A Compilation of the Messages and Papers of the Presidents - James D. Richardson
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JAMES MONROE.
APRIL 9, 1824.
_To the House of Representatives of the United States_:
I herewith transmit the report of the Secretary of War, with the
accompanying documents, containing the information requested by a
resolution of the House of the 10th ultimo, and which communicates
the accounts of all the generals of the Army, likewise of the
Inspector-General, the chiefs of the Engineer and Ordnance Corps, and
Surgeon-General for the two years preceding the 30th of September last;
also shewing the amount of money paid to each under the different heads
of pay, fuel, straw, quarters, transportation, and all other extra and
contingent allowances; which report, together with the statements
herewith transmitted, furnishes all the information required.
JAMES MONROE.
_To the Senate and House of Representatives of the United States_:
The executive of Virginia having requested payment of the amount of
interest paid by the State for moneys borrowed and paid by it for
services rendered by the militia in the late war, and such claim not
being allowable according to the uniform decisions of the accounting
officers of the Government, I submit the subject to your consideration,
with a report from the Secretary of War and all the documents connected
with it.
The following are the circumstances on which this claim is founded:
From an early stage of the war the squadrons of the enemy entered
occasionally the Chesapeake Bay, and, menacing its shores and those of
the principal rivers emptying into it, subjected the neighboring militia
to calls from the local authorities for the defense of the parts thus
menaced. The pressure was most sensibly felt in 1814, after the attack
on this city and its capture, when the invading force, retiring to its
squadron, menaced alike Baltimore, Norfolk, and Richmond. The attack
on this city had induced a call by the Department of War for large
detachments of the militia of Pennsylvania, Maryland, and Virginia,
which, being collected in this quarter, and the enemy bearing, in the
first instance, on Baltimore, were ordered to its defense. As early
as the 31st of August notice was given by the Secretary of War to the
governor of Virginia of the position of the enemy and of the danger to
which Richmond as well as Norfolk and Baltimore were exposed, and he was
also authorized and enjoined to be on his guard, prepared at every point
and in every circumstance to meet and repel the invaders. This notice
was repeated several times afterwards, until the enemy left the bay and
moved to the south.
In the course of the war the State had augmented its taxes to meet the
pressure, but the funds being still inadequate, it borrowed money to a
considerable amount, which was applied to the payment of the militia for
the services thus rendered. The calls which had been made, except for
the brigades in this quarter and at Norfolk, being made by the State,
the settlement with those corps and the payment for their services were
made according to the rules and usage of the Department by the State
and not by the United States. On the settlement by the State, after the
peace, with the accounting officers of the Government the reimbursement
of the interest which the State had paid on the sums thus borrowed and
paid to the militia was claimed, but not allowed for the reason above
stated. It is this claim which I now submit to the consideration of
Congress.
It need scarcely be remarked that where a State advances money for the
use of the General Government for a purpose authorized by it that the
claim for the interest on the amount thus advanced, which has been paid
by the State, is reasonable and just. The claim is the stronger under
the circumstance which existed when those advances were made, it being
at a period of great difficulty, when the United States were compelled
to borrow very large sums for the prosecution of the war. Had the State
not borrowed this money the militia, whose services have been recognized
since by the nation, must have been disbanded and the State left without
defense.
The claim is, in my opinion, equally well founded where a State advances
money which it has in its treasury, or which it raises by taxes, to meet
the current demand.
In submitting this claim to your consideration it is proper to observe
that many other States have like claims with those of Virginia, and that
all those similarly circumstanced should be placed on the same footing.
I invite your attention to a principle which is deemed just, and with a
view that the provision which may be made respecting it may be extended
alike to all the States.
JAMES MONROE.
APRIL, 12, 1824.
APRIL, 16, 1824.
_To the House of Representatives of the United States_:
In compliance with a resolution of the House of Representatives of the
8th of April, requesting information whether the fifth section of the
act of the 3d March, 1803, relating to a township of land lying within
John Cleves Symmes's patent, had been executed, and, if not, what
reasons had prevented it, I transmit a report from the Secretary of
the Treasury, which affords the information desired.
