Chapter 10

Of the small portions of this Navy engaged in actual service during the peace, squadrons have continued to be maintained in the Pacific Ocean, in the West India seas, and in the Mediterranean, to which has been added a small armament to cruise on the eastern coast of South America. In all they have afforded protection to our commerce, have contributed to make our country advantageously known to foreign nations, have honorably employed multitudes of our seamen in the service of their country, and have inured numbers of youths of the rising generation to lives of manly hardihood and of nautical experience and skill. The piracies with which the West India seas were for several years infested have been totally suppressed, but in the Mediterranean they have increased in a manner afflictive to other nations, and but for the continued presence of our squadron would probably have been distressing to our own. The war which has unfortunately broken out between the Republic of Buenos Ayres and the Brazilian Government has given rise to very great irregularities among the naval officers of the latter, by whom principles in relation to blockades and to neutral navigation have been brought forward to which we can not subscribe and which our own commanders have found it necessary to resist. From the friendly disposition toward the United States constantly manifested by the Emperor of Brazil, and the very useful and friendly commercial intercourse between the United States and his dominions, we have reason to believe that the just reparation demanded for the injuries sustained by several of our citizens from some of his officers will not be withheld. Abstracts from the recent dispatches of the commanders of our several squadrons are communicated with the report of the Secretary of the Navy to Congress.

A report from the Postmaster-General is likewise communicated, presenting in a highly satisfactory manner the result of a vigorous, efficient, and economical administration of that Department. The revenue of the office, even of the year including the latter half of 1824 and the first half of 1825, had exceeded its expenditures by a sum of more than $45,000. That of the succeeding year has been still more productive. The increase of the receipts in the year preceding the 1st of July last over that of the year before exceeds $136,000, and the excess of the receipts over the expenditures of the year has swollen from $45,000 to nearly $80,000. During the same period contracts for additional transportation of the mail in stages for about 260,000 miles have been made, and for 70,000 miles annually on horseback. Seven hundred and fourteen new post-offices have been established within the year, and the increase of revenue within the last three years, as well as the augmentation of the transportation by mail, is more than equal to the whole amount of receipts and of mail conveyance at the commencement of the present century, when the seat of the General Government was removed to this place. When we reflect that the objects effected by the transportation of the mail are among the choicest comforts and enjoyments of social life, it is pleasing to observe that the dissemination of them to every corner of our country has outstripped in their increase even the rapid march of our population.

By the treaties with France and Spain, respectively ceding Louisiana and the Floridas to the United States, provision was made for the security of land titles derived from the Governments of those nations. Some progress has been made under the authority of various acts of Congress in the ascertainment and establishment of those titles, but claims to a very large extent remain unadjusted. The public faith no less than the just rights of individuals and the interest of the community itself appears to require further provision for the speedy settlement of those claims, which I therefore recommend to the care and attention of the Legislature.

In conformity with the provisions of the act of 20th May last, to provide for erecting a penitentiary in the district of Columbia, and for other purposes, three commissioners were appointed to select a site for the erection of a penitentiary for the district, and also a site in the county of Alexandria for a county jail, both of which objects have been effected. The building of the penitentiary has been commenced, and is in such a degree of forwardness as to promise that it will be completed before the meeting of the next Congress. This consideration points to the expediency of maturing at the present session a system for the regulation and government of the penitentiary, and of defining the class of offenses which shall be punishable by confinement in this edifice.

In closing this communication I trust that it will not be deemed inappropriate to the occasion and purposes upon which we are here assembled to indulge a momentary retrospect, combining in a single glance the period of our origin as a national confederation with that of our present existence, at the precise interval of half a century from each other. Since your last meeting at this place the fiftieth anniversary of the day when our independence was declared has been celebrated throughout our land, and on that day, while every heart was bounding with joy and every voice was tuned to gratulation, amid the blessings of freedom and independence which the sires of a former age had handed down to their children, two of the principal actors in that solemn scene--the hand that penned the ever-memorable Declaration and the voice that sustained it in debate--were by one summons, at the distance of 700 miles from each other, called before the Judge of All to account for their deeds done upon earth. They departed cheered by the benedictions of their country, to whom they left the inheritance of their fame and the memory of their bright example. If we turn our thoughts to the condition of their country, in the contrast of the first and last day of that half century, how resplendent and sublime is the transition from gloom to glory! Then, glancing through the same lapse of time, in the condition of the individuals we see the first day marked with the fullness and vigor of youth, in the pledge of their lives, their fortunes, and their sacred honor to the cause of freedom and of mankind; and on the last, extended on the bed of death, with but sense and sensibility left to breathe a last aspiration to Heaven of blessing upon their country, may we not humbly hope that to them too it was a pledge of transition from gloom to glory, and that while their mortal vestments were sinking into the clod of the valley their emancipated spirits were ascending to the bosom of their God!

