Newspaper of The New York Herald, December 3, 1845, Page 1

Newspaper of The New York Herald dated December 3, 1845 Page 1
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THE NEW YORK HERALD. NEW YORK, WEDNESDAY MORNING, DECEMBER 3, 1S45. by government express PROM WASHINGTON CITV. The President's Message TO THS twenty-ninth congress. The special express despatched by the Cavern ment with the President's Message, reached New York at tan mmutes past nine o'clock last evening. It left Waldington a little after one o'clock yester- ? day, and was, therefore, about eight hours in coming I through?a speed almost unparalelled on this conti nent. the message. Fallow Citizen i 0f Uu? StnaU and House of Repretentatitt. ?rn lime, ,h. d'my L JVJ taS'"1, ,or"" umiZ'fudZSZT ,n[?,ra"""' <* iSTiK such measures as?n mvViHf t0 y?Ur con*l<,eration fsssisifps ssg#;: * .., conltaed f?V S,ft??f f*JT t ionVw i t'h foreign'powers ?l[ ??ngrr8? t0 our rela te slate, thai, though with"?, ,0 b- able existed sin" youXr^o^f them there have ritation and rhisunders^H?n, ri0U8 causes of ir litiss have taken place Vet,no actu?' hosti conduct of our foreign affairs118 ma*>m m the is not right, and submit to a? nothln8 that ^^?^assasi'aaTs "for MneTngTefxtCti?thi7??! W ?f Congress, deceasw,on th? Uiird dav n?T d SLta&.V mS ^ to Mibmit the first and ??'1' 1815, elected lut!..n to the republic ol TV*?.?#Ctl0n8 ?' re8?" th- part ofthe ffids.7,L r' 8l #n 0rnurt> ?n a State into our Union." This electfon'1'}"1'86,011 T and accordingly the chart . H'.fl } ,aW'0Y0C,f States in Texas nnrf<.7V.F. d af,Hlra of the United March 1815 me^m^ in8jrnc,???? ot tenth ol li on for hemTnc^ofZ^10?,' oi ,h" naoh' ?>? ??or:ztz coX:ps t'iL. y? m lution. A c .nsMt,Zn ' 10118 1,1,1 j,,int n'?? State of TexaS formed Uv a CM"nm'nt of the is herewith lairl h^r #v a convention of deputies <Mth?S$S*#!gr5,1'j" T", cepted ihe fprmo r># as. ftt the nolle huve ?<* constitution "Annexation, and ratified the i?!<z?sx?!^?'j2r2 ?hr ?""?w faires in Texas- and?l? ,?,L and "ur charge d'af laiter with the'authon-i!.! <C?rresp? nee ol t,le the official documents tran?mwfl?'.,0ffe'',er with own government ,ransmitted by him to his "hlch were o|fc~, by the public faith o? botl Irri!0 acceCted ,bV Tex,,, to the compact of u " '3 jfe y P,<"d?ed to consummate the event bu th- r^',t,,in* frem""" byCongiess to atfniit th > v. . P-^sage of un act Union,' u"n an w ..Mwte Texas iut<> States S'S iWIthL .,he angina! doueatanearW period r?F #5 y- 'hould b. observed tint L .'he session. It will bt iswrSSSb4? presMit moiiih is Ihp 1 Monday of the first general election ' On''?r llwldmg the lieutenant governor and hn hi' a ^"or, ? Laure, wilfm- chosen by the Kople? Th?i P 'T*' vernment will be , th? exisring go ment organized Q? Jed'"rul State aovern IVtn , l/ea- Mutations deep y interesrini? u si-^Vrta^'Toa Vth lb<! o'her States; ih? e?*en herne'.plepnd^erritorvS?iriJl!d'Clal 8>'8tr,n ov?*r lor-.i character, will claim iho HS rr">af'urt,fl (>f " Conn-ess and thew-fim? ?, early att"ntl<"' "i ssssstr0?*"'1 ..4"?" r'ic?s ??TZ".",' l,V """ b' .? prSc "L S?l,arn,TI? ?3 h""h T ^'AemWrSjS,'L^1h*b7 ?" Kr dsfr??""?Wf rr g^pnyiplyi "" ""v - *^^?MrsKi: parallel. The jurisdiction of the United States, which M the formation of the federal cons itution was bound ed by the St. Mary's, on the Atlantic, lias passed the Ca|tes of Florida, and been peacefully extended to the L?el Norte. In contemplating the grandeur of this event, it is not to be forgotten that the re sult was achieved in despite of the diplomatic inter ference of European rnouarchs. Kveu France? the country which had b?en our ancient ally?thi country which has a common uiterest with u-> in maintaining the freedom of the teas?the country which, by the session of Louisiana, first opened tn us access to the G-ulf of Mexico?the country with which we have been every year drawing more closely the bonds of successful commerce?most unexpectedly, and to our unfeigned regret, took part in an effort to prevent annexation, and to im pose on Texns, as a condition of the recognition ol her indei?endence by Mexico, that ah- would never join here* If to the United Sn.tea. We may rejoice that the tranquil and pervading influence ol the American principle of self government was sutti cu nt to defeat the purposes of British and French interference, and that the almost unanimous voice of the people of Texas has given to that interfer ence a peaceful and eflective rebuke. From this example. European governments may learn how vain diplomatic art* and intrigues must ever prove upon this continent, against that syslam of self-i'o v. rnment which seem natural to our so.I, and which will ever resist foreign interference. Towards Texas, 1 do not doubt that a liberal and generous epirit will actuate Congress; in all that con cerns her interests and profrparity, and that she will never have cause to regret that she has united her "lone star" to our glorious constellation. 1 regret to inform you that our relations with Mexico, since yourlast session, have not been ol the amicable character which it is our desire to cn! tivate with all foreign nations. On the sixth Jay ol March lae-f, the Mexican envoy extraordinary and minister plenipotentiary to the United States made a formal protect, in the name ol his government, against the joint resolution pasted by (Jongrers, "for the annexation ot Texaa to the United States," whit It he chose to regard as a violation ofihs rnzhts of Mexico, and, in consequence of it, he demanded his passports. He was informed that the govern ment ot the United States did not consider this joint resolution as a violation of any of the rights of Mexico, or that it afforded any just cause ot offense to hia government; that the Republic ot Texas Whs an independent Power, owing no allegiance to Mexii o, and constituting no part ot her territory or rightful sovereignty and jurisdiction. lie was also Hssared Unit it was the sincere deeire ol this go vernment to maintain with that of Mexico relatione of peace ?ud good understanding. 'I hat funciion ??r>, however, notwithstanding ther** repreierita* tiotis and assurances, abruptly terminated his mis sion, snd shortly alt* rwarda left the country. Our I'.nvuy Extraordinary and Minister Plenipotentiary io Mexico was refused ail official intercourse with that government, and, sfter remaining several months, by the permission of his own governrw nt, ac returned to the United States. Thus, by the acts of Mexico, all diplomatic intercourse between the ' two countries wag siumetuUd oeiween the C?h"T:r SUrSfcffii ?States?hasbeen marshalling and organ uing armies ?f T^tnia i rv to nrotVr? ?nJ^8rnd)H? aTmy ln'? 