DECEMBER, 1832.] The President's Message. [SENATE. more simple and economical political machines, the | the conviction that the state of this important arm State Governments, it will unquestionably be safer of the public defence requires your attention. and better for the people, than to add to the splendor, the patronage, and the power of the General Government. But if the people of the several States think otherwise, they will amend the constitution, and in their decision all ought cheerfully to acquiesce. For a detailed and highly satisfactory view of the operations of the War Department, I refer you to the accompanying report of the Secretary of War. The hostile incursions of the Sac and Fox Indians necessarily led to the interposition of the Government. A portion of the troops, under Generals Scott and Atkinson, and of the militia of the State of Illinois, were called into the field. After a harassing warfare, prolonged by the nature of the country and by the difficulty of procuring subsistence, the Indians were entirely defeated, and the disaffected band dispersed or destroyed. The result has been creditable to the troops engaged in the service. Severe as is the lesson to the Indians, it was rendered necessary by their unprovoked aggressions; and it is to be hoped that its impression will be permanent and salutary. This campaign has evinced the efficient organization of the army, and its capacity for prompt and active service. Its several departments have performed their functions with energy and despatch, and the general movement was satisfactory. Our fellow-citizens upon the frontiers were ready, as they always are, in the tender of their services in the hour of danger. But a more efficient organization of our militia system is essential to that security which is one of the principal objects of all Governments. Neither our situation nor our institutions require or permit the maintenance of a large regular force. History offers too many lessons of the fatal result of such a measure not to warn us against its adoption here. The expense which attends it, the obvious tendency to employ it because it exists, and thus to engage in unnecessary wars, and its ultimate danger to public liberty, will lead us, I trust, to place our principal dependence for protection upon the great body of the citizens of the republic. If, in asserting rights or in repelling wrongs, war should come upon us, our regular force should be increased to an extent proportioned to the emergency, and our present small army is a nucleus around which such force could be formed and embodied. But for the purposes of defence under ordinary circumstances, we must rely upon the electors of the country. Those by whom, and for whom, the Government was instituted and supported, will constitute its protection in the hour of danger, as they do its check in the hour of safety. But it is obvious that the militia system is imperfect. Much time is lost, much unnecessary expense incurred, and much public property wasted under the present arrangement. Little useful knowledge is gained by the musters and drills, as now established, and the whole subject evidently requires a thorough examination. Whether a plan of classification, remedying these defects, and providing for a system of instruction, might not be adopted, is submitted to the consideration of Congress. The constitution has vested in the General Government an independent authority upon the subject of the militia, which renders its action essential to the establishment or improvement of the system. And I recommend the matter to your consideration, in I am happy to inform you, that the wise and humane policy of transferring from the eastern to the western side of the Mississippi the remnants of our aboriginal tribes, with their own consent and upon just terms, has been steadily pursued, and is approaching, I trust, its consummation. By reference to the report of the Secretary of War, and to the documents submitted with it, you will see the progress which has been made since your last session, in the arrangement of the various matters connected with our Indian relations. With one exception, every subject involving any question of conflicting jurisdiction, or of peculiar difficulty, has been happily disposed of; and the conviction evidently gains ground among the Indians, that their removal to the country assigned by the United States for their permanent residence, furnishes the only hope of their ultimate prosperity. With that portion of the Cherokees, however, living within the State of Georgia, it has been found impracticable, as yet, to make a satisfactory adjustment. Such was my anxiety to remove all the grounds of complaint, and to bring to a termination the difficulties in which they are involved, that I directed the very liberal propositions to be made to them which accompany the documents herewith submitted. They cannot but have seen in these offers the evidence of the strongest disposition, on the part of the Government, to deal justly and liberally with them. An ample indemnity was offered for their present possessions, a liberal provision for their future support and improvement, and full security for their private and political rights. Whatever difference of opinion may have prevailed respecting the just claims of these people, there will probably be none respecting the liberality of the propositions, and very little respecting the expediency of their immediate acceptance. They were however rejected, and thus the position of these Indians remained unchanged, as do the views communicated in my Message to the Senate, of February, 1831. I refer you to the annual report of the Secretary of the Navy, which accompanies this Message, for a detail of the operations of that branch of the service during the present year. Besides the general remarks on some of the transactions of our Navy, presented