Newspaper of Burlington Free Press, December 12, 1845, Page 1

Newspaper of Burlington Free Press dated December 12, 1845 Page 1
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NOT T H P I. O T OF O M llAJJ BURLINGTON, VERMONT, FRIDAY, DECEMBER 12, 1845. VOL. XIX No. 28. B Y H. B. STACY. PRESIDENT MESSAGE. Fellow -citlxens of the Senate and House of Representatives : It li to me a source of unaffected satisfaction to meet tho representatives of the states and the peo ple in Congress assembled, as it will bo to receive the aid of their combined wisdom In the admin, titration of public affairs. In performing for tho firtt time the duly imposed on ino by tho constitu tion, of giving to you information of thp state of the Union, and recommending to your consideras lion such measures as in my judgment are neces sary and expedient, I am happy that I can eongratu late you on the continued prosperity of our country. Under tho blessings of Divine Providence and tho benign influence o( our free institution?, it stands before the world a spectacle of national happiness. With our unexampled advancement in all the elements of national greatness, the affection of the people ts confirmed for the union of the ttes, and for the doctrines of popular liberty, Vhich lie at ihe foundation of our government. It becomes us, in humility, to make our devout acknowldgement to the Supreme Ruler of the Universe, for the inestimable civil and religious blessings with which we are favored. In calling the attention ol Congress to our rela tions with foreign powers, I am gratified to be able to state, that though with some of them there have existed since your last session serious causes of irritation and misunderstanding, yet no actual hos tilities have taken place. Adopting the maxim in the conduct of our foreign affairs to '-ask nothing that is not right, and submit to nothing that is wrong," it has been my anxious desire to preserve Seace with all nations ; but, at the same time, to prepared to resist aggression, and to maintain ail our just rights. In pursuance of the joint resolution of Congress "for annexing Texas to tho United States," my predecessor, on the third day of March, 1345, elect ed to submit the first and second sections of that resolution to the republic of Texas, as an overture on the part of the United State?, for her admission as a State into our Union. This elect! on I ap proved, and accordingly the charge d'affaires of the United Slates in Texas, under instructions of tho tenth of March, 1615, presented these sections of the resolution for the acceptance of that republic. The executive government, the congress, and the people of Texas in convention, have successively joint resolution. A constitution for the govern ment of the Stale of Texas, formed by a convention of deputies, is herewith laid before Congress. It is vi ell known a Is", that the people of Texas at the polls have accepted the terms of annexation, and ratified the cotislitu'ion. I eommuniu itc ti Congress the correspondence between the Secretary of State and our charge d'affaires in Texas ; ami also the correspondence of the latter with Iho authorities nf Texas ; together with the documents transmitted by him to his own giivurum ni'. ' The terms f A nnexation which were offered by the United Sines having been accepted by Texas, the public faith of both parties is solemnly pledged to tlw compact of their union. Nothing remains to rons imm t'o the event, hutlhe pissage afanarl by Congress to admit the state of Texas into the Union upon an equal footing with .the orig inal states. Strong reasons exist why this should be dono at an early period of the session. It will 'Lei Observed, that by the Constituticn of Texas, the existing government is only continued temporarily till Congress can act ; and that the third Monday of the present month is the day appointed for holding the first general election. On that day, a govern .or, a lieutenant governor, and both branches of the legislature, will be chosen by tho people. The President of Texas is required immediately after the receipt of official information that the now plate bas been' admitted into our Union by Congress, to convene the legislature; and, upon its mceting.the existing government will be superseded, and the state government organized. Questions deeply in teresting to Tex a?, in common with the other tales, the extension of our revenue laws and judi cial system over the people and territory, as well as measures of a loeil character, will claim the early attention of Congress; and, therefore, upon every principle of republican government, she ought to be represented in tint body without un necessary delay. I cannot too earnestly recom mend prompt action on this important subject. As loon is the act 10 admit Texas as a Slate shall be pissed, (he union of the two republics will be eonsumma ted by their own voluntary consent. This tcce-sion lo our territory has been n bloodless aehievment. No arm of force has been raised to produce the' result. The sword has had no part in the vkiory. We have not sought to extend our territorial possessions by conquest, or our republican inatitulions over a reluctant people. It was the deliberate homage of each people to (he treat principle of our federative union. If we consider the extent of territory involved in the annexation its prospective influence on Amer ica the means by which it has been accomplished, springing purely from the choice of the people themselves to share tho blessings of our union, the history of the world may be challenged to fur nish a parallel. The jurisdiction of the United States, which at the formation of the federal constitution was bound ed by the St. Mary's, on the Atlantic, has passed the Cape of Florida, and been peacefully extended to the Del tSnrle. In contemplating the grandeur of this event, it is not to be forgotten that the result was achieved in despite of the diplomatic interfer ence of European monarchies, Even France the country which had been our ancient a 11 v the coun try which has a common interest with us in main taining the freedom of the seas the country which by the cession of Louisiana, first opened to us access to the Gulf of Mexico tho country with which we have been every ycr.r drawing more and more closely the bonds of successful commerce most tnexpettedtyrand to our unfeigned regret, took part in an effort to prevent annexation, and to impose on Texas, as a condition of the recognition of her inde pendence bv Mexicn, that she would never join her self to tho United Stales. We may rejoice that the trannuil and nervadiui! influence of llie. American principle of self-government was sufficient to defeat the our nones of British and French interference, and that the almost unanimous voice of tho people