'hnt territo- ! att'aclc Thi ? defend them against the menaced ! fared bv 2 rFTTu lhe terms of annexation, of. ! tared by the united States, were accepted bv Texas i ^"er became ao far a'p.rt ofourown county' I defence VthZtlr'V0 8Uch ProtPCti?Q ?"<* oerence. j therefore deemed it proper, as a precau tionary measure, to order a strong squadron to the KJronTh' and '? C??C,"ltrate *'D efficient mi litary ton e on the western frontier of Texas. Our army was ordered to take position ii the country between the Nueces and the Del Norte, a d to repe^ & x T*x*n :erritory ^ tb<- Gulf u- J^e Mexican forces. Our squadron in n.ffVh^.^L red toco-operate with the army l ! i (OUri'rilly and nHyy wer<* H*oed in a ,-o ?hev^vere nrH?r?Hr,? wn ? ?"d 'be rights of Texas, tnev were ordered to commit no act of liostilitv againm Mexico, unless she declared war, or was herself the aggressor by striking the first blow The result has been, that Mexico has made no aggressive ii^.f ,i. 'beir orders with such discretion turbed P*UCe tW? rePubllc? has not been dls' operation durmgTat STTw ieparate^xU fence, as an independent State, had been recognised KL T?.?'*'? *"d 'be principal powers of" ISiiJ telS? C ,he T'JT " ?? pending bt tore the jieople of Texas, durni? the iw.t summer, the government of Mexico by a formal act K v t0 reco?n'se 'be independence of Texas on' other PowerHt Th WHn!d "0t annex heraelf ,0 ony Kk Sns^sssbs ssd '^^^ence'ofTVxas'^s^fa^^onceded'by'MTxi anflif and 8he had "o ngbt or authority to pre t-ons and property of citizens of the United Sto?? I swasr as the eighth of F.'bnm-u i?-rr .? Vv' . -v iifm-ssrSs Mll'n ^eKlc?" minister, would justify in the eves of k"u"K. && is:: <1.? iSdi^ss,sura "ir ?" ^I|pSS| .o lhe summer of IRW1 SI' JT?8 TDt to ^'co ..stir? ,0t?? sss b> ,"h|1 T".""""1 ?>Mj?ficat. W d,-c de in X?iK ?sraraas&eris ass-js3sr & ~ r:rrr""""ra *?& ">*??? frJssss' mmmm wmrnsM by t If- board was a j'ianirf'?*5'*",gJ?1 cent*' decid^ due |)V Mexico to hi .? ascertained dehi .uctifib*^ea^mC dete0^ *nd ,herP was "" to the terms of the trcatv rllPay'nPDt according gissgsslis ssbSHFIrr'' ?h?nid h, ,?ld rij & ;v" A?i A'S equal insuimeiita every three month* ? yMa,r8' are m,w due rt"laln U,,l>auJ. a^en of which The claims which were left. undecided by the joint commission, amounting to more than three millions of dollars, together with other claims tor (?pollutions on the property of our citizens, were subsequently presented to the Mexican government tor payment, and were bo far recognised that a treaty providing for their examination and settle ment tiy a joint commission, was concluded and signed at Mexico on the twentieth day of Novem ber, 1KW. This treaty was ratified by the United ! States, with certain amendments, to which no just exception could have been taken; but it Iws not yet I received the ratification of the Mexican gOVCIB | ment. In the mean time our citizens who suffered ' ijreat losses, and some of whom have been re duced from affluence to bankruptcy, are without re medy, unless their rights be enforced by their go vernment. Such a continued and unprovoked se ries 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, however, a neighboring sister republic, which following oar example, had achieved her inrfepen dence, and for whose success and prosperity all -iiir sympithiea were eutly enlisted. The I United States were the first to recognise tier independence, nnd to receive her into the family of nations, and have ever been desirous ol cultivating with her a good understanding We have, therefore, born* the. related 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, honorably | avoid any hostile collision with her. I Without the previous auihority of Congress, the I Executive possessed no |?ower to adopt or enforct I adequate remedies for the injuries we have suffered, or to do more than be prepared to repel the threat ened aggression on the part of Mexico. After our army ami nuvy had remained 011 the frontier and coasts of Mexico for many weeks, without any hos tile movement on her part, though her menaces 1 were continued, I deem-d it important to put an end, if po*. ible, to this state c.l things. With this view, 1 caused steps to be taken, in the month of Soptemlwr last, tn hsci rtain distinctly, and in an au thentic foini, what the demons ol the Mexican go vernment were, whether it was their intention to declare war, or invade Texas, or whether they were disposed to adjust and settle, 111 an amica ble manner, the Pending differences between the two countries. On the ninth of November an ofTi cial answer was received, that the Mexican go v eminent consented to renew the diplomatic reU 10118 which li td been suspended in March lust, and lor that purpose were willin? to accredit a minister from the United States. With a Bincere desire to preserve peace, and restore relations of a g>od un derstanding between- the two republics, I waived all ceremony as to the manner of renewing diplomatic intercourse between them; and, assuming the ini cm^n' ?? i ten ? Nove">^r a distinguished citizen of Louisiana was appointed Envoy Extra ordinary and Minister Plenipotentiary to Mexico, clothed with full powers to adjust, and definitively settle all pending differences between the two countries, including those of boundary between Mexico and the State of Texas. The minister*!* pointed has set out on his mission, and is probabfc by this time near the Mexican capital. He h?s he^M Xlr^'f? '? bru,',the negotiation with which Scable JiffA ? conclusion at the earliest prac ticable period; which, it is expected, will b.* in time to enable me to communicate the resell to Congress during the present session. Until that re- i suit is known, I forbear to recommend to Congress such ulterior measures of redress for the wrongs and injuries we have so long bon.e, as it woufd ! ?eenm"uIuteTrt0fn^hdd '^luion lars for the payment of the April and July instal Iftu <?P 10j *???! 