in the view which has been taken of our foreign relations, I seize this occasion to invite to your notice the increased protection which it has afforded to our commerce and citizens on distant seas, without any augmentation of the force in commission. In the gradual improvement of its pecuniary concerns, in the constant progress in the collection of materials suitable for use during future emergencies, and in the construction of vessels and the buildings necessary to their preservation and repair, the present state of this branch of the service exhibits the fruits of that vigilance and care which are so indispensable to its efficiency. Various new suggestions contained in the annexed report, as well as others heretofore submitted to Congress, are worthy of your attention: but none more so than that urging the renewal, for another term of six years, of the general appropriation for the gradual improvement of the Navy. From the accompanying report of the PostmasterGeneral, you will also perceive that that Department continues to extend its usefulness, without impairing SENATE.] Report from the Secretary of the Treasury. its resources, or lessening the accommodations which it affords in the secure and rapid transportation of the mail. I beg leave to call the attention of Congress to the views heretofore expressed in relation to the mode of choosing the President and Vice President of the United States, and to those respecting the tenure of office generally. Still impressed with the justness of those views, and with the belief that the modifications suggested on those subjects, if adopted, will contribute to the prosperity and harmony of the country, I earnestly recommend them to your consideration at this time. [DECEMBER, 1832. | which induced the framers of the constitution to withhold from the General Government the power to regulate the great mass of the business and concerns of the people, have been fully justified by experience; and that it cannot now be doubted that the genius of our institutions prescribes simplicity and economy as the characteristics of the reform which is yet to be effected in the present and future execution of the functions bestowed upon us by the constitution. Limited to a general superintending power to maintain peace at home and abroad, and to prescribe laws on a few subjects of general interest, not calculated to restrict human liberty, but to enforce human rights, this Government will find its strength and its glory in the faithful discharge of these plain and simple duties. Relieved by its protecting shield from the fear of war, and the apprehension of oppression, the free enterprise of our citizens, aided by the State sovereignties, will work out improvements and ameliorations, which cannot fail to demonstrate that the great truth, that the people can govern themselves, is not only realized in our example, but that it is done by a machinery in Government so simple and economical as scarce I have heretofore pointed out the defects in the law for punishing official frauds, especially within the District of Columbia. It has been found almost impossible to bring notorious culprits to punishment; and according to a decision of the Court for this District, a prosecution is barred by a lapse of two years after the fraud has been committed. It may happen again, as it has already happened, that, during the whole two years, all the evidences of the fraud may be in the possession of the culprit himself. However proper the limitation may be in relation to private citizens, it would seem that it ought not to commence running in favor of pub-ly to be felt. That the Almighty Ruler of the Unilic officers until they go out of office. sincere prayer. December 4, 1832. ANDREW JACKSON. Five thousand copies of the above Message were ordered to be printed. verse may so direct our deliberations, and overrule The Judiciary system of the United States re- our acts, as to make us instrumental in securing a mains imperfect. Of the nine Western and South-result so dear to mankind, is my most earnest and western States, three only enjoy the benefits of a Circuit Court. Ohio, Kentucky, and Tennessee, are embraced in the general system; but Indiana, Illinois, Missouri, Alabama, Mississippi, and Louisiana, have only District Courts. If the existing system be a good one, why should it not be extended? If it be a bad one, why is it suffered to exist? The new States were promised equal rights and privileges when they came into the Union, and such are the guarantees of the constitution. Nothing can be more obvious, than the obligation of the General Government to place all the States on the same footing in relation to the administration of justice, and I trust this duty will be neglected no longer. On many of the subjects to which your attention is invited in this communication, it is a source of gratification to reflect that the steps to be now adopted are uninfluenced by the embarrassments entailed upon the country by the wars through which it has passed. In regard to most of our great interests, we may consider ourselves as just starting in our career, and, after a salutary experience, about to fix upon a permanent basis the policy best calculated to promote the happiness of the people, and facilitate their progress towards the most complete enjoyment of civil liberty. On an occasion so interesting and important in our history, and of such anxious concern to the friends of freedom throughout the world, it is our imperious duty to lay aside all selfish and local considerations, and be guided by a lofty spirit of devotion to the great principles on which our institutions are founded. That this Government may be so administered as to preserve its efficiency in promoting and securing these general objects, should be the only aim of our ambition; and we cannot, therefore, too carefully examine its structure, in order that we may not mistake its powers, or assume those which the people have reserved to themselves, or have preferred to assign to other agents. We should bear constantly in mind the fact, that the considerations THURSDAY, December 6. The President laid before the Senate a communication from the Secretary of the Treasury, containing the Treasury report of the state of the finances, for the year 1832; which was ordered to be printed.