of Texas has given to that interference a peaceful and effeclivo rebuke. From this example, Europe an governments may learn how vain diplomatic arts and intrigues must ever prove upon this continent, against that system of self-government which seems natural to our soil, and which will ever resist for eign interference. Towards Texas', I do not doubt that a liberal and rrenerous spirit will actuate Congress in all that con cerni her interests and prosperity, and that she will never have rause to regret that she has united her "lone star to our glorious constellation. I resrot to inform you that our relations with Mexico, since your last seision, have not been of the amicable character winch it Is our desire tocul tivate with all foreign nations. On the Oth day of March In', the Mexican envoy extraordinary and minister plenipotentiary to the United States made formal Drotest. in the name of his government, against tho joint resolution passed by Congress, "for the annexation of Texas to tho United States,'' which he chose to regard ai a violation of the rights of Mexico, and, in consequence of it, he demanded bif passports. He was informed that the govern, ment of the United States did not consider this joint ...i..i?nn qb a violation of anr of the rights of Mex ico, or that it affoided any just cause of olTonce to bis government; that the Republic of Texas was an independent I'owor, owing no allegiance to Moxlco, and constituting no part of her torritory or rightful or.iant and jurisdiction. He was also assured that it waa the sincere desire of this government to maintain with thatof Mexico reituone oi pease good understanding. That functionary, however, notwithstanding these representations and assuran ces, abruptly terminated his mission, and shortly afterwards left tho country. Our envoy exiraordi nary and minister plenipotentiary to Moxico was refused all official intercourse with that government, and, alter remaining several mouths, by tho permls sion of his own government ho relumed to the U. Slates. Thus, by the acts of Moico, all diplomat ic intercourse between the two countries was bus ponded. Since that time Mexico has, until rorently. occu pied an attitude of hostility towards the United States has been marshallingand organizing armies, issuing proclamations, and avowing the intention to makelvar on tho United States, either by an open declaration, or by invading Texas. Both tho Con gress and convention of the people of Texas Invited this government to send an army into that territory, to protect and defend litem against the menaced at tack. The moment tho terms of annexation, offer ed by the United States, wore accepted by Texas, the latter became so far a part of our ownAountry, as lo make it our duly to afford such protection and defence. I therefore deemed it proper, as a pre cautionary measure, to order a strong squadron to the coasts of Mexico, and to concentrate an efficient military force on the western frontier of Texas. Our army was ordered to lake position in the coun try between the Nueces and the Del Nnrle, and to repel any invasion of the Texian territory which might be attempted bv tho Mexican forces. Our squadron in the gulf was ordered to co-operate with the army. But I hough our army and navy were placed in a position tu defend our own and the rights of Texas, Ihey were ordered, to commit no act of hostility against Mexico, unless she declared war, or was herself the aggressor, by striking the first blow. The result has been that Mexico has madu no aggressive movements, and our military and naval commanders have executed their orders with such discretion, that the peace of the two republics has not been disturbed. Texas had declared lier independence, and maintained it by her arms for more than nine years. She has hnd an organized gnecrnmcnt in successful operation during lhatperiod. Her separate exislance, ns on independont State has been recognized by the United Slates and the principal Powers of Europe. Treaties ol commerce nnd navigation had been concluded with her by different na tions, ond it had become manifest to ihe whole world that any further aeicmpt on tho part of Mexico to conquer her, or overthrow her government, would be vain. Even Mexico herself bad become satisfied of this fact I and whilst tho question of annexation was pending beforo tho people of Texas, during the past summtr, the government of Mexico hv a format net. nurced lo rcc02ntze ihc inde pendence of Texas on condition that she would not annex eraelf lo any other power. The agreement to aeiennwi- lr llm inlvnfniivnrf! nf whether with or Wllll'Ut ild. rrimlitinn. i. rnnrln.iva nnnjnRt Mexico. The inde pendence of Texan is a fact conceded by Mexico herself, nc mu no rigruur ouinurnv iu pie-t-nui; kjuiwiuu. the form of government which Texas might after wards choose to assume. . But though Mexico cannot complain of ihe. United Stales on account of the annexation of Texas, it :s to bo regretted that serio is causes of misunderstanding between the two countries continue lo exist, growing oui oi unre dressed injuries inflicted by the .Mexican authorities and people on the persons nnd property of citizens of the Uni ted aiaics, uirouun a long series oi veins, imcaiio . ml riiiirfl liiocrt Inmriea lull lias nenlecled and refused 10 repair Ihem. Such wn6 the character of the wrong, and such Iho insuhs repeatedly off-red to American citizens and the Aineiiean flag by Ihe Mexicans, in palpable viola tiun of the laws ofnationsaod the treny between the two countries of '.he fifth of April, 1331, that iney have been rpnenipillv Kmiurlir tn ilie notice of Conim-st tv uiv pre decessors. A-early as the eighth of February, 1317, the l'lesidcnl or the Ilniiort .vial.. i.v".s!iu- , Cougrees, thai ''tho lengih of time since snum.J.ti'. i jo. rics have I eeu committed, Ihe repeated nnd uiiavai'iiic im plications for redress, the wanion character oi sumeoi inc outrages upon Ihe persons and properly of tur citizens. upon ine omcers an i naj oi me uimni -j,.,,,, ii,r.i-,, dent ol went msulis lo this goiernouut and people by the tale lixiraoriliiury .Mexican m inner, uouiu j iiiuy in the eyes of oil nations immediate war. tie did nni. howewr. recommend an immediate resort to thiscxtrcine measure, winch, he declared, "should not be used by just and generous nations, ronlidiug in their slrcnzih for injuries cuimnillcd if it enn he huuo.rably avoi ded" but in a spirit of forlicornnci, propositi that nnoih er demand be made on Mexico for that retires- which bad been so long and unjustly withheld. In these views com- mu lees of ihe two Houses ot Longress, in reports maue io their respeciive bodies, concurred. Since these proceed ings, more than eight years have elaped, during which, in addition to the wrongs ihen complained