be paid into their 
 treasuries, in competition with the settlement of their waste lands, and 
 the increase of their population. They would not consider a small or a 
 large annual sum to be paid to their governments and immediately expen- 
 ded, as an equivalent for that enduring wealth which is composed of 
 fioeks andlicrus, and cultivated farms. No temptation will allure them 
 from that object of abiding interest, the settlemfMit of their waste lands, 
 and the increase of a hardy race of free citizens, their glory in peace 
 ai.d their defence in war. 
 
 On the wliole, I adhere to the opinion expressed by me in my annual 
 
1833.] 199 
 
 message of 1832, that it is our true policy that the public lands shall 
 cease as soon as practic<ible to be a source of revenue except for the 
 payment of those general charges which grow out of the acquisition of 
 the lands, their survey and sale. Although these expenses have not been 
 metbv the proceeds of sales heretofore, it is quite certain they will be 
 hereafter, even after a considerable reduction in the price. By meeting 
 in the treasury so much of the general charge as arises from that source, 
 they will hereafter, as they have been heretofore, be disposed for the 
 common benefit of the United States, according to the compacts of ces- 
 sion. I do not doubt that it is the real interest of each and all the states 
 in the union, and particularly of the new states, that the price of these 
 lands shall be reduced and graduated; and that after they have been offer- 
 ed for a certain number of years, the refuse remaining unsold shall be 
 abandoned to the states, and the machinery of our land systen entirely 
 withdrawn. It cannot be supposed the compacts intended that the Uni- 
 ted States should retain forever a title to lands within the states which 
 are of no value, and no doubt is entertained that the general interest 
 would be best promoted by surrendering such lands to the states. 
 
 This plan for disposing of the public lands impairs no principle, vio- 
 lates no compact, and deranges no system. Already has the price of 
 those lands been reduced from tw^o dollars per acre to one dollar and a 
 quarter, and upon the will of congress, it depends w^hether there shall 
 be a further reduction. While the burdens of the east are diminishing 
 by the reduction of the duties upon imports, it seems but equal justice 
 that the chief burden of the west should be lightened in an equal degree 
 at least. It would be just to the old states and the new, to conciliate every 
 interest, disarm the subject of all its dangers, and add another guaran- 
 tee to the perpetuity of our happy union. 
 
 Sensible, however, of the difficulties which surround this important 
 subject, I can only add to my regrets, at finding myself again compelled 
 to disagree with the legislative power, the sincere declaration that any 
 plan which shall promise a final and satisfactory disposition of the ques- 
 tion, and be compatible with the constitution and public faith, shall have 
 mv hearty concurrence. 
 
 ANDREW JACKSON. 
 
 December 4, 1853. 
 
MESSAGE TO CONGRESS. 
 
 Communicated .December 3, 1834. 
 
MESSAGE TO CONGRESS. 
 
 Coniiniinicated December 2, 1834. 
 
 Fellow- citizens of the Senate 
 
 and House of Representatives: 
 
 In performing my duty at the opening of your present session, it gives 
 me pleasure to congratulate you again upon the prosperous condition of 
 our beloved country. Divine Providence has favored us with general 
 health, with rich rewards in the fields of agriculture and in every branch 
 of labour, and with peace to cultivate and extend the various resources 
 wdiich employ the virtue and enterprise of our citizens. Let us trust 
 that, in surveying a scene so flattering to our free institutions, our joint 
 deliberations to preserve them may be crowned with success. 
 
 Our foreign relations continue, with but few exceptions, to maintain 
 the favourable aspect which they bore in my last annual message, and 
 promise to extend those advantages which the principles that regulate 
 our intercourse wnth other nations are so well calculated to secure. 
 
 The question of the north-eastern boundary is still pending with Great 
 Britain, and the proposition made, in accordance with the resolution of 
 the Senate, for the establishment of a line according to the treaty of 1783, 
 has not been accepted by that government. Believing that every dis- 
 position is felt on both sides to adjust this perplexing question to the sat- 
 isfaction of all the parties interested in it, the hope is yet indulged that 
 it may be effected on the basis of that proposition. 
 
 With the governments of Austria, Russia, Prussia, Holland, Sweden, 
 and Denmark, the best understanding exists. Commerce, with all, is 
 fostered and protected by reciprocal good will, under the sanction ot 
 liberal conventional or legal provisions. ^^ . , .-^ i 
 
 In the midst of her internal difficulties, the Queen of Spain has ratified 
 the convention for the payment of the claims of our citizens arising 
 since 1819. It is in the course of execution on her part, and a copy ot 
 
204 [December, 
 
 it is now laid before you for such legislation as may be found necessary 
 to enable those interested to derive the benefits of it. 
 
 Yielding to the force of circumstances, and to the wise councils of 
 time and experience, that Power has finally resolved no longer to occupy 
 the unnatural position in which she stood to the new governments es- 
 tablished in this hemisphere. I have the great satisfaction of stating to 
 you that in preparing the way for the restoration of harmony between 
 those who have sprung from the same ancestors, who are allied by com- 
 mon interests, profess the same religion, and speak the same language, 
 the United States have been actively instrumental. Our efforts to effect 
 this good work will be persevered in while they are deemed useful to 
 the parties, and our entire disinterestedness continues to be felt and un- 
 derstood. The act of Congress to countervail the discriminating duties, 
 levied to the prejudice of our navigation, in Cuba and Porto Rico, has 
 been transmitted to the minister of the United States at Madrid, to be 
 communicated to the government of the Queen. No intelligence of its 
 receipt has yet reached the Department of State. If the present con- 
 dition of the country permits the government to make a careful and en- 
 larged examination of the true interests of these important portions of its 
 dominions, no doubt is entertained that their future intercourse with the 
 United States will be placed upon a more just and liberal basis. 
 
 The Florida archives have not yet been selected and delivered. Recent 
 orders have been sent to the agent of the United States at Havana, to 
 return with all he can obtain, so that they may be in Washington before 
 the session of the supreme court, to be used in the legal questions there 
 pending, to which the government is a party. 
 
 Internal tranquillity is happily restored to Portugal. The distracted 
 ^tate of the country rendered unavoidable the postponement of a final pay- 
 ment of the just claims of our citizens. Our diplomatic relations will 
 be soon resumed, and the long subsisting friendship with that Power af- 
 fords the strongest guarantee that the balance due will receive prompt 
 attention. 
 
 The first instalment due under the convention of indemnity with the 
 king of the two Sicilies, has been duly received, and an offer has been made 
 to extinguish the whole by a prompt payment — an offer I did not consid- 
 er myself authorized to accept, as the indemnification provided is the 
 exclusive property of individual citizens of the United States. The or- 
 iginal adjustment of our claims, and the anxiety displayed to fulfil at once 
 the stipulations made for the payment of them, are highly honourable to 
 the government of the two Sicilies. When it is recollected that they 
 were the result of the injustice of an intrusive power, temporarily dom- 
 inant in its territory, a repugnance to acknowledge and to pay which, 
 would have been neither unnatural nor unexpected, the circumstances 
 cannot fail to exalt its character for justice and good faith in the eyes of 
 all nations. 
 
 The treaty of amity and commerce between the United States and 
 Belgium, brought to your notice in my last annual message, as sanction- 
 ed by the senate, but the ratification of which had not been exchanged, 
 owing to a delay in its reception at Brussels, and a subsequent absence 
 
1834.] 205 
 
 of tlie Belgian minister of foreign affairs, has been, after mature deliber- 
 tion, finally disavowed by that government as inconsistent with the powers 
 and instructions given to their minister who negotiated it. This disa- 
 vowal was entirely unexpected, as the liber-d principles embodied in the 
 convention, and which form the ground-work of the objections to it 
 were perfectly satisfactory to the Belgian representative, and were sup' 
 posed to be not only within the powers giantcd, but expressly conform- 
 able to the instructions given to him. An offer, not yet accepted, lias 
 been made by Belgium to renew negotiations for a treaty less liberal in 
 its provisions, on questions of general mai'itiine law. 
 
 Our newly established relations uith the Sublime Porte promise to be 
 useful to our commerce, and satisfactory in every respect to ih s"-overn- 
 meht. Our intercourse with the Barbary Powers continues without im- 
 portant change, except that the present political stale of Algiers has in- 
 duced me to terminate the residence there of a salaried consul, and to 
 substitute an ordinary consulate, to remain so long as the place con- 
 tinues in the possession of France. Our first treaty with one of these 
 powers — the emperor of Morocco — was formed in 1786, and was lim- 
 ited to fifty years. That period has almost expired. I shall take mea- 
 sures to renew it with the greater satisfaction, as its stipulations are just 
 and liberal, and have been, with mutual fidelity and reciprocal advanta<'-es 
 scrupulously fulfilled. 
 
 Intestine dissensions have too frequently occurred to mar the prosper- 
 ity, interrupt the commerce, and distract the governments of most of (he 
 nations of this hemisphere, which separated themselves fiom Spain. 
 When a firm and permanent understanding with tlie parent country shall 
 have produced a formal acknowledgment of their independence, and the 
 idea of danger from that quarter can be no longer entertained, the friends 
 of freedom expect that those countries, so favoured by nature, will be 
 distinguished for their love of justice, and their devotion to those peace- 
 ful arts, the assiduous cultivation of which confers honour upon nations, 
 and gives value to human life. In the mean time I confidently hope, that 
 the apprehensions entertained, that some of the people of these luxuriant 
 regions may be tempted, in a moment of unworthy distrust of their own 
 capacity for the enjoyment of liberty, to commit the too common erroi- 
 of purchasing present repose by bestowing on some favourite leaders 
 the fatal gift of irresponsible power — will not be realized. "With all 
 these governments, and with that of Brazil, no unexpected changes in 
 our relations have occurred during the present year. Frequent causes of 
 just complaint have arisen upon the part of the citizens of the United 
 States — sometimes from the irregular action of the constituted subordi- 
 nate authorities of the maritime regions, and sometimes from the leaders 
 or partisans of those in arms against the established governments. In all 
 cases, representations have been, or will be made, and as soon as their 
 political affairs are in a settled position, it is expected that our friendly 
 remonstrances will be followed by adequate redress. 
 
 The government of Mexico made known in December last, the ap- 
 pointment of commissioners and a surveyor, on its part, to run in con- 
 36 
 
206 [December. 
 
 junction with ours, the boundary line between its territories and the Uni- 
 ted States, and excused the delay for the reasons anticipated — the pre- 
 valence oi" civil war. The commissioners and surveyors not having met 
 within the time stipulated by the treaty, a new arrangement became ne- 
 cessary, and our charge d'aifaires was instructed, in January last, to ne- 
 gotiate, in Mexico, an article additional to the pre-existing treaty. This 
 instruction was acknowledged, and no difficulty was apprehended in the 
 accomplishment of that object. By infoimation just received, that ad- 
 ditional article to the treaty will be obtained, and transmitted to this 
 country, as soon as it can receive the ratitication of the Mexican con- 
 gress. 
 
 The re- union of the states of New Granada, Venezuela, and Equador, 
 forming the republic of Colombia, seems every day to become more im- 
 probable. The commissioners of the two fiist are understood to be now 
 negotiating a just division of the obligations contracted by them when 
 united under one government. The civil war in Equador, it is believed, 
 has prevented even the appointment of a commissioner on its part. 
 
 I propose, at an early day, to submit in the proper form, the appoint- 
 ment of a diplomatic agent to Venezuela. The importance of the com- 
 merce of that country to the United States, and the large claims of our 
 citizens upon the government, arising before and since the division of 
 Colombia, rendering it, in my judgment, improper longer to delay this 
 step. 
 
 Our representatives to Central America, Peru, and Brazil, are either 
 at, or on their way to, their respective posts. 
 
 From the Argentine republic, from which a minister was expected to 
 this government, nothing further has been heard. Occasion has been 
 taken, on the departure of a new consul to Buenos Ayres to remind that 
 government, that its long delayed minister, whose appointment had been 
 made known to us, had not arrived. 
 
 It becomes my unpleasant duly to inform you that this pacific and 
 highly gratilying picture of our foreign relaiions, dose not include those 
 with France, at this lime. It is not possible that any government and 
 people could be more sincerely desirous of conciliating a just and friend- 
 ly intercourse wilh another nation, than are those of the United Stales 
 with their ancient ally and friend. This dispo.^ition is founded, as well 
 on the most grateful and honourable recollections associated with our 
 struggle for independence, as upon a well-grounded conviction that it is 
 consonant with the true policy of both. The people of the United 
 Stales could not, therefore, see, without the deepest regret, even a tem- 
 porary interruption of the friendly relations between the two countries 
 — a regret which would, 1 am sure, be greatly aggravated, if there 
 should turn out to be any reasonable ground for attributing such a result 
 to any act of omission or commission on our part. I derive, therefore, 
 the highest satisfaction from being able to assure you, that the whole 
 course of this government has been characterized by a spirit so concilia- 
 tory and forbearing, as to make it impossiole that our justice and modera- 
 tion should be questioned, whatever may be the consequences of a longer 
 
1834.] 207 
 
 perseverance, on the part of the French government, in her omission to 
 satisfy the conceded claims of our cilizens. 
 
 The liistory of the accumulated and unprovoked agi^ressions upon our 
 commerce, committed by authority of the existing governments of France 
 between the years 1800 and 1S17, has been rendered too painfully 
 familiar to Americans to make its repetition either necessary or desirable. 
 It will be sufficient here to remark, that there has, for manv years been 
 scarcely a single administration of the French government by whom the 
 justice and legality of the claims of our citizens to indemnity, were not 
 to a very considerable extent, admitted; and yet near a quarter of a cen- 
 tury has been- wasted in inelfectual negotiations to secure it. 
 
 Deeply sensible of the injurious effects resulting from this state of 
 things upon the interests and character of both nations, I regarded it as 
 among my first duties to cause one more effort to be made to satisfy 
 France, that a just and liberal settlement of our claims was as well due 
 to her own honour as to their incontestible validity. The negotiation for 
 this purpose was commenced with the late government of France, and 
 was prosecuted with such success, as to leave no reasonable ifround to 
 doubt that a settlement of a character quite as liberal as that which wag 
 subsequently made, would have.been effected, had not the revolution, by 
 which the negotiation was cut off, taken place. The discussions were 
 resumed with the present government, and the result showed, that we 
 were not wrong in supposing, that an event by which the two govern- 
 ments weie made to appioacli each other so much nearer in their 
 political principles, and by wiiich the motives for the most liberal and 
 iViendly intercourse were so greatly multiplied, could exercise no other 
 than a salutary influence upon the negotiation. After the most deliberate 
 and thorough examination of the whole subject, a treaty between the 
 two governments was concluded and signed at Paris on the 4th of July, 
 1831, by which it was stipulated, that "the French government in order 
 to liberate itself from all the reclamations preferred against it by citizens 
 of the United States, lor unlawful seizuies, captures, sequestrations, con- 
 fiscations, or destruction of their vesse.s, cargoes, or other property, 
 engages to pay a sum of twenty-five millions of francs to the United 
 States, who shall distribute it among those entitled, in the manner and 
 according to the rules it shall determine" and it was also stipulated on 
 the part of the French government, that this twenty-five nuUions of 
 francs should "be paid at Paris in six annual instalments of four millions 
 one hundred and sixty-six thousand six hundred and sixty-six Irancs and 
 sixty-six centimes each, into the hands of such person or peisons as 
 shall be authorized t)y the goverinrient of the United States to receive 
 it." The first instalment to be paid "at the expiration of one year next 
 ibllowmg the exchange of the ratifications of this convention, and the 
 others at successive intervals of a year, one after another, till the whole 
 shall be paid. To the amount of each of the said instalments shall be 
 added interest at four per centum thereupon, as upon the other instal- 
 ments then remaining unpaid; the said interests to be computed from the 
 day of the excliange of the present convention." 
 
 It was also stipulated, on thy part of the United States, for the purpose 
 
208 [December, 
 
 of being completely liberated from all the reclamations presented by 
 France on behalf of its citizens, that the sum of one million five hundred 
 thousand francs should be paid to the government of France, in six annual 
 instalments, to be deducted out of the annual sums which France had 
 agreed to pay, interest thereupon being in like manner computed from 
 the day of the exchange of the ratifications, tn addition to this stipula- 
 tion, important advantages were secured to France by the following ar- 
 ticle, viz; ''The wines of France, from and after the exchange ol the 
 ratifications of the present convention, shall be admitted to consumption 
 in the States of the Union, at duties which shall not exceed the following 
 rates by the gallon, (such as it is used at present for winps in the United 
 States,) to wit: six cents for red wines in casks; ten cents for white wines 
 in casks; and twenty -two cents for wines of all sorts in bottles. The 
 proportions existing between the duties on French wines thus reduced, 
 and the general rates of the taritf which went into operation the first of 
 January, 1829, shall be maintained, in case the govei-nment of the Unit- 
 ed States should think proper to diminish those general rates in a new 
 tariff. In consideration of this stipulation, which shall be binding on the 
 United States for ten years, the French government abandons the recla- 
 mations w^hich it had formed in relation to the 8th article of the treaty 
 of cession of Louisiana. It engages, moreover, to establish on the Zon^ 
 staple cottons of the United States, which, after the exchange of the rati- 
 fications of the present convention, shall be brought directly thence to 
 France by the vessels of the United States, or by French vessels, the 
 same duties as on short staple cottons." 
 
 This treaty was duly ratified in the manner prescribed by the consti- 
 tutions of both countries, and the ratification was exchanged at the city 
 of Washington, on the 2d of February, 1832. On account of its com- 
 mercial stipulations it was, in five days thereafter, laid before the Con- 
 gress of the United States, which proceeded to enact such laws favora- 
 ble to the commerce of France as were necessary to carry it into full ex- 
 ecution; and France has, from that period to the present, been in the 
 unrestricted enjoyment of the valuable privileges that were thus secured 
 to her. The faith of the French nation having been thus solemnly 
 pledged, through its constitutional organ, for the liquidation and ultimate 
 payment of the long deferred claims of our citizens, as also for the ad- 
 justment of other points of great and reciprocal benefits to both countries, 
 and the United States having, with a fidelity and promptitude by wliich 
 their conduct will, I trust, be always characterized, done every thing 
 that was necessary to carry the treaty into full and fair effect on their 
 part, counted, with the most perfect confidence, on equal fidelity and 
 promptitude on the part of the French government. In this reasonable 
 expectation we have been, I regret to inform you, wholly disappointed. 
 No legislative provision has been made by Franco for the execution of 
 the treaty, either as it respects the indemnity to be paid, or the commer- . 
 cial benefits to be secured to the United States, and the relations between 
 the United States and that Power, in consequence thereof, are placed in 
 a situation threatening to interrupt the. good understanding which has so 
 long and so happily existed between the two nations 
 
1834.] 209 
 
 Not only has the French government been thus wanting in the per- 
 formance of the stipulations it has so solemny entered into with the 
 United States, but its omissions have been marked by circumstances 
 which would seem to leave us without satisfactory evidences, that such 
 performance will certainly take place at a future period. Advice of tlie 
 exchange of ratifications reached Paris prior to the 8th April, 1832. 
 The French Chambers were then sitting and continued in session until 
 the 21st of that month, and although one instalment of the indemnity was 
 payable on the 2d of February, 1833, one year after the exchange of 
 ratifications, no application was made to the Chambers for the required 
 appropriation, and in consequence of no appropriation having then been 
 made, the draft of the United States government, for tljat instalment, 
 was dishonoured by the minister of Finance, and tlie United States 
 thereby involved in much controversy. The next session of the Cham- 
 bers commenced on the 19lh November, 1832, and continued until the 
 25th of April, 1833. 
 
 Notwithstanding the omission to pay the first instalment, had 
 been made the subject of earnest remonstrance on our part, the treaty 
 with the United .States, and a bill making the necessary appropria- 
 tions to execute it, were not laid before the Chamber of Deputies 
 until the 6th of April, nearly five months after its meeting, and only nine- 
 teen days before the close of the session. The bill was read and refer- 
 red to a committee, but their was no further action upon it. The next 
 session of the Chambers commenced on the 26tli of April, 1833, and 
 continued until the 25th of June following, A new bill was introduced 
 on the 1 1th of June, but nothing important was done in relation to it dur- 
 ing the session. In the month of April, 1834, nearly three years after 
 tlie signature of the treaty, the final action of the Fiench Chambers upon 
 the bill to carry the treaty into etfect, was obtained, and resulted in a 
 refusal of the necessary appropriations. The avowed grounds upon 
 which the bill was rejected are to be found in the published debates of 
 that body, and no observations of mine can be necessary to satisfy Con- 
 gress of their utter insufficiency. 
 
 Although the gross amount of the claims of our citizens is pro- 
 bably greater than will be ultimately allowed by the commissioners, 
 sufficient is, nevertheless, shown, to render it absolutely certain 
 that the indemnity falls far short of the actual amount of our just claims, 
 independently of the question of damages and interest for tiie detention. 
 That the settlement involved a sacrifice in this respect was well known 
 at the time — a sacrifice which w^as cheerfully acquiesced in by the dif- 
 ferent branches of the Federal Government, whose action upon the treaty 
 was required, from a sincere desire to avoid further collision upon this 
 old and distui-bing subject, and in the confident expectation that the gen- 
 eral relations between the two countries would be improved thereby. 
 
 The refusal to vote the appropriation, the news of wdiich was received 
 from our Minister in Paris about the 15th of May last, might have been 
 considered the final determination of the French government not to exe- 
 cute the stipulations of the treaty, and would have justified an immediate 
 communication of the facts to Congress, with a recommendation of such 
 
210 [December, 
 
 ultimate measures as the interest and honour of the United States might 
 seem to require. But with the news of the refusal of the Chambers to 
 make the appropriation, were conveyed the regrets of the King, and a 
 declaration that a national vessel should be forthwith sent out, with in- 
 structions to the French Minister to give the most ample explanations of 
 the past, and the strongest assurances for the future. After a long pas- 
 sage, the promised despatch vessel arrived. The pledges giver by the 
 French Minister, upon the receipt of his instructions, were, that as soon 
 after the election of the new members as the character would permit, the 
 legislative Chaaibers of France should be called together, and the propo- 
 sition for an appropriation laid belore them; that all the constitutional 
 powers of the king and his cabinet should be exerted to accomplish the 
 object; and that the result should be mar'e known early enough to be 
 communicated to Congress at the conmiencement of the present sessions. 
 Relying upon these pledges, and not doubting that the acknowledged 
 justice of our claims, the proposed exertion of the king and his cabinet, 
 and, above all, that sacred regard for the national faith and honor for 
 which the French character has been so distinguished, would secure an 
 early execution of the treaty in all its pa'ts, I did not deem it necessary 
 to call the attention of Congress to the subject at the last session. 
 
