Chapter 66 1843
WASHINGTON, January 9, 1843. 
To the Senate of the United States: 
I have received a resolution of the Senate of the 27th of December, in the following terms: 
Resolved, That the President be requested to inform the Senate, if compatible with the public interest, whether the quintuple treaty for the suppression of the slave trade has been communicated to the Government of the United States in any form whatever, and, if so, by whom, for what purpose, and what answer may have been returned to such communication. Also to communicate to the Senate all the information which may have been received by the Government of the United States going to show that the "course which this Government might take in relation to said treaty has excited no small degree of attention and discussion in Europe." Also to inform the Senate how far the "warm animadversions" and the "great political excitement" which this treaty has caused in Europe have any application or reference to the United States. Also to inform the Senate what danger there was that "the laws and the obligations" of the United States in relation to the suppression of the slave trade would be "executed by others," if we did not "remove the pretext and motive for violating our flag and executing our laws" by entering into the stipulations for the African squadron and the remonstrating embassies which are contained in the eighth and ninth articles of the late British treaty. Also that the President be requested to communicate to the Senate all the correspondence with our ministers abroad relating to the foregoing points of inquiry. Also that the President be requested to communicate to the Senate all such information upon the negotiation of the African squadron articles as will show the origin of such articles and the history and progress of their formation. 
I informed the Senate, in the message transmitting the treaty with England of the 9th of August last, that no application or request had been made to this Government to become a party to the quintuple treaty. Agents of the Government abroad, regarding the signature of that treaty as a political occurrence of some importance, obtained, unofficially, copies of it, and transmitted those copies to the Department of State, as other intelligence is communicated for the information of the Government. The treaty has not been communicated to the Government of the United States from any other quarter, in any other manner, or for any other purpose. 
The next request expressed in the resolution is in these words: 
Also to communicate to the Senate all the information which may have been received by the Government of the United States going to show that the "course which this Government might take in relation to said treaty has excited no small degree of attention and discussion in Europe." Also to inform the Senate how far the "warm animadversions" and the "great political excitement" which this treaty has caused in Europe have any application or reference to the United States. 
The words quoted in this part of the resolution appear to be taken from my message above mentioned. In that communication I said: 
No application or request has been made to this Government to become a party to this treaty, but the course it might take in regard to it has excited no small degree of attention and discussion in Europe, as the principle upon which it is founded and the stipulations which it contains have caused warm animadversions and great political excitement. 
In my message at the commencement of the present session of Congress I endeavored to state the principles which this Government supports respecting the right of search and the immunity of flags. Desirous of maintaining those principles fully, at the same time that existing obligations should be fulfilled, I have thought it most consistent with the honor and dignity of the country that it should execute its own laws and perform its own obligations by its own means and its own power. The examination or visitation of the merchant vessels of one nation by the cruisers of another for any purposes except those known and acknowledged by the law of nations, under whatever restraints or regulations it may take place, may lead to dangerous results. It is far better by other means to supersede any supposed necessity or any motive for such examination or visit. Interference with a merchant vessel by an armed cruiser is always a delicate proceeding, apt to touch the point of national honor as well as to affect the interests of individuals. It has been thought, therefore, expedient, not only in accordance with the stipulations of the treaty of Ghent, but at the same time as removing all pretext on the part of others for violating the immunities of the American flag upon the seas as they exist and are defined by the law of nations, to enter into the articles now submitted to the Senate. 
The treaty which I now submit to you proposes no alteration, mitigation, or modification of the rules of the law of nations. It provides simply that each of the two Governments shall maintain on the coast of Africa a sufficient squadron to enforce, separately and respectively, the laws, rights, and obligations of the two countries for the suppression of the slave trade. 
These opinions were expressed by me officially upon the occasion of making to the Senate a communication of very great importance. It is not perceived how the accuracy of this general statement can be doubted by those who are acquainted with the debates of public bodies in Europe, the productions of the press, and the other modes by which public opinion is manifested in an enlightened age. It is not to be supposed that excited attention to public and national transactions or general political discussions in Europe on subjects open to all the world are known only in consequence of private information communicated to the Government, and feeling a strong persuasion that it would be improper in the Executive to go into any discussion or argument upon such a subject with the Senate, I have no further remarks to make upon this part of the inquiry. 
The third inquiry is: 
What danger there was that "the laws and the obligations" of the United States in relation to the suppression of the slave trade would be "executed by others" if we do not "remove the pretext and motive for violating our flag and executing our laws." 
I have already quoted from the message the entire paragraph to a part of which this portion of the inquiry is supposed to refer. 
As to the danger there was that the laws and the obligations of the United States in relation to the suppression of the slave trade would be executed by others if we did not remove the pretext and motive for violating our flag and provide for executing our laws, I might say that this depends upon notorious facts and occurrences, of which the evidence has been in various forms before the country and all the branches of the Government. 
When I came to occupy the Executive chair I could not be ignorant of the numerous complaints which had been made on account of alleged interruptions of American vessels engaged in lawful commerce on the coast of Africa by British cruisers on the ground of their being engaged in the slave trade. I could not be ignorant, at the same time, of the well-grounded suspicions which pervaded the country that some American vessels were engaged in that odious and unlawful traffic. There were two dangers, then, to be guarded against  the one, that this traffic would continue to be carried on in American ships, and perhaps much increased, unless some new and vigorous effort should be made for its suppression; the other, that acquiescence in the capture of American vessels, notorious slave dealers, by British cruisers might give countenance to seizures and detentions of vessels lawfully employed on light or groundless suspicions. And cases had arisen under the administration of those who preceded me well calculated to show the extent and magnitude of this latter danger; and believing that very serious consequences might in time grow out of the obvious tendency and progress of things, I felt it to be my duty to arrest that progress, to rescue the immunity of the American flag from the danger which hung over it, and to do this by recommending such a provision for the execution of our own laws as should remove all pretense for the interference of others. 
Among the occurrences to which I have alluded, it may be useful to particularize one case. 
The schooner Catharine, an American vessel owned by citizens of the United States, was seized on the coast of Africa by the British cruiser called the Dolphin and brought into the port of New York in the summer of 1839. Upon being brought into port, Benjamin F. Butler, esq., district attorney of the United States for the southern district of New York, appeared in the district court of the United States for that district and in the name and behalf of the United States libeled the schooner, her apparel and furniture, for a violation of the several acts of Congress passed for the suppression of the slave trade. The schooner being arrested by the usual process in such cases and possession taken of her from the hands of the British captors by officers of the United States, the cause proceeded, and by a decree of the circuit court in December, 1840, a forfeiture was pronounced. From this decree an appeal was taken, which is now pending in the Supreme Court of the United States. 
It is true that in another case, that of the Tigris, of like general character, soon after arising, the then Secretary of State, on the 1st of March, 1841, informed Mr. Fox, the British minister, that "however strong and unchangeable may be the determination of this Government to punish any citizens of the United States who violate the laws against the African slave trade, it will not permit the exercise of any authority by foreign armed vessels in the execution of those laws." 
But it is evident that this general declaration did not relieve the subject from its difficulties. Vessels of the United States found engaged in the African slave trade are guilty of piracy under the acts of Congress. It is difficult to say that such vessels can claim any interference of the Government in their behalf, into whosesoever hands they may happen to fall, any more than vessels which should turn general pirates. Notorious African slave traders can not claim the protection of the American character, inasmuch as they are acting in direct violation of the laws of their country and stand denounced by those laws as pirates. In case of the seizure of such a vessel by a foreign cruiser, and of her being brought into a port of the United States, what is to be done with her? Shall she be libeled, prosecuted, and condemned as if arrested by a cruiser of the United States? If this is to be done, it is clear that the agency of a foreign power has been instrumental in executing the laws of the United States. Or, on the other hand, is the vessel, with all her offenses flagrant upon her, to be released on account of the agency by which she was seized, discharged of all penalties, and left at liberty to renew her illegal and nefarious traffic? 
It appeared to me that the best, if not the only, mode of avoiding these and other difficulties was by adopting such a provision as is contained in the late treaty with England. 
The Senate asks me for the reasons for entering into the stipulations for the "remonstrating embassies" contained in the late treaty. Surely there is no stipulation in the treaty for any "remonstrating embassies," or any other embassies, nor any reference or allusion to any such thing. In this respect all that the treaty provides is in the ninth article and is in these words: 
The parties to this treaty agree that they will unite in all becoming representations and remonstrances with any and all powers within whose dominions such markets [for African slaves] are allowed to exist, and that they will urge upon all such powers the propriety and duty of closing such markets effectually, at once and forever. 
It always gives me sincere pleasure to communicate to both Houses of Congress anything in my power which may aid them in the discharge of their high duties and which the public interest does not require to be withheld. In transmitting the late treaty to the Senate everything was caused to accompany it which it was supposed could enlighten the judgment of the Senate upon its various provisions. The views of the Executive, in agreeing to the eighth and ninth articles, were fully expressed, and pending the discussion in the Senate every call for further information was promptly complied with, and nothing kept back which the Senate desired. Upon this information and upon its own knowledge of the subject the Senate made up and pronounced its judgment upon its own high responsibility, and as the result of that judgment the treaty was ratified, as the Journal shows, by a vote of 39 to 9. The treaty has thus become the law of the land by the express advice of the Senate, given in the most solemn manner known to its proceedings. The fourth request is   
That the President be requested to communicate to the Senate all the correspondence with our ministers abroad relating to the foregoing points of inquiry. 
If this branch of the resolution were more definite, some parts of it might perhaps be met without prejudice to the public interest by extracts from the correspondence referred to. At a future day a communication may be expected to be made as broad and general as a proper regard to these interests will admit, but at present I deem any such communication not to be consistent with the public interest. 
The fifth and last is   
That the President be requested to communicate to the Senate all such information upon the negotiation of the African squadron articles as will show the origin of such articles and the history and progress of their formation. 
These articles were proposed to the British minister by the Secretary of State under my express sanction and were acceded to by him and have since been ratified by both Governments. I might without disrespect speak of the novelty of inquiring by the Senate into the history and progress of articles of a treaty through a negotiation which has terminated, and as the result of which these articles have become the law of the land by the constitutional advice of the Senate itself. But I repeat that those articles had their origin in a desire on the part of the Government of the United States to fulfill its obligations, entered into by the treaty of Ghent, to do its utmost for the suppression of the African slave trade, and to accomplish this object by such means as should not lead to the interruption of the lawful commerce of the United States or any derogation from the dignity and immunity of their flag. And I have the satisfaction to believe that both the Executive, in negotiating the treaty of which these articles form part, and the Senate, in advising to its ratification, have effected an object important to the Government and satisfactory to the people. 
In conclusion I hope I may be permitted to observe that I have, out of a profound respect for the Senate, been induced to make this communication in answer to inquiries some of which at least are believed to be without precedent in the history of the relations between that body and the executive department. These inquiries were particularly unexpected to me at the present moment. As I had been so fortunate as to find my own views of the expediency of ratifying the late treaty with England confirmed by a vote of somewhat more than four-fifths of the Senators present, I have hitherto flattered myself that the motives which influenced my conduct had been fully appreciated by those who advised and approved it, and that if a necessity should ever arise for any special explanation or defense in regard to those motives it could scarcely be in that assembly itself. 
JOHN TYLER.

WASHINGTON, January 18, 1843. 
To the House of Representatives: 
In compliance with the resolution of the House of Representatives of the 27th ultimo, I now transmit the letter and pamphlet which accompanies this. 
JOHN TYLER.

WASHINGTON, January 23, 1843. 
To the Senate of the United States: 
I herewith transmit to the Senate, in answer to their resolution of the 19th instant, reports from the State and War Departments. 
JOHN TYLER.

WASHINGTON, January 23, 1843. 
To the Senate of the United States: 
I transmit to the Senate herewith, in answer to their resolution of the 5th instant, a report from the Secretary of State, with accompanying documents. 
JOHN TYLER.

WASHINGTON, January 31, 1843. 
To the House of Representatives: 
In compliance with a resolution of the House of Representatives of the 24th instant, requesting me to communicate answers to certain queries therein contained respecting instructions given to the commissioners appointed to adjudicate claims arising under the Cherokee treaty of 1835, I transmit herewith a report from the War Department, accompanied by a copy of the instructions referred to. 
JOHN TYLER.

WASHINGTON, January 31, 1843. 
To the House of Representatives: 
At the last session of Congress a resolution was passed by the House of Representatives requesting me to cause to be communicated to the House "the several reports made to the Department of War by Lieutenant-Colonel Hitchcock relative to the affairs of the Cherokee Indians, together with all information communicated by him concerning the frauds he was charged to investigate; also all facts in the possession of the Executive relating to the subject." 
A resolution of the same import had been passed by the House of Representatives on the 18th of May last, requiring the Secretary of War to communicate to the House the same reports and matters. After consultation with me and under my directions, the Secretary of War informed the House that the reports referred to relative to the affairs of the Cherokees contained information and suggestions in reference to the matters which it was supposed would become the subject of a negotiation between that Department and the delegates of the Cherokee Nation. It was stated by him that the nature and subject of the report, in the opinion of the President and the Department, rendered its publication at that time inconsistent with the public interest. The negotiation referred to subsequently took place, and embraced the matters upon which Lieutenant-Colonel Hitchcock had communicated his views. That negotiation terminated without the conclusion of any arrangement. It may, and in all probability will, be renewed. All the information communicated by Lieutenant-Colonel Hitchcock respecting the Cherokees  their condition as a nation and their relations to other tribes  is herewith transmitted. But his suggestions and projects respecting the anticipated propositions of the delegates and his views of their personal characters can not in any event aid the legislation of Congress, and in my opinion the promulgation of them would be unfair and unjust to him and inconsistent with the public interest, and they are therefore not transmitted. 
The Secretary of War further stated in his answer to the resolution that the other report referred to in it, relating to the alleged frauds which Lieutenant-Colonel Hitchcock was charged to investigate, contained such information as he (Colonel Hitchcock) was enabled to obtain by ex parte inquiries of various persons whose statements were necessarily without the sanction of an oath, and which the persons implicated had had no opportunity to contradict or explain. He expressed the opinion that to promulgate those statements at that time would be grossly unjust to those persons and would be calculated to defeat rather than promote the objects of the inquiry, and he remarked that sufficient opportunity had not been given to the Department to pursue the investigation or to call upon the parties affected for explanations or to determine on the measures proper to be adopted. And he hoped these reasons would be satisfactory for not transmitting to the House at that time the reports referred to in its resolution. 
It would appear from the report of the Committee on Indian Affairs, to whom the communication of the Secretary of War was referred, and which report has been transmitted to me, together with the resolutions of the House adopted on the recommendation of the committee, and from those resolutions, that the reasons given by the Secretary were not deemed satisfactory and that the House of Representatives claims the right to demand from the Executive and heads of Departments such information as maybe in their possession relating to "subjects of the deliberations of the House and within the sphere of its legitimate powers," and that in the opinion of the House the reports and facts called for by its resolution of the 18th of May related to subjects of its deliberations and were within the sphere of its legitimate powers, and should have been communicated. 
If by the assertion of this claim of right to call upon the Executive for all the information in its possession relating to any subject of the deliberation of the House, and within the sphere of its legitimate powers, it is intended to assert also that the Executive is bound to comply with such call without the authority to exercise any discretion on its part in reference to the nature of the information required or to the interests of the country or of individuals to be affected by such compliance, then do I feel bound, in the discharge of the high duty imposed upon me "to preserve, protect, and defend the Constitution of the United States," to declare in the most respectful manner my entire dissent from such a proposition. The instrument from which the several departments of the Government derive their authority makes each independent of the other in the discharge of their respective functions. The injunction of the Constitution that the President "shall take care that the laws be faithfully executed" necessarily confers an authority commensurate with the obligation imposed to inquire into the manner in which all public agents perform the duties assigned to them by law. To be effective these inquiries must often be confidential. They may result in the collection of truth or of falsehood, or they may be incomplete and may require further prosecution. To maintain that the President can exercise no discretion as to the time in which the matters thus collected shall be promulgated or in respect to the character of the information obtained would deprive him at once of the means of performing one of the most salutary duties of his office. An inquiry might be arrested at its first stage and the officers whose conduct demanded investigation may be enabled to elude or defeat it. To require from the Executive the transfer of this discretion to a coordinate branch of the Government is equivalent to the denial of its possession by him and would render him dependent upon that branch in the performance of a duty purely executive. 
Nor can it be a sound position that all papers, documents, and information of every description which may happen by any means to come into the possession of the President or of the heads of Departments must necessarily be subject to the call of the House of Representatives merely because they relate to a subject of the deliberations of the House, although that subject may be within the sphere of its legitimate powers. It can not be that the only test is whether the information relates to a legitimate subject of deliberation. The Executive Departments and the citizens of this country have their rights and duties as well as the House of Representatives, and the maxim that the rights of one person or body are to be so exercised as not to impair those of others is applicable in its fullest extent to this question. Impertinence or malignity may seek to make the Executive Departments the means of incalculable and irremediable injury to innocent parties by throwing into them libels most foul and atrocious. Shall there be no discretionary authority permitted to refuse to become the instruments of such malevolence? 
And although information comes through a proper channel to an executive officer it may often be of a character to forbid its being made public. The officer charged with a confidential inquiry, and who reports its result under the pledge of confidence which his appointment implies, ought not to be exposed individually to the resentment of those whose conduct may be impugned by the information he collects. The knowledge that such is to be the consequence will inevitably prevent the performance of duties of that character, and thus the Government will be deprived of an important means of investigating the conduct of its agents. 
It is certainly no new doctrine in the halls of judicature or of legislation that certain communications and papers are privileged, and that the general authority to compel testimony must give way in certain cases to the paramount rights of individuals or of the Government. Thus no man can be compelled to accuse himself, to answer any question that tends to render him infamous, or to produce his own private papers on any occasion. The communications of a client to his counsel and the admissions made at the confessional in the course of religious discipline are privileged communications. In the courts of that country from which we derive our great principles of individual liberty and the rules of evidence it is well settled  and the doctrine has been fully recognized in this country  that a minister of the Crown or the head of a department can not be compelled to produce any papers or disclose any transactions relating to the executive functions of the Government which he declares are confidential or such as the public interest requires should not be divulged; and the persons who have been the channels of communication to officers of the State are in like manner protected from the disclosure of their names. Other instances of privileged communications might be enumerated if it were deemed necessary. These principles are as applicable to evidence sought by a legislature as to that required by a court. 
The practice of the Government since its foundation has sanctioned the principle that there must necessarily be a discretionary authority in reference to the nature of the information called for by either House of Congress. 
The authority was claimed and exercised by General Washington in 1796. In 1825 President Monroe declined compliance with a resolution of the House of Representatives calling for the correspondence between the Executive Departments of this Government and the officers of the United States Navy and others at or near the ports of South America on the Pacific Ocean. In a communication made by the Secretary of War in 1832 to the Committee of the House on the Public Lands, by direction of President Jackson, he denies the obligation of the Executive to furnish the information called for and maintains the authority of the President to exercise a sound discretion in complying with calls of that description by the House of Representatives or its committees. Without multiplying other instances, it is not deemed improper to refer to the refusal of the President at the last session of the present Congress to comply with a resolution of the House of Representatives calling for the names of the members of Congress who had applied for offices. As no further notice was taken in any form of this refusal, it would seem to be a fair inference that the House itself admitted that there were cases in which the President had a discretionary authority in respect to the transmission of information in the possession of any of the Executive Departments. 
Apprehensive that silence under the claim supposed to be set up in the resolutions of the House of Representatives under consideration might be construed as an acquiescence in its soundness, I have deemed it due to the great importance of the subject to state my views, that a compliance in part with the resolution may not be deemed a surrender of a necessary authority of the Executive. 
Many of the reasons which existed at the date of the report of the Secretary of War of June 1, 1842, for then declining to transmit the report of Lieutenant-Colonel Hitchcock concerning the frauds which he was charged to investigate have ceased to operate. It has been found wholly impracticable to pursue the investigation in consequence of the death and removal out of the country of those who would be called upon to testify, and in consequence of the want of adequate authority or means to render it effectual. It could not be conducted without expense. Congress at its last session prohibited the payment of any account or charge whatever growing out of or in any way connected with any commission or inquiry, except military and naval courts-martial and courts of inquiry, unless special appropriations should be made for the payment of such accounts and charges. Of the policy of that provision of law it does not become me to speak, except to say that the institution of inquiries into the conduct of public agents, however urgent the necessity for such inquiry may be, is thereby virtually denied to the Executive, and that if evils of magnitude shall arise in consequence of the law I take to myself no portion of the responsibility. 
In relation to the propriety of directing prosecutions against the contractors to furnish Indians rations who are charged with improper conduct, a correspondence has been had between the War Department and the Solicitor of the Treasury, which is herewith transmitted in a conviction that such prosecution would be entirely ineffectual. 
Under these circumstances I have thought proper to direct that the report of Lieutenant-Colonel Hitchcock concerning the frauds which he was charged to investigate be transmitted to the House of Representatives, and it accordingly accompanies this message. At the same time, I have to request the House to consider it so far confidential as not to direct its publication until the appropriate committee shall have examined it and expressed their opinion whether a just regard to the character and rights of persons apparently implicated, but who have not had an opportunity to meet the imputations on them, does not require that portions at least of the report should not at present be printed. 
This course is adopted by me from a desire to render justice to all and at the same time avoid even the appearance of a desire to screen any, and also to prevent the exaggerated estimate of the importance of the information which is likely to be made from the mere fact of its being withheld. 
The resolution of the House also calls for "all facts in the possession of the Executive, from any source, relating to the subject." There are two subjects specified in the resolution  one "relative to the affairs of the Cherokee Indians," and another "concerning the frauds he [Lieutenant-Colonel Hitchcock] was charged to investigate." 
All the papers in the War Department or its bureaus relating to the affairs of the Cherokee Indians, it is believed, have been from time to time communicated to Congress and are contained in the printed documents, or are now transmitted, with the exception of those portions of Lieutenant-Colonel Hitchcock's report hereinbefore mentioned, and excepting the correspondence with the Cherokee delegates in the negotiations which took place during the last summer, which are not supposed to be within the intent of the resolution of the House. For the same reason a memorial from the Old Settlers, or Western Cherokees, as they term themselves, recently presented, is not transmitted. If these or any other public documents should be desired by the House, a specification of them will enable me to cause them to be furnished if it should be found proper. 
All the papers in the War Office or its bureaus known or supposed to have any relation to the alleged frauds which Lieutenant-Colonel Hitchcock was charged to investigate are herewith transmitted. 
JOHN TYLER.

