A Compilation of the Messages and Papers of the Presidents - James D. Richardson
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In our whole system, national and State, we have shunned all the defects
which unceasingly preyed on the vitals and destroyed the ancient
Republics. In them there were distinct orders, a nobility and a people,
or the people governed in one assembly. Thus, in the one instance
there was a perpetual conflict between the orders in society for the
ascendency, in which the victory of either terminated in the overthrow
of the government and the ruin of the state; in the other, in which
the people governed in a body, and whose dominions seldom exceeded the
dimensions of a county in one of our States, a tumultuous and disorderly
movement permitted only a transitory existence. In this great nation
there is but one order, that of the people, whose power, by a peculiarly
happy improvement of the representative principle, is transferred from
them, without impairing in the slightest degree their sovereignty, to
bodies of their own creation, and to persons elected by themselves, in
the full extent necessary for all the purposes of free, enlightened,
and efficient government. The whole system is elective, the complete
sovereignty being in the people, and every officer in every department
deriving his authority from and being responsible to them for his
conduct.
Our career has corresponded with this great outline. Perfection in our
organization could not have been expected in the outset either in the
National or State Governments or in tracing the line between their
respective powers. But no serious conflict has arisen, nor any contest
but such as are managed by argument and by a fair appeal to the good
sense of the people, and many of the defects which experience had
clearly demonstrated in both Governments have been remedied. By steadily
pursuing this course in this spirit there is every reason to believe
that our system will soon attain the highest degree of perfection of
which human institutions are capable, and that the movement in all its
branches will exhibit such a degree of order and harmony as to command
the admiration and respect of the civilized world.
Our physical attainments have not been less eminent. Twenty-five years
ago the river Mississippi was shut up and our Western brethren had no
outlet for their commerce. What has been the progress since that time?
The river has not only become the property of the United States from its
source to the ocean, with all its tributary streams (with the exception
of the upper part of the Red River only), but Louisiana, with a fair and
liberal boundary on the western side and the Floridas on the eastern,
have been ceded to us. The United States now enjoy the complete and
uninterrupted sovereignty over the whole territory from St. Croix to the
Sabine. New States, settled from among ourselves in this and in other
parts, have been admitted into our Union in equal participation in
the national sovereignty with the original States. Our population has
augmented in an astonishing degree and extended in every direction.
We now, fellow-citizens, comprise within our limits the dimensions
and faculties of a great power under a Government possessing all the
energies of any government ever known to the Old World, with an utter
incapacity to oppress the people.
Entering with these views the office which I have just solemnly sworn to
execute with fidelity and to the utmost of my ability, I derive great
satisfaction from a knowledge that I shall be assisted in the several
Departments by the very enlightened and upright citizens from whom I
have received so much aid in the preceding term. With full confidence
in the continuance of that candor and generous indulgence from my
fellow-citizens at large which I have heretofore experienced, and with
a firm reliance on the protection of Almighty God, I shall forthwith
commence the duties of the high trust to which you have called me.
MARCH 5, 1821.
PROCLAMATIONS.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas information has been received that an atrocious murder,
aggravated by the additional crime of robbery, was, on the 6th or 7th
day of this present month, committed in the county of Alexandria and
District of Columbia on William Seaver, late of this city; and
Whereas the apprehension and punishment of the murderer or murderers and
his or their accessary or accessaries will be an example due to justice
and humanity and every way salutary in its operation:
I have therefore thought fit to issue this my proclamation, hereby
exhorting the citizens of the United States, and particularly those of
this District, and requiring all officers, according to their respective
stations, to use their utmost endeavors to apprehend and bring the
principal or principals, accessary or accessaries, to the said murder
to justice.
And I do moreover offer a reward of $300 for each principal, if there be
more than one, and $150 for each accessary before the fact, if there be
more than one, who shall be apprehended after the day of the date hereof
and brought to justice, to be paid upon his conviction of the crime or
crimes aforesaid.
In testimony whereof I have caused the seal of the United States to be
affixed to these presents, and signed the same with my hand.
[SEAL.]
