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the extent of the commerce carried on between the United States and those islands, particularly the former, this discrimination causes serious injury to one of those great national interests which it has been considered an essential part of our policy to cherish, and has given rise to complaints on the part of our merchants. Under instructions given to our Minister at Madrid, earnest representations have been made by him to the Spanish Government upon this subject, and there is reason to expect, from the friendly disposition which is entertained towards this country, that a beneficial change will be produced. The disadvantage, however, to which our shipping is subjected by the operation of these discriminating duties, requires that they be met by suitable countervailing duties during your present session-power being at the same time vested in the President to modify or discontinue them as the discriminating duties on American vessels or their cargoes may be modified or discontinued at those islands. Intimations have been given to the Spanish Government that the United States may be obliged to resort to such measures as are of necessary self-defence; and there is no reason to apprehend that it would be unfavorably received." The proposed proceeding, if adopted, would not be permitted, however, in any degree to induce a relaxation in the efforts of our Minister to effect a repeal of this irregularity by friendly negotiation; and it might serve to give force to his representations, by showing the dangers to which that valuable trade is exposed by the obstructions and burdens which a system of discriminating and countervailing duties necessarily produces.

The selection and preparation of the Florida archives, for the purpose of being delivered over to the United States, in conformity with the royal order, as mentioned in my last Annual Message, though in progress, has not yet been completed. This delay has been produced, partly by causes which were unavoidable, particularly the prevalence of cholera at Havana; but measures have been taken, which it is believed will expedite the delivery of those important records.

Congress were informed, at the opening of the last session, that "owing, as was alleged, to em'barrassments in the finances of Portugal, conse'quent upon the civil war in which that nation was 'engaged," payment had been made of only one instalment of the amount which the Portuguese Government had stipulated to pay for indemnifying our citizens for property illegally captured in the blockade of Terceira. Since that time, a postponement for two years, with interest, of the two remaining instalments, was requested by the Portuguese Government; and as a consideration, it offered to stipulate, that rice of the United States should be admitted into Portugal, at the same duties as Brazilian rice. Being satisfied that no better arrangement could be made, my consent was given; and a royal order of the King of Portugal was accordingly issued on the 4th of February last for the reduction of the duty on rice of the United States. It would give me great pleasure if, in speaking of that country, in whose prosperity the United States are so much interested, and with whom a long subsisting, extensive, and mutually advantageous commercial intercourse has strengthened the relations of friendship, I could announce to you the restoration of its internal tranquillity.

Subsequently to the commencement of the last session of Congress the final instalment payable by Denmark, under the convention of the 28th day of March, 1830, was received. The commissioners for examining the claims have since terminated their labors, and their awards have been paid at the treasury as they have been called for. The justice rendered to our citizens by that Government is thus completed, and a pledge is thereby afforded for the maintenance of that friendly intercourse becoming the relations that the two nations mutually bear to each other.

It is satisfactory to inform you that the Danish Government has recently issued an ordinance by which the commerce with the island of St. Croix is placed on a more liberal footing than heretofore. This change cannot fail to prove beneficial to the trade between the United States and that colony; and the advantages likely to flow from it may lead to greater relaxations in the colonial systems of other nations.

The ratifications of the convention with the King of the Two Sicilies have been duly exchanged, and the commissioners appointed for examining the claims under it, have entered upon the duties assigned to them by law. The friendship that the interests of the two nations require of them being now established, it may be hoped that each will enjoy the benefits which a liberal commerce should yield to both.

A treaty of amity and commerce between the United States and Belgium was concluded during the last winter, and received the sanction of the Senate; but the exchange of the ratifications has been hitherto delayed, in consequence, in the first instance, of some delay in the reception of the treaty at Brussels, and subsequently, of the absence of the Belgian Minister of Foreign Affairs at the important conferences in which his Government is engaged at London.

message, some of the most important claims of our fellow-citizens upon the Government of Brazil have been satisfactorily adjusted, and a reliance is placed on the friendly dispositions manifested by it that justice will also be done in others. No new causes of complaint have arisen; and the trade between the two countries flourishes under the encouragement secured to it by the liberal provisions of the treaty.

It is cause of regret, that, owing probably to the civil dissensions which have occupied the attention of the Mexican Government, the time fixed by the treaty of limits with the United States for the meeting of the commissioners to define the boundaries between the two nations, has been suffered to expire without the appointment of any commissioners on the part of that Government. While the true boundary remains in doubt by either party, it is difficult to give effect to those measures which are necessary to the protection and quiet of our numerous citizens residing near that frontier. The subject is one of great solicitude to the United States, and will not fail to re

That treaty does but embody those enlarged
principles of friendly policy which, it is sincerely
hoped, will always regulate the conduct of the two
nations, having such strong motives to maintain
amicable relations towards each other, and so sin-ceive my earnest attention.
cerely desirous to cherish them.

With all the other European Powers with whom
the United States have formed diplomatic relations,
and with the Sublime Porte, the best understand-
ing prevails. From all, I continue to receive as
surances of good will towards the United States-
assurances which it gives me no less pleasure to
reciprocate than to receive. With all, the engage-
ments which have been entered into, are fulfilled
with good faith on both sides. Measures have
also been taken to enlarge our friendly relations
and extend our commercial intercourse with other
States. The system we have pursued of aiming
at no exclusive advantages, of dealing with all on
terms of fair and equal reciprocity, and of adher-
ing scrupulously to all our engagements, is well
calculated to give success to efforts intended to be
mutually beneficial.

The wars of which the southern part of this continent was so long the theatre, and which were carried on, either by the mother country against the States which had formerly been her colonies, or by the States against each other, having terminated, and their civil dissensions having so far subsided, as, with few exceptions, no longer to disturb the public tranquillity, it is earnestly hoped those States will be able to employ themselves without interruption in perfecting their institutions, cultivating the arts of peace, and promoting, by wise counsels and able exertions, the public and private prosperity which their patriotic struggles so well entitle them to enjoy.

