Sidebilder
PDF
ePub

any way interested. A range of states, on the western side of the Mississippi, which already is provided for, puts us essentially at ease. Whether it will be wise to go further, will turn on other considerations than those which have dictated the course heretofore pursued. At whatever point we may stop, whether it be at a single range of states beyond the Mississippi, or by taking a greater scope, the advantage of such improvements is deemed of the highest importance. It is so, on the present scale. The further we go, the greater will be the necessity for them.

It can not be doubted, that improvements for great national purposes would be better made by the national government, than by the governments of the several states. Our experience, prior to the adoption of the constitution, demonstrated, that, in the exercise by the individual states of most of the powers granted to the United States, a contracted rivalry of interests, and misapplied jealousy of each other, had an important influence on all their measures, to the great injury of the whole. This was particularly exemplified by the regulations which they severally made, of their commerce with foreign nations, and with each other. It was this utter incapacity in the state governments, proceeding from these and other causes, to act as a nation, and to perform all the duties which the nation owed to itself, under any system which left the general government dependent on the states, which produced the transfer of these powers to the United States, by the establishment of the present constitution.—The reasoning which was applicable to the grant of any of the powers now vested in Congress, is likewise so, at least to a certain extent, to that in question. It is natural that the states, individually, in making improvements, should look to their particular and local interests. The members composing their respective legislatures represent the people of each state, only, and might not feel themselves at liberty to look to objects, in these respects, beyond that limit. If the resources of the Union were to be brought into operation under the direction of the state assemblies, or in concert with them, it may be apprehended that every measure would become the object of negotiation, of bargain and barter, much to the disadvantage of the system, as well as discredit to both governments. But Congress would look to the whole, and make improvements to promote the welfare of the whole. It is the peculiar felicity of the proposed amendment, that while it will enable the United States to accomplish every national object, the improvements made with that view will eminently promote the welfare of the individual states, who may also add such others as their own particular interests may require.

The situation of the Cumberland road requires the particular and early attention of Congress. Being formed over very lofty mountains, and in many instances over deep and wide streams, across which valuable bridges have been erected, which are sustained by stone walls, as are many other parts of the road, all these works are subject to decay, have decayed, and will decay rapidly, unless timely and effectual measures are adopted to prevent it.

The declivities from the mountains, and all the heights, must suffer from the frequent and heavy falls of water, and its descent to the valleys, as also from the deep congelations during our severe winters. Other injuries have also been experienced on this road, such as the displacing the capping of the walls, and other works, committed by worthless people, either from a desire to render the road impassable, or to have the transportation in another direction, or from a spirit of wantonness to create employ

ment for idlers. These considerations show, that an active and strict police ought to be established over the whole road, with power to make repairs when necessary; to establish turnpikes and tolls, as the means of raising money to make them; and to prosecute and punish those who commit waste and other injuries.

Should the United States be willing to abandon this road to the states through which it passes, would they take charge of it, each of that portion within its limits, and keep it in repair? It is not to be presumed that they would, since the advantages attending it are exclusively national, by connecting, as it does, the Atlantic with the western states, and in a line with the seat of the national government. The most expensive parts of this road lie within Pennyslvania and Virginia, very near the confines of each state, and in a route not essentially connected with the commerce of either.

If it is thought proper to vest this power in the United States, the only mode in which it can be done, is, by an amendment of the constitution. The states, individually, can not transfer the power to the United States, nor can the United States receive it. The constitution forms an equal and the sole relation between the general government and the several states; and it recognises no change in it, which shall not, in like manner apply to all. If it is once admitted, that the general government may form compacts with individual states, not common to the others, and which the others might even disapprove, into what pernicious consequences might it not lead? Such compacts are utterly repugnant to the principles of the constitution, and of the most dangerous tendency. The states, through which this road passes, have given their sanction only to the route, and to the acquisition of the soil by the United States-a right very different from that of jurisdiction, which can not be granted without an amendment to the constitution, and which need not be granted for the purposes of this system, except in the limited manner heretofore stated. On full consideration, therefore, of the whole subject, I am of opinion that such an amendment ought to be recommended to the several states for their adoption.

