_Fellow-Citizens of the Senate and of the House of Representatives_:
The auspicious circumstances under which you will commence the duties of
the present session will lighten the burdens inseparable from the high
trust committed to you. The fruits of the earth have been unusually
abundant, commerce has flourished, the revenue has exceeded the most
favorable anticipation, and peace and amity are preserved with foreign
nations on conditions just and honorable to our country. For these
inestimable blessings we can not but be grateful to that Providence
which watches over the destiny of nations.
As the term limited for the operation of the commercial convention with
Great Britain will expire early in the month of July next, and it was
deemed important that there should be no interval during which that
portion of our commerce which was provided for by that convention should
not be regulated, either by arrangement between the two Governments or
by the authority of Congress, the minister of the United States at
London was instructed early in the last summer to invite the attention
of the British Government to the subject, with a view to that object.
He was instructed to propose also that the negotiation which it
was wished to open might extend to the general commerce of the two
countries, and to every other interest and unsettled difference between
them, particularly those relating to impressment, the fisheries, and
boundaries, in the hope that an arrangement might be made on principles
of reciprocal advantage which might comprehend and provide in a
satisfactory manner for all these high concerns. I have the satisfaction
to state that the proposal was received by the British Government in
the spirit which prompted it, and that a negotiation has been opened at
London embracing all these objects. On full consideration of the great
extent and magnitude of the trust it was thought proper to commit it to
not less than two of our distinguished citizens, and in consequence the
envoy extraordinary and minister plenipotentiary of the United States
at Paris has been associated with our envoy extraordinary and minister
plenipotentiary at London, to both of whom corresponding instructions
have been given, and they are now engaged in the discharge of its
duties. It is proper to add that to prevent any inconvenience resulting
from the delay incident to a negotiation on so many important subjects
it was agreed before entering on it that the existing convention should
be continued for a term not less than eight years.
Our relations with Spain remain nearly in the state in which they were
at the close of the last session. The convention of 1802, providing for
the adjustment of a certain portion of the claims of our citizens for
injuries sustained by spoliation, and so long suspended by the Spanish
Government, has at length been ratified by it, but no arrangement has
yet been made for the payment of another portion of like claims, not
less extensive or well founded, or for other classes of claims, or for
the settlement of boundaries. These subjects have again been brought
under consideration in both countries, but no agreement has been entered
into respecting them. In the meantime events have occurred which clearly
prove the ill effect of the policy which that Government has so long
pursued on the friendly relations of the two countries, which it is
presumed is at least of as much importance to Spain as to the United
States to maintain. A state of things has existed in the Floridas the
tendency of which has been obvious to all who have paid the slightest
attention to the progress of affairs in that quarter. Throughout
the whole of those Provinces to which the Spanish title extends the
Government of Spain has scarcely been felt. Its authority has been
confined almost exclusively to the walls of Pensacola and St. Augustine,
within which only small garrisons have been maintained. Adventurers from
every country, fugitives from justice, and absconding slaves have found
an asylum there. Several tribes of Indians, strong in the number of
their warriors, remarkable for their ferocity, and whose settlements
extend to our limits, inhabit those Provinces. These different hordes of
people, connected together, disregarding on the one side the authority
of Spain, and protected on the other by an imaginary line which
separates Florida from the United States, have violated our laws
prohibiting the introduction of slaves, have practiced various frauds
on our revenue, and committed every kind of outrage on our peaceable
citizens which their proximity to us enabled them to perpetrate. The
invasion of Amelia Island last year by a small band of adventurers, not
exceeding 150 in number, who wrested it from the inconsiderable Spanish
force stationed there, and held it several months, during which a single
feeble effort only was made to recover it, which failed, clearly proves
how completely extinct the Spanish authority had become, as the conduct
of those adventurers while in possession of the island as distinctly
shows the pernicious purposes for which their combination had been
formed.
