has been received. To a communication from our minister at London of a
revocation by the French Government of its Berlin and Milan decrees it
was answered that the British system would be relinquished as soon as
the repeal of the French decrees should have actually taken effect and
the commerce of neutral nations have been restored to the condition in
which it stood previously to the promulgation of those decrees. This
pledge, although it does not necessarily import, does not exclude the
intention of relinquishing, along with the orders in council, the
practice of those novel blockades which have a like effect of
interrupting our neutral commerce, and this further justice to the
United States is the rather to be looked for, inasmuch as the blockades
in question, being not more contrary to the established law of nations
than inconsistent with the rules of blockade formally recognized by
Great Britain herself, could have no alleged basis other than the plea
of retaliation alleged as the basis of the orders in council. Under the
modification of the original orders of November, 1807, into the orders
of April, 1809, there is, indeed, scarcely a nominal distinction between
the orders and the blockades. One of those illegitimate blockades,
bearing date in May, 1806, having been expressly avowed to be still
unrescinded, and to be in effect comprehended in the orders in council,
was too distinctly brought within the purview of the act of Congress not
to be comprehended in the explanation of the requisites to a compliance
with it. The British Government was accordingly apprised by our minister
near it that such was the light in which the subject was to be regarded.
On the other important subjects depending between the United States and
that Government no progress has been made from which an early and
satisfactory result can be relied on.
In this new posture of our relations with those powers the consideration
of Congress will be properly turned to a removal of doubts which may
occur in the exposition and of difficulties in the execution of the act
above cited.
The commerce of the United States with the north of Europe, heretofore
much vexed by licentious cruisers, particularly under the Danish flag,
has latterly been visited with fresh and extensive depredations. The
measures pursued in behalf of our injured citizens not having obtained
justice for them, a further and more formal interposition with the
Danish Government is contemplated. The principles which have been
maintained by that Government in relation to neutral commerce, and the
friendly professions of His Danish Majesty toward the United States, are
valuable pledges in favor of a successful issue.
Among the events growing out of the state of the Spanish Monarchy, our
attention was imperiously attracted to the change developing itself in
that portion of West Florida which, though of right appertaining to the
United States, had remained in the possession of Spain awaiting the
result of negotiations for its actual delivery to them. The Spanish
authority was subverted and a situation produced exposing the country to
ulterior events which might essentially affect the rights and welfare of
the Union. In such a conjuncture I did not delay the interposition
required for the occupancy of the territory west of the river Perdido,
to which the title of the United States extends, and to which the laws
provided for the Territory of Orleans are applicable. With this view,
the proclamation of which a copy is laid before you was confided to the
governor of that Territory to be carried into effect. The legality and
necessity of the course pursued assure me of the favorable light in
which it will present itself to the Legislature, and of the promptitude
with which they will supply whatever provisions may be due to the
essential rights and equitable interests of the people thus brought into
the bosom of the American family.
Our amity with the powers of Barbary, with the exception of a recent
occurrence at Tunis, of which an explanation is just received, appears
to have been uninterrupted and to have become more firmly established.
With the Indian tribes also the peace and friendship of the United
States are found to be so eligible that the general disposition to
preserve both continues to gain strength.
I feel particular satisfaction in remarking that an interior view of our
country presents us with grateful proofs of its substantial and
increasing prosperity. To a thriving agriculture and the improvements
related to it is added a highly interesting extension of useful
manufactures, the combined product of professional occupations and of
household industry. Such indeed is the experience of economy as well as
of policy in these substitutes for supplies heretofore obtained by
foreign commerce that in a national view the change is justly regarded
as of itself more than a recompense for those privations and losses
resulting from foreign injustice which furnished the general impulse
required for its accomplishment. How far it may be expedient to guard
the infancy of this improvement in the distribution of labor by
regulations of the commercial tariff is a subject which can not fail to
suggest itself to your patriotic reflections.
It will rest with the consideration of Congress also whether a provident
as well as fair encouragement would not be given to our navigation by
such regulations as would place it on a level of competition with
foreign vessels, particularly in transporting the important and bulky
productions of our own soil. The failure of equality and reciprocity in
the existing regulations on this subject operates in our ports as a
premium to foreign competitors, and the inconvenience must increase as
these may be multiplied under more favorable circumstances by the more
than countervailing encouragements now given them by the laws of their
respective countries.
Whilst it is universally admitted that a well-instructed people alone
can be permanently a free people, and whilst it is evident that the
means of diffusing and improving useful knowledge form so small a
proportion of the expenditures for national purposes, I can not presume
it to be unseasonable to invite your attention to the advantages of
superadding to the means of education provided by the several States a
seminary of learning instituted by the National Legislature within the
limits of their exclusive jurisdiction, the expense of which might be
defrayed or reimbursed out of the vacant grounds which have accrued to
the nation within those limits.
