tests, directed too often to the single object of retaining office by those who are in, or obtaining it by those who are out. Under the influence of these convictions, I shall cordially concur in any constitutional measures for regulating, and, by regulating, restraining the power of removal.

I suggest for your consideration the propriety of making, without further delay, some specific application of the funds derived under the will of Mr. Smithson, of England, for the diffusion of knowledge, and which have heretofore been vested in public stocks until such time as Congress should think proper to give them a specific direction. Nor will you, I feel confident, permit any abatement of the principal of the legacy to be made, should it turn out that the stocks in which the investments have been made have undergone a depreciation.

In conclusion, I commend to your care the interests of this district, for which you are the exclusive legislators. Considering that this city is the residence of the government, and, for a large part of the year, of Congress, and considering, also, the great cost of the public buildings, and the propriety of affording them at all times careful protection, it seems not unreasonable that Congress should contribute toward the expense of an efficient police.

SPECIAL MESSAGE.

FEBRUARY 9, 1842.

To the House of Representatives of the United States:

In answer to a resolution of the house of representatives, of the 7th of February, 1842, in the following words: "Resolved, That the president of the United States inform this house under what authority the commission, consisting of George Poindexter, and others, for the investigation of the concerns of the New York customhouse, was raised; what were the purposes and objects of said commission; how many persons have, in any way, been connected with it, and the compensation received or to be received by each; and the aggregate amount of every description of said commission; and out of what fund the said expenditures have been or are to be paid:" I have to state, that the authority for instituting the commission mentioned in said resolution, is the authority vested in the president of the United States, to take care that the laws be faithfully executed, and to give to Congress, from time to time, information on the state of the Union, and to recommend to their consideration such measures as he shall judge necessary and expedient.

The expediency, if not necessity, of inquiries into the transactions of our customhouses, especially where abuses and malpractices are alleged, must be obvious to Congress; and that investigations of this kind were expected to be made, appears from the provision of the twenty-first section of the act of 1799, which enjoins collectors of the customs to submit their books, papers, and accounts, to the inspection of such persons as shall be appointed for that purpose.

The purposes and objects of the mission will be explained by the mission itself; a copy of which, together with information on other subjects mentioned in the resolution, will, at the proper time, be laid before Congress.

SPECIAL MESSAGE.

FEBRUARY 16, 1842.

To the House of Representatives of the United States :

I TRANSMIT, herewith, a communication addressed to me by the secretary of war, in relation to certain contracts entered into by a board of medical officers, appointed for that purpose, for the purchase of sites on the western waters, for the erection of marine hospitals; and, concurring fully in his views of the subject, I recommend that either an appropriation of forty-four thousand seven hundred and twenty-one dollars be made, for the purpose of satisfying the claims of the individuals with whom the contracts were made, or that the department of war be authorized to reconvey to them their lands, and annul the contracts.

SPECIAL MESSAGE.

FEBRUARY 26, 1842.

To the House of Representatives of the United States :—

THE resolution of the house of representatives of the 21st instant, requesting the president of the United States to communicate to that body, "if not incompatible with the public interest, the state of the negotiation between the United States and the government of Great Britain, in relation to the northeastern boundary of the state of Maine, and also, all correspondence on that subject between the two governments, not hitherto communicated," has been transmitted to me. Desirous always to lay before Congress and the public everything affecting the state of the country, to the fullest extent consistent with propriety and prudence, I have to inform the house of representatives that, in my judgment, no communication could be made by me at this time, on the subject of its resolution, without detriment or danger to the public interests.

SPECIAL MESSAGE.

MARCH 8, 1842.

To the House of Representatives of the United States :—

I FEEL it to be my duty to invite your attention to the accompanying communication from the secretary of the treasury, in relation to the probable demands which will be made upon the treasury for the present quarter. It will be seen that, without arresting the requisitions which will be made by the war and navy departments for the months of March, April, and May, there will be an unprovided-for deficit of upward of three millions.

I can not bring myself, however, to believe that it will enter into the view of any department of the government to arrest works of defence now in progress of completion, or vessels under construction or prepa

ration for sea. Having due regard to the unsettled condition of our foreign relations, and the exposed situation of our inland and maritime frontier, I should feel myself wanting in my duty to the country, if I could hesitate in urging upon Congress all necessary appropriations for placing it in an attitude of strength and security. Such recommendation, however, has heretofore been made, in full reliance, as well on Congress as on the well-known patriotism of the people, their high sense of national honor, and their determination to defend our soil from the possibility, however remote, of a hostile invasion.

The diminution in the revenue arising from the great diminution of duties under what is commonly called the compromise act, necessarily involves the treasury in embarrassments, which have been for some years palliated by the temporary expedient of issuing treasury-notes-an expedient which, affording no permanent relief, has imposed upon Congress, from time to time, the necessity of replacing the old by a new issue. The amount outstanding on the 4th of March, 1840, varies in no great degree from the amount which will be outstanding on the first of January next; while in the interim the new issues are rendered equivalent to the redemption of the old, and at the end of the fiscal year leave an augmented pressure on the finances by the accumulation of interest.

The contemplated revision of the tariff of duties may, and doubtless will, lead in the end to a relief of the treasury from those constantly-recurring embarrassments: but it must be obvious that time will be neces sary to realize the full anticipations of financial benefit from any modification of the tariff laws. In the meantime, I submit to Congress the suggestions made by the secretary, and invite its prompt and speedy action.

SPECIAL MESSAGE.

MARCH 8, 1842.

