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which party the several islands in the Bay of Passamaquoddy belonged, under the treaty of one thousand seven hundred and eighty-three, have agreed in a report, by which all the islands in the possession of each party before the late war have been decreed to it. The Commissioners, acting under the other articles of the Treaty of Ghent, for the settlement of boundaries, have also been engaged in the discharge of their respective duties, but have not yet completed them. The difference which arose between the two Governments under that treaty, respecting the right of the United States to take and cure fish on the coast of the British provinces, north of our limits, which had been secured by the treaty of one thousand seven hundred and eighty-three, is still in negotiation. The proposition made by this Government, to extend to the colonies of Great Britain the principles of the convention of London, by which the commerce between the ports of the United States and British ports in Europe, had been placed on a footing of equality, has been declined by the British Government. This subject having been thus amicably discussed between the two Governments, and it appearing that the British Government is unwilling to depart from its present regulations, it remains for Congress to decide, whether they will make any other regulations, in consequence thereof, for the protection and improvement of our navigation.

SENATE.

proper now to state, that this Government neither seeks nor would accept from them, any advantage in commerce, or otherwise, which will not be equally open to all other nations. The colonies will, in that event, become independent States, free from any obligation to, or connexion with, us, which it may not then be their interest to form on the basis of a fair reciprocity.

In the Summer of the present year, an expedition was set on foot against East Florida, by persons claiming to act under the authority of some of the colonies, who took possess ion of Amelia Island, at the mouth of the St. Mary's river, near the boundary of the State of Georgia. As this province lies eastward of the Mississippi, and is bounded by the United States and the ocean on every side, and has been a subject of negotiation with the Government of Spain, as an indemnity for losses by spoliation, or in exchange for territory of equal value, westward of the Mississippi, a fact well known to the world, it excited surprise, that any countenance should be given to this measure by any of the colonies. As it would be difficult to reconcile it with the friendly relations existing between the United States and the colonies, a doubt was entertained, whether it had been authorized by them, or any of them. This doubt has gained strength, by the circumstances which have unfolded themselves in the proseThe negotiation with Spain, for spoliations on our cution of the enterprise, which have marked it as a commerce, and the settlement of boundaries, remains, mere private, unauthorized adventure. Projected and essentially, in the state it held, by the communications commenced with an incompetent force, reliance seems that were made to Congress by my predecessor. It to have been placed on what might be drawn, in defihas been evidently the policy of the Spanish Governance of our laws, from within our limits; and of late, ment to keep the negotiation suspended, and in this the United States have acquiesced, from an amicable disposition towards Spain, and in the expectation that her Government would, from a sense of justice, finally accede to such an arrangement as would be equal between the parties. A disposition has been lately shown by the Spanish Government to move in the negotiation, which has been met by this Government, and, should the conciliatory and friendly policy which has invariably guided our councils be reciprocated, a just and satisfactory arrangement may be expected. It is proper, however, to remark, that no proposition has yet been made from which such a result can be presumed.

as their resources have failed, it has assumed a more marked character of unfriendliness to us; the island being made a channel for the illicit introduction of slaves from Africa, into the United States, an asylum for fugitive slaves from the neighboring States, and a port for smuggling of every kind.

A similar establishment was made, at an earlier period, by persons of the same description, in the Gulf of Mexico, at a place called Galveston, within the limits of the United States, as we contend, under the cession of Louisiana. The enterprise has been marked, in a more signal manner, by all the objectionable circumstances which characterized the other, and more particularly by the equipment of privateers which have It was anticipated at an early stage, that the contest annoyed our commerce, and by smuggling. These between Spain and the colonies would become highly establishments, if ever sanctioned by any authority interesting to the United States. It was natural that whatever, which is not believed, have abused their our citizens should sympathize in events which affected trust, and forfeited all claim to consideration. A just their neighbors. It seemed probable, also, that the regard for the rights and interests of the United States prosecution of the conflict along our coast, and in con- required that they should be suppressed, and orders tiguous countries, would occasionally interrupt our com- have been accordingly issued to that effect. The immerce, and otherwise affect the persons and property perious considerations which produced this measure of our citizens. These anticipations have been real-will be explained to the parties whom it may, in any ized. Such injuries have been received from persons degree, concern. acting under the authority of both the parties, and for which redress has, in most instances, been withheld. Through every stage of the conflict, the United States have maintained an impartial neutrality, giving aid to neither of the parties in men, money, ships or munitions of war. They have regarded the contest, not in the light of an ordinary insurrection or rebellion, but as a civil war between parties nearly equal, having, as to neutral Powers, equal rights. Our ports have been open to both, and every article, the fruit of our soil, or of the industry of our citizens, which either was permitted to take, has been equally free to the other. Should the colonies establish their independence, it is