I have now essentially executed that part of the task, which I imposed on myself, of examining the right of Congress to adopt and execute a system of internal improvement, and I presume have shown that it does not exist. It is, I think, equally manifest, that such a power vested in Congress, and wisely executed, would have the happiest effect, on all the great interests of our Union. It is, however, my opinion that the power should be confined to great national works only, since, if it were unlimited, it would be liable to abuse, and might be productive of evil. For all minor improvements, the resources of the states individually, would be fully adequate, and by the states such improvements might be made with greater advantage than by the Union; as they would understand better such as their more immediate and local interests required.

SPECIAL MESSAGE.

JANUARY 5, 1825.

To the Senate and House of Representatives of the United States :As the term of my service in this high trust will expire at the end of the present session of Congress, I think it proper to invite your attention to an object very interesting to me, and which, in the movement of our government, is deemed, on principle, equally interesting to the public. I have been long in the service of my country, and in its difficult conjunctures, as well abroad as at home, in the course of which I have had a control over public moneys to a vast amount, If, in the course of my service, it shall appear, on the most severe scrutiny, which I invite, that the public have sustained any loss by any act of mine, or of others, for which I ought to be held responsible, I am willing to bear it. If, on the other hand, it shall appear, on a view of the law, and of precedents in other cases, that justice has been withheld from me, in any instance, as I have believed it to be in many, and greatly to my injury, it is submitted whether it ought not to be rendered. It is my wish that all matters of account and claims between my country and myself be settled, with that strict regard to justice which is observed in settlements between individuals in private life. It would be gratifying to me, and it appears to be just, that the subject should be now examined, in both respects, with a view to a decision hereafter. No bill would, it is presumed, be presented for my signature, which would operate either for or against me, and I would certainly sanction none in my favor. While here, I can furnish testimony, applicable to any case, in both views, which a full investigation may require, and the committee to whom the subject may be referred, by reporting facts now, with a view to a decision after my retirement, will allow time for further information, and due consideration of all matters relating thereto. Settlements with a person in this trust, which could not be made with the accounting officers of government, should always be made by Congress, and before the public. The cause of the delay in presenting these claims will be explained to the committee to whom the subject may be referred. It will, I presume, be made apparent that it was inevitable; that, from the peculiar circumstances attending each case, Congress alone could decide on it; and that, from considerations of deliicacy, it would have been highly improper for me to have sought it from Congress at an earlier period than that which is now proposed-the expiration of my term in this high trust.

Other considerations appear to me to operate with great force in favor of the measure which I now propose. A citizen who has long served his country in its highest trusts, has a right, if he has served with fidelity, to enjoy undisturbed tranquillity and peace in his retirement. This he can not expect to do, unless his conduct, in all pecuniary concerns, shall be placed, by severe scrutiny, on a basis not to be shaken. This, therefore, forms a strong motive with me for the inquiry which I now invite. The public may also derive considerable advantage from the precedent, in the future movement of the government. It being known that such scrutiny was made in my case, it may form a new, strong barrier against the abuse of the public confidence in future.

SPECIAL MESSAGE.

JANUARY 10, 1825.

To the House of Representatives of the United States:

I SHOULD hasten to communicate to you the documents called for by the resolution of the house of representatives of the 4th instant, relating to the conduct of the officers of the navy of the United States on the Pacific ocean, and of other public agents in South America, if such communication might now be made consistently with the public interest, or with justice to the parties concerned. In consequence of several charges which have been alleged against Commodore Stewart, touching his conduct while commanding the squadron of the United States on that sea, it has been deemed proper to suspend him from duty, and to subject him to trial on these charges. It appearing, also, that some of those charges have been communicated to the department by Mr. Provost, political agent at this time of the United States at Peru, and heretofore at Buenos Ayres and Chili, and apparently with his sanction, and that charges have likewise been made against him by citizens of the United States engaged in commerce in that quarter, it has been thought equally just and proper that he should attend here, as well to furnish the evidence in his possession applicable to the charges exhibited against Commodore Stewart, as to answer such as have been exhibited against himself.

