will be greatly promoted by the new arrangement there can be no doubt.
Independently of the more obvious advantages of an open and direct
intercourse, its establishment will be attended with other consequences
of a higher value. That which has been carried on since the mutual
interdict under all the expense and inconvenience unavoidably incident
to it would have been insupportably onerous had it not been in a great
degree lightened by concerted evasions in the mode of making the
transshipments at what are called the neutral ports. These indirections
are inconsistent with the dignity of nations that have so many motives
not only to cherish feelings of mutual friendship, but to maintain such
relations as will stimulate their respective citizens and subjects to
efforts of direct, open, and honorable competition only, and preserve
them from the influence of seductive and vitiating circumstances.
When your preliminary interposition was asked at the close of the last
session, a copy of the instructions under which Mr. McLane has acted,
together with the communications which had at that time passed between
him and the British Government, was laid before you. Although there has
not been any thing in the acts of the two Governments which requires
secrecy, it was thought most proper in the then state of the
negotiation to make that communication a confidential one. So soon,
however, as the evidence of execution on the part of Great Britain is
received the whole matter shall be laid before you, when it will be
seen that the apprehension which appears to have suggested one of the
provisions of the act passed at your last session, that the restoration
of the trade in question might be connected with other subjects and was
sought to be obtained at the sacrifice of the public interest in other
particulars, was wholly unfounded, and that the change which has taken
place in the views of the British Government has been induced by
considerations as honorable to both parties as I trust the result will
prove beneficial.
This desirable result was, it will be seen, greatly promoted by the
liberal and confiding provisions of the act of Congress of the last
session, by which our ports were upon the reception and annunciation by
the President of the required assurance on the part of Great Britain
forthwith opened to her vessels before the arrangement could be carried
into effect on her part, pursuing in this act of prospective
legislation a similar course to that adopted by Great Britain in
abolishing, by her act of Parliament in 1825, a restriction then
existing and permitting our vessels to clear from the colonies on their
return voyages for any foreign country whatever before British vessels
had been relieved from the restriction imposed by our law of returning
directly from the United States to the colonies, a restriction which
she required and expected that we should abolish. Upon each occasion a
limited and temporary advantage has been given to the opposite party,
but an advantage of no importance in comparison with the restoration of
mutual confidence and good feeling, and the ultimate establishment of
the trade upon fair principles.
It gives me unfeigned pleasure to assure you that this negotiation has
been throughout characterized by the most frank and friendly spirit on
the part of Great Britain, and concluded in a manner strongly
indicative of a sincere desire to cultivate the best relations with the
United States. To reciprocate this disposition to the fullest extent of
my ability is a duty which I shall deem it a privilege to discharge.
Although the result is itself the best commentary on the services
rendered to his country by our minister at the Court of St. James, it
would be doing violence to my feelings were I to dismiss the subject
without expressing the very high sense I entertain of the talent and
exertion which have been displayed by him on the occasion.
The injury to the commerce of the United States resulting from the
exclusion of our vessels from the Black Sea and the previous footing of
mere sufferance upon which even the limited trade enjoyed by us with
Turkey has hitherto been placed have for a long time been a source of
much solicitude to this Government, and several endeavors have been
made to obtain a better state of things. Sensible of the importance of
the object, I felt it my duty to leave no proper means unemployed to
acquire for our flag the same privileges that are enjoyed by the
principal powers of Europe. Commissioners were consequently appointed
to open a negotiation with the Sublime Porte. Not long after the member
of the commission who went directly from the United States had sailed,
the account of the treaty of Adrianople, by which one of the objects in
view was supposed to be secured, reached this country. The Black Sea
was understood to be opened to us. Under the supposition that this was
the case, the additional facilities to be derived from the
establishment of commercial regulations with the Porte were deemed of
sufficient importance to require a prosecution of the negotiation as
originally contemplated. It was therefore persevered in, and resulted
in a treaty, which will be forthwith laid before the Senate.
By its provisions a free passage is secured, without limitations of
time, to the vessels of the United States to and from the Black Sea,
including the navigation thereof, and our trade with Turkey is placed
on the footing of the most favored nation. The latter is an arrangement
wholly independent of the treaty of Adrianople, and the former derives
much value, not only from the increased security which under any
circumstances it would give to the right in question, but from the
fact, ascertained in the course of the negotiation, that by the
construction put upon that treaty by Turkey the article relating to the
passage of the Bosphorus is confined to nations having treaties with
the Porte. The most friendly feelings appear to be entertained by the
Sultan, and an enlightened disposition is evinced by him to foster the
intercourse between the two countries by the most liberal arrangements.
