FIRST ANNUAL MESSAGE.

_Fellow-Citizens of the Senate and 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 the

important duties to which you have been called by the voice of our

countrymen. The task devolves on me, under a provision of the

Constitution, to present to you, as the Federal Legislature of

twenty-four sovereign States and 12,000,000 happy people, a view 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 all 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

enjoyed 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 difference between us and other powers of

deep interest as well to the country at large as to many of our

citizens. To effect an adjustment of these shall continue to be the

object of my earnest endeavors, and notwithstanding the difficulties of

the task, I do not allow myself to apprehend unfavorable results.

Blessed as our country is with everything which constitutes national

strength, she is fully adequate to the maintenance of all her interests.

In discharging the responsible trust confided to the Executive in this

respect it is my settled purpose 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 shall be able, under the

protection of Providence, to cause all our just rights to be respected.

Of the unsettled matters between the United States and other powers, the

most prominent are those which have for years been the subject of

negotiation with England, France, and Spain. The late periods at which

our ministers to those Governments left the United States render it

impossible at this early day to inform you of what has been done on the

subjects with which they have been respectively charged. Relying upon

the justice of our views in relation to the points committed to

negotiation and the reciprocal good feeling which characterizes our

intercourse with those nations, we have the best reason to hope for a

satisfactory adjustment of existing differences.

With Great Britain, alike distinguished in peace and war, we may look

forward to years of peaceful, honorable, and elevated competition.

Everything in the condition and history of the 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

relations. 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

toward this country, I indulge the hope that it will be of a just and

pacific character; 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 the

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 characterize the acts of

sovereign States seeking to adjust by the most unexceptionable means

important and delicate 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 interests at the Court of the Sovereign who has

evinced his friendly disposition by assuming the delicate task of

arbitration have been committed to a citizen of the State of Maine,

whose character, talents, and intimate acquaintance with the 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 independence of the illustrious arbitrator, we can have

nothing to apprehend from the result.

From France, our ancient ally, we have a right to expect that justice

which becomes the sovereign of a powerful, intelligent, and magnanimous

people. The beneficial effects produced by the commercial convention 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

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 depredations upon their property, long since committed

under the authority, and in many instances by the express direction, of

the then existing Government 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 enlightened governments as on the known

integrity of the French Monarch, 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 satisfaction is required.

Our minister recently appointed to Spain has been authorized 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

population, and great power high in the rank of nations, the United

States have always found a steadfast friend. Although her recent

invasion of Turkey awakened a lively sympathy for those who were exposed

to the desolations of war, we can not but anticipate that the result

will prove favorable 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

unsuccessful attempt to obtain it was renewed under circumstances which

promised the most favorable results. Although these results have

fortunately been thus in part attained, further facilities to the

enjoyment of this new field for the enterprise of our citizens are, in

my opinion, sufficiently desirable to insure 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 completed

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

himself 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 which the representative in

question was appointed. This information being received, the application

of the established 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 behalf

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

reasonable ground to hope that this single subject of difference 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 adequate force

in the Mediterranean, as security for the continuance of this

tranquillity, will be persevered in, as well as a similar one for the

protection of our commerce and fisheries in the Pacific.

The southern Republics of our own hemisphere have not yet realized 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 efforts in the cause of

self-government, 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 perhaps forever stifled, in that Republic

by the love of independence. If it be true, as appearances strongly

indicate, that the spirit of independence is the master spirit, and if a

corresponding sentiment prevails in the other States, this devotion to

liberty can not be without a proper effect upon the counsels of the

mother country. The adoption by Spain of a pacific policy toward her

former colonies--an event consoling to humanity, and a blessing to the

world, in which she herself can not fail largely to participate--may be

most reasonably 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 received 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 I 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

success 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

United States have had an unfortunate influence upon the affairs of the

two countries, and have diminished that usefulness to his own which was

justly 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

interesting 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 circumstances 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 could be

dispatched a communication was received from the Government of Mexico,

through its chargé d'affaires 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 toward that Republic has been

uniformly of the most friendly character, and having thus removed the

only alleged obstacle to harmonious intercourse, I can not but hope that

an advantageous change will occur in our affairs.

In justice to Mr. Poinsett it is proper to say that my immediate

compliance with the application for his recall and the appointment of a

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 federal

Government of Mexico in its communications with this.

