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and among the States, and the power of laying and collecting imposts. Where commerce is to be carried on, and imposts collected, there must be ports and harbors, as well as wharves and custom-houses. If ships, laden with valuable cargoes, approach the shore, or sail along the coast, lighthouses are necessary at suitable points for the protection of life and property. Other facilities and securities for comInerce and navigation are hardly less important; and those clauses of the constitution, therefore, to which I have referred, have received from the origin of the government a liberal and beneficial construction. Not only have lighthouses, buoys, and beacons been established, and floating lights maintained, but harbors have been cleared and improved, piers constructed, and even breakwaters for the safety of shipping, and sea walls to protect harbors from being filled up and rendered useless, by the action of the ocean, have been erected at very great expense. And this construction of the constitution appears the more reasonable from the consideration, that if these works, of such evident importance and utility, are not to be accomplished by Congress, they cannot be accomplished at all. By the adoption, of the constitution the several States voluntarily parted with the power of collecting duties of imposts in their own ports; and it is not to be expected that they should raise money, by internal taxation, direct or indirect, for the benefit of that commerce, the revenues derived from which do not, either in whole or in part, go into their own treasuries. Nor do I perceive any difference between the power of Congress to make appropriations for objects of this kind on the ocean, and the power to make appropriations for similar objects on lakes and rivers, wherever they are large enough to bear on their waters an extensive traffic. The magnificent Mississippi and its tributaries, and the vast lakes of the north and northwest, appear to me to fall within the exercise of the power, as justly and as clearly as the ocean and the Gulf of Mexico. It is a mistake to regard expenditures judiciously made for these objects as expenditures for local purposes. The position or site of the work is necessarily local; but its utility is general. A ship canal around the falls of St. Mary of less than a mile in length, though local in its construction, would yet be national in its purpose and its benefits, as it

would remove the only obstruction to a navigation of more than a thousand miles, affecting several States, as well as our commercial relations with Canada. So, too, the breakwater at the mouth of the Delaware is erected, not for the exclusive benefit of the States bordering on the bay and river of that name, but for that of the whole coastwise navigation of the United States, and, to a considerable extent, also of foreign commerce. If a ship be lost on the bar at the entrance of a southern port for want of sufficient depth of water, it is very likely to be a northern ship; and if a steamboat be sunk in any part of the Mississippi, on account of its channel not having been properly cleared of obstructions, it may be a boat belonging to either of eight or ten States. I may add, as somewhat remarkable, that among all the thirty-one States there is none that is not, to a greater or less extent, bounded on the ocean or the Gulf of Mexico, or one of the great lakes, or some navigable river.

In fulfilling our constitutional duties, fellow-citizens, on this subject, as in carrying into effect all other powers conferred by the constitution, we should consider ourselves as deliberating and acting for one and the same country, and bear constantly in mind that our regard and our duty are due, not to a particular part only, but to the whole.

I therefore recommend that appropriations be made for completing such works as have been already begun, and for commencing such others as may seem to the wisdom of Congress to be of public and general importance.

The difficulties and delays incident to the settlement of private claims by Congress, amount in many cases to a denial of justice. There is reason to apprehend that many unfortunate creditors of the government have thereby been unavoidably ruined. Congress has so much business of a public character, that it is impossible it should give much attention to mere private claims; and their accumulation is now so great, that many claimants must despair of ever being able to obtain a hearing. It may well be doubted whether Congress, from the nature of its organization, is properly constituted to decide upon such cases. It is impossible that each member should examine the merits of every claim on which he is compelled to vote; and it is preposterous to ask a judge to decide a case which he has never heard.

Such

decisions may, and frequently must, do injustice either to the claimant or the government, and I perceive no better remedy for this growing evil than the establishment of some tribunal to adjudicate upon such claims. I beg leave, therefore, most respectfully, to recommend that provision be made by law for the appointment of a commission to settle all private claims against the United States; and, as an ex parte hearing must in all contested cases be very unsatisfactory, I also recommend the appointment of a solicitor, whose duty it shall be to represent the government before such commission, and protect it against all illegal, fraudulent, or unjust claims, which may be presented for their adjudication.