To the Senate and House of Representatives of the United States :In my message of the 7th of December, I suggested to Congress the propriety, and in some degree the necessity, of making proper provisions by law, within the pale of the constitution, for the removal, at their commencement, and at the option of the party, of all such cases as might arise in state courts involving national questions, or questions touching the faithful observance and discharge of the international obligations of the United States, from such state tribunal to the federal judiciary. I am urged to repeat, at this time, this recommendation, by the receipt of intelligence, upon which I can rely, that a subject of Great Britain, residing in Upper Canada, has been arrested upon a charge of connexion with the expedition fitted out by the Canadian authorities by which the "Caroline" was destroyed, and will, in all probability, be subjected to trial in the state courts of New York. It is doubtful whether, in this state of things, should his discharge be demanded by the British government, this government is invested with any control over the subject until the case shall have reached the court of final resort of the state of New York, and been decided in that court. And although such delay ought not, in a national point of view, to give cause of umbrage to Great Britain, yet the prompt and instant rendering of justice to foreign nations should be placed among our

highest duties. I can not, therefore, in consideration of what properly becomes the United States, and in anticipation of any demand from a foreign government for the discharge of one of its subjects, forego the duty of repeating my recommendation to Congress for the immediate adoption of some suitable legislative provision on this subject.

SPECIAL MESSAGE.

MARCH 23, 1842.

To the House of Representatives of the United States:

A RESOLUTION adopted by the house of representatives on the 16th instant, in the following words, viz., "Resolved, That the president of the United States and the heads of the several departments be requested to communicate to the house of representatives the names of such of the members (if any) of the twenty-sixth and twenty-seventh Congress who have been applicants for office, and for what offices, distinguishing between. those who have applied in person, and those whose applications were made by friends, whether in person or by writing"-has been transmitted to me for my consideration.

If it were consistent with the rights and the duties of the executive department, it would afford me great pleasure to furnish in this, as in all cases in which proper information is demanded, a ready compliance with the wishes of the house of representatives. But since, in my view, general considerations of policy and propriety, as well as a proper defence of the rights and safeguards of the executive department, require of me, as the chief magistrate, to refuse compliance with the terms of this resolution, it is incumbent on me to urge, for the consideration of the house of representatives, my reasons for declining to give the desired information.

All appointments to office made by a president become, from the date of their nomination to the senate, official acts, which are matter of record, and are at the proper time made known to the house of representatives and to the country. But applications for office, or letters respecting appointments, or conversations held with individuals on such subjects, are not official proceedings, and can not by any means be made to partake of the character of official proceedings, unless, after the nomination of such person so writing or conversing, the president shall think proper to lay such correspondence or such conversations before the senate. Applications for office are in their very nature confidential; and, if the reasons assigned for such applications, or the names of the applicants, were communicated, not only would such implied confidence be wantonly violated, but, in addition, it is quite obvious that a mass of vague, incoherent, and personal matter, would be made public at a vast consumption of time, money, and trouble, without accomplishing, or tending in any manner to accomplish, as it appears to me, any useful object connected with a sound and constitutional administration of the government in any of its branches.

But there is a consideration of a still more effective and lofty character, which is with me entirely decisive of the correctness of the view that I have taken of this question. While I shall ever evince the greatest readiness to communicate to the house of representatives all proper information which the house shall deem necessary to a due discharge of its

constitutional obligations and functions, yet it becomes me, in defence of the constitution and laws of the United States, to protect the executive department from all encroachment on its powers, rights, and duties. In my judgment, a compliance with the resolution which has been transmitted to me would be a surrender of duties and powers which the constitution has conferred exclusively on the executive; and, therefore, such compliance can not be made by me, nor by the heads of departments by my direction. The appointing power, so far as it is bestowed on the president by the constitution, is conferred without reserve or qualification. The reason for the appointment, and the responsibility of the appointment, rest with him alone. I can not perceive anywhere in the constitution of the United States any right conferred on the house of representatives to hear the reasons which an applicant may urge for an appointment to office under the executive department, or any duty resting upon the house of representatives by which it may become responsible for any such appointment.

Any assumption or misapprehension on the part of the house of representatives of its duties and powers in respect to appointments, by which it encroaches on the rights and duties of the executive department, is, to the extent to which it reaches, dangerous, impolitic, and unconstitutional.

For these reasons, so perfectly convincing to my mind, I beg leave respectfully to repeat, in conclusion, that I can not comply with the request contained in the above resolution.

SPECIAL MESSAGE.

MARCH 25, 1842.

To the Senate and House of Representatives of the United States :NOTWITHSTANDING the urgency with which I have, on more than one occasion, felt it my duty to press upon Congress the necessity of providing the government with the means of discharging its debts, and maintaining inviolate the public faith, the increasing embarrassments of the treasury impose upon me the indispensable obligation of again inviting your most serious attention to the condition of the finances. Fortunately for myself, in thus bringing this important subject to your view for a deliberate and comprehensive examination in all its bearings, and I trust I may add, for a final adjustment of it, to the common advantage of the whole Union, I am permitted to approach it with perfect freedom and candor. As few of the burdens for which provision is now required to be made, have been brought upon the country during my short administration of its affairs, I have neither motive nor wish to make them a matter of crimination against any of my predecessors. I am disposed to regard, as I am bound to treat them, as facts which can not now be undone, and as deeply interesting to us all, and equally imposing upon all the most solemn duties; and the only use I would make of the errors of the past is, by a careful examination of their causes and character, to avoid, if possible, the repetition of them in future. The condition of the country, indeed, is such as may well arrest the conflict of parties. The conviction seems at length to have made its way to the minds of all, that the disproportion between the