JAMES MONROE.
APRIL, 16, 1824.
_To the House of Representatives of the United States_:
I transmit to the House of Representatives a report of the Secretary of
War, containing the information requested by a resolution of the House
dated 25th ultimo, shewing the reason why the engineers appointed to
examine the most suitable site for a national armory on the Western
waters have not made their report.
JAMES MONROE.
APRIL, 16, 1824.
_To the House of Representatives of the United States_:
I herewith transmit to the House of Representatives a report from
the Secretary of War, which contains the information requested by a
resolution of the 8th instant, respecting the proposals that were made
by certain Indians, therein described, of the Cherokee Nation for the
cession of their lands to the United States.
JAMES MONROE.
WASHINGTON, _April 18, 1824_.
_To the House of Representatives of the United States_:
In compliance with a resolution of the House of Representatives of the
13th instant, requesting a detailed account of the disbursement of the
sums appropriated by the acts of the 30th April, 1818, and of the 3d
March, 1819, for making certain improvements in the grounds connected
with the public offices and the President's house, I transmit a report
from the Commissioner of the Public Buildings, which contains the
information desired.
JAMES MONROE.
APRIL, 23, 1824.
_To the House of Representatives of the United States_:
In conformity with a resolution of the House of Representatives of
yesterday, I have received a copy of the proceedings of the committee to
whom was referred a communication from Ninian Edwards, lately appointed
a minister plenipotentiary to Mexico, in which it is decided that
his attendance in this city for the purpose of being examined by the
committee on matters contained in the said communication was requisite.
As soon as I was apprised that such a communication had been made to the
House, anticipating that the attendance of Mr. Edwards might be desired
for the purpose stated, I thought it proper that he should be informed
thereof, and instructed him not to proceed on his mission, but to await
such call as might be made on him either by the House or its committee,
and in consequence a letter was addressed to him to that effect by the
Secretary of State.
JAMES MONROE.
APRIL 27, 1824.
_To the Senate of the United States_:
In conformity with the resolution of the Senate of the 19th instant,
requesting information whether the Executive, through the agency of
the War Department, borrowed any money during the late war, under the
condition of applying the same to the defense of the State wherein the
said loans were made, to what amount, and whether interest was paid by
the United States for such loans, etc., I herewith transmit a report
from the Secretary of War containing all the information in that
Department in relation to the resolution.
JAMES MONROE.
APRIL, 28, 1824.
_To the House of Representatives_:
The House of Representatives having referred back the accounts and
claims of Daniel D. Tompkins, late governor of New York, to be settled
on the principles established by the report of the committee and the law
founded on it in the last session I have reconsidered the subject, and
now communicate the result.
By the report of the committee, which it was understood was adopted by
the House, it was decided that his accounts and claims should be settled
on the four following principles:
First. That interest should be allowed him on all moneys advanced by
him for the public from the time of the advance to that of his being
reimbursed.
Second. That a reasonable commission should be allowed him on all moneys
disbursed by him during the late war.
Third. That an indemnity should be allowed for all losses which he had
sustained by the failure of the Government to fulfill its engagements
to send him money or Treasury notes within the time specified to be
deposited in certain banks as collateral security for loans procured
by him at the request and on account of the Government.
Fourth. That he should not be held responsible for losses incurred by
the frauds and failures of subagents to whom moneys were advanced
through his hands.
On the first, that of interest on his advances for the public, I have
allowed him $14,438.68. This allowance is made on advances admitted by
the accounting department, and on the declaration of Mr. Tompkins that
the remittances made to him, after his advances and previous to the
24th of December, 1814, when a very large sum was remitted to him, were
applied to public purposes and not to the reimbursement of his advances.
On the second head, that of a reasonable commission for his
disbursements during the late war, I have allowed him 5 per cent on
the whole sum disbursed by him, amounting to $92,213.13. I have made
him this extra allowance in consideration of the aid which he afforded
to the Government at that important epoch in obtaining the loan of a
considerable part of the sums thus disbursed.