WASHINGTON, February 8, 1843. 
To the House of Representatives of the United States: 
I herewith transmit to the House of Representatives, in answer to their resolution of the 28th ultimo, a report from the Secretary of State. 
JOHN TYLER.

WASHINGTON, February 9, 1843. 
To the House of Representatives: 
In order to enable Congress to approve or disapprove the selection of a site for a Western armory made by the board of commissioners appointed by me for that purpose pursuant to the act of September 9, 1841, I transmit herewith their report and proceedings, as required by that act. 
JOHN TYLER.

WASHINGTON, February 13, 1843. 
To the House of Representatives: 
I herewith transmit to the House of Representatives a report made to me on the 9th instant by the Secretary of the Treasury, on the subject of the present and prospective condition of the finances. 
You will perceive from it that even if the receipts from the various sources of revenue for the current year shall prove not to have been overrated and the expenditures be restrained within the estimates, the Treasury will be exhausted before the close of the year, and that this will be the case although authority should be given to the proper Department to reissue Treasury notes. But the state of facts existing at the present moment can not fail to awaken a doubt whether the amount of the revenue for the respective quarters of the year will come up to the estimates, nor is it entirely certain that the expenditures which will be authorized by Congress may not exceed the aggregate sum which has hitherto been assumed as the basis of the Treasury calculations. 
Of all the duties of the Government, none is more sacred and imperative than that of making adequate and ample provision for fulfilling with punctuality its pecuniary engagements and maintaining the public credit inviolate. Any failure in this respect not produced by unforeseen causes could only be regarded by our common constituents as a serious neglect of the public interests. I feel it, therefore, to be an indispensable obligation, while so much of the session yet remains unexpired as to enable Congress to give to the subject the consideration which its great importance demands, most earnestly to call its attention to the propriety of making further provision for the public service of the year. 
The proper objects of taxation are peculiarly within the discretion of the Legislature, while it is the duty of the Executive to keep Congress duly advised of the state of the Treasury and to admonish it of any danger which there may be ground to apprehend of a failure in the means of meeting the expenditures authorized by law. 
I ought not, therefore, to dissemble my fears that there will be a serious falling off in the estimated proceeds both of the customs and the public lands. I regard the evil of disappointment in these respects as altogether too great to be risked if by any possibility it may be entirely obviated. 
While I am far from objecting, under present circumstances, to the recommendation of the Secretary that authority be granted him to reissue Treasury notes as they shall be redeemed, and to other suggestions which he has made on this subject, yet it appears to me to be worthy of grave consideration whether more permanent and certain supplies ought not to be provided. The issue of one note in redemption of another is not the payment of a debt, which must be made in the end by some form of public taxation. 
I can not forbear to add that in a country so full of resources, of such abundant means if they be but judiciously called out, the revenues of the Government, its credit, and its ability to fulfill all its obligations ought not to be made dependent on temporary expedients or on calculations of an uncertain character. The public faith in this or in all things else ought to be placed beyond question and beyond contingency. 
The necessity of further and full provision for supplying the wants of the Treasury will be the more urgent if Congress at this present session should adopt no plan for facilitating the financial operations of the Government and improving the currency of the country. By the aid of a wise and efficient measure of that kind not only would the internal business and prosperity of the country be revived and invigorated, but important additions to the amount of revenue arising from importations might also be confidently expected. Not only does the present condition of things in relation to the currency and commercial exchanges produce severe and distressing embarrassments in the business and pursuits of individuals, but its obvious tendency is to create also a necessity for the imposition of new burdens of taxation in order to secure the Government and the country against discredit from the failure of means to fulfill the public engagements. 
JOHN TYLER.

WASHINGTON, February 18, 1843. 
To the House of Representatives of the United States: 
A resolution has been communicated to me, which was adopted by the House of Representatives on the 2d instant, in the following terms: 
Resolved, That the President of the United States be requested to inform this House by what authority and under whose instructions Captain Thomas ap Catesby Jones, commander of the squadron of the United States in the Pacific Ocean, did, on or about the 19th of October last, invade in warlike array the territories of the Mexican Republic, take possession of the town of Monterey, and declare himself the commander of the naval and military expedition for the occupation of the Californias. 
Resolved, That the President of the United States be requested to communicate to this House copies of all the instructions given by him or under his authority to the said Captain Jones from the time of his appointment to the command of the said squadron; also copies of all communications received from him relating to his expedition for the occupation of the Californias; and also to inform this House whether orders have been dispatched to the said Captain Jones recalling him from his command. 
The proceeding of Captain Jones in taking possession of the town of Monterey, in the possessions of Mexico, was entirely of his own authority, and not in consequence of any orders or instructions of any kind given to him by the Government of the United States. For that proceeding he has been recalled, and the letter recalling him will be found among the papers herewith communicated. 
The resolution of the House of Representatives asks for "copies of all the instructions given to Captain Jones from the time of his appointment to the command of the said squadron, also copies of all communications received from him relating to his expedition for the occupation of the Californias," without confining the request to such instructions and correspondence as relate to the transactions at Monterey, and without the usual reservation of such portions of the instructions or correspondence as in the President's judgment could not be made public without prejudice or danger to the public interests. 
It may well be supposed that cases may arise even in time of peace in which it would be highly injurious to the country to make public at a particular moment the instructions under which a commander may be acting on a distant and foreign service. In such a case, should it arise, and in all similar cases the discretion of the Executive can not be controlled by the request of either House of Congress for the communication of papers. The duties which the Constitution and the laws devolve on the President must be performed by him under his official responsibility, and he is not at liberty to disregard high interests or thwart important public objects by untimely publications made against his own judgment, by whomsoever such publications may be requested. In the present case, not seeing that any injury is likely to arise from so doing, I have directed copies of all the papers asked for to be communicated; and I avail of the opportunity of transmitting also copies of sundry letters, as noted below. 
JOHN TYLER.

WASHINGTON, February 20, 1843. 
To the House of Representatives: 
I transmit to the House of Representatives a report from the Secretary of State, accompanied by a copy of the correspondence requested by their resolution of the 29th of December last. 
JOHN TYLER.

WASHINGTON, February 20, 1843. 
To the Senate of the United States: 
I transmit to the Senate a report from the Secretary of State, in answer to their resolution of the 14th instant. 
JOHN TYLER.

WASHINGTON, February 24, 1843. 
To the Senate of the United States: 
I transmit to the Senate, in answer to their resolutions of the 20th of December and of the 9th instant, the inclosed copies of papers from the Department of State, with an accompanying list. 
JOHN TYLER.

WASHINGTON, February 27, 1843. 
To the House of Representatives: 
In compliance with the resolution of the House of Representatives of the 22d instant, requesting me to communicate to the House "whatever correspondence or communication may have been received from the British Government respecting the President's construction of the late British treaty concluded at Washington as it concerns an alleged right to visit American vessels," I herewith transmit a report made to me by the Secretary of State. 
I have also thought proper to communicate copies of Lord Aberdeen's letter of the 20th December, 1841, to Mr. Everett, Mr. Everett's letter of the 23d December in reply thereto, and extracts from several letters of Mr. Everett to the Secretary of State. 
I can not forego the expression of my regret at the apparent purport of a part of Lord Aberdeen's dispatch to Mr. Fox. I had cherished the hope that all possibility of misunderstanding as to the true construction of the eighth article of the treaty lately concluded between Great Britain and the United States was precluded by the plain and well-weighed language in which it is expressed. The desire of both Governments is to put an end as speedily as possible to the slave trade, and that desire, I need scarcely add, is as strongly and as sincerely felt by the United States as it can be by Great Britain. Yet it must not be forgotten that the trade, though now universally reprobated, was up to a late period prosecuted by all who chose to engage in it, and there were unfortunately but very few Christian powers whose subjects were not permitted, and even encouraged, to share in the profits of what was regarded as a perfectly legitimate commerce. It originated at a period long before the United States had become independent and was carried on within our borders in opposition to the most earnest remonstrances and expostulations of some of the colonies in which it was most actively prosecuted. Those engaged in it were as little liable to inquiry or interruption as any others. Its character, thus fixed by common consent and general practice, could only be changed by the positive assent of each and every nation, expressed either in the form of municipal law or conventional arrangement. The United States led the way in efforts to suppress it. They claimed no right to dictate to others, but they resolved, without waiting for the cooperation of other powers, to prohibit it to their own citizens and to visit its perpetration by them with condign punishment. I may safely affirm that it never occurred to this Government that any new maritime right accrued to it from the position it had thus assumed in regard to the slave trade. If before our laws for its suppression the flag of every nation might traverse the ocean unquestioned by our cruisers, this freedom was not, in our opinion, in the least abridged by our municipal legislation. 
Any other doctrine, it is plain, would subject to an arbitrary and ever-varying system of maritime police, adopted at will by the great naval power for the time being, the trade of the world in any places or in any articles which such power might see fit to prohibit to its own subjects or citizens. A principle of this kind could scarcely be acknowledged without subjecting commerce to the risk of constant and harassing vexations. 
The attempt to justify such a pretension from the right to visit and detain ships upon reasonable suspicion of piracy would deservedly be exposed to universal condemnation, since it would be an attempt to convert an established rule of maritime law, incorporated as a principle into the international code by the consent of all nations, into a rule and principle adopted by a single nation and enforced only by its assumed authority. To seize and detain a ship upon suspicion of piracy, with probable cause and in good faith, affords no just ground either for complaint on the part of the nation whose flag she bears or claim of indemnity on the part of the owner. The universal law sanctions and the common good requires the existence of such a rule. The right under such circumstances not only to visit and detain but to search a ship is a perfect right and involves neither responsibility nor indemnity. But, with this single exception, no nation has in time of peace any authority to detain the ships of another upon the high seas on any pretext whatever beyond the limits of her territorial jurisdiction. And such, I am happy to find, is substantially the doctrine of Great Britain herself in her most recent official declarations, and even in those now communicated to the House. These declarations may well lead us to doubt whether the apparent difference between the two Governments is not rather one of definition than of principle. Not only is the right of search, properly so called, disclaimed by Great Britain, but even that of mere visit and inquiry is asserted with qualifications inconsistent with the idea of a perfect right. 
In the dispatch of Lord Aberdeen to Mr. Everett of the 20th of December, 1841, as also in that just received by the British minister in this country made to Mr. Fox, his lordship declares that if in spite of all the precaution which shall be used to prevent such occurrences an American ship, by reason of any visit or detention by a British cruiser, "should suffer loss and injury, it would be followed by prompt and ample remuneration;" and in order to make more manifest her intentions in this respect, Lord Aberdeen in the dispatch of the 20th December makes known to Mr. Everett the nature of the instructions given to the British cruisers. These are such as, if faithfully observed, would enable the British Government to approximate the standard of a fair indemnity. That Government has in several cases fulfilled her promises in this particular by making adequate reparation for damage done to our commerce. It seems obvious to remark that a right which is only to be exercised under such restrictions and precautions and risk, in case of any assignable damage to be followed by the consequences of a trespass, can scarcely be considered anything more than a privilege asked for and either conceded or withheld on the usual principles of international comity. 
The principles laid down in Lord Aberdeen's dispatches and the assurances of indemnity therein held out, although the utmost reliance was placed on the good faith of the British Government, were not regarded by the Executive as a sufficient security against the abuses which Lord Aberdeen admitted might arise in even the most cautious and moderate exercise of their new maritime police, and therefore in my message at the opening of the last session I set forth the views entertained by the Executive on this subject, and substantially affirmed both our inclination and ability to enforce our own laws, protect our flag from abuse, and acquit ourselves of all our duties and obligations on the high seas. In view of these assertions the treaty of Washington was negotiated, and upon consultation with the British negotiator as to the quantum of force necessary to be employed in order to attain these objects, the result to which the most deliberate estimate led was embodied in the eighth article of the treaty. 
Such were my views at the time of negotiating that treaty, and such, in my opinion, is its plain and fair interpretation. I regarded the eighth article as removing all possible pretext on the ground of mere necessity to visit and detain our ships upon the African coast because of any alleged abuse of our flag by slave traders of other nations. We had taken upon ourselves the burden of preventing any such abuse by stipulating to furnish an armed force regarded by both the high contracting parties as sufficient to accomplish that object. 
Denying as we did and do all color of right to exercise any such general police over the flags of independent nations, we did not demand of Great Britain any formal renunciation of her pretension; still less had we the idea of yielding anything ourselves in that respect. We chose to make a practical settlement of the question. This we owed to what we had already done upon this subject. The honor of the country called for it; the honor of its flag demanded that it should not be used by others to cover an iniquitous traffic. This Government, I am very sure, has both the inclination and the ability to do this; and if need be it will not content itself with a fleet of eighty guns, but sooner than any foreign government shall exercise the province of executing its laws and fulfilling its obligations, the highest of which is to protect its flag alike from abuse or insult, it would, I doubt not, put in requisition for that purpose its whole naval power. The purpose of this Government is faithfully to fulfill the treaty on its part, and it will not permit itself to doubt that Great Britain will comply with it on hers. In this way peace will best be preserved and the most amicable relations maintained between the two countries. 
JOHN TYLER.