John Quincy Adams.

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SPECIAL MESSAGES.

Washington, _December 7, 1826_.

_To the Senate and House of Representatives of the United States_:

I now transmit a report from the Secretary of War, with that of the Board of Engineers of Internal Improvement, concerning the proposed Chesapeake and Ohio Canal.

John Quincy Adams.

Washington, _December 8, 1826_.

_To the House of Representatives of the United States_:

I transmit to the House of Representatives a report from the Secretary of War, with sundry documents, containing the information requested by a resolution of the House of the 8th of May last, relating to the lead mines belonging to the United States in Illinois and Missouri.

John Quincy Adams.

Washington, _December 8, 1826_.

_To the House of Representatives of the United States_:

I transmit to the House of Representatives a report from the Secretary of War, with several documents, containing information required by a resolution of the House of the 20th of May last, respecting certain proposed donations of land by Indian tribes to any agent or commissioner of the United States.

John Quincy Adams.

Washington, _December 12, 1826_.

_To the Senate of the United States_:

I transmit herewith to the Senate, for their advice with regard to their ratification, the following treaties with Indian tribes:

1. A treaty made and concluded at the Fond du Lac of Lake Superior, between Lewis Cass and Thomas L. McKenney, commissioners on the part of the United States, and the Chippewa tribe of Indians, on the 5th of August, 1826.

2. A treaty made and concluded near the mouth of the Mississinewa, upon the Wabash, in the State of Indiana, between Lewis Cass, James B. Ray, and John Tipton, commissioners on the part of the United States, and the chiefs and warriors of the Potawatamie tribe of Indians, on the 16th of October, 1826.

3. A treaty made and concluded near the mouth of the Mississinewa, upon the Wabash, in the State of Indiana, between Lewis Cass, James B. Ray, and John Tipton, commissioners on the part of the United States, and the chiefs and warriors of the Miami tribe of Indians, on the 23d of October, 1826.

John Quincy Adams.

Washington, _December 18, 1826_.

_To the Senate and House of Representatives of the United States_:

I transmit to Congress extracts of a letter, received since the commencement of their session, from the minister of the United States at London, having relation to the late discussions with the Government of Great Britain concerning the trade between the United States and the British colonies in America.

John Quincy Adams.

Washington, _December 20, 1826_.

_To the Senate of the United States_:

In the message to both Houses of Congress at the commencement of their present session it was intimated that the commission for liquidating the claims of our fellow-citizens to indemnity for slaves and other property carried away after the close of the late war with Great Britain in contravention to the first article of the treaty of Ghent had been sitting in this city with doubtful prospects of success, but that propositions had recently passed between the two Governments which it was hoped would lead to a satisfactory adjustment of that controversy.

I now transmit to the Senate, for their constitutional consideration and advice, a convention signed at London by the plenipotentiaries of the two Governments on the 13th of the last month, relating to this object. A copy of the convention is at the same time sent, together with a copy of the instructions under which it was negotiated and the correspondence relating to it. To avoid all delay these documents are now transmitted, consisting chiefly of original papers, the return of which is requested.

John Quincy Adams.

Washington, _December 22, 1826_.

_To the House of Representatives of the United States_:

In compliance with a resolution of the House of Representatives of the 12th instant, requesting information of the measures taken to carry into effect the act of Congress of 3d March, 1825, directing a road to be made from Little Rock to Cantonment Gibson, in the Territory of Arkansas, I transmit a report from the Secretary of War, with a letter from the Quartermaster-General, containing the information desired by the resolution.

John Quincy Adams.

Washington, _December 22, 1826_.

_To the House of Representatives of the United States_:

I communicate to the House of Representatives a report from the Secretary of State, with a copy of the three articles[009] (marked A) requested by the resolution of the House of the 19th instant. The third of those articles relating to a subject upon which the negotiation between the two Governments is yet open, the communication of all the other documents relating to it is reserved to a future period, when it may be closed.

