Historical Newspapers of South Carolina

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p lixSLt part of che surplus revenue deposited nth the Stntes, was referred to the commit of ways and means. The Senate returned with their concur rence, the report of the committee on claims, on the petition of J-ohu Stevens. A Bill concerning the Bank of the Stnte, which had received two readings iu the Sen ate, was ren I a first time and ordered to a second reading on Monday. Mr BOYCE called up the general orders. A Bili to authorize the formation of limit ed partnerships was, on motioi^&jj?r Boy?e, laid on the table. The Report o? the commi^^R education on the communication of O. Mm. was agreed to, and ordered to the Senate; also, "that of the Abbeville delegation, on the report ot the trustees of Dr. De la Howe's estate. The following Bills were read a second time and ordered to- the Senate tor concur rence : A Bill to amend the law to regulate the trials in the courts of this State between the subjects of foreign nations in neutrality or ailiance with the U. States and the citizens thereof: A Bill to increase the pay of constables in attendance on the courts of law and equity in this State, reported by the judiciary commit tee without amendment : A Bill to confer on John T. Reed, an alien, the privilege of applying for admission to the Bar, reported by the same committee. A Bill to authorize the commissione rs o public buildings, of Charleston, to apply a part of their funds for the repairs and exten sion of the main guard house in that city ? received from the Senate. Mr. It eadon moved to give it a second reading. On mo tion of Mr. Porcher, laid on the table. A Bill to repeal the fifth section of an Act to regulate the office of Comptroller General was, on motion of Mr. H. H. Thomson, re ferred to the committee of ways and means. A Bill to reorganize the College of Charles ton, which had been read in the Senate and sent to the House,, was read a .first time, and on motion of Mr. Memminger referred to the Charleston delegation. The Report of the Judiciary Committee on the presentment of the- Grand Jury of Laurens, in relation to paying state's wit nesses, was agreed to. '. ?= The repartof the same committee on the petition from Beaufort, for a division ot that district, accompanied hy the following Reso lution, was, on motion of Mr. Petigru, laid on the table: ~ -v " Retched* That it is inexpedient to make any change of the present system, either by increasing or diminishing the number of Distiftfc** - ... { . * A BilLrepoited by the judiciary commit tee, entitled a BH1 to vest the appointment of the Reporter in the Judges, was ta?c?en up. Mr. Phillipa spoke in opposition to the Bid, ? and Mr. Memminger and Mr. Petigm in its j favor. Read a second time and ordered.- to the Senate. ' r ' A Bill, to equalize the salaries of the Trea surers of the Upper and Lower Divisions, was. taken up for a second reading, and occa sioned a jood deal of discussioq^ in which the following members engaged, viz- Messrs. Elmore, S. Fair, A. W . Thomson, B. F. Perry, -Rhett, Petigru, J. -W. Toomer, Colcock, Whitefield, Porcher, Fr ost, and R. G. Mills. Mr. Eimore moved to fill the blank -with $2000? motion refused, t .Mr. B. F. Perry, $1600? subsequently withdrawn. Mr. J. W. Toomer* to postpone the Bill to the first tfay of January? -on this , cfuestion Mr. Elmore called for the yeas and nays, and chey were ordered. Mr. Seymour moved to adjourn? motion negatived. The queston on postponing the Bill was taken by yeas and fays, as follows : YEAS? Messrs. Belin, Bnfbrd, Carr, Caaahman, r^kttefc. Crockett, Dudley, Durant, Edwards, Kb, Earn. Fripp, Frost, Garvin, Gavin, Gibson, t*ood wyi Harllee, Hagcr, Hugsrins, Jenkins, Ker, I^evy, MT%ecson, Mcmmmger, Murdough, John Paltaer, Petigru, Philips, Porcher, Povxe, Reed, Rhett, Riptey, Rofrftpfc. Scott, Stokes, Strobhart, J. W. Too me r, WiiUm, Yeadon. ? 41. T ? NATS ? D. L- Wardtow, Speaker Messrs, J. P ASeo. ioha M. Aflen, Arthur, Barry, Berry, Bowers, Breekmait, Buchanan, Butt; Purges^ Cauwefi, Crawiord, Deaaussure, 1) Douglass, John Douglass, FJxgpre, Kn^tak, Earioa, J. l-air, b. Fair, Gdlam, ?o<kttet, Ifcky, Huiet, Irby, Jamison, Jeter^ Jonw, Kern, Labocd^ Lenoir, Lang, -V DowelL M Lai^n litv, Martin, Maxwell, Means, Mills, Moffett, Jam es Moore, ? 4. Moore, Myers, Samuel J. Palmer, Pr> ? , Richardson, Seymour, Joshua Toomer, TyUsr, The Bill was accordingly not postponed. On motion of Mr. Seymour, Adjourned. ffESSAttE. FzZoa-ci&xm ?f tkc Senate and House of Representafivt r We have reason to renew the expression of our de- f vout gratitude to the Giver of all Good for his benign j protection. Our country presents, on every side, the evidences of that continued favor, under whose anspieesit has gradually risen from, a few feebteand dependent colonies to a prosperous and powerful Confederacy. We are blessed with domestic .tran quility, and all the. elements of national prosperity. The pestilence which, invading, for a time, some flourishing portions of the Union; interrupted the i general prevalence of unusual h*ath, has happily t"*ertJintited in extent, and arrested in its fatal career, f The industry and prudence of our citizens are gradu all/ /Sieving them from the pecuniary embarrass- j merits under which portions of them hove labored : j jadicieae legislation, and tlie natural and boundless ' resources of the country, liave aff?rded w.se and | timely aid u? private enterprise : and the activity al 1 ways characteristic of our people has alrea ' y, in a great degree; resumed Us usual and profitable chan nels. - x The condition ot" our foreign relations has not ma terially changed since the last annual message of my pr^egesaor. We remain at peace with all nations ; and no ?3urts pa my part, consistent with the preser vntion of fk\r rights and the honor of the country, ?halj bejfljved maintain a xwitvon so consonant to our. uaatittt^ions. We hare faithfully sustained the forcign japiiey with which the United States, under Hie guidance oF their first Resilient, took their stand in the famdy of nations? that of regulating their in teroourse wtfjh other powers hy the approved princi ples of privitfe liie ; asking and aeeonKng equal rights and equal privileges ; rendering aud demanding jus tice in *11 e^es ; .advancing cheir own, and dis"uss tng ;he pretensions oT others, with candor, direct ness. and .sincerity ; appealing at all times to reason, ust never yielding to force, nor seeking to acquire j any thing for themselves by its exercise. A rigid.adherence to this poliey has left this Gov- j crnznent wi$h scarcely a claim upon its justice, for injuries arij^ng from aets committed by its ?*uth?