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contributed chiefly to its own wealth and prosperity. The state of the national finances had received no material change during the preceding year; but continued in the same prosperous condition as represented by Mr. Monroe, the last year of his administration. The revenue for 1824, had exceeded the anticipations of the treasury department; and the receipts amounted to nearly twenty-two millions, independently of the sums authorized to be taken as loans.* The expenditures for the same year, exceeded that amount by nearly two millions; but there were about two millions in the treasury, at the beginning of the year; eight millions of the above sum total had been applied to pay the public debt; and more than a million and a half had been "devoted to pay the debt of gratitude to the warriors of the Revolution." The expenditures for the year included several large sums, which could not be justly considered as making part of the ordinary support of government. Four millions had been applied to pay the interest on the public debt: half a million for the increase of the navy; more than a million for fortifications and the purchase of ordnance; half a million for Indian annuities and purchase of their lands; and somewhat over a million for internal improvements and surveys, authorized by particular acts of Congress-leaving only seven millions expended for the more immediate support of the government, in its legislative, executive, and judicial departments.

The receipts from the sale of public lands, which had been sold some time before, amounted to nearly two millions; and the President expressed the opinion, that the sums received from this source in future years, would increase. He recommended forbearance, on the part of the government, towards those who had previously purchased in small lots, for actual settlement.

The President was authorized by acts of Congress, passed at a former session, to form treaties of friendship and trade with the Indian tribes west of the Mississippi; and also with several tribes far to the north, viz: the Sioux, Chippewas, Sacs, Foxes, and Menomenees: which he now notified Congress had been concluded; and that large additional tracts of land had been purchased of them. He had been also authorized to enter into a treaty with the

The exports for 1825 amounted to upwards of ninety-two millions; and sixty-six millions were of domestic productions; a part of which were manufactures, but far the greater portion products of the soil. The imports for the same year somewhat exceeded ninety-one millions. The exports were of greater amount, than in any former year.

Creeks and other tribes in the vicinity; and to survey and make a road from the frontier of Missouri to new Mexico. But their consent had not then been procured.

The President referred to the memorable treaty made with some chiefs and individuals of the Creek nation or tribes, at the Indian Springs, in February, 1825; and its subsequent ratification by the Senate in March; "under the unsuspecting impression that it had been negotiated in good faith." A portion of the tribe remonstrated against the treaty, and declared they were not consulted as to the terms on which it was concluded.

A great excitement was produced among them on this account; and was a source of much perplexity to the general government. The majority of the tribe was opposed to the treaty; but the State of Georgia, which wished to have the Indians removed, and to have possession and jurisdiction of their territory, insisted on the fulfilment of the terms, which were highly beneficial to that State, and matter of just complaint with the tribe.

They complained particularly of severe and oppressive treatment from the government of the State of Georgia; and of having been deceived by the agents employed to form a treaty with them the year preceding. It was alleged, that those of their tribe who assented to the treaty of February, 1825, were but a small part of the nation; and that a large majority were opposed to it. That treaty had been ratified by the executive soon after, (March, 1825,) in the belief, that it was made in good faith, and was agreeable to the greater part of the tribe. A delegation from the tribe proceeded to Washington, early in the year 1826, to make a just statement; to have the treaty of 1825 annulled; and to conclude one on such terms as would be agreeable to the wishes of the nation.

There had long been a dispute between these people and the State government of Georgia, which claimed the territory where they resided. The claims of that State were considered very extravagant, as they extended over the whole territory west of the Mississippi river. That State was the last to cede to the United States a wild but extensive territory, occupied by Indian tribes, for the benefit of the whole nation. The territories ceded by the several States, were indeed but a relinquishment of their respective claims; and Congress had only the pre-emptive right, by virtue of such cessions.

In 1802, a contract was made by the federal government with Georgia'; by which that State ceded land to the United

States, or to the State of Mississippi, which was then only a territorial government; and the residue claimed by Georgia, Congress engaged to guaranty to that State, to extinguish the Indian claim; and to have them removed as soon as it could be done peaceably and on reasonable terms."

*

The federal government, which had been invariably desirous of observing good faith with the Indian tribes, and had treated them with much lenity and kindness, was fully disposed to do justice to the Creeks in their dispute with Georgia, which had now become impatient, that the Indians were not removed, and its occupancy and jurisdiction of the territory confirmed. Georgia strongly urged on the government of the United States the fulfilment of its former promise to be put in possession; and as the tribe remained, insisted on exercising jurisdiction over them; and set up a claim also to have the boundary line between that State and Mississippi farther west than had before been fixed. Hence much difficulty was given to the administration, which was equally desirous to satisfy Georgia, and to do justice to the Creeks. The governor of Georgia insisted on the removal of the tribe, and threatened to take possession by force of the territory, which the State claimed, and then occupied by the Indians. It was in contemplation of the executive to resort to force, to prevent these proceedings on the part of Georgia. At one period, there appeared imminent danger of a collision. But a new treaty was concluded, at Washington, by the federal government with the chiefs of the Creek tribe, in March, 1826; and the military was not called out, as was apprehended at one time would be done. The last treaty or contract with the Creek tribe was confirmed in the Senate by a vote of thirty to seven. The treaty stipulated for the payment of a large sum to the tribe, and to guaranty the lands, not expressly ceded by them. The difficulty was thus adjusted for some time; but disputes arose soon after, with that and other tribes in the vicinity respecting their removal.

