Chapter I (6)

It is with unfeigned regret that I find myself under the necessity of returning to the House of Representatives with my objections a bill entitled "An act to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes." Nothing can be more painful to any individual called upon to perform the Chief Executive duties under our limited Constitution than to be constrained to withhold his assent from an important measure adopted by the Legislature. Yet he would neither fulfill the high purposes of his station nor consult the true interests or the solemn will of the people--the common constituents of both branches of the Government--by yielding his well-considered, most deeply fixed, and repeatedly declared opinions on matters of great public concernment to those of a coordinate department without requesting that department seriously to reexamine the subject of their difference. The exercise of some independence of judgment in regard to all acts of legislation is plainly implied in the responsibility of approving them. At all times a duty, it becomes a peculiarly solemn and imperative one when the subjects passed upon by Congress happen to involve, as in the present instance, the most momentous issues, to affect variously the various parts of a great country, and to have given rise in all quarters to such a conflict of opinion as to render it impossible to conjecture with any certainty on which side the majority really is. Surely if the pause for reflection intended by the wise authors of the Constitution by referring the subject back to Congress for reconsideration be ever expedient and necessary it is precisely such a case as the present.

On the subject of distributing the proceeds of the sales of the public lands in the existing state of the finances it has been my duty to make known my settled convictions on various occasions during the present session of Congress. At the opening of the extra session, upward of twelve months ago, sharing fully in the general hope of returning prosperity and credit, I recommended such a distribution, but that recommendation was even then expressly coupled with the condition that the duties on imports should not exceed the rate of 20 per cent provided by the compromise act of 1833. These hopes were not a little encouraged and these views strengthened by the report of Mr. Ewing, then Secretary of the Treasury, which was shortly thereafter laid before Congress, in which he recommended the imposition of duties at the rate of 20 per cent _ad valorem_ on all free articles, with specified exceptions, and stated "if this measure be adopted there will be received in the Treasury from customs in the last quarter of the present year (1841) $5,300,000; in all of the year 1842, about $22,500,000; and in the year 1843, after the final reduction under the act of March 2, 1833, about $20,800,000;" and adds:

It is believed that after the heavy expenditures required by the public
service in the present year shall have been provided for, the revenues
which will accrue from that or a nearly approximate rate of duty will
be sufficient to defray the expenses of the Government and leave a
surplus to be annually applied to the gradual payment of the national
debt, leaving the proceeds of _the public lands_ to be disposed of as
Congress shall see fit.

I was most happy that Congress at the time seemed entirely to concur in the recommendations of the Executive, and, anticipating the correctness of the Secretary's conclusions, and in view of an actual surplus, passed the distribution act of the 4th September last, wisely limiting its operation by two conditions having reference, both of them, to a possible state of the Treasury different from that which had been anticipated by the Secretary of the Treasury and to the paramount necessities of the public service. It ordained that "if at any time during the existence of that act there should be an imposition of duties on imports inconsistent with the provision of the act of the 2d March, 1833, and beyond the rate of duties fixed by that act, to wit, 20 per cent on the value of such imports or any of them, then the distribution should be suspended, and should continue so suspended until that cause should be removed," By a previous clause it had, in a like spirit of wise and cautious patriotism, provided for another case, in which all are even now agreed, that the proceeds of the sales of the public lands should be used for the defense of the country. It was enacted that the act should continue and be in force until otherwise provided by law, unless the United States should become involved in war with any foreign power, in which event, from the commencement of hostilities, the act should be suspended until the cessation of hostilities.

Not long after the opening of the present session of Congress the unprecedented and extraordinary difficulties that have recently embarrassed the finances of the country began to assume a serious aspect. It soon became quite evident that the hopes under which the act of 4th September was passed, and which alone justified it in the eyes either of Congress who imposed or of the Executive who approved, the first of the two conditions just recited were not destined to be fulfilled. Under the pressure, therefore, of the embarrassments which had thus unexpectedly arisen it appeared to me that the course to be pursued had been clearly marked out for the Government by that act itself. The condition contemplated in it as requiring a suspension of its operation had occurred. It became necessary in the opinions of all to raise the rate of duties upon imports above 20 per cent; and with a view both to provide available means to meet present exigencies and to lay the foundation for a successful negotiation of a loan, I felt it incumbent on me to urge upon Congress to raise the duties accordingly, imposing them in a spirit of a wise discrimination for the twofold object of affording ample revenue for the Government and incidental protection to the various branches of domestic industry. I also pressed, in the most emphatic but respectful language I could employ, the necessity of making the land sales available to the Treasury, as the basis of public credit. I did not think that I could stand excused, much less justified, before the people of the United States, nor could I reconcile it to myself to recommend the imposition of additional taxes upon them without at the same time urging the employment of all the legitimate means of the Government toward satisfying its wants. These opinions were communicated in advance of any definitive action of Congress on the subject either of the tariff or land sales, under a high sense of public duty and in compliance with an express injunction of the Constitution, so that if a collision, extremely to be deprecated, as such collisions always are, has seemingly arisen between the executive and legislative branches of the Government, it has assuredly not been owing to any capricious interference or to any want of a plain and frank declaration of opinion on the part of the former. Congress differed in its views with those of the Executive, as it had undoubtedly a right to do, and passed a bill virtually for a time repealing the proviso of the act of the 4th September, 1841. The bill was returned to the House in which it originated with my objections to its becoming a law. With a view to prevent, if possible, an open disagreement of opinion on a point so important, I took occasion to declare that I regarded it as an indispensable prerequisite to an increase of duties above 20 per cent that the act of the 4th September should remain unrepealed in its provisions. My reasons for that opinion were elaborately set forth in the message which accompanied the return of the bill, which no constitutional majority appears to have been found for passing into a law.

