Part 26

I transmit, in compliance with a resolution of the House of Representatives of the 11th instant, reports from the Secretaries of State, Treasury, and War, with the documents referred to by them respectively. It will be seen that the outrage committed on the steamboat _Sir Robert Peel_, under the British flag, within the waters of the United States, and on the steamboat _Telegraph_, under the American flag, at Brockville, in Upper Canada, have not been followed by any demand by either Government on the other for redress. These acts have been so far treated on each side as criminal offenses committed within the jurisdiction of tribunals competent to inquire into the facts and to punish the persons concerned in them. Investigations have been made, some of the individuals inculpated have been arrested, and prosecutions are in progress, the result of which can not be doubted. The excited state of public feeling on the borders of Canada on both sides of the line has occasioned the most painful anxiety to this Government. Every effort has been and will be made to prevent the success of the design, apparently formed and in the course of execution by Canadians who have found a refuge within the territory, aided by a few reckless persons of our own country, to involve the nation in a war with a neighboring and friendly power. Such design can not succeed while the two Governments appreciate and confidently rely upon the good faith of each other in the performance of their respective duties. With a fixed determination to use all the means in my power to put a speedy and satisfactory termination to these border troubles, I have the most confident assurances of the cordial cooperation of the British authorities, at home and in the North American possessions, in the accomplishment of a purpose so sincerely and earnestly desired by the Governments and people both of the United States and Great Britain.

M. VAN BUREN.

WASHINGTON, _June 28, 1838_.

_To the House of Representatives of the United States_:

In compliance with a resolution passed by the House of Representatives on the 23d instant, in respect to the new Treasury building, I submit the inclosed report from the commissioners charged with a general superintendence of the work, and which, with the documents annexed, is believed to contain all the information desired.

M. VAN BUREN.

WASHINGTON, _June 28, 1838_.

_To the Senate of the United States_:

I nominate Lieutenant-Colonel Thayer, of the Corps of Engineers, for the brevet of colonel in the Army, agreeably to the recommendation of the Secretary of War.

M. VAN BUREN.

WAR DEPARTMENT, _June 28, 1838_.

The PRESIDENT OF THE UNITED STATES.

SIR: In submitting the name of Brevet Lieutenant-Colonel S. Thayer, of the Corps of Engineers, for the brevet of colonel for ten years' faithful service in one grade it may be proper to state the circumstances of his case.

When the law of 1812 regulating brevets was repealed by the act of June 30, 1834, all the officers of the Army who were known to be entitled to the ordinary brevet promotion for ten years' faithful service in one grade received on that day, by and with the advice and consent of the Senate, the brevet promotion to which they were respectively entitled. The regulation which governed the subject under the law had reference only to service with regularly organized bodies of troops, and valid claims arising under it were generally known and easily understood at the Adjutant-General's Office. If incidental cases occurred for which the written regulations could not provide the rule, although equally valid, such, nevertheless, may not in every instance have been known at the War Department until specially represented by the party interested. The case of Brevet Lieutenant-Colonel Thayer happened to be one of those incidental claims, and as soon as it was submitted for consideration its validity was clearly seen and acknowledged. Had it been submitted to the Department when the list was made out in June, 1834, it may not be doubted that this highly meritorious and deserving officer would at the time have received the brevet of colonel for "having served faithfully as brevet lieutenant-colonel and performed the appropriate duties of that grade for ten years," which, it may be seen, was due more than _a year before the passage of the act repealing the law_.

In presenting now this deferred case for your favorable consideration justice requires that I should advert to the valuable services rendered to the Army and the country by Lieutenant-Colonel Thayer as Superintendent of the Military Academy at West Point. In 1817 he found that institution defective in all its branches, and without order; in 1833 he left it established upon a basis alike honorable to himself and useful to the nation. These meritorious services constitute _another_ claim which entitles this officer to the notice of the Government, and as they come fairly within one of the conditions of the law which yet open the way to brevet promotion, the incentive it provides is fully realized by the services that have been rendered.

I am, sir, with great respect, your obedient servant,

J.R. POINSETT.

WASHINGTON, _July 2, 1838_.

_To the House of Representatives of the United States_:

I herewith transmit to the House of Representatives a report[36] from the Secretary of State, together with the documents therein referred to in answer to their resolution of the 28th of May last.