WASHINGTON, February 27, 1843. 
To the House of Representatives: 
I transmit to Congress sundry letters which have passed between the Department of State and the Chevalier d'Argaïz, envoy extraordinary and minister plenipotentiary of Spain near the Government of the United States, on the subject of the schooner Amistad since the last communication of papers connected with that case. This correspondence will show the general grounds on which the Spanish minister expresses dissatisfaction with the decision of the Supreme Court in that case and the answers which have been made to his complaints by the Department of State. 
In laying these papers before Congress I think it proper to observe that the allowance of salvage on the cargo does not appear to have been a subject of discussion in the Supreme Court. Salvage had been denied in the court below and from that part of the decree no appeal had been claimed. 
The ninth article of the treaty between the United States and Spain provides that "all ships and merchandise of what nature soever which shall be rescued out of the hands of any pirates or robbers on the high seas shall be brought into some port of either State and shall be delivered to the custody of the officers of that port in order to be taken care of and restored entire to the true proprietor as soon as due and sufficient proof shall be made concerning the property thereof." The case of the Amistad, as was decided by the court, was not a case of piracy, and therefore not within the terms of the treaty; yet it was a case in which the authority of the master, officers, and crew of the vessel had been divested by force, and in that condition the vessel, having been found on the coast, was brought into a port of the United States; and it may deserve consideration that the salvors in this case were the officers and seamen of a public ship. 
It is left to Congress to consider, under these circumstances, whether, although in strictness salvage may have been lawfully due, it might not yet be wise to make provision to refund it, as a proof of the entire good faith of the Government and of its disposition to fulfill all its treaty stipulations to their full extent under a fair and liberal construction. 
JOHN TYLER.

WASHINGTON, February 28, 1843. 
To the Senate of the United States: 
I transmit to the Senate, for its consideration with a view to ratification, a convention further to provide for the payment of awards in favor of claimants under the convention between the United States and the Mexican Republic of the 11th of April, 1839, signed in the City of Mexico on the 30th day of last month. A copy of the instructions from the Department of State to the minister of the United States at Mexico relative to the convention and of the dispatches of that minister to the Department is also communicated. By adverting to the signatures appended to the original draft of the convention as transmitted from the Department of State to General Thompson it will be seen that the convention as concluded was substantially approved by the representatives of a large majority in value of the parties immediately interested. 
JOHN TYLER.

WASHINGTON, February 28, 1843. 
To the House of Representatives: 
I communicate to the House of Representatives a report from the Secretary of State, which, with the documents accompanying it, furnishes the information requested by their resolution of the 18th instant. 
JOHN TYLER.

WASHINGTON, March 3, 1843. 
To the Senate of the United States: 
In submitting the name of Henry A. Wise to the Senate for the mission to France, I was led to do so by considerations of his high talent, his exalted character, and great moral worth. The country, I feel assured, would be represented at Paris in the person of Mr. Wise by one wholly unsurpassed in exalted patriotism and well fitted to be the representative of his country abroad. His rejection by the Senate has caused me to reconsider his qualifications, and I see no cause to doubt that he is eminently qualified for the station. I feel it, therefore, to be my duty to renominate him. 
I nominate Henry A. Wise, of Virginia, to be envoy extraordinary and minister plenipotentiary to the Court of His Majesty the King of the French, in place of Lewis Cass, resigned. 
JOHN TYLER.

MARCH 3, 1843. 
To the Senate of the United States: 
In submitting to you the name of Caleb Cushing as Secretary of the Treasury, I did so in full view of his consummate abilities, his unquestioned patriotism and full capacity to discharge with honor to himself and advantage to the country the high and important duties appertaining to that Department of the Government. The respect which I have for the wisdom of the Senate has caused me again, since his rejection, to reconsider his merits and his qualifications. That review has satisfied me that I could not have a more able adviser in the administration of public affairs or the country a more faithful officer. I feel it, therefore, to be my duty to renominate him. 
I nominate Caleb Gushing to be Secretary of the Treasury, in the place of Walter Forward, resigned. 
JOHN TYLER.

WASHINGTON, March 3, 1843. 
To the House of Representatives of the United States: 
I herewith transmit to the House of Representatives copies of the final report and appendices of the joint commission appointed to explore and survey the boundary line between the States of Maine and New Hampshire and the adjoining British Provinces, together with a general map showing the results of their labors. 
JOHN TYLER.