The bill which is now before me proposes in its twenty-seventh section the total repeal of one of the provisos in the act of September, and, while it increases the duties above 20 per cent, directs an unconditional distribution of the land proceeds. I am therefore subjected a second time in the period of a few days to the necessity of either giving my approval to a measure which, in my deliberate judgment, is in conflict with great public interests or of returning it to the House in which it originated with my objections. With all my anxiety for the passage of a law which would replenish an exhausted Treasury and furnish a sound and healthy encouragement to mechanical industry, I can not consent to do so at the sacrifice of the peace and harmony of the country and the clearest convictions of public duty.

For some of the reasons which have brought me to this conclusion I refer to my previous messages to Congress, and briefly subjoin the following:

1. The bill unites two subjects which, so far from having any affinity to one another, are wholly incongruous in their character. It is both a revenue and an appropriation bill. It thus imposes on the Executive, in the first place, the necessity of either approving that which he would reject or rejecting that which he might otherwise approve. This is a species of constraint to which the judgment of the Executive ought not, in my opinion, to be subjected. But that is not my only objection to the act in its present form. The union of subjects wholly dissimilar in their character in the same bill, if it grew into a practice, would not fail to lead to consequences destructive of all wise and conscientious legislation. Various measures, each agreeable only to a small minority, might by being thus united--and the more the greater chance of success--lead to the passing of laws of which no single provision could if standing alone command a majority in its favor.

2. While the Treasury is in a state of extreme embarrassment, requiring every dollar which it can make available, and when the Government has not only to lay additional taxes, but to borrow money to meet pressing demands, the bill proposes to give away a fruitful source of revenue--which is the same thing as raising money by loan and taxation--not to meet the wants of the Government, but for distribution--a proceeding which I must regard as highly impolitic, if not unconstitutional.

A brief review of the present condition of the public finances will serve to illustrate the true condition of the Treasury and exhibit its actual necessities:

On the 5th of August (Friday last) there was
in the Treasury, in round numbers $2,150,000

Necessary to be retained to meet trust funds $360,000
Interest on public debt due in October 80,000
To redeem Treasury notes and pay the interest 100,000
Land distribution under the act of the 4th of
September, 1841 640,000
________ 1,180,000
__________
Leaving an available amount of 970,000

The Navy Department had drawn requisitions on the Treasury at that time to meet debts actually due, among which are bills under protest for $1,414,000, thus leaving an actual deficit of $444,000.

There was on hand about $100,000 of unissued Treasury notes, assisted by the accruing revenue (amounting to about $150,000 per week, exclusive of receipts on unpaid bonds), to meet requisitions for the Army and the demands of the civil list.

The withdrawal of the sum of $640,000 to be distributed among the States, so soon as the statements and accounts can be made up and completed, by virtue of the provisions of the act of the 4th of September last (of which nearly a moiety goes to a few States, and only about $383,000 is to be divided among all the States), while it adds materially to the embarrassments of the Treasury, affords to the States no decided relief.

No immediate relief from this state of things is anticipated unless (what would most deeply be deplored) the Government could be reconciled to the negotiation of loans already authorized by law at a rate of discount ruinous in itself and calculated most seriously to affect the public credit. So great is the depression of trade that even if the present bill were to become a law and prove to be productive some time would elapse before sufficient supplies would flow into the Treasury, while in the meantime its embarrassments would be continually augmented by the semiannual distribution of the land proceeds.

Indeed, there is but too much ground to apprehend that even if this bill were permitted to become a law--alienating, as it does, the proceeds of the land sales--an actual deficit in the Treasury would occur, which would more than probably involve the necessity of a resort to direct taxation.