With those States our relations have undergone but little change during the present year. No reunion having yet taken place between the States which composed the Republic of Colombia, our chargé d'affaires at Bogota has been accredited to the Government of New Grenada; and we have therefore no diplomatic relations with Venezuela and Equador, except as they may be included in those heretofore formed with the Colombian Republic. It is understood that representatives from threee States were about to assemble at Bogota to confer on the subject of their mutual interests, particularly that of their union; and if the result should render it necessary, measures will be taken on our part to preserve with each that friendship and those liberal commercial connexions which it has been the constant desire of the United States to cultivate with their sister republics of this hemisphere. Until the important question of reunion shall be settled, however, the different matters which have been under discussion between the United States and the Republic of Colombia, or either of the States which composed it, are not likely to be brought to a satisfactory issue.

In consequence of the illness of the charge d'affairs appointed to Central America at the last session of Congress, he was prevented from proceeding on his mission until the month of October. It is hoped. however, that he is by this time at his post, and that the official intercourse, unfortunately so long interrupted, has been thus renewed on the part of the two nations so amicably and advantageously connected by engagements founded on the most enlarged principles of commercial reciprocity.

It is gratifying to state that since my last annual

The treaty concluded with Chili, and approved by the Senate at its last session, was also ratified by the Chilian Government, but with certain additional and explanatory articles of a nature to have required it to be again submitted to the Senate. The time limited for the exchange of the ratifica. tions, however, having since expired, the action of both Governments on the treaty will again become necessary.

The negotiations commenced with the Argentine Republic, relative to the outrages committed on our vessels engaged in the fisheries at the Falkland Islands, by persons acting under the color of its authority, as well as the other matters in controversy between the two Governments, have been suspended by the departure of the chargé d'affaires of the United States from Buenos Ayres. It is understood, however, that a minister was subsequently appointed by that Government to renew the negotiation in the United States, but though daily expected, he has not yet arrived in this

country.

With Peru no treaty has yet been formed, and with Bolivia no diplomatic intercourse has yet been established. It will be my endeavor to encourage those sentiments of amity and that liberal commerce which belong to the relations in which all the independent States of this continent stand towards each other.

I deem it proper to recommend to your notice the revision of our consular system. This has become an important branch of the public service, inasmuch as it is intimately connected with the preservation of our national character abroad, with the interest of our citizens in foreign countries, with the regulation and care of our commerce, and with the protection of our seamen. At the close of the last session of Congress I communicated a report from the Secretary of State upon the subject, to which I now refer, as containing information which may be useful in any inquiries that Congress may see fit to institute with a view to a salutary reform of the system.

It gives me great pleasure to congratulate you upon the prosperous condition of the finances of the country, as will appear from the report which the Secretary of the Treasury will, in due time, lay before you. The receipts into the Treasury during the present year, will amount to more than thirty-two millions of dollars. The revenue derived from customs will, it is believed, be more than twenty-eight millions, and the public lands will yield about three millions. The expenditures within the year for all objects, including $2,572,240 99 on account of the public debt, will not amount to twenty-five millions; and a large balance will remain in the treasury after satisfying all the appropriations chargeable on the revenue for the present year.

The measures taken by the Secretary of the Treasury will probably enable him to pay off, in the course of the present year, the residue of the exchanged four-and-a-half per cent. stock, redeemable on the first of January next. It has, therefore, been included in the estimated expenditure of this year, and forms a part of the sum above stated to have been paid on account of the public debt. The payment of this stock will reduce the whole

debt of the United States, funded and unfunded, to the sum of $4,760,082 08. And as provision has already been made for the four-and-a-half per cent. above mentioned, and charged in the expenses of the present year, the sum last stated is all that now remains of the national debt; and the revenue of the coming year, together with the balance now in the treasury, will be sufficient to discharge it, after meeting the current expenses of the Government. Under the power given to the commissioners of the sinking fund, it will, I have no doubt, be purchased on favorable terms within the year.

From this view of the state of the finances, and the public engagements yet to be fulfilled, you will perceive that, if Providence permits me to meet you at another session, I shall have the high gratification of announcing to you that the national debt is extinguished. I cannot refrain from expressing the pleasure I feel at the near approach of that desirable event. The short period of time within which the public debt will have been discharged, is strong evidence of the abundant resources of the country, and of the prudence and economy with which the Government has heretofore been administered. We have waged two wars since we became a nation, with one of the most powerful kingdoms in the world-both of them undertaken in defence of our dearest rights, both successfully prosecuted and honorably terminated; and many of those who partook in the first struggle, as well as the second, will have lived to see the last item of the debt incurred in these necessary, but expensive conflicts, faithfully and honestly discharged; and we shall have the proud satisfaction of bequeathing to the public servants who follow us in the administration of the Government the rare blessing of a revenue sufficiently abundant-raised without injustice or oppression to our citizens, and unencumbered with any burdens but what they themselves shall think proper to impose upon it.

The flourishing state of the finances ought not, however, to encourage us to indulge in a lavish expenditure of the public treasure. The receipts of the present year do not furnish the test by which we are to estimate the income of the next. The changes made in our revenue system by the acts of Congress of 1832 and 1833, and more especially by the former, have swelled the receipts of the present year far beyond the amount to be expected in future years upon the reduced tariff of duties. The shortened credits on revenue bonds, and the cash duties on woollens, which were introduced by the act of 1832, and took effect on the 4th of March last, have brought large sums into the treasury in 1833, which, according to the credits formerly given, would not have been payable until 1834, and would have formed a part of the income of that year. These causes would of themselves produce a great diminution of the receipts in the year 1834, as compared with the present one; and they will be still more diminished by the reduced rates of duties which take place on the first of January next, on some of the most important and productive articles. Upon the best estimates that can be made, the receipts of the next year, with the aid of the unappropriated amount now in the treasury, will not be much more than sufficient to meet the expenses of the year and pay the small remnant of the national debt which yet remains unsatisfied. I cannot, therefore, recommend to you any alteration in the present tariff of duties. The rate, as now taxed by law on the various articles, was adopted at the last session of Congress as a matter of compromise, with unusual unanimity; and unless it is found to produce more than the necessities of the Government call for, there would seem to be no reason at this time to justify a change.