M. VAN BUREN.

[Footnote 36: Transmitting reports of the commissioners appointed under the sixth and seventh articles of the treaty of Ghent to ascertain and fix the boundary between the United States and the British possessions in North America, etc.]

WASHINGTON, _July 3, 1838_.

_To the House of Representatives of the United States_:

I transmit a report from the War Department, in relation to the investigations of the allegations of fraud committed on the Creek Indians in the sales of their reservations authorized by the resolution of that body of the 1st of July, 1836.

M. VAN BUREN.

WASHINGTON, _July 4, 1838_.

_To the House of Representatives of the United States_:

In further compliance with the resolution of the House of Representatives of the 21st of March last, requesting papers on the subject of the relations between the United States and Mexico, I transmit a report from the Secretary of State, to whom the resolution was referred, supplementary to the report of that officer communicated with my message to the House of Representatives of the 27th of April last.

M. VAN BUREN.

WASHINGTON, _July 7, 1838_.

The PRESIDENT OF THE SENATE.

SIR: In conformity with the resolution of the Senate, I transmit herewith the report of Major-General Jesup,[27] together with a letter from the Secretary of War.

M. VAN BUREN.

[Footnote 37: Relating to operations while commanding the army in Florida.]

PROCLAMATIONS.

[From Statutes at Large (Little, Brown & Co.), Vol XI, p. 784.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas information having been received of a dangerous excitement on the northern frontier of the United States in consequence of the civil war begun in Canada, and instructions having been given to the United States officers on that frontier and applications having been made to the governors of the adjoining States to prevent any unlawful interference on the part of our citizens in the contest unfortunately commenced in the British Provinces, additional information has just been received that, notwithstanding the proclamations of the governors of the States of New York and Vermont exhorting their citizens to refrain from any unlawful acts within the territory of the United States, and notwithstanding the presence of the civil officers of the United States, who by my directions have visited the scenes of commotion with a view of impressing the citizens with a proper sense of their duty, the excitement, instead of being appeased, is every day increasing in degree; that arms and munitions of war and other supplies have been procured by the insurgents in the United States; that a military force, consisting in part, at least, of citizens of the United States, had been actually organized, had congregated at Navy Island, and were still in arms under the command of a citizen of the United States, and that they were constantly receiving accessions and aid:

Now, therefore, to the end that the authority of the laws may be maintained and the faith of treaties observed, I, Martin Van Buren, do most earnestly exhort all citizens of the United States who have thus violated their duties to return peaceably to their respective homes; and I hereby warn them that any persons who shall compromit the neutrality of this Government by interfering in an unlawful manner with the affairs of the neighboring British Provinces will render themselves liable to arrest and punishment under the laws of the United States, which will be rigidly enforced; and, also, that they will receive no aid or countenance from their Government, into whatever difficulties they may be thrown by the violation of the laws of their country and the territory of a neighboring and friendly nation.

[SEAL.]

Given under my hand, at the city of Washington, the 5th day of January, A.D. 1838, and the sixty-second of the Independence of the United States.

M. VAN BUREN.

By the President: JOHN FORSYTH, _Secretary of State_.

[From Statutes at Large (Little, Brown & Co.), Vol. XI, p. 785.]

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas there is too much reason to believe that citizens of the United States, in disregard to the solemn warning heretofore given to them by the proclamations issued by the Executive of the General Government and by some of the governors of the States, have combined to disturb the peace of the dominions of a neighboring and friendly nation; and

Whereas information has been given to me, derived from official and other sources, that many citizens in different parts of the United States are associated or associating for the same purpose; and

Whereas disturbances have actually broken out anew in different parts of the two Canadas; and

Whereas a hostile invasion has been made by citizens of the United States, in conjunction with Canadians and others, who, after forcibly seizing upon the property of their peaceful neighbor for the purpose of effecting their unlawful designs, are now in arms against the authorities of Canada, in perfect disregard of their obligations as American citizens and of the obligations of the Government of their country to foreign nations:

Now, therefore, I have thought it necessary and proper to issue this proclamation, calling upon every citizen of the United States neither to give countenance nor encouragement of any kind to those who have thus forfeited their claim to the protection of their country; upon those misguided or deluded persons who are engaged in them to abandon projects dangerous to their own country, fatal to those whom they profess a desire to relieve, impracticable of execution without foreign aid, which they can not rationally expect to obtain, and giving rise to imputations (however unfounded) upon the honor and good faith of their own Government; upon every officer, civil or military, and upon every citizen, by the veneration due by all freemen to the laws which they have assisted to enact for their own government, by his regard for the honor and reputation of his country, by his love of order and respect for the sacred code of laws by which national intercourse is regulated, to use every effort in his power to arrest for trial and punishment every offender against the laws providing for the performance of our obligations to the other powers of the world. And I hereby warn all those who have engaged in these criminal enterprises, if persisted in, that, whatever may be the condition to which they may be reduced, they must not expect the interference of this Government in any form on their behalf, but will be left, reproached by every virtuous fellow-citizen, to be dealt with according to the policy and justice of that Government whose dominions they have, in defiance of the known wishes of their own Government and without the shadow of justification or excuse, nefariously invaded.

[SEAL.]

Given under my hand, at the city of Washington, the 21st day of November, A.D. 1838, and the sixty-third of the Independence of the United States.

M. VAN BUREN.

By the President: JOHN FORSYTH, _Secretary of State_.

SECOND ANNUAL MESSAGE.

WASHINGTON, _December 3, 1838_.

_Fellow-Citizens of the Senate and House of Representatives_:

I congratulate you on the favorable circumstances in the condition of our country under which you reassemble for the performance of your official duties. Though the anticipations of an abundant harvest have not everywhere been realized, yet on the whole the labors of the husbandman are rewarded with a bountiful return; industry prospers in its various channels of business and enterprise; general health again prevails through our vast diversity of climate; nothing threatens from abroad the continuance of external peace; nor has anything at home impaired the strength of those fraternal and domestic ties which constitute the only guaranty to the success and permanency of our happy Union, and which, formed in the hour of peril, have hitherto been honorably sustained through every vicissitude in our national affairs. These blessings, which evince the care and beneficence of Providence, call for our devout and fervent gratitude.

We have not less reason to be grateful for other bounties bestowed by the same munificent hand, and more exclusively our own.

The present year closes the first half century of our Federal institutions, and our system, differing from all others in the acknowledged practical and unlimited operation which it has for so long a period given to the sovereignty of the people, has now been fully tested by experience.

The Constitution devised by our forefathers as the framework and bond of that system, then untried, has become a settled form of government; not only preserving and protecting the great principles upon which it was founded, but wonderfully promoting individual happiness and private interests. Though subject to change and entire revocation whenever deemed inadequate to all these purposes, yet such is the wisdom of its construction and so stable has been the public sentiment that it remains unaltered except in matters of detail comparatively unimportant. It has proved amply sufficient for the various emergencies incident to our condition as a nation. A formidable foreign war; agitating collisions between domestic, and in some respects rival, sovereignties; temptations to interfere in the intestine commotions of neighboring countries; the dangerous influences that arise in periods of excessive prosperity, and the antirepublican tendencies of associated wealth--these, with other trials not less formidable, have all been encountered, and thus far successfully resisted.

It was reserved for the American Union to test the advantages of a government entirely dependent on the continual exercise of the popular will, and our experience has shown that it is as beneficent in practice as it is just in theory. Each successive change made in our local institutions has contributed to extend the right of suffrage, has increased the direct influence of the mass of the community, given greater freedom to individual exertion, and restricted more and more the powers of Government; yet the intelligence, prudence, and patriotism of the people have kept pace with this augmented responsibility. In no country has education been so widely diffused. Domestic peace has nowhere so largely reigned. The close bonds of social intercourse have in no instance prevailed with such harmony over a space so vast. All forms of religion have united for the first time to diffuse charity and piety, because for the first time in the history of nations all have been totally untrammeled and absolutely free. The deepest recesses of the wilderness have been penetrated; yet instead of the rudeness in the social condition consequent upon such adventures elsewhere, numerous communities have sprung up, already unrivaled in prosperity, general intelligence, internal tranquillity, and the wisdom of their political institutions. Internal improvement, the fruit of individual enterprise, fostered by the protection of the States, has added new links to the Confederation and fresh rewards to provident industry. Doubtful questions of domestic policy have been quietly settled by mutual forbearance, and agriculture, commerce, and manufactures minister to each other. Taxation and public debt, the burdens which bear so heavily upon all other countries, have pressed with comparative lightness upon us. Without one entangling alliance, our friendship is prized by every nation, and the rights of our citizens are everywhere respected, because they are known to be guarded by a united, sensitive, and watchful people.

