of exercising, by the general government, those powers only that are clearly delegated; to encourage simplicity and economy in the expenditures of the government; to raise no more money from the people than may be requisite for these objects, and in a manner that will best promote the interests of all classes of the community, and of all portions of the Union. Constantly bearing in mind that, in entering into society, "individuals must give up a share of liberty to preserve the rest," it will be my desire so to discharge my duties as to foster, with our brethren in all parts of the country, a spirit of liberal concession and compromise; and, by reconciling our fellow-citizens to those partial sacrifices which they must unavoidably make, for the preservation of a greater good, to recommend our invaluable government and union to the confidence and affections of the American people.

Finally, it is my most fervent prayer, to that Almighty Being before whom I now stand, and who has kept us in his hands from the infancy of our republic to the present day, that he will so overrule all my intentions and actions, and inspire the hearts of my fellow-citizens, that we may be preserved from dangers of all kinds, and continue for ever a UNITED AND HAPPY PEOPLE.

FIFTH ANNUAL MESSAGE.

DECEMBER 3, 1833.

Fellow-Citizens of the Senate and House of Representatives :

ON your assembling to perform the high trusts which the people of the United States have confided to you, of legislating for their common welfare, it gives me pleasure to congratulate you upon the happy condition of our beloved country. By the favor of Divine Providence, health is again restored to us; peace reigns within our borders; abundance crowns the labors of our fields; commerce and domestic industry flourish and increase; and individual happiness rewards the private virtue and enterprise of our citizens.

Our condition abroad is no less honorable than it is prosperous at home. Seeking nothing that is not right, and determined to submit to nothing that is wrong, but desiring honest friendships and liberal intercourse with all nations, the United States have gained throughout the world the confidence and respect which are due to the character of the American people, and to a policy so just, and so congenial to the spirit of their institutions.

In bringing to your notice the particular state of our foreign affairs, it affords me high gratification to inform you, that they are in a condition which promises the continuance of friendship with all nations.

With Great Britain, the interesting question of our northeastern boundary remains still undecided. A negotiation, however, upon that subject, has been renewed since the close of the last Congress, and a proposition has been submitted to the British government, with the view of establish ing, in conformity with the resolution of the senate, the line designated by the treaty of 1783. Though no definitive answer has been received, it may be daily looked for, and I entertain a hope that the overture may ultimately lead to a satisfactory adjustment of this important matter.

I have the satisfaction to inform you that a negotiation, which, by desire of the house of representatives, was opened some years ago with the Brit

ish government, for the erection of lighthouses on the Bahamas, has been successful. Those works, when completed, together with those which the United States have constructed on the western side of the gulf of Florida, will contribute essentially to the safety of navigation in that sea. This joint participation in establishments, interesting to humanity and beneficial to commerce, is worthy of two enlightened nations, and indicates feelings which can not fail to have a happy influence upon their political relations. It is gratifying to the friends of both, to perceive that the intercourse between the two people is becoming daily more extensive, and that sentiments of mutual good will have grown up, befitting their common origin, justifying the hope that, by wise counsels on each side, not only unsettled questions may be satisfactorily terminated, but new causes of misunderstanding prevented.

Notwithstanding that I continue to receive the most amicable assurances from the government of France, and that in all other respects the most friendly relations exist between the United States and that government, it is to be regretted that the stipulations of the convention, concluded on the 4th of July, 1831, remain in some important parts unfulfilled.

By the second article of that convention, it was stipulated that the sum payable to the United States should be paid at Paris, in six annual instalments, into the hands of such person or persons as should be authorized by the government of the United States to receive it; and by the same article, the first instalment was payable on the 2d day of February, 1833. By the act of Congress of the 13th July, 1832, it was made the duty of the secretary of the treasury to cause the several instalments, with the interest thereon, to be received from the French government, and transferred to the United States, in such manner as he may deem best; and by the same act of Congress, the stipulations on the part of the United States, in the convention, were in all respects fulfilled. Not doubting that a treaty thus made and ratified by the two governments, and faithfully executed by the United States, would be promptly complied with by the other party, and desiring to avoid the risk and expense of intermediate agencies, the secretary of the treasury deemed it advisable to receive and transfer the first instalment by means of a draft upon the French minister of finance. A draft for this purpose was accordingly drawn in favor of the cashier of the bank of the United States, for the amount accruing to the United States out of the first instalment, and the interest payable with it. This bill was not drawn at Washington until five days after the instalment was payable at Paris, and was accompanied by a special authority from the president, authorizing the cashier, or his assigns, to receive the amount. The mode thus adopted, of receiving the instalment, was officially made known to the French government by the American chargé d'affaires at Paris, pursuant to instructions from the department of state. The bill, however, though not presented for payment until the 23d day of March, was not paid, and for the reasons assigned by the French minister of finance, that no appropriation had been made by the French chambers. It is not known to me, that, up to that period, any appropriation had been required of the chambers; and although a communication was subsequently made to the chambers, by direction of the king, recommending that the necessary provision should be made for carrying the convention into effect, it was at an advanced period of the session, and the subject was finally postponed until the next meeting of the chambers.