John Quincy Adams.

_To the House of Representatives of the United States_: I transmit to the House of Representatives a report from the Secretary of State, with sundry documents, containing the information requested by two resolutions of the House of the 15th instant, relating to the proceedings of the congress of ministers which assembled last summer at Panama.

The occasion is taken to communicate at the same time two other dispatches, from the minister of the United States to the Mexican Confederation, one of which should have been communicated at the last session of Congress but that it was then accidentally mislaid, and the other having relation to the same subject.

John Quincy Adams. DECEMBER 26, 1826.

Washington, _January 10, 1827_

_To the House of Representatives of the United States_:

In compliance with a resolution of the House of Representatives of the 6th instant, I transmit herewith a report from the Secretary of State, together with copies of the correspondence with the Government of the Netherlands, relating to discriminating duties.

John Quincy Adams.

Washington, _January 10, 1827_

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 20th of May last, requesting a detailed statement of the expenditures for the construction and repair of the Cumberland road, I now transmit a report from the Secretary of the Treasury, with the statement requested by the resolution.

John Quincy Adams.

Washington, _January 10, 1827_

_To the Senate and House of Representatives of the United States_:

I transmit to both Houses of Congress a report from the Secretary of the Navy, together with that of the engineer by whom, conformably to a joint resolution of the two Houses of the 22d May last, an examination and survey has been made of a site for a dry dock at the navy-yard at Portsmouth, N. H.; Charlestown, Mass.; Brooklyn, N. Y., and Gosport, Va.

John Quincy Adams.

Washington, _January 15, 1827_

_To the House of Representatives of the United States_:

In compliance with a resolution of the House of Representatives of the 20th of May last, I transmit herewith a report from the Secretary of State, touching the impressment of seamen from on board American vessels on the high seas or elsewhere by the commanders of British or other foreign vessels or ships of war since 18th of February, 1815, together with such correspondence on the subject as comes within the purview of the resolution.

John Quincy Adams.

Washington, _January 15, 1827_

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 21st of last month, I now transmit a letter from the Secretary of War, with a report from the Chief Engineer and a statement of the Third Auditor, shewing the amount disbursed of the appropriation made by the act of 24th May, 1824, to improve the navigation of the Ohio and Mississippi rivers, and the state and progress of the work contemplated by the appropriation.

John Quincy Adams.

Washington, _January 15, 1827_

_To the Senate and House of Representatives of the United States_:

I communicate to Congress a letter from the Secretary of War, together with a report of the Chief Engineer, and certain acts of the legislature of the State of New York proposing to the Government of the United States the purchase of the fortifications erected at the expense of the State on Staten Island, with the ordnance and other apparatus belonging to or connected with the same. These papers were prepared at the close of the last session of Congress, at too late a period to be then acted upon.

John Quincy Adams.

Washington, _January 16, 1827_

_To the Senate and House of Representatives of the United States_:

I communicate to both Houses of Congress copies of a convention between the United States and Great Britain, signed on the 13th of November last at London by the respective plenipotentiaries of the two Governments, for the final settlement and liquidation of certain claims of indemnity of citizens of the United States which had arisen under the first article of the treaty of Ghent. It having been stipulated by this convention that the exchange of the ratifications of the same should be made at London, the usual proclamation of it here can only be issued when that event shall have taken place, the notice of which can scarcely be expected before the close of the present session of Congress. But it has been duly ratified on the part of the United States, and by the report of the Secretary of State and the accompanying certificate herewith also communicated it will be seen that the first half of the stipulated payment has been made by the minister of His Britannic Majesty residing here, and has been deposited in the office of the Bank of the United States at this place to await the disposal of Congress.

I recommend to their consideration the expediency of such legislative measures as they may deem proper for the distribution of the sum already paid, and of that hereafter to be received, among the claimants who may be found entitled to the indemnity.

John Quincy Adams.

Washington, _January 17, 1827_

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 10th of May last, I transmit a report from the Secretary of the Treasury, with a letter from the Director of the Mint, shewing the result of the assay of foreign coins and the information otherwise relating thereto desired by the resolution.

John Quincy Adams.

