HISTORIC SPEECHES
ANDREW JACKSON
1834 State of the Union Address
December 1, 1834

Fellow Citizens of the Senate and of the House of Representatives:
In performing my duty at the opening of your present session it gives me pleasure
to congratulate you again upon the prosperous condition of our beloved country.
Divine Providence has favored us with general health, with rich rewards in the
fields of agriculture and in every branch of labor, and with peace to cultivate
and extend the various resources which employ the virtue and enterprise of our
citizens. Let us trust that in surveying a scene so flattering to our free institutions
our joint deliberations to preserve them may be crowned with success.
Our foreign relations continue, with but few exceptions, to maintain the favorable
aspect which they bore in my last annual message, and promise to extend those
advantages which the principles that regulate our intercourse with other nations
are so well calculated to secure.
The question of our North East boundary is still pending with Great Britain,
and the proposition made in accordance with the resolution of the Senate for
the establishment of a line according to the treaty of 1783 has not been accepted
by that Government. Believing that every disposition is felt on both sides to
adjust this perplexing question to the satisfaction of all the parties interested
in it, the hope is yet indulged that it may be effected on the basis of that
proposition.
With the Governments of Austria, Russia, Prussia, Holland, Sweden, and Denmark
the best understanding exists. Commerce with all is fostered and protected by
reciprocal good will under the sanction of liberal conventional or legal provisions.
In the midst of her internal difficulties the Queen of Spain has ratified the
convention for the payment of the claims of our citizens arising since 1819.
It is in the course of execution on her part, and a copy of it is now laid before
you for such legislation as may be found necessary to enable those interested
to derive the benefits of it.
Yielding to the force of circumstances and to the wise counsels of time and
experience, that power has finally resolved no longer to occupy the unnatural
position in which she stood to the new Governments established in this hemisphere.
I have the great satisfaction of stating to you that in preparing the way for
the restoration of harmony between those who have sprung from the same ancestors,
who are allied by common interests, profess the same religion, and speak the
same language the United States have been actively instrumental. Our efforts
to effect this good work will be persevered in while they are deemed useful
to the parties and our entire disinterestedness continues to be felt and understood.
The act of Congress to countervail the discriminating duties to the prejudice
of our navigation levied in Cuba and Puerto Rico has been transmitted to the
minister of the United States at Madrid, to be communicated to the Government
of the Queen. No intelligence of its receipt has yet reached the Department
of State. If the present condition of the country permits the Government to
make a careful and enlarged examination of the true interests of these important
portions of its dominions, no doubt is entertained that their future intercourse
with the United States will be placed upon a more just and liberal basis.
The Florida archives have not yet been selected and delivered. Recent orders
have been sent to the agent of the United States at Havana to return with all
that he can obtain, so that they may be in Washington before the session of
the Supreme Court, to be used in the legal questions there pending to which
the Government is a party.
Internal tranquillity is happily restored to Portugal. The distracted state
of the country rendered unavoidable the postponement of a final payment of the
just claims of our citizens. Our diplomatic relations will be soon resumed,
and the long-subsisting friendship with that power affords the strongest guaranty
that the balance due will receive prompt attnetion.
The first installment due under the convention of indemnity with the King of
the Two Sicilies has been duly received, and an offer has been made to extinguish
the whole by a prompt payment -- an offer I did not consider myself authorized
to accept, as the indemnification provided is the exclusive property of individual
citizens of the United States. The original adjustment of our claims and the
anxiety displayed to fulfill at once the stipulations made for the payment of
them are highly honorable to the Government of the Two Sicilies. When it is
recollected that they were the result of the injustice of an intrusive power
temporarily dominant in its territory, a repugnance to acknowledge and to pay
which would have been neither unnatural nor unexpected, the circumstances can
not fail to exalt its character for justice and good faith in the eyes of all
nations.
The treaty of amity and commerce between the United States and Belgium, brought
to your notice in my last annual message as sanctioned by the Senate, but the
ratifications of which had not been exchanged owing to a delay in its reception
at Brussels and a subsequent absence of the Belgian minister of foreign affairs,
has been, after mature deliberation, finally disavowed by that Government as
inconsistent with the powers and instructions given to their minister who negotiated
it. This disavowal was entirely unexpected, as the liberal principles embodied
in the convention, and which form the ground-work of the objections to it, were
perfectly satisfactory to the Belgian representative, and were supposed to be
not only within the powers granted, but expressly conformable to the instructions
given to him. An offer, not yet accepted, has been made by Belgium to renew
negotiations for a treaty less liberal in its provisions on questions of general
maritime law.
Our newly established relations with the Sublime Porte promise to be useful
to our commerce and satisfactory in every respect to this Government. Our intercourse
with the Barbary Powers continues without important change, except that the
present political state of Algiers has induced me to terminate the residence
there of a salaried consul and to substitute an ordinary consulate, to remain
so long as the place continues in the possession of France. Our first treaty
with one of these powers, the Emperor of Morocco, was formed in 1786, and was
limited to fifty years. That period has almost expired. I shall take measures
to renew it with the greater satisfaction as its stipulations are just and liberal
and have been, with mutual fidelity and reciprocal advantage, scrupulously fulfilled.
Intestine dissensions have too frequently occurred to mar the prosperity, interrupt
the commerce, and distract the governments of most of the nations of this hemisphere
which have separated themselves from Spain. When a firm and permanent understanding
with the parent country shall have produced a formal acknowledgment of their
independence, and the idea of danger from that quarter can be no longer entertained,
the friends of freedom expect that those countries, so favored by nature, will
be distinguished for their love of justice and their devotion to those peaceful
arts the assiduous cultivation of which confers honor upon nations and gives
value to human life.
In the mean time I confidently hope that the apprehensions entertained that
some of the people of these luxuriant regions may be tempted, in a moment of
unworthy distrust of their own capacity for the enjoyment of liberty, to commit
the too common error of purchasing present repose by bestowing on some favorite
leaders the fatal gift of irresponsible power will not be realized. With all
these Governments and with that of Brazil no unexpected changes in our relations
have occurred during the present year.
Frequent causes of just complaint have arisen upon the part of the citizens
of the United States, some times from the irregular action of the constituted
subordinate authorities of the maritime regions and some times from the leaders
or partisans of those in arms against the established Governments. In all cases
representations have been or will be made, and as soon as their political affairs
are in a settled position it is expected that our friendly remonstrances will
be followed by adequate redress.
The Government of Mexico made known in [1833] December last the appointment
of commissioners and a surveyor on its part to run, in conjunction with ours,
the boundary line between its territories and the United States, and excused
the delay for the reasons anticipated -- the prevalence of civil war. The commissioners
and surveyors not having met within the time stipulated by the treaty, a new
arrangement became necessary, and our chargé d'affaires was instructed
in [1833] January to negotiate in Mexico an article additional to the pre-existing
treaty. This instruction was acknowledged, and no difficulty was apprehended
in the accomplishment of that object. By information just received that additional
article to the treaty will be obtained and transmitted to this country as soon
as it can receive the ratification of the Mexican Congress.
The reunion of the three States of New Grenada, Venezuela, and Equador, forming
the Republic of Colombia, seems every day to become more improbable. The commissioners
of the two first are understood to be now negotiating a just division of the
obligations contracted by them when united under one government. The civil war
in Equador, it is believed, has prevented even the appointment of a commissioner
on its part.