To this practical operation of our institutions, so evident and successful, we owe that increased attachment to them which is among the most cheering exhibitions of popular sentiment and will prove their best security in time to come against foreign or domestic assault.

This review of the results of our institutions for half a century, without exciting a spirit of vain exultation, should serve to impress upon us the great principles from which they have sprung--constant and direct supervision by the people over every public measure, strict forbearance on the part of the Government from exercising any doubtful or disputed powers, and a cautious abstinence from all interference with concerns which properly belong and are best left to State regulations and individual enterprise.

Full information of the state of our foreign affairs having been recently on different occasions submitted to Congress, I deem it necessary now to bring to your notice only such events as have subsequently occurred or are of such importance as to require particular attention.

The most amicable dispositions continue to be exhibited by all the nations with whom the Government and citizens of the United States have an habitual intercourse. At the date of my last annual message Mexico was the only nation which could not be included in so gratifying a reference to our foreign relations.

I am happy to be now able to inform you that an advance has been made toward the adjustment of our differences with that Republic and the restoration of the customary good feeling between the two nations. This important change has been effected by conciliatory negotiations that have resulted in the conclusion of a treaty between the two Governments, which, when ratified, will refer to the arbitrament of a friendly power all the subjects of controversy between us growing out of injuries to individuals. There is at present also reason to believe that an equitable settlement of all disputed points will be attained without further difficulty or unnecessary delay, and thus authorize the free resumption of diplomatic intercourse with our sister Republic.

With respect to the northeastern boundary of the United States, no official correspondence between this Government and that of Great Britain has passed since that communicated to Congress toward the close of their last session. The offer to negotiate a convention for the appointment of a joint commission of survey and exploration I am, however, assured will be met by Her Majesty's Government in a conciliatory and friendly spirit, and instructions to enable the British minister here to conclude such an arrangement will be transmitted to him without needless delay. It is hoped and expected that these instructions will be of a liberal character, and that this negotiation, if successful, will prove to be an important step toward the satisfactory and final adjustment of the controversy.

I had hoped that the respect for the laws and regard for the peace and honor of their own country which have ever characterized the citizens of the United States would have prevented any portion of them from using any means to promote insurrection in the territory of a power with which we are at peace, and with which the United States are desirous of maintaining the most friendly relations. I regret deeply, however, to be obliged to inform you that this has not been the case. Information has been given to me, derived from official and other sources, that many citizens of the United States have associated together to make hostile incursions from our territory into Canada and to aid and abet insurrection there, in violation of the obligations and laws of the United States and in open disregard of their own duties as citizens. This information has been in part confirmed by a hostile invasion actually made by citizens of the United States, in conjunction with Canadians and others, and accompanied by a forcible seizure of the property of our citizens and an application thereof to the prosecution of military operations against the authorities and people of Canada.

The results of these criminal assaults upon the peace and order of a neighboring country have been, as was to be expected, fatally destructive to the misguided or deluded persons engaged in them and highly injurious to those in whose behalf they are professed to have been undertaken. The authorities in Canada, from intelligence received of such intended movements among our citizens, have felt themselves obliged to take precautionary measures against them; have actually embodied the militia and assumed an attitude to repel the invasion to which they believed the colonies were exposed from the United States. A state of feeling on both sides of the frontier has thus been produced which called for prompt and vigorous interference. If an insurrection existed in Canada, the amicable dispositions of the United States toward Great Britain, as well as their duty to themselves, would lead them to maintain a strict neutrality and to restrain their citizens from all violations of the laws which have been passed for its enforcement. But this Government recognizes a still higher obligation to repress all attempts on the part of its citizens to disturb the peace of a country where order prevails or has been reestablished. Depredations by our citizens upon nations at peace with the United States, or combinations for committing them, have at all times been regarded by the American Government and people with the greatest abhorrence. Military incursions by our citizens into countries so situated, and the commission of acts of violence on the members thereof, in order to effect a change in their government, or under any pretext whatever, have from the commencement of our Government been held equally criminal on the part of those engaged in them, and as much deserving of punishment as would be the disturbance of the public peace by the perpetration of similar acts within our own territory.