and some of the causes of national complaint, and those of the most offensive character, admitted of immediate, simple, and satisfactory replies, it is only within a few days past that any specific communication in answer to our last demand, made five months ago, has been received from the Mexican minister. By the report of the Secretary of State herewith presented and the accompanying documents it will be seen that for not one of our public complaints has satisfaction been given or offered, that but one of the cases of personal wrong has been favorably considered, and that but four cases of both descriptions out of all those formally presented and earnestly pressed have as yet been decided upon by the Mexican Government.
Not perceiving in what manner any of the powers given to the Executive alone could be further usefully employed in bringing this unfortunate controversy to a satisfactory termination, the subject was by my predecessor referred to Congress as one calling for its interposition. In accordance with the clearly understood wishes of the Legislature, another and formal demand for satisfaction has been made upon the Mexican Government, with what success the documents now communicated will show. On a careful and deliberate examination of their contents, and considering the spirit manifested by the Mexican Government, it has become my painful duty to return the subject as it now stands to Congress, to whom it belongs to decide upon the time, the mode, and the measure of redress. Whatever may be your decision, it shall be faithfully executed, confident that it will be characterized by that moderation and justice which will, I trust, under all circumstances govern the councils of our country.
The balance in the Treasury on the 1st January, 1837, was $45,968,523. The receipts during the present year from all sources, including the amount of Treasury notes issued, are estimated at $23,499,981, constituting an aggregate of $69,468,504. Of this amount about $35,281,361 will have been expended at the end of the year on appropriations made by Congress, and the residue, amounting to $34,187,143, will be the nominal balance in the Treasury on the 1st of January next; but of that sum only $1,085,498 is considered as immediately available for and applicable to public purposes. Those portions of it which will be for some time unavailable consist chiefly of sums deposited with the States and due from the former deposit banks. The details upon this subject will be found in the annual report of the Secretary of the Treasury. The amount of Treasury notes which it will be necessary to issue during the year on account of those funds being unavailable will, it is supposed, not exceed four and a half millions. It seemed proper, in the condition of the country, to have the estimates on all subjects made as low as practicable without prejudice to any great public measures. The Departments were therefore desired to prepare their estimates accordingly, and I am happy to find that they have been able to graduate them on so economical a scale. In the great and often unexpected fluctuations to which the revenue is subjected it is not possible to compute the receipts beforehand with great certainty, but should they not differ essentially from present anticipations, and should the appropriations not much exceed the estimates, no difficulty seems likely to happen in defraying the current expenses with promptitude and fidelity.
Notwithstanding the great embarrassments which have recently occurred in commercial affairs, and the liberal indulgence which in consequence of these embarrassments has been extended to both the merchants and the banks, it is gratifying to be able to anticipate that the Treasury notes which have been issued during the present year will be redeemed and that the resources of the Treasury, without any resort to loans or increased taxes, will prove ample for defraying all charges imposed on it during 1838.
The report of the Secretary of the Treasury will afford you a more minute exposition of all matters connected with the administration of the finances during the current year–a period which for the amount of public moneys disbursed and deposited with the States, as well as the financial difficulties encountered and overcome, has few parallels in our history.
Your attention was at the last session invited to the necessity of additional legislative provisions in respect to the collection, safe-keeping, and transfer of the public money. No law having been then matured, and not understanding the proceedings of Congress as intended to be final, it becomes my duty again to bring the subject to your notice.
On that occasion three modes of performing this branch of the public service were presented for consideration. These were, the creation of a national bank; the revival, with modifications, of the deposit system established by the act of the 23d of June, 1836, permitting the use of the public moneys by the banks; and the discontinuance of the use of such institutions for the purposes referred to, with suitable provisions for their accomplishment through the agency of public officers. Considering the opinions of both Houses of Congress on the first two propositions as expressed in the negative, in which I entirely concur, it is unnecessary for me again to recur to them. In respect to the last, you have had an opportunity since your adjournment not only to test still further the expediency of the measure by the continued practical operation of such parts of it as are now in force, but also to discover what should ever be sought for and regarded with the utmost deference–the opinions and wishes of the people.
The national will is the supreme law of the Republic, and on all subjects within the limits of his constitutional powers should be faithfully obeyed by the public servant. Since the measure in question was submitted to your consideration most of you have enjoyed the advantage of personal communication with your constituents. For one State only has an election been held for the Federal Government; but the early day at which it took place deprived the measure under consideration of much of the support it might otherwise have derived from the result. Local elections for State officers have, however, been held in several of the States, at which the expediency of the plan proposed by the Executive has been more or less discussed. You will, I am confident, yield to their results the respect due to every expression of the public voice. Desiring, however, to arrive at truth and a just view of the subject in all its bearings, you will at the same time remember that questions of far deeper and more immediate local interest than the fiscal plans of the National Treasury were involved in those elections. Above all, we can not overlook the striking fact that there were at the time in those States more than one hundred and sixty millions of bank capital, of which large portions were subject to actual forfeiture, other large portions upheld only by special and limited legislative indulgences, and most of it, if not all, to a greater or less extent dependent for a continuance of its corporate existence upon the will of the State legislatures to be then chosen. Apprised of this circumstance, you will judge whether it is not most probable that the peculiar condition of that vast interest in these respects, the extent to which it has been spread through all the ramifications of society, its direct connection with the then pending elections, and the feelings it was calculated to infuse into the canvass have exercised a far greater influence over the result than any which could possibly have been produced by a conflict of opinion in respect to a question in the administration of the General Government more remote and far less important in its bearings upon that interest.
I have found no reason to change my own opinion as to the expediency of adopting the system proposed, being perfectly satisfied that there will be neither stability nor safety either in the fiscal affairs of the Government or in the pecuniary transactions of individuals and corporations so long as a connection exists between them which, like the past, offers such strong inducements to make them the subjects of political agitation. Indeed, I am more than ever convinced of the dangers to which the free and unbiased exercise of political opinion–the only sure foundation and safeguard of republican government–would be exposed by any further increase of the already overgrown influence of corporate authorities. I can not, therefore, consistently with my views of duty, advise a renewal of a connection which circumstances have dissolved.
The discontinuance of the use of State banks for fiscal purposes ought not to be regarded as a measure of hostility toward those institutions. Banks properly established and conducted are highly useful to the business of the country, and will doubtless continue to exist in the States so long as they conform to their laws and are found to be safe and beneficial. How they should be created, what privileges they should enjoy, under what responsibilities they should act, and to what restrictions they should be subject are questions which, as I observed on a previous occasion, belong to the States to decide. Upon their rights or the exercise of them the General Government can have no motive to encroach. Its duty toward them is well performed when it refrains from legislating for their special benefit, because such legislation would violate the spirit of the Constitution and be unjust to other interests; when it takes no steps to impair their usefulness, but so manages its own affairs as to make it the interest of those institutions to strengthen and improve their condition for the security and welfare of the community at large. They have no right to insist on a connection with the Federal Government, nor on the use of the public money for their own benefit. The object of the measure under consideration is to avoid for the future a compulsory connection of this kind. It proposes to place the General Government, in regard to the essential points of the collection, safe-keeping, and transfer of the public money, in a situation which shall relieve it from all dependence on the will of irresponsible individuals or corporations; to withdraw those moneys from the uses of private trade and confide them to agents constitutionally selected and controlled by law; to abstain from improper interference with the industry of the people and withhold inducements to improvident dealings on the part of individuals; to give stability to the concerns of the Treasury; to preserve the measures of the Government from the unavoidable reproaches that flow from such a connection, and the banks themselves from the injurious effects of a supposed participation in the political conflicts of the day, from which they will otherwise find it difficult to escape.
These are my views upon this important subject, formed after careful reflection and with no desire but to arrive at what is most likely to promote the public interest. They are now, as they were before, submitted with unfeigned deference for the opinions of others. It was hardly to be hoped that changes so important on a subject so interesting could be made without producing a serious diversity of opinion; but so long as those conflicting views are kept above the influence of individual or local interests, so long as they pursue only the general good and are discussed with moderation and candor, such diversity is a benefit, not an injury. If a majority of Congress see the public welfare in a different light, and more especially if they should be satisfied that the measure proposed would not be acceptable to the people, I shall look to their wisdom to substitute such as may be more conducive to the one and more satisfactory to the other. In any event, they may confidently rely on my hearty cooperation to the fullest extent to which my views of the Constitution and my sense of duty will permit.
It is obviously important to this branch of the public service and to the business and quiet of the country that the whole subject should in some way be settled and regulated by law, and, if possible, at your present session. Besides the plans above referred to, I am not aware that any one has been suggested except that of keeping the public money in the State banks in special deposit. This plan is to some extent in accordance with the practice of the Government and with the present arrangements of the Treasury Department, which, except, perhaps, during the operation of the late deposit act, has always been allowed, even during the existence of a national bank, to make a temporary use of the State banks in particular places for the safe-keeping of portions of the revenue. This discretionary power might be continued if Congress deem it desirable, whatever general system be adopted. So long as the connection is voluntary we need, perhaps, anticipate few of those difficulties and little of that dependence on the banks which must attend every such connection when compulsory in its nature and when so arranged as to make the banks a fixed part of the machinery of government. It is undoubtedly in the power of Congress so to regulate and guard it as to prevent the public money from being applied to the use or intermingled with the affairs of individuals. Thus arranged, although it would not give to the Government that entire control over its own funds which I desire to secure to it by the plan I have proposed, it would, it must be admitted, in a great degree accomplish one of the objects which has recommended that plan to my judgment–the separation of the fiscal concerns of the Government from those of individuals or corporations.