I propose at an early day to submit, in the proper form, the appointment of
a diplomatic agent to Venezuela, the importance of the commerce of that country
to the United States and the large claims of our citizens upon the Government
arising before and since the division of Colombia rendering it, in my judgment,
improper longer to delay this step.
Our representatives to Central America, Peru, and Brazil are either at or on
their way to their respective posts.
From the Argentine Republic, from which a minister was expected to this Government,
nothing further has been heard. Occasion has been taken on the departure of
a new consul to Buenos Ayres to remind that Government that its long delayed
minister, whose appointment had been made known to us, had not arrived.
It becomes my unpleasant duty to inform you that this pacific and highly gratifying
picture of our foreign relations does not include those with France at this
time. It is not possible that any Government and people could be more sincerely
desirous of conciliating a just and friendly intercourse with another nation
than are those of the United States with their ancient ally and friend. This
disposition is founded as well on the most grateful and honorable recollections
associated with our struggle for independence as upon a well grounded conviction
that it is consonant with the true policy of both. The people of the United
States could not, therefore, see without the deepest regret even a temporary
interruption of the friendly relations between the two countries -- a regret
which would, I am sure, be greatly aggravated if there should turn out to be
any reasonable ground for attributing such a result to any act of omission or
commission on our part. I derive, therefore, the highest satisfaction from being
able to assure you that the whole course of this Government has been characterized
by a spirit so conciliatory and for bearing as to make it impossible that our
justice and moderation should be questioned, what ever may be the consequences
of a longer perseverance on the part of the French Government in her omission
to satisfy the conceded claims of our citizens.
The history of the accumulated and unprovoked aggressions upon our commerce
committed by authority of the existing Governments of France between the years
1800 and 1817 has been rendered too painfully familiar to Americans to make
its repetition either necessary or desirable. It will be sufficient here to
remark that there has for many years been scarcely a single administration of
the French Government by whom the justice and legality of the claims of our
citizens to indemnity were not to a very considerable extent admitted, and yet
near a quarter of a century has been wasted in ineffectual negotiations to secure
it.
Deeply sensible of the injurious effects resulting from this state of things
upon the interests and character of both nations, I regarded it as among my
first duties to cause one more effort to be made to satisfy France that a just
and liberal settlement of our claims was as well due to her own honor as to
their incontestable validity. The negotiation for this purpose was commenced
with the late Government of France, and was prosecuted with such success as
to leave no reasonable ground to doubt that a settlement of a character quite
as liberal as that which was subsequently made would have been effected had
not the revolution by which the negotiation was cut off taken place. The discussions
were resumed with the present Government, and the result showed that we were
not wrong in supposing that an event by which the two Governments were made
to approach each other so much nearer in their political principles, and by
which the motives for the most liberal and friendly intercourse were so greatly
multiplied, could exercise no other than a salutary influence upon the negotiation.
After the most deliberate and thorough examination of the whole subject a treaty
between the two Governments was concluded and signed at Paris on 1831-07-04,
by which it was stipulated that "the French Government, in order to liberate
itself from all the reclamations preferred against it by citizens of the United
States for unlawful seizures, captures, sequestrations, confiscations, or destruction
of their vessels, cargoes, or other property, engages to pay a sum of 25,000,000
francs to the United States, who shall distribute it among those entitled in
the manner and according to the rules it shall determine"; and it was also
stipulated on the part of the French Government that this 25,000,000 francs
should "be paid at Paris, in six annual installments of 4,166,666 francs and
66 centimes each, into the hands of such person or persons "as shall be authorized
by the Government of the US to receive it", the first installment to be
paid "at the expiration of one year next following the exchange of the ratifications
of this convention and the others at successive intervals of a year, one after
another, 'til the whole shall be paid. To the amount of each of the said installments
shall be added interest at 4% thereupon, as upon the other installments then
remaining unpaid, the said interest to be computed from the day of the exchange
of the present convention".
It was also stipulated on the part of the United States, for the purpose of
being completely liberated from all the reclamations presented by France on
behalf of its citizens, that the sum of 1,500,000 francs should be paid to the
Government of France in six annual installments, to be deducted out of the annual
sums which France had agreed to pay, interest thereupon being in like manner
computed from the day of the exchange of the ratifications. In addition to this
stipulation, important advantages were secured to France by the following article,
viz:
The wines of France, from and after the exchange of the ratifications
of the present conventions, shall be admitted to consumption in the States of
the Union at duties which shall not exceed the following rates by the gallon
(such as it is used at present for wines in the US), to wit: 6 cents for red
wines in casks; 10 cents for white wines in casks, and 22 cents for wines of
all sorts in bottles. The proportions existing between the duties on French
wines thus reduced and the general rates of the tariff which went into operation
1829-01-01, shall be maintained in case the Government of the United States
should think proper to diminish those general rates in a new tariff.
In consideration of this stipulation, which shall be binding on the United
States for 10 years, the French Government abandons the reclamations which
it had formed in relation to the 8th article of the treaty of cession of Louisiana.
It engages, moreover, to establish on the long-staple cottons of the United
States which after the exchange of the ratifications of the present convention
shall be brought directly thence to France by the vessels of the US or by
French vessels the same duties as on short-staple cotton.
This treaty was duly ratified in the manner prescribed by the constitutions of
both countries, and the ratification was exchanged at the city of Washington on
1832-02-02. On account of its commercial stipulations it was in five days thereafter
laid before the Congress of the United States, which proceeded to enact such laws
favorable to the commerce of France as were necessary to carry it into full execution,
and France has from that period to the present been in the unrestricted enjoyment
of the valuable privileges that were thus secured to her.
The faith of the French nation having been thus solemnly pledged through its
constitutional organ for the liquidation and ultimate payment of the long deferred
claims of our citizens, as also for the adjustment of other points of great
and reciprocal benefits to both countries, and the United States having, with
a fidelity and promptitude by which their conduct will, I trust, be always characterized,
done every thing that was necessary to carry the treaty into full and fair effect
on their part, counted with the most perfect confidence on equal fidelity and
promptitude on the part of the French Government. In this reasonable expectation
we have been, I regret to inform you, wholly disappointed. No legislative provision
has been made by France for the execution of the treaty, either as it respects
the indemnity to be paid or the commercial benefits to be secured to the United
States, and the relations between the United States and that power in consequence
thereof are placed in a situation threatening to interrupt the good understanding
which has so long and so happily existed between the two nations.
Not only has the French Government been thus wanting in the performance of
the stipulations it has so solemnly entered into with the United States, but
its omissions have been marked by circumstances which would seem to leave us
without satisfactory evidences that such performance will certainly take place
at a future period. Advice of the exchange of ratifications reached Paris prior
to 1832-04-08. The French Chambers were then sitting, and continued in session
until 1832-04-21, and although one installment of the indemnity was payable
on 1833-02-02, one year after the exchange of ratifications, no application
was made to the Chambers for the required appropriation, and in consequence
of no appropriation having then been made the draft of the United States Government
for that installment was dishonored by the minister of finance, and the United
States thereby involved in much controversy.
The next session of the Chambers commenced on 1832-11-19, and continued until
1833-04-25. Not withstanding the omission to pay the first installment had been
made the subject of earnest remonstrance on our part, the treaty with the United
States and a bill making the necessary appropriations to execute it were not
laid before the Chamber of Deputies until 1833-04-06, nearly five months after
its meeting, and only nineteen days before the close of the session. The bill
was read and referred to a committee, but there was no further action upon it.