Such an institution, though local in its legal character, would be
universal in its beneficial effects. By enlightening the opinions, by
expanding the patriotism, and by assimilating the principles, the
sentiments, and the manners of those who might resort to this temple of
science, to be redistributed in due time through every part of the
community, sources of jealousy and prejudice would be diminished, the
features of national character would be multiplied, and greater extent
given to social harmony. But, above all, a well-constituted seminary in
the center of the nation is recommended by the consideration that the
additional instruction emanating from it would contribute not less to
strengthen the foundations than to adorn the structure of our free and
happy system of government.
Among the commercial abuses still committed under the American flag, and
leaving in force my former reference to that subject, it appears that
American citizens are instrumental in carrying on a traffic in enslaved
Africans, equally in violation of the laws of humanity and in defiance
of those of their own country. The same just and benevolent motives
which produced the interdiction in force against this criminal conduct
will doubtless be felt by Congress in devising further means of
suppressing the evil.
In the midst of uncertainties necessarily connected with the great
interests of the United States, prudence requires a continuance of our
defensive and precautionary arrangement. The Secretary of War and
Secretary of the Navy will submit the statements and estimates which may
aid Congress in their ensuing provisions for the land and naval forces.
The statements of the latter will include a view of the transfers of
appropriations in the naval expenditures and the grounds on which they
were made.
The fortifications for the defense of our maritime frontier have been
prosecuted according to the plan laid down in 1808. The works, with some
exceptions, are completed and furnished with ordnance. Those for the
security of the city of New York, though far advanced toward completion,
will require a further time and appropriation. This is the case with a
few others, either not completed or in need of repairs.
The improvements in quality and quantity made in the manufacture of
cannon and small arms, both at the public armories and private
factories, warrant additional confidence in the competency of these
resources for supplying the public exigencies.
These preparations for arming the militia having thus far provided for
one of the objects contemplated by the power vested in Congress with
respect to that great bulwark of the public safety, it is for their
consideration whether further provisions are not requisite for the other
contemplated objects of organization and discipline. To give to this
great mass of physical and moral force the efficiency which it merits,
and is capable of receiving, it is indispensable that they should be
instructed and practiced in the rules by which they are to be governed.
Toward an accomplishment of this important work I recommend for the
consideration of Congress the expediency of instituting a system which
shall in the first instance call into the field at the public expense
and for a given time certain portions of the commissioned and
noncommissioned officers. The instruction and discipline thus acquired
would gradually diffuse through the entire body of the militia that
practical knowledge and promptitude for active service which are the
great ends to be pursued. Experience has left no doubt either of the
necessity or of the efficacy of competent military skill in those
portions of an army in fitting it for the final duties which it may have
to perform.
The Corps of Engineers, with the Military Academy, are entitled to the
early attention of Congress. The buildings at the seat fixed by law for
the present Academy are so far in decay as not to afford the necessary
accommodation. But a revision of the law is recommended, principally
with a view to a more enlarged cultivation and diffusion of the
advantages of such institutions, by providing professorships for all the
necessary branches of military instruction, and by the establishment of
an additional academy at the seat of Government or elsewhere. The means
by which war, as well for defense as for offense, are now carried on
render these schools of the more scientific operations an indispensable
part of every adequate system. Even among nations whose large standing
armies and frequent wars afford every other opportunity of instruction
these establishments are found to be indispensable for the due
attainment of the branches of military science which require a regular
course of study and experiment. In a government happily without the
other opportunities seminaries where the elementary principles of the
art of war can be taught without actual war, and without the expense of
extensive and standing armies, have the precious advantage of uniting an
essential preparation against external danger with a scrupulous regard
to internal safety. In no other way, probably, can a provision of equal
efficacy for the public defense be made at so little expense or more
consistently with the public liberty.
The receipts into the Treasury during the year ending on the 30th of
September last (and amounting to more than $8,500,000) have exceeded the
current expenses of the Government, including the interest on the public
debt. For the purpose of reimbursing at the end of the year $3,750,000
of the principal, a loan, as authorized by law, had been negotiated to
that amount, but has since been reduced to $2,750,000, the reduction
being permitted by the state of the Treasury, in which there will be a
balance remaining at the end of the year estimated at $2,000,000. For
the probable receipts of the next year and other details I refer to
statements which will be transmitted from the Treasury, and which will
enable you to judge what further provisions may be necessary for the
ensuing years.