>rity. j The most. imposing and*, perplexing of those of the T:mted States upop foreign Governments, foraggre^- j t-u .s upon oar citizens, w^re disposed of by my pre r. Independently of the benefits conferred ujw^onr eitizens hy restoring to the mercantile com rpA5ii|y k> inany .millions of wl*c!? they had been wrongfully divest edy^g^eat service way nlsv) rendered ,tp bis country by the satisfactory adjustment of so many ancient and irritating subjects of contention ; jjid'rt reflects no ordinary credit on his successful ^vlmipjlEtraj^op of public affairs, that this ereat object Wall* accomplished Vithout co? promising*, on any oc casion, either the honor or the peace of the nation. With European powers no new subjects of difficul ty ,h*v? atisen; and those which were un.ier disci.n ^ipn, .although not terminated, do not present a more unravorabld ^aspect for the fnrure preservation of ? ihiu uniierttaading, which it has eyer been our desire to cultivat#. Of pending questions, the most iipp' jrtant is that which exists with the Government of Great Britain, ja r*p?Ct to opr Northeastern boundary. It is wirh oafeigned 'regret. . that the people of the Uaited States mast look back upon the abortive effects made by die Executive,, for a period of more than half a fpnitirf, to determine, what no naripn should s-Ter long to ren:aiH ui dispute, the true line which divides ; its possessions from those of other powers. The na ! ttireof the settlements on r lie borders of the I nited 1 States, and of the neighboring territory, was for a sea ; son such, that this perhaps was noi indispensable to a faithful performance of the dutit*of the- rederaJ i Government. Time has, however, changed thi? state of things ; and has brought about a condition .pf I affairs, in which the true interests of both countries ! imperatively require that this question should be put at rest It is not to be disgnsed that with full con I fidence. often expressed, in the desire of the British ! (Jovernment to terminate it, we are apparently as far from its adjustment as we were at the time of ! signing the treaty of peace in 1*83. The sole result ' of long pending, negotiations, and a perplexing arbi tration, appears to he a conviction,, on its part, that ft ; conventional line must be adopted, from the itxiDor-si 1 bility of ascertaining the true one according to the j description contained in that treatv. Without coin ciding in .this opinion," wlvi-jb is not thought to be i- well tbnnded, my predecessor gave the strongest ! proof of the earnest dc-si-e of the ['nited States to j terminate satisfactorily this dispute, by proposing the i substitution of a conventional line, if the consent of | the States interested in tlie question could be obtain j ed. To this proposition, no answer has as yet been : received. The attention of the British Government ! has. however, been urgently invited to the subjeci, and its reply cannot, I am confident, be much longer delayed. The general relations between Great Brit ; ain and the United States are of the most friendly j character, and I am well satisfied of the sincere dis j position of that Government to maintain them upon : their present footing' This disposition has also, I am persuaded, become more. general with the people i of England, than at- any previous period. It is j scarcely necessary to say. to you, how cordially it is i reciprocated by the Government and people of the i United Slates. The conviction, which must be com j mon to all, of the injurious consequences that resuit ? from keeping opea this irritating question, and the ! certainty that its;finsj.seulement cannot be much I 'onger deferred, will, I irust, lead to an early and r satisfactory adjustment. - At your last session, I i before you the recent communications bet ween the 1 two Governments, and between this Government and ; that of the State of Maine, in whose solicitude, con I cerning a subject fri w lich she has so deep an inter i est, every portion of the Union participates. | The leeiings produced by a temporary interruption ; of those iarmonious relations between France and the L" nited Statf s, which are due as well to the recol ! lections of former times as to a correct appreciation of eiistine interest*, have been happily succeeded by a cordial disposition on both sides to cultivate atUj^" tive friendship in their future intercourse. The opinion, undoubtedly correct, and steadily entertam [ ed by us, that the commercial relations at present ex isting between the two countries are susceptible of great and reciprocally beneficial improvement, is ob 1 viously gaining ground in France; and I am assured .of the disposition of that Government to favor the i accomplishment of such an object. This disposition \ shall be met in a proper spirit on our part. J he few | and comparatively unimportant questions that remain j to be adjusted between us, can, 1 have no doubt, be settled with entire-satisfaction and without difficulty. Between Russia and the United States, sentiments of good will continue to be mutually cherished. Our Minister recently accredited to that court, has been received w*ith a frankness and cordiality, and with evidences of respect for his country, which leave us no nj)m to doubt the preservation in future of those i amicable and liberal relations which have so long and I so uninterruptedly existed between the two countries. | On the;few subjects under discussion between us, ! an early and just decision is confidently anticipated. | A correspondence has been opened with the Gov ; eminent of Austria, for the establishment of dipioma ! tic relations, in conformity with the wishes of Con ; gress, as indicated by an appropriation act of the 1 session of 1837, and arrangements made for the pur pose, which will be duly oarried into effect f With Austria and Prussia, and with the States of the German Empire, now composing with the latter the commercial league, our political relations are of the most friendly character, whilst our commercial intercourse, is gradually extending, with benefit to all who are engaged in it. # Givil war yet rages in Spain, producing intense suffering to its o\vn people, and to other nations in convenience and regret. Our citizens who have claims upon that country will be prejudiced for a time by the condition of its Treasury, the inevitable consequence oJ long continued and exhausting inter nal wars. The last instalment of the inte*est of the debt due under the convention with the Queen of Spain, has not been paid; and similar failures may be expected to happen, until a portion of the resources of her kingdom cap be devoted to the extinguishment of its foreign debt- ? * Having received satisfactory evidence that dis criminating tonnage duties wore charged upon the vessels of the United States in the ports of Portugal, a proclamation waiiissued on the 1 1th day of October last, in compliance with the act of May 25, 1832. de claring that fact; trad the duties on foreign tonnage which were levied Upon Portuguese vessels in the United States, previously to the passage of that act, are accordingly revived. The act of July 4, 183G, suspending the - discrimi nating duties upon the produce of Portugal imported into this^ouorry in Portuguese vessels, was passed, upon the application of that Government, through its representative here, under the belief that no similar . discrimination, existed In Portugal to the prejudice of the United States. I regret to state, that such duties