To obtain correct information on every subject in which the United States are interested; to inspire just sentiments in all persons in authority, on either side, of our friendly disposition, so far as it may comport with an impartial neutrality; and to secure proper respect to our commerce in every port, and from every flag, it has been thought proper to send a ship of war, with three distinguished citizens, along the southern coast, with instruction to touch at such ports as they may find most expedient for these the existing authorities, with those in the possession of, and exercising the sovereignty, must the communication be held; from them alone can redress for past

purposes.

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injuries, committed by persons acting under them, be obtained; by them alone can the commission of the like, in future, be prevented.

Our relations with the other Powers of Europe have experienced no essential change since the last session. In our intercourse with each, due attention continues to be paid to the protection of our commerce, and to every other object in which the United States are interested. A strong hope is entertained, that, by adhering to the maxims of a just, a candid, and friendly policy, we may long preserve amicable relations with all the Powers of Europe, on conditions advantageous and honorable to our country.

With the Barbary States, and the Indian tribes, our pacific relations have been preserved.

DECEMBER, 1817.

nineteen, beyond the permanent authorized expenditure, of more than four millions of dollars.

By the last returns to the Department of War, the militia force of the several States may be estimated at eight hundred thousand men, infantry, artillery, and cavalry. Great part of this force is armed, and meas ures are taken to arm the whole. An improvement in the organization and discipline of the militia, is one of the great objects which claims the unremitted attention of Congress.

The regular force amounts nearly to the number required by law, and is stationed along the Atlantic and inland frontiers.

Of the naval force it has been necessary to maintain strong squadrons in the Mediterranean and in the Gulf of Mexico.

In calling your attention to the internal concerns of our country, the view which they exhibit is peculiarly From several of the Indian tribes, inhabiting the gratifying. The payments which have been made country bordering on Lake Erie, purchases have been into the Treasury show the very productive state of made of lands, on conditions very favorable to the the public revenue. After satisfying the appropria- United States, and, as it is presumed, not less so to tions made by law for the support of the Civil Gov- the tribes themselves. By these purchases, the Indian ernment, and of the Military and Naval Establish- title, with moderate reservations, has been extinments, embracing suitable provisions for fortifications guished, to the whole of the land within the limits of and for the gradual increase of the Navy, paying the the State of Ohio, and to a part of that in the Michiinterest of the public debt, and extinguishing more gan Territory, and of the State of Indiana. From the than eighteen millions of the principal, within the Cherokee tribe a tract has been purchased in the State present year, it is estimated that a balance of more of Georgia, and an arrangement made, by which, in than six millions of dollars will remain in the Treasu- exchange for lands beyond the Mississippi, a great ry on the first day of January, applicable to the cur-part, if not the whole, of the land belonging to that rent service of the ensuing year. The payments into the Treasury during the year one thousand eight hundred and eighteen, on account of imposts and tonnage, resulting principally from duties which have accrued in the present year, may be fairly estimated at twenty millions of dollars; the internal revenues, at two millions five hundred thousand; the public lands, at one million five hundred thousand; bank dividends and incidental receipts, at five hundred thousand; making in the whole twenty-four millions five hundred thou

sand dollars.

