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 sew 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

powerful consideration which we have to offer to these tribes, as an in ducement to relinquish the lands on which they now reside, and to remove to those which are designated. It is not doubted that this arrangement will present considerations of sufficient force to surmount all their prejudices in favor of the soil of their nativity, however strong they may be. Their elders have sufficient intelligence to discern the certain progress of events in the present train, and sufficient virtue, by yielding to momentary sacrifices, to protect their families and posterity from inevitable destruction. They will also perceive, that they may thus attain an elevation to which, as communities, they could not otherwise aspire.

To the United States, the proposed arrangement offers many important advantages, in addition to those which have been already enumerated. By the establishment of such a government over these tribes, with their consent, we become in reality their benefactors. The relation of conflicting interests, which has heretofore existed between them and our frontier settlements, will cease. There will be no more wars between them and the United States. Adopting such a government, their movements will be in harmony with us, and its good effect be felt throughout the whole extent of our territory, to the Pacific. It may fairly be presumed that, through the agency of such a government, the condition of all the tribes inhabiting that vast region may be essentially improved; that permanent peace may be preserved with them, and our commerce be much extended. With a view to this important object, I recommend it to Congress to adopt, by solemn declaration, certain fundamental principles in accord with those above suggested, as the basis of such arrangements as may be entered into with the several tribes, to the strict observance of which, the faith of the nation shall be pledged. I recommend it also to Congress to provide by law for the appointment of a suitable number of commissioners, who shall, under the directions of the president, be authorized to visit and explain to the several tribes, the objects of the government, and to make with them, according to their instructions, such arrangements as shall be best calculated to carry those objects into effect.

A negotiation is now depending with the Creek nation, for the cession of lands held by it, within the limits of Georgia, and with a reasonable prospect of success. It is presumed, however, that the result will not be known during the present session of Congress. To give effect to this negotiation, and to the negotiations which it is proposed to hold with all the other tribes within the limits of the several states and territories, on the principles and for the purposes stated, it is recommended that an adequate appropriation be now made by Congress.

SPECIAL MESSAGE.

FEBRUARY 14, 1825.

To the House of Representatives of the United States:

I HEREWITH transmit a report from the secretary of war, with a report to him by the chief engineer, of the examination which has been made by the board of engineers for internal improvement, in obedience to their instructions, of the country between the Potomac and Ohio rivers; between the latter and Lake Erie; between the Allegany and Schuylkill

rivers; the Delaware and the Raritan; between Buzzard's and Barnstable bays, and the Narraganset roads and Boston harbor; with explanatory observations on each route. From the view which I have taken of these reports, I contemplate results of incalculable advantage to our Union, because I see in them the most satisfactory proof that certain impediments which had a tendency to embarrass the intercourse between some of its most important sections, may be removed without serious difficulty; and that facilities may be afforded in other quarters, which will have the happiest effect. Of the right in Congress to promote these great results, by the appropriation of the public money, in harmony with the states to be affected by them, having already communicated my sentiments fully, and on mature consideration, I deem it unnecessary to enlarge at this time.

SPECIAL MESSAGE.

FEBRUARY 17, 1825.

To the Senate and House of Representatives of the United States :I INVITE the attention of Congress to the peculiar situation of this district, in regard to the exposure of its inhabitants to contagious diseases from abroad; against which it is thought that adequate provisions should now be made. The exposure being common to the whole district, the regulation should apply to the whole; to make which, Congress alone possesses the adequate power. That the regulations should be made by Congress, is the more necessary, from the consideration, that this being the seat of government, its protection against such diseases must form one of its principal objects.

SPECIAL MESSAGE.

FEBRUARY 21, 1825.

To the Senate and House of Representatives of the United States :

I TRANSMIT, herewith, a report from the secretary of war, with a report to him from the third auditor, of the settlements, in the amount stated, of the claims of the state of Massachusetts, for services rendered by the militia of that state, in the late war, the payment of which has hitherto been prevented by causes which are well known to Congress. Having communicated my sentiments on this subject fully, in a message bearing date on the 23d of February, 1824, it is unnecessary to repeat in detail, here, what I then advanced. By recurring to that message, and to the documents referred to in it, it will be seen that the conduct of the executive of that state, in refusing to place the militia thereof, at that difficult conjuncture, under the direction of the executive of the United States, as he was bound to do by a fair construction of the constitution, and as the other states did, is the great cause to which the difficulty adverted to is to be ascribed. It will also be seen, on a view of those documents, that the executive of the state was warned at the time, if it persevered in the re

fusal, that the consequences which have followed would be inevitable; that the attitude assumed by the state, formed a case which was not contemplated by the existing laws of the United States, relating to the militia services; that the payment of the claims of the state, for such services, could De provided for by Congress only, and by a special law for the purpose. Having made this communication while acting in the department of war, to the governor of Massachusetts, with the sanction and under the direction of my enlightened and virtuous predecessor, it would be improper, in any view which may be taken of the subject, for me to change the ground there assumed, to withdraw this great question from the consideration of Congress, and to act on it myself. Had the executive been in error, it is entitled to censure, making a just allowance for the motive which guided it. If its conduct was correct, the ground then assumed ought to be maintained by it. It belongs to Congress alone to determine this distressing incident on just principles, with a view to the highest interests of our Union.

From the view which I have taken of the subject, I am confirmed in the opinion that Congress should now decide on the claim, and allow to the state such portions thereof as are founded on the principles laid down in the former message. If those principles are correct, as, on great consideration, I am satisfied they are, it appears to me to be just in itself, and of high importance, that the sums which may be due, in conformity therewith, should no longer be withheld from the state.

SPECIAL MESSAGE.

FEBRUARY 26, 1825.

To the Senate and House of Representatives of the United States:JUST before the termination of the last session of Congress, an act, entitled, "An act concerning wrecks on the coast of Florida," which then passed, was presented to me, with many others, and approved; and, as I thought, signed; a report to that effect was then made to Congress. It appeared, however, after the adjournment, that the evidence of such approbation had not been attached to it. Whether the act may be considered in force, under such circumstances, is a point on which it belongs not to me to decide. To remove all doubts on the subject, I submit to the consideration of Congress, the propriety of passing a declaratory act to that effect.