Report of the commissioners appointed by the President of the United States for the purpose of exploring and surveying the boundary line between the States of Maine and New Hampshire and the British Provinces. 
WASHINGTON, January 27, 1843. 
Hon. DANIEL WEBSTER, 
Secretary of State. 
SIR: The operations of the divisions under the direction of the several commissioners during the past season have been as follows, viz: 
I. 
The work remaining to be performed by the division under the direction of the chairman of the board was as follows: 
1. The completion of the survey of the line of highlands around the sources of the Rimouski, filling up the gap left in former surveys in the line of boundary claimed by the United States. 
2. The survey of the line of highlands rising from the northern side of the Bay of Chaleurs at its western extremity from the point visited and measured in 1840 to its connection with the line surveyed in 1841 in the vicinity of Lake Metis. 
3. The astronomical determination of the longitude of one or more points in the surveyed lines, in order to the compilation of a geographical map of undeniable accuracy. 
The party, which was dispatched at the earliest possible period, having been recalled by a special messenger as soon as the signature of the treaty of Washington was made known to the commissioner, no more than the first of these objects was attempted, and some of the observations that would have been considered necessary to make this survey useful as evidence in case of a further discussion of the subject of boundary were not completed. The expedition has, however, obtained for its results an accurate survey of the Green River of St. John from its mouth to the portage between it and the South Branch of the Katawamkedgwick, a survey of that portage, and a careful chain and compass survey of the highlands surrounding the sources of Rimouski. The first of these is connected with the survey of the river St. John made by Major Graham; the last was united at its two extremities with stations of the survey of 1841. Throughout the whole of the surveys the latitudes were carefully determined, by the methods employed during the former years, at a sufficient number of points. The longitudes have been estimated by the use of chronometers, but the sudden recall of the party left the latter part of the task incomplete. Any defect arising from the latter cause may be considered as in a great degree compensated by the connections referred to with the work of Major Graham and the surveys of the previous years. 
The party left Portland to take the field on the 18th June, and reached the Grand Falls of the St. John on its return on the 25th August. 
The surplus stores, with the boats and camp equipage, were stored there, and were afterwards transferred to the parties of the two other commissioners. 
A map of the operations of this division was placed on file in the State Department on the 27th December. 
The distance surveyed along Green River from its mouth to the portage is 57 miles, the length of the portage 5-1/2 miles, the distance measured in exploration of the remaining portion of the boundary claimed by the United States 61-1/2 miles, making in all 124 miles. 
II. 
The parties under the direction of A. Talcott entered upon their field duties about the middle of September, and completed that branch of the service by the 5th of November. 
During that period the following rivers and streams were surveyed: 
1. The "main St. John River" from the mouth of the "Alleguash" to the Forks. 
2. The "Southwest Branch" to its source at the Metjarmette portage. 
3. The "South Branch," or "Wool-as-ta-qua-guam," to 5 miles above Bakers Lake and near to the exploring line of 1841 along the highlands claimed by Great Britain. 
4. The "West Branch," or "Mat-ta-wa-quam," to its source in the highlands. 
5. The "Northwest Branch" to its source in the highlands. 
6. The "Big Black River," or "Chim-pas-a-ooc-ten," to its source. 
7. The "Little Black River," or "Pas-a-ooc-ten." 
8. The "Chim-mem-ti-cook River" as far as navigable. 
The character of all these streams is the same  slack water of moderate depth alternating with rapids. They can never be navigated by anything larger than a bateau. 
The method of survey was to trace the course of each stream by compass, estimating distances by the eye, or by pacing when the nature of the margin of the river would permit. 
The average distance coursed per day was about 9 miles, and at the camps formed at night astronomical observations north and south of the zenith were made to determine their position in latitude, and observations for the local time to ascertain their differences of longitude. 
Meridian observations of the sun were also made at a point intermediate to the camps whenever they could be obtained. 
Thirty-three of these points have been used in the correction of the paced and estimated distances. 
Tables exhibiting these observations, their calculation and results, will accompany the detailed maps. 
With a view to facilitate the operations of the joint commission it was conceived to be important that the intersection of the parallel of 46° 25' with the Southwest Branch should be ascertained, as also the point on the Northwest Branch (10 miles from the main St. John) where the boundary line from the outlet of Lake Pohenagamook intersects the said branch. 
It is believed that these points are projected on the map which accompanies this report so near to their true position that the line indicating the boundary as drawn on the map may be considered to substantially exhibit the division of territory as effected by the late treaty. 
The more thorough knowledge acquired through these explorations of the character of the territory which has been relinquished by the United States fully confirms the opinion previously entertained of its little value, either for its timber growth or for purposes of agriculture. 
Bordering on the "Big Black" and "Little Black" rivers the growth of pine is large and apparently of good quality, and it is believed that most of the smaller streams falling into the St. John below the "Seven Islands" will be found fringed with pine, but it is quite certain that very little will be found included between the lines of boundary and the highlands as claimed by the United States to the westward of St. Francis River. 
The office work of this party is nearly completed, all the calculations arising from the astronomical observations have been made, and the detailed maps (five in number) drawn to the scale of 1:50,000 (or nearly 1-1/4 inches to 1 mile), exhibiting the result of the surveys in 1840, 1841, and 1842, are in such a state of forwardness as to insure their completion by the middle of February. 
These explorations and surveys embrace   
1. The highlands as claimed by the United States, extending from the northwesternmost head of the Connecticut River to the portage road which leads from the St. Lawrence River to Lake Temiscouata. 
2. The highlands as claimed by Great Britain from the Metjarmette portage to the source of the Aroostook River. 
3. All the principal heads or branches of the Connecticut River north of the forty-fifth degree of latitude. 
4. The St. John and all its principal branches or tributaries west of the Alleguash River. 
III. 
The division under the direction of Major Graham has been employed during the past season in making the following surveys, viz: 
1. In prolonging the meridian of the monument at the source of the river St. Croix. 
2. In making a survey of the Little Madawaska River, a tributary to the Aroostook, from its mouth to its source in the Madawaska Lakes. 
3. In surveying the group of lakes lying northwest of the Madawaska Lakes, known by the appellation of the Eagle Lakes, or sometimes by the aboriginal one of the Cheaplawgan Lakes, and especially to ascertain if those lakes, or any of them, emptied their waters into the river St. John by any other outlet than Fish River. 
4. A survey of the portion of Fish River included between the outlet of Lake Winthrop and the river St. John. 
5. A survey of the river St. John between the Grand Falls and the mouth of the Alleguash. 
6. A survey of the Alleguash from its mouth to its source. 
7. A survey of the river St. Francis from its mouth to the outlet of Lake St. Francis. 
8. In making astronomical observations for the latitude and longitude of the Grand Falls and the mouths of the Grand, the Green, Madawaska, Fish, and St. Francis rivers. 
Early in July a party under the direction of an officer of Topographical Engineers was sent into the field and directed to occupy the most northern astronomical station fixed the preceding year upon the true meridian of the monument at the source of the river St. Croix, with the view of being prepared to complete its trace to the northwest angle of Nova Scotia before the termination of the season in case the pending negotiations for a conventional boundary should fail. 
The true meridian was in this way prolonged to a point 19 miles north of the station alluded to of last year, or 13-1/2 miles north of its intersection with the river St. John, reaching to the summit of the height immediately south of Grand River, where a permanent station was fixed. The point thus fixed is 90-3/4 miles north of the monument at the source of the St. Croix. 
This portion of the work was performed by the 15th of August, at which period it was considered inexpedient to incur the expense of continuing it any farther. 
A party under the direction of another officer of Topographical Engineers, which took the field also in July was charged with the surveys of the Little Madawaska River, the Eagle or Cheaplawgan Lakes, the portion of Fish River from the outlet of Lake Winthrop  one of the Eagle group  to its débouché into the St. John, of the river St. John, thence to the meridian of the source of the St. Croix, and finally of the Alleguash from its mouth to its source. 
The Little Madawaska was ascended in bateaux from its mouth to its source, which is found in the Madawaska Lakes, and a trace of the river was made by coursing with a compass and estimating the distances, which were checked by astronomical observations for latitude and longitude. 
The position of its mouth had been fixed by the surveys of the preceding year, and observations for latitude and longitude were made at a point intermediate between its mouth and its source and also at the junction of the two lakes which form its source. The trace of the river was corrected so as to agree with the results of these observations before being laid down upon the map. 
A portage of 5-1/4 miles was cut from the Madawaska to the Eagle Lakes, which are only 4-3/4 miles apart in a direct line. The party transported their baggage and boats by this portage and launched them on Lake Sedgwick, the most southern and largest of the Eagle group. 
This group, which is composed of the Winthrop, Sedgwick, Preble, Bear, and Cleveland lakes, being all connected one with another by water communications between them, was carefully surveyed by triangulating them and coursing their shores with the chain and compass, except those parts which were so straight as to render the work sufficiently accurate by sketching those portions between consecutive points of triangulation of no great distance apart. They were also sounded so far as to obtain their general depths. 
The survey was continued from the outlet of Lake Winthrop down Fish River to its mouth, which was found to be the only outlet from this group to the river St. John. 
Lake Cleveland, the most northern and deepest of the group, was connected in position with the river St. John at a point 2 miles below the upper chapel of the Madawaska settlement, by a chained and coursed line following the portage represented on the map 5-1/6 miles long. 
The Alleguash was ascended in the month of October in bateaux and canoes from its mouth to its source in Lake Telos, a distance of about 94 miles. The river and its lakes were coursed by a compass, the distances estimated, and the projection resulting therefrom corrected before being placed upon the map by means of astronomical observations at eight intermediate points between its mouth and its source. The lakes were triangulated by means of magnetic bearings as far as was practicable, in order to obtain their widths and general contour. In the vicinity of Chamberlain Lake use has also been made of a recent survey of Mr. Parrott, a surveyor in the employ of the State of Maine, to whom we acknowledge ourselves indebted for the aid which this portion of his valuable labors furnished us. 
Between the head of Lake Telos and Webster Pond, one of the sources of the East Branch of the Penobscot, there is a portage of only 1 mile and a half. This, together with a small cut or canal, made in 1841 to connect the waters of Lake Telos with those of Webster Pond, enabled the party which made this survey to proceed with their boats and baggage down the Penobscot to Bangor, where they and their surplus stores were disposed of. 
A survey of the river St. John was made in the month of September with the chain and compass from the mouth of Fish River to the intersection of the meridian of the monument at the source of the St. Croix with the St. John. This survey was afterwards extended eastward to the Grand Falls, in order to connect with the astronomical station established there, and westward to the mouth of the Alleguash, embracing a distance of 87 miles. The islands were all surveyed, and the channels on either side of them sounded. 
The commissioner, having had other duties assigned him in reference to the question of boundary, did not take the field in person until September. Between the middle of that month and the middle of December he was occupied in performing the field duties assigned him by the Department of State. 
The party conducted by him in person made the astronomical observations for the determination of the latitude and longitude of the Grand Falls of the St. John, and of the mouths of the Grand, Green, Madawaska, Fish, and St. Francis rivers, all tributary to the St. John. 
The same party also made a survey of the river St. Francis from its mouth to the outlet of Lake St. Francis, a distance of 81 miles. 
This river was coursed by means of a compass, and whenever the nature of the shores would permit the distances from bend to bend were either measured with a chain or paced. Through the greater part of the stream, however, the impediments offered by the thick and small growth near the shores rendered this degree of minuteness impracticable and a resort to estimating the distances by the eye, well practiced by previous actual measurements, became necessary. 
Before putting the trace of the river thus derived upon the map it was adjusted to correspond with the results of astronomical observations for latitude and longitude at twelve intermediate points between its mouth and the outlet of Lake St. Francis. Its three principal lakes, viz, Pettiquaggamas, Petteiquaggamak, and Pohenagamook, were triangulated and sounded as exhibited by the maps of detail yet to be handed in of the operations of this division. 
A profile of the river, exhibiting the slope of the country through which it flows, was obtained by barometric observations made at fifteen points between its mouth and the bridge where it is intersected by the Grand portage road. 
A connection was made with Long Lake, a tributary to Lake Temiscouata, by a chained line from a point on the St. Francis 2 miles below the mouth of Blue River to the western shore of Long Lake, by which it was ascertained that the shore of this lake approached within 2-3/4 miles of the river St. Francis. 
The outlet of Lake Pohenagamook was reached in a distance of 49-3/4 miles from the mouth of the St. Francis following the sinuosities of the river on the 18th of October. 
A camp was established on the southwest shore of the lake at its outlet for the purpose of making the necessary astronomical observations to determine the latitude and longitude of this position. Ten days were spent here for this object, out of which we had only three nights that were favorable for observation. These were improved as far as possible, and the results obtained, combined with those obtained by Captain Talcott's parties on the Northwest and Southwest branches of the St. John, have furnished the elements for laying down upon the general map the straight lines which show the boundary as it is required to run between the highlands and the river St. John under the treaty of 1842. These furnish data for an accurate exhibition of the extent of territory included by this portion of the boundary as fixed by that treaty. 
The south shore of Lake Pohenagamook forms an angle of about 100° with the direction of the stream which flows from it, and marks with great certainty the point at which, according to the late treaty, the straight line is to be commenced in running the boundary southwestward to the Northwest Branch of the river St. John. 
The work of this division was connected with that of Captain Talcott's division of the preceding year by noting the position of a common point on the western shore of Lake Pohenagamook near its head. 
The commissioner and his party reached the Grand portage, or British military road, where it crosses the river St. Francis on the 2d of November, and connected their work with that of Professor Renwick's division of the preceding year at the bridge near Fournier's house. 
Observations were also made at this bridge for the latitude and longitude, when the weather was favorable, between the nights of the 2d and 5th of November, and a connection was made in longitude with the meridian of Quebec by comparisons of the local time with three chronometers transported from the first to the last mentioned place between the 6th and 10th of November. 
This comparison was repeated on the return of the commissioner by observing again at the St. Francis bridge before mentioned on the night of the 10th of December, with the thermometer ranging during these observations from 11 to 15° below zero of Fahrenheit's scale, there being then near 4 feet of snow upon the ground. The commissioner then proceeded by the Grand portage road, and the road which pursues the margin of Temiscouata Lake and the valleys of the Madawaska and St. John rivers, to the mouth of Green River, where on the night of the 12th of December he again observed at the same point where his observations of the 29th of September were made while ascending the St. John. These completed, he proceeded to the Grand Falls, and on the 14th of December discharged his party, which terminated his field duties for the season. 
The distance surveyed along the new line of boundary by this division the past season is   
		Miles.	
1. Along the river St. John from the meridian of the monument of the source of the St. Croix to the mouth of the river St. Francis	71-1/2	
2. Along the river St. Francis from its mouth to the outlet of Lake Pohenagamook	49-3/4	
	Total	121-1/4	
IV. 
A map marked L², on a scale of 1:400,000, exhibiting the lines respectively claimed by the two nations under the treaty of 1783, as well as that adopted by the treaty of 1842, is herewith presented. By reference thereto the operations of the several divisions during the present and previous years will be better understood. 
For a more particular view of the surveys and explorations made under the direction of each of the commissioners, including descriptions of the face of the country, navigation of streams, etc., the undersigned respectfully refer to their respective narratives hereto appended, and to the maps of detail deposited by each in the Department of State. 
All which is respectfully submitted. 
JAS. RENWICK,
A. TALCOTT,
JAMES D. GRAHAM,
Commissioners. 
APPENDIX No. 1. 
OPERATIONS OF THE DIVISION UNDER THE DIRECTION OF JAMES RENWICK, LL.D., CHAIRMAN OF THE BOARD. 
I.  Operations during the year 1841. 
1. At as early a period as there was any probability of the country being accessible two engineers were dispatched from the city of New York for the purpose of exploring the Rimouski River. This had been crossed by the commissioner late in the previous season. It had been ascertained that it took its source much farther to the south than was represented on any map, and that at its head would be the greatest difficulty in the intended researches. It was, besides, considered necessary that skillful boatmen and practiced woodsmen should be engaged in Canada. These it was believed could be found in Quebec, and the chief of this detachment, with an appointment as acting commissioner, was directed to perform this duty on his route. 
This detachment accordingly left New York on the 22d May. On reaching Quebec it was found that the proper persons could only be engaged at Trois Rivieres. A delay was thus occasioned before this part of the duty could be performed. The detachment, however, reached Rimouski 4th June, where the snow was still found upon the ground and the river barely fit for the access of boats. No time had therefore been lost, and the reconnoissance of the river was successfully performed. The detachment, after passing all the establishments of lumberers, extended its explorations beyond the remotest Indian paths, and leaving its boats penetrated on foot several miles to the south of the highest point of the stream in which boats could float. In this progress through unexplored ground a lake wholly unknown was discovered. The results of this expedition were embodied in a map, which on examination by parties furnished with better means was found accurate. 
It was found by this party that the Rimouski presented difficulties which would forbid its ascent by a party provided with stores and instruments for the prosecution of a survey along the height of land, and that it would be impracticable even to make it the route of an expedition to reach its own source. The little knowledge which was possessed of its upper course and the fact that it had probably never been explored even by Indian hunters were accounted for by its difficulty of access, which would forbid the carriage of a sufficient supply of provisions for consumption during its ascent and descent. On other streams difficulties of this sort had been and were afterwards overcome by the use of the bateaux of the Penobscot, of greater burthen and strength than the birch canoes, but the continual repetition of portages on the Rimouski forbade the use of any vessel heavier than the latter. 
2. The main body of engineers, etc., was ordered to assemble in New York on the 15th May, for which time a vessel was chartered for the purpose of conveying them, with stores sufficient for an expedition of five months and the necessary instruments and camp equipage, to Metis, on the St. Lawrence. The experience of the former season had shown that the country was so poor as to furnish little for the support of a numerous party, and it was believed that even game and fish would be found scarce at the points where supplies would be most needed. It was therefore to be chosen between laying in the supplies in New York or in Quebec, and while the great advantage of conveying all the important instruments by sea turned the scale in favor of the former place, it has been ascertained that the decision was in other respects correct, for the dangers and difficulties of navigating the St. Lawrence might have frustrated altogether, and would certainly have materially delayed, the commencement of the main survey. 
The sailing of the vessel was delayed, in expectation of the arrival of instruments from Europe, until the 30th of May, when a sufficient supply for beginning the operations arrived. 
In the meantime Mr. Lally, one of the first assistants, was directed to proceed to Bangor, in Maine, for the purpose of procuring boats and men to manage them. These were obtained and brought down the Penobscot to Castine, where they were on the 8th June embarked in the vessel which carried the rest of the party, and which had orders to call at that port for the purpose. The experience of the previous year had manifested the great superiority of the bateaux of the Penobscot over all other vessels in the navigation of shallow and rapid rivers. The physical energy and enterprise of the boatmen of that river had also been known. It was believed that it was not only essential that a considerable proportion of the laboring force should be American citizens, but that much good would result from emulation between the boatmen of the Penobscot and the Canadian voyageurs. This expectation was in a great degree confirmed by the result, for although it must be stated with regret that it became necessary at an early period to discharge some of the Americans, the remainder were models of intelligence, sobriety, industry, and perseverance, and entered into the work, not with the feelings of hired laborers, but with those of men who felt that the interest of their country was at stake. 
3. The commissioner did not leave New York until 30th of June, being delayed in expectation of more instruments. A part of these only had arrived, but further delay might have been injurious. Proper instructions had been given for setting the party in motion in case it could be organized before he joined it, but these were rendered nugatory by the length of the vessel's passage. This did not reach Metis till 7th July, so that the commissioner, arriving on the 9th, was in time to direct the first operations in person. The stores, boats, and instruments had been landed and partially carried to a camp on the river above the falls. A heavy rain on the 10th July rendered the roads almost impassable, and it was not till the morning of the 12th that the first detachment could be embarked. This was comprised of Dr. O. Goodrich, the assistant commissary, two surveyors, and an assistant engineer. The first was in charge of stores sufficient for six weeks' consumption. The surveyors had orders to survey the river for the purpose of connecting it with the line of exploration, and the latter was directed to make barometric observations. The commissioner and the remaining engineers were detained at Metis by the necessary astronomic observations. These being completed, the instruments, camp equipage, and a portion of the stores were embarked, and the main body proceeded up the river about noon on the 15th July. 
4. The river was found to be still swollen by the melting of the snows on the highlands near its source, and, being at all times rapid, the progress of the party was attended both with difficulty and danger. One of the birch canoes, although managed by a skillful voyageur, was twice upset, and one of the heavily loaded bateaux filled with water in a rapid. The result of the first accident was unimportant, except as respected the personal comfort of one of the party, who lost his clothing when it could not be replaced; the second accident caused the loss of some valuable stores. A guide had been procured in the person of a Canadian who was said to have acted in the same capacity to Captain Broughton, who had descended the river by order of the commissioners of Great Britain in 1840. So long as the services of the guide were unimportant he was found intelligent and acquainted with the country, but on passing beyond the region usually visited by lumbering parties he manifested a very scanty knowledge. It had been the intention of the commissioner to ascend to Lake Metis and thence proceed to the height of land by an old portage said to have existed from that lake to the one at the head of the Grande Fourche of the Restigouche, which had been explored by the commissioner in 1840. Lake Metis was chosen because all former accounts, and particularly those of the surveyors of the joint commission under the fifth article of the treaty of Ghent, represented this as the body of water seen to the northwest of the termination of the exploring meridian line. The guide appeared to confirm this impression, and held out inducements that led to the belief that he was acquainted with the portage in question. The nearer, however, it was approached the less seemed to be his confidence. When there appeared to be some reason to doubt his competency or his will, a place in the river was reached where it divided into two branches of nearly equal magnitude. On inquiry from the guide it was ascertained that the easternmost of these was the main Metis, the other the Mistigougeche (Riviere au Foin). Although the latter appeared to be the most direct course to the boundary, it was still believed, and nothing could be learned from him to the contrary, that the former led to the termination of the exploring meridian line. The party of Dr. Goodrich had gone up the Metis, and it was necessary to communicate with it before any change in plan could be made. The commissioner therefore entered the main Metis, and in the evening overtook the surveyors, who had been unable to keep the survey up with the progress of the boats. An express was therefore sent forward to stop the boats, and, the party encamping, astronomic observations were made for the solution of the difficulty in which it appeared to be enveloped. A detachment was also sent out to explore to the eastward of the Metis. This reached the Lake of the Little Red River, and from its banks took bearings to what appeared to be the greatest mountain of the country. This is known by the name of Paganet, and lies to the southwest of Lake Matapediac, forming a part of the highlands which are so obviously described as the boundary of the Province of Quebec in the proclamation of 1763. Its height was reported to be probably 3,000 feet, but as it has appeared in the course of the survey that heights in that region may easily be overestimated, it can not be safely taken at more than 2,500 feet. The result of the astronomic observations seemed to show that the main stream would lead too far to the eastward, and after mature deliberation it was resolved that the course should be retraced and the Mistigougeche ascended. The first part of the operation was attended with little delay. Half an hour sufficed for reaching the forks, whence the party had been six hours in mounting. The guide also stated that the Mistigougeche was a much less difficult stream than Metis. Of the comparative facility, except for a few miles of the latter, no opportunity for judging was obtained; but these were so difficult as to confirm his statement. On the other hand, the former was found to be much worse than it had been represented by him. His knowledge, in fact, was limited to its state in winter, for it appeared from a subsequent interview with Captain Broughton to be doubtful whether he had served in the employ of that officer; and it can be well imagined that the river when locked up in ice should present an aspect of far less rapidity than when rushing with its springtide violence. The Mistigougeche was found to be intercepted by a fall of a few feet, which could not be passed by the boats when loaded, although the Penobscot men boldly and successfully carried theirs up when empty, in which feat they were imitated by the voyageurs, who had at first deemed it impossible. The loads of the boats were carried over a portage, and in this operation the chronometers were found to deviate from each other, showing a manifest change of rate in some or all of them. This may be ascribed to a change in the mode of transportation, but was more than could be reasonably anticipated, considering the shortness of the portage (2,000 yards) and the great care that was taken in conveying them. At some distance above the falls a lake of moderate size was reached, embosomed in hills and embarrassed at its upper end with grass. From the last feature it was ascertained that both lake and river take their epithet of Grassy (Riviere an Foin, and, in Indian, of Mistigougeche, or Grassy Lake). At this lake the party of the commissioner was in advance of the loaded boats. A halt was therefore made and a party sent out to explore to the westward. This party reached an eminence whence a lake was seen, which the guide stated to be the head of a branch of the Rimouski, far distant, as he averred, from any waters of the Restigouche. Subsequent examination has shown that this party had actually reached the height of land and that the survey of the boundary might have been advantageously commenced from this point. 
On leaving the lake the river was found to have a gentle current for a few miles. It was then interrupted by a bed of timber, after passing which it became as rapid as ever. In a short time, however, a noble sheet of water was reached, surrounded by lofty hills, and of great depth. At the upper end of this a place was chosen for a stationary camp, and preparations were made for proceeding to the land survey. While these were going forward with as much dispatch as possible, Mr. Lally, one of the first assistants, was detached to reconnoiter the inlet of the lake. During his absence observations were taken and the rates of the chronometers worked up. Of the four instruments with which the expedition was furnished, two had varied from the other two on the portage. All were of good reputation, and no means existed of determining on which pair reliance could be placed. From the rates of two of them it appeared that the camp was situated 12 miles to the northwest of the tree chosen by the American surveyors in 1818 as marking the northwest angle of Nova Scotia. Actual survey has shown that the distance is about 10 miles. The result given by the chronometers was speedily confirmed by the return of Mr. Lally, who reported that he had actually reached the marked tree, well known to him by his visit to it the year before, and that he had pursued for a couple of miles the line cut out subsequently by Captain Broughton. 
6. The preparations being completed, Messrs. H.B. Renwick and Lally were sent out, each at the head of a sufficient party, with instructions to proceed together to the west until they reached waters running to the Restigouche and then to divide, Mr. Lally proceeding to the northwest angle and Mr. Renwick toward Rimouski. Each was directed to pursue as far as possible the height of land and to remain in the field as long as the supplies which the men could carry would permit. They were also ordered to mark their path in order to insure a safe return, as well as all the stations of their barometric observations. Bach of the laborers was loaded with 56 pounds besides his own baggage and ax, and the engineers and surveyors carried their own baggage and instruments. The commissioner, with one assistant, remained in the stationary camp for the purpose of determining the longitude accurately and of making corresponding barometric observations. 
7. In this place it will be proper to state that the lake which was thus reached was ascertained with certainty to be that seen by the surveyors of the joint commission in 1818, and which was by them supposed to be Lake Metis. As it has no name yet assigned to it, it has been called upon our maps Lake Johnson, in honor of the American surveyor by whom it was first visited. It is 1,007 feet above the level of the sea, being more than twice as much as the total fall assigned to the waters of the Metis in the report of Messrs. Mudge and Featherstonhaugh. So great an elevation in so short a course is sufficient to account for the great rapidity of the stream. To illustrate this rapidity in an obvious manner, the birch canoes, which on the waters of the St. John are easily managed by one man, are never intrusted on those of the Metis to less than two. Our departure from Metis in boats so deeply loaded, as was afterwards learned, was considered there as a desperate attempt, and although but one of them sustained injury, this is to be ascribed to the great skill of the boatmen; and to show the velocity of the stream in a still stronger light, it is to be recollected that, after deducting the loss of time on the Metis, nine days of incessant labor were spent in taking up the loaded boats, while the assistant commissary whom it became necessary to send to Metis left the stationary camp at 2 o'clock in the morning of the 28th July and reached the mouth of the river before sunset of the same day, after making two portages, one of 2,000 yards and the other of 2 miles. 
8. The first day of the operations of Messrs. H.B. Renwick and Lally was attended with an accident which had an injurious effect. The surveyor of Mr. Lally's party, Mr. W.G. Waller, fell from a tree laid as a bridge across a stream and lamed himself to such a degree as to be incapable either of proceeding with the party or of returning to the stationary camp. It became necessary, therefore, to leave him, with a man to attend him, in the woods, and it was a week before he was sufficiently recovered to be able to walk. Intelligence was immediately sent to the commissioner, by whom the assistant he had retained in camp to aid in astronomic observations was sent to take the place of the surveyor. Two days were thus lost, and the intended astronomic observations were far less numerous than they might have been with the aid of a competent assistant. 
The two parties, proceeding together, reached Katawamkedgwick Lake. That under the direction of Mr. H.B. Renwick immediately crossed it, while that of Mr. Lally proceeded along the eastern bank for the purpose of reaching the source of the stream. This being attained, the party of Mr. L. pursued the height of land as nearly as possible and reached the exploring meridian line. Crossing this, some progress was made to the eastward, when a failure of provisions compelled a return to camp. The party of Mr. H.B. Renwick, proceeding until the Rimouski was seen, turned to the south and finally reached the southeasterly source of that river, a point probably never before pressed by human foot, for it was found to consist in a series of beaver ponds, in which that animal was residing in communities and without any appearance of having been ever disturbed. The low state of provisions in this instance also called the party back, but not before every anticipated result had been obtained. 
9. The party of Mr. H.B. Renwick having returned first, immediate preparations were made for descending the stream. Before they were completed Mr. Lally also came in, and both were assembled at Metis on the 14th, whence the commissioner set out instantly for the river Du Loup, which had been chosen as the base of further operations. 
The circumstances of the operations up the Metis and Metis and Mistigougeche had been upon the whole favorable. With the exception of a single thundershower, no rain had been experienced; the country was still sufficiently moist to insure a supply of water even upon the ridges. The sun was observed daily for time and latitude, and the nights admitted of observations of the pole star for latitude at almost every camp. At the stationary camp, however, the mists rising from the lake obscured the horizon and rendered the eclipses of Jupiter's satellites invisible; nor was it possible to observe the only occultation of a star which calculation rendered probable during the period in question. Much, however, had been accomplished. A river little known had been carefully surveyed some miles beyond its junction with a branch unheard of by geographers. This branch had been explored, its course and length determined; a path nearly coinciding with the boundary line for an extent of 86 miles had been measured and leveled, and regions before unseen visited. One accident of a serious character had occurred, and one of the laboring men, although an homme du nord, seasoned in the service of the Hudsons Bay Company, had been rendered unfit by fatigue for further duty in the service; but with these exceptions the health and strength of the party were unimpaired. All augured well for a speedy and successful completion of the task in a manner as perfect as had been anticipated. 
10. Instructions had been transmitted to the commissary, as soon as it was found that a portage to Katawamkedgwick and thence to Rimouski was impracticable, to have a vessel ready at Metis to transport the stores to the river Du Loup. One was in consequence chartered, but, being neaped in the harbor of Rimouski, did not reach Metis till the 19th August. When loaded, her sailing was delayed by an unfavorable wind, and its continuance prevented her from reaching the river Du Loup before the 29th August. An entire week of very favorable weather was thus lost for field operations, and it was not even possible to employ it to advantage in observations, as all the chronometers but one and the larger instruments, in order to expose them as little as possible to change of rate or injury, had been forwarded from Metis in the vessel. With the one chronometer and the reflecting repeating circle numerous observations were, however, made for the latitude of the river Du Loup. 
11. During the time the main body was engaged in ascending the Metis and in the other operations which have been mentioned an engineer was directed to proceed from Metis along the Kempt road for the purpose of exploring along the dividing ridge between the waters of the Bay of Chaleurs in the vicinity of Lake Matapediac and the St. Lawrence. This line forms the continuation of that claimed by the United States, and is important in its connection with the proclamation of 1763; but as it falls without the ground which is the subject of dispute, it was not considered necessary to survey it. The heights which could be reached were therefore measured with the barometer, and the position of the points at which the observations were taken referred to existing maps without any attempt to correct their errors. 
In the course of this reconnoissance an eminence 1,743 feet in height, lying to the southeast of Lake Matapediac, was ascended. Thence was had the view of a wide, open valley extending toward the southeast to the Bay of Chaleurs and bounded on the northeast and southwest by highlands. The former were pointed out by the guide as the Chic Choc Mountains, in the district of Gaspe; the latter, it appeared beyond question, extended to the Bay of Chaleurs, and strike it below the Matapediac. At the latter place a party detached down the Restigouche in 1840 had measured the height of Ben Lomond, a highland rising abruptly from the western termination of the Bay of Chaleurs. and found it to be 1,024 feet. Thus it appears beyond the possibility of doubt that a chain of eminences well entitled to the name of highlands, both as dividing waters and rising to the character of mountains, depart from "the northern shore of the Bay of Chaleurs at its western extremity," bound the valley of the Matapediac to the northeast, and, bending around the lake of that name, separate its waters from those of the Metis. These are deeply cut by valleys, whose direction appears from the map of the reconnoissance and from the course of the tributary streams which occupy their lines of maximum slope to run from southwest to northeast, or at right angles to the general course of the highlands themselves. These highlands are obviously those defined in the proclamation of 1763 and the commission of Governor Wilmot. 