 I regret to say that th.e pledges made through the minister of France 
 have not been redeemed. Tlie new chambers met on the 31st July last, 
 and although the subject of fulfilling treaties was alluded to in the speech 
 from tlie throne, no attempt was made by the king or his cabinet to pro- 
 cure an apptopriaiion to carry it into execution. The reason? given for 
 this omission, although they might be considered sufficient in an ordinary 
 case, are not consistent with the expectations founded upon the assuran- 
 ces given heie, for there is no constitutional obstacle to entering into 
 legislative business at the first meeting of the chambers. This point, 
 however, might have been overlooked, had not the chambers, instead of 
 being called to meet at so early a day that the result of their delibera- 
 tions nii""ht be communicated to me, before the meeting of congress, 
 been prorogued to the 29th of the present montii — a period so late that 
 their decision can scarcely be made known to the present congress prior 
 to its dissolution. To avoid this delay, our minister in Paris, in virtue 
 of the assurance given* by the French minister in the United States, 
 stron""ly urged the convocation of the chambers at an earlier day, but 
 without success. 
 
 It is proper to remark, however, that this refusal has been accom* 
 panied with the most positive assurances, on the part of the executive 
 government of France, of their intention to pi-ess the appropriation at 
 the ensuing session of the chambers. 
 
 The executive branch of tiiis government has, as matters stand, ex- 
 hausted all the authority upon the subject with wliich it is invested, and 
 which it had any reason to believe could be beneficially employed. 
 
 The idea of acquiescing in the refusal to execute the treaty will not, 
 I am confident, be for a moment entertained by any branch of this gov- 
 ernment; and further negotiation is equally out of the question. 
 
 If it shall be the pleasure of congress to await the further action of the 
 
1834] 2,1 
 
 French chambers, no further consideralion of tlie subject will, at this 
 session, probably be required at your hands. But, if, from the ori'nnal 
 delay in asking- for an appropriation, fi-om the refusal of the chanibers 
 to grant it when asked, fiom the omission to brin^ the subject before the 
 chambers at their last session, from the fact that, including that session 
 there have been five ditferent occasions when the appropriation mi-Hit 
 have been made, and from the delay in convoking the chamijcrs until 
 some weeks after the meeting of congress, when it was well known that 
 a communication of the whole subject to congress at the last session 
 was prevented by assurances that it should be disposed of before its' 
 present meeting, you should feel yourselves constrained to doubt whether 
 it be the intention of the French governmcat in all its branches to carry the 
 treaty into eftect, and think that such measures as the occasion may be 
 deemed to call for, should be now adopted, the important question arises 
 what those measures shall be. 
 
 Our institutions are essentially pacific. Peace and friendly intercourse 
 with all nations, are as much the desire of our g,',ivernment as they are 
 the interest of our people. But these objects ai^e not to be permanently 
 secured, by surrendering the rights of our citizens, or permitting solemn 
 treaties for their indemnity in cases of flagrant wrong, to be abrogated 
 or set aside. 
 
 It is undoubtedly in the power of congress seriously to affect the 
 agricultural and manufacturing interests of France, by the passage of 
 laws relating to her trade with the United States. Her products, manu- 
 factures, and tonnage, may be subjected to heavy duties in our ports, or 
 all commercial intercourse with her may be suspended. But there are 
 powerful, and, to my mind, conclusive objections to this mode of pro- 
 ceeding. We cannot embarrass or cut otf the trade of France, wiiiiout 
 at the same time, in some degree, embarrassing or cutting off our own 
 trade. The injury of such a w^arlare must fall, though unequally, upon 
 our own citizens, and could not but impair the means of the government 
 and weaken that united sentiment in support of the rights and honour of 
 the nation which must now pervade every bosom. Nor is it impossible 
 that such a course of legislation would introduce once more into our na- 
 tional councils, those disturbing questions in relations to the tarilf of 
 duties which have been so recently put to rest. Besides, by every 
 measure adopted by the Government of the United States wiih the view^ 
 of injuring France, the clear perception of right which will induce our 
 own pecfple, and the rulers and people of all other nations, even of France 
 herself, to pronounce our quarrel just, will be obscured, and the support 
 rendered to us, in a final resort to more decisive measures, will be more 
 limited and equivocal. There is but one point in the controversy, and 
 upon that the whole civilized world must pronounce France to be in 
 wrong. We insist that she shall pay us a sum of money, which she has 
 acknowledged to be due; and of the justice of this demand, there can be 
 but one opinion among mankind. True policy would seem lo dictate 
 that the question at issue should be kept thus disincumbered, and that not 
 the slightest pretence should be given to France to persist in her refusal 
 to make payment, by any act, on our part, affecting the interests of her 
 
212 ' [December, 
 
 people. The question should be left, as it is now, in such an attitude that 
 when France fultils her treaty stipulations, all controversy will be at an 
 end. 
 
 It is my conviction, that the United States ought to insist on a prompt 
 execution of the treaty, and in case it be refused, or longer delayed, take 
 redress into their own hands. After the delay on the part of France of a 
 quarter of a century in acknowledging these claims by treaty, it is not to 
 be tolerated that another quarter of a century is to be wasted in negotiat- 
 ign about the payment The laws of nations provide a remedy for such 
 occasions. It is a well settled piinciple of the inter-national code, tliat, 
 where one nation owes anutlier a liquidated debt, which it reluses or 
 neglects to pay, the aggrieved party may seize on the property belong- 
 ing to the other, its citizens or subjects, sufficient to pay the debt, with- 
 out giving just cause of war. This remedy has been repeatedly resorted 
 to, and recently by France herself towards Portugal, under circumstances 
 less unquestionable 
 
 The time at whicli^Tesort should be had to this, or any other mode of 
 redress, is a point to be decided by Congress. If an appropriation shall 
 not be made by the French Chambers at their next session, it may justly 
 be concluded that the government of France has finally determined to 
 disregard its own solemn undertaking, and refuse to pay an acknoivledged 
 debt. In that event, every day's delay on our part will be a stain upon 
 our national honor, as well as a denial oi' justice to our injured citizens. 
 Prompt measures, when the refusal of France shall be complete, will 
 not only be most honorably aad just, but will have the best etlect upon 
 our national character. 
 
 Since France, in violation of the pledges given through her minister 
 here, has delayed her final action so long that her decision will not 
 probably be known, in time :o be communicated to this Congress, I re- 
 commend that a law l)e passed, authorizing reprisals upon French proper- 
 ty, in case provision shall not i»e made for the payment of the debt, at the 
 approaching sessions of the French Chambers. Such a measure ougbt 
 not to be considered by France as a menace. Her pride and power 
 are too well known to expect any thing from her fears, and preclude the 
 necessity of a declaration tliat nothing partaking of the character of in- 
 timidation is intended by us. She ought to look upon it as the evidence 
 only of an inflexible deternnnation on the part of the United States, to 
 insist on their rights. That government, by doing only what it has itself 
 acknowledged to be just, will be able to spare the United States the ne- 
 cessity of taking redress intD their own hands, and save the property of 
 French citizens from that seizure and sequestration which American 
 citizens so long endured without retaliation or redress. If she should 
 continue to refuse that act of acknowledged justice, and in violation of 
 the law of nations, make reprisals on our part the occasion of hostilities 
 against the United States, she would but add violence to injustice, and 
 could not fail to expose herself to the just censure of civilized nations, 
 and to the retributive judgments of Heaven. 
 
 Collision with France is the more to be regretted, on account of the 
 position she occupies in Europe, in relation to liberal institutions. But 
 
1834.] 213 
 
 in maintaining our national lii^hts and honor, all governments are alike 
 in us. If by a collision with France, in a case where she is clearly in the 
 wrong, the march of liberal principles shall be impeded, the responsibility 
 for that result, as well as every other, will rest on her own head. 
 
 Having submitted these considerations, it belongs to Congress to de- 
 cide, whether, after what has taken place, it will still await the further 
 action of the French Chambers, or now adopt such provisional measures 
 as it may deem necessary, and best adapted to protect the riglits and 
 maintain the honor of the country. Whatever that decision may be, it 
 will be faithfully enforced by the Executive, as far as he is authorized 
 so to do. 
 
 According to the estimate of the Treasury Department, the rev- 
 enue accruing, from all sources, during the present year, will 
 amount to twenty millions six hundred and twenty-four thousand seven 
 hundred and seventeen dollars, which, with the balance remaining in the 
 Treasury on the first of January last, of eleven millions seven hundred 
 and two thousand nine hundred and five dollars, produces an aggregate 
 of thirty-two millions three hundred and twenty-seven thousand six hun- 
 dred and twenty-three dollars. The total expenditure during the year, 
 for all objects, including the public debt, is estimated at twenty-five mil- 
 lions five hi^ndred and ninety-one thousand three hundred and ninety dol- 
 lars, which will leave a balance in the Treasury on the first of January, 
 1835, oi six millions seven hundred and thirty-six thousand two huudred 
 and thirty-two dollars. In this balance, however, w^illbe included about 
 one million one hundred and fifty thousand dollars of what was hereto- 
 fore reported by the Department as not effective. 
 
 Of former appropriations it is estimated that there will remain unex- 
 pended at the close of the year, eight millions two thousand nine hundred 
 and twenty-five dollars, and that of this sum there will not be required 
 more than five millions one hundred and forty-one thousand nine hun- 
 dred and sixty-four dollars, to accomplish the objects of all the current 
 appropriations. Thus it appears that after satisfying all those appro- 
 priations, and after discharging tjie last item of our public debt, which 
 will be done on the first of January next, there will remain unexpended 
 in the treasury an effective balance of about four hundred and forty thou- 
 sand dollars. That such should be the aspect of our finances is highly 
 flattering to the industry and enterprize of our population, and auspicious 
 of the wealth and prosperity which await the future cultivation of their 
 growing resources. It is not deemed prudent, however, to recommend 
 any change for the present in our impost rates, the effect of the gradual 
 reduction now in progress in many of them, not being sulliciently tested, 
 to guide us in determining the precise amount of revenue which ihey will 
 produce. 
 
 Free from public debt, at peace with all the world, and with no com- 
 plicated interests to consult in our intercourse with foreign powers, the 
 present may be hailed as that epoch in our history the most favourable 
 for the settlement of those principles in our domestic policy, which shall 
 be best calculated to give stability to our republic, and secure the bless- 
 27 
 
214 [December, 
 
 ings of freedom to our citizens. Amono; ihcsf principles, from our past 
 experience, it. cannot be doubled, that simplicity in the character of the 
 federal government, and a rigid economy in its administration, should be 
 regarded as fundamental and sacred. Ail must be sensible that the ex- 
 istence of the public debt, by rendering taxation necessary for its ex- 
 tinguishment, has increased tbe dilHculties which are inseparable from 
 every exercise of the taxing power; and that it was, in this respect, a 
 remote agent in producing those disturbing questions which grew out of 
 the discussions relating to the tariff. If such has been the tendency of a 
 debt incurred in the acquisition and maintenance of our national rights 
 and liberties, the obligations of which all portions of the union cheerfully 
 acknowledged, it must be obvious, that whatever is calculated to increase 
 the burdens of government without necessity, must be fatal to all our hopes 
 of preserving its true character. While we are felicitating ourselves, 
 therefore, upon the extinguishment of the national debt, and the prosper- 
 ous state of our finances, let us not be tempted to depart from those 
 sound maxims of public policy which enjoin a just adaptation of the rev- 
 enue to the expenditures that are consistent with a rigid economy, and an 
 entire abstinence from all topics of legislation that are not clearly within 
 the constitutional powers of the government, and suggested by the wants 
 of the country. Properly regarded, under such a policy, every dim- 
 inution of the public burdens, arising from taxation, gives to individual 
 enterprise increased power, and furnishes to all the members of our hap- 
 py confederacy new motives for patriotic affection and support. But, 
 above all, its most important efi'ect will be found in its influence upon the 
 character of the government, by confining its action to those objects which 
 will be sure to secure to it the attachment and support of our fellow-citi- 
 zens. 
 
 Circumstances make it my duty to call the attention of Congress to the 
 Bank of the United States. Created for the convenience of the gov- 
 ernment, that institution has become the scourge of the People. Its inter- 
 ference to postpone the payment of a portion of the national debt, that it 
 might retain the public money appropriated lor that purpose, to strengthen 
 it in a political contest — the extraordinary extension and contraction of 
 its accommodations to the community — its con upland partisan loans — its 
 exclusion of the public directors fiom a knowledge of its most important 
 proceedmgs — the unlimited authority conferred on the President to ex- 
 pend its funds in hiring writeis, and procuring the execution of printing, 
 and tlie use made of that authority— the retention of the pension money 
 and books aftei the selection of new agents— the groundless claim to hea- 
 vy damages, in consequence of the protest of the bill drawn on the French 
 government, have, through various channels, been laid before Congress. 
 Inmiediately after the close of the last session, the Bank, through its Pre- 
 sident, announced its ability and readiness to abandon the system of un- 
 paralleled curtailment, and the interruption of domestic exchanges, which 
 it had practised upon from the 1st of August, 1833, to the oOth June, 
 1 b:54, and to extei»d its accommodations to the community. The grounds 
 assumed in this annunciation amounted to, an acknowledgment ihat the 
 curtailment, in the extent to which it had been carried, was not necessary 
 
1834] 215 
 
 to the safety of the Bank, and had been persisted in merely to induce 
 Congress to grant the prayer of ihe Bank in its mr^morial relative to the 
 removal of the deposites, and to give it a new charter. Tliey were 
 substantially a confession thnt all the real distrijsses, which individuals 
 and the country had endured for the preceding six or eight months, had 
 been needlessly produced by it, with the virw of affecting, through the 
 sufferings of the People, the legislative action of Congress. It is a sub- 
 ject of congratulation that Congress and the country had the virtue and 
 firmness to bear the infliction; that the energies of our people soon found 
 relief from this wanton tyranny, in vast importations of the precious met- 
 als from almost every part of the world; and that, at the close of this 
 tremendous effort to control our government, the Bank found itself pow- 
 erless, and no longer able to loan out its surplus means. Tfie commujii- 
 ty had learned to manage its affairs without its assistance, and trade had 
 already found new auxiliaries; so th;it on the first of October last, the ex- 
 traordinary spectacle was piesented of a Na'ional Bank, more than one 
 half of whose capital was either lying unproductive in its vaults, or in 
 the hands of foreign Ijankers. 
 
 To the needless distresses brought on ilie country during the last ses- 
 sion of Congress, has since been added the open seizure of tlie dividends 
 on the public stock, to the a iiount of one hundred and seventy thousand 
 and forty-one dollars, under pretence of paying damages, cost, and in- 
 terest, upon the protested French bill. This sum constituted a poilion 
 of the estimated revenues for the year 18 34, upon which the appropria- 
 tions made by congress were based. It would as soon have been expect- 
 ed that our collectors would seize on the customs, or the receivers of 
 our land otiices on the moneys arising from the sale of public lands, un- 
 der pretences of claims against the United States, as that the bank would 
 have retained the dividends. Indeed, if the principle be established that 
 any one who chooses to set up a claim against the United States, may, 
 without authority of law, seize on the public property or money where- 
 ever he can find it, to pay the claim, there will remain no a>surance that 
 our revenue will reach the treasury, or that it wn\ be applied alter the 
 appropriation to the purposes designated in the law. The paymasters of 
 our army, and the pursers of our navy, may, under like pretenses, apply 
 to their own use, moneys appropriated to set in motion the jjubllc force, 
 aud in time of war leave the country without deleiice. Tiiis measure 
 resorted to by the bank is disorganizing and revolutionary, and i( gene- 
 rally resorted to by private citizens in like cases, would (ill the land with 
 anarchy and violence. 
 
 It is"^a constitutional provision, that "no money shall be drawn from the 
 treasury but in consequence of appropriations made by law." The 
 palpable object of this provision is to' prevent the expenditure of the 
 public money, for any purpose whatsoever, which shall not have been 
 first approved by the representatives of the people and the states io 
 Congress assembled. It vests the power of declaring for what purposes 
 the public money shall be expended, in the legislative department of the 
 government, to" the exclusion of the executive and judicial; and it i^ not 
 within the constitutional authority of either of those departments, to pay 
 
216 [Deceriiber, 
 
 it away without law, or to sanction its payment. According to this 
 plain constitutional provision, the claim of the bank can never be paid 
 without an appropriation by act of congress. But the bank has never 
 asked for an appropriation. It attempts to di^feat the provision of the 
 constitution, and obtain payment without an act of congress. Instead of 
 waiting an appropriation passed by both liouses, and approved by the 
 president, it makes an aj)propriation for itself, and invites an appeal to 
 the Judiciary to sanction it. That the money had not technically been 
 paid into the Treasury, does not affect the principle intended to be es- 
 tablished by the constitution. The Executive and Judiciary have as lit- 
 tle right to appropriate and expend the public money without authority 
 of law, before it is placed to the credit of the treasurer, as to take it 
 from the Treasury. In the annual report of the secretary of the Treasury, 
 and in his correspondence with the president of the bank, and the opin- 
 ion of the attorney general accompanying it, you will find a further ex- 
 amination of the claims of the bank, and the course it has pursued. 
 
 It seems due to the safety of the public funds remaining in that bank, 
 and to the honour of the American people, that measures be taken to sep- 
 arate the government entirely from an institution so mischievous to the 
 public prosperity, and so regardless of the constitution and laws. By 
 transferring the public deposites, by appointing other pension agents, as 
 far as it had the power, by ordering the discontinuance of the receipt of 
 bank checks in payment of the public dues after the first day of January 
 next, the executive has exerted all its lawful authority to sever the con- 
 nexion between the government and this faithless corporation. 
 
 The high-handed career of this institution imposes upon the constitu- 
 tional functionaries of this government, duties of the gravest and most 
 imperative character — duties vvhich they cannot avoid, and from 
 which I trust there will be no inclination on the part of any of them to 
 shrink. — My own sense of them is most clear, as is also my readiness 
 to discharge those which may rightfully fall on me. To continue any 
 business relations with the Bank of the United States that may be avoided 
 without a violation of the national faith, after that institution has set at 
 open defiance the conceded right of the government to examine its affairs; 
 after it has done all in its power to deride the public authority in other 
 respects, and to bring it into disrepute at home and abroad; alter it has 
 attempted to defeat the clearly expressed will of the people by turning 
 against them the immense power intrusted to its hands, and by involving 
 a country otherwise peaceful, flourishing and happy, in dissension, embar- 
 rassment, and distress — would make the nation itself a party to the de- 
 gradation so sedulously prepared for its public agents — and do much to 
 destroy the confidence of mankind in popular governments, and to bring 
 into contempt their authority and ethciency. In guarding against an evil 
 of such magnitude, considerations of temporary convenience should be 
 thrown out of the question, and we should be influenced by such motives 
 only as look to the honour and preservation of the republican system. — 
 Deeply and solemnly impressed with the justice of these views, I feel it 
 to be my duty to recommend to you, that a law be passed authorizing the 
 sale of the public stock; that the provision of the charter requiring the 
 
1834.] 217 
 
 receipt of notes of the bank in payment of public clues, shall, in accor- 
 dance with the power reserved to congress in the 14th section of the 
 charter, be suspended until the bank pays to the treasury the dividends 
 withheld; and that all laws connecting the government or its officers with 
 the bank, directly or indirectly, be repealed; and that the institution be 
 left hereafter to its own resources and means. 
 
 Events have satisfied my mind, and 1 think the minds of the American 
 people, that the mischiefs and dangers which flow from a national bank 
 far overbalance all its advantages. The bold effort the present bank has 
 made to control the government, the distresses it has wantonly produced, 
 the violence of which it has been the occasion in one of our cities famed 
 for its observance of law and order, are but premonitions of the fate which 
 awaits the American people, should they he deluded into a perpetuation 
 of this institution, or the establishment of another like it. It is fervently 
 hoped, that, thus admonished, those who have heretofore favored the 
 establishment of a substitute for the present bank, will be induced to 
 abandon it, as it is evidently better to incur any inconvenience that may 
 be reasonably expected, than to concentrate the whole moneyed power 
 of the republic in any form whatsoever, or under any restrictions. 
 
 Happily it is already illustrated that the agency of such an institution 
 is not necessary to the fiscal operations of the government. The state 
 banks are found fully adequate to the performance of all services which 
 were required of the Bank of the United States, quite as promptly, and 
 with the same cheapness. They have maintained themselves, and dis- 
 charged all these duties, while the Bank of the United States was still 
 powerful, and in the field as an open enemy; and it is not possible to con-' 
 ceive that they will find greater difficulties in their operations when that 
 enemy shall cease to exist. 
 
 The attention of congress is earnestly invited to the regulation of the 
 depositites in the state banks, by law. Although the power now exer- 
 cised by the executive department in this hehalf, is only such as was uni- 
 formly exerted through every administration from the origin of the go- 
 vernment up to the establishment of the present bank, yet, it is one which 
 is susceptible of regulation by law, and, therefore, ought so to be regu- 
 lated. The power of congress to direct in what places the treasurer shall 
 keep the moneys in the treasury, and to impose restrictions upon the ex- 
 ecutive authority, in relation to their custody and removal, is unlimited, 
 and its exercise will rather be courted than discouraged by those public 
 officers and agents on whom rests the responsibility for their safety. It 
 is desirable that as little power as possible should be left to the president 
 or secretary of the treasury over those institutions — which, being thus 
 freed from executive influence, and without a common head to direct 
 their operations, would have neither the temptation nor the ability to in- 
 terfere in the political conflicts of the country. JVot deriving their char- 
 ters from the national authorities, tliey would never have those induce- 
 ments to meddle in general elections, which have led the bank of the 
 United Staies to agitate and convulse the country for upwards of two 
 years. 
 
