SPECIAL MESSAGES.

Washington,

_December 7, 1826_.

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

I now transmit a report from the Secretary of War, with that of the

Board of Engineers of Internal Improvement, concerning the proposed

Chesapeake and Ohio Canal.

John Quincy Adams.

Washington,

_December 8, 1826_.

_To the House of Representatives of the United States_:

I transmit to the House of Representatives a report from the Secretary

of War, with sundry documents, containing the information requested by a

resolution of the House of the 8th of May last, relating to the lead

mines belonging to the United States in Illinois and Missouri.

John Quincy Adams.

Washington,

_December 8, 1826_.

_To the House of Representatives of the United States_:

I transmit to the House of Representatives a report from the Secretary

of War, with several documents, containing information required by a

resolution of the House of the 20th of May last, respecting certain

proposed donations of land by Indian tribes to any agent or commissioner

of the United States.

John Quincy Adams.

Washington,

_December 12, 1826_.

_To the Senate of the United States_:

I transmit herewith to the Senate, for their advice with regard to their

ratification, the following treaties with Indian tribes:

1. A treaty made and concluded at the Fond du Lac of Lake Superior,

between Lewis Cass and Thomas L. McKenney, commissioners on the part of

the United States, and the Chippewa tribe of Indians, on the 5th of

August, 1826.

2. A treaty made and concluded near the mouth of the Mississinewa, upon

the Wabash, in the State of Indiana, between Lewis Cass, James B. Ray,

and John Tipton, commissioners on the part of the United States, and the

chiefs and warriors of the Potawatamie tribe of Indians, on the 16th of

October, 1826.

3. A treaty made and concluded near the mouth of the Mississinewa, upon

the Wabash, in the State of Indiana, between Lewis Cass, James B. Ray,

and John Tipton, commissioners on the part of the United States, and the

chiefs and warriors of the Miami tribe of Indians, on the 23d of

October, 1826.

John Quincy Adams.

Washington,

_December 18, 1826_.

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

I transmit to Congress extracts of a letter, received since the

commencement of their session, from the minister of the United States at

London, having relation to the late discussions with the Government of

Great Britain concerning the trade between the United States and the

British colonies in America.

John Quincy Adams.

Washington,

_December 20, 1826_.

_To the Senate of the United States_:

In the message to both Houses of Congress at the commencement of their

present session it was intimated that the commission for liquidating the

claims of our fellow-citizens to indemnity for slaves and other property

carried away after the close of the late war with Great Britain in

contravention to the first article of the treaty of Ghent had been

sitting in this city with doubtful prospects of success, but that

propositions had recently passed between the two Governments which it

was hoped would lead to a satisfactory adjustment of that controversy.

I now transmit to the Senate, for their constitutional consideration and

advice, a convention signed at London by the plenipotentiaries of the

two Governments on the 13th of the last month, relating to this object.

A copy of the convention is at the same time sent, together with a copy

of the instructions under which it was negotiated and the correspondence

relating to it. To avoid all delay these documents are now transmitted,

consisting chiefly of original papers, the return of which is requested.

John Quincy Adams.

Washington,

_December 22, 1826_.

_To the House of Representatives of the United States_:

In compliance with a resolution of the House of Representatives of the

12th instant, requesting information of the measures taken to carry into

effect the act of Congress of 3d March, 1825, directing a road to be

made from Little Rock to Cantonment Gibson, in the Territory of

Arkansas, I transmit a report from the Secretary of War, with a letter

from the Quartermaster-General, containing the information desired by

the resolution.

John Quincy Adams.

Washington,

_December 22, 1826_.

_To the House of Representatives of the United States_:

I communicate to the House of Representatives a report from the

Secretary of State, with a copy of the three articles[009] (marked A)

requested by the resolution of the House of the 19th instant. The third

of those articles relating to a subject upon which the negotiation

between the two Governments is yet open, the communication of all the

other documents relating to it is reserved to a future period, when it

may be closed.

John Quincy Adams.