Notwithstanding it has been supposed by the French ministry, that the

financial stipulation of the treaty can not be carried into effect without an appropriation by the chambers, it appears to me to be not only consistent with the character of France, but due to the character of both governments, as well as to the rights of our citizens, to treat the convention, made and ratified in proper form, as pledging the good faith of the French government for its execution, and as imposing upon each department an obligation to fulfil it; and I have received assurances through our chargé d'affaires at Paris, and the French minister plenipotentiary at Washington, and more recently through the minister of the United States at Paris, that the delay has not proceeded from any indisposition on the part of the king and his ministers to fulfil the treaty, and that measures will be presented at the next meeting of the chambers, and with a reasonable hope of success, to obtain the necessary appropriation.

It is necessary to state, however, that the documents, except certain lists of vessels captured, condemned, or burnt at sea, proper to facilitate the examination and liquidation of the reclamations comprised in the stipulations of the convention, and which, by the sixth article, France engaged to communicate to the United States by the intermediary of the legation, though repeatedly applied for by the American chargé d'affaires, under instructions from this government, have not yet been communicated; and this delay, it is apprehended, will necessarily prevent the completion of the duties assigned to the commissioners within the time at present prescribed by law.

The reasons for delaying to communicate these documents have not been explicitly stated, and this is the more to be regretted, as it is not understood that the interposition of the chambers is in any manner required for the delivery of those papers.

Under these circumstances, in a case so important to the interests of our citizens and to the character of our country, and under disappointments so unexpected, I deem it my duty, however I might respect the general assurances to which I have adverted, no longer to delay the appointment of a minister plenipotentiary to Paris, but to despatch him in season to communicate the result of his application to the French government at an early period of your session. I accordingly appointed a distinguished citizen for this purpose, who proceeded on his mission in August last, and was presented to the king early in the month of October. He is particularly instructed as to all matters connected with the present posture of affairs; and I indulge the hope that, with the representations he is instructed to make, and from the disposition manifested by the king and his ministers in their recent assurances to our minister at Paris, the subject will be early considered and satisfactorily disposed of at the next meeting of the chambers.

As this subject involves important interests, and has attracted a considerable share of the public attention, I have deemed it proper to make this explicit statement of its actual condition; and should I be disappointed in the hope now entertained, the subject will be again brought to the notice of Congress in such a manner as the occasion may require.

The friendly relations which have always been maintained between the United States and Russia, have been further extended and strengthened by the treaty of navigation and commerce, concluded on the 6th of December last, and sanctioned by the senate before the close of its last session. The ratifications having been since exchanged, the liberal provisions of the treaty are now in full force; and, under the encouragement which they

have received, a flourishing and increasing commerce, yielding its benefits to the enterprise of both nations, affords to each the just recompense of wise measures, and adds new motives for that mutual friendship which the two countries have hitherto cherished toward each other.

It affords me peculiar satisfaction to state, that the government of Spain has at length yielded to the justice of the claims which have been so long urged in behalf of our citizens, and has expressed a willingness to provide an indemnification as soon as the proper amount can be agreed upon. Upon this latter point, it is probable an understanding had taken place between the minister of the United States and the Spanish government before the decease of the late king of Spain; and unless that event may have delayed its completion, there is reason to hope that it may be in my power to announce to you early in your present session, the conclusion of a convention upon terms not less favorable than those entered into for similar objects with other nations. That act of justice would well accord with the character of Spain, and is due to the United States from their ancient friend. It could not fail to strengthen the sentiments of amity and good will between the two nations which it is so much the wish of the United States to cherish, and so truly the interest of both to maintain.