But while I forbear to recommend any further reduction of the duties, beyond that already provided for by the existing laws, I must earnestly and respectfully press upon Congress the importance of abstaining from all appropriations which are not absolutely required for the public interests, and authorized by the powers clearly delegated to the United States. We are beginning a new era in our Government. The national debt, which has so long been a burden on the treasury, will be finally discharged in the course of the ensuing year. No more money will afterwards be needed than what may be necessary to meet the ordinary expenses of the Government. Now, then, is the

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proper moment to fix our system of expenditure
on firm and durable principles: and I cannot too
strongly urge the necessity of a rigid economy, and
an inflexible determination not to enlarge the in-
come beyond the real necessities of the Govern-
ment, and not to increase the wants of the Govern-
ment by unnecessary and profuse expenditures.
If a contrary course should be pursued, it may
happen that the revenue of 1834 will fall short of
the demands upon it: and after reducing the tariff
in order to lighten the burdens of the people, and
providing for a still further reduction to take effect
hereafter, it would be much to be deplored if, at
the end of another year, we should find ourselves
obliged to retrace our steps and impose additional
taxes to meet unnecessary expenditures.

It is my duty, on this occasion, to call your at-
tention to the destruction of the public building
occupied by the Treasury Department, which hap-
pened since the last adjournment of Congress. A
thorough inquiry into the causes of this loss was
directed and made at the time, the result of which
will be duly communicated to you. I take pleas-
ure, however, in stating here, that by the laudable
exertions of the officers of the department, and
many of the citizens of the District, but few papers
were lost, and none that will materially affect the
public interest.

The public convenience requires that another building should be erected as soon as practicable; and in providing for it, it will be advisable to enlarge, in some manner, the accommodations for the public officers of the several departments, and to authorize the erection of suitable depositories for the safe-keeping of the public documents and records.

control their decisions. It must now be determined whether the bank is to have its candidates for all offices in the country, from the highest to the lowest, or whether candidates on both sides of political questions shall be brought forward as heretofore and supported by the usual means.

At this time the efforts of the bank to control public opinion through the distresses of some and the fears of others, are equally apparent, and, if possible, more objectionable. By a curtailment of its accommodations, more rapid than any emergency requires, and even while it retains specie to an almost unprecedented amount in its vaults, it is attempting to produce great embarrassment in one portion of the community, while through presses known to have been sustained by its money, it attempts, by unfounded alarms, to create a panic in all."

These are the means by which it seems to expect that it can force a restoration of the deposites, and, as a necessary consequence, extort from Congress a renewal of its charter. I am happy to know that, through the good sense of our people, the effort to get up a panic has hitherto failed, and that, through the increased accommodations which the State banks have been enabled to afford, no public distress has followed the exertions of the bank; and it cannot be doubted that the exercise of its power and the expenditure of its money as well as its efforts to spread groundless alarm, will be met and rebuked as they deserve. In my own sphere of duty, I should feel myself called on by the facts disclosed, to order a scire facias against the bank, with a view to put an end to the chartered rights it has so palpably violated, were it not that the charter itself will expire as soon as a decision would probably be obtained from the court of last resort.

Since the last adjournment of Congress, the Secretary of the Treasury has directed the money of the United States to be deposited in certain State I called the attention of Congress to this subject banks, designated by him, and he will immediately in my last annual message, and informed them that lay before you his reasons for this direction. I such measures as were within the reach of the concur with him entirely in the view he has taken Secretary of the Treasury, had been taken to en of the subject; and some months before the remo- able him to judge whether the public deposites in val, I urged upon the department the propriety of the Bank of the United States were entirely safe; taking that step. The near approach of the day but that as his single powers might be inadequate on which the charter will expire, as well as the to the object, I recommended the subject to Conconduct of the bank, appeared to me to call for gress, as worthy of their serious investigation: dethis measure, upon the high considerations of pub-claring it as my opinion that an inquiry into the lic interest and public duty. The extent of its mis- transactions of that institution, embracing the conduct, however, although known to be great, branches as well as the principal bank, was called was not at that time fully developed by proof. It for by the credit which was given throughout the was not until late in the month of August that I country to many serious charges impeaching their received from the Government directors an official character, and which, if true, might justly excite report, establishing beyond question, that this the apprehension that they were no longer a safe great and powerful institution had been actively depository for the public money. The extent to engaged in attempting to influence the elections of which the examination, thus recommended, was the public officers, by means of its money; and gone into, is spread upon your journals, and is too that, in violation of the express provisions of its well known to require to be stated. Such as was charter, it had, by a formal resolution, placed its made, resulted in a report from a majority of the funds at the disposition of its President, to be em- Committee of Ways and Means touching certain ployed in sustaining the political power of the specified points only, concluding with a resolution bank. A copy of this resolution is contained in that the Government deposites might safely be the report of the Government directors, before recontinued in the Bank of the United States. This ferred to; and however the object may be dis- resolution was adopted at the close of the session, guised by cautious language, no one can doubt by the vote of a majority of the House of Reprethat this money was in truth intended for election- sentatives. eering purposes, and the particular uses to which it was proved to have been applied, abundantly show that it was so understood. Not only was the evidence complete as to the past application of the money and the power of the bank to electioneering purposes, but that the resolution of the Board of Directors authorized the same course to be pursued in future.

