SPECIAL MESSAGES.
DECEMBER 6, 1816.
To the Senate and House of Representatives of the United States:
The ninth section of the act passed at the last session of Congress "to authorize the payment for property lost, captured, or destroyed by the enemy while in the military service of the United States, and for other purposes," having received a construction giving to it a scope of great and uncertain extent, I thought it proper that proceedings relative to claims under that part of the act should be suspended until Congress should have an opportunity of defining more precisely the cases contemplated by them. With that view I now recommend the subject to their consideration. They will have an opportunity at the same time of considering how far other provisions of the act may be rendered more clear and precise in their import.
JAMES MADISON.
DECEMBER 10, 1816.
To the Senate of the United States:
I lay before the Senate, for their consideration and advice as to a ratification, treaties concluded with the several Indian tribes according to the following statement:
A LIST OF INDIAN TRIBES WITH WHOM TREATIES HAVE BEEN MADE SINCE THE LAST SESSION OF CONGRESS.
Weas and Kickapoos tribes of Indians.—Treaty concluded at Fort Harrison between Benjamin Parke and the chiefs and headmen of those tribes the 4th June, 1816.
Ottawas, Chippewas, and Pottowotomees.—Treaty concluded at St. Louis between Governors Clarke, Edwards, and Colonel Choteau and the chiefs and headmen of those tribes on the 24th August, 1816.
Winnebago tribes.—Made by the same persons on part United States and the headmen of this tribe at St. Louis 3d June, 1816.
Sacks of Rock River.—Made by same at St. Louis 13th May, 1816.
Siouxs composing three tribes, the Siouxs of the Leaf, the Siouxs of the Broad Leaf, and the Siouxs who Shoot on the Pine-tops.—Made and concluded by the same at St. Louis 1st June, 1816.
Chickasaw tribe.—Treaty made by General Jackson, David Merrewether, esq., and Jesse Franklin, esq., and the headmen of that nation at Chickasaw council house 20th September, 1816.
Cherokee tribe.—Treaty made by General Jackson, David Merrewether, esq., and Jesse Franklin, esq., and the headmen of that nation at Turkey Town on the 4th October, 1816.
Choctaw tribe.—Treaty made by General John Coffee, John Rhea, and John McKee, esquires, and the headmen and warriors of that nation at the Choctaw trading house on the 24th of October, 1816.
JAMES MADISON.
DECEMBER 13, 1816.
To the Senate of the United States:
A treaty of commerce between the United States and the King of Sweden and Norway having been concluded and signed on the 4th day of September last by their plenipotentiaries, I lay the same before the Senate for their consideration and advice as to a ratification.
JAMES MADISON.
DECEMBER 21, 1816.
To the House of Representatives of the United States:
In compliance with the resolution of the House of Representatives of the 6th instant, I transmit to them the proceedings of the commissioner appointed under the act "to authorize the payment for property lost, captured, or destroyed by the enemy while in the military service of the United States, and for other purposes," as reported by the commissioner to the Department of War.
JAMES MADISON.
DECEMBER 26, 1816.
To the Senate and House of Representatives of the United States:
It is found that the existing laws have not the efficacy necessary to prevent violations of the obligations of the United States as a nation at peace toward belligerent parties and other unlawful acts on the high seas by armed vessels equipped within the waters of the United States.
With a view to maintain more effectually the respect due to the laws, to the character, and to the neutral and pacific relations of the United States, I recommend to the consideration of Congress the expediency of such further legislative provisions as may be requisite for detaining vessels actually equipped, or in a course of equipment, with a warlike force within the jurisdiction of the United States, or, as the case may be, for obtaining from the owners or commanders of such vessels adequate securities against the abuse of their armaments, with the exceptions in such provisions proper for the cases of merchant vessels furnished with the defensive armaments usual on distant and dangerous expeditions, and of a private commerce in military stores permitted by our laws, and which the law of nations does not require the United States to prohibit.
JAMES MADISON.
JANUARY 25, 1817.
To the Senate and House of Representatives of the United States:
I lay before Congress copies of ratified treaties between the United States and the following Indian tribes:
First. The Wea and Kickapoo.
Second. The united tribes of Ottawas, Chippawas, and Potowotomies residing on the Illinois and Melwakee rivers and their waters and on the southwestern parts of Lake Michigan.
Third. That portion of the Winnebago tribe or nation residing on the Ouisconsin River,
Fourth. The Sacs of Rock River and the adjacent country.
Fifth. Eight bands of the Siouxs, composing the three tribes called the Siouxs of the Leaf, the Siouxs of the Broad Leaf, and the Siouxs who Shoot in the Pine Tops.
Sixth. The Chickasaw tribe of Indians.
Seventh. The Cherokee tribe of Indians.
Eighth. The Chactaw tribe of Indians.
Congress will take into consideration how far legislative provisions may be necessary for carrying into effect stipulations contained in the said treaties,
JAMES MADISON.
JANUARY 31, 1817.
To the Senate and House of Representatives of the United States:
The envoy extraordinary and minister plenipotentiary of His Most Christian Majesty having renewed, under special instructions from his Government, the claim of the representative of Baron de Beaumarchais for 1,000,000 livres, which were debited to him in the settlement of his accounts with the United States, I lay before Congress copies of the memoir on that subject addressed by the said envoy to the Secretary of State.
Considering that the sum of which the million of livres in question made a part was a gratuitous grant from the French Government to the United States, and the declaration of that Government that that part of the grant was put into the hands of M. de Beaumarchais as its agent, not as the agent of the United States, and was duly accounted for by him to the French Government; considering also the concurring opinions of two Attorneys-General of the United States that the said debit was not legally sustainable in behalf of the United States, I recommend the case to the favorable attention of the Legislature, whose authority alone can finally decide on it.
JAMES MADISON.
FEBRUARY 3, 1817.
To the Senate and House of Representatives of the United States:
The Government of Great Britain, induced by the posture of the relations with the United States which succeeded the conclusion of the recent commercial convention, issued an order on the 17th day of August, 1815, discontinuing the discriminating duties payable in British ports on American vessels and their cargoes. It was not until the 22d of December following that a corresponding discontinuance of discriminating duties on British vessels and their cargoes in American ports took effect under the authority vested in the Executive by the act of March, 1816. During the period between those two dates there was consequently a failure of reciprocity or equality in the existing regulations of the two countries. I recommend to the consideration of Congress the expediency of paying to the British Government the amount of the duties remitted during the period in question to citizens of the United States, subject to a deduction of the amount of whatever discriminating duties may have commenced in British ports after the signature of that convention and been collected previous to the 17th of August, 1815.
JAMES MADISON.
FEBRUARY 6, 1817.
To the Senate and House of Representatives of the United States:
On comparing the fourth section of the act of Congress passed March 31, 1814, providing for the indemnification of certain claimants of public lands in the Mississippi Territory, with the article of agreement and cession between the United States and State of Georgia, bearing date April 30, 1802, it appears that the engagements entered into with the claimants interfere with the rights and interests secured to that State. I recommend to Congress that provision be made by law for payments to the State of Georgia equal to the amount of Mississippi stock which shall be paid into the Treasury until the stipulated sum of $1,250,000 shall be completed.
JAMES MADISON.