are now exacted in that country upon the cargoes of American vessels;.and as the act referred to vests no discretion in the ^Executive, it: is for Congress to de termine upon the expediency of further legislation on the subject. Against these discriminations, affecting the vessels of this country and their cargoes, season able remonstrance was made, and notice was given to the Portuguese Go /ernment, that unless they should be discontinued, the adoption of countervailing mea sures on the part of the United States would become necessary ; but the reply of that government, receiv ed at the" Department of State through -our Charge d' Affairs at Lisbon, in the month of September last, afforded no ground to hop6 for the abandonmeut of a system so little in harmony with the treatment shown to the vessels of Portugal and their cargoes in the ports of this country, and so contrary to the expectations we had a right to entertain. '? With Holland, Sweden, Denmark, Naples and Bel gium. a friendly intercourse has been uninterrupted ly maintained. Willi t he Government of the Ottoman Porte and its dependencies on the coast of the Mediterranean, peace and good will are carefully cultivated, and have been fostered by such good offices as the rela tive distance and the condition of those countries wcwild permit.- '? Ghtr commerce with Greece is carried on under the Jaws of the two Governments, reciprocally bene ficial to the navigating interests of both ; and I have reason to look forward to the adoption of other mea sures which will be more extensively and permanent ly advantageous. Copies ot the treaties concluded with the Govern ments of Siamand Muvcat are transmitted for the information of Congress, the ratifications having been received, and the treaties made public, since the close of the lost annual session. Already have we reason to congratulate ourselves on the prospect of considerable commercial benefit ; and we have, besides, received from the Sultan of Muscat prompt evidenee-of his desire. to cultivate the most friendly feelings, by liberal1 -Jicis towards one of our vessels, bestowed in a manner sostriking as to require on our part a grateful acknowledgment. Our commerce with the Inlands of Cuba and Porto Rico- still labors tfnde^teavy' restrictions, the contin uanceof which is a Subject of regret. The only ef fect of an adhetence t# them will be to benefit the ; nav igation of other countries, at the expense both of i the United States ahd Sjain. The independent- nations of this continent have, ! ever since they enierged from the colonial state, ex perienced severe trials in their progress to the per mortent establishment of liberal political institutions. Tteir unsettled condition not only interrupts their own advances to prosperity, but has often seriously injured ihe other powers of the world. The claims of our ciJizens upon Peru, Chili, Brazil, the Argen tine Republic* the Governments formed out of the Republics <&Cjak>mbia and Mexico, are still pending, although marfy of them have bee a presented for ex amination mors than twenty years. New Granada, Venezuela, and. Ecuador, have recently formed a I couvention for tlW purpose of ascertaining and ad justing claims upon >the Republic of Colombia, from | which it i*earnjp?tly hoped our citizens w. 11, ere long, j receive full compensation for the injuries origintlly ! inilicttd upon them, and for the delay in afford ing it. i An adva;.tageo<w treaty of commerce has been concluded by the United .States with the Peru-Boli i vian Confederation, which wants only the ratifica ; tion of that Government. The progress of a sub i sequent negotiation for the settlement of claims up ' on Peru, has been unfavorably affected by the war i between that power and Chili, and the Argentine j Republic ; and the same event is also likely to pro duce delay* in the settlement of our demands on those powers. _ ' The aggravating circumstances connected with ! onr claims upon Mexico, and a variety of events ' touching the honor and integrity of our Government, led ray predecessor lo make, at the second ression of the last Congress, a special recommendation of the course to be pursued to obtain a speedy and final [ satisfaction ot the injuries complained of by this Go vernment and by our citizens. He recommended a j final detnr.r.sl of redress, wiHi a contingent authority to the Executive to mak# reprisal*, if tliit demand j should be made in vain. From the proceedings of ( Congress on that recommendation, it appeared that 1 the opinion of both branches of the Legislature co incided with that of the Executive, that any mode ot redress known to the law of nations might justifi ably be used. It was obvious, tw, that Congress believed, with the President, that another demand should be made, in order to give undeniable and sat isfactory proof of our desire to avoid extremities with a neighboring power ; but that there was an indispo sition to vest n discretionary authority in the Execu tive to take redress, should it unfortunately be either denied or unreasonably delayed by the Mexican Go vernment, So soon as the necessary documents were prepared, after entering upon the duties of my Hiuce, a special messenger was sent to Mexico, to make a final demand of redress, with the documents required by the provisions of our treaty. The de mand was made on the 20th of July last. The reply, which bears date th? 2'Jth of the same month, con tains assurances of a desire on the part of that Go vernment, to give a prompt and explicit answer re specting each of the complainis, but that the exami nation of them would necessarily be deliberate ; that in this examination, it would be guided by the princi ples of public law and the obligation of treaties; that nothing should be left undone that might lead to the most speedy and equitable adjustment of our de mands ; and t hat its determination, in respect to each case, should be communicatcd through the Mexican Ministers here. Since that time, an Envoy Extraordinary and Mi nister Plenipotentiary has been accredited to this Government by that of the Mexican Republic. lie i brought with him assurances of a sincere desire that the pending differences between the two Govern ments should be terminated in a manner satisfactory to both. He was received with reciprocal assurances, and a hope was entertained that his mission would lead to a speedy, satisfactory, and final adjustment of all existing subjects of complaint. A sincere be liever in the wisdom of the pacific policy by which the United States have always been governed in their intercourse with 'foreign nations, it was my particular desire, from the proximity of the Mexican Republic, and well known occurrences on our fron- j tier, to be instrumental in obviating all existing diffi culties with that Government, and in restoring to the intercourse between the two Republics, that liberal and friendly character by which they should always be distingushed. I regret, therefore, the more deeply to have found in the recent communications of that Government so little reason to hope that any future efforts