The next session of the Chambers commenced on 1833-04-26, and continued until
1833-06-26. A new bill was introduced on 1833-06-11, but nothing important was
done in relation to it during the session.
In 1834 April, nearly three years after the signature of the treaty, the final
action of the French Chambers upon the bill to carry the treaty into effect
was obtained, and resulted in a refusal of the necessary appropriations. The
avowed grounds upon which the bill was rejected are to be found in the published
debates of that body, and no observations of mine can be necessary to satisfy
Congress of their utter insufficiency. Although the gross amount of the claims
of our citizens is probably greater than will be ultimately allowed by the commissioners,
sufficient is, never the less, shown to render it absolutely certain that the
indemnity falls far short of the actual amount of our just claims, independently
of the question of damages and interest for the detention. That the settlement
involved a sacrifice in this respect was well known at the time -- a sacrifice
which was cheerfully acquiesced in by the different branches of the Federal
Government, whose action upon the treaty was required from a sincere desire
to avoid further collision upon this old and disturbing subject and in the confident
expectation that the general relations between the two countries would be improved
thereby.
The refusal to vote the appropriation, the news of which was received from
our minister in Paris about 1834-05-15, might have been considered the final
determination of the French Government not to execute the stipulations of the
treaty, and would have justified an immediate communication of the facts to
Congress, with a recommendation of such ultimate measures as the interest and
honor of the United States might seem to require. But with the news of the refusal
of the Chambers to make the appropriation were conveyed the regrets of the King
and a declaration that a national vessel should be forthwith sent out with instructions
to the French minister to give the most ample explanations of the past and the
strongest assurances for the future. After a long passage the promised dispatch
vessel arrived.
The pledges given by the French minister upon receipt of his instructions were
that as soon after the election of the new members as the charter would permit
the legislative Chambers of France should be called together and the proposition
for an appropriation laid before them; that all the constitutional powers of
the King and his cabinet should be exerted to accomplish the object, and that
the result should be made known early enough to be communicated to Congress
at the commencement of the present session. Relying upon these pledges, and
not doubting that the acknowledged justice of our claims, the promised exertions
of the King and his cabinet, and, above all, that sacred regard for the national
faith and honor for which the French character has been so distinguished would
secure an early execution of the treaty in all its parts, I did not deem it
necessary to call the attention of Congress to the subject at the last session.
I regret to say that the pledges made through the minister of France have not
been redeemed. The new Chambers met on 1834-07-31, and although the subject
of fulfilling treaties was alluded to in the speech from the throne, no attempt
was made by the King or his cabinet to procure an appropriation to carry it
into execution. The reasons given for this omission, although they might be
considered sufficient in an ordinary case, are not consistent with the expectations
founded upon the assurances given here, for there is no constitutional obstacle
to entering into legislative business at the first meeting of the Chambers.
This point, however, might have been over-looked had not the Chambers, instead
of being called to meet at so early a day that the result of their deliberations
might be communicated to me before the meeting of Congress, been prorogued to
1834-12-29 -- a period so late that their decision can scarcely be made known
to the present Congress prior to its dissolution. To avoid this delay our minister
in Paris, in virtue of the assurance given by the French minister in the United
States, strongly urged the convocation of the Chambers at an earlier day, but
without success. It is proper to remark, however, that this refusal has been
accompanied with the most positive assurances on the part of the executive government
of France of their intention to press the appropriation at the ensuing session
of the Chambers.
The executive branch of this Government has, as matters stand, exhausted all
the authority upon the subject with which it is invested and which it had any
reason to believe could be beneficially employed.
The idea of acquiescing in the refusal to execute the treaty will not, I am
confident, be for a moment entertained by any branch of this Government, and
further negotiation upon the subject is equally out of the question.
If it shall be the pleasure of Congress to await the further action of the
French Chambers, no further consideration of the subject will at this session
probably be required at your hands. But if from the original delay in asking
for an appropriation, from the refusal of the Chambers to grant it when asked,
from the omission to bring the subject before the Chambers at their last session,
from the fact that, including that session, there have been five different occasions
when the appropriation might have been made, and from the delay in convoking
the Chambers until some weeks after the meeting of Congress, when it was well
known that a communication of the whole subject to Congress at the last session
was prevented by assurances that it should be disposed of before its present
meeting, you should feel yourselves constrained to doubt whether it be the intention
of the French Government, in all its branches, to carry the treaty into effect,
and think that such measures as the occasion may be deemed to call for should
be now adopted, the important question arises what those measures shall be.
Our institutions are essentially pacific. Peace and friendly intercourse with
all nations are as much the desire of our Government as they are the interest
of our people. But these objects are not to be permanently secured by surrendering
the rights of our citizens or permitting solemn treaties for their indemnity,
in cases of flagrant wrong, to be abrogated or set aside.
It is undoubtedly in the power of Congress seriously to affect the agricultural
and manufacturing interests of France by the passage of laws relating to her
trade with the United States. Her products, manufactures, and tonnage may be
subjected to heavy duties in our ports, or all commercial intercourse with her
may be suspended. But there are powerful and to my mind conclusive objections
to this mode of proceeding.
We can not embarrass or cut off the trade of France without at the same time
in some degree embarrassing or cutting off our own trade. The injury of such
a warfare must fall, though unequally, upon our own citizens, and could not
but impair the means of the Government and weaken that united sentiment in support
of the rights and honor of the nation which must now pervade every bosom. Nor
is it impossible that such a course of legislation would introduce once more
into our national councils those disturbing questions in relation to the tariff
of duties which have been so recently put to rest. Besides, by every measure
adopted by the Government of the United Sstates with the view of injuring France
the clear perception of right which will induce our own people and the rulers
and people of all other nations, even of France herself, to pronounce our quarrel
just will be obscured and the support rendered to us in a final resort to more
decisive measures will be more limited and equivocal.
There is but one point of controversy, and upon that the whole civilized world
must pronounce France to be in the wrong. We insist that she shall pay us a
sum of money which she has acknowledged to be due, and of the justice of this
demand there can be but one opinion among mankind. True policy would seem to
dictate that the question at issue should be kept thus disencumbered and that
not the slightest pretense should be given to France to persist in her refusal
to make payment by any act on our part affecting the interests of her people.
The question should be left, as it is now, in such an attitude that when France
fulfills her treaty stipulations all controversy will be at an end.
It is my conviction that the United States ought to insist on a prompt execution
of the treaty, and in case it be refused or longer delayed take redress into
their own hands. After the delay on the part of France of a quarter of a century
in acknowledging these claims by treaty, it is not to be tolerated that another
quarter of a century is to be wasted in negotiating about the payment. The laws
of nations provide a remedy for such occasions. It is a well-settled principle
of the international code that where one nation owes another a liquidated debt
which it refuses or neglects to pay the aggrieved party may seize on the property
belonging to the other, its citizens or subjects, sufficient to pay the debt
without giving just cause of war. This remedy has been repeatedly resorted to,
and recently by France herself toward Portugal, under circumstances less unquestionable.
The time at which resort should be had to this or any other mode of redress
is a point to be decided by Congress. If an appropriation shall not be made
by the French Chambers at their next session, it may justly be concluded that
the Government of France has finally determined to disregard its own solemn
undertaking and refuse to pay an acknowledged debt. In that event every day's
delay on our part will be a stain upon our national honor, as well as a denial
of justice to our injured citizens. Prompt measures, when the refusal of France
shall be complete, will not only be most honorable and just, but will have the
best effect upon our national character.