'ndemnities for the year ' n f'ka " ascertained to the satis faction of the American government th it said in m^nV!n'81 Unpaid by ihe Mexican govern wceive .he Wn'ed ^ '*? United Suites to receive the same, in such manner as to discharge all claim on the Mexican government, and saTd ^ni"ed?Stati?nqUent ,B re,n"tlng ti,c money ro the hnTi1" U'i18ei"u(l stat.? of our relations with Mexico has involved this subject in much mystery. The first information, in an authentic form, from the States, "I'pointed under the ad mm is trution of my predecessor, wu received at the State Department, n the ninth of November last. This is f.fhlr10 a 7'^^1 e(^ the seventeenth of Oc tober, addressed by him to one ofourciti7ens then ia Mexico, with the view of having itcommS" cated to that department. From this it apjiears that a??nt. on the twentieth of September, 1841 cave arece.pt to the Treasury of Mexico for the a ME In rhe ^pr an y ?nsIa,me,lts of the indemnity In the same communication, however he asserts that he hold?0-1 r<Lceiv,,d a sinSlt" dollar'in rash,' but ? rfrni in - securities as warranted h.m at the time in giving the receipt and, entertains no doubt but that he will eventually T n*ar neter^T7' if instalment* ap p ar ne*er to have been actually paid bv the government of Mexico to the agent and as tE government has not therefore been releaHso as to discharge the claim, 1 do not feel myself warranted in directing payment to be made to the claimants out of the. treasury, without further leg.Xion Their case is, undoubtedly, one of much hardship "?e?llUlfS eOT c<?nBre?<? to decide whether anv' and what, relief, ought to be granted to them f)Ii Minister to Mexico lias been Instructed to awe rum the facts of the case from the Mexican S in an authentic and official form, and report the re sult with as little delay as possible. My attention whs earlv dirrrtpti in tion, which, on the fourth of March l?nt t ? i ^"dingat Washingtoni between the United Su"el ri'r rv r< 1-1 ilr1' "n,tlle slJhject of the Oregon ter titory. Ihree several attempts had been i>reviou?lv m:ide to setile th- questions in dispute between the two countries, by negotiation, upon the principle of compromise; but each had proved unsuccessful yeTra ills"lS2'r?nH8{'?? plKCe at Londwn' in'the y ,jr? i^-l,and 1826; the two first under the ? f-jL?. Adams The negotiation of 1818 havinir failed to accomplish its object, resulted in the eon ?Vtfnt/k?nof the twentieth of October of that year Bv Ih!T? artlcIe of that convention, it was "agreed that any country that may be claimed by eithe^ party on the nortwest coast of America westwi? of the Stony mountains, shall, together with irVhar bors, bays and creeks, and the navigation of al rivers within the same, be free and Sn for ,he term of ten years from the date of the tumatuJe the present convention, to the vessels, citizens and subjects of the two lowers; it being wejfSnder ii.e?nv J agreement in not to be construed to I Inch <.nn?r Ce? U"y dam' wh'cl1 nth?*r of the two high contracting pa;ties niay have to any part of tin ' | -aidI country; ?or shall it be taken to tSfect the claims o. any other i'ower or Stat** to anv ivi't of ihf I said country ; ihe only object of the hi^h contrar-t ' kr^rtif8 III that resect being, to prevent dispute. and differences amoni' themselves " ' The negotiation of 1 tfli was productive of no re suit, and the convention of 1818 was lefi unchanaed I The negotiation of 1826. having also failed to etrect au adjustment by compromise, resulted in the convention of August the sixth, 18ij, by which it was agreed to continue in force, for an indefinite period, the provisions of the third article ot the con ention of the twentieth ol October, 1818- and n ' was further provided, that " it shall be competent howev,*r, to either of the contracting pari.es m' case either should think fit, at any time after'the twentieth day of October, 1828,on JiviSrdw^notice of twelve months to the ottier contracting nartv t,. annul and abrogate ihis convention; and it shall* in ' roa?r?w8fV accordingly entirely annulled and au I rognted alter the expiration of the said term ot ! i notice. In these attempts to adjust the controver- ' ' hVd bee'iToiler d'. ''"T ?f n?"h ^.tude | n id been ottered t?y the Lnited States to Great Hri ; tain, and in those of 1?18 and 1820', with a turti fr ; concession of the ree navijatiou of the Columhin I ? iversouth of that latitude The parallel ol the fortl ; ninth degree, from the Kocky Mountains to iis m. lersection with the northeasiernmofct branch of th^ Columbu,and thence down the channel ol mat river th;f?a. had been offered by Great Britain wfh The Columbia Varh" ^'ach"(1 territory noVth of Euch ol these propositions had been rejected t>v tne parties res|iectively. in Oct.lS<43,the Envov Extraordinary and Minister Plenipotentiary of the United States in London was iiithorized to make a sirml.ir ofl.-r to those made in 1818 and 182<). Thus stood the question, when the negotiation was shortly afterwards transferred to Washington; and, on the twenty-third of August, 1844, wan formally opened, uridT the direction oi my immediate predecessor. Like all the previous ne gotiations, it was based upou principles ot " com promise ; and the avowed purpose of the parties was, " to treat of the resjwctive claims of the two countries to the Oregon territory, with the view to establish a permanent boundary between them west ward of the Rocky mountains to ihe Pacilic ocean " Accordingly, 011 ihe twenty-sixth of August. 1844, the British Plenii>otentiary ollered to divide ihe Oregon territory by the forty-niuth parallel of north ! latimde, from the Rocky mountains to the (K>int ol its intersection with the north-eastern-most branch of the Columbia river, and thence down that river to the sea : leaving the free navigation ol the river to J be enjoyed in common by both parties?the country south of this line to belong to the United Slates, and that north of it t > Great Britain. At the fame time, he proposed, in addition, to yield to the United States a detached territory, north of the Columbia, extending along the Pacific und the Strain of Fuca, from Bulfiuch's harbor inclusive, to Hood's canal, and to make free te the U. States any port or ports south o'Jatitude forty-nine degrees, which they micbt d'-sire, either on the main land, or on Quad ra and Vancouver's island With the exception ol the free ports, this was the same offer which had been made by the British, and rejected by ihe Ame rican government in the negotiation of 182t>. Th'8 proposition was propelly rejected by the American plenipotentiary on the day it was submitted. This was the only proposition of compromise offered by the British plenipotentiary. The proposition on the part of Great Britain having been rejected, ihe Bn tish plenipotentiary requested that a proposal should be made oy the United States for " ?n equitable ad justment ot the question." When 1 tam? into office, I found thia to be tIn state of the negotiation. Though entertaining the settled conviction, that the Britith pretension* of title cnuld not be maintained to Hny portion ol tin Oregon territory upon any principle of public lav , recogni-sed by nations, yet, in deference to what i had been done by my predecessors, and especially \ in consideration that propositions ot compromise i had been thrice made by