This country had, in fact, become the theater of every species of
lawless adventure. With little population of its own, the Spanish
authority almost extinct, and the colonial governments in a state of
revolution, having no pretension to it, and sufficiently employed in
their own concerns, it was in a great measure derelict, and the object
of cupidity to every adventurer. A system of buccaneering was rapidly
organizing over it which menaced in its consequences the lawful commerce
of every nation, and particularly of the United States, while it
presented a temptation to every people, on whose seduction its success
principally depended. In regard to the United States, the pernicious
effect of this unlawful combination was not confined to the ocean;
the Indian tribes have constituted the effective force in Florida.
With these tribes these adventurers had formed at an early period a
connection with a view to avail themselves of that force to promote
their own projects of accumulation and aggrandizement. It is to the
interference of some of these adventurers, in misrepresenting the claims
and titles of the Indians to land and in practicing on their savage
propensities, that the Seminole war is principally to be traced. Men who
thus connect themselves with savage communities and stimulate them to
war, which is always attended on their part with acts of barbarity the
most shocking, deserve to be viewed in a worse light than the savages.
They would certainly have no claim to an immunity from the punishment
which, according to the rules of warfare practiced by the savages, might
justly be inflicted on the savages themselves.
If the embarrassments of Spain prevented her from making an indemnity
to our citizens for so long a time from her treasury for their losses
by spoliation and otherwise, it was always in her power to have provided
it by the cession of this territory. Of this her Government has been
repeatedly apprised, and the cession was the more to have been
anticipated as Spain must have known that in ceding it she would in
effect cede what had become of little value to her, and would likewise
relieve herself from the important obligation secured by the treaty of
1795 and all other compromitments respecting it. If the United States,
from consideration of these embarrassments, declined pressing their
claims in a spirit of hostility, the motive ought at least to have been
duly appreciated by the Government of Spain. It is well known to her
Government that other powers have made to the United States an indemnity
for like losses sustained by their citizens at the same epoch.
There is nevertheless a limit beyond which this spirit of amity and
forbearance can in no instance be justified. If it was proper to rely on
amicable negotiation for an indemnity for losses, it would not have been
so to have permitted the inability of Spain to fulfill her engagements
and to sustain her authority in the Floridas to be perverted by foreign
adventurers and savages to purposes so destructive to the lives of our
fellow-citizens and the highest interests of the United States. The
right of self-defense never ceases. It is among the most sacred, and
alike necessary to nations and to individuals, and whether the attack be
made by Spain herself or by those who abuse her power, its obligation is
not the less strong. The invaders of Amelia Island had assumed a popular
and respected title under which they might approach and wound us. As
their object was distinctly seen, and the duty imposed on the Executive
by an existing law was profoundly felt, that mask was not permitted to
protect them. It was thought incumbent on the United States to suppress
the establishment, and it was accordingly done. The combination in
Florida for the unlawful purposes stated, the acts perpetrated by that
combination, and, above all, the incitement of the Indians to massacre
our fellow-citizens of every age and of both sexes, merited a like
treatment and received it. In pursuing these savages to an imaginary
line in the woods it would have been the height of folly to have
suffered that line to protect them. Had that been done the war could
never cease. Even if the territory had been exclusively that of Spain
and her power complete over it, we had a right by the law of nations
to follow the enemy on it and to subdue him there. But the territory
belonged, in a certain sense at least, to the savage enemy who inhabited
it; the power of Spain had ceased to exist over it, and protection
was sought under her title by those who had committed on our citizens
hostilities which she was bound by treaty to have prevented, but had not
the power to prevent. To have stopped at that line would have given new
encouragement to these savages and new vigor to the whole combination
existing there in the prosecution of all its pernicious purposes.
In suppressing the establishment at Amelia Island no unfriendliness was
manifested toward Spain, because the post was taken from a force which
had wrested it from her. The measure, it is true, was not adopted in
concert with the Spanish Government or those in authority under it,
because in transactions connected with the war in which Spain and the
colonies are engaged it was thought proper in doing justice to the
United States to maintain a strict impartiality toward both the
belligerent parties without consulting or acting in concert with either.