Let it be also remarked that $5,500,000 of the public debt becomes redeemable in about two years and a half, which at any sacrifice must be met, while the Treasury is always liable to demands for the payment of outstanding Treasury notes. Such is the gloomy picture which our financial department now presents, and which calls for the exercise of a rigid economy in the public expenditures and the rendering available of all the means within the control of the Government. I most respectfully submit whether this is a time to give away the proceeds of the land sales when the public lands constitute a fund which of all others may be made most useful in sustaining the public credit. Can the Government be generous and munificent to others when every dollar it can command is necessary to supply its own wants? And if Congress would not hesitate to suffer the provisions of the act of 4th September last to remain unrepealed in case the country was involved in war, is not the necessity for such a course now just as imperative as it would be then?

3. A third objection remains to be urged, which would be sufficient in itself to induce me to return the bill to the House with my objections. By uniting two subjects so incongruous as tariff and distribution it inevitably makes the fate of the one dependent upon that of the other in future contests of party. Can anything be more fatal to the merchant or manufacturer than such an alliance? What they most of all require is a system of moderate duties so arranged as to withdraw the tariff question, as far as possible, completely from the arena of political contention. Their chief want is permanency and stability. Such an increase of the tariff I believe to be necessary in order to meet the economical expenditures of Government. Such an increase, made in the spirit of moderation and judicious discrimination, would, I have no doubt, be entirely satisfactory to the great majority of the American people. In the way of accomplishing a measure so salutary and so imperatively demanded by every public interest, the legislative department will meet with a cordial cooperation on the part of the Executive. This is all that the manufacturer can desire, and it would be a burden readily borne by the people. But I can not too earnestly repeat that in order to be beneficial it must be permanent, and in order to be permanent it must command general acquiescence. But can such permanency be justly hoped for if the tariff question be coupled with that of distribution, as to which a serious conflict of opinion exists among the States and the people, and which enlists in its support a bare majority, if, indeed, there be a majority, of the two Houses of Congress? What permanency or stability can attach to a measure which, warring upon itself, gives away a fruitful source of revenue at the moment it proposes a large increase of taxes on the people? Is the manufacturer prepared to stake himself and his interests upon such an issue?

I know that it is urged (but most erroneously, in my opinion) that instability is just as apt to be produced by retaining the public lands as a source of revenue as from any other cause, and this is ascribed to a constant fluctuation, as it is said, in the amount of sales. If there were anything in this objection, it equally applies to every imposition of duties on imports. The amount of revenue annually derived from duties is constantly liable to change. The regulations of foreign governments, the varying productiveness of other countries, periods of excitement in trade, and a great variety of other circumstances are constantly arising to affect the state of commerce, foreign and domestic, and, of consequence, the revenue levied upon it. The sales of the public domain in ordinary times are regulated by fixed laws which have their basis in a demand increasing only in the ratio of the increase of population. In recurring to the statistics connected with this subject it will be perceived that for a period of ten years preceding 1834 the average amount of land sales did not exceed $2,000,000. For the increase which took place in 1834, 1835, and 1836 we are to look to that peculiar condition of the country which grew out of one of the most extraordinary excitements in business and speculation that has ever occurred in the history of commerce and currency. It was the fruit of a wild spirit of adventure engendered by a vicious system of credits, under the evils of which the country is still laboring, and which it is fondly hoped will not soon recur. Considering the vast amount of investments made by private individuals in the public lands during those three years, and which equaled $43,000,000 (equal to more than twenty years' purchase), taking the average of sales of the ten preceding years, it may be safely asserted that the result of the public-land sales can hold out nothing to alarm the manufacturer with the idea of instability in the revenues and consequently in the course of the Government.

Under what appears to me, therefore, the soundest considerations of public policy, and in view of the interests of every branch of domestic industry, I return you the bill with these my objections to its becoming a law.

I take occasion emphatically to repeat my anxious desire to cooperate with Congress in the passing of a law which, while it shall assist in supplying the wants of the Treasury and reestablish public credit, shall afford to the manufacturing interests of the country all the incidental protection they require.

After all, the effect of what I do is substantially to call on Congress to reconsider the subject. If on such reconsideration a majority of two-thirds of both Houses should be in favor of this measure, it will become a law notwithstanding my objections. In a case of clear and manifest error on the part of the President the presumption of the Constitution is that such majorities will be found. Should they be so found in this case, having conscientiously discharged my own duty I shall cheerfully acquiesce in the result.

JOHN TYLER.

PROTEST.[79]

[Footnote 79: The House of Representatives ordered that it be not entered on the Journal.]

WASHINGTON, _August 30, 1842_.

_To the House of Representatives_:

By the Constitution of the United States it is provided that "every bill which shall have passed the House of Representatives and the Senate shall before it become a law be presented to the President of the United States; _if he approve_, he _shall_ sign it; but if _not_, he _shall_ return it with his objections to that House in which it shall have originated, who shall enter the objections at large upon the Journal and proceed to reconsider it."