I consider it one of the most urgent of my duties to bring to your

attention the propriety of amending that part of our Constitution which

relates to the election of President and Vice-President. Our system of

government was by its framers deemed an experiment, and they therefore

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.

Experience proves that in proportion as agents to execute the will of

the people 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

interests 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 people may not be always ascertained, or, if ascertained, may not be

regarded. From the mode of voting by States the choice is to be made by

24 votes, and it may often occur that one of these will be controlled by

an individual Representative. Honors and offices are at the disposal of

the successful candidate. Repeated ballotings may make it apparent 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 motives by which it

may be assailed, the will of the people is still constantly 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

reasonably 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

can not 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, then, endeavor so to amend our system that the

office 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 the President and

Vice-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

between the two highest candidates. In connection with such an amendment

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 offices

of trust and profit it will be the practice, even under the most

conscientious adherence to duty, to select them for such stations as

they are 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 gift 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, perhaps, except these from the exclusion.

There are, perhaps, few men who can for any great length of time enjoy

office and power without being more or less under the influence of

feelings unfavorable to the faithful discharge of their public duties.

Their integrity may be proof against improper considerations immediately

addressed 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 unpracticed man would revolt. Office is considered as a

species of property, and government rather as a means of promoting

individual interests than as an instrument created solely for the

service of the people. Corruption in 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 can not 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 efficiency 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 where offices are created solely for the benefit of the

people no one man has any more intrinsic right to official station than

another. Offices were not established to give support to particular men

at the public expense. No individual wrong is, therefore, done by

removal, since neither appointment 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, and they alone, who

have a right to complain when a bad officer is substituted for a good

one. He who is removed 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 Congress

in the condition of either our agriculture, commerce, or manufactures.

The operation of the tariff has not proved so injurious to the two

former or as beneficial to the latter as was anticipated. Importations

of foreign goods have not been sensibly diminished, while domestic

competition, under an illusive excitement, has increased the production

much beyond the demand for home consumption. The consequences have been

low prices, temporary embarrassment, and partial loss. That such of our

manufacturing establishments as are based upon capital and are prudently

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

Government; 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 manufacture 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 reflect

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

promote the great interests of the whole. All attempts to connect them

with the party conflicts of the day are necessarily injurious, and

should be discountenanced. Our action upon them should be under the

control of higher 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 compact and still sustains it. Discarding all

calculations of political ascendency, the North, the South, the East,

and the West should unite in diminishing any burthen of which either may

justly complain.

The agricultural interest of our country is so essentially connected

with every other and so superior in importance to them all that it is

scarcely necessary to invite to it your particular attention. It is

principally as manufactures and commerce tend to increase the value of

agricultural productions and to extend their 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

can not come in competition with our own productions are the 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

largely into the consumption of the country, and have 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

produced by imposts and tonnage, notwithstanding the additional duties

imposed by the act of 19th May, 1828, and the unusual importations in

the early part of that year.

The balance in the Treasury on January 1, 1829, was $5,972,435.81. The

receipts of the current year are estimated at $24,602,230 and the

expenditures for the same time at $26,164,595, leaving a balance in the

Treasury on the 1st of January next of $4,410,070.81.

There will have been paid on account of the public debt during the

present year the sum of $12,405,005.80, reducing the whole debt of the

Government on the 1st of January next to $48,565,406.50, including seven

millions of 5 per cent stock subscribed to the Bank of the United

States. The payment on account of public debt made on the 1st of July

last was $8,715,462.87. 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 accommodations. But this evil was wholly

averted by an early anticipation 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

aspect highly flattering to its industry and auspicious of the ability

of Government 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

patriotic affection, but additional means for the display of individual

enterprise. The fiscal power of the States will also be increased, and

may be more extensively exerted in favor of education and other public

objects, while ample means will remain in the Federal Government to

promote the general weal in all the modes permitted to its authority.

After the extinction of the public debt it is not probable 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. 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. Considered in connection with the difficulties

which have heretofore attended appropriations for purposes of internal

improvement, and with those which this experience 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 interests of the States

and strengthen the bonds which unite them. Every member of the Union, in

peace and in war, will be benefited by the improvement 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

federal disposition which could be made of the surplus revenue would be

its apportionment among the several States according to their ratio of

representation, and should this measure not be found warranted by the

Constitution that it would be expedient to propose to the States an

amendment authorizing it. I regard an appeal to the source of power in

cases of real doubt, and where its exercise is deemed indispensable to

the general 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 was intended to be a government of limited

and specific, and not general, powers must be admitted by all, and it is

our duty to preserve 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 preservation 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 it--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 can not, therefore, too strongly or too

earnestly, for my own sense of its importance, warn you against all

encroachments upon the legitimate sphere of State sovereignty. Sustained

by its healthful and invigorating influence the federal system can never

fall.