On the third head, that of an indemnity for losses sustained by him in
consequence of the failure of the Government to fulfill its engagements
to send him money or Treasury notes within the time specified, I have
allowed him $4,411.25, being the amount of the loss sustained on the
sale of Treasury notes, for which he was responsible.
On the fourth head, that of losses sustained by him by any frauds or
failures of subagents, none such having been shewn no allowance whatever
has been made to him.
From the amount thus allowed to Mr. Tompkins after deducting the sum
paid him under the act of the present session and the moneys charged
to his account there will remain a balance due him of $60,238.46, as
appears by the sketch herewith communicated.
In making a final decision on Mr. Tompkins's claims a question arises,
Shall interest be allowed him on the amount of the commission on his
disbursements? The law of the last session grants to the President
a power to allow interest on moneys advanced by him to the public,
but does not authorize it on the commission to be allowed on his
disbursements. To make such allowance belongs exclusively to Congress.
Had his claims been settled at the end of the last war on the principles
established by the law of the last session a commission on disbursements
would then have been allowed him. This consideration operates with great
force in favor of the allowance of interest on that commission at this
time, which I recommend to Congress.
I think proper to add that the official relation which I bore to
Governor Tompkins at that very interesting epoch, under the highly
distinguished and meritorious citizen under whom we both served,
enabling me to feel very sensibly the value of his services, excites a
strong interest in his favor, which I deem it not improper to express.
JAMES MONROE.
WASHINGTON, _April 30, 1824_.
_To the Senate of the United States_:
I transmit to the Senate, for their constitutional advice with regard
to its ratification, a convention for the suppression of the African
slave trade, signed at London on the 13th ultimo by the minister of the
United States residing there on their part, with the plenipotentiaries
of the British Government on the part of that nation, together with
the correspondence relating thereto, a part of which is included in a
communication made to the House of Representatives on the 19th ultimo,
a printed copy of which is among the documents herewith sent.
Motives of accommodation to the wishes of the British Government
render it desirable that the Senate should act definitively upon
this convention as speedily as may be found convenient.
JAMES MONROE.
APRIL 30, 1824.
_To the Senate of the United States_:
I communicate to the Senate a treaty entered into with the Cherokee
Nation as early as 1804, but which, owing to causes not now understood,
has never been carried into effect. Of the authenticity of the
transaction a report from the Secretary of War, with the documents
accompanying it, furnishes the most unquestionable proof. I submit it
to the Senate for its advice and consent as to the ratification.
JAMES MONROE.
WASHINGTON, _May 7, 1824_.
_To the Senate of the United States_:
I communicate herewith to the Senate a report from the Secretary
of State, with the documents relating to the present state of the
commercial intercourse between the United States and Portugal,
requested by the resolution of the Senate of the 13th ultimo.
JAMES MONROE.
MAY 11, 1824.
_To the House of Representatives of the United States_:
I herewith transmit to the House of Representatives a report of
the Secretary of War, containing the information called for by the
resolution of the 10th of March, requesting the names of all the
officers of the Army who have been brevetted, stating their lineal rank
and brevet rank, when brevetted, and the amount of money paid to each
and when paid, which report, with the accompanying documents, contains
the information desired.
JAMES MONROE.
MAY 13, 1824.
_To the House of Representatives of the United States_:
In compliance with the resolution of the House of Representatives of
the 15th of April, requesting the President to cause to be communicated
to the House a statement of the supplies which have been sent from the
United States to any ports of South America for the use of our squadron
in the Pacific Ocean, of the amount paid for such supplies, with the
names of the owners of the vessels, and other details therein specified,
I transmit herewith a report from the Secretary of the Navy, which, with
the documents accompanying it, furnishes the information desired.
JAMES MONROE.
MAY 14, 1824.