of, others of an aggravated cnaracier nave ueen coiniouieu on ioc peiruua and properly of our citizens. A special agent was sent lo Mexico in the summer of 1S33, with lull authority to mate another nnd final demand for redress. Tho demand was made; the Mexican government promised lo repair tho wrongs of which vo complained ; and after much delay, a treaty of indemnity with thnt eiew was concluded le tween ihelwn Powers on the Uth of April, 1339, nnd was dole ratified hv both rovernments. liv this treaty a joint commission was created lo abjudicate and decide on Ihe claims ol American citizens on ine govcrnine-m oi Mexico. The commission wan organized nl Washington on Ihe 25th dav of August, 1810. Their tune was limited looighieen months; at the expiration of which, Ihey had adjudicated and decided claims amounting to tw o millions iwentv-fix inousana onenunareo unu iiiiiiy tumiuB and sfxty-eight cents in favor of citizens nfihe United stales against the .Mexican government, leaving nr, mrgu amount of claims undecided. Of the latter, tho American commi sinners had decided in favor of our cit izens, claims amounting to nine hundred and twenty-eight thousand six hundred nnd twenty-seven dollars nnd eighty-eight cents, wmcn were leu uoacitu on ur mu uoipoc uuikvi ized by the treaty. Still f inner rlaims, nmounling to between three and four millions of dollars, were submitted to the board too lats to be considered, and were left un disposed of. The sum of two million! twentv-six thousand one hun dred and Ihiriy-nine dollars and sixty-right cents .decided Dy the Dnaru, was a nquiuateu ano asccriaineu oci i oue by Mexico lo Ihe claimants, and there was no justifiable reason fur delaying its payment according to the terms of Iho treaty. It was not, however paid. Mexico applied for further indulgence; and, in that spirit ol liberality and foiliearance whieli ha- ever marked the policy of Ihe Uni ted Stales towards that republic, the rcqiical was granted; and, on Ihe thirteenth of January, 1843, new treaty was concluded. By this treaty it was provided, thai the inter est due on the awards in lavot of claimants under the con vention of the eleventh of Apiil 1839, should bo paid on the thirteenth of April, 181 J; and that the principal of the said awards, and the interest arising thereon, shall be paid in five years, in equal instalments every three mnniha, iho said term nf live years lo commence on the thirteenth day ol April, 1813, as aforesaid " The interest due on Ihe thirteenth day of April, 1313, and the three first instal ments hae been paid. Seventeen of the-e instalments remain unpaid, seven of which are now due. The claims which we lelt undecided by the joint commission, amounting to more than three millions of dollars, together with other claims for spoliations on Ihe property uf our citizens, were subsequently presented to the Mexican government for payment, and were so far recognized, that a trcity, providing for their examination and settlement by a joint coin mission, was concluded and signed at Mexico on tho twentieth day of November, 1843. This trea ty was ratified by the United Slates, with certain amendments, to which no just exception could have been taken ; but it has not yet received the ratifica tion of the Mexican government. In Ihe mean time, our citizens who suffered great losses, and some of whom have been reduced from affluence to bankruptcy, are without remedy, unless their rights be enforced by their government. Such a continued and unprovoked series of wrongs could never have been tolerated by the United States, had they been committed by one of the principal nations of Europe. Mexico was, houover, a neigh boring sister republic, which, following our exam ple, had achieved her independence, and for whose success and prosperity all our sympathies were ear. ly enlisted. The United States were the first tn recognize her independence, and to receive her into the family of nations, and have ever been desirous of cultivating with her a good understanding. We have therefore, borne the repeated wrongs she has committed, with great patience, in the hope that a returning sense of justice would ultimately guide her councils, and that we might if possible, honora bly avoid any hostilo collision with her. Without tho previous authority of Congress, the Executivo possessod no power to adopt or enforce adequate remedies for the injuries we had suffered, or to do more than be prepared to repel the threat ened aggression on the part of Mexico. Aflorour army and navy had remained on the frontier and coasts nf Mexico for many weeks, without any hos tile movement on her part, though her menaces were continued,! deemed it important to put an end' if possible, lo this state of things. With this view, 1 caused steps to be taken, in the month of Sep tember last, to ascertain distinctly, and in an au thentic form, what the designs of tho Mexican gov ernment were ; whether it was their intention to declare war, or invade Texas, or whether they were disposed to adjust and settle, in an amicable manner, the pending differences between the two countries. On the ninth of November an official answer was received, that the Mexican government consented to renew the diplomatic relaiions which had been suspended in March last, and for that purpose were willing lo accredit a minister from the United Stales. With a sincere desire to preserve peace, and re sloro relations of good understanding between the two republirs, I waived all ceremony as to the man ner of renewing diplomatic intercourse between them; and, assuming the initiative, on the tenth of November a distinguished citizen of Louisiana was appointed Envoy Extraordinary and Minister Pleni potentiary to Mexico, clothed with full powers to adjust, and definitively settle, all pending differen ces between the two countries, including thusc of boundary between Mexico and the State uf Texas. Tho minister appointed has set out on his mission, and is probably by this time near the Mexicau cap. ilal. He has been instructed to bring the negotia tion with which he is charged to a conclusion at the 'earliest practicable period : which, it is expected, will ho in time to enable me to communicate the result to Congress during the present session. Un til that result is known, I forbear to recommend to Congress such ultoriur measures of redress for the wrongs and injuries we have so long borne, as it would have been proper to make had no such nego tiation been instituted. Congress appropriated at the last session the sum of two hundred and seventy five thousand dollars for the payment of Ihe April and July instalments of the Mexican indemtiitie-i for the year 1844 : "Pro vided it shall be ascertained to the satisfaction of the American government that the said instalments have