It gives me pleasure to state that the Governments of Buenos Ayres and
Venezuela, whose names were assumed, have explicitly disclaimed all
participation in those measures, and even the knowledge of them until
communicated by this Government, and have also expressed their
satisfaction that a course of proceedings had been suppressed which if
justly imputable to them would dishonor their cause.
In authorizing Major-General Jackson to enter Florida in pursuit of the
Seminoles care was taken not to encroach on the rights of Spain. I
regret to have to add that in executing this order facts were disclosed
respecting the conduct of the officers of Spain in authority there in
encouraging the war, furnishing munitions of war and other supplies to
carry it on, and in other acts not less marked which evinced their
participation in the hostile purposes of that combination and justified
the confidence with which it inspired the savages that by those officers
they would be protected. A conduct so incompatible with the friendly
relations existing between the two countries, particularly with the
positive obligation of the fifth article of the treaty of 1795, by which
Spain was bound to restrain, even by force, those savages from acts of
hostility against the United States, could not fail to excite surprise.
The commanding general was convinced that he should fail in his object,
that he should in effect accomplish nothing, if he did not deprive
those savages of the resource on which they had calculated and of the
protection on which they had relied in making the war. As all the
documents relating to this occurrence will be laid before Congress,
it is not necessary to enter into further detail respecting it.
Although the reasons which induced Major-General Jackson to take these
posts were duly appreciated, there was nevertheless no hesitation in
deciding on the course which it became the Government to pursue. As
there was reason to believe that the commanders of these posts had
violated their instructions, there was no disposition to impute to
their Government a conduct so unprovoked and hostile. An order was
in consequence issued to the general in command there to deliver the
posts--Pensacola unconditionally to any person duly authorized to
receive it, and St. Marks, which is in the heart of the Indian country,
on the arrival of a competent force to defend it against those savages
and their associates.
In entering Florida to suppress this combination no idea was entertained
of hostility to Spain, and however justifiable the commanding general
was, in consequence of the misconduct of the Spanish officers, in
entering St. Marks and Pensacola to terminate it by proving to the
savages and their associates that they should not be protected even
there, yet the amicable relations existing between the United States
and Spain could not be altered by that act alone. By ordering the
restitution of the posts those relations were preserved. To a change
of them the power of the Executive is deemed incompetent; it is vested
in Congress only.
By this measure, so promptly taken, due respect was shown to the
Government of Spain. The misconduct of her officers has not been imputed
to her. She was enabled to review with candor her relations with the
United States and her own situation, particularly in respect to the
territory in question, with the dangers inseparable from it, and
regarding the losses we have sustained for which indemnity has been so
long withheld, and the injuries we have suffered through that territory,
and her means of redress, she was likewise enabled to take with honor
the course best calculated to do justice to the United States and to
promote her own welfare.
Copies of the instructions to the commanding general, of his
correspondence with the Secretary of War, explaining his motives
and justifying his conduct, with a copy of the proceedings of the
courts-martial in the trial of Arbuthnot and Ambristie, and of the
correspondence between the Secretary of State and the minister
plenipotentiary of Spain near this Government, and of the minister
plenipotentiary of the United States at Madrid with the Government
of Spain, will be laid before Congress.
The civil war which has so long prevailed between Spain and the
Provinces in South America still continues, without any prospect of
its speedy termination. The information respecting the condition of
those countries which has been collected by the commissioners recently
returned from thence will be laid before Congress in copies of their
reports, with such other information as has been received from other
agents of the United States.
It appears from these communications that the Government at Buenos Ayres
declared itself independent in July, 1816, having previously exercised
the power of an independent government, though in the name of the King
of Spain, from the year 1810; that the Banda Oriental, Entre Rios, and
Paraguay, with the city of Santa Fee, all of which are also independent,
are unconnected with the present Government of Buenos Ayres; that Chili
has declared itself independent and is closely connected with Buenos
Ayres; that Venezuela has also declared itself independent, and now
maintains the conflict with various success; and that the remaining
parts of South America, except Monte Video and such other portions of
the eastern bank of the La Plata as are held by Portugal, are still in
the possession of Spain or in a certain degree under her influence.