With these observations I recommend the whole matter to your dispassionate reflection, confidently hoping that some conclusion may be reached by your deliberations which on the one hand shall give safety and stability to the fiscal operations of the Government, and be consistent, on the other, with the genius of our institutions and with the interests and wishes of the great mass of our constituents.
It was my hope that nothing would occur to make necessary on this occasion any allusion to the late national bank. There are circumstances, however, connected with the present state of its affairs that bear so directly on the character of the Government and the welfare of the citizen that I should not feel myself excused in neglecting to notice them. The charter which terminated its banking privileges on the 4th of March, 1836, continued its corporate power two years more for the sole purpose of closing its affairs, with authority “to use the corporate name, style, and capacity for the purpose of suits for a final settlement and liquidation of the affairs and acts of the corporation, and for the sale and disposition of their estate–real, personal, and mixed–but for no other purpose or in any other manner whatsoever.” Just before the banking privileges ceased, its effects were transferred by the bank to a new State institution, then recently incorporated, in trust, for the discharge of its debts and the settlement of its affairs. With this trustee, by authority of Congress, an adjustment was subsequently made of the large interest which the Government had in the stock of the institution. The manner in which a trust unexpectedly created upon the act granting the charter, and involving such great public interests, has been executed would under any circumstances be a fit subject of inquiry; but much more does it deserve your attention when it embraces the redemption of obligations to which the authority and credit of the United States have given value. The two years allowed are now nearly at an end. It is well understood that the trustee has not redeemed and canceled the outstanding notes of the bank, but has reissued and is actually reissuing, since the 3d of March, 1836, the notes which have been received by it to a vast amount. According to its own official statement, so late as the 1st of October last, nineteen months after the banking privileges given by the charter had expired, it had under its control uncanceled notes of the late Bank of the United States to the amount of $27,561,866, of which $6,175,861 were in actual circulation, $1,468,627 at State bank agencies, and $3,002,390 _in transitu_, thus showing that upward of ten millions and a half of the notes of the old bank were then still kept outstanding.
The impropriety of this procedure is obvious, it being the duty of the trustee to cancel and not to put forth the notes of an institution whose concerns it had undertaken to wind up. If the trustee has a right to reissue these notes now, I can see no reason why it may not continue to do so after the expiration of the two years. As no one could have anticipated a course so extraordinary, the prohibitory clause of the charter above quoted was not accompanied by any penalty or other special provision for enforcing it, nor have we any general law for the prevention of similar acts in future.
But it is not in this view of the subject alone that your interposition is required. The United States in settling with the trustee for their stock have withdrawn their funds from their former direct liability to the creditors of the old bank, yet notes of the institution continue to be sent forth in its name, and apparently upon the authority of the United States. The transactions connected with the employment of the bills of the old bank are of vast extent, and should they result unfortunately the interests of individuals may be deeply compromised. Without undertaking to decide how far or in what form, if any, the trustee could be made liable for notes which contain no obligation on its part, or the old bank for such as are put in circulation after the expiration of its charter and without its authority, or the Government for indemnity in case of loss, the question still presses itself upon your consideration whether it is consistent with duty and good faith on the part of the Government to witness this proceeding without a single effort to arrest it.
The report of the Commissioner of the General Land Office, which will be laid before you by the Secretary of the Treasury, will show how the affairs of that office have been conducted for the past year. The disposition of the public lands is one of the most important trusts confided to Congress. The practicability of retaining the title and control of such extensive domains in the General Government, and at the same time admitting the Territories embracing them into the Federal Union as coequals with the original States, was seriously doubted by many of our wisest statesmen. All feared that they would become a source of discord, and many carried their apprehensions so far as to see in them the seeds of a future dissolution of the Confederacy. But happily our experience has already been sufficient to quiet in a great degree all such apprehensions. The position at one time assumed, that the admission of new States into the Union on the same footing with the original States was incompatible with a right of soil in the United States and operated as a surrender thereof, notwithstanding the terms of the compacts by which their admission was designed to be regulated, has been wisely abandoned. Whether in the new or the old States, all now agree that the right of soil to the public lands remains in the Federal Government, and that these lands constitute a common property, to be disposed of for the common benefit of all the States, old and new. Acquiescence in this just principle by the people of the new States has naturally promoted a disposition to adopt the most liberal policy in the sale of the public lands. A policy which should be limited to the mere object of selling the lands for the greatest possible sum of money, without regard to higher considerations, finds but few advocates. On the contrary, it is generally conceded that whilst the mode of disposition adopted by the Government should always be a prudent one, yet its leading object ought to be the early settlement and cultivation of the lands sold, and that it should discountenance, if it can not prevent, the accumulation of large tracts in the same hands, which must necessarily retard the growth of the new States or entail upon them a dependent tenantry and its attendant evils.
A question embracing such important interests and so well calculated to enlist the feelings of the people in every quarter of the Union has very naturally given rise to numerous plans for the improvement of the existing system. The distinctive features of the policy that has hitherto prevailed are to dispose of the public lands at moderate prices, thus enabling a greater number to enter into competition for their purchase and accomplishing a double object–of promoting their rapid settlement by the purchasers and at the same time increasing the receipts of the Treasury; to sell for cash, thereby preventing the disturbing influence of a large mass of private citizens indebted to the Government which they have a voice in controlling; to bring them into market no faster than good lands are supposed to be wanted for improvement, thereby preventing the accumulation of large tracts in few hands; and to apply the proceeds of the sales to the general purposes of the Government, thus diminishing the amount to be raised from the people of the States by taxation and giving each State its portion of the benefits to be derived from this common fund in a manner the most quiet, and at the same time, perhaps, the most equitable, that can be devised. These provisions, with occasional enactments in behalf of special interests deemed entitled to the favor of the Government, have in their execution produced results as beneficial upon the whole as could reasonably be expected in a matter so vast, so complicated, and so exciting. Upward of 70,000,000 acres have been sold, the greater part of which is believed to have been purchased for actual settlement. The population of the new States and Territories created out of the public domain increased between 1800 and 1830 from less than 60,000 to upward of 2,300,000 souls, constituting at the latter period about one-fifth of the whole people of the United States. The increase since can not be accurately known, but the whole may now be safely estimated at over three and a half millions of souls, composing nine States, the representatives of which constitute above one-third of the Senate and over one-sixth of the House of Representatives of the United States.
Thus has been formed a body of free and independent landholders with a rapidity unequaled in the history of mankind; and this great result has been produced without leaving anything for future adjustment between the Government and its citizens. The system under which so much has been accomplished can not be intrinsically bad, and with occasional modifications to correct abuses and adapt it to changes of circumstances may, I think, be safely trusted for the future. There is in the management of such extensive interests much virtue in stability; and although great and obvious improvements should not be declined, changes should never be made without the fullest examination and the clearest demonstration of their practical utility. In the history of the past we have an assurance that this safe rule of action will not be departed from in relation to the public lands; nor is it believed that any necessity exists for interfering with the fundamental principles of the system, or that the public mind, even in the new States, is desirous of any radical alterations. On the contrary, the general disposition appears to be to make such modifications and additions only as will the more effectually carry out the original policy of filling our new States and Territories with an industrious and independent population.
The modification most perseveringly pressed upon Congress, which has occupied so much of its time for years past, and will probably do so for a long time to come, if not sooner satisfactorily adjusted, is a reduction in the cost of such portions of the public lands as are ascertained to be unsalable at the rate now established by law, and a graduation according to their relative value of the prices at which they may hereafter be sold. It is worthy of consideration whether justice may not be done to every interest in this matter, and a vexed question set at rest, perhaps forever, by a reasonable compromise of conflicting opinions. Hitherto, after being offered at public sale, lands have been disposed of at one uniform price, whatever difference there might be in their intrinsic value. The leading considerations urged in favor of the measure referred to are that in almost all the land districts, and particularly in those in which the lands have been long surveyed and exposed to sale, there are still remaining numerous and large tracts of every gradation of value, from the Government price downward; that these lands will not be purchased at the Government price so long as better can be conveniently obtained for the same amount; that there are large tracts which even the improvements of the adjacent lands will never raise to that price, and that the present uniform price, combined with their irregular value, operates to prevent a desirable compactness of settlements in the new States and to retard the full development of that wise policy on which our land system is founded, to the injury not only of the several States where the lands lie, but of the United States as a whole.
The remedy proposed has been a reduction of the prices according to the length of time the lands have been in market, without reference to any other circumstances. The certainty that the efflux of time would not always in such cases, and perhaps not even generally, furnish a true criterion of value, and the probability that persons residing in the vicinity, as the period for the reduction of prices approached, would postpone purchases they would otherwise make, for the purpose of availing themselves of the lower price, with other considerations of a similar character, have hitherto been successfully urged to defeat the graduation upon time.
May not all reasonable desires upon this subject be satisfied without encountering any of these objections? All will concede the abstract principle that the price of the public lands should be proportioned to their relative value, so far as can be accomplished without departing from the rule heretofore observed requiring fixed prices in cases of private entries. The difficulty of the subject seems to lie in the mode of ascertaining what that value is. Would not the safest plan be that which has been adopted by many of the States as the basis of taxation–an actual valuation of lands and classification of them into different rates? Would it not be practicable and expedient to cause the relative value of the public lands in the old districts which have been for a certain length of time in market to be appraised and classed into two or more rates below the present minimum price by the officers now employed in this branch of the public service or in any other mode deemed preferable, and to make those prices permanent if upon the coming in of the report they shall prove satisfactory to Congress? Could not all the objects of graduation be accomplished in this way, and the objections which have hitherto been urged against it avoided? It would seem to me that such a step, with a restriction of the sales to limited quantities and for actual improvement, would be free from all just exception.