12. As soon as the necessary instruments arrived from Metis at the river Du Loup a party was detached to survey the Temiscouata portage, a line known to be of great importance to the subsequent operations, but whose interest has been increased from the unexpected frequency with which the line dividing the waters touches or crosses it. Stores for a month's service were transported with all possible dispatch to Lake Temiscouata, along with the boats and camp equipage. 
Two separate parties were now formed, the one to proceed up Temiscouata Lake, the other to ascend the Tuladi. The embarkation of both was completed at noon on the 4th September. 
13. Mr. H.B. Renwick, with the party under his command, was directed if possible to ascend the middle or main branch of Tuladi and form a stationary camp at the highest point of that stream which could be reached by boats. 
Mr. Lally had orders to enter and follow the river Asherbish, which enters Lake Temiscouata at its head, until the progress of his boats should be interrupted. The first party was directed to operate in the first place toward the west, the second toward the east, upon the height of land until they should meet each other's marks. The party of Mr. H.B. Renwick was directed, therefore, to proceed from the head of Tuladi and reach if possible the head of Rimouski, thus forming a connection with the line explored from the head of Mistigougeche; that of Mr. Lally to proceed from the head of Asherbish along the height of land to the Temiscouata portage. The commissary was then moved up with a large amount of stores and halted on the summit of Mount Biort, to be within reach of both the parties in case of a demand for new supplies, and to receive them on their return. 
14. The party of Mr. H.B. Renwick, having passed through Tuladi Lake, entered the main stream of that name on the 5th September. The head of it had been seen by that gentleman in September, 1840, and held out the promise of abundance of water for navigation. This promise did not fail, but it was found that the stream had probably never before been ascended, and was therefore embarrassed with driftwood. After cutting through several rafts with great labor, a place was reached where the stream spread out to a great width over beds of gravel, and all further progress in boats became impossible. It was therefore determined to fall down the stream and ascend the western branch, well known under the name of Abagusquash, and which had been fully explored in 1840. The resolution to return was taken on the 6th, and on the evening of the 9th the beaver pond at the head of Abagusquash was reached; here a stationary camp was established. One of the men had wounded himself with an ax and three more were so ill as to be unfit for service. The numbers were yet sufficient for short expeditions, and one was immediately fitted out for the head of Tuladi with provisions to form a cache for future operations. This expedition explored so much of the height of land as would otherwise have been thrown out of the regular order in consequence of the failure to ascend the main branch of Tuladi. 
15. In the meantime Mr. Lally proceeded up Lake Temiscouata and entered the Asherbish. This stream was also found very difficult, and on the evening of the 7th no more than 7 miles had been accomplished on it. At this point a stationary camp was fixed and a detachment sent out to explore the neighborhood. On the 10th Mr. Lally set out to the eastward, and struck the lower end of Abagusquash Lake on the afternoon of the 11th September. Being obviously too far to the south, he ascended that stream and reached H.B. Renwick's camp on the evening of the 12th. The next morning he proceeded to the height of land, and after twice crossing it reached his stationary camp on Asherbish at noon on the 21st September. 
On this expedition two out of three barometers were broken, and an assistant was therefore sent to seek a fresh supply from the stores. 
16. The expedition sent out by H.B. Renwick to the head of the Tuladi returned on the 13th September. One of the men came in severely wounded, and those left sick and wounded in camp were still unfit for service; others also were taken sick. Of the laborers of the party, one-half were thus lost for the present to the service. The engineer in command, who had finished the observations for which he had remained in the stationary camp, determined, therefore, to proceed to Mount Biort in order to obtain men. Previous to his departure on the 15th September he fitted out a second expedition with all the disposable strength for the purpose of operating between the head of Tuladi and the point in the height of land where Mr. Lally's line diverged to the southwest. The newly engaged hands and the detachment on its return both reached the camp on the Abagusquash on the 19th of September. On the 21st, all arrangements having been completed, Mr. H.B. Renwick, leaving the assistant commissary with only one man in the stationary camp, set off toward the head of Rimouski. This course was pursued for six days, when it became necessary to return for want of provisions, and the stationary camp was reached on the 2d October. On this expedition the line of exploration made in June up the Rimouski was intersected and the ground traversed in July and August seen and connected with the survey, but it was found impossible to penetrate along the height of land on the western side of Rimouski to its head. On reaching the camp snow began to fall, and the thermometer marked 18° in the morning. All further operations for the season in this direction were therefore at an end. A portion of the line which divides the waters falling into the St. John from those falling into the St. Lawrence remained in consequence unsurveyed. It can not, however, be said to be absolutely unexplored, for it was seen from the eastern side of Rimouski, presenting the appearance of a range of hills at least as elevated as any on the boundary. 
18. Mr. Lally having received a fresh supply of barometers on the evening of the 23d, resumed his survey of the height of land on the 25th September, and reached the camp of the commissary on Mount Biort on the 2d October, having surveyed and leveled the intermediate dividing ridge. The party of H.B. Renwick descended the Abagusquash and Tuladi, and, crossing Lake Temiscouata, reached the same rendezvous on the 5th October. The interval was spent by Mr. Lally's party in clearing a space for a panoramic view on the summit of Mount Biort. 
19. The commissioner, having superintended in person the equipment and embarkation of the parties of Messrs. H.B. Renwick and Lally on Lake Temiscouata, returned to the river Du Loup for the purpose of making astronomic observations. These being completed, he visited and conferred with the parties of his colleague, A. Talcott, esq., on their way to the height of land southeast of Kamouraska. Here he made arrangements for the junction of the two lines on the Temiscouata portage. He then proceeded to the camp of the commissary on Mount Biort, and there made provision for the completion of the residue of the line in the vicinity of the portage. He also selected points of view for the use of the daguerreotype and camera lucida, and, being unable to do any more on the ground for the furtherance of the objects of his appointment, returned to New York, taking with him the earlier records of the field operations for the purpose of organizing the office work. 
20. Under the direction of Mr. H.B. Renwick, a party led by Mr. Lally set off from Mount Biort on the 7th October, and, proceeding westward along the portage road to the ridge of Mount Paradis, turned to the south along the dividing ridge. This being pursued led them back to the portage at a point about 21-1/2 miles from the river Du Loup on the 10th. The dividing ridge was now found for some distance to coincide nearly with the portage road and to pass over the summit of the Grande Fourche Mountain, a fact which had not before been suspected. The source of the Grande Fourche of Trois Pistoles having been headed, the party reached a station which the commissary had now established at the river St. Francis on the 13th October. Departing from this, the basin of the St. Francis to the north of the portage road was explored, and the survey finished on the 17th October. 
Operating from the St. Lawrence as a base, and within reach of a cultivated country, whence numerous roads are cut to the height of land, it would have been possible to have kept the field for perhaps a fortnight longer. The plans and estimates of the division had been made with this view, and it was anticipated that the height of land might have been surveyed 30 miles to the south of the Temiscouata portage. Although this would have been practicable, it would have been a service of hardship. The necessity for this was obviated by the progress of the parties of A. Talcott, esq., which completed their surveys up to the portage on the same day that the surveys of this division were finished. 
22. The circumstances under which the latter part of the survey was performed from the time of leaving the river Du Loup, on the 3d September, were far less favorable than had been experienced on the Metis and its branches. The continual drought had at the beginning of this part of the duty affected the streams and springs in such a way as to render navigation difficult and water for drinking scarce on the heights of land to which the survey was necessarily directed. On the eastern side of Lake Temiscouata a large fire had extended itself into the woods. On the Temiscouata portage the persons in charge of that road had set fire to the brush and wood cut in opening it out to an increased breadth, and a belt of flame 30 miles in length was at each change of wind carried in some new direction into the dry forest. The camp and collection of stores on Mount Biort were thus threatened for several days, and only saved by great exertions. Serious apprehensions were entertained lest the return of the parties in the field might be obstructed by the spreading of their own fires. The smoke of this vast extent of combustion obscured the heavens and rendered astronomic observations difficult or prevented it altogether. Finally, a season of unprecedented drought was closed on the 24th of September by the setting in of the equinoctial storm, and from this day until that on which the survey terminated few hours elapsed without rain, sleet, or snow. In spite of these obstacles, it is believed that the State Department will have no reason to be dissatisfied with the results of the campaign. 
23. The results of the operations of this division are embodied in a map and profiles, which are herewith presented. The degree of reliance to be placed on this map will be best understood from a detail of the methods employed in preparing it. 
The river Metis and its branch, the Mistigougeche, were surveyed by an azimuth compass of Smallcaldus construction, and the distances measured by a micrometric telescope by Ertil, of Munich. The courses of the rest of the lines were determined by compasses of similar construction, and the distances measured by chains of 100 feet constructed by Dollond, of London, and Brown, of New York. An exception to this general rule exists in the survey of the eastern side of Rimouski. The courses and distances thus measured, and corrected for the variation of the compass, were compared with astronomic observations for latitude and with longitudes deduced from chronometers. For this reason, as the line on the east side of Rimouski is almost in the direction of the meridian, it was not considered necessary to lose time in measuring it when the latitude of the several camps, determined by observations of the pole star, were taken nightly. 
The latitudes of the courses under the direction of Mr. H.B. Renwick were determined by a reflecting repeating circle of Dollond; those on Mr. Lally's by a good sextant. The latitudes and times at Grand Metis, the river Du Loup, and the stationary camp on Mistigougeche and Abagusquash were principally determined from observations made with the Dollond circle. Lunar transits were taken at the river Du Loup, and distances of the moon for longitude at several places on the line. The reliance for the longitudes was, however, principally upon timekeepers, and of these the party was furnished with one box and two pocket chronometers by Parkinson & Trodsham, one pocket chronometer by Molyneux, one by French, one by Barraud, and one by Morrice. Thus, while several could be retained at the station, each party in the field was furnished with two, and the measured distance furnished a check, which, in case of discrepancy, that on which greatest reliance could be placed might be ascertained. It is sufficient to say that the deductions have been in general satisfactory, although the rough motion to which these instruments were subjected in passing through pathless woods, embarrassed by fallen trees and morasses in which the bearers often sunk to the middle, caused changes of rate and even sudden variations. Uncertainty arising from these causes was rendered less to be dreaded from its being possible to refer, as a base of operations, to the excellent survey of the St. Lawrence River by Captain Byfield, of the British navy. With the geographical positions given in his charts our own observations agreed so closely as materially to confirm the respective accuracy of both. 
24. The point which in this part of the survey has been kept in view as most important is the determination of the heights. For this purpose the party of Professor Renwick was furnished with the following barometers: 
Two loaned by the Superintendent of the Coast Survey, of his own construction; two portable and one standard, by Neurnan; three of the siphon form, by Buntin, of Paris; one by Traughton & Simms; one by Forlin, of Paris; three of siphon form, by Roach & Warner, of New York; two by Tagliabue, of New York, originally on the plan of Durand, but which had been advantageously altered by Roach & Warner in such manner as to admit of the adjustment of the level of the mercury in the cistern. 
The stations at which the lower barometers were placed were Grand Metis until the return of the expedition up the river of that name, and the river Du Loup from that time until the close of the survey. At these places all the barometers not actually in the field were suspended and registered at the hours most likely to correspond with the observations of a traveling party, say at 6, 7, 8, and 9 in the morning, noon, 1, 5, and 6 in the afternoon, until as the season advanced and the days became short the earliest and latest of these hours were omitted. Although several barometers were thus constantly observed, no other use of these was made but to determine their comparisons with each other, except one of the barometers of Mr. Hassler, Superintendent of the Coast Survey. This, from its superior simplicity, being, in fact, no more than the original Tonicillean experiment, with a well-divided scale and adjustment of its 0° to the surface of the mercury in the cistern, was found to be most certain in its results. All the barometers used by the parties in the field were therefore reduced to this by their mean differences. 
The stations at the two above-mentioned places were near the St. Lawrence. At Metis the height of the cistern of the standard barometer was determined by a spirit level. At the river Du Loup the height of the station was determined by two sets of observations of barometers, taken with different instruments by different observers, and at an interval of a week from each other. The results of the two several sets, which were calculated separately, differ no more than 0.5 of a foot from each other. 
On reaching the highest accessible points of the streams on which the parties proceeded toward the height of land, stationary camps were established, as has been already stated. At these series of observations were made at the same hours as at the river stations. The height of the former was then calculated from a series of observations taken at noon and at 1 p.m. for the whole of the time the camp was occupied. The heights of the points at which observations were made by the traveling party were then deduced from a comparison with the nearest contemporaneous observations at the stationary camp. An exception to this rule was made in the observations to the westward of Temiscouata Lake, which were referred directly to those made at the river Du Loup, which was sufficiently near for the purpose. 
The height of the stationary camp at Mount Biort having been determined by observations continued for several days, the level of Lake Temiscouata was thence determined by using a set of levels taken with a theodolite by Breithaupt, of Cassel, in 1840. The height of the lake thus deduced is greater than it would appear to be from the barometric observations taken in December, 1840. It had been imagined that a difference in level might exist between the St. Lawrence at Metis and at the river Du Loup. Four days of contemporaneous observations were therefore made at each with a view to the solution of this question. The idea of a difference of level was not sustained by the operation. 
The heights of the river stations were measured in each case to the highest mark left by spring tides, and half the fall of that tide as given by Captain Byfield has been added in all cases as a reduction to the mean level of the sea. Opportunities were offered in a few instances for testing the accuracy of the method by different barometers used by different observers at different days on the same point. No discrepancy greater than 7 feet has been thus discovered. In other cases the same observer returned and observed at the same places, and here a similar congruity of result has been found to exist. 
The whole of the calculations have been made by the formulae and tables of Bailey. Before adopting these their results were compared in one or two instances with those of a more exact formula. The differences, however, were found so small as to be of no importance, amounting in the height of Lake Johnson to no more than 5 feet in 1,007. The original record of the barometric observations, each verified by the initials of the observer, have been deposited in the State Department. 
25. The paths pursued by the traveling parties were marked by blazing trees. The position of the barometer at each place of observation was also marked. The operation was a search for the boundary line in an unknown country, hence it rarely happened that the path of the parties has pursued the exact dividing line of the waters of the St. Lawrence and the Atlantic, but has been continually crossing it. The maps herewith submitted and the marks by which the line of the survey has been perpetuated would have enabled a party sent out for that especial purpose to trace the boundary on the ground without difficulty other than that arising from the inacessible character of the country. 
26. The commissioner can not speak in too high terms of the industry and perseverance manifested by the engineers and surveyors employed on this division, and in particular of the skill and intelligence of the two first assistants. Circumstances had prevented the receipt of portable astronomic instruments which had been ordered from Paris and Munich, and an instrument formed by the adaptation of a vertical circle to the lower part of an excellent German theodolite by Draper, of Philadelphia, was found on its being opened at Metis to have received an injury which rendered its accuracy doubtful. The whole reliance for the greatest accuracy was thus thrown on the repeating circle of Dollond. Such, however, was the address and skill of the engineer to whom it was intrusted that he not only fulfilled the object for which it was intended, of determining the position of the points visited by the traveling parties, but accomplished the same object at the stationary camps and at the river stations, without delaying for an hour the operations of the survey. 
The duty which these gentlemen performed was arduous in the extreme. It has been seen that on the expedition up the Metis a seasoned voyageur had been worn out by the severity of his labors; on the Tuladi half the men were sick at a time; and of Mr. Rally's party two Penobscot Indians of herculean frame were compelled to return by extreme fatigue. The engineers, while in the field, were even more exposed to fatigue than the laborers, for they carried their own baggage and instruments, and were engaged nightly in observation and calculation, while the workmen could repose. 
27. The commissioner to whom the survey of the northern division of the boundary line was intrusted has to express his acknowledgments for the politeness and good offices of the authorities of Her Britannic Majesty. In compliance with his request, permission was granted by the late lamented Governor-General for the admission of a vessel and the entry of the stores, camp equipage, and instruments of the party at one or more ports on the St. Lawrence. Letters were addressed by the principal secretary of the colony of Canada to all the officers and magistrates, directing them to give every facility to the operations, and these directions were obeyed, not as mere matters of form, but with a truly hospitable spirit. To the officers of the Sixty-eighth Regiment, forming the garrison of Fort Ingall and occupying the post of the river Du Loup, as well as to the officers of the commissariat on duty at those places, acknowledgments are due for numerous attentions. 
II.  Operations of the year 1842. 
1. Of the task originally assigned in the instructions for this division there remained to be completed   
(1) A portion of the boundary claimed by the United States around the head waters of the river Rimouski. 
(2) The line of highlands forming the south bounds of the Province of Quebec, extending from the north shore of the Bay of Chaleurs at its western extremity. 
2. Experience had shown that the portion of the boundary which remained unsurveyed could not be reached with any hope of completing the survey by any of the streams running into the St. Lawrence nor from the waters of Lake Temiscouata. The Green River (of St. John) was therefore chosen as the line of operation. It was known that a portage existed between its boatable waters and those of the Grande Fourche of Restigouche. The plan for the work of the season was therefore laid as follows: 
To proceed up Green River with a party, thence to cross to the Bell Kedgwick by the portage, and having, by expeditions from the banks of that stream, surveyed the remainder of the claimed boundary, to fall down the stream to the Bay of Chaleurs, and, ascending the highland measured in 1840, to proceed along the heights in order to reach if possible the northwest angle of Nova Scotia. 
The work being the most remote and difficult of access of any on the whole boundary, it was necessary to take measures early, and, it being apparent that if they were not vigorously pressed the whole summer's work would be frustrated, permission was granted by the Secretary of State to prepare stores and provisions, and the party was sent forward toward its line of operations. Care was, however, taken, in conformity with his instructions, to secure means of communication. 
3. The transportation of stores, equipage, and instruments was rendered unexpectedly easy by a steamboat running from Portland to St. John, and by the politeness of the British consul at Portland and the collector of Her Britannic Majesty's customs at St. John free entrance was permitted at the latter port. These articles were shipped from Portland the 19th of June and under the charge of the Hon. Albert Smith reached the Grand Falls of St. John July     . 
4. Mr. Lally, first assistant engineer, with the surveyor, was dispatched by the way of Bangor and Houlton to the same point of rendezvous on 18th June for the purpose of procuring boats and engaging laborers. Mr. H.B. Renwick, first assistant, with Mr. F. Smith, second assistant, were placed in charge of the chronometers and the necessary astronomic instruments, with instructions to observe on the meridian of the St. Croix at Houlton, and again at its intersection with the river St. John, for the purpose of ascertaining the rate taken by the chronometers when carried. These preliminary operations being successfully performed, the party was completely organized at the Grand Falls of the St. John on the 2d July. The energy and activity of the persons intrusted with these several duties was such that this date of complete preparation for the field duties was at least a week earlier than any calculation founded on the experience of former years rendered probable. The commissioner, advised of the negotiation in progress, had made his arrangements to reach the Grand Falls of the St. John on the 10th July. Being directed by the State Department to remain in New York, he sent orders by mail to the party to halt until further instructions. 
5. These orders were not received, for the party, being fully organized, left the Grand Falls in three different detachments on the 4th, 6th, and 8th of July. The first detachment was composed of the surveyor, Mr. Bell, and an engineer having instructions to make a survey of Green River. The second was in charge of the assistant commissary, and was composed of three bateaux and fourteen pirogues, carrying stores and equipage for three months' service. The third was formed by the two first assistants, who, after performing the necessary astronomic observations at the Grand Falls and at two points on Green River, passed the surveying party and reached the portage between Green and Kedgwick rivers on the evening of the 13th July. 
6. Green River has a fall and rapids near its junction with the St. John, which are passed by a portage of 1-1/2 miles. At 15 miles from its mouth is a second fall, which is passed by a portage of 82 yards. The stream for this distance and for 5 miles above the second fall is very rapid, its bed being in some reaches almost filled with rocks. For the next 10 miles it has deep still reaches, alternating with gravel beds, or else the river flows over ledges of rock. It is then interrupted by a third fall, requiring a portage of 176 yards. Thence to the second fork of the lakes it has the same character as for the last 10 miles, except that in some places it flows with a gentle current between low banks covered with alder. From the second fork of the lakes to the southern end of the Green River and Kedgwick portage the stream is very narrow and may be styled one continuous rapid. It is upon the whole the most difficult of navigation of all the streams running into the St. John from its northern side, and approaches in its character of a torrent to the waters on the St. Lawrence side of the highlands. 
7. The portage from Green River to the South Branch of Kedgwick is 5-1/4 miles in length, and passes over the summits of two of the highest mountains in the ceded district, as well as several ridges. No vessel heavier than a birch canoe had ever before been carried over it. It therefore became necessary to clear it out before the bateaux and other heavy articles could be transported. Fifteen extra laborers, who had been engaged, with their pirogues, to carry some of the stores from the St. John, were retained to aid in making this portage, which swelled the number to twenty-seven. This large force was industriously engaged for eight days in carrying the stores and equipage over the portage, with the boats and canoes required for the future operations of the party. In the meantime the portage was surveyed, and a great number of observations were made, by which the latitude of the southern end of the portage and its difference in longitude from that of the meridian line were determined with great accuracy. In addition to the other labors of the party, a storehouse and observatory were erected. 
8. The commissioner, learning that the party had left the Grand Falls before his letter could have reached that place, addressed fresh orders to the engineer in command. These were sent under cover to the British postmaster at Lake Temiscouata, who was requested to send them up Green River by an express. By these he was directed to stop the progress of the party and to proceed himself to the river Du Loup, there to await fresh instructions. 
These orders did not arrive in time to prevent the party intended for the survey of the boundary from setting out. The engineer who had hitherto been in command returned to the St. John in pursuance of his original instructions and met the express on his way down Green River. The commissioner, being advised on the 13th July that the treaty had been signed, immediately dispatched a special messenger, who joined the chief of the division at the mouth of Green River on the 24th July. Measures were now taken for the recall and return of the party in the woods, and the whole division was assembled at the stationary camp at the north end of the portage on the 11th of August. 
9. The party engaged in the survey of the remaining part of the boundary line had before the orders of recall reached them successfully accomplished that duty, having connected their survey with points in the survey of the previous year and thoroughly explored the culminating points of the valley of Rimouski. As had been anticipated from the level of the streams seen in 1841, this portion of the boundary claimed by the United States is more elevated than any other portion of that line between the Temiscouata portage and the northwest angle of Nova Scotia. This survey would therefore have added an important link to the argument of the United States had not the question been settled by treaty. 
The party having received its orders of recall, all the articles of equipment which could not be carried in the boats which had been launched on the waters of the Restigouche were transported to the other end of the portage and embarked in pirogues sent up Green River for that purpose under the direction of the assistant commissary. The engineers then set out on their return by the Bell Kedgwick, the Grande Fourche, and the Southwest Branch of Restigouche. Ascending the latter stream, this party reached the Wagansis portage on the 21st August, and arrived at the Grand Falls on the 25th August. 
The descent of the Bell Kedgwick was attended with great difficulties in consequence of the low state of the waters. Until its junction with Katawamkedgwick, to form the Grande Fourche of Restigouche, it was necessary to drag the boats by hand. 
10. The detailed map of the surveys of this division, exhibiting the more important points whose altitudes were determined by the barometer, has already been lodged in the Department of State under date of 27th December. 
Although the interest of this survey to the United States has now passed away, yet, as it is probable that many years may elapse before this country shall be again explored, and as it may still possess some interest to the nation into whose undisputed possession it has now fallen, it may not be improper to state the methods employed in the survey, for the purpose of showing to what degree of faith it is entitled. 
The latitude and longitude of the mouth of Green River were furnished by Major Graham. The three portages on that river were surveyed by chain and compass. The courses on the navigable parts of the river were taken with a compass and the distances measured by a micrometrical telescope by Ertil, of Munich. This instrument, which had given satisfactory results on Metis and Mistigougeche in 1841, was still more accurate in the present survey. The latitude of the south end of the Kedgwick portage as given by the plot of Green River on the original projection differed no more than 5" from that given by numerous astronomic observations, an agreement so close that it might be almost considered as arising from happy accident. This survey therefore required but little correction, which was applied from the observations already cited and from those at two intermediate points. 
The survey of Kedgwick portage was performed with chain and compass. In the woods between the Bell Kedgwick and the boundary and along the whole line of survey the same method was used, observations for time and latitude being also taken whenever the weather permitted. As the lines intersected those of the last year, it can now be stated that every part of the boundary claimed by the United States, from the height of land on the Temiscouata portage which divides the waters of the Green River of the St. Lawrence from those of the St. Francis to the northwest angle of Nova Scotia, as well as its connections with the St. Lawrence and Lake Temiscouata by the Temiscouata portage, and with the St. Lawrence a second time by the Metis and Mistigougeche, and with the St. John by Green River, has been actually surveyed. This result is one that neither the Department in its original instructions nor the commissioner on his first view of the country had contemplated. In stating this the commissioner feels it his duty to acknowledge his obligations to the untiring zeal and energy of the gentlemen who have acted under his orders, and especially to his two first assistants, who, entering upon duties of an entirely novel character, not only to themselves, but to the country, have in the course of the operations of two years accumulated under the most disadvantageous circumstances a stock of observations which for number and accuracy may compare with those taken with every convenience at hand by the most practiced astronomers. 
In addition to the latitude of numerous points determined astronomically by the party engaged in surveying the line through the woods, the latitude of a point near the southern end of Green River and Kedgwick has been determined by eighty-six altitudes of sun and stars taken with a repeating and reflecting circle. 
The whole number of altitudes of sun and stars taken during the expedition for time and latitude was 806. 
III. 
1. The operations of this division during the three seasons which it has been engaged in field duties have given a view of nearly every part of the country which has now been ceded to Great Britain to the north of the St. John River and the Temiscouata portage. During the year 1840 the commissioner proceeded in person by the wagansis of Grand River to the waters of the Bay of Chaleurs, ascended the Grande Fourche of the Restigouche to Lake Kedgwick, and then traversed the country from that lake to the Tuladi by a route never before explored. In 1841 the Rimouski and Metis were both ascended  the first to the limits of its navigation by canoes, the latter to the lake in which the waters of its western branch are first collected. From this lake lines of survey repeatedly crossing the boundary claimed by the United States were extended to a great distance in both directions. The operations of the year were closed by a survey of so much of the boundary as incloses the basin of Lake Temiscouata and intersects so frequently the great portage. These latter surveys covered in some degree the explorations of one of the parties in 1840, which, therefore, are not quoted as a part of the work of that year. In 1842 the valley of Green River was explored, that stream was carefully surveyed, and the remainder of the boundary line dividing the sources of Rimouski from those of Green River and the eastern branches of Tuladi run out with chain and compass. 
In these surveys and explorations the character of the country, its soil, climate, and natural productions, have been thoroughly examined, and may be stated with full confidence in the accuracy of the facts. 
2. Beginning on the southern side of the ceded territory, the left bank of the St. John is for a few miles above the Grand Falls uncultivated and apparently barren. Thence to the confluence of the Madawaska it presents a continued settlement upon land of good quality, producing large crops of potatoes and grass. It also yields wheat, oats, and barley, but the crops are neither abundant nor certain. The Madawaska River presents but few attempts at settlement on either of its banks. Its left bank is represented to be generally barren, but some good land is said to exist on its southwestern side. The shores of Lake Temiscouata are either rocky or composed of a light, gravelly soil, which is so poor that it will not repay the labor of cultivation, even when newly cleared, without the aid of manure. Some tolerable meadows are found, which are at the moment highly valued in consequence of a demand for forage by the British troops. The valley of Green River has in some places upon its banks intervals of level alluvium which might be improved as meadows, and it has been represented as being in general fertile. A close examination has not confirmed this impression. 
Mr. Lally reports that   
"In the valley of Green River there are some tracts of land capable of cultivation, but the greater portion of it is a hard, rocky soil, covered with a growth of poplar and trees of that description. Some of the most desirable spots for farms had been formerly taken up by settlers from the Madawaska settlement, but although the land is as good as that on the river St. John, they were obliged to abandon their clearings on account of the early frosts and the black flies. It can hardly be conceived that the latter would be a sufficient cause for leaving valuable land to waste, but such is the fact, as I have been informed by some of those who made the attempt to settle, and I can well believe it from my own experience there." 
3. The explorations of 1840, in which the ground lying between the western sources of Green River and Squattuck, a branch of Tuladi, was traversed, showed a considerable extent of better land than any other in the ceded territory. The commissioner traveled for a part of two days along a table-land of no great elevation, covered with rock, maple, and a thick undergrowth of moosewood, both said to be signs of good soil; of this there may be from seven to ten thousand acres, and it is a far larger body of tillable land than is to be found in any other part of the country north of the settlements on the St. John. 
4. By far the greater portion of the territory in question is composed of the highlands in which the streams that flow to the St. Lawrence and the Atlantic take their rise. With but three exceptions no part of this is less than 1,000 feet above the level of the sea. It is a perfect labyrinth of small lakes, cedar and alder swamps, and ridges covered with a thick but small growth of fir and spruce, or, more rarely, of birch. No portion of it appears to be fit for tillage. 
5. In respect to timber, it was found that the pine, the only tree considered of any value, ceased to grow in rising from the St. Lawrence at less than 1,000 feet above the level of the sea. Only one extensive tract of pine was seen by any of the parties; this lies around the sources of the St. Francis, and may cover three or four thousand acres. This river, however, discharges itself from Lake St. Francis through a bed of bowlders, and is sometimes wholly lost to the view. This tract, therefore, although repeatedly examined by the proprietors of sawmills on the St. Lawrence and the St. John, has been hitherto found inaccessible. The pine timber on the seigniory of Temiscouata has been in a great degree cut off or burnt by fires in the woods. There is still some timber on the waters of Squattuck, but it has been diminished by two or three years of active lumbering, while that around Tuladi, if it were ever abundant, has disappeared. It would, however, appear from report that on the waters of the North Branch of Restigouche to the eastward of the exploring meridian there is some valuable timber. This is the only portion of the district which has not been explored. 
6. As to the valley of Green River, the engineer who has already been quoted reports as follows: 
"This river has had the reputation of having on it large quantities of pine timber, but as far as I have been able to judge it is small and rather sparsely scattered along the slopes of the ridges. Above the third falls of the river, which are rather more than 30 miles from its mouth, there is scarcely any to be seen. Some of the Madawaska settlers, who have explored nearly every tributary of the river, report that there is good timber on some of them. Judging from the language that they used in relation to some that I saw myself, I infer that what they call good would not be so considered by the lumbermen of the Penobscot. The people who lumber in this vicinity do it on a small scale when compared with the operators in Maine. They rarely use more than two horses to draw their lumber to the stream, so that a tract which would not afford more than a month's work to an extensive operator would keep one of these people employed for years." 
7. As respects climate, the country would be considered unfit for habitation by those accustomed to the climates even of the southern parts of Maine and of New Hampshire. Frosts continue on the St. John until late in May, and set in early in September. In 1840 ice was found on the Grand River on the 12th of that month, and snow fell in the first week of October on Lake Temiscouata. In the highland region during the last week of July, although the thermometer rose above 80°, and was once above 90°, white frost was formed every clear night. Upon the whole, therefore, it may be concluded that there is little in this country calculated to attract either settlers or speculators in lumber. The former were driven to it under circumstances of peculiar hardship and of almost paramount necessity. Their industry and perseverance under adverse circumstances is remarkable, but they would have been hardly able to overcome them had not the very question of the disputed boundary led to an expenditure of considerable money among them. 