* Report of LOUIS MCLANE, Esq., Secretary of the I. THE PUBLIC DEBT. "After the first of January next, no part of the public debt, except the remaining fragments of the unfunded debt, of which only small portions are occasionally presented, will be redeemable before the following year: and, though there will be in the Treasury, during the year, ample means to discharge the whole debt, they can be applied only to the purchase of stock at the market price. It is now manifest, that, if the Bank shares had been sold, and the proceeds applied to this object, the entire debt might, in this manner, have been extinguished within the present year. But it is, nevertheless, pleasing to reflect, that, after the present year, it may be considered as only a nominal debt; as the Bank shares, which have been actually paid for within the last four years, by the redemption of the stock subscribed for them, are greater in value than the whole amount of that debt and the debt itself ceases to be a burthen, inasmuch as the dividends derived from the Bank shares yield more to the Treasury than will be required to pay the interest. The debt may, therefore, be considered as substantially extinguished after the first of January next; which is earlier than was looked for under the most prosperous and economical administration of our affairs that could have been anticipated. It will, nevertheless, be gratifying to the national pride, that every thing having even the appearance of debt should cease; and measures will therefore be adopted to invite the early presentation of all the outstanding stocks, and the evidences of the public debt finally cancelled. It that they may be paid off as fast as the means are received, will be a proud day for the American people, when, to all these honorable characteristics, which have rendered their DECEMBER, 1832.] Vetoed Bill. have been entitled to claim its benefits could not The following Message was received from the have received them without the fuller legislation of Congress. President of the United States: WASHINGTON, December 6, 1832. To the Senate of the United States. to the Senate, in which it originated, the bill entiI avail myself of this early opportunity to return tled "An act providing for the final settlement of the claims of the States for interest on advances to the United States, made during the last war," with the reasons which induced me to withhold my approbation, in consequence of which it has failed to become a law. This bill was presented to me for my signature on the last day of your session, and when I was compelled to consider a variety of other bills of greater urgency to the public service. It obviously embraced a principle in the allowance of interest different from that which had been sanctioned by the practice of the accounting officers, or by the previous legislation of Congress, in regard to advances by the States, and without any apparent grounds for the change. Previously to giving my sanction to so great an extension of the practice of allowing interest upon accounts with the Government, and which, in its consequences, and from analogy, might not only call for large payments from the Treasury, but disturb the great mass of individual accounts long since finally settled, I deemed it my duty to make a more thorough investigation of the subject than it was possible for me to do previously to the close of your last session. I adopted this course the more readily, from the consideration that as the bill contained no appropriation, the States which would career so memorable among nations, they shall add the rare happiness of being a nation without debt." II. INCOME AND EXPENDITURE. "Taking an average of the importations for the last six years as a probable criterion of the ordinary importations for some years to come, the revenue from customs, at the rates of duty payable after the 3d March next, may be estimated at eighteen millions annually. The public lands, bank dividends, and other incidental receipts, may be estimated at three millions-making an aggregate revenue of about twenty-one millions a year. In the last annual report on the state of the finances, the probable expenses for all objects other than the public debt, were estimated at fifteen millions. This is still believed to be a fair estimate; and, if so, there will be an annual surplus of six millions of dollars. "Still firmly convinced of the truth of the reasons then presented for a reduction of the revenue to the wants of the Government, I am again urged by a sense of duty to suggest that a further reduction of six millions of dollars be made, to take effect after the year 1833. Whether that shall consist altogether of a diminution of the duties on imports, or partly of a relinquishment of the public lands as a source of revenue, as then suggested, it will be for the wisdom of Con gress to determine. Without adverting, in unnecessary details, to the considerations in favor of lessening the existing duties, which I had the honor to present, as well in the last annual report, as in that called for by special resolutions of the House of Representatives, I deem it proper to observe, that in my own mind these considerations have lost none of their force, but have derived new weight from subsequent reflection. The purity and simplicity of the institutions under which it has pleased Providence to make us a great and prosperous nation; the few objects-and those of a