_To the House of Representatives of the United States_:

I transmit to the House of Representatives a report from the Secretary

of State, with sundry documents, containing the information requested by

two resolutions of the House of the 15th instant, relating to the

proceedings of the congress of ministers which assembled last summer at

Panama.

The occasion is taken to communicate at the same time two other

dispatches, from the minister of the United States to the Mexican

Confederation, one of which should have been communicated at the last

session of Congress but that it was then accidentally mislaid, and the

other having relation to the same subject.

John Quincy Adams.

DECEMBER 26, 1826.

Washington,

_January 10, 1827_

_To the House of Representatives of the United States_:

In compliance with a resolution of the House of Representatives of the

6th instant, I transmit herewith a report from the Secretary of State,

together with copies of the correspondence with the Government of the

Netherlands, relating to discriminating duties.

John Quincy Adams.

Washington,

_January 10, 1827_

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 20th of May last,

requesting a detailed statement of the expenditures for the construction

and repair of the Cumberland road, I now transmit a report from the

Secretary of the Treasury, with the statement requested by the

resolution.

John Quincy Adams.

Washington,

_January 10, 1827_

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

I transmit to both Houses of Congress a report from the Secretary of the

Navy, together with that of the engineer by whom, conformably to a joint

resolution of the two Houses of the 22d May last, an examination and

survey has been made of a site for a dry dock at the navy-yard at

Portsmouth, N. H.; Charlestown, Mass.; Brooklyn, N. Y., and Gosport, Va.

John Quincy Adams.

Washington,

_January 15, 1827_

_To the House of Representatives of the United States_:

In compliance with a resolution of the House of Representatives of the

20th of May last, I transmit herewith a report from the Secretary of

State, touching the impressment of seamen from on board American vessels

on the high seas or elsewhere by the commanders of British or other

foreign vessels or ships of war since 18th of February, 1815, together

with such correspondence on the subject as comes within the purview of

the resolution.

John Quincy Adams.

Washington,

_January 15, 1827_

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 21st of last month,

I now transmit a letter from the Secretary of War, with a report from

the Chief Engineer and a statement of the Third Auditor, shewing the

amount disbursed of the appropriation made by the act of 24th May, 1824,

to improve the navigation of the Ohio and Mississippi rivers, and the

state and progress of the work contemplated by the appropriation.

John Quincy Adams.

Washington,

_January 15, 1827_

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

I communicate to Congress a letter from the Secretary of War, together

with a report of the Chief Engineer, and certain acts of the legislature

of the State of New York proposing to the Government of the United

States the purchase of the fortifications erected at the expense of the

State on Staten Island, with the ordnance and other apparatus belonging

to or connected with the same. These papers were prepared at the close

of the last session of Congress, at too late a period to be then acted

upon.

John Quincy Adams.

Washington,

_January 16, 1827_

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

I communicate to both Houses of Congress copies of a convention between

the United States and Great Britain, signed on the 13th of November last

at London by the respective plenipotentiaries of the two Governments,

for the final settlement and liquidation of certain claims of indemnity

of citizens of the United States which had arisen under the first

article of the treaty of Ghent. It having been stipulated by this

convention that the exchange of the ratifications of the same should be

made at London, the usual proclamation of it here can only be issued

when that event shall have taken place, the notice of which can scarcely

be expected before the close of the present session of Congress. But it

has been duly ratified on the part of the United States, and by the

report of the Secretary of State and the accompanying certificate

herewith also communicated it will be seen that the first half of the

stipulated payment has been made by the minister of His Britannic

Majesty residing here, and has been deposited in the office of the Bank

of the United States at this place to await the disposal of Congress.

I recommend to their consideration the expediency of such legislative

measures as they may deem proper for the distribution of the sum already

paid, and of that hereafter to be received, among the claimants who may

be found entitled to the indemnity.

John Quincy Adams.