This disposition it will be our duty and interest to cherish.
Our relations with Russia are of the most stable character. Respect for
that Empire and confidence in its friendship toward the United States
have been so long entertained on our part and so carefully cherished by
the present Emperor and his illustrious predecessor as to have become
incorporated with the public sentiment of the United States. No means
will be left unemployed on my part to promote these salutary feelings
and those improvements of which the commercial intercourse between the
two countries is susceptible, and which have derived increased
importance from our treaty with the Sublime Porte.
I sincerely regret to inform you that our minister lately commissioned
to that Court, on whose distinguished talents and great experience in
public affairs I place great reliance, has been compelled by extreme
indisposition to exercise a privilege which, in consideration of the
extent to which his constitution had been impaired in the public
service, was committed to his discretion--of leaving temporarily his
post for the advantage of a more genial climate.
If, as it is to be hoped, the improvement of his health should be such
as to justify him in doing so, he will repair to St. Petersburg and
resume the discharge of his official duties. I have received the most
satisfactory assurances that in the mean time the public interest in
that quarter will be preserved from prejudice by the intercourse which
he will continue through the secretary of legation with the Russian
cabinet.
You are apprised, although the fact has not yet been officially
announced to the House of Representatives, that a treaty was in the
month of March last concluded between the United States, and Denmark,
by which $650 thousand are secured to our citizens as an indemnity for
spoliations upon their commerce in the years 1808, 1809, 1810, and
1811. This treaty was sanctioned by the Senate at the close of its last
session, and it now becomes the duty of Congress to pass the necessary
laws for the organization of the board of commissioners to distribute
the indemnity among the claimants. It is an agreeable circumstance in
this adjustment that the terms are in conformity with the previously
ascertained views of the claimants themselves, thus removing all
pretense for a future agitation of the subject in any form.
The negotiations in regard to such points in our foreign relations as
remain to be adjusted have been actively prosecuted during the recess.
Material advances have been made, which are of a character to promise
favorable results. Our country, by the blessing of God, is not in a
situation to invite aggression, and it will be our fault if she ever
becomes so. Sincerely desirous to cultivate the most liberal and
friendly relations with all; ever ready to fulfill our engagements with
scrupulous fidelity; limiting our demands upon others to mere justice;
holding ourselves ever ready to do unto them as we would wish to be
done by, and avoiding even the appearance of undue partiality to any
nation, it appears to me impossible that a simple and sincere
application of our principles to our foreign relations can fail to
place them ultimately upon the footing on which it is our wish they
should rest.
Of the points referred to, the most prominent are our claims upon
France for spoliations upon our commerce; similar claims upon Spain,
together with embarrassments in the commercial intercourse between the
two countries which ought to be removed; the conclusion of the treaty
of commerce and navigation with Mexico, which has been so long in
suspense, as well as the final settlement of limits between ourselves
and that Republic, and, finally, the arbitrament of the question
between the United States and Great Britain in regard to the
north-eastern boundary.
The negotiation with France has been conducted by our minister with
zeal and ability, and in all respects to my entire satisfaction.
Although the prospect of a favorable termination was occasionally
dimmed by counter pretensions to which the United States could not
assent, he yet had strong hopes of being able to arrive at a
satisfactory settlement with the late Government. The negotiation has
been renewed with the present authorities, and, sensible of the general
and lively confidence of our citizens in the justice and magnanimity of
regenerated France, I regret the more not to have it in my power yet to
announce the result so confidently anticipated. No ground, however,
inconsistent with this expectation has yet been taken, and I do not
allow myself to doubt that justice will soon be done us. The amount of
the claims, the length of time they have remained unsatisfied, and
their incontrovertible justice make an earnest prosecution of them by
this Government an urgent duty. The illegality of the seizures and
confiscations out of which they have arisen is not disputed, and what
ever distinctions may have heretofore been set up in regard to the
liability of the existing Government it is quite clear that such
considerations can not now be interposed.
The commercial intercourse between the two countries is susceptible of
highly advantageous improvements, but the sense of this injury has had,
and must continue to have, a very unfavorable influence upon them. From
its satisfactory adjustment not only a firm and cordial friendship, but
a progressive development of all their relations, may be expected. It
is, therefore, my earnest hope that this old and vexatious subject of
difference may be speedily removed.
I feel that my confidence in our appeal to the motives which should
govern a just and magnanimous nation is alike warranted by the
character of the French people and by the high voucher we possess for
the enlarged views and pure integrity of the Monarch who now presides
over their councils, and nothing shall be wanting on my part to meet
any manifestation of the spirit we anticipate in one of corresponding
frankness and liberality.