In the collection of the revenue the long credits authorized on goods

imported from beyond the Cape of Good Hope are the chief cause of the

losses at present sustained. If these were shortened to six, nine, and

twelve months, and warehouses provided by Government sufficient to

receive the goods offered in deposit for security and for debenture, and

if the right of the United States to a priority of payment out of the

estates 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,

recommended 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 illicit

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 can not

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

outstanding. Of the sum thus due from individuals to the Government a

considerable 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

recovered; and whatever may be the portions respectively belonging to

these two classes, it behooves 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 believed 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 constantly 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 encumbered 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

subjected to the supervision of such professional skill as will give it

efficiency. The expense attendant upon such a modification of the

executive department 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 in all respects as the heads of the other Departments,

receiving like compensation and having such subordinate officers

provided for his Department 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 offenses against the United States. In making

this transfer great care should be taken, however, that the power

necessary to the Treasury Department be not impaired, one of its

greatest securities consisting in a control over all accounts until they

are audited or reported for suit.

In connection with the foregoing views I would suggest also an inquiry

whether the provisions of the act of Congress authorizing the discharge

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

prevails 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 demand instigates to fraud 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 oppressive debt is the bane of enterprise, and it should be

the care of a republic 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

cognizance of the United States court for this district by a criminal

prosecution. It was my opinion and that of able counsel who were

consulted that the cases came within the penalties of the act of the

Seventeenth Congress approved 3d March, 1823, providing for the

punishment of frauds committed on the Government of the United States.

Either from some defect in the law or in its administration every

effort, 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

therefore my duty to call your attention to the laws which have been

passed for the protection of the Treasury. If, indeed, there be no

provision by which those who may be unworthily intrusted with its

guardianship can be punished for the most flagrant violation 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 omission; or if

the law has been perverted from its original purposes, and criminals

deserving to be punished under its provisions have been rescued by legal

subtleties, it ought to be made so plain by amendatory provisions 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 the prosecution

was barred by the statute which limits prosecutions for fraud to two

years. In this case all the evidences of the fraud, and, indeed, all

knowledge 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 alteration 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 office to commence their prosecution.

In connection 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

retrenched, 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 defense 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

regularity and order highly creditable to its character. Both officers

and soldiers seem imbued with a proper sense of duty, and conform to the

restraints 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

military establishment, remaining unexecuted as it regards the command

of one of the regiments of artillery, can not now be deemed a guide to

the Executive in making the proper appointment. An explanatory act,

designating 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 $2,500, but are silent as to

allowances which in certain exigencies of the service may be deemed

indispensable to the discharge of their duties. This circumstance has

been the authority for extending to them various allowances 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 accountants may

operate unequally, produce confusion, and expose officers to the odium

of claiming what is not their due.

I recommend to your fostering care, as one of our safest means of

national defense, the Military Academy. This institution has already

exercised 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

establishing 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

materially 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. Before this period, however,

applications under the new regulation had been preferred to the number

of 154, of which, on the 27th March, the date of its revocation, 87 were

admitted. For the amount there was neither estimate nor appropriation;

and besides this deficiency, the regular allowances, according to the

rules which have heretofore governed the Department, exceed the estimate

of its late Secretary by about $50,000, for 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 can not obviate the embarrassments occasioned by the

diminution of the dividends on that fund, which originally amounted to

$100,000, and has recently been invested in United States 3 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

importance. 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 farther 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 defeated its own policy, and the Indians in general, receding

farther and farther to the west, have retained their savage habits. A

portion, however, 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 Alabama. These States, claiming to be the only sovereigns

within their territories, 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 pretensions. 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

foreign and independent government to establish itself there. Georgia

became 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

subsequently recognized 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 permit the Penobscot tribe to erect an independent government

within their State? And unless they did would it not be the duty of the

General Government to support them in resisting such a measure? Would

the people of New York permit each remnant of the Six Nations within her

borders 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

principle 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

independent government would not be countenanced by the Executive of the

United States, and advised them to emigrate beyond the Mississippi or

submit to the laws of those States.

