constitutional compacts cannot be obtained from communities like ours, it need not be anticipated elsewhere; and the cause in which there has been so much martyrdom, and from which so much was expected by the friends of liberty, may be abandoned : and the degrading truth, that man is unfit for self-government, admitted. And this will be the case, if expediency be made a rule of construction in interpreting the Constitution. Power, in no government, could desire a better shield for the insidious advances which it is ever ready to make upon the checks that are designed to restrain its action. tory, that the practice obtained its first footing. In most, if not all other disputed questions of appropriation, the construction of the Constitution may be regarded as unsettled, if the right to apply money, in the enumerated cases, is placed on the ground of usage. This subject has been one of much, and I may add painful reflection to me. It has bearings that are well calculated to exert a powerful influence upon our hitherto prosperous system of government, and which on some accounts, may even excite despondency in the breast of an American citizen. I will not detain you with professions of zeal in the cause of Internal Improvements. But I do not entertain such If to be their friend is a virtue, gloomy apprehensions. If it be which deserves commendation, the wish of the people that the our country is blessed with an construction of roads and canals abundance of it: for I do not should be conducted by the Fedsuppose there is an intelligent citi- eral Government, it is not only zen who does not wish to see highly expedient,but indispensably them flourish. But though all are necessary, that a previous amendtheir friends, but few, I trust, are ment of the Constitution, delegatunmindful of the means by which ing the necessary power, and dethey should be promoted: none fining and restricting its exercise certainly are so degenerate as to with reference to the sovereignty desire their success at the cost of of the States, should be made. that sacred instrument, with the Without it, nothing extensively preservation of which is indissolu- useful can be effected. bly bound our country's hopes. right to exercise as much jurisdicIf different impressions are enter- tion as is necessary to preserve tained in any quarter; if it is ex- the works, and to raise funds by pected that the people of this the collection of tolls to keep country, reckless of their constitu- them in repair cannot be dispensed tional obligations, will prefer their with. The Cumberland road local interest to the principles of should be an instructive admonithe Union, such expectations will tion of the consequences of acting in the end be disappointed; or, if without this right. Year after it be not so, then indeed has the year, contests are witnessed, growworld but little to hope from the ing out of efforts to obtain the example of free government. necessary appropriations for comWhen an honest observance of pleting and repairing this useful The work. While one Congress may claim and exercise the power, a succeeding one may deny it, and this fluctuation of opinion must be unavoidably fatal to any scheme, which, from its extent, would promote the interests and elevate the character of the country. The experience of the past has shown that the opinion of Congress is subject to such fluctuations. for the exercise of power by the constituted authorities, while those, for whose benefit it is to be exercised, have not conferred it, and may not be willing to confer it. It would seem to me that an honest application of the conceded powers of the General Government to the advancement of the common weal, presents a sufficient scope to satisfy a reasonable ambition. The difficulty and supposed impracticability of obtaining an amendment of the Constitution in this respect, is, I firmly believe, in a great degree, unfounded. The time has never yet been, when the patriotism and intelligence of the American people were not fully equal to the greatest exigency, and it never will, when the subject calling forth their interposition is plainly presented to them. To do so with the questions involved in this bill, and to urge them to an early, zealous, and full consideration of their deep importance, is in my estimation, among the highest of our duties. If it be the desire of the people that the agency of the Federal Government should be confined to the appropriation of money, in aid of such undertakings, in virtue of State authorities, then the occasion, the manner, and the extent of the appropriations, should be made the subject of constitutional regulation. This is the inore necessary, in order that they may be equitable among the several States; promote harmony between different sections of the Union and their Representatives; preserve other parts of the Constitution from being undermined by the exercise of doubtful powers, or the too great extension of those A supposed connexion between which are not so ; and protect the appropriations for internal imwhole subject against the delete- provement and the system of prorious influence of combinations to tecting duties, growing out of the carry by concert, measures which, anxieties of those more immediconsidered by themselves, might ately interested in their success, meet but little countenance. has given rise to suggestions which That a constitutional adjustment it is proper I should notice on this of this power, upon equitable prin- occasion. My opinions on these ciples, is, in the highest degree, de- subjects have never been concealsirable can scarcely be doubted; ed from those who had a right to nor can it fail to be promoted by know them. Those which I have every sincere friend to the success entertained on the latter have freof our political institutions. In no quently placed me in opposition Government are appeals to the to individuals as well as communisource of power, in cases of real ties, whose claims upon my frienddoubt more suitable than in ours. ship and gratitude are of the No good motive can be assigned strongest character; but I trust there has been nothing in my public life which has exposed me to the suspicion of being thought capable of sacrificing my views of duty to private considerations, however strong they may have been, or deep the regrets which they are capable of exciting. As long as the encouragement of domestic manufactures is directed to national ends, it shall receive from me a temperate but steady support. There is no necessary connexion between it and the system of appropriations. On the contrary, it appears to me that the supposition of their dependence upon each other is calculated to excite the prejudices of the public against both. The former is sustained on the grounds of its consistency with the letter and spirit of the Constitution, of its origin being traced to the assent of all the parties to the original compact, and of its having the support and approbation of a majority of the people; on which account, it is at least entitled to a fair experiment. The suggestions to which I have alluded refer to a forced continuance of the national debt, by means of large appropriations, as a substitute for the security which the system derives from the principles on which it has hitherto been sustained. Such a course would certainly indicate either an unreasonable distrust of the