The subjects of difference with Spain have been brought to the view of
that Government by our minister there with much force and propriety,
and the strongest assurances have been received of their early and
favorable consideration.
The steps which remained to place the matter in controversy between
Great Britain and the United States fairly before the arbitrator have
all been taken in the same liberal and friendly spirit which
characterized those before announced. Recent events have doubtless
served to delay the decision, but our minister at the Court of the
distinguished arbitrator has been assured that it will be made within
the time contemplated by the treaty.
I am particularly gratified in being able to state that a decidedly
favorable, and, as I hope, lasting, change has been effected in our
relations with the neighboring Republic of Mexico. The unfortunate and
unfounded suspicions in regard to our disposition which it became my
painful duty to advert to on a former occasion have been, I believe,
entirely removed, and the Government of Mexico has been made to
understand the real character of the wishes and views of this in regard
to that country. The consequences is the establishment of friendship
and mutual confidence. Such are the assurances I have received, and I
see no cause to doubt their sincerity.
I had reason to expect the conclusion of a commercial treaty with
Mexico in season for communication on the present occasion.
Circumstances which are not explained, but which I am persuaded are not
the result of an indisposition on her part to enter into it, have
produced the delay.
There was reason to fear in the course of the last summer that the
harmony of our relations might be disturbed by the acts of certain
claimants, under Mexican grants, of territory which had hitherto been
under our jurisdiction. The cooperation of the representative of Mexico
near this Government was asked on the occasion and was readily
afforded. Instructions and advice have been given to the governor of
Arkansas and the officers in command in the adjoining Mexican State by
which it is hoped the quiet of that frontier will be preserved until a
final settlement of the dividing line shall have removed all ground of
controversy.
The exchange of ratifications of the treaty concluded last year with
Austria has not yet taken place. The delay has been occasioned by the
non-arrival of the ratification of that Government within the time
prescribed by the treaty. Renewed authority has been asked for by the
representative of Austria, and in the mean time the rapidly increasing
trade and navigation between the two countries have been placed upon
the most liberal footing of our navigation acts.
Several alleged depredations have been recently committed on our
commerce by the national vessels of Portugal. They have been made the
subject of immediate remonstrance and reclamation. I am not yet
possessed of sufficient information to express a definitive opinion of
their character, but expect soon to receive it. No proper means shall
be omitted to obtain for our citizens all the redress to which they may
appear to be entitled.
Almost at the moment of the adjournment of your last session two
bills--the one entitled "An act for making appropriations for building
light houses, light boats, beacons, and monuments, placing buoys, and
for improving harbors and directing surveys", and the other "An act to
authorize a subscription for stock in the Louisville and Portland Canal
Company"--were submitted for my approval. It was not possible within
the time allowed for me before the close of the session to give to
these bills the consideration which was due to their character and
importance, and I was compelled to retain them for that purpose. I now
avail myself of this early opportunity to return them to the Houses in
which they respectively originated with the reasons which, after mature
deliberation, compel me to withhold my approval.
The practice of defraying out of the Treasury of the United States the
expenses incurred by the establishment and support of light houses,
beacons, buoys, and public piers within the bays, inlets, harbors, and
ports of the United States, to render the navigation thereof safe and
easy, is coeval with the adoption of the Constitution, and has been
continued without interruption or dispute.
As our foreign commerce increased and was extended into the interior of
the country by the establishment of ports of entry and delivery upon
our navigable rivers the sphere of those expenditures received a
corresponding enlargement. Light houses, beacons, buoys, public piers,
and the removal of sand bars, sawyers, and other partial or temporary
impediments in the navigable rivers and harbors which were embraced in
the revenue districts from time to time established by law were
authorized upon the same principle and the expense defrayed in the same
manner. That these expenses have at times been extravagant and
disproportionate is very probable. The circumstances under which they
are incurred are well calculated to lead to such a result unless their
application is subjected to the closest scrutiny. The local advantages
arising from the disbursement of public money too frequently, it is to
be feared, invite appropriations for objects of this character that are
neither necessary nor useful.
The number of light house keepers is already very large, and the bill
before me proposes to add to it 51 more of various descriptions. From
representations upon the subject which are understood to be entitled to
respect I am induced to believe that there has not only been great
improvidence in the past expenditures of the Government upon these
objects, but that the security of navigation has in some instances been
diminished by the multiplication of light houses and consequent change
of lights upon the coast. It is in this as in other respects our duty
to avoid all unnecessary expense, as well as every increase of
patronage not called for by the public service.