 The progress of our gold coinage is creditable to the officers of the 
 
218 [December, 
 
 mint, and promises in a short period to l'urni.-5h llie country with a sound and 
 portable currency, ^vhich will much diminish ihr inconvenience to travel- 
 lers of the want of a general paper cuirency, should the state banks be 
 incapable of furnishing il. — Those instiiulions have already shown them- 
 selves competent to purchase and furnish domestic exchange for the con- 
 venience of trade, at reasonable rates, aad not a doubt is entertained that, 
 in a short period, all the wants of the country in bank accommodations 
 and exchange, will be supplied as promptly and cheaply as they have 
 heretofore been by the Bank of the United States. If the several slates 
 shall be induced gradually to reform their banking systems, and pro- 
 hibit the issue of all small notes, we shall, in a few years, have a cur- 
 rency as sound, and as little liable to iiuctuaiions, as any other commei- 
 cial country. 
 
 The report of the secretary of war, together with the accompanjing 
 documents from the several bureaux of that department, will exhibit the 
 situation of tlie various ol»jf*cts comnjittcd to its administration. 
 
 No event has occurred \since your last session rendering necessary 
 any movements of the army, 'Aith the exception of the expedition of the 
 regiment of dragoons into the territory of the wandering and predatory 
 tribes, inhabiting the western frontier, and living adjacent to the Mexican 
 boundary. These tribes have been heretofore known to us principal I3' 
 by their attacks upon our own citizens, and upon other Indians entitled to 
 the protection of the United States. It became necessary for the peace 
 of the frontieis, to cheek these habitual inroads, and I am happy to infoi-m 
 you that the object has been effected without the commission of any act 
 of hostility. Col. Dodge, and the troops under his command, have act- 
 ed with equal firmness and humanity, and an arrangement has been made 
 with those Indians, which it is hoped will assure their permanent pacific 
 relations with the United States, and the other tribes of Indians upon that 
 border. It is to be regretted that the prevalence of sickness in that 
 quarter has deprived the country of a number of valuable lives, and par- 
 ticularly that General Leavenworth, an officer well known and es- 
 teemed for his gallant services in the late war, and for his subsequent good 
 conduct, has fallen a victim to his zeal and exertions in the discharge of 
 his duty. 
 
 The army is in a high state of discipline. Its moral condition, so lar 
 as that is known here, is good, and the various branches of the public 
 service, are carefully attended to. It is amply sufficient, under Us present 
 organization, for providing the necessary garrisons for the sea-board and 
 for the defence of the inteinal frontier, ahd also for preserving the ele- 
 ment? of military knowledge, and for keeping pace with those improve- 
 ments which modern experience is continually making. And these ob- 
 jects appear to me to embi-ace all the legitimate purposes for which a 
 permanent military force should be maintained in our country. The 
 lessons of history teach us its danger, and the tendency which exists to 
 an increase. This can be best met and averted by a just caution on the 
 part, of the public itself, and of those vvlio represent them in Congress. 
 
 From the duties which devolve on tite engineer department, and upon 
 the topographical cngijieers, a diltcrent o'ganization seems to be deman- 
 
1S34.J 219 
 
 dec! by the public interest, and I recommend the subject to your consid- 
 eration. 
 
 No important cbari^c lias, durinsj^ tliis season, taken place in the con- 
 dition ot the Indians. Arrangements are in proi^i-ess lor the removal of 
 tlie Creeks, and will soon be lor the removal of the Seminoles. 1 ie«^ret 
 that the Cherokees east of the jN'ississippi havenot yet detei'mined, as a 
 community, to remove. Howloni^ the personal causes which liaveliere- 
 tofore retarded that ultimately inevitable measure, will continue to ope- 
 aate, I am unable to conjecture. It is certain, liowever, that delay will 
 bring with it accumulated evils; which will render their condition more 
 and more unpleasant. — The experience of every year adds to the con- 
 viction, that emigration, and that alone, can preserve from destruction the 
 remnant of the tiibes yet living amoiig us. The facility with which the 
 necessaries of life are procured, and ilie treaty stipulai'.uns providing aid 
 for the emigrant Indians in their agricultural pursuits, and in the import- 
 ant concern of education, and their removal from those causes which 
 have heretofore depressed all and destroyed many ot the tribes, cannot 
 fail to stimulate their exertions and to reward their industry. 
 
 The two laws passed at the last session of congiess on the subject of 
 Indian alfairs, have been carried into etiect, and detailed instructions for 
 their administration have been given. It will be seen by the estimates 
 for the present session, that a great reduction will take place in the ex- 
 penditures of the department in consequence of these laws. And there 
 is reason to believe that their operation will be salutary, and thai the col- 
 onization of the Indians on the western frontier, together with a judicious 
 system of administration, will still further reduce the expenses ot this 
 branch of the public service, and at the same time promote its useful- 
 ness and efficiency. 
 
 Circumstances have been recently developed, shewing the existence of 
 extensive frauds under the various laws granting pensions and gratuities 
 for revolutionary services. It is impossible to estimate the amount which 
 may have been thus fraudulently obtained from the natioi.al tieasury. 
 I am satisfied, however, it has been such as tojustify a re-examination of 
 the system, and the adoption ot the necessary checks in its administration. 
 All will agree, that the services and sufferings of the remnant of our 
 revolutionary band, should be fully compensated. But while this is done, 
 every proper precaution should be taken to prevent the admission of tab- 
 ricated and fraudulent claims. In the present mode of proceeding, the 
 attestations and certificates of judicial officers of the various states, iorm 
 a considerable portion of the checks which are interposed against the 
 commission of frauds. These, however, have been, and may be, fabri- 
 cated, and in such a way as to elude detection at the examining offices. 
 And independently of this practical difficulty, it is ascertained that these 
 documents are often loosely granted; sometimes, even blank certificates 
 have been issued, sometimes prepared papers have been signed without 
 inquiry, and, in one instance at least the seal of the court has been within 
 reach of a person most interested in its improper application. It is ob- 
 vious that, under such circumstances, no severity of administration can 
 check the abuse ot the law; and information has, from time to time, 
 
220 [December, 
 
 been communicated to the pension office, questioning or denyinj^ the 
 right of persons placed upon the pension list, to tlie bounty oi" the 
 country. Such cautions are always attended to, and examined. Bui a 
 far more general investigation is called for. And I tlierefore recommend, 
 in conformity with the suggestion of the secretary of war, that an actual 
 inspection should be made, m each state, into the circumstances and claims 
 of every person now drawing a pension. The iionest veteran has nothing 
 to fear from such a scrutiny, while the fraudulent claimant will be detect- 
 ed, and the public treasury relieved to an amount, I have reason to be- 
 lieve, far greater than has heretofore been suspected. The details of 
 such a plan, could be so regulated as to interpose the necessary checks 
 without any burthensome operation upon the pensioners. The object 
 should be two-fold: 
 
 1. To look into the original justice of the claims, so far as this can be 
 done under a proper system of regulations, by an examination of the 
 claimants themselves, and by inquiring, in the vicinity of their residence,, 
 into their history, and into the opinion entertained of their revolutionary 
 services. 
 
 2. To ascertain, in all cases, whether the original claimant is living, 
 and this by actual personal inspection. 
 
 This measure will, if adopted, be productive, I think of the desired 
 results; and I therefore recommend it to your consideration, with the fur- 
 ther suggestion, that all payments should be suspended till the neccessary 
 reports are received. 
 
 It will be seen by a tabular statement annexed to the documents trans- 
 mitted to congress, that the ap[)ropriations for objects connected with the 
 War Department, made at the last session, for the service of the year 
 
 1834, excluding the permanent appropriation lor the pa\ment of military 
 gratuities under the act of June 7, lb32, the appropriation of two hun- 
 dred thousand dollars for arming and equipping the militia, and the ap- 
 propriation of ten thousand dollars for ihe civilization of the Indians, 
 which are not annu-dUy renewed, amounted to the sum of nine millions 
 three thousand two hundred and sixty-one dollars, and that the estimates 
 of appropriations necessary for the same branches of service for the year 
 
 1835, amount to the sum of five millions seven hundred and seventy- 
 eisht thousand nine hundred and sixtv-four dollars, making a difference 
 in the appropriations of the current year over the estimates oi appro- 
 priations for the next, of three millions two hundred and twenty- 
 four tliousand two hundred and ninety- seven dollars. 
 
 The principal causes which have operated at this time to produce this 
 great ditference, are shown in the reports and documents, and in the de- 
 tailed estimates. Some of these causes are accidental and temporary, 
 while others are permanent, and, aided by a just course of administration, 
 may continue to operate beneficially upon the public expenditures. 
 
 A just economy, expending where the puplic service requires, and 
 withholding, where it does not, is among the indispensable duties of the 
 government. 
 
 1 refer you to the accompanying report of the Secretary of the Navy, 
 and to the documents with it, for a full view of the operations of that im- 
 
1834.] 221 
 
 portant branch of our service, during the present year. It will be seen 
 that the wisdom and liberality with which congress have provided for 
 the gradual increase of our Navy material, have been seconded by a cor- 
 responding zeal and fidelity on the part of those to whom has been con- 
 fided the execution of the laws on the subject, and that but a short period 
 would be now required to put in commission a force large enough for any 
 exigency into which the country may be thrown. 
 
 When we reflect upon our position in relation to other nations, it must 
 be apparent, that in the event of conflicts with them, we must look chief- 
 ly to our navy for the protection of our national rights. The wide seas 
 which separate us from other governments, must of necessity be the 
 theatre on which an enemy will aim to assail us, and unless we are pre- 
 pared to meet him on this element, we cannot be said to possess the pow- 
 er requisite to repel or prevent aggressions. We cannot, therefore, 
 w^atch with too much attention this arm of our defence, or cherish with 
 too much care the means by which it can possess the necessary efiiciency 
 and extension. To this end our policy has been heretofore wisely direct- 
 ed to the constant employment of a force sufficient to guard our com- 
 merce, and to the rapid accumulation of the materials which are necessa- 
 ry to repair our vessels, and construct with ease such new ones as may 
 be required in a state of war. 
 
 In accordance with this policy, I recommend to your consideration the 
 erection of the additional dry dock described by the Secretary of the 
 Navy, and also of the construction of the steam batteries to which he has 
 referred, for the purpose of testing their efficacy as awxiliaries to the sys- 
 tem of defence now in use. 
 
 The report of the Postmaster General, herewith submitted, exhibits 
 the condition and prospects of that department. From that document it 
 appears that there was a deficit in the funds of the department, at the 
 commencement of the present year, beyond its available means, of three 
 hundred and fifteen thousand five hundred , and ninety-nine dollars and 
 ninety-eight cents, which on the first of July last had been reduced to 
 two hundred and sixty-eight thousand and ninety-two dollars and seventy- 
 four cents. It appears, also, that the revenues for the coming year will 
 exceed the expenditures about two hundred and seventy thousand dollars, 
 which, with the excess of revenue which will result from the operations 
 of the current half year, may be expected, independently of any increase 
 in the gross amount of postages, to supply the entire deficit before the 
 end of 1 835. But as this calculation is based on the gross amount of post- 
 ages which had accrued within the period embraced by the times of 
 striking the balances, it is obvious that, without a progressive increase in 
 the amount of postages, the existing retrenchments must be persevered 
 in through the year 1836, that the Department may accumulate a sur- 
 plus fund sufficient to place it in a condition of perfect ease. 
 
 It will be observed that the revenues of the Post Office Department, 
 
 though they have increased, and their amount is above that of any former 
 
 year, have yet fallen short of the estimates more than a hundred thousand 
 
 dollars. This is attributed in a great degree to the increase of free let- 
 
 28 
 
222 [December, 
 
 ters growing out of the extension and abuse of the franking privilege. 
 There has been a gradual increase in the number of executive offices to 
 which it has been granted; and by an act passed in March, lo33, it was 
 extended to members of Congress throughout the whole year. It is be- 
 lieved that a revision of the laws relative to the iranking privilege, with 
 some enactments to entorce more rigidly the restrictions under which it 
 is granted, would operate beneficially to the country, by enabling the 
 department at an earlier period to restore the mail facilities tt at have 
 been withdrawn, and to extend them more widely as the growing settle- 
 ments of the country may require. 
 
 To a measure so important to the government, and so just to our con- 
 stituents, who ask no exclusive privileges for themselves, and are not 
 willing to concede them to others, I earnestly recommend the serious at- 
 tention of Congress. 
 
 The importance of the Post Office department, and the magnitude to 
 which it has grown, both in its revenues and in its operations, seem to 
 demand its re-organization by law. The whole of its receipts and dis- 
 bursements have hitherto been left entirely to executive control, and in- 
 dividual discretion. The principle is as sound in relation to this as to 
 any other department of the government, that as little discretion should 
 be confided to the executive officer who controls it, as is compatible 
 with its efficiency. It is therefore earnestly recommended that it be or- 
 ganized, with an auditor and treasurer of its own, appointed by the 
 President and Senate, who shall be branches of the Treasury department. 
 Your attention is again respectfully invited to the defect which exists 
 in the judicial system of the United States. Nothing can be more de- 
 sirable than the uniform operation of the federal judiciary throughout the 
 several States, all of which, standing on the same footing as members of 
 the Union, have equal rights to the advantages and benefits resulting from 
 its laws. This object is not attained by the judicial acts now in force, 
 because they leave one-lourth of the states without circuit courts. 
 
 It is undoubtedly the duty of Congress to place all the states on the 
 same footing in this respect, either by the creation of an additional num- 
 ber of associate judges, or by an enlargement of the circuits assigned to 
 those already appointed, so as to include the new states. Whatever 
 may be the difficulty in a proper organization of the judicial system, so as to 
 secure its efficiency and uniformity in all parts of the Union, and, at the 
 same time, to avoid such an increase of judges as would encumber the 
 supreme appellate tribunal, it should not be allowed to weigh against the 
 great injustice which the present operation of the system produces. 
 
 I trust that I may be also pardoned for renewing the recommendation 
 I have so often submitted to your attention, in regard to the mode of 
 electing the President and Vice President of the United States. All the 
 reflection 1 have been able to bestow upon the subject, increases my 
 conviction that the best interests of the country will be promoted by the 
 adoption of some plan which will secure, in all contingencies, that im- 
 portant right of sovereignty to the direct control of the people. Could 
 this be attained, and the terms of those offices be limited to a single 
 
1834] 223 
 
 period of either four or six years, I think our liherties would possess an 
 additional safeguard. 
 
 At your last session I called the attention of Congress to the destruction 
 of the public building occupied by the Treasury department. As the 
 public interest requires that another building siiould be erected, witli as 
 little delay as possible, it is hoped that t'he means will be seasonably pro- 
 vided, and that they will be ample enough to authorize such an enlargement 
 and improvement in the plan of the building as will more effectually ac- 
 commodate the public officers, and secure the public documents deposited 
 in it from the casualties of fire. 
 
 I have not been able to satisfy myself tliat the bill entitled "An act to 
 improve the navigation of the Wabash river," which was sent to me at 
 the close of your last session, ought to pass, and I have therefore withheld 
 from it my approval, and now return it to the Senate, the body in which 
 it originated. 
 
 There can be no question connected witli the administration of public 
 affairs, more important or more difficult lo be satisfactorily dealt with, 
 than that which relates to the rightful authority and proper action of the 
 federal government upon the subject of internal improvements. To in- 
 herent embarrassments have been added others resulting from the course 
 of our legislation concerning it. 
 
 I have heretofore communicated freely with Congress upon this sub- 
 ject, and in adverting to it again, I cannot refiain from expressing my in- 
 creased conviction of its extreme importance, as well in regaid to its 
 bearing upon the maintenance of the constitution and the prudent man- 
 agement of the public revenue, as on account of its disturbing effect upon 
 the harmony of the Union. 
 
 We are in no danger from violations of the constitution by which en- 
 croachments are made upon the personal rights of the citizen. The sen- 
 tence of condemnation long since pronounced by the American people 
 upon acts of that character, will, I doubt not, continue to prove as salu- 
 tary in its effects as it is irreversible in its nature. But against the dan- 
 gers of unconstitutional acts, which, instead of menacing the vengeance 
 of offended authority, proUer local advantages, and bring in their train 
 the patronage of the government, we aie, I fear, Jiot so safe. To sup- 
 pose that because our government has b-'cn institutt'.d for the benefit of 
 the people, it must therefore have the powur to do whatever may seem 
 to conduce to the public good, is an error, into which even honestn^inds 
 are too apt to fall. 
 
 In yielding themselves to this fallacy, thty overlook thi; great consid- 
 erations in which the federal constitution was founded. They forget 
 that in consequence of the conceded diversities in the interest and condi- 
 tion of the different states, it was foreseen, at the period of its adoption, 
 \liat although a particular measure of the goveriune-'it might be bcnefi- 
 aal and proper in one state, it might be: the reverse in another — that it 
 was for this reason the states would not consen! to make a giant to the 
 federal government of the general and usual po'^ers of government, but 
 of such only as were specifically enumerated, and the probable effects of 
 wdiidi they could, as they thought, safely anticipate: and they forget also 
 
224 [December, 
 
 the paramount obligation upon all to abide by tlie compact, then so sol- 
 emnly, and, as it was hoped, so firmly established. 
 
 In addition to the dangers to the constitution springing from the sour- 
 ces I have stated, there has been one which was perhaps greater than 
 all. I allude to the materials which this subject has atforded for sinister 
 appeals to selfish feelings and the opinion heretofore so extensively enter- 
 tained of its adaptation to the purposes of personal ambition. With such 
 stimulants it is not surprising that the acts and pretensions of the federal 
 government in this behalf sliould sometimes have been carried to an alarm- 
 ing extent. The questions which have arisen upon this subject have re- 
 lated— 
 
 1st. To the power of making internal improvements within the limits 
 of a state, with the right of territorial jurisdiction, sufficient at least for 
 their preservation and use. 
 
 2d. To the right of appropriating money in aid of such works when 
 carried on by a state or by a company in virtue of state authority, sur- 
 rendering the claim of jurisdiction; and 
 
 3d. To the propriety of appropriation for improvements of a particu- 
 lar class, viz. for light-houses, beacons, buoys, public piers, and for the 
 removal of sand bais, sawyers, and other temporary and partial impedi- 
 ments in our navigable rivers and harbors. 
 
 The claims of power for the general government upon each of these 
 points, certainly present matter of the deepest interest. The first is, 
 however, of much the greatest importance, inasmuch as, in addition to the 
 dangers of unequal and improvident expenditures of public moneys, com- 
 mon to all, there is superadded to that the conflicting jurisdictions of the 
 respective governments. Federal jurisdiction, at least to the extent I 
 have stated, has been justly regarded by its advocates as necessarily ap- 
 pertenant to the power in question, if that exists by the constitution. 
 That the most injurious conflicts would unavoidably arise between the 
 respective jurisdictions of the state and federal governments, in the ab- 
 sence of a constitutional provision marking out their respective bounda- 
 ries, cannot be doubted. The local advantages to be obtained would in- 
 duce the states to overlook in the beginning the dangers and difficulties to 
 which they might ultimately be exposed. The powers exercised by the fed- 
 eral government would soon be regarded with jealousy by the state autho- 
 rities, and originating as they must from implication or assumption, it 
 would be impossible to affix to them certain and safe limits. Opportu- 
 nities and temptations to the assumption of power incompatible with 
 state sovereignty, would be increased; and those barriers which resist 
 the tendency of our system towards consolidation greatly weakened. The 
 officers and agents of the general government might not always have the 
 discretion to abstain from intermeddling with state concerns; and if they 
 did, they would not always escape the suspicion of having done so. 
 Collisions, and consequent irritations, would spring up — that harmcny 
 which should ever exist, between the general government and each mem- 
 ber of the confederacy, would be frequently interrupted — a spirit of ^con- 
 tention would be engendered — and the dangers of division greatly mul- 
 tiplied. 
 
1834] 225 
 
 Yet we all know, that, notwithstanding these grave objections, this 
 dangerous doctrine was at one time apparently proceeding to its final es- 
 tablishment with fearful rapidity. The desire to embark the federal go- 
 vernment in works of internal improvement prevailed in the highest de- 
 gree during the first session of the first Congress that I had the honor to 
 meet in my present situation. When the bill authorising a subscription 
 on the part of the United States for stock in the Maysville and Lexino*- 
 ton Turnpike Companies passed the two Houses, there had been report- 
 ed, by the committees of internal improvements, bills containing appro- 
 priations for such objects, exclusive of those for the Cumberland Road 
 and for harbors and light-houses, to tlie amount of about one hundred 
 and six millions of dollars. In this amount was included authority to the 
 Secretary of the Treasury to subscribe for the stock of different com- 
 panies to a great extent, and the residue was principally for the direct 
 construction of roads by this government. — In addition to those projects 
 which had been presented to the two Houses, under the sanction and re- 
 commendation of their respective committees on internal improvements 
 there were then still pending before the committees, and in memorials to 
 Congress, presented, but not referred, different projects for works of a 
 similar character, the expense of which cannot be estimated witli cer- 
 tainty, but must have exceeded one hundred millions of dollars. 
 
 Regarding the bill authorizing a subscription to the stock of the Mays- 
 ville and Lexington Turnpike Company as the entering wedge of a sys- 
 tem, which, however weak at first, might soon become strong enou«-h to 
 rive the bands of the Union asunder, and believing that, if its passa^-e 
 was acquiesced in by the executive and the people, there would no log- 
 ger be any limitation upon the authority of the general government in re- 
 spect to the appropriation of money for such objects, I deemed it an im- 
 perative duty to withhold from it the executive approval. Althouo-h 
 from the obviously local character of that work, I might well have con- 
 tented myself with a refusal to approve the bill upon that ground, yet 
 sensible of the vital importance of the subject, and anxious that my views 
 and opinions, in regard to the whole matter, should be fully understood 
 by Congress, and by my constituents, I felt it my duty to go further. I 
 therefore embraced that early occasion to apprize Congress that, in my 
 opinion, the constitution did not confer upon it the power to authorize 
 the construction of ordinary roads and canals within the limits of a state 
 and to say, respectfully, that no bill admitting such a power could receive 
 my official sanction. I did so in the confident expectation that the speedy 
 settlement of the public mind upon the whole subject would be greatly 
 facilitated by the difference between the two Houses and myself, and 
 that the harmonious action of the several departments of the federal 'o-qv- 
 ernment, in regard to it, would be ultimately secured. * 
 
 So far at least as it regards this branch of the subject, my best hopes 
 have been realized. Nearly four years have elapsed, and several ses- 
 sions of Congress have intervened, and no attempt within my recollec- 
 tion has been made to induce Congress to exercise this power. The ap- 
 plications for the construction of roads and canals, which wer- formerly 
 multiplied upon your files, are no longer presented, and we huve good 
 
226 [December, 
 
 reason to infer that the current of puUlc sentiment has become so deci- 
 ded against the pretension as eflectually to discourage its reassertion. 
 So thinking, 1 derive the greatest satisfaction iVom the conviction that 
 thus much at least has been secured upon this important and embarrass- 
 ins: subject. 
 