Washington, _January 29, 1827_

_To the Senate of the United States_:

In compliance with the resolution of the Senate of the 23d instant, I transmit herewith a report[010] from the Secretary of State, with the accompanying documents.

John Quincy Adams.

Washington, _January 29, 1827_

_To the Senate of the United States_:

The report from the Commissioner of the General Land Office and the accompanying documents herewith transmitted are laid before the Senate in compliance with their resolution of the 4th of April last, relating to the public lands of the United States in the States of Missouri and Illinois which are unfit for cultivation.

John Quincy Adams.

Washington, _February 2, 1827_

_To the Senate of the United States_:

In compliance with a resolution of the Senate of the 25th ultimo, relative to the execution of the treaty of the 18th of October, 1820, of Doaks Stand with the Choctaw tribe of Indians, I transmit a report from the Secretary of War, with a statement from the Office of Indian Affairs, comprising so far as it is possessed the information desired by the resolution.

John Quincy Adams.

Washington, _February 3, 1827_

_To the House of Representatives of the United States_:

In compliance with a resolution of the House of Representatives of the United States of the 9th ultimo, relating to the appointments of chargés d'affaires and to the commissions and salaries of the ministers and secretary to the mission to Panama, I transmit herewith a report from the Secretary of State, with accompanying documents.

John Quincy Adams.

Washington, _February 5, 1827_

_To the House of Representatives of the United States_:

The report from the Secretary of War and accompanying documents herewith transmitted have been prepared in compliance with a resolution of the House of Representatives of the 20th of May last, requesting a statement of expenditure and other particulars relating to the procurement and properties of the patent rifle.

John Quincy Adams.

Washington, _February 5, 1827_

_To the Senate and House of Representatives of the United States_:

I submit to the consideration of Congress a letter from the agent of the United States with the Creek Indians, who invoke the protection of the Government of the United States in defense of the rights and territory secured to that nation by the treaty concluded at Washington, and ratified on the part of the United States on the 22d of April last.

The complaint set forth in this letter that surveyors from Georgia have been employed in surveying lands within the Indian Territory, as secured by that treaty, is authenticated by the information inofficially received from other quarters, and there is reason to believe that one or more of the surveyors have been arrested in their progress by the Indians. Their forbearance, and reliance upon the good faith of the United States, will, it is hoped, avert scenes of violence and blood which there is otherwise too much cause to apprehend will result from these proceedings.

By the fifth section of the act of Congress of the 30th of March, 1802, to regulate trade and intercourse with the Indian tribes and to preserve peace on the frontiers, it is provided that if any citizen of or other person resident in the United States shall make a settlement on any lands belonging or secured or granted by treaty with the United States to any Indian tribe, or shall survey, or attempt to survey, such lands, or designate any of the boundaries by marking trees or otherwise, such offender shall forfeit a sum not exceeding $1,000 and suffer imprisonment not exceeding twelve months.

By the sixteenth and seventeenth sections of the same statute two distinct processes are prescribed, by either or both of which the above enactment may be carried into execution. By the first it is declared to be lawful for the military force of the United States to apprehend every person found in the Indian country over and beyond the boundary line between the United States and the Indian tribes in violation of any of the provisions or regulations of the act, and immediately to convey them, in the nearest convenient and safe route, to the civil authority of the United States in some of the three next adjoining States or districts, to be proceeded against in due course of law.

By the second it is directed that if any person charged with the violation of any of the provisions or regulations of the act shall be found within any of the United States or either of their territorial districts such offender may be there apprehended and brought to trial in the same manner as if such crime or offense had been committed within such State or district; and that it shall be the duty of the military force of the United States, when called upon by the civil magistrate or any proper officer or other person duly authorized for that purpose and having a lawful warrant, to aid and assist such magistrate, officer, or other person so authorized in arresting such offender and committing him to safe custody for trial according to law.

The first of these processes is adapted to the arrest of the trespasser upon Indian territories on the spot and in the act of committing the offense; but as it applies the action of the Government of the United States to places where the civil process of the law has no authorized course, it is committed entirely to the functions of the military force to arrest the person of the offender, and after bringing him within the reach of the jurisdiction of the courts there to deliver him into custody for trial. The second makes the violator of the law amenable only after his offense has been consummated, and when he has returned within the civil jurisdiction of the Union. This process, in the first instance, is merely of a civil character, but may in like manner be enforced by calling in, if necessary, the aid of the military force.