distresses of some and the fears of others, are equally apparent, and if possible more objectionable. By a curtailment of its accommodations, more rapid than any emergency requires, and even while it retains specie to an almost unprecedented amount in its vaults, it is attempting to produce great embarrassment in one portion of the community, while through presses known to have been sustained by its money, it attempts by unfounded alarms to create a panic in all.

These are the means by which it seems to expect that it can force a restoration of the deposites, and, as a necessary consequence, extort from Congress a renewal of its charter. I am happy to know that, through the good sense of our people, the effort to get up a panic has hitherto failed, and that through the increased accommodations which the state banks have been enabled to afford, no public distress has followed the exertions of the bank; and it can not be doubted that the exercise of its power and the expenditure of its money, as well as its efforts to spread groundless alarm, will be met and rebuked as they deserve. In my own sphere of duty, I should feel myself called on by the facts disclosed, to order a scire facias against the bank, with a view to put an end to the chartered rights it has so palpably violated, were it not that the charter itself will expire as soon as a decision would probably be obtained from the court of last resort.

I called the attention of Congress to this subject in my last annual message, and informed them that such measures as were within the reach of the secretary of the treasury had been taken to enable him to judge whether the public deposites in the bank of the United States were entirely safe; but that, as his single powers might be inadequate to the object, I recommended the subject to Congress, as worthy of their serious investigation; declaring it as my opinion that an inquiry into the transactions of that institution, embracing the branches as well as the principal bank, was called for by the credit which was given throughout the country to many serious charges impeaching their character, and which, if true, might justly excite the apprehension that they were no longer a safe depository for the public money. The extent to which the examination, thus recommended, was gone into, is spread upon your journals, and is too well known to require to be stated. Such as was made resulted in a report from a majority of the committee of ways and means, touching certain specified points only, concluding with a resolution that the government deposites might safely be continued in the bank of the United States. This resolution was adopted at the close of the session, by the vote of a majority of the house of representatives.

Although I may not always be able to concur in the views of the public interest or the duties of its agents, which may be taken by the other departments of the government, or either of its branches, I am, notwithstanding, wholly incapable of receiving, otherwise than with the most sincere respect, all opinions or suggestions proceeding from such a source; and in respect to none am I more inclined to do so, than to the house of representatives. But it will be seen from the brief views at this time taken of the subject by myself, as well as the more ample ones presented by the secretary of the treasury, that the change in the deposites which has been ordered, has been deemed to be called for by considerations which are not affected by the proceedings referred to, and which, if correctly viewed by that department, rendered its act a matter of imperious duty.

Coming, as you do, for the most part, immediately from the people and

the states, by election, and possessing the fullest opportunity to know their sentiments, the present Congress will be sincerely solicitous to carry into full and fair effect the will of their constituents in regard to this institution. It will be for those in whose behalf we all act, to decide whether the executive department of the government, in the steps which it has taken on this subject, has been found in the line of its duty.

The accompanying report of the secretary of war, with the documents annexed to it, exhibits the operations of the war department for the past year, and the condition of the various subjects intrusted to its administration.

It will be seen from them that the army maintains the character it has heretofore acquired for efficiency and military knowledge. Nothing has occurred since your last session to require its services beyond the ordinary routine of duties, which upon the seaboard and the inland frontier devolve upon it in a time of peace. The system, so wisely adopted and so long pursued, of constructing fortifications at exposed points, and of preparing and collecting the supplies necessary for the military defence of the country, and thus providently furnishing in peace the means of defence in war, has been continued with the usual results. I recommend to your consideration the various subjects suggested in the report of the secretary of war. Their adoption would promote the public service, and meliorate the condition of the army.