 From attempts to appropriate the national funds to objects wliich are 
 confessedly of a local character, we cannot, I trust, have any thing further 
 to apprehend. My views in regard to the expediency of making appro- 
 priations for works which are claimed to be of a national character, 
 and prosecuted under state authority, assuming tliat Congress have the 
 ri"-ht to do so, were stated in my annual message to Congress in 1830, and 
 also in that containing my objections to the Maysville Road bill. 
 
 So thor'^ughly convinced am I that no such appropriations ought to be 
 made by Congress, until a suitable constitutional provision is made upon 
 the subject, and so essential do I regard the point to the highest interests 
 of our country, that I could not consider myself as discliai'ging my duty 
 to my constituents in giving tlie executive sanction to any bill containing 
 such an appropriation. Iftlje people of the United States desire that 
 the public Treasury shall be resorted to lor the means to prosecute such 
 works, they will concur in an amendment of the constitution, prescribing 
 a rule bv which tlie national character of the works is to be tested, and 
 by whicii the greatest practicable equality of benefits may be secured to 
 each member of the confederacy. — The effects of such a regulation 
 would be most salutary in preventing unprofitable expenditures, in secu- 
 ring our leoislation from the pernicious consequences of a scramble for 
 the favors of government, and in repressing the spirit of discontent whicii 
 must inevitably arise from an unequal distribution of treasures which be- 
 long alike to all. 
 
 There is another class of appropriations for what maybe called, with- 
 out im[)ropriety, internal improvements, which have always been re- 
 garded as standing upon different grounds from thoso to which I have re- 
 lerred. i allude to such as have for their object the improvement of 
 our harbors, the removal of partial and temporary obstructions in our 
 navio-able rivers, for the facility and security of our foreign commerce. — 
 The°grounds upon which 1 distinguish appropriations of this character 
 from others, have already been stated to Congress. I will now only add 
 that at the first session of congress under the new constitution, it was 
 provided by law, that all expenses which should accrue from and after 
 the loth day of August, I7b9, in the necessary support and maintenance 
 and repairs of all light-houses, beacons, buoys, and public piers, erected, 
 placed or sunk before the passage of the act, within any bay, inlet, harbor, 
 or port of the United States, tor rendering the navigation thereof easy 
 and safe, should be defrayed out of the Treasury ot the United States; 
 and further, that it should be the duty of the Secretary of the Treasury 
 to provide by contracts, witii the approbation of the President, lor re- 
 building when necessary, and keeping in good repair the light-houses, 
 beacons, buoys, and public piers in the several states, and for fuinishing 
 them willi sup{)lies. Appropriations for simdar objects have been con- 
 
183 4. J 227 
 
 tinued from that time to the present without interruption or dispute. As 
 a natural consequence of tlie increase and extension of our foreign com- 
 merce, ports of entry and delivery have been multiplied and established, 
 not only upon our seaboard, but in the interior of the country, upon our 
 lakes and navio-able rivers. The convenience and safetv of this com- 
 merce have led to the gradual extension of these expenditures; to the 
 erection of light-houses, the placing, planting, and sinking of buoys, 
 beacons, and piers, and to the removal of partial and temporary obstruc- 
 tions in our navigable rivers, and in the harbors upon our great lakes, 
 as well as on the seaboard. 
 
 Although I have expressed to Congress my apprehension that these 
 expenditures have sometimes been extravagant and disproportionate to 
 the advantages to be derived from them, I have not felt it to be my duty 
 to refuse my assent to bills containing them, and have contented myself 
 to follow in this respect in the footsteps of all my predecessors. Sensible, 
 however, from experience and observation, of the great abuses to which 
 the unrestricted exercise of this authority by Congress, was exposed, I 
 have prescribed a limitation for the government of my own conduct, by 
 which expenditures of this character are confined to places below the 
 ports of entry or delivery established by law. I am very sensible that 
 this restriction is not as satisfactory as could be desired, and that much 
 embarassment maybe caused to the executive department in its execution, 
 by appropriations for remote and not well understood objects. But as 
 neither my own reflections, nor the lights which I may properly derive 
 from other sources, have supplied me with a better, 1 shall continue to 
 apply my best exertions to a iaithful application of the rule upon which it 
 is founded. I sincerely regret that I could not give my assent to the bill 
 entitled "An act to improve the navigation of the Wabash river." but I 
 could not have done so without receding from the ground which I have, 
 upon the fullest consideration, taken upon this subject, and of which 
 Congress has been heretofore apprized, and without throwing the subject 
 again open to abuses which no good citizen, entertaining my opinions, 
 could desire. 
 
 I rely upon the intelligence and candor of my fellow-citizens, in whosti 
 liberal indulgence I have already so largely participated, for a correct ap- 
 preciation of my motives in interposing, as I have done, on this, and 
 other occasions, checks to a course of legislation which, without, in the 
 slightest degree, calling in question the motives of others, I consider as 
 sanctioning improper and unconstitutional expenditures of public treasure. 
 
 I am not hostile to internal improvements, and wish to see them exten- 
 ded to every part of the country. — But I am fully persuaded, if they are 
 not commenced in a proper manner, confined to proper objects, and con- 
 ducted under an authority generally conceded to be rightful, that a suc- 
 cessful prosecution of them cannot be reasonably expected. The attempt 
 will meet with resistance where it might otherwise receive support, and 
 instead of strengthening the bonds of our confederacy, it will only mul- 
 tiply and aggravate the causes of disunion. 
 
 ANDREW JACKSON. 
 December 1, 1834. 
 
MESSAGE 
 
 FROM , THE 
 
 President oi the Uiiited stales, 
 
 Returning the Bank hill to the Senate with his Objections, 
 
MESSAGE 
 
 FROM THE 
 
 PRESIDENT OF THE UNITED STATES, 
 
 Returning the bank bill to the Senate with his Objections. 
 
 To the Senate: 
 
 The bill 'to modify and continue" the act, entitled "an act to incor- 
 porate the subscribers to the Bank of the United States," was present- 
 ed to me on the 4th July, instant. Having considered it with that 
 solemn regard to the principles of the Constitution, which the day was 
 calculated to inspire, and come to the conclusion that it ought not to be- 
 come a law, I herewith return it to the Senate, in which it originated, 
 with my objections. 
 
 A Bank of the United States is, in many respects, convenient for the 
 Government, and useful to the people. Entertaining this opinion, and 
 deeply impressed with the belief that some of the powers and privileges 
 possessed by the existing bank, are unauthorized by the Constitution, 
 subversive of the rights of the States, and dangerous to the liberties of 
 the people, I felt it my duty, at an early period of my administration, to 
 call the attention ofCongress to the practicability organizing an institution 
 combining all its advantages, and obviating these objections. I sincerely 
 regret that, in the act before me, I can perceive none of those modifica- 
 tions of the bank charter which are necessary in my opinion, to make it 
 compatible with justice, with sound policy, or with the Constitution of 
 our country. 
 
 The present corporate body, denominated the President, Directors, 
 and Company of the Bank of the United States, will have existed, at 
 the time this act Is intended to take effect, twenty years. It enjoys an 
 exclusive privilege of banking under the authority of the General Gov- 
 ernment, a monopoly of its favor and support, and, as a necessary con. 
 sequence, almost a monopoly of the foreign and domestic exchange. The 
 powers, privileges, and favors bestowed upon it in the .original charter, 
 by increasing the value of the stock far above its par value, operated 
 as a gratuity of many millions to the stockholders. 
 
 An apology may be found for the failure to guard against this result, 
 in the consideration that the effect of the original act of incorporation 
 could not be certainly foreseen at the time of its passage. The act be- 
 fore me proposes another gratuity to the holders" of the same stock, and, 
 in many cases to the same men, of at least seven millions more. This 
 
232 [July, 
 
 donation finds no apology in any uncertainty as to the effect of the act. 
 On all hands it is conceded that its passage will increase, at least twenty 
 or thirty per cent, more, the market price of the slock, subject to the 
 payment of tlie annuity of $200,000 per year, secured by the act; tl.us 
 adding, in a moment, one-fourth to its par value. It is not our own 
 citizens only who are to receive tlie bounty of our Government. More 
 than eight millions of the stock of this bank are held by foreigners. By 
 tliis act the American republic proposes virtually to make them a pre- 
 sent of some millions of dollars. For these gratuities to foreigners, and 
 to some of our own opulent citizens, the ac^ secures no equivalent wiiat- 
 ever. They are the certain gains of the present stockholders, under the 
 operation of this act, after making full allowance for the paj-ment of the 
 bonus. 
 
 Every monopoly, and all exclusive privileges, are granted at the ex- 
 pense of the public, wiiich ought to receive a fair equivalent. The 
 many millions which this act proposes to bestow on the stockholders 
 of the existing bank, must come directly or indirectly out of the earnings 
 of the American people. It is due to them, therefore, if their Govern- 
 ment sell monopolies and exclusive privileges, that they should at least 
 exact for them as much as they are worth in open market. The value 
 of the monopoly, in this case, may be correctly ascertained. The twen- 
 ty-eight millions of stock would probably be at an advance of fifty per 
 cent, and command, in market, at least forty-two millions of dollars, sub- 
 ject to the payment of the present bonus. The present value of the 
 monopoly, therefore, is seventeen millions of dollars, and this the act 
 proposes to sell for three millions, payable in fifteen annual instalments 
 ofpOO,OOOeach. 
 
 it is not conceivable how the present stockholders can have any claim 
 to the special favor of the Government. The present corporation has 
 enjoyed its monopoly during the period stipulated in the original contract. 
 If we must have such a corporation, why should not the Government sell 
 out the whole stock, and thus secure to the people the full market value 
 of the privileges granted.'^ Why should not Congress create and sell the 
 twenty-eight millions of stock, incorporating; the purchasers with all the 
 powers and privileges secured in this act, and putting the premium upon 
 the sales into the treasury. 
 
 But this act does not permit co rpetition in the purchase of this mon- 
 opoly. It seems to be predicated on the erroneous idea, that the pre- 
 sent stockholders have a prescriptive right, not only to the favor, but to 
 the bounty of the Government. It appears that more than a fourth part 
 of the stock is held by foreigners, and the residue is held by a few hun- 
 dreds of our own citizens, chiefly of the richest class. For their benefit 
 does this act exclude the whole American people from competition in the 
 purchase of this monopoly, and dispose of it lor many millions less than 
 it is worth. This seems the less excusable, because some of our citizens, 
 not now stockholders, petitioned that the door of competition might be 
 opened, and offered to take a charter on terms much more favorable to 
 the Government and country. 
 
 But this proposition, although maJe by men wdiose aggregate wealth 
 
1882.] 233 
 
 is believed to be equal to all the private stock in \h^ rxisling bank, lias 
 been pet aside, and the bounty of our Government, is proposed to be 
 again bestowed on the few who have been fortunate enough to secure 
 tlie stock, and at this moment wield the power of the existing institution. 
 I cannot p«^rceive the justice or polic}'^ of this course. If our Govern- 
 ment must sell monopolies, it would seem to be its duty to take nothing less 
 than their full value; and if gratuities must be made once in fifteen or twenty 
 years, let them not be bestowed on the subjects of a foreign Government, 
 nor upon a designated and favored class of men in our own country. It 
 is but justice and good policy, as far as the nature of the case will ad^ 
 mit, to confine our favors to our own fellow citizens, and let each in his 
 turn enjoy an opportunity to profit by our bounty. In the bearings of 
 the act before me upon these points, I find ample reasons why it should 
 not become a law. 
 
 It has been urged as an argument in favor of rechartering the present 
 bank, that the calling in its loans will produce great embarrassment and dis- 
 tress. The time allowed to close its concerns is ample; and "if it has been 
 well managed its pressure will be light, and heavy only in case its man- 
 agement has been bad. If, therefore, it shall produce distress, the fault 
 v\dll be its own, and it would furnish a reason against renewing a power 
 which has been so obviously abused.' But will there ever be a time 
 when this reason will be less powerful.^ To acknowledge its force is 
 to admit that the bank ought to be perpetual, aud, as a consequence the 
 present stockholders and those inheriting their rights as successors be 
 established, a privileged order, clothed both with great political power 
 and enjoying immense pecuniary advantages, from their connection with 
 the Government. 
 
 The modifications of the existing charter, proposed by this act, are 
 not such, in my view, as make it consistent with the rights of the States 
 or the liberties of the people. The qualification of the right of the bank 
 to hold real estate, the limitation of its powder to establish branches, and 
 the power reserved to Congress to iorbid the circulation of small notes, 
 are restrictions, comparatively, of little value or importance. All the' 
 objectionable principles of the existing corporation, and most of .its odi- 
 ous features, are retained without alleviation. 
 
 The fourth section provides "that the notes or bills of the said cor- 
 poration, although the same be on the faces thereof, respectively made 
 payable at one place only, shall nevertheless be received by the said 
 corporation at the bank, or at any of the offices of discount and deposite 
 thereof, if tendered in liquidation or payment of any balance or balances 
 due to said corporation, or to such office of discount and deposite from 
 any other incorporated bank." 
 
 This provision secures to the State banks a legal privilege in the Bank 
 of the United St-^tes, which is withheld from all private citizens If a 
 State bank in Philadelphia owe the Bank of the United States, and have 
 notes issued by the St. Louis branch, it can pay the debt with those notes; 
 but if a merchant, mechanic, or other private citizen be in like circum- 
 stances, he cannot, by law, pay his debts with those notes, but must sell 
 them at a discount, or send them to St. Louis to be cashed. This boon 
 
234 [July, 
 
 conceded to the Slate banks, though not unjust in itself, is most odious; 
 because it does not measure out equal justice to the high and the low, 
 the rich and the poor. To the extent of its practical effect, it is a bond 
 of union among the banking establishments of the nation, erecting them 
 into an interest separate from that of the people: and its necessary ten- 
 dency IS to unite the Bank of the United States, and the State banks, in 
 any measure which may be thought conducive to their common 
 interest. 
 
 The ninth section of the act recognizes principles of worse tendency 
 than any provision ot the present charter. 
 
 It enacts that "the cashier of the bank shall annually report to the 
 Secretary of the Treasury the names of all stockholders who are not 
 resident citizens of the United States; and, on the application of the 
 Treasurer of any State, shall make out, and transmit to such Treasurer, 
 a list of stockholders residing in, or citizens of, such Slate, with the 
 amount owned by each." 
 
 Although this provision, taken in connexion with a decision of the 
 Supreme Court, surrenders, by its silence, the right of the States to tax 
 the banking institutions created by this corporation, under the name of 
 branches, throughout the Union, it is evidently intended to be construed 
 as a concession of their right to tax that portion of the slock which may be 
 held by their own citizens and residents. In this light, if the act be- 
 come a law, it will be understood by the Slates, who will probably 
 proceed to levy a tax equal to that paid upon the stock of banks incor- 
 porated by themselves. In some States that tax is now one per cent, 
 either on the capital or on the shares; and that may be assumed as the 
 amount which all citizens or resident stockholders would be taxed under 
 the operation of this act. As it is only the slock held in the Slates, and 
 not that employed within them, which would be subject to taxation, 
 and as the names of foreign stockholders are not to be reported to the 
 Treasurers of the Slales,'"it is obvious that the stock held by them will 
 be exempt from this burden. Their annual profits will, therefore, be in- 
 creased one per cent, more than the citizen stockholders, and as the an- 
 nual dividends of the bank may be safely estimated at seven per cent, 
 the stock will be worth ten or fifteen per cent, more to foreigners than 
 to citizens of the United Stales. To appreciate the effects which this 
 state of things will produce, we must lake a brief review of the oper- 
 ations, and present condition of the Bank of the United Stales. 
 
 By documents submitted to Congress, at the present session, it appears 
 that on IstolJanuary, 1832,of the 28 millions of private stock in the cor- 
 poration, ^8,405,500 were held by foreigners, mostly of Great Britain. 
 The amount of slock held in the nine western and south western Stales is 
 ^140,200, and in the four southern States is $5,623,100, and in the 
 eastern and middle States about $13,522,000. The profits of the bank in 
 1831, as shown in a statement to Congress, were about $3,455,598; of 
 this there accrued in the nine western States about $1,640,048, in the 
 four southern Slates about $352,507, and in the middle and eastern 
 Stales, about $1,463,041. As lillle stock is held in the west, it is obvi- 
 ous that the debt of the people in that section to the bank is principally a 
 
1832.] 
 
 235 
 
 debt to the eastern and foreign stockholders; that the interest thev nav 
 upon )t, IS earned into the eastern States and into Europe; and that it is 
 a burden upon their industry, and a drain of their currency, which no 
 country can bear without inconvenience, and occasional distress To 
 meet this burden, and equalize the exchange operations of the bank the 
 amount of specie drawn from those States, through its branches, wilhin 
 the last two years, as shown by its official reports, was about ft6,000 000 
 More than half a million of this amount does not stop in the eastern 
 States, but passes on to Europe, to pay the dividends to the foreiirn 
 stockholders. In the principle of taxation recognized by this act, the 
 western States find no adequate compensation for this perpetual burden 
 on their industry, and drain upon their currency. The branch bank at 
 Mobie made last year, $95,140; yet, under the provisions of this act, 
 tlie State ot Alabama can raise no revenue from these profitable ooera- 
 tions, because not a share of the stock is held by any of her citizens 
 Mississippi and Missouri are in the same condition in relation' to the 
 branches a Natches and St. Louis; and such, in a greater or less degree 
 IS the condition of every western State. The tendency of the plln of 
 taxation which this act proposes, will be to place the wholo United 
 States in the same relation to foreign countries which the western States 
 
 .f^b. f.K? rl'-"- ]^l^«"',by a tax on resident stockholders, the 
 stock of this bank is made worth ten or fifteen per cent, more to foreign- 
 ers than to residents, most of it will inevitably leave the country 
 
 Ihuswill this provision, in its practical effect, deprive the eastern 
 as well as the southern and western States, of the means of raisinga re- 
 
 Sfnn "?/, •ii''"f ''?!! °[ *""''""'' '"'^ 'he great profits of this in- 
 stitution It will make the American people debtors to aliens in near- 
 
 ^ot fiL^tr°""'/"''° '^'' '''"'^' ^""^ ^^""l ^'=^°^« *e Allan i^f^m 
 ?nLnIh rT "/'P?"'^ Z^'^ y^^""' *° P'^y the bank dividends. 
 
 »hi?™ . fl ° i ' ''*^""SS this provision is fraught with dan-er. Of 
 
 thetwenty.five directors of this bank, five are chosen by the Govern- 
 ment, and twenty by the 'citizen stockholders. From all voice inThese 
 elections the foreign stockholders are excluded by the charter C 
 proportion, therefore as the stock is transferred to foreign holders the 
 extent of sufi^rage in the choice of directors is curtailed. Already 
 IS almost a third of the stock in foreign hands, and not repre ented 
 in elec ions. It is constantly passing out of he country, '^ndtWs 
 act will accelerate its departure. The^enlire control of thj'institu ix.n 
 Tn^ i ""•{ '^'".'f° 'he hands of a few citizen stockhoders 
 lAt ease with which the object would be accomplished, .would 
 hLl TP""°" to designing men to secure that control in 1 leirown 
 ™iH ^. monopolising the remaining stock. There is danger Z" 
 a president and directors would then be able to elect themselves from 
 IZlrfk'"'^ T^r^ responsibility or control, manage he ^ 
 concerns of the bank during the existence of its charter It isersvto 
 conceive that great evils to our country audits institutions milhtibw 
 ^ SeVe°o";ir "°" °' P°-^^ ^» '^« '^-^^ °^ ^ fe "meTi^rLjr 
 
 Is there no danger to our liberty and independence in a bank that, in 
 
236 , [July, 
 
 its nature, has so little to bind it to our country? The president of the 
 bank has told us, that most of the State banks exist by its forbearance. 
 Should its influence become concentrated, as it may under the operation 
 #^0f such an act as this in the hands ot a self-elected director^y, whose in- 
 terests are identified with those of the foreign stockholder, w^ill there not 
 be cause to tremble for the purity of our elections in peace, and for the 
 inck^endence of our country in war? Their power would be great 
 wtfeni^ver they might choose to exert it; but if this monopoly were re- 
 gularly renewed every fifteen or twenty years, on terms proposed by 
 themselves, they might seldom in peace put forth their strength to in- 
 fluence elections or control the affairs of the nation. But if any private 
 citizen or public functionary should interpose to curtail its powers, or 
 prevent a renewal of its privileges, it cannot be doubted that he would 
 be made to feel its influence. 
 
 Should the stock of the bank principally pass into the hands of the 
 subjects of a foreign country, and we should unfortunately become in- 
 volved in a war wnth that country, what would be our condition? Of 
 the course which would be pursued b}^ a bank almost wholly owned by 
 the subjects of a foreign power, and managed by those whose interests, 
 if not affections, would run in the same direction, there can be no doubt. 
 All its operations within would be in aid of the hostile fleets and armies 
 without: controlling our currency, receiving our public moneys, and 
 holding thousands of our citizens in dependence, it would be more for- 
 midable and dangerous than the naval and military power of the enemy. 
 
 If we must have a bank with private stockholders, every considera- 
 tion of sound policy, and every impulse of American feeling, admonishes 
 that it should be purely Jlmerican. Its stockholders should be composed 
 exclusively of our own citizens, who at least ought to be friendly to our 
 government, and willing to support it in times of difficulty and danger. 
 So abundant is domestic capital, that competition in subscribing for the 
 stock of local banks has recently led almost to riots. To a bank exclu- 
 sively of American stockholders, possessing the powders and privileges 
 granted by this act, subscriptions for two hundred millions of dollars 
 could be readily obtained. Instead of sending abroad the stock of the 
 bank, in which"^the government must deposite its funds, and on which it 
 must rely to sustain its credit in times of emergency, it would rather seem 
 to be expedient to prohibit its sale to aliens, under penalty of absolute 
 forfeiture. 
 
