I deem it unnecessary to state my reasons at length for adopting this opinion, the whole subject being fully explained in the letter of the secretary of the treasury and the accompanying papers.

The amount necessary to satisfy the British claim can not at present be ascertained with any degree of accuracy, no individual having yet presented his case to the government of the United States. It is not apprehended that the amount will be large. After such examination of the subject as it has been in his power to make, the secretary of the treasury believes that it will not exceed one hundred thousand dollars.

On the other hand, the claims of the importers of rough rice into Great Britain have been already ascertained, as the duties were paid either under protest, or in exchequer bills. Their amount is stated by Mr. Everett, our late minister at London, in a despatch dated June 1, 1843, to be eightyeight thousand eight hundred and eighty-six pounds sixteen shillings and tenpence sterling, of which sixty thousand and six pounds and fourpence belong to citizens of the United States.

As it may be long before the amount of the British claim can be ascertained, and it would be unreasonable to postpone payment to the American claimants until this can be adjusted, it has been proposed to the British government immediately to refund the excess of duties collected by it on American rough rice. I should entertain a confident hope that this proposal would be accepted, should the arrangement concluded be sanctioned by an act of Congress making provision for the return of the duties in question. The claimants might then be paid as they present their demands, properly authenticated, to the secretary of the treasury.

SPECIAL MESSAGE.

MARCH 24, 1846.

To the Senate of the United States :—

In answer to the inquiry of the senate, contained in their resolution of the 17th instant, whether, in my "judgment, any circumstances connected with, or growing out of the foreign relations of this country, require at this time an increase of our naval or military force;" and if so, what those circumstances are," I have to express the opinion, that a wise precaution demands such increase.

In my annual message of the 2d of December last, I recommended to the favorable consideration of Congress an increase of our naval force, especially of our steam navy, and the raising of an adequate military force to guard and protect such of our citizens as might think proper to emigrate to Oregon. Since that period, I have seen no cause to recall or modify these recommendations. On the contrary, reasons exist which, in my judgment, render it proper, not only that they should be promptly carried into effect, but that additional provision should be made for the public defence.

The consideration of such additional provision was brought before appropriate committees of the two houses of Congress, in answer to calls made by them, in reports prepared, with my sanction, by the secretary of war and the secretary of the navy, on the 29th of December and the 8th of January last; a mode of communication with Congress not unusual,

and under existing circumstances, believed to be most eligible. Subsequent events have confirmed me in the opinion that these recommendations were proper as precautionary measures.

It was a wise maxim of the father of his country, that "to be prepared for war is one of the most efficient means of preserving peace ;" and that, "avoiding occasions of expense by cultivating peace," we should "remember, also, that timely disbursements to prepare for danger frequently prevent much greater disbursements to repel it." The general obligation to perform this duty is greatly strengthened by facts known to the whole world. A controversy respecting the Oregon territory now exists between the United States and Great Britain; and while, as far as we know, the relations of the latter with all European nations are of the most pacific character, she is making unusual and extraordinary armaments and warlike preparations, naval and military, both at home and in her North American possessions.

It can not be disguised, that however sincere may be the desire of peace, in the event of a rupture, these armaments and preparations would be used against our country. Whatever may have been the original purpose of these preparations, the fact is undoubted that they are now proceeding, in part, at least, with a view to the contingent possibility of a war with the United States. The general policy of making additional warlike preparations was distinctly announced, in the speech from the throne, as late as January last, and has since been reiterated by the ministers of the crown, in both houses of parliament. Under this aspect of our relations with Great Britain, I can not doubt the propriety of increasing our means of defence, both by land and sea. This can give Great Britain no cause of offence, nor increase the danger of a rupture. If, on the contrary, we should fold our arms in security, and at last be suddenly involved in hostilities for the maintenance of our just rights, without any adequate preparation, our responsibility to the country would be of the gravest character. Should collision between the two countries be avoided, as I sincerely trust it may be, the additional charge upon the treasury, in making the necessary preparations, will not be lost; while, in the event of such a collision, they would be indispensable for the maintenance of our national rights and national honor.

