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.
* * * * *