Since France, in violation of the pledges given through her minister here,
has delayed her final action so long that her decision will not probably be
known in time to be communicated to this Congress, I recommend that a law be
passed authorizing reprisals upon French property in case provision shall not
be made for the payment of the debt at the approaching session of the French
Chambers. Her pride and power are too well known to expect any thing from her
fears and preclude the necessity of a declaration that nothing partaking of
the character of intimidation is intended by us. She ought to look upon it as
the evidence only of an inflexible determination on the part of the United States
to insist on their rights.
That Government, by doing only what it has itself acknowledged to be just,
will be able to spare the United States the necessity of taking redress into
their own hands and save the property of French citizens from that seizure and
sequestration which American citizens so long endured without retaliation or
redress. If she should continue to refuse that act of acknowledged justice and,
in violation of the law of nations, make reprisals on our part the occasion
of hostilities against the United States, she would but add violence to injustice,
and could not fail to expose herself to the just censure of civilized nations
and to the retributive judgments of Heaven.
Collision with France is the more to be regretted on account of the position
she occupies in Europe in relation to liberal institutions, but in maintaining
our national rights and honor all governments are alike to us. If by a collision
with France in a case where she is clearly in the wrong the march of liberal
principles shall be impeded, the responsibility for that result as well as every
other will rest on her own head.
Having submitted these considerations, it belongs to Congress to decide whether
after what has taken place it will still await the further action of the French
Chambers or now adopt such provisional measures as it may deem necessary and
best adapted to protect the rights and maintain the honor of the country. What
ever that decision may be, it will be faithfully enforced by the Executive as
far as he is authorized so to do.
According to the estimate of the Treasury Department, the revenue accruing
from all sources during the present year will amount to $20,624,717, which,
with the balance remaining in the Treasury on 1834-01-01 of $11,702,905, produces
an aggregate of $32,327,623. The total expenditure during the year for all objects,
including the public debt, is estimated at $25,591,390, which will leave a balance
in the Treasury on 1835-01-01 of $6,736,232. In this balance, however, will
be included about $1,150,000 of what was heretofore reported by the Department
as not effective.
Of former appropriations it is estimated that there will remain unexpended
at the close of the year $8,002,925, and that of this sum there will not be
required more than $5,141,964 to accomplish the objects of all the current appropriations.
Thus it appears that after satisfying all those appropriations and after discharging
the last item of our public debt, which will be done on 1835-01-01, there will
remain unexpended in the Treasury an effective balance of about $440,000. That
such should be the aspect of our finances is highly flattering to the industry
and enterprise of our population and auspicious of the wealth and prosperity
which await the future cultivation of their growing resources. It is not deemed
prudent, however, to recommend any change for the present in our impost rates,
the effect of the gradual reduction now in progress in many of them not being
sufficiently tested to guide us in determining the precise amount of revenue
which they will produce.
Free from public debt, at peace with all the world, and with no complicated
interests to consult in our intercourse with foreign powers, the present may
be hailed as the epoch in our history the most favorable for the settlement
of those principles in our domestic policy which shall be best calculated to
give stability to our Republic and secure the blessings of freedom to our citizens.
Among these principles, from our past experience, it can not be doubted that
simplicity in the character of the Federal Government and a rigid economy in
its administration should be regarded as fundamental and sacred. All must be
sensible that the existence of the public debt, by rendering taxation necessary
for its extinguishment, has increased the difficulties which are inseparable
from every exercise of the taxing power, and that it was in this respect a remote
agent in producing those disturbing questions which grew out of the discussions
relating to the tariff. If such has been the tendency of a debt incurred in
the acquisition and maintenance of our national rights and liberties, the obligations
of which all portions of the Union cheerfully acknowledged, it must be obvious
that what ever is calculated to increase the burdens of Government without necessity
must be fatal to all our hopes of preserving its true character.
While we are felicitating ourselves, therefore, upon the extinguishment of
the national debt and the prosperous state of our finances, let us not be tempted
to depart from those sound maxims of public policy which enjoin a just adaptation
of the revenue to the expenditures that are consistent with a rigid economy
and an entire abstinence from all topics of legislation that are not clearly
within the constitutional powers of the Government and suggested by the wants
of the country. Properly regarded under such a policy, every diminution of the
public burdens arising from taxation gives to individual enterprise increased
power and furnishes to all the members of our happy Confederacy new motives
for patriotic affection and support. But above all, its most important effect
will be found in its influence upon the character of the Government by confining
its action to those objects which will be sure to secure to it the attachment
and support of our fellow citizens.
Circumstances make it my duty to call the attention of Congress to the Bank
of the United States. Created for the convenience of the Government, that institution
has become the scourge of the people. Its interference to postpone the payment
of a portion of the national debt that it might retain the public money appropriated
for that purpose to strengthen it in a political contest, the extraordinary
extension and contraction of its accommodations to the community, its corrupt
and partisan loans, its exclusion of the public directors from a knowledge of
its most important proceedings, the unlimited authority conferred on the president
to expend its funds in hiring writers and procuring the execution of printing,
and the use made of that authority, the retention of the pension money and books
after the selection of new agents, the groundless claim to heavy damages in
consequence of the protest of the bill drawn on the French Government, have
through various channels been laid before Congress.
Immediately after the close of the last session the bank, through its president,
announced its ability and readiness to abandon the system of unparalleled curtailment
and the interruption of domestic exchanges which it had practiced upon from
1833-08-01 to 1834-06-30, and to extend its accommodations to the community.
The grounds assumed in this annunciation amounted to an acknowledgment that
the curtailment, in the extent to which it had been carried, was not necessary
to the safety of the bank, and had been persisted in merely to induce Congress
to grant the prayer of the bank in its memorial relative to the removal of the
deposits and to give it a new charter. They were substantially a confession
that all the real distresses which individuals and the country had endured for
the preceding 6 or 8 months had been needlessly produced by it, with the view
of affecting through the sufferings of the people the legislative action of
Congress.
It is subject of congratulation that Congress and the country had the virtue
and firmness to bear the infliction, that the energies of our people soon found
relief from this wanton tyranny in vast importations of th eprecious metals
from almost every part of the world, and that at the close of this tremendous
effort to control our Government the bank found itself powerless and no longer
able to loan out its surplus means. The community had learned to manage its
affairs without its assistance, and trade had already found new auxiliaries,
so that on 1834-10-01 the extraordinary spectacle was presented of a national
more than half of whose capital was either lying unproductive in its vaults
or in the hands of foreign bankers.
To the needless distresses brought on the country during the last session of
Congress has since been added the open seizure of the dividends on the public
stock to the amount of $170,041, under pretense of paying damages, cost, and
interest upon the protested French bill. This sum constituted a portion of the
estimated revenues for the year 1834, upon which the appropriations made by
Congress were based. It would as soon have been expected that our collectors
would seize on the customs or the receivers of our land offices on the moneys
arising from the sale of public lands under pretenses of claims against the
United States as that the bank would have retained the dividends. Indeed, if
the principle be established that any one who chooses to set up a claim against
the United States may without authority of law seize on the public property
or money wherever he can find it to pay such claim, there will remain no assurance
that our revenue will reach the Treasury or that it will be applied after the
appropriation to the purposes designated in the law.
