Part 4

The commissioners appointed under the fifth article of the treaty of amity, commerce, and navigation between the United States and Great Britain to ascertain the river which was truly intended under the name of the river St. Croix mentioned in the treaty of peace, met at Passamaquoddy Bay in October, 1796, and viewed the mouths of the rivers in question and the adjacent shores and islands, and, being of opinion that actual surveys of both rivers to their sources were necessary, gave to the agents of the two nations instructions for that purpose, and adjourned to meet at Boston in August. They met, but the surveys requiring more time than had been supposed, and not being then completed, the commissioners again adjourned, to meet at Providence, in the State of Rhode Island, in June next, when we may expect a final examination and decision.

The commissioners appointed in pursuance of the sixth article of the treaty met at Philadelphia in May last to examine the claims of British subjects for debts contracted before the peace and still remaining due to them from citizens or inhabitants of the United States. Various causes have hitherto prevented any determinations, but the business is now resumed, and doubtless will be prosecuted without interruption.

Several decisions on the claims of citizens of the United States for losses and damages sustained by reason of irregular and illegal captures or condemnations of their vessels or other property have been made by the commissioners in London comformably to the seventh article of the treaty. The sums awarded by the commissioners have been paid by the British Government. A considerable number of other claims, where costs and damages, and not captured property, were the only objects in question, have been decided by arbitration, and the sums awarded to the citizens of the United States have also been paid.

The commissioners appointed agreeably to the twenty-first article of our treaty with Spain met at Philadelphia in the summer past to examine and decide on the claims of our citizens for losses they have sustained in consequence of their vessels and cargoes having been taken by the subjects of His Catholic Majesty during the late war between Spain and France. Their sittings have been interrupted, but are now resumed.

The United States being obligated to make compensation for the losses and damages sustained by British subjects, upon the award of the commissioners acting under the sixth article of the treaty with Great Britain, and for the losses and damages sustained by British subjects by reason of the capture of their vessels and merchandise taken within the limits and jurisdiction of the United States and brought into their ports, or taken by vessels originally armed in ports of the United States, upon the awards of the commissioners acting under the seventh article of the same treaty, it is necessary that provision be made for fulfilling these obligations.

The numerous captures of American vessels by the cruisers of the French Republic and of some by those of Spain have occasioned considerable expenses in making and supporting the claims of our citizens before their tribunals. The sums required for this purpose have in divers instances been disbursed by the consuls of the United States. By means of the same captures great numbers of our seamen have been thrown ashore in foreign countries, destitute of all means of subsistence, and the sick in particular have been exposed to grievous sufferings. The consuls have in these cases also advanced moneys for their relief. For these advances they reasonably expect reimbursements from the United States.

The consular act relative to seamen requires revision and amendment. The provisions for their support in foreign countries and for their return are found to be inadequate and ineffectual. Another provision seems necessary to be added to the consular act. Some foreign vessels have been discovered sailing under the flag of the United States and with forged papers. It seldom happens that the consuls can detect this deception, because they have no authority to demand an inspection of the registers and sea letters.

_Gentlemen of the House of Representatives_:

It is my duty to recommend to your serious consideration those objects which by the Constitution are placed particularly within your sphere--the national debts and taxes.

Since the decay of the feudal system, by which the public defense was provided for chiefly at the expense of individuals, the system of loans has been introduced, and as no nation can raise within the year by taxes sufficient sums for its defense and military operations in time of war, the sums loaned and debts contracted have necessarily become the subjects of what have been called funding systems. The consequences arising from the continual accumulation of public debts in other countries ought to admonish us to be careful to prevent their growth in our own. The national defense must be provided for as well as the support of Government; but both should be accomplished as much as possible by immediate taxes, and as little as possible by loans.

The estimates for the service of the ensuing year will by my direction be laid before you.

_Gentlemen of the Senate and Gentlemen of the House of Representatives_:

We are met together at a most interesting period. The situations of the principal powers of Europe are singular and portentous. Connected with some by treaties and with all by commerce, no important event there can be indifferent to us. Such circumstances call with peculiar importunity not less for a disposition to unite in all those measures on which the honor, safety, and prosperity of our country depend than for all the exertions of wisdom and firmness.

In all such measures you may rely on my zealous and hearty concurrence.

JOHN ADAMS.

ADDRESS OF THE SENATE TO JOHN ADAMS, PRESIDENT OF THE UNITED STATES.

THE PRESIDENT OF THE UNITED STATES.

SIR: The communications you thought proper to make in your speech to both Houses of Congress on the opening of their present session afford additional proofs of the attention, integrity, and firmness which have always marked your official character.