two precediug administra tions, to adjust the question on the parallel of forty nine degrees, and in two of them yielding to Great Britain the free navigation of the Columbia, and j that the landing negotiation had been commenced on the basis of compromise, I deemed it to be my duty not abruptly to break it ofl. In consideration, too, that under the conventions of 1818 and 1827, the citizens and subjects of the two Powers held a joint occupancy of the country, 1 was induced to make another effort to settle this long-jtending controvep ty in ihe spirit of moderation which had given birth to the renewed discuseion. A proposition was ac cordingly made, which "-us rejetted bv tlift Br.tish plenipotentiary who, w ithout submitting any other proposition, sutl< red the negotiant on his pari to drop,expressing histiust that the United States would titter what lie saw fit tocall ''some luithir proposal lor tha settlement of the Oregon question, more con sistent with lairness and equity, und with the rea sonable ex|>eeUitioii8 ot the British government." Ttie proposition thus offered and rejected repeated the offer of tli?* parallelof forty-nine degrees of north latitude, which hud been made by two proceeding administrations, but without proposing to surrender to Great Britain, as they had done, the free naviga tion of the Colu-nbia river. The right of anv for eign Power to the free navigation of any of our rivers, through the heart of our country, was one which I wan unwilling to concede. It also embra ced a provision to make free to Great Britain any port or ports on the cap of Quadra and Vancouver's island, south of this parallel. Had this been a new question, coming under discussion for the first time, this proposition would not have been made. The extraordinary and wholly inadmissable demands of the British government, un > the rejection of the pro position made in deference alone to what had been done bv my predecessors, and the implied ob ligation which ihetr acts seemed to impose, afford satisfactory evidence, that no compromise which the United States ought to accept, can b?i effected. With this conviction, the proposition oi uompromise which had been made and rejected, was, by my direction, subserviently withdrawn, and our title to the whole Oregon territory asserted, and, m- is be lieved, m unturned by irrefragable facts and argu ments. The civilized world will see in these proceedings a spirit of liberal concession on the pan ot the Uni ted Stales; p.nd ihis governmeut will be relirved from all responsibility whiuh may follow the failure to settle the controversy. 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 hereafter inhabit Oregon, and for the mainten ance of our just title to that territory. In adopting measures for this purpose, care should be taken that nothing be done to violate the stipulations of the convention of 1827, which is still in force. The faith of treaties, in iheir letter and spirit, has ever been, and, 1 trust, will ever be, scrupulously observ ed bv the United States. Under that convention, a year's notice is retired to be given by either party to the other, before the joint occupancy shall termi nate, and belore eiiher can rightfully assert or exer ci-e exclusive jurisdiction over any portion of the territory. This notice it would, in my judgment, be proper to give; and I recommend that provision be made by law forgiving it accordingly, and ter minating, in this manner, the convention oi the 6th of August, 1S27. It will become proper for Congress to determine what legislation they can, in the mean time, adopt without violating this convention. Beyond all ques tion. the protection of our laws and our jurisdiction, civil and criminal, ought to be immediately extend ed over our citizens iu Oregon. They have had ju*i cause to complain of our long neglect in this parti cular, and have, inconsequence, been coiti|ielled,for their own security and protection, to establish a pro visional government for themselves. Strong in their allegiance and ardent in their attachment to the United States, they have been thus capt upon their own resources. They are anxious that our laws should be extended over them, and I .recommend that this be done by Congress with as lit'le drlav as possible, in the full extent to which the British Par liament nave proceeded in regard to British subjects j in that territory, by their act of July the second, 1821, "fcr regulating the fur trade, nnd establishing a criminal and civil jurisdiction wnhin certain part:! ot North America " By this act Great Britain ex tended her laws and jurisdiction, civil and criminal, over hei subjects, engiged in the fur trade in that territory. By it, the courts of the province of Upper Canada were empowered to take cognizance of causes civil and criminal. Justices of the peace and other judicial officers were authorized to be appoint ed in Oregon, with power to execute all process is suing lrom th? courts of that province, and to "sit and hold courts of record for the trial of criminal of fences und misdemeanors," not made the subject ol capital punishment, and also of civil cases, where the cauae of action shall not "exceed in value the amornt or sum of two hundred pounds "

Subsequent to the date o: 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 exclusion "of the subjects of any foreign States who, under or by force of any convention for the time hems, between u-> and such foreign States respectively, j may be entitled to, and shall be engaged in, the said trade " It is much to be regretted, that, while under this act British subjects liave enjoyed the protection of British laws and British judicial tribunals through out the whole, ot Oregon, American citizens, in tli? same territory, have enjoyed wo such protection from theirgov.rnment At tbesnmetiine.tne result il lustrates tfie character of our jn-ople and their insti tutions. Ill spite ot this neglect, they have multl plied, und their number is rapidly increasing in thai territory. They have made uo appeal to arms, but tiave peaceful!/ fortified themselves in their new homes, by the adoption of republican institutions tor themselves; furnishing another example of the truth that self-government is inherent iu the Ameri can breast, sud must prevail. It is due to them that they should be embraced and protected by our UWH 1c is deemed important that our laws regulation trade and intercourse wiih the Indian tribes east ol ihe Kooky mountains, should be extended to buuh Iribea as dwell beyond them. The increasing ??'migratinu to Oregon, and the cure and protection which is due (rum the govern ment to its citizens in that distant region, make it our duty, .is it is our niierest, 10 cultivate amicable j relations with the Indian tribes ot ihat territory.? ; ? For this purpose, I recommend that provision be made for establishing an Indian agency, and such sub-agencies as may be deemed neces?aiy, beyond the Kocky Mountains. For the protection of emigrants whilst on their way to Oregon, against the attacks of ihe Indian trilies occupying the country through winch they pass, I recommend that a suitable number ol stock ades and block-house forts be erected along the u.