The pay masters of our Army and the pursers of our Navy may under like pretenses
apply to their own use moneys appropriated to set in motion the public force,
and in time of war leave the country without defense. This measure resorted
to by the bank is disorganizing and revolutionary, and if generally resorted
to by private citizens in like cases would fill the land with anarchy and violence.
It is a constitutional provision "that no money shall be drawn from the
Treasury but in consequence of appropriations made by law". The palpable
object of this provision is to prevent the expenditure of the public money for
any purpose what so ever which shall not have been 1st approved by the representatives
of the people and the States in Congress assembled. It vests the power of declaring
for what purposes the public money shall be expended in the legislative department
of the Government, to the exclusion of the executive and judicial, and it is
not within the constitutional authority of either of those departments to pay
it away without law or to sanction its payment.
According to this plain constitutional provision, the claim of the bank can
never be paid without an appropriation by act of Congress. But the bank has
never asked for an appropriation. It attempts to defeat the provision of the
Constitution and obtain payment without an act of Congress. Instead of awaiting
an appropriation passed by both Houses and approved by the President, it makes
an appropriation for itself and invites an appeal to the judiciary to sanction
it. That the money had not technically been paid into the Treasury does not
affect the principle intended to be established by the Constitution.
The Executive and the judiciary have as little right to appropriate and expend
the public money without authority of law before it is placed to the credit
of the Treasury as to take it from the Treasury. In the annual report of the
Secretary of the Treasury, and in his correspondence with the president of the
bank, and the opinions of the Attorney General accompanying it, you will find
a further examination of the claims of the bank and the course it has pursued.
It seems due to the safety of the people funds remaining in that bank and to
the honor of the American people that measures be taken to separate the Government
entirely from an institution so mischievous to the public prosperity and so
regardless of the Constitution and laws. By transferring the public deposits,
by appointing other pension agents as far as it had the power, by ordering the
discontinuance of the receipt of bank checks in the payment of the public dues
after 1834-01-01, the Executive has exerted all its lawful authority to sever
the connection between the Government and this faithless corporation.
The high-handed career of this institution imposes upon the constitutional
functionaries of this Government duties of the gravest and most imperative character
-- duties which they can not avoid and from which I trust there will be no inclination
on the part of any of them to shrink. My own sense of them is most clear, as
is also my readiness to discharge those which may rightfully fall on me. To
continue any business relations with the Bank of the United States that may
be avoided without a violation of the national faith after that institution
has set at open defiance the conceded right of the Government to examine its
affairs, after it has done all in its power to deride the public authority in
other respects and to bring it into disrepute at home and abroad, after it has
attempted to defeat the clearly expressed will of the people by turning against
them the immense power intrusted to its hands and by involving a country otherwise
peaceful, flourishing, and happy, in dissension, embarrassment, and distress,
would make the nation itself a party to the degradation so sedulously prepared
for itss public agents and do much to destroy the confidence of man-kind in
popular governments and to bring into contempt their authority and efficiency.
In guarding against an evil of such magnitude consideration of temprary convenience
should be thrown out of the question, and we should be influenced by such motives
only as look to the honor and preservation of the republican system. Deeply
and solemnly impressed with the justice of these views, I feel it to be my duty
to recommend to you that a law be passed authorizing the sale of the public
stock; that the provision of the charter requiring the receipt of notes of the
bank in payment of public dues shall, in accordance with the power reserved
to Congress in the 14th section of the charter, be suspended until the bank
pays to the Treasury the dividends withheld, and that all laws connecting the
Government or its officers with the bank, directly or indirectly, be repealed,
and that the institution be left hereafter to its own resources and means.
Events have satisfied my mind, and I think the minds of the American people,
that the mischiefs and dangers which flow from a national bank far over-balance
all its advantages. The bold effort the present bank has made to control the
Government, the distresses it has wantonly produced, the violence of which it
has been the occasion in one of our cities famed for its observance of law and
order, are but premonitions of the fate which awaits the American people should
they be deluded into a perpetuation of this institution or the establishment
of another like it. It is fervently hoped that thus admonished those who have
heretofore favored the establishment of a substitute for the present bank will
be induced to abandon it, as it is evidently better to incur any inconvenience
that may be reasonably expected than to concentrate the whole moneyed power
of the Republic in any form what so ever or under any restrictions.
Happily it is already illustrated that the agency of such an institution is
not necessary to the fiscal operations of the Government. The State banks are
found fully adequate to the performance of all services which were required
of the Bank of the United States, quite as promptly and with the same cheapness.
They have maintained themselves and discharged all these duties while the Bank
of the United States was still powerful and in the field as an open enemy, and
it is not possible to conceive that they will find greater difficulties in their
operations when that enemy shall cease to exist.
The attention of Congress is earnestly invited to the regulation of the deposits
in the State banks by law. Although the power now exercised by the executive
department in this behalf is only such as was uniformly exerted through every
Administration from the origin of the Government up to the establishment of
the present bank, yet it is one which is susceptible of regulation by law, and
therefore ought so to be regulated. The power of Congress to direct in what
places the Treasurer shall keep the moneys in the Treasury and to impose restrictions
upon the Executive authority in relation to their custody and removal is unlimited,
and its exercise will rather be courted than discouraged by those public officers
and agents on whom rests the responsibility for their safety. It is desirable
that as little power as possible should be left to the President or the Secretary
of the Treasury over those institutions, which, being thus freed from Executive
influence, and without a common head to direct their operations, would have
neither the temptation nor the ability to interfere in the political conflicts
of the country. Not deriving their charters from the national authorities, they
would never have those inducements to meddle in general elections which have
led the Bank of the United States to agitate and convulse the country for upward
of two years.
The progress of our gold coinage is creditable to the officers of the Mint,
and promises in a short period to furnish the country with a sound and portable
currency, which will much diminish the inconvenience to travelers of the want
of a general paper currency should the State banks be incapable of furnishing
it. Those institutions have already shown themselves competent to purchase and
furnish domestic exchange for the convenience of trade at reasonable rates,
and not a doubt is entertained that in a short period all the wants of the country
in bank accommodations and exchange will be supplid as promptly and as cheaply
as they have heretofore been by the Bank of the United States. If the several
States shall be induced gradually to reform their banking systems and prohibit
the issue of all small notes, we shall in a few years have a currency as sound
and as little liable to fluctuations as any other commercial country.
The report of the Secretary of War, together with the accompanying documents
from the several bureaux of that Department, will exhibit the situation of the
various objects committed to its administration.
No event has occurred since your last session rendering necessary any movements
of the Army, with the exception of the expedition of the regiment of dragoons
into the territory of the wandering and predatory tribes inhabiting the western
frontier and living adjacent to the Mexican boundary. These tribes have been
heretofore known to us principally by their attacks upon our own citizens and
upon other Indians entitled to the protection of the United States. It became
necessary for the peace of the frontiers to check these habitual inroads, and
I am happy to inform you that the object has been effected without the commission
of any act of hostility. Colonel Dodge and the troops under his command have
acted with equal firmness and humanity, and an arrangement has been made with
those Indians which it is hoped will assure their permanent pacific relations
with the United States and the other tribes of Indians upon that border. It
is to be regretted that the prevalence of sickness in that quarter has deprived
the country of a number of valuable lives, and particularly that General Leavenworth,
an officer well known, and esteemed for his gallant services in the late war
and for his subsequent good conduct, has fallen a victim to his zeal and exertions
in the discharge of his duty.