By the full exposition of the value of the lands thus furnished and extensively promulgated persons living at a distance would be informed of their true condition and enabled to enter into competition with those residing in the vicinity; the means of acquiring an independent home would be brought within the reach of many who are unable to purchase at present prices; the population of the new States would be made more compact, and large tracts would be sold which would otherwise remain on hand. Not only would the land be brought within the means of a larger number of purchasers, but many persons possessed of greater means would be content to settle on a larger quantity of the poorer lands rather than emigrate farther west in pursuit of a smaller quantity of better lands. Such a measure would also seem to be more consistent with the policy of the existing laws–that of converting the public domain into cultivated farms owned by their occupants. That policy is not best promoted by sending emigration up the almost interminable streams of the West to occupy in groups the best spots of land, leaving immense wastes behind them and enlarging the frontier beyond the means of the Government to afford it adequate protection, but in encouraging it to occupy with reasonable denseness the territory over which it advances, and find its best defense in the compact front which it presents to the Indian tribes. Many of you will bring to the consideration of the subject the advantages of local knowledge and greater experience, and all will be desirous of making an early and final disposition of every disturbing question in regard to this important interest. If these suggestions shall in any degree contribute to the accomplishment of so important a result, it will afford me sincere satisfaction.
In some sections of the country most of the public lands have been sold, and the registers and receivers have very little to do. It is a subject worthy of inquiry whether in many cases two or more districts may not be consolidated and the number of persons employed in this business considerably reduced. Indeed, the time will come when it will be the true policy of the General Government, as to some of the States, to transfer to them for a reasonable equivalent all the refuse and unsold lands and to withdraw the machinery of the Federal land offices altogether. All who take a comprehensive view of our federal system and believe that one of its greatest excellences consists in interfering as little as possible with the internal concerns of the States look forward with great interest to this result.
A modification of the existing laws in respect to the prices of the public lands might also have a favorable influence on the legislation of Congress in relation to another branch of the subject. Many who have not the ability to buy at present prices settle on those lands with the hope of acquiring from their cultivation the means of purchasing under preemption laws from time to time passed by Congress. For this encroachment on the rights of the United States they excuse themselves under the plea of their own necessities; the fact that they dispossess nobody and only enter upon the waste domain: that they give additional value to the public lands in their vicinity, and their intention ultimately to pay the Government price. So much weight has from time to time been attached to these considerations that Congress have passed laws giving actual settlers on the public lands a right of preemption to the tracts occupied by them at the minimum price. These laws have in all instances been retrospective in their operation, but in a few years after their passage crowds of new settlers have been found on the public lands for similar reasons and under like expectations, who have been indulged with the same privilege. This course of legislation tends to impair public respect for the laws of the country. Either the laws to prevent intrusion upon the public lands should be executed, or, if that should be impracticable or inexpedient, they should be modified or repealed. If the public lands are to be considered as open to be occupied by any, they should by law be thrown open to all. That which is intended in all instances to be legalized should at once be made legal, that those who are disposed to conform to the laws may enjoy at least equal privileges with those who are not. But it is not believed to be the disposition of Congress to open the public lands to occupancy without regular entry and payment of the Government price, as such a course must tend to worse evils than the credit system, which it was found necessary to abolish.
It would seem, therefore, to be the part of wisdom and sound policy to remove as far as practicable the causes which produce intrusions upon the public lands, and then take efficient steps to prevent them in future. Would any single measure be so effective in removing all plausible grounds for these intrusions as the graduation of price already suggested? A short period of industry and economy in any part of our country would enable the poorest citizen to accumulate the means to buy him a home at the lower prices, and leave him without apology for settling on lands not his own. If he did not under such circumstances, he would enlist no sympathy in his favor, and the laws would be readily executed without doing violence to public opinion.
A large portion of our citizens have seated themselves on the public lands without authority since the passage of the last preemption law, and now ask the enactment of another to enable them to retain the lands occupied upon payment of the minimum Government price. They ask that which has been repeatedly granted before. If the future may be judged of by the past, little harm can be done to the interests of the Treasury by yielding to their request. Upon a critical examination it is found that the lands sold at the public sales since the introduction of cash payments, in 1820, have produced on an average the net revenue of only 6 cents an acre more than the minimum Government price. There is no reason to suppose that future sales will be more productive. The Government, therefore, has no adequate pecuniary interest to induce it to drive these people from the lands they occupy for the purpose of selling them to others.
Entertaining these views, I recommend the passage of a preemption law for their benefit in connection with the preparatory steps toward the graduation of the price of the public lands, and further and more effectual provisions to prevent intrusions hereafter. Indulgence to those who have settled on these lands with expectations that past legislation would be made a rule for the future, and at the same time removing the most plausible ground on which intrusions are excused and adopting more efficient means to prevent them hereafter, appears to me the most judicious disposition which can be made of this difficult subject. The limitations and restrictions to guard against abuses in the execution of a preemption law will necessarily attract the careful attention of Congress, but under no circumstances is it considered expedient to authorize floating claims in any shape. They have been heretofore, and doubtless would be hereafter, most prolific sources of fraud and oppression, and instead of operating to confer the favor of the Government on industrious settlers are often used only to minister to a spirit of cupidity at the expense of the most meritorious of that class.
The accompanying report of the Secretary of War will bring to your view the state of the Army and all the various subjects confided to the superintendence of that officer.
The principal part of the Army has been concentrated in Florida, with a view and in the expectation of bringing the war in that Territory to a speedy close. The necessity of stripping the posts on the maritime and inland frontiers of their entire garrisons for the purpose of assembling in the field an army of less than 4,000 men would seem to indicate the necessity of increasing our regular forces; and the superior efficiency, as well as greatly diminished expense of that description of troops, recommend this measure as one of economy as well as of expediency. I refer to the report for the reasons which have induced the Secretary of War to urge the reorganization and enlargement of the staff of the Army, and of the Ordnance Corps, in which I fully concur.
It is not, however, compatible with the interests of the people to maintain in time of peace a regular force adequate to the defense of our extensive frontiers. In periods of danger and alarm we must rely principally upon a well-organized militia, and some general arrangement that will render this description of force more efficient has long been a subject of anxious solicitude. It was recommended to the First Congress by General Washington, and has been since frequently brought to your notice, and recently its importance strongly urged by my immediate predecessor. The provision in the Constitution that renders it necessary to adopt a uniform system of organization for the militia throughout the United States presents an insurmountable obstacle to an efficient arrangement by the classification heretofore proposed, and I invite your attention to the plan which will be submitted by the Secretary of War, for the organization of volunteer corps and the instruction of militia officers, as more simple and practicable, if not equally advantageous, as a general arrangement of the whole militia of the United States.
A moderate increase of the corps both of military and topographical engineers has been more than once recommended by my predecessor, and my conviction of the propriety, not to say necessity, of the measure, in order to enable them to perform the various and important duties imposed upon them, induces me to repeat the recommendation.
The Military Academy continues to answer all the purposes of its establishment, and not only furnishes well-educated officers to the Army, but serves to diffuse throughout the mass of our citizens individuals possessed of military knowledge and the scientific attainments of civil and military engineering. At present the cadet is bound, with consent of his parents or guardians, to remain in service five years from the period of his enlistment, unless sooner discharged, thus exacting only one year’s service in the Army after his education is completed. This does not appear to me sufficient. Government ought to command for a longer period the services of those who are educated at the public expense, and I recommend that the time of enlistment be extended to seven years, and the terms of the engagement strictly enforced.
The creation of a national foundry for cannon, to be common to the service of the Army and Navy of the United States, has been heretofore recommended, and appears to be required in order to place our ordnance on an equal footing with that of other countries and to enable that branch of the service to control the prices of those articles and graduate the supplies to the wants of the Government, as well as to regulate their quality and insure their uniformity. The same reasons induce me to recommend the erection of a manufactory of gunpowder, to be under the direction of the Ordnance Office. The establishment of a manufactory of small arms west of the Alleghany Mountains, upon the plan proposed by the Secretary of War, will contribute to extend throughout that country the improvements which exist in establishments of a similar description in the Atlantic States, and tend to a much more economical distribution of the armament required in the western portion of our Union.
The system of removing the Indians west of the Mississippi, commenced by Mr. Jefferson in 1804, has been steadily persevered in by every succeeding President, and may be considered the settled policy of the country. Unconnected at first with any well-defined system for their improvement, the inducements held out to the Indians were confined to the greater abundance of game to be found in the West; but when the beneficial effects of their removal were made apparent a more philanthropic and enlightened policy was adopted in purchasing their lands east of the Mississippi. Liberal prices were given and provisions inserted in all the treaties with them for the application of the funds they received in exchange to such purposes as were best calculated to promote their present welfare and advance their future civilization. These measures have been attended thus far with the happiest results.
It will be seen by referring to the report of the Commissioner of Indian Affairs that the most sanguine expectations of the friends and promoters of this system have been realized. The Choctaws, Cherokees, and other tribes that first emigrated beyond the Mississippi have for the most part abandoned the hunter state and become cultivators of the soil. The improvement in their condition has been rapid, and it is believed that they are now fitted to enjoy the advantages of a simple form of government, which has been submitted to them and received their sanction; and I can not too strongly urge this subject upon the attention of Congress.
Stipulations have been made with all the Indian tribes to remove them beyond the Mississippi, except with the bands of the Wyandots, the Six Nations in New York, the Menomonees, Munsees, and Stockbridges in Wisconsin, and Miamies in Indiana. With all but the Menomonees it is expected that arrangements for their emigration will be completed the present year. The resistance which has been opposed to their removal by some of the tribes even after treaties had been made with them to that effect has arisen from various causes, operating differently on each of them. In most instances they have been instigated to resistance by persons to whom the trade with them and the acquisition of their annuities were important, and in some by the personal influence of interested chiefs. These obstacles must be overcome, for the Government can not relinquish the execution of this policy without sacrificing important interests and abandoning the tribes remaining east of the Mississippi to certain destruction.