Although I may not always be able to concur in the views of the public interest, or the duties of its agents, which may be taken by the other departments of the Government, or either of its branches, I am, notwithstanding, wholly incapable of receiving otherwise than with the most sincere respect, all opinions or suggestions proceeding from such a source; and in respect to none am I more inclined It being thus established by unquestionable to do so than the House of Representatives. But proof that the Bank of the United States was con- it will be seen from the brief views at this time verted into a permanent electioneering engine, it taken of the subject by myself, as well as the more appeared to me that the path of duty which the ample ones presented by the Secretary of the Treas Executive Department of the Government ought ury, that the change in the deposites which has to pursue, was not doubtful. As by the terms of been ordered, has been deemed to be called for by the bank charter, no officer but the Secretary of considerations which are not affected by the prothe Treasury could remove the deposites, it seem-ceedings referred to, and which, if correctly viewed ed to me that this authority ought to be at once by that department, rendered its act a matter of exerted to deprive that great corporation of the imperious duty. support and countenance of the Government in such an use of its funds and such an exertion of its power. In this point of the case, the question is distinctly presented, whether the people of the United States are to govern through representatives chosen by their unbiased suffrages, or whether the power and money of a great corporation are to be secretly exerted to influence their judgment and

Coming as you do for the most part, immediately from the people and the States, by election, and possessing the fullest opportunity to know their sentiments, the present Congress will be sincerely solicitous to carry into full and fair effect the will of their constituents in regard to this institution. It will be for those in whose behalf we all act, to decide whether the Executive Department of the

Government, in the steps which it has taken on this subject, has been found in the line of its duty.

The accompanying report of the Secretary of War, with the documents annexed to it, exhibit the operations of the War Department for the past year, and condition of the various subjects intrusted to its administration.

It will be seen from them that the army maintains the character it has heretofore acquired for efficiency and military knowledge. Nothing has occurred since your last session to require its services beyond the ordinary routine of duties, which upon the seaboard and the inland frontier devolve upon it in a time of peace. The system, so wisely adopted and so long pursued, of constructing fortifications at exposed points, and of preparing and collecting the supplies necessary for the military defence of the country, and thus providently furnishing in peace the means of defence in war, has been continued with the usual results. I recommend to your consideration the various subjects suggested in the report of the Secretary of War. Their adoption would promote the public service and meliorate the condition of the army.

and due preparation for the contingencies of war,
meet with my entire approbation.

It will be perceived from the report referred to,
that the fiscal concerns of the establishment are in
an excellent condition; and it is hoped that Con-
gress may feel disposed to make promptly every
suitable provision desired either for preserving or
improving the system.

The General Post Office Department has continued, upon the strength of its own resources, to facilitate the means of communication between the various portions of the Union with increased activity. The method, however, in which the accounts of the transportation of the mail has always been kept, appears to have presented an imperfect view of its expenses. It has recently been discov. ered that, from the earliest records of the department, the annual statements have been calculated to exhibit an amount considerably short of the actual expense incurred for that service. These illusory statements, together with the expense of carrying into effect the law of the last session of Congress, establishing new mail routes, and a disposition on the part of the head of the department to gratify the wishes of the public in the extension Our relations with the various Indian tribes have of the mail facilities, have induced him to incur been undisturbed since the termination of the dif responsibilities for their improvement beyond what ficulties growing out of the hostile aggressions of the current resources of the department would susthe Sacs and Fox Indians. Several treaties have tain. As soon as he had discovered the imperfecbeen formed for the relinquishment of territory to tion of the method, he caused an investigation to the United States, and for the migration of the oc- be made of its results, and applied the proper cupants to the region assigned for their residence, remedy to correct the evil. It became necessary west of the Mississippi. Should these treaties be for him to withdraw some of the improvements ratified by the Senate, provision will have been which he had made, to bring the expenses of the made for the removal of almost all the tribes now department within its own resources. These exremaining east of that river, and for the termina- penses were incurred for the public good, and the tion of many difficult and embarrassing questions public have enjoyed their benefit. They are now arising out of their anomalous political condition. but partially suspended, and that where they may It is to be hoped those portions of two of the south-be discontinued with the least inconvenience to the ern tribes which in that event will present the only remaining difficulties, will realize the necessity of emigration, and will speedily resort to it. My original convictions upon this subject have been confirmed by the course of events for several years, and experience is every day adding to their strength. That those tribes cannot exist, surrounded by our settlements and in continual contact with our citizens, is certain. They have neither the intelligence, the industry, the moral habits, nor the desire of improvement, which are essential to any favorable change in their condition. Established in the midst of another and a superior race, and without appreciating the causes of their inferiority, or seeking to control them, they must necessarily yield to the force of circumstances, and ere long disappear. Such has been their fate heretofore, and if it is to be averted, and it is, it can only be done by a general removal beyond our boundary and by the reorgamzation of their political system upon principles adapted to the new relations in which they will be placed. The experiment which has been recently made has so far proved successful. The emigrants generally are represented to Le prosperous and contented, the country suitable to their wants and habits, and the essential articles of subsistence easily procured. When the report of the commissioners now engaged in investigating the condition and prospects of these Indians, and in devising a plan for their intercourse and government is received, I trust ample means of informa

tion will be in possession of the Government for adjusting all the unsettled questions connected with this interesting subject.

The operations of the navy during the year, and its present condition, are fully exhibited in the annual report from the Navy Department.

Suggestions are made by the Secretary, of various improvements, which deserve careful consideration, and most of which, if adopted, bid fair to promote the efficiency of this important branch of the public service. Among these, are the new organization of the Navy Board, the revision of the pay to officers, and a change in the period of time, or in the manner of making the annual appropriations, to which I beg leave to call your particular

attention.

The views which are presented on almost every portion of our naval concerns, and, especially, on the amount of force and the number of officers, and the general course of policy appropriate in the present state of our country, for securing the great and useful purposes of naval protection in peace,

country.

The progressive increase in the income from postages has equalled the highest expectations, and it affords demonstrative evidence of the growing importance and great utility of this department. The details are exhibited in the accompanying report from the Postmaster General.

The many distressing accidents which have of
late occurred in that portion of our navigation
carried on by the use of steam power, deserve the
immediate and unremitting attention of the con-
stituted authorities of the country. The fact that
the number of those fatal disasters is constantly
increasing, notwithstanding the great improve-
ments which are everywhere made in the machin-
ery employed, and in the rapid advances which

have been made in that branch of science, show
very clearly that they are in a great degree the re-
sult of criminal negligence on the part of those by
whom the vessels are navigated, and to whose care
and attention the lives and property of our citizens
are so extensively intrusted.