Washington,

_January 17, 1827_

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 10th of May last, I

transmit a report from the Secretary of the Treasury, with a letter from

the Director of the Mint, shewing the result of the assay of foreign

coins and the information otherwise relating thereto desired by the

resolution.

John Quincy Adams.

Washington,

_January 29, 1827_

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 23d instant, I

transmit herewith a report[010] from the Secretary of State, with the

accompanying documents.

John Quincy Adams.

Washington,

_January 29, 1827_

_To the Senate of the United States_:

The report from the Commissioner of the General Land Office and the

accompanying documents herewith transmitted are laid before the Senate

in compliance with their resolution of the 4th of April last, relating

to the public lands of the United States in the States of Missouri and

Illinois which are unfit for cultivation.

John Quincy Adams.

Washington,

_February 2, 1827_

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 25th ultimo,

relative to the execution of the treaty of the 18th of October, 1820, of

Doaks Stand with the Choctaw tribe of Indians, I transmit a report from

the Secretary of War, with a statement from the Office of Indian

Affairs, comprising so far as it is possessed the information desired by

the resolution.

John Quincy Adams.

Washington,

_February 3, 1827_

_To the House of Representatives of the United States_:

In compliance with a resolution of the House of Representatives of the

United States of the 9th ultimo, relating to the appointments of chargés

d'affaires and to the commissions and salaries of the ministers and

secretary to the mission to Panama, I transmit herewith a report from

the Secretary of State, with accompanying documents.

John Quincy Adams.

Washington,

_February 5, 1827_

_To the House of Representatives of the United States_:

The report from the Secretary of War and accompanying documents herewith

transmitted have been prepared in compliance with a resolution of the

House of Representatives of the 20th of May last, requesting a statement

of expenditure and other particulars relating to the procurement and

properties of the patent rifle.

John Quincy Adams.

Washington,

_February 5, 1827_

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

I submit to the consideration of Congress a letter from the agent of the

United States with the Creek Indians, who invoke the protection of the

Government of the United States in defense of the rights and territory

secured to that nation by the treaty concluded at Washington, and

ratified on the part of the United States on the 22d of April last.

The complaint set forth in this letter that surveyors from Georgia have

been employed in surveying lands within the Indian Territory, as secured

by that treaty, is authenticated by the information inofficially

received from other quarters, and there is reason to believe that one or

more of the surveyors have been arrested in their progress by the

Indians. Their forbearance, and reliance upon the good faith of the

United States, will, it is hoped, avert scenes of violence and blood

which there is otherwise too much cause to apprehend will result from

these proceedings.

By the fifth section of the act of Congress of the 30th of March, 1802,

to regulate trade and intercourse with the Indian tribes and to preserve

peace on the frontiers, it is provided that if any citizen of or other

person resident in the United States shall make a settlement on any

lands belonging or secured or granted by treaty with the United States

to any Indian tribe, or shall survey, or attempt to survey, such lands,

or designate any of the boundaries by marking trees or otherwise, such

offender shall forfeit a sum not exceeding $1,000 and suffer

imprisonment not exceeding twelve months.

By the sixteenth and seventeenth sections of the same statute two

distinct processes are prescribed, by either or both of which the above

enactment may be carried into execution. By the first it is declared to

be lawful for the military force of the United States to apprehend every

person found in the Indian country over and beyond the boundary line

between the United States and the Indian tribes in violation of any of

the provisions or regulations of the act, and immediately to convey

them, in the nearest convenient and safe route, to the civil authority

of the United States in some of the three next adjoining States or

districts, to be proceeded against in due course of law.

By the second it is directed that if any person charged with the

violation of any of the provisions or regulations of the act shall be

found within any of the United States or either of their territorial

districts such offender may be there apprehended and brought to trial in

the same manner as if such crime or offense had been committed within

such State or district; and that it shall be the duty of the military

force of the United States, when called upon by the civil magistrate or

any proper officer or other person duly authorized for that purpose and

having a lawful warrant, to aid and assist such magistrate, officer, or

other person so authorized in arresting such offender and committing him

to safe custody for trial according to law.