VETO MESSAGE. 
WASHINGTON, December 14, 1842. 
To the House of Representatives: 
Two bills were presented to me at the last session of Congress, which originated in the House of Representatives, neither of which was signed by me; and both having been presented within ten days of the close of the session, neither has become a law. 
The first of these was a bill entitled "An act to repeal the proviso of the sixth section of the act entitled 'An act to appropriate the proceeds of the sales of the public lands and to grant preemption rights,' approved September 4, 1841." 
This bill was presented to me on Tuesday, the 30th August, at twenty-four minutes after 4 o'clock in the afternoon. For my opinions relative to the provisions contained in this bill it is only necessary that I should refer to previous communications made by me to the House of Representatives. 
The other bill was entitled "An act regulating the taking of testimony in cases of contested elections, and for other purposes." This bill was presented to me at a quarter past 1 o'clock on Wednesday, the 31st day of August. The two Houses, by concurrent vote, had already agreed to terminate the session by adjournment at 2 o'clock on that day  that is to say, within three-quarters of an hour from the time the bill was placed in my hands. It was a bill containing twenty-seven sections, and, I need not say, of an important nature. 
On its presentment to me its reading was immediately commenced, but was interrupted by so many communications from the Senate and so many other causes operating at the last hour of the session that it was impossible to read the bill understandingly and with proper deliberation before the hour fixed for the adjournment of the two Houses; and this, I presume, is a sufficient reason for neither signing the bill nor returning it with my objections. 
The seventeenth joint rule of the two Houses of Congress declares that "no bill or resolution that shall have passed the House of Representatives and the Senate shall be presented to the President of the United States for his approbation on the last day of the session." 
This rule was evidently designed to give to the President a reasonable opportunity of perusing important acts of Congress and giving them some degree of consideration before signing or returning the same. 
It is true that the two Houses have been in the habit of suspending this rule toward the close of the session in relation to particular bills, and it appears by the printed Journal that by concurrent votes of the two Houses passed on the last day of the session the rule was agreed to be suspended so far as the same should relate to all such bills as should have been passed by the two Houses at 1 o'clock on that day. It is exceedingly to be regretted that a necessity should ever exist for such suspension in the case of bills of great importance, and therefore demanding careful consideration. 
As the bill has failed under the provisions of the Constitution to become a law, I abstain from expressing any opinions upon its several provisions, keeping myself wholly uncommitted as to my ultimate action on any similar measure should the House think proper to originate it de novo, except so far as my opinion of the unqualified power of each House to decide for itself upon the elections, returns, and qualifications of its own members has been expressed by me in a paper lodged in the Department of State at the time of signing an act entitled "An act for the apportionment of Representatives among the several States according to the Sixth Census," approved June 22, 1842, a copy of which is in possession of the House. 
JOHN TYLER.