The Army is in a high state of discipline. Its moral condition, so far as that
is known here, is good, and the various branches of the public service are carefully
attended to. It is amply sufficient under its present organization for providing
the necessary garrisons for the seaboard and for the defense of the internal
frontier, and also for preserving the elements of military knowledge and for
keeping pace with those improvements which modern experience is continually
making. And these objects appear to me to embrace all the legitimate purposes
for which a permanent military force should be maintained in our country. The
lessons of history teach us its danger and the tendency which exists to an increase.
This can be best met and averted by a just caution on the part of the public
itself, and of those who represent them in Congress.
From the duties which devolve on teh Engineer Department and upon the topographical
engineers, a different organization seems to be demanded by the public interest,
and I recommend the subject to your consideration.
No important change has during this season taken place in the condition of
the Indians. Arrangements are in progress for the removal of the Creeks, and
will soon be for the removal of the Seminoles. I regret that the Cherokees east
of the Mississippi have not yet determined as a community to remove. How long
the personal causes which have heretofore retarded that ultimately inevitable
measure will continue to operate I am unable to conjecture. It is certain, however,
that delay will bring with it accumulated evils which will render their condition
more and more unpleasant. The experience of every year adds to the conviction
that emigration, and that alone, can preserve from destruction the remnant of
the tribes yet living amongst us. The facility with which the necessaries of
life are procured and the treaty stipulations providing aid for the emigrant
Indians in their agricultural pursuits and in the important concern of education,
and their removal from those causes which have heretofore depressed all and
destroyed many of the tribes, can not fail to stimulate their exertions and
to reward their industry.
The two laws passed at the last session of Congress on the subject of Indian
affairs have been carried into effect, and detailed instructions for their administration
have been given. It will be seen by the estimates for the present session that
a great reduction will take place in the expenditures of the Department in consequence
of these laws, and there is reason to believe that their operation will be salutary
and that the colonization of the Indians on the western frontier, together with
a judicious system of administration, will still further reduce the expenses
of this branch of the public service and at the same time promote its usefulness
and efficiency.
Circumstances have been recently developed showing the existence of extensive
frauds under the various laws granting pensions and gratuities for Revolutionary
services. It is impossible to estimate the amount which may have been thus fraudulently
obtained from the National Treasury. I am satisfied, however, it has been such
as to justify a re-examination of the system and the adoption of the necessary
checks in its administration. All will agree that the services and sufferings
of the remnant of our Revolutionary band should be fully compensated; but while
this is done, every proper precaution should be taken to prevent the admission
of fabricated and fraudulent claims.
In the present mode of proceeding the attestations and certificates of the
judicial officers of the various States from a considerable portion of the checks
which are interposed against the commission of frauds. These, however, have
been and may be fabricated, and in such a way as to elude detection at the examining
offices. And independently of this practical difficulty, it is ascertained that
these documents are often loosely granted; some times even blank certificates
have been issued; some times prepared papers have been signed without inquiry,
and in one instance, at least, the seal of the court has been within reach of
a person most interested in its improper application. It is obvious that under
such circumstances no severity of administration can check the abuse of the
law. And information has from time to time been communicated to the Pension
Office questioning or denying the right of persons placed upon the pension list
to the bounty of the country.
Such cautions are always attended to and examined, but a far more general investigation
is called for, and I therefore recommend, in conformity with the suggestion
of the Secretary of War, that an actual inspection should be made in each State
into the circumstances and claims of every person now drawing a pension. The
honest veteran has nothing to fear from such a scrutiny, while the fraudulent
claimant will be detected and the public Treasury relieved to an amount, I have
reason to believe, far greater than has heretofore been suspected. The details
of such a plan could be so regulated as to interpose the necessary checks without
any burdensome operation upon the pensioners. The object should be two-fold:
- To look into the original justice of the claims, so far as this can be
done under a proper system of regulations, by an examination of the claimants
themselves and by inquiring in the vicinity of their residence into their
history and into the opinion entertained of their Revolutionary services.
- To ascertain in all cases whether the original claimant is living and this
by actual personal inspection.
This measure will, if adopted, be productive, I think, of the desired results,
and I therefore recommend it to your consideration, with the further suggestion
that all payments should be suspended 'til the necessary reports are received.
It will be seen by a tabular statement annexed to the documents transmitted
to Congress that the appropriations for objects connected with the War Department,
made at the last session, for the service of the year 1834, excluding the permanent
appropriation for the payment of military gratuities under the act of 1832-06-07,
the appropriation of $200,000 for arming and equipping the militia, and the
appropriation of $10,000 for the civilization of the Indians, which are not
annually renewed, amounted to the sum of $9,003,261, and that the estimates
of appropriations necessary for the same branches of service for the year 1835
amount to the sum of $5,778,964, making a difference in the appropriations of
the current year over the estimates of the appropriations for the next of $3,224,297.
The principal causes which have operated at this time to produce this great
difference are shown in the reports and documents and in the detailed estimates.
Some of these causes are accidental and temporary, while others are permanent,
and, aided by a just course of administration, may continue to operate beneficially
upon the public expenditures.
A just economy, expending where the public service requires and withholding
where it does not, is among the indispensable duties of the Government.
I refer you to the accompanying report of the Secretary of the Navy and to
the documents with it for a full view of the operations of that important branch
of our service during the present year. It will be seen that the wisdom and
liberality with which Congress has provided for the gradual increase of our
navy material have been seconded by a corresponding zeal and fidelity on the
part of those to whom has been confided the execution of the laws on the subject,
and that but a short period would be now required to put in commission a force
large enough for any exigency into which the country may be thrown.
When we reflect upon our position in relation to other nations, it must be
apparent that in the event of conflicts with them we must look chiefly to our
Navy for the protection of our national rights. The wide seas which separate
us from other Governments must of necessity be the theater on which an enemy
will aim to assail us, and unless we are prepared to meet him on this element
we can not be said to possess the power requisite to repel or prevent aggressions.
We can not, therefore, watch with too much attention this arm of our defense,
or cherish with too much care the means by which it can possess the necessary
efficiency and extension. To this end our policy has been heretofore wisely
directed to the constant employment of a force sufficient to guard our commerce,
and to the rapid accumulation of the materials which are necessary to repair
our vessels and construct with ease such new ones as may be required in a state
of war.
In accordance with this policy, I recommend to your consideration the erection
of the additional dry dock described by the Secretary of the Navy, and also
the construction of the steam batteries to which he has referred, for the purpose
of testing their efficacy as auxiliaries to the system of defense now in use.
The report of the PostMaster General herewith submitted exhibits the condition
and prospects of that Department. From that document it appears that there was
a deficit in the funds of the Department at the commencement of the present
year beyond its available means of $315,599.98, which on the first of July last
(1834-07-01) had been reduced to $268,092.74. It appears also that the revenues
for the coming year will exceed the expenditures about $270,000, which, with
the excess of revenue which will result from the operations of the current half
year, may be expected, independently of any increase in the gross amount of
postages, to supply the entire deficit before the end of 1835. But as this calculation
is based on the gross amount of postages which had accrued within the period
embraced by the times of striking the balances, it is obvious that without a
progressive increase in the amount of postages the existing retrenchments must
be persevered in through the year 1836 that the Department may accumulate a
surplus fund sufficient to place it in a condition of perfect ease.