That these evils may be greatly lessened, if not
substantially removed, by means of precautionary
and penal legislation, seems to be highly probable:
so far, therefore, as the subject can be regarded as
within the constitutional purview of Congress, I
earnestly recommend it to your prompt and se-
rious consideration.

I would also call your attention to the views I have heretofore expressed of the propriety of amending the Constitution in relation to the mode of electing the President and the Vice President of the United States. Regarding it as all-important to the future quiet and harmony of the people that every intermediate agency in the election of these officers should be removed, and that their eligibility should be limited to one term of either four or six years, I cannot too earnestly invite your consideration of the subject.

Trusting that your deliberations on all the topics
of general interest to which I have adverted, and
such others as your more extensive knowledge of
the wants of our beloved country may suggest,
may be crowned with success, I tender yɔu, in
conclusion, the coöperation which it may be in my
power to afford them.

ANDREW JACKSON.
WASHINGTON, December 3, 1833.

On motion of Mr. KING, of Alabama, 5,000
copies of the Message, and 1,500 of the accom-
panying documents, were ordered to be printed.
Adjourned.

HOUSE OF REPRESENTATIVES.

TUESDAY, December 3, 1833. The resolution from the Senate, appointing a committee to wait upon the President and inform him that the two bodies are organized, and ready to receive his communications, was concurred in; and Messrs. WARD and SPEIGHT were appointed on the part of the House.

The oaths of office were then administered to the Clerk, WALTER S. FRANKLIN.

The House, on motion of Mr. MASON, proceeded to the election of Sergeant-at-Arms.

Mr. MASON nominated Thomas B. Randolph; and Mr. SPEIGHT nominated William Robinson. 220 ballots were given, of which numberThomas B. Randolph received 158 votes. William Robinson..... ......54 66 O. Crosby......

.........

.3 68 Jackson.......................1 66

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Mr. CLAY submitted the following resolution, which was agreed to:

Resolved, That Overton Carr be appointed Doorkeeper, and John W. Hunter, Assistant Doorkeeper of the House of Representatives.

The oath of office was then administered to the Sergeant-at-Arms and Doorkeepers elect. The usual resolutions for the appointment of chaplains and for furnishing the members with newspapers were adopted.

Mr. HUBBARD moved that all the former rules for the government of the House be adopted, with the exception of the 56th and 76th.

Mr. WILLIAMS was unwilling to decide upon a matter involving a change in the rules of the House without some time for consideration. He did not exactly understand what would be the effect of the proposed alteration, and he moved that the motion lie on the table.

Mr. HUBBARD explained that one of his propositions would be to increase the number of the members of the standing committees from seven to nine, and of the other committees from three to five. He also intended to propose that the members should sit uncovered until the Speaker should otherwise direct.

After a few words from Mr. BURGES in favor of a postponement of the subject,

Mr. WILLIAMS said that the proposition to sit without hats had often been submitted, and had always been rejected. It had been rejected on the ground that there was no convenient place for putting our hats; but he supposed that those who proposed the change would provide a place. He doubted, also, whether we should increase the efficiency of the committees by increasing their number. It was difficult to get the attendance of four members, which was the majority of seven, and it would be still more difficult to get five, the majority of nine. He wished time for reflection on the sub

ject, and renewed his motion to lay the matter on

the table.

Mr. SUTHERLAND suggested that nothing would be gained by letting the subject lie on the table. The House would be embarrassed unless rules were adopted.

Mr. PATTON moved that the 9th rule be also excepted, stating that it was his intention to move a modification of the 9th rule, to the effect that the Speaker should vote in the first instance in all cases, and that if the House be equally divided the question should be lost.

The motion, as modified at the suggestion of Mr. PATTON, was agreed to.

On motion of Mr. DAVIS, of Massachusetts, the House then adjourned.

IN SENATE.
WEDNESDAY, December 4, 1833.
Mr. CALHOUN, of South Carolina, and Mr.
SPRAGUE, of Maine, appeared and took their seats.
The PRESIDENT laid before the Senate a
communication from the Treasurer of the United
States, transmitting the annual statement of his
accounts, &c.

The PRESIDENT also presented a report from the Secretary of the Treasury, giving his reasons for the removal of the public deposites from the Bank of the United States.

Mr. GRUNDY moved that the reading of the

report should be dispensed with, and that 5,000 copies of the report and 1,500 copies of the documents accompanying it be printed for the use of the Senate. Agreed to.

Mr. WRIGHT submitted the following resolution:

Resolved, That the proceeding of the Legislature of the State of Rhode Island, now upon the table of the Senate, showing the appointment of ELISHA | R. POTTER as a Senator to represent that State in the Senate of the United States, be referred to a select committee of five Senators, to inquire and report upon the claim of the said Elisha R. Potter to the seat in the Senate now occupied by the Hon. ASHER ROBBINS.

After some discussion as to the point of order whether the resolution should be then acted on, and the mode of appointing the committee, Mr. CLAY moved to postpone the further consideration of the subject until to-morrow, which was agreed to without a division.

A resolution from the House of Representatives, for the appointment of two chaplains, was considered and agreed to.

Mr. BENTON submitted the following resolution; which was considered and agreed to:

Resolved, That the Secretary of the Treasury be instructed to report to the Senate upon the sufficiency of the provisions made by the act of March 2d, 1833, for the satisfaction of revolutionary bounty land warrants, and whether a further appropriation of land and issue of scrip is necessary to satisfy outstanding warrants.

Mr. BENTON gave notice that he would, on Monday next, ask leave to introduce a joint resolution, proposing an amendment to the Constitution of the United States in relation to the mode of electing a President and Vice President.

On motion of Mr. KANE,

The Senate then adjourned.

HOUSE OF REPRESENTATIVES.