The first of these processes is adapted to the arrest of the trespasser

upon Indian territories on the spot and in the act of committing the

offense; but as it applies the action of the Government of the United

States to places where the civil process of the law has no authorized

course, it is committed entirely to the functions of the military force

to arrest the person of the offender, and after bringing him within the

reach of the jurisdiction of the courts there to deliver him into

custody for trial. The second makes the violator of the law amenable

only after his offense has been consummated, and when he has returned

within the civil jurisdiction of the Union. This process, in the first

instance, is merely of a civil character, but may in like manner be

enforced by calling in, if necessary, the aid of the military force.

Entertaining no doubt that in the present case the resort to either of

these modes of process, or to both, was within the discretion of the

Executive authority, and penetrated with the duty of maintaining the

rights of the Indians as secured both by the treaty and the law, I

concluded, after full deliberation, to have recourse on this occasion,

in the first instance, only to the civil process. Instructions have

accordingly been given by the Secretary of War to the attorney and

marshal of the United States in the district of Georgia to commence

prosecutions against the surveyors complained of as having violated the

law, while orders have at the same time been forwarded to the agent of

the United States at once to assure the Indians that their rights

founded upon the treaty and the law are recognized by this Government

and will be faithfully protected, and earnestly to exhort them, by the

forbearance of every act of hostility on their part, to preserve

unimpaired that right to protection secured to them by the sacred pledge

of the good faith of this nation. Copies of these instructions and

orders are herewith transmitted to Congress.

In abstaining at this stage of the proceedings from the application of

any military force I have been governed by considerations which will, I

trust, meet the concurrence of the Legislature. Among them one of

paramount importance has been that these surveys have been attempted,

and partly effected, under color of legal authority from the State of

Georgia; that the surveyors are, therefore, not to be viewed in the

light of individual and solitary transgressors, but as the agents of a

sovereign State, acting in obedience to authority which they believed to

be binding upon them. Intimations had been given that should they meet

with interruption they would at all hazards be sustained by the military

force of the State, in which event, if the military force of the Union

should have been employed to enforce its violated law, a conflict _must_

have ensued, which would itself have inflicted a wound upon the Union

and have presented the aspect of one of these confederated States at war

with the rest. Anxious, above all, to avert this state of things, yet at

the same time impressed with the deepest conviction of my own duty to

take care that the laws shall be executed and the faith of the nation

preserved, I have used of the means intrusted to the Executive for that

purpose only those which without resorting to military force may

vindicate the sanctity of the law by the ordinary agency of the judicial

tribunals.

It ought not, however, to be disguised that the act of the legislature

of Georgia, under the construction given to it by the governor of that

State, and the surveys made or attempted by his authority beyond the

boundary secured by the treaty of Washington of April last to the Creek

Indians, are in direct violation of the supreme law of this land, set

forth in a treaty which has received all the sanctions provided by the

Constitution which we have been sworn to support and maintain.

Happily distributed as the sovereign powers of the people of this Union

have been between their General and State Governments, their history has

already too often presented collisions between these divided authorities

with regard to the extent of their respective powers. No instance,

however, has hitherto occurred in which this collision has been urged

into a conflict of actual force. No other case is known to have happened

in which the application of military force by the Government of the

Union has been prescribed for the enforcement of a law the violation of

which has within any single State been prescribed by a legislative act

of the State. In the present instance it is my duty to say that if the

legislative and executive authorities of the State of Georgia should

persevere in acts of encroachment upon the territories secured by a

solemn treaty to the Indians, and the laws of the Union remain

unaltered, a superadded obligation even higher than that of human

authority will compel the Executive of the United States to enforce the

laws and fulfill the duties of the nation by all the force committed for

that purpose to his charge. That the arm of military force will be

resorted to only in the event of the failure of all other expedients

provided by the laws, a pledge has been given by the forbearance to

employ it at this time. It is submitted to the wisdom of Congress to

determine whether any further act of legislation may be necessary or

expedient to meet the emergency which these transactions may produce.