 It is maintained by the advocates of the bank, that its constitutionality, 
 in all its features, ought to be considered as settled by precedent, and by 
 the decision of the Supreme Court. To this conclusion I cannot assent. 
 Mere precedent is a dangerous source of authority, and should not be 
 regarded as deciding questions of constitutional power, except where the 
 acquiescence of the people and the States can be considered as well-set- 
 tled. So far from this being the case on this subject, an argunaent against 
 the bank might be based on precedent. One Congress, in 1791, deci- 
 ded in favor of a bank; another, in Ibl I, decided against it. One Con- 
 gress, in 1815, decided against a bank; another, in 1816, decided in its 
 favor. Prior to the present Congress, therefore, the precedents drawn 
 
1832.] 237 
 
 from that source were equal. If we resort to the States, the expres- 
 sions of legislative, judicial, and executive opinions against the bank 
 have been, probably, to those in its favor, as four to one. — There is 
 nothing in precedent, therefore, which, if its authority were admitted 
 ought to weigh in favor of the act before me. 
 
 If the opinion of the Supreme Court covered the whole ground of this 
 act, it ought not to control the co-ordinate authorities of this Government. 
 The Congress, the Executive, and the Court, must each for itself be 
 guided by its own opinion of the Constitution. Each public officer who 
 takes- an oath to support the Constitution, swears that he will support it 
 as'he understands it, and not as it is understood by others. It is as much 
 the duty of the House of Representatives, of the Senate, and of the Pre- 
 sident, to decide upon the constitutionality of any bill or resolution which 
 may be presented to them for passage or approval, as it is of the Su- 
 preme Judges, when it may be brought before them for judicial decision. 
 The opinion of the judges has no more authority over Congress, than the 
 opinion of Congress has over the judges; and on that point, the President 
 is independent of both. The authority of the Supreme Court must not, 
 therefore, be permitted to control the Congress or the Executive, when 
 acting in their legislative capacities, but to have only such influence as the 
 force of their reasoning may deserve. 
 
 But, in the case relied upon, tiie Supreme Court have not decided that 
 all the features of this corporation are compatible with the constitution. 
 It is true, that the court have said, that the law incorporating the bank, 
 is a constitutional exercise of power by Congress. But taking into view 
 the whole opinion of the court, and the reasoning by which they have 
 come to that conclusion, I understand them to have decided, that, in- 
 asmuch as a bank is an appropriate means for carrying into effect the 
 enumerated powers of the General Government, therefore, the law in- 
 corporating it is in accordance with that provision of the constitution 
 which declares that Congress shall have power ''to make all laws which 
 shall be necessary and proper for carrying those powers into execution." 
 Having satisfied themselves, that the word "necessari/," in the constitu- 
 tion, means '■'• needful^'" '■'•i-equisile^'''^ '-^ essential^'''' '-'•conducive to,''^ and that 
 "a bank" is a convenient, a useful, and essential instrument in the pro- 
 secution of the Government's "fiscal operations," they conclude, that to 
 "use one must be within the discretion of Congress;" and, that, "the act 
 to incorporate the Bank of the United States, is a law made in pursu- 
 ance of the Constitution." "But," say they, '■'■where the law is not pro- 
 hibitedj and is really calculated to effect any of the objects entrusted to the 
 Government^ to undertake here to inquire into the degree of its necessity^ 
 ivould he to pass the line ivhich circumscribes the judicial department, and 
 to tread on legislative groundy 
 
 The principle here affirmed, is, that the "degree of its necessity," 
 involving all the details of a banking institution, is a question exclusively 
 for legislative consideration. A bank is constitutional; but it is the pro- 
 vince of the legislature to determine whether this or that particular pow- 
 er, privilege, or exemption, is "necessary and proper" to enable the 
 30 
 
238 [July, 
 
 bank to discharge its duties to the Government, and from their decision, 
 there is no appeal to the courts of justice. Under the decision of the 
 Supreme Court, therefore, it is the exclusive province of Congress and 
 the President to decide, whether the particular features of this act are 
 ^^necessary and proper,'^'* in order to enable the bank to perform conve- 
 niently and efficiently, the public duties assigned to it as a fiscal agent, 
 and therefore, constitutional, or unnecessary and improper^ and, there- 
 fore, unconstitutional. 
 
 Without commenting on the general principle affirmed by the Su- 
 preme Court, let us examine the details of this act, in accordance with the 
 rule of legislative action, which they have laid down. It will be found, 
 that many of the powers and privileges conferred on it, cannot be sup- 
 posed necessary for the purpose for which it is proposed to be created, 
 and are not, therefore, means necessary to attain the end in view, and 
 consequently, not justified by the constitution. 
 
 The original act of incorporation, section 21, enacts, "that no other 
 bank shall be established by any future law of the United States, during 
 the continuance of the corporation hereby created, for which the faith of 
 the United States is hereby pledged: Provided, Congress may renew 
 existing charters for banks within the District of Columbia, not increa- 
 sing the capital thereof; and may also establish any other bank or banks 
 in said District, with capitals not exceeding, in the whole, six millions of 
 dollars, if they shall deem it expedient." This provision is continued in 
 force by the act before me, fifteen years from the 3d of March, 1836. 
 
 If Congress possessed the power to establish one bank, they had power 
 to establish more than one, if, in their opinion, two or more banks had 
 been "necessary" to facilitate the execution of the powers delegated to 
 them in the Constitution. If they possessed the power to establish a 
 second bank, it was a power derived from the Constitution, to be exer- 
 cised from time to time, and at any time when the interests of the country, 
 or the emergencies of the Government might make it expedient. It was 
 possessed by one Congress as well as another, and by all Congresses 
 alike, and alike at every session. But the Congress of 1816 have taken 
 it away from their successors for twenty years, and the Congress of 1832 
 proposes to abolish it for fifteen years more. It caimot be '■'■necessary^'^ 
 or '-'-proper'^'' for Congress to barter away, or divest themselves, of any of 
 the powers vested in them by the constitution, to be exercised for the 
 public good. It is not ''hiecessary^^ to the efficiency of the bank, nor is 
 it ^^proper'^'' in relation to themselves and their successors. They may 
 properly use the discretion vested in them, but they may not limit the 
 discretion of their successors. This restriction on themselves, and grant 
 of a monopoly to the bank, is therefore unconstitutional. 
 
 In another point of view, this provision is a palpable attempt to amend 
 the constitution by an act of legislation. The constitution declares that 
 "the congress shall have power to exercise exclusive legislation in all 
 cases whatsoever," over the District of Columbia. Its constitutional pow- 
 er, therefore, to establish banks in the District of Columbia, and increase 
 their capital at will, is unlimited, and uncontrollable by any other power 
 than that which gave authority to the Constitution. Yet this act declares, 
 
1832.] 239 
 
 that Congress shall not increase the capital of existing banks, nor create 
 other banks with capitals exceeding in the whole six millions of dollars. 
 The Constitution declares, that Congress shall have power to exercise 
 exclusive legislation over this District "i?i all cases lohatsoever^V and this 
 act declare? they shall not. Which is the supreme law of the land? 
 This provision cannot be '•'■necessanf'^ or ^^proper"^"^ or ^^ constitutional,'^'' 
 unless the absurdity be admitted, that whenever it be "necessary and 
 proper" in the opinion of Congress, they have a right to barter away one 
 portion of the power, vested in them by the Constitution, as a means of 
 executing the rest. 
 
 On two subjects only does the constitution recognise in Congress the 
 power to grant exclusive privileges or monopolies. It declares that 
 "Congress shall have power to promote the progress 6f science and use- 
 ful arts, by securing, for limited times, to authors and inventors, the ex- 
 clusive right to their respective writings and discoveries." Out of this 
 express delegation of power, have grown our laws of patents and copy 
 rights. As the Constitution expressly^ delegates to Congress the power to 
 grant exclusive privileges in these cases, as the means of executing the 
 substantive power "to promote the progress of science and useful arts," 
 it is consistent with the fair rules of construction to conclude, that such 
 a power was not intended to be granted as a means of accomplishing any 
 other end. On every other subject which comes within the scope of 
 Congressional power, there is an ever living discretion in the use of pro- 
 per means, which cannot be restricted or abolished without an amend- 
 ment of the Constitution. Every act of Congress, therefore, which at- 
 tempts, by grants of monopolies, or sale of exclusive privileges for a 
 limited time, or a time without limit, to restrict, or extinguish its own 
 discretion in the choice of means to execute its delegated powers, is 
 equivalent to a legislative amendment of the constitution, and palpably 
 unconstitutional. 
 
 This act authorises and eno^iages transfers of its stock to foreigners, 
 and grants them an exemption from all State and national taxation. So 
 far from being '■^necessary and proper^'' that the bank should possess this 
 power, to make it a safe and efficient agent of the Government in its fis- 
 cal operations, it is calculated to convert the Bank of the United States 
 into a foreign bank, to impoverish our people in time of peace, to dissemi- 
 nate a foreign influence through every section of the Republic, and in war 
 to endanger our independence. 
 
 The several States reserved the power at the formation of the Consti- 
 tution, to regulate and control titles and transfers of real property; and 
 most, if not all of them, have laws disqualifying aliens from acquiring or 
 holding lands within their limits. But this act, in disregard of the un- 
 doubted, right of the States to prescribe such disqualifications, gives to 
 aliens, stockholders in this bank, an interest and title, as members of the 
 corporation, to all the real property it may acquire within any of the 
 States of this Union. This privilege granted to aliens is not ^hiecessary^^ 
 to enable the bank to perform its public duties, nor in any sense '^proper, ''^ 
 because it is vitally subversive of the rights of the States. 
 
 The Government of the United States have no constitutional power to 
 
240 ^ [July, 
 
 purchase lands within the States, except "for the erection of forts, maga- 
 zines, arsenals, dock yards, and other needful buildings," and even for 
 these objects onl}^ "by the consent of the legislature ot'tlie State in which 
 the same shall be." By making themselves stockholders in the bank, 
 and granting to the corporation the power to purchase lands for other 
 purposes, they assume a power not granted in the constitution, and grant 
 to others what they do not themselves possess. It is not necessary to the 
 receiving, safe keeping, or transmission of the funds of the Government, 
 that the bank should possess this power; and it is not 'proper that Con- 
 gress should thus enlarge the powers delegated to them in the Constitu- 
 tion. 
 
 The old Bank of the United States possessed a capital of only eleven 
 millions of dollars, which was found fully sufficient to enable it, with 
 despatch and safety, to perform all the functions required of it by the Go- 
 vernment. The capital of the present bank is thirty- five millions of dol- 
 lars, at least twenty-four more than experience has proved to be necessary 
 to enable a bank to perform its public functions. The public debt which 
 existed during the period of the old bank, and on the establishment of the 
 new, has been nearly paid off, and our revenue will soon be reduced. 
 This increase of capital is therefore not lor public, but for private pur- 
 poses. 
 
 The Government is the only "proper" judge where its agents should 
 reside and keep their offices, because it best knows where their presence 
 will be "necessary." It cannot, therefore, be '■'■necessary''^ or '■'■proper'''' 
 to authorise the bank to locate branches where it pleases, to perform the 
 public service, without consulting the Government, and contrary to its 
 will. The principle laid down by the Supreme Court concedes that 
 Congress cannot establish a bank for purposes of private speculation and 
 gain, but only as a means of executing the delegated powers of the Gen- 
 eral Government. By the same principle, a branch bank cannot consti- 
 tutionally be established for other iLan public purposes. The power 
 which this act gives to establish two branctiea in any State without the 
 injunction or request of the Government, and for other than public pur- 
 poses, is not '■'■necessary'''^ to the due execution of the powers delegated to 
 Congress. 
 
 The bonus which is exacted from the bank, is a confession, upon the 
 face of the act, that the powers granted by it are greater than are "weces- 
 sarj/" to its character of a fiscal agent. The Government does not tax its offi- 
 cers and agents for the privileges of serving it. The bonus of a million 
 and a half, required by the original charter, and that of three millions 
 proposed by this act, are not exacted for the privilege of giving "the ne- 
 cessary facilities for transferring the public funds from place to place, 
 within the United States or the Territories thereof, and for distributing the 
 same in payment of the public creditors, without charging commission or 
 claiming allowance on account of the difference of exchange," as requir- 
 ed by the act of incorporation; but for something more beneficial to the 
 stockholders. The original act declares, that it (the bonus) is granted 
 "in consideration of the exclusive privileges and benefits conferred by 
 this act upon the said bank;" and the act before me declares it to be "in 
 
1832.] 241 
 
 consideration of the exclusive benefits and privileges continued by this 
 act to the said corporation, for fifteen years as aforesaid." It is there- 
 fore, for "exclusive privileges and benefits," conferred for their own use 
 and emolument, and not for the advantage of the Government, that a bo- 
 nus is exacted. These surplus powers, for which the bank is required to 
 pay, cannot surely be '''■yiecessarif to make it the fiscal agent of the Treasury. 
 If they were,4he exaction of a bonus for them would not be '■'■proper ^ 
 
 It is maintained by some that the bank is a means of executing the con- 
 stitutional power "to coin money, and regulate the value thereof" Con- 
 gress have established a mint to coin money, and passed laws to regulate 
 the value thereof. The money so coined, with its value so regulated, 
 and such foreign coins as Congress may adopt, are the only currency 
 known to the Constitution. But if they have other power to regulate the 
 currency, it was conferred to be exercised by themselves and not to be 
 transferred to a corporation. If the bank be established for that pur- 
 pose, with a charter unalterable without its consent. Congress have part- 
 ed with their power for a term of years, during which the Constitution is 
 a dead letter. It is neither necessary nor proper to transfer its legislative 
 power to such a bank, and therefore unconstitutional. 
 
 By its silence, considered in connexion with the decision of the Su- 
 preme Court, in the case of McCuUoch against the State of Maryland, 
 this act takes from the States the power to tax a portion of the banking 
 business carried on within their limits, in subversion of one of the strong- 
 est barriers which secured them against federal encroachments. Bank- 
 ing, like farming, manufacturing, or any other occupation or profession, 
 is a business, the right to follow vdiich is not originally derived from the 
 laws. Every citizen, and every company of citizens, in all of our States, 
 possessed the right, until the State Legislatures deemed it good policy to 
 prohibit private banking by law. If the prohibitory State laws were now 
 repealed, every citizen would again possess the ri^ht. The State banks 
 are a qualified restoration of the right which has been taken away by the 
 laws against banking, guarded by such provisions and limitations as, in 
 the opinion of the State Legislatures, the public in'.erest requires. These 
 corporations, unless there be an exemption in theii' charter, are, like pri- 
 vate bankers and banking companies, subject to State taxation. The 
 manner in which these taxes shall be laid, depends wholly on legislative 
 discretion. It may be upon the bank, upon the slock, upon the profits, 
 or in any other mode which the sovereign power shall will. 
 
 Upon the formation of the constitution, the states guarded their taxing 
 power with peculiar jealousy. They surrendered it only as it regards 
 imports and exports. In relation to every other object within their juris- 
 diction, whether persons, property, business, or professions, it was secur- 
 ed in as ample a manner as it was before possessed. All persons, though 
 United States officers, are liable to a poll tax by the states within which 
 they reside. The lands of the United States are liable to the usual land 
 tax, except in the new States, from whom agreements that they will not 
 tax unsold lands, are exacted when they are admitted into the union: 
 horses, wagons, any beasts, or vehicles, tools, or property, belonging to 
 private citizens, though employed in the service of the United States, are 
 
242 ^ [July, 
 
 subject to Stale taxation. Every private business, wbetber carried on by 
 an officer of tlie General Government or not, whether it be mixed with 
 public concerns or not, even if it be carried on by the Government of the 
 United States itself, separately or in partnership, falls \vithin the scope 
 of the taxing power of the state. Nothing comes more fully within it 
 than banks and the business of banking, by whomsoev^er instituted and 
 carried on. Over this whole subject-matter, it is just as absolute, unlim- 
 ited, and uncontrollable, as if the constitution had never been adopted, 
 because in the formation of that instrument, it was reserved without 
 qualification. 
 
 The principle is conceded, that the states cannot rightfully tax the 
 operations of the General Government. They cannot tax the money of 
 the Government deposited in the State banks, nor tlie agency of those 
 banks in remitting it; but will any man maintain that their mere selection 
 to perform this public service for the General Government, would exempt 
 the State banks and their ordinary business from State taxation? Had 
 the Ilnited States, instead of establishing a bank at Philadelphia, employ- 
 ed a private banker to keep and transmit their funds, would it have de- 
 prived Pennsylvania of the right to tax his bank and his usual banking 
 operations? It will not be pretended. Upon what principle, then, are 
 the banking establishments of the Bank of the United States, and their 
 usual banking operations, to be exempted from taxation? It is not their 
 public agency, or the deposites of the government, which the States 
 claim a right to tax, but their banks and their banking powers, instituted 
 and exercised within State jurisdiction for their private emolument; those 
 powers and privileges for which they pay a bonus, and which the states 
 tax in their own banks. The exercise of these powers within a State, 
 no matter by whom or under what authority, whether by private citizens 
 in their original right, by corporate bodies created by the states, by for- 
 eigners or the agents of foreign governments located within their limits, 
 forms a legitimate ob'ect of State taxation. From this, and like sources, 
 from the persons, property, and business, that are found residing, located, 
 or carried on, under tleir jurisdiction, must the States, since the surrender 
 of their rights to raise a revenue from imports and exports, draw all the 
 money necessary for tie support of their Governments, and the mainte- 
 nance of their independence. There is no more appropriate subject of 
 taxation than banks, banking, and bank stocks, and none to which the 
 States ought more pertinaciously to cling. 
 
 It cannot be necessa:^y to the character of the bank, as a fiscal agent of 
 the Government, that its private business should be exempted from that 
 taxation to which all the State banks are liable; nor can I conceive it 
 "proper" that the substantive and most esrential powers reserved by the 
 States, shall be thus attacked and annihilated as .a means of executing 
 the powers delegated to the General Government. It may be safely as- 
 sumed, that none of those sages who had an agency in forming or adopt- 
 ing our Constitution, ever imagined that any portion of the taxing 
 power of the States, not prohibited to them nor delegated to Congress, 
 was to be swept away and annihilated as a means of executing certain 
 powers delegated to Congress. 
 
1832.] 243 
 
 If our power over means is so absolute, that the Supreme Court will 
 not call in question the constitutionality of an act of Congress, the sub- 
 ject of which "is not prohibited, and is really calculated to effect any of 
 the objects entrusted to the Government," although, as in the case before 
 me, it takes away powers expressly granted to Congress, and rights scru- 
 pulously reserved to the Slates, it becomes us to proceed incur legisla- 
 tion with the utmost caution. Though not directly, our own powers, 
 and the rights of the states, may be indirectly legislated away in the use 
 of means to execute substantive powers. We may not enact that Con- 
 gress shall not have the power of exclusive legislation over the District 
 of Columbia, but we may pledge the faith of the United States that as a 
 means of executing other powers, it shall not be exercised for twenty 
 years or for ever. We may not pass an act prohibiting the States to tax 
 the bankmg business carried on within their limits; "but we may, as a 
 means of executiiig our powers over other objects, place that business in 
 the hands of our agents, and then declare it exempt from State taxation 
 m their hands. Thus may our own powers and the rights of the States, 
 which we cannot directly curtail or invade, be frittered away and extin- 
 guished in the use of means employed by us to execute other powers. 
 That a Bank of the United States, competent to all the duties which may 
 required by the Government, might be so organized as not to infringe on be 
 our own delegated powers or the reserved rights of the States, I do not 
 entertain a doubt. Had the Executive been called upon to furnish the 
 project of such an institution, the duty would have been cheerfully per- 
 formed. In the absence of such a call, it is obviously proper that he 
 should confine himself to pointing out those prominent features in the 
 act presented, which, in his opinion, make it incompatible with the con- 
 stitution and sound policy. A general discussion will now take place, 
 eliciting new light, and settling important principles; and a new Congress, 
 elected in the midst of such discussion, and furnishing an equal represent- 
 ation of the people according to the last census, will bear to the Capitol 
 the verdict of public opinion, and, I doubt not, bring this important ques- 
 tion to a satisfactory result. 
 
 Under such circumstances, the Bank comes forward and asks for a re- 
 newal of its charter for a term of fifteen years, upon conditions which not 
 only operates as a gratuity to the stockholders of many millions of dollars, 
 but will sanction any abuses and legalize any encroachments. 
 
 ^ Suspicions are entertained and charges are made of gross abuses and 
 violation of its charter. An investigation unwillingly conceded, and so 
 restricted in time, as necessarily to make it incomplete and unsatisfactory, 
 discloses enough to excite suspicion and alarm. In the practices of the 
 principal bank, partially unveiled, in the absence of important witnesses, 
 and in numerous charges confidently made, and as yet wholly uninvesti- 
 gated, there was enough to induce a majority of the Committee of Inves- 
 tigation; a committee which was selected from the most able and honor- 
 able members of the House of Representatives, to recommend a suspen- 
 sion of further action upon the bill, and a prosecution of the inquiry. As 
 the charter had yet four years to run, and as a renewal now was not ne- 
 cessary to the successful prosecution of its business, it was io have been 
 
244 [July, 
 
 expected that the bank itself, conscious of its purity, and proud of its 
 character, would have withdrawn its application for the present, and de- 
 manded the severest scrutiny into all its transactions. In their declining 
 to do so, there seems to be an additional reason why the functionaries of 
 the Government should proceed with less haste, and more caution, in the 
 renewal of their monopoly. 
 
 The bank is professedly established as an agent of the executive 
 branches of the Government, and its constitutionality is maintained on that 
 ground. Neither upon the propriety of present action, nor upon the 
 provisions of this act, was the Executive consulted. It has had no op- 
 portunity to say that it neither needs nor wants an agent clothed with 
 such powers, and favored by such exemptions. Tiiere is nothing in its 
 legitimate functions which make it necessary or proper. AMiatever in- 
 terest or influence, whether public or private, has given birth to this act, 
 it cannot be found either in the wishes or necessities of the executive 
 department, by which present action is deemed premature, and the pow- 
 ers conferred upon its agent not only unnecessary, but dangerous to the 
 Government and country. 
 
 It is to be regretted that the rich and powerful too often bend the acts 
 of government to their selfish purposes. Distinctions in society will 
 always exist under every just government. Equality of talents, of edu- 
 cation, or of wealth, cannot be produced by human institutions. In the 
 full enjoyment of the gifts of Heaven and the frwits of superior industr}^, 
 economy and virtue, every man is equally entitled to protection by law. 
 But when the laws undertake to add to these natural and just advantages, 
 artificial distinctions, to grant titles, gratuities, and exclusive privileges, 
 to make the rich richer, and the potent more powerful, the humble mem- 
 bers of society, the farmers, mechanics, and laborers, who have neither 
 the time nor the means of securing like favors to themselves, have a right 
 to complain of the injustice of their government. There ai-e no neces- 
 sary evils in government. Its evils exist only in its abuses. If it would 
 confine itself to equal protection, and, as Heaven does its rains, shower 
 its favors alike on the high and the low, the rich and the poor, it would 
 be an unqualified blessing. In the act before me, there seems to be a 
 wide and unnecessary departure from these just principles. 
 
