Western and South Western States, three only enjoy the benefits of a
circuit court. Ohio, Kentucky, and Tennessee are embraced in the
general system, but Indiana, Illinois, Missouri, Alabama, Mississippi,
and Louisiana have only district courts. If the existing system be a
good one, why should it not be extended? If it be a bad one, why is it
suffered to exist? The new States were promised equal rights and
privileges when they came into the Union, and such are the guaranties
of the Constitution. Nothing can be more obvious than the obligation of
the General Government to place all the States on the same footing in
relation to the administration of justice, and I trust this duty will
be neglected no longer.
On many of the subjects to which your attention is invited in this
communication it is a source of gratification to reflect that the steps
to be now adopted are uninfluenced by the embarrassments entailed upon
the country by the wars through which it has passed. In regard to most
of our great interests we may consider ourselves as just starting in
our career, and after a salutary experience about to fix upon a
permanent basis the policy best calculated to promote the happiness of
the people and facilitate their progress toward the most complete
enjoyment of civil liberty. On an occasion so interesting and important
in our history, and of such anxious concern to the friends of freedom
throughout the world, it is our imperious duty to lay aside all selfish
and local considerations and be guided by a lofty spirit of devotion to
the great principles on which our institutions are founded.
That this Government may be so administered as to preserve its
efficiency in promoting and securing these general objects should be
the only aim of our ambition, and we can not, therefore, too carefully
examine its structure, in order that we may not mistake its powers or
assume those which the people have reserved to themselves or have
preferred to assign to other agents. We should bear constantly in mind
the fact that the considerations which induced the framers of the
Constitution to withhold from the General Government the power to
regulate the great mass of the business and concerns of the people have
been fully justified by experience, and that it can not now be doubted
that the genius of all our institutions prescribes simplicity and
economy as the characteristics of the reform which is yet to be
effected in the present and future execution of the functions bestowed
upon us by the Constitution.
Limited to a general superintending power to maintain peace at home and
abroad, and to prescribe laws on a few subjects of general interest not
calculated to restrict human liberty, but to enforce human rights, this
Government will find its strength and its glory in the faithful
discharge of these plain and simple duties. Relieved by its protecting
shield from the fear of war and the apprehension of oppression, the
free enterprise of our citizens, aided by the State sovereignties, will
work out improvements and ameliorations which can not fail to
demonstrate that the great truth that the people can govern themselves
is not only realized in our example, but that it is done by a machinery
in government so simple and economical as scarcely to be felt. That the
Almighty Ruler of the Universe may so direct our deliberations and
over-rule our acts as to make us instrumental in securing a result so
dear to mankind is my most earnest and sincere prayer.
***
State of the Union Address
Andrew Jackson
December 3, 1833
Fellow Citizens of the Senate and of the House of Representatives:
On your assembling to perform the high trusts which the people of the
United States have confided to you, of legislating for their common
welfare, it gives me pleasure to congratulate you upon the happy
condition of our beloved country. By the favor of Divine Providence
health is again restored to us, peace reigns within our borders,
abundance crowns the labors of our fields, commerce and domestic
industry flourish and increase, and individual happiness rewards the
private virtue and enterprise of our citizens.
Our condition abroad is no less honorable than it is prosperous at
home. Seeking nothing that is not right and determined to submit to
nothing that is wrong, but desiring honest friendships and liberal
intercourse with all nations, the United States have gained throughout
the world the confidence and respect which are due to a policy so just
and so congenial to the character of the American people and to the
spirit of their institutions.
In bringing to your notice the particular state of our foreign affairs,
it affords me high gratification to inform you that they are in a
condition which promises the continuance of friendship with all
nations.
With Great Britain the interesting question of our North East boundary
remains still undecided. A negotiation, however, upon that subject has
been renewed since the close of the last Congress, and a proposition
has been submitted to the British Government with the view of
establishing, in conformity with the resolution of the Senate, the line
designated by the treaty of 1783. Though no definitive answer has been
received, it may be daily looked for, and I entertain a hope that the
overture may ultimately lead to a satisfactory adjustment of this
important matter.
I have the satisfaction to inform you that a negotiation which, by
desire of the House of Representatives, was opened some years ago with
the British Government, for the erection of light houses on the
Bahamas, has been successful. Those works, when completed, together
with those which the United States have constructed on the western side
of the Gulf of Florida, will contribute essentially to the safety of
navigation in that sea. This joint participation in establishments
interesting to humanity and beneficial to commerce is worthy of two
enlightened nations, and indicates feelings which can not fail to have
a happy influence upon their political relations. It is gratifying to
the friends of both to perceive that the intercourse between the two
people is becoming daily more extensive, and that sentiments of mutual
good will have grown up befitting their common origin and justifying
the hope that by wise counsels on each side not only unsettled
questions may be satisfactorily terminated, but new causes of
misunderstanding prevented.