The decrease in numbers of the tribes within the limits of the States and Territories has been most rapid. If they be removed, they can be protected from those associations and evil practices which exert so pernicious and destructive an influence over their destinies. They can be induced to labor and to acquire property, and its acquisition will inspire them with a feeling of independence. Their minds can be cultivated, and they can be taught the value of salutary and uniform laws and be made sensible of the blessings of free government and capable of enjoying its advantages. In the possession of property, knowledge, and a good government, free to give what direction they please to their labor, and sharers in the legislation by which their persons and the profits of their industry are to be protected and secured, they will have an ever-present conviction of the importance of union and peace among themselves and of the preservation of amicable relations with us. The interests of the United States would also be greatly promoted by freeing the relations between the General and State Governments from what has proved a most embarrassing incumbrance by a satisfactory adjustment of conflicting titles to lands caused by the occupation of the Indians, and by causing the resources of the whole country to be developed by the power of the State and General Governments and improved by the enterprise of a white population.
Intimately connected with this subject is the obligation of the Government to fulfill its treaty stipulations and to protect the Indians thus assembled “at their new residences from all interruptions and disturbances from any other tribes or nations of Indians or from any other person or persons whatsoever,” and the equally solemn obligation to guard from Indian hostility its own border settlements, stretching along a line of more than 1,000 miles. To enable the Government to redeem this pledge to the Indians and to afford adequate protection to its own citizens will require the continual presence of a considerable regular force on the frontiers and the establishment of a chain of permanent posts. Examinations of the country are now making, with a view to decide on the most suitable points for the erection of fortresses and other works of defense, the results of which will be presented to you by the Secretary of War at an early day, together with a plan for the effectual protection of the friendly Indians and the permanent defense of the frontier States.
By the report of the Secretary of the Navy herewith communicated it appears that unremitted exertions have been made at the different navy-yards to carry into effect all authorized measures for the extension and employment of our naval force. The launching and preparation of the ship of the line _Pennsylvania_ and the complete repairs of the ships of the line _Ohio, Delaware_, and _Columbus_ may be noticed as forming a respectable addition to this important arm of our national defense. Our commerce and navigation have received increased aid, and protection during the present year. Our squadrons in the Pacific and on the Brazilian station have been much increased, and that in the Mediterranean, although small, is adequate to the present wants of our commerce in that sea. Additions have been made to our squadron on the West India station, where the large force under Commodore Dallas has been most actively and efficiently employed in protecting our commerce, in preventing the importation of slaves, and in cooperating with the officers of the Army in carrying on the war in Florida.
The satisfactory condition of our naval force abroad leaves at our disposal the means of conveniently providing for a home squadron for the protection of commerce upon our extensive coast. The amount of appropriations required for such a squadron will be found in the general estimates for the naval service for the year 1838.
The naval officers engaged upon our coast survey have rendered important service to our navigation. The discovery of a new channel into the harbor of New York, through which our largest ships may pass without danger, must afford important commercial advantages to that harbor and add greatly to its value as a naval station. The accurate survey of Georges Shoals, off the coast of Massachusetts, lately completed, will render comparatively safe a navigation hitherto considered dangerous.
Considerable additions have been made to the number of captains, commanders, lieutenants, surgeons, and assistant surgeons in the Navy. These additions were rendered necessary by the increased number of vessels put in commission to answer the exigencies of our growing commerce.
Your attention is respectfully invited to the various suggestions of the Secretary for the improvement of the naval service.
The report of the Postmaster-General exhibits the progress and condition of the mail service. The operations of the Post-Office Department constitute one of the most active elements of our national prosperity, and it is gratifying to observe with what vigor they are conducted. The mail routes of the United States cover an extent of about 142,877 miles, having been increased about 37,103 miles within the last two years. The annual mail transportation on these routes is about 36,228,962 miles, having been increased about 10,359,476 miles within the same period. The number of post-offices has also been increased from 10,770 to 12,099, very few of which receive the mails less than once a week, and a large portion of them daily. Contractors and postmasters in general are represented as attending to their duties with most commendable zeal and fidelity. The revenue of the Department within the year ending on the 30th of June last was $4,137,056.59, and its liabilities accruing within the same time were $3,380,847.75. The increase of revenue over that of the preceding year was $708,166.41.
For many interesting details I refer you to the report of the Postmaster-General, with the accompanying papers, Your particular attention is invited to the necessity of providing a more safe and convenient building for the accommodation of that Department.
I lay before Congress copies of reports submitted in pursuance of a call made by me upon the heads of Departments for such suggestions as their experience might enable them to make as to what further legislative provisions may be advantageously adopted to secure the faithful application of public moneys to the objects for which they are appropriated, to prevent their misapplication or embezzlement by those intrusted with the expenditure of them, and generally to increase the security of the Government against losses in their disbursement. It is needless to dilate on the importance of providing such new safeguards as are within the power of legislation to promote these ends, and I have little to add to the recommendations submitted in the accompanying papers.
By law the terms of service of our most important collecting and disbursing officers in the civil departments are limited to four years, and when reappointed their bonds are required to be renewed. The safety of the public is much increased by this feature of the law, and there can be no doubt that its application to all officers intrusted with the collection or disbursement of the public money, whatever may be the tenure of their offices, would be equally beneficial. I therefore recommend, in addition to such of the suggestions presented by the heads of Departments as you may think useful, a general provision that all officers of the Army or Navy, or in the civil departments, intrusted with the receipt or payment of public money, and whose term of service is either unlimited or for a longer time than four years, be required to give new bonds, with good and sufficient sureties, at the expiration of every such period.
A change in the period of terminating the fiscal year, from the 1st of October to the 1st of April, has been frequently recommended, and appears to be desirable.
The distressing casualties in steamboats which have so frequently happened during the year seem to evince the necessity of attempting to prevent them by means of severe provisions connected with their customhouse papers. This subject was submitted to the attention of Congress by the Secretary of the Treasury in his last annual report, and will be again noticed at the present session, with additional details. It will doubtless receive that early and careful consideration which its pressing importance appears to require.
Your attention has heretofore been frequently called to the affairs of the District of Columbia, and I should not again ask it did not their entire dependence on Congress give them a constant claim upon its notice. Separated by the Constitution from the rest of the Union, limited in extent, and aided by no legislature of its own, it would seem to be a spot where a wise and uniform system of local government might have been easily adopted. This District has, however, unfortunately been left to linger behind the rest of the Union. Its codes, civil and criminal, are not only very defective, but full of obsolete or inconvenient provisions. Being formed of portions of two States, discrepancies in the laws prevail in different parts of the territory, small as it is; and although it was selected as the seat of the General Government, the site of its public edifices, the depository of its archives, and the residence of officers intrusted with large amounts of public property and the management of public business, yet it has never been subjected to or received that special and comprehensive legislation which these circumstances peculiarly demand. I am well aware of the various subjects of greater magnitude and immediate interest that press themselves on the consideration of Congress, but I believe there is not one that appeals more directly to its justice than a liberal and even generous attention to the interests of the District of Columbia and a thorough and careful revision of its local government.
M. VAN BUREN
SPECIAL MESSAGES.
WASHINGTON, _December 6, 1837_.
_To the Senate and House of Representatives of the United States_:
I transmit herewith a report from the Secretary of the Treasury, exhibiting a transfer of appropriation that has been made in that Department in pursuance of the power vested in the President by the first section of the act of Congress of the 3d of March, 1809, entitled “An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments.”
M. VAN BUREN
WASHINGTON, _December, 1837_.
_To the Senate_:
I transmit, for the action of the Senate, treaties negotiated with the following Indian tribes, viz:
(1) The Chippewas of the Mississippi; (2) the Kioways, Ka-ta-kas, and Ta-wa-ka-ros; (3) the Sioux of the Mississippi; (4) the Sacs and Foxes of the Mississippi; (5) the Sioux of the Missouri; (6) the Sacs and Foxes of the Missouri; (7) the Winnebagoes; (8) the Ioways.
M. VAN BUREN.
WASHINGTON, _December 11, 1837_.
_To the Senate of the United States_:
I herewith transmit to the Senate a report[5] from the Secretary of State, with accompanying documents, in pursuance of their resolution of the 12th of October last.
M. VAN BUREN.
[Footnote 5: Relating to the capture and sequestration of the ship _Mary_, of Baltimore, and her cargo by the Dutch Government at the island of Curacoa in 1809.]
WASHINGTON, _December, 1837_.
_To the Senate of the United States_:
In compliance with the resolution of the Senate of the 13th of October last, relative to claims of citizens of the United States on the Government of the Mexican Republic, I transmit a report from the Secretary of State and the documents by which it was accompanied.
M. VAN BUREN.
WASHINGTON, _December 15, 1837_.
_To the Senate and House of Representatives_:
I transmit herewith a communication from the Secretary of War and the plans for marine hospitals on the Western waters, referred to by him, which are connected with the annual report from the War Department.
M. VAN BUREN.
WASHINGTON, _December 18, 1837_.
_To the Senate of the United States_:
I transmit herewith a report and accompanying documents[6] from the Secretary of War, which contain the information called for by a resolution of the 13th of October last.
M. VAN BUREN.
[Footnote 6: Relating to adjustment of claims to reservations of land under the fourteenth article of the treaty of 1830 with the Choctaw Indians.]