Done at the city of Washington, this 10th day of July, A.D. 1821, and of
the Independence of the United States the forty-sixth.
JAMES MONROE.
By the President:
JOHN QUINCY ADAMS,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES.
A PROCLAMATION.
Whereas the Congress of the United States, by a joint resolution of the
2d day of March last, entitled "Resolution providing for the admission
of the State of Missouri into the Union on a certain condition," did
determine and declare "that Missouri should be admitted into this
Union on an equal footing with the original States in all respects
whatever upon the fundamental condition that the fourth clause of the
twenty-sixth section of the third article of the constitution submitted
on the part of said State to Congress shall never be construed to
authorize the passage of any law, and that no law shall be passed in
conformity thereto, by which any citizen of either of the States of this
Union shall be excluded from the enjoyment of any of the privileges and
immunities to which such citizen is entitled under the Constitution of
the United States: _Provided_, That the legislature of said State, by
a solemn public act, shall declare the assent of the said State to the
said fundamental condition, and shall transmit to the President of
the United States on or before the first Monday in November next an
authentic copy of said act, upon the receipt whereof the President,
by proclamation, shall announce the fact, whereupon, and without any
further proceeding on the part of Congress, the admission of the said
State into this Union shall be considered as complete;" and
Whereas by a solemn public act of the assembly of said State of
Missouri, passed on the 26th of June, in the present year, entitled "A
solemn public act declaring the assent of this State to the fundamental
condition contained in a resolution passed by the Congress of the United
States providing for the admission of the State of Missouri into the
Union on a certain condition," an authentic copy whereof has been
communicated to me, it is solemnly and publicly enacted and declared
that that State has assented, and does assent, that the fourth clause
of the twenty-sixth section of the third article of the constitution of
said State "shall never be construed to authorize the passage of any
law, and that no law shall be passed in conformity thereto, by which
any citizen of either of the United States shall be excluded from the
enjoyment of any of the privileges and immunities to which such citizens
are entitled under the Constitution of the United States:"
Now, therefore, I, James Monroe, President of the United States, in
pursuance of the resolution of Congress aforesaid, have issued this my
proclamation, announcing the fact that the said State of Missouri has
assented to the fundamental condition required by the resolution of
Congress aforesaid, whereupon the admission of the said State of
Missouri into this Union is declared to be complete.
In testimony whereof I have caused the seal of the United States of
America to be affixed to these presents, and signed the same with my
hand.
[SEAL.]
Done at the city of Washington, the 10th day of August, A.D. 1821, and
of the Independence of the said United States of America the
forty-sixth.
JAMES MONROE.
By the President:
JOHN QUINCY ADAMS,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of the Congress of the United States of the 3d of
March, 1815, so much of the several acts imposing duties on the ships
and vessels and on goods, wares, and merchandise imported into the
United States as imposed a discriminating duty of tonnage between
foreign vessels and vessels of the United States and between goods
imported into the United States in foreign vessels and vessels of the
United States were repealed so far as the same respected the produce or
manufacture of the nation to which such foreign ship or vessel might
belong, such repeal to take effect in favor of any foreign nation
whenever the President of the United States should be satisfied that
the discriminating or countervailing duties of such foreign nation so
far as they operate to the disadvantage of the United States have been
abolished; and
Whereas satisfactory proof has been received by me, through the charge
d'affaires of the United States in Sweden, under date of the 30th day of
January, 1821, that thenceforward all discriminating or countervailing
duties in the Kingdom of Norway so far as they operated to the
disadvantage of the United States had been and were abolished:
Now, therefore, I, James Monroe, President of the United States of
America, do hereby declare and proclaim that so much of the several
acts imposing duties on the tonnage of ships and vessels and on goods,
wares, and merchandise imported into the United States as imposed a
discriminating duty of tonnage between vessels of the Kingdom of Norway
and vessels of the United States and between goods imported into the
United States in vessels of the said Kingdom of Norway and vessels of
the United States are repealed so far as the same respect the produce
or manufacture of the said Kingdom of Norway.
Given under my hand, at the city of Washington, this 20th day of August,
A.D. 1821, and the forty-sixth year of the Independence of the United
States.