Reserving for future occasions in the course of the session whatever
other communications may claim your attention, I close the present by
expressing my reliance, under the blessing of Divine Providence, on the
judgment and patriotism which will guide your measures at a period
particularly calling for united councils and inflexible exertions for
the welfare of our country, and by assuring you of the fidelity and
alacrity with which my cooperation will be afforded.
JAMES MADISON.
SPECIAL MESSAGES.
DECEMBER 12, 1810.
_To the Senate and House of Representatives of the United States_:
I lay before Congress, and recommend to their early attention, a report
of the Secretary of State, from which it will be seen that a very
considerable demand beyond the legal appropriations has been incurred
for the support of seamen distressed by seizures, in different parts of
Europe, of the vessels to which they belonged.
JAMES MADISON.
WASHINGTON, _January 3, 1811_.
_To the Senate and House of Representatives of the United States_:
I communicate to Congress, in confidence, a letter of the 2d of December
from Governor Folch, of West Florida, to the Secretary of State, and
another of the same date from the same to John McKee.
I communicate in like manner a letter from the British chargé d'affaires
to the Secretary of State, with the answer of the latter. Although the
letter can not have been written in consequence of any instruction from
the British Government founded on the late order for taking possession
of the portion of West Florida well known to be claimed by the United
States; although no communication has ever been made by that Government
to this of any stipulation with Spain contemplating an interposition
which might so materially affect the United States, and although no call
can have been made by Spain in the present instance for the fulfillment
of any such subsisting engagement, yet the spirit and scope of the
document, with the accredited source from which it proceeds, required
that it should not be withheld from the consideration of Congress.
Taking into view the tenor of these several communications, the posture
of things with which they are connected, the intimate relation of the
country adjoining the United States eastward of the river Perdido to
their security and tranquillity, and the peculiar interest they
otherwise have in its destiny, I recommend to the consideration of
Congress the seasonableness of a declaration that the United States
could not see without serious inquietude any part of a neighboring
territory in which they have in different respects so deep and so just a
concern pass from the hands of Spain into those of any other foreign
power.
I recommend to their consideration also the expediency of authorizing
the Executive to take temporary possession of any part or parts of the
said Territory, in pursuance of arrangements which may be desired by the
Spanish authorities, and for making provision for the government of the
same during such possession.
The wisdom of Congress will at the same time determine how far it may be
expedient to provide for the event of a subversion of the Spanish
authorities within the Territory in question, and an apprehended
occupancy thereof by any other foreign power.
JAMES MADISON.
JANUARY 10, 1811.
_To the Senate and House of Representatives of the United States_:
I communicate to Congress, in confidence, the translation of a letter
from Louis de Onis to the captain general of Caraccas.
The tendency of misrepresentations and suggestions which it may be
inferred from this specimen enter into more important correspondences of
the writer to promote in foreign councils at a critical period views
adverse to the peace and to the best interests of our country renders
the contents of the letter of sufficient moment to be made known to the
legislature,
JAMES MADISON.
JANUARY 30, 1811.
_To the Senate and House of Representatives of the United States_:
I transmit to Congress copies of a letter from the Secretary of the
Treasury, accompanied by copies of the Laws, Treaties, and other
Documents Relative to the Public Lands, as collected and arranged
pursuant to the act passed April 27, 1810.
JAMES MADISON.
JANUARY 31, 1811.
_To the Senate and House of Representatives of the United States_:
I lay before Congress a letter from the chargé d'affaires of the United
States at Paris to the Secretary of State, and another from the same to
the French minister of foreign relations; also two letters from the
agent of the American consul at Bordeaux to the Secretary of State.
JAMES MADISON.
FEBRUARY 16, 1811.
_To the Senate and House of Representatives of the United States_:
I now lay before Congress the treaty concluded on the 10th of November,
1808, on the part of the United States with the Great and Little Osage
tribes of Indians, with a view to such legal provisions as may be deemed
proper for fulfilling its stipulations.
JAMES MADISON.
VETO MESSAGES.
FEBRUARY 21, 1811.