tribe, eastward of that river, in the States of North Carolina, Georgia, and Tennessee, and in the Alabama Territory, will soon be acquired. By these acquisitions, and others that may reasonably be expected soon to follow, we shall be enabled to extend our settlements from the inhabited parts of the State of Ohio, along Lake Erie into the Michigan Territory, and to connect our settlements, by degrees, through the State of Indiana and the Illinois Territory, to that of Missouri. A similar and equally advantageous effect will soon be produced to the South, through the whole exThe annual permanent expenditure for the support tent of the States and Territory which border on the of the Civil Government, and of the Army and Navy, waters emptying into the Mississippi and the Mobile. as now established by law, amounts to eleven millions In this progress, which the rights of nature demand, eight hundred thousand dollars; and for the Sinking and nothing can prevent, marking a growth rapid and Fund, to ten millions; making in the whole twenty-gigantic, it is our duty to make new efforts for the preone millions eight hundred thousand dollars; leaving servation, improvement, and civilization of the native an annual excess of revenue beyond the expenditure inhabitants. The hunter state can exist only in the of two millions seven hundred thousand dollars, exclu- vast uncultivated desert. It yields to the more dense sive of the balance estimated to be in the Treasury on and compact form and greater force of civilized poputhe first day of January, one thousand eight hundred lation, and of right it ought to yield, for the earth was and eighteen. given to mankind to support the greatest number of which it is capable, and no tribe or people have a right to withhold from the wants of others more than is necessary for their own support and comfort. It is gratifying to know that the reservations of land made by the treaties with the tribes on Lake Erie, were made with a view to individual ownership among them, and to the cultivation of the soil by all, and that an annual stipend has been pledged to supply their other wants. It will merit the consideration of Congress, whether other provisions, not stipulated by treaty, ought to be made for these tribes, and for the advancement of the liberal and humane policy of the United States towards all the tribes within our limits, and more particularly for their improvement in the arts of civilized life.

In the present state of the Treasury, the whole of the Louisiana debt may be redeemed in the year one thousand eight hundred and nineteen; after which, if the public debt continues as it now is, above par, there will be annually about five millions of the Sinking Fund unexpended, until the year one thousand eight hundred and twenty-five, when the loan of one thousand eight hundred and twelve, and the stock created by funding Treasury notes, will be redeemable.

It is also estimated that the Mississippi stock will be discharged during the year one thousand eight hundred and nineteen, from the proceeds of the public lands assigned to that object, after which the receipts from those lands will annually add to the public revenue the sum of one million and a half, making the permanent annual revenue amount to twenty-six millions of dollars; and leaving an annual excess of revenue, after the year one thousand eight hundred and

Among the advantages incident to these purchases, and to those which have preceded, the security which may thereby be afforded to our inland frontiers is pe

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culiarly important. With a strong barrier, consisting of our own people thus planted on the Lakes, the Mississippi, and the Mobile, with the protection to be derived from the regular force, Indian hostilities, if they do not altogether cease, will henceforth lose their ter ror. Fortifications in those quarters, to any extent, will not be necessary, and the expense attending them may be saved. A people accustomed to the use of fire-arms only, as the Indian tribes are, will shun even moderate works, which are defended by cannon. Great fortifications will, therefore, be requisite only in future along the coast, and at some points in the interior, connected with it. On these will the safety of our towns and the commerce of our great rivers, from the Bay of Fundy to the Mississippi, depend. On these, therefore, should the utmost attention, skill, and labor be bestowed.

SENATE.

A considerable and rapid augmentation in the value
of all the public lands, proceeding from these and
other obvious causes, may henceforward be expected.
The difficulties attending early emigrations will be
dissipated even in the most remote parts. Several new
States have been admitted into our Union, to the West
and South, and territorial governments, happily organ-
ized, established over every other portion, in which
there is vacant land for sale. In terminating Indian
hostilities, as must soon be done, in a formidable shape
at least, the emigration, which has heretofore been
great, will probably increase, and the demand for land,
and the augmentation in its value, be in like propor-
tion. The great increase of our population throughout
the Union will alone produce an important effect, and
in no quarter will it be so sensibly felt as in those in
contemplation. The public lands are a public stock,
which ought to be disposed of to the best advantage
for the nation. The nation should, therefore, derive
the profit proceeding from the continual rise in their
value. Every encouragement should be given to the
emigrants, consistent with a fair competition between
them, but that competition should operate in the first
sale to the advantage of the nation rather than of in-
dividuals. Great capitalists will derive all the bene-
fit incident to their superior wealth, under any mode
of sale which may be adopted. But if, looking for-zens throughout the United States.
ward to the rise in the value of the public lands, they
should have the opportunity of amassing, at a low
price, vast bodies in their hands, the profit will accrue
to them, and not to the public. They would also have
the power, in that degree, to control the emigration
and settlement in such a manner as their opinion of
their respective interests might dictate. I submit this
subject to the consideration of Congress, that such fur-
ther provision may be made in the sale of the public
lands, with a view to the public interest, should any
be deemed expedient, as in their judgment may be
best adapted to the object.