_To the House of Representatives of the United States_:
I herewith transmit to the House of Representatives a report of the
Secretary of the Navy, together with the proceedings of a court-martial
lately held at Norfolk for the trial of Lieutenant Beverly Kennon, as
requested by a resolution of the House bearing date the 25th of April,
1824.
JAMES MONROE.
WASHINGTON, _May 18, 1824_.
_To the House of Representatives of the United States_:
I communicate to the House a report, with accompanying documents,
received from Alexander Hamilton, one of the commissioners of land
titles in East Florida, deeming the statements therein contained to be
worthy of the particular attention of the House, and of a nature which
may, perhaps, require their interposition or that of both branches of
the Legislature.
JAMES MONROE.
WASHINGTON, _May 21, 1824_.
_To the Senate of the United States_:
Apprehending from the delay in the decision that some difficulty exists
with the Senate respecting the ratification of the convention lately
concluded with the British Government for the suppression of the slave
trade by making it piratical, I deem it proper to communicate for your
consideration such views as appear to me to merit attention. Charged
as the Executive is, and as I have long been, with maintaining the
political relations between the United States and other nations, I
consider it my duty, in submitting for your advice and consent as to
the ratification any treaty or convention which has been agreed on
with another power, to explain, when the occasion requires it, all
the reasons which induced the measure. It is by such full and frank
explanation only that the Senate can be enabled to discharge the high
trust reposed in them with advantage to their country. Having the
instrument before them, with the views which guided the Executive in
forming it, the Senate will possess all the light necessary to a sound
decision.
By an act of Congress of 15th May, 1820, the slave trade, as described
by that act, was made piratical, and all such of our citizens as might
be found engaged in that trade were subjected, on conviction thereof
by the circuit courts of the United States, to capital punishment. To
communicate more distinctly the import of that act, I refer to its
fourth and fifth sections, which are in the following words:
SEC. 4. _And be it further enacted_, That if any citizen of the United
States, being of the crew or ship's company of any foreign ship or
vessel engaged in the slave trade, or any person whatever, being of the
crew or ship's company of any ship or vessel owned in the whole or part
or navigated for or in behalf of any citizen or citizens of the United
States, shall land from any such ship or vessel, and on any foreign
shore seize any Negro or Mulatto not held to service or labor by the
laws of either of the States or Territories of the United States, with
intent to make such Negro or Mulatto a slave, or shall decoy or forcibly
bring or carry, or shall receive, such Negro or Mulatto on board any
such ship or vessel, with intent as aforesaid, such citizen or person
shall be adjudged a pirate, and on conviction thereof before the circuit
court of the United States for the district wherein he may be brought or
found shall suffer death.
SEC. 5. _And be it further enacted_, That if any citizen of the United
States, being of the crew or ship's company of any foreign ship or
vessel engaged in the slave trade, or any person whatever, being of the
crew or ship's company of any ship or vessel owned wholly or in part, or
navigated for or in behalf of, any citizen or citizens of the United
States, shall forcibly confine or detain, or aid and abet in forcibly
confining or detaining, on board such ship or vessel any Negro or
Mulatto not held to service by the laws of either of the States or
Territories of the United States, with intent to make such Negro or
Mulatto a slave, or shall on board any such ship or vessel offer or
attempt to sell as a slave any Negro or Mulatto not held to service as
aforesaid, or shall on the high seas or anywhere on tide water transfer
or deliver over to any other ship or vessel any Negro or Mulatto not
held to service as aforesaid, with intent to make such Negro or mulatto
a slave, or shall land or deliver on shore from on board any such ship
or vessel any such Negro or mulatto, with intent to make sale of, or
having previously sold such Negro or Mulatto as a slave, such citizen or
person shall be adjudged a pirate, and on conviction thereof before the
circuit court of the United States for the district wherein he may be
brought or found shall suffer death.