JAMES MONROE.
By the President:
JOHN QUINCY ADAMS,
_Secretary of State_.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A PROCLAMATION.
Whereas by an act of the Congress of the United States of the 3d of
March, 1815, so much of the several acts imposing duties on the ships
and vessels and on goods, wares, and merchandise imported into the
United States as imposed a discriminating duty of tonnage between
foreign vessels and vessels of the United States and between goods
imported into the United States in foreign vessels and vessels of the
United States were repealed so far as the same respected the produce or
manufacture of the nation to which such foreign ship or vessel might
belong, such repeal to take effect in favor of any foreign nation
whenever the President of the United States should be satisfied that
the discriminating or countervailing duties of such foreign nation so
far as they operate to the disadvantage of the United States have been
abolished; and
Whereas satisfactory proof has been received by me, under date of
the 11th of May last, that thenceforward all discriminating or
countervailing duties of the Dukedom of Oldenburg so far as they might
operate to the disadvantage of the United States should be and were
abolished upon His Highness the Duke of Oldenburg's being duly certified
of a reciprocal act on the part of the United States:
Now, therefore, I, James Monroe, President of the United States of
America, do hereby declare and proclaim that so much of the several
acts imposing duties on the tonnage of ships and vessels and on goods,
wares, and merchandise imported into the United States as imposed
a discriminating duty of tonnage between vessels of the Dukedom of
Oldenburg and vessels of the United States and between goods imported
into the United States in vessels of the said Dukedom of Oldenburg and
vessels of the United States are repealed so far as the same respect
the produce or manufacture of the said Dukedom of Oldenburg.
Given under my hand, at the city of Washington, this 22d day of
November, A.D. 1821, and the forty-sixth year of the Independence
of the United States.
JAMES MONROE.
By the President:
JOHN QUINCY ADAMS,
_Secretary of State_.
FIFTH ANNUAL MESSAGE.
WASHINGTON, _December 3, 1821_.
_Fellow-Citizens of the Senate and of the House of Representatives_:
The progress of our affairs since the last session has been such as
may justly be claimed and expected under a Government deriving all
its powers from an enlightened people, and under laws formed by their
representatives, on great consideration, for the sole purpose of
promoting the welfare and happiness of their constituents. In the
execution of those laws and of the powers vested by the Constitution in
the Executive, unremitted attention has been paid to the great objects
to which they extend. In the concerns which are exclusively internal
there is good cause to be satisfied with the result. The laws have had
their due operation and effect. In those relating to foreign powers,
I am happy to state that peace and amity are preserved with all by
a strict observance on both sides of the rights of each. In matters
touching our commercial intercourse, where a difference of opinion has
existed as to the conditions on which it should be placed, each party
has pursued its own policy without giving just cause of offense to the
other. In this annual communication, especially when it is addressed
to a new Congress, the whole scope of our political concerns naturally
comes into view, that errors, if such have been committed, may be
corrected; that defects which have become manifest may be remedied; and,
on the other hand, that measures which were adopted on due deliberation,
and which experience has shewn are just in themselves and essential to
the public welfare, should be persevered in and supported. In performing
this necessary and very important duty I shall endeavor to place before
you on its merits every subject that is thought to be entitled to your
particular attention in as distinct and clear a light as I may be able.
By an act of the 3d of March, 1815, so much of the several acts as
imposed higher duties on the tonnage of foreign vessels and on the
manufactures and productions of foreign nations when imported into the
United States in foreign vessels than when imported in vessels of the
United States were repealed so far as respected the manufactures and
productions of the nation to which such vessels belonged, on the
condition that the repeal should take effect only in favor of any
foreign nation when the Executive should be satisfied that such
discriminating duties to the disadvantage of the United States had
likewise been repealed by such nation. By this act a proposition was
made to all nations to place our commerce with each on a basis which it
was presumed would be acceptable to all. Every nation was allowed to
bring its manufactures and productions into our ports and to take the
manufactures and productions of the United States back to their ports in
their own vessels on the same conditions that they might be transported
in vessels of the United States, and in return it was required that a
like accommodation should be granted to the vessels of the United States
in the ports of other powers. The articles to be admitted or prohibited
on either side formed no part of the proposed arrangement. Each party
would retain the right to admit or prohibit such articles from the other
as it thought proper, and on its own conditions.