THIRD ANNUAL MESSAGE. 
WASHINGTON, December, 1843. 
To the Senate and House of Representatives of the United States: 
If any people ever had cause to render up thanks to the Supreme Being for parental care and protection extended to them in all the trials and difficulties to which they have been from time to time exposed, we certainly are that people. From the first settlement of our forefathers on this continent, through the dangers attendant upon the occupation of a savage wilderness, through a long period of colonial dependence, through the War of the Revolution, in the wisdom which led to the adoption of the existing forms of republican government, in the hazards incident to a war subsequently waged with one of the most powerful nations of the earth, in the increase of our population, in the spread of the arts and sciences, and in the strength and durability conferred on political institutions emanating from the people and sustained by their will, the superintendence of an overruling Providence has been plainly visible. As preparatory, therefore, to entering once more upon the high duties of legislation, it becomes us humbly to acknowledge our dependence upon Him as our guide and protector and to implore a continuance of His parental watchfulness over our beloved country. We have new cause for the expression of our gratitude in the preservation of the health of our fellow-citizens, with some partial and local exceptions, during the past season, for the abundance with which the earth has yielded up its fruits to the labors of the husbandman, for the renewed activity which has been imparted to commerce, for the revival of trade in all its departments, for the increased rewards attendant on the exercise of the mechanic arts, for the continued growth of our population and the rapidly reviving prosperity of the whole country. I shall be permitted to exchange congratulations with you, gentlemen of the two Houses of Congress, on these auspicious circumstances, and to assure you in advance of my ready disposition to concur with you in the adoption of all such measures as shall be calculated to increase the happiness of our constituents and to advance the glory of our common country. 
Since the last adjournment of Congress the Executive has relaxed no effort to render indestructible the relations of amity which so happily exist between the United States and other countries. The treaty lately concluded with Great Britain has tended greatly to increase the good understanding which a reciprocity of interests is calculated to encourage, and it is most ardently to be hoped that nothing may transpire to interrupt the relations of amity which it is so obviously the policy of both nations to cultivate. A question of much importance still remains to be adjusted between them. The territorial limits of the two countries in relation to what is commonly known as the Oregon Territory still remain in dispute. The United States would be at all times indisposed to aggrandize itself at the expense of any other nation; but while they would be restrained by principles of honor, which should govern the conduct of nations as well as that of individuals, from setting up a demand for territory which does not belong to them, they would as unwillingly consent to a surrender of their rights. After the most rigid and, as far as practicable, unbiased examination of the subject, the United States have always contended that their rights appertain to the entire region of country lying on the Pacific and embraced within 42° and 54° 40' of north latitude. This claim being controverted by Great Britain, those who have preceded the present Executive  actuated, no doubt, by an earnest desire to adjust the matter upon terms mutually satisfactory to both countries  have caused to be submitted to the British Government propositions for settlement and final adjustment, which, however, have not proved heretofore acceptable to it. Our minister at London has, under instructions, again brought the subject to the consideration of that Government, and while nothing will be done to compromit the rights or honor of the United States, every proper expedient will be resorted to in order to bring the negotiation now in the progress of resumption to a speedy and happy termination. In the meantime it is proper to remark that many of our citizens are either already established in the Territory or are on their way thither for the purpose of forming permanent settlements, while others are preparing to follow; and in view of these facts I must repeat the recommendation contained in previous messages for the establishment of military posts at such places on the line of travel as will furnish security and protection to our hardy adventurers against hostile tribes of Indians inhabiting those extensive regions. Our laws should also follow them, so modified as the circumstances of the case may seem to require. Under the influence of our free system of government new republics are destined to spring up at no distant day on the shores of the Pacific similar in policy and in feeling to those existing on this side of the Rocky Mountains, and giving a wider and more extensive spread to the principles of civil and religious liberty. 
I am happy to inform you that the cases which have from time to time arisen of the detention of American vessels by British cruisers on the coast of Africa under pretense of being engaged in the slave trade have been placed in a fair train of adjustment. In the case of the William and Francis full satisfaction will be allowed. In the cases of the Tygris and Seamew the British Government admits that satisfaction is due. In the case of the Jones the sum accruing from the sale of that vessel and cargo will be paid to the owners, while I can not but flatter myself that full indemnification will be allowed for all damages sustained by the detention of the vessel; and in the case of the Douglas Her Majesty's Government has expressed its determination to make indemnification. Strong hopes are therefore entertained that most, if not all, of these cases will be speedily adjusted. No new cases have arisen since the ratification of the treaty of Washington, and it is confidently anticipated that the slave trade, under the operation of the eighth article of that treaty, will be altogether suppressed. 
The occasional interruption experienced by our fellow-citizens engaged in the fisheries on the neighboring coast of Nova Scotia has not failed to claim the attention of the Executive. Representations upon this subject have been made, but as yet no definitive answer to those representations has been received from the British Government. 
Two other subjects of comparatively minor importance, but nevertheless of too much consequence to be neglected, remain still to be adjusted between the two countries. By the treaty between the United States and Great Britain of July, 1815, it is provided that no higher duties shall be levied in either country on articles imported from the other than on the same articles imported from any other place. In 1836 rough rice by act of Parliament was admitted from the coast of Africa into Great Britain on the payment of a duty of 1 penny a quarter, while the same article from all other countries, including the United States, was subjected to the payment of a duty of 20 shillings a quarter. Our minister at London has from time to time brought this subject to the attention of the British Government, but so far without success. He is instructed to renew his representations upon it. 
Some years since a claim was preferred against the British Government on the part of certain American merchants for the return of export duties paid by them on shipments of woolen goods to the United States after the duty on similar articles exported to other countries had been repealed, and consequently in contravention of the commercial convention between the two nations securing to us equality in such cases. The principle on which the claim rests has long since been virtually admitted by Great Britain, but obstacles to a settlement have from time to time been interposed, so that a large portion of the amount claimed has not yet been refunded. Our minister is now engaged in the prosecution of the claim, and I can not but persuade myself that the British Government will no longer delay its adjustment. 
I am happy to be able to say that nothing has occurred to disturb in any degree the relations of amity which exist between the United States and France, Austria, and Russia, as well as with the other powers of Europe, since the adjournment of Congress. Spain has been agitated with internal convulsions for many years, from the effects of which, it is hoped, she is destined speedily to recover, when, under a more liberal system of commercial policy on her part, our trade with her may again fill its old and, so far as her continental possessions are concerned, its almost forsaken channels, thereby adding to the mutual prosperity of the two countries. 
The Germanic Association of Customs and Commerce, which since its establishment in 1833 has been steadily growing in power and importance, and consists at this time of more than twenty German States, and embraces a population of 27,000,000 people united for all the purposes of commercial intercourse with each other and with foreign states, offers to the latter the most valuable exchanges on principles more liberal than are offered in the fiscal system of any other European power. From its origin the importance of the German union has never been lost sight of by the United States. The industry, morality, and other valuable qualities of the German nation have always been well known and appreciated. On this subject I invite the attention of Congress to the report of the Secretary of State, from which it will be seen that while our cotton is admitted free of duty and the duty on rice has been much reduced (which has already led to a greatly increased consumption), a strong disposition has been recently evinced by that great body to reduce, upon certain conditions, their present duty upon tobacco. This being the first intimation of a concession on this interesting subject ever made by any European power, I can not but regard it as well calculated to remove the only impediment which has so far existed to the most liberal commercial intercourse between us and them. In this view our minister at Berlin, who has heretofore industriously pursued the subject, has been instructed to enter upon the negotiation of a commercial treaty, which, while it will open new advantages to the agricultural interests of the United States and a more free and expanded field for commercial operations, will affect injuriously no existing interest of the Union. Should the negotiation be crowned with success, its results will be communicated to both Houses of Congress. 
I communicate herewith certain dispatches received from our minister at Mexico, and also a correspondence which has recently occurred between the envoy from that Republic and the Secretary of State. It must but be regarded as not a little extraordinary that the Government of Mexico, in anticipation of a public discussion (which it has been pleased to infer from newspaper publications as likely to take place in Congress, relating to the annexation of Texas to the United States), should have so far anticipated the result of such discussion as to have announced its determination to visit any such anticipated decision by a formal declaration of war against the United States. If designed to prevent Congress from introducing that question as a fit subject for its calm deliberation and final judgment, the Executive has no reason to doubt that it will entirely fail of its object. The representatives of a brave and patriotic people will suffer no apprehension of future consequences to embarrass them in the course of their proposed deliberations, nor will the executive department of the Government fail for any such cause to discharge its whole duty to the country. 
The war which has existed for so long a time between Mexico and Texas has since the battle of San Jacinto consisted for the most part of predatory incursions, which, while they have been attended with much of suffering to individuals and have kept the borders of the two countries in a state of constant alarm, have failed to approach to any definitive result. Mexico has fitted out no formidable armament by land or by sea for the subjugation of Texas. Eight years have now elapsed since Texas declared her independence of Mexico, and during that time she has been recognized as a sovereign power by several of the principal civilized states. Mexico, nevertheless, perseveres in her plans of reconquest, and refuses to recognize her independence. The predatory incursions to which I have alluded have been attended in one instance with the breaking up of the courts of justice, by the seizing upon the persons of the judges, jury, and officers of the court and dragging them along with unarmed, and therefore noncombatant, citizens into a cruel and oppressive bondage, thus leaving crime to go unpunished and immorality to pass unreproved. A border warfare is evermore to be deprecated, and over such a war as has existed for so many years between these two States humanity has had great cause to lament. Nor is such a condition of things to be deplored only because of the individual suffering attendant upon it. The effects are far more extensive. The Creator of the Universe has given man the earth for his resting place and its fruits for his subsistence. Whatever, therefore, shall make the first or any part of it a scene of desolation affects injuriously his heritage and may be regarded as a general calamity. Wars may sometimes be necessary, but all nations have a common interest in bringing them speedily to a close. The United States have an immediate interest in seeing an end put to the state of hostilities existing between Mexico and Texas. They are our neighbors, of the same continent, with whom we are not only desirous of cultivating the relations of amity, but of the most extended commercial intercourse, and to practice all the rites of a neighborhood hospitality. Our own interests are involved in the matter, since, however neutral may be our course of policy, we can not hope to escape the effects of a spirit of jealousy on the part of both of the powers. Nor can this Government be indifferent to the fact that a warfare such as is waged between those two nations is calculated to weaken both powers and finally to render them  and especially the weaker of the two  the subjects of interference on the part of stronger and more powerful nations, who, intent only on advancing their own peculiar views, may sooner or later attempt to bring about a compliance with terms as the condition of their interposition alike derogatory to the nation granting them and detrimental to the interests of the United States. We could not be expected quietly to permit any such interference to our disadvantage. Considering that Texas is separated from the United States by a mere geographical line; that her territory, in the opinion of many, down to a late period formed a portion of the territory of the United States; that it is homogeneous in its population and pursuits with the adjoining States, makes contributions to the commerce of the world in the same articles with them, and that most of her inhabitants have been citizens of the United States, speak the same language, and live under similar political institutions with ourselves, this Government is bound by every consideration of interest as well as of sympathy to see that she shall be left free to act, especially in regard to her domestic affairs, unawed by force and unrestrained by the policy or views of other countries. In full view of all these considerations, the Executive has not hesitated to express to the Government of Mexico how deeply it deprecated a continuance of the war and how anxiously it desired to witness its termination. I can not but think that it becomes the United States, as the oldest of the American Republics, to hold a language to Mexico upon this subject of an unambiguous character. It is time that this war had ceased. There must be a limit to all wars, and if the parent state after an eight years' struggle has failed to reduce to submission a portion of its subjects standing out in revolt against it, and who have not only proclaimed themselves to be independent, but have been recognized as such by other powers, she ought not to expect that other nations will quietly look on, to their obvious injury, upon a protraction of hostilities. These United States threw off their colonial dependence and established independent governments, and Great Britain, after having wasted her energies in the attempt to subdue them for a less period than Mexico has attempted to subjugate Texas, had the wisdom and justice to acknowledge their independence, thereby recognizing the obligation which rested on her as one of the family of nations. An example thus set by one of the proudest as well as most powerful nations of the earth it could in no way disparage Mexico to imitate. While, therefore, the Executive would deplore any collision with Mexico or any disturbance of the friendly relations which exist between the two countries, it can not permit that Government to control its policy, whatever it may be, toward Texas, but will treat her  as by the recognition of her independence the United States have long since declared they would do  as entirely independent of Mexico. The high obligations of public duty may enforce from the constituted authorities of the United States a policy which the course persevered in by Mexico will have mainly contributed to produce, and the Executive in such a contingency will with confidence throw itself upon the patriotism of the people to sustain the Government in its course of action. 
Measures of an unusual character have recently been adopted by the Mexican Government, calculated in no small degree to affect the trade of other nations with Mexico and to operate injuriously to the United States. All foreigners, by a decree of the 23d day of September, and after six months from the day of its promulgation, are forbidden to carry on the business of selling by retail any goods within the confines of Mexico. Against this decree our minister has not failed to remonstrate. 
The trade heretofore carried on by our citizens with Santa Fe, in which much capital was already invested and which was becoming of daily increasing importance, has suddenly been arrested by a decree of virtual prohibition on the part of the Mexican Government. Whatever may be the right of Mexico to prohibit any particular course of trade to the citizens or subjects of foreign powers, this late procedure, to say the least of it, wears a harsh and unfriendly aspect. 
The installments on the claims recently settled by the convention with Mexico have been punctually paid as they have fallen due, and our minister is engaged in urging the establishment of a new commission in pursuance of the convention for the settlement of unadjusted claims. 
With the other American States our relations of amity and good will have remained uninterrupted. Our minister near the Republic of New Granada has succeeded in effecting an adjustment of the claim upon that Government for the schooner By Chance, which had been pending for many years. The claim for the brig Morris, which had its origin during the existence of the Republic of Colombia, and indemnification for which since the dissolution of that Republic has devolved upon its several members, will be urged with renewed zeal. 
I have much pleasure in saying that the Government of Brazil has adjusted the claim upon that Government in the case of the schooner John S. Bryan, and that sanguine hopes are entertained that the same spirit of justice will influence its councils in arriving at an early decision upon the remaining claims, thereby removing all cause of dissension between two powers whose interests are to some extent interwoven with each other. 
Our minister at Chili has succeeded in inducing a recognition by that Government of the adjustment effected by his predecessor of the first claim in the case of the Macedonian. The first installment has been received by the claimants in the United States. 
Notice of the exchange of ratifications of the treaty with Peru, which will take place at Lima, has not yet reached this country, but is shortly expected to be received, when the claims upon that Republic will doubtless be liquidated and paid. 
In consequence of a misunderstanding between this Government and that of Buenos Ayres, occurring several years ago, this Government has remained unrepresented at that Court, while a minister from it has been constantly resident here. The causes of irritation have in a great measure passed away, and it is in contemplation, in view of important interests which have grown up in that country, at some early period during the present session of Congress, with the concurrence of the Senate, to restore diplomatic relations between the two countries. 
Under the provisions of an act of Congress of the last session a minister was dispatched from the United States to China in August of the present year, who, from the latest accounts we have from him, was at Suez, in Egypt, on the 25th of September last, on his route to China. 
In regard to the Indian tribes residing within our jurisdictional limits, the greatest vigilance of the Government has been exerted to preserve them at peace among themselves and to inspire them with feelings of confidence in the justice of this Government and to cultivate friendship with the border inhabitants. This has happily succeeded to a great extent, but it is a subject of regret that they suffer themselves in some instances to be imposed upon by artful and designing men, and this notwithstanding all efforts of the Government to prevent it. 
The receipts into the Treasury for the calendar year 1843, exclusive of loans, were little more than $18,000,000, and the expenditures, exclusive of the payments on the public debt, will have been about $23,000,000. By the act of 1842 a new arrangement of the fiscal year was made, so that it should commence on the 1st day of July in each year. The accounts and estimates for the current fiscal year will show that the loans and Treasury notes made and issued before the close of the last Congress to meet the anticipated deficiency have not been entirely adequate. Although on the 1st of October last there was a balance in the Treasury, in consequence of the provisions thus made, of $3,914,082.77, yet the appropriations already made by Congress will absorb that balance and leave a probable deficiency of $2,000,000 at the close of the present fiscal year. There are outstanding Treasury notes to about the amount of $4,600,000, and should they be returned upon the Treasury during the fiscal year they will require provision for their redemption. I do not, however, regard this as probable, since they have obviously entered into the currency of the country and will continue to form a portion of it if the system now adopted be continued. The loan of 1841, amounting to $5,672,976.88, falls due on the 1st day of January, 1845, and must be provided for or postponed by a new loan; and unless the resources of revenue should be materially increased by you there will be a probable deficiency for the service of the fiscal year ending June 30, 1845, of upward of $4,000,000. 
The delusion incident to an enormously excessive paper circulation, which gave a fictitious value to everything and stimulated adventure and speculation to an extravagant extent, has been happily succeeded by the substitution of the precious metals and paper promptly redeemable in specie; and thus false values have disappeared and a sounder condition of things has been introduced. This transition, although intimately connected with the prosperity of the country, has nevertheless been attended with much embarrassment to the Government in its financial concerns. So long as the foreign importers could receive payment for their cargoes in a currency of greatly less value than that in Europe, but fully available here in the purchase of our agricultural productions (their profits being immeasurably augmented by the operation), the shipments were large and the revenues of the Government became superabundant. But the change in the character of the circulation from a nominal and apparently real value in the first stage of its existence to an obviously depreciated value in its second, so that it no longer answered the purposes of exchange or barter, and its ultimate substitution by a sound metallic and paper circulation combined, has been attended by diminished importations and a consequent falling off in the revenue. This has induced Congress, from 1837, to resort to the expedient of issuing Treasury notes, and finally of funding them, in order to supply deficiencies. I can not, however, withhold the remark that it is in no way compatible with the dignity of the Government that a public debt should be created in time of peace to meet the current expenses of the Government, or that temporary expedients should be resorted to an hour longer than it is possible to avoid them. The Executive can do no more than apply the means which Congress places in its hands for the support of Government, and, happily for the good of the country and for the preservation of its liberties, it possesses no power to levy exactions on the people or to force from them contributions to the public revenue in any form. It can only recommend such measures as may in its opinion be called for by the wants of the public service to Congress, with whom alone rests the power to "lay and collect taxes, duties, imposts, and excises." This duty has upon several occasions heretofore been performed. The present condition of things gives flattering promise that trade and commerce are rapidly reviving, and, fortunately for the country, the sources of revenue have only to be opened in order to prove abundant. 
While we can anticipate no considerable increase in the proceeds of the sales of the public lands, for reasons perfectly obvious to all, for several years to come, yet the public lands can not otherwise than be regarded as the foundation of the public credit. With so large a body of the most fertile lands in the world under the control and at the disposal of this Government, no one can reasonably doubt the entire ability to meet its engagements under every emergency. In seasons of trial and difficulty similar to those through which we are passing the capitalist makes his investments in the Government stocks with the most assured confidence of ultimate reimbursement; and whatever may be said of a period of great financial prosperity, such as existed for some years after 1833, I should regard it as suicidal in a season of financial embarrassment either to alienate the lands themselves or the proceeds arising from their sales. The first and paramount duty of those to whom may be intrusted the administration of public affairs is to guard the public credit. In reestablishing the credit of this central Government the readiest and most obvious mode is taken to restore the credit of the States. The extremities can only be made sound by producing a healthy action in the central Government, and the history of the present day fully establishes the fact that an increase in the value of the stocks of this Government will in a great majority of instances be attended by an increase in the value of the stocks of the States. It should therefore be a matter of general congratulation that amidst all the embarrassments arising from surrounding circumstances the credit of the Government should have been so fully restored that it has been enabled to effect a loan of $7,000,000 to redeem that amount of Treasury notes on terms more favorable than any that have been offered for many years. And the 6 per cent stock which was created in 1842 has advanced in the hands of the holders nearly 20 per cent above its par value. The confidence of the people in the integrity of their Government has thus been signally manifested. These opinions relative to the public lands do not in any manner conflict with the observance of the most liberal policy toward those of our fellow-citizens who press forward into the wilderness and are the pioneers in the work of its reclamation. In securing to all such their rights of preemption the Government performs but an act of retributive justice for sufferings encountered and hardships endured, and finds ample remuneration in the comforts which its policy insures and the happiness which it imparts. 
Should a revision of the tariff with a view to revenue become necessary in the estimation of Congress, I doubt not you will approach the subject with a just and enlightened regard to the interests of the whole Union. The principles and views which I have heretofore had occasion to submit remain unchanged. It can, however, never be too often repeated that the prominent interest of every important pursuit of life requires for success permanency and stability in legislation. These can only be attained by adopting as the basis of action moderation in all things, which is as indispensably necessary to secure the harmonious action of the political as of the animal system. In our political organization no one section of the country should desire to have its supposed interests advanced at the sacrifice of all others, but union, being the great interest, equally precious to all, should be fostered and sustained by mutual concessions and the cultivation of that spirit of compromise from which the Constitution itself proceeded. 
You will be informed by the report from the Treasury Department of the measures taken under the act of the last session authorizing the reissue of Treasury notes in lieu of those then outstanding. The system adopted in pursuance of existing laws seems well calculated to save the country a large amount of interest, while it affords conveniences and obviates dangers and expense in the transmission of funds to disbursing agents. I refer you also to that report for the means proposed by the Secretary to increase the revenue, and particularly to that portion of it which relates to the subject of the warehousing system, which I earnestly urged upon Congress at its last session and as to the importance of which my opinion has undergone no change. 
In view of the disordered condition of the currency at the time and the high rates of exchange between different parts of the country, I felt it to be incumbent on me to present to the consideration of your predecessors a proposition conflicting in no degree with the Constitution or with the rights of the States and having the sanction (not in detail, but in principle) of some of the eminent men who have preceded me in the Executive office. That proposition contemplated the issuing of Treasury notes of denominations of not less than $5 nor more than $100, to be employed in the payment of the obligations of the Government in lieu of gold and silver at the option of the public creditor, and to an amount not exceeding $15,000,000. It was proposed to make them receivable everywhere and to establish at various points depositories of gold and silver to be held in trust for the redemption of such notes, so as to insure their convertibility into specie. No doubt was entertained that such notes would have maintained a par value with gold and silver, thus furnishing a paper currency of equal value over the Union, thereby meeting the just expectations of the people and fulfilling the duties of a parental government. Whether the depositories should be permitted to sell or purchase bills under very limited restrictions, together with all its other details, was submitted to the wisdom of Congress and was regarded as of secondary importance. I thought then and think now that such an arrangement would have been attended with the happiest results. The whole matter of the currency would have been placed where by the Constitution it was designed to be placed  under the immediate supervision and control of Congress. The action of the Government would have been independent of all corporations, and the same eye which rests unceasingly on the specie currency and guards it against adulteration would also have rested on the paper currency, to control and regulate its issues and protect it against depreciation. The same reasons which would forbid Congress from parting with the power over the coinage would seem to operate with nearly equal force in regard to any substitution for the precious metals in the form of a circulating medium. Paper when substituted for specie constitutes a standard of value by which the operations of society are regulated, and whatsoever causes its depreciation affects society to an extent nearly, if not quite, equal to the adulteration of the coin. Nor can I withhold the remark that its advantages contrasted with a bank of the United States, apart from the fact that a bank was esteemed as obnoxious to the public sentiment as well on the score of expediency as of constitutionalty, appeared to me to be striking and obvious. The relief which a bank would afford by an issue of $15,000,000 of its notes, judging from the experience of the late United States Bank, would not have occurred in less than fifteen years, whereas under the proposed arrangement the relief arising from the issue of $15,000,000 of Treasury notes would have been consummated in one year, thus furnishing in one-fifteenth part of the time in which a bank could have accomplished it a paper medium of exchange equal in amount to the real wants of the country at par value with gold and silver. The saving to the Government would have been equal to all the interest which it has had to pay on Treasury notes of previous as well as subsequent issues, thereby relieving the Government and at the same time affording relief to the people. Under all the responsibilities attached to the station which I occupy, and in redemption of a pledge given to the last Congress at the close of its first session, I submitted the suggestion to its consideration at two consecutive sessions. The recommendation, however, met with no favor at its hands. While I am free to admit that the necessities of the times have since become greatly ameliorated and that there is good reason to hope that the country is safely and rapidly emerging from the difficulties and embarrassments which everywhere surrounded it in 1841, yet I can not but think that its restoration to a sound and healthy condition would be greatly expedited by a resort to the expedient in a modified form. 
The operations of the Treasury now rest upon the act of 1789 and the resolution of 1816, and those laws have been so administered as to produce as great a quantum of good to the country as their provisions are capable of yielding. If there had been any distinct expression of opinion going to show that public sentiment is averse to the plan, either as heretofore recommended to Congress or in a modified form, while my own opinion in regard to it would remain unchanged I should be very far from again presenting it to your consideration. The Government has originated with the States and the people, for their own benefit and advantage, and it would be subversive of the foundation principles of the political edifice which they have reared to persevere in a measure which in their mature judgments they had either repudiated or condemned. The will of our constituents clearly expressed should be regarded as the light to guide our footsteps, the true difference between a monarchical or aristocratical government and a republic being that in the first the will of the few prevails over the will of the many, while in the last the will of the many should be alone consulted. 
The report of the Secretary of War will bring you acquainted with the condition of that important branch of the public service. The Army may be regarded, in consequence of the small number of the rank and file in each company and regiment, as little more than a nucleus around which to rally the military force of the country in case of war, and yet its services in preserving the peace of the frontiers are of a most important nature. In all cases of emergency the reliance of the country is properly placed in the militia of the several States, and it may well deserve the consideration of Congress whether a new and more perfect organization might not be introduced, looking mainly to the volunteer companies of the Union for the present and of easy application to the great body of the militia in time of war. 
The expenditures of the War Department have been considerably reduced in the last two years. Contingencies, however, may arise which would call for the filling up of the regiments with a full complement of men and make it very desirable to remount the corps of dragoons, which by an act of the last Congress was directed to be dissolved. 
I refer you to the accompanying report of the Secretary for information in relation to the Navy of the United States. While every effort has been and will continue to be made to retrench all superfluities and lop off all excrescences which from time to time may have grown up, yet it has not been regarded as wise or prudent to recommend any material change in the annual appropriations. The interests which are involved are of too important a character to lead to the recommendation of any other than a liberal policy. Adequate appropriations ought to be made to enable the Executive to fit out all the ships that are now in a course of building or that require repairs for active service in the shortest possible time should any emergency arise which may require it. An efficient navy, while it is the cheapest means of public defense, enlists in its support the feelings of pride and confidence which brilliant deeds and heroic valor have heretofore served to strengthen and confirm. 
I refer you particularly to that part of the Secretary's report which has reference to recent experiments in the application of steam and in the construction of our war steamers, made under the superintendence of distinguished officers of the Navy. In addition to other manifest improvements in the construction of the steam engine and application of the motive power which has rendered them more appropriate to the uses of ships of war, one of those officers has brought into use a power which makes the steamship most formidable either for attack or defense. I can not too strongly recommend this subject to your consideration and do not hesitate to express my entire conviction of its great importance. 
I call your particular attention also to that portion of the Secretary's report which has reference to the act of the late session of Congress which prohibited the transfer of any balance of appropriation from other heads of appropriation to that for building, equipment, and repair. The repeal of that prohibition will enable the Department to give renewed employment to a large class of workmen who have been necessarily discharged in consequence of the want of means to pay them  a circumstance attended, especially at this season of the year, with much privation and suffering. 
It gives me great pain to announce to you the loss of the steamship the Missouri by fire in the Bay of Gibraltar, where she had stopped to renew her supplies of coal on her voyage to Alexandria, with Mr. Cushing, the American minister to China, on board. There is ground for high commendation of the officers and men for the coolness and intrepidity and perfect submission to discipline evinced under the most trying circumstances. Surrounded by a raging fire, which the utmost exertions could not subdue, and which threatened momentarily the explosion of her well-supplied magazines, the officers exhibited no signs of fear and the men obeyed every order with alacrity. Nor was she abandoned until the last gleam of hope of saving her had expired. It is well worthy of your consideration whether the losses sustained by the officers and crew in this unfortunate affair should not be reimbursed to them. 
I can not take leave of this painful subject without adverting to the aid rendered upon the occasion by the British authorities at Gibraltar and the commander, officers, and crew of the British ship of the line the Malabar, which was lying at the time in the bay. Everything that generosity or humanity could dictate was promptly performed. It is by such acts of good will by one to another of the family of nations that fraternal feelings are nourished and the blessings of permanent peace secured. 
The report of the Postmaster-General will bring you acquainted with the operations of that Department during the past year, and will suggest to you such modifications of the existing laws as in your opinion the exigencies of the public service may require. The change which the country has undergone of late years in the mode of travel and transportation has afforded so many facilities for the transmission of mail matter out of the regular mail as to require the greatest vigilance and circumspection in order to enable the officer at the head of the Department to restrain the expenditures within the income. There is also too much reason to fear that the franking privilege has run into great abuse. The Department, nevertheless, has been conducted with the greatest vigor, and has attained at the least possible expense all the useful objects for which it was established. 
In regard to all the Departments, I am quite happy in the belief that nothing has been left undone which was called for by a true spirit of economy or by a system of accountability rigidly enforced. This is in some degree apparent from the fact that the Government has sustained no loss by the default of any of its agents. In the complex, but at the same time beautiful, machinery of our system of government, it is not a matter of surprise that some remote agency may have failed for an instant to fulfill its desired office; but I feel confident in the assertion that nothing has occurred to interrupt the harmonious action of the Government itself, and that, while the laws have been executed with efficiency and vigor, the rights neither of States nor individuals have been trampled on or disregarded. 
In the meantime the country has been steadily advancing in all that contributes to national greatness. The tide of population continues unbrokenly to flow into the new States and Territories, where a refuge is found not only for our native-born fellow-citizens, but for emigrants from all parts of the civilized world, who come among us to partake of the blessings of our free institutions and to aid by their labor to swell the current of our wealth and power. 
It is due to every consideration of public policy that the lakes and rivers of the West should receive all such attention at the hands of Congress as the Constitution will enable it to bestow. Works in favorable and proper situations on the Lakes would be found to be as indispensably necessary, in case of war, to carry on safe and successful naval operations as fortifications on the Atlantic seaboard. The appropriation made by the last Congress for the improvement of the navigation of the Mississippi River has been diligently and efficiently applied. 
I can not close this communication, gentlemen, without recommending to your most favorable consideration the interests of this District. Appointed by the Constitution its exclusive legislators, and forming in this particular the only anomaly in our system of government  of the legislative body being elected by others than those for whose advantage they are to legislate  you will feel a superadded obligation to look well into their condition and to leave no cause for complaint or regret. The seat of Government of our associated republics can not but be regarded as worthy of your parental care. 
In connection with its other interests, as well as those of the whole country, I recommend that at your present session you adopt such measures in order to carry into effect the Smithsonian bequest as in your judgment will be best calculated to consummate the liberal intent of the testator. 
When, under a dispensation of Divine Providence, I succeeded to the Presidential office, the state of public affairs was embarrassing and critical. To add to the irritation consequent upon a long-standing controversy with one of the most powerful nations of modern times, involving not only questions of boundary (which under the most favorable circumstances are always embarrassing), but at the same time important and high principles of maritime law, border controversies between the citizens and subjects of the two countries had engendered a state of feeling and of conduct which threatened the most calamitous consequences. The hazards incident to this state of things were greatly heightened by the arrest and imprisonment of a subject of Great Britain, who, acting (as it was alleged) as a part of a military force, had aided in the commission of an act violative of the territorial jurisdiction of the United States and involving the murder of a citizen of the State of New York. A large amount of claims against the Government of Mexico remained unadjusted and a war of several years' continuance with the savage tribes of Florida still prevailed, attended with the desolation of a large portion of that beautiful Territory and with the sacrifice of many valuable lives. To increase the embarrassments of the Government, individual and State credit had been nearly stricken down and confidence in the General Government was so much impaired that loans of a small amount could only be negotiated at a considerable sacrifice. As a necessary consequence of the blight which had fallen on commerce and mechanical industry, the ships of the one were thrown out of employment and the operations of the other had been greatly diminished. Owing to the condition of the currency, exchanges between different parts of the country had become ruinously high and trade had to depend on a depreciated paper currency in conducting its transactions. I shall be permitted to congratulate the country that under an overruling Providence peace was preserved without a sacrifice of the national honor; the war in Florida was brought to a speedy termination; a large portion of the claims on Mexico have been fully adjudicated and are in a course of payment, while justice has been rendered to us in other matters by other nations; confidence between man and man is in a great measure restored and the credit of this Government fully and perfectly reestablished; commerce is becoming more and more extended in its operations and manufacturing and mechanical industry once more reap the rewards of skill and labor honestly applied; the operations of trade rest on a sound currency and the rates of exchange are reduced to their lowest amount. 
In this condition of things I have felt it to be my duty to bring to your favorable consideration matters of great interest in their present and ultimate results; and the only desire which I feel in connection with the future is and will continue to be to leave the country prosperous and its institutions unimpaired. 
JOHN TYLER.