In strict compliance with the positive obligation thus imposed upon me by the Constitution, not having been able to bring myself to approve a bill which originated in the House of Representatives entitled "An act to provide revenue from imports, and to change and modify existing laws imposing duties on imports, and for other purposes," I returned the same to the House with my objections to its becoming a law. These objections, which had entirely satisfied my own mind of the great impolicy, if not unconstitutionality, of the measure, were presented in the most respectful and even deferential terms. I would not have been so far forgetful of what was due from one department of the Government to another as to have intentionally employed in my official intercourse with the House any language that could be in the slightest degree offensive to those to whom it was addressed. If in assigning my objections to the bill I had so far forgotten what was due to the House of Representatives as to impugn its motives in passing the bill, I should owe, not only to that House, but to the country, the most profound apology. Such departure from propriety is, however, not complained of in any proceeding which the House has adopted. It has, on the contrary, been expressly made a subject of remark, and almost of complaint, that the language in which my dissent was couched was studiously guarded and cautious.

Such being the character of the official communication in question, I confess I was wholly unprepared for the course which has been pursued in regard to it. In the exercise of its power to regulate its own proceedings the House for the first time, it is believed, in the history of the Government thought proper to refer the message to a select committee of its own body for the purpose, as my respect for the House would have compelled me to infer, of deliberately weighing the objections urged against the bill by the Executive with a view to its own judgment upon the question of the final adoption or rejection of the measure.

Of the temper and feelings in relation to myself of some of the members selected for the performance of this duty I have nothing to say. That was a matter entirely within the discretion of the House of Representatives. But that committee, taking a different view of its duty from that which I should have supposed had led to its creation, instead of confining itself to the objections urged against the bill availed itself of the occasion formally to arraign the motives of the President for others of his acts since his induction into office. In the absence of all proof and, as I am bound to declare, against all law or precedent in parliamentary proceedings, and at the same time in a manner which it would be difficult to reconcile with the comity hitherto sacredly observed in the intercourse between independent and coordinate departments of the Government, it has assailed my whole official conduct without the shadow of a pretext for such assault, and, stopping short of impeachment, has charged me, nevertheless, with offenses declared to deserve impeachment.

Had the extraordinary report which the committee thus made to the House been permitted to remain without the sanction of the latter, I should not have uttered a regret or complaint upon the subject. But unaccompanied as it is by any particle of testimony to support the charges it contains, without a deliberate examination, almost without any discussion, the House of Representatives has been pleased to adopt it as its own, and thereby to become my accuser before the country and before the world. The high character of such an accuser, the gravity of the charges which have been made, and the judgment pronounced against me by the adoption of the report upon a distinct and separate vote of the House leave me no alternative but to enter my solemn protest against this proceeding as unjust to myself as a man, as an invasion of my constitutional powers as Chief Magistrate of the American people, and as a violation in my person of rights secured to every citizen by the laws and the Constitution. That Constitution has intrusted to the House of Representatives the sole power of impeachment. Such impeachment is required to be tried before the most august tribunal known to our institutions. The Senate of the United States, composed of the representatives of the sovereignty of the States, is converted into a hall of justice, and in order to insure the strictest observance of the rules of evidence and of legal procedure the Chief Justice of the United States, the highest judicial functionary of the land, is required to preside over its deliberations. In the presence of such a judicatory the voice of faction is presumed to be silent, and the sentence of guilt or innocence is pronounced under the most solemn sanctions of religion, of honor, and of law. To such a tribunal does the Constitution authorize the House of Representatives to carry up its accusations against any chief of the executive department whom it may believe to be guilty of high crimes and misdemeanors. Before that tribunal the accused is confronted with his accusers, and may demand the privilege, which the justice of the common law secures to the humblest citizen, of a full, patient, and impartial inquiry into the facts, upon the testimony of witnesses rigidly cross-examined and deposing in the face of day. If such a proceeding had been adopted toward me, unjust as I should certainly have regarded it, I should, I trust, have met with a becoming constancy a trial as painful as it would have been undeserved. I would have manifested by a profound submission to the laws of my country my perfect faith in her justice, and, relying on the purity of my motives and the rectitude of my conduct, should have looked forward with confidence to a triumphant refutation in the presence of that country and by the solemn judgment of such a tribunal not only of whatever charges might have been formally preferred against me, but of all the calumnies of which I have hitherto been the unresisting victim. As it is, I have been accused without evidence and condemned without a hearing. As far as such proceedings can accomplish it, I am deprived of public confidence in the administration of the Government and denied even the boast of a good name--a name transmitted to me from a patriot father, prized as my proudest inheritance, and carefully preserved for those who are to come after me as the most precious of all earthly possessions. I am not only subjected to imputations affecting my character as an individual, but am charged with offenses against the country so grave and so heinous as to deserve public disgrace and disfranchisement. I am charged with violating pledges which I never gave, and, because I execute what I believe to be the law, with usurping powers not conferred by law, and, above all, with using the powers conferred upon the President by the Constitution from corrupt motives and for unwarrantable ends. And these charges are made without any particle of evidence to sustain them, and, as I solemnly affirm, without any foundation in truth.

