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Message: To The Senate And House Of Representatives Of The U...

Message: To The Senate And House Of Representatives Of The U... image Message: To The Senate And House Of Representatives Of The U... image
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In coming togethcr, feltbiv citizens, to enteragain upon the discharge of the duties with which the People have churged U8 severally, we fiad great occasion to rejoice in the general prosperity of the country. We are in ihc eojöy'méitt of aü the blessings of civil and reügious iiberty,witb unexamplcd tneans of edacation, knowl edge andimprovement. Through the ycar which Í3 now drawing to á close, poace has been in our borders, nnd plenty ia pur habitations; and alihough disease lias visi. ted some few portions of the land with distress and morlaliiy, yet in general, the hcallh of the People has beea preservad, and we are called upon, by the highest obligation of duty, to rencw our thanks and our devotion to our Ileaveniy Parent, who has continued to vouchsafe :o U3 the eminent blessings which Burround us. and who has so signally crowned the ycar with his goodness. lfwefind oursclves inercasing beyond example in numbers; in wealth, in knowledge, in every thing which promotes human and social happinesa, let us ever rememher uur dependence, for all these, on the protection nnd merciful dispensation of Divino Providenco. THE Jl'iBOD CASH. Since your last adjournméni, Aloxander McLeod, a British subject, who was indicted for the murder of un American cilizen, and whose case has been the subject of a correspondence horoíofore eommunicated lo yon, has been acquiued by the verdict of an impartial and intelligent jury, and has, under the judgemeut of the court been regularly üscharged. Great Britian having made known to this Governtnenf, that tho êxpedition which was fitled out from Canada for the destniction of tho stëatiiboafCaruline, in the winter of 1S37, and which resulted in the destruclion of said boat, and in the Peath of an American citizon. was uudet1taken by orders emanaling frorn the authorites of the Bruisfa Guvcrntneut in Canada and deinanding the discharge of Mc Leod upon tiie ground thaí. íf rnguged in that expcdiüun, he did liüt fujfil the order of his governtnentjhas ihus.bccn answercd jn the only wuy wíiicii coúld be auswered by a gbveara.ent, the puwers of which are distnbuted arnong its several depart monta by the fundaineutal hiw. Hnppily for the people of Great Britoin, ns wcll as thoseof the United States, tho only mode by which an individua!, urruigirtsd for a criminal offence, beforc the Gou r Ie of either, can oblain lïia discharge, is by the indepenient aetiön of tiie judiciary, and by pruceedkigs cqualiy familiar to tho Cuurts ol bo'h cóüQtries. If in Great Britain a power exis's in the Crown to cause ""to be entèröd a nolle prosequi, which is not the case with the Fxecuiive power of the United Sfaresiipon n prosecution pending in n Siate Oourij yet there, no more than ht-re, can the chief Esecutive power rescue a prisoner from cuá Without an order of the proper tribunal directing his discharge. The precise stage of the prooeediugs at which such order may be made, is n matter of municipal regulation exclusively, and nol to be compiained of by any othcr government. In c;iscs of this kind, a government becomes polilically re.sponsibleonly. When its tribuiuls'of last rosort are shown to have rendered unjust and njurious judgements in matters not doubüul. To the establishment and elucidation of this principie, nonitton has leut its authority more efficieutly than Great Britain. Alexander McL-jod haviug his option either ,to prosecutea writ of error from tho decisof the Suprcme Court of N. Y., which had tbsep. .endered upon his upplication for a[discharge, to the Supremo Court of the ! United. States, or lo subrnit lus case to Uic ; decisión of a jury, preferred the latter, , deeming it the'readiest mode of obtainina IS liberation; and ihe rèsult fiilly sustained thü wisdom of hia ciioice. The manner in which ihe issue submitied was tried will satisfy the English Government ihat the principies ófjustice will never fa il to v;'rn tiiu enlighteiied decisión of an Airtericiih tribuna!. í c.nn-.; i a i I , howcver, to suirgcst to Congrcss ilic preprioty, ándin sóine degree, the neccfsity,nf makiog such provisI iüns by law, sö Car as they can constiiu: tionally do sa, for tho removal at thcir öóiïimenpcroênfj and at the opiiün of the party, of all sucli cases as rnay hereáfícr ariso, and wBi:h may itivolve iho iaiihful obseryaiice and exëcutioii oi'our international obligatton, frorn the State to the Federal Judiciarjr. This