of mine for the accomplishment ol those de sirable objects would be successful. Although the l?rger number, and many of them aggravated cases of personal wrongs, have been now for years before the Me-ican Government, and some of the causes of national complaint, and those of the most offensive character, admitted of immediate, simple, and satisfactory replies, it is only within a few days past that any specific communication in answer to our last demand, made five months ago, has been received from the Mexican Minister. By the report of the Secretary of State, herewith presented, and the accompanying documents, it will be seen, that for not one of our public complaints has satis faction been given or offered ; that but one of the cases of personal wrong has been favorably con sidered ; and that but four cases of both descriptions, out of all those formally presented, and earnestly pressed, have as yet been decided upon by the Mexi can Government. .Not perceiving in what manner any of the powers given to the Executive alone could be farther usefully employed in bringing this unfortunate controversy to a satisfactory termination, the subject was by ray predecessor referred to Congress, as one calling for its interposition. In accordance with the clearly under- I stood wishes of the Legislature, another and formal demand for satisfaction has been made upon the Mexican Government, with what success the docu ments now communicated will show. On a careful and deliberate examination of their contents, and con sidering the spirit manifested by the Mexican Gov ernment, it has become my painful duty to return the subject, as it now stands, to Congress, to whom it belongs, to decide upon the time, the mode, and the measure of redress. Whatever may be your deci sion, it shall be faithfully executed, confident that it will be characterized by that moderation and justice which will, I trust, under all circumstances, govern the councils of our country. The balance in the Treasury on the first day of January, 1837, was forty-five millions nine hundred and sixty-eight thousand five hundred and twenty three dollars. The receipts during the present year from all sources, inciuding the amount of Treasury notes issued,, are estimated at twenty-three millions four hundred and ninety-nine thousand nine hundred and eighty-one dollars, constituting an aggregate of , sixty-nine millions four hundred and sixty-eight thousand five hundred and four dollars. Of this amoun% about thirty-five millions two hundred and I eighty-one thousand three hundred and sixty-one dollars will have been exijended at the end of the year on appropriations made by Congress ; and the residue, amounting to thirty-four millions one hundred and eighty-seven thousand one hundred and forty three dollars, will be the nominal balance in the Trea sury on the first of January next But of that sum, only one million eighty-five thousand four hundred and ninety-eight dollars is considered as immediately available fo?, and applicable to, public purposes. ? Those portions of it which wijl be for some time un available, consist chiefly of sums deposited with the States, and due from the former deposite banks. The details upon this subject will be found in the annual report of the Secretary of the Treasury. The amount o: Treasury notes, which it will be necessary to issue during the year, on account of those funds being unavailable, will, it is supposed, not exceed four and a halfmillions. It seemed proper in the condition of the country, to have the estimates on all subjects made as low as practicable, without prejudice to any great public measures. The Departments were, therefore, desired to prepare their estimates accord ingly ; and I am happy to find that they have been able to graduate them on so economical a scale. In the great and often unexpected fluctuation to which the revenue is subjected, it is not possible to compute the receipts before-hand with great certainty; but should they not differ essentially from present antici pations, and should the appropriations not much ex ceed the esti nates, no difficulty seems likely to hap pen in defraying the current expenses with prompti tude and fidelity. Not with standing the great embarrassments which have recently occurred in commercial affairs, an<t the liberal indulgence which, in conseouence of those embarrassments, has been extended to both the merchants and the banks, it is gratifying to be able to ?tnticipale that the Treasury notes, which have been issued during the present year, will be redeemed, and that the resources of the Treasury, without any re sort to loans or increased taxes, will prove ample for defraying all charges imposed on it during 1838. The Report of the Secretary of the Treasury will afford you a more mintxe exposition of all matters connected with the administration of the finances during the current year; a period which, for the amount of public moneys disbursed and deposited with the States, as well as the financial difficulties encountered and overcome, has few parallels in our history. Your attention was, at thj last session, invited to the necessity of additional legislative provisions in respect to the collection, safekeeping, and transfer of the public money. iNo law having been then ma tured, and not understanding the proceedings of Con gress as intended to be final, it becomes my duty a gain to bring the subject to your notice. On that occasion, three modes of performing this branch of the public service were presented for con sideration. These were : the creation of a national bank ; the revival, with modifications, of the deposite system established by the act of the 23d of June, 183fi, permitting the use of the puhlic moneys by the banks; ?tnd the discontinuance of the use of such institutions for the purposes referred to, with suitable provisions for their accomplishment through the agency of pub lic officers. Considering the opinions of both Houses of Congress on the two first propositions as expressed in the neg.itive, in which I entirely concur, it is un necessary for me again ro recur to them. In respect to the last, you have had an opportunity since your adjournment, not only to test still further the expedi ency <>f the measure, by the continued practical operation of such parts of it as are now in force, but also to discover ? what should ever be soujiit for and regarded with the utmost deference ? the opinions and wishes of the people. The national will is the supreme law of the Republic, and, on all subjects within the limits of his constitutional powers, should be faithfully obeyed by the public servant. Since the measure in*question was submited to your con sideration. most of you have enjoyed the advantage of personal communication with your constituents. For one State only has an election been held for the Federal Government ;but the early day at which it took place, deprives the measure under consideration of much of the support it might otherwise have de rived from i he result. Local elections for State offi cers have, however, been held in several of