SPECIAL MESSAGES. 
CITY OF WASHINGTON, December 8, 1843. 
To the House of Representatives of the United States: 
I transmit herewith a report from the Secretary of the Treasury, exhibiting certain transfers of appropriations which have been made in that Department in pursuance of the power vested in the President of the United States by the act of Congress of the 3d March, 1809, entitled "An act further to amend the several acts for the establishment and regulation of the Treasury, War, and Navy Departments." 
JOHN TYLER.

WASHINGTON, December 12, 1843. 
To the Senate of the United States: 
I transmit herewith to the Senate, for their consideration in reference to its ratification, a convention for the surrender of criminals between the United States of America and His Majesty the King of the French, signed at this place on the 9th day of November last by the Secretary of State and the minister plenipotentiary ad interim from the French Government to the United States. 
JOHN TYLER.

WASHINGTON, December 16, 1843. 
To the House of Representatives: 
The two Houses of Congress at their last session passed a joint resolution, which originated in the House of Representatives, "presenting the thanks of Congress to Samuel T. Washington for the service sword of George Washington and the staff of Benjamin Franklin, presented by him to Congress." This resolution (in consequence, doubtless, of a merely accidental omission) did not reach me until after the adjournment of Congress, and therefore did not receive my approval and signature, which it would otherwise promptly have received. I nevertheless felt myself at liberty and deemed it entirely proper to communicate a copy of the resolution to Mr. Washington, as is manifested by the accompanying copy of the letter which I addressed to him. The joint resolution, together with a copy of the letter, is deposited in the Department of State, and can be withdrawn and communicated to the House if it see cause to require them. 
JOHN TYLER.

[From Miscellaneous Letters, Department of State.] 
SAMUEL T. WASHINGTON, Esq. 
WASHINGTON, April 27. 
DEAR SIR: I send you a copy of a joint resolution of the two Houses of Congress expressive of the estimate which they place upon the presents which you recently made to the United States of the sword used by your illustrious relative, George Washington, in the military career of his early youth in the Seven Years' War, and throughout the War of our National Independence, and of the staff bequeathed by the patriot, statesman, and sage Benjamin Franklin to the same leader of the armies of freedom in the Revolutionary War, George Washington. 
These precious relics have been accepted in the name of the nation, and have been deposited among its archives. 
I avail myself of the opportunity afforded in the performance of this pleasing task to tender you assurances of my high respect and esteem. 
JOHN TYLER.

[From Pocketed Laws, Department of State.] 
JOINT RESOLUTION presenting the thanks of Congress to Samuel T. Washington for the service sword of George Washington and the staff of Benjamin Franklin, presented by him to Congress. 
Resolved unanimously by the Senate and House of Representatives of the United States of America in Congress assembled, That the thanks of this Congress be presented to Samuel T. Washington, of Kanawha County, Va., for the present of the sword used by his illustrious relative, George Washington, in the military career of his early youth in the Seven Years' War, and throughout the War of our National Independence, and of the staff bequeathed by the patriot, statesman, and sage Benjamin Franklin to the same leader of the armies of freedom in the Revolutionary War, George Washington. 
That these precious relics are hereby accepted in the name of the nation; that they be deposited for safe-keeping in the Department of State of the United States; and that a copy of this resolution, signed by the President of the Senate and the Speaker of the House of Representatives, be transmitted to the said Samuel T. Washington. 
JOHN WHITE,
Speaker of the House of Representatives. 
WILLIE P. MANGUM,
President of the Senate pro tempore. 

WASHINGTON, December 26, 1843. 
To the Senate of the United States: 
I transmit herewith a communication from the War Department, containing all the information and correspondence in that Department "on the subject of the 'mountain howitzer' taken by Lieutenant Fremont on the expedition to the Oregon" [Territory], as requested by the resolution of the Senate of the 18th instant. 
JOHN TYLER.

WASHINGTON, D.C., December 27, 1843. 
To the Senate of the United States: 
I lay before the Senate a convention for the settlement of the claims of the citizens and Government of the Mexican Republic against the Government of the United States and of the citizens and Government of the United States against the Government of the Mexican Republic, signed in the City of Mexico on the 20th of last month. 
I am happy to believe that this convention provides as fully as is practicable for the adjustment of all claims of our citizens on the Government of Mexico. That Government has thus afforded a gratifying proof of its promptness and good faith in observing the stipulation of the sixth article of the convention of the 30th of January last. 
JOHN TYLER.