Our relations with the various Indian tribes have been undisturbed since the termination of the difficulties growing out of the hostile aggressions of the Sac and Fox Indians. Several treaties have been formed for the relinquishment of territory to the United States, and for the migration of the occupants to the regions assigned for their residence west of the Mississippi. Should these treaties be ratified by the senate, provision will have been made for the removal of almost all the tribes now remaining east of that river, and for the termination of many difficult and embarrassing questions arising out of their anomalous political condition. It is to be hoped that those portions of two of the southern tribes, which in that event will present the only remaining difficulties, will realize the necessity of emigration, and will speedily resort to it. My original convictions upon this subject have been confirmed by the course of events for several years, and experience is every day adding to their strength. That those tribes can not exist, surrounded by our settlements, and in continual contact with our citizens, is certain. They have neither the intelligence, the industry, the moral habits, nor the desire of improvement, which are essential to any favorable change in their condition. Established in the midst of another and a superior race, and without appreciating the causes of their inferiority, or seeking to control them, they must necessarily yield to the force of circumstances, and ere long disappear. Such has been their fate heretofore, and if it is to be averted-and it is—it can only be done by a general removal beyond our boundary, and by the reorganization of their political system upon principles adapted to the new relations in which they will be placed. The experiment which has been recently made, has so far proved successful. The emigrants generally are represented to be prosperous and contented, the country suitable to their wants and habits, and the essential articles of subsistence easily procured. When the report of the commissioners now engaged in investigating the condition and prospects of these Indians, and in devising a plan for their intercourse and government, is received, I trust ample means of information will be in possession of the

government for adjusting all the unsettled questions connected with this interesting subject.

The operations of the navy during the year, and its present condition, are fully exhibited in the annual report from the navy department.

Suggestions are made by the secretary, of various improvements, which deserve careful consideration, and most of which, if adopted, bid fair to promote the efficiency of this important branch of the public service. Among these are the new organization of the navy board, the revision of the pay to officers, and a change in the period of time, or in the manner of making the annual appropriations, to which I beg leave to call your particular attention.

The views which are presented on almost every portion of our naval concerns, and especially on the amount of force and the number of officers, and the general course of policy appropriate in the present state of our country, for securing the great and useful purposes of naval protection in peace, and due preparation for the contingencies of war, meet with my entire approbation.

It will be perceived, from the report referred to, that the fiscal concerns of the establishment are in an excellent condition; and it is hoped that Congress may feel disposed to make promptly every suitable provision desired, either for preserving or improving the system.

The general postoffice department has continued, upon the strength of its own resources, to facilitate the means of communication between the various portions of the Union with increased activity. The method, however, in which the accounts of the transportation of the mail have always been kept, appears to have presented an imperfect view of its expenses. It has recently been discovered that, from the earliest records of the department, the annual statements have been calculated to exhibit an amount considerably short of the actual expenses incurred for that service. These illusory statements, together with the expense of carrying into effect the law of the last session of Congress, establishing new mail-routes, and a disposition on the part of the head of the department to gratify the wishes of the public in the extension of mail facilities, have induced him to incur responsibilities for their improvement, beyond what the current resources of the department would sustain. As soon as he had discovered the imperfection of the method, he caused an investigation to be made of its results, and applied the proper remedy to correct the evil. It became necessary for him to withdraw some of the improvements which he had made, to bring the expenses of the department within its own resources. These expenses were incurred for the public good, and the public have enjoyed their benefit. They are now but partially suspended, and that where they may be discontinued with the least inconvenience to the country.

The progressive increase in the income from postages has equalled the highest expectations, and it affords demonstrative evidence of the growing importance and great utility of this department. The details are exhibited in the accompanying report of the postmaster-general.

The many distressing accidents which have, of late, occurred in that portion of our navigation carried on by the use of steam power, deserve the immediate and unremitting attention of the constituted authorities of the country. The fact that the number of these fatal disasters is constantly increasing, notwithstanding the great improvements which are everywhere made in the machinery employed, and in the rapid advances

which have been made in that branch of science, show very clearly that they are, in a great degree, the result of criminal negligence on the part of those by whom the vessels are navigated, and to whose care and attention the lives and property of our citizens are so extensively intrusted.

That these evils may be greatly lessened, if not substantially removed, by means of precautionary and penal legislation, seems to be highly probable; so far, therefore, as the subject can be regarded as within the constitutional purview of Congress, I earnestly recommend it to your prompt and serious consideration.