By a circular note addressed by the ministers of Spain to the allied
powers, with whom they are respectively accredited, it appears that the
allies have undertaken to mediate between Spain and the South American
Provinces, and that the manner and extent of their interposition would
be settled by a congress which was to have met at Aix-la-Chapelle
in September last. From the general policy and course of proceeding
observed by the allied powers in regard to this contest it is inferred
that they will confine their interposition to the expression of their
sentiments, abstaining from the application of force. I state this
impression that force will not be applied with the greater satisfaction
because it is a course more consistent with justice and likewise
authorizes a hope that the calamities of the war will be confined
to the parties only, and will be of shorter duration.
From the view taken of this subject, founded on all the information that
we have been able to obtain, there is good cause to be satisfied with
the course heretofore pursued by the United States in regard to this
contest, and to conclude that it is proper to adhere to it, especially
in the present state of affairs.
I have great satisfaction in stating that our relations with France,
Russia, and other powers continue on the most friendly basis.
In our domestic concerns we have ample cause of satisfaction. The
receipts into the Treasury during the three first quarters of the year
have exceeded $17,000,000.
After satisfying all the demands which have been made under existing
appropriations, including the final extinction of the old 6 per cent
stock and the redemption of a moiety of the Louisiana debt, it is
estimated that there will remain in the Treasury on the 1st day of
January next more than $2,000,000.
It is ascertained that the gross revenue which has accrued from the
customs during the same period amounts to $21,000,000, and that the
revenue of the whole year may be estimated at not less than $26,000,000.
The sale of the public lands during the year has also greatly exceeded,
both in quantity and price, that of any former year, and there is just
reason to expect a progressive improvement in that source of revenue.
It is gratifying to know that although the annual expenditure has been
increased by the act of the last session of Congress providing for
Revolutionary pensions to an amount about equal to the proceeds of the
internal duties which were then repealed, the revenue for the ensuing
year will be proportionally augmented, and that whilst the public
expenditure will probably remain stationary, each successive year will
add to the national resources by the ordinary increase of our population
and by the gradual development of our latent sources of national
prosperity.
The strict execution of the revenue laws, resulting principally from
the salutary provisions of the act of the 20th of April last amending
the several collection laws, has, it is presumed, secured to domestic
manufactures all the relief that can be derived from the duties which
have been imposed upon foreign merchandise for their protection. Under
the influence of this relief several branches of this important national
interest have assumed greater activity, and although it is hoped that
others will gradually revive and ultimately triumph over every obstacle,
yet the expediency of granting further protection is submitted to your
consideration.
The measures of defense authorized by existing laws have been pursued
with the zeal and activity due to so important an object, and with all
the dispatch practicable in so extensive and great an undertaking. The
survey of our maritime and inland frontiers has been continued, and at
the points where it was decided to erect fortifications the work has
been commenced, and in some instances considerable progress has been
made. In compliance with resolutions of the last session, the Board of
Commissioners were directed to examine in a particular manner the parts
of the coast therein designated and to report their opinion of the
most suitable sites for two naval depots. This work is in a train of
execution. The opinion of the Board on this subject, with a plan of all
the works necessary to a general system of defense so far as it has been
formed, will be laid before Congress in a report from the proper
department as soon as it can be prepared.
In conformity with the appropriations of the last session, treaties have
been formed with the Quapaw tribe of Indians, inhabiting the country on
the Arkansaw, and with the Great and Little Osages north of the White
River; with the tribes in the State of Indiana; with the several tribes
within the State of Ohio and the Michigan Territory, and with the
Chickasaws, by which very extensive cessions of territory have been made
to the United States. Negotiations are now depending with the tribes in
the Illinois Territory and with the Choctaws, by which it is expected
that other extensive cessions will be made. I take great interest
in stating that the cessions already made, which are considered so
important to the United States, have been obtained on conditions very
satisfactory to the Indians.