WEDNESDAY, December 4, 1833.

After the Journal was read, Mr. ALLAN, of Kentucky, rose and said, that prior to the organization of the House, the question connected with the contested Kentucky election was depending; but it was withdrawn in order to permit the organization of the House, and he now proposed to proceed in it. We had before made some progress in the question, and had arrived at the merits of it. It would take but a few minutes to complete the view which he proposed to take in reference to the subject. [Here Mr. A. was interrupted by the question, whether there was any subject before the House.]

The SPEAKER replied that he considered the question to be, whether Mr. Moore was to be qualified as a member or not. Mr. Moore was supposed to present himself now to the Chair for qualification.

Mr. ALLAN continued. It is likely in the skirmish we had the other day, that there was some mistake as to the character of Mr. Moore's certificate. He saw, by the reports, that it was considered that Mr. Moore's election was certified by the Governor in the same manner as the election of the other members from Kentucky. But the fact was, the Governor had no right to perform such duty, nor had he undertaken to perform it. The Governor had simply transmitted the returns from the sheriffs, without expressing any opinion as to the election in either of the districts. If any one imagines that the Governor transmitted the same certificate in the case of Mr. Moore, as in that of the other members, he is mistaken. The certificates of every member, except Mr. Moore, were signed by the sheriff's of every county in the respective districts. But Mr. Moore's certificate was signed only by three of the five sheriff's of the fifth district. The question is, whether that certificate, which is thus defective, is prima facie evidence of Mr. Moore's election? What do they certify? That they met and counted the votes? No, but that they did not meet and count the votes. The result of the election in the fifth district was known. Everybody knew it. The newspapers had published it. Mr. Letcher was well ascertained to be elected. Under those circumstances, the sheriffs met, on the fifteenth day after the election, to count and compare the

votes.

Did they count and compare the votes of the several counties, and certify the election of the candidate who had the greatest number of votes? No. The sheriff of Lincoln, one of the oldest and most improved counties in the State, as to the vote in which there was no dispute, puts the pollbook of that county in his pocket, and marches off. How stood the vote in Lincoln? The majority for Mr. Letcher there was one hundred and fifty, which, added to the whole, gave him a majority over Mr. Moore. The sheriff, seeing this result, suppressed his return. In good old times, in Kentucky, (said Mr. ALLAN,) a certain candidate who had been defeated, was asked, what was the reason of his defeat? Nothing but the want of a sufficient number of votes,' was the reply. The want of votes was, at that time, in Kentucky,|| considered quite sufficient to account for the failure of a candidate, and no one ever dreamed of getting here in any other way than by a majority of votes. But if this paper is received as a sufficient evidence of election, then a new way to get to Congress has been discovered.

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Mr. HAWES, of Kentucky, said he presented himself with unfeigned embarrassment to the House, on this question. He considered the question, which of the two gentlemen, Mr. Moore or Mr. Letcher, should take his seat, was to be decided by this House, and decided in favor of the member who should be found to have the greatest number of votes. Mr Moore's certificate was, he contended, as valid as that of any other member from Kentucky. The return had the sanction of the Governor, which showed that he was considered by the Governor to have been duly elected. He admitted that the certificate was, in some respects, informal, but that informality did not affect the right of Mr. Moore to take his seat and qualify in the first instance. If we pursue the mode which has ever been pursued since the foundation of the Government, there will Let the subject be be no difficulty in the case. submitted to a committee, to take its usual course; and, at a proper time, let the House, with all the facts before them, say which party has the majority of votes, and is therefore elected. other course would be highly improper and unusual. The law of Kentucky had not provided for the case; but he contended that the failure of the sheriff of Lincoln to make his return did not make the election void, nor affect the validity of the certificate furnished by the other sheriff's of Mr. Moore's election. He did not pretend to say whether Mr. Moore or Mr. Letcher had the majority, but that the House should proceed to ascertain this fact in the usual form. He then referred to the course pursued in the contested election of a delegate from Michigan, as a precedent. He knew that the sheriff's were obliged by law to count the votes; but he saw no reason why this House should depart from the precedents established in such cases. Every member of the House was prepared to act on this question without the slightest prejudice in favor of either party. He did not know which candidate was elected, but he should vote, in the first instance, in favor of qualifying Mr. Moore.

Any

Mr. CHILTON, after expressing a reluctance to enter upon this question, suggested that his colleague [Mr. HAWES] had fallen into some inconsistency in proposing to refer the subject to a committee. If the position taken by his colleague [Mr. ALLAN] in reference to the character of the certificate was correct, it could not be supposed that the House would permit Mr. Moore to take his seat. The question for our consideration was, whether this certificate complies with the laws of the State of Kentucky. He thought it was plain that it did not comply with the law. It was admitted that the district was composed of five counties; that the sheriff of each must, at a certain time, attend at a certain place, for the purpose of counting and comparing the votes. There was no dispute as to this. After a faithful comparison and count, each of these sheriff's must put his name to a certificate, showing that one person has a majority of votes and is elected. This was perfectly plain. But the fact is not disputed, that there appear at the bottom of the certificate the names of but three sheriffs. Now, he denied that an informal certificate amounted to prima facie evidence. Can interested evidence be admitted in a court of justice, merely because no

other evidence can be furnished? Can partial testimony be in any case received, merely because it is the best evidence the case admits of? The principle was, in his opinion, erroneous and dangerous. We were all interested in preserving the purity of elections, and should be cautious in introducing any principles which will open a door to fraud. While he said this, he fully and entirely acquitted the member [Mr. Moore] from the slightest participation in the proceedings to which he referred as so incorrect. But he believed that the acceptance of his certificate would strike a fatal blow at

the freedom and purity of elections. It was due to the whole nation to discountenance the attempt to force into the House, as a member, an individual whose credentials are thus imperfect. He disclaimed, as his colleagues had done, all feeling of an unfavorable character to the interests of either party to this question.