It will be observed that the revenues of the Post Office Department, though
they have increased, and their amount is above that of any former year, have
yet fallen short of the estimates more than $100,000. This is attributed in
a great degree to the increase of free letters growing out of the extension
and abuse of the franking privilege. There has been a gradual increase in the
number of executive offices to which it has been granted, and by an act passed
in 1833-03, it was extended to members of Congress throughout the whole year.
It is believed that a revision of the laws relative to the franking privilege,
with some enactments to enforce more rigidly the restrictions under which it
is granted, would operate beneficially to the country, by enabling the Department
at an earlier period to restore the mail facilities that have been withdrawn,
and to extend them more widely, as the growing settlements of the country may
require.
To a measure so important to the Government and so just to our constituents,
who ask no exclusive privileges for themselves and are not willing to concede
them to others, I earnestly recommend the serious attention of Congress.
The importance of the Post Office Department and the magnitude to which it
has grown, both in its revenues and in its operations, seem to demand its reorganization
by law. The whole of its receipts and disbursements have hitherto been left
entirely to Executive control and individual discretion. The principle is as
sound in relation to this as to any other Department of the Government, that
as little discretion should be confided to the executive officer who controls
it as is compatible with its efficiency. It is therefore earnestly recommended
that it be organized with an auditor and treasurer of its own, appointed by
the President and Senate, who shall be branches of the Treasury Department.
Your attention is again respectfully invited to the defect which exists in
the judicial system of the United States. Nothing can be more desirable than
the uniform operation of the Federal judiciary throughout the several States,
all of which, standing on the same footing as members of the Union, have equal
rights to the advantages and benefits resulting from its laws. This object is
not attained by the judicial acts now in force, because they leave one quarter
of the States without circuit courts.
It is undoubtedly the duty of Congress to place all the States on the same
footing in this respect, either by the creation of an additional number of associate
judges or by an enlargement of the circuits assigned to those already appointed
so as to include the new States. What ever may be the difficulty in a proper
organization of the judicial system so as to secure its efficiency and uniformity
in all parts of the Union and at the same time to avoid such an increase of
judges as would encumber the supreme appellate tribunal, it should not be allowed
to weigh against the great injustice which the present operation of the system
produces.
I trust that I may be also pardoned for renewing the recommendation I have
so often submitted to your attention in regard to the mode of electing the President
and Vice President of the United States. All the reflection I have been able
to bestow upon the subject increases my conviction that the best interests of
the country will be promoted by the adoption of some plan which will secure
in all contingencies that important right of sovereignty to the direct control
of the people. Could this be attained, and the terms of those officers be limited
to a single period of either four or six years, I think our liberties would
possess an additional safeguard.
At your last session I called the attention of Congress to the destruction
of the public building occupied by the Treasury Department. As the public interest
requires that another building should be erected with as little delay as possible,
it is hoped that the means will be seasonably provided and that they will be
ample enough to authorize such an enlargement and improvement in the plan of
the building as will more effectually accommodate the public officers and secure
the public documents deposited in it from the casualties of fire.
I have not been able to satisfy myself that the bill entitled "An act to
improve the navigation of the Wabash River", which was sent to me at the
close of your last session, ought to pass, and I have therefore withheld from
it my approval and now return it to the Senate, the body in which it originated.
There can be no question connected with the administration of public affairs
more important or more difficult to be satisfactorily dealth with than that
which relates to the rightful authority and proper action of the Federal Government
upon the subject of internal improvements. To inherent embarrassments have been
added others resulting from the course of our legislation concerning it.
I have heretofore communicated freely with Congress upon this subject, and
in adverting to it again I can not refrain from expressing my increased conviction
of its extreme importance as well in regard to its bearing upon the maintenance
of the Constitution and the prudent management of the public revenue as on account
of its disturbing effect upon the harmony of the Union.
We are in no danger from violations of the Constitution by which encroachments
are made upon the personal rights of the citizen. The sentence of condemnation
long since pronounced by the American people upon acts of that character will,
I doubt not, continue to prove as salutary in its effects as it is irreversible
in its nature.
But against the dangers of unconstitutional acts which, instead of menacing
the vengeance of offended authority, proffer local advantages and bring in their
train the patronage of the Government, we are, I fear, not so safe. To suppose
that because our Government has been instituted for the benefit of the people
it must therefore have the power to do what ever may seem to conduce to the
public good is an error into which even honest minds are too apt to fall. In
yielding themselves to this fallacy they overlook the great considerations in
which the Federal Constitution was founded. They forget that in consequence
of the conceded diversities in the interest and condition of the different States
it was foreseen at the period of its adoption that although a particular measure
of the Government might be beneficial and proper in 1 State it might be the
reverse in another; that it was for this reason the States would not consent
to make a grant to the Federal Government of the general and usual powers of
government, but of such only as were specifically enumerated, and the probable
effects of which they could, as they thought, safely anticipate; and they forget
also the paramount obligation upon all to abide by the compact then so solemnly
and, as it was hoped, so firmly established.
In addition to the dangers to the Constitution springing from the sources I
have stated, there has been one which was perhaps greater than all. I allude
to the materials which this subject has afforded for sinister appeals to selfish
feelings, and the opinion heretofore so extensively entertained of its adaptation
to the purposes of personal ambition. With such stimulus it is not surprising
that the acts and pretensions of the Federal Government in this behalf should
some times have been carried to an alarming extent. The questions which have
arisen upon this subject have related --
- To the power of making internal improvements within the limits of a State,
with the right of territorial jurisdiction, sufficient at least for their
preservation and use.
- To the right of appropriating money in aid of such works when carried on
by a State of by a company in virtue of State authority, surrendering the
claim of jurisdiction; and
- To the propriety of appropriation for improvements of a particular class,
viz, for light houses, beacons, buoys, public piers, and for the removal of
sand bars, sawyers, and other temporary and partial impediments in our navigable
rivers and harbors.
The claims of power for the General Government upon each of these points certainly
present matter of the deepest interest. The first is, however, of much the greatest
importance, in as much as, in addition to the dangers of unequal and improvident
expenditures of public moneys common to all, there is super-added to that the
conflicting jurisdictions of the respective governments. Federal jurisdiction,
at least to the extent I have stated, has been justly regarded by its advocates
as necessarily appurtenant to the power in question, if that exists by the Constitution.
That the most injurious conflicts would unavoidably arise between the respective
jurisdictions of the State and Federal Governments in the absence of a constitutional
provision marking out their respective boundaries can not be doubted. The local
advantages to be obtained would induce the States to overlook in the beginning
the dangers and difficulties to which they might ultimately be exposed. The
powers exercised by the Federal Government would soon be regarded with jealousy
by the State authorities, and originating as they must from implication or assumption,
it would be impossible to affix to them certain and safe limits.
Opportunities and temptations to the assumption of power incompatible with
State sovereignty would be increased and those barriers which resist the tendency
of our system toward consolidation greatly weakened. The officers and agents
of the General Government might not always have the discretion to abstain from
intermeddling with State concerns, and if they did they would not always escape
the suspicion of having done so. Collisions and consequent irritations would
spring up; that harmony which should ever exist between the General Government
and each member of the Confederacy would be frequently interrupted; a spirit
of contention would be engendered and the dangers of disunion greatly multiplied.