people, or a consciousness that the system does not possess sufficient soundness for its support, if left to their voluntary choice and its own merits. Those who suppose that any policy thus founded can be long upheld in this country, have looked upon its history with eyes very different from mine. This policy, like every other, must abide the will of the people, who will not be likely to allow any device, however specious, to conceal its character and tendency. In presenting these opinions I have spoken with the freedom and candor which I thought the oceasion for their expression called for, and now respectfully return the bill which has been under consideration, for your further deliberation and judgment. May 27, 1830. ANDREW JACKSON, A Treaty of Peace, Friendship, Commerce, and Navigation, between the United States of America, and His Majesty the Emperor of Brazil. In the name of the Most Holy and Indi- resolved to fix, in a manner clear, visible Trinity. distinct, and positive, the rules which shall in future be religiously observed between the one and the other, by means of a Treaty, or General Convention of Peace, Friendship, Commerce, and Navi The United States of America and His Majesty the Emperor of Brazil, desiring to establish a firm and permanent peace and friendship between both nations, have gation. For this most desirable object, the President of the United States has conferred full power on William Tudor their Chargé d'Affaires at the Court of Brazil; and His Majesty the Emperor of Brazil on the Most Illustrious and Most Excellent Marquez of Aracaty, a member of his Council, Gentleman of the Imperial Bed-chamber, Councillor of the Treasury, Grand Cross of the Order of Aviz, Senator of the Empire, Minister and Secretary of State for Foreign Affairs, and Miguel de Souza Mello e Alvim, a member of his Council, Commander of the Order of Aviz, Knight of the Imperial Order of the Cross, Chief of Division in the Imperial National Navy, Minister and Secretary of State for the Marine, who after having exchanged their said full powers, in due and proper form, have agreed to the following articles: ARTICLE 1. There shall be a perfect, firm and inviolable peace and friendship between the United States of America and their citizens, and His Imperial Majesty, his successors and subjects, throughout their possessions and territories respectively, without distinction of persons or places. ART. 2. The United States of America, and His Majesty the Emperor of Brazil, desiring to live in peace and harmony with all the other nations of the earth, by means of a policy frank and equally friendly with all, engage mutually, not to grant any particular favor to other nations in respect of commerce and navigation, which shall not immediately become common to the other party, who shall enjoy the same freely, if the concession was freely made, or on allowing the same compensation, if the concession was conditional. It is understood, however, that the relations and conventions which now exist or may hereafter exist between Brazil and Portugal, shall form an exception to this article. ART. 3. The two high contracting parties being likewise desirous of placing the commerce and navigation of their respective countries, on the liberal basis of perfect equality and reciprocity, mutually agree, that the citizens and subjects of each may frequent all the coasts and countries of the other, and reside and trade there in all kinds of produce, manufactures and merchandise: and they shall enjoy all the rights, privileges and exemptions, in navigation and commerce, which native citizens or subjects do, or shall enjoy, submitting themselves to the laws, decrees, and usages, there established, to which native citizens or subjects are subjected. But it is understood that this article does not include the coasting trade of either country, the regulation of which is reserved by the parties respectively, according to their own separate laws. ART. 4. They likewise agree that whatever kind of produce, manufactures, or merchandise, of any foreign country, can be from time to time, lawfully imported into the United States, in their own vessels, may be also imported in vessels of Brazil: and that no higher or other duties upon the tonnage of the vessel and her cargo, shall be levied and collected, whether the importation be made in the vessels of the one country or the other. And in like manner, that whatever kind of produce, manufactures, or merchandise of any foreign country, can be from time to time, lawfully imported into the Empire of Brazil, in its own vessels, may be also imported in vessels of the United States: and that no higher or other duties upon the tonnage of the vessel and her cargo, shall be levied or collected whether the importation be made in vessels of the one country, or of the other. And they agree that whatever may be lawfully exported, or re-exported from the one country in its own vessels, to any foreign country, may in like manner, be exported or re-exported in the vessels of the other country. And the same bounties, duties, and drawbacks, shall be allowed and collected, whether such exportation, or reexportation, be made in vessels of the United States, or of the Empire of Brazil. The government of the United States however considering the present state of the navigation of Brazil, agrees that a vessel shall be considered as Brazilian when the proprietor and captain are subjects of Brazil and the papers are in legal form. ART. 5. No higher or other duties shall be imposed on the importation into the United States, of any articles the produce or manufactures of the Empire of Brazil, and no higher or other duties shall be imposed on the importation into the Empire of Brazil, of any articles the produce or manufactures of the United States, than are or shall be payable on the like articles, being the produce or manufactures of any other foreign country nor shall any higher or other duties, or charges be imposed in either of the two countries, on the exportation of any articles to the United States, or to the Empire of Brazil respectively, than such as are payable on the exportation of the like article to any other foreign country: nor shall any prohibition be imposed on the exportation or importation of any articles, the produce or manufactures of the United States, or of the Empire of Brazil, to or from the territories of the United States, or to or from the territories of the Empire of Brazil, which shall not equally extend to all other nations. ART. 6. It is likewise agreed, that it shall be wholly free for all merchants, commanders of ships, and other citizens or subjects of both countries, to manage themselves their own business, in all the ports and places subject to the jurisdiction of each other, as well with respect to the consignment and sale of their goods and merchandise by wholesale or retail, as with respect to the loading, unloading and sending off their ships; they being in all these cases to be treated as citizens or subjects of the country in which they reside, or at least to be placed on a footing with the subjects or citizens of the most favored nation. ART. 7. The citizens and subjects of neither of the contracting parties shall be liable to any embargo, nor be detained with their vessels, cargoes, or merchandise or effects, for any military expedition, nor for any public or private |