Mr. LANE rose and called for the reading of the certificate testified by the Governor of Kentucky, and in the possession of the Clerk, which was as follows:

STATE OF KENTUCKY, Fifth Congressional District:

We, the undersigned, sheriffs for the counties of Mercer, Garrard, Anderson, Lincoln, and Jessamine, composing said Congressional district, do certify, that on the fifteenth day after the commencement of the late Congressional election for said district, to wit: on the 20th day of August, 1833, we met at the court-house in Harrodsburg, Mercer county, and, adjourning from day to day, made a faithful comparison and addition of the votes and polls for said Congressional election, for said district, and found, and accordingly certify, that Thomas P. Moore is duly elected a Representative to Congress from said fifth Congressional district, by a majority of the qualified votes of said district. Given under our hands, this 21st day of August, 1833. The vote of Lincoln county not taken into calculation. JACOB KELLER, Deputy,

For G. W. THOMPSON, S. M. C.,
JOHN WALSH, Sheriff Anderson co.,
By R. WALKER, D. M.,
JAMES H. GAIRG, Deputy,

For JOHN DOWNING, Sheriff J. C. Mr. L. then inquired if the specific question presented to the House was, Shall Mr. Moore be sworn and take his seat? To which the Speaker replied, it was. Then, sir, it being admitted that the inquiry is not, who shall or shall not in the final decision of this House be entitled to the seat; not who received the greater number of legal votes, but whether the certificate read furnishes prima facie evidence of that fact, the question to my mind is a simple one. It is a principle, that all persons intrusted with authority do their duty until the contrary appears. It is easy to suppose why the return of Lincoln was rejected. It may have been so imperfect upon its face, as to forbid its being received. It is said by the gentleman at my left, that he would not suffer any one to take his seat unless he produced a certificate perfect in all its parts. How, then, will the other gentleman take his seat, having no certificate? Mr. L. said both the gentlemen were strangers to him; but that he could assure them and the House that when he should be called upon to vote upon the first decision, his vote should be cast for him who should satisfy his mind he had received the majority of legal votes.

Mr. MARSHALL said the question was now narrowed down to a small point. It was not easy to say what was sufficient prima facie evidence of election; but when a member's credentials were questioned, he must produce such credentials as other members bring of their election. Any one may present himself in the Hall for qualification, and upon this prima facie evidence might be sworn in, if no one disputed his right. He utterly denied that the certificate produced by Mr. Moore amounted to sufficient evidence of his election, and we would not undertake to guess at reasons which might account for its informality. Any court of justice would decide that this certificate did not prove the main fact which it was offered to prove, viz: the election of Mr. Moore by a majority of the votes in the five counties composing the fifth district. The poll books themselves were the very

best evidence of an election, and the certificate was simply a substitute for the record of the fact itself. Now it ceased to be a substitute, if it was not made according to the laws of the State. There was no pretence for saying that an informal certificate was a substitute for the legal evidence of an election. If it was informal, in any one point, it ceased to carry any authority with it. If all the sheriff's did not sign it, it might as well be signed only by one sheriff, or not signed at all. In the law of Kentucky there was no provision for this case. It was a casus omissus, which we had no right to provide for. We must be bound by the law of Kentucky regulating the elections, as that law now stands. The Michigan case was totally different from this. This certificate did not state a fact upon which the election of Mr. Moore could be inferred. In the first instance, he contended, that the person who received the largest number of votes was entitled to his seat, and, in the next place, that no individual had produced the evidence of his having received that majority.

Mr. ELLSWORTH said, that the difficulty presented to his mind was this: Does the gentleman, Mr. Moore, present us a paper which, is an evidence of his election? It appeared to him that a majority of the sheriff's could not give a certificate, for the law of Kentucky expressly provided that all the sheriff's of the several counties should assemble and perform certain duties, one of which was, to sign this certificate. Suppose the certificate had asserted this: "We certify that, according to the votes in four counties in the 5th district, Thomas P. Moore is elected," Would that be sufficient? Certainly not. But, in fact, they have certified to nothing more, if to so much. The question now is, who shall sit as a member from the 5th district until the subject is investigated? And in his opinion the Hon. Mr. Moore did not present such testimony as entitled him to a seat. Mr. BEARDSLEY said it was conceded that the preliminary question was to be decided upon the sufficiency of the certificate. It is said that it appears on the face of this certificate that the votes of the county of Lincoln are not counted. But does it appear on the face of the certificate that any votes from Lincoln county were presented to the sheriffs? The paper shows, upon the declaration of three sheriffs, that Thomas P. Moore is duly elected by a majority of the qualified votes of the district. The only question is, therefore, whether the certificate of three sheriffs is sufficient, for it is admitted that this paper would be deemed sufficient had it been signed by the five sheriffs. Where several persons are appointed to do a particular act, the law recognises as valid the act of a majority of those persons. This was a clear principle, and if this be so, it ends the question.

Mr. POLK rose to offer some precedents bearing on this case. He held in his hand the original manuscript report on a contested election in the 20th Congressional District of New York, which was in point. By the law of New York, certain officers called the State canvassers, must certify the

election of each member. The canvassers returned the name of Daniel Huggenin, without the word junior, in consequence of which, Mr. Ten Eyck was returned as a member. Two hundred and seventy-four votes were lost to Mr. Huggenin by the omission of "Junior" in the return, and the certificate was given to Mr. Ten Eyck. The certificate stated the facts of the case, and Mr. Huggenin appeared at the bar of the House and alleged that he had been duly elected, for that he was the Daniel Huggenin, Jun., who had been voted for, as he offered to prove. But the House gave the seat to Mr. Ten Eyck for the time; and after investigating the facts, in the usual manner, gave the seat to Mr. Huggenin. He referred to another case of the same sort, in which Mr. Fisher was returned from New York, instead of Silas Wright, Jr., because some of the votes given for Mr. Wright were not counted by the canvassers. Mr. Fisher was qualified, and subsequently the seat was given to Mr. Wright. The House never pretended, at first, to go beyond the certificate; our course was a clear one, according to the precedents laid down.