Why is a proceeding of this sort adopted at this time? Is the occasion for it found in the fact that having been elected to the second office under the Constitution by the free and voluntary suffrages of the people, I have succeeded to the first according to the express provisions of the fundamental law of the same people? It is true that the succession of the Vice-President to the Chief Magistracy has never occurred before and that all prudent and patriotic minds have looked on this new trial of the wisdom and stability of our institutions with a somewhat anxious concern. I have been made to feel too sensibly the difficulties of my unprecedented position not to know all that is intended to be conveyed in the reproach cast upon a President without a party. But I found myself placed in this most responsible station by no usurpation or contrivance of my own. I was called to it, under Providence, by the supreme law of the land and the deliberately declared will of the people. It is by these that I have been clothed with the high powers which they have seen fit to confide to their Chief Executive and been charged with the solemn responsibility under which those powers are to be exercised. It is to them that I hold myself answerable as a moral agent for a free and conscientious discharge of the duties which they have imposed upon me. It is not as an individual merely that I am now called upon to resist the encroachments of unconstitutional power. I represent the executive authority of the people of the United States, and it is in their name, whose mere agent and servant I am, and whose will declared in their fundamental law I dare not, even were I inclined, to disobey, that I protest against every attempt to break down the undoubted constitutional power of this department without a solemn amendment of that fundamental law.

I am determined to uphold the Constitution in this as in other respects to the utmost of my ability and in defiance of all personal consequences. What may happen to an individual is of little importance, but the Constitution of the country, or any one of its great and clear principles and provisions, is too sacred to be surrendered under any circumstances whatever by those who are charged with its protection and defense. Least of all should he be held guiltless who, placed at the head of one of the great departments of the Government, should shrink from the exercise of its unquestionable authority on the most important occasions and should consent without a struggle to efface all the barriers so carefully erected by the people to control and circumscribe the powers confided to their various agents. It may be desirable, as the majority of the House of Representatives has declared it is, that no such checks upon the will of the Legislature should be suffered to continue. This is a matter for the people and States to decide, but until they shall have decided it I shall feel myself bound to execute, without fear or favor, the law as it has been written by our predecessors.

I protest against this whole proceeding of the House of Representatives as _ex parte_ and extrajudicial. I protest against it as subversive of the common right of all citizens to be condemned only upon a fair and impartial trial, according to law and evidence, before the country. I protest against it as destructive of all the comity of intercourse between the departments of this Government, and destined sooner or later to lead to conflicts fatal to the peace of the country and the integrity of the Constitution. I protest against it in the name of that Constitution which is not only my own shield of protection and defense, but that of every American citizen. I protest against it in the name of the people, by whose will I stand where I do, by whose authority I exercised the power which I am charged with having usurped, and to whom I am responsible for a firm and faithful discharge according to my own convictions of duty of the high stewardship confided to me by them. I protest against it in the name of all regulated liberty and all limited government as a proceeding tending to the utter destruction of the checks and balances of the Constitution and the accumulating in the hands of the House of Representatives, or a bare majority of Congress for the time being, an uncontrolled and despotic power. And I respectfully ask that this my protest may be entered upon the Journal of the House of Representatives as a solemn and formal declaration for all time to come against the injustice and unconstitutionality of such a proceeding.

JOHN TYLER.

SECOND ANNUAL MESSAGE.

WASHINGTON, _December 6, 1842_.

_To the Senate and House of Representatives of the United States_:

We have continued reason to express our profound gratitude to the Great Creator of All Things for numberless benefits conferred upon us as a people. Blessed with genial seasons, the husbandman has his garners filled with abundance, and the necessaries of life, not to speak of its luxuries, abound in every direction. While in some other nations steady and industrious labor can hardly find the means of subsistence, the greatest evil which we have to encounter is a surplus of production beyond the home demand, which seeks, and with difficulty finds, a partial market in other regions. The health of the country, with partial exceptions, has for the past year been well preserved, and under their free and wise institutions the United States are rapidly advancing toward the consummation of the high destiny which an overruling Providence seems to have marked out for them. Exempt from domestic convulsion and at peace with all the world, we are left free to consult as to the best means of securing and advancing the happiness of the people. Such are the circumstances under which you now assemble in your respective chambers and which should lead us to unite in praise and thanksgiving to that great Being who made us and who preserves us as a nation.

