tain, by a declaration of the existing legal state of things, an easier admission of our right to the immunities belonging to our situation. Under these impressions, the Proclamation, which will be laid before you, was issued. In this posture of affairs, both new and delicate, I resolved to adopt general rules, which should conform to the treaties and assert the privileges of the United States. These were reduced into a system, which will be communicated to you. Although I have not thought myself at liberty to forbid the sale of the prizes, permitted by our treaty of commerce with France to be brought into our ports, I have not refused to cause them to be restored, when they were taken within the protection of our territory, or by vessels commissioned or equipped in a warlike form within the limits of the United States. It rests with the wisdom of Congress to correct, improve, or enforce this plan of procedure; and it will probably be found expedient to extend the legal code, and the jurisdiction of the courts of the United States, to many cases, which, though dependent on principles already recognised, demand some further provisions. Where individuals shall within the United States array themselves in hostility against any of the powers at war; or enter upon military expeditions or enterprises within the jurisdiction of the United States; or usurp and exercise judicial authority within the United States; or where the penalties on violations of the law of nations may have been indistinctly marked, or are inadequate; these offences cannot receive too early and close an attention, and require prompt and decisive remedies. Whatsoever those remedies may be, they will be VOL. XII. Ꭰ well administered by the judiciary, who possess a longestablished course of investigation, effectual process, and officers in the habit of executing it. In like manner, as several of the courts have doubted, under particular circumstances, their power to liberate the vessels of a nation at peace, and even of a citizen of the United States, although seized under a false color of being hostile property; and have denied their power to liberate certain captures within the protection of our territory; it would seem proper to regulate their jurisdiction in these points. But if the executive is to be the resort in either of the two last-mentioned cases, it is hoped, that he will be authorized by law to have facts ascertained by the courts, when, for his own information, he shall request it. I cannot recommend to your notice measures for the fulfilment of our duties to the rest of the world, without again pressing upon you the necessity of placing ourselves in a condition of complete defence, and of exacting from them the fulfilment of their duties towards us. The United States ought not to indulge a persuasion, that, contrary to the order of human events, they will for ever keep at a distance those painful appeals to arms, with which the history of every other nation abounds. There is a rank due to the United States among nations, which will be withheld, if not absolutely lost, by the reputation of weakness. If we desire to avoid insult, we must be able to repel it; if we desire to secure peace, one of the most powerful instruments of our rising prosperity, it must be known, that we are at all times ready for war. The documents, which will be presented to you, will show the amount and kinds of arms and military stores now in our magazines and arsenals; and yet an addition even to these supplies cannot with pru dence be neglected, as it would leave nothing to the uncertainty of procuring a warlike apparatus in the moment of public danger. Nor can such arrangements, with such objects, be exposed to the censure or jealousy of the warmest friends of republican government. They are incapable of abuse in the hands of the militia, who ought to possess a pride in being the depository of the force of the Republic, and may be trained to a degree of energy, equal to every military exigency of the United States. But it is an inquiry, which cannot be too solemnly pursued, whether the act "more effectually to provide for the national defence by establishing a uniform militia throughout the United States," has organized them so as to produce their full effect; whether your own experience in the several States has not detected some imperfections in the scheme; and whether a material feature, in an improvement of it, ought not to be to afford an opportunity for the study of those branches of the military art, which can scarcely ever be attained by practice alone. The connexion of the United States with Europe has become extremely interesting. The occurrences, which relate to it, and have passed under the knowledge of the executive, will be exhibited to Congress in a subsequent communication. When we contemplate the war on our frontiers, it may be truly affirmed, that every reasonable effort has been made to adjust the causes of dissension with the Indians north of the Ohio. The instructions given to the commissioners evince a moderation and equity proceeding from a sincere love of peace, and a liberality having no restriction but the essential interests and dignity of the United States. The attempt, however, of an amicable negotiation having been frustrated, the troops have marched to act offensively. Although the proposed treaty did not arrest the progress of military preparation, it is doubtful how far the advance of the season, before good faith justified active movements, may retard them, during the remainder of the year. From the papers and intelligence, which relate to this important subject, you will determine, whether the deficiency in the number of troops, granted by law, shall be compensated by succours of militia; or additional encouragements shall be proposed to recruits. An anxiety has been also demonstrated by the executive for peace with the Creeks and the Cherokees. The former have been relieved with corn and with clothing, and offensive measures against them prohibited, during the recess of Congress. To satisfy the complaints of the latter, prosecutions have been instituted for the violences committed upon them. But the papers, which will be delivered to you, disclose the critical footing on which we stand in regard to both those tribes; and it is with Congress to pronounce what shall be done. After they shall have provided for the present emergency, it will merit their most serious labors, to render tranquillity with the savages permanent by creating ties of interest. Next to a rigorous execution of justice on the violators of peace, the establishment of commerce with the Indian nations on behalf of the United States is most likely to conciliate their attachment. But it ought to be conducted without fraud, without extortion, with constant and plentiful supplies, with a ready market for the commodities of the Indians, and a stated price for what they give in payment, and receive in exchange. Individuals will not pursue such a traffic, unless they be allured by the hope of profit; but it will be enough for the United States to be reimbursed only. Should this recommendation accord with the opinion of Congress, they will recollect, that it cannot be accomplished by any means yet in the hands of the Executive. GENTLEMEN OF THE HOUSE OF REPRESENTATIVES, The commissioners, charged with the settlement of accounts between the United and individual States, concluded their important functions within the time limited by law; and the balances, struck in their report, which will be laid before Congress, have been placed on the books of the treasury. On the first day of June last, an instalment of one million of florins became payable on the loans of the United States in Holland. This was adjusted by a prolongation of the period of reimbursement, in the nature of a new loan, at interest at five per cent for the term of ten years; and the expenses of this operation were a commission of three per cent. The first instalment of the loan of two millions of dollars from the bank of the United States has been paid, as was directed by law. For the second, it is necessary that provision should be made. No pecuniary consideration is more urgent than the regular redemption and discharge of the public debt; on none can delay be more injurious, or an economy of time more valuable. The productiveness of the public revenues hitherto has continued to equal the anticipations which were formed of it; but it is not expected to prove commensurate with all the objects, which have been suggested. Some auxiliary provisions will, therefore, it is presumed, be requisite; and it is hoped that these may be made, consistently with a due regard to the convenience of our citizens, who cannot but be sensible VOL. XII. 6 D* |