When the nature of the commerce between the United States and every
other country was taken into view, it was thought that this proposition
would be considered fair, and even liberal, by every power. The exports
of the United States consist generally of articles of the first
necessity and of rude materials in demand for foreign manufactories, of
great bulk, requiring for their transportation many vessels, the return
for which in the manufactures and productions of any foreign country,
even when disposed of there to advantage, may be brought in a single
vessel. This observation is the more especially applicable to those
countries from which manufactures alone are imported, but it applies in
a great extent to the European dominions of every European power and in
a certain extent to all the colonies of those powers. By placing, then,
the navigation precisely on the same ground in the transportation of
exports and imports between the United States and other countries it was
presumed that all was offered which could be desired. It seemed to be
the only proposition which could be devised which would retain even the
semblance of equality in our favor.
Many considerations of great weight gave us a right to expect that this
commerce should be extended to the colonies as well as to the European
dominions of other powers. With the latter, especially with countries
exclusively manufacturing, the advantage was manifestly on their side.
An indemnity for that loss was expected from a trade with the colonies,
and with the greater reason as it was known that the supplies which the
colonies derived from us were of the highest importance to them, their
labor being bestowed with so much greater profit in the culture of other
articles; and because, likewise, the articles of which those supplies
consisted, forming so large a proportion of the exports of the United
States, were never admitted into any of the ports of Europe except in
cases of great emergency to avert a serious calamity. When no article
is admitted which is not required to supply the wants of the party
admitting it, and admitted then not in favor of any particular country
to the disadvantage of others, but on conditions equally applicable to
all, it seems just that the articles thus admitted and invited should be
carried thither in the vessels of the country affording such supply and
that the reciprocity should be found in a corresponding accommodation
on the other side. By allowing each party to participate in the
transportation of such supplies on the payment of equal tonnage a strong
proof was afforded of an accommodating spirit. To abandon to it the
transportation of the whole would be a sacrifice which ought not to
be expected. The demand in the present instance would be the more
unreasonable in consideration of the great inequality existing in
the trade with the parent country.
Such was the basis of our system as established by the act of 1815 and
such its true character. In the year in which this act was passed a
treaty was concluded with Great Britain, in strict conformity with
its principles, in regard to her European dominions. To her colonies,
however, in the West Indies and on this continent it was not extended,
the British Government claiming the exclusive supply of those colonies,
and from our own ports, and of the productions of the colonies in return
in her own vessels. To this claim the United States could not assent,
and in consequence each party suspended the intercourse in the vessels
of the other by a prohibition which still exists.
The same conditions were offered to France, but not accepted. Her
Government has demanded other conditions more favorable to her
navigation, and which should also give extraordinary encouragement to
her manufactures and productions in ports of the United States. To these
it was thought improper to accede, and in consequence the restrictive
regulations which had been adopted on her part, being countervailed
on the part of the United States, the direct commerce between the two
countries in the vessels of each party has been in a great measure
suspended. It is much to be regretted that, although a negotiation has
been long pending, such is the diversity of views entertained on the
various points which have been brought into discussion that there does
not appear to be any reasonable prospect of its early conclusion.
It is my duty to state, as a cause of very great regret, that very
serious differences have occurred in this negotiation respecting the
construction of the eighth article of the treaty of 1803, by which
Louisiana was ceded to the United States, and likewise respecting the
seizure of the _Apollo_, in 1820, for a violation of our revenue laws.