-u al route between our irontier settlements on the Missouri and the ltocky Mountains; and that an ad <-<|Urile loice ol mounted riflemen be raised togiuiii and protect them oh their journey. The immediate adoption of these recommendations by Congress will not violate the provisions of the existing treaty. It will be doing nothing more lor American citizens than Briti.-h laws have long since done tor British subjects in the same territory. It requires several months to perform the voyage by sea front the Atlantic States to On-con; ana al though wc have a large number of whale ships in the Pacific, but lew of them allord an opportunny of interchanging intelligence, without great delay, between our Settlements in that distant region and the United States. An oveilaiid mail is believed to he entirely practicable; and tile importance of esta blishing such a mail, at leant once a month, is sub mitted to the favorable consideration of Congress It is submitted to the wisdom of Congress to de termine whether, at their present session, and until after the expiration of the year's notice, any other measure may be adopted, consistently with ihe con vention ol 1827, for the security of our rights, and the government and protection of our citizens in Oregou. That it will ultimately be wise and pro|>er to nmke liberal grants of land to the patriotic pio neers, who, amidst privations and dangers, lead the j way through savage tribes inhabiting ihe vast wil derness intervening between our frontier settlements ; and Oregon, and who cultivate, and are ever ready | to defend the soil, lam fully satisfied. To doubt t whether they will obtain such grants as soon as the | convention between the United States and Great j Britain shall have ceased lo exist, would be to doubt j the justice of Congress ; but, pending the year's no tice, it is worthy of consideration whether a stipula tion to this effect may be made, consistently with the spirit of that convention. The recommendations which 1 hr.ve made, as to the bfj-t innn:ier of securing cur rights m Oregon, ; are submitted to Congress w ith great deference ? ! Should they, in their wisdom, device any other ( mode heller calculated to accomplish the i-.iine ob- ' ject, it shall m^et wiih my hearty concurrence. At the end of the year's notice, should Congress ! think it proper to make provision lor giving that no- i tiee, we shall have reached a i>eriod when the nil- 1 tional rights in Oregon must either be abandoned or firmly maintained. That they cannrrt be aban doned without a sacrifice of both national honor and interest, is too clear to admit of doubt Oiegon is m purt of the North American conti nent, to whicn it is confidently affirmed, the title of the United States is the best now in existence. For the grounds on which that tale rests, I refer you to the correspondence of the late and present Secreta ry of State with the British plenipotentiary during the negotiation. The British proposition of com promise, which would make the Columbia the line south of forty-nine degrees, with n trifling addition of detached territory to the United Mates, north of that river, and wt.uid leave on the British ride two thirds of ihe whole Oregon territory, including the tree navigation ol the Columbia and all the valuable harbors on the Pacific, can never. lor a moment, be eutertmned by the United States, without an aban donment of itieir ju?t and clear territorial rights, their own sell-resi^ct, r nd the national honor. For the information of Congress, I communicate here with the correspondence which took place between the two governments during the late negotiation The rapit extension of our settlements oyer our territories heretofore unoccupied; the addition of new States to our co.ileiit r.icy ; ilie expansion ot free principles, and our rising greatnesa us a nation, are attracting the mention ol the Powers ol Eu rope ; and lately the doctrine has been broached in some of them, of a " balance of power" on thin continent, to check our advancement. The United Stale*, sincerely detirous of preserving rel iti< us of good understanding with all nation?, cannot in si lence permit any European interference on the North American continent; and should any such in terference hi; attempted, will be re,.dy to lesist it at any and all hazards It is well known to die American pt opK- aud to nil nations, that this government has never inter fered with the relations subsisting between other governments We have never made ourselves par ties to their ware or their alliances; we have not sought their territories by conouett; we have not mingtrd with parties* in their domestic struggles; and believing our own form of go/cranr-nt to be the best, we h ive never attempted to propogate it by intriirues, by diplomacy, or by force We may claim on this continent a like exemption from Euro pean interference. The nations ot America are equally sovereign and independent with those of Euro|>e. They possess tlie tMiine right?, independ ent ol all foreign interposition, to make war, to conclude peace, aud to regulate ilieir internal all lire The people ot ihe United States cannot, therefore, view with indifference attempts of European powers to interfere with the independent action of ihe iih tions on this continent. The American svs em of government is entirely different from 'hat of Europe Jealousy among ihe different sovereigns of Europe, I 'st any one of them might become too powerful for the rest, has caused ihem anxiously to desire the ee tahlishment of what they term the ' balance ol |>ow er." ft cannot be |>errnitted to have any application on the North American continent, and especially to the United Stutes. 