 Nor is our Government to be maintained, or our union preserved, by 
 invasions of the rights and powers of the several States In thus attempt- 
 ing to make our General Government strong, we make it weak. Its true 
 strength consists in leaving individuals and States, as much as possible, to 
 themselves; in making itself felt, not in its power, but in its beneficence; 
 not in its control, but in its protection; not in binding the states more 
 closely to the centre, but leaving each to move, unobstructed, in its 
 proper orbit. 
 
 Experience should teach us wisdom. Most of the difliculties our 
 Government now encounters, and most of the dangers which impend over 
 our Union, have sprung from an abandonment of the legitimate objects of 
 Government by our national legislation, and the adoption of such princi- 
 ples as are embodied in this act. Many of our rich men have not been 
 content with equal protection and equal benefits, but have besought us to 
 
1832] 
 
 245 
 
 make them richer by act of Congress. By attempting to gratify their 
 desires, we have, in the results of our legislation, arrayed section against 
 section, interest against interest, and man against man, in a fearful com- 
 motion which threatens to shake the foundations of our union. It is time 
 to pause in our career, to review our principles, and, if possible, revive 
 that devoted patriotism and spirit of compromise which distinguished the 
 sages of the revolution, and the fathers of our Union. If we cannot at 
 once, in justice to interests vested under improvident legislation, make 
 our Government what it ought to be, we can, at least, take a stand against 
 all new grants of monopolies and exclusive privileges, against any pros- 
 titutionjof our Government to the advancement of the few at the expense 
 of the many, and in favor of compromise and gradual reform in our code 
 of laws and system of political economy. 
 
 I have now done my duty to my country. If sustained by my fellow- 
 citizens, I shall be grateful and happy; if not, I shall find in the motives 
 which impel me, ample grounds for contentment and peace. In the dif- 
 ficulties which surround us, and the dangers which threaten our institu- 
 tions, there is cause for neither dismay nor alarm. For relief and deliv-. 
 erance, let us firmly rely on that kind Providence which, I am sure, 
 watches, with peculiar care, over the destinies of our Republic, and on 
 the intelligence and wisdom of our countrymen. Through His abundant 
 goodness and their patriotic devotion, our liberty and Union will be pre- 
 served. 
 
 ANDREW JACKSON. 
 
 WASHINGTON, July 10, 1832. 
 
 31 
 
PROTEST 
 
 OF THE 
 
 President of the United l§tates, 
 
 COMMUNICATED APRIL 17, 1834. 
 
PROTEST 
 
 TO 
 
 THE SENATE. 
 
 THURSDAY, APRIL 17, 1834 
 
 To the Senate of the United States: 
 
 It appears by the published journal of the Senate, that on the 26th of 
 December last, a resolution was offered by a niember of the Senate, 
 which, after a protracted debate, was on the 28th day of March last, 
 modified by the mover, and passed by the votes of twenty-six, Sen- 
 ators out of forty-six* who were present and voted, in the following 
 words, viz. 
 
 "Resolved, That the President, in the late Executive proceedings 
 in relation to the public revenue, has assumed upon himself authority and 
 j)Ower not conferred by the Constitution and laws, but in derogation of 
 both." 
 
 Having had the honor, through the voluntary suffrages of the Ameri- 
 can people, to fill the office of the President of the United States during 
 the period which may be presumed to have been referred to in this 
 resolution, it is sufficiently evident that the censure it inflicts was intend- 
 ed for myself. Without notice, unheard and untried, I thus find myself 
 charged on the records of the Senate, and in a form hitherto unknown 
 
 * Yeas — Messrs, Bibb, Black, Calhoun, Clay, Clayton, Evving, Fre- 
 linghuysen, Kent, Knight, Leigh, Mangum, Naudain, Poindexter, Porter, 
 Prentiss, Preston, Robbins, Silsbee, Smith, Southard, Sprague, Swift, 
 Tomlinson, Tyler, Waggaman, Webster, 26. 
 
 Nays — Messrs. Benton, Brown, Forsyth, Grundy, Hendricks, Hill, 
 Kane, King, of Ala., King, ofGa., Linn, McKean, Moore, Morris, Rob- 
 inson, Shepley, Tallmadge, Tipton, White, Wilkins, Wright, 20. 
 
250, [April, 
 
 in our history, with the high crime of violating the laws and Constitution 
 of my country. 
 
 It can seldom be necessary for any department of the Government, 
 when assailed in conversation, or debate, or by the strictures of the press 
 or of popular assemblies to step out of its ordinary path for the purpose 
 of vindicating its conduct, or of pointing out any irregularity or injustice 
 in the manner of the attack. But when the chief Executive Magistrate 
 is, by one of the most important branches of the Government, in its of- 
 ficial capacity, in a public manner, and by its recorded sentence, but 
 without precedent, competent autlioiity, or just cause, declaied guilty of 
 a breach of the laws and Constitution, it is due to his staiion, to public 
 opinion, and to a proper self respect, that the officer thus denounced 
 should promptly expose the wrong which lias been done. 
 
 In the present case, m.oreover, there is even a stronger necessity for 
 such a vindication. By an express provision of the Constitution, before 
 the President of the United States can enter on the execution of his 
 office, he is required to take an oath or affirmation in the following 
 words: 
 
 "I do solemnly swear, (or affirm) that I will faithfully execute the of- 
 fice of President of the United States; and will, to the best of my ability, 
 preserve, protect, and defend, the Constitution of the United States." 
 
 The duty of defending, so far as in him lies, the integrity of the Con- 
 stitution, would indeed have resulted from the very nature of his office; 
 but by thus expressing it in the official oath or affirmation, which, in 
 this respect, differs from that of every other functionary, the founders of 
 our Republic have attested their sense of its importance, and have given 
 to it a peculiar solemnity and force. Bound to the performance of this 
 duty by the oath I have taken, by the strongest obligations of gratitude 
 to the American people, and by the ties which unite my every earthly 
 interest with the welfare and glory of my country, and perfectly convin- 
 ced that the discussion and passage of the above mentioned resolution 
 were not only unauthorized by the Constitution, but in many respects 
 repugant to its provisions and subversive of the rights secured by it to 
 other co-ordinate departments, I deem it an imperative duty to maintain 
 the supremacy of that sacred instrument, and the inmiunities of the de- 
 partment entrusted to my care, by all means consistent with my own law- 
 ful powers, with the rights of others, and with the genius of our civil 
 institutions. To this end, I have caused this, my solemn protest against 
 the aforesaid proceedings, to be placed on the files of the Executive De- 
 partment, and to be transmitted to the Senate. 
 
 It is alike due to the subject, the Senate, and the People that the 
 views which I have taken of tlie proceedings referred to, and which 
 compel me to regard them in the light that has been mentioned, should 
 be exhibited at length, and with the freedom and firmness which are re- 
 quired by an occasion so unprecedented and peculiar. 
 
 Under the Constitution of the United States, the powers and func- 
 tions of the various departments of the Federal Government, and their 
 responsibilities for violation or neglect of duty, are clearly defined or 
 result by necessary inference. The Legislative power, subject to the 
 
1834.] 251 
 
 qualified negative of the President, is vested in the Congress of the 
 United States, composed of the Senate and House of Representatives. 
 The Executive power is vested exclusively in the President, except 
 that in the conclusion of treaties in certain appointments to office, he 
 is to act with the advice and consent of the vSenate. The^ Judicial 
 power is vested exclusively in the Supreme and other courts of the 
 United States, except in cases of impeachment, for which purpose the 
 accusatory power is vested in the House of Representatives, and that 
 of hearing and determining, in the Senate. But although for the special 
 purposes which have been irentioned, there is an occasional intermixture 
 of the powers of the different departments, yet with these exceptions, 
 each of the three great departments is independent of the others in its sphere 
 of action; and when it deviates from that sphere, is not responsible to the 
 others, further than it is expressly made so in the Constitution. In every 
 other respect, each of them is the coequal of the other two, and all are 
 the servants of the American people, without power or right to control 
 or censure each other in the service of their common superior, save only 
 in the manner and to the degree which that superior has prescribed. 
 
 The responsibilities of the President are numerous and weighty. He 
 is liable to impeachment for high crimes and misdemeanors, and, on 
 due'conviction, to removal from office, and perpetual disqualification; and 
 notwithstanding such conviction, he may also be indicted and punished 
 according to law. He is also liable to the private action of any party 
 who may have been injured by his illegal mandates or instructions, in the 
 same nianner and to the same extent as the humblest functionary. In 
 addition to the responsibilities which may thus be enforced by impeach- 
 ment, criminal prosecution, or suit at law, he is also accountable at the 
 bar of public opinion, for every act of his administratiou. Subject only 
 to the restraints of truth and justice, the free people of the United 
 States have the undoubted right, as individuals or collectively, orally, 
 or in writing, ai such times, and in such language and form as they may 
 think proper, to discuss his official conduct, and to express and promul- 
 gate their opinions concerning it. Indirectly, also, his conduct may come 
 under review in either branch of the Legislature, or in the Senate when 
 acting in its Executive capacity, and so far as the executive or legislative 
 proceedings of these bodies may require it, it may be examined by them. 
 These are believed to be the proper and only modes, in which the 
 President of the United State is to be held accountable for his official 
 conduct. 
 
 Tested by these principles, the resolution of the Senate is wholly un- 
 authorized by the Constitution, and in derogation of its entire spirit. It 
 assumes that a single branch of the Legislative Department, may, for the 
 purposes of a public censure, and without any view to Legislation or im- 
 peachment, take up, consider, and decide, upon the official acts of the 
 Executive. But in no part "of the Constitution is the President subjected 
 to any such responsibility; and in no part of that instrument is any such 
 power conferred on either branch of the Legislature. 
 
 The justice of these conclusions will be illustrated and confirmed by a 
 
252 [April, 
 
 brief analysis of tlie powers of the Senate, and a comparison of their re- 
 cent proceedings with those powers. 
 
 The high functions assigned by the Constitution to the Senate, are in 
 their nature either legislative, executive or judicial. It is only in the 
 exercise of its judicial powers, when sitting as a court for the trial of 
 impeachments, that the Senate is expressly authorized and necessarily 
 required to consider and decide upon the conduct of the President, or 
 any other publicofficer. Indirectly, however, as has already been suggested 
 it may frequently be called on to perform that office. Cases may occur 
 of its legislative or executive proceedings, in which it may be indis- 
 pensable to the proper exercise of its powers, that it should inquire into 
 and decide upon the conduct of the President, or other public officers; 
 and in every such case, its constitutional right to do so is cheerfully con- 
 ceded. But to authorize the Senate to enter on such a task in its legis 
 lative or executive capacity, the inquiry must actually grow out of and 
 tend to some legislative or executive action; and the decision, when 
 expressed, must take the form of some appropriate legislative or execu- 
 tive act. 
 
 The resolution in question was introduced, discussed, and passed, not 
 as a joint, but as a separate resolution. It asserts no legislative power, 
 proposes no legislative action; and neither possesses the form nor any 
 of the attributes of a legislative measure. It does not appear to have 
 been entertained or passed, with any view or expectation of its issuing 
 in a law or joint resolution, or in the repeal of any law or joint resolu- 
 tion, or in any other legislative action. 
 
 Whilst wanting both the form and substance of a legislative measure, 
 it is equally manifest, that the resolution was not justified by any of the 
 executive powers conferred on the Senate. These powers relate ex- 
 clusively to the consideration of treaties and nominations to office; and 
 they are exercised in secret session, and with closed doors. This reso- 
 lution does not apply to any treaty or nomination, and was passed in a 
 public session. 
 
 Nor does this proceeding in any way belong to that class of inciden- 
 tal resolutions which relate to the officers of the Senate, to their cham- 
 ber, and other appurtenances, or to subjects of order, and other matters 
 of the like nature — in all which either house may lawfully proceed, with- 
 out any co-operation with the other, or with the President. 
 
 On the contrary, the whole phraseology and sense of the resolution 
 seem to be judicial. Its essence, true character, and only practical ef- 
 fect, are to be found in the conduct which it charges upon the President, 
 and in the judgment which it pronounces on that conduct. The resolu- 
 tion, therefore, though discussed and adopted by the Senate in its legis- 
 lative capacity, is, in its office, and in its characteristics, essentially 
 judicial. 
 
 That the Senate possesses a high judicial power, and that instances 
 may occur in which the President of the United States will be amena- 
 ble to it, is undeniable. But under the provisions of the Constitution, it 
 \'\ould seem to be equally plain that neither the President nor any other 
 ^ officer can be rightfully subjected to the operation of the judicial power 
 
1834.] 253 
 
 of the Senate, except in the cases and under the forms prescribed by the 
 Constitution. 
 
 The Constitution declares that "the President, Vice President, and all 
 civil officers of the United States, shall be removed from office on im- 
 peachment for, and conviction of treason, bribery, or other liigh crimes 
 and misdemeanors" — that the House of Representatives "shall have the 
 sole power of impeachment" — that the Senate "shall have the sole power 
 to try all impeachments" — that "when sitting for that purpose, they shall 
 be on oath or affirmation"— that "^when the President of the United 
 States is tried, the Chief Justice shall preside" — that "no person shall be 
 convicted without the concurrenceof two-thirds of the members present" 
 — and that "judgment shall not extend further than to removal from office, 
 and disqualification to hold and enjoy any office of honor, trust, or profit, 
 under the United States." 
 
 The resolution above quoted, charges in substance, that in certain pro- 
 ceedings relating to the public revenue, the President has usurped .autho- 
 rity and power not conferred upon him by the Constitution and laws, and 
 that in doing so he violated both. Any such act constitutes a high crime 
 — one of the highest, indeed, which the President can commit — a crime 
 w-hich justly exposes him to impeachment by the House of. Representa- 
 tives, and upon due conviction, to removal from office, and to the com- 
 plete and immutable disfranchisement prescribed by the Constitution. 
 
 The resolution, then, was in substance an impeachment of the Presi- 
 dent; and in its pasi^age, amounts to a declaration by a majority of the 
 Senate, that he is guilty of an impeachable offence. As such, it is spread 
 upon the journals of the Senate — published to the nation and to the world 
 — made part of our enduring archives — and incorporated in the history 
 of the age. The punishment of removal from office and future disqualifi- 
 cation, does not, it is true, follow this decision; nor would it have follow- 
 ed the like decision, if the regular forms of proceeding had been pursued, 
 because the requisite number did not concur in the result. But the mo- 
 ral influence of a solemn declaration, by a majority of the Senate, that the 
 accused is guilty of the offence charged upon him, has been as effectu- 
 ally secured, as if the like declaration had been made upon an impeach- 
 ment expressed in the same terms. Indeed, a greater practical effect has 
 been gained, because the votes given for the resolution, though not suffi- 
 cient to authorise a judgment of guilty on an impeachment, were numer- 
 ous enough to carry that resolution. 
 
 That the resolution does not expressly allege that the assumption of 
 power and authori.t^, which it condemns, was intentional and corrupt, is 
 no answer to the preceding view of its character and effect. The act 
 thus condemned, necessarily implies volition and design in the individual 
 to whom it is imputed, and being unlawful in its character, the legal con- 
 clusion is, that it was prompted by improper motives, and committed 
 with an unlawful intent. The charge is not of a mistake in the exercise 
 of supposed powers,' bat of the assumption of powers not conferred by 
 the Constitution and laws, but in derogation of both, and nothing is sug- 
 gested to excuse or palliate the turpitude of the act. In the "absence of 
 32 
 
254 [April, 
 
 any such excuse or palliation, there is only room for one inference; and 
 that is, that the intent was unlawful and corrupt. Besides, the resolution 
 not only contains no mitigating suggestion, but on the contrary, it holds 
 up the act complained of, as justly obnoxious to censure and reproba- 
 tion: and thus as distinctly stamps it with impurity of motive, as if the 
 strongest epithets had been used. 
 
 The President of the United States, therefore, has been, by a majority 
 of his constitutional triers, accused and found guilty of an impeachable 
 offence: but in no part of this proceeding have the directions of the Con- 
 stitution been observed. 
 
 The impeachment, instead of being preferred and prosecuted by the 
 House of Representatives, originated in the Senate, and was prosecuted 
 "without the aid or concurrence of the other House. The oath or affirm- 
 ation prescribed by the Constitution, was not taken by the Senators; the 
 Chief Justice did not preside; no notice of the charge was given to the 
 accused; and no opportunity afforded him to respond to the accusation, 
 to meet his accusers face to face, to cross examine the witnesses, to pro- 
 cure counteracting testimony, or to be heard in his defence. The safe- 
 guards and formalities which the Constitution has connected with the 
 power of impea«hment were doubtless supposed, by the framers of that 
 instrument to be essential to the protection of the public servant, to the 
 attainment of justice, and to the order, impartiality, and dignity of the 
 procedure. These safe guards and formalities were not only practically 
 disregarded in the commencement and conduct of these proceedings, but 
 in their result, I find myselfconvictedbyless than two thirds of the mem- 
 bers present, of an impeachable offence. 
 
 In vain may it be alleged in defence of this proceeding, that the form 
 of the resolution is not that of an impeachment, or of a judgment there- 
 upon; that the punishmeut prescribed in the Constitution does not follow 
 its adoption, or that in this case, no impeachment is to be expected from 
 the House of Representatives. It is because it did not assume the form 
 of an impeachment, thai it is the more palpably repugnant to the Consti- 
 tution; for it is through that form only that the President is judicially re- 
 sponsible to the Senate; and though neither removal from office nor fu- 
 ture disqualification ensues, yet it is not to be presumed, that the framers 
 of the Constitution considered either or both of those results, as consti- 
 tuting the whole of the punishment they prescribed. The judgment of 
 guilty by the highest tribunal in the Union; the stigma it would inflict on 
 the offender, his family and fame; and the perpetual record on the jour- 
 nal, handing down to future generations the story of his disgrace, were 
 doubtless regarded by them as the bitterest portions, if not the very es- 
 sence of that punishment. So far, therefore, as some of its most material 
 parts are concerned, tlie passage, recording, and promulgation of the re- 
 solution, are an attempt to bring them on the President, in a manner un- 
 authorized by the Constitution. 
 
 To shield him, and other officers, who are liable to impeachment, from 
 consequences so momentous, except when really merited by official de- 
 linquencies, the Constitution has most carefully guarded the whole pro- 
 cess of impeachment. A majority of the House of Representatives, must 
 
1834.] 255 
 
 think the officer guilty, before he can be charged. Two-thirds of the 
 Senate must pronounce him" guilty, or he is deemed to be innocent. 
 Forty-six Senators appear by ihe journal to have been present when the 
 vote on the resolution was taken. If, alter all (he solemnities of an im- 
 peachment, thirty of tliose Senators had voted that the President was 
 guilty, yet would he have been acquitted; but I)y the mode of proceed- 
 ing adopted in the present case, a lasting record of conviction has been 
 entered up by the votes of tweiiiy-six Senators, without an impeachment 
 or trial; whilst the Constiiution expressly declnres that to the entry of 
 such a jud-ment, an accusation by the House of Representatives, a trial 
 by the Senate, and a concurrence of two-thirds in the vote of guilty, shall 
 be indespensable prerequisites. 
 
 Whether or not an impeachment was to be expected from the House 
 of Representatives, was a point on which the Senate had no constitution- 
 al right to speculate, and in respect to which, even had it possessed the 
 spirit of prophecy, its anticipations would have furnished no just grounds 
 for this procedure. Admitting that there was reason to believe that a 
 violation of the Constitution and laws had been actually committed by the 
 President, still it was the duty of the Senate, as his sole constitutional 
 judges, to wait for an impeachment until the other House should think 
 proper to prefer it. The members ol the Senate could have no right to 
 infer that no impeachment was intended. On the contrary, every°leo-al 
 and rational presumption on their part ought to have been, that if there 
 was good reason to believe him guilty of an impeachable offence, the 
 House of Representatives would perform its constitutional duty, by ar- 
 raigning the offender before the justice of his country. The contrary 
 presumption would involve an implication derogatory to the integrity and 
 honor of the Representatives of the People. But suppose the s'uspicion 
 thus implied were actually entertained, and for good cause, how can it 
 justify the assumption by the Senate of powers not conferred by the Con- 
 stitution.? 
 
 It is only necessary to look at the condition in which the Senate and 
 the President have been placed by this proceeding, to perceive its utter 
 incompatibility with the provisions and the spirit of the Constitution, and 
 with the plainest dictates of humanity and justice. 
 
 If the House of Representatives shall be of opinion that there is just 
 ground tor the censure pronounced upon the President, then will it be 
 the solemn duty of that House to prefer the proper accusation, and to 
 cause him to be brought to trial by the constitutional tribunal. But in 
 what condition would he find that tribunal.? A majority of its members 
 have already considered the case, and have not only formed but express- 
 ed a deliberate judgment upon its merits. It is the policy of our benign 
 systems of jurisprudence, to secure, in ail criminal proceedings, and even 
 in the most trivial litigation, a fair, unprejudiced, and impartial trial. 
 And surely it cannot be less important that such a trial should be secured 
 to the highest officer of the Government. 
 
 The Constitution makes the House of Representatives the exclusive 
 judges, in the first instance, of the question whether the President has 
 committed an impeachable offence. A majority of the Senate, whose 
 
266 [April, 
 
 interference with this preliminary question, has, for the best of all rea- 
 sons, been studiously excluded, anticipate the action of the House of Rep- 
 resentatives, assume not only the function which belongs exclusively to 
 that body, but convert themselves into accusers, witnesses, counsel, and 
 judges, and prejudge the whole case. Thus presenting the appalling 
 spectacle, in a free state, of judges going through a labored preparation 
 for an impartial hearing and decision, by a previous ex parte investiga- 
 tion and sentence against the supposed offender. 
 