The claim of the Government of France has excited not less surprise than
concern, because there does not appear to be a just foundation for it in
either instance. By the eighth article of the treaty referred to it is
stipulated that after the expiration of twelve years, during which time
it was provided by the seventh or preceding article that the vessels
of France and Spain should be admitted into the ports of the ceded
territory without paying higher duties on merchandise or tonnage on the
vessels than such as were paid by citizens of the United States, the
ships of France should forever afterwards be placed on the footing of
the most favored nation. By the obvious construction of this article it
is presumed that it was intended that no favor should be granted to any
power in those ports to which France should not be forthwith entitled,
nor should any accommodation be allowed to another power on conditions
to which she would not also be entitled on the same conditions. Under
this construction no favor or accommodation could be granted to any
power to the prejudice of France. By allowing the equivalent allowed by
those powers she would always stand in those ports on the footing of the
most favored nation. But if this article should be so construed as that
France should enjoy, of right, and without paying the equivalent, all
the advantages of such conditions as might be allowed to other powers in
return for important concessions made by them, then the whole character
of the stipulation would be changed. She would not be placed on the
footing of the most favored nation, but on a footing held by no other
nation. She would enjoy all advantages allowed to them in consideration
of like advantages allowed to us, free from every and any condition
whatever.
As little cause has the Government of France to complain of the seizure
of the _Apollo_ and the removal of other vessels from the waters of
the St. Marys. It will not be denied that every nation has a right to
regulate its commercial system as it thinks fit and to enforce the
collection of its revenue, provided it be done without an invasion of
the rights of other powers. The violation of its revenue laws is an
offense which all nations punish, the punishment of which gives no just
cause of complaint to the power to which the offenders belong, provided
it be extended to all equally. In this case every circumstance which
occurred indicated a fixed purpose to violate our revenue laws. Had the
party intended to have pursued a fair trade he would have entered our
ports and paid the duties; or had he intended to carry on a legitimate
circuitous commerce with the United States he would have entered the
port of some other power, landed his goods at the custom-house according
to law, and re-shipped and sent them in the vessel of such power, or
of some other power which might lawfully bring them, free from such
duties, to a port of the United States. But the conduct of the party
in this case was altogether different. He entered the river St. Marys,
the boundary line between the United States and Florida, and took his
position on the Spanish side, on which in the whole extent of the river
there was no town, no port or custom-house, and scarcely any settlement.
His purpose, therefore, was not to sell his goods to the inhabitants of
Florida, but to citizens of the United States, in exchange for their
productions, which could not be done without a direct and palpable
breach of our laws. It is known that a regular systematic plan had been
formed by certain persons for the violation of our revenue system, which
made it the more necessary to check the proceeding in its commencement.
That the unsettled bank of a river so remote from the Spanish garrisons
and population could give no protection to any party in such a practice
is believed to be in strict accord with the law of nations. It would
not have comported with a friendly policy in Spain herself to have
established a custom-house there, since it could have subserved no other
purpose than to elude our revenue law. But the Government of Spain did
not adopt that measure. On the contrary, it is understood that the
Captain-General of Cuba, to whom an application to that effect was made
by these adventurers, had not acceded to it. The condition of those
Provinces for many years before they were ceded to the United States
need not now be dwelt on. Inhabited by different tribes of Indians and
an inroad for every kind of adventurer, the jurisdiction of Spain may
be said to have been almost exclusively confined to her garrisons. It
certainly could not extend to places where she had no authority. The
rules, therefore, applicable to settled countries governed by laws could
not be deemed so to the deserts of Florida and to the occurrences there.
It merits attention also that the territory had then been ceded to
the United States by a treaty the ratification of which had not been
refused, and which has since been performed. Under any circumstances,
therefore, Spain became less responsible for such acts committed there,
and the United States more at liberty to exercise authority to prevent
so great a mischief. The conduct of this Government has in every
instance been conciliatory and friendly to France. The construction of
our revenue law in its application to the cases which have formed the
ground of such serious complaint on her part and the order to the
collector of St. Marys, in accord with it, were given two years before
these cases occurred, and in reference to a breach which was attempted
by the subjects of another power. The application, therefore, to the
cases in question was inevitable. As soon as the treaty by which these
Provinces were ceded to the United States was ratified, and all danger
of further breach of our revenue laws ceased, an order was given for the
release of the vessel which had been seized and for the dismission of
the libel which had been instituted against her.