We can not but approve of the measures you had taken to ascertain the state and decline of the contagious sickness which has so lately afflicted the city of Philadelphia, and the pleasing circumstance that Congress is now assembled at that place without hazard to the health of its members evinces the propriety of your having postponed a determination to convene the National Legislature at another place. We shall take into consideration the law of 1794 on this subject, and will readily concur in any amendment which may be deemed expedient.

It would have given us much pleasure to have received your congratulations on the reestablishment of peace in Europe and the restoration of security to the persons and property of our citizens from injustice and violence at sea; but though these events, so desirable to our country and the world, have not taken place, yet we have abundant cause of gratitude to the Great Disposer of Human Events for interior tranquillity and personal security, for propitious seasons, prosperous agriculture, productive fisheries, and general improvement, and, above all, for a rational spirit of civil and religious liberty and a calm but steady determination to support our sovereignty against all open and secret attacks.

We learn with satisfaction that our envoys extraordinary to the French Republic had safely arrived in Europe and were proceeding to the scene of negotiation, and whatever may be the result of the mission, we are perfectly satisfied that nothing on your part has been omitted which could in any way conduce to a successful conclusion of the negotiation upon terms compatible with the safety, honor, and interest of the United States; and we are fully convinced that in the meantime a manifestation of that unanimity and energy of which the people of the United States have given such memorable proofs and a proper exertion of those resources of national defense which we possess will essentially contribute to the preservation of peace and the attainment of justice.

We think, sir, with you that the commerce of the United States is essential to the growth, comfort, and prosperity of our country, and that the faith of society is pledged for the preservation of the rights of commercial and seafaring no less than of other citizens. And even if our negotiation with France should terminate favorably and the war in Europe cease, yet the state of society which unhappily prevails in so great a portion of the world and the experience of past times under better circumstances unite in warning us that a commerce so extensive and which holds out so many temptations to lawless plunderers can never be safe without protection; and we hold ourselves obliged by every tie of duty which binds us to our constituents to promote and concur in such measures of marine defense as may convince our merchants and seamen that their rights are not sacrificed nor their injuries forgotten.

We regret that, notwithstanding the clear and explicit terms of the treaty between the United States and His Catholic Majesty, the Spanish garrisons are not yet withdrawn from our territory nor the running of the boundary line commenced. The United States have been faithful in the performance of their obligations to Spain, and had reason to expect a compliance equally prompt on the part of that power. We still, however, indulge the hope that the convincing answers which have been given to the objections stated by the Spanish officers to the immediate execution of the treaty will have their proper effect, and that this treaty, so mutually beneficial to the contracting parties, will be finally observed with good faith. We therefore entirely approve of your determination to continue in readiness to receive the posts and to run the line of partition between our territory and that of the King of Spain.

Attempts to alienate the affections of the Indians, to form them into a confederacy, and to excite them to actual hostility against the United States, whether made by foreign agents or by others, are so injurious to our interests at large and so inhuman with respect to our citizens inhabiting the adjacent territory as to deserve the most exemplary punishment, and we will cheerfully afford our aid in framing a law which may prescribe a punishment adequate to the commission of crimes so heinous.

The several objects you have pointed out to the attention of the Legislature, whether they regard our internal or external relations, shall receive from us that consideration which they merit, and we will readily concur in all such measures as may be necessary either to enable us to fulfill our engagements at home or to cause ourselves to be respected abroad; and at this portentous period, when the powers of Europe with whom we are connected by treaty or commerce are in so critical a situation, and when the conduct of some of those powers toward the United States is so hostile and menacing, the several branches of the Government are, in our opinion, called upon with peculiar importunity to unite, and by union not only to devise and carry into effect those measures on which the safety and prosperity of our country depend, but also to undeceive those nations who, regarding us as a weak and divided people, have pursued systems of aggression inconsistent with a state of peace between independent nations. And, sir, we beg leave to assure you that we derive a singular consolation from the reflection that at such a time the executive part of our Government has been committed to your hands, for in your integrity, talents, and firmness we place the most entire confidence.

JACOB READ,

_President of the Senate pro tempore_.

NOVEMBER 27, 1797.

REPLY OF THE PRESIDENT.

UNITED STATES, _November 28, 1797_.

_Gentlemen of the Senate:_

I thank you for this address.

When, after the most laborious investigation and serious reflection, without partial considerations or personal motives, measures have been adopted or recommended, I can receive no higher testimony of their rectitude than the approbation of an assembly so independent, patriotic, and enlightened as the Senate of the United States.

