Part 44

Governor Call was subsequently appointed to conduct a summer campaign, and at the close of it was replaced by General Jesup. These events and changes took place under the Administration of my predecessor. Notwithstanding the exertions of the experienced officers who had command there for eighteen months, on entering upon the administration of the Government I found the Territory of Florida a prey to Indian atrocities. A strenuous effort was immediately made to bring those hostilities to a close, and the army under General Jesup was reenforced until it amounted to 10,000 men, and furnished with abundant supplies of every description. In this campaign a great number of the enemy were captured and destroyed, but the character of the contest only was changed. The Indians, having been defeated in every engagement, dispersed in small bands throughout the country and became an enterprising, formidable, and ruthless banditti. General Taylor, who succeeded General Jesup, used his best exertions to subdue them, and was seconded in his efforts by the officers under his command; but he too failed to protect the Territory from their depredations. By an act of signal and cruel treachery they broke the truce made with them by General Macomb, who was sent from Washington for the purpose of carrying into effect the expressed wishes of Congress, and have continued their devastations ever since. General Armistead, who was in Florida when General Taylor left the army by permission, assumed the command, and after active summer operations was met by propositions for peace, and from the fortunate coincidence of the arrival in Florida at the same period of a delegation from the Seminoles who are happily settled west of the Mississippi and are now anxious to persuade their countrymen to join them there hopes were for some time entertained that the Indians might be induced to leave the Territory without further difficulty. These hopes have proved fallacious and hostilities have been renewed throughout the whole of the Territory. That this contest has endured so long is to be attributed to causes beyond the control of the Government. Experienced generals have had the command of the troops, officers and soldiers have alike distinguished themselves for their activity, patience, and enduring courage, the army has been constantly furnished with supplies of every description, and we must look for the causes which have so long procrastinated the issue of the contest in the vast extent of the theater of hostilities, the almost insurmountable obstacles presented by the nature of the country, the climate, and the wily character of the savages.

The sites for marine hospitals on the rivers and lakes which I was authorized to select and cause to be purchased have all been designated, but the appropriation not proving sufficient, conditional arrangements only have been made for their acquisition. It is for Congress to decide whether these conditional purchases shall be sanctioned and the humane intentions of the law carried into full effect.

The Navy, as will appear from the accompanying report of the Secretary, has been usefully and honorably employed in the protection of our commerce and citizens in the Mediterranean, the Pacific, on the coast of Brazil, and in the Gulf of Mexico. A small squadron, consisting of the frigate _Constellation_ and the sloop of war _Boston_, under Commodore Kearney, is now on its way to the China and Indian seas for the purpose of attending to our interests in that quarter, and Commander Aulick, in the sloop of war _Yorktown_, has been instructed to visit the Sandwich and Society islands, the coasts of New Zealand and Japan, together with other ports and islands frequented by our whale ships, for the purpose of giving them countenance and protection should they be required. Other smaller vessels have been and still are employed in prosecuting the surveys of the coast of the United States directed by various acts of Congress, and those which have been completed will shortly be laid before you.

The exploring expedition at the latest date was preparing to leave the Bay of Islands, New Zealand, in further prosecution of objects which have thus far been successfully accomplished. The discovery of a new continent, which was first seen in latitude 66 deg. 2' south, longitude 154 deg. 27' east, and afterwards in latitude 66 deg. 31' south, longitude 153 deg. 40' east, by Lieutenants Wilkes and Hudson, for an extent of 1,800 miles, but on which they were prevented from landing by vast bodies of ice which encompassed it, is one of the honorable results of the enterprise. Lieutenant Wilkes bears testimony to the zeal and good conduct of his officers and men, and it is but justice to that officer to state that he appears to have performed the duties assigned him with an ardor, ability, and perseverance which give every assurance of an honorable issue to the undertaking.

The report of the Postmaster-General herewith transmitted will exhibit the service of that Department the past year and its present condition. The transportation has been maintained during the year to the full extent authorized by the existing laws; some improvements have been effected which the public interest seemed urgently to demand, but not involving any material additional expenditure; the contractors have generally performed their engagements with fidelity; the postmasters, with few exceptions, have rendered their accounts and paid their quarterly balances with promptitude, and the whole service of the Department has maintained the efficiency for which it has for several years been distinguished.