I have seen no reason to change or modify the recommendations of my annual message, in regard to the Oregon question. The notice to abrogate the treaty of the 6th of August, 1827, is authorized by the treaty itself, and can not be regarded as a warlike measure; and I can not withhold my strong conviction that it should be promptly given. The other recommendations are in conformity with the existing treaty, and would afford to American citizens in Oregon no more than the same measure of protection which has long since been extended to British subjects, in that territory.

The state of our relations with Mexico is still in an unsettled condition. Since the meeting of Congress another revolution has taken place in that country, by which the government has passed into the hands of new rulers. This event has procrastinated, and may possibly defeat, the settlement of the differences between the United States and that country. The minister of the United States to Mexico, at the date of the last advices, had not been received by the existing authorities. Demonstrations of a character hostile to the United States continue to be made in Mexico, which has rendered it proper, in my judgment, to keep nearly two thirds

of our army on our southwestern frontier. In doing this, many of the regular military posts have been reduced to a small force, inadequate to their defence, should an emergency arise.

In view of these "circumstances," it is my "judgment" that "an increase of our naval and military force is at this time required," to place the country in a suitable state of defence. At the same time, it is my settled purpose to pursue such a course of policy as may be best calculated to preserve, both with Great Britain and Mexico, an honorable peace; which nothing will so effectually promote as unanimity in our councils, and a firm maintenance of all our just rights.

SPECIAL MESSAGE.

APRIL 2, 1846.

To the Senate of the United States :

In compliance with the request of a delegation of the Tonawanda band of the Seneca Indians, now in this city, I herewith transmit for your consideration a memorial addressed to the president and the senate, in relation to the treaty of January 15, 1838, with the "Six Nations of New York Indians ;" and that of May 20, 1842, with the "Seneca nation of Indians."

SPECIAL MESSAGE.

APRIL 13, 1846.

To the Senate and House of Representatives of the United States :IN my annual message of the 2d of December last, it was stated that serious difficulties of long standing continued to distract the several parties into which the Cherokee tribe of Indians is unhappily divided; that all the efforts of the government to adjust these difficulties had proved to be unsuccessful, and would probably remain so, without the aid of further legislation by Congress. Subsequent events have confirmed this opinion.

I communicate herewith, for the information of Congress, a report from the secretary of war, transinitting a report of the commissioner of Indian affairs, with accompanying documents; together with memorials which have been received from the several bands, or parties of the Cherokees themselves. It will be perceived that internal feuds still exist, which call for the prompt intervention of the government of the United States.

Since the meeting of Congress, several unprovoked murders have been committed by the stronger upon the weaker party of the tribe, which will probably remain unpunished by the Indian authorities, and there is reason to apprehend that similar outrages will continue to be perpetrated, unless restrained by the authorities of the United States.

Many of the weaker party have been compelled to seek refuge beyond the limits of the Indian country, and within the state of Arkansas, and are destitute of the means for their daily subsistence. The military forces of the United States stationed on the western frontier have been active in

their exertions to suppress these outrages, and to execute the treaty of 1835, by which it is stipulated that "the United States agree to protect the Cherokee nation from domestic strife and foreign enemies, and against intestine wars between the several tribes."

These exertions of the army have proved to a great extent unavailing, for the reasons stated in the accompanying documents, including communications from the officer commanding at Fort Gibson.

I submit for the consideration of Congress, the propriety of making such amendments of the laws regulating intercourse with the Indian tribes as will subject to trial and punishment, in the courts of the United States, all Indians guilty of murder, and such other felonies as may be designated, when committed on other Indians within the jurisdiction of the United States.

Such a modification of the existing laws is suggested, because, if offenders against the laws of humanity in the Indian country are left to be punished by the Indian laws, they will generally, if not always, be permitted to escape with impunity. This has been the case in repeated instances among the Cherokees. For years, unprovoked murders have been committed, and yet no effort has been made to bring the offenders to punishment. Should this state of things continue, it is not difficult to foresee that the weaker party will be finally destroyed. As the guardian of the Indian tribes, the government of the United States is bound, by every consideration of duty and humanity, to interpose to prevent such a disaster.