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 independent statv, propose to unite themselves with our conledr racy, this will be a question for them and us to determine, without any foreign inter(K)sifion.? We ran never consent that European Powers shall interfere to prevent such a union, because it might disturb the "balance ot power" which they may desire to maintain uprn iliis continent Near a quarter of a century ago, the principle was distinctly announced to the world in the annu.il message of one of my predecessors, that "the American continents, by the free and independent condition which til"}- have assumed and mlintaip, are henceforth not to be considered as subjects for future colonization by any European power." This principle will upply, with greatly increased force, should any European power attempt to establish any new colony 111 North America. In the existing cir cumstances of the world, the present is deemed a proper occasion to reiterate ami reaffirm the princi ple u vowed by Mr. Monroe, und to state my cord in i concurrence in its wisdon and sound policy. The reassertion of this principle, especially in reference tc North America, is at this day but the promulga tion 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 safely and our interests, that ! the efficient protection of cur laws should t>e ex ? tended over our whole territorial limits, and thfit | it should be distinctly announced to the world a? our settled policy, that no future European colony or dominion shall with our consent, be planted or established on any part of the North American con tinent. A question has recently arisen under the tenth article of th>- subsisting treaty between the United States and Prussia. By ibis article the consuls ol the two countries have the right to sit as judges and arbitrators "in such diff-rences as may arise be tween the captains and crews of the vessels belong ing to the nations whose interests are commuted te their charge, without the interference of the local authorities, unless the conduct of the crews or ol the captain should disturb the order or tranquillity of the country; or the said consuls shotild require their assistance to cause their decisions to be earned into effect or supi?orted." The Prussian consul at New Bedford, in June. 184-1, applied to Mr. Justice Story to carry into effect a decision made by htm between the captain am: crew of the Prussian ship Borussiu : but the request was refused on the pi fund thar, without ptvvion legislation by Congress, the judiciary did not possesi the power to uive effect to this aitiole of the treaty The Prussiau government, through their minister here, have complaint d of this violation ot the ttesfy. and have asked Ihe government ol die Uiuliti States to adopt the necessary measures to prevent similar violations hereatter. Good t? ith to Prussia, as well as to ether nations with whim we hnv> similar treaty stipulations, requires thai theseshould be faithfully observed. I have deemed it proi?-r, therefore, to lay the subject before Congress, *ni t recommend such legislation as may be necessaiy to give etfeci to these treaty obligations. By virtue of an arrangement made between th Spanish government and that of the United States, in December 1831, American vessels, sinre the twenty-ninth of A|>ril 1832. h-ive been admitted to entry m the ports of Spain, including ihoe ot th. Biferac and Canary Inlands, on payment ot tti> ?t?im? tonnage duly of live cents |?r ton, as though iliey had been Spun it.h vessel*; and this, whither our vessels arrive in Spain directly from tiie United Stales, or indirect!/ from any other countrv. Wh< >. Congr* ps, by the act of the ihirteenih of July, 1832, gave effect to this arrangement between the two govern menu, they confined liie reduction of tonnage duty merely to Spanish vessels "coming from a port m Spain," leaviug ihe former discriminating duty to remain against such vessels coming from a poit in any other country. It is munilet-t'y unjust thai, whilst American vessels, arriving m the ports t1 Spain from other coutitries, pay no more duly tha Spanish vessels, Spanish vessels arriving in ihe pons ot the United States from other countries houldb subjected to heavy discriminating tonnage duties Tins is neither equality nor reciprocity, and is lii violation of the arrangement concluded ill Decern b'.-r, 1831, between the two countries. The Spanish government have made repeated and euritest re monstrances against this inequality, and the favor able attention of Congress has been several time ??? invoked to the subject by rny predecessors. I re commend, as an act ot justice to Spain, that this inequality be removed by Congress, and thht the discriminating duties which have been levied under the act of the thirtieth ol July, 1832, on Span ish vessels coming to the United States Irom any other loreign country, be refunded. This recom mendation does not embrace Spanish ves-els ar riving in the United States froin Cuba and Porto Rico, which will still remain subject to the provi sions of the act of June thirtieth, 183-1, concerning! tonnage duty on such vessels. By the act of the fourteenth ol July, 1832, coffee was exempted from duty altogether. This exemp tion was universal, wuhout reference to the country where it w.ia produced, or tne national character of the vessel in which it was imported. By the tanll act ol the thirtieth ot August, 1812 this exemption Iroin duly was restricted to coffee imported in Ame rican vessels fiom the place of its production; whi^t ci'tli-e ini|Hjrted under all other circumstances was subjected to a duty ot twenty percent, ud valottm Unoer this act. and our existing treaty with the King of the Netherlands, Java cortee ini|Hirted from the European ports of that kingdom into 1 the United States, whether in Dutch or Atne- | riean vestals, now piys this rate ot duty. The government ot the Netherlands complains that | such n discriminating duty should have been , im|>osed on coffee, the production of one of lis , colonies, and which is chiefly brought from Java to , the potts of that kingdom, and exported Irom llience to foreign countries. Our tiade with the N? - | tiierlands is highly beneficial to both countries, an > our relations wiih them have ever been of the most : friendly character. Under nit the circumstances < I the case; I recommend that this discrimination should be abolished, and that th# coffee of Java, im ported from the Netherlands be placed upon the same looting with that imported directly Irom Bra zil and other countries where it ih produced. Under the eighth section of the tariff act of the thirtieth of August, 18-12, a duty of fifteen cent* j>ei gallon was imposed on Port wine in casks; while, on the r?>d wines ot several other oom< iries, when imported in casks, a duty of only six cents per gallon was imposed. This discnmina uon, so far as regarded the port wine ol Ptoriugal, was deemed a violation of our treufy with that Power, which provides, th t "No hi?l> er or other duties shall be imposed on Ihe importation into the United States of America of any article the growth, produce, or manufacture ol the kingdom and pot-cessions ?