brought it into view, for the purpose of communicating
my sentiments on a very important circumstance con-
nected with it, with that freedom and candor which a
regard for the public interest, and a proper respect for
Congress, require. A difference of opinion has existed
from the first formation of our Constitution, to the
present time, among our most enlightened and virtuous
citizens, respecting the right of Congress to establish
such a system of improvement. Taking into view the
trust with which I am now honored, it would be im-
proper, after what has passed, that this discussion
should be revived, with an uncertainty of my opinion
respecting the right. Disregarding early impressions,
I have bestowed on the subject all the deliberation
which its great importance, and a just sense of my
duty required, and the result is, a settled conviction in
my mind, that Congress do not possess the right. It
is not contained in any of the specified powers granted
to Congress; nor can I consider it incidental to, or a
necessary mean, viewed on the most liberal scale, for
carrying into effect any of the powers which are spe-
cifically granted. In communicating this result, I can-
not resist the obligation which I feel, to suggest to
Congress the propriety of recommending to the States
the adoption of an amendment to the Constitution,
which shall give to Congress the right in question. In
cases of doubtful construction, especially of such vital
interest, it comports with the nature and origin of our
institutions, and will contribute much to preserve them,
to apply to our constituents for an explicit grant of the
power.
We may confidently rely, that if it appears
to their satisfaction, that the power is necessary, it
will always be granted. In this case I am happy to
observe, that experience has afforded the most ample
proof of its utility, and that the benign spirit of con-
ciliation and harmony, which now manifests itself
throughout our Union, promises to such a recommen-
dation the most prompt and favorable result. I think
proper to suggest, also, in case this measure is adopted,
that it be recommended to the States to include, in
the amendment sought, a right in Congress to institute,
likewise, seminaries of learning for the all-important
purpose of diffusing knowledge among our fellow citi-

When we consider the vast extent of territory within the United States; the great amount and value of its productions; the connexion of its parts, and other circumstances, on which their prosperity and happiness depend, we cannot fail to entertain a high sense of the advantage to be derived from the facility which may be afforded in the intercourse between them, by means of good roads and canals. Never did a country of such vast extent offer equal inducements to improvements of this kind, nor ever were consequences of such magnitude involved in them. As this subject was acted on by Congress at the last session, and there may be a disposition to revive it at the present, I have

Our manufactories will require the continued attention of Congress. The capital employed in them is considerable, and the knowledge acquired in the machinery and fabric of all the most useful manufactures, is of great value. Their preservation, which depends on due encouragement, is connected with the high interests of the nation.

Although the progress of the public buildings has been as favorable as circumstances have permitted, it is to be regretted that the Capitol is not yet in a state to receive you. There is good cause to presume, that the two wings, the only parts as yet commenced, will be prepared for that purpose at the next session. The time seems now to have arrived, when this subject may be deemed worthy the attention of Congress, on a scale adequate to national purposes. The completion of the middle building will be necessary to the convenient accommodation of Congress, of the committees, and various offices belonging to it. It is evident that the other public buildings are altogether insufficient for the accommodation of the several Executive Departments, some of whom are much crowded, and even subjected to the necessity of obtaining it in private buildings, at some distance from the head of the department, and with inconvenience to the man

SENATE.

Proceedings.

agement of the public business. Most nations have taken an interest and a pride in the improvement and ornament of their Metropolis, and none were more conspicuous in that respect than the ancient Republics. The policy which dictated the establishment of a permanent residence for the National Government, and the spirit in which it was commenced and has been prosecuted, show that such improvement was thought worthy the attention of this nation. Its central position, between the Northern and Southern extremes of our Union, and its approach to the West, at the head of a great navigable river, which interlocks with the Western waters, prove the wisdom of the councils which established it. Nothing appears to be more reasonable and proper, than that convenient accommodation should be provided, on a well-digested plan, for the Heads of the several Departments, and of the Attorney General; and it is believed that the public ground in the city applied to those objects will be found amply sufficient. I submit this subject to the consideration of Congress, that such further provision may be made in it, as to them may seem proper.