I congratulate you, fellow-citizens, on the happy change in the aspect of our foreign affairs since my last annual message. Causes of complaint at that time existed between the United States and Great Britain which, attended by irritating circumstances, threatened most seriously the public peace. The difficulty of adjusting amicably the questions at issue between the two countries was in no small degree augmented by the lapse of time since they had their origin. The opinions entertained by the Executive on several of the leading topics in dispute were frankly set forth in the message at the opening of your late session. The appointment of a special minister by Great Britain to the United States with power to negotiate upon most of the points of difference indicated a desire on her part amicably to adjust them, and that minister was met by the Executive in the same spirit which had dictated his mission. The treaty consequent thereon having been duly ratified by the two Governments, a copy, together with the correspondence which accompanied it, is herewith communicated. I trust that whilst you may see in it nothing objectionable, it may be the means of preserving for an indefinite period the amicable relations happily existing between the two Governments. The question of peace or war between the United States and Great Britain is a question of the deepest interest, not only to themselves, but to the civilized world, since it is scarcely possible that a war could exist between them without endangering the peace of Christendom. The immediate effect of the treaty upon ourselves will be felt in the security afforded to mercantile enterprise, which, no longer apprehensive of interruption, adventures its speculations in the most distant seas, and, freighted with the diversified productions of every land, returns to bless our own. There is nothing in the treaty which in the slightest degree compromits the honor or dignity of either nation. Next to the settlement of the boundary line, which must always be a matter of difficulty between states as between individuals, the question which seemed to threaten the greatest embarrassment was that connected with the African slave trade.

By the tenth article of the treaty of Ghent it was expressly declared that--

Whereas the traffic in slaves is irreconcilable with the principles
of humanity and justice, and whereas both His Majesty and the United
States are desirous of continuing their efforts to promote its entire
abolition, it is hereby agreed that both the contracting parties
shall use their best endeavors to accomplish so desirable an object.

In the enforcement of the laws and treaty stipulations of Great Britain a practice had threatened to grow up on the part of its cruisers of subjecting to visitation ships sailing under the American flag, which, while it seriously involved our maritime rights, would subject to vexation a branch of our trade which was daily increasing, and which required the fostering care of Government. And although Lord Aberdeen in his correspondence with the American envoys at London expressly disclaimed all right to detain an American ship on the high seas, even if found with a cargo of slaves on board, and restricted the British pretension to a mere claim to visit and inquire, yet it could not well be discerned by the Executive of the United States how such visit and inquiry could be made without detention on the voyage and consequent interruption to the trade. It was regarded as the right of search presented only in a new form and expressed in different words, and I therefore felt it to be my duty distinctly to declare in my annual message to Congress that no such concession could be made, and that the United States had both the will and the ability to enforce their own laws and to protect their flag from being used for purposes wholly forbidden by those laws and obnoxious to the moral censure of the world. Taking the message as his letter of instructions, our then minister at Paris felt himself required to assume the same ground in a remonstrance which he felt it to be his duty to present to Mr. Guizôt, and through him to the King of the French, against what has been called the "quintuple treaty;" and his conduct in this respect met with the approval of this Government. In close conformity with these views the eighth article of the treaty was framed, which provides "that each nation shall keep afloat in the African seas a force not less than 80 guns, to act separately and apart, under instructions from their respective Governments, and for the enforcement of their respective laws and obligations." From this it will be seen that the ground assumed in the message has been fully maintained at the same time that the stipulations of the treaty of Ghent are to be carried out in good faith by the two countries, and that all pretense is removed for interference with our commerce for any purpose whatever by a foreign government. While, therefore, the United States have been standing up for the freedom of the seas, they have not thought proper to make that a pretext for avoiding a fulfillment of their treaty stipulations or a ground for giving countenance to a trade reprobated by our laws. A similar arrangement by the other great powers could not fail to sweep from the ocean the slave trade without the interpolation of any new principle into the maritime code. We may be permitted to hope that the example thus set will be followed by some if not all of them. We thereby also afford suitable protection to the fair trader in those seas, thus fulfilling at the same time the dictates of a sound policy and complying with the claims of justice and humanity.