Govcrnment.hy our iusti:utioiis b charged viih ihe mainfëöiinCG of pcace and the preservation of amicab'o relations wiih the nations of the i earlh, and ouglit to possess, without qjcí tion, all theroasor.ablc and proper nieans of mainlaining the one and preserving the oiher. VVhilstjuat confidèncë is feit in the Jutliciary of the Öia'et?, y'et ihis Government ongiit to bc competent in itself for Ihe fulfilmcnt of ihe high duiies which ! have been devolved upóri il, undertho organic luw, by the States ihcinselves.CU 'G.VN o AKREST. ■ I the montli of September, a party of armed men frorn Upper Ca nada, inyaded llie tcritory of the United Otates, and forctbly seizüd upon the persou oi'one Crogan, and undcr cjrcutiistances of great iiarthness, hurriedly canicd him beyond (lie licniis oí' the United States, and dclivered him up to tho authorities of Upper Canada, if is immcdiale discharge wus ordcred by itioso authorities, upon llie fací of the case beingbrought to their knowlcdge - a conrso of procedure which was to have been expected frorn a nation with whom wc are at peacc, ar.d whicli was nul more due to llic rightsof tbc Uniicd States than to its üwn regard fyr juslice. The eorrespondenee which passed between the Department of State, and the British Envoy, Mr. Fox, and with thé Governojr of Vermunt, as soon as tiie fiet3 had l:een mude knówn to Ibis Depurtment,arc hercwith communicatcd. DEóTKUCTIüN OF THE CAROLINE. I regrel that it is not in my power to raake known to you an equaljy saiisfactory conclusión in the case of the Caroline steamer, with ihe circumstances connecled with the dêslruction of which, in December 1S37, l.y nn nrmed force fitted out in the Proviucoof Upper Canada, yon are already made aeqüauUed. No such atonement as was due for the public wrong dono to tho United States by this invasión of lier U:rntory,sovho!ly irreconcilable wuh her rights asan independent power has yel been made. ín the view taken by ibis Government, the inquiry whclher the vesscl was in the employment ot' those who were próseculin un uñáuthorízcd war against thnt Provnce, or was edgaged ly theowner in the business of trai).-puriiny passengers lo and from Niiyy Laiiind in hopes of private gain, which was most proba'nly the case, in no , degree ahers the real question nt issue between the two CJovernments. ïHia GovcrnmcDl can never concede to any j foreign Government tbc power, except in ; a case 6f the most urgent and extreme necesiiy, of inv;idng its tevritory, eilher to arrest the erons or destroyiijg properiy j of those who may havo violated the nieipal l;ws of such foieign goyerriinèrif, i or liave disrega'rded their obligations ari , sing under the law of nations. The riloryof ihe United States must be regar-; óc as sacredly aecare againstall such vasions, until they sháll voluntariiy . knowledgo tlieir inábijity lo acquit èelvel of iheit' ilutics to others. And i:i announcifig lliis sentiment, I do bat aílírm i a principie which norialionon eaith woiild [ be more readv to vindícate at all hazards, ihan the u'eöple and guvernment of Grcat Britain. íf, upon a ful! invesligation of a!l the factf, it shiill apjèar thai the owner of the ; Caroline was governed by u hostile in-; tent, or h;td made cotrimon cause with j thoso who were in the occupancy of Navy i Island, tlieu, solar as he is concerned, therocau jo rio claim to indemnity for the j dcstruciion of his bo;it, which this government wouM fcel itself bound to prusocute - siticü he would have actcd not only in ; derogati'Jii of the rigliïs of Greal Uritain, ; but in cicar violation of the luws of the j United States; but that is a question which, ho.vever settled, in no mahner involves the high consiucration of the ' lation of territorial snvcrcignty and j diction. To recognize it as an admissable practico that each government, in ils turn, upon any suddèn and uñauthqrized outbreak, which on a íroniieir, liic extent j of which tenders it impossible for either lo have an eilidenl force on cvery milc of it, and which oulbreuk, itiè.refore, neither ! may be able to supnress in a dayf riiáy take vengeance iulo us own hands, aad }whhouttevcn a rcmons'raÉ&e, and in the absence of any pressing orovcrruling nccc?ssity,may invado ihe lerritory of ihe oth er, would incvitably lcad to rcsultscqually to be dcplüi-ed by boih. When border coüisionscome to reccive the èanclion or to be made upon the authority of cither government, general war must be the inevitable rcsult. While it is the ardetit dcsireofthc United States to cultívate the relations of pcacc with all nations, and to iuiiil all the duties of good neighborhond towárds thofc who possess territorios idjoüüng their Own, that vcry desiro wqulü l'ead Uiem to