_To the House of Representatives of the United States_:
Having examined and considered the bill entitled "An act incorporating
the Protestant Episcopal Church in the town of Alexandria, in the
District of Columbia," I now return the bill to the House of
Representatives, in which it originated, with the following objections:
_Because_ the bill exceeds the rightful authority to which
governments are limited by the essential distinction between civil and
religious functions, and violates in particular the article of the
Constitution of the United States which declares that "Congress shall
make no law respecting a religious establishment." The bill enacts into
and establishes by law sundry rules and proceedings relative purely to
the organization and polity of the church incorporated, and
comprehending even the election and removal of the minister of the same,
so that no change could be made therein by the particular society or by
the general church of which it is a member, and whose authority it
recognizes. This particular church, therefore, would so far be a
religious establishment by law, a legal force and sanction being given
to certain articles in its constitution and administration. Nor can it
be considered that the articles thus established are to be taken as the
descriptive criteria only of the corporate identity of the society,
inasmuch as this identity must depend on other characteristics, as the
regulations established are generally unessential and alterable
according to the principles and canons by which churches of that
denomination govern themselves, and as the injunctions and prohibitions
contained in the regulations would be enforced by the penal consequences
applicable to a violation of them according to the local law.
_Because_ the bill vests in the said incorporated church an
authority to provide for the support of the poor and the education of
poor children of the same, an authority which, being altogether
superfluous if the provision is to be the result of pious charity, would
be a precedent for giving to religious societies as such a legal agency
in carrying into effect a public and civil duty.
JAMES MADISON.
FEBRUARY 28, 1811.
_To the House of Representatives of the United States_:
Having examined and considered the bill entitled "An act for the relief
of Richard Tervin, William Coleman, Edwin Lewis, Samuel Mims, Joseph
Wilson, and the Baptist Church at Salem Meeting House, in the
Mississippi Territory," I now return the same to the House of
Representatives, in which it originated, with the following objection:
_Because_ the bill in reserving a certain parcel of land of the
United States for the use of said Baptist Church comprises a principle
and precedent for the appropriation of funds of the United States for
the use and support of religious societies, contrary to the article of
the Constitution which declares that "Congress shall make no law
respecting a religious establishment."
JAMES MADISON.
PROCLAMATION.
[From the National Intelligencer, July 25, 1811]
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas great and weighty matters claiming the consideration of the
Congress of the United States form an extraordinary occasion for
convening them, I do by these presents appoint Monday, the 4th day of
November next, for their meeting at the city of Washington, hereby
requiring the respective Senators and Representatives then and there to
assemble in Congress, in order to receive such communications as may
then be made to them, and to consult and determine on such measures as
in their wisdom may be deemed meet for the welfare of the United States.
[SEAL.]
In testimony whereof I have caused the seal of the United States to be
hereunto affixed, and signed the same with my hand, Done at the city of
Washington, the 24th day of July, A.D. 1811, and of the Independence of
the United States the thirty-sixth.
JAMES MADISON.
By the President:
JAMES MONROE,
_Secretary of State_.
THIRD ANNUAL MESSAGE.
WASHINGTON, _November 5, 1811_.
_Fellow-Citizens of the Senate and of the House of Representatives_:
In calling you together sooner than a separation from your homes would
otherwise have been required I yielded to considerations drawn from the
posture of our foreign affairs, and in fixing the present for the time
of your meeting regard was had to the probability of further
developments of the policy of the belligerent powers toward this country
which might the more unite the national councils in the measures to be
pursued.
At the close of the last session of Congress it was hoped that the
successive confirmations of the extinction of the French decrees, so far
as they violated our neutral commerce, would have induced the Government
of Great Britain to repeal its orders in council, and thereby authorize
a removal of the existing obstructions to her commerce with the United
States.
Instead of this reasonable step toward satisfaction and friendship
between the two nations, the orders were, at a moment when least to have
been expected, put into more rigorous execution; and it was communicated
through the British envoy just arrived that whilst the revocation of the
edicts of France, as officially made known to the British Government,
was denied to have taken place, it was an indispensable condition of the
repeal of the British orders that commerce should be restored to a
footing that would admit the productions and manufactures of Great
Britain, when owned by neutrals, into markets shut against them by her
enemy, the United States being given to understand that in the meantime
a continuance of their non importation act would lead to measures of
retaliation.
At a later date it has indeed appeared that a communication to the
British Government of fresh evidence of the repeal of the French decrees
against our neutral trade was followed by an intimation that it had been
transmitted to the British plenipotentiary here in order that it might
receive full consideration in the depending discussions. This
communication appears not to have been received; but the transmission of
it hither, instead of founding on it an actual repeal of the orders or
assurances that the repeal would ensue, will not permit us to rely on
any effective change in the British cabinet. To be ready to meet with
cordiality satisfactory proofs of such a change, and to proceed in the
meantime in adapting our measures to the views which have been disclosed
through that minister will best consult our whole duty.
In the unfriendly spirit of those disclosures indemnity and redress for
other wrongs have continued to be withheld, and our coasts and the
mouths of our harbors have again witnessed scenes not less derogatory to
the dearest of our national rights than vexatious to the regular course
of our trade.