Not withstanding that I continue to receive the most amicable
assurances from the Government of France, and that in all other
respects the most friendly relations exist between the United States
and that Government, it is to be regretted that the stipulations of the
convention concluded on July 4th, 1831 remain in some important parts
unfulfilled.
By the second article of that convention it was stipulated that the sum
payable to the United States should be paid at Paris, in six annual
installments, into the hands of such person or persons as should be
authorized by the Government of the United States to receive it, and by
the same article the first installment was payable on February 2d,
1833. By the act of Congress of July 13th, 1832 it was made the duty of
the Secretary of the Treasury to cause the several installments, with
the interest thereon, to be received from the French Government and
transferred to the United States in such manner as he may deem best;
and by the same act of Congress the stipulations on the part of the
United States in the convention were in all respects fulfilled. Not
doubting that a treaty thus made and ratified by the two Governments,
and faithfully executed by the United States, would be promptly
complied with by the other party, and desiring to avoid the risk and
expense of intermediate agencies, the Secretary of the Treasury deemed
it advisable to receive and transfer the first installment by means of
a draft upon the French minister of finance.
A draft for this purpose was accordingly drawn in favor of the cashier
of the Bank of the United States for the amount accruing to the United
States out of the first installment, and the interest payable with it.
This bill was not drawn at Washington until five days after the
installment was payable at Paris, and was accompanied by a special
authority from the President authorizing the cashier or his assigns to
receive the amount. The mode thus adopted of receiving the installment
was officially made known to the French Government by the American
charge d'affaires at Paris, pursuant to instructions from the
Department of State. The bill, however, though not presented for
payment until March 23d, 1833, was not paid, and for the reason
assigned by the French minister of finance that no appropriation had
been made by the French Chambers. It is not known to me that up to that
period any appropriation had been required of the Chambers, and
although a communication was subsequently made to the Chambers by
direction of the King, recommending that the necessary provision should
be made for carrying the convention into effect, it was at an advanced
period of the session, and the subject was finally postponed until the
next meeting of the Chambers.
Not withstanding it has been supposed by the French ministry that the
financial stipulations of the treaty can not be carried into effect
without an appropriation by the Chambers, it appears to me to be not
only consistent with the character of France, but due to the character
of both Governments, as well as to the rights of our citizens, to treat
the convention, made and ratified in proper form, as pledging the good
faith of the French Government for its execution, and as imposing upon
each department an obligation to fulfill it; and I have received
assurances through our charge d'affaires at Paris and the French
minister plenipotentiary at Washington, and more recently through the
minister of the United States at Paris, that the delay has not
proceeded from any indisposition on the part of the King and his
ministers to fulfill their treaty, and that measures will be presented
at the next meeting of the Chambers, and with a reasonable hope of
success, to obtain the necessary appropriation.
It is necessary to state, however, that the documents, except certain
lists of vessels captured, condemned, or burnt at sea, proper to
facilitate the examination and liquidation of the reclamations
comprised in the stipulations of the convention, and which by the 6th
article France engaged to communicate to the United States by the
intermediary of the legation, though repeatedly applied for by the
American charge d'affaires under instructions from this Government,
have not yet been communicated; and this delay, it is apprehended, will
necessarily prevent the completion of the duties assigned to the
commissioners within the time at present prescribed by law.
The reasons for delaying to communicate these documents have not been
explicitly stated, and this is the more to be regretted as it is not
understood that the interposition of the Chambers is in any manner
required for the delivery of those papers.
Under these circumstances, in a case so important to the interests of
our citizens and to the character of our country, and under
disappointments so unexpected, I deemed it my duty, however I might
respect the general assurances to which I have adverted, no longer to
delay the appointment of a minister plenipotentiary to Paris, but to
dispatch him in season to communicate the result of his application to
the French Government at an early period of your session. I accordingly
appointed a distinguished citizen for this purpose, who proceeded on
his mission in August last and was presented to the King early in the
month of October. He is particularly instructed as to all matters
connected with the present posture of affairs, and I indulge the hope
that with the representations he is instructed to make, and from the
disposition manifested by the King and his ministers in their recent
assurances to our minister at Paris, the subject will be early
considered, and satisfactorily disposed of at the next meeting of the
Chambers.
As this subject involves important interests and has attracted a
considerable share of the public attention, I have deemed it proper to
make this explicit statement of its actual condition, and should I be
disappointed in the hope now entertained the subject will be again
brought to the notice of Congress in such manner as the occasion may
require.