been paid by the Mexican government to the agent appointed by the United Stales to receive the same in such manner as to discharge all claim on the Mexican government, and said agent to be de linquent in remitting the money to the United States." Tho unsettled stale of our relations with Mexi co lias involved this subject in much mystery. The first information, in an athentic form, from the agent of the United Slates, appointed under the adminis tration of my predecessor, was received at the Slate Department on the ninth of November last. This is contained in a letter dated the lTili October, ad dressed by him to one of our citizens then in Mexi co, with the view of having it communicated to that department. From this it appears that the agent, on the 2Ulh of September, 1844, gave a re ceipt tn I lie treasury of Mexico for the amount of the April and July instalments of thn indemnity. In the same communication, however, he asserts that lie had not received a single dollar incash, but that he holds such securities as warranted him at the time in giving the receipt, andentertains nodoubt but that he will eventually obtain the money. As thes; iiMaluicntit appear never tn have been actu ally paid by the government of Mexico to the agent, ami as tint gnvr'riiment has nut therefore been re learpil so as In discharge the claim, I do nut feel iovm'K warranted in diincting payment tn he made In ihe t'laioi iios out ufibi! treasury, wilhtiut furl tlier legi-iatiou. Their case is undoubtedly one uf much hardship ; and it remains for Congress tode cide whether any, and what, relief ought to bo granted lot hem. Our ininiBter to Mexico has been instrui tfd lo sii-rcrinm the fails of the case from tho Mexican government, in an authentic and offi cial form, and report the result with as little delay as no-sihlo My attention was enrlv directed In the negotiation, which, on Iho fourth of Mirehlasl, I found pending at Wushiiigiun betrcn the Uniied Slates and Great Brit ain, on the subject of theOirgon territory. Three sev eral nltemptshud been previously nindeto settle theques lions in dispute between the Iwo countries, by negotia tion, upon the principle of compromise i but each had proved unsuccessful. . These negotiations took place al London, in the years 1318, 1824, and 1326; the two first under the administra tion of Mr. Monroe, and the last under that of Mr. Adams. The negotiation of 1S1B havlnc failed to accomplish Its object, resnlied In tho convention of the twentieth of October ot that year. By the third article of that con vention. It was " agreed, that any country that may be claimed by cltncr party on the northwest coast of Amer ica, westward of Ihe Siony mountains, shall, together with Its harbors, bays, and creeks, and the navigation of all rivers wlihin the same, be free and open for the term of ten years Irom the date of ihe signature of Ihe pre sent convention, to the vessels, citizens, and subjests of the two Powers; It being well understood that this a greement la not to be construed to the prejudice of any claim which either of the Iwo high contracting parties may have to any part of ilia said country, nor shall It be taken to affect ihe claims of ony other Power or stale to any pan uf the said country; the only object of the high contracting parties In that respect, to prevent dis putes and differences among themselves." The negotiation of 1821 was productive of no result, and Ihe convention of 1818 was left unchanged. The negotiation of 1826, having also failed lo effect an adjustment by compromise, resulted In Ihe convention of August ihe six i h, 1827, by which It was agreed lo con tinue lu force, for an indefinite period, Ihe provUiont.of Ihe third article of the convention of the 20h of October 1818 ; and it was further provided, " that It shall be com peieni, however, to either of the contracting parlies, lu case either should think fit, at any time after the 20m of Oc'ober, 1823 on giving due notice of twelve months to Ihe other contracting party, to annul and abrogate this convention ; and it shall, In such case be accordingly en tirely annulled and abrogated afier the expiration of iho said term of service." In these attempts lo adjust the controversy, the parallel of forty-ninih degree of north latitude had been offered by ihe United States to Great Britain, and In thoeo of 1316, and 1 826, with a further concession of the free navlgailon of the Columbia river south of that latitude. The parallel of the forty-nlnlh degree, from tho Kocky mountains la In Intersection of Ihe nurttieasterninostbranch of ihe Columbia, and thence down ihe channel of thai river lo the sea, had been of fered by Great lirlnln, with an addiilon of a small de latched territory north of the Columbia. K.ach of these r impositions had been rejected by the parlies respective-y- In October, 1613, Ihe Envoy extraordinary and Minis ter Plenipotentiary of Ihe Uniied stales In London was authorised lo make a similar offer to those made in 1818 and 182Q. Thus stood ihe question, when the negotiation was shortly afterwards transferred lo Washington; and, on Ihe twenty-lhlrd of August, 1814, was formerly open en, under 'he direction of my Immediate predecessor. Like all the previous negotiations, It was based upon principles of lis compromise;" and the avowed purpose of Ihe parties was, " to Ireal of the respective claims of Ihe two countries lo Ihe Oregon territory, with the view to establish a permanent boundary between Ihem west ward of ihe llocky mountain! lo the Pacific ocean." Ac cordingly, on the twenty sixth of August, 1844, Ihe Brit ish plenipotentiary offered lo divide thxOrcgon territo ry by Ihe 4Dih parellel of north latitude, from ihe Rocky mountains lo the point of Intersection with Ihe northeast errnosi branch of the Columbia river, and Ihence down lhat river lo ihe sea ; leaving ihe free navigation of lha river lo be enjoyed In common by bolh panle'S the coun try south of this line to belong to ihe United states, and lhat north of It In Great Britain. At ihe same lime, ho proposed, In addition, lo yield to the United slates a de tached territory, north of the Columbia, extending along the Pacific and Ihe uralliof Fuca, from toe Dulftnch'i harbor Inclusive, lo Hood's cansl, and lo max free toU. Btates any port ur pons south of latitude 49 degrees, which ihey might desire, either on ihe main land, or on Quadra and Vancouver's Island. With the exception of Ihe frse pons, this was Ih saroa offer wbleh had btsa made by ths British, snd rejected by the American Gov ernment, In the negotiation of 1826. This proposition was properly rejected on the day It wis submitted. This was the only proposition of compromise offered by ths British Bleplpolentiary. The proposition on the part of Great Irltaln having been rejected, the British plenipotentiary requeued lhat a proposal should be mads by the United stales for " an equitable adjuslment of Ihe question." When I came Into office, I found Ihis to be the state of Ihe negotiation. Though entertaining the Milled con viction, lhat Ihe British pretention! of title could not be