The acts of Congress establishing new mail routes and requiring more expensive services on others and the increasing wants of the country have for three years past carried the expenditures something beyond the accruing revenues, the excess having been met until the past year by the surplus which had previously accumulated. That surplus having been exhausted and the anticipated increase in the revenue not having been realized owing to the depression in the commercial business of the country, the finances of the Department exhibit a small deficiency at the close of the last fiscal year. Its resources, however, are ample, and the reduced rates of compensation for the transportation service which may be expected on the future lettings from the general reduction of prices, with the increase of revenue that may reasonably be anticipated from the revival of commercial activity, must soon place the finances of the Department in a prosperous condition.

Considering the unfavorable circumstances which have existed during the past year, it is a gratifying result that the revenue has not declined as compared with the preceding year, but, on the contrary, exhibits a small increase, the circumstances referred to having had no other effect than to check the expected income.

It will be seen that the Postmaster-General suggests certain improvements in the establishment designed to reduce the weight of the mails, cheapen the transportation, insure greater regularity in the service, and secure a considerable reduction in the rates of letter postage--an object highly desirable. The subject is one of general interest to the community, and is respectfully recommended to your consideration.

The suppression of the African slave trade has received the continued attention of the Government. The brig _Dolphin_ and schooner _Grampus_ have been employed during the last season on the coast of Africa for the purpose of preventing such portions of that trade as were said to be prosecuted under the American flag. After cruising off those parts of the coast most usually resorted to by slavers until the commencement of the rainy season, these vessels returned to the United States for supplies, and have since been dispatched on a similar service.

From the reports of the commanding officers it appears that the trade is now principally carried on under Portuguese colors, and they express the opinion that the apprehension of their presence on the slave coast has in a great degree arrested the prostitution of the American flag to this inhuman purpose. It is hoped that by continuing to maintain this force in that quarter and by the exertions of the officers in command much will be done to put a stop to whatever portion of this traffic may have been carried on under the American flag and to prevent its use in a trade which, while it violates the laws, is equally an outrage on the rights of others and the feelings of humanity. The efforts of the several Governments who are anxiously seeking to suppress this traffic must, however, be directed against the facilities afforded by what are now recognized as legitimate commercial pursuits before that object can be fully accomplished.

Supplies of provisions, water casks, merchandise, and articles connected with the prosecution of the slave trade are, it is understood, freely carried by vessels of different nations to the slave factories, and the effects of the factors are transported openly from one slave station to another without interruption or punishment by either of the nations to which they belong engaged in the commerce of that region. I submit to your judgments whether this Government, having been the first to prohibit by adequate penalties the slave trade, the first to declare it piracy, should not be the first also to forbid to its citizens all trade with the slave factories on the coast of Africa, giving an example to all nations in this respect which if fairly followed can not fail to produce the most effective results in breaking up those dens of iniquity.

M. VAN BUREN.

SPECIAL MESSAGES.

WASHINGTON, _December 7, 1840_.

Hon. R.M.T. HUNTER,

_Speaker of the House of Representatives_.

SIR: I herewith transmit a letter from the Secretary of the Navy, in relation to the navy pension fund, to which the attention of Congress is invited, and recommend an immediate appropriation of $151,352.39 to meet the payment of pensions becoming due on and after the 1st of January, 1841.

M. VAN BUREN.

WASHINGTON, _December 10, 1840_.

_To the Senate of the United States_:

I transmit, for the action of the Senate, a communication from the Secretary of War, on the subject of the transfer of Chickasaw stock to the Choctaw tribe, which the accompanying papers explain.

M. VAN BUREN.

WAR DEPARTMENT, _December 10, 1840_.

The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor to lay before you a communication from the Commissioner of Indian Affairs, relative to the transfer of $500,000 Chickasaw stock to the Choctaws in execution of the compact of 17th January, 1837, between those tribes, that if you think it advisable you may assent to the proposed transfer and lay the matter before the Senate for the sanction of that body.

Very respectfully, your most obedient servant,

J.R. POINSETT.

WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,

_December, 1840_.

Hon. J.R. POINSETT,

_Secretary of War_.

SIR: A compact was made on the 17th January, 1837, "subject to the approval of the President and Senate of the United States," which it received from the former on the 24th March, 1837, in conformity with the resolution of the Senate of 25th February, between the Choctaw and Chickasaw tribes of Indians, of which I have the honor to inclose a copy.

By this instrument the right to occupy a portion of the Choctaw country west of the Mississippi was, with certain privileges, secured to the Chickasaws, who agreed to pay therefor $530,000, of which $30,000 were paid in 1837, and the remaining $500,000 it was agreed should be invested under the direction of the Government of the United States and that the interest should be paid annually to the Choctaws.