Yet we know that not withstanding these grave objections this dangerous doctrine
was at one time apparently proceeding to its final establishment with fearful
rapidity. The desier to embark the Federal Government in works of internal improvement
prevailed in the highest degree during the first session of the first Congress
that I had the honor to meet in my present situation. When the bill authorizing
a subscription on the part of the United States for stock in the Maysville and
Lexington TurnPike Company passed the two houses, there had been reported by
the Committees of Internal Improvements bills containing appropriations for
such objects, inclusive of those for the Cumberland road and for harbors and
light houses, to the amount of $106,000,000. In this amount was included authority
to the Secretary of the Treasury to subscribe for the stock of different companies
to a great extent, and the residue was principally for the direct construction
of roads by this Government. In addition to these projects, which had been presented
to the two Houses under the sanction and recommendation of their respective
Committees on Internal Improvements, there were then still pending before the
committees, and in memorials to Congress presented but not referred, different
projects for works of a similar character, the expense of which can not be estimated
with certainty, but must have exceeded $100,000,000.
Regarding the bill authorizing a subscription to the stock of the Maysville
and Lexington TurnPike Company as the entering wedge of a system which, however
weak at first, might soon become strong enough to rive the bands of the Union
asunder, and believing that if its passage was acquiesced in by the Executive
and the people there would no longer be any limitation upon the authority of
the General Government in respect to the appropriation of money for such objects,
I deemed it an imperative duty to withhold from it the Executive approval.
Although from the obviously local character of that work I might well have
contented myself with a refusal to approve the bill upon that ground, yet sensible
of the vital importance of the subject, and anxious that my views and opinions
in regard to the whole matter should be fully understood by Congress and by
my constituents, I felt it my duty to go further. I therefore embraced that
early occasion to apprise Congress that in my opinion the Constitution did not
confer upon it the power to authorize the construction of ordinary roads and
canals within the limits of a State and to say, respectfully, that no bill admitting
such a power could receive my official sanction. I did so in the confident expectation
that the speedy settlement of the public mind upon the whole subject would be
greatly facilitated by the difference between the 2 Houses and myself, and that
the harmonious action of the several departments of the Federal Government in
regard to it would be ultimately secured.
So far, at least, as it regards this branch of the subject, my best hopes have
been realized. Nearly four years have elapsed, and several sessions of Congress
have intervened, and no attempt within my recollection has been made to induce
Congress to exercise this power. The applications for the construction of roads
and canals which were formerly multiplied upon your files are no longer presented,
and we have good reason to infer that the current public sentiment has become
so decided against the pretension as effectually to discourage its reassertion.
So thinking, I derive the greatest satisfaction from the conviction that thus
much at least has been secured upon this important and embarrassing subject.
From attempts to appropriate the national funds to objects which are confessedly
of a local character we can not, I trust, have anything further to apprehend.
My views in regard to the expediency of making appropriations for works which
are claimed to be of a national character and prosecuted under State authority
-- assuming that Congress have the right to do so -- were stated in my annual
message to Congress in 1830, and also in that containing my objections to the
Maysville road bill.
So thoroughly convinced am I that no such appropriations ought to be made by
Congress until a suitable constitutional provision is made upon the subject,
and so essential do I regard the point to the highest interests of our country,
that I could not consider myself as discharging my duty to my constituents in
giving the Executive sanction to any bill containing such an appropriation.
If the people of the United States desire that the public Treasury shall be
resorted to for the means to prosecute such works, they will concur in an amendment
of the Constitution prescribing a rule by which the national character of the
works is to be tested, and by which the greatest practicable equality of benefits
may be secured to each member of the Confederacy. The effects of such a regulation
would be most salutary in preventing unprofitable expenditures, in securing
our legislation from the pernicious consequences of a scramble for the favors
of Government, and in repressing the spirit of discontent which must inevitably
arise from an unequal distribution of treasures which belong alike to all.
There is another class of appropriations for what may be called, without impropriety,
internal improvements, which have always been regarded as standing upon different
grounds from those to which I have referred. I allude to such as have for their
object the improvement of our harbors, the removal of partial and temporary
obstructions in our navigable rivers, for the facility and security of our foreign
commerce. The grounds upon which I distinguished appropriations of this character
from others have already been stated to Congress. I will now only add that at
the 1st session of Congress under the new Constitution it was provided by law
that all expenses which should accrue from and after the 15th day of August,
1789, in the necessary support and maintenance and repairs of all light houses,
beacons, buoys, and public piers erected, placed, or sunk before the passage
of the act within any bay, inlet, harbor, or port of the United States, for
rendering the navigation thereof easy and safe, should be defrayed out of the
Treasury of the United States, and, further, that it should be the duty of the
Secretary of the Treasury to provide by contracts, with the approbation of the
President, for rebuilding when necessary and keeping in good repair the light
houses, beacons, buoys, and public piers in the several States, and for furnishing
them with supplies.
Appropriations for similar objects have been continued from that time to the
present without interruption or dispute. As a natural consequence of the increase
and extension of our foreign commerce, ports of entry and delivery have been
multiplied and established, not only upon our sea-board but in the interior
of the country upon our lakes and navigable rivers. The convenience and safety
of this commerce have led to the gradual extension of these expenditures; to
the erection of light houses, the placing, planting, and sinking of buoys, beacons,
and piers, and to the removal of partial and temporary obstructions in our navigable
rivers and in the harbors upon our Great Lakes as well as on the sea-board.
Although I have expressed to Congress my apprehension that these expenditures
have some times been extravagant and disproportionate to the advantages to be
derived from them, I have not gelt it to be my duty to refuse my assent to bills
containing them, and have contented myself to follow in this respect in the
foot-steps of all my predecessors. Sensible, however, from experience and observation
of the great abuses to which the unrestricted exercise of this authority by
Congress was exposed, I have prescribed a limitation for the government of my
own conduct by which expenditures of this character are confined to places below
the ports of entry or delivery established by law. I am very sentible that this
restriction is not as satisfactory as could be desired, and that much embarrassment
may be caused to the executive department in its execution by appropriations
for remote and not well-understood objects. But as neither my own reflections
nor the lights which I may properly derive from other sources have supplied
me with a better, I shall continue to apply my best exertions to a faithful
application of the rule upon which it is founded.
I sincerely regret that I could not give my assent to the bill entitled: "An
act to improve the navigation of the Wabash River"; but I could not have
done so without receding from the ground which I have, upon the fullest consideration,
taken upon this subject, and of which Congress has been heretofore apprised,
and without throwing the subject again open to abuses which no good citizen
entertaining my opinions could desire.
I rely upon the intelligence and candor of my fellow citizens, in whose liberal
indulgence I have already so largely participated, for a correct appreciation
on my motives in interposing as I have done on this and other occasions checks
to a course of legislation which, without in the slightest degree calling in
question the motives of others, I consider as sanctioning improper and unconstitutional
expenditures of public treasure.
I am not hostile to internal improvements, and wish to see them extended to
every part of the country. But I am fully persuaded, if they are not commenced
in a proper manner, confined to proper objects, and conducted under an authority
generally conceded to be rightful, that a successful prosecution of them can
not be reasonably expected. The attempt will meet with resistance where it might
otherwise receive support, and instead of strengthening the bonds of our Confederacy
it will only multiply and aggravate the causes of disunion.

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