deny the riglü of uny furcign ; power to invade their botmdary with an jurmed The corrcspondcnce herween the two governments on this subject, wilJj at a fu:urc d.jy of your session, :)o submitiod to your consideration; ind n ;ihe mean time, Í cannot hut indulge the hope that thcsBritish Government wil] sce llic proprieiylf renoimcing as a rule of future uction, the precedent which has been sel m the afluir at SehloFscr. SE1ZUHK CV AMERICAN VügïELS. I herewiih submit the correspohdenco which has recenlly taken p!acc between the American Minister at the Court of St. James. Mr. Stevenson and the minister .of Foreign aO'urs of that Guvcrnment on the right claimed by that Guvcrnmcnt to visit atJdetain vesselsundcr ihe American ilag and engaged in lawful cornmerce in the African seas. Our commercial interests in that región have eiperienceel considerable nercase, and have becoine an object of muchÉ jmportancc, und '. is tho duly of lhÍ3 Government to protect tiicniagaiiist uil inipropemnd vcxatious inleírffp.tibb. ïlpwévèr desirous the United States may be for tlie sünprcsion of ihe siave trade ihey carino t consent to ntürpolntions iruo the rnaritine code, at the mere will and pleasure of othcr governments. Wc deny the right of any rfuch interpolation to any one, or all the nations of tho earüi, without our consent. We claim to havo a voice in ali amendments or alteralions of that code - and vvhen wc are givcn to understand, ns in ihisinstance, by a Forcign Guvernmont, that its treaiies with other nations cannoi be cxecuted without the establishment and enforcernent of new principies of nraritinc poüco, tobo applied wiilioutour consent, wc must cmploy a language neither of equivocal import, or susceptible of misconstruction. American ciiizens proseculin'g u lawful commerce in the African seas, under the flag of their country, are iioi responsible for tho abuse or unlawful üse of thut flag by oihcrsj nor can tiiey righlfully, on account of any nllcdgcd aabuses, he interrupted, molested, or detaincd while on tho occanjaud ifthus mnlested or detaincd, while pursuing honest vovages, in ihe usual wny, and violating uo luw themsclves, thcy are unquestionably entitled to indemnily. This Government has manifested i's repugnance to the slave Iradc. in a manner which cannot bc misundersiood. By its. fundamental law, it prescribed lirnits in point of time to its con'inuanee; and against its own citizens, who niiglit so far forget the rights of humanity as to engage in that wicked trailic. it was long siuce by its municipal laws, denounced wiih erndign puntshment. Many of the States constituting this Union, had made appenlfl to the civilized world for its suppression, long bcforc the moral senec of other nations had become shocked ii'y the iriiquuies of tho traffic. Whether this Government should now enter into treaties containing nnttuul stipulaiions upon thisj subject, is u question for its mature deliboraiiou. Certaiu it is, that ïf the rigbt to detain American ship.i on the high seas can bcjustiíied on the pica of a nccessity of such detention, ansing out of the existenceof treavics between othcr nations, the same pica may be extended j i ml enlarged by the new slipulutions oi" new treatics, to which the United Siates muy not be a party. This Government will not cease to' urge upon ibat of Great Brilain, full and anijiln remuneratioh for uil losses whelher arisit7gfrum detention or olherwisc, to which Americun ciiizens have herctoibre been, or may hereafier be suljccled, by the cxercise of righis whicli Uña Government curinöt recognize aslegitimate and proper. Nor will I indulge a doubt but that a sense ol'juslice of Great Britian will constrain her to makc retributiun for any wrong, or loss, which any American cilizen, engngcd in ihè prosecutioü of hiwi'ul commerce, may have experienced at the hands uf her cruisérs, or other public authorities. This Governmt;i)t, at ihe same lime, will relax no fort to prevent ils cUizens if there bu any so disposed, from prosecuting a trallic so revohmg to tho fuelings of humanity. It seeks to do no more ihau to protect ihe fair iuid honest trader, from molestation and itijury; bul while the enterprising mariner, engaged in the pursuit of an honorable trade, is entitled to lts prulccüon. it will visit with condign punishment others oppösito character. SLAVE THADE. I invito your atlention to existing lawsj for the supprcssion of the Elavo (rado, and recommend all such nherations as mny ! give thcm greatcr force & efKcacy. 