general nature-to which the powers of the Federal Government can be appropriately applied; and the great diversity of interests, which, from their local and geographical position, prevail in the several States comprising the Union, imperiously require that the amount of the public expenditure should be regulated by a prudent economy, and that no greater amount of revenue should be collected from the people than may be necessary for such a scale of expenditure." The principle which this bill authorizes, varies not only from the practice uniformly adopted by many of the accounting officers in the case of inbut also from that pursued under the act of your dividual accounts, and in those of the States finally settled and closed previously to your last session, last session for the adjustment and settlement of This last the claims of the State of South Carolina. of interest, which, therefore, in conformity with the act prescribed no particular mode for the allowance directions of Congress in previous cases, and with account was settled, was computed on the sums exthe uniform practice of the Auditor by whom the pended by the State of South Carolina for the use and benefit of the United States, and which had been repaid to the State, and the payments made by the United States were deducted from the prin cipal sums, exclusive of the interest, thereby stopping future interest on so much of the principal as had been reimbursed by the payment. I deem it proper, moreover, to observe, that both under the act of the 5th of August, 1790, and that of the 12th of February, 1793, authorizing the settlement of the accounts between the United States and the individual States, arising out of the war of the Revolution, the interest on these accounts was computed in conformity with the practice already adverted to, and from which the bill now returned is a departure. With these reasons and considerations, I return the bill to the Senate. ANDREW JACKSON. The Message was laid on the table, and ordered to be printed. TUESDAY, December 11. French Spoliations. Mr. WILKINS, pursuant to notice, asked and obtained leave to introduce a bill to provide for the satisfaction of claims due to certain American citizens for spoliations committed by France on their commerce, prior to the 30th September, 1800. The bill was read twice, and on motion of Mr. WILKINS, ordered to be referred to a Select Committee of five members. Mr. WILKINS said that, previous to the balloting for the committee, he wished to remark that, as it was probable the usual courtesy of the Senate in appointing the mover to be on the committee, might be extended to him in this case, he wished it to be understood that he did not desire to be on the committee. He would rather that, in his room, some gentleman might be appointed who was more conversant with commercial business. He desired, however, that it might be understood that he had in no way changed his original opinions on the subject of these claims. The PRESIDENT replied that he believed it was the duty of the Chair to appoint the committee. WEDNESDAY, December 12. Public Lands. Mr. CLAY, agreeably to notice, asked and obtained leave to introduce a bill to appropriate, for a limited time, the proceeds of the sales of the public lands in the United States, and for granting lands to certain States. The bill having been read twice, and being before the Senate, as in Committee of the Whole, [JANUARY, 1833. THURSDAY, December 13. Mr. SMITH, instructed by the Committee on Resolved, That the Secretary of the Treasury be directed, with as little delay as may be, to furnish the Senate with the project of a bill for reducing the duties levied upon imports, in conformity with the suggestions made by him in his annual report. MONDAY, December 17. Mr. POINDEXTER offered the following resolution: directed to report to the Senate, with as little delay Resolved, That the Secretary of the Treasury be as practicable, a detailed statement of the articles of foreign growth or manufacture, on which, in his opinion, the present rate of duties ought to be reduced, specifying particularly the amount of reduction on each article separately, so as to produce the result of an aggregate reduction of the revenue six millions of dollars, on such manufactures as are classed under the general denomination of protect an enumeration of articles deemed to be "essential which therefore ought, in his opinion, to be exto our national independence in time of war," and empted from the operation of the proposed reduction of duties. On motion of Mr. POINDEXTER, the resolution was ordered to be printed. Mr. CLAY said that this bill had been before two committees of the Senate, and that it haded articles; and that he also append to such report been passed at the last session by a considerable majority. He thought, therefore, that there would be no necessity for its reference to any committee at this session. The bill was precisely the same as the one which had passed the Senate last year, with the exception of the necessary change in the time when the bill would take effect. If, however, it was the wish of any Senator that the bill should be referred he had no objection. He would prefer to have the bill made the order for some convenient but not very distant day, when it might be taken up and discussed. If agreeable to the Senate, he would say the fourth Monday in this month, or the first Monday in January. He did not see that it was necessary to send the bill to a committee, but if any gentleman wished that course to be taken, he repeated, he should not object to it. Mr. KANE said that it would be recollected that this subject had recently been referred to the Committee on Public Lands, by the reference to that committee of so much of the Pres ident's Message as relates to the public lands. An important proposition, indeed a new one, had come from the Executive