maintained to any portion of ihe Oregon territory upon any principle of public law recognized by nations, yet, In deference to whit had been done by my predecessors, and especially In consideration that propositions of com promise hadbtcn lluics wade by two prsccding adminis trations, to adjust the question on the parallel of forty nine degrees, and in two of Ihem yielding lo Great Brit ain ihe free navigation or the Columbia, and than he pending negotiation had been commenced on ihe basis of compromise, I deemed It lo be my duty not abruptly to break li ofl. In consideration, thai under Ihe conventions of 1913 and 1827, the citizens and subjecis of the two powers held a joint occupancy of ths country, I was In duced lo matte another effort to settle this long pending controversy In the spirit of moderation which nad given birth to the renewed discussion. A proposition was ae aordingy made, which was rejected by the Britlsn pleni potentiary, who, without submitting any other proposi tion, suffered the negotiation on his pari to drop, express ing his trust that the United slates would offer what he saw fit to call "some further proposal for the settlement of the Oregon question, more consistent with lalrness and equity, and with the reasonable expectations of Ihe British government." The proposition thus offered snd rejected repeated the offer of the parallel of forty nine de grees of north latitude, which had been made by two preceding administrations, but without proposing to surrender to Great Britain, as ihey had done, Ihe free navigation of the Columbia river. The right of any foreign Power to the free navigation of any ofour rivers, through the heart of our country, was one which I was unwilling lo.concede. It alio embraced a provision to rpske ugiJjJjkrx&nttip anv port or porti on ths cap of Quaura ino T3Jv's Island, south otitiii parallel. Had this been a nlw ouestlon. cominz under discussion for the first time, this proposition would not have been made. The extraordinary and wholly inadmissible de mands of the British government, and the rejection of Ihe proposition made in reference atone lb what had been done by my predecessors, and the Implied obligation which their acta teemed to Impose, afford satisfactory evidence that no compromise which the United stales ought to accept, can be effected. With this conviction, the proposition of compromise which had been made and rejected, was, by my direction, subseqently withdrawn, and our title to the whole Oregon territory asserted, and, as Is believed, maintained by Irrefragable facta and argu ments. The civilized world will see In these proceedings a spirit of liberal concession on the pari of the United states; and this government will be relieved from all responsi bility which may follow the failure to settle the contro versy. All attempts at compromise having failed, it be comes the duty of Congress to consider what mea sures it may be proper to adopt for the security and protection of our citizens now inhabiting, or who may herafter inhabit Oregon, and for the maintenance of our just title to that territory. In adopting measures for this purpose, care should be taken that nothing be done to violate the stipula tions of the bonvention of 1827, which is still in force. The faith of treaties, in their letter and spirit, Hrrr'aisprtaaa! and, I trust wil ever be, scrupulously observed by the United States. Un der that convention, a year's notice is required to be given by either party to the other, before the joint occupancy shall terminate, and before cither can rightfully assert or exercise exclusive jurisdic tion over any portion of the territory. This no tice it would, in my judgment, be proper to give ; and I recommend that provision it made by law for giving it accordingly, and terminating, in this manner, the convention of the sixth of August, 1827. It will become proper for Congress to determine what legislation they can, in the meantime, adopt without violating this convention. Beyond all question, the protection ofour laws and our juris diction, civil and criminal, ought to be immediately extended over our citizens in Oregon. They have had just cause to complain of our long neglect in this particular ,and have in consequence been com pelled, for their own security and protection, to establish a provisional government for themselves. Strong in their allegiance and ardent in their attach ments to the United States, they have been thus cast upoii, their own resources. They ai e anxious that our J:jl"Mld be extend d ovy them, and I recOIfflWWdr.'iis bJ dono by CorJjr withna little delay as possible, in the full extent to which the British Parliament have proceeded in regard to British subjects in that territory, by their act of July the 2d, 1821, "for regulating the establishing a criminal and civil jurisdiction within certain parts of North America." By this act Great Britain extended her laws and jurisdiction, civil and criminal, over her subjects, engaged in the fur trade in thatterritory. By it, the courts of the province of Upper Canada were empowered to take cognizance of causes, civil and criminal. Justices of the psice an 1 other julicial officers were author ieed tu be appointed in Oregon, with power to ex zcuteall process issuing from the courts of that province, and to "sit and hold courts of record for the trial of criminal offences and misdemeanors," not made the subject of capital punishment, and also of civil cases, where the cause of action shall not "exceed in value the amount or sum of two hundred pounds." Subsequent to the date of this act of Parliament, a grant was made from the "British crown" to the Hudson's Bay Company , of the exclusive trade with the Indian tribes in the Oregon territory, subject to a reservation that it shall not operate to the exclu-siont-tirMMijiccts of any foreign States who, un der or by force'of any convention for the time be ing, between us andsuch foreign Slates respective, ly, may be entitled to, and shall be engaged in the said said trade." It is much to be regretted, that, while under this act British subjects have enjoyed the protection of British laws and British judicial tribunals through out the whole of Oregon, American citizens, in the same territory have enjoyed no uch protection from their government. At the same time, the result illustrates thecharaeter of our people and their insti tutions. In spite of this neglect, they have multi plied, and their number is rapidly increasing