The conduct of individuals or even of its own agents, the government could not always control, nor wholly prevent their wrong doings in all in

stances,

When the House of Representative passed the bill making appropriations to carry into effect the treaty made with the Creeks in 1826, the members from Georgia opposed it, and entered their protest against it in form; stating, that in their opinion it was unconstitutional, that the former treaty of March, 1825, was the law of the land; that the treaty last concluded was injurious to their State, and ought not to have been confirmed, but with the approbation of Georgia.

By this treaty, it was agreed to furnish various articles to such of the tribes

In April, 1825, an act was passed for surveys, under the direction of the President, for the purpose of internal improvements, to be confined, however, to works of a national character: and Congress was informed in the annual message at this time, that the Board of Engineers had been employed a great part of the year 1825. They had completed the surveys necessary to ascertain the practicability of a canal from the Chesapeake bay, to the river Ohio; and had also made progress in surveys for a national road from the seat of the federal government to New Orleans; and for uniting the waters of the lake Memphremagog with the Connecticut river.

Surveys for other works of national importance had then been partially made: as the continuation of the Cumberland road farther west; a road from Missouri to Mexico; and roads in the territories of Florida, Arkansas, and Michigan. The latter, being under the immediate and sole government of the United States, was believed to justify these expenditures for the construction of public roads. The members of Congress, who opposed appropriations for internal improvements, generally approved of the surveys and works mentioned above.

After referring to the progress made in surveys for national roads and canals, the President expressed an opinion in favor of internal improvements in a more enlarged and extended manner. He spoke of the acts of European governments, designed for the general advancement of science, and of works of public benefit, in a national view, as they added to the strength, prosperity, or ornament of the respective countries. And he intimated, that the general grants of power to the federal government in the Constitution would authorize the appropriation of the public funds to various works of national importance and convenience. His predecessor had expressed doubts of the constitutional power of Congress for such objects, except in cases of manifest public necessity and general interest. "The great object of the institution of civil government"—said Mr. Adams, when alluding to this subject-"is the improvement of the condition of those who are parties to the social compact and no government, in whatever form consti

as would, within two years, remove to the west of Mississippi, their expenses of removal, and also a support for one year after their settlement. A part of the Creeks then expressed a disposition to remove: and commissioners were to be appointed by the United States to join with the chiefs of the tribe, to survey and locate a tract for them; which was to be without the bounds of any State or territory, and to be permanently and inviolably secured to them.

tuted, can accomplish the lawful ends of its institution, but in proportion as it improves the condition of those over whom it is established. Roads and canals, by multiplying and facilitating the communications and intercourse between distant regions, and multitudes of men, are among the most important means of improvement. But moral, political, intellectual improvement, are duties assigned by the Author of our existence, to social no less than to individual man. For the fulfilment of those duties, governments are invested with power; and to the attainment of the end, the progressive improvement of the condition of the governed, the exercise of delegated power is a duty as sacred and indispensable as the usurpation of power, not granted, is criminal and odious. Among the first, perhaps the very first instrument, for the improvement of the condition of men, is knowledge; and to the acquisition of much of the knowledge, adapted to the wants, the comforts, and the enjoyments of human life, public institutions and seminaries of learning are essential."

These were very correct and important sentiments. But the question arose, whether the federal government was instituted for such purposes; or had authority from the Constitution to expend the public funds for these various objects. The State legislatures, if true to their constituents, would not fail to provide for such benefits and improvements. But the general government was not instituted with a view to these objects. It is one of limited or specific powers. And many, probably the majority of Congress and of the people, believed the federal legislature was not vested with authority to construct works of internal improvements, unless of a national character, and such as a State was not competent to accomplish. If the general grants of power were construed in an unrestricted sense, there would be no limits to the legislation of Congress, even in the most minute and local respects. In another part of this message, the President said "The Constitution, under which we are assembled, is a charter of limited power."

The naval force of the Union-the message stated-had been employed during the year in the Mediterranean, the West Indies, and the coast of South America: one public ship had been occasionally cruising on the coast of Africa, and one on the coast of Labrador and the fishing grounds of Hudson's bay. The importance of a naval force, for the protection of the extensive and increasing commerce of the United States, was urged on the consideration of Congress, with great emphasis. The President said "it was the

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