Mr. WARDWELL went into some explana. tions of the New York cases referred to by the member from Tennessee. In the case of Mr. Wright, all the votes were not counted; but Mr.

Fisher, contrary to the wishes of his own friends, and notwithstanding that the fact of Mr. Wright's election was undisputed, came here and presented himself for qualification. The evidence that Mr. Wright had been elected was so plain, that not a member of the House contradicted it. But still the House, following its usual course, suffered Mr. Fisher to take his seat; and subsequently, after the report of a committee, the seat was given to Mr. Wright.

Mr. ALLAN called for the reading of certain papers which he named, from which he would show that the votes given in the different counties

were as follows:

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The Clerk proceeded, at the request of Mr. ALLAN, to read certificates of the number of votes given in each county.

Mr. POLK interposed, and objected to the course pursued. If we went into the subject at all, we must hear the whole evidence in the shape of depositions and affidavits, which the two parties House, at this stage of the business, into an examare prepared to offer. This would convert this ining committee. In his own opinion, we had no right to go beyond the certificate.

Mr. McKINLEY rose to point out a difference between this case and the New York cases; for in those cases, the certificates themselves showed that there were other candidates who were voted for. The evidence called for would not apply to

this case.

Mr. BURGES said we must first ascertain whether there is any case to examine before a committee. If the law intended that each sheriff should certify the return from his own county, then a return of a portion of the sheriffs can give no one a certificate which will entitle him to a seat.

Therefore, we have no knowledge that any one was elected in the 5th district. We must, to ascertain who is elected, go behind the certificate, and approximate to the people. We must go up to We have no paper which gives us any amount of the poll books, if we wish to reach the truth. the votes in the several counties, unless it be the papers, the reading of which was called for. The certificate did not assume to give the votes of every

county.

Mr. POLK said he now understood that the

gentleman who contested this seat had been enof which was ready, and some of which was exgaged for two months in obtaining testimony, some pected. The House, therefore, if it goes into the evidence at all, must continue to examine it, and

proceed in it as it comes in from day to day, and

no decision could be made until the whole of it had been received. Advertising the House of this fact, he would withdraw the objection to the reading of the paper.

Mr. EVANS moved an adjournment.

The SPEAKER communicated to the House the report of the Secretary of the Treasury on the removal of the deposites.

pensed with, and ten thousand copies ordered to On motion, the reading of the report was disbe printed.

The SPEAKER communicated to the House a

report of the Secretary of the Treasury on the cultivation of the sugar cane; a report from the Board of Engineers; the annual Treasury report; the annual report of the Treasurer; and the report of the late Clerk of the House, on the contingent expenses of the House; all of which were laid on the table, and ordered to be printed. The House then adjourned.

IN SENATE.

THURSDAY, December 5, 1833. On motion of Mr. GRUNDY, it was Ordered, That when the Senate adjourns today, it will adjourn to meet again on Monday

next.

The following message was received from the President of the United States, (through Mr. Donelson, his private secretary,) returning, with his objections, the bill which originated in the Senate at its last session, "appropriating for a limited time the proceeds of the sales of the public lands, and for other purposes." To the Senate of the United States:

At the close of the last session of Congress, I received from that body a bill entitled "An act to appropriate for a limited time the proceeds of the sales of the public lands of the United States, and for granting lands to certain States." The brief period then remaining before the rising of Congress, and the extreme pressure of official duties, unavoidable on such occasions, did not leave me sufficient time for that full consideration of the subject which was due to its great importance. Subsequent consideration and reflection have, however, confirmed the objections to the bill which presented themselves to my mind upon its first perusal, and, have satisfied me that it ought not to become a law. I felt myself, therefore, constrained to withhold from it my approval, and now return it to the Senate, in which it originated, with the reasons on which my dissent is founded.

I am fully sensible of the importance, as it respects both the harmony and union of the States, of making, as soon as circumstances will allow of it, a proper and final disposition of the whole subject of the public lands; and any measure for that object, providing for the reimbursement to the United States of those expenses with which they are justly chargeable, that may be consistent with my views of the Constitution, sound policy, and the rights of the respective States, will readily receive my coöperation. This bill, however, is not of that character. The arrangement it contemplates is not permanent, but limited to five years only, and in its terms appears to anticipate alterations within that time, at the discretion of Congress; and it furnishes no adequate security against those continued agitations of the subject which it should be the principal object of any measure for the disposition of the public lands to avert.

Neither the merits of the bill under consideration, nor the validity of the objections which I have felt it to be my duty to make to its passage, can be correctly appreciated without a full understanding of the manner in which the public lands, upon which it is intended to operate, were acquired, and the conditions upon which they are now held by the United States. I will, therefore, precede the statement of those objections by a brief but distinct exposition of these points.

The waste lands within the United States constituted one of the early obstacles to the organization of any Government for the protection of their common interests. In October, 1777, while Congress were framing the Articles of Confederation, a proposition was made to amend them to the following effect, viz:

"That the United States in Congress assembled, 'shall have the sole and exclusive right and power to ascertain and fix the western boundary of such ⚫ States as claim to the Mississippi or South sea, and lay out the land beyond the boundary so as'certained, into separate and independent States, 'from time to time, as the numbers and circum'stances of the people thereof may require."

It was, however, rejected, Maryland only voting for it; and so difficult did the subject appear, that the patriots of that body agreed to waive it in the Articles of Confederation, and leave it for future settlement.

On the submission of the articles to the several State Legislatures for ratification, the most formidable objection was found to be in this subject of waste lands. Maryland, Rhode Island, and NewJersey, instructed their Delegates in Congress to move amendments to them, providing that the waste or Crown lands should be considered the common property of the United States; but they were rejected. All the States, except Maryland, acceded to the articles, notwithstanding some of them did so with the reservation that their claim to those lands, as common property, was not thereby abandoned.

On the sole ground that no declaration to that effect was contained in the articles, Maryland withheld her assent, and in May, 1779, embodied her objections in the form of instructions to her Dele

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