in that territory. They have made no appeal to arms.but have peacefully fortified themselves in their new homes, by the adoption of republican institutions; furnishing another example of the truth that self government is inherent in the American breast, and must prevail. It is due to them that they should be embraced and protected by our lawa. It is deemed important that our laws regulating trade and intercourse with the Indian tribes cast of the Rocky mountains, should be extended to sueh tribes as dwell beyond them. Xbemerjjjjingemigration lo Oregon i and the care zmmiaKn wjiich. is due from their government to its citizens1 in that distant region, make it our duty as it is our interest, to cultivate amicable rela tions with fhe Indian tribes of that territory. For this purpose, I recommend that provision he made for establishing an Indian agency, and such sub agencies as may be deemed necessary, beyond the llocky mountains. For the protection of emigrants whilst on their way to Oregon, against attacks of the Indian tribes occupying the country through which they pass, I recommend that a suitable number of stockades and block house forts be erected along the usual route between our frontier settlements on the Missouri and the Rocky mountains ; and lhat an adequate force of mounted riflem-n be raised to guatd and protect them on their journey. The immediate a doptton of these recommendations byCongress will not violate the provisions of the existing treaty. It will be nothing more for American citizens than British laws have long since don for British sub jects in the same territory. It requires sevtral months to perform the roy age by sea from the Atlantic States to Oregon ; arid afthouglYwe have a large number of- whale fVjjiilifie, but few of them afford an op fjilHBPrsnterchanging intelligence, without erf at delay, between our settlements in that die tant region and the United StaUt. An oTerland mail is believed to be entirely practicable s and the importance of establishing such a mail, t once month, is submitted to the favorable consideration of Congress , It is submitted to the wjsdom of Congress to de termine whether, at their- present session, and un til after the expiration of the year's notice, any other measure mav be adopted, consistently, with Ik. nnvonlinn nf IfilT. for the SCCllfltV Ol OUT .;.!,! nit tlo'imvcrnment and Drotection Ol cull citizens in Oregon. That it will .ultimately be wite and proper to make liberal grants of land to the pat riotic pioneers, who, amidst privations and dan gers, lead the way through savage tribes inhabiting the vast wilderness intervening between our fron tier settlements arid Oregon, and who cultivate and are ready to defend the soil, I am frlly satisfied. To doubt whether they will obtain such grants as soon as the convention between the United States and Great Britian, shall have ceased to exist would be to doubt the justice of Congress ; but, pendng the year's notice, it is worthy of consider ation whether a stipulation to this effect may be made.consistcntly with the spirit of that convention. The recommendations which I have made, as to the best manner of securing our rights in Oregon, are submitted to Congress with gre it deference. Should they, in their wisdom, devise any other mode better calculated to accomplish the same ob ject, it shall meet with my hearty concurrence. At the end of the year's notice, should Congress think it proper to make provision for giving that notice, we shall have reached a period when the national rights in Oregon must either be abandoned or firmly maintainod. That they cannot Vbe aban doned without n sacrifice of both national homor and interest, is too clear to admit of doiibt. Oregon is a part of the North American conti nent, to which it is confidently affirmed, the title of the United States in the best now in existence. For the grounds on which that title rests, I refer you to the correspondence of the late and present Sec retary of State with the British plenipotentiary du ring the negociation. The British proposition of compromise, which would make the Columbia the line southof forty-nine degrees, with a trifling ad dition of detached territory to the United States north of that rivtr, and would leave on the British side two-thirds of the whole Oregon territory, in cluding the free navigation of the Columbia and all thejvaluable harbors on the Pacific, can never, for a moment, be entertained by the United S'ates, without an abandonment of their just and clear ter ritorial rights, their own self-respect, and the na tional honor. For the information of Congress, I communicate herewith the correspondence which took place between the two governments during the late negociation The rapid extension of our settlements over our territories heretofore unoccupied; the addition of new states to our confederacy j the expansion of free principles, and our rising greatness as a nation, arc attracting the attention of the powers of Eu rope; and lately the doctrine has been broached in some of them, of a "balance of power" on this con tinent, to check our advancement. The United States, sincerely desirous of preserving rel itions of good understanding with all nations, cannot in silence permit any European interference on the North American continent ; and should any such in terference be attempted, will be ready to resist it at ail hazards. It is well known to the American people and to all nations, that this government has never inter fered with the relations su bsisting between other governments. We have never made ourselves par tics to their wars or their alliances; we have not sought their territories by conquest ; we have not mingled with parties in their domestic struggles; and believing our own form of government to be the best, we have never attempted to propagate it by intrigues, by diplomacy, or by force. We may claim on this continent a like exemption from Eu ropean interference. The nations of America are equally sovereign and independent with those of Europe- They possess the same rights, indepen dent of all foreign interposition, to make war, to conclude peace, and to regulate their internal af fairs. The people of the United Slat(j3 cannot, therefore, view with indifference attempts of Eu- j ropcan powers to interfere with the mdenendent action of the nations on this continent. The A- merican system of government is entirely ditferent from that of Europe. Jealousy amongst the dif ferent sovereigns of Europe, lest any one of them might become too powerful for the rest, has caused them anxiously to desire the establishment of what they term the "balance of power." It cannot be permitted to have any application on the North American continent, and especially to the United States. We must ever maintain the