From the examination which I have made into the actual state of things in the Cherokee nation, I am satisfied that there is no probability that the different bands or parties into which it is divided can ever again live together in peace and harmony, and that the well-being of the whole requires that they should be separated and live under separate governments, as distinct tribes.

That portion who emigrated to the west of the Mississippi prior to the year 1819, commonly called the "old settlers," and that portion who made the treaty of 1835, known as the "treaty party," it is believed would willingly unite, and could live together in harmony. The number of these, as nearly as can be estimated, is about one third of the tribe. The whole number of all the bands or parties does not probably exceed twenty thousand. The country which they occupy embraces seven millions of acres of land, with the privilege of an outlet to the western limits of the United States. This country is susceptible of division, and is large enough for all.

I submit to Congress the propriety of either dividing the country which they at present occupy, or of providing by law a new home for the one or the other of the bands or parties now in hostile array against each other, as the most effectual, if not the only means of preserving the weaker party from massacre and total extermination. Should Congress favor the division of the country, as suggested, and the separation of the Cherokees into two distinct tribes, justice will require that the annuities and funds belonging to the whole, now held in trust for them, should be equitably distributed among the parties, according to their respective claims and numbers.

There is still a small number of the Cherokee tribe remaining within the state of North Carolina, who, according to the stipulations of the treaty of 1835, should have emigrated with their brethren to the west of the

Mississippi. It is desirable that they should be removed; and, in the event of a division of the country in the west, or of a new home being provided for a portion of the tribe, that they be permitted to join either party, as they may prefer, and be incorporated with them.

I submit the whole subject to Congress, that such legislative measures may be adopted as will be just to all the parties or bands of the tribe. Such measures, I am satisfied, are the only means of arresting the horrid and inhuman massacres which have marked the history of the Cherokees for the last few years, and especially for the last few months.

The Cherokees have been regarded as among the most enlightened of the Indian tribes; but experience has proved that they have not yet advanced to such a state of civilization as to dispense with the guardian care and control of the government of the United States.

SPECIAL MESSAGE.

APRIL 20, 1846.

To the House of Representatives of the United States :

I HAVE Considered the resolution of the house of representatives, of the 9th instant, by which I am requested "to cause to be furnished to that house an account of all payments made on president's certificates, from the fund appropriated by law, through the agency of the state department, for the contingent expenses of foreign intercourse, from the 4th of March, 1841, until the retirement of Daniel Webster from the department of state; with copies of all entries, receipts, letters, vouchers, memorandums, or other evidence of such payments; to whom paid, for what, and particularly all concerning the northeastern boundary dispute with Great Britain.” With an anxious desire to furnish to the house any information requested by that body, which may be in the executive departments, I have felt bound by a sense of public duty to inquire how far I could, with propriety, or consistently with the existing laws, respond to their call.

The usual annual appropriation "for the contingent expenses of intercourse between the United States and foreign nations" has been disbursed since the date of the act of May 1, 1810, in pursuance of its provisions. By the third section of that act it is provided:

"That when any sum or sums of money shall be drawn from the treasury, under any law making appropriation for the contingent expenses of intercourse between the United States and foreign nations, the president shall be, and he is hereby authorized to cause the same to be duly settled, annually, with the accounting officers of the treasury, in the manner following, that is to say: by causing the same to be accounted for, specially, in all instances wherein the expenditure thereof may, in his judgment, be made public, and by making a certificate of the amount of such expenditures as he may think it advisable not to specify; and every such certificate shall be deemed a sufficient voucher for the sum or sums therein expressed to have been expended."

Two distinct classes of expenditure are authorized by this law; the one of a public, and the other of a private and confidential character. The president in office at the time of the expenditure is made by the law the sole judge whether it shall be public or private. Such sums are to be VOL. II.-48