the states, at which the expediency of the plan proposed by the Executive has been more or less discussed. You will, 1 am confident, yield to their results the respect due to every expression of the public voice. Desiring, how ever, to arrive at truth and a just vitfw of the subject in all its bearings, you will at the same time remem ber, th it questions of for deeper and more immediate local interest, than the fiscal plans of the national Treasury, were involved in those elections. Above all, we cannot overlook the striking fact, that there were at the time in those States more than one hun dred and sixry millions of bank capital of which large portions vera subject to actual forfeiture? >Other large j portions ipheld only by special and limited legisla tive indugences ? and most of it, if not all, to a great- I er or lesi extent, dependent for a continuance of its corporat< existence upon the will of the State Legis latures tc be then chosen. Apprised of this circunf 8tance, y>u will iudgc whether it is not most proba ble that he peculiar condition of that vast interest in these reipects, the extent to which it has been spread througiull the ramifications of society, its direct con nection vith the then pending elections, and the feel ings ii wis calculated to infuse into the canvass, have exercisei a far greater influence over the rasult, than an\ which could possibly have been prcduced by a corflict of opinion in respect to a question in the administation of the General Government, more re mote anl far less important in its bearings upon that interest- . . I have found no reason to change my opinio i as to the exptdiency of adopting the system proposed, be ing perfectly satisfied that there will be neither sta bility ncr safety, either in the fiscal affairs of the Goverwnent, or in the pecuniary transactions of in dividuals and corporations, so long as a connection exis'.a between them, which, like the past, offers such strong inducements to make them the subjects of po litical agitation. Indeed, 1 am more than ever con vinced of the dangers to which the tree and unbiassed exercise of political opinion ? the only sure founda tion and safeguard of republican government ? would be e:posed by any further increase of the already overgrown influence ot corporate authorities. I can not therefore, consistently with my views of duty, advite a renewal of a connection which circumstan ces have dissolved. The discontinuance of the use of State banks?for fiscal purposes ought not to be regarded as a measure of hostility towards those institutions. Banks, pro perly established and conducted, are highly useful to the business of the country, and will doubtless con tinue to exist in the states, so long as they conform to their laws, and are found to be safe and beneficial. How they should be created, what privileges they should enjoy, under what responsibilities they should act, and to what restrictions they should be subject, are questions which, as I observed on a previous oc cas&f, belong to the States to decide. Upon their right*, or the exercise of them, the General Govern ment can b^ye no motive to encroach. Its duty to wards them rsv well performed, when it refrains from legislating for th^jr special benefit, because such le gislation would vibUte the spirit of the Constitution, and be unju3t to otVer interests ; when it takes no steps to impair their Usefulness, but so manages its own affairs as to make itihe interest of those institu tions to strengthen and improve their condition for the security and welfare of the community at large. They have no right to insist on a connection with the Federal Government, nor on the use of the public money lor their own benefit. The object of the measure under consideration is, to avoid for the fu ture a compulsory connection of this kind." It propos es to place the General Government, in regard to the essential points of the collection, safe-keeping, and transfer of the public money, in a situation which shall relieve it from all dependence on the will of ir responsible individuals or corporations ; to withdraw those moneys from the uses of private trade, and con fide them to agents constitutionally selected and con trolled by law ; to abstain from improper interfer ence wirh the industry of the people, and withhold inducements to improvident dealings on the part of individuals; to give stability to the concerns of the Treasury ; to preserve the measures of the Govern ment from the unavoidable reproaches that flow from such a connexion, and the banks themselves from the injurious effects of a supposed participation in the political conflicts of the day, from which they will otherwise find it difficult to escapz. These are my views upon this important subject ; formed after careful reflection, and with no desire but to arrive at what is most likely to promote the public interest. They are now, as they were before, sub m'tted with unfeigned deference lor the opinions of others. It was hardly to be hoped that changes so important, on a subject so interesting, could be made without producing a serious diversity of opinion; but so long as those conflicting views aie kept above the influence of individual or local interests ; so long as they pur*e only the general good, and are discussed with moderation and candor, such diversity is a bene fit, not an injury. If a majority of Congress see the public welfare in a different light; and more especial ly if they should be satisfied that the measure pro posed would not be acceptable to the people ; I shall look to their wisdom to substitute such as may be more conducive to the one, and more satisfactory to the other- In any event, they may confidently rely on my hearty co-operation to the fullest extent which my views of the Constitution and my sense of duty will permit. It is obviously important to this branch of the pub lic service, and to the business and quiet of the coun- | try, that the whole subject should in some way be set tled and regulated by law ; and, if possible, at your ? resent session. Besides the plans above referred to, am not aware that anyone has been suggested, ex cept that of keeping the public money in the State banks in special deposite. This plan is, to some ex tent, in accordance with the practice of the Govern ment, and With the present arrangement of the Treasury Department ; which, except, perhaps, du ring the operation of the late deposite act, has always been allowed, even during the existence of a Natic - al Bank, to make a temporary use of the State Banks, in particular places, for the safe keeping of portions of the revenue This discretionary power might be conti nued, if Congress deem it desirable, whatevergeneral system may be adopted So long as the connection is voluntary, we need perhaps anticipate few of those difficulties, and little ol thatdependence on the Banks, which must attend every such connection when com pulsory in its nature, and when so arranged as to make the banks a fixed part of the machinery of Gov ernment. It is undoubtedly i i the power of Con gress so to regulate and