I would also call your attention to the views I have heretofore expressed of the propriety of amending the constitution, in relation to the mode of electing the president and vice-president of the United States. Regarding it as all important to the future quiet and harmony of the people, that every intermediate agency in the election of these officers should be removed, and that their eligibility should be limited to one term of either four or six years, I can not too earnestly invite your consideration of the subject.

Trusting that your deliberations on all the topics of general interest to which I have adverted, and such others as your more extensive knowledge of the wants of our beloved country may suggest, may be crowned with success, I tender you, in conclusion, the co-operation which it may be in my power to afford them.

SPECIAL MESSAGE.

JANUARY 6, 1834.

To the House of Representatives :

I COMMUNICATE to Congress an extract of a letter recently received from R. J. Leib, consul of the United States at Tangier, by which it appears that that officer has been induced to receive from the emperor of Morocco a present of a lion and two horses, which he holds as belonging to the United States. There being no funds at the disposal of the executive applicable to the objects stated by Mr. Lieb, I submit the whole subject to the consideration of Congress, for such direction as in their wisdom may seem proper.

I have directed instructions to be given to all our ministers and agents abroad, requiring that, in future, unless previously authorized by Congress, they will not, under any circumstances, accept presents, of any description, from any foreign state.

I deem it proper, on this occasion, to invite the attention of Congress to the presents which have heretofore been made to our public officers, and which have been deposited, under the orders of the government, in the department of state. These articles are altogether useless to the government, and the care and preservation of them in the department of state are attended with considerable inconvenience.

The provision of the constitution, which forbids any officer, without the consent of Congress, to accept any present from any foreign power, may be considered as having been satisfied by the surrender of the articles to the government; and they might now be disposed of by Congress to those for whom they were originally intended, or to their heirs, with obvious VOL. II.-8

propriety in both cases, and, in the latter, would be received as grateful memorials of the surrender of the present.

As, under the positive order now given, similar presents can not hereafter be received, even for the purpose of being placed at the disposal of the government, I recommend to Congress to authorize, by law, that the articles already in the department of state shall be delivered to the persons to whom they were originally presented, if living, and to the heirs of such as may have died.

SPECIAL MESSAGE.

FEBRUARY 4, 1834.

To the Senate and House of Representatives :

I DEEM it my duty to communicate to Congress the recent conduct of the bank of the United States, in refusing to deliver the books, papers, and funds, in its possession, relating to the execution of the act of Congress of June 7, 1832, entitled, "An act supplementary to the act for the relief of certain surviving officers and soldiers of the revolution." The correspondence reported by the secretary of war, and herewith transmitted, will show the ground assumed by the bank to justify its refusal to make the transfer directed by the war department. It does not profess to claim the privilege of this agency as a right secured to it by contract, nor as a benefit conferred by the government, but as a burden, from which it is willing to be relieved. It places its refusal on the extraordinary ground, that the corporation has a right to sit in judgment upon the legality of the acts of the constituted authorities, in a matter in which the stockholders are admitted to have no interest, and it impedes and defeats, as far as its powers will permit, the execution of a measure of the administration, because the opinion of the corporation, upon the construction of an act of Congress, differs from that of the proper officer of the United States.

The claim of this corporation, thus to usurp the functions of the judicial power, and to prescribe to the executive department the manner in which it shall execute the trust confided to it by law, is without example in the history of our country. If the acts of the public servants, who are responsible to the people for the manner in which they execute their duty, may thus be checked and controlled by an irresponsible money corporation, then, indeed, the whole frame of our government is changed, and we have established a power, in the bank of the United States, above what we derive from the people.

It will be seen, from the accompanying statement, marked A, that, according to the latest accounts received at the war department, the bank of the United States and its branches have in their possession near half a million of the public money, received by them under the law of 1832, which they have not yet accounted for, and which they refuse to pay over to the proper agents, for the use of those persons for whose benefit it was drawn from the treasury. It is to be regretted, that this attempt, on the part of the bank, to guide and direct the executive upon the construction and execution of an act of Congress, should have been put forward and insisted on in a case where the inmediate sufferers from their conduct will be the surviving veterans of the revolutionary war; for this evil falls exclusively