 There is no more settled axiom in that government whence we deri- 
 ved the model of this part of our Constitution than, that "the Lords cannot 
 impeach any to themselves, nor join in the accusation, tccawse they are 
 judges.^^ Independently of the general reasons on which <his rule is 
 founded, its propriety and importance are greatly increased by the na- 
 ture of the impeaching power. The power of arraigning the high of- 
 ficers of Government, before a tribunal whose sentence may expel them from 
 their seats and brand them as infamous is, eminently a popular remedy — a 
 remedy designed to be employed for the protection of private right and pub- 
 lic liberty, against the abuses of injustice and the encroachments of arbi- 
 tary power. But the framers of the Constitution were also undoubtedly 
 aware, that this formidable instrument had been, and might be abused: 
 and that from its very nature, an impeachment for high crimes and mis- 
 demeanors, whatever might be its result, woi;ld in most cases be accom- 
 panied by so much of dishonor and reproach, solicitude and suffering, as 
 to make the power of preferring it, one of the highest solemnity and im- 
 portance. 
 
 It was due to both these considerations, that the impeaching power 
 should be lodged in the hands of those, who, from the mode of their elec- 
 tion and the tenure of their offices, would most accurately express 
 the popular will, and at the same time be most directly and speedily 
 amenable to the people. The theory of these wise and benignant inten- 
 tions, is, in the present case, effectually defeated by the proceedings of 
 the Senate. The members of that body represent, not the people, but 
 the States; and though they are undoubtedly responsible to the States, 
 yet, from their extended term of service, the effect of that responsibility, 
 during the whole perioJ of that term, must very much depend upon their 
 own impressions of its obligatory force. When a body, thus constituted, 
 expresses, before hand, its opinion in a particular case, and thus indi- 
 rectly invites a prosecution, it not only assumes a power intended for 
 wise reasons to be confined to others, but it shields the latter from that 
 exclusive and personal responsibility under which it was intended to be 
 exercised, and reverses the whole scheme of this part of the Constitution. 
 
 Such would be some of the objections to this procedure, even if it were 
 admitted that there is just ground for imputing to tlie President, the offen- 
 ces charged in the resolution. But if on the other hand, the House of 
 Representatives shall be of opinion that there is no reason for charg- 
 ing them upon him, and shall therefore deem it improper to prefer an 
 impeachment, then will the violation of privilege as it respects that 
 house, of justice as it regards the President, and of the Constitution as 
 it relates to both, be only the more conspicuous and impressive. 
 
1834.] 257 
 
 The Constitutional mode of procedure on an impeachment has not 
 only been wholly disregarded, but some of the first principles of natural 
 right and enlightened jurisprudence have been viola'ed in the very form 
 of the resolution. It carefully abstains from averring in wliich of 'Hhe 
 late proceedings in relation to the public revenue, the President has as- 
 sumed upon himself authority and power not conferred by the Constitu- 
 tion and laws." It carefully 'abstains from specifying ichat laics or tchat 
 parts o^ \he Constitution have been violated. Why was not the certainty 
 of the offence "the nature and cause of the accusation" set out in the 
 manner required in the Constitution, before even the humblest individual, 
 for the smallest crime, can be exposed to condemnation? Such a spe- 
 cification was due to the accused, that he might direct his defence to the 
 real points of attack; to the people, that they might clearly understand 
 in what particular their institutions had been violated; and to the truth 
 and certainty of our public annals. As the record now stands, whilst 
 the resolution plainly charges upon^the President at least one act of 
 usurpation in "the late executive proceedings in relation to the public 
 revenue," and is so framed that those Senators who believed that one 
 such act, and only one, had been committed could assent to it; its Ian-* 
 guage is yet broad enough to include several such acts, and so it may 
 have been regarded by some of those who voted for it. 
 
 But though the accusation is thus comprehensive in the censures it 
 applies, there is no such certainty of time, place, or circumstance, as to 
 exhibit the particular conclusion of fact or law which induced any one 
 Senator to vote for it. And it may well have happened, that whilst one 
 Senator believed that some particular act embraced in the resolution, was 
 an arbitrary and unconstitutional assumption of power, others of the ma- 
 jority may have deemed that every act both constitutional and expedient, 
 or if not expedient, yet still within the pale of the Constitution. And thus 
 a majority of the Senators may have been enabled to concur, in a vague 
 and undefined accusation, "that the President, in the course of the late 
 executive proceedings in relation to the public revenue," had violated the 
 Constitution and laws, whilst, if a separate vote had been taken in respect 
 to each particular act included within the general terms, the accusers 
 of the President might, on any such vote, have been found in the minority. 
 
 Still further to exemplify this feature of the proceedings, it is impor- 
 tant to be remarked, that the resolution, as originally offered to the Senate, 
 specified with adequate precision certain acts of the President, w^hich 
 it denounced as a violation of the Constitution and laws; and that it was 
 not until the very close of the debate, and when, perhaps, it was appre- 
 hended that a majority might not sustain the specific accusation contained 
 in it, that the resolution was so modified as to assume its present form. 
 A more striking illustration of the soundness and necessity of the rules 
 which forbid vague and indefinite generalities and require a reasonable 
 certainty in all judicial allegation and a more glaring instance of the 
 violation of those rules, has seldom been exhibited. 
 
 In this view of the resolution it must certainly be regarded, not as a 
 vindication of any particular provision of the law, or the Constitution, but 
 simply as an official rebuke or condemnatory sentence, too general and in- 
 
258 V [April, 
 
 definite to be easily repelled, but yet sufficiently precise to bring into 
 discredit the conduct and motives of the executive. But whatever it 
 may have been intended to accomplisli, it is obvious that the vague, gen- 
 eral, and abstract form of the resolution, is in perfect keeping with those 
 other departures from first principles and settled improvements in juris- 
 prudence, so properly tlie boast of free countries in modern times. And 
 it is not too much to say, of the whole of these proceedings, that if 
 they shall be approved and sustained by an intelligent people, then will 
 that great contest with aibitrary power, which had established in statutes, 
 in bills of rights, in sacred charters, and in Constitutions of Government, 
 the right of every citizen, to a notice before -trial, to a hearing before 
 conviction, and to an impartial tribunal for deciding on the charge, have 
 been waged in vain. 
 
 If the resolution had been left in its original form, it is not to be pre- 
 sumed that it could ever have received the assent of a majority of 
 the Senate, for the acts therein specified as violations of the Constitution 
 and laws, were clearly within the limits of the executive authority. They 
 are the "dismissing the late Secretary of the Treasury, because he would 
 not, contrary to his sense of his own duty, remove the money of the 
 United States in deposite with the Bank of the United States and its 
 branches, in conformity with the President's opinion; and appointing 
 his successor to effect such removal, which has been done." But as no 
 other specification has been substituted, and as these were the "execu- 
 tive proceedings in relation to the public revenue," principally referred 
 to in the course of the discussion, they will doubtless be generally re- 
 garded as the acts intended to be denounced as "an assumption of authori- 
 ty and power not conferred by the Constitution or laws, but in deroga- 
 tion of both." It is therefore due to the occasion that a condensed sum- 
 mary of the views of the executive in respect to them, should be here 
 exhibited. 
 
 By the Constitution, "the executive powerjs vested in a President of 
 the United States." Among the duties imposed upon him, and which 
 he is sworn to perform, is that of "taking care that the laws be faith- 
 fully executed." Being thus made responsible for the entire action of 
 the executive department, it was but reasonable that the power of ap- 
 pointing, overseeing, and controlling those who execute the laws; a pow- 
 er in its nature executive should remain in his hands. It is, therefore, 
 not only his right, but the Constitution makes it his duty, to "nominate 
 and by and with the advice and consent of the Senate appoint," all "of- 
 ficers of the United Stales whose appointments are not in die Constitu- 
 tion otherwise provided ior," with a proviso that the appointment of in- 
 ferior officers may be vested in the President alone, in the Courts of 
 justice or in the heads of departments. 
 
 The executive power vested in the Senate, is neither that of "nomina- 
 ting" nor "appointing." It is merely a check upon the executive power 
 of appointment. If individuals are proposed for appointment by the 
 President, by them deemed incompetent or unworthy, they may with- 
 hold their consent, and the appointment cannot be made. They check 
 the action of the executive, but cannot, in relation to those very subjects, 
 
1834.] 259 
 
 act themselves, nor direct him. Selections are still made by the.Presi- 
 dent, and the negative given to the Senate, without diminishing his re- 
 sponsibility, furnishes an additional guarantee to the country that the 
 subordinate, executive, as well as the judicial offices, shall be filled with 
 worthy and competent men. 
 
 The whole executive power being vested in the President, who is 
 responsible for its exercise, it is a necessary consequence, that he should 
 have a right to employ agents of his own choice to aid him in the per- 
 formance of his duties, and to discharge them when he is no longer wil- 
 ling to be responsible for their acts. In strict accordance with this 
 principle, the power of removal, which, like that of appointment, is an 
 original executive power, is left unchecked by the Constitution in rela- 
 tion to all executive officers, for whose conduct the President is respon- 
 sible, while it is taken from him in relation to judicial officers, for whose 
 acts he is not responsible. In the Government from which many of the 
 fundamental principles of our system are derived, the head of the 
 executive department originally had power to appoint and remove at 
 his will, all officers, executive and judicial. It was to take the judges 
 out of this general power of removal, and thus make them independent 
 of the executive, that the tenure of their offices was changed to good be- 
 haviour. Nor is it conceivable, why they are placed, in our Constitu- 
 tion, upon a tenure different from that of all other officers appointed by 
 the executive, unless it be for the same purpose. 
 
 But if there were any just ground for doubt on the face of the Con- 
 stitution, whether all executive officers are removable at the will of the 
 President, it is obviated by the contemporaneous construction of the 
 instrument, and the uniform practice under it. 
 
 The power of removal was a topic of solemn debate in the Congress 
 of 1789, while organizing the administrative departments of the Gov- 
 ernment, and it was finally decided, that the President derived from the 
 Constitution, the power of removal, so far as it regards that department 
 for whose acts he is responsible. Although the debate covered the whole 
 ground, embracing the Treasury as well as all the other executive de- 
 partments, it arose on a motion to strike out of the bill to establish a de- 
 partment of foreign affairs, since called the department of state, a clause 
 declarmg the Secretary "to be removable from office by the President of 
 the United States." After that motion had been decided in the negative, 
 it was perceived that these words did not convey the sense of the House 
 of Representatives, in relation to the true source of the power of removal. 
 With the avowed object of preventing any future inference, that this 
 power was exercised by the President in virtue of a grant from Con- 
 gress, when in fact that body considered it as derived from the Consti- 
 tution, the words which had been the subject of a debate were struck 
 out, and in lieu thereof a clause was inserted in a provision concerning 
 the chief clerk of the department, which declared that 'Hvhenever the 
 said principal officer shall be removed from office by the President of the 
 United States, or in any other case of vacancy," the chief clerk should, 
 during such vacancy, have charge of the papers of the office. This 
 charge having been made for the express purpose of declaring the sense 
 
260 [April, 
 
 of Congress, that the President derived the power of removal from the 
 Constitution, the act as it passed, has always been considered as a full ex- 
 pression of the sense of the legislature on this important part of the 
 American Constitution. 
 
 Here then we have the concurrent authority of President Washington, 
 of the Senate, and the House of Representatives, numbers of whom had 
 taken an active part in the convention which framed the Constitution, and 
 in the State conventions, which adopted it, that tlie President derived an 
 unqualified power of removal from that instrument itself, which is "be- 
 yond the reach of legislative authority." Upon this priaciple the gov- 
 ernment has now been steadily administered for about forty-five years, 
 during wliich there have been numerous removals made by ihe President 
 or by his direction, embracing every grade of executive officers, from 
 the heads of departments to the messengers of bureaus. 
 
 The treasury department, in the discussions of 1789, was considered 
 on the same footing as the other executive departments, and in the act 
 establishing it, the precise words were incorporated indicative of the 
 sense of Congress, that the President derives his power to remove the 
 Secretary, from the Constitution, which appear in the act establishing the 
 department of foreign affairs. An assistant Secretary of the Treasury 
 was created, and it was provided that he should take charge of the books 
 and papers of the department, "whenever the Secretary shall be removed 
 from office by the President of the United States." 
 
 The Secretary of the Treasury being appointed by the President, and 
 being considered as constitutionally removable by him, it appears never 
 to have occurred to any one in the Congress of 1789, or since, until very 
 recently, that he was other than an executive officer, the mere instru- 
 ment of the Chief Magistrate in the execution of the laws, subject, like 
 all other heads of departments, to his supervision and control. No such 
 idea as an officer of the Congress can be found in the Constitution, or 
 appears to have suggested itself to those who organized the Government. 
 There are officers of each house, the appointment of which is authorized 
 by the Constitution, but all officers referred to in that instrument, as 
 coming within the appointing power of the President, whether establish- 
 ed thereby or created by law, are "Officers of the United States." No 
 joint power of appointment is given to the two Houses of Congress, nor 
 is there any accountability to them as one body: but as soon as any of- 
 fice is created by law, of whatever name or character, the appointment 
 of the person or persons to fill it, devolves by the Constitution upon the 
 President, witK the advice and consent of the Senate, unless it be an in- 
 ferior office, and the appointment be vested by the law itself "in the 
 President alone, in the courts of law, or in the heads of departments." 
 
 But at the time of the organization of the Treasury Department, an 
 incident occurred which distinctly evinces the unanimous concurrence of 
 the first Congress in the principle that the Treasury Department is 
 wholly executive in its character and responsibilities. A motion was 
 made to strike out the provision of the bill making it the duty of the 
 Secretary "to digest and report plans lor the improvement and manage- 
 ment of the revenue, and for the support of public credit," on the ground 
 
1834.] 261 
 
 that it would give the executive department of the government too much 
 influence and power in Congress. The motion was not opposed on the 
 ground tliat the Secretary was the officer of Congress and responsible 
 to that body, which wouU] have been exclusive, if admitted, but no other 
 grounds which conceded Jiis executive character t!iroughout. The whole 
 discussion evinces an unanimous concurrence in the principle, that the 
 Secretary of the Treasury is wholly an executive officer, and the strug- 
 gle of the minority was to restrict his power as such. From that time 
 down to the present, the Secretary of the Treasury, Reijister, Comp- 
 trollers, Auditors, and Clerks, who fill the offices of that departmsni, 
 have, in practice of the government, been considered and treated as on 
 the same footing with corresponding grades of officers in all the other 
 executive departments. 
 
 The custody of the public property, under such regulations as may 
 be prescribed by legislative authority, has always been considered an 
 appropriate function of the executive department"^ in this and all other 
 governments. In accordance with" this principle, every species of proper- 
 ty belonging to the United States, (excepting that which is in the use of 
 the several co-ordinate departments of the government, as means to aid 
 them in performing their appropriate functions,) is in charge of officers 
 appointed by the President, whether it be lands, or buildings, or mer- 
 chandise, or provisions, or clothing, or arms and munitions of war. The 
 superintendents and keepers of the whole are appointed by the President, 
 responsible to him, and removable at his will.* 
 
 Public money is but a species of public property. It cannot be raised 
 by taxation or customs, nor brought into the treasury in any other way, 
 except by law; but whenever or howsoever obtained, its custody always 
 has been, and always must be, unless the Constitution be changed, in- 
 trusted to the executive department. No officer can be created by Con- 
 gress for the purpose of taking charge of it, whose appointment would 
 not, by the Constitution, at once devolve on the President, and who would 
 not be responsible to him for the faithful performance of his duties. 
 
 The legislative power may undoubtedly bind him and the President, 
 by any laws they may think proper to enact, they prescribe in what 
 place particular portions of the public money shall be kept, and for what 
 reason it shall be removed, as they may direct that supplies for the army 
 and navy shall be kept in particular stores, and it will be the duty of the 
 President to see that the law is faithfully executed— yet will the custody 
 remain in the executive department of the government. Were the Con- 
 gress to assume, with or without a legislative act, the power of appointing 
 officers independently of the President, to take the charge and custody 
 of the public property contained in the military and naval arsenals, ma- 
 gazines, and storehouses, it is believed that such an act would be regarded 
 by all as a palpable usurpation of executive power, subversive of the 
 form as well as the fundamental principles of our government. But 
 where is the difference in principle, whether the public property be in 
 the form of arms, munitions of war, and supplies, or in gold and silver, 
 or bank notes.^ None can be perceived, none is believed to exist. Con- 
 34 
 
262 [April, 
 
 gress cannot, therefore, take out of the hands of the executive depart- 
 ment, the custody of the public property or money, without an assump- 
 tion of executive power, and a subversion of the first principles of the 
 Constitution. 
 
 The Congress of the United States have never passed an act impera- 
 tively directing that the public moneys shall be kept in any particular 
 place or places. From the origin of the government to the year 1816, 
 the statute book was wholly silent on the subject. In 1789 a Treasurer 
 was created, subordinate to the Secretary of the Treasury, and through 
 him to the President. He was required to give bond, safely to keep, and 
 faithfully to disburse the public moneys, without any direction as to the 
 manner or places in w'hich they should be kept. By reference to the 
 practice of the government, it is found, that from its first organization, 
 the Secretary of the Treasury, acting under the supervision of the Presi- 
 dent, designated the places in which the public moneys should be kept, 
 and specially directed all transfers from place to place. This practice 
 was continued, with the silent acquiescence of Congress, from 1789 down 
 to 1816; and although many banks were selected and discharged, and 
 although a portion of the moneys were placed in the State Banks, and 
 then in the former Bank of the United States, and upon the dissolution of 
 that, were again transferred to the State Banks, no legislation was thought 
 necessary by Congress, and all the operations were originated and per- 
 fected by executive authority. The Secretary of the Treasury, respon- 
 sible to the President, and with his approbation, made contracts and ar- 
 rangements in relation to the whole subject matter, which was thus en- 
 tirely committed to the direction of the President, under his responsi- 
 bilities to the American People, and to those who were authorized to 
 impeach and punish him for any breach of this important trust. 
 
 The act of 1816, establishing the Bank of the United States, directed 
 the deposites of public money to be made in that bank and its branches, 
 in places in which the said bank and branches thereof may be establish- 
 ed, "unless the Secretary of the Treasury should otherwise order and 
 direct," in which event, he was required to give his reasons to Congress. 
 This was a continuation of his pre-existing powers as the head of an ex- 
 ecutive department, to direct where the deposites should be made, with 
 the superadded obligation of giving his reasons to Congress for making 
 them elsewhere than in the Bank of the United States and its branches. 
 It is not to be considered that this provision in any degree altered the 
 relation between the Secretary of the Treasury and the President, as 
 the responsible head of the executive department, or released the latter 
 from his constitutional obligation to take care that the laws be faithfully 
 executed. On the contrary it increased his responsibilities, by adding 
 another to the long list of laws which it was his duty to carry into 
 effect. 
 
 It would be an extraordinary result, if, because the person charged 
 by law with a public duty, is one of the Secretaries, it were less the 
 duty of the President to see that law faithfully executed, than other 
 laws enjoining duties upon subordinate officers or private citizens. If 
 ih%T% be any difference, it would seem that the obligation is the stronger 
 
1834.] 263 
 
 in relation to the former, because the neglect is in his presence, and the 
 remedy at hand. 
 
 It cannot be doubted that it was the legal duty of the Secretary of 
 the Treasury to order and direct the deposites of the public money to 
 be made elsewhere than in the Bank of the United States, whenever sujfici- 
 ent reasons existed for making tlie change. If, in such a case, he neglec- 
 ted or refused to act, he would neglect or refuse to execute the law. 
 What would then be the sworn duty of the President? Could he say 
 that the Constitution did not bind him to see the law faithfully executed 
 because it was one of his secretaries, and not himself upon whom the 
 service was specially imposed? Might he not be asked whether there 
 was any such limitaiion to his obligations prescribed in the Constitution? 
 Whether he is not equally bound to take care that the laws be faithfully 
 executed, whether they impose duties on the highest officer of State, or 
 the lowest subordinate in any of the departments? Might he not be told 
 that it was for the sole purpose of causing all executive officers, from 
 the highest to tlie lowest, faithfully to perform the services required of 
 them by law, that the people of the United States have made him their 
 chief magistrate, and the Constitution has clothed him with the entire 
 executive power of this government? The principles implied in these 
 questions appear too plain to need elucidation. 
 
 But here, also, we have a cotemporaneous contruction of the act, which 
 shows that it was not understood as in any way changing the relations 
 between the President and Secretary of the Treasury; or as placing the 
 latter out of executive control, even in relation to the deposites of the 
 public money. JSor on this point are we left to any equivocal testimo- 
 ny. The documents of the Treasury department show that the Secre- 
 tary of the Treasury did apply to the President, and obtain his appro- 
 bation and sanction to the original transfer of the public deposites to the 
 present Bank of the United States, and did carry the measure into effect 
 in obedience to his decision. They also show that transfers of the public 
 deposites from the branches of the Bank of the U. States, to state banks 
 at Chillicothe, Cincinnati and Louisville, in 1819, were made with tl>e 
 approbation of the President, and by his authority. They show that 
 upon all important questions appertaining to his department, whether 
 they related to the public deposites or other matters, it was the constant 
 practice of the Secretary of the Treasury to obtain for his acts the ap- 
 proval and sanction of tlie President. These acts and the principles on 
 which they were founded, were known to all the departments of the 
 government, to Congress, and the country; and until very recently, ap- 
 pear never to have been called in question. 
 
 Thus was it settled by the Constitution, the laws, and the whole prac- 
 tice of the Government, that the entire executive power is vested in the 
 President of the United States, that as incident to that power, the right 
 of appointing and removing those officers w,ho are to aid him in the ex- 
 ecution of the laws, with such restrictions only as the Constitution pre- 
 scribes, is vested in the President; that the Secretary of the Treasury is 
 one of those officers; that tlie custody of the public property and money 
 is an executive function, which, in relation to the money has always 
 
264 [April, 
 
 been exercised through the Secretary of the Treasury and his subordi- 
 nates; that in the performance of these duties, he is subject to the supervi- 
 sion and conn ol of the President, and in all important measures having 
 relation to them, consults the chief magistrate, and obtains his approval 
 and sanction; that the law establishing the bank did not, as it could not, 
 change the relation between the President and the Secretary, did not re- 
 lease the former from his obligation to see the law faithfully executed, 
 nor the latter from the President's supervision and control; that after- 
 wards, and before, the Secretary did in fact consult, and obtain the sanc- 
 tion of, the President, to transfers and removals of the public deposites; 
 and that all departments of the Government, and the nation itselt, appro- 
 ved, or acquiesced in these acts and principles, as in strict conformity 
 with our Constitution and laws. 
 