>t Portugal, than such ns are or shall be payable on the like artirle being the growth, produce, or nianulactuie of any oilier loieign country." Accordingly, to give effect to the treaty, well an to th<* intention c?t Congress, expressed in proviso to the luriti act itself, that nothing ther* in contained shou.l be so construed as to inierfere Willi subsist ing treaties wiili foreign nations, a trenmnf ctrcui i was i-siied on the sixteenth of July, 1811, winch n mon? other things, de< Ian d the fluty on th* part u .. ol Portugal in cafks, under the existing laws m l treut,v, to be six cents per gallon, and directed that the excess "f duties that ha t hern collec'ed on stioh wines should be irtir led i)v virtue ot Another claims in ttie same section (it tin a ?; it ., ruvt 'ed tLat hII imita tions of Port, or any oll.t r wmu ?nall be subject to the duty provided for the genuine ruticle." I nuts tions of Port wine, the production of Franc* ae Imported to some cx'O'it into tlie U"itn I 8tat??; a ,J the gr vernment ( f tha' roiin'rr now cl ??"?* that, under ? correct con struction of the act thfc?e imitation* ought not to pay a higher duty than that impose ! ii| ,n the o>i|<iiiwl Port wine of Portugal, it appears to me to be uu?q lal and tinjutt. that French imitations ol Poll wn.e should tie subjected to h duty of (i'u en cents, w>nl? tne more val ugtilu article- from Portugal should pay uniy ol nix cts. only per gallon I theretore recommend to < ongre>? ? uch legislation an may bo necessary to coirect the ine quality Thc late President in Lh ano.ial message of Decern ber last recommendud on ?|ipro|>riaticu to satisfy tha claims of the Texan governmnot against tha U. State*, which had been previously adjuster,no far as the powers ol the Executive extend. Tnese claims afo<o otil of the a".t of di-arminjf a body of Penan troops under the cotn insnd of Major Snivelv, by an officer in the service of the Timed s>tate?, acting under the ordersof our govern ment', and the forcible e itry into ttie Cu?tom H .use at Bryarly's landing, on He I Hiver, by ceitain citizen* of the Ut ited States. sml tikii < away therefrom the goe Is ?ei7.ed by the collector of trie customs rs foifsited under the laws or Texas This wa? u liquidated debt, ascer tained to tie tnu to Tenaf when an independent State - lier acceptum e ol tlie teims of annesatiou | iopened bjr the Uliited States does i *'discharge or invalidate the claim. 1 recommend that provision he made lor its pay ment. 7'he commissioner appointed to China during the spe cial session ol thu Senate in Vatch last, shortly after w ards set out on hi* mission. in the United States ship Columbus On arming ai Hm de Janeiro on bis pas sage. the stati.' of hi? health had become so critical, that, bv the advice ot his niedi.'al attendants tie returned to the I nited States early in the month of October last, Corn mudorn Diddle, commanding tie Ent India squadron, proceeded on hi-i voyage in the tolumbus, au.t was chatged by the commissioner with the duty of exchang ing with the proper authorities the ratification* of the tr> aty lately concluded with the F.mpeior ot China ? Mince the leturn of the commissioner to the United Slate*, bis health has been much improved, and he en tertains the confident belief that he will soon be able to proceed on his mission. Unfortunately, differences continue to exist among some of the nations of South America, which, lollowng our example, have e-tabhsherl their independence, whiie in others internal di-iseusions prevail. It is natural that our sj mpathies should be warmly enlisted for their wel fare ; that we should desire that nil controveisies be tween them should be amicably adjusted, and their go vernments administered in a manner to protect the rights, and piomote the prosperity of their people. It is contrary, however, to our settled policy, to interfere in their controversies, whether exteinal or internal. I have thus adveited to all the subjects connected with our foreign relations, to which I deem it necessary to cull your attention. Our policy is not only peace with, all. but good will towards all the Powers ol the earth. While w e ate just to all. we require that nil shall be Just to us. Excepting the differences with Mexico and Oreat Britain, our relations with all civilized nations are of thu most satislnctory character It is hoped that in this en lightened ege, these differences mny be amicably ad justed. Trie Secretary of the Treasury, in his annual repert to Congress, will communicate a lull statement ot the condition of our finances. The imports for the A-ool year ending on the thirtieth of June la??, were of the value of one hundred and seventeen millions two hun dred end fifty-four thousand five hundred and sixty lour dollars, of which the amount exported was fifteen mil lions three bundled and forty-six thousand eight hundred and thirty doilai 1 - leaving a balance of one bundled and one millions nine hundred and aeven thousand seven iiundred and thirty four dollars lor domestic consume tion. Thu exports for the same year were of the value of one hundred and fotmeen millions ix hundred and forty mx thousand siv hundred and six dollars, of which, the amount of domestic, articles was ninety nine millions two hundred and muety nine thousand seven bundled and seventy six dollars. The receipts into the treasury during tt.e same year were twenty-nine million* seven hundred and sixty-nino thousand one hundred and thitty three dollars and filty-six cents; ot v hich there were de rived liom customs, twerity-seren million* fivo Iiundred and twenty eirht thousand one hundred and twelve dol lars and seventy cents; f-oni <-ales ol public lands,two mil lions seventy -seven thousand and twenty-two dollars and thirty cents; and from incidental and miscellaneous sources, one hundred urn! sixty tnrea thousand moo hun dred mid "ninety eight dollars and fifty-six cents Tho expenlituics for the same period weie twenty-nine mil lions nine hundred and sixty-eight thon-and two hundred and six dollars and nil ety-eight cei ts; of which eight millions five bundled and eigtuy-eight thousand one hun dred and lifty-seven dollars and sixty-two cents weie applied to the payment of the public debt The balance in the treasuiy on the first of July ia-st, was seven mil lions six hundred and filty-eight thousand three bundled ainl six dollars and twenty-two rents. The amount ol the public debt rctr.air.'ng tinpnid oa tho firit ut October last was seventeen millions seven!) five thousand four hundred and foit -I've djtlais and tif y-two cents. Further payments of V o r'iblic debt would have been male in anticipation o! tho period of in j'.