But in the discharge of that duty in this particular it must not be
forgotten that in relation to our foreign commerce the burden and
benefit of protecting and accommodating it necessarily go together, and
must do so as long as the public revenue is drawn from the people
through the custom house. It is indisputable that whatever gives
facility and security to navigation cheapens imports and all who
consume them are alike interested in what ever produces this effect. If
they consume, they ought, as they now do, to pay; otherwise they do not
pay. The consumer in the most inland State derives the same advantage
from every necessary and prudent expenditure for the facility and
security of our foreign commerce and navigation that he does who
resides in a maritime State. Local expenditures have not of themselves
a corresponding operation.
From a bill making direct appropriations for such objects I should
not have withheld my assent. The one now returned does so in several
particulars, but it also contains appropriations for surveys of local
character, which I can not approve. It gives me satisfaction to find
that no serious inconvenience has arisen from withholding my approval
from this bill; nor will it, I trust, be cause of regret that an
opportunity will be thereby afforded for Congress to review its
provisions under circumstances better calculated for full investigation
than those under which it was passed.
In speaking of direct appropriations I mean not to include a practice
which has obtained to some extent, and to which I have in one instance,
in a different capacity, given my assent--that of subscribing to the
stock of private associations. Positive experience and a more thorough
consideration of the subject have convinced me of the impropriety as
well as inexpediency of such investments. All improvements effected by
the funds of the nation for general use should be open to the enjoyment
of all our fellow citizens, exempt from the payment of tolls or any
imposition of that character. The practice of thus mingling the
concerns of the Government with those of the States or of individuals
is inconsistent with the object of its institution and highly impolite.
The successful operation of the federal system can only be preserved by
confining it to the few and simple, but yet important, objects for
which it was designed.
A different practice, if allowed to progress, would ultimately change
the character of this Government by consolidating into one the General
and State Governments, which were intended to be kept for ever
distinct. I can not perceive how bills authorizing such subscriptions
can be otherwise regarded than as bills for revenue, and consequently
subject to the rule in that respect prescribed by the Constitution. If
the interest of the Government in private companies is subordinate to
that of individuals, the management and control of a portion of the
public funds is delegated to an authority unknown to the Constitution
and beyond the supervision of our constituents; if superior, its
officers and agents will be constantly exposed to imputations of
favoritism and oppression. Direct prejudice the public interest or an
alienation of the affections and respect of portions of the people may,
therefore, in addition to the general discredit resulting to the
Government from embarking with its constituents in pecuniary
stipulations, be looked for as the probable fruit of such associations.
It is no answer to this objection to say that the extent of
consequences like these can not be great from a limited and small
number of investments, because experience in other matters teaches
us--and we are not at liberty to disregard its admonitions--that unless
an entire stop be put to them it will soon be impossible to prevent
their accumulation until they are spread over the whole country and
made to embrace many of the private and appropriate concerns of
individuals.
The power which the General Government would acquire within the several
States by becoming the principal stock-holder in corporations,
controlling every canal and each 60 or 100 miles of every important
road, and giving a proportionate vote in all their elections, is almost
inconceivable, and in my view dangerous to the liberties of the people.
This mode of aiding such works is also in its nature deceptive, and in
many cases conducive to improvidence in the administration of the
national funds. Appropriations will be obtained with much greater
facility and granted with less security to the public interest when the
measure is thus disguised than when definite and direct expenditures of
money are asked for. The interests of the nation would doubtless be
better served by avoiding all such indirect modes of aiding particular
objects. In a government like ours more especially should all public
acts be, as far as practicable, simple, undisguised, and intelligible,
that they may become fit subjects for the approbation to animadversion
of the people.
The bill authorizing a subscription to the Louisville and Portland
Canal affords a striking illustration of the difficulty of withholding
additional appropriations for the same object when the first erroneous
step has been taken by instituting a partnership between the Government
and private companies. It proposes a third subscription on the part of
the United States, when each preceding one was at the time regarded as
the extent of the aid which Government was to render to that work; and
the accompanying bill for light houses, etc., contains an appropriation
for a survey of the bed of the river, with a view to its improvement by
removing the obstruction which the canal is designed to avoid. This
improvement, if successful, would afford a free passage of the river
and render the canal entirely useless. To such improvidence is the
course of legislation subject in relation to internal improvements on
local matters, even with the best intentions on the part of Congress.
Although the motives which have influenced me in this matter may be
already sufficiently stated, I am, never the less, induced by its
importance to add a few observations of a general character.