Nothing has afforded me more entire satisfaction than the coincidence of your judgment with mine in the opinion of the essential importance of our commerce and the absolute necessity of a maritime defense. What is it that has drawn to Europe the superfluous riches of the three other quarters of the globe but a marine? What is it that has drained the wealth of Europe itself into the coffers of two or three of its principal commercial powers but a marine?

The world has furnished no example of a flourishing commerce without a maritime protection, and a moderate knowledge of man and his history will convince anyone that no such prodigy ever can arise. A mercantile marine and a military marine must grow up together; one can not long exist without the other.

JOHN ADAMS.

ADDRESS OF THE HOUSE OF REPRESENTATIVES TO JOHN ADAMS, PRESIDENT OF THE UNITED STATES.

SIR: While our sympathy is excited by the recent sufferings of the citizens of Philadelphia, we participate in the satisfaction which you are pleased to express that the duration of the late calamity was so limited as to render unnecessary the expense and inconvenience that would have been incident to the convention of Congress in another place; and we shall readily attend to every useful amendment of the law which contemplates the event of contagious sickness at the seat of Government.

In lamenting the increase of the injuries offered to the persons and property of our citizens at sea we gratefully acknowledge the continuance of interior tranquillity and the attendant blessings of which you remind us as alleviations of these fatal effects of injustice and violence.

Whatever may be the result of the mission to the French Republic, your early and uniform attachment to the interest of our country, your important services in the struggle for its independence, and your unceasing exertions for its welfare afford no room to doubt of the sincerity of your efforts to conduct the negotiation to a successful conclusion on such terms as may be compatible with the safety, honor, and interest of the United States. We have also a firm reliance upon the energy and unanimity of the people of these States in the assertion of their rights, and on their determination to exert upon all proper occasions their ample resources in providing for the national defense.

The importance of commerce and its beneficial influence upon agriculture, arts, and manufactures have been verified in the growth and prosperity of our country. It is essentially connected with the other great interests of the community; they must flourish and decline together; and while the extension of our navigation and trade naturally excites the jealousy and tempts the avarice of other nations, we are firmly persuaded that the numerous and deserving class of citizens engaged in these pursuits and dependent on them for their subsistence has a strong and indisputable claim to our support and protection.

The delay of the Spanish officers to fulfill the treaty existing with His Catholic Majesty is a source of deep regret. We learn, however, with satisfaction that you still indulge hopes of removing the objections which have been made to its execution, and that you have continued in readiness to receive the posts. Disposed to perform with fidelity our national engagements, nothing shall be wanting on our part to obtain the same justice from others which we exercise toward them.

Our abhorrence can not be too strongly expressed of the intrigues of foreign agents to alienate the affections of the Indians and to rouse them to acts of hostility against the United States. No means in our power should be omitted of providing for the suppression of such cruel practices and for the adequate punishment of their atrocious authors.

Upon the other interesting subjects noticed in your address we shall bestow the requisite attention. To preserve inviolable the public faith by providing for the due execution of our treaties, to indemnify those who may have just claims to retribution upon the United States for expenses incurred in defending the property and relieving the necessities of our unfortunate fellow-citizens, to guard against evasions of the laws intended to secure advantages to the navigation of our own vessels, and especially to prevent by all possible means an unnecessary accumulation of the public debt, are duties which we shall endeavor to keep in view and discharge with assiduity.

We regard with great anxiety the singular and portentous situation of the principal powers of Europe. It were devoutly to be wished that the United States, remote from this seat of war and discord, unambitious of conquests, respecting the rights of other nations, and desirous merely to avail themselves of their natural resources, might be permitted to behold the scenes which desolate that quarter of the globe with only those sympathetic emotions which are natural to the lovers of peace and friends of the human race. But we are led by events to associate with these feelings a sense of the dangers which menace our security and peace. We rely upon your assurances of a zealous and hearty concurrence in such measures as may be necessary to avert these dangers, and nothing on our part shall be wanting to repel them which the honor, safety, and prosperity of our country may require.

NOVEMBER 28, 1797.

REPLY OF THE PRESIDENT.

UNITED STATES, _November 29, 1797_.

_Gentlemen of the House of Representatives_:

I receive this address from the House of Representatives of the United States with peculiar pleasure.

Your approbation of the meeting of Congress in this city and of those other measures of the Executive authority of Government communicated in my address to both Houses at the opening of the session afford me great satisfaction, as the strongest desire of my heart is to give satisfaction to the people and their Representatives by a faithful discharge of my duty.