guard it as to prevent the public money from being applied to the use, or inter mingled with the affairs, of individuals. Thus ar ranged, although it would not give to the Government that entire com rol over its own funds which I desire to secure to it by the plan 1 have proposed, it would, it must be admitted, in a great degree accomplish one of the objects which has recommended that plan, to ray judgment ? the separation of the fiscal concerns of the Government from those of individuals or cor porations. With these observations, I recommend , the whole matter to your dispas ionate reflection ; I confidently hoping that some conclusion may be reached by your deliberations, which, on the one hand, shall give safety and stability to the fiscal ope rations of the Government, and be consistent on t he other, with the genius of our institutions, and with the interests and wishes of the great mass of our constituents. It was my hope, that nothing would occur to make necessary, on this occasion, any allusion to the late National Bank There are circumstances, however, connectcd with the present state of its affairs, that bear so directly on the character of the Government, and the welfare of the citizen, that I should not feel myself excused in neglecting to notice them. The charter, which terminated its banking privileges on the 4th of iMarch, 1836, continuing its corporaie pow ers two years more, for the sole purpose of closing its affairs, with authority to "use the corporate name, style, and capacity, for the purj?oseof suits for a final settlement and liquidation of the affairs and acts of the'eorporation, and for the sale and disj>osition of their estate, real, personal and mixed, but for no other purpose, or in any other manner whatsoever. Just before the banking privileges ceased, its effects were transferred by the bank to a new State institution, then recently incorporated, intrust, for the discharge of its debt*, and the settlement of its affairs. W ith this trustee, by authority of Congress, an adjustment was subsequently made of the large interest which the Government had in the stock of the institution. The manner in which a trust, unexpectedly created, upon the act granting the charter, and involving such great public interests, has been executed, would, un der any circumstances, be a fit subject of in quiry, but much more does it deserve your attention, when it embraces the redemption of obligations to which the authority and creditof the United States have givep value . The two years allowed are now nearly at an end. It is well understood that the trus tee has not redeemed and cancelled the out-standing notes of the bank, but has re-issued, and is actually re-issuing, since the 3rd of March. 1836, the notes which haw been received by it, to a vast amount Arcording to its own official statement, so late as the first of October last, nineteen months after the bank ing privileges given by the charter had expired, it had under its control uncancelled notes of the late Bank of the United States, to the amount of twenty seven millions' five hundred and sixty-one thousand eight hundred and sixty six dollars, of which six rail lions one hundred and seventy-five thousand eight hundred and sixty-one dollars were in actual circula tion; one miliion four hundred and sixty-eight thou sand six hundred and twenty-seven dollars at State Bank agencies; and three millions two thousand three hundred and ninety dollars in transitu; thus showing that upwards of ten millions and a half of the notes of the old bank were then still kept out standing- The impropriety of this procedure is ob vious : it being the duty of the trustee to cancel, and not to put forth the notes of an institution, whose con cerns it had undertaken to wind up If the trustee has a right to reissue these notes now, I can see no reason why it may not continue to do so after the expiration of the two years. As no one could have anticipated a course.so extraordinary, the prohibitory clause of the charter above quoted was not accom panied by any penalty or other special provision for enforcing it, nor have we any general law for the pre vention of similar actsin future. But it is not in this view of the subject alon? that your interposition is required. The United States, iu settling with the trustee for their stock, have with drawn their funds from their former direct liability to the creditors of the old bank, yet notes of the in stitution continue to be sent forth in its name, and apparently upon the authority of the United States. The transactions connected with the employment of the bills of the old bank are of vast extent; and should they result unfortunately, the interests of in dividuals may be deeply compromised. Without un dertaking to decide how far, or in what form, if any, the trustee could be made liable for notes which con tain no obligation on its part; or the old bank, for such as are put in circulation after the expiration of its charter, and without its authority ; or the Gov ernment for indemnity, in case of loss, the question still presses itself upon your consideration, whether it is consistent with duty and good faith on the part of the (Government to witness this proceeding without a single effort to arrest it. The report of the Commissioner of the General Land Office, which will be laid before yon by the Secretary of the Treasury, will show how the af fairs of" that office have been conducted for the past year. The disposition of the public lands is one of the most important trusts confided to Congress. The practicability of retaining the title and control of such" extensive domains in the Goneral Government, and at the same time admitting the Territories embracing them into the Federal Union as co-equals with the original States, was* seriously iloubted by many of our wisest statesmen. All feared that they would become a source of discord, and many carried their apprehensions so far as to see in them the seeds of a future dissolution of the Confederacy. But happily, our experience has already been sufficient to quiet, in a great degree, all such apprehensions. The posi tion, at one time assumed ? that the admission of new States into the Union on the same footing with, the original States, was incompatible with a right of *oiI in the United Sta:es, and operated as a surrender thereof, notwithstanding the terms of the compacts by which their admission was designed to be regula ted ? has been wisely abandoned. Whether in the new or the old States, all now agree that the right of soil to the public lands remains in the Federal Gov ernment, and that these la ids constitute a common 1 property, to be disposed of for the oomtnofi benefit of all the States, old ?nd new. Acquiescence in this just principle by the people of the new Sit'ates, has naturally promoted a disposition to ad"opt the most liberal policy in the sale of the public lands. A po licy which should be limited to the mere object of celling the lands for the greatest possible cum of mo ney, without regard to higher considerations, finds but few advocates. On