By the first section of an act of Congress passed on the 13th of July, 1832, the tonnage duty on Spanish ships arriving from the ports of Spain, was limited to the duty payable on American vessels in the ports of Spain, previous to the 20th of October, 1817, being five cents per ton. The act was intended to give effect, on our side, to an arrangement made with the Spanish government, by which discriminating duties of tonnage were to be abolished in the ports of the United States and Spain, on the vessels of the two nations. Pursuant to that arrangement, which was carried into effect on the part of Spain, on the 20th of May, 1832, by a royal order dated the 20th of April, 1832, American vessels in the ports of Spain have paid five cents per ton, which rate of duty is also paid in those ports by Spanish ships; but, as American vessels pay no tonnage duty in the ports of the United States, the duty of five cents payable in our ports by Spanish vessels under the act above mentioned, is really a discriminating duty operating to the disadvantage of Spain. Though no complaint has yet been made on the part of Spain, we are not the less bound by the obligations of good faith to remove the discrimination; and I recommend that the act be amended accordingly. As the royal order above alluded to includes the ports of the Balearic and Canary islands, as well as those of Spain, it would seem that the provisions of the act of Congress should be equally extensive; and that, for the repayment of such duties as may have been improperly received, an addition should be made to the sum appropriated at the last session of Congress for refunding discriminating duties.

As the arrangement referring to, however, did not embrace the islands of Cuba and Porto Rico, discriminating duties, to the prejudice of American shipping, continue to be levied there. From the extent of the commerce carried on between the United States and those islands, particularly the former, this discrimination causes serious injury to one of those great national interests which it has been considered an essential part of our policy to cherish, and has given rise to complaints on the part of our merchants. Under instructions given to our minister at Madrid, earnest representations have been made by him to the Spanish government upon this subject, and there is reason to expect, from the friendly disposition which is entertained

toward this country, that a beneficial change will be produced. The disadvantage, however, to which our shipping is subjected by the operation of these discriminating duties, requires that they be met by suitable countervailing duties during your present session-power being at the same time vested in the president to modify or discontinue them as the discriminating duties on American vessels or their cargoes may be modified or discontinued at those islands. Intimations have been given to the Spanish government, that the United States may be obliged to resort to such measures as are of necessary self-defence, and there is no reason to apprehend that it would be unfavorably received. The proposed proceedings, if adopted, would not be permitted, however, in any degree to induce a relaxation in the efforts of our minister to effect a repeal of this irregularity by friendly negotiation, and it might serve to give force to his representations by showing the dangers to which that valuable trade is exposed by the obstructions and burdens which a system of discriminating and countervailing duties necessarily produces.

The selection and preparation of the Florida archives for the purpose of being delivered over to the United States, in conformity with the royal order, as mentioned in my last annual message, though in progress, has not yet been completed. This delay has been produced, partly by causes which were unavoidable, particularly the prevalence of cholera at Havana; but measures have been taken which it is believed will expedite the delivery of those important records.

Congress were informed at the opening of the last session, that, "owing, as was alleged, to embarrassments in the finances of Portugal, consequent upon the civil war in which that nation was engaged," payment had been made of only one instalment of the amount which the Portuguese government had stipulated to pay for indemnifying our citizens for property illegally captured in the blockade of Terceira. Since that time, a postponement for two years, with interest, of the two remaining instalments, was requested by the Portuguese government; and as a consideration, it offered to stipulate that rice of the United States should be admitted into Portugal at the same duties as Brazilian rice. Being satisfied that no better arrangement could be made, my consent was given; and a royal order of the king of Portugal was accordingly issued on the 4th of February last, for the reduction of the duty on rice of the United States. It would give me great pleasure, if, in speaking of that country, in whose prosperity the United States are so much interested, and with whom a long-subsisting, extensive, and mutually-advantageous commercial intercourse has strengthened the relations of friendship, I could announce to you the restoration of its internal tranquillity.

Subsequently to the commencement of the last session of Congress, the final instalment payable by Denmark under the convention of the 28th day of March, 1830, was received. The commissioners for examining the claims have since terminated their labors, and their awards have been paid at the treasury as they have been called for. The justice rendered to our citizens by that government is thus completed, and a pledge is thereby afforded for the maintenance of that friendly intercourse becoming the relations that the two nations mutually bear to each other.

It is satisfactory to inform you that the Danish government has recently issued an ordinance by which the commerce with the island of St. Croix is placed on a more liberal footing than heretofore. This change can not fail to prove beneficial to the trade between the United States and that