In this stage, the publication of those documents might tend to excite prejudices, which might operate to the injury of both. It is important that the public servants, in every station, should perform their duty with fidelity, according to the injunctions of the law, and the orders of the executive in fulfilment thereof. It is peculiarly so that this should be done by the commanders of our squadrons, especially on distant seas, and by political agents, who represent the United States with foreign powers, for reasons that are obvious in both instances. It is due to their rights and to the character of the government, that they be not censured without just cause, which can not be ascertained until, on a view of the charges, they are heard in their defence, and after a thorough and impartial investigation of their conduct. Under these circumstances, it is thought that a communication, at this time, of those documents would not comport with the public interest, nor with what is due to the parties concerned.

SPECIAL MESSAGE.

JANUARY 27, 1825.

To the House of Representatives of the United States :—

BEING deeply impressed with the opinion, that the removal of the Indian tribes from the lands which they now occupy within the limits of the sev eral states and territories, to the country lying westward and northward thereof, within our acknowledged boundaries, is of very high importance to our Union, and may be accomplished on conditions and in a manner to promote the interest and happiness of those tribes, the attention of the government has been long drawn, with great solicitude, to the object. For

the removal of the tribes within the limits of the state of Georgia the motive has been peculiarly strong, arising from the compact with that state, whereby the United States are bound to extinguish the Indian title to the lands within it, whenever it may be done peaceably and on reasonable conditions. In the fulfilment of this compact, I have thought that the United States should act with a generous spirit; that they should omit nothing which should comport with a liberal construction of the instrument, and likewise be in accordance with the just rights of those tribes. From the view which I have taken of the subject, I am satisfied that, in the discharge of these important duties, in regard to both the parties alluded to, the United States will have to encounter no conflicting interests with either. On the contrary, that the removal of the tribes from the territory which they now inhabit, to that which was designated in the message at the commencement of the session, which would accomplish the object for Georgia, under a well-digested plan for their government and civilization, which should be agreeable to themselves, would not only shield them from impending ruin, but promote their welfare and happiness. Experience has clearly demonstrated that, in their present state, it is impossible to incorporate them in such masses, in any form whatever, into our system. It has also demonstrated, with equal certainty, that, without a timely anticipation of, and provision against, the dangers to which they are exposed, under causes which it will be difficult, if not impossible to control, their degradation and extermination will be inevitable.

The great object to be accomplished is, the removal of those tribes to the territory designated, on conditions which shall be satisfactory to themselves, and honorable to the United States. This can be done only by conveying to each tribe a good title to an adequate portion of land, to which it may consent to remove, and by providing for it there a system of internal government, which shall protect their property from invasion, and, by the regular progress of improvement and civilization, prevent that degeneracy which has generally marked the transition from the one to the other state.

I transmit, herewith, a report from the secretary of war. which presents the best estimate which can be formed, from the documents in that department, of the number of Indians within our states and territories, and of the amount of lands held by the several tribes within each; of the state of the country lying northward and westward thereof, within our acknowledged boundaries; of the parts to which the Indian title has already been extinguished, and of the conditions on which other parts, in an amount which may be adequate to the object contemplated, may be obtained. By this report it appears, that the Indian title has already been extinguished to extensive tracts in that quarter, and that other portions may be acquired, to the extent desired, on very moderate conditions. Satisfied I also am, that the removal proposed is not only practicable, but that. the advantages attending it, to the Indians, may be made so apparent to them, that all the tribes, even those most opposed, may be induced to accede to it at no very distant day.

The digest of such a government, with the consent of the Indians, which should be endowed with sufficient powers to meet all the objects contemplated; to connect the several tribes together in a bond of unity, and preserve order in each; to prevent intrusions on their property; to teach them, by regular instructions, the arts of civilized life, and make them a civilized people, is an object of very high importance. It is the

« ForrigeFortsett »