'J'liat ( the American flng is grossly ábusied by j the abandoned and proiliatcof otiicr ru tions, s but too probable. Cöngwra lias, t not long since, had Ihis subject under its consideraron, and ts impurtanee vvell jus tifies renewed and anxious altentton. RICEDUTIES. Ialsoconimutiicatc herewith tho copy : of a correspondence between Mr. Ste venson and Lord Palmerton, upon the subject so intcresting to severa! of lbo Sóutherri States, of the rice duties, which rcsulted honorably to the j.jstice of Great Britsin, and advantugcouslv to ibe United States, NORTII EASTERjyUOUKDAEY. j At the opening of ihc last annual eession, i the President informeel Congrcss of the proj ress which had (hen been made in iiegoI t.iatjng a cpnyentiou bciween tliis Governmentand. that of Englaiul, with a view io the iinal settlemem of the quesiion of the boundary between the territorial limita of the two countries. I regret to say ihut iit tic furlher advanecment of lbo ol ject has ■ been accompüshed since last yearblit this is j owing to cireumstances no way indicativo : of any abatement of the des:rc of botli parties to basten the negoiiation to its conclusión, and to settle ihe qtiestion in dispute, as carly ns possible. In the course of ihe session it is my hope to be able to announce somc furlher dogrec of progress lowards the accomplishmcnt of this highly desirablo ! end. The commission appointed by this Govcrr.mcnl fur the exploralion and sürvey of thejmc of boundary separating Ihc States of Maino and New Hampshiro from tho contcrmiüous British Provm'ces' is, it is believed, abput to close (o ficlil labore, und is expected soon to report the rcsulls of its e.xamitialions to the Department of State. The report, when received, will bc laid before Congres?. FOKEIGN AFFAIRS, The faüure on the part of Spain lo pay, with puncluality, the interest due under tho Convention oí' 1834, for the setilemcnt of claims between the two countries has made it the duiy of the Executive to cali the particular altention of that Government lo the subject. A disposiüon has been manifestèd by it, which ia believed io l)e cnlirely sincere, lo fulíil its obligatious in this respect, so soon as its internnl j condiiion and ihe state of its iinanccs will permit. An arrangement is in progress, from the result of which it is trusted that those of our cilizens who have claims under ihe Convention, wil! at no distantday, receive the stipulated payment. A Trcaty pf Commerce and Navigation with Belgiurn was conclqdcd and signed at Washington on the 20ih March, 1S40, and was duly eanctioned by the Senaie of the United States. Tho trcaty was ratificd by the King, but did not receive theapprobalionof ihe Belgian Cbarnbers wiihin the time limiled by its tenns, and has, thercfore, become void. This occurrencc assumes the graver aspect from the consideratiun thal in 1S33, a Treaty negotiated between the twogovernments and ratified on the part of tho United States, failed to bc ratified on the part of Be'gium. The Representative of that Government, at Washington, infoi-nis the Department of State that lio has been insirucled to give explanations of the causes which occasioned dclay in tho approvdl of the luto Treaty by the Legiblaturc, und to express the regret of the King at ihe occurrence. Tho joint commission under the convention with Texas, to ascertain iho truc boundary between the two countries, has couc!u(ied its labors; but tho finul reort of the commissioner of the United States has not been received. It is undcrsiood, howcver, (hat the meridian line, as traccd by the commission, lies somewhat íürther west than the position hitherto generally assincd to it, and consequcntly, includes in Texas somc part of the tenitory which had been considered as belonging to the átales of Louisiana and Arkansas. The Uniled States cannot but takc adeep interest in whatever relates lo this young but growing Republic. Seltled principuliy by emigráñls fróm the United States, we have lbo happiness to know thut the great principies of civil libcrly are there destined to flourish under wise institulions and wholesome laws: and that, through ns ex ampie, another evidence is to be afïbrdcd of the capacity of popular institulions, lo advanco the prosperity, happiness, and permanent glory olihe human race. The great trulh, thatgovernment was made for the people, and not the peoplc for ihe goverrwnont, bas already been establiáhed in the practico and by the example of these United States, and we can do no other iban contémplate its further exemplification by a sister llepublic, with the decpest interest. Our relations with ihe independent States of ibis hemisphere, formerly under ihe dominion of Spain, have nol undergone any material chango vvilhin the past year. The inecssant sanguinary conflicts in, orbelwecn those countries aro to Le greatly dcplored, as neccssarily tending to disablo thein i'rom pcrfurming iheir dulicsas