on the subject of the public lands generally. That proposition was now before the committee; and he hoped that the gentleman from Kentucky would consent to a reference of his bill to the same committee. Mr. K. concluded by moving this ref erence. The motion was agreed to, and the bill was referred to the Committee on Public Lands. MONDAY, January 7, 1833. The Senate proceeded to the special order of the day, being Mr. CLAY's bill for appropriating the proceeds of the public lands for a limited term, &c. The question being on the amendment reported by the Committee on Public Lands, which substitutes a new bill, reducing the price of public lands, [Mr. KANE, of Illinois, spoke at length against the bill, and Mr. CLAY in its favor, when it was laid on the table for the present.] The Senate then adjourned. FRIDAY, January 11. Mr. MILLER presented certain resolutions of the Legislature of South Carolina, in reply to the proclamation of the President, viz: Resolved, That the power vested by the constitution and laws in the President of the United States JANUARY, 1833.] Proceedings in relation to South Carolina. to issue his proclamation, does not authorize him in that mode to interfere, whenever he may think fit, in the affairs of the respective States, or that he should use it as a means of promulgating Executive exposition of the constitution, with the sanction of force; thus superseding the action of the other departments of the General Government. Resolved, That it is not competent to the President of the United States to order, by proclamation, the constituted authorities of a State to repeal their legislation; and that the late attempt of the President to do so is unconstitutional, and manifests a disposition to arrogate and exercise a power utterly destructive of liberty. Resolved, That the opinions of the President in regard to the rights of the States are erroneous and dangerous, leading not only to the establishment of a consolidated Government in the stead of our free confederacy, but the concentration of all power in the chief Executive. Resolved, That each State of this Union has the right, whenever it may deem such course necessary for the preservation of its liberty, or vital interest, to secede peaceably from the Union; and that there is no constitutional power in the General Government, much less in the Executive Department of that Government, to retain by force such State in the Union. Resolved, That the primary and paramount allegiance of the citizens of this State, native or adopted, is of right due to this State. Resolved, That the declaration of the President of the United States, in his said proclamation, of his personal feelings and retaliations towards the State of South Carolina, is rather an appeal to the loyalty of subjects than to the patriotism of citizens; and is a blending of official and individual character heretofore unknown in our State papers, and revolting to our conceptions of political propriety. Resolved, That the undisguised indulgence of personal hostility in the said proclamation would be unworthy the animadversions of this Legislature, but for the solemn and official form of the instrument which is made its vehicle. Resolved, That the principal doctrines and purposes contained in the said proclamation are inconsistent with any just idea of a limited Government, and subversive of the rights of the States and the liberties of the people; and, if submitted to in silence, would lay a broad foundation for the establishment of monarchy. Resolved, That while this Legislature has witnessed with sorrow such a relaxation of the spirit of our institutions, that a President of the United States dares venture upon this high-handed measure, it regards with indignation the menaces which are directed against it, and the concentration of a standing army on our borders; that the State will repel force by force, and, relying on the blessing of God, will maintain its liberty at all hazards. Resolved, That copies of these resolutions be sent to our members of Congress, to be laid before that body. SATURDAY, January 12. Public Lands. [SENATE. Mr. WEBSTER moved that the Senate proceed to the consideration of the bill to indemnify certain citizens of the United States for spoliations committed on their commerce by the French prior to 1800, which was agreed to. Committee of the Whole, Mr. WEBSTER, in a speech of about two hours, developed the principles of the bill, and the grounds on which it was reported by the committee, and on which he should advocate its passage. Mr. TYLER explained the difficulty he felt in bringing his mind to embrace this important subject, after so long an interval had transpired since he had looked into the subject; and moved to lay the bill on the table. Mr. WEBSTER acquiesced in the motion, which was carried. Proclamation against South Carolina Ordi nance. Mr. CALHOUN laid on the table the following resolution: Resolved, That the President be requested to lay before the Senate a copy of his proclamation of the 10th of December last; and also the authenticated copies of the ordinance of the people of the State of South Carolina, with the documents accompanying the same; and of the proclamation of the Gov ernor of the State of South Carolina of the 20th of December last, which was transmitted to him by the Executive of that State, with the request that he should lay them before Congress. A Message was received from the President of the United States, transmitting copies of the proclamation and other documents relating to South Carolina, her ordinance, &c. The Message and Proclamation were read. The resolutions were read and laid on the The Message was as follows: table, and ordered to be printed. Gentlemen of the Senate and House of Representatives of the United States: In my annual Message, at the commencement of your present session, I adverted to the opposition |