 During the last year, the approaching termination, according to the 
 provisions of its charter, and the solemn decision of the American peo- 
 ple, of the Bank of the United States, made it expedient, and its expos- 
 ed abuses and corruptions made it, in my opinion, the duty of the Sec- 
 retary of the Treasury, to place the moneys of the United States in other 
 depositories. The Secretary did not concur in that opinion, and declined 
 giving the necessaiy order and direction. So glaring were the abuses 
 and corruptions of the Bank, so evident its fixed purpose to persevere in 
 them, and so palpable its design, by its money and power, to control the 
 Government and change its character, that I deemed it the imperative 
 duty of the executive authority, by the exertion of every power confided 
 to it by the Constitution and laws, to check its career, and lessen its 
 ability to do mischief, even in the painful alternative of dismissing the 
 head of one of the departments. At the time the removal was made, 
 other causes sufficient to justify it existed; but if they had not, the Secre- 
 tary would have been dismissed for this cause only. 
 
 His place I supplied by one whose opinions were well known to me, 
 and whose frank expression of them, in another situation, and whose gen- 
 erous sacrifices of interest and feeling, when unexpectedly called to the 
 station he now occupies, ought forever to have siiielded his motives from 
 suspicion, and his character from reproach. In accordance with the 
 opinions long before expressed by him, he proceeded, with my sanction, 
 to make arrangements for depositing the moneys of the United States in 
 other safe institutions. 
 
 The resolution of the Senate, as originally framed, and as passed, if it 
 refers to these acts, pre-supposes a right in that body to interfere with 
 this exercise of executive power. If the principle be once admitted it 
 is not difficult to perceive where it may end. If, by a mere denunciation 
 like this resolution, the President should ever be induced to act, in a 
 matter of official duty, contrary to the honest convictions of his own 
 mind, in compliance with the wishes of the Senate, the constitutional in- 
 dependence of the executive department would be as efiectually des- 
 troyed, and its power as effectually transferred to the Senate, as if that 
 end had been accomplished by an amendment of the Constitution. But 
 if the Senate have a right to "interfere with the executive powers, they 
 have also the right to make that interference effective; and if the asser- 
 
1834.] 265 
 
 tion of the power implied in the resolution be silently acquiesced we 
 may reasonably apprehend that it will be followed, at some future day, 
 by an attempt at actual enforcement. The Senate may refuse except on 
 the condition that he will surrender his opinions to theirs and obey their 
 will, to perform their own constitutional functions; to pass the necessary 
 laws; to sanction appropriations proposed by the House of Representa- 
 tives, and to confirm proper nominations made by the President. It has 
 already been maintained (and it is not conceiveable that tlie resolution of 
 the Senate can be based on any other principle) that the Secretary of 
 the Treasury is the officer of Congress, and independent of the President; 
 that the President has no right to control him, and consequently none to 
 remove him. With the same propriety, and on similar grounds may the 
 Secretary of State, the Secretaries of War, and the Navy, and the Post- 
 master General, each in succession, be declared independent of the Presi- 
 dent; the subordinates of Congress and removable only with the concur- 
 rence of the Senate. Followed to its consequences, this principle will 
 be found effectually tod istroy one co-ordinate department of the Govern- 
 ment, to concentrate in the hands of the Senate the whole executive pow- 
 er, and to leave the President as powerless as he would be useless — the 
 shadow of authority, after the substance had departed. 
 
 The time and the occasion which have called forth the resolution of 
 the Senate, seem to impose upon me an additional obligation not to pass 
 it over in silence. Nearly forty five years had the President exercised, 
 without a question as to his rightful authority, those powers for the re- 
 cent assumption of which he is now denounced. The vicissitudes of 
 peace and war had attended our Government; violent parties, watchful to 
 take advantage of any seeming usurpation on the part of the Executive, 
 had distracted our counsels; frequent removals, or forced resignations, in 
 every sense tantamount to removals, had been made of the Secretary and 
 other officers of the Treasury; and yet, in no one instance is it known, 
 that any man, whether patriot or partisan, had raised his voice against 
 it as a violation of the Constitution. The expediency and justice of such 
 changes, in reference to public officers of all grades, have frequently been 
 the topics of discussion, but the constitutional right of the President to 
 appoint, control, and remove the head of the Treasury, as well as all 
 other departments, seem to have been universally conceded. And what 
 is the occasion upon which other principles have been first officially as- 
 serted.^ The Bank of the United States, a great moneyed monopoly, had 
 attempted to obtain a renewal of its charter, by controlling the elections 
 of the people and the action of the government. The use of its corpo- 
 ration funds and power in that attempt, was fully disclosed; and it was 
 made known to the President that the corporation was putting the same 
 course of measures, with the view of making another vigorous effort, 
 through an interference in the elections of the people to control public 
 opinion and force the government to yield to its demands. 
 
 This, with its corruption of the press, its violation of its charter, its 
 exclusion of the government directors from its proceedings, its neglect of 
 duty, and arrogant pretensions, made it, in the opinion of the President, 
 incompatible with the public interest and safety of our institutions, that 
 
266 [April, 
 
 it should be longer employed as the fiscal agent of the Treasury. A 
 Secretary of the Treasury, appointed in the recess of the Senate, who 
 had not been confirmed by that body, and whom the President might or 
 might not at his pleasure nominate to them, refused to do what his sup- 
 erior in the executive department considered the most imperative of his 
 duties, and became in fact, however innocent his motives, the protector 
 of the bank. And on this occasion it is discovered for the first time, 
 that those who framed the Constitution misunderstood it; that the first 
 Congress and all its successors have been under a delusion, that the 
 practice of near forty five years, is but a continued usurpation: that the 
 Secretary of the Treasury is not responsible to the President; and that 
 to remove him is a violation of the Constitution and laws, for which the 
 President deserves to stand forever dishonoured on the joarnals of the 
 Senate. 
 
 There are also some other circumstances connected with the discus- 
 sion and passage of the resolution, to which I feel it to be, not only my 
 right, but my duty, to refer. It appears by the journal of the Senate, that 
 among the twenty six Senators who voted for the resolution on its final 
 passage, and who had supported it in achate, in its original form, were 
 one of the Senators from the State of Maine, the two Senators from New 
 Jersey, and one of the Senators from Ohio. It also appears by the same 
 journal, and by the files of the Senate, that the legislatures of these States 
 had severally expressed their opinions in respect in the executive pro- 
 ceedings drawn in question before the Senate. 
 
 The two branches of the legislature of the State of Maine, on the 25th 
 of January, 1834, passed a preamble and series of resolutions in the fol- 
 lowing words: 
 
 "Whereas, at an early period after the election of Andrew Jackson 
 to the presidency, in accordance with the sentiments which he had uni- 
 formly expressed, the attention of Congress was called to the constitu- 
 tionality and expediency of the renewal of the charter of the United 
 States Bank: And whereas, the bank has transcended its chartered 
 limits in the management of its business transactions, and has abandoned 
 the object of its creation, by engaging in political controversies, by 
 wielding its power and influence to embarrass the administration of the 
 general Government, and by bringing insolvency and distress upon the 
 commercial community: And whereas, the public security from such an 
 institution consists less in its present pecuniary capacity to discharge its 
 liabilities than in the fidelity with which the trusts reposed in it have been 
 executed: And whereas, the abuse and misapplication, of the powers 
 conferred have destroyed the confidence of the public in the ofiicers of 
 the bank, and demonstrated that such powers endanger the stability of 
 republican institutions: Therefore, resolved, that in the removal of the 
 public deposites from the Bank of the United States, as well as in the 
 manner of their removal, we recognize in the administration an adherence 
 to constitutional rights, and the performance of a public duty. 
 
 "Resolved, That this legislature entertain in the same opinion as here- 
 tofore expressed by precedings legislatures of this State, that the bank 
 of the United States ought not to be rechartered. 
 
1834.] 267 
 
 "Resolved, That the Senators of this State in the Congress of the Unit- 
 ed States be instructed, and the representatives be requested, to oppose 
 the restoration of the deposites and the renewal of the charter of the 
 United States Bank." 
 
 On the 1 1th of January, 1 834, the house of assembly and council com- 
 posing the legislature of the State of New Jersey, passed a preamble 
 and a series of resolutions in the following words: 
 
 "Whereas the present crisis in our public affairs calls for a decided 
 expression of the voice of the people of this State: and whereas we con- 
 sider it the undoubted right of the legislature of the several States to 
 instruct those who represent their interests in the councils of the nation, 
 in all matters which intimately concern the public weal, and may affect 
 the happiness or well being of the people, therefore:" 
 
 "1. Be it resolved by the council and general assembly of this State, 
 that while we acknowledge with feelings of devout gratitude our obliga- 
 tions to the great ruler of nations for his mercies to us as a people, that 
 we have been preserved alike from foreign war, from the evils of inter- 
 nal commotions, and the machinations of designing and ambitious men 
 who would prostrate the fair fabric of our Union; that we ought, never- 
 theless, to humble ourselves in his presence and implore his aid for the 
 perpetuation of our republican institutions, and for a continuance of that 
 unexampled prosperity which our country has hitherto enjoyed. 
 
 "2. Resolved, That we have undiminished confidence in the integrity 
 and firmness of the venerable patriot, who now holds the distinguished 
 post of chief magistrate of this nation, and whose purity of purpose and 
 elevated motives have so often received the unqualified approbation of a 
 large majority of his fellow-citizens. 
 
 "3. Resolved, That we view with agitation and alarm the existence of 
 a great moneyed incorporation, which threatens to embarrass the opera- 
 tions of the Government, and by means of its unbounded influence upon 
 the currency of the country, to scatter distress and ruin throughout the 
 community; and, that we, therefore, solemnly believe the present Bank 
 of the United States ought not to be rechartered. 
 
 "4. Resolved, That our Senators in Congress be instructed, and our 
 members of the House of Representatives be requested to sustain, by 
 their votes and influence, the course adopted by the Secretary of the 
 Treasury, Mr. Taney, in relation to the Bank of the United States and 
 the deposites of the Government moneys, believing as we do, the course 
 of the Secretary to have been constitutional, and that the public good 
 required its adoption. 
 
 "5. Resolved, That the Governor be requested to forward a copy of 
 the above resolutions to each of our Senators and Representatives from 
 this Stale, in the Congress of the United States." 
 
 On the 21st day of February last, the legislature of the same State, 
 reiterated the opmions and instructions before given, by joint resolutions, 
 in the following words: — 
 
 "Resolved by the Council and General Assembly of the State of New 
 Jersey, that they do adhere to the resolutions passed by them on the 
 11th day of January last, relative to the President of the United States, 
 
268 [April, 
 
 the Bank of the United States, and the course of INIr. Taney in removing 
 the Governmenl deposites." 
 
 "Resolved, That the legislature of New Jersey have not seen any 
 reason to c'epart from such resolutions since the passage thereof: and it 
 is their wish that they should receive from our Senators and Representa- 
 tives of this state in the Congress of the United vStates, that attention and 
 obedience which are due to the opinion of a sovereign State, openly ex- 
 pressed in its leu-islative capacity." 
 
 On the 2d of January, 1834, the Senate and house of representatives 
 composing the legislature ol Ohio passed a preamble and resolutions in 
 the following words: 
 
 "Whereas there is reason to believe that the Bank of the United 
 States will attempt to obtain a renewal of its charter at the present ses- 
 sion of Congress: And whereas it is abundantly evident that said bank 
 has exercised powers derogatory to the spirit of our free institutions and 
 dangerous to the liberties of these United States: and uhereas, there is 
 just reason to doubt the constitutional power of Congress to grant acts 
 of incorporation for banking purposes out of the District of Columbia: 
 and whereas, we believe the proper disposal of the public lands to be of 
 the utmost importance to the people of these United States, and that 
 honor and good faith require their equitable distribution: Therefore 
 
 "Resolved by the general assembly of this State of Ohio, that we con- 
 sider the removal of the public deposites from the Bank of the United 
 States as required by the best interests of our country, and that a pro- 
 per sense of public duty imperiously demanded that institution should be 
 no longer used as a depository of the public funds." 
 
 "Resolved, also, That we view, with decided disapprobation, the 
 renewed attempts in Congress to secure the passage of the bill providing 
 for the disposal of the public domain upon the principles proposed by 
 Mr. Clay, in as much as we believe that such a law would be unequal 
 in its operations, and unjust in its results." 
 
 "Resolved, also, that we heartily approve of the principles set forth 
 in the late veto message upon that subject, and" 
 
 "Resolved, That our Senators in Congress be instructed, and our 
 representatives requested, to use their influence to prevent the rechar- 
 tering of the Bank of the United States*, to sustain the administration in 
 its removal of the public deposites; and to oppose the passage of a land 
 bill containing the principles adopted in the act upon that subject, passed 
 at the last session of Congress." 
 
 "Resolved, That the governor be requested to transmit copies of the 
 foregoing preamble and resolutions to each of our Senators and represen- 
 tatives." 
 
 It is thus seen that four Senators have declared by their votes that the 
 President, in the late executive proceedings in relation to the revenue, 
 had been guilty of the impeachable offence of "assuming upon himself 
 authority and power not conferred by the Constitution and laws, but in 
 derogation of both," whilst the legislatures ofjj(Jieir respective States had 
 deliberately approved those very proceedings, as consistent with the 
 Constitution, and demanded by the public good. If these four votes had 
 
1834.] 269 
 
 been given in accordance with the sentiments of the legislatures, as above 
 expressed, there would have been but twenty-two votes out of forty-six 
 for censuring the President, and the unprecedented record of his convic- 
 tion could not have been placed upon the journals of the Senate. 
 
 In thus referring to the resolutions and instructions of the State legis- 
 latures, I disclaim and repudiate all authority or design to interfere with 
 the responsibility due from members of the Senate to their own con- 
 sciences, their constituents, and their country. The facts now stated 
 belong to the history oi these proceedings, and are important to the just 
 developement of the principles and interests involved in them, as well a^ 
 to the proper vindication of the executive department; and with that 
 view, and that view only, are they here made the topic of remai^k.^ 
 
 The dangerous tendency of the doctrine which denies to the President 
 the power of supervising, directing, and removing the Secretary of the 
 Treasury, in like manner with the other executive officers, would soon 
 be manifest in practice, were the doctrine to be established. The Presi- 
 dent is the direct representative of the American people, but the Secre- 
 taries are not. If the Secretary of the Treasury be independent of the 
 President in the execution of the laws, then is there no direct responsi- 
 bility to the people in that important branch of this government, to which 
 is committed the care of the national finances. And it is in the power 
 of the Bank of the United States, or any other corporation, body of men, 
 or individuals, if a Secretary shall be found to accord with them in opin- 
 ion, or can be induced in practice to promote their views, to control, 
 through him, the whole action of the government, (so far as it is exer- 
 cised by his department,) in defiance of the chief magistrate elected by 
 the people and responsible to them. 
 
 But the evil tendency of the particular doctrine adverted to, though 
 sufficiently serious, would be as nothing in comparison with the perni- 
 cious consequences which would inevitably flow from the approbation 
 and allowance by the people, and the practice by the Senate, of the un- 
 constitutional power of arraigning and censuring the olficial conduct of 
 the executive, in the manner recently pursued. Such proceedings are 
 eminently calculated to unsettle the foundations of the government; to 
 disturb the harmonious action of its different departments; and to break 
 down the checks and balances by which the wisdom of its framers sought 
 to ensure its stability and usefulness. 
 
 The honest diffi^rences of opinion w^hich occasionally exist between 
 the Senate and the President, in regard to matters in which both are ob- 
 liged to participate, are sufficiently embarrassing. But if the course 
 recently adopted by the Senate shall hereafter be frequently pursued, it 
 is not only obvious that the harmony of the relations between the Presi- 
 dent and the Senate will be destroyed, but that other and graver eftects 
 will ultimately ensue. If the censures of the Senate be submitted to by 
 the President, the confidence of the people in his ability and virtue, and 
 the character and usefulness of his administration, will soon'be at an end, 
 and the real power of the government will fall into the hands of a body, 
 holding their offices for long terms, not elected by the people, and not 
 35 
 
270 [April, 
 
 to them directly responsible. If, on the other hand, the illegal censures 
 of the Senate should be resisted by the President, collisions and angry 
 controversies mio:!it ensue, discreditable in their progress, and in the end 
 compelling the People to adopt the conclusion, either that their Chief 
 Magi^f''^'e was unworthy ot their respect, or that the Senate was 
 chargeable with calumny and injustice. Either of these results would 
 impair public confidence in the perfection of the system, and lead to seri- 
 ous alterations of its frame w^ork, or to the practical abandonment of some 
 of its provisions. 
 
 The influence of such proceedings on the other department of the 
 government, and more especially on the States, could not fail to be ex- 
 tensively pernicious, when the judges in the last resort of official mis- 
 conduct, themselves overleap the bounds of their authority, as prescribed 
 by the Constitution, wdiat general disregard of its provisions might not 
 their example be expected to produce.'' And who does not perceive that 
 such contempt of the Federal Constitution, by one of its most important 
 departments, would hold out the strongest temptation to resistance on 
 the part of the State sovereignties, whenever they shall suppose their 
 just rights to have been invaded.^ Thus all the independent departments 
 of the government, and the States which compose our confederated union, 
 instead of attending to their appropriate duties, and leaving those who 
 may offend, to be reclaimed or punished in the manner pointed out in 
 the Constitution, would fall to mutual crimination and recrimination, and 
 give to the people, confusion and anarchy, instead of order and law; un- 
 til at length some form of aristocratic power would be established on the 
 ruins of the Constitution, or the States be broken into separate communi- 
 ties. 
 
 Far be it from me to charge, or to insinuate, that the present Senate of 
 the United States intend, in the most distant way, to encourage such a 
 result. It is not of their motives or designs, but only of the tendency of 
 their acts, that it is my duty to speak. It is, if possible, to make Sena- 
 tors themselves sensible of the danger which lurks under the precedent 
 set in their resolution; and at any rate to perform my duty, as the res- 
 ponsible head of one of the co-equal departments of the government, that 
 I have been compelled to point out the consequences to which the dis- 
 cussion and passage of the resolution may lead, if the tendency of the 
 measure be not checked in its inception. 
 
 It is due to the high trust wnth which I have been charged, to those 
 who may be called to succeed me in it; to the representatives of the peo- 
 ple, whose constitutional prerogative has been unlawfully assumed; to 
 the people and to the States; and to the Constitution they have establish- 
 ed; that I should not permit its provisions to be broken down by such an 
 attack on the executive department, without at least some effort "to 
 preserve, protect, and defend" them. With this view, and for the reasons 
 which have been stated, I do hereby solemnly protest against the afore- 
 mentioned proceedings of the Senate, as unauthorized by the Constitu- 
 tion, contrary to its spirit and several of its express provisions; subver- 
 sive of that distribution of the powers of government which it has or- 
 dained and established; destructive of the checks and safe-guards by 
 
1834.] 271 
 
 which those powers were intended, on the one hand, to be controlled, 
 and on the other to be protected; and calculated by their immediate and 
 collateral effects, by their character and tendency, to concentrate in the 
 hands of a body not directly amenable to the people, a degree of influ- 
 ence and power dangerous to their liberties, and fatal to the Constitution 
 of their choice. 
 
 The resolution of the Senate contains an imputation upon my private 
 as well as upon my public character; and as it must stand forever on 
 their journals, I cannot close this substitute for that defence which I have 
 not been allowed to present in the ordinary form, without remarking, 
 that I have lived in vain, if it be necessary to enter into a formal vindi- 
 dication of my character and purposes from such an imputation. In vain 
 do I bear upon my person, enduring memorials of that contest in which 
 American liberty was purchased — in vain have I since periled property, 
 fame, and life, in defence of the rights and privileges so dearly bought — 
 in vain am I now, without a personal aspiration, or the hope of individual 
 advantage, encountering responsibilities and dangers, from which, by 
 mere inactivity in relation to a single point, I might have been exempt — 
 if any serious doubts can be entertained as to the purity of my purposes 
 and motives. If I had been ambitious, I should have sought an alliance 
 with that powerful institution, which even now aspires to no divided 
 empire. If I had been venal, I should have sold myself to its designs — 
 had I preferred personal comfort and official ease to the performance of 
 ray arduous duty, I should have ceased to molest it. In the history of 
 conquerors and usurpers, never, in the fire of youth, nor in the vigor of 
 manhood, could I find an attraction to lure me from the path of duty; and 
 now, I shall scarcely find an inducement to commence their career of 
 ambition, when gray hairs and a decaying frame, instead of inviting to 
 toil and battle, call me to the contemplation of other worlds, where con- 
 querors cease to be honored, and usurpers expiate their crimes. The 
 only ambition I can feel, is to acquit myself to him to whom I must soon 
 render an account of my stewardship, to serve my fellow-men, and live 
 respected and honored in the history of my country. No: the ambition 
 which leads me on, is an anxious desire and a fixed determination, to re- 
 turn to the people, unimpaired, the sacred trust they have confided to my 
 charge — to heal the wounds of the Constitution and preserve it from fur- 
 ther violation, to persuade my countrymen, so far as I may, that it is not 
 in a splendid Government, supported by powerful monopolies and aris- 
 tocratical establishments, that they will find happiness, or their liberties 
 protected; but in a plain system — void to pomp, protecting all, and grant- 
 ing favours to none — dispensing its blessings like the dews of Heaven, 
 unseen and unfelt, save in the freshness and beauty they contribute to pro- 
 duce. It is such a Government that the genius of our people requires — 
 such a one only under which our States may remain for ages to come, 
 united, prosperous and free. If the Almighty Being who has hitherto 
 sustained and protected me, will but vouchsafe to make my feeble pow- 
 ers instrumental to such a result, I shall anticipate with pleasure the 
 place to be assigned me in the history of my country, and die contented 
 
272 ''*'' [April, 
 
 with the belief, that I have contributed, in some small degree, to increase 
 the value and prolong; the duration, of American Liberty. 
 
 To the end tliat the resolution of the [Senate may not be hereafter 
 drawn into precedent, with the authority of silent acq^uiescence on the 
 part of the executive depaitment, and to the end, also, that my motives 
 and views in the executive proceedings, denounced in that resolution, 
 may be known to my fellow-citizens, to the world, and to all posterity, 
 I respectfully request that this Message and Protest may be entered at 
 length on the journals of the Senate. 
 
 ANDREW JACKSON. 
 ^pril 15th, 1834. 
 
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