There being no money to place in the hands of the United States, but a very large amount of Chickasaw stock under the direction of the Treasury, the reasonable desire of the Choctaws that this large fund belonging to them should be put in their own names on the books of the Government can be gratified by a transfer of so much of the stock to the Secretary of War for their use, upon which the interest will be received and paid over to them. This will be an execution of the agreement of the parties. A sale of stocks to raise the money and then a reinvestment of it according to the letter of the compact ought not to be resorted to on account of their present low price in the market.

In considering this subject in the course of the autumn the thirteenth article of the treaty of 24th May, 1834, with the Chickasaws was adverted to, by which it is provided: "If the Chickasaws shall be so fortunate as to procure a home within the limits of the United States, it is agreed that, with the consent of the President and Senate, so much of their invested stock as may be necessary to the purchase of a country for them to settle in shall be permitted to them to be sold, or the United States will advance the necessary amount upon a guaranty and pledge of an equal amount of their stocks." The compact before referred to having been ratified by the President and Senate, it was doubted whether that was not a virtual consent to the application of so much of the stock as would be required to pay for the land and privileges contracted for by the said compact, and an authority for the transfer of it. The question was referred to the Attorney-General, who was of opinion that the transfer could not be legally made without the assent of the President and Senate to the particular act.

I have therefore respectfully to request that you will lay the matter before the President, that if he concurs in the propriety of so doing he may give his own and ask the consent of the Senate to the proposed proceeding.

Very respectfully, your most obedient,

T. HARTLEY CRAWFORD.

WASHINGTON, _December 10, 1840_.

_To the Senate_:

I communicate a report[82] of the Secretary of State, with the documents accompanying it, in compliance with the resolution of the Senate of the 20th of July last.

M. VAN BUREN.

[Footnote 82: Relating to sales and donations of public lots in Washington, D.C.]

WASHINGTON, _December 21, 1840_.

_To the Senate of the United States_:

I transmit herewith, for the consideration of the Senate with a view to its ratification, a treaty of commerce and navigation between the United States of America and His Majesty the King of the Belgians, signed at Washington on the 29th day of March, 1840.

M. VAN BUREN.

WASHINGTON, _December 23, 1840_.

_To the House of Representatives of the United States_:

Herewith I transmit a communication[83] from the Secretary of the Treasury and also copies of certain papers accompanying it, which are believed to embrace the information contemplated by a resolution of the House of Representatives of the 17th instant.

M. VAN BUREN.

[Footnote 83: Relating to the suspension of appropriations made at the last session of Congress.]

WASHINGTON, _December 28, 1840_.

_To the House of Representatives of the United States_:

I herewith transmit to the House of Representatives a report[84] from the Secretary of State, with accompanying papers, in answer to their resolution of the 21st instant.

M. VAN BUREN.

[Footnote 84: Transmitting correspondence with Great Britain relative to the burning of the steamboat _Caroline_ at Schlosser, N.Y., December 29, 1837.]

WASHINGTON, _December 28, 1840_.

_To the Senate of the United States_:

I transmit herewith, for the consideration of the Senate with a view to its ratification, a treaty of commerce and navigation between the United States and Portugal, signed at Lisbon on the 26th day of August, 1840, and certain letters relating thereto, of which a list is annexed.

M. VAN BUREN.

WASHINGTON, _December 20, 1840_.

_To the House of Representatives of the United States_:

I herewith transmit to the House of Representatives a report[85] from the Secretary of State, with accompanying papers, in answer to their resolution of the 23d instant.

M. VAN BUREN.

[Footnote 85: Transmitting correspondence with Great Britain relative to proceedings on the part of that Government which may have a tendency to interrupt our commerce with China.]

WASHINGTON, _January 2, 1841_.

_To the House of Representatives of the United States_:

I think proper to communicate to the House of Representatives, in further answer to their resolution of the 21st ultimo, the correspondence which has since occurred between the Secretary of State and the British minister on the same subject.

M. VAN BUREN.

_Mr. Fox to Mr. Forsyth_.

WASHINGTON, _December 29, 1840_.

Hon. JOHN FORSYTH, etc.

SIR: I have the honor to acknowledge the receipt of your letter of the 26th instant, in which, in reply to a letter which I had addressed to you on the 13th, you acquaint me that the President is not prepared to comply with my demand for the liberation of Mr. Alexander McLeod, of Upper Canada, now imprisoned at Lockport, in the State of New York, on a pretended charge of murder and arson, as having been engaged in the destruction of the piratical steamboat _Caroline_ on the 29th of December, 1837.

I learn with deep regret that such is the decision of the President of the United States, for I can not but foresee the very grave and serious consequences that must ensue if, besides the injury already inflicted upon Mr. McLeod of a vexatious and unjust imprisonment, any further harm should be done to him in the progress of this extraordinary proceeding.