And on the 28th February, 1823, the House of Representatives, by a
majority of 131 to 9, passed a resolution to the following effect:
_Resolved_, That the President of the United States be requested to
enter upon and prosecute from time to time such negotiations with the
several maritime powers of Europe and America as he may deem expedient
for the effectual abolition of the African slave trade and its ultimate
denunciation as piracy under the law of nations, by the consent of the
civilized world.
By the act of Congress above referred to, whereby the most effectual
means that could be devised were adopted for the extirpation of the
slave trade, the wish of the United States was explicitly declared, that
all nations might concur in a similar policy. It could only be by such
concurrence that the great object could be accomplished, and it was by
negotiation and treaty alone that such concurrence could be obtained,
commencing with one power and extending it to others. The course,
therefore, which the Executive, who had concurred in the act, had to
pursue was distinctly marked out for it. Had there, however, been any
doubt respecting it, the resolution of the House of Representatives,
the branch which might with strict propriety express its opinion, could
not fail to have removed it.
By the tenth article of the treaty of peace between the United States
and Great Britain, concluded at Ghent, it was stipulated that both
parties should use their best endeavors to accomplish the abolition
of the African slave trade. This object has been accordingly pursued
by both Governments with great earnestness, by separate acts of
legislation, and by negotiation almost uninterrupted, with the purpose
of establishing a conceit between them in some measure which might
secure its accomplishment.
Great Britain in her negotiations with other powers had concluded
treaties with Spain, Portugal, and the Netherlands, in which, without
constituting the crime as piracy or classing it with crimes of that
denomination, the parties had conceded to the naval officers of each
other the right of search and capture of the vessels of either that
might be engaged in the slave trade, and had instituted courts
consisting of judges, subjects of both parties, for the trial of the
vessels so captured.
In the negotiations with the United States Great Britain had earnestly
and repeatedly pressed on them the adoption of similar provisions.
They had been resisted by the Executive on two grounds: One, that
the constitution of mixed tribunals was incompatible with their
Constitution; and the other, that the concession of the right of search
in time of peace for an offense not piratical would be repugnant to the
feelings of the nation and of dangerous tendency. The right of search is
the right of war of the belligerent toward the neutral. To extend it in
time of peace to any object whatever might establish a precedent which
might lead to others with some powers, and which, even if confined to
the instance specified, might be subject to great abuse.
Animated by an ardent desire to suppress this trade, the United States
took stronger ground by making it, by the act above referred to,
piratical, a measure more adequate to the end and free from many of
the objections applicable to the plan which had been proposed to them.
It is this alternative which the Executive, under the sanction and
injunctions above stated, offered to the British Government, and which
that Government has accepted. By making the crime piracy the right of
search attaches to the crime, and which when adopted by all nations will
be common to all; and that it will be so adopted may fairly be presumed
if steadily persevered in by the parties to the present convention. In
the meantime, and with a view to a fair experiment, the obvious course
seems to be to carry into effect with every power such treaty as may be
made with each in succession.
In presenting this alternative to the British Government it was made
an indispensable condition that the trade should be made piratical
by act of Parliament, as it had been by an act of Congress. This was
provided for in the convention, and has since been complied with. In
this respect, therefore, the nations rest on the same ground. Suitable
provisions have also been adopted to protect each party from the abuse
of the power granted to the public ships of the other. Instead of
subjecting the persons detected in the slave trade to trial by the
courts of the captors, as would be the case if such trade was piracy by
the laws of nations, it is stipulated that until that event they shall
be tried by the courts of their own country only. Hence there could be
no motive for an abuse of the right of search, since such abuse could
not fail to terminate to the injury of the captor.
Should this convention be adopted, there is every reason to believe
that it will be the commencement of a system destined to accomplish the
entire abolition of the slave trade. Great Britain, by making it her
own, confessedly adopted at the suggestion of the United States, and
being pledged to propose and urge its adoption by other nations in
concert with the United States, will find it for her interest to abandon
the less-effective system of her previous treaties with Spain, Portugal,
and the Netherlands, and to urge on those and other powers their
accession to this. The crime will then be universally proscribed as
piracy, and the traffic be suppressed forever.