The confidence you express in the sincerity of my endeavors and in the unanimity of the people does me much honor and gives me great joy.

I rejoice in that harmony which appears in the sentiments of all the branches of the Government on the importance of our commerce and our obligations to defend it, as well as in all the other subjects recommended to your consideration, and sincerely congratulate you and our fellow-citizens at large on this appearance, so auspicious to the honor, interest, and happiness of the nation.

SPECIAL MESSAGES.

UNITED STATES, _December 6, 1797_.

_Gentlemen of the Senate_:

Isaac Smith, esq., who was appointed, with the advice and consent of the Senate, to hold a treaty with the Seneca Nation of Indians, to superintend the purchase of a parcel of their land under a right of preemption derived from the State of Massachusetts, and situated within the State of New York, having declined that service, Jeremiah Wadsworth, esq., was appointed during your recess to hold a treaty, which has terminated in a deed of bargain and sale, herewith submitted to your consideration.

It being represented to me that the immediate investment in bank stock of the moneys which are to be the consideration of this deed might be attended with considerable loss to the Indians by raising the market price of that article, it is suggested whether it would not be expedient that the ratification should be made conclusive and binding on the parties only after the President shall be satisfied that the investment of the moneys has been made conformably to the intention of the treaty.

JOHN ADAMS.

UNITED STATES, _December 13, 1797_.

_Gentlemen of the Senate and Gentlemen of the House of Representatives_:

I lay before you the copy of a letter from the judges of the Supreme Court of the United States, representing the inconvenience arising from altering the time of holding the circuit court for the State of Delaware from April to June, and desiring that the existing law may be altered by restoring the spring session of the circuit court in Delaware to the 27th of April.

JOHN ADAMS.

UNITED STATES, _December 30, 1797_.

_Gentlemen of the Senate and Gentlemen of the House of Representatives_:

In compliance with the desire of the two Houses of Congress, expressed in their resolution of the 2d of March, 1797, that some speedy and effectual means might be adopted of obtaining information from the States of Connecticut, New Jersey, Pennsylvania, Maryland, Virginia, Kentucky, Tennessee, and South Carolina whether they have ratified the amendment proposed by Congress to the Constitution concerning the suability of States, and if they have, to obtain proper evidences, measures have been taken and information and evidences obtained the particulars of which will appear in the report from the Secretary of State made by my direction on the 28th day of this month, and now presented to the two Houses for their consideration.

JOHN ADAMS.

UNITED STATES, _January 5, 1798_.

_Gentlemen of the Senate and Gentlemen of the House of Representatives_:

The Secretary for the Department of War on the 30th day of December last made a representation to me of the situation of affairs in his office, which I now transmit to the Senate and House of Representatives, and recommend to their consideration and decision.

JOHN ADAMS.

UNITED STATES, _January 8, 1798_.

_Gentlemen of the Senate_:

The situation of affairs between some of the citizens of the United States and the Cherokee Indians has evinced the propriety of holding a treaty with that nation to extinguish by purchase their right to certain parcels of land and to adjust and settle other points relative to the safety and conveniency of our citizens. With this view I nominate Fisher Ames, of Dedham, in the State of Massachusetts; Bushrod Washington, of Richmond, in the State of Virginia, and Alfred Moore, of North Carolina, to be commissioners of the United States with full powers to hold conferences and conclude a treaty with the Cherokee Nation of Indians for the purposes before mentioned.

JOHN ADAMS.

UNITED STATES, _January 17, 1798_.

_Gentlemen of the Senate and Gentlemen of the House of Representatives_:

I have now an opportunity of transmitting to Congress a report of the Secretary of State, with a copy of an act of the legislature of the State of Kentucky consenting to the ratification of the amendment of the Constitution of the United States proposed by Congress in their resolution of the 2d day of December, 1793, relative to the suability of States. This amendment, having been adopted by three-fourths of the several States, may now be declared to be a part of the Constitution of the United States.

JOHN ADAMS.

UNITED STATES, _January 17, 1798_.

_Gentlemen of the Senate and Gentlemen of the House of Representatives_:

The situation of affairs between the United States and the Cherokee Indians having evinced the expediency of a treaty with that nation for the promotion of justice to them, as well as of the interests and convenience of our citizens, I have nominated and, by and with the advice and consent of the Senate, appointed commissioners to hold conferences and conclude a treaty as early as the season of the year and the convenience of the parties will admit.

As we know very well by experience such negotiations can not be carried on without considerable expenses, I recommend to your consideration the propriety of making an appropriation at this time for defraying such as may be necessary for holding and concluding a treaty.