WASHINGTON, _December 21, 1837_.
_To the House of Representatives of the United States_:
In compliance with a resolution of the House of Representatives of the last session, I transmit a report made to me by the architect of the public buildings, with the accompanying documents, exhibiting a plan of the Treasury building now in process of erection, showing its location in reference to the adjacent streets and public square on which it is located, its elevation, the number and size of the rooms it will afford suitable for office business and the number and size of those suitable only for the deposit of records, with a statement of the sum expended on said building and an estimate of the sum that will be required to complete the same. As the fifth section of the act of July 4, 1836, under the authority of which this building has been commenced, provides only for the erection of an edifice of such dimensions as may be required for the present and future accommodation of the Treasury Department, the size of the structure has been adapted to that purpose; and it is not contemplated to appropriate any part of the building to the use of any other Department. As it is understood, however, that the plan of the edifice admits of its being completed either with or without wings, and that if Congress should think proper accommodation may be provided by means of wings consistently with the harmony of the original design for the Department of State and the General Post-Office, it is not thought that the public interest requires any change in the location or plan, although it is believed that the convenience of the public business would be promoted by including in the building the proposed accommodations for the two other Departments just mentioned. The report of the architect shows the supposed difference of the expense that would be incurred in the event of the construction of the building with wings, in taking down the edifice now occupied by the Department of State, or repairing it so as to render it fireproof and make its outside conform to the other parts of the new building.
I also transmit statements from the heads of the several Departments of the number and size of the rooms that are necessary for their respective Departments for office business and for the deposit of records.
M. VAN BUREN.
WASHINGTON, _December 22, 1837_.
_To the Senate of the United States_:
I herewith transmit to the Senate a report from the Secretary of State, in answer to their resolution of the 16th of October last.
M. VAN BUREN.
DEPARTMENT OF STATE,
_WASHINGTON, December 22, 1837_.
The PRESIDENT OF THE UNITED STATES:
The Secretary of State, to whom has been referred the resolution of the Senate of the 16th of October last, requesting the President of the United States to communicate to that body “at the next session of Congress (if not inconsistent with the public interest) any correspondence between the Government of the United States and any foreign government relative to the occupation of the territory of the United States west of the Rocky Mountains and bordering on the Pacific Ocean, and whether any, and, if so, what, portion of the said territory is in the possession of any foreign power,” has the honor to report to the President that no correspondence between this and any foreign government on the subject referred to has passed since the negotiation of the existing convention of 1827 with Great Britain, by which the provisions of the third article of the convention of the 20th of October, 1818, with His Britannic Majesty, leaving the territory claimed by either power westward of the Rocky Mountains free and open to the citizens and subjects of both, were extended and continued in force indefinitely, but liable to be annulled at the will of either party, on due notice of twelve months, at anytime after the 20th of October, 1828, and that the papers relating to the negotiation to which allusion has just been made were communicated to the Senate in confidence in the early part of the first session of the Twentieth Congress.
With regard to the second clause of the resolution above cited, the Secretary has to state that the trading establishment called “Astoria,” at the mouth of the Columbia River, formerly belonging to John Jacob Astor, of New York, was sold to, and therefore left in the possession of, the British Northwest Company, which subsequently united with the British Hudson Bay Company; that this company has now several depots in the country, the principal of which is at Fort Vancouver, on the north bank of the Columbia River, and about 80 or 100 miles from its mouth. It appears that these posts have not been considered as being in contravention of the third article of the convention of 1818, before referred to; and if not, there is no portion of the territory claimed by the United States west of the Stony Mountains known to be in the exclusive possession of a foreign power. It is known, by information recently obtained, that the English company have a steamboat on the Columbia, and have erected a sawmill and are cutting timber on the territory claimed by the United States, and shipping it in considerable quantities to the Sandwich Islands.
Respectfully submitted,
JOHN FORSYTH
WASHINGTON, _December 26, 1837_.
_To the House of Representatives of the United States_:
I herewith transmit to the House of Representatives a report from the Secretary of State, in answer to their resolution of the 9th of October last.
M. VAN BUREN.
DEPARTMENT OF STATE,
_WASHINGTON, December 23, 1837_.
The PRESIDENT OF THE UNITED STATES:
The Secretary of State, to whom has been referred the resolution of the House of Representatives of the 9th of October last, requesting the President to communicate to that House “at its next session, so far as in his judgment is consistent with the public interest, whether any foreign power, or the subjects of any foreign power, have possession of any portion of the territory of the United States on the Columbia River, or are in the occupancy of the same, and, if so, in what way, by what authority, and how long such possession or occupancy has been kept by such persons,” has the honor to report to the President that a trading establishment called “Astoria” was founded at the mouth of the Columbia River about the year 1811 by J.J. Astor, of New York; that his interest was sold to the British Northwest Company during the late war between the United States and Great Britain; that this company held it, and were left in possession at the time the country was formally delivered to the American commissioners, and that this company afterwards united with and became a part of the Hudson Bay Company under that name, which company, it is believed, have from the period of such union occupied the post in question, now commonly called “Fort George.” The Hudson Bay Company have also several depots situated on water courses in the interior of the country. The principal one is at Fort Vancouver, on the northern bank of the Columbia River, about 80 or 100 miles from its mouth. It is known by information recently obtained that the English company have a steamboat on this river, and that they have erected a sawmill and are cutting timber on the territory claimed by the United States, and are shipping it in considerable quantities to the Sandwich Islands.
The original occupation was under the authority of the purchase of J.J. Astor’s interest, and it has been continued under the provisions of the conventions of 1818 and 1827 with Great Britain. By the third article of the first of these conventions it is stipulated that the territory claimed by either power westward of the Rocky Mountains shall be free and open for a term of years to the citizens and subjects of both. By the second convention this stipulation is extended and continued in force indefinitely, liable, however, to be annulled at any time after the 20th of October, 1828, at the will of either party, on due notice of twelve months.
Respectfully submitted,
JOHN FORSYTH.
WASHINGTON, _January 5, 1838_.
_To the Senate and House of Representatives of the United States_:
Recent experience on the southern boundary of the United States and the events now daily occurring on our northern frontier have abundantly shown that the existing laws are insufficient to guard against hostile invasion from the United States of the territory of friendly and neighboring nations.
The laws in force provide sufficient penalties for the punishment of such offenses after they have been committed, and provided the parties can be found, but the Executive is powerless in many cases to prevent the commission of them, even when in possession of ample evidence of an intention on the part of evil-disposed persons to violate our laws.
Your attention is called to this defect in our legislation. It is apparent that the Executive ought to be clothed with adequate power effectually to restrain all persons within our jurisdiction from the commission of acts of this character. They tend to disturb the peace of the country and inevitably involve the Government in perplexing controversies with foreign powers. I recommend a careful revision of all the laws now in force and such additional enactments as may be necessary to vest in the Executive full power to prevent injuries being inflicted upon neighboring nations by the unauthorized and unlawful acts of citizens of the United States or of other persons who may be within our jurisdiction and subject to our control.
In illustration of these views and to show the necessity of early action on the part of Congress, I submit herewith a copy of a letter received from the marshal of the northern district of New York, who had been directed to repair to the frontier and take all authorized measures to secure the faithful execution of existing laws.
M. VAN BUREN.
BUFFALO, _December 28, 1837_.
His Excellency M. VAN BUREN.
SIR: This frontier is in a state of commotion. I came to this city on the 22d instant, by direction of the United States attorney for the northern district of this State, for the purpose of serving process upon individuals suspected of violating the laws of the United States enacted with a view to maintain our neutrality. I learned on my arrival that some 200 or 300 men, mostly from the district of country adjoining this frontier and from this side of the Niagara, had congregated upon Navy Island (Upper Canada), and were there in arms, with Rensselaer van Rensselaer, of Albany, at their head as commander in chief. From that time to the present they have received constant accessions of men, munitions of war, provisions, etc., from persons residing within the States. Their whole force is now about 1,000 strong, and, as is said, are well supplied with arms, etc.
Warrants have been issued in some cases, but no arrests have as yet been effected. This expedition was got up in this city soon after McKenzie’s arrival upon this side of the river, and the first company that landed upon the island were organized, partially at least, before they crossed from this side to the island.
From all that I can see and learn I am satisfied that if the Government deem it their duty to prevent supplies being furnished from this side to the army on the island, and also the augmentation of their forces from among the citizens of the States, that an armed force stationed along upon the line of the Niagara will be absolutely necessary to its accomplishment.
I have just received a communication from Colonel McNab, commanding His Majesty’s forces now at Chippewa, in which he strongly urges the public authorities here to prevent supplies being furnished to the army on the island, at the same time stating that if this can be effected the whole affair could be closed without any effusion of blood.
McNab is about 2,500 strong and constantly increasing. I replied to him that I should communicate with you immediately, as also with the governor of this State, and that everything which could would be done to maintain a strict neutrality.
I learn that persons here are engaged in dislodging one or more steamboats from the ice, and, as is supposed, with a view to aid in the patriot expedition.
I am, sir, with great consideration, your obedient servant,
N. GANON,
_United States Marshal, Northern District of New York_,
WASHINGTON, _January 8, 1838_.
_To the House of Representatives of the United States_:
In answer to the resolution of the House of Representatives of the 5th instant, respecting the capture[7] and restoration of the Mexican brig of war the _General Urrea_, I transmit reports from the Secretaries of State and the Navy.
M. VAN BUREN.
[Footnote 7: By the United States sloop of war _Natchez_ off the coast of Texas.]
WASHINGTON, _January 8, 1838_.