the contrary, it is generally conceded, that whilst the mode of disposition adopted by the Government should always be a prudent one, yet its leading object ought to be the early settlement and cultivation of the lands sold ; and that it should discountenance, if it cannot prevent, the accumula tion of large tracts in the same hands, which must necessarily retard the growth of the new States, or entail upon them a dependant tenantry, and its at tendant evils A question embracing such important interests, and so well calculated to enlist the feelings of the peonle in every quarter of the Union, has very nat urally given rise to numerous plans for the improve ment of the existing system. The distinctive fea tures of the policy that has hitherto prevailed, are to dispose of the public lands at moderate prices, thus enabling a great number to enter into competition for their purchase, and accomplishing a double ob ject of promoting their rapid settlement by the pur chasers, and at the same time increasing the receipts ofthe Treasury ; to sell for cash, thereby preventing the disturbing influence of a large moss of private citizens indebted to the Government, which they have a voice in controlling; to bring them into market no faster than good lands are supposed to be wanted for improvements, thereby preventing the accumula tion 01 large tracts in few hands; and to apply the proceeds of the sales to the general purposes of the Government; thus diminishing the amount to bo raised from the people of the States by taxation, and giving each State its proportion of the benefits to be derived from this common fund in a manner the most equitable that can be devised These provisions, with occasional enactments in behalf of special inter ests deemed entitled to the favor of the Government, have, in their execution, produced results as benefi cial upon the whole, as could be reasonably expect ed in a matter so vast, so complicated and so exciting Upwards of seventy millions of acres have been sold, the greater part of which is believed to have been purchased for actual settlement. The popula tion of the new States and 1 erritories created out of the public domain, increased between 1800 and 1830 from less than sixty thousand to upwards Of two millions three hundred thousand souls, constituting at the latter period about one fifth of the whole people of the United States. The increase since cannot be accurately known, but the whole may now be safely estimated at over three and a half millions of souls : composing nine States, the representathf es of which constitute above one-third of the Senate, and over one-sixth of the House of Representatives of the United States Thus has been formed a body of free and inde pendent landholders, with a rapidity Unequalled ;n the history of mankind; and this great result has been produced without leaving any thing lor, future adjustment between the Government and its citizens. The system under which so much has been ac complished cannot be intrinsically bad, and with occasional modifications, to correct abuses and adapt it to changes of circumstances, may, I think, be safe ly trusted for the future. There is, in the manage ment of such extensive interests, much virtue anil stability; and although great and obvious improve ments should not be declined, changes should never be made 'without the fullest examination, > and the clearest demonstration of their practical utility. In the his'ory of the past, we have an assurance that this safe rule of action will not be departed from in rela tion to the public lands; nor is it believed that any ne cessity exists for interfering with the fundamental principles of the system, or that the public mind, even in the new States, is desirous of any radical altera tions. On the contrary, the general disposition ap pears to be, to make such modificat ons and additions only as will the more effectually carry out the ori ginal policy of filling our new States and Territories with an industrious and independent population. The modification most perseveringly pressed upon Congress, which has occupied so much of its time lor years past, and will probably do so for a long time to come, if not sooner satisfactorily adiusted, is a reduc tion in the cost of such portions of ine public lands as are ascertained to be unsaleable at the rournow estab lished by low, and a graduation, according :o their relative value, of the prices at which they may .here after be sold. It is worthy of consideration whether justice may not be done to every interest' in this mat ter, and a vexed question set at rest, perhaps forever, by a reasonable compromise of conflicting opinions. Hitherto, after being offered at public sale^ lands have been disposed of at one uniform price, whatever dif ference there might be in their intrinsic Value The leading considerations urged in favor of the measure' referred to are, that in almost all the land districts, and particularly in tho^e in which the lands havo been long surveyed and exposed to sale, there an still remaining numerous and large tracts of every gradation of value, from the (Jovernment price down wards ; that these lands will not be purchased at the Government price, so long as better can be conveni ently obtained for the same amount; that, there are large tracts which even the improvertieVlts of the adjacent lands will never raise to that prictf^ and that the present uniform price, combined with their irregu lar value, operates to prevent a durable compactness of settlement in the new States, and to retard the full developement of that wise policy on whi^h our land system is founded, to the injury not only^bf the seve ral States where the lands lie, but ofthe United States as a whole. The remedy proposed has beeD a reduc tion of prices according to the length oftime the lands have been in market, without refer ence to any other circumstances. The cer taitity that the efflux of time would not always in such cases, and perhaps not even generally, r nish a true criterion of value ; and the probability that persons residing in the vicinity, as the period for the reduction of prices approached, would postpone pur chases they would otherwise make, for the purpose of availing themselves of the lower price, with other considerations of a similar character, have hitherto been successfully urged to defeat the graduation upon time. May not all reasonable desires upon this subject be satisfied without encountering any of these objections ? All will concede the abstract principle, that the price of the pub lic lands should be proportioned to their relative value, so far as that can be accom plished without departing from the rule here tofore observed, requiring fixed prices in cases of private entries. The difficulty of the subject seems to lie in the mode of ascer taining what that value is. Would not the safest 'plan be that which has been adopted by many of tije States as the basis of taxa tion an actual valuation of lands* and clas sification of them info different rates? Would it not be practicable and expedient to cause the relative