This District, which has neither voice nor vote in your deliberations, looks to you for protection and aid, and I commend all its wants to your favorable consideration, with a full confidence that you will meet them not only with justice, but with liberality. It should be borne in mind that in this city, laid out by Washington and consecrated by his name, is located the Capitol of our nation, the emblem of our Union and the symbol of our greatness. Here, also, are situated all the public buildings necessary for the use of the government, and all these are exempt from taxation. It should be the pride of Americans to render this place attractive to the people of the whole republic, and convenient and safe for the transaction of the public business and the preservation of the public records. The government should, therefore, bear a liberal proportion of the burdens of all necessary and useful improvements. And, as nothing could contribute more to the health, comfort, and safety of the city, and the security of the public buildings and records, than an abundant supply of pure water, I respectfully recommend that you make such provisions for obtaining the same as in your wisdom you may deem proper.

The act passed at your last session, making certain propositions to Texas for settling the disputed boundary between that State and the Territory of New Mexico, was, immediately on its passage, transmitted by express to the governor of Texas, to be laid by him before the General Assembly for its agreement thereto. Its receipt was duly acknowledged, but no official information has yet been received of the action of the General Assembly thereon; it may, however, be

very soon expected, as, by the terms of the propositions submitted, they were to have been acted upon on or before the first day of the present month.

It was hardly to have been expected that the series of measures passed at your last session, with the view of healing the sectional differences which had sprang from the slavery and territorial questions, should at once have realized their beneficent purpose. All mutual concession in the nature of a compromise must necessarily be unwelcome to men of extreme opinions. And though without such concessions our constitution could not have been formed, and cannot be permanently sustained, yet we have seen them made the subject of bitter controversy in both sections of the republic. It required many months of discussion and deliberation to secure the concurrence of a majority of Congress in their favor. It would be strange if they had been received with immediate approbation by people and States prejudiced and heated by the exciting controversies of their representatives. I believe those measures to have been required by the circumstances and condition of the country. I believe they were necessary to allay asperities and animosities that were rapidly alienating one section of the country from another, and destroying those fraternal sentiments which are the strongest supports of the constitution. They were adopted in the spirit of conciliation, and for the purpose of conciliation. I believe that a great majority of our fellow-citizens sympathize in that spirit and that purpose, and in the main approve, and are prepared in all respects to sustain, these enactments. I cannot doubt that the Amer ican people, bound together by kindred blood and common traditions, still cherish a paramount regard for the Union of their fathers; and that they are ready to rebuke any attempt to violate its integrity, to disturb the compromises on which it is based, or to resist the laws which have been enacted under its authority.

The series of measures to which I have alluded are regarded by me as a settlement, in principle and substancea final settlement-of the dangerous and exciting subjects which they embraced. Most of these subjects, indeed, are beyond your reach, as the legislation which disposed of them was, in its character, final and irrevocable. It may be pre

sumed, from the opposition which they all encounter, that none of those measures was free from imperfections, but in their mutual dependence and connection they formed a system of compromise, the most conciliatory, and best for the entire country, that could be obtained from conflicting sectional interests and opinions.

For this reason I recommend your adherence to the adjustment established by those measures, until time and experience shall demonstrate the necessity of further legislation to guard against evasion or abuse.

By that adjustment we have been rescued from the wide and boundless agitation that surrounded us, and have a firm, distinct, and legal ground to rest upon. And the occasion, I trust, will justify me in exhorting my countrymen to rally upon and maintain that ground, as the best, if not the only means of restoring peace and quiet to the country, and maintaining inviolate the integrity of the Union.

And now, fellow-citizens, I cannot bring this communication to a close without invoking you to join me in humble and devout thanks to the Great Ruler of nations for the multiplied blessings which he has graciously bestowed upon us. His hand, so often visible in our preservation, has stayed the pestilence, saved us from foreign wars and domestic disturbances, and scattered plenty throughout the land.

Our liberties, religious and civil, have been maintained, the fountains of knowledge have all been kept open, and means of happiness widely spread and generally enjoyed, greater than have fallen to the lot of any other nation. And, while deeply penetrated with gratitude for the past, let us hope that his all-wise Providence will so guide our counsels as that they shall result in giving satisfaction to our constituents, securing the peace of the country, and adding new strength to the united government under which we live.

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