membcrs oflho community of natione, and risiwr to the desliny which the position and the natural resources of tnany of them might lead thein justly to anticípate, as constan'ly giving occasion, nlso, directly or nclirectly, for oomphrnts on tho part of our citizena wjip resort tliither for purposB of eommciciul intercourse, and as rctarding rèpsration for wronsalready comniitled, fconio of which aro by no meims of recent d-jtc. The lailuroof the Congress of Ecuador to hold a session, at the timo nppmntcd fur that purposo in January last, will probably render aborUVe u treaty of commerco with that repuWic, which was sined at Quito on the 13th of June, 1S39, and had beonduly raïïfièd on our part, hut which required the approbation oflhat body, pri or lo tg rutiiicutiou by the Ecuadoriaa Ex ecutive. A convcntioji which has been concluded with tho republic of Peru, providing for the péUlèment of certain claims ofeiifzena of the United States, u;joh the Government of that Republic, will be duly subinitted lo tho Senatc. The claims of our citizens against tho Brazilian government, originating from captures and other causes, are still unsatsfied. The United States have, however, so unifonnly sliown a disposition lo cultivatu relations of amity with that Empire, ihat il 3 hoped, tbo unequivocal lokens of ihe same spirit towards us, which an adjustment of the ofiuirs referred to would allord, will bo given without furlher avoidable deliiy. TLOKIDA WAn. The war wiih the Indian tribes on tho península of Florida has, during the last sumincr and fall, been proáeculed with ua tiring activity and zcal. A summer campoign was resolved upon,as the best modo of bringing it to a close. Our brave ofiicers and men, who havo. been engagcd in that service, have suffored toüa and privations, and exhitited an enery which to any other war, would have won for them unfading laurela. In despite of the sickncss incident lo the clinute, they have penclrated tho fastnesses of ihe Indians, bröken up their encamptnen'.s, and harrasscd them unccasingly. Numbers havo been captured, and still" greater numbera i have surrendered, and have been transi ported to jo'-n their brelhren on the land clsewhero allotted (o them by tho Government; - and a strong hope is entertaincd hat, under ihe conductof the gah lant officer at the head of iho troops in florida, that troublcsomo and expensive war is deslined to a speedy termination. With all the other Indian tribes, wo ara enjoying tho blessing3 of peace. Our duty, as well as our best interests prompt us to observe in our ntercourse with them, fideliiy in fulfilling our engagements, tho praclice of slrict justicc, as well as iho constant exerciso of acts of bcnevolenco and kindnecs. These are the great instruments of civjlization, and through the uso oí ihcm alone, can the untutored child of tde forest bo iuduced to listen to its teaching. THE CENSUS. The Secretary of State, on whom tho acts of Congress have devolved iho duty of directing the proceedings for the taking of the Sixth Census, or enumcraüon of the inhabitants oflho United States, will report to tho lïouscs lbo progress of that work. The enumcralion of persons has been complcfcd, and exhibils a grand tutal of 17,0Gü,453; making an increase over the census of 1830, of 5,202,046 inhabilants, and showing a gain in a ralio excoeding 32 1-2 per cent. ior the lasl ten years. Í-TATE OF THE THEAÍÜRY. From tho Report of the Secretary of tho Treasury, you will be informed of the couduion of the finances. The balance in tho treasury on Ihe lst of January. last, as stated in ihe report of the secretary of tho Treasury, submittcd lo Congress at tho Extra session, was $087,315 03. The receipts into the Treasury, during tho first three quarters of this year, from all sources, amount lo $23,407,052 52. Tho estimated receipts ior the fourth quarter amount to $0,943,095 25, amounting to $30,410,107 77; and making, with the balance in tho Treasury, on the first of January last, $31,397,512 80. Tho expenditutes for the first three quarters of this ycar amount lo $24,S34,34G 97. - The expendieres for the fourth quarter, as cslimaled, will amount to $7,200,723 73- thus making a total of $32,025,070 ?0, and leaving a deficit lo bc provided for, on ihe first of January next, of about $627,557 90. Of the loan of $12,000,000, which was lulhofizèd by Congress ai its late session, jnlv 0,432,720 88 have been negotintetl. The shörtnesaof time whicbit had to n;n, has presented no incdrisiderabJe impedí-? ment in the way of its being taken by caplalists rtt hon;e, while tlie sanie cause would have operatcd wiih rriüch grcaler foreb ui the foreign market. For that reason tho forcigu market haa nut been res