value of the public lands in the old districts, which have been for a certain length of time in market, to be appraised, and classed into two or more rates below the present minimum price, by the officers now employed in this branch of the public service, or in any other mode deemed preferable, and to make those prices permanent, if upon the coining in of the report they shall prove sat isfactory to Congress? Cannot all the ob jects of graduation be accomplished in this way, and the objections which have hitherto been urged against it avoided ? It would seem to ine that such a step, with a restris tion of the sales to limited quantities, and for actual improvement, would be free from all just exception. j By the full exposition of the value of the lands thus furnished and extensively promul gated, persons living at a distance would b* informed of their true condition, and enabled to enter into competition with those residing | in the vicinity; the means of acquiring an independent home would be brought within the reach of many who are unable to pur chase at present prices; the population of the new States would be made more com pact, and large tracts would be sold which would otherwise remain on hand'; not only would the land be brought within the means of a larger number of purchasers, but many persons possessed of greater means would be content to settle on a larger quan tity of the poorer lands, rather than em igrate further west in pursuit of a smaller quantity of better lands. Such a measure would also seem to be more consistent withr the policy of the existing laws ? that of con verting the public domain into cultivated j farms owned by their occupants. That pol icy is not best promoted by sending emigra tion up the almost interminable streams of the West, to occupy in groups the best spots of land, leaving immense wastes behind them, and enlarging the frontier beyond the means of the Government to afford it adequate pro tection; but in encouraging it to occupy, with reasonable denseness, the territory oVer which it advances, and find its best defence in the compact front which it presents to the Indian tribes. Many . of you will bring to the consideration of the subject the advantages of local knowledge and greater experience, and all will be desirous of making an early and final disposition of every disturbing question in regard to this important interest. If these suggestions shall in any degree contribute t o? the accomplishment of so important a result, it will afford me sincere satisfaction. In some sections of the country, most of the public lands have been sold, and the* registers and receivers have very little to do. It is a subject worthy of inquiry whether; in many cases, two or more districts may not be consolidated, and the number of persons em ployed in this business considerably reduced. Indeed, the time will come when it will be the true policv of the General Government as to some of the States, to transfer to them, for a reasonable equivalent, all therefuse and unsold lands, and to withdraw the machinery of the federal land offices altogether. All who take a comprehensive view of our federal system, and believe that one of its greatest excellencies consists in interfering as little a? possible with the internal concerns of the States, look forward with great interest this result. A modification of the existing laws in re spect to the prices of the public lands, might also have a favorable influence on the legis lation of Congress, in relation to another branch of the subject. Many who have not the ability to buy at present prices, settle on those lands, with the hope of acquiring from 1 their cultivation the means of purchasing I under pre-emption laws, from time to time passed by Congress. For this encroachment on the rights of the United States, they ex cuse themselves under the plea of their own necessities; the fact that they dispossess no body, and only enter upon the waste domain ; that they give' additional value to the public lands in their vicinity, and their intention ultimatelv to pay the Government pnee. So much weight has from lime to time been at tached to these considerations, that Congress have passed laws giving actual settlers on the public lands a right of pre-emption to the tracts occupied by them at the minimum price. These laws have in all instances been retrospective in their operation ; butin a few years after their passage, crowds of new settlers have been found on the public lands, for similar reasons, and under like ex pectations, who have been indulged with the game privileges. This course of legislation tends to impair public respect for the laws of the country. Either the laws to prevent intrusion upon the public lands should b? executed, or, if that should be impracticable or inexpedient, they should be modified or repealed. If the public lands are to be con sidered as open to be occupied by any, they should, bylaw, be thrown open to all. That which is intended, in all instances, to be legalized, should at once be made legal, that those who are disposed to conform to the laws may enjoy at least equal privileges with those who are not. But it is not be lieved to be the disposition of Congress to open the public lands to occupancy without, regular entries and payment of the Govern-, ment price, as such a course must tend ta worse evils than the credit system, which it was found necessary to abolish: It would seem, therefore, to be the part of wisdom and sound policy to remove, as far as^practi cable, the causes which produce intrusions upon the public lands, and then take?pcieot steps to prevent them in future. Would. any single measure be so effective in removing all plausible grounds for those intrusions as the graduation of price already suggested . A short period of industry and economy in any part of our country, would enable the poorest citizen to accumulate the means to buy him a home at the lower prices, and leave him without apology for settling on ands not his own. If he did not, nnder such circumstances, he would enlist no in his favor; and the laws would be readily executed, Without doing violence to pub liC4OI|arg0enportion of our citizens have seated themselves^ the public an s wuhou.au thnritv since the passage of the last pre emption law, and now ask the enactment of another to enable them to retam the lands occupied, upon payment of the mmimum government price. They ask that wh.ch has been repeatedly granted before. If the tu ture may be judged by the past, little harm can be done to the interests of the Treasury by yielding to their request. Upon a criti cal examination, it is. found that the lands sold at the public sales since- the introduc tion of cash payments in 1820, have produced, on an average, the nett revenue of only six Cfents an acre more than the minimum gov ernment price. There is no reason to sup pose that future sales will be more produc tive. The government, therefore, has no adequate pecuniary interest to induce it to drive these jieoplc from the lands they occu py, for the purpose of selling them to ^Ujers.