_To the House of Representatives of the United States_:
I herewith transmit to the House of Representatives a report,[8] and accompanying documents, from the Secretary of State, in compliance with a resolution of that body dated the 5th instant.
M. VAN BUREN.
[Footnote 8: Transmitting instructions and correspondence concerning the preservation of the neutrality of the United States in the civil wars and insurrections in Mexico and in any of the British Provinces north of the United States since 1829.]
WASHINGTON, _January 8, 1838_.
_To the House of Representatives of the United States_:
I herewith transmit to the House of Representatives a report from the Secretary of State, in answer to a resolution[9] of that body dated the 5th instant.
M. VAN BUREN.
[Footnote 9: Calling for information of any acts endangering the amicable relations with Great Britain.]
WASHINGTON, _January 8, 1838_.
_To the Senate and House of Representatives of the United States_:
In the highly excited state of feeling on the northern frontier, occasioned by the disturbances in Canada, it was to be apprehended that causes of complaint might arise on the line dividing the United States from Her Britannic Majesty’s dominions. Every precaution was therefore taken on our part authorized by the existing laws, and as the troops of the Provinces were embodied on the Canadian side it was hoped that no serious violation of the rights of the United States would be permitted to occur. I regret, however, to inform you that an outrage of a most aggravated character has been committed, accompanied by a hostile though temporary invasion of our territory, producing the strongest feelings of resentment on the part of our citizens in the neighborhood and on the whole border line, and that the excitement previously existing has been alarmingly increased. To guard against the possible recurrence of any similar act I have thought it indispensable to call out a portion of the militia, to be posted on that frontier. The documents herewith presented to Congress show the character of the outrage committed, the measures taken in consequence of its occurrence, and the necessity for resorting to them.
It will also be seen that the subject was immediately brought to the notice of the British minister accredited to this country, and the proper steps taken on our part to obtain the fullest information of all the circumstances leading to and attendant upon the transaction, preparatory to a demand for reparation. I ask such appropriations as the circumstances in which our country is thus unexpectedly placed require.
M. VAN BUREN.
_Mr. Rogers to the President_.
BUFFALO, _December 30, 1837_.
His Excellency MARTIN VAN BUREN,
_President of the United States_.
SIR: Inclosed are copies of affidavits which I have prepared in great haste, and which contain all that is material in relation to the gross and extraordinary transaction to which they relate. Our whole frontier is in commotion, and I fear it will be difficult to restrain our citizens from revenging by a resort to arms this flagrant invasion of our territory. Everything that can be done will be by the public authorities to prevent so injudicious a movement. The respective sheriffs of Erie and Niagara have taken the responsibility of calling out the militia to guard the frontier and prevent any further depredations.
I am, sir, with great consideration, your obedient servant,
H.W. ROGERS,
_District Attorney for Erie County, and Acting for the United States_.
STATE OF NEW YORK, _Niagara County, ss_:
Gilman Appleby, of the city of Buffalo, being sworn, says that he left the port of Buffalo on the morning of the 29th instant in the steamboat _Caroline_, owned by William Wells, of Buffalo, and bound for Schlosser, upon the east side of the Niagara River and within the United States; that this deponent commanded the said _Caroline_, and that she was cleared from Buffalo with a view to run between said Buffalo and Schlosser, carrying passengers, freight, etc.; that this deponent caused the said _Caroline_ to be landed at Black Rock on her way down, and that while at Black Rock this deponent caused the American flag to be run up, and that soon after leaving Black Rock Harbor a volley of musketry was discharged at the _Caroline_ from the Canada shore, but without injury; that the said _Caroline_ continued her course down the Niagara River unmolested and landed outside of certain scows or boats attached to Navy Island, where a number of passengers disembarked and, as this deponent supposes, certain articles of freight were landed; that from this point the _Caroline_ ran to Schlosser, arriving there at 3 o’clock in the afternoon; that between this time and dark the _Caroline_ made two trips to Navy Island, landing as before; that at about 6 o’clock in the evening this deponent caused the said _Caroline_ to be landed at Schlosser and made fast with chains to the dock at that place; that the crew and officers of the _Caroline_ numbered ten, and that in the course of the evening twenty-three individuals, all of whom were citizens of the United States, came on board of the _Caroline_ and requested this deponent and other officers of the boat to permit them to remain on board during the night, as they were unable to get lodgings at the tavern near by; these requests were acceded to, and the persons thus coming on board retired to rest, as did also the crew and officers of the _Caroline_, except such as were stationed to watch during the night; that about midnight this deponent was informed by one of the watch that several boats filled with men were making toward the _Caroline_ from the river, and this deponent immediately gave the alarm, and before he was able to reach the dock the _Caroline_ was boarded by some seventy or eighty men, all of whom were armed; that they immediately commenced a warfare with muskets, swords, and cutlasses upon the defenseless crew and passengers of the _Caroline_ under a fierce cry of “G–d d–n them, give them no quarters; kill every man. Fire! fire!”; that the _Caroline_ was abandoned without resistance, and the only effort made by either the crew or passengers seemed to be to escape slaughter; that this deponent narrowly escaped, having received several wounds, none of which, however, are of a serious character; that immediately after the _Caroline_ fell into the hands of the armed force who boarded her she was set on fire, cut loose from the dock, was towed into the current of the river, there abandoned, and soon after descended the Niagara Falls; that this deponent has made vigilant search after the individuals, thirty-three in number, who are known to have been on the _Caroline_ at the time she was boarded, and twenty-one only are to be found, one of which, to wit, Amos Durfee, of Buffalo, was found dead upon the dock, having received a shot from a musket, the ball of which penetrated the back part of the head and came out at the forehead; James H. King and Captain C.F. Harding were seriously though not mortally wounded; several others received slight wounds; the twelve individuals who are missing, this deponent has no doubt, were either murdered upon the steamboat or found a watery grave in the cataract of the Falls; and this deponent further says that immediately after the _Caroline_ was got into the current of the stream and abandoned, as before stated, beacon lights were discovered upon the Canada shore near Chippewa, and after sufficient time had elapsed to enable the boats to reach that shore this deponent distinctly heard loud and vociferous cheering at that point; that this deponent has no doubt that the individuals who boarded the _Caroline_ were a part of the British forces now stationed at Chippewa.
[Subscribed and sworn to before a commissioner, etc.]
STATE OF NEW YORK, _Niagara County, ss_:
Charles F. Harding, James H. King, Joshua H. Smith, William Seaman, William Kennedy, William Wells, John Leonard, Sylvanus Staring, and John Haggarty, being sworn, severally depose and say that they have heard the foregoing affidavit of Gilman Appleby read; that they were on the _Caroline_ at the time she was boarded as stated in said affidavit, and that all the facts sworn to by said Appleby as occurring after the said _Caroline_ was so boarded as aforesaid are correct and true.
[Subscribed and sworn to before a commissioner, etc.]
_Mr. Poinsett to General Scott_.
DEPARTMENT OF WAR, _January 5, 1838_.
Brevet Major-General WINFIELD SCOTT,
_Washington City_.
SIR: You will repair without delay to the Canada frontier of the United States and assume the military command there.
Herewith you will receive duplicate letters to the governors of the States of New York and Vermont, requesting them to call into the service of the United States such a militia force as you may deem necessary for the defense of that frontier of the United States.
This power has been confided to you in the full persuasion that you will use it discreetly and extend the call only so far as circumstances may seem to require.
It is important that the troops called into the service should be, if possible, exempt from that state of excitement which the late violation of our territory has created, and you will therefore impress upon the governors of these border States the propriety of selecting troops from a portion of the State distant from the theater of action.
The Executive possesses no legal authority to employ the military force to restrain persons within our jurisdiction and who ought to be under our control from violating the laws by making incursions into the territory of neighboring and friendly nations with hostile intent. I can give you, therefore, no instructions on that subject, but request that you will use your influence to prevent such excesses and to preserve the character of this Government for good faith and a proper regard for the rights of friendly powers.
The militia will be called into the service for three months, unless sooner discharged, and in your requisitions you will designate the number of men and take care that the officers do not exceed a due proportion.
It is deemed important that the administrative branch of the service should be conducted wherever practicable by officers of the Regular Army.
The disposition of the force with regard to the points to be occupied is confided to your discretion, military skill, and intimate knowledge of the country; and the amount of that force must depend upon the character and duration of the contest now going on in Canada and the disposition manifested by the people and the public authorities of that colony.
The President indulges a hope that outrages similar to that which lately occurred at Schlosser will not be repeated, and that you will be able to maintain the peace of that frontier without being called upon to use the force which has been confided to you.
Very respectfully, your most obedient servant,
J.R. POINSETT.
_Mr. Poinsett to Governor Marcy_.
DEPARTMENT OF WAR, _January 5, 1838_.
His Excellency W.L. MARCY,
_Governor of New York, Albany, N.Y._
SIR: The territory of the United States having been violated by a party of armed men from the Canada shore, and apprehensions being entertained from the highly excited feelings of both parties that similar outrages may lead to an invasion of our soil, the President has thought proper to exercise the authority vested in him by law and call out such militia force as may be deemed necessary to protect the frontiers of the United States.
I am, in consequence, instructed by the President to request you will call into the service of the United States and place under the command of Brevet Major-General Scott such militia force as he may require, to be employed on the Canada frontier for the purpose herein set forth.
Very respectfully, your most obedient servant,
J.R. POINSETT
[Same to His Excellency Silas H. Jennison, governor of Vermont, Montpelier, Vt.]
_Mr. Forsyth to Mr. Fox_.
DEPARTMENT OF STATE,
_WASHINGTON, January 5, 1838_.
HENRY S. Fox, Esq., etc.