Our conduct toward 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 persuasion and

force they have been made to retire from river to river and from

mountain to mountain, until some of the tribes have become extinct and

others have left but remnants to preserve for awhile their once terrible

names. Surrounded by the whites 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

their territory within the bounds of new States, whose limits they could

control. That step can not be retraced. A State can not be dismembered

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 a regard for our national honor, submit to you the

interesting question whether something can not 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

guaranteed to the Indian tribes as long as they shall occupy it, each

tribe having a distinct control over the portion designated for its use.

There they may be secured in the enjoyment of governments of their own

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 civilization, and, by promoting union and harmony among them, to

raise up an interesting commonwealth, destined to perpetuate the race

and to attest 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 within 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

suppose that in this state of things claims can be allowed on tracts of

country 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

standing security of this country against foreign aggression, it claims

the especial attention of Government. In this spirit the measures which

since the termination of the last war have been in operation for its

gradual enlargement were adopted, and it should continue to be cherished

as the offspring of our national experience. It will be seen, however,

that notwithstanding the great solicitude which has been manifested for

the perfect 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 requisite

to the protection of our commerce. Those not wanted for this object must

lay in the harbors, where without proper covering they rapidly 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 committed

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 deposits in navy-yards of timber and other

materials, fashioned under the hands of skillful workmen and fitted for

prompt application to their various purposes, would enable us at all

times to construct 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 recommending it to your attention I deem it unnecessary to do

more than express my hearty concurrence in their views. The yard in this

District, being already furnished with most of the machinery necessary

for shipbuilding, 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 those 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

responsibility which can not 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 artillery

or infantry, as the best mode of curing the many defects in its

organization. But little exceeding in number any of the regiments of

infantry, that corps has, besides its lieutenant-colonel commandant,

five brevet 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 artillery or infantry,

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

everything 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 employed in securing the interests of the country, will appear

from the report 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 been

reformed, increased expedition in the transportation of the mail

secured, and its revenue much improved. In a political point of view

this Department is chiefly important as affording the means of diffusing

knowledge. It is to the body politic what the veins and arteries are to

the natural--conveying rapidly and regularly to the remotest parts of

the system correct information of the operations of the Government, and

bringing 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

presents itself in the present organization of the judiciary. An uniform

operation of the Federal Government in the different States is certainly

desirable, and existing as they do in the Union on the basis of perfect

equality, each State has a right to expect that the benefits conferred

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 altogether denied. The effect has

been to withhold from the inhabitants of the latter the advantages

afforded (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 be remedied,

if it can be done consistently with the public welfare, is not to be

doubted. Neither is it to be disguised that the organization of our

judicial system is at once a difficult and delicate task. To extend the

circuit courts equally throughout the different parts of the Union, and

at the same time to avoid such a multiplication of members as would

encumber the supreme appellate tribunal, is the object desired. Perhaps

it might be accomplished by dividing the circuit judges into two

classes, and providing that the Supreme Court should be held by these

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 insure 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

independent 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

imperceptibly, the already too strong bias of the federal system toward

the exercise of authority not delegated to it. I am not, therefore,

disposed to revive the recommendation, but am not the less impressed

with the importance of so organizing that Department that its Secretary

may devote more of his time to our foreign relations. Clearly satisfied

that the public 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 will most probably apply for a renewal of their privileges.

In order to avoid the evils resulting from precipitancy in a measure

involving such important principles and such deep pecuniary interests, I

feel that I can not, in justice 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 failed 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, I submit to the wisdom of the

Legislature whether a national one, founded upon the credit of the

Government and its revenues, might not be devised which would avoid all

constitutional 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 can not close this communication without bringing to your view the

just claim of the representatives of Commodore Decatur, his officers and

crew, arising from the recapture 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,

where every individual enjoys the right of directly petitioning

Congress, yet, viewing this case as one of very peculiar character, I

deem it my duty to recommend it to your favorable consideration. Besides

the justice of this claim, as corresponding to those which have been

since recognized and satisfied, it is the fruit of a deed of patriotic

and chivalrous daring which infused life and confidence into our infant

Navy and contributed as much as any exploit in its history to elevate

our national character. 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.

December 8, 1829.

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