principle, that the people of this continent alone, have the right to decide their own destiny. Should any portion of them, constituting an inde pendent state, propose to unite themselves with our confeleracy, this will be a question for them and us to determine, without any foreign interpo sition. We can never consent that European Powers shall interfere to prevent such a cause it might disturb therJ balance of power" which they may desire to maintain upon this con tinent. Near a quarter of a century ago, the prin ciple was distinctly announced to the world in ths annual message, of one of my predecessors, that " the American continents, by the free and inde pendent condition which they hare assumed and maintain are henceforth not to be considered as subjects for future colizization by any European Power." This principle will apply with greatly in creased force, should any European power attempt to establish any new colony in North America. In the existing circumstances of the world, the pres ent is deemed a proper occasion to reiterate and reaffirm the principle avowed by Mr. Monroe, and to state my cordial concurrence in its wisdom and sound policy. The reassertion of this principle especially in reference to North America, is at this day but the promulgation of a policy which no European power should cherish the disposition to resist. Existing rights of every European nation should be respected; but it is due alike to our safe ty and our interests, that the efficient prelec tion of our laws should be extended over our whole territorial limits, and that it should be distinctly announced to the world as our settled policy, that no future European colony or dominion shall, with planted or established on any part of the North American continent. A question has recently arisen under the tenth article of the subsisting treaty between the United States and Prussia. By this article, the consuls of the two countries have the right to sit as judges and arbitrators "in such differences as may arm between the captains and crews of vessels belong ing to the nations whose interests are commitled to their charge, without the interference of the local authorities, unless the conduct of the crews or of the captain should disturb the order or tranquility of the country ; or the said consuls should require their assistance to cause their decisions to be car ried into effect of supported." The Prussian consul in. New Bedford, in June, 1844, applied to Mr. Justice Story to carry into effect a decision made by him between the captain and the crew of the Prussian ship Borussia; but the request was refused on the ground that, with out previous legislation by Congress, the judiciary did not possess the power to give elfcct to this article of the treaty. The Prussian government, through their minister here, hare complained of this violation of the treaty, and have asked ths government of the United States to adopt the ne cessary measures to prevent similar violations here after. Good faith to Prussia, as well as to other nations with Whom we have similar treaty stipula tions, requires that these should be faithfully ob served. I have deemed it proper, therefore, to lay the subject before Congress, and to recommend ueb legislation as may b necessary to give effect to these treaty obligations By virtue of an arranBUnt made between the Spanish government and that of the United States, in December, 1831, American vessels, sinte tb 29th of April, 1832, have bten admitted to entry in the ports of Spain, including those of the Ba learic and Canary Islands, on oavment of the same tonnage duty of five cents per ton, as though they bad been Spanish veiseU : ami 'this, whsthel our vessels arrive in Spain directly'; from the United States, or indirectly frcm any other country. When Congress, by the act of the 13th of July 1832, gave effect to this arrangement between the two governments, they confined the reduction of tonnage duly merely to Spanish vessels " coming from a port in Spain," leaving the former discrimin t'ting duty to remain against such vessels coming from a port in any other country. It is manifestly unjust that, whilst American vessels, arriving in the ports of Spain from other countries, pay no more duty than Spanish vessels. Spa lish vessels arrive in the ports of the United States from other countries should he subjected to hcavydiscriminat ing tonnage duties. This is neither equality nor reciprocity, and is in violation of the arrangement concluded in December, 1831, between the two countries. The Spanish government have made repeated and earnest remonstrances against this inequality, and the favorable attention of Congress has been several times invoked to the subject by my predecessors. I recommend, as an act of jus tice to Spain, that this inequality be removed by Congress, and that the discriminating duties which have been levied under the act of the 13th of July, 1832, on Sjijinish vessels coming to the United States from any other foreign country, be refunded. This recommendation does not embrace Spanish vessels arriving in the United States from Cuba and Porto Rico, which will still remain subject lo the provisions of the act of June 30th, 1835, concerning tonnage duty on such vessels. By the act of the Uth July, 1832, coffee was ex empted from duty altogether. This exemption was universal, without reference to the eountry where it was produced, or the national character of the vessel in which it was imported. By the tariff act of the 30th August, 1842, this exemption from duty was restricted to coffee imported in American ves sels from the place of its production ; whilst coffee imported under all other circumstances was sub jected to a duty of 20 per cent, adpalorcm. Under this act, and our existing treaty with the King of the Netherlands, Java coffee impotted from the European ports of that kingdom into the United States, whether in Dutch or American vessels, now pays this rate of duty. The government of the Netherlands complains that such a discriminat ing duty should have been imposed on coffee, the firoduction ol one of its colonics, k which is chief y brought from Java to the ports of thrft kingdom, and exported from thence to foreign countries. Our trade with the Netherlands is highly beneficial to both countries, and our relations with them have ever been of the most friendly character. Under all the circumstances of the case, I recommend that this discrimination should be abolished, and that the coffee cf Java imported from the Netherlands be placed upon the same footing with that imported directly from Brazil and other countries where it is produced. Under the eighth lection of the tariff act of the thir tieth of Augun, 1842, a duty of fifteen centi per gillon wai Imposed on port Ine in casks j while, on