In contemplating the happy situation of the United States, our attention is drawn, with peculiar interest, to the surviving officers and soldiers of our Revolu

tionary Army, who so eminently contributed, by their services, to lay its foundation. Most of those very meritorious citizens have paid the debt of nature and gone to repose. It is believed, that among the survivors, there are some not provided for by existing laws, who are reduced to indigence, and even to real distress. These men have a claim on the gratitude of their country, and it will do honor to their country, to provide for them. The lapse of a few years more, and the opportunity will be forever lost; indeed, so long already has been the interval, that the number to be benefitted by any provision which may be made, will

not be great.

DECEMBER, 1817.

WEDNESDAY, December 3.

ROBERT H. GOLDSBOROUGH, from the State of Maryland, arrived on the 2d instant, and attended this day.

the subject was referred, reported a resolution for Mr. BARBOUR, from the committee to whom the admission of the State of Mississippi into the Union; and the resolution was read twice by unanimous consent, and considered as in Committee of the Whole; and no amendment having been proposed thereto, the PRESIDENT reported it to the House.

On the question, "Shall this resolution be engrossed and read a third time?" it was determined in the affirmative.

The said resolution having been reported by the committee correctly engrossed, it was read a third time by unanimous consent.

Resolved, That this resolution pass, and that the title thereof be, a "Resolution for the admission of the State of Mississippi into the Union."

The PRESIDENT communicated a letter from

John Gardiner, Chief Clerk in the General Land Office, presenting to the Senate two copies of a map of the bounty lands in the Illinois Territory, engraved for the use of the soldiers of the late army; and the letter was read.

THURSDAY, December 4.

GEORGE W. CAMPBELL, from the State of Tennessee, arrived the 3d, and attended this day.

The PRESIDENT communicated a letter from David Holmes, Governor of the State of Mississippi, with a copy of the constitution, as adopted for the government of that State; which were read.

Mr. DAGGETT gave notice, that, to-morrow, he should ask leave to bring in a resolution authori zing the distribution of certain public documents. Mr. TAIT submitted the following motion for consideration:

next pro

Resolved, That the Senate will on ceed to the appointment of the Standing Committees of this House.

FRIDAY, December 5.

It appearing in a satisfactory manner that the revenue arising from imposts and tonnage, and from the sale of the public lands, will be fully adequate to the support of the Civil Government, of the present Military and Naval Establishment, including the annual augmentation of the latter to the extent provided for, to the payment of the interest of the public debt, and to the extinguishment of it at the times authorized, without the aid of the internal taxes, I consider it my duty to recommend to Congress their repeal. To impose taxes, when the public exigencies require them, is an obligation of the most sacred character, especially with a free people. The faithful fulfilment of it is among the highest proofs of their virtue, and capacity for selfOUTERBRIDGE HORSEY, from the State of Delgovernment. To dispense with taxes, when it may be done with perfect safety, is equally the duty of their aware, arrived the 4th, and attended this day. representatives. In this instance we have the satisAgreeably to notice, Mr. DAGGETT asked and faction to know that they were imposed when the de- obtained leave to bring in a resolution authori mand was imperious, and have been sustained with zing the distribution of certain public documents; exemplary fidelity. I have to add, that, however grati-and the resolution was read, and passed to the fying it may be to me, regarding the prosperous and second reading. happy condition of our country, to recommend the repeal of these taxes at this time, I shall nevertheless be attentive to events, and, should any future emergency occur, be not less prompt to suggest such measures and burdens as may then be requisite and proper.

JAMES MONROE. The Message was read, and two thousand copies thereof ordered to be printed for the use of the Senate.

The Senate then adjourned.

The Senate resumed the consideration of the motion of the 4th instant, for the appointment of the Standing Committees of this House, and, the blank having been filled with "Tuesday," agreed thereto.