-tii'.,,".t't?nt it- >r 'he authority coofe'is-J upon ttie ^cretary 01 i I essury by tr.c actio! July tWrL'jr first. I84l,ai:dcf April fllieHntU. 134J. and tiarch third, I.M3 bad not the u ?ettl d ^t iteol o>ir tela ions with Mexico n ei Hced t.os'ile rolij-uui v. ith that j.o*er. iu view of such .? contingency, it wa. deemed pruden.to retain in th* treasuiy an aiuuuut unusually lutge lor or JiuaiT ta i?>s, Alow jenf. ngo, our whole national debt growing out oi the revolution snd the war ol 1812, witn Great { Britain. was extinguished.and we presented to the world I iho raro and noble spectacle 01 a g>eat Hint growing | people who i a.l fslly discharged everv obligation ? I ~iuce that lime, the existing del)'. In* b-'en contracted ? I and small sv u is, in comp>11-011 with the siin.lar hur den* ot most other nation*, it should he extinguish# 1 nt ! the f itlie-t practicable p-jiiol. .Should me Mateo! the country permit, and, especially, if our (oreign relation* intcrpoee 1,0 obsiacle. it U contemplated o apply all the money t in the treactiry n* they accrue beyond what U required lor the appropriations by Congrcs*, to its lrqui ! .l.uon. I chenshl^e nope ol aoon being al io to con 1 grat-ilate the country on its recovering once more (lie ! lotty position w'lii' h it *o recently occupied. Uurivua j try, which exhibit* to the worid tho I eneli's of fell-gov j eminent, in developing ull the sources ol notional pros perity, owes to mankind tho permanent exnmplo ot a i o ' lion tree Irom the blighting ii.rtiifi.ee ol a pi: lie debt j The at'ention ot Co gre.s i? invited to the importance 1 of making suit itde modification* and reductions el the j rntws ol dii'y unpoied bj our present tariff liwa. Ilia ' object of 10.posing duties on iinpoit*, should bo 10 raise j levervie to pay th? m-c.s?aiy exi entws 01 government. < ongresg m i>, undoubtedly in the exercise oi a soun I j .'Iscietion, discriminate io arranging il'e rates of duty ou | different articles; but the ditcri.iiimtwou* should he with ' in the reve.iue standard, and he niado with the view to laise money for iho suppoit of government. ' It booomes iinpoi-.ni to u i.ler.tan 1 distinctly whit is meant by a revenue standard, the maximum ol winch ' should not bo ex eeded in the isles ol duty imposed. It ' is conceded, and experience proves, that duties nmy be laid so high ns to oiiniuisli, or prohibit altogether, the importation ol any given article, and thereby lessen nr . destroy the revenue which, at lower rates, would be de rived Horn its importation Such duties exceed the rev enue rates, aud are not imposed to raise money lor the support ot government It Congress levy a duty, lor revenue, 01 one per cent, on a given article, it w ill pro duce a given t.mouut ot mouey to the treasury, and will incidentally aud r.ecos?arily oltorri protection, or advan tage, to the amount of one per cent to the home manu facturer ot a similar of like article over the importer. If tlt4 duty be raised to ten per cent., it will pioduce a I greater amount of money, and afford greater protection. If it be still raised to twenty, twenty-live, or thirty per cent., and if. as it is raised, the revenue derived fiom II is loUtid to be inereMed.tiie protection or advantage will also be increased; but il it be raised to thirty-one per ct., and it is found that the revenue produced at that rate is less than at tliii ly per cent., it ceases to be a revenue duty. The precise paint iu too ascending scale of duties at which it is ascertained truin experience that the rev enue is greatest, is the maximum rate ot duty whicli can j belaid tui the'>? a Jute purpose ol collecting money for the support ol govei nnient. I'o raise the duties higher tnau that point, and theieby diminish the amount collected, ii to levy them tor ptoiection meielv, and not lor revenue A* long then, a* Congress may giudually lucieasa the ute ol ituty ou a given article, and the revenue is in [ creased by such increate of duty, th??y are within the re venue st?nd?id. When they go bey oud that point, and, as they increase the duties, thiv revenue is diminished o?* destroyed, the act cease.-, to liavu lor its object the ibis ing ol money to suppoit government, but is lor pro tection ineiely It does not lollow thnt Congress ibotilj levy the high est duties on all articles of import v. liicn they w ill hear within the revenue standard: lor such rates would pro bably predure a much larger amount than the economi cal administration ol the government would require ? Nor does it lollow that the duties on all articles .honld be at the same, or a horizontal tato Some articles will bear a much higher revenue duty than ottiris Below the ma xim "in ol the revenue standard Congress i-iay and ought to di-crlmtnab' in the rates Imposed, talcing care so t adjust them on dillerelit articles as to produce rti the aggregate the amount which, when a ided to the proceed* ot sales ol public lands, may be needed to pajr the economieal expenses ol the government. In levy ing a tanll ol dune-, ( oogress e sercue tho tax ing power, and lor purpose* td revenue may select the objects ol taxation Tl.ey may exempt certain cuticles altogether and permit their importation tree ol duty. On other* they may Impojo low dutie ?? In the>e cla?sea should be embraced such articles ol necessity ns ate iu general use, and es|ecially micIi a? ate consumed by tu? laborer and the poor, a> well as by the wealthy citizen. ( air should l e takvn that ail tlie gieat interest* < I the country, including manufactures, agncultuie, com merce, navigation, and the mechanlo nits. should, as i.ir as may be practicable, deiivn equal advantages Irom (he incidental protection which a ju-t system ol revenue duties may atl'oid. raxation, uuect or loi!ircct, is u bur den, anil it should bo so impose l as to operate its e.pt il ly as may be, on all Classes, in the proportion O'their ability to bear it To m?ke the (axing powei au actual benefit to one class, 1 ecessarily Increases the buiocu of the others t>< y ond then proportion, and would tie mani festly unjust. Tho terms " 1 ru'tclitu to ooincsiiu tu dustiy," are (I popular import; Inlt ttey mould apjdy under a just lystam to all the vat iuut ? r i> che ul indus tiy in oui cnunii> I he laioter o , 1.' ui o to Is yearly iu I i. ttebu. i? 1 rg ge 1 in ?? <lvmt.?tiO 111J11 try" arid is h? much 1 ? titledh 'V.- in. I bor " pi. e. te i,"as the i- aiiUbiCtiiier. tin# 11.al' ol contti e: c, toe iiavi^atort or tne meclun c, w ho aiu engaged .leoiti Viomesuc in dusny 'in theii UilK-ient pui.ut.s The join, laiurs ot ull