The friendly relations which have always been maintained between the
United States and Russia have been further extended and strengthened by
the treaty of navigation and commerce concluded on December 6th, 1832,
and sanctioned by the Senate before the close of its last session. The
ratifications having been since exchanged, the liberal provisions of
the treaty are now in full force, and under the encouragement which
they have secured a flourishing and increasing commerce, yielding its
benefits to the enterprise of both nations, affords to each the just
recompense of wise measures, and adds new motives for that mutual
friendship which the two countries have hitherto cherished toward each
other.
It affords me peculiar satisfaction to state that the Government of
Spain has at length yielded to the justice of the claims which have
been so long urged in behalf of our citizens, and has expressed a
willingness to provide an indemnification as soon as the proper amount
can be agreed upon. Upon this latter point it is probable an
understanding had taken place between the minister of the United States
and the Spanish Government before the decease of the late King of
Spain; and, unless that event may have delayed its completion, there is
reason to hope that it may be in my power to announce to you early in
your present session the conclusion of a convention upon terms not less
favorable than those entered into for similar objects with other
nations. That act of justice would well accord with the character of
Spain, and is due to the United States from their ancient friend. It
could not fail to strengthen the sentiments of amity and good will
between the two nations which it is so much the wish of the United
States to cherish and so truly the interest of both to maintain.
By the first section of an act of Congress passed on July 13th, 1832
the tonnage duty on Spanish ships arriving from the ports of Spain
previous to October 20th, 1817, being five cents per ton. That act was
intended to give effect on our side to an arrangement made with the
Spanish Government by which discriminating duties of tonnage were to be
abolished in the ports of the United States and Spain on he vessels of
the two nations. Pursuant to that arrangement, which was carried into
effect on the part of Spain on May 20th, 1832, by a royal order dated
April 29th, 1832, American vessels in the ports of Spain have paid five
cents per ton, which rate of duty is also paid in those ports by
Spanish ships; but as American vessels pay no tonnage duty in the ports
of the United States, the duty of five cents payable in our ports by
Spanish vessels under the act above mentioned is really a
discriminating duty, operating to the disadvantage of Spain.
Though no complaint has yet been made on the part of Spain, we are not
the less bound by the obligations of good faith to remove the
discrimination, and I recommend that the act be amended accordingly. As
the royal order above alluded to includes the ports of the Balearic and
Canary islands as well as those of Spain, it would seem that the
provisions of the act of Congress should be equally extensive, and that
for the repayments of such duties as may have been improperly received
an addition should be made to the sum appropriated at the last session
of Congress for refunding discriminating duties.
As the arrangement referred to, however, did not embrace the islands of
Cuba and Puerto Rico, discriminating duties to the prejudice of
American shipping continue to be levied there. From the extent of the
commerce carried on between the United States and those islands,
particularly the former, this discrimination causes serious injury to
one of those great national interests which it has been considered an
essential part of our policy to cherish, and has given rise to
complaints on the part of our merchants. Under instructions given to
our minister at Madrid, earnest representations have been made by him
to the Spanish Government upon this subject, and there is reason to
expect, from the friendly disposition which is entertained toward this
country, that a beneficial change will be produced.
The disadvantage, however, to which our shipping is subjected by the
operation of these discriminating duties requires that they be met by
suitable countervailing duties during your present session, power being
at the same time vested in the President to modify or discontinue them
as the discriminating duties on American vessels or their cargoes may
be modified or discontinued at those islands. Intimations have been
given to the Spanish Government that the United States may be obliged
to resort to such measures as are of necessary self-defense, and there
is no reason to apprehend that it would be unfavorably received. The
proposed proceeding if adopted would not be permitted, however, in any
degree to induce a relaxation in the efforts of our minister to effect
a repeal of this irregularity by friendly negotiation, and it might
serve to give force to his representations by showing the dangers to
which that valuable trade is exposed by the obstructions and burdens
which a system of discriminating and countervailing duties necessarily
produces.
The selection and preparation of the Florida archives for the purpose
of being delivered over to the United States, in conformity with the
royal order as mentioned in my last annual message, though in progress,
has not yet been completed. This delay has been produced partly by
causes which were unavoidable, particularly the prevalence of the
cholera at Havana; but measures have been taken which it is believed
will expedite the delivery of those important records.
Congress were informed at the opening of the last session that "owing,
as was alleged, to embarrassments in the finances of Portugal,
consequent upon the civil war in which that nation was engaged",
payment had been made of only one installment of the amount which the
Portuguese Government had stipulated to pay for indemnifying our
citizens for property illegally captured in the blockade of Terceira.