A message from the House of Representatives informed the Senate that they concur in the resolution of the Senate, for the appointment of a joint committee on the arrangements for the Library, and have appointed a committee on their

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part. They also concur in the resolution of the Senate, for the appointment of Chaplains.

On motion, by Mr. WILSON, Resolved, That the Senate will, at 12 o'clock, on Monday next, proceed to the election of a Chaplain on their part.

The Senate adjourned to 11 o'clock on Monday morning.

MONDAY, December 8.

MONTFORT STOKES, from the State of North Carolina, arrived on the 5th instant, and attended this day.

The PRESIDENT communicated the credentials of JOHN W. EPPES, appointed a Senator by the Legislature of the State of Virginia, for the term of six years, commencing on the 4th day of March last; which were read, and laid on file.

The PRESIDENT also communicated a report of the Secretary of the Treasury, comprehending the statements relating to the internal duties and direct tax, required by the 33d section of the act of Congress, of the 22d July, 1813; also, a report prepared in obedience to the act, entitled "An act to establish the Treasury Department;" which were read.

The resolution authorizing the distribution of certain public documents, was read the second time, and referred to a select committee; and Mr. DAGGETT, Mr. ROBERTS, and Mr. BARBOUR, were appointed the committee.

Mr. SANFORD Submitted the following motion

for consideration:

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TUESDAY, December 9.

The Senate resumed the consideration of the motion of the 8th instant, for instructing the Committee of Finance to make inquiry in relation to the collection of ad valorem duties on importations; and the further consideration thereof was postponed until Tuesday next.

INTERNAL IMPROVEMENT.

Mr. BARBOUR, of Virginia, in pursuance of notice yesterday given, introduced the following resolution for an amendment to the Constitution of the United States, in relation to internal improvements:

Resolved, &c., That the following amendment to the Constitution of the United States be proposed to the Legislatures of the several States, which, when ratified by the Legislatures of three-fourths of the States, shall be valid to all intents and purposes, as a part of the

SENATE.

said Constitution: "Congress shall have power to pass laws appropriating money for constructing roads and canals, and improving the navigation of water-courses: Provided, however, That no road or canal, shall be conducted in any State, nor the navigation of its waters improved, without the consent of such State: And provided also, That whenever Congress shall appropriate money to these objects, the amount thereof shall be distributed among the several States, in the ratio of representation which each State shall have in the most numerous branch of the National Legislature. But the portion of any State, with its own consent, may be applied to the purpose aforesaid, in any other State."

In submitting to the Senate this proposition to amend the Constitution, in respect to the power to establish roads and canals

Mr. BARBOUR said he felt it due to himself to say, that his opinion had not changed since the last session. He thought now, as he did then, that Congress had the authority already which it was intended to give them by this amendment. He had, in a discussion of some length, which took place during the last session, assigned his reasons for that opinion; their repetition at this time would be impertinent. The fate of the bill which had for its object the appropriation of the bonus of the bank to internal improvements is known to the Senate. The present Chief Magistrate had, he thought, very frankly and properly, disclosed his opinion, and decided it unconstitutional. The impracticability of passing it, with this impediment, through Congress, he presumed, must be palpable. Indeed, he did not know that it was desirable that it should be. It is better, perhaps, in all cases of doubt, to recur to the people-the original and only legitimate fountain of power. For if it were clear that Congress had the power, and it were believed the exercise thereof would be in opposition to the public sentiment, he presumed Congress would forbear to resort to it. The Government being founded on the sovereignty of the public will, it must, it ought to govern. If, on the contrary, the people of the United States wished the measure of internal improvement to be carried into effect, there is no cause to apprehend that the State Legislatures, bringing with them into their councils that will, and the sentiments of their constituents, will withhold the grant of power intended by the proposed amendment. Under ceed with a certainty that they not only have the the guaranty thus acquired, Congress may propower, but that it is the wish of their constituents it should be exercised. But if the people should think we have not the power, however they might approve the expediency of the measure, in itself, yet being, in their opinion, out of the limits of our Constitutional power, they, as watchful guardians of the Constitution, could not fail to condemn us. What is the public opinion on this point is difficult to decide, except that we are warranted in saying, if we take the votes of the last Congress as a fair representation, they are nearly equally divided. What course then is better or more conformable to the true spirit of free principles, than to go back to

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