It would have furnished additional cause for congratulation if the treaty could have embraced all subjects calculated in future to lead to a misunderstanding between the two Governments. The Territory of the United States commonly called the Oregon Territory, lying on the Pacific Ocean north of the forty-second degree of latitude, to a portion of which Great Britain lays claim, begins to attract the attention of our fellow-citizens, and the tide of population which has reclaimed what was so lately an unbroken wilderness in more contiguous regions is preparing to flow over those vast districts which stretch from the Rocky Mountains to the Pacific Ocean. In advance of the acquirement of individual rights to these lands, sound policy dictates that every effort should be resorted to by the two Governments to settle their respective claims. It became manifest at an early hour of the late negotiations that any attempt for the time being satisfactorily to determine those rights would lead to a protracted discussion, which might embrace in its failure other more pressing matters, and the Executive did not regard it as proper to waive all the advantages of an honorable adjustment of other difficulties of great magnitude and importance because this, not so immediately pressing, stood in the way. Although the difficulty referred to may not for several years to come involve the peace of the two countries, yet I shall not delay to urge on Great Britain the importance of its early settlement. Nor will other matters of commercial importance to the two countries be overlooked, and I have good reason to believe that it will comport with the policy of England, as it does with that of the United States, to seize upon this moment, when most of the causes of irritation have passed away, to cement the peace and amity of the two countries by wisely removing all grounds of probable future collision.

With the other powers of Europe our relations continue on the most amicable footing. Treaties now existing with them should be rigidly observed, and every opportunity compatible with the interests of the United States should be seized upon to enlarge the basis of commercial intercourse. Peace with all the world is the true foundation of our policy, which can only be rendered permanent by the practice of equal and impartial justice to all. Our great desire should be to enter only into that rivalry which looks to the general good in the cultivation of the sciences, the enlargement of the field for the exercise of the mechanical arts, and the spread of commerce--that great civilizer--to every land and sea. Carefully abstaining from interference in all questions exclusively referring themselves to the political interests of Europe, we may be permitted to hope an equal exemption from the interference of European Governments in what relates to the States of the American continent.

On the 23d of April last the commissioners on the part of the United States under the convention with the Mexican Republic of the 11th of April, 1839, made to the proper Department a final report in relation to the proceedings of the commission. From this it appears that the total amount awarded to the claimants by the commissioners and the umpire appointed under that convention was $2,026,079.68. The arbiter having considered that his functions were required by the convention to terminate at the same time with those of the commissioners, returned to the board, undecided for want of time, claims which had been allowed by the American commissioners to the amount of $928,620.88. Other claims, in which the amount sought to be recovered was $3,336,837.05, were submitted to the board too late for its consideration. The minister of the United States at Mexico has been duly authorized to make demand for payment of the awards according to the terms of the convention and the provisions of the act of Congress of the 12th of June, 1840. He has also been instructed to communicate to that Government the expectations of the Government of the United States in relation to those claims which were not disposed of according to the provisions of the convention, and all others of citizens of the United States against the Mexican Government. He has also been furnished with other instructions, to be followed by him in case the Government of Mexico should not find itself in a condition to make present payment of the amount of the awards in specie or its equivalent.

I am happy to be able to say that information which is esteemed favorable both to a just satisfaction of the awards and a reasonable provision for other claims has been recently received from Mr. Thompson, the minister of the United States, who has promptly and efficiently executed the instructions of his Government in regard to this important subject.

The citizens of the United States who accompanied the late Texan expedition to Santa Fe, and who were wrongfully taken and held as prisoners of war in Mexico, have all been liberated.

A correspondence has taken place between the Department of State and the Mexican minister of foreign affairs upon the complaint of Mexico that citizens of the United States were permitted to give aid to the inhabitants of Texas in the war existing between her and that Republic. Copies of this correspondence are herewith communicated to Congress, together with copies of letters on the same subject addressed to the diplomatic corps at Mexico by the American minister and the Mexican secretary of state.

Mexico has thought proper to reciprocate the mission of the United States to that Government by accrediting to this a minister of the same rank as that of the representative of the United States in Mexico. From the circumstances connected with his mission favorable results are anticipated from it. It is so obviously for the interest of both countries as neighbors and friends that all just causes of mutual dissatisfaction should be removed that it is to be hoped neither will omit or delay the employment of any practicable and honorable means to accomplish that end.

The affairs pending between this Government and several others of the States of this hemisphere formerly under the dominion of Spain have again within the past year been materially obstructed by the military revolutions and conflicts in those countries.

The ratifications of the treaty between the United States and the Republic of Ecuador of the 13th of June, 1839, have been exchanged, and that instrument has been duly promulgated on the part of this Government. Copies are now communicated to Congress with a view to enable that body to make such changes in the laws applicable to our intercourse with that Republic as may be deemed requisite.

Provision has been made by the Government of Chile for the payment of the claim on account of the illegal detention of the brig _Warrior_ at Coquimbo in 1820. This Government has reason to expect that other claims of our citizens against Chile will be hastened to a final and satisfactory close.

The Empire of Brazil has not been altogether exempt from those convulsions which so constantly afflict the neighboring republics. Disturbances which recently broke out are, however, now understood to be quieted. But these occurrences, by threatening the stability of the governments, or by causing incessant and violent changes in them or in the persons who administer them, tend greatly to retard provisions for a just indemnity for losses and injuries suffered by individual subjects or citizens of other states. The Government of the United States will feel it to be its duty, however, to consent to no delay not unavoidable in making satisfaction for wrongs and injuries sustained by its own citizens. Many years having in some cases elapsed, a decisive and effectual course of proceeding will be demanded of the respective governments against whom claims have been preferred.