SIR: By the direction of the President of the United States I have the honor to communicate to you a copy of the evidence furnished to this Department of an extraordinary outrage committed from Her Britannic Majesty’s Province of Upper Canada on the persons and property of citizens of the United States within the jurisdiction of the State of New York. The destruction of the property and assassination of citizens of the United States on the soil of New York at the moment when, as is well known to you, the President was anxiously endeavoring to allay the excitement and earnestly seeking to prevent any unfortunate occurrence on the frontier of Canada has produced upon his mind the most painful emotions of surprise and regret. It will necessarily form the subject of a demand for redress upon Her Majesty’s Government. This communication is made to you under the expectation that through your instrumentality an early explanation may be obtained from the authorities of Upper Canada of all the circumstances of the transaction, and that by your advice to those authorities such decisive precautions may be used as will render the perpetration of similar acts hereafter impossible. Not doubting the disposition of the government of Upper Canada to do its duty in punishing the aggressors and preventing future outrage, the President, notwithstanding, has deemed it necessary to order a sufficient force on the frontier to repel any attempt of a like character, and to make known to you that if it should occur he can not be answerable for the effects of the indignation of the neighboring people of the United States.
I take this occasion to renew to you the assurance of my distinguished consideration.
JOHN FORSYTH.
WASHINGTON, _January 12, 1838_.
_To the Senate and House of Representatives of the United States_:
I transmit to Congress copies of a representation from a late grand jury of the county of Washington, in this District, concurred in by two of the judges of the circuit court, of the necessity of the erection of a new jail and a lunatic asylum in this city. I also transmit copies of certain proceedings of the circuit court for the county of Alexandria at the last October term, and of a representation of the grand jury, made with the approbation of the court, showing the unsafe condition of the court-house of that county and the necessity for a new one.
I recommend these objects to the favorable consideration of Congress.
M. VAN BUREN.
WASHINGTON, _January 12, 1838_.
The SPEAKER OF THE HOUSE OF REPRESENTATIVES:
In answer to a resolution of the House of Representatives of the 2d instant, I transmit herewith a report[10] of the Secretary of War, explanatory of the causes which have prevented a compliance with a resolution of that branch of Congress of February 24, 1837.
M. VAN BUREN.
[Footnote 10: Relating to alleged frauds upon the Creek Indians in the sale and purchase of their lands, etc.]
WASHINGTON, _January 13, 1838_.
_To the Senate_:
I transmit to the Senate, for its constitutional action, a treaty made with the Chippewa Indians of Saganaw on the 20th of December, 1837.
M. VAN BUREN.
WASHINGTON, _January 26, 1838_.
_To the House of Representatives of the United States_:
I herewith communicate to the House of Representatives a report from the Secretary of State, with accompanying documents, in answer to their resolution of the 9th instant.
M. VAN BUREN.
DEPARTMENT OF STATE,
_WASHINGTON, January 25, 1838_.
The PRESIDENT OF THE UNITED STATES:
The Secretary of State, to whom has been referred a resolution of the House of Representatives, dated the 9th instant, requesting the President to communicate to that body “what measures, if any, have been taken by the Executive for the release of Mr. Greely, a citizen of Maine, now imprisoned in the provincial jail of New Brunswick at Frederickton for an alleged violation of the jurisdiction of said Province over the territory claimed by the British Government; and also to communicate any correspondence which the executive department may have had with the British Government or the executive of Maine upon the subject of said Greely’s imprisonment, so far as a communication of the same may be deemed by him not incompatible with the public interest;” and likewise requesting the President, if not incompatible with the public interests, to communicate to that House “any correspondence or communication held between the Government of the United States and that of Great Britain at different times respecting the wardenship, occupation, or actual possession of that part of the territory of the State of Maine which is claimed by Great Britain,” has the honor to report to the President the accompanying documents, which embrace the information and correspondence not heretofore published by Congress called for by the above-cited resolution.
Respectfully submitted,
JOHN FORSYTH.
_The governor of Maine to the President of the United States_.
STATE OF MAINE, EXECUTIVE DEPARTMENT,
_September 18, 1837_.
His Excellency MARTIN VAN BUREN,
_President of the United States_.
SIR: I lose no time in advising Your Excellency that Ebenezer S. Greely, esq., a citizen of this State, while employed within its limits and under its authority in taking an enumeration of the inhabitants of the county of Penobscot residing north of the surveyed and located townships, has been arrested a second time by the provincial authorities of New Brunswick, and is now in confinement in the jail of Frederickton.
It becomes my duty to request that prompt measures be adopted by the Government of the United States to effect the release of Mr. Greely.
I have the honor to be, etc.,
ROBERT P. DUNLAP.
_Mr. Forsyth to Mr. Dunlap_.
DEPARTMENT OF STATE,
_Washington, September 26, 1837_.
His Excellency ROBERT P. DUNLAP,
_Governor of Maine_.
SIR: I have the honor, by direction of the President, to acknowledge the receipt of the letter addressed to him by your excellency on the 18th instant, advising him that Ebenezer S. Greely, esq., a citizen of Maine, while employed within its limits and under its authority in taking an enumeration of the inhabitants of the county of Penobscot, has been arrested a second time by the provincial authorities of New Brunswick, and is now in confinement in the jail at Frederickton; and requesting that prompt measures be adopted by the Government of the United States to effect the release of Mr. Greely.
I hasten to assure you in reply that Mr. Stevenson, the minister of the United States at London, will be immediately instructed to renew his application to the British Government for the release of Mr. Greely, and that the result, when obtained and communicated to this Department, will be made known to your excellency without unnecessary delay.
Information was given at an early day to the executive of Maine of the informal arrangement between the United States and Great Britain in regard to the exercise of jurisdiction within the disputed territory, and the President’s desire was then expressed that the government and people of that State would cooperate with the Federal Government in carrying it into effect. In the letter addressed to your excellency from this Department on the 17th ultimo you were informed of the continuance of that arrangement and of the reasons for it. I am now instructed by the President (who indulges the confident expectation that the executive of Maine will still see in the gravity of the interests involved a sufficient motive for his cordial concurrence in an arrangement which offers the best prospect of an amicable and satisfactory adjustment of the general question of boundary) to request your excellency’s cooperation in the conciliatory course adopted by the two Governments, an adherence to which seems the more important at this time from the consideration that an answer to the President’s last proposition is daily looked for, and to renew to you the assurance that no efforts shall be spared on his part to bring the negotiation to a speedy conclusion.
I have the honor to be, etc.,
JOHN FORSYTH.
_Mr. Forsyth to Mr. Stevenson_.
[Extract.]
DEPARTMENT OF STATE,
_Washington, July 12, 1837_.
ANDREW STEVENSON, Esq., etc.
SIR: I inclose an extract[11] of a letter received at this Department from the governor of Maine, by which you will perceive that a citizen of that State, named Ebenezer S. Greely, while employed, in virtue of an appointment under one of its laws, in making an enumeration of the inhabitants upon a part of the territory claimed as being within the limits of the State, was seized by order of the authorities of the Province of New Brunswick on the 6th of June last and imprisoned in the public jail of Frederickton, where he still remains. I also transmit a copy of sundry documents relating to his arrest and detention.[12] This outrage upon the personal liberty of one of its citizens has actually caused great excitement in Maine, and has produced an urgent appeal to the General Government for its intervention in procuring redress for what is considered an unprovoked and unjustifiable aggression. This arrest was made on a part of the territory in dispute between the United States and Great Britain, and could only have been justified in the existing state of that controversy by some plain infringement of the understanding which exists between the parties, that until the settlement of the question of right there shall be no extension of jurisdiction on either side within the disputed limits. It is not perceived how the simple enumeration of the inhabitants, about which Mr. Greely was employed, could be construed as a breach of that understanding, and it is expected that the Government of Great Britain will promptly mark its disapproval of this act of violence committed by the provincial authorities, so inconsistent with those amicable feelings under which the negotiation respecting the controverted boundary has been hitherto conducted, and so essential to bring it to a happy termination. You are directed immediately upon the receipt of this dispatch to bring the subject to the notice of His Majesty’s Government, and to demand as a matter of justice and right the prompt release of Mr. Greely and a suitable indemnity for his imprisonment.
[Footnote 11: Omitted.]
[Footnote 12: Omitted.]
_Mr. Stevenson to Mr. Forsyth_.
[Extract.]
LEGATION OF THE UNITED STATES,
_London, August 21, 1837_.
SIR: I received by the last packet to Liverpool your dispatch of the 12th of July (No. 21), transmitting copies of the documents and correspondence in relation to the arrest and imprisonment of Mr. Greely, a citizen of Maine, by the authorities of New Brunswick.
In pursuance of your instructions, I lost no time in presenting the subject to the consideration of the Government, and herewith transmit to you a copy of my note to Lord Palmerston, to which no answer has yet been received.
You will see that I waived for the present the discussion of the question of right and jurisdiction, and contented myself with presenting the facts of the case and demanding the immediate release of Mr. Greely and indemnity for the injuries which he had sustained.
_Mr. Stevenson to Lord Palmerston_.
23 PORTLAND PLACE, _August 10, 1837_.
LORD PALMERSTON, etc.:
The undersigned, envoy extraordinary and minister plenipotentiary from the United States, has the honor, in pursuance of instructions from his Government, to transmit to Lord Palmerston, Her Majesty’s principal secretary of state for foreign affairs, copies of sundry official documents detailing the circumstances under which a most unwarrantable outrage has recently been committed by the authorities of the Province of New Brunswick upon the rights and liberty of a citizen of the United States.