With a view to the security of our inland frontiers, it has been thought
expedient to establish strong posts at the mouth of Yellow Stone River
and at the Mandan village on the Missouri, and at the mouth of St.
Peters on the Mississippi, at no great distance from our northern
boundaries. It can hardly be presumed while such posts are maintained
in the rear of the Indian tribes that they will venture to attack our
peaceable inhabitants. A strong hope is entertained that this measure
will likewise be productive of much good to the tribes themselves,
especially in promoting the great object of their civilization.
Experience has clearly demonstrated that independent savage communities
can not long exist within the limits of a civilized population.
The progress of the latter has almost invariably terminated in the
extinction of the former, especially of the tribes belonging to our
portion of this hemisphere, among whom loftiness of sentiment and
gallantry in action have been conspicuous. To civilize them, and even
to prevent their extinction, it seems to be indispensable that their
independence as communities should cease, and that the control of the
United States over them should be complete and undisputed. The hunter
state will then be more easily abandoned, and recourse will be had to
the acquisition and culture of land and to other pursuits tending to
dissolve the ties which connect them together as a savage community and
to give a new character to every individual. I present this subject to
the consideration of Congress on the presumption that it may be found
expedient and practicable to adopt some benevolent provisions, having
these objects in view, relative to the tribes within our settlements.
It has been necessary during the present year to maintain a strong naval
force in the Mediterranean and in the Gulf of Mexico, and to send some
public ships along the southern coast and to the Pacific Ocean. By
these means amicable relations with the Barbary Powers have been
preserved, our commerce has been protected, and our rights respected.
The augmentation of our Navy is advancing with a steady progress toward
the limit contemplated by law.
I communicate with great satisfaction the accession of another State
(Illinois) to our Union, because I perceive from the proof afforded by
the additions already made the regular progress and sure consummation of
a policy of which history affords no example, and of which the good
effect can not be too highly estimated. By extending our Government on
the principles of our Constitution over the vast territory within our
limits, on the Lakes and the Mississippi and its numerous streams, new
life and vigor are infused into every part of our system. By increasing
the number of the States the confidence of the State governments in
their own security is increased and their jealousy of the National
Government proportionally diminished. The impracticability of one
consolidated government for this great and growing nation will be more
apparent and will be universally admitted. Incapable of exercising local
authority except for general purposes, the General Government will
no longer be dreaded. In those cases of a local nature and for all
the great purposes for which it was instituted its authority will be
cherished. Each government will acquire new force and a greater freedom
of action within its proper sphere. Other inestimable advantages will
follow. Our produce will be augmented to an incalculable amount in
articles of the greatest value for domestic use and foreign commerce.
Our navigation will in like degree be increased, and as the shipping of
the Atlantic States will be employed in the transportation of the vast
produce of the Western country, even those parts of the United States
which are most remote from each other will be further bound together by
the strongest ties which mutual interest can create.
The situation of this District, it is thought, requires the attention of
Congress. By the Constitution the power of legislation is exclusively
vested in the Congress of the United States. In the exercise of this
power, in which the people have no participation, Congress legislate in
all cases directly on the local concerns of the District. As this is a
departure, for a special purpose, from the general principles of our
system, it may merit consideration whether an arrangement better adapted
to the principles of our Government and to the particular interests
of the people may not be devised which will neither infringe the
Constitution nor affect the object which the provision in question
was intended to secure. The growing population, already considerable,
and the increasing business of the District, which it is believed
already interferes with the deliberations of Congress on great national
concerns, furnish additional motives for recommending this subject to
your consideration.
When we view the great blessings with which our country has been
favored, those which we now enjoy, and the means which we possess of
handing them down unimpaired to our latest posterity, our attention is
irresistibly drawn to the source from whence they flow. Let us, then,
unite in offering our most grateful acknowledgments for these blessings
to the Divine Author of All Good.