The vexatious, harassing, and expensive war which so long prevailed with the Indian tribes inhabiting the peninsula of Florida has happily been terminated, whereby our Army has been relieved from a service of the most disagreeable character and the Treasury from a large expenditure. Some casual outbreaks may occur, such as are incident to the close proximity of border settlers and the Indians, but these, as in all other cases, may be left to the care of the local authorities, aided when occasion may require by the forces of the United States. A sufficient number of troops will be maintained in Florida so long as the remotest apprehensions of danger shall exist, yet their duties will be limited rather to the garrisoning of the necessary posts than to the maintenance of active hostilities. It is to be hoped that a territory so long retarded in its growth will now speedily recover from the evils incident to a protracted war, exhibiting in the increased amount of its rich productions true evidences of returning wealth and prosperity. By the practice of rigid justice toward the numerous Indian tribes residing within our territorial limits and the exercise of a parental vigilance over their interests, protecting them against fraud and intrusion, and at the same time using every proper expedient to introduce among them the arts of civilized life, we may fondly hope not only to wean them from their love of war, but to inspire them with a love for peace and all its avocations. With several of the tribes great progress in civilizing them has already been made. The schoolmaster and the missionary are found side by side, and the remnants of what were once numerous and powerful nations may yet be preserved as the builders up of a new name for themselves and their posterity.

The balance in the Treasury on the 1st of January, 1842, exclusive of the amount deposited with the States, trust funds, and indemnities, was $230,483.68. The receipts into the Treasury during the three first quarters of the present year from all sources amount to $26,616,593.78, of which more than fourteen millions were received from customs and about one million from the public lands. The receipts for the fourth quarter are estimated at nearly eight millions, of which four millions are expected from customs and three millions and a half from loans and Treasury notes. The expenditures of the first three quarters of the present year exceed twenty-six millions, and those estimated for the fourth quarter amount to about eight millions; and it is anticipated there will be a deficiency of half a million on the 1st of January next, but that the amount of outstanding warrants (estimated at $800,000) will leave an actual balance of about $224,000 in the Treasury. Among the expenditures of this year are more than eight millions for the public debt and about $600,000 on account of the distribution to the States of the proceeds of sales of the public lands.

The present tariff of duties was somewhat hastily and hurriedly passed near the close of the late session of Congress. That it should have defects can therefore be surprising to no one. To remedy such defects as may be found to exist in any of its numerous provisions will not fail to claim your serious attention. It may well merit inquiry whether the exaction of all duties in cash does not call for the introduction of a system which has proved highly beneficial in countries where it has been adopted. I refer to the warehousing system. The first and most prominent effect which it would produce would be to protect the market alike against redundant or deficient supplies of foreign fabrics, both of which in the long run are injurious as well to the manufacturer as the importer. The quantity of goods in store being at all times readily known, it would enable the importer with an approach to accuracy to ascertain the actual wants of the market and to regulate himself accordingly. If, however, he should fall into error by importing an excess above the public wants, he could readily correct its evils by availing himself of the benefits and advantages of the system thus established. In the storehouse the goods imported would await the demand of the market and their issues would be governed by the fixed principles of demand and supply. Thus an approximation would be made to a steadiness and uniformity of price, which if attainable would conduce to the decided advantage of mercantile and mechanical operations.

The apprehension may be well entertained that without something to ameliorate the rigor of cash payments the entire import trade may fall into the hands of a few wealthy capitalists in this country and in Europe. The small importer, who requires all the money he can raise for investments abroad, and who can but ill afford to pay the lowest duty, would have to subduct in advance a portion of his funds in order to pay the duties, and would lose the interest upon the amount thus paid for all the time the goods might remain unsold, which might absorb his profits. The rich capitalist, abroad as well as at home, would thus possess after a short time an almost exclusive monopoly of the import trade, and laws designed for the benefit of all would thus operate for the benefit of a few--a result wholly uncongenial with the spirit of our institutions and antirepublican in all its tendencies. The warehousing system would enable the importer to watch the market and to select his own time for offering his goods for sale. A profitable portion of the carrying trade in articles entered for the benefit of drawback must also be most seriously affected without the adoption of some expedient to relieve the cash system. The warehousing system would afford that relief, since the carrier would have a safe recourse to the public storehouses and might without advancing the duty reship within some reasonable period to foreign ports. A further effect of the measure would be to supersede the system of drawbacks, thereby effectually protecting the Government against fraud, as the right of debenture would not attach to goods after their withdrawal from the public stores.