John Quincy Adams.

* * * * *

Washington,

_February 8, 1827_

_To the Senate of the United States_:

I transmit to the Senate, for their advice with regard to its

ratification, a treaty between the United States and the Mexican

Confederation, signed by the plenipotentiaries of the respective

Governments on the 10th of July last. It will be seen by its terms that

if ratified by both parties the ratifications are to be exchanged at

this city on or before the 10th day of next month. The ratification on

the part of the Government of Mexico has not yet been received, though

it has probably before this been effected. To avoid all unnecessary

delay the treaty is now communicated to the Senate, that it may receive

all the deliberation which, in their wisdom, it may require, without

pressing upon their time at a near approach to the close of their

session. Should they advise and consent to its ratification, that

measure will still be withheld until the ratification by the Mexican

Government shall have been ascertained. A copy of the treaty is likewise

transmitted, together with the documents appertaining to the

negotiation.

John Quincy Adams.

Washington,

_February 8, 1827_

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

I communicate to Congress copies of a letter from the governor of the

State of Georgia, received since my message of the 5th instant, and of

inclosures received with it, further confirmative of the facts stated in

that message.[011]

John Quincy Adams.

Washington,

_February 16, 1827_

_To the Senate of the United States_:

I transmit to the Senate a report from the Secretary of the Treasury,

with statements prepared at the Register's and General Land Office, in

compliance with a resolution of the Senate of the 10th of May last, in

relation to the purchase and sales of the public lands since the

declaration of independence.

John Quincy Adams.

Washington,

_February 19, 1827_

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

I transmit to both Houses of Congress copies of the following treaties,

which have been ratified by and with the consent of the Senate:

1. A treaty with the Chippewa tribe of Indians, signed at the Fond du

Lac of Lake Superior on the 5th of August, 1826.

2. A treaty with the Potawatamie tribe of Indians, signed on the 16th of

October, 1826, near the mouth of the Mississinawa, upon the Wabash, in

the State of Indiana.

3. A treaty with the Miami tribe of Indians, signed at the same place on

the 23d of October, 1826.

John Quincy Adams.

Washington,

_February 24, 1827_

_To the Senate of the United States_:

I transmit to the Senate, for their consideration, a conveyance by

treaty from the Seneca tribe of Indians to Robert Troup, Thomas L.

Ogden, and Benjamin W. Rogers, in the presence of Oliver Forward,

commissioner of the United States for holding the said treaty, and of

Nathaniel Gorham, superintendent in behalf of the State of

Massachusetts. A letter from the grantees of this conveyance and a

report of the Superintendent of Indian Affairs to the Secretary of War,

relating to this instrument, are also transmitted; and with regard to

the approval or ratification of the treaty itself, it is submitted to

the Senate for their advice and consent.

John Quincy Adams.

Washington,

_February 28, 1827_

_To the House of Representatives of the United States_:

I transmit to the House of Representatives a report from the Secretary

of War, with sundry documents, containing statements requested by a

resolution of the House of Representatives of the 9th of January,

relating to the Artillery School of Practice at Fortress Monroe.

John Quincy Adams.

Washington,

_March 2, 1827_

_To the Senate of the United States_:

I transmit to the Senate a report from the Secretary of the Treasury,

with sundry documents, containing the information requested by a

resolution of the Senate of the 20th of April last, relating to the

security taken of the late survey or-general of Illinois, Missouri, and

Arkansas, and of the late receiver of public moneys in the western

district of Missouri, and to the sums for which they were respectively

defaulters; also the sums due by each of the late directors of the Bank

of Missouri to the United States, and to the measures taken for

obtaining or enforcing payment of the same.

John Quincy Adams.

Washington,

_March 2, 1827_

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

I transmit to both Houses of Congress copies of communications received

yesterday by the Secretary of War from the governor of Georgia and from

Lieutenant Vinton.[012]

John Quincy Adams.

* * * * *

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