I have lost no time in forwarding to Her Majesty's Government in England the correspondence that has taken place, and I shall await the further orders of Her Majesty's Government with respect to the important question which that correspondence involves.

But I feel it my duty not to close this communication without likewise testifying my vast regret and surprise at the expressions which I find repeated in your letter with reference to the destruction of the steamboat _Caroline_. I had confidently hoped that the first erroneous impression of the character of that event, imposed upon the mind of the United States Government by partial and exaggerated representations, would long since have been effaced by a more strict and accurate examination of the facts. Such an investigation must even yet, I am willing to believe, lead the United States Government to the same conviction with which Her Majesty's authorities on the spot were impressed--that the act was one, in the strictest sense, of self-defense, rendered absolutely necessary by the circumstances of the occasion for the safety and protection of Her Majesty's subjects, and justified by the same motives and principles which upon similar and well-known occasions have governed the conduct of illustrious officers of the United States. The steamboat _Caroline_ was a hostile vessel engaged in piratical war against Her Majesty's people, hired from her owners for that express purpose, and known to be so beyond the possibility of doubt. The place where the vessel was destroyed was nominally, it is true, within the territory of a friendly power, but the friendly power had been deprived through overbearing piratical violence of the use of its proper authority over that portion of territory. The authorities of New York had not even been able to prevent the artillery of the State from being carried off publicly at midday to be used as instruments of war against Her Majesty's subjects. It was under such circumstances, which it is to be hoped will never recur, that the vessel was attacked by a party of Her Majesty's people, captured, and destroyed. A remonstrance against the act in question has been addressed by the United States to Her Majesty's Government in England. I am not authorized to pronounce the decision of Her Majesty's Government upon that remonstrance, but I have felt myself bound to record in the meantime the above opinion, in order to protest in the most solemn manner against the spirited and loyal conduct of a party of Her Majesty's officers and people being qualified, through an unfortunate misapprehension, as I believe, of the facts, with the appellation of outrage or of murder.

I avail myself of this occasion to renew to you the assurance of my distinguished consideration.

H.S. FOX.

_Mr. Forsyth to Mr. Fox_.

DEPARTMENT OF STATE,

_Washington, December 31, 1840_.

SIR: I have the honor to acknowledge the receipt of your note of the 29th instant, in reply to mine of the 26th, on the subject of the arrest and detention of Alexander McLeod as one of the perpetrators of the outrage committed in New York when the steamboat _Caroline_ was seized and burnt. Full evidence of that outrage has been presented to Her Britannic Majesty's Government with a demand for redress, and of course no discussion of the circumstances here can be either useful or proper, nor can I suppose it to be your desire to invite it. I take leave of the subject with this single remark, that the opinion so strongly expressed by you on the facts and principles involved in the demand for reparation on Her Majesty's Government by the United States would hardly have been hazarded had you been possessed of the carefully collected testimony which has been presented to your Government in support of that demand.

I avail myself of the occasion to renew to you the assurance of my distinguished consideration.

JOHN FORSYTH.

WASHINGTON, _January 4, 1841_.

_To the Senate of the United States_:

I submit herewith a treaty concluded with the Miami Indians for the cession of their lands in the State of Indiana. The circumstances attending this negotiation are fully set forth in the accompanying communication from the Secretary of War. Although the treaty was concluded without positive instructions and the usual official preliminaries, its terms appear to be so advantageous and the acquisition of these lands are deemed so desirable by reason of their importance to the State of Indiana and the Government, as well as on account of the Indians themselves, who will be greatly benefited by their removal west, that I have thought it advisable to submit it to the action of the Senate.

M. VAN BUREN.

WAR DEPARTMENT, _January 4, 1841_.

The PRESIDENT OF THE UNITED STATES.

SIR: I have the honor to transmit herewith a treaty concluded with the Miami Indians of the State of Indiana, to be laid before the Senate for their ratification if upon due consideration of the circumstances under which this treaty was negotiated you should think proper to do so. These circumstances are fully and correctly set forth in the accompanying communication from the Commissioner of Indian Affairs, to which I beg leave respectfully to refer you.

I have the honor to be, very respectfully, your most obedient servant,

J.R. POINSETT.

WAR DEPARTMENT, OFFICE INDIAN AFFAIRS,

_December 29, 1840_.

Hon. J.R. POINSETT,

_Secretary of War_.

SIR: A treaty made with the Miami tribe of Indians in the State of Indiana on the 28th day of November last for the residue of their lands in that State has been unexpectedly received.