From these papers it appears that Ebenezer S. Greely, a citizen of the State of Maine, was duly appointed for the purpose of taking an enumeration of the inhabitants of that State by an act of its legislature; that on the 6th of June last, whilst Mr. Greely was engaged in performing this duty and taking down the names of the inhabitants residing in that part of the disputed territory claimed by the United States as lying within the limits of Maine, he was forcibly arrested by the authorities of New Brunswick, immediately transported in custody to the town of Frederickton, and imprisoned in the public jail, where he still remains. This proceeding by the authorities of New Brunswick, having produced, as might justly have been expected, very deep excitement in Maine, was followed by an immediate appeal from the governor of that State to the Government of the United States for intervention and redress.
This application on the part of Maine having received the special consideration of the President, the undersigned has been instructed to lose no time in presenting the subject to the early and earnest attention of Her Majesty’s Government, and demanding not only the immediate liberation of Mr. Greely from imprisonment, but indemnity for the injuries that he has sustained.
In fulfilling these instructions of his Government it is not the purpose of the undersigned to open the general discussion of the respective claims of Great Britain and the United States to the disputed territory (within which Mr. Greely was arrested), or the right of either Government to exercise jurisdiction within its limits. Whatever opinion the undersigned may entertain as to the rightful claim of the State of Maine to the territory in dispute, and however unanswerable he may regard the arguments by which the claim may be sustained, he deems it neither proper nor needful to urge them upon the consideration of Her Majesty’s Government in the decision of the present case; more especially as the whole subject is elsewhere, and in another form, matter of negotiation between the two Governments, where the discussion of the question of right more appropriately belongs. The undersigned, moreover, does not presume that pending the negotiation, and whilst efforts are making for the peaceable and final adjustment of these delicate and exciting questions, Her Majesty’s Government can claim the right of exclusive jurisdiction and sovereignty over the disputed territory or the persons residing within its limits. In such a claim of power on the part of Great Britain or its provincial authorities, the undersigned need not repeat to Lord Palmerston (what he is already fully apprised of) the Government of the United States can never consent to acquiesce in the existing state of the controversy. On the contrary, the mutual understanding which exists between the two Governments on the subject and the moderation which both Governments have heretofore manifested forbid the exercise by either of such high acts of sovereign power as that which has been exerted in the present case by the authorities of Her Majesty’s provincial government.
The undersigned must therefore suppose that this arrest and imprisonment of an American citizen under such circumstances and in the existing state of the controversy could only have been justified by some supposed infringement of the understanding existing between the parties in relation to the question of jurisdiction within the disputed territory. Such, however, was not the case. The correspondence between the governor of Maine and the lieutenant-governor of New Brunswick shows that the only act done by Mr. Greely was the simple enumeration of the inhabitants, and it is not perceived how such an act could be construed into a breach of the understanding between the two Governments.
It is proper also to remark that this was not the first time that the inhabitants within this particular settlement had been enumerated under the authority of the United States. It was done in the census of 1820 (as a portion of the State of Maine), and was at the time neither objected to nor remonstrated against by the British Government or that of New Brunswick.
Wherever, then, the right of jurisdiction and sovereignty over this territory may dwell, the undersigned feels satisfied that Her Majesty’s Government can not fail to perceive that the arrest and imprisonment of Mr. Greely under the circumstances of the case was not only a violation of the rights of the United States, but was wholly irreconcilable with that moderation and forbearance which it is peculiarly the duty of both Governments to maintain until the question of right shall be definitively settled.
It becomes the duty of the undersigned, therefore, in pursuance of special instructions from his Government, to invite the early and favorable consideration of Her Majesty’s Government to the subject, and to demand, as a matter of justice and right, the immediate discharge of Mr. Greely from imprisonment, and a suitable indemnity for the wrongs he has sustained.
Before closing this note the undersigned will avail himself of the occasion to remind Lord Palmerston of the urgency which exists for the immediate and final adjustment of this long-pending controversy, and the increased obstacles which will be thrown in the way of its harmonious settlement by these repeated collisions of authority and the exercise of exclusive jurisdiction by either party within the disputed territory.
He begs leave also to repeat to his lordship assurances of the earnest and unabated desire which the President feels that the controversy should be speedily and amicably settled, and to express the anxiety with which the Government of the United States is waiting the promised decision of Her Majesty’s Government upon the proposition submitted to it as far back as July, 1836, and which the undersigned had been led to believe would long since have been given; and he has been further directed to say that should this proposition be disapproved the President entertains the hope that some new one on the part of Her Majesty’s Government will immediately be made for the final and favorable termination of this protracted and deeply exciting controversy.
The undersigned begs Lord Palmerston to receive renewed assurances of his distinguished consideration.
A. STEVENSON.
_Mr. Forsyth to Mr. Stevenson_.
DEPARTMENT OF STATE,
_Washington, September 28, 1837_.
ANDREW STEVENSON, Esq., etc.
SIR: You will receive herewith the copy of a note, dated the 18th instant, recently received by the President from the governor of Maine, who alleges that Ebenezer S. Greely, esq., a citizen of that State, while employed within its limits and under its authority in enumerating the inhabitants of Penobscot County, has been again arrested and imprisoned by the provincial authorities of New Brunswick, and requests that speedy measures be adopted by the Government of the United States to procure the release of Mr. Greely.
Governor Dunlap has been assured, by the President’s direction, that steps would be immediately taken to effect that object, and you are accordingly instructed, on the receipt of this dispatch, to bring the subject without delay to the attention of the British secretary of state for foreign affairs. You will remonstrate in a respectful but earnest manner against this second violation of the rights of Maine in the person of her agent, and demand the prompt release of Mr. Greely, with such additional indemnification as the nature of the outrage calls for.
I am, etc.,
JOHN FORSYTH.
_Mr. Stevenson to Mr. Forsyth_.
[Extracts.]
LEGATION OF THE UNITED STATES,
_London, November 22, 1837_.
On my return to London, after an absence of a few weeks, I found your dispatches Nos. 26 and 27, under date of the 8th and 28th of September. In pursuance of your instructions I addressed an official note to Lord Palmerston on the subject of the second arrest and imprisonment of Mr. Greely by the provincial authority of New Brunswick, a copy of which I have now the honor of transmitting to you.
No answer has yet been received to my first note, but I presume a decision of the case may be soon expected.
_Mr. Stevenson to Lord Palmerston_.
23 PORTLAND PLACE, _November 8, 1837_.
The undersigned, envoy extraordinary and minister plenipotentiary from the United States, had the honor on the 10th of August last of addressing to Lord Viscount Palmerston, Her Majesty’s principal secretary of state for foreign affairs, an official note complaining of the arrest and imprisonment of Ebenezer S. Greely, a citizen of the United States, by the provincial authorities of New Brunswick, and demanding, by order of his Government, the immediate release of Mr. Greely from imprisonment, with suitable indemnity for the wrongs he had sustained. To this communication a note was received from his lordship, under date of the 22d of the same month, in which an assurance was given that an early answer to the complaint might be expected. No answer, however, has yet been received, and it is with unfeigned regret that the undersigned finds himself constrained, in again inviting the attention of Her Majesty’s Government to the subject, to accompany it with another complaint of a second outrage committed by the authorities of New Brunswick upon the rights and liberty of this individual.
From recent information received it appears that shortly after the first arrest and imprisonment of Mr. Greely he was, by the orders of the lieutenant-governor of New Brunswick, released from confinement, but was immediately thereafter again taken into custody by his authority and recommitted to the jail of Frederickton, where he is now detained. This fact having been communicated by the governor of Maine to the President of the United States (in an official communication setting forth the circumstances under which it was done, a copy of which is herewith transmitted), the undersigned has received the special instructions of his Government to bring the subject without delay to the notice of Her Majesty’s Government, in order that immediate steps may be taken for the liberation of Mr. Greely and indemnity made for the injuries he has suffered.
Having in the first note which he had the honor of addressing to Lord Palmerston stated the grounds upon which the release of this individual was demanded and the expectations of his Government in relation to the subject, and having waived the discussion of the questions of right and jurisdiction, which he still intends doing, it will not be needful to do more on this occasion than express to his lordship the painful surprise and regret with which the President has received information of this second outrage on the part of the authorities of New Brunswick, and to repeat the assurances heretofore given that such proceeding can be regarded in no other light than a violation of the rights and sovereignty of the United States, and entirely irreconcilable with that mutual forbearance which it was understood would be practiced by both Governments pending the negotiation.
The circumstances under which these recent attempts to enforce jurisdiction have been made show that in the most favorable aspect in which they can be regarded they were wholly indefensible.
The act for which Greely was arrested and imprisoned, so far from having been committed within the acknowledged dominions of the British Crown, and beyond the limits of the disputed territory, and therefore liable to be treated as a violation of territorial jurisdiction, took place, as appears by the statement of the governor of Maine, whilst he was employed within the limits of that State, and under its authority, in enumerating the inhabitants of the county of Penobscot.
By what authority, then, the provincial government of New Brunswick felt itself justified in exercising such acts of sovereign power the undersigned is at a loss to conceive, unless, indeed, upon the ground that the jurisdiction and sovereignty over the disputed territory pending the controversy rests exclusively with Great Britain. If such should turn out to be the fact, it can hardly be necessary again to repeat the assurances which have been heretofore given that in any such claim of power the Government of the United States can not acquiesce.
Upon the consequences which would unavoidably result from attempting to exercise such jurisdiction it is needless to enlarge. It must now be apparent that all such attempts, if persevered in, can produce only feuds and collisions of the most painful character, and besides increasing the feelings of international discord which have already been excited between the contending parties, they will close every avenue to an amicable adjustment of a controversy which it is so much the desire and interest of both Governments to accomplish. Ought it not, then, to