Since that time a postponement for two years, with interest, of the two
remaining installments was requested by the Portuguese Government, and
as a consideration it offered to stipulate that rice of the United
States should be admitted into Portugal at the same duties as Brazilian
rice. Being satisfied that no better arrangement could be made, my
consent was given, and a royal order of the King of Portugal was
accordingly issued on February 4th, 1833 for the reduction of the duty
on rice of the United States. It would give me great pleasure if in
speaking of that country, in whose prosperity the United States are so
much interested, and with whom a long-subsisting, extensive, and
mutually advantageous commercial intercourse has strengthened the
relation of friendship, I could announce to you the restoration of its
internal tranquillity.
Subsequently to the commencement of the last session of Congress the
final installment payable by Denmark under the convention of March
28th, 1830 was received. The commissioners for examining the claims
have since terminated their labors, and their awards have been paid at
the Treasury as they have been called for. The justice rendered to our
citizens by that Government is thus completed, and a pledge is thereby
afforded for the maintenance of that friendly intercourse becoming the
relations that the two nations mutually bear to each other.
It is satisfactory to inform you that the Danish Government have
recently issued an ordinance by which the commerce with the island of
St. Croix is placed on a more liberal footing than heretofore. This
change can not fail to prove beneficial to the trade between the United
States and that colony, and the advantages likely to flow from it may
lead to greater relaxations in the colonial systems of other nations.
The ratifications of the convention with the King of the two Sicilies
have been duly exchanged, and the commissioners appointed for examining
the claims under it have entered upon the duties assigned to them by
law. The friendship that the interests of the two nations require of
them being now established, it may be hoped that each will enjoy the
benefits which a liberal commerce should yield to both.
A treaty of amity and commerce between the United States and Belgium
was concluded during the last winter and received the sanction of the
Senate, but the exchange of the ratifications has been hitherto
delayed, in consequence, in the first instance, of some delay in the
reception of the treaty at Brussels, and, subsequently, of the absence
of the Belgian minister of foreign affairs at the important conferences
in which his Government is engaged at London. That treaty does but
embody those enlarged principles of friendly policy which it is
sincerely hoped will always regulate the conduct of the two nations
having such strong motives to maintain amicable relations toward each
other and so sincerely desirous to cherish them.
With all the other European powers with whom the United States have
formed diplomatic relations and with the Sublime Porte the best
understanding prevails. From all I continue to receive assurances of
good will toward the United States--assurances which it gives me no
less pleasure to reciprocate than to receive. With all, the engagements
which have been entered into are fulfilled with good faith on both
sides. Measures have also been taken to enlarge our friendly relations
and extend our commercial intercourse with other States. The system we
have pursued of aiming at no exclusive advantages, of dealing with all
on terms of fair and equal reciprocity, and of adhering scrupulously to
all our engagements is well calculated to give success to efforts
intended to be mutually beneficial.
The wars of which the southern part of this continent was so long the
theater, and which were carried on either by the mother country against
the States which had formerly been her colonies or by the States
against each other, having terminated, and their civil dissensions
having so far subsided as with few exceptions no longer to disturb the
public tranquillity, it is earnestly hoped those States will be able to
employ themselves without interruption in perfecting their
institutions, cultivating the arts of peace, and promoting by wise
councils and able exertions the public and private prosperity which
their patriotic struggles so well entitle them to enjoy.
With those States our relations have under-gone but little change
during the present year. No reunion having yet taken place between the
States which composed the Republic of Colombia, our charge d'affaires
at Bogota has been accredited to the Government of New Grenada, and we
have, therefore, no diplomatic relations with Venezuela and Equator,
except as they may be included in those heretofore formed with the
Colombian Republic.
It is understood that representatives from the three states were about
to assemble at Bogota to confer on the subject of their mutual
interests, particularly that of their union, and if the result should
render it necessary, measures will be taken on our part to preserve
with each that friendship and those liberal commercial connections
which it has been the constant desire of the United States to cultivate
with their sister Republics of this hemisphere. Until the important
question of reunion shall be settled, however, the different matters
which have been under discussion between the United States and the
Republic of Colombia, or either of the States which composed it, are
not likely to be brought to a satisfactory issue.
In consequence of the illness of the charge d'affaires appointed to
Central America at the last session of Congress, he was prevented from
proceeding on his mission until the month of October. It is hoped,
however, that he is by this time at his post, and that the official
intercourse, unfortunately so long interrupted, has been thus renewed
on the part of the two nations so amicably and advantageously connected
by engagements founded on the most enlarged principles of commercial
reciprocity.