Ihe red wines of stveral other countries, when Imported in cask a duty of only six centi per gallon was imposed. This discrlmiaatlon, so far as regarded the Port wine of Por tugal, wa: deemed a violation of our treaty with that Power, which provides lhat "No higher or other duties shall be imposed on Ihe importation into Ihe Unittd Slates of America of any article the growth, prodoce.or manufacture of the kingdom and possessions of Portu gal, than iuch as are or ihall be payable on the like ar ticle being Ihe growth, proouce, ar manticiure of any other foreign counttv." Accordlnelr. lo eiva effect to Ihe treity, as well as lo the Intention of Congress, ex pressed in Ihe proviio lo the tarlffact Itself, that noth ing therein contiiued should ba construed ts to Inter fere with subsisting treaties with foreign nations; a treasury circular was Issued on the sixteenth of July, 1844, which, among other ihlngi, dictated the duty on the Port wine of Portugal, In casks, uader the eiinlii laws and treaty, to be alx cents per gallon, and directed lhat Ihe excess of duties which had been collected on rich wine should be refunded. By virtu of another clause in Ihe same section of the act, It is provided that all imitation! of Port, or nnv other wines. " shall be sub ject to the duty provided for Ihe genuine article." Iml- taiiunsoi rori wine, me producunn ot r ranee, are im ported lo some extent Into the Unitid Slates; and Ihe government of lhat country now claims that, under a correct construction of the act, these Imitations ought not to pay a higher duty than th it imposed upon the or iginal Porl wineof Pnrtui al. ItaDDears to me to be un just, that French Imitations of Pun wine should be sub jected to a duty of fifteen cent!, while Ihe more valuable arncie ircm roriugai snouio pay a duty ot six cents oniy fier gallon. I therefore recommend 10 Coniresi itch eglslation as may be necessary to correct the inequality. Thelate President, in his annual message of Decem ber last, recommended an appropriation to satisfy the claims of the Texan irovernment against the U.&iates, which hal been previously adjusted, so far is the pow ers of the Exe-cuiive extend. These claims arose uut of the act of disarming a body of Tixsn troops under the cammsnd ol M'J r S'alvely, by an officer in Ihe service Of Ihe United Slates, acting under the orders ofour gov ernment; and the forcible entry into the custom-house at Rryarly's landing, on Red river, by certain citltens of the United states, and taking away i herefrom Ihe goods seized by the collector of the customs as fortrited tinder Ihe lawi of Texas. This was a liquidated debt, ascer tained to be due to Texai when an independent Hate. Heracceplanre of the terms of annexation pioposed by the United states does not discharge or invalidate ths claim. I recommend that provision be made for In pay ment. The commissioner appointed to China during Ihe peciil session of Ihe senile In March last shortly after ward! set out on his mission in Ihe Uniied stairs ship Columbus. On arriving at Rio de Janeiro on his pas asge, ihe Hate of hii health had become to critical, lhat by ihe advice of his medical attendants, he returned to the United itatei early In Ihe mouth nf October list, Commodore Diddle, commanding the En si India squad ron, proceeded on hii voyage li the Columbus, and was charged by Ihe c unmiisloner with Ihe duly of exchang ing nilh Ihe proper auihorhlfi the rilificition of th treaty lately concluded ssilh ihe Emperor ef China. since the return of Ihe commissioner to the United stiles hii health hat been much improved, and he entertains tho confident belief lhat be will soon tw able lo proceed on hii mltslon. Unfortunately, difference continue lo exist among some of the natloni of south America, which, following eur example, have eatahllthed their ludenendrnce, while In others Internal diisentlont prevail. It is natural thai oar sympathies should be warmly enlisted for their well fire i that we should desire lhat ail controversies between Ihetn should he amicably adjusted, and their govern ment! administered in a manner to protect Ihe lighu, and promote ihe prosperityof their people. It is contra ry, however, to our settled policy, lo Interfere In their controversies, whetherexternil orlntirnil. I have thus adverted to all ihe subject! connected with our foreign relations, to which I deem ll necessirv to call your attention. Our policy Is not only peace with all, but good will towards all ihe Powers of Ihe eirth While we are just to all, we require thai all shall be just tons. Excepting the dllterencel with Mexico and Ores! Britain, our relatioui with til civilised nationi are of the mosi aailifactory character, ll Is hoped thai In this en lightened age. these differences my be amicably adjusted. The secretary of the Treasury, In his annual report la Congress, will communicate a full statement of ihe con dition of our finances. The import! of Ihe fiical teir nding on Ihe 30th of June lair, were of the value of one hundred and seventeen millions two hundred and fifty four thousand five hundred and sixty. four dollar!, of which the amount exported wis fifteen millions three hundred and forty-six thousand eight hundred and thir ty dollar! leaving a balance of one hundred and on million! nine hundred and seven thousand aeten hun dred and thirty-four dollars for domesilorfoniumptlon. The exports for Ihe smie yesr were of the ttlue of 114.. 646,606 dollars of which ihe amount of dnmenlc arti cle! wai 99,299,776 dollar. The receipts Into Ihe tren ury during the same year were 129,769. 1J3 56 1 of w hlch there were derived from customs, (27.St8,II2 70. from alesofpubllclindi, 2,01 7,071 30 1 ind Irom incident!) ind rnltcellineoiil source!, Il6i 993 50. The expendi ture! for the lime psriod were I29,96,206 98 1 of which 8 5S-i.l57 61 were applied lo ihe piyiuent of the publlo The balance. In Ihe treasury on th first of July list, wis 17,638,308 22. Ths imount of public dtbi remaining unpaid on th Brit of October list, wn 17.07S.445 82. Funhtr pay. mints of lh publlo dibt would have been made In an tlckMilen of the period of Its rslmburMinint undir lh authority confirrtd upon lh secretins of lh Treasury by the ictsof July Iweniy.flnr, 1841, nd of April fif teenth, 142, and March third, IB43, had not th until tUdtiiitof our relitloni with Mexico mtnacrd hotlll collision with ihil power. In viewofiuch aoontln gsncy, It wis deemed prudent to retain in Ihe treasury sn amount unusually large for ordinary purpose. A fw years ago, our whole national debit rowing out of the Revolution and the war f 1812 with Ureal Brit ain, waa tiilngulthed, and we p'Cien'ed to the world the rin and nubl spectacle of a great and growing pec bJ whs had fully discharged vry obligttlon. tine r OentlBdtd on 4tk Fif.